-NRLF ftcftool of Jltneteen fwnfcreb nineteen Nineteen fjunbreb GIFT OF THE SCHOOL LAWS OF NEBRASKA 1919 EDITION K. B. PRINTING CO. JOE B. REDFIELD AND H. E. MILLIKEN, PROPRIETORS OMAHA, U. S. A. CONTENTS Article I. School districts 13-24 II. District meetings 2 III. District officers 33-35 County Rural school districts 128-135 IV. Powers and duties of district officers 36-44 V. District board powers and duties 44-49 VI. Districts containing more than one hundred fifty pupils. . 49-52 VII. Rural high schools 52-56 VIII. Free high school education 56-61 IX. County high schools 61-64 X. Normal training in high schools 65-69 XII. State fire day and fire instruction 69-70 XIII. Teachers' certificates 70-78 XIV. Teachers and teachers' institutes 78-82 XV. County superintendent 83-86 XVI. State superintendent 86-88 XVII. School house sites 88-90 XVIII School books 90-92 XIX. Compulsory education 93-97 XX. School funds 97-100 XXI. Miscellaneous provisions :; 100-106 XXII. Schools in cities of over fifteen hundred inhabitants 106113 XXIV- Schools in Metropolitan cities 113-115 XXy. State normal schools 115-118 Promotion of vocational education by State and U. S. Government. .119-127 State school of irrigation \ 128 CHAPTER 8 Bonds and Indebtedness of Counties and Municipalities. Article I. General provisions 136 III. Compromise of indebtedness 136-137 VIII. School district bonds 137-142 CHAPTER 32 Interest 148 CHAPTER 35 Child labor law 152-158 State child welfare bureau 158-160 CHAPTER 68 Article XVII. Warrants 143-146 XVIIL Investment of public funds 146-147 MISCELLANEOUS Exceptions from operation of primary election 148 Business colleges 148-149 Dixon and Alt survey 149 Recovery upon forfeited recognizance 149-150 Fire escapes and toboggans 150 Education of children in poor house 150-151 State holidays and "flag days" 151 Child labor law 152 CRIMINAL CODE. CHAPTER 9 Article III. Tobacco and cigarettes 161 Regulations for the Quarantine, Care and Disinfection of Contagious Diseases Rules adopted by State Board of Health . . 162-164 PREFACE The school laws referred to herein are the School Laws of Nebraska as revised and amended in 1919. This volume is public property. It is to be kept in the custody of the school officers and produced by them at all meetings of the district, for consultation by voters, and must be delivered to succeeding officers. The new laws of the last session of the legislature have been incor- porated under the proper subdivisions and indexed so that they may be easily found. Supreme Court decisions and important decisions of the state super- intendents from 1881 to 1919 have been carefully classified and placed under the section of the school law to which the decision applies. The legislature has declared that the decisions of the state superin- tendent shall be held to have the force of law until reversed by the courts. These decisions are based upon the law in force at the time. Every legislature makes some changes in the school laws. Hence, rulings will necessarily be modified by new laws enacted, or old ones, amended or re- pealed. In cases where there is no law to govern and no decision of the court to guide, the state superintendent has been governed by the counsel of the attorney general of Nebraska and by the supreme court rulings of other states. County superintendents, city superintendents, teachers, and school boards, who make themselves thoroughly informed as to their duties and the legal questions pertaining to them, will avert many petty causes of trouble, and greatly add to their own success, and the general efficiency and progress of our public school system. Please note that ALL REVISIONS by the Legislative Session of 1919 are printed in BLACK FACE TYPE, like this paragraph. Superintendent of Public Instruction. Lincoln, Neb., April 26, 1919. M 4523.10 UNITED STATES SENATORS HON. GILBERT M. HITCHCOCK, Omaha HON. GEORGE W. NORRIS, McCook CONGRESSMEN HON. C. F. REAVIS, Falls City, First District HON. A. W. JEFFERIS, Omaha, Second District HON. ROBERT E. EVANS, Dakota City, Third District HON. M. O. MCLAUGHLIN, York, Fourth District HON. W. E. ANDREWS, Hastings, Fifth District HON. MOSES P. KINKAID, O'Neill, Sixth District STATE GOVERNMENT 1919-1920 HON. SAMUEL R. McKELviE Governor. HON. P. A. BARROWS Lieutenant Governor. HON. D. M. AMSBERRY Secretary of State. HON. GEORGE W. MARSH Auditor of Public Accounts. HON. D. B. CROPSEY Treasurer. HON. W. H. CLEMMONS Superintendent Public Instruction. HON. CLARENCE A. DAVIS Attorney General. HON. DAN SWANSON Commissioner Public Lands and Buildings. HON. T. L. HALL Railway Commissioner. HON. VICTOR E. WILSON Railway Commissioner. HON. H. G. TAYLOR Railway Commissioner. R. E. CUNNINGHAM Commissioner of Printing. W. H. OSBORNE Secretary State Board of Equalization. SUPREME COURT HON. ANDREW M. MORRISSEY Chief Justice. HON. CHAS. B. LETTON. HON. ALBERT J. CORNISH. HON. WM. B. ROSE. HON. JAMES R. DEAN. HON. S. H. SEDGWICK. HON. C. H. ALDRICH. COMMISSIONERS WM. C. PARRIOTT. FRED O. McGiRR GRANT G. MARTIN. H. C. LINDSAY, Clerk and Reporter State Librarian. UNIVERSITY OF NEBRASKA, LINCOLN BOARD OF REGENTS F. W. JUDSON, term expires Jan., 1925 J. E. MILLER, term expires Jan., 1921 J. R. WEBSTER, term expires Jan., 1925 P. L. HALL, term expires Jan., 1923 E. P. BROWN, term expires Jan., 1921 H. D. LANDIS, term expires Jan., 1923 JAMES STUART DALES, Secretary Board of Regents. SAMUEL A VERY, Chancellor. H. E. BRADFORD, Principal of School of Agriculture. C. C. ENGBERG, Executive Dean. STATE NORMAL SCHOOLS BOARD OF EDUCATION DAN MORRIS, Kearney, President. T. J. MAJORS, Peru, V ice-President. W. S. HEITZMAN, Osceola. II. 1C. REISCHE, Chadron, Secretary. FRANK PILGER, Pierce. HON. D. P. CROPSEY, State Treasurer. HON. W. B. CLEMMONS, State Supt. CHADRON NORMAL KEARNEY NORMAL ROBERT I. ELLIOTT, President. GEORGE E. MARTIN, President. EFFIE D. HULBERT, Registrar. J. S. ELLIOTT, Registrar. W. T. STOCKDALE, Dean. GEORGE E. MARTIN, Dean. PERU NORMAL WAYNE NORMAL E. L. ROUSE, President. U. S. CONN, President. R. D. OVERHOLT, Registrar. H. H. HAHN, Dean. DEPARTMENT OF EDUCATION EXECUTIVE DIVISION CLEMMONS, W. H State Superintendent Fremont SPEEDIE, JOHN Deputy State Superintendent Gretna CLARK, I. N Rural School Inspector Minden DUNCAN, J. F Normal Training Inspector University Place THOMPSON, CORA A Assistant Superintendent Bridgeport FRENCH, J. D Head Certification Dept Lincoln ASSISTANTS WHEELER, RUTH E Secretary Normal Training Department Bookkeeper and Statistician FOX,THEODA Secretary SNAPP, CECILE Stenographer DAVIS, MAUD Stenographer COTTRELL, FLOA Stenographer CERTIFICATION DEPARTMENT WOODS, Martha C Typist and Recorder of Examinations COOPER, CAROLINE M Chief Clerk and Recorder WHEELER, MRS. C. D Clerk and Recorder of Examinations MODEL RURAL SCHOOL BUILDING. Front view. Estimated cost $900 to $1500, according to completeness of equipment. Rear view of the same building. Up-to-date plan of lighting. Special attention has been given in the above model floor plan to have the interior arranged according to the most modern ideas. THE MODEL RURAL SCHOOL BUILDING. [By an Architect.] The plan as laid out contemplates either an entirely new building, or the ordinary rectangular plan rural school building remodeled, and is designed to embody all of the latest ideas pertaining to lighting, heating and venti- lating. The system of lighting is what is known as the unilateral or one-side lighting, by which the light is brought from a number of windows located to the left of the pupil, and set as close to the ceiling as practicable. The high windows shown at the rear are not essential, as the proper amount of glass surface is contained in the bank of windows to the left. The heating and ventilating is accomplished in the same manner as in the most modern gravity heating plants in larger buildings that is, the air is brought in from the outside well above the grade line. In this case it is brought through the lower window in the front gable, drops down the air shaft back of the heater, and ascends between the jacket and the heater. By means of a series of baffle plates the air is passed over the heating surface but never coming in contact with the fire, passes out above the heater and exhausts into the room, as indicated by the darts, directly toward and against the cooling surface, which is the windows on the left of the room. The upper part of the receptacle which receives this heater curves outward at the top so as to deflect the warm air into the room. As the air leaves the heater, being pure and warm it rises to the ceiling and would remain there were it not for the large ventilating flue and vent register at the bottom, which takes off the lower strata of air, allowing the pure warm air to fall equally all over the room. This entirely eliminates all currents and drafts and holds the temperature of the room the same in all parts. To absolutely insure an ascending current of air in the vent flue at all times there is an iron plate set vertically between the heat and vent flue just opposite where the smoke pipe enters. The heat from the smoke pipe heats this iron plate, which in turn heats the air in the vent flue, causing an upward current which pulls the air out of the schoolroom as above mentioned. The apparatus as described and laid out is practically fireproof, and much safer than stoves, as there is a double jacket between the fire and the woodwork at any point, and between these jackets is constantly passing a current of air. It would be next to impossible to build a fire intense enough to set the building on fire. While this plant includes all the desirable fea- tures of the more elaborate and more expensive plants used in larger build- ings, it has the distinct advantage of not being a patented article and can be installed without the payment of any royalties whatever, at the same time being practical and economical. The fuel room is sufficiently large to hold fuel for at least a week, it being assumed that the janitor or person in charge can fill the same at the end of the week and do away with the dust and dirt caused by bringing in fuel from the outside many times during the day. The work room is large and well lighted and heated directly from the school heater, and is separated from the main schoolroom by a rolling parti- tion or sliding door, permitting the same to be thrown into the main school- room when desired. The closet adjacent is designed for the use of the teacher. The building as designed can be built of either frame or masonry, and if of frame the only masonry required would be the foundation walls and smoke and vent flues. THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF NEBRASKA RELATIVE TO EDUCATION. ARTICLE VIII. EDUCATION. Section 1. Board of educational lands and funds. The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, consti- tute a board of commissioners for the sale, leasing, and general manage- ment of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law. Authority to invest a portion of the fund cannot be conferred by legislative enactment upon the treasurer. 40 Neb., 298. Sec. 2. Property, how used. All lands, money, or other property, granted or bequeathed, or in any manner conveyed to this state for edu- cational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance. Sec. 3. Permanent school fund. The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income only can be appropriated, to wit: First Such per centum as has been or may hereafter be granted by Congress on the sale of lands in this state. Second All moneys arising from the sale or leasing of sections num- ber sixteen and thirty-six in each township in this state and the lands selected or that may be selected in lieu thereof. Third The proceeds of all lands that have been or may hereafter be granted to this state, where by the terms and conditions of such grant, the same are not to be otherwise appropriated. Fourth The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons. Fifth All moneys, stocks, bonds, lands, and other property now be- longing to the common school fund. Cited 5 Neb., 206. Sec. 4. Temporary school fund, All other grants, gifts, and devises that have been or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state. 5 Neb., 103, 206. 16 Id., 610. 16 Id., 680. 9 10 fH'E N.E"BKA6,SCHOOL LAWS COMPILED BY K-B PRINJI^G CO., OMAHA. g ec> s.^iaeg-'an^Llliccnsfeft.rr-All'Ajes, penalties, and license moneys arising under the general laws of the state shall belong and be paid over to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordi- nances of cities, villages, towns, precincts, or other municipal subdivisions less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue. 5 Neb , 310, 516. 8 Id., 31162. 9 Id., 184, 352, 404. 11 Id. 557. 14 Id., 479. 17 Id., 224. 27 Id., 64. 28 Id., 254. 29 Id., 288, 348. g ec 6. Common schools. The legislature shall provide for the free instruction, in the common schools of this state, of all persons between the ages of five and twenty-one years. g ec> 7. Distribution of income Provisions shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools among the several school districts of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months. 5 Neb., 104. Sec. 8. Educational lands Price. University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value. Sec. 9. Funds to remain inviolate. All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on United States or state securities, or registered county bonds of this state; and such bonds, with the interest and income thereof, are hereby solemnly pledged for the purpose for which they are granted and set apart, and shall not be transferred to any other fund for other uses. Cited 15 Neb., 610, 684. 16 Id., 680. 25 Id., 660. 39 Id., 353. 41 Id., 227. 66 Id. 381. Sec. 10 University. The general government of the University of Nebraska shall, under the direction of the legislature, be vested in a board of six regents, to be styled the Board of Regents of the University of Nebraska, who shall be elected by the electors of the state at large, and their term of office, except those chosen at the first election as hereinafter provided, shall be six years. Their duties and powers shall be prescribed by law, and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties. 5 Neb., 426. 17 Id., 612 Sec. 11. No sectarian instruction. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes. 65 Neb., 877. THE NEBRASKA SCHOOL LAWS 11 COMPILED BY K-B PRINTING CO., OMAHA. Bible reading in the public schools. Chief Justice Sullivan asserts that the law does not forbid the use of the Bible in public schools. The point where the courts may interfere is where the use of the Bible in a public school has degenerated into abuse, where a teacher instead of giving secular instruction had violated the constitution by becoming a sectarian propagandist. The court holds that whether it is prudent or politic to permit the reading of the Bible in the schools is a question for the school authorities, but whether the practice has taken the form of sectarian instruction is a question for the courts to determine upon evidence. Every alleged vio- lation must be established by competent proof. Sec. 12. Reform schools. The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employ- ment, and reformation of all children under the age of sixteen years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime. THE SCHOOL LAWS OF NEBRASKA Chapter 71. ARTICLE I. SCHOOL DISTRICTS. SECTION 6700. School and district construed. 6701. District a body corporate. Division of counties. Foundation of new districts. Notice by superintendent. Notice to voters. Return of notice. Same record evidence. Division of district property indebt- 6702. 6703. 6704. 6705. 6706. 6707. 6708. 6709. Same bonded indebtedness. 6710. Same collected. 6711. Same payment. 6712. Sale of property. 6713. Division of proceeds. 6714. Division of teachers' fund. SECTION 6715. Floating indebtedness. 6716. Report change in district map. 6717. Unsatisfactory division of property. 6718. Arbitration. 6719. Award final. 6720. Arbitrators' fees. 6721. District in two counties. 6722. Depopulated districts. 6723. Same annexation to adjoining districts 6724. Closing up affairs of same. 6725. Debts taxes. 6726. Superintendent bond. 6727. Same report. 6728. Same compensation. 6729. Districts containing three or less sec- tions of land. FOR AN ACT TO PROVIDE FOR THE DISTRICTING OF ALL TERRITORY INTO DISTRICTS FOR CONSOLIDATED AND HIGH SCHOOL PURPOSES, AND TO PROVIDE FOR THE OR- GANIZING AND OPERATING OF THE SAME. Section 1. All of the territory in any county of the state, shall be districted into districts for high school and consolidated school purposes according to and under the provisions of this act. Sec. 2. Within twenty (20) days after this act becomes a law, the county board of each county of the state shall meet and ap- point two school electors from said county, and the county clerk shall certify the same to the county and state superintendents within five (5) days; and such two persons together with the county superintendent, shall constitute a committee of three to make such surveys and investigation as will determine an equitable ad- justment, of the boundaries of districts for high and consolidated schools of all such territory of said county. Such two persons shall hold office for four years from the date of their appointment. At the end of their terms the county board may again appoint two persons to serve for the same term. The county board shall fill all 13 14 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. vacancies. Within thirty (30) days after this act becomes a law, the state superintendent shall call a state conference of all said com- mittees for the discussion of the principles to he followed in the adjustment of school boundaries and locating school house sites. Each member of said committee shall attend said state conference if possible, and his necessary traveling and hotel expenses shall be paid by the county he represents. Within ten (10) days after the adjournment of said state conference, each county committee shall meet in the office of the county superintendent and proceed to plat and establish the school house site and boundary lines of the proposed districts within the county. If the best interests of the public school and surrounding com- munity, require that a district shall be composed of territory from adjoining counties, each said committee of said counties, shall hold a joint meeting and shall so arrange the boundaries of said dis- trict accordingly. Said joint district and each other district organ- ized under the provisions of this act shall receive its share of the state apportionment and other revenues due from each county. For such services said two persons appointed by the county board shall receive $5.00 a day for each day said committee is engaged in said work, and the county superintendent shall receive expenses, to be allowed and paid by the county board out of the county general fund. Sec. 3. In the adjustment of district boundaries, wherever practicable, the boundary shall be on the half -sect ion line. The standard districts shall contain twenty-five (25) square miles; provided that this section shall be construed to permit the es- tablishment of districts of more than twenty-five square miles, or less when deemed for the best interest of the several communities concerned. Sec. 4. Within ten (10) days after the report is completed and maps of the new district prepared, the county superintendent shall designate a time for a hearing at the county seat where any school elector may file objections to the plan as recommended. After said hearing said committee shall make such changes of said report and maps as said committee shall deem advisable, and shall transmit said final report and order to the county board within thirty days after the completion of the survey, who shall record the same in the minutes of their proceedings. After the filing of said report with the county board twenty-five per cent of the school electors of any such new district, may within forty days, file a written protest or appeal with the State Superin- tendent, against the establishment of the boundaries, and school- house site as fixed by said county committee. Upon receipt of such protest or appeal, the State Superintendent shall call a meeting in the office of the county superintendent of the county wherein com- plaint has been made, giving ten days' notice of the same to the ob- jectors, and to the members of the county committee whose work THE NEBRASKA SCHOOL LAWS 15 COMPILED BY K-B PRINTING CO., OMAHA. is sought to be affected, and shall send a member of his staff to in- vestigate such complaint, and be present at such meeting, at which hearing shall be had a detailed statement of the facts and condi- tions developed at said hearing and shall by such staff officer be reported in writing to the State Superintendent who shall then ap- prove the boundaries established by the county committee, or order a re-arrangement of such boundaries as in his judgment may seem best, and the county superintendent shall by proclamation declare all the boundaries as finally established by the county committee or by the State Superintendent in case of appeal, to be legally con- stituted boundaries and school house sites of the said proposed school districts. Sec. 5. At any time after the completion of said districting and the elapsing of the time for hearings and appeals, upon a petition of twenty-five per cent of the school electors living in any one of the proposed consolidated and high school districts, the county super- intendent shall order an election to be held in such proposed dis- trict, at such central place as he may designate and shall give at least twenty (20) days notice thereof required by law for holding school district elections. The voting shall be by printed ballot pro- vided by the county superintendent and the proposition shall be placed upon the ballots in substantially the following form: CU For the establishment of New District No. O Against the establishment of New District No. Ballots shall be cast in ballot boxes and the voting shall be under the direction and in charge of the board of trustees of the local school districts within which such election is being held. Said board of trustees shall make a list of all persons voting at said elec- tion, shall count the ballots and certify the returns within twenty- four hours to the county clerk who shall canvass the same as pro- vided by law for canvassing returns in general elections, and shall report the results to the county superintendent. If a majority of the votes cast in such proposed district shall be in favor of the estab- lishment thereof, the county superintendent shall declare the same duly established and all former district boundaries annulled. If a majority of such votes cast in such proposed district shall be against the establishment thereof, the provisions of this act shall not be effective in such proposed district. Provided, that another election shall not be held within twelve months. Sec. 6. If the election results are favorable to the establish- ment of said new school district, the county superintendent within ten (10) days thereafter, shall call a meeting of the electors as pro- vided by law for the organization of new districts; at said meeting the qualified electors shall proceed to elect a school board as pro- vided by law. The new district when organized shall be governed by all laws enacted for the government of schools, provided, that if the proposed new district contains an organized consolidated or 16 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. high school district, when a petition of not less than fifty-one (51%) per cent of the school electors in said new district residing outside of the existing organized consolidated or high school districts shall be filed with the county superintendent then he shall declare such territory to be so annexed, conditioned upon the approval of the board of education of said existing districts. Blank petitions for this purpose shall be furnished by the State Superintendent. Pro- vided, further, any parts or fragments of old districts which may be left outside of the boundaries of the new districts, in the adjust- ment and operation of this act shall be provided for by the district- ing committee, which may add temporarily such parts or frag- ments to other districts. Sec. 7. The Board of Education of every such district shall pro- vide for the transportation over established public highways of rural pupils. Said Board of Education is authorized to establish such rules and regulations as may be necessary to carry out the pro- visions of this act. Sec. 8. A consolidated district may be formed under the pro- visions of this act any time during the year. All consolidated districts organized in accordance with the pro- visions of this act and which are now or may be hereafter organized and which provide for comfortable transportation of pupils and maintain suitable grounds and a two-room school building and the necessary departments and equipment for teaching agriculture and home economics or other industrial and vocational subjects in addition to the regular course of study and employing teachers holding a certificate showing their qualifications to teach said sub- ject, and in which said subjects are provided as a part of the regular course in such instruction, shall be awarded and paid from the state treasury from moneys not otherwise appropriated, the sum of $100 toward the equipment required, and the further sum of $150 annually. All consolidated districts organized in accordance with the provisions of this act and which are now or may be hereafter organ- ized and which provide for comfortable transportation of pupils and maintain suitable grounds and a three-room building and the necessary department and equipment for teaching agriculture and home economics, or other suitable and vocational subjects in addi- tion to cite regular course of study, and employing teachers holding certificates showing their qualifications to teach said subjects and in which said subjects are provided as a part of the regular course in such schools, subject to the approval of the superintendent of public instruction, shall be awarded and paid from the state treas- ury, from moneys not otherwise appropriated, the sum of $150 toward the equipment required and the further sum of $200 annu- ally. All consolidated districts organized in accordance with the provisions of this act which are now or may be hereafter organized THE NEBRASKA SCHOOL LAWS 17 COMPILED BY K-B PRINTING CO., OMAHA. and which provided for comfortable transportation of pupils and maintain suitable grounds and a four or more room school building and the necessary equipment for teaching agriculture and home economics or other suitable and vocational subjects in addition to the regular course of study, and employing teachers holding cer- tificates showing their qualifications to teach said subjects, and which said subjects are provided as a part in the regular course in such schools, subject to the approval of the superintendent of pub- lic instruction, shall be awarded and paid from the state treasury, from moneys not otherwise appropriated the sum of $250 toward the equipment required and the further sum of $300 annually. Senate File No. 261, Session 1919. 6700 Section 1.* School and District Construed. The term school district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall be construed to mean a school under the jurisdiction of a school board authorized by this chapter. 6701 Sec. 2. District a body corporate. Every duly organized school district shall be a body corporate, and possess all the usual powers of a corpora- tion for public purposes, by the name and style of "school district number , of county," and in that name may sue and be sued, purchase, hold, and sell such personal and real estate as the law allows. See Sec. 60, article 3. No cause of action will accrue to school district, as a corpora- tion, against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of districts. 23 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205. 28 Id., 254. 30 Id., 363. 6702 Sec. 3. Division of counties. Each organized county not already divided into school districts, or any part of such counties not so divided, shall be divided by the county superintendent into as many school districts as may be necessary. 6703 Sec. 4. Formation of new districts. New districts may be formed from other organized districts, and boundaries of existing districts may be changed, under the following conditions only: First Discretion of county superintendent to create a new district. The county superintendent shall have discretionary power to create a new district from other organized districts upon a petition signed by one-third of the legal voters in each district affected. Second Discretion of county superintendent to change boundaries. The county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one-half of the legal voters in the district and in the territory proposed to be annexed; Provided, upon the peti- tion of any freeholder or freeholders to a Board consisting of the county *The secti9n numbers 1, 2, 3, etc., refer to sections in Chapter 71 (schools) of the Statute as revised and codified by the commission appointed for the purpose. 18 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. superintendent, county clerk and county treasurer, asking to have any land described therein set off from the district in which it is situated and attached to some other district, which petition shall show that the land therein de- scribed is owned by the petitioner or petitioners, and that the land joins the district to which it is to be attached; which petition shall also state the reasons for such proposed change, and no change shall be made unless it is shown that the territory proposed to be attached has children of school age residing thereon with their parents or guardians, that they are each more than two miles from the school house in their own district and at least one-half mile nearer to the school house in the adjoining district, said distance to be meas- ured by the shortest route possible upon section lines or traveled roads open to the public, and shall be verified by the oath of the petitioner or petitioners; the board may thereupon change the boundaries of the districts so as to set off the land described in the petition and attach it to such adjoining dis- trict as is called for in the petition whenever they shall deem it just and proper and for the best interest of the petitioner or petitioners so to do. Third Shall not refuse the petition of two-thirds. The county super- intendent shall not refuse to change the boundary line of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked to do so by petitions signed by two-thirds of the legal voters of the existing district and the territory proposed to be attached. A notice of the petition containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse. if there be one, in each district affected, or territory not organized into dis- tricts proposed to be attached to an existing district, at least ten days prior to the time of presenting the petition to the county superintendent, Provided, on January 2, 1910, any territory which is not then a part of any school district shall, by the county superintendent of the county in which such territory lies, either be organized into new districts or attached to one or more adjoining districts. Provided further, changes affecting cities hall be made upon the petition of the board of education of the district or districts affected. Fourth. Two districts made from one. Two districts may be made rom one by the county superintendent upon a petition from each district proposed signed by a majority of the voters in each district proposed. One district may be discontinued, and its territory attached to other adjoining districts, upon petition signed by one-half of the legal voters in each district affected. Fifth List of voters. A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of each district (or territory) affected, together with an oath of a resident of each district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county superin- tendent when the petition is presented. By legal voters herein is meant all who are legal voters at an election for school district officers. THE NEBRASKA SCHOOL LAWS 19 COMPILED BY K-B PRINTING CO., OMAHA. Sixth New district, when formed. No new district shall be formed between the first Tuesday of April and the first day of October. This does not apply to change of boundaries nor to consolidation of districts. Seventh Extent of district. No new district shall be formed con" taining less than four (4) sections of land, nor shall any district be reduced by division or otherwise so as to contain less than that amount, unless the district so formed, or the part of a district remaining after division, shall have an assessed valuation of property of not less than fifteen thousand ($15,000) dollars; Provided, when streams or water courses make it im- practicable to form districts containing four sections, then the county superintendent may form districts with less than four sections without regard to valuation. When streams of water make it impractible for children to attend school in their own district, the county superintendent shall have authority, and it shall be his duty, when requested by the parents or guardians of such children, to attach to adjoining districts such territory as he may deem necessary for the purpose of giving the children school privileges. When a district is reduced in size by the annexation of a part of its territory to a city district as provided by law, or when a portion of a district is cut off from school privileges by a river changing its channel, so that such part remain- ing after such annexation or the portion so cut off by change of a river channel shall contain less than two sections of land and fewer than twenty (20) persons of school age, the county superintendent shall have authority, and it shall be his duty to attach such remainder or portion to adjoining districts, provided this can be so done that no pupil in such remainder or portion shall be more than two and one-half miles from the nearest school- house in the district in which such pupil is so placed. Eighth Petitions filed. The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petition shall be prima facie evidence of the boundaries of districts; and all conflicting records of boundaries shall be made to correspond with the petitions so filed. 6704 Sec. 5. Notice by Superintendent. Whenever the county superintendent of any county shall form a new district, it shall be the duty of the superintendent to deliver to a taxable inhabitant of such district a notice in writing of the formation of such district, describing its boundaries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the super- intendent. The record should contain a minute detail of all proceedings in relation to the forma- tion of the new district and of the amount justly due the new from the old district out of which it may have been formed. 6 Neb., 545. 6705 Sec. 6. Notice to voters. The notice shall also direct such inhabitant to notify every qualified voter of such district, either person- ally or by leaving a written notice at his or her place of residence, of the time and place of holding such meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said disrtict accordingly. Every qualified voter should be notified; but a failure to notify one or more would not invalidate the action of the meeting unless fraud could be shown. (See section 8.) For defi- nition of "qualified voter," see sections 34 and 35, article 2. 20 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6706 Sec. 7. Return of notice. The inhabitant, when he shall have notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting. 6707 Sec. 8. Same record evidence. The chairman shall de- liver such notice and return to the director chosen at such meeting, as here- inafter provided, who shall record the same at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which records shall be prima facie evidence of the facts therein set forth and of the legality of all proceedings in the organiza- tion of the district prior to the first district meeting, but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county superintendent as evidence. 6708 Sec. 9. Division of district property indebtedness. When a new district is formed in whole or in part from one or more districts possessed of a schoolhouse or other property, the county superintendent, at the time of forming such new district, or as soon thereafter as may be, shall ascertain and determine the amount justly due to such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts with the whole value thereof at the time of such division, and the fact that the schoolhouse or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof; Provided, Such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted as hereinafter provided. The division of school districts and school property is one of the most important and delicate of the superintendent's duties, always to be performed with care and deliberation. The division of property should be made when the district is divided, or as soon as possible thereafter. Where there are debts, which must be paid by the old district, they should be taken into account in the division of property. The superintendent must use his best judg- ment in estimating the value of school property, keeping in mind that the law requires him to "ascertain and determine the amount justly due to the new district. Section 11 states clearly how this money is to reach the treasury of the new district. In applying sections 9 and 11 to the division of a district which is bonded, it must be remembered that the bonds are of the nature of a mortgage on all the land and property of the original district, and that this incumbrance cannot be removed from any part of it by the division. 54 Neb., .171. When the division of a district has been completed by a county superintendent, his uccessor cannot re-open and adjust it again; but a superintendent who finds out that he has made a seri9us mistake may correct such mistake within reasonable time. To divide a joint district the same formalities are requisite as in any other. A peti- tion should be presented to the superintendent of each county affected. Debts of a district cannot be divided and apportioned without the consent of creditors. After the division, the old district has no authority to use property or funds to which the new one is entitled. 4 Neb., 267. Where there is no finding or determination whatever bjr the superintendent as to property of any kind retained by a district out of which a new district was formed, his certificate to the county clerk, stating the amount of tax to be levied on the old district to be paid to the new when collected, is a nullity. 6 Neb., 539. Certifi- cate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Neb., 327. See also, 13 Id., 177. 17 Id., 177. 19 Id., 485. 6709 Sec. 10. Same bonded indebtedness. If the old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which the new district shall be entitled as aforesaid shall be apportioned so as to come THE NEBRASKA SCHOOL LAWS 21 COMPILED BY K-B PRINTING CO., OMAHA. due in installments proportionately at such times as the original indebted- ness shall become due to the creditors of the old district. 6710 Sec. 11. Same Collected. The amount of such propor- tion, when so ascertained and determined, shall be certified by the county superintendent to the county clerk, who shall present the amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the schoolhouse or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district. The action of the district is not required to levy the tax thus made necessary, and it is beyond its control. The county commissioners are the proper persons to levy it. The whole amount need not be levied at once, but may be put into two or more levies 6711 Sec. 12. Same payment. When collected, the amount shall be paid over to the treasurer of the new district, to be applied to the use thereof in the same manner, under the direction of its proper officers, as if such sum had been voted and raised by the district for building a schoolhouse or other district purposes. 6712 Sec. 13. Sale of property. Whenever, by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which such schoolhouse and site shall be located may, when ordered by the district, advertise and sell the same at public or private sale, and apportion the pro- ceeds; Provided, when sold at private sale the sale shall not be binding until approved by the district interested. P'or errors of judgment and mistakes in the performance of this onerous duty the super- ntendent is not pecuniarily responsible, unless there is evidence of fraud. The superintendent should take ample time and acquaint himself fully with the facts. 6713 Sec. 14. Division of proceeds. The money arising from the sale of schoolhouse and site, or otherwise, except teachers' fund shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division. 6714 Sec. 15. Division of teachers' fund. Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the num- ber of pupils in each district at the time of such division. The money desig- nated in this and the preceding section shall be divided at once, and not in the manner provided in the fourth next preceding section. Money on hand when a district is divided is to be treated as follows: The teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15; that is, in proportion to the number of children in the district at the time of divi- sion. The remaining funds (both in county and district treasury) will be divided according to section 14; that is, in proportion to the taxable property of the districts concerned. When a county superintendent has ordered money paid by one district to another, and the district neglects or refuses to pay it, the treasurer of the district to which the money is due may apply to the court for a mandamus to compel the officers of the delinquent dis- trict to pay the money. 6715 Sec. 16. Floating indebtedness. Whenever a new district shall be organized from the territory of a former district, and there shall be any indebtedness of such former district which shall not be bonded, such 22 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. unbonded indebtedness shall be taken into account in estimating the sum due from the old to the new district on account of schoolhouse or other prop- erty, and the new district shall be entitled to only the value of its propor- tionate share of the property after deducting its like share of the indebted- ness. Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. 51 Neb. 1. 6716 Sec. 17. Report change in district map. Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer by the county superintendent; and the county superintendent shall keep in the office of the county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county superin- tendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said notification, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school dis- trict, shall, when collected, be placed to the credit of the district to which such property has been transferred. 6717 Sec. 18. Unsatisfactory division of property. Whenever a dig- trict is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final. 6718 Sec. 19. Arbitration. The manner of proceeding shall be substantially as follows: The district desiring an arbitration shall make a demand in writing of the county superintendent within ten days after the superintendent has made his award. The county superintendent shall notify the other district or districts, and direct them to choose arbitrators. The county superintendent shall appoint a time and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue according to justice and right, taking all the circumstances into consideration. 6719 Sec. 20. Award final. The award of arbitrators shall be in writ- ing and shall be filed with the county superintendent, and shall be final; Pro- vided, if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid. 6720 Sec. 21. Arbitrators' fees. The fees of such arbitrators shall be as follows: Each person engaged as arbitrator shall receive two dollars per day during the time necessarily occupied, to be paid equally by the districts. 6721 Sec. 22. District in two counties. When persons living in two or more counties desire to form a school district, it shall be the duty of the superintendents of the respective counties to authorize the persons to organize such district, and the reports contemplated in this chapter shall be THE NEBRASKA SCHOOL LAWS 23 COMPILED BY K-B PRINTING CO., OMAHA. made to the superintendents of each county, parts of which form the district, of such property or children as may be within the limits of each such organized county. 6722 Sec. 23. Depopulated districts. In case the number of legal voters in any district becomes less than three, the county superintendent shall act as the third officer of such district. 6723 Sec. 24. Same annexation to adjoining districts. When for a continuous period of one year a district shall have less than two legal voters residing therein, the county superintendent may, in his discretion, annex the the district to one or more adjoining districts, upon petitions signed by a majority of the legal voters of such adjoining district or districts; Provided, if any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the county superintendent of the county in which such district lies, to attach the territory of such district to one or more adjoining school districts. 6724 Sec. 25. Closing up affairs of same. When for a continuous period of one year a district shall have less than two legal voters residing therein, who for a period of two consecutive years shall fail or neglect to maintain its district organization, it shall be lawful, upon a petition being presented for that purpose by the resident voter of said district, or by the county superintendent of the county in which the district is situated, for any court of competent jurisdiction of such county to authorize the county superintendent of the county in which such district is located to close up the affairs of said district. Twenty days previous to any action on the part of the county superintendent notice of such action on the part of the court shall be made public in some legal newspaper circulating in such county. The said county superintendent thus authorized shall have power, and it shall be his duty to take possession of all -school property belonging to such district. If there be funds belonging to the district in the hands of the county treasurer, the county superintendent shall proceed to pay off the indebtedness of the district, issuing orders upon the county treasurer for the payment of such indebtedness. If there be no funds in the hands of the county treasurer to the credit of the district, the county superintendent shall, on order of the court, advertise and sell at public auction the school property of said district, placing the money thus obtained in the hands of the county tresaurer to the credit of the aforesaid district, and issue orders upon it as above. 6725 Sec. 26. Debts taxes. If any indebtedness still remain un- paid, the county board of the county shall determine the rate of taxation necessary to pay such indebtedness, and shall cause such taxes to be levied upon all property in the district and collected as other taxes. 6726 Sec. 27. Superintendent bond. Before entering upon such duties, the county superintendent shall execute a good and sufficient bond to the people of the State of Nebraska, to be approved by the judge of the court, in double the amount of the value of all property which in the opinion of the court shall be entrusted to his care. 6727 Sec. 28. Same report. It shall be the duty of the county superintendent to file an itemized report in said court, showing the disposition 24 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of all property and money received by him in the transaction, and such report shall be a part of the official records of the court. 6728 Sec. 29. Same compensation. For performing the duties hereby imposed, it shall be lawful for the court to award to the county super- intendent such compensation as in its judgement shall be just and right; and such amount and costs of court shall be a claim against the district. 6729 Sec. 30. Districts containing three or less sections of land. When any school district has only three sections .of land or less than three sec- tions of land the county superintendent, county clerk and county board shall have authority and it shall be their duty, upon petition of the district board or board of education of such school district, to make such changes in the bound- aries of such district and of any or all districts continguous thereto as in their judgment will be just and equitable. Sec. 30a. Districts containing less thansix sections qf land. That when any school district, whigJ^namtaiMT a gimiecn sMuxmof^ not less than ten r'cgulfir rraijps*^iomaYaB ^ss^haj^six fcctiore^la||d, 1e county superin- t Q n H Q n t M^^y* f f ^^kfc P^ < ! I fln v j**W^ Ipall^hMV e ^uflutfff v . land it shall be their ^'KipT^* pV^B 1 ^ jfro^li^tri^. l^arfr or board of education of such school jKw^sJ^W^rifnte such changes in the boundaries of said district and of all districts contiguous thereto as, in their judgment, will be just and equitable. ARTICLE II. DISTRICT MEETINGS. SECTION 6730. Annual Meeting. 6731. Special meetings. 6732. Notice of meetings. 6733. Qualification of voters. 6734. Challenge oath. 6735. Perjury. 6736. Challenge to viva voce vote. 6737. Adjournment change of site. 6738. When superintendent shall fix site. 6739. Purchase or lease of site or schoolhouse tax. 6740. Estimate and levy for general school purposes. SECTION 6741. Joint district certificate of valuation. 6742. Joint district levy 6743. Tax for legal purposes. 6744. Same how expended. 6745. Time school taught. 6746. Sale of property. 6747. Suits, district interested in. 6748. Procedure where district fails to provide for school. 6749. Five months school. 6750. State aid to weak districts. 6751. Superintendent apportion to severa districts. 6730 Sec. 31. Annual meeting. The annual school meeting of each school district shall be held at the schoolhouse, if there be one, or at some other suitable place within the district, on the second Monday of June of each year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July, and the school year shall commence with that day. No authority to adjourn election. 15 Neb., 447. Cited 33 Id., 335. See, also, 32, Id., 370. 6731 Sec. 32. Special meetings. Special meetings may be called by the district board, or any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding THE NEBRASKA SCHOOL LAWS 25 COMPILED BY K-B PRINTING CO., OMAHA. section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings except such as is mentioned in the call. Upon the presentation of a petition signed by five legal voters of the district, the^ board, at their discretion, or any member of the board, may call a special meeting by posting the proper notices. However, it is not obligatory upon the members of the board to call such a meeting. A special school district meeting has no authority to determine the length of school to be held in the district the ensuing year, nor to determine at what time in the year such term hall be held. The legal action of the annual meeting upon these subjects i final. In case a district has no school officers, the county superintendent should call a special meeting for the election of school officers upon the petition of five legal voters of said district. In case there are not five legal voters in said district, then every legal voter should sign the peti- tion for a special meeting. If said voters should refuse to sign such petition, then the county superintendent should apply to the district court for a writ of mandamus to compel such voters to make legal provision for school in such district. A majority of the legal voters of a district, at a special meeting, may re-consider their previous action at a special meeting. Questions which can be determined only at an annual meeting cannot be changed at a special meeting. No business can be transacted at a special district meeting except that specified in the call for said meeting; but the fact of doing business not mentioned in the call does not invali- date action with reference to business which was specified in the call. The names of the five persons who made the request for the call should be recorded in the minutes. The district officers may constitute three of the five. When a special meeting adjourns to another time, new notices should be put up; but a failure to do this would not ren- der the adjourned meeting illegal. An annual or special meeting held in the evening (after night) would not be illegal. One copy of the notice of school district meetings should be posted upon the schoolhouse door. 6732 Sec. 33. Notice of meetings. All notices of annual or special meetings, after the first meeting has been held as hereinbefore provided, shall state the day, hour and place of meeting, which place shall be within the district, and shall be given at least fifteen days previous to such meeting, by posting up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice. No schoolhouse site shall be changed nor taxes voted for building, purchase or lease of a schoolhouse at any district meeting unless notices shall have been given of such meeting as above provided, including therein the fact that such subjects will then be considered. The official certificate of the director of a school district that notice of a certain special school meeting held in said district was given by posting up notices of said meeting twenty days before the holding thereof, in three of the most public places in said district, which cer- tificate was introduced and received in evidence under a stipulation of parties, in which it was recited that such "stipulation is for the purpose of using the same as testimony, instead of the plaintiff or defendant being obliged to take depositions to prove the same," held, to be evi- dence of the due publication of the notice of the calling of such special school meeting. 21 Neb., 725. 6733 Sec. 34. Qualifications of voters. Every citizen of the United States, male or female, who has resided in the district forty days and is twenty-one years old and who owns real property or personal prop- erty that was assessed in the district in his or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meeting or school election held in any district, village, or city; Provided, all electors at school elections held in cities where registration of voters is required shall comply with the pro- visions of such registration law before they shall be entitled to vote.^Sen- ate File" No. 49, Session 1919. *A person who owned property in a school district on April 1 preceding the election, which property was subject to assessment, has the property qualification for a voter at school election. *The decisions under section 34 are decisions which apply to all school districts. 26 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Penalty for illegal voting. This act provided that any person who shall vote in any schoo 1 district in this state in which he has not actually resided ten days, or such length of time as required by law, next preceding the election, or into which he shall have come for temporary purposes merely, shall, on conviction thereof, be fined in any sum not less than twenty-five ($25) dollars or more than one hundred ($100) dollars, or be imprisoned in the jail of the proper county not more than six months. Any person who has resided in the district forty days and is twenty-one years old, and who owns personal property that was assessed in the district in his or her own name at the last annual assessment, is entitled to vote at any district meeting. The law places no limit as to the amount of taxable property necessary to entitle the holder to vote. The chairman of the meeting has no right to demand the production of tax receipts by persons offering to vote. The ownership of real property, which confers the right to vote at a district meeting, must be an actual and present ownership such as would entitle the voter to the use and con- trol of the property in question. A prospective or contingent right, like that of dower or curtesy, would not constitute such ownership as this statute requires. Important recent decisions of our supreme court declare the right of dower to be a "charge or incumbrance" upon the property, similar in its effect to a mortgage or lien. This, however, would n9t en- title the holder of such a right to be considered as a voter, any more than would the holding of a mortgage confer such a right upon the mortgagee. Therefore, a wife who has no children of school age and owns no real property in her own name and no personal property assessed in her name at the last annual assassment, would not become a legal vpter by virtue of her husband's 9wnership of such property, although she possesses the requisite qualifications of age and residence; nor would the husband become a voter simply by virtue of his wife's owner- ship of such property. The courts have repeatedly held that a homesteader is a "freeholder" within the mean- ing of that term as used elsewhere in the statutes. This clearly implies ownership of the land such as would entitle him to vote at an annual meeting under the statutory provision em- braced in the words "who owns real property in the district." A young lady twenty-one years of age who holds a homestead is a voter at the annual meeting. The homesteader votes in the district of his homestead, and not in the district in which he may be temporarily working. "Any person who shall vote in any school district in this state in which he has not legally resided ten days, or such length of time as required by law, next preceding the election, or into which he shall have come for temporary purposes merely, shall, upon conviction thereof, be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the jail of the proper county not more than six months." Section 7846, Crim- inal Code, Compiled Statutes of Nebraska for 1903. A person living in unorganized territory has no vote at school meetings in any district by reason of having property in said district. Residence is one of the qualifications neces- sary to be a voter. A person having all the necessary qualifications to vote at an annual school district meeting may not be debarred from voting from the fact that he was not in the district the prescribed number of days just preceding the election, when it was known that he was out of the district temporarily and that his permanent home is in the district. Section 6427 confers upon women having the necessary qualifications the right to vote at any school district meeting or school election held in any district, village or city. This statute also confers upon women possessing such qualifications the right to vote at primaries held in cities for the nomination of members of boards of education. To acquire a domicile or residence in a school district, two things are necessary: the fact pf a residence in a place, and the intent to make it a home. A domicile or residence once acquired remains until a new one is acquired. Mere intention to remove without the fact of removing will not change the domicile; nor will the fact of removal without the intention to change the residence. A person once established in any place, the presumption of resi- dence continues unless rebutted, and the burden of proof is upon the party alleging the same. In general, where a man lives or claims his home, and where he enjoys the privilege of a resident citizen, may be considered his place of residence. In all cases a man must prove his intention as to the place of his residence; if he removes his family and goods from the dis- trict, and it can be proved that he intends to claim his residence in some other place, he is no longer a resident of the district. A homesteader can have no residence except in the dis- trict in which his homestead is located. Justice Maxwell says: "That place will be con- sidered the residence of the person in which his habitation is fixed, without any present inten- tion of removing therefrom, and to which, whenever he is absent he has the intention of returning." Women may vote and hold office in school districts. 15 Neb. 477. 6734 Sec. 35. Challenge oath. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district, the chairman presiding at such meeting shall declare to the per- son challenged the qualifications of a voter, and if such person shall state that he or she is qualified, and the challenge shall not be withdrawn, the said chair- man shall administer to him or her an oath in substance as follows: "You do solemnly swear (or affirm) that you are twenty-one years of age, that you THE NEBRASKA SCHOOL LAWS 27 COMPILED BY K-B PRINTING CO., OMAHA. resided in this school district for forty days last past, that you own real property in the district, or personal property that was assessed in your name at the last assessment or have children of school age residing in the district, so help you God." And every person taking such oath shall be permitted to vote on all questions proposed at such meeting. 6735 Sec. 36. Perjury. If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall wilfully take a false oath, or make a false affirmation under the provi- sions of the preceding section shall be deemed guilty of perjury, and be pun- ished accordingly. 6736 Sec. 37. Challenge to viva voce vote. When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner. 6737 Sec. 38. Adjournment change of site. The qualified voters in the school district, when lawfully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a schoolhouse, by a vote of two-thirds of those present, and to change the same by a similar vote at any annual meeting; Provided, That in any school district where the schoolhouse is located three-fourths of one mile or more from the center of such district, such school house site may be changed to a point nearer the cen- ter of the district by a majority vote of those present at any such school meeting; and, provided, further, That in any school district containing more than one hundred and fifty children between the ages of five and twenty-one years and having a district board of six trustees, the school house site therein may be changed and the purchasing of a new site directed, either or both, at any annual or special meeting, by a two-thirds vote of those present at any such meeting. When a school district has held open, notorious, and adverse possession of a certain schoolhouse site for a period of ten years or more, there is no doubt that such site is the legal site of the district. The phrase "designate a schoolhouse site," has reference to the first location of a school- house site in a newly organized district. The county superintendent's authority to deter- mine where such site shall be established, when no site can be determined upon by the voters of the district, has reference also to the first location of a schoolhouse site in a newly organ- ized district. The county superintendent has no authority to determine the schoolhouse site when it has once been established. Neither is there any authority for adjourning the annual meeting for the purpose of changing the site when once established. The literal and legal schoolhouse site is the place actually occupied by the schoolhouse. All distances relative to site and transfers are measured from the schoolhouse. Therefore, a moving of the schoolhouse to a different part of the school grounds is a change of the site and can be done only under the provisions of section 38, article 2. The "three-fourths of a mile" mentioned in the proviso in this section should be meas- ured on a straight line joining the schoolhouse and the geographical center of the district. Cited Wilber vs. Wooley, 44 Neb., 739 (62 N. W. Reporter, 1095). Purchase or lease. Neb.,438. By act of Congress (March 3, 1873), it was enacted that a person occupying a home- stead or pre-emption shall have the right to transfer by warranty, against his own acts any part of his homestead or pre-emption for a site for a schoolhouse; and this shall not vitiate his title. 6738 Sec. 39. When superintendent shall fix site. When no site can be established by such inhabitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his determination shall be certified to the director of the district, and shall be final, except that such decision may be changed by the county 28 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. superintendent on a written request of two-thirds of the qualified voters of the district. 6739 Sec. 40. Purchase or lease of site or school house tax. The qualified voters shall also have power, at any annual or special meeting, to direct the purchasing or leasing of any appropriate site, and the building, hir- ing, or purchasing of a schoolhouse, and the amount necessary to be expended the succeeding year, and to vote a tax on the property of the district for the payment of the same. If a school district fails to have the lease for its sehoolhouse site recorded, and a deed is given to another party for land containing said site, the lease the district has from the first pwner is no longer in force. It is necessary to secure a lease from the present owner and have Contracts for the erection of schoolhouses should be made with reference to funds on hand. 4 Neb., 360. The board cannot bind the district by an increased expenditure beyond the amount authorized by the district. 10 Neb., 242. Cited 32 Id., 354. Building committee. 45 Neb., 239. Building contracts. 51 Neb., 237. 51 Id., 740. 6740 Sec. 41. Estimate and levy for general school purposes. That trustees of each school district within the state of Nebraska shall, prior to the annual school district meeting in each year, as provided by law, prepare an estimate showing the amount of money required for the maintenance of schools during the coming school year, shall determine the amount of money required for school maintenance during the coming school year, which shall be an amount sufficient to maintain a school in the manner and for the time provided in section 5440 (11545) of the act, and the amount of money so required shall be levied as a tax upon all of the taxable property of the school district; Provided, That in districts having four children or less of school age, the amount levied shall not exceed the sum of four hundred ($400.00) dollars in any year; and in districts having more than four and less than six- teen children of school age, the levy shall not exceed the sum of fifty ($50.00) dollars per child in addition to the above. The amount of money so voted as being necessary for the maintenance of the school for the coming year shall be certified by the district school board to the county clerk of the county in which said school district is located, and said amount shall be levied by the county board on the assessed value of the school district, and be collected as other taxes; Provided, that the amount so levied shall not exceed in any one year three and one-half ($3.50) dollars on the one hundred dollar valua- tion as assessed and equalized. The district court may issue an order on the county board to make the necessary levy for the satisfaction of a judgment against a school district; and when the taxes derived from such special levy are paid into the county treasury it is the duty of the county treasurer, under the direction of the board of county commissioners, to pay the same into court for the satis- faction of said judgment claim. The district voters have nothing whatever to do with this claim, nor should it be paid out of moneys derived from taxes voted at the annual meeting. The annual meeting votes the tax, the county board or clerk levies it. Cited 4 Neb.> 307. Hid., 360. 12 Id, 255. 9 Id., 331. Unauthorized levy. 19 Id., 485. 6741 Sec. 42. Joint district certificate of valuation. It shall be the duty of the county clerk of any county in which a fractional part of a joint school district is located, on or before the 15th day of June of each year, to certify the assessed valuation of all taxable property of such fractional part of said joint school district to the clerk of the county in which the school house of said district is located. 6742 Sec. 43. Joint district levy. The county board of the county in which is located the school house of any joint school district, acting in THE NEBRASKA SCHOOL LAWS 29 COMPILED BY K-B PRINTING CO., OMAHA. pursuance of section 11540 of Cobbey's Annotated Statutes of Nebraska for 1911, shall make a levy for said school district, as may be necessary, and the county clerk of said county shall certify said levy on or before September 1st in each year, to the county clerk of each county in which is situated any por- tion of said joint school district. 6743 Sec. 44. Tax for building purposes. The legal voters may also, at any annual or special meeting, determine the number of mills, not exceeding ten mills on the dollar of the assessed valuation, which shall be expended for the building or building an addition thereto, purchase, or lease of schoolhouse, in said district, when there are no bonds voted for such purpose, which amount shall be reported, levied and collected as in the pre- ceding section: Provided, that upon petition of one-fourth of the legal voters of such district to the trustees at least twenty days before time of annual or special meeting, praying that the question of voting a tax to create a special fund for the erection of a school house in said district be submitted to the qualified voters at such annual or special meeting, the trustees shall include such question in the posted notices of business to be considered at such annual or special meeting. Said petition shall definitely state the whole question to be submitted, including the sum desired to be raised or the amount of tax so levied, the period of years and the whole regulation, including the time of its taking effect or having operation. And if a majority of the qualified electors at such meeting vote in favor thereof, the record of the meeting shall be certified to the county board, which, upon being satisfied that all the requirements have been substan- tially complied with, shall cause the proceedings to be entered upon the record of the county board and shall make an order that the levy be made in accordance therewith and collected as other taxes. The provisions of sections 75, 76, 77 and 78 of chapter 8 of the Revised Statutes of 1913 re- lating to special funds for erection of court houses shall apply so far as practicable to the procedure under this section, the school board of dis- trict trustees having power to contract for the erection of the proposed building under the same restriction as the county board in case of the erec- tion of a court house and any residue of such tax going into the school dis- trict general fund; Provided further, the amount of such special tax so levied shall not exceed ten mills on the dollar valuation above the amount allowed by law for general school purposes and the total amount voted for the period of years shall not exceed ten per cent of the assessed valuation of the school district: Provided further, if a majority of the qualified elec- tors vote in favor thereof, the school board may at once proceed to carry out the purpose of the levy as provided in the petition, and to do so, are hereby authorized to issue warrants, as needed, not to exceed eighty-five per cent of the amount raised by the levy, against the fund voted, and the interest on any such warrants shall be paid annually. House Roll No. 2C7. Session 1919. Emergency. '^'4 Sec. 45. Same how expended. The tax levied and collected, as provided by the preceding section, shall be expended under the direc- tion of the district made at the annual meeting, or in the absence of such direction, then such tax shall be expended as the district board of the dis- trict may direct. Money remaining in the treasury after the purpose for 30 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district, at any district meeting. Certain sections of chapter 79, Compiled Statutes, 1895, entitled "Schools" construed and held, (1) That the electors of a school district, and they alone at their regular annual meet- ing, or at a special meeting called for such purpose, have power to direct the building of a schoolhouse; (2) that the district board of a school district has no power or authority of law to appropriate the funds of a school district to the erection of a schoolhouse, unless first author- ized so to do by a vote of the electors of such school district; (3) that when a school district owns a schoolhouse site and has the money in its treasury sufficient to build a schoolhouse, which money was raised for that purpose, the electors of such school district, at any regular annual meeting, or at a special meeting called for that purpose, may direct the building of a school- house on the school site, and that such school building be paid for out of the funds on hand for that purpose; (4) that the electors at such meeting may designate the school board to act as the agent of the district to superintend the construction of such schoolhouse; (5) that if no one is designated by the electprs of the school district to superintend the construction of the school building directed to be built, then the school board of such district has authority to make con- tracts and superintend the erection of the school building ordered: (6) that the electors of a school district are not obliged to select the members of the school board as agents to superin- tend the construction of a building ordered to be built, but may select such persons as in their judgment, will best subserve the interests of the school district. 45 Neb., 239. Moneys derived from state funds and apportioned by county superintendent, can be legally used for no purpose except to pay teachers' wages. School officers who use any part of such funds for any other purpose become personally responsible to the district for the amount thus used, and are liable to be prosecuted for malfeasance in office. As regards money raised by district tax: (1) When the district has directed the manner in which this tax shall be ex- pended, the officers are bound to follow such direction. The fact that the district at a meet- ing voted a tax for a particular purpose is held to be "direction" as regards the money derived from that specific part of the tax. (2) When the district has not specified any particulars in voting the tax, nor directed the board in any manner as to the disbursements of the school funds, then the district officers may pay out the funds as called for, and at their discretion (except the state apportionment as mentioned above). When money has been raised for build- ing purposes, or any other specific purpose, and has not been expended, the district at any meeting may transfer such money to any other fund. The building fund cannot be lagally transferred to the teachers' fund as long as there are debts due against the district for build- ing expenses. Funds derived from the state cannot be legally transferred from the teachers' fund in any manner whatever. (See last part of aection 1, subdivision XI, and last clause of section 5, article VIII, of the constitution). The directon spoken of in this section is general, and not special; it cannot descend to all the details of school management. Cited 9 Neb., 331. 19 Id., 562. 32 Id., 354. 6745 Sec. 46. Time school taught. They also determine at each annual meeting the length of time a school shall be taught in the district in the ensuing year, which shall not be less than four months by a legally quali- fied teacher in a district having less than twenty pupils of school age, nor less than eight months in districts having between twenty and seventy-five pupils inclusive, nor less than nine months in districts having more than seventy-five pupils; Provided, school shall be taught in every such dis- trict for at least eight months in the year when same can be supported by a levy of fifteen mills on the dollar valuation in such school district, when supplemented by the district apportionment from the state school fund, and for at least seven months in the year when the same can be supported by a similar levy of twenty mills supplemented as above. They may also determine and instruct the district officers as to the different lengths of the terms of school and seasons of the year in which the same shall be taught and the district officers shall see that school is actually taught therein by a licensed teacher in conformity to such instructions and for not less than the length of time herein required. No district shall receive any portion of the state funds unless school shall have been actually taught therein for the length of time required by this act; provided, in case of epidemic sickness prevailing to such an extent that the school board in any district shall deem it advisable to close any or all schools within the district, or if on account of the destruction of the school house it shall be im- possible to continue the school, such closing of the school shall not prevent it THE NEBRASKA SCHOOL LAWS 31 COMPILED BY K-B PRINTING CO., OMAHA. from drawing its proper share of the state apportionment. Such sickness or destruction of school house shall be sworn to by the district board and the oath filed with the county superintendent within ten days after the annual school meeting: Provided, further, that no district shall be deprived of its proportionate share of the state school funds when it shall appear by the affidavit of the district board to be made and filed, as aforesaid, that the dis- trict has in good faith raised and expended the maximum tax allowed by law and the funds raised have been insufficient to maintain a school for the time herein provided. (House Roll 368, Session 1917.) It is not within the authority of the annual meeting to determine the wages to be paid to a teacher; the school board is the proper authority to fix the teachers' wages. Neither can the annual meeting determine whether the teacher shall be male or female. The things mentioned in section 14 must be determined at the annual meeting, and if not then determined must be left to the board. The penalty which the law inflicts upon a district for not keeping up schools is the for- feiture of the next year's apportionment. It is the duty of the county superintendent to see that no district in his county receives credit for school taught by one who does not hold a valid certificate. If a district, at the annual meeting, leave the length of the term of school to the dis- cretion of the school board, it can be compelled to make good the reasonable contracts entered into by the board. 6746 Sec. 47. Sale of property. The qualified voters shall also, at any annual or special meeting, authorize and direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the district when the same shall no longer be needed for the use of the district; and when real estate is sold the district may convey the same by deed, signed by the moderator of the district, and ouch deed, when acknowl- edged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds. A school district board cannot legallyi-sell a schoolhhouse or site without being directed to do so by the legal voters at a district meeting. When the district has so authorized them by a two-thirds vote it would seem proper for the board to advertise and sell the same to the highest bidder. 6747 Sec. 48. Suits, districts interested in. They may also give such directions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any proceeding in which the district may be a party or interested. 6748 Sec. 49. Procedure where district fails to provide school. Where no levy is voted at the annual school district meeting, or where the dis- trict votes to have no school, or where no action is taken by the annual meet- ing to provide for school, it shall be the duty of the county superintendent of the proper county to make and deliver to the county clerk of such county in which any part of the district is situated not later than the first Monday in August following the annual meeting an itemized estimate of the amounts nec- essary to be expended during the ensuing year for school purposes in such district. It shall be the duty of the county clerk to levy such taxes on the tax- able property of the district, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid to the treasurer of the proper district on the order of the director countersigned by the moderator of the district. 6749 Sec. 50. Seven months school. For the purpose of providing at least seven months school each year in the first eight grades for all the youth 32 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of this state whose parents or guardians live in public school districts whose funds are not sufficient to maintain school for at least seven months, there shall be paid to each district by the state treasurer such an amount as is necessary to enable such district to maintain seven months of school with a legally qualified teacher; Provided, that no state aid shall be given any pub- lic school district unless there has been levied the maximum tax levy allowed by law and until the accounts of such district are audited and approved by the county superintendent of the proper county. And provided further, that no district containing less than twelve sections of land shall receive any aid under the provisions of this act. And provided further, that where a district maintains more than one separate rural school there shall be paid to such district for each schbol maintained such amount as is necessary to enable the district to maintain seven months of school with a legally qualified teacher in each such school; Provided, that no district maintaining more than one rural school shall receive a share of apportionment for any school maintained in and for a division of territory less than twelve square miles; Provided, further, that no district formed after the passage of this act, containing less than twenty square miles shall receive state aid under this act. Funds de- rived from this appropriation can be applied only in payment of teachers' warrants for the current year. Provided further, that where a district con- tains less than twelve sections of land and has voted the maximum levy in accordance with the statutes, the state superintendent of public instruction may, with the consent and advice of the county superintendent, arrange for the schooling of the children in said district for the period of seven months or pro rata in accordance with section 11551. Sec. 11551. If the amount available is not sufficient to pay the full sum to which each district is entitled under the provisions of this act, it shall be divided pro rata among the several school districts entitled thereto in proportion to the amounts asked for by the county superintendents; Provided further, that where topographical con- ditions make consolidation impossible the state superintendent of public instruction may at his discretion award aid to districts containing less than twelve sections. 6750 Sec. 51. State aid to weak districts. It shall be the duty of the county superintendent of the proper county on or before the second Monday in October of each year to certify, under oath, to the state superintendent of public instruction the number of districts entitled to state aid under the pro- visions of the next preceding section, the amount each should receive and such other items as may be required by the state superintendent of public instruc- tion. It shall be the duty of the state superintendent of public instruction on or before the last Monday in December of each year, to certify the amounts of state aid due the several districts under the provisions of the next preceding and next following sections, to the several county superintendents and the amounts due the several counties to the state auditor, who shall draw warrants on the state treasurer in favor of the various counties for the sums so specified by the state superintendent of public instruction. The state treasurer shall remit said amounts to the county treasurer of the several counties who shall place it to the credit of the proper districts of their counties in accordance with the instructions of the state superintendent as certified to by the county superintendents thereof. tHE NEBRASKA SCHOOL LAWS ;w COMPILED BY K-B PRINTING CO., OMAHA. 6751 SVt 52. Superintendent apportion to several districts how. To determine the amount to be apportioned to each district, the county superintendent shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that district from all sources for the same year. The estimated income for the current year shall be the sum of all moneys belonging to the district on hand in the district and county treasuries, plus the maximum amount that can be raised by taxation, plus the estimated apportionment of state school funds. If said district will not receive any apportionment of money from the state school fund, then said apportionment shall not be considered in estimating the in- come for the current year. The estimated expenditures for the current year shall be the amount necessary to maintain the school seven months, said estimate not to exceed three hundred and eighty-five ($385) dollars. ARTICLE III. DISTRICT OFFICERS. SECTION 6752. Election. 6753. New District. 6754. Acceptance within ten days. 6755. District deemed organized when. 6756. Failure to organize. 6757. When appointed by superintendent. SECTION 6758. Organization in such case. 6759. Organizaion presumed. 6760. Vacancy. 6761. Officer not be employed as teacher- exception. 6762. Disputed accounts. 6752 Sec. 53. Election. The qualified voters of every new dis- trict, when assembled pursuant to legal notice, and all existing districts at their annual meetings, shall elect by ballot, from the qualified voters of such district, a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices until their successors are elected or appointed and qualified; Provided, officers of existing organized districts shall continue and discharge the duties of their several offices until the expiration of the same. One who is not a resident of a school district is not eligible to any district office therein" All the qualifications necessary for a school district officer is that he be a legal voter in the chool district. In case a person assumes under color of right, a school district office, and performs the duties of such office, being permitted by the district in the discharge of such duties, he is a de facto officer so long as he is permitted to act in that capacity, and his acts as such officer are binding upon the district. Section 53, article 3, of the School Laws provides that school district officers shall be elected by ballot. However, in case, by the proper motion being carried, the secretary 34 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. or clerk is instructed to cast the ballot of the meeting for an officer, it would be construed to be an election by ballot within the meaning of the section just referred to. A plurality vote elects, that is, the one receiving the highest number of votes cast is elected. The school law makes no provision for casting lots in case of a tie vote on member o^ a school board, and it is not a legal process of selecting an officer. Another ballot should be taken. Where a district officer is elected by acclamation for the full term at the annual meet' ing and has performed the duties of his office for a time extending beyond the next annual election, he is entitled to the office the full term for which he was elected. District officers must be elected by ballot. No authority to adjourn annual meeting for the election of officers. 15 Neb., 444. 6753 Sec. 54. New district. When a new district is organized and the officers elected at any other time than at the annual meeting, the time intervening between the date of organization and the beginning of the next school year shall constitute the first year in the term of such officers. 6754 Sec. 55. Acceptance within ten days. Within ten days after their election, these several officers shall file with the director a written accept- ance of the offices to which they shall have been respectively elected, which shall be recorded by the director. In a primary (common) school district the failure of an officer-elect to file hia accept- ance within ten days after the annual meeting does not forfeit his office. His entrance upon the discharge of the duties of the office is sufficient. The filing of a bond by the treasurer- elect is held to be sufficient acceptance. It is not necessary that the directorof a primary (common) school district take the oath of office. His filing an acceptance and assuming the duties of the office are all the necessary steps. When a person elected to a school district fails to qualify, the old officer holds over till his successor is elected or appointed and qualified, unless the old officer holds his office by appointment. In such case there is a vacancy and the vacancy may be filled by appoint- ment of the board, or at an election at a special meeting called for that purpose. When a district voter is legally elected at an annual meeting to a school district office, and files his acceptance within ten days after such election, he ia entitled to possession of the books and papers belonging to such office on the second Monday of July following his election; and any dispute that may arise between him and his predecessor is no ground for the remain- ing members of the board to declare the office vacant. It is the duty of the outgoing officer to turn over to his successor the official papers, records, etc., pertaining to his office. The newly elected director should file his acceptance with his predecessor, or, if he had none, it should be written out and kept with the papers in his office. An officer elected or appointed should not fail to file a written acceptance with the director; a verbal acceptance is not enough, but it is heid that the entrance upon And the dis- charge of the duties of the office is a sufficient acceptance. The filing of his bond by the treas- urer-elect is held to be the same in effect as a formal written acceptance. See 30 Neb., 360. 6755 Sec. 56. District deemed organized when. Every such school district shall be deemed duly organized when any two of the officers, elected at the first meeting, shall have filed their acceptance as aforesaid. In organizing a new district, great care should be taken to have all the steps legal, and to preserve full, clear, and accurate record of all the proceedings, since, during the first year after the district is organized, any charge of illegality in its formation must be met by refer- ence to the records of its organization, and by section 8, article 1, such records are made pnma facie evidence of the facts therein set forth. But after a district has been transacting regular business for a year, according to section 60, article 3 it is then held to be a legal district. 6756 Sec. 57. Failure to organize. In case the inhabitants of any dis- trict shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner herein- before provided, and the same proceeding shall be had thereon as if no pre- vious notice had been delivered. 6757 Sec. 58. When appointed by county superintendent. In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, THE NEBRASKA SCHOOL LAWS 35 COMPILED BY K-B PRINTING CO., OMAHA. it shall be the duty of the county superintendent of the county in which such district is situated to appoint the officers of such district from the legal voters thereof, which officers thus appointed shall severally file with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director. Where a tie vote occurs in the election of a school district officer, it is not within the province of the county superintendent to appoint an officer. An outgoing officer is not competent to assist in appointing his successor, If a vacancy exists in the office the old officer is no longer competent to act on behalf of the district, and such vacancy can be filled by appointment or election. 6758 Sec. 59. Organization in such case. Every such school district, shall be deemed duly organized whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be subject to all the duties and liabilities conferred upon school districts by law. 6759 Sec. 60. Organization presumed. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year. 6760 Sec. 61. Vacancy. District officers appointed to fill vacan- cies shall hold their office until the beginning of the next school year. Offi- cers elected at a special meeting shall serve for the remainder of the unexpired term, and until their successors are elected and qualified. 6761 Sec. 62. Officer not be employed as teacher exception. No person holding a school district office shall be employed to teach in the district of which he is an officer, unless upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board. 6762 Sec. 63. Disputed accounts. Whenever a director or moder- ator refuses to sign orders on the treasurer, or the treasurer thinks it best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall proceed at once to investigate the matter, and if he finds that the officer complained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. This, however, will not prevent a party in a proper case from bringing an action in hit own name. Cited 19 Neb., 565; 32 Id., 354; 35 Id., 655. THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. ARTICLE IV. POWERS AND DUTIES OF DISTRICT OFFICERS. SECTION 6763. Moderator powers of. 6764. Disorderly conduct at meetings. 6765. Same penalty. 6766. Treasurer bond. 6767. Same money received and disbursed. 6768. Same cash book and report. 6769. Same appear in action for district. 6770. Additional bond when. 6771. Director. SECTION 6772. Shall keep record. 6773. Hiring teachers how governed. 6774. Census when taken. 6775. Care of buildings. 6776. Estimate of expenses and report. 6777. Post notices. 6778. Orders on treasurer. 6779. Annual report. 6780. Statement valuation taxes. 6763 Sec. 64. Moderator powers of. The moderator shall have power, and it shall be his duty to preside at all meetings of the district, to countersign all orders upon the treasurer for money to be disbursed by the district and all warrants of the director on the county treasury for moneys raised for district purposes or apportioned to the district by the county super- intendent, to administer the oath to the director and treasurer of the district of 'which he is moderator when such an oath shall be required by law in the transaction of the business of the district, and to perform such other duties as may be required of him by law. If the moderator be absent from any dis- trict meeting the qualified voters present may elect a suitable person to pre- side at the meeting. The moderator has a right to vote at school district meetings on all questions pertain- ing to school matters. In case of a tie vote, however, he could not cast a second vote to break A moderator of a school district is not required to take an oath of office. 30 Neb., 360. When a person elected to the office of moderator of a school district fails to file with the director of the district his written acceptance of the office, but immediately after his elec- tion enters upon the discharge of his official duties, by presiding at school district meetings, countersigning school orders and performing all other duties required by law of such omcer, without objection from anyone, for more than a year, held, that the failure to file a written ac- ceptance did not forfiet his title to the office. 30 Neb., 360. One B., moderator of a school district, refused to sign a report to the county clerk of the lawful taxes voted by his district at the annual meeting. Held, that it being a duty en- oined by law, he would be compelled by mandamus to sign the same. 11 Neb., 359. A moderator refused to sign an order properly drawn upon the treasurer and the mat- ter was submitted for adjudication to the county superintendent, who, after investigation, found that the officer refused to sign the order for insufficient reasons. Held, that under the statute the county superintendent had the right, on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. 35 Neb., 655. When the moderator refuses to sign orders legally issued by the director, he can be com- pelled to do so by mandamus. (See section 63, article 3.) When the moderator is absent from a district meeting, one should be appointed. The director is clerk of the meeting, and has no right to preside in the absence of the moderator. 6764 Sec. 65. Disorderly conduct at meetings. If at any district meet" ing any person shall conduct himself or herself in a disorderly manner, and after notice of the moderator or person presiding, shall persist therein, the moderator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned. 6765 Sec. 66. Same penalty. Any person or persons who shall refuse to withdraw from such meeting on being so ordered as provided THE NEBRASKA SCHOOL LAWS 37 COMPILED BY K-B PRINTING CO., OMAHA. in the preceding section or who shall wilfully disturb such meeting shall on conviction thereof, be fined a sum not exceeding twenty dollars. For penalty for disturbing any school, society, or meeting convened for improvement in music, letters, or for social improvement, see Criminal Code, Annotated Statutes. 6766 Sec. 67. Treasurer bond. The treasurer of each district shall within ten days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties, to be approved by the director and moderator, conditioned for the faithful dis- charge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board and the board shall im- mediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office. In case a district treasurer-elect fails to file a bond within the prescribed time, the old treasurer holds over, if elected to the office; and he has twenty days after the annual meet- ing in which to file a new bond. Moneys in the treasury must be used for the purpose of paying outstanding warrants, and the treasurer is liable under his bond if he uses money for any other purpose as long as there are warrants outstanding against the fund. The director and moderator should not become surety upon the treasurer's bond for the reason that they are the officers whose duty it is to approve such boad; but after having signed the bond they would be estopped from denying the validity of the same, and would doubtless be held liable thereon in the event of the defalcation of the treasurer. It is not within the power of the treasurer of a school district by a general deposi^ of funds held by virtue of his office to create between such district and his banker the rela- tion of debtor and creditor. A banker by receiving on deposit from a school district treasurer funds known to be held by the latter in his official capacity becomes thereby a trustee for the beneficial owner with respect to such funds, and the same may, upon his insolvency, be re- covered by the owner as a preferred claim against his estate. 52 Neb., 1. The other members of the board should not be sureties on the treasurer's boad. The treasurer should not be allowed to draw money from the county treasury until his bond has been filed and approved; and the individual members of the board authorizing such draft, in the absence of the necessary bond, would be liable to the district for any loss resulting therefrom. A school treasurer may hold other offices, county or precinct. When a board allow 8 a treasurer, whose bond has not been approved, to handle public funds, the members of the board become individually liable for any loss that may occur. District treasurers are reminded that to use or lend any part of the public money in their hands is an offense which, if proven against them, renders them liable to fine and imprisonment. (See Annotated Statutes.) The treasurer must file his bond with the director, and the director must file it with the countv clerk. The director should keep a record of both filings. A district treasurer elected to suc- ceed himself must file a new bond. 52 Neb., 1. 6767 Sec. 68. Same money received and disbursed. It shall be the duty of the treasurer of each district to apply for'and receive from the county treasurer all school moneys apportioned to the district or collected for the same by the county treasurer, upon order of the director, countersigned by the moderator, and to pay over on the order of the director, countersigned by the moderator of such district, all moneys received by him. The statute as well as the supreme court recognizes the district treasurer as the legal and proper custodian of the funds for his district, provided, of course, the said treasurer has furnished bonds as provided in sections 67 and 71 article 4, School Laws. A district treas- urer who has complied with these provisions could apply to the district court for a witt of mandamus to compel director and moderator to issue warrants on the county treasurer in his behalf for the funds belonging to his district. The law does not contemplate that the treasurer shall pay any bills out of moneys be- longing to the district except through the regular channels: viz., on orders drawn by the direc- tor and countersigned by the moderator. If the treasurer refuse contumacy or for insufficient reasons to pay the orders legally drawn upon the district, it shall be the duty of the county superintendent on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. 38 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. A writ of mandamus cannot issue to the treasurer of a school district requiring the pay- ment by him of an order payable by its terms at a fixed time in the future and in the meantime drawing interest at arate per centum defined by the terms of the order itself. 39 Neb., 570. It is not within the authority 9f the voters at the annual meeting to release a treasurer from being responsible for moneys paid out illegally or lost by him. This money may be drawn from the county treasury at any time. It is the right and duty of the district treasurer to draw and hold funds collected by the county treasurer to the credit of the district. 22 Neb., 52. School district funds can be paid out legally only on the order of the director, coun- tersigned by the moderator. The county treasurer has no right to receive orders drawn by the director in favor of any one but the district treasurer, who is the only person authorized to receive district money from the county treasurer, and he should pay no order until countersigned by the moderator. 11 Neb., 283. A school district has no authority to release its treasurer from liability for money lost or misapplied by him. 10 Neb., 296. Cited 19 Id., 494, 565. 6768 Sec. 69. Same Cash book and report. The treasurer shall keep a book furnished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which money has been received, and to what fund it belongs, and the person or persons to whom, and the object for which the same has been paid out. He shall pre- sent to the district, at each annual meeting, a report in writing, containing a statement of all moneys received by him during the preceding year and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, and at the close of the term of his office shall settle with the district board, and shall hand over to his successor said books anr' a ii receipts, vouchers, orders, and papers coming into his hands as treas- urer of the district, together with all moneys remaining in his hands as such treasurer. The district treasurer should settle with the district at the annual meeting, and the terms and items of this settlement should be recorded in full. 6769 Sec. 70. Same appear in action for district. It shall also be the duty of the treasurer to appear for and on behalf of the district in all suits brought by or against the same, whenever no other directions shall be given by the qualified voters in the district meeting, except in suits in which he is interested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid. Action on a demand balonging to the district must be brought in the name of the dis- trict. 11 Neb., 283. When the action is not brought by the treasurer the petition should state the cause. 10 Neb., 268. Cited 12 Id., 241. 6770 Sec. 71. Additional bond when. Whenever by the failure of his sureties, or otherwise, the official bond of the district treasurer becomes, in the opinion of the other members of the board, insufficient to protect the dis- trict from loss, it shall be the duty of the director and moderator to demand additional security or a new bond of the treasurer. If the treasurer refuse or neg- lect to procure a satisfactory bond and present it to the other members for approval within ten days after demand, the moderator and director may declare his office vacant, and proceed to call a district meeting to elect a new treasurer to fill the unexpired term; Provided, Nothing in this section shall be construed to interfere with the liabilities of principals and sureties in such bond or the rights of sureties as defined by law regulating official bonds. The duties devolved upon the members of the school district board, or upon the moder- ator and/iirector, by section 71, article 4, can only be performed by those two officers acting in conjunction. Any attempt on the part of either of them to perform such duties alone and without the joint action of the other, is ineffective and void. 22 Neb., 48. Collection of taxes for payment of loss of funds in insolvent bank. 51 Neb., 762. THE NEBRASKA SCHOOL LAWS 39 COMPILED BY K-B PRINTING CO., OMAHA. 6771 Sec. 72. Director. The director shall be clerk of the dis- trict board and of all district meetings when present, but if he shall not be present, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him. 6772 Sec. 73. Shall keep record. The director shall record all pro- ceedings of the district in a book furnished by the district, to be kept for that purpose, and preserve copies of all reports made to the county superin- tendent, and safely preserve and keep all books and papers belonging to his office. It is to this record alone that resort must be had to ascertain what the district has done; what taxes it has voted, etc. 4 Neb., 307. 6773 Sec. 74. Hiring teachers how governed. The director, with the consent and advice of the moderator and treasurer or one of them, or under their direction, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall have the consent of the moderator and treasurer, or one of them, endorsed thereon and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office: Pro- vided, if the director shall refuse to make and sign such contract, when di- rected so to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent, at the time the contract is made, of the length of the proposed term of school, when the school will begin and of the name of the teacher. No money belonging to the district shall be paid for teaching to any but legally qualified teachers, nor shall any school board pay out money belong- ing to the school district to any teacher after such board has received a sworn statement by a school board that the services of the teacher in question are under previous contract to said board. Provided further, a contract made before the annual meeting, in order to be legal, must be signed by two mem- bers whose terms of office do not expire with the school year in which such contract is made: Provided further, no such contract with a teacher shall be valid unless agreed to either by all members of the district board or by two members of such board who are not related to the fourth degree to such teacher and whose terms of office extend beyond the date of the term of school contracted for. Section 1. Teachers to be paid wages in time of epidemic. That in case of epidemic sickness prevailing to such an extent that the school or schools in any school district shall be closed, teachers' salaries shall not be suspended but that they shall be paid their usual salaries in full for such time as the school or schools shall be closed. House Roll No. 199, Session 1919. Emergency. Section 1. Garb of religious order forbidden. Any teacher in any public school in this state who shall wear in said school or while engaged in the performance of his or her duty any dress, or garb, indicating the fact that such teacher is a member or an adherent of any religious order, sect or denomination, shall upon conviction thereof, be deemed guilty of a misdemeanor and fined in any sum 40 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. not exceeding one hundred ($100) dollars and the costs of prosecu- tion or shall be committed to the county jail for a period not ex- ceeding thirty days or hoth. Section 2. In case of violation of section 1 of this act by any teacher employed in any public school, notice of which having been previously given to the school board, board of education or board of directors employing such teacher, it shall be the duty of such school board, board of education or board of directors to suspend such teacher from employment in such school for the term of one year. In case of the second offence by such teacher, it is the duty of the board of education, board of directors or school board to dis- qualify permanently such teacher from teaching in such school and any public school director, member of a board of education or school board who fails to comply with the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred ($100) dollars and costs of prosecution. House Roll No. 115, Session of 1919. Emer- gency. *(a) It is the duty of the director to contract with the teacher when so authorized by the moderator and treasurer, but should he refuse to make such contract, then it would be within the authority of the moderator and treasurer to make the contract. The moderator ana treasurer have no authority to make such contract until they have given the director an opportunity to make it. The director of a school district cannot legally delegate to his wife, or to any other per- son, the power to act in his stead in contracting with a teacher. However, if such director should, in concurrence with one or more members of the district board, employ a teacher and agree upon the terms of the contract, he might instruct his wife, or other third person to draw up the instrument in accordance with such agreement and sign his name thereto; then it would be his contract. The statute specially authorizes the director of a school district to employ teachers either with the assent of the moderator and treasurer, or one of them, or by their direction if if he shall not concur. A contract with a teacher, therefore, entered into on behalf of the dis- trict by the director and treasurer, without the assent of, or notice to the moderator is valid. Russel vs. State, ex rel, Armour, 13 Neb., 68, 12 N. W., 829.) Citations. Martin vs. State, 23 Neb., 384, 36 N. W., 554: Montgomery vs. State, 35 Neb., 659. 53 N. W., 568; State vs. Smith, 57 Neb., 48, 77 N. W., 384. "No contract with a teacher shall be valid unless agreed to either by all the member 8 of the district board or by two members of such board who are not related to the fourth de- gree to such teacher and whose terms of office extend beyond the date of the term of school contracted for." In regard to a relative hiring a relative, the law applies to questions of con- sanguinity, and not to marital relationship. The director and one other member of the board may contract with a teacher without notifying the third member, but a contract made by the other members of the board without first giving the director an opportunity to make the contract would be void. They may make a valid contract, however, if the director refuses to do so. The district, at the annual meeting, may determine whether a summer or winter schoo 1 shall be taught (see section 46, article 2), but it is the business of the board to choose the teacher, and the director should make the formal contract with the person so chosen. If the director refuses to make the contract it may be made by the other two members of the board. A school board may direct the school to be closed on Thanksgiving, the Fourth of July, or similar occasions, and not require the teacher to make up the time. The school board is the proper party to fix the wages of teachers the district meeting cannot do it. Unless a teacher agrees on his contract to build fires and sweep the schoolhouse, he can- not be compelled to do so. A district board cannot make a legal contract one that will bind the district with a teacher who does not hold a valid certificate, and members of the board will be personally liable to the district for money paid to a teacher who is not legally qualified. 13 Neb., 52. A teacher is legally qualified to teach in a joint district, who holds a certificate from the superintendent of either county in which such district lies. DecUioni which apply only to rural and village schools. THE NEBRASKA SCHOOL LAWS 41 COMPILED BY K-B PRINTING CO., OMAHA. If the contract is signed by one who is a director de facto it will bind the district. 9 Neb., 56. Contract by director and treasurer valid. 13 Neb., 69. 35 Id., 655. Breach of contract. 31 Neb., 501. t (b) The contract between the school board and a teacher is a mutual obligation, equally binding upon both parties. Neither party can with impunity rescind such contract and either party violating the provisions of such contract would be answerable in damages to the aggrieved party. It requires a majority of the board to legally accept a teacher's resig- nation. In order to be legal and binding upon the district, it is not necessary that a contract be in writing. If not in writing its existence must be fully proven. If it can be proven that a teacher was elected by the board, that he was notified of such election and clearly indicated his acceptance of it, the contract is binding whether made out in writing and signed by all parties concerned or not. In the absence of a written contract the minutes of the director O r secretary of the board would show the time for which a teacher was- elected. In case a teacher breaks a contract made between herself and a school district board the board has a right of action on the original contract, and may maintain: (1) A suit to ob- tain damages for the loss sustained by the breach; (2) a suit to obtain specific performance of the contract by the other party. Or, if the court were to find it difficult to assess the dam- ages, or should fail to enforce a specific performance because it cannot supervise or insure its execution, they could, by injunction, enforce the promise not to teach elsewhere during the time covered by the injunction. See Clark on Contracts, 702. Members 9f the school board have a perfect right to see the teachers' certificate. In fact, it is a duty incumbent upon them to satisfy themselves that the teacher is a legally quali- fied teacher. The certificate is the proper evidence. The school board has the right to discharge a teacher for cause, and after such dis- > the teacher has no right to continue the school, even if the cause be thought insuffi- cient. The only course then open to the teacher is an action for damages. Whether the teacher could draw pay fo mined by process of law. So far as schools are concerned, the statutes of Nebraska make no provisions for legal holi- days. A teacher, in the absence of any provision upon the matter in his contract, would have no authority to close school upon the so-called holidays, without being legally required to make up the time so lost to the district. However, a district board has authority to make pro- vision for closing school upon such days, and in case the board directs that school be closed upon any specified day, the teacher would legally draw pay for such time. A teacher may make up lost time by teaching on Saturdays only by permission of the board. When the school is closed for a few days in order to repair damages done to the build- ing by a storm, the teacher is not bound legally to make up the time so lost, providing he hold himself in readiness to continue the school during the time school was closed by order of the board. 6774 Sec. 75. Census when taken. Within ten days previous to the annual district meeting, the director shall take the census of his district, and make a list in writing of the names of all the children belonging thereto, be- tween the ages of five and twenty-one years, together with the names of all the taxpayers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer or such person as they may appoint, and a copy of the list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twenty-one years, and that it was taken within ten days preceding the annual meeting, shall be returned with the annual report of the director to the county superintendent; Provided, in cities of the first and second classes, thirty days shall be allowed for taking the census, such census to be completed before July 1. The census can be legally taken at no other time than this. No special census report can be called for. Marriage will not exclude from the census list persons otherwise entitled to be enumer- ated. No stated length of time is required that children must live in a district before they are counted in the census. Children brought into a district within the ten days during which the census can be taken, if already counted in the district from which they came, should be listed in the district to which they have come, and stricken from the other. * The home of a child is usually with its parents or guardians, but may be elsewhere. A child of school age who, bona fide, resides in a district for other than school purposes is enti- tled to school privileges, and its name should be included in the school census. t Decisions which apply to all school districts, 42 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6775 Sec. 76. Care of buildings. The director shall, with the con- currence of the moderator and treasurer, or either of them, provide the necessary appendages for the schoolhouse, and keep the same in good con- dition and repair during the time school shall be taught in said schoolhouse, and shall keep an accurate account of all expenses incurred by him as direc- tor. Such account shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund. Section 94, article 5, Provides that no school officer shall be a party to any school contract for building or furnishing supplies except in his official capacity a member of the board. This, of course, -does not apply to supplies furnished in any other manner than under contract. Section 76, article 4 expressly states that the director shall with the con- currence of the other members of the board provide the necessary appendages for the schoolhouse and keep an account of all expenses incurred by him as director. This section clearly implies the duty of the director to provide all necessary supplies in such a man- ner as he sees fit when not otherwise directed by the board. His account must be audited by the board; and if any items are found incorrect or any charges exorbitant, corrections can be made at any time. There is no law compelling a moderator to sign a contract for supplies. His signature is not necessary to the validity of the contract, but if the contract was made at a meeting of which he had no notice, the contract itself is called in question. It has been decided that such contract is illegal. A contract with a teacher is an exception to this rule. A bill against a school district should be made out in due form, itemized, and presented to the board for their consideration. Action should be taken thereon and the warrant issued in accordance with such action. The director should be justified in demanding an itemized statement. He is 'responsible for drawing orders on the district and should know definitely for what purpose the monev of the district is used, so that he may be able to report to the voters at the annual meeting. The director must also make out an itemized statement of every bill he presents for expenses incurred by him in his official capacity. A member of the committee on purchase and supplies shall not be a party to furnish supplies to the district, except in his official capacity as a member of the board. See section 94, article 5, School Laws. The director of a school district, with the consent of the moderator, may contract for epairs on a schoolhouse of the district during vacation. 67 Neb., 365. The amount of money to be used in the repair of the schoolhouse is in the discretion the board to determine. 67 Neb., 635. 6776 Sec. 77. Estimate of expenses and report. He shall present at each annual meeting an itemized estimate of the amounts necessary to be ex- pended during the ensuing year for school purposes, and for the payment of the services of any school district officer; but no tax for these purposes shall be voted at any special meeting. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each, and of all orders on the district treasurer, and the amount of each, for what purpose and to whom given. Before adjournment of each annual meeting the director shall read the minutes of the meeting and have the same corrected and approved by a majority vote of the meeting. In order legally to pay the school district officers a salary, it is necessary that provi- sions for such payment be made at the annual district meeting; but it is not within the author- ity of the annual meeting to make provision for the payment of such salary for more than the ensuing year, 6777 Sec. 78. Post notices. He shall give the prescribed notice of the annual district meetings, and all such special meetings as he shall be required to give notice of, in accordance with the provisions of this chapter, one copy of which for each meeting shall be posted on the outer door of the schoolhouse, if there be one. 6778 Sec. 79. Orders on treasurer. He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the district, and all warrants upon the county treasurer for moneys raised for district purposes, or apportioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be issued until so countersigned. No warrant shall be countersigned by the THE NEBRASKA SCHOOL LAWS 43 COMPILED BY K-B PRINTING CO., OMAHA. moderator until the amount for which the warrant is drawn is written upon its face. The moderator shall keep a record, in a book furnished by the di- trict, of the amount, date, purpose for which drawn, and name of person to whom issued, of each warrant countersigned by him. It is the duty of the district director to issue orders upon the county treasurer in favor of the district treasurer for money on hand in the county treasury, in order that the district indebtedness and current expenses may be properly paid. In case the director refuses without sufficient reason to issue such orders upon the county treasurer, he may be compelled to do BO by mandamus proceedings in the district court. See 22 Neb., 52. School district orders are subject to same defense against a bona fide holder for value as against the payee. 4 Neb., 359. Cited 19 Id., 564. 32 Id., 370. A writ of mandamus cannot issue to the treasurer of a school district requiring payment by him of an order payable by its terms at a fixed time in the future and in the meantime drawing interest at a rate per centum defined by the terms of the order itself. 39 Id., 570. Moderator must countersign all proper orders. 35 Neb., 655. The school board has no authority to draw and accept orders on a fund which the dis- tict has proposed, but not yet raised. 4 Neb., 360. 6779 Sec. 80. Annual report. The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, showing the whole number of children belonging to the district between the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglect- ing to take the enumeration and make a return of the same shall be liable to the district for all school moneys which such district may lose by such neglect. Within ten days after the annual district meeting, the director shall report to the county superintendent, to be filed in his office a report under oath, showing: 1st. The number attending school during the year under five, and also the number over twenty-one years of age. 2d. The whole number that have attended school during the year. 3d. The whole number in the district between the ages of eight and fourteen years, inclusive. 4th. The whole number in the district between the ages of eight and fourteen years inclusive, that have attended school not less than twelve weeks during the school year. 5th. The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. 6th. The total number of days all pupils between the ages of five and twenty-one years have attended school during the year. 7th. The amount of money received from the county treasurer during the year, and the amount of money expended by the district during the year. 8th. The number of mills levied for all school purposes. 9th. The kind of books used in the school. 10th. Number of children to whom text-books are furnished, and kinds of books. llth. The amount of bonded indebtedness. 12th. Such other facts and statistics as the superintendent shall direct- The penalty incurred by a failure to report correctly the items in the first paragraph of this section applies equally to the others. Should the director not send in a complete report, it is the duty of the county superintendent to return it for correction. The report must be made under oath. See section (3242) 10, Chapter 32. 41 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6780 Sec. 81. Statement valuation taxes. It shall be the duty of the director to furnish, for the use of the annual meeting of each year, a statement of the aggregate assessed valuation of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district. ARTICLE V. DISTRICT BOARD POWERS AND DUTIES. SECTION 6790. Vacancy in office how created. 6791. Same how filled. 6792. Same on division of district. 6793. Officer not interested in contract. 6794. Water closets. 6795. School district library. 6796. Same care rules. 6797. Support of school library. SECTION 678 1 . Board quorum . 6782. Report of taxes voted. 6783. General management. 6784. Non-resident pupils. 6785. Suspension of pupils. 6786. Procure site and house. 6787. Title to site. 6788. Payment of money. 6789. Care of property. 6V81 Sec. 82. Board quorum. The moderator, director, and treas- urer shall constitute the district board, and in all meetings of the board two members shall constitute a quorum for the transaction of business. Meetings of the board may be called upon the agreement of two members, but all members shall have notice of the time and place of meeting. A contract entered into and signed by persons styling themselves as director and mod- erator of a school district is their individual contract and not binding on the district. 4 Neb., 254. The action of a majority of the board will not bind the district without notice to or par- ticipation therein of the other members. Id. A contract with a teacher is an exception to this rule. 13 Neb., 69. 35 Id.. 655. 6782 Sec. 83. Report of taxes voted. Immediately after the annual district meeting, and not later than the first Monday in July, the board shall make and deliver to the county superintendent, and also to the county clerk of each county in which any part of the district is situated, reports in writing under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, and to be collected by the county treasurer at the same time, and in the same manner as the state and county taxes are collected; and when collected, to be paid over to the treasurer of the proper district on the order of the director, countersigned by the moderator of the district. It shall be the duty of the county clerk to levy such taxes, if voted according to law. Taxes were voted by a district while comprising three townships. Before the levy 2| townships were detached. Held, Taxes should be levied on the district as it existed at the time of the levy. 9 Neb., 336. But where such taxes were leved in the district as it existed at the time they were voted and collected from property therein; held, that the new district could recover from the old the amount collected in ita territory. Id. When a district board refusea to act, it may be compelled to perform its lawful duties by a writ of mandamus. 11 Neb., 359. 6783 Sec. 84. General management. The district school boards shall have the general care of the schools, and shall have the power to cause pupils to be taught in such branches and classified in such grades or departments as THE NEBRASKA SCHOOL LAWS 45 COMPILED BY K-B PRINTING CO., OMAHA. may seem best adapted to a course of study which the school boards of any county shall establish with the consent and advice of the state superin- tendent. This course of study shall apply only to rural schools and shall include all subjects now required for a second grade certifi- cate, viz: Agriculture, Bookkeeping, Civics, Drawing, Arithmetic, English Composition, Geography, Grammar, History, Mental Arithmetic, Orthography, Penmanship, Physiology, Reading. The school board with the teacher shall make provisions for pupils that may enter at any time during the school year, and the school board of each district shall cause a record of the advancement in each branch of study of all pupils to be kept in a book provided for this purpose; and it is hereby made the duty of each district board, to make such rules and regulations as they may think necessary for the government and health of the pupils, and devise such means as may seem best to secure regular attendance and progress of children at school. Sen- ate File No. 73, Session 1919. 6784 Sec. 85. Non-resident pupils. The board may also admit to the district school non-resident pupils, and may determine the rates of tuition of the pupils and collect the same in advance, but no tuition shall be charged such children as are or may be by law allowed to attend the school without charge. Under the statutes of Nebraska (section 3, 678 C. S., 1905), the minority of a female child ends at the age of eighteen years. Where a woman between eighteen and twenty-one years of age elects in good faith to make her residence in a certain school district, and does actu- ally reside therein, she has the right to free school privileges in said district. Children of school age are entitled to free school privileges only in the district in which their parents, or the ones standing in the relation of parents, or legal guardians make their legal residence. To be a legal guardian one must have been so recognized by a court of proper j urisdiction, with such guardianship made a matter of record by the court. The supreme court has decided that : The father of a child of school age, or one stand- ing in loco parentis to the child, may maintain an action to compel the directors of a school district to allow the child to attend school in the district where the child is a bona fide resident Where a child of school age is wrongfully denied admission to the public school of a district, an injunction may properly issue to restrain the directors of a school from interfering with his attendance. Commissioners' Opinion, Department No. 3, Nebraska Reports (Herdman,) ' Vol. II., 1901-1902, pages 238-242. The court in expounding this ruling said: "Where a child with the consent of his parents goes to live in the family of another as a member of the family and under an agreement that that is to be his home, and that he is to becared for and provided with school facilities, he becomes a bona fide resident of the district where living, and the person with whom he resides occupies the relation of a parent, stands in loco parentis, and may demand for him every right to which his own son is entitled." A person who graduates from the public schools of Nebraska does not lose his privilege of attending school by reason of his graduation. He has a right to continue the same studies in the same school and will have the same privileges as the school guarantees to other pupils jn the matter of text books, etc., providing no separate classes are required for his instruction. The residence of a pupil is usually with his parents, if living, but may be elsewhere. Children sent into the district just to board and attend school are not residents. 6785 Sec. 86. Suspension of pupils. They may authorize or order the suspension or expulsion from the school, whenever in their judgment the interests of the school demand it, of any pupil guilty of gross misdemeanors or persistent disobedience, but such suspension shall not extend beyond the close of the term. This section gives school boards authority to suspend pupils. There is no law for refer- ring such questions to a special district meeting, and it will save acrimony if the board, after consulting with the teacher or teachers, will settle all such matters with the least possible public disturbance. The right to suspend or expel vests in the board, but may be exercised by the teacher in emergencies, with immediate reference to the board for final action. The statute empowers the school district board to suspend or expel pupils from the chool, and it also provides that "such suspension shall not extend beyond the close of the term." The expression "term" is not defined in the statutes. In the absence of any defini- 46 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. tion on the part of the board, the word term would naturally apply to the entire period during which school is in sessi9n during the school year. But where the school district board has made and adopted a series of rules by which the school year is divided into specific terms, the board would have no authority to suspend a pupil for a period extending beyond the close of the current term as denned in said rules. Control of pupils outside of school hours. Let us divide the question at issue into two parts; first, the teacher's authority over pupils on the way to and from school; and second, his authority over pupils at other tunes and places than in school, on school grounds, on the way to and from school, or during school hours. The laws of Nebraska do not touch directly upon the matter of the teacher's authority over pupils on the way to and from school. Several decisions of different supreme courts, however, seem to indicate that where there is no statutory provision to the contrary, the teacher may exercise a reasonable control over pupils on the way tojand from the schoolhouse in all matters of conduct which affect the interest and discipline of the school. This authority must be exercised with great discretion on the part of the teacher, and he will be liable for any flagrant perversion or abuse of it. The teacher stands in the place of the parent at school and has the same jurisdiction over the conduct of the pupil there that the parent has at home. It seems to be a simple deduction from this principle that the teacher has authority over the pupils at all times when they are thrown together in consequence of their attendance at school, and it would be very disastrous to school discipline if the teacher were denied a reasonable control over the actions of the pupils on the way to and from the schoolhouse. This right, therefore, seems to belong to the teacher by implication without any express statement of law to that effect. For acts committed in or about the homes of the pupils, it would avoid a source of much trouble and irritation if the teacher would consult with the parents, reasoning with them, if they are reasonable, and parents usually are when the facts are fairly stated and they see that some action is necessary for the good of their own children. Teachers should not be arbitrary or dicta- torial. Corporal punishment. The statutes of Nebraska are silent as to the right of a teacher to inflict corporal punishment, and the matter seems never to have been brought before our supreme court; but the holdings of supreme courts of other states are quite uniform and positive in the matter, and are in substance as follows: A teacher in charge of a school stands in the place of the parent while the pupils are under his or her control and has the same right to command and to enforce obedience which the parent has in the home. This right includes the infliction of corporal punishment in a reasonable manner and with the proper motive. If it can be shown that the pun- ishment was cruel or excessive or inflicted with malice on the part of the teacher, then such teacher is liable to prosecution and punishment. As a matter of educational policy, there is no question that corporal punishment is to be used only as a last resort; and our best teachers almost invariably succeed in avoiding it. Nevertheless there are cases, growing out of unusual perversity or unfor- tunate influences at home, which make its use advisable and sometimes even indispensable. While the constant aim of the teacher and school board should be to reduce the use of this method of discipline to a minimum, there can be no question as to the legal right of the board to authorize, and of the teacher to employ, corporal punishment, under proper circumstances, in the proper manner and with the proper motive. The law empowers a school board to suspend or expel a pupil from school who is guilty of gross misdemeanors or persistent disobedience, whenever in their judgment the interests of the school demand it; but such suspension shall not extend bewnd the close of the term. In case of emergency the teacher may suspend a pupil and refer riis actions and the reason* therefor immediately to the board. School boards are empowered to make rules governing their schools. If they see fit to admit a pupil who has been expelled they have a perfect right to do BO. "An action of mandamus will lie and may be maintained to reinstate a pupil in a school if the action of the officer or officers by which the party was refused admission to or continu- ance in the school was an arbitrary or capricious exercise of authority." 67 Neb., 183. 6786 Sec. 87. Procure site and house. They shall purchase or lease such site for a school house as shall have been designated by the dis- trict, in the corporate name thereof, and shall build, hire, or purchase the schoolhouse out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when lawfully directed by the qualified voters at any annual or special meeting. Subject to certain restrictions, the qualified electors of school districts are intrusted with the power to determine what sort of a schoolhouse shall be erected, and the extent of the expenditures therefor; and when so determined the school board has no authority to change the same, and thus bind the district for aa increased expenditure. It is within the authority 9f the school board to make temporary arrangements for carrying on the school whenever this matter is neglected at the annual district meetings. The school board should rent a building and pay for the same out of the funds of the district It is not only a right but it would be a duty incumbent on the school board, to so provide room and teachers for the pupils of the district. Building Committee 45 Neb., 23. 6787 Sec. 88. Title to site. The district shall not in any case build fc a stone or brick schoomouse upon any site, without having first obtained a title in fee to the same; and, also, that they shall not in any case build a frame THE NEBRASKA SCHOOL LAWS 47 COMPILED BY K-B PRINTING CO., OMAHA. schoolhouse on any site for which they have not a title in fee, without the privilege to remove the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting. 6788 . Sec. 89. Payment of Money. The district board shall apply and pay over all school moneys belonging to the district in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received a cer- tificate as required in this chapter, before the commencement of his or her school. 6789 Sec. 90. Care of property. The board shall have the care and custody of the schoolhouse and other property of the district, except so far as the same shall be confided to the custody of the director. This section has given rise to much controversy, and many disputed points still remain unsettled. The following opinions seem to be well founded: 1. The schoolhouse was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this. 2. A room in a schoolhouse not needed for school purposes may be leased for any pur- pose not injurious to the school, or a detriment to the usefulness of the other parts of the build- ing for school purposes; but the contract for such lease cannot extend beyond the close of the school year. 3. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when assembled in a lawful manner; but when the district has not acted on the subject the board has control until some action is taken by the district. But neither board nor district has any right to allow the schoolhouses to be used in such a way as to interfere with the school. 4. If the voters of the district wish to use the schoolhouse for meetings of various kinds there seems no good reason why they may not so use it so long as they do not interfere with the school work. The derisions of the supreme courts of Indiana, Illinois, Iowa, and many other states confirm this view. Kansas, New Jersey,' and West Virginia confer upon the trustees, by statute, the right to use the house for such purposes. In the absence of any deci- sion by our own courts, the above rulings will govern this department. Sec. 90a. Buildings for other than school purposes. The board of education of every school district in which is included any incorporated city or village may in its discretion permit the use of public school buildings for public assemblages under such rules and regulations as it may adopt. A majority of the qualified electors at any annual meeting in any rural school district may by resolution permit a similar use of school buildings within such district under rules and regulations which may be adopted at such annual school meeting, or in case none are adopted then under rules and regulations prescribed by the district board. The board of education may exact such rental as may be necessary to meet the expense of such meeting, restore the property and pay for extra help required. In rural school districts such rental may be fixed by resolution adopted at the annual school meeting, but in de- fault of such provision the district board may fix the rental. 6790 Sec. 91. Vacancy in office how created. Every school district office shall become vacant by the death, resignation, or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time. If an officer resigns at an annual district meeting, and his resignation is accepted by the board at the meeting, the voters present may elect a successor to complete the term of office. The general rule is that the resignation of an officer should be presented to the board or the officer who has authority to fill the vacancy so created. At the time of the annual meet- 48 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. ing the resignation of a district officer should be presented to the meeting; at any other time, to the district board. Two members of a school board cannot of their own volition remove the other member from office. The only way to remove a school district officer is by proper action before a court of competent jurisdiction. When a school officer resigns, and his resignation is accepted, he cannot withdraw it. and again resume office. 6791 Sec. 92. Same how filled. The board shall have power- to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurance; Provided, in case said board shall, from any cause, fail to fill such vacancy, the same may be filled by election at a special school district meeting called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subject to the same regulations as other special district meetings. When vacancies occur in school boards, the vacancies are filled by appointment or by election at a special district meeting. If by appointment, the appointee serves until the next annual meeting; if by special election, he serves for the remainder of the unexpired term. 6792 Sec. 93. Same on division of district. When by a divi- sion of a district, no more than one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons, who shall hold their offices until the second Monday in July after the next annual meeting, and until their successors are elected and qualified. 6793 Sec. 94. Officer not interested in contract. No school officer shall be a party to any school contract for building or furnishing supplies, except in his official capacity as a member of the board. The spirit of section 13, subdivision 4 seems to authorize the director to furnish, under the direction of the board, in such a way as he may see fit, such supplies and repairs as are necessary for the proper maintenance of the school. It seems equally clear that the statutes give the district board no authority to make extensive repairs or to incur large or unusual expenses without the consent of the district meeting. Any action of public officers is voidable if vitiated by fraud. When school district officers employ each other for services to the dis- trict involving pecuniary profit, the transaction bears on its face a strong suggestion of col- lusion and fraud which presumption, however, may be overcome by competent evidence of good faith. 6794 Sec. 95. Water closets. It shall be the duty of school district boards to provide on every schoolhouse site, and keep in good repair and in clean and healthful condition, at least two separate water closets or privies, cated on those portions of the site farthest from the main entrance to the schoolhouse, and as far from each other as the surrounding condition will permit; Provided, where adequate and separate interior closets are provided and maintained in good repair and healthful condition, the forego- ing condition of this section shall not apply. 6795 Sec. 96. School district library. The school board or school trustees of every school district within this state may at its discretion set aside annually from the general funds collected for the use of the district the sum of ten cents per pupil as shown by the total number of pupils within the school district at the last annual school census. The amount so set aside shall be known as the district library fund, and shall be by the school board or school trustees of such district annually invested in books other than the regular text books, which books so provided, shall be suitable for the district school library. 6796 Sec. 97. Same care rules. The school boards or school trus- tees shall provide for the care of such library at the schoolhouse and shall THE NEBRASKA SCHOOL LAWS 49 COMPILED BY K-B PRINTING CO., OMAHA. prescribe the rules and regulations under which it shall be used by the district. 6797 Sec. 98. Support of school library. By direction of the school board or board of trustees of any school district in which a free public library is maintained and to the support and extension of which a sum not less than three hundred ($300) dollars is expended annually, the two next preceding sections shall be inoperative. ARTICLE VI. DISTRICTS CONTAINING MORE THAN ONE HUNDRED FIFTY PUPILS. SECTION 6798. District board. 6799. Officers of board. SECTION 6800. Powers of trustees. 680 1 . Annual statement. 6798 Sec. 99. District board. Any district containing more than one hundred and fifty children, between the ages of five and twenty-one years, may elect a district board consisting of six trustees; Provided, The district shall so determine at an annual meeting by a vote of a major- ity of the voters attending such meeting. When such change in the dis- trict board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose term of office shall be three years, and until their successors shall have been elected and qualified. Provided, that in any such school district containing within its boundaries a village having a population of more than five hundred inhabitants, the members of such school district board shall be elected at the regular village election of such village, upon a separate ballot by the qualified voters of such school district, as defined by this chapter. The conduct of such election and the method of placing the names of candidates upon such ballot shall be governed by the primary and general election laws in so far as the same may be applicable hereto. (Senate File No. 259, Session 1917.) After a school district has once been legally organized under subdivision 6 of the School Laws, the mere fact that the enumeratipn of pupils falls below 150 would not of itself destroy the organization as a high school district. In the formation of a high school district, it is necessary to re-organize and elect an entire new set of trustees. The change from a primary to a high-school district can be made only by a vote at the annual district meeting. The change from a high school district back to a primary district follows the same rules as from the primary district to the high school district and can only be made at the annual meeting. The official terms of the old board expire on the second Monday of July following the election of the new board of trustees. 17 Neb., 556. 6799 Sec. 100. Officers of board. Within ten days after their election, such trustees ahall file with the directors a written acceptance of the office to which they have been elected, and shall annually elect from their own number a moderator, a director and a treasurer, and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary 50 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that may occur in their number until the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual report shall appoint such officers from the members of said trustees. In a board of six members it requires the affirmative vote of four member* to elect teach- ers, fill vacancies in the membership of the board and make any appropriation of money. 6800 Sec. 101. Powers of trustees. The trustees shall have power to classify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in the district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necessary for the several schools of said district; to prescribe courses of study and textbooks for the use of such schools; and to make such rules and regulations as they may think needful for the government of the schools and for the preservation of the property of the district, and also to determine the rates of tuition to be paid for non-resident pupils attending any school in the district except non-resident pupils attend- ing the high school without charge. Power given to enforce reasonable rules. Report Cards. 35 Neb., 1. Selection of studies by the parent. 31 Neb., 552. 6801 Sec. 102. School districts of more than one hundred and fifty pupils; annual statement; tax; bonds. The said Trustees shall present at each annual meeting a statement in writing of all receipts and expenditures on behalf of the district, for the preceding year, and of all funds then on hand, and an' estimate of the amount necessary to" be raised by the district, in addition to the money to be received from the primary school fund and other sources, for the support of the schools of said district for the ensuing year, and for incidental expenses thereof and the. said dis- trict may, at the annual meeting, vote such sums to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof, for the ensuing year. The amount of money so voted as being necessary for the maintenance of the schools for the ensuing year shall be certified by the district school board to the county clerk of the county in which such school district is located, and the amount so certified shall be levied by the county board on the assessed value of the school dis- trict, and be collected as other taxes: Provided, the amount so levied shall not exceed in any one year, thirty-five mills on the dollar of the assessed valuation in such school district. Provided, That a levy not exceeding 100 mills may be made after submitting the proposition of the increased levy at an election called for the purpose or at any regular election, notice whereof shall have been given for at least twenty (20) days in one or more papers published in the district or county to the qualified voters of the district, and if sixty (60) per cent of the votes cast at such election shall be for the proposed increased levy, the board may make the levy in such amount as may be named in the election notice. Provided, that 'in addi- tion to the foregoing, a tax to create a special fund for the erection THE NEBRASKA SCHOOL LAWS 51 COMPILED BY K-B PRINTING CO., OMAHA. of a schoolhouse in said district may be levied when authorized by a majority of the qualified electors voting in any special or regular meeting or election called or held after such proposition including the sum to be raised or the amount of the tax to be levied, the period of years and the whole regulation including the time of its taking effect or having operation has been stated in the notice of any such meeting or election, and if a majority of the qualified electors at any such meeting or election vote in favor thereof, the record of the meeting or election shall be certified to the county board, which upon being satisfied that all the requirements have been substan- tially complied -with, shall cause the proceedings to be entered up- on the record of the county board and shall make an order that the levy be made in accordance therewith, and collected as other taxes. The provisions of sections 75, 76, 77 and 78 of Chapter 8 of the revised statutes of 1913 relating to special funds for erection of court houses shall apply so far as practicable to the procedure under this section, the school board of district trustees having power to contract for the erection of the proposed building under the same restrictions as the county board in case of the erection of a court house and any residue of such tax going into the school district general fund: Provided further, the amount of such special tax so levied shall not exceed ten mills on the dollar valuation above the amount allowed by law for general school purposes, and the total amount voted for the period of years shall not exceed ten per cent of the assessed valuation of the school district: Provided further, if a majority of the qualified electors vote in favor thereof, the school board may at once proceed to carry out the purpose of the levy, and to do so, are hereby authorized to issue warrants, as needed, not to exceed eighty-five per cent of the amount raised by the levy, against the fund voted, and the interest on any such warrants shall be paid annually. The board of education may borrow money upon bonds which they are hereby authorized and empowered to issue, bearing a rate of interest not to exceed 6 per cent per annum, interest payable annually or semi-annually at such place as may be mentioned upon the face of the bonds which loan shall be paid and reimbursed, in a period of not exceeding thirty years from the date of said bonds, and, the same shall be paid from the proceeds of a special levy for that purpose. Provided, no bonds shall be issued nor the question of issue submitted to the voters without the consent of two-thirds of the members of the board of education and offered in the open market and sold to the highest bidder for not less than par value on the dollar; and pro- vided, further, no bonds shall be issued by the board of education without first submitting the proposition of issuing the bonds at an election called for that purpose, or at any regular election, notice whereof shall be given for at least twenty (20) days in one or more papers published within the district or county to the qualified voters of the district and at such election, there shall be submitted to the qualified voters the question of the issuance of bonds of the district and if a majority of the ballots cast at such election shall be for issuing bonds, the board may issue bonds in such amount as 52 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. may be named in the election notice, not exceeding thirty per cent of the assessed valuation of the last completed assessment. Sec. 2. Where bonds have been heretofore issued by any school dis- trict having more than one hundred fifty pupils for any or all of the pur- poses hereinbefore mentioned, and the procedure provided in Chapter 121 of the Session Laws of Nebraska for 1917 has been complied with, and said bonds do not exceed in amount thirty (30) per cent of the last completed assessment of the school district issuing same, said bonds so issued are hereby declared to be the valid and legal obligation of the school district that issued same. House Roll No. 217, Session 1919. Emergency. ARTICLE VII. RURAL HIGH SCHOOLS. SECTION 6802. Rural High School. 6803 . Proposition submission adoption. 6804. Establishment completed name. 6805. Enlargement of district. 6806. Trustees government. 6807. Same lease or purchase of building. SECTION 6808. Powers and duties of officers. 6809. Trustees establish and maintain high school. 6810. Expense of maintaining. 6811. Bonds when issued. 6812. Provision and terms. 6802 Sec. 103. Rural high school. Any two or more adjoining school districts in any county of this state which are not able or do not deem it expedient to maintain a school of more than eight grades may unite for the purpose of forming one high school district and maintaining one high school as hereinafter provided. 6803 Sec. 104. Proposition submission adoption. Whenever the proposition so to unite shall be submitted by action of ten or more qualified electors to the regular annual meeting of each district proposed to be so joined in such high school district, or at a special meeting called for that purpose, as provided by law, the proposition shall be submitted to the electors at that meeting. Those adjoining districts in which a majority of the votes of each district cast on the proposition to be united for high school purposes, are cast in favor of the proposition, shall thereby be organized as a rural high school district, and the directors shall so notify the county clerk who shall cause the fact to be entered on the public records. 6804 Sec. 105. Establishment completed name. When any two or more adjoining school districts in any county shall have voted to unite for high school purposes, the officers thereof shall certify the fact to the county superintendent of the county, who shall thereupon give to such high school district so formed an appropriate name, not borne by any other school dis- trict or high school district in the county, and it shall thereafter be known by THE NEBRASKA SCHOOL LAWS 53 COMPILED BY K-B PRINTING CO., OMAHA. such name as the high school district of county, Ne- braska. Where the majority of votes of each district are cast for such a union of districts and such high school is established, no district can withdraw its support from the union without the mutual consent of all the districts ex- pressed by the majority vote of each. 6805 Sec. 106. Enlargement of district. After any such school dis- trict has been established, if any adjoining common school district shall, by a majority vote of the qualified voters therein at any annual or special meet- ing, express a desire to unite with and be included in such high school district for the benefits thereof, it may be done: Providing, this proposition is ac- cepted by a majority vote of all qualified voters at an annual or special meet- ing in a majority of the school districts so united, or if but two districts, in each. Notice of such acceptance, by the president of the high school district to the moderator of the common school district, shall operate as official proclamation of the incorporation of the common school district in and part of the high school district. Annual meeting. The annual meeting of each rural high school district shall be held at the schoolhouse, if there be none at some other suitable place within the rural high school district, on the first Monday in June of each year. Each trustee elected, as hereinafter provided, shall take possession of office upon his filing a written acceptance with the clerk of the board within ten days after his election. House Roll No. 683, Session 1917. 6806 Trustees and government. The governing body of each rural high school district shall consist of three trustees to be chosen at the annual meeting of such high school district by the electors of all the dis- tricts united for high school purposes. At the first annual meeting in each rural high school district following the passage of this act, there shall be one trustee elected by the qualified electors of the rural high school dis- trict for the term of one year; one trustee for the term of two years; and one trustee for the term of three years; and at each annual meeting there- after one trustee shall be elected for the term of three years. Upon the or- ganization of a rural high school district, the county superintendent of the county in which the district is organized shall appoint a board of trustees to hold office until the next annual meeting when a new board of trustees shall be elected as above provided. Provided, this act shall not operate to vacate the office of any trustee prior to the first annual meeting following the adoption of this act. House Roll No. 683, Session 1917. 6807 Sec. 108. Same lease or purchase of building. The trustees shall have all the power of school boards of school districts in this state with reference to the lease, purchase, acquisition or disposition of buildings, sites and property for school purposes : Provided, where the provisions j>f law require the consent or authority or direction of the school district, the trustees may be authorized by the votes of meetings of a majority of the districts so united, or if the districts are two only, of each of them. 6808 Powers and duties of officers. The trustees shall annually, subsequent to the annual meeting of the rural high school district, elect from their number a chairman, a clerk and a treasurer. They shall also 54 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. have power to fill any vacancy that may occur in their number until the same can be regularly filled. The powers and duties of the chairman, clerk and treasurer, respectively, of such board of trustees, shall be the same, as near as may be, of those of the moderator, director and treasurer, respec- tively, of a school district as fixed in Article IV of this chapter, except that no census of such high school district shall be required to be taken and that contracts with teachers shall require the sanction of a majority of the trustees. House Roll No. 683, Session 1917. 6809 Site. The qualified voters in each rural high school district, when lawfully assembled at the annual meeting of such district, shall have power to adjourn from time to time to designate a site for a schoolhouse by a vote of two-thirds of those present, and to change the same by a similar vote at any such annual meeting. Provided, notices of a proposed change of site shall be posted for fifteen days prior to annual meeting in three con- spicuous places in the district, one of which notices shall be placed on the main entrance of the schoolhouse. House Roll No. 683, Session 1917. 6810 Sec. 111. (a) Expense of maintaining. The expenses of maintaining such high schools shall be borne by the districts united for that purpose, in proportion to their assessed valuation. To that end, the trustees shall, prior to the annual meeting herein provided, prepare an estimate of the sums required for the maintenance of the high school during the coming year and present such estimate for adoption to the electors at such annual meeting. The estimate of expense of maintaining such high school, adopted by the electors at such annual meeting shall be certified by the trustees to the county clerk and county superintendent of the county in which such high school district is situated, and the board of county com- missioners shall make a levy upon all of the property within such high school district sufficient to raise by taxation the amount of the estimate adopted. House Roll No. 683, Session 1917. (b) All rural high school districts which are now or hereafter established with suitable grounds and a two room school building and the necessary de- partments and equipment for teaching agriculture and home economics or other industrial and vocational subjects and employing teachers holding a certificate showing their qualifications to teach said subjects, and in which said subjects are provided as a part of the regular course in such schools, sub- ject to the approval of the superintendent of public instruction, shall be awarded and paid from the state treasury, from moneys not otherwise ap- propriated, the sum of $100 toward the equipment required, and the further sum of $150 annually. (c) All rural high school districts which are now or hereafter established with suitable grounds and a three room building and the necessary depart- ments and equipment for teaching agriculture and home economics or other suitable and vocational subjects and employing teachers holding certificates showing their qualifications to teach said subjects, and in which said subjects are provided as a part of the regular course in such schools, subject. to the approval of the superintendent of public instruction, shall be awarded and THE NEBRASKA SCHOOL LAWS 55 COMPILED BY K-B PRINTING CO.,OMAHA. paid from the state treasury, from moneys not otherwise appropriated, the sum of $150 toward the equipment required and the further sum of $200 annually. (d) All rural high school districts which are now or hereafter estab- lished with suitable grounds and a four or more room school building and the necessary departments and equipments for teaching agriculture and home economics or suitable vocational subjects and employing teachers holding certificates showing their qualifications to teach said subjects, and in which said subjects are provided as a part of the regular course in such school, sub- ject to the approval of the superintendent of public instruction, shall be awarded and paid from the state treasury, from moneys not otherwise ap- propriated, the sum of $250 toward the equipment required and the further sum of $300 annually. (e) Tuition of non-residents Course of study. The trustees shall have authority together with the state superintendent of public in- struction to determine the qualifications for admission to such high school, to employ all necessary teachers, to purchase text books and supplies and to make such rules and regulations as they may think needful for the gov- ernment of such school and for the preservation of the property of such high school district; Provided, the course of study shall conform to the general course of study and gradation prescribed by the state superin- tendent of public instruction, which he is hereby authorized to prescribe and to make for all high schools maintained under the provisions of this article. The rate of tuition for non-resident pupils shall be the same as provided by law for non-resident pupils attending under the free High School act. House Roll No. 683. Session 1917. 6811 Sec. 112. Bonds when issued. When authorized by a two- thirds majority vote of all qualified voters present at an annual or special meeting in a majority of the school districts so united, or if there be but two districts so united, in each, the trustees may issue and negotiate the bonds of such high school district for the purpose of raising money to provide for the erection and furnishing of the improvement of a high school building. The bonds so issued shall not when added to the aggregate of the bonded in- debtedness of the several school districts so united for high school purposes exceed ten per cent of the aggregate assessed valuation of the several school districts as shown by the last preceding assessment. 6812 Sec. 113. Provision and terms. The bonds shall conform to, and their payment, cancellation, refunding and the application of the pro- ceeds thereof, shall be governed by and as provided for in several provisions of Article VIII of Chapter 8 of the Revised Statutes. Section 1. Highways leading to rural schools. The board of coun- ty commissioners or supervisors of each county shall, within one month after the taking effect of this act, select and designator from the laid-out and platted public roads within the county certain roads to be known as "county roads," which shall be direct high- ways leading to and from rural schools where ten or more grades are being taught, also highways connecting cities, villages and market centers, and shall be main traveled roads. As soon as said 56 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. county roads are so designated, the board of county commissioners or supervisors shall cause said county roads to be plainly marked on a map, and said map shall be deposited with the county clerk, and shall be open to public inspection. Upon filing said map the county clerk shall at once fix a date of hearing thereon, which shall not be more than twenty (20) days, nor less than ten (10) days, from said date of filing and notice of the filing of said map and of the date of said hearing shall be published in one issue of each newspaper published in the English language, in said county. At any time before said hearing is concluded any ten freeholders of the county may file a petition with the county clerk asking for any change in said designated roads, setting forth the reason for the proposed change, accompanied with a plat showing such proposed change. If no agreement is reached between the county board and the petitioners at said hearing, the county clerk shall forward said map, together with all petitions and plats, if any, to the State Board of Irrigation, Highways and Drainage. If no objections are filed and no hearing had, or if an agreement is reached, the roads so des- ignated on said map shall be conclusively established as such county roads. Senate File No. 260. Session 1919. ARTICLE VIII. FREE HIGH SCHOOL EDUCATION. SECTION 6813. High school grade defined course of study rules of admission. 6814. Tuition charges. 6815. Application of parent or guardian estimate of County Supt. levy. SECTION 6816. District board deliver estimate of levy to County Clerk. 6817. Same County Superintendent. 6818. No levy. 6813 Sec. 114. High school grade defined course of study rules of admission. Provision is hereby made for four years of free public high school education for all the youth of this state whose parents or guardians live in public school districts which maintain less than a four- year high school course of study, on the following conditions, to wit: . First For the purposes of this article all grades above the eighth grade in any public school districts of this state shall be deemed high school grades. The course of study for the first eight grades in common schools shall be composed of the following subjects: Agriculture, Book- keeping, Civics, Drawing, Arithmetic, English Composition, Geog- raphy, Grammar, History, Mental Arithmetic, Orthography, Pen- manship, Physiology, Reading. The State Superintendent with these subjects for a foundation shall lay out a feasible course of study adapted to rural school conditions keeping in view the good THE NEBRASKA SCHOOL LAWS 57 COMPILED BY K-B PRINTING CO., OMAHA. of a thorough education for the child in these branches rather than to the completion of the course in a given number of years. Every pupil after taking this course of study may by applying to the County Superintendent take examination in these subjects, such examination to be held at a time and place designated by the County Superintendent and held by him or his assistant, and at no time shall be held by a teacher any of whose pupils are taking the examination. The questions used in such examination shall be furnished by the State Superintendent and be the same in all counties each year. The county superintendent at the close of such examination shall after ascertaining that the name of the pupil is not written on any examination paper, record each set of papers by name and also by number, after which such papers shall be turned over to the Examining Board who shall consider the papers by number only. Said Board to be appointed by the county super- intendent and shall consist of at least five competent examiners with qualifications at least equal to those required for a second grade county certificate. Each member of said examining board shall give careful consideration to the grading of each paper, ex- pense of such grading to be paid out of the general fund of the county, and if such pupils shall have passed with an average of seventy-five per cent in the subjects named in this chapter, no subject less than sixty per cent, the County Superintendent shall issue a certificate stating the pupil is entitled to free high school tuition, providing the ninth grade is not being taught in the dis- trict where pupil's parents or guardians reside. The course of study for the high school grades shall be the Nebraska High School Manual issued jointly by the University of Nebraska and the State Superintendent of Public Instruction. Second Every pupil to be entitled under the provisions of this article of free public high school education in the ninth grade of any public school district maintaining such grade, must have a statement signed by the county superintendent that he has passed the necessary examination with a 75 per cent average in all subjects required for a second grade certificate, viz.: Agriculture, Bookkeeping, Civics, Drawing, Arithmetic, English Composition, Geography, Grammar, History, Mental Arithmetic, Orthography, Penmanship, Physiology, Read- ing, and that he is unable to secure ninth grade work in the public school district of his residence. Third Every pupil to be entitled under the provisions of this article to free public high school education in the tenth grade of any public school dis- trict maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the ninth grade as set forth in the first condition of this section and that he is unable to secure tenth grade work in the public school district of his residence. Fourth Every pupil to be entitled under the provisions of this article to free public high school education in the eleventh grade of any public school district maintaining such grade must have a certificate signed by the county 58 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. superintendent of the proper county that he has completed the course of study for the tenth grade as set forth in the first condition of this section and that he is unable to secure eleventh grade work in the public school district of his residence. FifthEvery pupil to be entitled under the provision of this article to free public high school education in the twelfth grade of any public school district maintaining such grade must have a certificate signed by the county superin- tendent of the proper county that he has completed the course of study for the eleventh grade as set forth in the first condition of this section and that he is unable to secure twelfth grade work in the public school district of his residence. Sixth Every non-resident pupil attending any public school under the provisions of this article shall have the same rights and shall be subject to the same rules and restrictions which govern resident pupils attending such public school. Any public school district unable to furnish accommodations to non-resident pupils without constructing or renting additional buildings, hiring extra teachers, or for other reasonable cause, may refuse admission to any or all such non-resident pupils. Senate File No. 85, Session 1919. 6814 Sec. 115. Tuition charges. Every public school district granting free public high school education to non-resident pupils under the provisions of this act shall receive the sum of one dollar and fifty cents for each week's attendance by each non-resident pupil from the public school district in which the parent or guardian of such non-resident pupil maintains his legal residence, at the time the application is made and such public school district is hereby made liable for the payment of such tuition Provided, however, that if such school district in which the parent or guardian of such non-resident pupil maintains his legal residence is not able to maintain nine months of school out of its own resources after levy- ing the full amount of taxes it is permitted by law to levy for school pur- poses, together with the apportionment from the state school fund, then and in that case, said district shall not be liable for such tuition. When any parent or guardian residing in a public- school district granting free public high school education shall change his legal residence during any school year from such school district to another public school district, which does not furnish free public high school education, the child or children of such parent or guardian may continue to attend for the balance of the school year, the high school in such district granting free public high school education without the payment of any tuition by the parent or guardian or by the school district to which such parent or guardian has changed his legal residence. Provided that when any such child shall be a bona fide resident of the high school district, no tuition shall be charged such child. Senate File No. 48, Session 1'919. 6815 Sec. 116. Application of parent or guardian estimate of county superintendent levy. The parent or guardian of any pupil desiring to take advantage of the provisions of this article for free high school education shall make application, in writing, to the county superintendent of the proper county not more than forty days before the second Monday in June of each THE NEBRASKA SCHOOL LAWS 59 COMPILED BY K-B PRINTING CO., OMAHA. year. Such application must show the number of the public school dis- trict in which the parent or guardian maintains his legal residence, the num- ber of pupils for whom free high school education is desired, and the high school grade which each pupil is to enter. It shall be the duty of the county superintendent to make and deliver to the director or the secretary of the board of education of such public school district on or before the annual meeting of each year an itemized estimate of the amount necessary to pay the tuition of all pupils in that district entitled to and for whom proper application has been made for free high school education as in this article provided. Such estimate shall show definitely the number of pupils for whom proper application has been made for free high school education and the grade each pupil is to enter. The director or the secretary of the board of education of such public school district shall include the estimate for free high school education in his itemized estimate which he is required to pre- sent at each annual school district meeting as provided in section 41, in this chapter. The legal voters at the annual school district meeting each year shall determine the amount of money required for free high school education during the coming school year as in this article provided, which shall be an amount sufficient to provide free high school education in accordance with the estimate furnished the annual school district meet- ings by the director or secretary of the board of education as herein re- quired, and the amount of money so required shall be levied as a tax upon all the taxable property of the school district. Immediately after the annual school district meeting and not later than the first Monday in July the dis- trict board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of such public school district is situated reports in writing, of all the taxes, including the tax necessary for free high school education as in this article provided, voted by the public school district for the coming school year, to be levied, on all the taxable property of the district and to be collected by the county treasurer as provided in section 83 of this chapter. The tax for free high school education, when collected, shall constitute a fund to be known as the "Free High School Fund" and shall be placed to the credit of each public school district in which such tax is levied. Money belong- ing to the Free High School Fund of any public school district shall be paid out by the county treasurer to the treaourer of the public school district earning such tuition at the end of each school term upon an order signed by the direc- tor and countersigned by the moderator of the public school district liable for such tuition, drawn against the fund. Money remaining in the Free High School Fund of any^district at the end of each school year after the purpose for which it was raised has been accomplished and after all debts for which the fund is liable have been discharged shall be transfered by the county treasurer to the general fund of each district. House Roll No. 61 Emergency. If a school district fails to vote the necessary high-school tax, or the district board fails to make the necessary report to the county superintendent, it becomes the duty of the county superintendent to make and deliver such report to the county clerk whose duty it is to make the required levy the same as though the tax had been voted at the annual school district meeting. The neglect of the parent to discharge his duty means the loss of free high-school privi- leges for his children for the ensuing year. 60 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. All the parent needs to decide is that free high-school privileges are desired for the ensu- ing year. If proper application is made, the parent or guardian may later make choice of place of attendance. A pupil seeking free high school tuition must be a resident of the district at the time of the annual meeting, and must at that date have the county superintendent's certificate that he has completed the school work of such district. Otherwise, a district is not legally answerable for his tuition. 6816 Sec. 117. District board deliver estimate of levy to county clerk. If the annual school meeting in any public school district wherein there are pupils entitled to and desiring free high school education as in this article pro- vided neglect or refuse to vote the necessary tax therefor, the school district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of the school district is situated, not later than the first Monday in July, an itemized estimate of the amount necessary to be expended during the ensuing school year for free high school education by such public school district. It shall be the duty of the county clerk to levy such tax on all the taxable property of such public school district the same as though said tax had been voted by the annual school district meeting, to be collected and disbursed by the county treasurer as provided in the next preceding section. 6817 Sec. 118. Same county superintendent. If the district board or board of education of any public school district wherein there are pupils entitled to and desiring free high school education as in this act provided neglect or refuse to make and deliver the required estimate as set forth in the next preceding section, the county superintendent of the proper county shall make and deliver to the county clerk of each county in which any part of such public school district is situated, not later than the first Monday in August following the annual school district meeting, an itemized estimate of the amount necessary to be expended by such public school district during the ensuing year for free high school education. It shall be the duty of the county clerk to levy such tax on all the taxable property of such school district the same as though such tax had been voted by the annual school district meet- ing, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid out as provided in the second next preceding section. 6818 Sec. 119. No levy. In a public school district in which in any year there are no pupils entitled to and desiring free high school educa- tion as in this act provided no tax shall be levied for such purpose in that year. THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 01 ARTICLE IX. COUNTY HIGH SCHOOLS. SECTION 6819. Establishment. 6822. Governing board. 6823. Powers of board teachers estimate. 6824. Record of board. 6825. Treasurer duties claims. 6826. Rules and regulations. 6827. Board compensation meetings. SECTION 6828. Certificates and diplomas. 6829. Morals of pupils. 6830. When district property not taxed. 6831. Tuition. 6832. Bonds. 6833. Who can vote on high school proposition. 6835. Schools County High. 6819 Sec. 120. Establishment. A County high school shall be estab- lished by every county in which there is not now located a twelfth grade high school accredited to the state university in the manner hereinafter prescribed for the purpose of affording better education facilities for pupils who have advanced beyond the eighth grade. For the purpose of this article all grades above the eighth grade in any public school district in this state shall be deemed high school grades. The course of study for the high school grades shall be the Nebraska high school manual issued jointly by the University of Nebraska and the state superintendent of public instruction, or a course of study approved by the state superintendent of public instruction; and, in addition thereto, there shall be taught and practiced in the ninth and tenth grades, manual training, domestic science and the elements of agriculture and in the eleventh and twelfth grades normal training and the theory and practice of agriculture. For the purpose of such teaching and practice the board of regents is hereby authorized to purchase the necessary apparatus and materials. The county board shall purchase a tract of land not less than five acres conveniently situated near said county high school, for actual prac- tice by all the students or a part of the students, under the direction of a com- petent instructor, for experimentation in all forms of agriculture. Sec. 120a. Compulsory, where. The county board of any county in this state that does not have organized within the borders of such county, a twelfth grade high school accredited to the State University, shall be deemed authorized and it shall become their duty on the first Monday of June to call a meeting of all the directors of the several school districts in the county to meet at the county seat to elect a board of regents in accordance with the provisions of law governing boards of regents for county high schools and which provisions shall apply to a school organized by the county commis- ioners or supervisors the same as if organized as now provided for by law. The county high school herein provided for by law shall be located at the county seat of such county. 6822 Sec. 123. Governing board. The board of such county high school shall consist of five members, to be known as the board of regents. Three members of the board shall be elected as follows: The directors of the various school districts shall meet in the office of the county superintendent of public instruction on the last Saturday in June, following the establishment of 62 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. any such school, and there choose by ballot a board of three regents, one to serve for the term of one year, one for the term of two years, one for the term of three years; and one shall be chosen annually thereafter whose term of office shall be for three years or until his successor is elected and qualifies. The board of regents shall have power to fill any vacancy that may occur in their number until the next annual school meeting. The county treasurer shall by virtue of his office be the treasurer of the board. The county superintendent of public instruction shall by virtue of his office be the secretary of said board. 6823 Sec. 124. Powers of board teachers estimate. The board of regents shall have power to employ a superintendent for a term of three years and assistant teachers for a term of two years, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, by a majority vote, to adopt books and purchase fuel. They shall annually during the month of June make an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds required for the purpose of school sites, the erection of school build- ings, the payment of interest on bonds issued for school purposes and the creation of a sinking fund for the payment of such indebtedness, and the county board when sitting as a board at the time provided by law for levying taxes, are hereby authorized and required to levy the tax recommended by the board of regents the same as other taxes are levied. But in no case shall the aggregate tax for the county high school, exclusive of the levy for pay- ing the principal and interest of bonds, exceed eight mills upon each dollar of assessed valuation of the property of the county. Senate File No. 110 Session 1919. Emergency. 6824 Sec. 125. Record of board. It shall be the duty of the secretary of the board of regents to keep an exact and detailed account of the doings of the board in a book kept for that purpose and such other matters as may be provided by law, and shall make reports as provided by law. 6825 Sec. 126. Treasurer duties claims. The treasurer shall keep separate and apart the proceeds of the tax levied for the support and mainten- ance of the county high school a fund to be known as the high school fund, and shall only pay out the same upon warrants duly issued against the high school fund, when signed by the president of the board of regents, countersigned by the secretary of the board and attested by the seal of the county. The board of regents shall not allow any claims or demands against such funds unless the same be duly verified. The preservation and disbursement of such high school fund is hereby made a part of the duty of the county treasurer within this state, and he shall be liable upon his official bonds the same as for any other moneys now held in his hands by virtue of said office. 6826 Sec. 127. Rules and regulations. The board of regents shall make all needful rules and regulations for the discipline, careful preservation of the school buildings, furniture, apparatus, grounds, and all other property belonging to the school. All teachers and other subordinates in the school shall be under the direction of he superintendent elected by the board of regents, subject to the general control and regulation of such board. THE NEBRASKA SCHOOL LAWS 63 COMPILED BY K-B PRINTING CO., OMAHA. 6827 Sec. 128. Board compensation meetings.^-The board of re- gents shall receive no compensation for their services except for actual ex- penses incurred in attending upon meetings. The treasurer and the secretary shall have a vote upon matter pending before the board. The board of regents shall meet annually on the second Tuesday after the first Monday in July, at which time they shall elect a president from among their own number, but special meetings may be held at any time at the call of the president of such board. 6828 Sec. 129. Certificates and diplomas. The board of regents is hereby authorized to issue certificates and diplomas when any student com- pletes a prescribed course of study in a satisfactory manner, and the same shall have such force and effect as may be determined by the state superin- tendent of public instruction to entitle the holder to teach in any of the schools of the county without further examination for the space of three years. 6829 Sec. 130. Morals of pupils. The board of regents, in their rules and regulations, and the superintendent elected by the board, in his super- vision and government of the school, shall exercise a watchful guardianship over the morals of the pupils. 6830 Sec. 131. When district property not taxed. Whenever the proper officers of any rural high school, or city or village high school, shall certify to the Board of Regents on or before the fifteenth day of June of each year that the course of study beyond the first ei&ht grades has been prescribed for the school for the ensuing year then all of the property within such district or districts shall be omitted from the levy of the tax for the support and maintenance of the county high school for the ensuing year and such property shall also be omitted from the levy of any tax to pay the principal or interest of any bonds that may, subsequent to such notice, have been issued for school district purposes. Senate File No. 110, Session 1919. Emergency. 6831 Sec. 132. Tuition. Tuition shall be free to all pupils residing in the county where the school is located, but if at any time the school can accommodate more pupils than appiy for admission from the county in which the school is situated, the board of regents may admit pupils from without the county upon the payment of such tuition as the board of regents may prescribe. Such pupils, so admitted, shall be subject to the same rules as to discipline as are resident pupils. Where there is no incorporated town or village in the county, the electors of that county may locate the county high school at the most convenient and accessible point in the count, y 6832 Sec. 133. Bonds County high school, etc. The County board may borrow money upon bonds which they are hereby authorized and empowered to issue, for the purpose of purchasing a site and lands to be used for experiment purposes, erecting suitable buildings and furnishing and equipping the same for such county high school. Such bonds to bear interest at a rate not exceeding six per centum per annum, payable annually or semi- annually at such place as may be designated in said bonds; which loan shall be paid and reimbursed in a period not exceeding thirty years from the date of the bonds. Said bonds may be made optional on any interest paying date. Provided no bonds shall be issued until a petition signed by at least one-third 61 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of the qualified voters as defined in the next following section of the county shall be presented to the County Board asking that the question of issu- ing such bonds be submitted in such county, which petition shall set forth the amount to be voted, which amount shall not exceed ten per cent of the assessed valuation of the taxable property of such high school district at the last completed assessment, the time the bonds are to run, rate pf interest and purpose of issue. Upon the filing of such petition the County Board shall call an election in the county, notice of which election shall be given by at least twenty days publication of the same in at least one newspaper published in the county and the posting of copies of the same in at least three public places in each township or precinct. The notices shall set forth the proposi- tion in full and the time and place for holding such election in each precinct or township. The vote shall be by ballot and if sixty per cent of all the ballots cast at such election shall be in favor of the proposition the County Board shall be empowered to issue and negotiate the bonds. The clerks and judges of election shall be those appointed to act at the general election. The returns of such election to be made to the County Board and the County Board shall canvass and declare the result of such election. Said bonds to be signed by the Chairman of the County Board and the County Clerk and be attested by the seal of the county, and when issued the same shall be sold in open market to the highest bidder for not less than their par value. House Roll No. 104. 6833 Sec. 134. Who can vote on high school proposition. Every person, male or female, living in that portion of the county that maintains the county high school, and who has resided in the state for six months and in the county forty days and in the precinct or township ten days and is twenty-one years old, and who owns real or per- sonal property that was assessed in the county in his or her name at the last annual assessment, or, who has children of school age residing in the voting precinct of his or her residence, shall be entitled to vote on the questions of establishing a county high school, voting honds for the same and all other questions relative to the county high school. Senate File No. 110, Session 1919. Emergency. 6835 Sec. 136. Schools county high. The county board of any county in this state that does not have organized within the borders of such county a twelfth grade high school accredited to the state univer- sity, shall be deemed authorized and it shall become their duty on the first Monday of June to call a meeting of all the directors of the several school districts in the county to meet at the county seat to elect a board of regents in accordance with the provisions of law governing boards of regents for county high schools, and which provisions shall apply to a school organized by the county board the same as if organized as now provided for by law. The county high school herein provided for by law shall be located at the county seat of such county. THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 65 ARTICLE X. NORMAL TRAINING IN HIGH SCHOOLS. SECTION 6836. Purpose. 6837. State Supt. designates high schools. 6838. Admission regulations. 6839. Requirements of normal high school training. SECTION 6840. Support of normal training. 6841. Expenses of inspection. 6842. Reports and warrants 6836 Sec. 136. Purpose. For the purpose of giving teachers an opportunity to meet the requirements in normal training as provided in sec tions 151 and 152 of this chapter, provision is hereby made for such training in the high schools of Nebraska. 6837 Sec. 137. State superintendent designates high schools. The state superintendent of public instruction shall designate the high schools in which such instruction shall be given, distributing them among the sixty- seven representative districts of the state, as nearly as may be, having reference to the number of representatives in each, and to the location and character of the high schools selected. 6838 Sec. 138. Admission regulations. The state superintendent shall prescribe the conditions of admission to the normal training classes, the course of instruction, and the rules and regulations under which such instruction shall be given. 6839 Sec. 139. Requirements of normal high school training. In approving a high school for normal training as contemplated in this article, the state superintendent shall be governed by the following general require- ments, except that in any county not having a high school which can qualify under these requirements the state superintendent of public instruction may designate a high school of lower grade for giving such normal training. First. A high school in order to be approved for normal training must be a school accredited to the University of Nebraska. Second. At least two teachers exclusive of the city superintendent shall give their entire time to instruction in high school branches. Third. Normal training as provided in this article shall be given in the eleventh and twelfth grades. Credit for such training shall be given upon the completion of the prescribed course in normal training and the regular high school course of study. Fourth. The course in normal training shall be elective, and_ shall consist of the three following lines of study: (a) A review for at least nine weeks in each of the following subjects reading, grammar, arithmetic, and geography to be given not earlier than the eleventh grade. This work shall include subject matter, underlying principles and methods of teaching, and should enable the student to approach 66 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. the subject from the standpoint of teacher as well as that of student. It shall be given by well trained, experienced teachers. (b) A study of American history for at least one semester in the eleventh <5r twelfth grade. (c) At least seventy-two periods of professional training to include a study of methods, school management, observation work, etc., to be given in the senior year by the city superintendent of schools or by a member of the high school faculty recommended by him and approved by the state superin- tendent of public instruction. Fifth. Schools offering this course shall have a reference library of at least three volumes on each of the folio wing fields of professional study history of education, principles of education, methods, and special training in indus- trial education, including agriculture. Sixth. In case elementary agriculture is not in the regular course of study it shall be required in the course in normal training. Seventh. Every high school approved for normal training shall instruct a class of not less than ten, and every student admitted to such class shall continue under instruction not less than eig hteenweeks in order to be counted in such class. 6840 Sec. 140. Support of Normal Training. The sum of one thousand ($1,000.00) dollars forthebiennium shall be paid from the appro- priation made for that purpose to each school district in which a class of not less than ten is organized and instructed in accordance with the provisions of this act; Provided, that funds derived from this appropriation shall be devoted exclusively to the payment of a salary of a special instructor or supervisor of Normal Training subjects who has the qualifications prescribed by the state superintendent of public in- struction. House Roll No. 268, Session 1919. 6841 Sec. 141. Expenses of inspection. The appropriation provided by this article for instruction in high schools of students in the science and practice of common school teaching shall be deemed to include and shall include due inspection and supervision of such instruction by the state super- intendent of public instruction, and the expenses of such inspection and supervision shall be paid out of the appropriation on vouchers certified by the state superintendent. 6842 Sec. 142. Reports and warrants. The secretary of the board of education of each school district meeting the requirements for normal training as herein provided shall on or before the last Monday in June of each year make a report, under oath, to the state superintendent of pub- lic instruction showing how many students have met the minimum require- ments for normal training as contemplated by this article. The state superintendent shall on or before the second Monday in July of each year apportion the money earned to each school that has fully complied with the requirements of this article. It shall be the duty of the state superintendent to certify the apportionment for the several school districts of the state to the state auditor, who shall draw warrants on the state treasurer in favor of the secretary of the board of education of the various school districts for the sums THE NEBRASKA SCHOOL LAWS 67 COMPILED BY K-B PRINTING CO., OMAHA. so specified by the state superintendent of public instruction. It shall be the duty of the state treasurer to redeem each warrant drawn on him by the state auditor and to remit the same to the secretary of the board of education of the proper school district. Sec. 142a. Agricultural high schools. Any high school accredited to the State University, consolidated rural high school, rural high school, or county high school having satisfactory rooms and equipment, and having shown itself fitted by location and otherwise to give training in agriculture, manual training, and home economics, may, upon application to the State superintendent of Public Instruction of this state be designated by him to maintain an agricultural and industrial department to consist of courses in agriculture, manual training, and home economics. Sec. 142b. Each such school shall employ a trained instructor or in- structors whose qualifications shall be fixed by said State Superintendent of Public Instruction, in agriculture, manual training, and home economics. Each school shall have connected with it a tract of land, suitable for purposes of experiment and demonstration, containing not less than five acres, which must be furnished by the school receiving such aid, and be located within the school district or within two miles of the central buildings of the school district. Sec. 142c. Instruction in such agricultural and industrial department shall be free to all residents of school age within the district. Non-resident pupils may attend such high schools in accordance with the law, rules and regulations governing free high school attendance. When necessary to accommodate a reasonable number of boys and girls, who wish to attend only in the winter months, special classes shall be formed for them. The instruction in such agricultural and industrial department shall be of a practical character, dealing with soils, crops, fertilizers, drainage, farm machinery, farm buildings, breeds of live stock, live stock judging, animal diseases and remedies, production of milk and cream, testing of same, manu- facture of butter and cheese, horticulture, gardening, plants, and such other subjects as have a direct relation to the business of farming, including book- keeping and farm accounts. It shall also include systematic courses in manual training and home economics. Sec. 142d. Each school designated to maintain an agricultural depart- ment as in this act provided for shall receive state aid not exceeding $1,250.00 per year, but in no case shall the total amount received from Ee state by any school exceed one-half of the total sum from all sources actually expended upon such agricultural and industrial departments as certified to the State Superintendent of Public Instruction. The secretary of the board of educa- tion of each such school on or before June 15th of each year shall make under oath to the State Superintendent of Public Instruction such report as said State Superintendent may require covering the conditions named in this act. Any rural school district which shall give instruction in agriculture, man- ual training, and home economics in accordance with rules and regulation? 68 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of the State Superintendent of Public Instruction and shall under this act become associated with a high school accredited to the State University, con- solidated rural high school, rural high school, county high school or any educational institution maintained by the state, which gives instruction in agriculture, manual training, and home economics equal to that required of the accredited high schools receiving aid under this act in conformity with the rules and regulations made by the State Superintendent of Public Instruc- tion, shall receive as state aid $50.00 per year. Such state aid to said asso- ciated rural school shall be granted only upon the recommendation of the superintendent of the central school with which said rural school is associated in addition to the recommendation of the county superintendent. Provided: First. That no high school accredited to the University of Nebraska receiving aid under this act shall be located in any city in which the state already maintains a permanent educational institution which gives instruction in agriculture, manual training, and home economics. Second. That not more than one high school accredited to the Uni- versity of Nebraska and two consolidated rural high schools, rural high school, or county high school in any county shall be added to the list of schools re- ceiving aid under this act in any biennium. Third. Not more than two-thirds of the appropriation which may be provided shall be used for high schools accredited to the University of Ne- braska, the balance to be reserved for consolidated rural high schools, rural high schools, county high schools, and for associated district schools. Fourth. Not more than thirty schools shall receive aid during the year 1913-1914 under this act. Sec. 142e. In approving high schools accredited to the University of Nebraska for agriculture, manual training and home economics as contem- plated in this act, the State Superintendent of Public Instruction shall be governed by the following general requirements: (a) The school shall provide an approved course in normal training for preparing teachers for rural schools. (b) At least three teachers exclusive of the school superintendent shall give their entire time to instruction in high school branches. (c) No one shall be employed as an instructor in agricultural training in any such school unless such person shall show proper certificate of gradu- ation from some agricultural college approved by the Chancellor of the Uni- versity of Nebraska, or shall be certified by the Dean of the State Agricultural College as having the necessary qualifications, or who has had a standard four-year course in agricultural training in a state normal school or in an officially recognized normal school, college or university in Nebraska. (d) At least one-third of the instruction in the industrial department of such school shall be devoted to work in agriculture, manual training, and natural sciences, or to home economics, manual training, and natural sciences. Sec. 142f. In approving consolidated rural high schools, rural high schools, and county high schools for agriculture, manual training and home THE NEBRASKA SCHOOL LAWS 69 COMPILED BY K-B PRINTING CO., OMAHA. economics, as contemplated in this act, the State Superintendent shall be governed by the following general requirements: (a) The school shall maintain at least two years of high school work and be upon the approved list of the State Superintendent of Public Instruc- tion. (b) At least two teachers shall be employed in the high school depart- ment. (c) No one shall be employed as an instructor or instructors in agr- cultural training in any such high school unless such person shall show proper certificate of graduation from some agricultural college approved by the Chancellor of the University of Nebraska, or shall be certified by the Dean of the State Agricultural College as having the necessary qualifications, or who has had a standard four-year course in agricultural training in the state normal school, or in an officially recognized normal school, college or uni- versity in Nebraska. (d) Until such consolidated high school, rural high school, or county high school shall fully comply with the provisions of section 5 of this act, it shall be eligible to receive only $625.00. Upon complying fully with the provisions of section 5 of this act, such consolidated rural high school, rural high school, or county high school shall be eligible to receive the full $1,250.00 mentioned in section 4. (e) At least one-third of the instruction in the industrial group shall be devoted to agriculture, manual training and natural sciences, or to home economics, manual training and natural sciences. Sec. 142g. The State Superintendent of Public Instruction shall ap- point an inspector of agricultural training, whose appointment shall be approved by the Chancellor of the University of Nebraska. The expenses of inspection and supervision shall be paid from the appropriation made for the maintenance of said schools, on vouchers certified by the State Superin- tendent of Public Instruction. ARTICLE XII. STATE FIRE DAY AND FIRE INSTRUCTION. SECTION 6850. State fire day. 6851 . Instructions fire danger. SECTION 6852. Distribution of law. 6850 Sec. 151. State fire day. For the purpose of creating a public sentiment, and in order that the people of this state shall have called to their attention the great damage caused, both to life and property, by fire, there is hereby set apart and established the first Friday in November which shall be designated and known as "State Fire Day." This day shall be observed by the public, private and parochial schools of the state with exercises appropriate to the subject and the day. 6851 Sec. 152. Instructions fire danger. For the purpose of in- struction in fire dangers, and in methods of fire prevention, it shall be the duty 70 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of the Chief Deputy Fire Commissioner and of the State Superintendent of Public Instruction to prepare a book conveniently arranged in chapters, or lessons, such chapters or lessons to be in number sufficient to provide a differ- ent chapter or lesson for each month of the maximum school year. The ex- pense for publishing the books of instruction, or other literature on the sub- ject of fire dangers, shall be paid out of the special fund for the maintenance o- the fire commissioner's office, and such books of instruction shall be distributedf by the state superintendent of public instruction, in quantities sufficient to provide a copy for each teacher. Every teacher or instructor in every public, private or parochial school shall devote not less than thirty minutes in each school month, to instruction of pupils in the subject of fire dangers, and in the methods of fire prevention. 6852 Sec. 153. Distribution of law. It shall be the duty of the mem- bers of school boards, school directors, trustees, or other body of persons having control of the schools of any city, village or district, to cause a copy of this act to be printed in the manual or handbook prepared for the guidance of teachers, where such manual is in use or may hereafter come in use. ARTICLE XIII. TEACHERS' CERTIFICATES. SECTION Certificates classes . State certificates. County certificates. City certificates. Professional state certificates. First grade county certificates. Second grade county certificates. Third grade county certificates. 6861. Examinations. 6862. Examinations granting certificates. SECTION Renewal of certificates. 6864. Certificate revocation. 6865. Fees for certificate support teachers' institute. Certificates registration . 6867. Fees application. 6868. High school teacher certificate quali- fications. 6869. Grade teachers in high school or city districts. Section 1. Certificate Classes. Teachers' certificates issued by authority of the State of Nebraska, and entitling the holder thereof to teach in the public, private, denominational, and parochial schools of this state shall consist of two principal classes, viz: County certificates and State certificates. Sec. 2. County Certificates. County Certificates shall consist of two grades, viz: First, the second grade county certificates, issued by the county superintendent, which shall be valid in and for the county where issued for a term of two years and in any other county of the state upon application to the State Superintendent by the County Superintendent for a transfer of the record of said certificate which shall be made, provided the grades meet legal requirements; it shall THE NEBRASKA SCHOOL LAWS 71 COMPILED BY K-B PRINTING CO., OMAHA. be issued to any person of approved character who has had at least eight weeks of normal training in a standard college, the univer- sity, state normal school, or other approved normal school in this or another state, or in a high school approved by the State Superin- tendent as being equipped to give such normal training, upon the payment of an examination fee of one dollar and fifty cents and upon having passed a State examination in orthography, reading, penmanship, geography, mental and written arithmetic, physi- ology and hygiene, Knglish grammar, United States history, civil government, drawing, theory and art of teaching, and the elements of agriculture with a general average of not less than 80 per cent in all subjects and with no grade below 70 per cent; it shall be re- newable once only at the end of two years by the county superin- tendent of the county in which the holder last taught by the pay- ment to him of a fee of one dollar and fifty cents and upon the fol- lowing conditions: First, that the general average in all subjects for the second grade certificate be, or be raised by examination, to S."> per cent, with no subject below 75 per cent; and second, by the presentation of a certificate when signed by the proper authorities of the institution attended, showing that he has earned six college hours in residence or in absentia; Second, the first grade county certificate, issued by the county superintendent, which shall be valid in and for the county where issued for a term of three years and in any other county of the state upon application to the State Superintendent by the County Superintendent for a transfer of the record of said certificate which shall be made provided the grades meet legal requirements; it shall be issued to any person of approved character with one year of (caching experience who has had at least twelve weeks of normal training in the University, a standard college, a state normal school, in an approved normal school in this state or another state, or in a high school of this state approved by the State Superintendent as being equipped to give such normal training, upon the payment of a fee of one dollar and fifty cents, upon having passed State ex- aminations in all subjects for a second grade county certifies te, and in addition thereto upon passing state examinations in algebra, botany, geometry and public school music, with an average in all required subjects of 80 per cent, and with no grade below 75 per cent; provided, however, that equivalent grades for the last four subjects earned in high school by graduates of approved normal training high schools shall be accepted by the state superintendent in lieu of the examination grades; it shall be reiiewab?e~at the cud of three years by the county superintendent of the county in which the holder last taught by the payment to him of a fee of one dollar and fifty cents and upon the following conditions: First, that the general average in all required subjects be, or be raised by State examinations to, 85 per cent, with no subject below 80 per cent; second, upon presentation of a certificate signed by the proper authorities of the institution attended showing the completion of 72 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. six college hours of work earned in residence or in absentia in addi- tion to the requirements for the renewal of a second grade county certificate, or twelve college hours in addition to the requirement for the first issuance of a second grade county certificate; it shall be renewable thereafter by the county superintendent of the county in which the holder last taught upon the presentation of a cer- tificate signed by the proper authorities of the institution at- tended showing the completion of twelve additional college hours earned in residence or in absentia since the certificate was first re- newed, and upon the payment of a fee of one dollar and fifty cents to the county superintendent; Provided, that if a shortage of properly certified teachers actu- ally exists in any county of the state the state superintendent of public instruction shall, upon the recommendation of the county superintendent of the county in which the shortage exists as to the approved character of the applicant and his reasonable prepa- ration for teaching and upon the request of the board of education of a designated district, and upon the payment of a fee of one dollar by the applicant to the State Superintendent, issue an emergency certificate which shall be valid only in the county where issued and in the designated district only for one school year. Sec. 3. State certificates.- State certificates shall be of two kinds, viz: City-State Certificates, and General State Certificates: City-State Certificates shall consist of the following classes, shall be granted, shall have validity, shall be renewable and shall be convertible into professional city-state certificates in the man- ner hereinafter specified: First, grade city-state certificate, issued by the state superintendent of public instruction, which shall be valid from the kindergarten to the eighth grade inclusive for a term of three years in all districts of the state organized under Article XXII and in districts organized under Article VI, when registered with the county superintendent without fee, and may be valid in metropolitan cities; it shall be issued to any person of approved character who shall have graduated from an approved four year high school, shall have earned a first grade county cer- tificate, shall present credits from the university, a standard col- lege, a state normal school, or other approved normal school in this or another state for twelve college hours at least four of which must be professional work, it shall be issued upon the payment of a fee of one dollar to the state superintendent of public instruction and upon application certified to by the proper authorities of the insti- tution attended showing the character and the amount of the academic and professional preparation of the applicant, experience in teaching, the kind of certificate held, and the kind of certificate desired, all certified to by a county or a city superintendent who has knowledge of the facts stated in the application; it shall be convertible into a professional grade city certificate valid for life, THE NEBRASKA SCHOOL LAWS 73 COMPILED BY K-B PRINTING CO., OMAHA. unless allowed to lapse by reason of failure to teach for a period of three years upon the following conditions; first, upon application to the state superintendent of public instruction showing satis- factory completion of one year of normal school or college work and giving evidence of three years or an aggregate of 24 months of successful teaching experience; second, upon payment to the state superintendent of public instruction of a fee of one dollar; Second, the high school-city-state certificate, issued by the state superintendent of public instruction, which shall be valid for a term of three years in all districts of the state organized under Article XXII and Article VI when registered with county superin- tendent without fee; and it may be valid in metropolitan cities; it shall be granted to any person of approved character who has se- cured, or who secures, a first grade county certificate, and who earns by examination before the state superintendent of public instruc- tion, or a committee appointed by him a grade of 80 per cent in each of the following subjects: psychology, zoology, geology, Eng- lish literature, rhetoric, general science, chemistry, trigonometry, physics and general history, and who has in addition a credit from the University, a standard college, a state normal school, or other approved normal school in this or another state of 12 college hours in education; or it shall be issued to any person of approved charac- ter who is a graduate of the higher course of a state normal school, or other approved normal school of this or another state with an ad- vanced course comparable in all respects with the advanced course in a state normal school of this state, of the state university from a course prescribed therein for the training of teachers, or of a stand- ard college in this or another state whose course for the training of teachers is substantially comparable to the course in the state university for the training of teachers; it shall be granted in either case upon the payment to the state superintendent of public in- struction of a fee of one dollar and upon application as described in the provisions for the issuance of the grade city-state certificate; it shall be convertible into a professional high school city-state certificate valid for life in the manner provided for the convertibil- ity into a professional certificate of a grade city-state certificate. Third, the superintendent's city-state certificate, issued by the state superintendent of public instruction, which shall be valid for a term of three years in all districts of the state organized under Article XXII and in districts organized under Article VI, when registered with the county superintendent without fee, and may be valid in metropolitan districts; it shall be granted_to any person of approved character who holds a professional high school city- state certificate and who has had at least one year of experience as a principal of an approved high school upon payment of a fee of one dollar to the state superintendent of public instruction and upon application in the manner prescribed in the provisions for the issuance of the grade city-state certificate; it shall be converti- ble into a professional superintendent's city-state certificate valid 74 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. for life in the manner provided for the convertibility into a pro- fessional grade city-state certificate of the grade city-state cer- tificate. Fourth, the special city-state certificate, issued hy the state superintendent of public instruction, which shall be valid for a term of three years in all districts of the state organized under Article XXII and in the districts organized under Article VI, -when registered with the county superintendent without a fee and may be valid in metropolitan districts; it shall be issued to any person of approved character who has had at least one year of special -work in an approved conservatory, training, vocational, or industrial school organized and equipped for the training of special teachers, or it shall be issued to any person of approved character -who in lieu of the one year of special work mentioned above has had one year of practical experience as a competent mechanic in the craft or trade for the teaching of which the special city-certificate is issued; it shall be issued upon the payment to the state superin- tendent of public instruction of a fee of one dollar and upon appli- cation as prescribed in the provisions for the issuance of the grade city-state certificate; it shall be convertible into a professional special city-state certificate valid for life in the manner provided for the convertibility into a professional grade state of a grade city- state certificate; General State Certificates shall consist of the folio-wing classes: first, the professional state certificate; second, the elementary or second grade state certificate, and the first grade state certificate. The professional State Certificate, issued by the state superin- tendent of public instruction, which shall be valid for life, unless allowed to lapse by reason of failure to teach for a period of three consecutive years, in all districts of the state organized under Ar- ticles VI and III; it shall be granted to any person of approved character who has secured, or who secures, a first grade county certificate and in addition thereto earns by examination before the state superintendent of public instruction or before a committee appointed by him a grade of not less than 80 per cent in each of the following subjects: Psychology, zoology, geology, English lit- erature, rhetoric, general science, chemistry, trigonometry, phys- ics and general history, and who has had at least two years addi- tional teaching beyond that required for the issuance of a first grade county certificate; or it shall be granted to any person of approved character who is a graduate of a standard college, or university, in this or another state -who has had three years of successful experi- ence as a teacher in the public, private, denominational, or pa- rochial schools of Nebraska and holds a first grade county certifi- cate; or it shall be issued to any person of approved character who holds a diploma from a state normal school or standard college of another state conferring a right to teach for life in that state, pro- vided such right is based upon conditions of preparation and ex- perience equivalent to those required in this state for the issuance THE NEBRASKA SCHOOL LAWS 75 COMPILED BY K-B PRINTING CO., OMAHA. of the professional state certificate; in either of the above cases, it shall be issued upon payment to the state superintendent of public instruction of a fee of one dollar, and in the two latter cases in addi- tion upon application as prescribed in the provisions for the issu- ance of the grade city-state certificate; Provided, that if a shortage of properly certified teachers for the cities and towns of the state actually exists, the state superin- tendent of public instruction upon the joint request of the city and county superintendent and the board of education of any town or city, shall issue to any person of approved character who is a graduate of the state university, or of a standard college of this state, an emergency certificate valid for one year and only in the district designated in the emergency certificate; it shall be granted only when a fee of one dollar payable to the state superin- tendent of public instruction accompanies the application, or the request of the city and county superintendent and the board of education ; The Elementary State, the Second Grade State, and the First Grade State certificates, are issued under the provisions of Article XIV governing the granting of certificates by the state university and approved colleges, and under the provisions of Article XXV governing the granting of certificates by the state normal schools. Sec. 4. Examinations Fees. All examinations referred to in the foregoing sections shall be governed and conducted by provisions of the law unaffected by this act, and the fees referred to shall be paid, distributed, and used in the manner specified in the law unaffected by this act. Sec. 5. Not retroactive. This act shall not be construed to be retroactive as to certificates in force at the time this act becomes effective. Sec. 6. Institute fund. To form a fund to defray the expense of institutes. Each teacher or person in attendance for the purpose of receiving instruction shall pay a fee of one dollar; to which sum thus raised the county board shall add each year the sum of one hundred and fifty dollars from the general fund of the county, and if they deem it desirable they may increase the amount to any sum not to exceed two hundred and fifty dollars. The county superin- tendent shall make a semi-annual statement under oath to the county board of all moneys received by him for the institute fund and of all moneys disbursed by him from the fund. Sec. 7. Certificate not valid until registered. Each holder of a teacher's certificate of any grade or class, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach. No certificate shall be valid in any bounty until so registered. Such registration shall be without fee. Senate File No. 180, Session 1919. 6861 Sec. 1G2. Examinations. The state superintendent of public in- struction shall prepare all questions for the examination of applicants for teachers' certificates as provided under this act, both county and state, and 76 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. shall prescribe all rules and regulations for the conduct of all such examina- tions, and shall determine the times and places for all examinations, except as hereinafter provided. He shall examine, mark, and file, or cause to be exam- ined, marked, and filed, all answer papers submitted by candidates for state and county certificates, which answer papers shall be forwarded by the county superintendent immediately after the close of each examination to the state superintendent of public instruction. He may appoint a committee of three competent persons and such clerical force as he may deem neces- sary to assist him in all such examinations, who shall make a complete and accurate record of all such examinations to be kept on file in the office of the state superintendent. Provided, the state superintendent may require county superintendents to assist him in the preparation of examination questions for county certificates. 6862 Sec. 163. Examinations granting certificates. The county sup- perintendent shall hold a public examination of all persons offering themselves as applicants for teachers' certificates on such dates as may be arranged by the state superintendent of public instruction, at which time he shall examine them by the series of written or printed questions according to the rules and regulations prescribed by the state superintendent of public instruction. The county superintendent shall forward all answer papers submitted by candidates for teachers' certificates, designating each by a number instead of a name, immediately after the close of the examination, to the state super- intendent of public instruction for examination, marking, filing and recording. The state superintendent of public instruction shall transmit within thirty days from date of said examination a record of the standings of each applicant for a county certificate to the county superintendent, who shall then grant to the applicant a certificate of qualifications if the applicant is found to possess the requisite knowledge and understanding to teach in the common schools of the state the various branches required by law, provided the county superintendent has satisfactory evidence that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern a school. Provided, the county superintendent at his discretion in case of emergency, may grant permission to teach until the results of the next regular examination are received from the state super- intendent of public instruction to any person applying at any other time than at a regular examination, who can show satisfactory reasons for failing to attend such examination and satisfactory evidence of qualifications, subject to such rules and regulations as may be prescribed by the state superintendent of public instruction; but such permit shall not be granted more than once in any county to the same person. Provided further, in emergencies arising from a scarcity of teachers in any county, the state superintendent may at his discretion, upon the recommendation of the county superintendent, grant permission to teach in a specified district for a specified term of school, the person given such permission to teach being required to attend teachers' examinations and to write upon such subjects as the county superintendent may direct. Provided further, the county superintendent may, at his dis- cretion, grant a first grade county certificate, without examination, to a graduate of a college, university, or state normal school, subject to such rules THE NEBRASKA SCHOOL LAWS 77 COMPILED BY K-B PRINTING CO., OMAHA. and regulations as may be prescribed by the state superintendent of public instruction. 6864 Sec. 165. Certificate revocation. Every certificate issued under the provisions of this article shall be revoked by the authority issuing the same for any cause which would have authorized or required such authority to refuse to grant it if known at the time it was granted, and for incompetence, immorality, intemperance, cruelty, crime against the law of the state, negligence of duty, or general negligence of the business of the school. The revocation of the certificate shall terminate the employment of such teacher in the school where he or she may at the time be employed, but such teacher must be paid up to the time of receiving notice of such revocation. The authority revoking such certificate must immediately notify the director of the school district or the secretary of the board of education where such teacher is employed. The authority revoking such certificate shall notify the teacher of such revocation, and must enter his action in such case in the books or records of his office. Provided, however, no certificate shall be revoked without due notice from the proper authority, and an opportunity given the teacher to explain or defend his or her conduct. 6865 Sec. 166. Fees for certificate support teachers' institute. Each applicant who is examined for a county certificate shall pay one dollar and fifty cents to the county superintendent, one dollar of which shall go to the teachers' institute fund to be used by him in support of teachers' insti- tutes as provided by law, and fifty cents of said fee shall be used by the super- intendent of public instruction as hereinafter provided. It shall be the duty of the county superintendent immediately after each examination to forward fifty cents for each applicant for a teacher's county certificate at such examination to the superintendent of public instruction, such sums to be used by him as hereinafter provided. Each applicant for a professional state certificate shall pay one dollar to the superintendent of public instruction, to be used by him as hereinafter provided. 6867 Sec. 168. Fees application. For the purpose of carrying out the provisions of this article, the superintendent of public instruction is hereby authorized to use all fees that may come into his hands as provided herein and also such amount from the appropriations for his office expenses as may be necessary for the payment of the state examining committee and clerical assistance as herein provided for the preparation of examination questions and for the reading of all teachers' answer papers, and work and expenses connected therewith. Provided, if the fees received by the superin- tendent of public instruction shall be in excess of the amount necessary for payment of the state examining committee and clerical assistance and other expenses connected with such examinations, such excess shall be returned to the respective county superintendents pro rata according to the amount received from each county, and the amounts so returned shall go into the institute funds of such counties. The superintendent of public instruction shall make a semi-annual statement to the governor of all moneys received by him for such fund and of all moneys disbursed by him from such fund, and also a statement show- 78 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. ing how much money, if any, he shall have found necessary to use from the appropriations for his office expenses in carrying out the provisions of this article. 6868 Sec. 169. High school teacher's certificate, qualifications. No person shall be eligible to teach in the high school department of any high school district or in the high school department of any city school district in this state who is not a graduate from a regular four-year course of a college or university, or a graduate from the advanced course of a college, university or normal school in this state authorized by law to grant teachers' certificates, or who does not hold a professional state certificate obtained from the state superintendent on examination before him or a committee appointed by him as provided by law. 6869 Sec. 170. Grade teachers in high school or city districts. No person shall be eligible to teach in the grades below the high school . department in any high school district or in the grades below the high school department in any city school district in this state who does not hold at least a second grade county certificate issued in Nebraska. Does not mean that a teacher must hold literally a second grade county certificate, but a certificate in every respect the equivalent of a second grade county certificate. This is a question which may be properly adjudicated by a conference between the county superin- tendent and the city superintendent. In the event of their disagreement it is a question to be referred to the state superintendent. ARTICLE XIV. TEACHERS AND TEACHERS' INSTITUTES. SECTION 6870. Qualifications. 6871 . Monthly returns to director. 6872. School month. 6873. Graduates University of Nebraska or other incorporated schools of this state. 6874. Same confirmation of certificates. 6875. College and normal graduates. 6876. Same. 6877. Same defined. SECTION 6878. Effect of alcoholic drinks. 6879. Same certificate. 6880. Teachers' institute when held. 6881. Attendance. 6882. Expenses. 6883. Institute fund. 6884. Disbursements. 6885. Institute term close schools. Refusal to attend penalty. 6870 Sec. 171. Qualifications. No person shall be accounted a qualified teacher, within the meaning of the school law who has not a certi- ficate in force from a county superintendent, or a city state certificate in force from a state superintendent or a certificate or diploma in force from a state normal school of Nebraska, or a certificate in force from the University of Nebraska, or a certificate in force from a normal school, college or university in Nebraska, approved by the state superintendent and authorized by law to grant certificates or a professional state certificate in force from the state superintendent of public instruction. A proper certificate of qualification is essential to warrant a school board in paying a teacher from the public school fund. The prohibition of the statute, however, is upon the district board, and not upon the teacher; and where during a part of a term, the teacher was THE NEBRASKA SCHOOL LAWS 79 COMPILED BY K-B PRINTING CO., OMAHA. without a certificate, notwithstanding which payment for the time was made, in an action to recover wages due for the last month of the term, during all of which the teacher had a certifi- cate; held, that the amount so paid could not be set off against what was due for the last month (School District vs. Estes, 13 Neb., 52, 13 N. W., 16.) Teacher may be discharged for incompetency or other sufficient cause at will of major- ity of board. 6 Neb., 173. Teacher employed for nine months, working eight, not teaching the nine through neglect of officers of district, held, entitled to pay for that month. 13 Neb , 54. Cited 19 Id., 496. Substitute teacher. A teacher has no right to place a substitute in his school without being authorized to do so by the district board. However, it would be within the authority of the district board to ratify such an action of a teacher in case of an emergency, providing that the substitute be a legally qualified teacher. A teacher under contract with a district could not properly demand of the district payment for the services rendered by a substitute appointed by him without author- ity. However, in case the substitute, a legally qualified teacher, were permitted, with the knowledge of the district board, to teach the school, said substitute would' have a valid claim against the district for the value of the services rendered by him. 6871 Sec. 172. Monthly return to director. Every teacher shall make a monthly return to the director of the district of the number of pupils attend- ing his or her school, the names and ages of each, the days attending, the studies pursued, and no teacher will be entitled to receive pay in full for a term's service till the term summary is properly filled out and approved by the director. A rule which makes it the duty of a teacher to keep a record of the standing of each pupil in the studies pursued by him, of his attendance and deoortment. to send each month by the pupil a written report of the same to his parent or guardian and which requires such parent or guardian to sign and return the same to the teacher, is a reasonable one. (Bourne vs. State, ex rel. Taylor, 35 Neb., 1, 52 N. W., 710.) The teacher's register should be approved by the director at the close of each month; and an order for the pay of the teacher should not be drawn until the register has been sub- mitted to and approved by the director. A duplicate of the classification record and term sum- mary should be forwarded to the counry superintendent at the close of each term. A teacher who fails or neglects to make out a report ought not to be allowed to teach, and should have his certificate revoked. 6872 Sec. 173. School month. In the absence of any agreement between the director and teacher to the contrary, twenty days shall consti- tute a school month. Where a school teacher is employed by contract for a given number of months, and fails to perform her duties during a part of the stipulated period, through no fault of her own, but through the fault of the school officers, she being at all times able amd willing to perform, she is entitled to the same compensation during such part as thougk she had kept the school. (School District vs. Estes, 13 Neb., 52. 13 N. W., 16.) 6873 Sec. 174. Graduates University of Nebraska or other incor- porated schools of this state. All graduates of the University of Nebraska holding the degree of bachelor of arts or bachelor of science and in addition thereto certificates authorized by the board of regents showing that such graduates have completed the course of instruction prescribed by the regents and faculty of the university for the special training and instruction of teachers, and such other graduates as hold the same degrees from any college or university duly incorporated under the laws of the state of Nebraska, who, in the judgment of the state superintendent of public instruction or the state board of examiners for life certificates, have completed in their respective institutions an equivalent of the courses in the University of Nebraska for said degrees prescribed by the regents and faculty of the uni- versity, shall be accredited as qualified teachers within the meaning of the school law of this state; and all such graduates shall have equal privileges, upon equal conditions, with graduates from any and all other educational institutions within this state under the school law thereof. Such colleges shall from year to year maintain entrance requirements, degree require- ments and professional study requirements equivalent to those of the Uni- versity of Nebraska. Each year the state superintendent of public instruc- tion shall satisfy himself by personal inspection or by the personal inspection 80 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. of the state board of examiners for life certificates that the requirements have been maintained before any certificate can be granted by such institution. Such certificates are hereby declared to be valid as first grade state certificates enti- tling the holders to teach in the public schools of the state of Nebraska for a period of three years from their date. Said certificates shall be signed by the president and secretary of the board of trustees and the president or chancellor of the proper institution. 6874 Sec. 175. Same, confirmation of certificates. After three years of actual teaching, the certificates of the graduates of the University of Nebraska or of any other college or university mentioned or described in the next preceding section, shall be countersigned by the state superintendent of public instruction upon satisfactory evidence that the services of the appli- cant have been successful, making such certificate good for life. Said counter- signature may be cancelled and its legal effect annulled by the state superin- tendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be subject to the provisions for lapsing set forth in section 147 of this chapter. 6875 Sec. 176. College and normal graduates. When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the elementary course of the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and who are actually giving satisfactory instruction in the branches contained in said course and equivalent to that given in the state normal schools, any graduate from such course shall be granted by the board of trustees of the proper institution a second grade certificate of the same tenor and effect as the certificate to teach issued to the graduates from the elementary course of the state normal schools. The certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution, and the state superin- tendent of public instruction. 6876 Sec. 177. Same. When any college, university or normal school in this state shall have a course of study equal in extent and similar in subjects to the higher course in the state normal schools, and shall have full and ample equipment and a faculty of instructors fully competent to give and are actually giving satisfactory instruction in the branches con- tained in said course and equivalent to that given in the state normal schools, the graduates from such course shall be granted by the board of trustees of the proper institution a first grade state certificate of the same tenor and effect as the certificate to teach issued to the graduates from the higher course of the state normal schools. Such certificate shall be signed by the president of the board of trustees and the head of the department of education of the proper institution and the state superintendent of public instruction. After three years of actual teaching the first grade state certificates issued by any institution as set forth in this section may be countersigned by the state superintendent of public instruction upon satisfactory evidence that the services of the applicant have been successful, making such certificate good for life. Said countersignature may be cancelled and its legal effect annulled THE NEBRASKA SCHOOL LAWS 81 COMPILED BY K-B PRINTING CO., OMAHA. by the state superintendent of public instruction upon satisfactory evidence of disqualification. Such certificates shall be subject to the provisions for lapsing set forth in section 147 of this chapter. 6877 Sec. 178. Same defined. The determination of the question as to what institutions are entitled to the privileges set forth in the four next preceding sections, shall be in the hands of the state superintendent of public instruction or the state board of examiners for life certificates. No educational institutions shall be entitled to the privileges conferred by the two next preceding sections unless the following requirements have been fulfilled: First. Such institution shall be incorporated under the laws of the state of Nebraska. Second. The incorporation shall have at least fifty thousand dollars invested, or available for use in the school. Third. The incorporation shall employ not fewer than five teachers who shall put in full time in giving instruction in the branches of study required to be taught by the provisions of the two next preceding sections. Fourth. The state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that any institution desiring recog- nition under said sections has fully complied with the requirements set forth herein and in the two next preceding sections. Fifth. The entrance requirements to the elementary and higher courses and the time required for the completion of said courses shall be the same as in the state normal schools. Each year the state superintendent of public instruction shall satisfy himself by personal inspection or by the personal inspection of the state board of examiners for life certificates that the require- ments have been met before any certificate can be granted by such institu- tion. 6878 Sec. 179. Effect of alcoholic drinks. Provisions shall be made by the proper local school authorities for instructing the pupils in all schools supported by public money, or under state control, in physiology and hygiene, with special reference to the effects of alcoholic drinks and ether stimulants and narcotics, upon the human system. 6879 Sec. 180. Same certificate. Xo certificate shall be granted to any person to teach in the public school of the state of Nebraska, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks and other stimulants and narcotics upon the human system. 6880 Sec. 181. Teachers' institutes when held. For the purpose of allowing teachers an opportunity to improve themselves in the art of teaching and to promote uniform methods of instruction in the public schools of the state, county teachers' institutes shall be organized and conducted annually, during the months of June, July or August, by county superintendents; pro- vided that two or more county superintendents, with the approval of and in conjunction with the state superintendent of public instruction, may organize and conduct joint institutes at such time and place and for such length of term as they may deem practicable, in lieu of the county institute. 82 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6881 Sec. 182. Attendance. It shall be the duty of county super- intendents and teachers to attend the institute of their county, or dis- trict, in case of joint institutes, at least one week for the purpose of com- paring notes, planning and outlining the work of the current or coming school year and to study methods of school work and the science and art of teaching. 6882 Sec. 183. Expenses. For the purpose of defraying the ex- pense of these institutes there is hereby appropriated the entire institute funds of the county or counties for which the institute is organized and con- ducted, or so much of said fund as may be necessary; Provided, in the case of joint institutes the expense shall be borne by the institute fund of the counties represented pro rata according to the number of teachers in attend- ance from each county. 6884 Sec. 185. Disbursements. All disbursements from the in- stitute fund shall be upon the order of the county superintendent and upon bills approved by him, which bills shall be filed in his office. 6885 Sec. 186. Institute term close schools. The county superin- tendent shall notify all teachers, and the board of all school districts in his county of the time when the institute will begin and all common schools shall be closed during the continuance of the institute. 6886 Sec. 187. Refusal to attend penalty .-The county superin- tendent may at his discretion revolke the certificate of or refuse to grant a certificate to any teacher who fails or refuses to attend the county or joint institute. Should graduates from the elementary course of the state normal refuse to attend such institute, it shall be the duty of the county superintendent to report said refusal to the principal of the normal school who shall revoke the certificate of said normal graduate; Provided, the county superintendent may excuse experienced teachers from such attendance when application is made before the opening of the institute and satisfactory reasons for absence are given in writing by such teachers. A county superintendent should not revoke a teacher's certificate on a partial hearing, but should act in such matters only after a full hearing of the evidence for and against sucn revocation. It is legal to receive the enrollment fee of teachers excused from attending the institute This legal requirement for institute attendance is construed to apply to all teachers holding positions in schools organized under articles 3 and 6. The holders of first-grade state certificates and state professional certificates are required to attend the institute unless ex- cused by the county superintendent. Teachers holding positions in schools organized under article 21 are required to attend the city or county institute unless excused by the city superintendent. IN .ft 15X1 .A DJ^ A COMPILED BY K-B PRINTING CO., OMAHA. ARTICLE XV. COUNTY SUPERINTENDENT. JECTION 887. Election, term. .888. General duties. Examination for admission to Normal School. State superintendent prepare questions. Communication from state superintend- Report to same. [ent. 1889. 890. i891. i892. SECTION 6893. Superintendent may administer oaths. 6894. State superintendent order from same. 6895. Vacancy, how filled. 6896. Negligent reports of districts. 6897. County superintendent to report each deaf, dumb and blind school person in county. Section 1. None but citizens of United States to teach. That no erson shall be qualified, licensed or permitted by the state or :oiinty superintendents of public instruction to teach in any pub- ic, private and parochial school in the State of Nebraska unless ;uch person is a natural born or duly and fully naturalized citizen f the United States. House Roll No. 106, Session 1919. 1954 Sec. 115. County officers when elected. In each county here shall be elected in the year nineteen hundred eighteen and every econd year thereafter one county judge, for the term of two years, and n every county there shall be elected in the year nineteen hundred eighteen md every fourth year thereafter, one sheriff, one county treasurer, one :ounty clerk, one county surveyor, one county attorney, and one county uperintendent of public instruction, for the term of four years. And at he general election in the year nineteen hundred and eighteen and every our years thereafter a register of deeds shall be elected in and for each :ounty having a population of sixteen thousand inhabitants or more, to >e ascertained by the census of 1910, and each state and national census hereafter, who shall give bond, with sufficient sureties thereon, to be ap- >roved by the county board, in the penal sum of ten thousand dollars, :onditioned for the faithful performance of his duties; and such register of leeds shall have all the powers and perform all the duties relative to all >apers, writings and instruments pertaining to real estate heretofore en- oined by law upon county clerks and shall receive the compensation illowed by law therefor. House Roll No. 198, Session 1917. The law does not provide for a deputy county superintendent, and action by such per- on is not legal. If the person elected county superintendent cannot act, he should resign and How another to be appointed. The powers and duties of the county superintendent of public nstruction are derived entirely from the statute. He can exercise only such powers as are ispecially granted or incidentally necessary to carry the same into effect. Any proceed- ngs on his part beyond the scope of his authority, or where he has no jurisdiction, are abso- utely roid. 6 Neb., 539. 2452 County superintendent. The county boa?d, at the first egular session of each year, shall determine the compensation to be paid to ihe county superintendent, but in counties containing a school population Df fifteen thousand, or more, such compensation shall not be less than twenty-five hundred dollars per annum; in counties containing a school >opulation of seven thousand and less than fifteen thousand, such compen- 84 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. sation shall not be less than twenty-four hundred dollars per annum; in counties containing a school population of six thousand and less than seven thousand, such compensation shall not be less than twenty-one hundred dollars per annum; in counties having a school population of not less than four thousand, and not more than six thousand, such compensation shall not be less than nineteen hundred dollars; in counties containing a school population of two thousand five hundred and less than four thousand, such compensation shall not be less than seventeen hundred dollars per annum; in counties containing a school population of two thousand and less than two thousand five hundred, such compensation shallnotbelessthan fifteen hundred dollars per annum; in counties containing a school population of fifteen hundred and less than two thousand, such compensation shall not be less than thirteen hundred dollars per annum; in counties containing a school population of less than one thousand five hundred, the county superintendent shall receive not less than seven dollars per day for each day actually employed in the performance of the duties of the office, but the total compensation in this class shall not exceed twelve hundred dollars per annum. The number of days necessary for the performance of said duties shall be determined by the county superintendent, but the number of days so employed shall not be less than two times the number of districts in the county, and one day for each precinct thereof for the examination of teachers. The county board, at their option, may allow the county superintendent such clerk hire as they deem necessary and the county superintendent shall re- ceive in addition to his or her salary an amount sufficient to pay his or her traveling expenses at the rate of ten cents per mile for each mile actually and necessarily traveled in the performance of his or her official duties, in visiting the various schools under his or her supervision as provided by law. For said traveling expenses the county superintendent shall present such sworn statements and receipts as the county board may require, and the amount due shall be paid out of the county general fund; provided, that the county board may at its option restrict said mileage to one visit each year to each school in the county. Provided, however, in counties where the assessed valuation of county is not in excess of the sum of five hundred thousand dollars, the number of days necessary for the perform- ance of said duties may be determined by the county board, but the num- ber of days so employed shall not be less than two times the number of dis- tricts in the county, and one day for each precinct thereof for the examina- tion of teachers. House Roll No. 246, Session 1919. 6888 Sec. 189. General duties. It shall be the duty of the county superintendent to visit each of the schools of his county at least once in each year to examine carefully into the discipline and modes of instruction and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school to note the condition of the schoolhouse and appurtenances thereto, and to suggest a place for new school houses to be erected, and for warming and venti- lating the same, and the general improvement of the school house and grounds; THE NEBRASKA SCHOOL LAWS 85 COlf FILED BY K-B PRINTING CO., OMAHA. to promote by public lectures and teachers' institutes, and by such other means as he may devise for the improvement of the schools in his county, and the elevation of the character and qualifications of the teachers thereof; to con- sult with the teachers and school boards to secure general and regular attend- ance of the children of his county upon the public schools; Provided, further, That it shall be the duty of the county superintendent to furnish to each district in the county a copy of the course of study for public schools as pre- scribed by the state superintendent; to forward to the teachers from time to time, such written or printed questions for reviews based upon such course of study, as in his judgment are necessary or expedient; to furnish the neces- sary blanks for the annual report of the director, the census report of the district, and such other blanks as he may deem helpful for the work of the schools; and to furnish the necessary record books for the schools and for the district officers. All the supplies above mentioned not paid for by the state shall be paid for out of the general funds of the county. 6889 Sec. 190. Examination for admission to normal school. The county superintendent shall, at the time of his regular examination for the licensing of teachers on the third Saturday of April and on the third Saturday of July of each year and on such other day or days in said months as he may appoint, conduct an examination of applicants for admission to the state normal schools of Nebraska. 6890 Sec. 191. State superintendent prepare questions. The list of questions used in such examinations of applicants for admission to the state normal school shall be prepared by the state superintendent of public instruc- tion and the faculty of the state normal school, transmitted under seal to the several county superintendents, who shall place them before the applicants under the same conditions as to time and supervision as in the examination of teachers for license to teach. At the close of such examinations the county superintendent shall collect the papers prepared by the applicants and shall transmit them under seal to the state superintendent of public instruction, with a certified list of the applicants preparing such papers. All necessary expenses connected with the conduct of these examinations and the trans- mission of the papers shall be paid by the state normal school or other normal schools that may be established. 6891 Sec. 192. Communication from state superintendent. It shall be the duty of the county superintendent to receive all such blanks and com- munications as may be directed to him by the state superintendent of public instruction, and to dispose of the same in the manner directed by the state superintendent. 6892 Sec. 193. Report to same. The county superintendent shall examine into the correctness of the reports of the district boards, and may, when necessary, require the same to be amended, and shall indorse his approval on such as he shall find correct, and transmit duplicates thereof, together with such other information as may be required of him, to the state superintendent of public instruction, when required by said state superin- tendent. 6893 Sec. 194. Superintendent may administer oaths. For the purpose of attesting school reports and other purposes connected with the 86 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. administration of the school law, county superintendents are hereby author- zed to administer the required oaths. 6894 Sec. 195. State superintendents-order from same.-^-The ceunty superintendents shall be subjected to such rules and instructions as the state superintendent of public instruction may from time to time prescribe; and they shall report annually to the superintendent of public instruction, at such times as he may direct, of the official labors performed, and of the gen- eral condition and management of the schools under their charge, and such other information as may be required of them by said superintendent. 6895 Sec. 196. Vacancy, how filled. Whenever by death, resig- nation, or removal, or otherwise the office of superintendent shall become vacant, the county board shall have power to fill such vacancy. 6896 Sec. 197. Negligent reports of districts. Should any district neglect to send in the reports required by section 83, of this chapter, by the first Monday in July, it shall be the duty of the county superintendent to notify the officers of such district that the report is due, and should be sent at once. 6897 Sec. 198. County superintendent to report each deaf, dumb and blind school person in county. Each county superintendent of schools shall report to the superintendent of the institute for the deaf and dumb, on the first day of April of each year, the name, age, residence, and post office address ot every person between the ages of 6 and 21 years, who is deaf and dumb and who resides in^the county of which he is superintendent. He shall also report on the same date to the superintendent of the institution for the blind, the name, age, residence, and post office address of every blind person, and of every person blind to such an extent as to be unable to acquire an education in the common schools, and who resides in the county in which he is superintendent. Cited 43 Neb., 184 ARTICLE XVI. STATE SUPERINTENDENT. SECTION 6898. Location of office. 6899. Teachers' institute. 6900. Visit schools. 6901. Decide questions of school law. 6902. Forms for reports. 6903. Publish school laws. SECTION 6904. Annual report. 6905. Same distribution. 6906. Make apportionment of school funds. 6907. Deputy. 6908. Same salary. Section 1. None but citizens of United States to teach. That no person shall be qualified, licensed or permitted by the state or county superintendents of public instruction to teach in any pub- lic, private and parochial school in the State of Nebraska unless such person is a natural born or duly and fully naturalized citizen of the United States. House Roll No. 106, Session 1919. THE NEBRASKA SCHOOL LAWS 87 COMPILED BY K-B PRINTING CO., OMAHA. Section 1. State superintendent must hold highest grade certificate. No person shall be eligible to the office of state superintendent of public instruction who does not hold a certificate issued in this state and in force at the time of his election equal to the highest grade certificate the state superintendent of public instruction is by law authorized to issue. Senate File No. 189, Session 1919. 6898 Sec. 199. Location of Office. The superintendent of public in- struction shall keep an office, which shall be furnished for him at the seat of government of the state, and he shall keep all books and papers pertaining to his office therein, subject at all times to the examination of the governor or auditor of state, or a committee from either branch of the legislative assembly. 6899 Sec. 200. Teachers' institutes. He shall organize teachers' normal institutes at such times and places as he shall deem practicable. He shall, as far as practicable, attend such institute and provide proper instruc- tors for the same, and in other ways seek to improve the efficiency of teachers, and advance the cause of education in the state. 6900 Sec. 201. Visit schools. He shall visit such schools as he may have it in his power to do, and witness and advise with teachers and school officers upon the manner in which they are conducted. 6901 Sec. 202. Decide questions of school law. He shall decide dis- puted points in school law, and all such decisions shall be held to have the force of law till reversed by the courts. 6902 Sec. 203. Forms for reports. He shall prescribe forms for making all reports and regulations for all proceedings under the general school laws of the state. 6903 Sec. 204. Publish school laws. He shall cause to be printed, in pamphlet form, the school laws and laws relating to the school lands with blank forms prescribed by him, and furnish each county superintendent with a sufficient number to supply the district officers within his jurisdiction. 6904 Sec. 205. Annual report. He shall annually, on the first day of January, submit to the governor of the state a full report of the operations of his office during the year, which report shall contain a state- ment of the school funds of the state, and an account of the receipts and expenditures for the purpose of schools, a statement of the condition of the common schools and other educational institutions chartered or fos- tered by the state, embracing the number of schools of the several grades, the number and average compensation of the teachers, the names and com- pensations of county superintendents, the number of pupils attending the several schools, the enumeration of youth by counties, the value of school- houses, sites, apparatus, and furniture; a statement ofjmch plans as he may devise for the better management of the school funds, and the school system, and such other statements as he may deem expedient to communicate relat- ing to his office and popular education. 6905 Sec. 206. Same distribution. He shall cause his report to be printed by the state bureau of printing, and shall deliver at the commence- ment of each regular session of the legislature fifty copies thereof to the 88 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. senate, and one hundred and fifty copies to the house of representatives, and shall transmit one copy to each county and city superintendent of schools in the state, and one to each state superintendent of public instruction of other states. 6906 Sec. 207. Make apportionment of school funds. He shall, semi- annually, on or before the third Monday in June and the last Monday in December, make an apportionment of the funds which are in the treasury and which are applicable to the support of schools, which apportionment shall be based upon the enumeration of youth reported to the state superin- tendent by the county superintendents. 6907 Sec. 208. Deputy. The superintendent of public instruction of the state of Nebraska shall have power to appoint a deputy superinten- dent of public instruction and the said deputy may do and perform, in the absence or inability of the superintendent of public instruction, all the acts and duties that may be authorized and required to be performed by the superintendent of public instruction; and the superintendent shall be respon- sible for all the official acts of his deputy. Cited 25 Neb.. 662. 6908 Sec. 209. Same salary. Said deputy shall receive a salary of eighteen hundred dollars per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly. ARTICLE XVII. ACQUIRING PROPERTY FOR SCHOOL PURPOSES. Section 1. Eminent domain. Every school district shall have power to exercise the right of eminent domain. Sec. 2. Resolution showing property required and ownership. Whenever a school district shall require, for district or general school purposes, private property which it cannot acquire by agree- ment wit h the owner, the board shall, by resolution, declare the necessity therefor. The adoption of the resolution shall be deemed conclusive evidence of such necessity. The board shall then file with the county judge of the county in which the school district is located, a petition setting forth the fact of the adoption of the resolution and a description of, and the names of all persons in- terested in, the real estate sought to be appropriated. Sec. 3. Notice to parties interested. Thereupon notice shall is- sue, under the seal of the county court, to the persons interested in the property sought to be taken, of the filing of the petition and of the time and place fixed for a hearing thereon. Such notice shall be served by delivering to each of the persons interested, when his THE NEBRASKA SCHOOL LAWS 89 COMPILED BY K-B POINTING CO.,OMAHA, residence is known, a certified copy thereof, and the service shall be proven by affidavit. If personal service cannot be had, service shall be made by publication of the notice herein provided for* in some newspaper of general circulation in the county in which the land is situated, for a period of not less than thirty days. The hear- ing on the petition may not be had for at least ten days after the completion of service. Sec. 4. Disinterested freeholder to assess damages. At the time the petition is filed, the county judge shall appoint three disinter- ested freeholders of the school district in which the real estate is situated, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality, shall assess the damages that may be sustained by reason of the taking of the prop- erty and on or before the day set for the hearing file a report in writing with the county judge. Sec. 5. Acceptance of assessment. If the assessment made is satisfactory to the board, it shall forthwith signify its acceptance thereof in writing and shall pay the amount thereof to the persons entitled thereto, or deposit the same with the county judge sub- ject to their order. Thereafter, such real estate may, at any time, be taken for the use of the school district which shall, if necessary, have the process of the court to place it in immediate possession thereof. The taking of real estate under this act shall vest a fee simple title in the district. Sec. 6. Rejection of assessment Other appraisers. If the assess- ment shall not be satisfactory to the board, other and different appraisers may, on application of the board be appointed to assess the damages. In such case the proceedings shall be conducted in the same manner as in the first instance except that no further pe- tition need be filed and no further notice need be given. Sec. 7. Board pay expenses. The school board shall pay the ex- penses of the appraisement herein provided for. Sec. 8. Land exempted. Not more than ten acres may be taken under the provisions of this act, and orchards, gardens and public parks shall not be subject to be so taken, nor outside the corporate limits of any city or village shall land be taken within twenty rods of any residence, unless a highway intervene between such residence and the land to be taken. Sec. 9. Appeals Costs. Any person who may have any inter- est inland taken under the provisions of this act may prosecute an appeal to the district court and from the district court to the supreme court, in the same manner as appeals are prosecuted as civil actions, but the school district shall not be liable for costs made on appeal unless on final decree larger damages are awarded than the appraisers gave. Sec. 10. Appeal no bar to board taking possession. An appeal shall not delay the appropriation of the real estate sought to be taken, and such appeal shall, on five days notice to the school district, be 90 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. placed at the head of the list of cases for trial in the district court, and for hearing in the supreme court, and shall have precedence over other civil actions. Sec. 11. School site on state land. When a school district desires to locate a schoolhouse on school lands belonging to the state, it shall be permitted to purchase not less than one acre nor more than ten acres, and shall receive a deed therefor from the state. Senate File No. 192, Session 1919. Emergency. ARTICLE XVIII. SCHOOL BOOKS. SECTION 6914. Books purchase contract. 69 1 5 . Publisher bond statement. 6916. Payment for books. 6917. Same. 6918. Combinations and trusts. SECTION 6919. Price list. 6920. Form of contract. 6921. Violation of contract. 6922. Ownership and use of books. 6923. School supplies local dealer. 6914 Sec. 215. Books purchase contract. District school boards and boards of trustees of high school districts, and boards of education in cities of the first and second class, and in cities of the metropolitan class, are hereby empowered and it is made their duty to purchase all text- books necessary for the schools of such district, and they are further author- ized to enter into contract as hereinafter provided with the publishers of such books for a term of years, not to exceed five (5); Provided, the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States to be determined as hereinafter provided; and provided further, such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract. The text book law does not require the district boards to enter into contract for a term of years with the publishers. It is left entirely to the boards' discretion, but no such con- tract can be legally made for a term of years under the provisions of this act until the proper bond is filed by the publishers. Article 17 of the School Laws is mandatory, and it is not within the authority of the annual district meeting to vote not to furnish text-books; and under this law any patron of the district, by the proper legal proceedings, could compel the district board to furnish his children, pupils in the school, the necessary text books, notwithstanding any action or failure to act on the part of the meeting district. Some patron of the district should apply to the district court on behalf of the district for a writ of mandamus to compel the board to furnish to the children of the district the necessary text-books. See the case of Ambrose Affholder et al. vs. State of Nebraska, ex rel. Peter McMullen, 51 Neb., 91. In this case, in the district court of Burt county, Peter McMullen made application for a peremptory writ of mandamus to compel Ambrose Affholder and others constituting the school board of district No. 58 of said county to purchase and furnish to the children of school age of said district the necessary text-books in accordance with the free text-book law. An alternative writ was issued, and for a return thereto the school board interposed the defense that said act was unconstitu tional. The writ was issued as prayed, and the school board appealed the case to the supreme court. The supreme court sustained the district court. A writ of mandamus will not issue where it is not within the power of the respondent lawfully to comply, or where it would other- wise be unavailing. 46 Neb., 857. THE NEBRASKA SCHOOL LAWS < COMPILED BY KXB PRINTING CO., OMAHA. 6915 Sec. 216. Publisher bond statement. Before any publish of school books shall be permitted to enter into contract with any school di trict under the provisions of this act, he shall file with the state superintende of public instruction, to be approved by him, a good and sufficient bond in tl sum of two thousand to twenty thousand dollars for the faithful perforr ance of the conditions of such contracts, and the observance of the r quirements of this act; and such publisher shall also file with the sta superintendent of public instruction a sworn statement of the lowest pric for which his series of text-books are sold anywhere in the United State and a failure to file such bond and sworn statement of prices shall be a got and valid defense on the part of the district against payment for any boo! that may be sold by such publisher prior to the date of filing such bond ai sworn statement of prices; and all such contracts to which such publisher is party made subsequent to the passage of this act and prior to filing such boi and sworn statement of prices shall be null and void. 6916 Sec. 217. Payment for books. For the purpose of paying f school books, the school district officers may draw an order on the county township treasurer for the amount of school books ordered. By decision of the attorney general the provisions of this section authorizing the d trict board to "draw an order on the county or township treasurer," in payment of bills i books being inconsistent with another statute is inoperative. Such order must be drawn the district treasurer. See 19 Neb., 564. 6917 Sec. 218. Same. The county or township treasurer shall pi orders, drawn by school district officers, for the purchase of school books, o of any funds in his hands belonging to the district, except the money receivi from that derived from teachers' funds. Text-books may be paid for out of any funds on hand belonging to the general fvu to the incidental fund, or to a fund especially provided for this purpose. 6918 Sec. 219. Combinations and trusts. Any contract entered in under the provisions of this article with any publisher who shall hereafter b come a party to any combination or trust for the purpose of raising the price school text-books shall, at the wish of the school board of the district usi; such books, become null and void. 6919 Sec. 220. Price lists. The state superintendent of pub' instruction shall, within thirty (30) days after the filing of the hereinbefc mentioned sworn statement of prices of text-books, have the same print and forward a sufficient number of certified copies of the same to each of t county superintendents of the state to furnish all the school districts of su county with one copy of each; and the county superintendent shall, imme< ately after receiving said certified copies of prices of books, send or deli\ one of such certified copies to the director or secretary of each school distri or board of education in such county, to be filed as a part of the records such district; and he shall also file one of said certified copies of prices in 1 office as a part of the records of his office. 6920 Sec. 221. Form of contract. It shall be the duty of the sta superintendent of public instruction to prepare and have printed a form contract between district boards and publishers of school books, and to fi nish the same, through the county superintendent, to the several distr boards of the state; and no other form of contract shall be used by such d trict boards and publishers in carrying out the provisions of this article. 92 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6921 Sec. 222. Violation of contract. Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the conditions of such contract as hereinbefore mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action he shall immediately begin proceedings in the name of the state to enforce the liability on the bond hereinbefore mentioned. 6922 Sec. 223. Ownership and use of books. All books purchased by district boards, as hereinbefore mentioned, shall be held as the property of the district, and loaned to pupils of the school while pursuing a course of study therein free of charge; but the district boards shall hold such pupils respon- sible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. The law provides that text-books shall be loaned to pupils while pursuing a course of tudy in the schools. It is the duty of the board of education to place books at the disposal of pupils who need to study in the evenings. If, however, in the judgment of the teacher and the board, pupils of certain classes cannot study profitably outside of school hours, it is proper to place reasonable restrictions upon the use of books at home by such pupils or classes. It is not within the authority of the school bpard to ban text-books, which are the property of the district, to be used in schools held outside the district. 6923 Sec. 224. School supplies local dealer. The provisions of this article shall include all school supplies; Provided, nothing in this article shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to the district; Provided further, the board may designate some local dealer to handle books for the district, with such an increase, above contract price, to pay cost of transportation and handling, as may be agreed upon between the board and the dealer. ig the word 'We do not . nprehensive enough and does include globes, maps, charts, pens, ink, paper, etc., and all other appar- atus amd appliances which are proper to be used in the school in instructing the youth, and we conclude, therefore, that the act under consideration is not broader than its title, and that the term 'school supplies' found in the tenth section of this act is mot foreign to the term 'text- books' found in the title of the act, but is germane to and comprehended and included within the term 'text-books.' " PUBLIC LIBRARY COMMISSION. This act creates a public library commission, defines its duties, and establishes traveling libraries. The governor is to appoint one person for a term of five years who, with the state librarian, the superintendent of public instruction, the chancellor and the librarian of the University of Nebraska, shall constitute the commission. STATE BOARD OF CHARITIES AND CORRECTIONS. This act establishes a state board of charities and corrections and defines its duties and powers. The governor of the state, the commissioner of public lands and buildings, and the state superintendent of public instruction con- stitute the board. The board shall appoint four persons as advisory secre- taries to co-operate with and assist them, not more than two of whom shall belong to the same political party. It is the duty of the board to inquire into the whole system of public charities and the methods of and practices in the correctional institutions in the state and counties, and to ascertain the condition thereof from time to time by inspection or otherwise, especially of prisons, jails, infirmaries, public hospitals, asylums, reformatories and industrial schools, etc., etc. ^ - o - - j- IB passing upon the constitutionality of the free text-book law, in discussing "supplies the following language is used by the judge rendering the decision: "\ think the term 'text-book' should be given a technical meaning, but that it is comj THE NEBRASKA SCHOOL LAWS 93 COMPILED BY K-B PRINTING CO., OMAHA. ARTICLE XIX. COMPULSORY EDUCATION. SECTIONS 6924. Compulsory arrendance at public, private or parochial school exemption. 6925. Truant officers duties violations. SECTIONS 6926. Penalty 6927. Special schools. 6928. Duty of enumerators. 6924 Sec. 225. Compulsory attendance at public, private, or par- ochial school exemption. In school districts other than city and metropolitan city school districts every person having a legal or actual charge or control of any child or children or youth not less than seven nor more than sixteen years of age, shall, during each school year between the second Monday of July and the last Monday of June following, cause such child or children or youth to attend the public, private, denominational, or parochial day schools for a period of not less than twelve weeks, and if the public day school of the school district in which the person or persons hav- ing charge or control of such child or children or youth may reside shall be in session during the school year between the second Monday of July and the last Monday of June following more than twelve weeks, then the per- son having legal control of such child or children or youth shall cause each of them to attend such public, private, denominational, or parochial day school not less than two-thirds of the entire time the public schools shall be in session during the school year as aforesaid; and in no case shall such attendance be for a less period than twelve weeks. In city and metropolitan city school districts every person residing within such school district who has legal or actual charge or control of any child or children or youth not less than seven nor more than sixteen years of age shall cause such child or children or youth to attend the public, private, denomina- tional, or parochial day school for the full period of each school year in which the public day schools of such school district are in session. The portion of this article requiring attendance in public, private, denomina- tional, or parochial day schools shall not apply in case where the child or youth, being of the age of fourteen years, is legally and regularly em- ployed for his own support or the support of those actually dependent upon him; or in any case where the child or youth is physically or mentally in- capacitated for the work done in the schools, or in any case where the child or youth lives more than two miles from the school by the nearest practic- able traveled road unless free transportation to and-from such school is furnished to such child or youth. In case exemption is claimed on account of mental or physical incapacity, the school authorities shall have the right to employ a physician or physicians who shall have authority to examine such child or youth, and if such physician or physicians shall declare that such child or youth is capable of undertaking the work of the schools, then such child or youth shall not be exempt from the requirements of this article. In case*exemption is claimed and granted on account of a child or youth of the age of fourteen years being legally and regularly employed for his 94 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. own support or the support of those dependent upon him, such child or youth may, in the discretion of those charged with the enforcement of this article, be required to attend a public, private, denominational, or parochial evening school for not less than two hours each school day and not less than three days each week for a school year of not less than twenty weeks. All persons of from seven to eighteen years of age, who are resi- dents of this state, and who by reason of partial or total blindness or deaf- ness are unable to obtain an education in the public, private, denomina- tional, or parochial schools of this state, shall under the provisions of this article, be required to attend the Institute for the Blind or the School for the Deaf, unless such persons are being privately or otherwise educated, or unless they are not subjects for admission to the Deaf and Dumb and Blind Institute of the state of Nebraska. It is hereby made the duty of each teacher in all of the public, private, denominational and parochial schools of this state to keep a record showing the name and age of the children enrolled, the number of the school district in which said school is located and the county of their residence, the number of days each pupil was present and the number of days absent, and at the end of each month of school to make and furnish a report to the County Sup- erintendent and a duplicate thereof to the director or secretary of the school district in which such child or children reside, on blanks to be furnished or prescribed by the State Superintendent of Public Instruction, which report shall cover said items of record as above, except that in such districts organized under the pro- visions of Articles XXII, XXIII, and XXIV of this Chapter, such report shall be made to the Superintendent of the city schools of such district. It is hereby made the duty of such county or city superin- tendent, upon the receipt of the report for the first month of school in the district and in each two weeks thereafter, to compare such reports with the last census report on file in his office from such district and prepare a list of all children or youth resident in such district who are not receiving in- struction, as in this article provided, and to transmit the list to the officer or officers in such district whose duty it is to enforce the provisions of this article. All private, denominational and parochial schools in the state of Nebrasks and all teachers employed or giving instruction therein shall be subject to and governed by the provisions of the general school laws of the state so far as the same apply to grades, qualifications and certification of teachers and promotion of pupils. All private, denominational and parochial schools shall have ade- quate equipment and supplies and shall be graded the same and shall have courses of study for each grade conducted therein sub- stantially the same as those given in the public schools where the children attending would attend in the absence of such private, denominational or parochial schools. Section 2. No person shall after September 1, 1919, be employed to teach or teach in any private, denominational or parochial school who has not obtained a teacher's certificate entitling such teacher THE NEBRASKA SCHOOL LAWS 95 COMPILED BY K-B PRINTING CO., OMAHA. to teach corresponding courses or classes in public schools where the children attending would attend in the absence of such private, denominational or parochial school. Sec. 3. Nothing in this act contained shall be so construed as to interfere with religious instruction in any private, denomina- tional or parochial school. Sec. 4. For the purposes of this act the owner or governing board of any private, denominational or parochial school shall have authority to select and purchase text books, equipment and sup- plies, to employ teachers and to have and exercise the general man- agement of the school, subject to the provisions of this act. Section 5. All public, private, denominational and parochial schools shall give in the proper grades such courses in American History and in Civil Government, both state and national, as will give the pupils therein a thorough knowledge of the history of our country and its institutions and of our form of government and shall conduct such patriotic exercises as may be prescribed from time to time by the state superintendent. Section 6. The County Superintendent of the county, or the City Superintendent of the city, where any private, denomina- tional or parochial school is located, shall inspect such schools and report to the proper officers any evidence of the use of any text books or of any activities, instruction or propaganda therein subversive of American institutions and republican form of government or good citizenship or of failure to observe any of the provisions of this act. Section 7. In case any private, denominational or parochial school after a final determination by the proper authorities under this act fails, refuses or neglects to conform to and comply there- with, no person shall be granted or allowed a certificate to teach therein and the pupils attending such school or schools shall be re- quired to attend the public school of the proper district as provided by law in like manner as though there were no such private, denom- inational or parochial school. Full credit for certification under the law shall be given all teachers who have taught in private, denom- inational or parochial schools the same as though they had taught in public schools. Section 8. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than five ($5.00) dollars nor more than one hundred ($100.00) dollars or be imprisoned in the county jail not to exceed three (3) months. House Troll No. 64, Session 1919 . Emergency. 6925 Sec. 226. Truant officers duties violations. Boards of edu- cation in cities, villages, and metropolitan cities shall appoint one or more truant officers, who shall qualify as police officers; shall enforce the pro- visions of this law in the wards or districts for which they severally act; shall have authority to apprehend and take to his home or to some public, 96 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. private, denominational or parochial school any child found in violation of this article and shall be compensated for his or their services in such sums as shall be determined by the board of education, to be paid out of the general school fund of the city or village. In all school districts in this state any superintendent, principal, teacher, or member of the board of education, who shall know of any violation of this article on the part of any child or children of school age, their parents, or persons in actual or legal control of such child or children, or any other person, shall, as soon as possible, report such violation to the superintendent of public instruc- tion of the county, who shall immediately investigate the case and, if necessary, give written notice to the person or persons violating this ar- ticle warning him or them to comply with its provisions; and, if in one week from the time such notices are given, such person or persons are still violating this article, then such county superintendent shall file a com- plaint against such person or persons before the county judge of the county, charging such persons with violation of the provisions of this article; Pro- vided, If the violation occurred within any city or village the superin- tendent of said city or village may, in his discretion, file such complaint before the police judge or police magistrate of such city or village. House Roll No. 64, Session 1919. Emergency. 6927 Sec. 228. Special schools. The boards of education in cities may, in their discretion, establish and conduct special schools for the instruc- tion of children who cannot profitably or properly be cared for in the usual schools. Any child of school age who is habitually truant or incorrigible, or whose conduct and habits are such that he cannot with profit to himself or in justice to the other members of the school be retained and instructed in the usual schools, may upon complaint of the person having legal or actual control of such child, or upon complaint of the principal or head of the school where such child is attending, or on complaint of the truant officer be required by the superintendent of the city schools to attend a special school as pro- vided for in this section, until such time as the child's habits and conduct become such as to make it advisable and proper for him to be received again into the usual school, These special schools shall be taught in such localities as may be considered proper and suitable by the board of education; they shall give instruction in the branches required by law to be taught in the common schools; they shall be as good in conveniences, equipment, and con- dition of health as the usual schools of the city where they are situated and they shall be taught by teachers especially fitted by nature and experience to control and instruct wisely and successfully the special class of children to be educated therein. 6928 Sec. 229. Duty of enumerators. In 'order that the provi- sions of this article may be the better enforced it is hereby ordered that all enumerators of persons of school age, in taking the annual school census, shall ascertain and record the place and date of birth of each child enumerated, together with the school or schools attended, or the place or places in which, or the person or persons by whom, such child was instructed during the pre- ceding school year, and the person having control of such child shall take oath or affirmation that such record is true. The enumerator is hereby THE NEBRASKA SCHOOL LAWS 97 COMPILED BY K-B PRINTING CO., OMAHA. empowered to administer such oath or affirmation. Any person who shall refuse to take such oath or affirmation, or who shall with intent to evade any of the provisions of this article, wilfully make false statement concerning any child or children under his control and subject to the provisions of this article, shall be deemed guilty of a misdemeanor, and upon conviction, shall be pun- ished by a fine of not less than one dollar and not more than ten dollars. ARTICLE XX. SCHOOL FUNDS. SECTION 6929. Collections report to state treasurer. 6930. Exhibit by state treasurer apportion- ment to counties. 6931. Apportionment to districts. 6932. New districts. 6933. Fractional districts. 6934. Certificate of apportionment. SECTION 6935. No fees for receiving and disbursing. 6936. Misuse of funds. 6937. Apportionment when drawn. 6938. Forest reserve fund distributed to schools. 6939. Same apportionment. 6940. Same certificate. 6929 Sec. 230. Collections report to state treasurer. The county treasurer shall collect, or cause to be collected, the fines and all moneys for school purposes in his county, and take all proper measures to secure to each district its full amount of school funds, and all county treasurers shall report to the state treasurer and state auditor semi-annually, on or before the third Monday of April and the first Monday of November, and at such other times as the auditor may require, a statement showing the whole amount of moneys collected on account of state, county and district school tax, and from all other sources respectively, noting the interest separately and the amount received on account of licenses and fines, and from all other sources from which school funds are derived, together with a statement showing the amount paid out, to whom, and on what account, and at the same time the county treasurer shall pay over to the state treasurer all funds and moneys from whatever source derived, belonging to the general school fund in his hands and make a settlement thereof with the state treasurer. 1 Where money is collected or paid as a condition of obtaining a license, it is license money, and not a tax, under the provisions of section 5, article 8, of the constitution (61 Neb., 490.) 2. If the purpose of the city authorities in adopting an ordinance was to raise revenue then the money exacted is a tax; but, if regulation was the end and object in view, the money results from an exercise of the police power and is license money. (63 Neb., 829.) 3. Whether money raised under the provisions of a municipalordinance, requiring every person engaged in a certain occupation or business to pay a fixed sum annually into the city treasury, is license money, within the meaning of section 5, article 8 of the constitution, depends upon the substance and purpose of the ordinance rather than upon its form. (63 Neb., 829. 4. An ordinance having no element of regulation, and showing on its face that the sole object of the city authorities in adopting it was to raise revenue, is a tax ordinance, notwith- standing the payment of the money and obtaining of a license is a condition precedent to engag- ing in the business. (63 Neb., 829.) Cited 5 Neb., 102, 303. 14 Id., 347. Occupation tax. 17 Neb., 219. 19 Id., 191. 27 Id., 64. 5 Neb., 309. 9 Id., 352. 03. 40 Id., 298. 08 THE^NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6930 Sec. 231. Exhibit by state treasurer apportionment to counties. The state treasurer shall, semi-annually on or before the third Monday in July and the third Monday in January, make a complete exhibit of all moneys belonging to the school fund of the state, as returned to him from the several counties, together with the amount derived from other sources, and deliver the same duly certified to the state superintendent; and within twenty days thereafter the state superintendent shall make the apportionment of the funds in such counties as .follows, to wit : One-fourth of the whole amount shall be divided equally among the districts of the state entitled to receive the same and shall be distributed to the counties according to the number of such districts as shown by the report last returned from the county superintendent; and the remaining three-fourths shall be apportioned to the counties accord- ing to the pro rata enumeration of pupils in each county last returned from the county superintendent. The state superintendent shall certify the amount of the apportionment of both the one-fourth and the three-fourths of said state school fund to the superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent. 6931 Sec. 232. Apportionment to districts. The several county super- intendents immediately and within twenty days after receiving such appor- tionment, shall apportion the entire amount as follows, to wit: The share which the state superintendent has certified to be distributed equally to the several districts in the county shall be so distributed. To the balance of the amount distributed to the county they shall add all moneys received by the county treasurer on account of fines and licenses and this sum total shall be distributed to the several districts of the county pro rata according to the enumeration of pupils last returned by the directors of the various dis- tricts. The total apportionment of each district shall be its share in the district apportionment made by the state superintendent for each district, together with its pro rata share of the balance of the amount of the state apportionment added to the amount received from fines and licenses, and no district, city or village, which shall have failed to sustain a school for the length of time required by law shall be entitled to receive any portion of the fund. The enumeration of pupils, on which this apportionment is based, must be made within ten days preceding the last Monday in June. See section 75, article 4. The constitu- tion of 1875 (article VIII., section 7) provides that "no apportionment shall be made from said fund to any district for the year in which school is not maintained at least three months." Where the new district is formed in whole or in part from unorganized territory which c9uld have no school the year before, such a district must have at least three months' school previous to the time of taking the annual census of children and report the same to the county superin- tendent before it can draw state funds. Money cannot be apportioned to counties unless the county superintendent makes a report. In order that a district be entitled to share in the apportionments made in December and June of each school year, the following conditions are necessary: The amount of school specified in section 46, article 2, must have been taught in the district in the school year which ended with the second Monday of the preceding July; the census must have been made at the proper time; and the proper reports must have been made to the county superinten- dent. See sections 75 and 80, article 4, and section 10, chapter 32. 6932 Sec. 233. New districts. When a district is formed from other districts where during the preceding school year school has been kept open the term required by law, such new district will be held and deemed to have had school the lawful time, and apportionment shall be made to it accord- ingly. THE NEBRASKA SCHOOL LAWS 99 COMPILED BY K-B PRINTING CO., OMAHA. Money derived from a license issued by the authorities of an incorporated city or vil- lage authorized to grant licenses goes into the school fund of that city or village; all other license moneys go into the school fund of the county. See 29 Neb., 348. 6933 Sec. 234. Fractional districts. In making the "one-fourth" apportionment each fractional district shall receive one-half as much as a full district. 6934 Sec. 235. Certificate of apportionment. The county superin- tendent shall immediately after making such apportionment enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the re- spective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer when properly countersigned by the moderator. The county treasurer is not authorized to pay out county school fund until it has been apportioned by the county superintendent. 11 Neb., 238. 6935 Sec. 236. No fees for receiving and disbursing. County treas- urers are not allowed to charge a per cent for receiving and disbursing the state school appropriation. 6936 Sec. 237. Misuse of funds. School treasurers are forbidden to lend or use any part of the school moneys which may be in their hands, under penalty of fine and imprisonment, under the provisions of the statute regarding embezzlement. 6937 Sec. 238. Apportionment when drawn. Before a school dis- trict treasurer shall be allowed to draw the state apportionment from the county treasurer, he must present a certificate from the county superin- tendent setting forth that such district has had the legal number of months' school, has made the census report properly, and has made the proper financial report required by law. 6938 Sec. 239. Forest reserve fund distributed to schools. The forest reserve funds, annually paid in to the state treasury by the United States government under an act of congress approved June 30, 1906, shall be distributed among the several counties of the state entitled to the same for the benefit of the public schools and the public roads of such countries under the direction of the state superintendent of public instruction, in the following manner, to wit: First. The state treasurer shall, annually on or before the first Monday in May, certify to the state superintendent of public instruction the amount of money received from the national government as Nebraska's proportionate share of the income from the forest reserves within the state for the fiscal year last past. v Second. The commissioner of public lands andtraildings shall, annually on or before the first Monday in May, make and deliver to the state super- intendent of public instruction a certificate showing the counties entitled to share in the forest reserve fund, together with the number of acres of forest reserves in each county. Third. The state superintendent of public instruction shall, on or before the last Monday in May, make apportionment of said funds to such counties according to the number of acres of forest reserve in each county, and certify 100 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. the apportionment of each county to the county superintendent of the proper county and to the state auditor, who shall draw a warrant on the state treasurer in favor of the various counties for the amount so specified by the state superintendent of public instruction. 6939 Sec. 240. Same apportionment. The several county superin- tendents shall, within twenty days after receiving such apportionment, appor- tion the amount as follows: One-fifth of the whole amount to the public road fund of the county, one-fifth equally to the several school districts in the county, and the remaining three-fifths to the several school districts in the county pro rata according to the enumeration of scholars last returned by the directors of the various districts; and no district, city or village, which shall have failed to sustain a school for the length of time required by law, shall be entitled to receive any portion of the forest reserve fund. 6940 Sec. 241. Same certificate. The county superintendent shall, immediately after making such apportionment, enter the same in a book kept for that purpose, and shall furnish the county treasurer with a certified copy of such apportionment, and each of the directors in the respective districts in his county a certificate, showing the amount due such district, which amount shall be subject to the order of the director on the county treasurer when properly countersigned by the moderator. ARTICLE XXI MISCELLANEOUS PROVISIONS. SECTION 6941. Modern European Language to be taught. 6942. Attendance at nearer school district. 6943. Pupils transportation. SECTION 6944. Instruction in neighboring district. 6945. Secret fraternities. 6946. Expulsion from school. 6947. Rushing violation. Section 1. Health Examination. It shall be the duty of every teacher engaged in teaching in the schools of the state, separately and carefully, to test and examine every child under his jurisdiction to ascertain if such child is suffering from defective sight or hear- ing or diseased teeth, or breathes through its mouth. If such test determines that any child has such defect, it shall be the duty of the teacher to notify, in writing, the parent of the child, of such de- fect and explain to such parent the necessity of medical attend- ance for such child. Whenever a child shall show symptoms of any contagious or infectious disease such child shall be sent to his home immediately, or as soon as safe and proper conveyance can be found, and the board of health or school board or board of education shall be at once notified. Sec. 2. The State Board of Health shall prescribe rules for making such tests, and shall furnish to boards of education and THE NEBRASKA SCHOOL LAWS 101 COMPILED BY K-B PRINTING' GO.yQif^rf A., boards of trustees of school districts rules of instruction, test cards, blanks and other useful appliances for carrying out the purposes of this act. Sec. 3. During the first month of each school year, after the opening of school, teachers must make the tests required by this act upon the children then in attendance at school; and thereafter as children enter school during the year, such tests must be made immediately upon their entrance. Sec. 4. It shall be the duty of the boards of education and school boards of the several school districts of the state to enforce the provisions of this act. Sec. 5. The board of education or school board of any school district may employ regularly licensed physicians to make the tests required by Section 1 of this Act, and when such tests are made by a physician, the teachers shall not be required to make the tests provided for in Section 1 of this Act. Sec. 6. Any person violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed one hundred dollars. Senate File No. 93, Session 1919. Section 1. Exhibit of school work open for public premiums. There shall hereafter be held at the county seat of each county, under the supervision and direction of the County Superin- tendent, and county board, on or before the first day of May of each year, an exhibit of school work done in each school district of said county during the current school year. The nature and character of said exhibit shall be determined by the county super- intendent. Said exhibit shall be open to the public for not less than one nor more than three days. The county superintendent shall annually offer and award premiums intended to stimulate the interest in school affairs. A list of premiums to be awarded shall be published in the various county papers, or other school news, at least sixty days before the date or dates fixed for said ex- hibit. Each year the county board shall make arrangements to have said county school exhibit taken to the County Fair of said county, if there be one, and to the Nebraska State Fair at Lincoln. Section 2. Expenses, how paid. To defray the expenses incident to assembling and carrying on of said annual county school exhibit a sum equal to not less than two and one-half cents nor more than five cents for every pupil of school age shall^upon the written re- quest of the teachers of at least one-half of the schools for said county be set aside each year from the general fund of said county by the county board. Said fund shall be known as " - County School Exhibit Fund." It shall be the duty of the county board to pay all bills incurred or approved by the county superin- tendent of said county for the purpose of carrying out the pro- visions of this act, not exceeding the sum set aside for such pur- 102 THE NEBRASKA 'SCHOOL LAWS ?bk?i&D fct K -3 P ?XFTINO CO., OMAHA. poses. Said board may in its discretion include said item of expense incident to said exhibit in its annual estimate and levy a tax for the payment thereof together with other necessary taxes for the cur- rent year. House Roll No. 384, Session 1919. Emergency. Section 1. United States flag on school grounds. Flags and flagstaffs shall be acquired, constructed, maintained and used on the grounds of public institutions of learning in the following manner: Each such institution shall erect and maintain in a suitable place upon its grounds a flag staff of any suitable material which shall be not less than twenty feet high and painted white. Sec. 2. Displayed in each room patriotic exercises. The flags to be acquired for use upon said poles shall be not less than six feet by eight feet in size for urban schools and six feet by four feet for rural schools. The colors shall be fast colors and the cloth shall be of good substantial material. The said flags shall be so arranged upon the said poles as to be raised and lowered with ease. The national flag of the United States of America of any convenient size shall be conspicuously and continuously displayed on the interior wall of every school room, class room and chapel in the public school buildings of the State of Nebraska. A program pro- viding for a salute to the flag and such other patriotic exercises as may be deemed best adapted to. the requirements of whatever grades in such schools shall be carried out by each teacher on Lincoln's birthday, Wash- ington's birthday, Memorial Day, Flag Day, and upon such other special occasions as may be required by law or rule of the school board. Sec. 3. Donations. Each public school or institution of learning shall acquire, and maintain a flag staff and flag in accordance with this act. A donation may be accepted for this purpose, but if no donation is made the same shall be paid for out of the funds for the maintenance of such public institution of learning. Sec. 4. Display on holidays. The said flags shall be raised upon their respective staffs on all national holidays and special school occasions, and they shall remain thereon from nine o'clock in the morning until four o'clock in the afternoon when the weather conditions are favorable. Sec. 5. State Superintendent to govern. The state superintend- ent is empowered to make rules and regulations governing the use of the flag by schools and it is hereby made his duty to enforce the provisions of this act. The provisions of this act within the meaning of this section shall be deemed and taken to apply not only to the common schools of the state but also to the public high schools, public normal schools, state university and each and every other public institution of learning of every nature and description whatsoever. The word pupils, within the meaning of this act, shall be deemed and held to apply to every person receiving instruction in any public institution of learning. Sec. 6. Penalty. It shall be the duty of the governing board of each public school or institution of learning within this state to provide a flag and flag staff in accordance with this act and to enforce the rules and regu- lations of the State Superintendent regarding the same. Any person or THE NEBRASKA SCHOOL LAWS 103 COMPILED BY K-B PRINTING CO., OMAHA. persons violating the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined any sum not less than ten dollars nor more than one hundred dollars. House Roll No. 730, Session 1917. Section 1. Teach English only in common school branches. No per- son, individually or as a teacher, shall, in any private, denomina- tional, parochial or public school, teach any subject to any person in any other language than the English language. Sec. 2. Languages, other than the English language, may be taught as languages only after a pupil shall have attained and successfully passed the eighth grade as evidenced by a certificate of graduation issued by the county superintendent of the county in which the child resides. Sec. 3. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than Twenty-five ($25) dollars, nor more than One Hundred ($100) dollars or be confined in the county jail for any period not exceeding thirty days for each offense. Senate File No. 24, Session 1919. Emergency. 6941 Sec. 242. Modern European language to be taught. In every high school, city school or metropolitan school in this state the proper authorities of such school districts shall upon the written request when made at least three months before the opening of the fall term of such school "bjyfcll^ PfF^DJ H ^> r * ru | a TC ljff' ns of fifty pupils above the fourth vide for the t yfcn Jthe^e|[ aboy t^eyfe^tljgradeg as^ary leffive course of study, oj suchimodern J^uropean^langTrag a^ mrr^^b^-fresignated in such request. Provided, not more than five hours each week and not less than one period each day shall be devoted to the teaching of any such modern European language in any elementary or grade school. 6942 Sec. 243. Attendance at nearer school district. When children of school age reside with their parents or guardians more than one and one-half miles from the school house in their own district, and nearer to the school house in any adjoining district, the distances to be measured by the shortest route possible upon section lines or traveled roads open to the public, such children may have school privileges in the adjoining dis- trict instead of in the district of their residence, under the following condi- tions, to wit: The parent or guardian of such children shall, at or before each annual meeting, notify the county superintendent of each district affected, using such form of notice as the state superintendent shall pre- scribe, which notice shall state the distances, as herein provided, and shall be attested by the signature of a legal voter and tax payer of the district in which the children or wards reside, and the signature of a majority of the members of the school board of the district in which such children or wards desire school privileges, in addition to the signature of such parent or guardian; and the county superintendent shall notify the director of each district to transfer such person, together with such children or wards, to such adjoining district for school purposes for the year next ensuing and it 104 THE NEBRASKA^SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. shall be the duty of the county superintendent to see that the children or wards are enumerated in the adjoining district and not in the district of Lheir residence. The county superintendent shall notify the county clerk of the transfer, and the county clerk shall be empowered and it is hereby made his duty, to place the school taxes, except for the payment of existing bonds or interest on the same, of the parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing, in the adjoining district instead of in the district of their residence, basing such school taxation upon the levy for school pur- poses in the adjoining district, and the assessed valuation of the property of such parents or guardians and the real estate as determined by the proper officers, and the taxes shall be collected as provided by law for the other taxes: Provided, when such transfer shall have been made, the child- ren continue to have school privileges in the adjoining district until their parents or guardians shall, in writing, notify the county superintendent of their desire to be again transferred to the district of their residence or shall remove from said real estate; in either event, the county superintendent shall notify the county clerk of such re-transfer, and the taxes of the parent or guardian and the real estate shall again be placed in the district of their residence: Provided, further, the parents or guardians of the pupils so trans- ferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. A person transferred under this section is eligible to school office in the district to which he is tiansf erred. The transfer of pupils provided for in section 243, article 21, of the School Laws, is made entirely independent of any action of the annual district meeting of either district affected. In other words, the annual district meeting has no power to authorize or prevent such transfer. The application for transfer must be made not later than the annual meeting. The county superintendent may notify the directors a little later, but the county superintendent should be notified by the applicant not later than the annual meeting in order that the transfer may be legally made. Children transferred to an adjoining district under section 243, article 21, are included in the census of said adjoining district and their share of the apportionment is paid to such district. There is no statutory provision authorizing the payment of a pupil's share of the state apportionment to the credit of any district other than that in which said pupil is enumerated. Pupils transferred from one district to another under section 243, article 21, should attend the nearest school of the adjoining district. The property of a person transferred under the provisions of this section would be taxed for free high school tuition of other pupils living in the district to which he is transferred, or if there is a high school in the district to which he is transferred, his property would be taxed for the maintenance of such high school. When a transfer has been made under section 243, article 21, it becomes a matter of record. The reports from the two districts are made up on the basis of the change, the school apportionment is made out on that basis, the taxes of the party have been transferred and there seems to be no way by which he may be re-transferred until the next annual meeting. In case a renter, who has his children and taxes transferred to an adjoining district under section 243, article 21, removes from the district, and another renter occupies the resi- dence vacated by the former, the second renter would have free school privileges only in the district of his residence. If a transfer was made before a change of site was ordered by the annual meeting, when the reasons for granting such transfer were modified by such change of site, such a transfer would become null and void. The law makes no provision for the director of an adjoining district to reject pupils who are transferred under the provisions of section 4a, subdivision 5. The distances spoken of in section 243, article 21, are to be measured by the shortest route possible upon section line or roads open to the public. Section lines are not recognized as roads within the meaning of section 243, article 21, until they have been declared open by the county board. If the section line is not open to the public, it is not to be taken into account in measuring the distance. Whenever the public generally is permitted to travel over a certain road without ob- jection or hindrance by the owner of the land, and the road is used to some extent in that way, such a road is a "traveled road open to the public" within the meaning of section 243, article 21. Where a tract of land upon which there is a railroad bed is transferred under the pro- visions of section 243, article 21, School Laws, the taxes accruing from such railroad bed do not transfer. THE NEBRASKA SCHOOL LAWS 105 COMPILED BY K-B PRINTING CO., OMAHA. A renter is entitled to the privileges mentioned in section 243, article 21. The county clerk is empowered and it is made his duty, to place the school taxes (except for the payment of existing bonds or interest on the same) of the said parents or guardians and of the real PS- state on which they reside, not exceeding a quarter section of land, for the year next ensuing in the said adjoining district instead of the district of their residence. Note that it is all the taxes of said parents or guardians including the taxes of the real estate on which said parents or guardians reside, notwithstanding the fact that they may be living on land which does not belong to them. The county superintendent would have authority to revoke a transfer to a nearer school under section 243, article 21, if upon investigation he finds the conditions do not comply with the law. If it is granted upon misrepresentation, it is his duty to revoke the transfer. In case a party who desires to be transferred under section 243, article 21, cannot secure signatures to his petition, there seems to be no way in which the transfer can be made. Parents or guardians of the pupils so transferred shall have the right to vote in the dis- trict to which such pupils are transferred on all school matters except that of issuing bonds. They would have the right to vote on the issuance of bonds in the original district. Does not apply to citizens of another state seeking transfer to Nebraska for public school purpose. 6943 Sec. 244. Pupils transportation. A board of education of a city, or a board of trustees of a high school district, b.y a two-thirds vote of the entire board, or a district board of any school district in this state when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to make provision for the transportation of pupils residing within the district to any other school to which said pupils may lawfully attend, whenever the distance from such school shall render it impracticable for said pupils to attend without transportation. Section 1. District furnish transportation upon request upon re- fusal pay tuition in any public school in state. When any child of school age shall reside with his parents or guardian more than two miles from the school house, in the school district of his residence, and more than two and one-half miles from a school house in an ad- jacent district, and the school board of such residence school dis- trict shall refuse to furnish free transportation for such child to such school house upon the written request of such parents or guardian, such child may attend the public school in any school district in the state of Nebraska, and such school district refusing to furnish free transportation shall be liable for the tuition of such child at the public school which he shall attend. House Roll No. 69, Session 1919. 6944 Sec. 245. Instruction in neighboring district. That a board of trustees of a high-school district, or a district board of a school district in this state, when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to contract with the district board of any neighboring district for the instruction of pupils residing in the first named district in schools maintained by the neighboring district, and to make provision for the transportation of such pupils to the above named school of the neighboring district under the conditions named in the preceding section; Provided, school districts thus providing instruction for their children in neighboring districts shall be considered as maintaining a school as required by law; Provided, further, the teacher of the last named school shall keep a separate record of attendance of all pupils from the first named district and make a separate report to the director of said district. 6945 Sec. 246. Secret Fraternities It shall be unlawful for the pupils of any public high school or other elementary schools of thisjstate to par- 106 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. ticipate in or be members of any secret fraternity or secret organization .whatsoever that is in any degree a school organization. 6946 Sec. 247. Expulsion from school. All boards of education and boards of trustees of high school districts or of county high schools are hereby authorized and empowered to deny to any student regularly enrolled in such high school or elementary school, who shall violate the next preceding section, any or all of the privileges of such high school or elementary school, or to expel any such student for failure or refusal to comply with the next preced- ing section or the next following section. 6947 Sec. 248. Rushing violation. It is hereby made a misdemeanor for any person, whether a pupil of any such school or not, to be upon the school grounds or to enter any school building for the purpose of "rushing" or soliciting, while there, any pupil or pulpils of such schools to join any fra- ternity, society or association organized outside of the schools. All county courts and justices' courts in the state shall have jurisdiction of all offenses committed under this section, and all persons found guilty of such offenses shall be fined not less than two dollars nor more than ten dollars. ARTICLE XXII. SCHOOLS IN CITIES OF OVER FIFTEEN HUNDRED INHABITANTS. SECTION 6948. District body corporate. 6949. General control free schools. 6950. Board of education. 6951. Elections. 6952. Oaths vacancy. 6953. Meetings. 6954. General powers compensation. 6955. Officers superintendent. 6956. President. 6957. Vice-President. 6958. Secretary. 6959. Same bond. 6960. Treasurer bond. 6961. Property of districts merged. SECTION Vacancies. Quorum. Accounts money, when appropriated. Census. City certificate required of teacher. Board not interested in contracts. Disposal of property. Payment of debts funding bonds. Estimate of expenses taxes. Limit of taxation bonds. Interest and sinking fund. Purchase of bonds before maturity. Control of funds. Taxes paid in money. 6967. 6968. 6969. 6970. 6971. 6972. 6973. 6974. 6975. 6948 Sec. 219. District body corporate. The territory embraced within the corporate limits of each incorporated city or village in the state of Nebraska, or those hereafter incorporated as such (together with such addi- tional territory and additions to such city or village as may be added thereto), as declared by ordinances to be boundaries of such city or village, having a population of more than one thousand (1,000) inhabitants, including such adjacent territory as now is, or hereafter may be attached for school purposes, shall constitute one school district, and be known by the name of "the school district of (name of city or village), in the county of (name of county), in the THE NEBRASKA SCHOOL LAWS 107 COMPILED BY K-B PRINTING CO., OMAHA. state of Nebraska," and as such, in that name, shall be a body corporate and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law, and the title to all school buildings or other property, real or personal, owned by any school district within the corporate limits of any city or village, shall upon the organization of the district under the provisions of this article vest immediately in the new district; and the board of education, by this article provided, shall have exclusive control of the same for all pur- poses herein contemplated; Provided, any territory not included in the corporate limits of any city or village and containing territory or a number of children sufficient to constitute a school district under the provisions of this chapter, may, by petitions signed by at least a majority of the legal voters of such territory, and a majority of the board of education of such city or village, be, by the county superintendent, erected into a separate district under the conditions imposed by this chapter. House Roll No. 153. Consolidation of district; payment of debts.. 15 Neb., 4. Cited 10 Id. 12. 6949 Sec. 250. General control free schools. All schools organized within the limits of said cities shall be under the direction and control of the boards of education authorized by this article. Such schools shall be free to all children between the ages of five and twenty-one years, whose parents or guardians live within the limits of the district, and all children of school age non-residents of the district who are or may be by law allowed to attend said school without charge. 6950 Sec. 251. Board of education. The boards of education con- templated by this article shall consist of six members who shall be elected upon a general ticket from among the legal voters who are tax payers at the time for holding the general city election in each year. At the first election in cities organized under this article two members shall be elected for a term of three years, two for two years and two for one year, and annually thereafter two members shall be elected for three years and until their suc- cessors are elected and qualified and installed in office: Provided, in cities of the first class having a population of less than forty thousand and more than five thousand inhabitants the board of education shall at the option of the school district consist of nine members who shall be qualified electors of such city, and shall be actual tax payers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to wit: At the first annual city election held after organizing under this article, three members shall be elected for the term of three years, three for two years and three for one year; and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified: Provided further, in cities of the first class having a population of more than forty thousand and leslTthan a hundred thousand the board of education shall consist of six members who shall be elected in manner following: At the general city election to be held in the year 1905, and every six months thereafter, there shall be elected two members of the board of education for a term of six years. At the general city election to be held in the year 1907, and every six years thereafter, there shall be elected two members of the board of education for a term of six years. At the general 108 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. city election to be held in the year 1909, and every six years thereafter, there shall be elected two members of the board of education for a term of six years : Provided, incumbents in office, whose terms expire subsequent to the general election of said city for the year 1905, shall be privileged to continue in office until their successors are elected and qualified as herein provided; those whose terms shall first expire shall be superseded by those first elected under the provisions of this article. The members of the board of education shall enter upon the duties of their office on the first Tuesday succeeding their election. In event of a vacancy among the members of the board of educa- tion, such vacancy shall be filled by nomination by the mayor and confirma- tion by the city council, and such appointment shall continue for the unex- pired term. Provided further, that nominations of candidates for members of the board of education shall be chosen at the primaries at the same time and in the same manner as candidates are chosen for members of the city commission and no filing fee shall be required of such candidates. 6951 Sec. 252. Elections. That the ballots for the election of mem- bers of the board of education, for authorizing the issuance of bonds, or the purchase of sites and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received, and returns made by the regular election board; the returns for the election of members shall be convassed in the same manner as provided for in the case of city officers; the returns for the issuance of bonds, purchase of sites, and erection of buildings shall be made to and canvassed by the board of education 6952 Sec. 253. Oaths vacancy. All persons elected as members of boards of education shall, on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and the vacancy thereby occasioned shall be filled by the board as hereinafter provided. 6953 Sec. 254. Meetings. The regular meetings of the boards of education shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circumstances may demand, and all meetings of the board shall be op"en to the public, unless otherwise speci- ally ordered. 6954 Sec. 255. General powers compensation. The boards of edu- cation shall have power to select their own officers and make their own rules and regulations subject to the provisions of this subdivision and of this act; but no member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his office. 6955 Sec. 256. Officers superintendent. The term of members elected shall begin with the first Monday in May succeeding their election each year, and the members of the board shall thereupon elect a president and vice- president from their own number, and a secretary either from their own num- ber or outside, in the discretion of the board, and they shall determine the salary of such secretary, not to exceed, however, $720.00 per annum, pro- vided that the limitation of salary shall not apply to school districts compris- ing territory within the corporate limits of cities of the first class having a population of more than 40,000 and less than 100,000. Each of the officers THE NEBRASKA SCHOOL LAWS 109 COMPILED BY K-B PRINTING CO., OMAHA. shall serve for the term of one year or until their successors are elected and qualified. They may also elect at any regular meeting one superintendent of public instruction with such salary as the board may deem best, and they may enter into contract with him at their discretion, for a term not to exceed three years. The election of the officers of the board, of the superin- tendent and teachers, and all elections for filling vacancies on the board shall be by ballot, and no person shall be declared elected except he receive the vote of a majority of all the members of the board. 6956 Sec. 257. President. It shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. 6957 Sec. 258. Vice-president. It shall be the duty of the vice- president to perform all the duties of the president in case of his absence or disability. 6958 Sec. 259. Secretary. It shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law, and deposit the same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall receive such salary as the board may deem adequate. 6959 Sec. 260. Same bond. Before entering upon the discharge of his duties the secretary of the board shall give bonds in the sum of not less than one thousand dollars, to be determined by the board, with good and sufficient sureties, and shall take and subscribe an oath or affirmation before a proper officer, that he will support the constitution of the state of Nebraska, and faithfully perform the duties of his office. 6960 Sec. 261. Treasurer bond. The city treasurer of such city shall be ex officio treasurer of the school district. He shall attend all meet- ings of the board when required so to do, and he shall prepare and submit in writing a monthly report of the state of its finances, and he shall pay school moneys only upon warrants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of guch bond shall be paid by the school district. 6961 Sec. 262. Property of districts merged. Within ten days after the permanent organization of a board of education as provided for in this subdivision, it shall be the duty of all officers of school districts within the limits of cities aforesaid to deliver to the officers of the board all property, funds, and papers entrusted to their care, for the use of the public schools of 110 THE NEBRASKA SCHOOL LAWS COMPILED BT K-B PRINTING CO.,OMAHA. such cities, and all funds thus received shall be immediately paid to the treasurer of the board, and be by him placed to the credit of the school district provided by this article. 6962 Sec. 263. Vacancies. The boards of education shall have power to fill any vacancies which may occur in their body from among the legal voters who are tax payers; Provided, any vacancy occurring more than ten days previous to the annual city elections, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term." 6963 Sec. 264. Quorum. A majority of all the members of each board of education shall constitute a quorum, but a less number in attend ance at any regular meeting shall have, and a quorum at any special meeting may have, power to conpel the attendance of absent members, in such a manner, and under such penalties as such board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board, unless on account of sickness or consent of the board, removal from the district, or resignation accepted by the board shall vacate his position on the board, and such vacancy shall be filled in accordance with the provi- sions of this article. 6964 Sec. 265. Accounts money, when appropriated. All accounts shall be audited by the secretary, approved by a committee, to be styled the com- mittee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accordance with the provisions of a written con- tract; nor shall any money be appropriated out of the school fund, except on a recorded affirmative vote of a majority of all the members of the board, and said accounts and the records of the board in cities of the first class shall at all times be subject to the inspection and examination of the auditor of such city, whose duty it shall be each month to examine the records and check the accounts and from time to time, as may be required by ordinance or resolution of the city council, report to the council the nature and state of the accounts, and any facts that may be required concerning the records. 6965 Sec. 266. Census. The boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall report the same, together with such other information as required by article 4 of this chapter, to the county superintendent of public instruction, at the time specified by law for like returns from other districts. la order that the county superintendent may legally apportion to a city school district its full share of the state apportionment of public school moneys, the secretary of the board of education of the city school district must file with the county superintendent, under oath, a statement showing that each and every teacher in such school district is legally qualified to teach therein. The statement must show the grade of the certificate held by each and every teacher, when, where, and by what authority issued, and on what qualifications. This report should be made to the county superintendent at the time the city school district files its report of the school census. THE NEBRASKA SCHOOL LAWS 111 COMPILED BY K-B PRINTING CO., OMAHA. 6967 Sec. 268. Board not interested in contract. It shall be unlawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of schoolhouses, or for warming, ventilating, furnishing, or repairing the same, or to be in any manner connected with the furnishing of supplies for the maintenance of the schools. 6968 Sec. 269. Disposal of property. No school property of any kind belonging to any school district shall be sold by the board of education, except (upon an order passed) at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board. 6969 Sec. 270. Payment of debts funding bonds. Each of the school districts provided for in the first section of this article shall have the power, and it shall be the duty of the board of education to provide for the payment of debts created by school districts or other school organizations superseded by the districts herein provided for, when such debts shall have been incurred in the erection of schoolhouses, or for other school purposes; if any portion of such debts shall be in the form of bonds, if issued for a valuable consideration, and in accordance with law, the validity of which has not been called in question, or if called in question have been declared by courts of last resort to be valid, the holder or holders thereof, on surrendering the same to the board, shall have the right to demand, and it shall be the duty of the board, in the name of the district created by this article to cause to be issued other bonds of like amount, of the same tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this article, whenever said fractional part shall petition and become a part of said district, as provided for in the first section of this article; Provided, the latter shall assume and pay only such propor- tion of the debt of the divided district as the assessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city of the first class, it shall be the duty of the county superintendent of public instruc- tion, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such a manner that each district shall bear its proportion of the indebtedness, as heretofore provided, and have its proportion of the assets of the district. 6970 Sec. 271. Estimate of expenses taxes. The board of educa- tion shall annually, during the month of June, report to the county board an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds required for the purchase of school sites, the erection of school buildings, the payment of interest upon all bonds issued for school purposes, and the creation of a sink- ing fund for the payment of such indebtedness; and the county board are hereby authorized and required to levy and collect the necessary amounts the same as other taxes; a duplicate of said certificate shall be filed by the board with the city council. Cited 36 Neb.. 263. 112 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 6971 Sec. 272. Limit of taxation bonds. The aggregate school tax, exclusive of school bond and special warrant taxes, shall in no year exceed such a sum or rate as shall he necessary to raise the sum provided for by the estimate returned in accordance with Section 6970 of the Revised Statutes of Nebraska for the year 1913, provided such levy shall in no event exceed 100 mills. But the board of education may borrow money upon bonds or war- rants which they are hereby authorized and empowered to issue, bearing a rate of interest not to exceed 6 per cent per annum, interest payable annually or semi-annually at such place as may be mentioned upon the face of the bonds or special warrants which loan shall be paid and reim- bursed, in the case of bonds, in a period not exceeding thirty years from the date of said bonds, and, in case of special warrants, the same shall be paid from the proceeds of a special levy for that purpose as is provided for the payment of bonds herein referred to. Provided, no bonds or special warrants shall be issued nor the question of issue submitted to the voters without the consent of two-thirds of the members of the board of education and be offered in the open market and sold to the highest bidder for not less than par value of the dollars; and provided further, no bonds nor special warrants shall be issued by the board of education without first submitting the proposition of issuing the bonds or special warrants at an election called for that purpose, or at any regular election, notice whereof shall be given for at least twenty days in one or more newspapers published within the district to the qualified voters of the district and at such election there shall be submitted to the qualified voters the question of the issuance of bonds or special warrants of the district and if a majority of the ballots cast at such election shall be for issuing bonds or special war- rants, the board may issue bonds or special warrants, as the case may be, in such amount as may be named in the election notice. Provided further that when there shall have been presented to such board of educa- tion signed by at least fifty-one per cent of all of the legal voters of said district, praying for the issuance of such bonds or special warrants, the board of education may issue such bonds or special warrants, in such amount as may be named in such petition, without having submitted the question of the issuance of the same to the voters of said district at any election. Provided, in cities of the first-class having over 25,000 inhabitants, if such question is sub- mitted at a special election, it shall require to carry the same a two-thirds majority of the votes cast at such election. Senate File No. 70, Session 1919. 6972 Sec. 273. Interest and sinking fund. The board of education is hereby authorized and required to provide, before the same shall become due for the interest on all bonds issued by the district; they shall also, immediately after the expiration of one-half of the time for which said bonds are issued, proceed to set apart each year, for a sinking fund, a requisite amount or proportion sufficient to pay the principal of said bonds when they shall be- come due. All moneys set apart for said sinking fund shall be invested: First. In the purchase and redemption of bonds of the school district, THE NEBRASKA SCHOOL LAWS 113 COMPILED BY K-B PRINTING CO., OMAHA. which bonds shall be purchased in open market, in such manner as the board of education shall prescribe. Second. In bonds of the county in which the city is situated. Third. In bonds of the state of Nebraska. Fourth. In U. S. Bonds. Fifth. In bonds of the city. 6973 Sec. 274. Purchase of bonds before maturity. If it shall be deemed advisable by the board of education to purchase bonds issued under the provisions of this chapter, before maturity, the treasurer shall sell to the highest bidder, in open market, and in a manner prescribed by the board, such bonds or securities as shall belong to the school funds, and the proceeds thereof shall apply to purchase of bonds herein provided for. 6974 Sec. 275. Control of funds. All moneys arising from any source whatever, which are payable to any school fund of any city of the state or any moneys which are required to be set apart by the treasurer of any such city for the support and maintenance of any school therein, shall be payable to the treasurer of the board of education, and shall be used only for the purpose specified in this article. 6975 Sec. 276. Taxes paid in money. All taxes collected for the bene- fit of the public schools shall be paid in money, and shall be subject to the order of the board of education. ARTICLE XXIV SCHOOLS IN METROPOLITAN CITIES. 7028 Sec. 329. Tax limit in metropolitan school district. The aggregate school tax shall not in any one year exceed 50 mills on the dollar upon all the taxable property of the district. House Roll No. 190, Session 1919. Emergency. Section 1. Borrow money issue promissory notes. That school districts in cities of the metropolitan class may borrow money to the amount of 70 per cent of the unexpended balance of. any existing levy, and may execute and deliver in evidence thereof their prom- issory notes which they are hereby authorized and empowered to make the negotiate, bearing a rate of interest not exceeding 6 per cent per annum, and maturing not more than one year from the date thereof. Such notes, before they are negotiated, shall be presented to the Treasurer of the School District and registered by him, and shall be payable out of the funds collected upon the levy in the order of their registry after the payment of prior regis- tered warrants, but prior to the payment of any warrant subse- quently registered. Senate File No. 82, Session 1919. Emergency. Section 1. Rural portion of metropolitan school districts may have tax levy extended on county tax lists. Whenever a city of the 114 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. first or second class or a village is merged or consolidated, according to law, with the city of the metropolitan class, the school district of the city or village consolidated with the metropolitan city shall also be and be deemed merged and consolidated with the metropolitan school district and become a part thereof, and thereupon all laws, rules and regulations governing and the metropolitan city school district and its schools shall extend over the districts and schools embraced and established within the territory of any city or village school district thus consolidated with the metro- politan city and district; and the metropolitan city school district shall succeed to all the property, property rights, contracts, obligations or grants of such school district so consolidated with it, and the metropolitan city school district shall be liable for, recognize, assume and carry out all valid contracts, obligations or grants of any such city or village school district so consolidated with it. Provided, however, that where the school district boundaries of said school district extend outside of said metropolitan city, such part of said school district shall have its Tax Levy extended upon the County List Tax, in the manner provided for all other School Districts of said county, outside of the School District of the city of Omaha. And said taxes shall he paid to the County Treasurer at the same time that other School District taxes are paid. Senate File No. 158, Session 1919. Sec. 2. Teaching force of merged city. All principals of schools and all teachers of both high schools and grade schools regularly employed, at the time of such consolidation, by any village or city school district thus merged and consolidated with a metropolitan city school district shall be and become, by virtue of such consolidation, members of the teaching staff or force of the metropolitan school district and the time of their pre- vious services in the city or village school district shall be taken into account in determining their status, salaries, rights to retirement and to participation in any relief or pension fund provided by general law, or by any law governing metropolitan school districts, and all other rights the same as though such principals or teachers had previously served for equal lengths of time in the metropolitan city school district. And all janitors, firemen and employees of the schools of the cities and villages so consolidated with said Metropolitan city shall be entitled to the same rights and privileges regarding their employment as other janitors, firemen and employees belonging to such metropolitan city; and any city or village at the time of such merger or consolidation with a metropolitan city, having a high school teaching four grades, shall have such high school with at least the same number of grades perpetually con- tinued within its limits after such merger as one of the high schools of the said metropolitan city. Sec. 3. Consolidation of former school districts. Upon such consolidation taking effect, the office and tenure of office of all Boards of Education, School District Directors and other school district officers of any such city or village school district consolidated with the metropolitan city school district, shall cease and terminate; and all officers of any city THE NEBRASKA SCHOOL LAWS 115 COMPILED BY K-B PRINTING CO., OMAHA. or village school district thus consolidated with the metropolitan city school district having any funds, records, books, papers or property of any kind in their hands or under their control belonging to such city or village school district shall, upon the taking effect of such consolidation, deliver the same to such officer of the metropolitan school district as may be by law or resolution of the Board of Education of the metropolitan school district entitled to receive them,. Chapter 235, Session Laws 1915. ARTICLE XXV. STATE NORMAL SCHOOLS. SECTION 7057. Direction and control. 7058. Officers of board. 70 59 . Secretary duties report. 7060. Teachers and employees. 7061. Compensation of board. 7062. Meetings. 7063. Preservation of property. 7065. Principals responsibilities. SECTION 7066. Morals of pupils no religious test. 7067. Diplomas certificates. 7068. Control of funds. 7069. Endowment of funds. 7070. Matriculation fees. 7071. Dormitory fund. 7072. Purpose of schools. 7073. Admission of pupils. 7057 Sec. 358. Direction and control. All of the state normal schools shall be under the direction of a board of education, consisting of seven members, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of the board. All vacancies occurring in the board shall be filled by appointment of the governor. 7058 Sec. 359. Officers of board. The members of the board of edu- cation, shall annually elect a president and a secretary among their own num- ber and the state treasurer shall be treasurer of the board by virtue of his office. 7059 Sec. 360. Secretary duties report. It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding year, vouchers for which shall be kept on file in the office of the secretary, and open to the inspection of the governor, auditor, and members of the legislature. 7060 Sec. 361 . Teachers and employees. The board shall have power to appoint a principal, assistant teachers, and such other employees as may be required, for each normal school, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided the affirmative votes of four members of the board shall be necessary to remove a principal or an assistant during the time for which such persons were appointed. 7061 Sec. 362. Compensation of board. The board. of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board. 116 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 7062 Sec. 363. Meetings. The board shall hold each year a regular meeting at or near the close of each semester, and such special meetings as may be found necessary. 7063 Sec. 364. Preservation of property. The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the normal schools. 7065 Sec. 366. Principal, responsibilities. The principal of each school shall be the chief executive officer thereof, and shall be responsible to the board for the control and management of the same. All teachers and other subordinates in each school shall be under the direction of the principal thereof, subject to the general regulations of the board. 7066 Sec. 367. Morals of pupils no religious test. The board in their regulations, and the principal in his supervision and government of the school, shall exercise a watchful guardianship over the morals of the pupils; but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school. 7067 Sec. 368. Diplomas certificate. Any student of good moral character having completed the elementary course of the state normal schools of this state shall be granted an elementary state certificate by the board of education of the state normal schools, which shall be good for a term of not less than one year and not to exceed three years from date of issuance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Any student completing the higher course of study in a saticfactory manner shall be granted by the board of education of the state normal schools a diploma which shall be recognized as a first grade [state] certificate, which shall entitle the holder to teach in any of the schools of the state without further examination for the space of three years. Any graduate of the higher course, who shall, after graduation, teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct and satisfactory discharge of pro- fessional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be granted by the board of education of the state normal schools an additional diploma which shall be recognized as a professional state certificate good for life. Provided, any teacher producing satisfactory proof of three years' successful teaching previous to graduation in the higher course of study may receive such diploma upon graduation. Provided, no life diploma shall be in force after its holder shall permit a space of three years to laspe without following some educational pursuit; unless said diploma be endorsed by the state superintendent; Pro- vided, Each holder of a certificate from the elementary course, or a diploma from the higher course, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of county. Sec. 368a. Training of rural teachers. There shall be established in the state normal schools of Nebraska a course of study for rural teachers. THE NEBRASKA SCHOOL LAWS 117 COMPILED BY K-B PRINTING CO., OMAHA. Said course shall contain thorough instruction in the common school subjects, rural sociology, management and organization of rural schools, observation, consideration of how to organize a rural school and make the school house a social center, manual training, sanitary science, household economy, agri- culture and vocal music. The course shall cover two years, and mature students may enter directly from the tenth grade, and upon completion of said course may be granted county certificates under the rules to be pre- scribed by the state superintendent of public instruction. 7068 Sec. 369. Control of funds. All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease and sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein contained. The treasurer shall pay out of the proper funds all drafts for moneys to be expended under the provisions of this article, such orders or drafts. to be drawn by the auditor on certificates by the secre- tary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting. 7069 Sec. 370. Endowment funds. All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school, and all the endowment fund hitherto derived from the sale of such lands, shall be, and the same is hereby, confirmed as such endow- ment, to be forever used for this purpose. 7070 Sec. 371. Matriculation fees. Students, when entering any nor- mal school for the first time, shall pay a matriculation fee of five dollars. The moneys thus received shall be paid into the hands of the state treasurer, and shall be held as a library fund, and the board of education shall, from time to time, appropriate the same for the purchase of books for the normal school library. 7071 Sec. 372, Dormitory fund. All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of such dormitory and the furniture of the same, whenever such repairs are needed. 7072 Sec. 373. Purpose of schools. The exclusive purpose of normal schools is the training and instruction of persons, both male and female, in the arts of teaching and managing schools, and in the principles and practice of the various branches of learning taught in our public schools. 7073 Sec. 374. Admission of pupils. The board shall make such rules and regulations for the admission of pupils to the schools as may seem to be best for the interest of the schools and not inconsistent with the purpose for which they have been established. No pupil shall be admitted to said schools who does not possess at least a two years' high school education, or its equiva- lent, as outlined in the Nebraska high School manual issued jointly by the University of Nebraska and the state superintendent of public instruction. Provided, pupils of mature age, who have completed the course of study in their home districts, or its equivalent, may be admitted to a preparatory department under such rules and regulations as the board may prescribe. Provided further, nothing in this act shall apply to the junior normals or to the attendance at the summer term of the normals. 118 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Section 1. Courses in training teachers of rural schools state normals. There may be established in the state normal schools of Ne- braska two courses of study for the training of rural teachers, an elemen- tary course and an advanced course. The elementary course shall be two years in length and shall include thorough instruction in the common school subjects, rural sociology, the management and organization of rural schools, manual training, domestic science, and such other subjects as the Board of education of Normal Schools may deem necessary to equip the student for rural school service. To enter this course the student shall be at least sixteen years of age and have completed the eighth grade or its equivalent. On the completion of the elementary course he shall receive a rural ele- mentary certificate good for three years. This certificate may be renewed by such further advanced study as may be prescribed by the Board of Education of State Normal Schools. Qualifications subjects certificates. The advanced course shall be two years in length. To enter this course the student must have com- pleted the elementary rural course or its equivalent. This course shall contain such subjects as may be prescribed by the Board of Education of State Normal Schools. On the completion of the advanced course the student shall receive a first grade rural state certificate and after three years of experience shall be entitled to a professional rural state certificate good for life. Teachers and high school graduates. Teachers of experience and graduates of four year high school courses may complete the advanced rural school course and receive the certificate by pursuing such work as may be prescribed by the Board of Education of State Normal Schools. The ad- vanced certificate shall also be valid in village and town schools as con- templated under the school laws of Nebraska. House Roll No. 350, Session 1917. ARTICLE XXVI. 7084 Sec. 385. Colleges of university. The university may embrace the following colleges: First A graduate college; Second a college of arts and sciences; Third a college of agriculture; Fourth a college of engineering; Fifth a teacher's college; Sixth a college of law; Seventh a college of medicine; Eighth a college of pharmacy. THE NEBRASKA SCHOOL LAWS 119 COMPILED BY K-B PRINTING CO., OMAHA. PROMOTION OF VOCATIONAL EDUCATION. Section 1. Vocational education acceptance of federal aid. That the state of Nebraska hereby accepts the provisions of the act of Congress, approved February 23, 1917, entitled, "An Act to provide for the promotion of vocational education; to provide for co-operation with the States in the promotion of such education in agriculture and the trades and industries; to provide for co-operation with the States in the prepara- tion of teachers of vocational subjects; and to appropriate money and regulate its expenditure." (Public No. 347 64th Congress.) The good faith of the state is hereby pledged to make available, for the several pur- poses of said act, funds sufficient at least to equal the sums allotted, from time to time, to this state from the appropriations made by said act and to meet all conditions necessary to entitle the state of Nebraska to the bene- fits of said act. Sec. 2. Funds custodian. The State Treasurer is hereby desig- nated custodian of all funds allotted to this state from the appropriation made by said act, and he shall receive and provide for the proper custody and disbursement of the same in accordance with said act. Sec. 3. State board who composes. There is hereby created a State Board for Vocational Education, consisting of the Governor, the State Treasurer and the State Superintendent. The officers of said board shall be as follows: The Governor shall be Chairman, the State Treasurer, Treasurer, and the State Superintendent, Secretary thereof. Sec. 4. Same duty. It shall be the duty of said board and it is hereby authorized and empowered to co-operate, as provided and required by the aforesaid act of Congress, with the Federal board for vocational education in the administration of the provisions of said act, and to do all things necessary to entitle the state to receive the benefits thereof. Said board is further empowered to do all acts and things, and to make such rules and regulations as are necessary to properly carry out the pro- visions of the aforesaid act and the provisions of this act. Sec. 5. Secretary duty. The Secretary of the State Board for Vocational Education shall perform whatever duties the board directs and shall have authority to appoint, with the approval of the board, any assis- tants required to carry out the provisions of this act and the act of Congress herein described. Sec. 6. Appropriation. There is hereby appropriated out of any money not otherwise appropriated the sTim of $2,500 or so much thereof as may be necessary, to defray the expenses of the State Board for Voca- tional Education in carrying out the purposes of this act, and the further sum of $18,500 or so much thereof as may be necessary for expenditure, under the supervision of said Board to enable the state to meet its share of the cost of co-operation under the provisions of the aforesaid act of Cong- ress. All expenditures except such as is provided for expenses of the board 120 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. under this act shall be by and through such schools and other agencies as are supported and controlled by the public. House Roll No. 800, Session 1917. VOCATIONAL SCHOOLS, DEPARTMENTS OR CLASSES, AND TRAINING OF TEACHERS. Section 1. Any board in control of any public school, state school, college or university may establish in co-operation with the State Roard for Vocational Education a vocational school, depart- ment or class giving instruction of less than college grade in agri- cultural, trade or industrial or home economics subjects to persons over fourteen years of age who have entered upon or who are pre- paring to enter upon the work of the farm, a trade, or the home. Sec. 2. A vocational agricultural school, department or class shall be one which gives all-day, part-time or evening instruction in agricultural subjects to persons who have entered upon or who are preparing to enter upon the work of the farm. When organized as an all-day school, department or class, the instruction in vocational agriculture shall extend over a term of at least nine months and a half of the time shall be given to purely agricultural instruction. A part-time agricultural school, department or class may be organized for the same purpose as the all-day school, said part- time school to give at least one hundred forty-four hours of in- struction during the year. An evening agricultural school, department or class may be organized to give instruction to persons who have entered upon the work of the farm. The agricultural school, department or class shall provide for at least six months supervised practice for each pupil in attendance. Sec. 3. A vocational trade or industrial school, department or class shall be one which gives all-day, part-time or evening in- struction in trade and industrial subjects to persons who have entered upon or who are preparing to enter upon employment in a particular trade or industrial pursuit. When organized as an all-day school, department or class the instruction shall be for persons who are preparing to enter upon the work of a particular trade or industrial pursuit; it shall cover a period of at least nine months and shall provide for at least thirty hours of instruction per week. At least half the time of instruc- tion must be devoted to work on the useful or productive basis and the remainder of the time to related subjects and to subjects necessary to build a well-rounded course of training, provided that for cities and towns of less than twenty-five thousand population according to the last preceding United States census the local THE NEBRASKA SCHOOL LAWS 121 COMPILED BY K-B PRINTING CO., OMAHA. board with the approval of the State Board of Vocational Educa- tion may modify the conditions as to the length of the course and hours of instruction a week. When organized as a part-time school, department or class the instruction shall be provided for persons who have entered up- on employment; it shall cover a period of at least one hundred forty-four hours per year; and may include instruction supple- mentary to the employment in which the pupils are engaged, in- struction in a different employment or instruction in elementary or secondary subjects given to continue the general education of the pupils in attendance. When organized as an evening school, department or class the instruction shall be provided for persons over sixteen years of age who have entered upon the work of a particular trade or industrial pursuit and shall provide for instruction supplemental to the daily employment. Sec. 4. A vocational home economics school, department or class shall be one which gives all-day, part-time or evening instruc- tion in home economics subject to persons who, as housewives, home daughters or otherwise, have entered upon or who are pre- paring to enter upon employment in the home. When organized as an all-day school, department or class the instruction shall be for persons who are preparing to enter upon the work of the home ; it shall cover a period of at least nine months and shall provide for at least thirty hours per week, provided that for cities and towns of less than twenty-five thousand population, according to the last preceding United States census, the local board with the approval of the State Board for Vocational Educa- tion may modify the conditions as to the length of course and hours of instruction a week. At least half the time of instruction must be devoted to home economics subjects or to home economics subjects and related subjects, and the remainder of the time to subjects necessary to build a well-rounded course of training. When organized as a part-time school, department or class the instruction shall be for the persons -who have entered upon employment; it shall cover a period of at least one hundred forty- four hours a year, of which time at least seventy-two hours shall be devoted to home economics instruction. When organized as an evening school, department or class the instruction shall be designed to supplement the work of the home and shall be given to persons over sixteen years of age. Sec. 5. The State Board for Vocational Education shall have all necessary authority to co-operate with the boards authorized by this Act to establish vocational schools, departments or classes and to co-operate with the Federal Board for Vocational Educa- tion in the administration of the act of Congress as provided for by Chapter 227 of the Session Laws of Nebraska for 1917. It shall also have the power to administer the funds provided by the Federal 122 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Government under said Federal act and the State of Nebraska under the provisions of this Act for the promotion of vocational education in such subjects as an essential and integral part of the public school system of education in the State of Nebraska and to provide for the preparation of teachers of such subjects. It shall have the authority to appoint such officials and assistants as may be necessary to administer the Federal Act and this Act for the State of Nebraska and to fix the compensation of such officials and to pay such compensation and other necessary expenses of ad- ministration from the funds appropriated in this Act. It shall have authority to make studies and investigations relative to vocational education; to promote and aid in the establishment of Vocational schools, departments or classes in communities giving training in such subjects and to co-operate with local boards in the maintenance of the same; to prescribe qualifications and to have full authority to provide for the certification of teachers and supervisors of vocational and related subjects; to co-operate in the maintenance of classes supported and controlled by the public for the preparation of teachers and supervisors of vocational and related subjects or to maintain such classes under its own direction and control; to establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers. Sec. 6. Whenever any school, department or class giving in- struction in vocational subjects as provided for in this Act and the rules and regulations adopted by the State Board for Vocational Education shall have been approved by the State Board for Voca- tional Education it shall be entitled to share in the Federal and State Funds available, to the extent of not less than three-fourths the salaries of teachers of such vocational subjects; provided that if the amount of Federal and State funds shall not be sufficient to reimburse in full the amounts due the schools, the State Board for Vocational Education may prorate the sums available among the vocational schools, departments or classes entitled to reim- bursement; and provided further that the amounts still due shall be valid claims against the State of Nebraska to be paid from the first funds available thereafter for the promotion and support of vocational education. Sec. 7. The board in control of the public school of any public school district in the state having at least fifteen children between the ages of fourteen and sixteen years who hold employment cer- tificates in force, shall establish a part-time school or class and shall require minors holding such employment certificates to at- tend said school or class regularly for not less than eight hours a week while so employed and until they reach the age of sixteen years provided that no person over sixteen and under twenty-one years of age shall be barred from attendance upon said part-time schools or classes. THE NEBRASKA SCHOOL LAWS 123 COMPILED BY K-B PRINTING CO., OMAHA. If any such minor between the ages of fourteen and sixteen shall fail to attend regularly upon such part-time school or class as herein required the employment certificate of such minor shall be cancelled. It shall be unlawful for any person, firm or corpora- tion to employ any such minor between the ages of fourteen and sixteen years of age for more than forty hours in any one week, nor more than eight hours in any one day nor before the hour of six o'clock in the morning or after the hour of eight o'clock in the evening, nor unless such minor shall attend regularly upon such part-time school or class as herein required. Any person, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars nor more than twenty-five dollars for each offense. The local board of any such school district is hereby authorized to raise and expend moneys for the support of such part-time schools or classes in a manner similar to that by which moneys are raised and expended for other schools purposes, provided that said boards may make a levy sufficient to cover expenses of such schools over and above the amount now provided for school purposes. Such part-time schools or classes shall be organized in accordance with the rules and regulations which may be established by the State Board for Vocational Education. Such part-time schools or classes shall provide instruction which shall continue education in ele- mentary or secondary school subjects or instruction supplemen- tary to the employment in -which such minors over fourteen and under sixteen years of age are engaged. Whenever such part-time schools or classes shall be established they shall share in any Federal and State funds available for the promotion and support of Voca- tional Education in the State of Nebraska. Sec. 8. The State Board for Vocational Education shall make a biennial report to the Legislature showing the progress of voca- tional education in the State of Nebraska, together with a list of schools, departments or classes receiving reimbursement, and a detailed statement of expenditure of Federal and State funds avail- able for vocational education. Sec. 9. There is hereby appropriated out of any moneys not otherwise appropriated the sum of one hundred thousand dollars or so much thereof as may be necessary to enable the State Board for Vocational Education to co-operate with the Federal Board for Vocational Education and to carry~out the provisions of this Act. Sec. 10. All laws and parts of laws in conflict with this act are hereby repealed. House Roll No. 293, Session 1919. Emergency. 124 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. THE SMITH-HUGHES VOCATIONAL EDUCATION BILL. AN ACT TO PROVIDE FOR THE PROMOTION OF VOCATIONAL EDUCATION; TO PROVIDE FOR CO- OPERATION WITH THE STATES IN THE PROMOTION OF SUCH EDUCATION IN AGRICULTURE AND THE TRADES AND INDUSTRIES; TO PROVIDE FOR COOPERATION WITH THE STATES IN THE PREPARATION OF TEACHERS OF VOCATIONAL SUBJECTS; AND TO APPROPRIATE MONEY AND REGULATE EXPENDITURE. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby annually appropriated, out of any money in the Treasury not _.._! . 1 *^ __ fjTl 1- t .1 _ J * _*Al--A_A A trade, home economics, and industrial subjects, and in the preparation of teachers of agri- cultural, trade, industrial, and home economics subjects; and the sum provided for in section seven for the use of the Federal Board for Vocational Education for the administration of this Act and for the purpose of making studies, investigations, and reports to aid in the organ- ization and conduct of vocational education, which sums shall be expended as hereinafter provided. Sec. 2. That for the purpose of cooperating with the States in paying the salaries of teachers, supervisors, or directors of agricultural subjects there is hereby appropriated for the use of the States, subject to the provisions of this Act, for fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $500,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $1,000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $1,250,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-two, the sum of $1,500,000 for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $1,750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $2,000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-five, the sum of $2,500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, and annually thereafter, the sum of $3,000,000. Said sums shall be allotted to the States in the proportion which their rural population bears to the total rural population in the United States, not including outlying possessions, according to the last preceding United States census: Pro- vided, That the allotment of funds to any State shall be not less than a minimum of $5,000 for any fiscal year prior to and including the fiscal year ending June thirtieth, nineteen hundred and twenty-three, nor less than $10,000 for any fiscal year thereafter, and there is hereby appropriated the following sums, or so much thereof as may be necessary, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section: For the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $48,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $34,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $24,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $18,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty- two, the sum of $14,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $11,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $9,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-five, the sum of $34,000; and annually thereafter the sum of $27,000. Sec. 3. That for the purpose of cooperating with the States in paying the salaries of teachers of trade, home economics, and industrial subjects there is hereby appropriated f9r the use of the States, for the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $500,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $1,000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $1,250,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-two, the sum of $1,500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-three, the sum of $1,750,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $2,000,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-five, the sum of $2,500,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, the sum of $3,000,000; and annually thereafter the sum of $3,000,000. Said sums shall be allotted to the states in the proportion which their urban population bears to the total urban population in the United States, not including outlying possessions, according to the last preceding United States census: Pro- vided, That the allotment of funds to any State shall be not less than a minimum of $5,000 for any fiscal year prior to and including the fiscal year ending June thirtieth, nineteen hun- dred and twenty-three, nor less than $10,000 for any fiscal year thereafter, and there is hereby appropriated the following sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section: For the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $66,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $46,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $34,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $28,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty- two, the sum of $25,000; for the fiscal year ending June thirtieth, nineteen hundred and THE NEBRASKA SCHOOL LAWS 125 COMPILED BY K-B PRINTING CO., OMAHA. twenty-three, the sum of $22,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-four, the sum of $19,000; for the fiscal year ending June thirtieth, nineteen hun- dred and twenty-five, the sum of $56,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-six, and annually thereafter, the sum of $50,000. That not more than twenty per centum of the money appropriated under this Act for the payment of salaries of teachers of trade, home economics, and industrial subjects, for any year, shall be expended for the salaries of teachers of home economics subjects. Sec. 4. That for the purpose of cooperating with the States in preparing teachers , supervisors, and directors of agricultural subjects and teachers of trade and industrial an d home economics subjects there is hereby appropriated for the use of the States for the fisc al year ending June thirtieth, nineteen hundred and eighteen, the sum of $500,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $700,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $900,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, and annually thereafter the sum of $1,000,000. Said sums shall be allotted to the States in the proportion which their population bears to the total population of the United States, not including out- lying possessions, according to the last preceding United States census: Provided, That the allotment of funds to any State shall be not less than a minimum of $5,000 for any fiscal year prior to and including the fiscal year ending June thirtieth, nineteen hundred and nine- teen, nor less than $10,000 for any fiscal year thereafter. And there is hereby appropriated the following sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment provided for in this section: For the fiscal year ending June thirtieth, nineteen hundred and eighteen, the sum of $46,000; for the fiscal year ending June thirtieth, nineteen hundred and nineteen, the sum of $32,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty, the sum of $24,000; for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, and annually thereafter, the sum of Sec. 5. That in order to secure the benefits of the appropriations provided for in sections two, three, and four of this Act, any State shall, through the legislative authority thereof, accept the provisions of this Act and designate or create a State board, consisting of not less than three members, and having all necessary power to cooperate, as herein pro- vided, with the Federal Board for Vocational Education in the administration of the pro- visions of this Act. The State board of education, or other board having charge of the ad- ministration of public education in the State, or any State board having charge of the ad- ministration of any kind of vocational education in the State may, if the State so elect, be designated as the State board, for the purpose of this Act. In any State the legislature of which does not meet in nineteen hundred and seventeen, if the governor of that State, so far as he is authorized to do so, shall accept the provisions of this Act and designate or create a State board of not less than three members to act in copperation with the Federal Board for vocational education, the Federal Board shall recognize such local board for the purposes of this Act until the legislature of such state meets in due course and has been in session sixty days. Any State may accept the benefits of any one or more of the respective funds herein appropriated, and it may defer the acceptance of the benefits of any one or more of such funds, and shall be required to meet only the conditions relative to the fund or funds the benefits of which it has accepted: Provided, That after June thirtieth, nineteen hundred and twenty, no State shall receive any appropriation for salaries of teachers, supervisors, or directors of agricultural subjects, until it shall have taken advantage of at least the minimum amount appropriated for the training of teachers, supervisors, or directors of agricultural subjects, as provided for in this Act, and that after said date no State shall receive any appropriation for the salaries of teachers of trade, home economics, and industrial subjects until it shall have taken advantage of at least the minimum amount appropriated for the training of teachers of trade, home economics, and industrial subjects, as provided for in this Act. Sec. 6. That a Federal Board for Vocational Education is hereby created, to consist of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the United States Commissioner of Education, and three citizens of the United States to be appointed by the President, by and with the advice and consent of the Senate. One of said three citizens shall be a representative of the manufacturing and commercial interests, one a representative of the agricultural interests, and one a representative of labor. The board shall elect annually one of its members as chairman. In the first instance, one of the citizen members shall be appointed for one year, one for two years, and one for three years, and there- after for three years each. The members of the board other than the members of the Cabinet and the United States Commissioner of Education shall receive a salary of $5,000 per annum The board shall have power to cooperate with State boards in carrying out the pro- visions of this Act. It shall be the duty of the Federal Board for Vocational Education to make, or cause to have made studies, investigations, and reports, with particular reference to their use in aiding the States in the establishment of vocational schools and classes and in giving instruction in agriculture, trades and_industries, commerce and commercial pur- suits, and home economics. Such studies, investigations, and reports shall include agri- culture and agricultural processes and requirements upon agricultural workers; trades, industries, and apprenticeships, trade and industrial requirements upon industrial workers, and classification of industrial processes and pursuits; commerce and commercial pursuits and requirements upon commercial workers; home management, domestic science, and the study of related facts and principles; and problems of administration of vocational schools and of courses of study and instruction in vocational subjects. When the board deems it advisable such studies, investigations, and reports C9n- cerning agriculture, for the purposes of agricultural education, may be made in cooperation with or through the Department of Agnculture; such studies, investigations, and reports concerning trades and industries, for the purposes of trade and industrial education, may 126 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. be made in cooperation with or through the Department of Labor; such studies, investiga- tions, and reports concerning commerce and commercial pursuits, for the purposes of corn- commercial education, may be made in cooperation with or through the Department of Commerce; such studies, investigations, and reports concerning the administration of voca- tional schools, courses of study and instruction in vocational subjects, may be made in co- operation with or through the Bureau of Education. The Commissioner of Education may make such recommendations to the board relative to the administration of this Act as he may from time to time deem advisable. It shall be the duty of the chairman of the board to carry out the rules, regulations, and de- cisions which the board may adopt. The Federal Board for Vocational Education shall have power to employ such assistants as may be necessary to carry out the provisions of this Act. Sec. 7. That there is hereby appropriated to the Federal Board for Vocational Education the sum of $200,000 annually, to be available from and after the passage of this Act, for the purpose of making or cooperating in making the studies, investigations, and reports provided for in section six of this Act, and for the purpose of paying the salaries of the officers, the assistants, and such office and other expenses as the board may deem neces- sary to the execution and administration of this Act. Sec. 8. That in order to secure the benefits of the appropriation for any purpose specified in this Act, the State board shall prepare plans, showing the kinds of vocational education for which it is proposed that the appropriation shall be used; the kinds of schools and equipment; courses of study; methods of instruction; qualifications of teachers; and, in the case of agricultural subjects the qualifications of supervisors or directors; plans for the training of teachers; and, in the case of agricultural subjects, plans for the supervision of agricultural education, as provided for in section ten. Such plans shall be submitted by the State board to the Federal Board for Vocational Education, and if the Federal board finds the same to be in conformity with the provisions and purposes of this Act, the same shall be approved. The State board shall make an annual report to the Federal Board for Vocational Education, on or before September first of each year, on the work done in the State and the receipts and expenditures of money under the provisions of this Act. Sec. 9. That the appropriation for the salaries of teachers, supervisors, or^ directors of agricultural subjects and of teachers of trade, home economics, and industria subjects shall be devoted exclusively to the payment of salaries of such teachers, supervisors, or directors having the minimum qualifications set up for the State board, with the approval of the Federal Board for Vocational Education. The cost of instruction supplementary to the instruction in agricultural and in trade, home conomics, and industrial subjects provided for in this Act, necessary to build a well-rounded course of training, shall be borne by the State and local communities, and no part of the cost thereof shall te borne out of the ap- propriations herein made. The moneys expended under the provisions of this Act, in co- operation with the States, for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, shall be conditioned that for each dollar of Federal money expended for such salaries the State or local community, or both, shall expend an equal amount for such salaries; and that appropriations for the training of teachers of vocational subjects, as herein provided, shall be conditioned that such money be expended for maintenance of such training and that for each dollar of Federal money so expended for maintenance, the State or local community, or both, shall expend an equal amount for the maintenance of such training. Sec. 10. That any State may use the appropriation for agricultural purposes, or any part thereof allotted to it, under the provisions of this Act, for the salaries of teachers, supervisors, or directors of agricultural subjects, either for the salaries of teachers of such subjects in schools or classes or for the salaries of supervisors or directors of such subjects under a plan of supervision for the State to be set up by the State board, with the approval of the Federal Board of Vocational Education. That in order to receive the benefits of such appropriation for the salaries of teachers, supervisors, or directors of agricultural subjects the State board of any State shall provide in its plan for agricultural education that such education shall be that which is under public supervision or control; that the controlling Eurpose of such education shall be to fit for useful employment; that such education shall e of less than college grade and be designed to meet the needs of persons over fourteen years of age who have entered upon or who are preparing to enter upon the work of the farm or of the farm home; that the State or local community, or both, shall provide the necessary plant and equipment determined upon by the State board, with the approval of the Federal Board for Vocational Education, as the minimum requirement for such education in schools and classes in the State; that the amount expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Federal board as the minimum for such schools or classes in the State; that such schools shall provide for directed or supervised practice in agriculture, either on a farm provided for by the school or other farm, for at least six months per year; that the teachers, supervisors, or directors of agri- cultural subjects shall have at least the minimum qualifications determined for the State by the State board, with the approval of the Federal Board for Vocational Education. Sec. 11. That in order to receive the benefits of the appropriation for the salaries of teachers of trade, home economics, and industrial subjects the State board of any State shall provide in its plan for trade, home economics, and industrial education that such education shall be given in schools or classes under public supervision or control; that the controlling purpose of such education shall be to fit for useful employment; that such education shall be of less than college grade and shall be designed to meet the needs of persons over fourteen years of age who are preparing for trade or industrial pursuit or who have entered upon the work of a trade or industrial pursuit; that the State or local community, or both, shall pro- vide the necessary plant and equipment determined upon by the State board, with the approval of the Federal Board for Vocational Education, as the minimum requirement in such State for education for any given trade or industrial pursuit; that the total amount THE NEBRASKA SCHOOL LAWS 127 COMPILED BY K-B PRINTING CO., OMAHA. expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Federal board, as the minimum for such schools or classes in the State; that such schools or classes giving instruction to persons who have not entered upon employment shall require that at least half of the time of such instruction be given to prac- tical work on a useful or productive basis, such instruction to extend over not less than nine months per year and not less than thirty hours per week; that at least one-third of the sum appropriated to any State for the salaries of teachers of trade, home economics, and industrial subjects shall, if expended, be applied to part-time schools or classes for workers over four- teen years of age who have entered upon employment, and such subjects in a part-time school or class may mean any subject given to enlarge the civic or vocational intelligence of such workers over fourteen and less than eighteen years of age; that such part-time schools or classes shall provide for not less than one hundred and forty-four hours of class- room instruction per year; that evening industrial schools shall fix the age of sixteen years as a minimum entrance requirement and shall confine instruction to that which is supplemental to the daily employment; that the teachers of any trade or industrial subject in any State shall have at least the minimum qualifications for teachers of such subject determined upon for such State by the State board, with the approval of the Federal Board for Vocational Education: Provided, That for cities and towns of less than twenty-five thousand population, according to the last preceding United States census, the State board, with the approval of the Federal Board for Vocational Education, may modify the conditions as to the length of course and hours of instruction per week for schools and classes giving instruction to those who have not entered upon employment, in order to meet the particular needs of such cities and towns. Sec. 12. That in order for any State to receive the benefits of the appropriation in this Act for the training of teachers, supervisors, or directors of agricultural subjects, or of teachers of trade, industrial or home economics subjects, the State board of such State shall provide in its plan for such training that the same shall be carried out under the supervision of the State board ; that such training shall be given in schools or classes under public super- vision or control; that such training shall be given only to persons who have had adequate vocational experience or contact in the line of work for which they are preparing themselves as teachers, supervisors, or directors, or who are acquiring such experience or contact as a part of their training; and that the State board, with the approval of the Federal board, shall establish minimum requirements for such experience or contact for teachers, super- visors, 9r directors of agricultural subjects and for teachers of trade, industrial, and home economics subjects; that not more than sixty per centum nor less than twenty per centum of the money appropriated under this Act for the training of teachers of vocational subjects to any State for any year shall be expended for any one of the following purposes: For the preparation of teachers, supervisors, or directors of agricultural subjects, or the preparation of teachers of trade and industrial subjects, or the preparation of teachers of home economics subjects. Sec. 13. That in order to secure the benefits of the appropriations for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, or for the training of teachers as herein provided, any State shall, through the legislative authority thereof, appoint as custodian for said appropriations its State treasurer, who shall receive and provide for the proper custody and disbursements of all money paid to the State from said appropriations. Sec. 14. That the Federal Board for Vocational Education shall annually ascertain whether the several States are using, or are prepared to use, the money received by them in accordance with the provisions of this Act. On or before the first day of January of each year the Federal Board for Vocational Education shall certify to the Secretary of the Treas- ury each State which has accepted the provisions of this Act and complied therewith, certi- fying the amounts which each State is entitled to receive under the provisions of this Act. upon such certification the Secretary of the Treasury shall pay quarterly to the custodian for vocational education of each State the moneys to which it is entitled under the provisions of this Act. The moneys so received by the custodian for vocational education for any State shall be paid out on the requisition of the State board as reimbursement for expenditures already incurred to such schools as are approved by said State board and are entitled to receive such moneys under the provisions of this Act. Sec. 15. That whenever any portion of the fund annually allotted to any State has not been expended for the purpose provided for in this Act, a sum equal to such portion shall be deducted by the Federal board from the next succeeding annual allotment from such fund to such State. Sec. 16. That the Federal Board for Vocational Education may withhold the allot- ment of moneys to any State whenever it shall be determined that such moneys are not being expended for the purposes and under the conditions of this Act. If any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not direct such sum to be paid it shall be covered into the Treasury. Sec. 17. That if any portion of the moneys received by the custodian for vocational education of any State under this Act, for any given purpose named in this Act, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for~such education shall be paid to such State. No portion of any moneys appropriated under this Act for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college. Sec. 18. That the Federal Board for Vocational Education shall make an annual report to Congress, on or before December first, on the administration of this Act, and shall include in such report the reports made by the State boards on the administration of this Act by each State and the expenditure of the money allotted to each State. Approved, February 23, 1917. 128 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PJUNTING CO., OMAHA. Section 1. School of irrigation. There is hereby established a School of Irrigation in Scotts Bluff County on land to be deeded to the state free of cost, the site to be selected by the Board of Regents of the University of Nebraska. The school shall be under the supervision of said Board of Regents and shall give practical and theoretical instruction in the art of irrigation as applied to agriculture, and shall be supported out of the general levy made for the State University. House Roll No. 262, Session 1917. COUNTY RURAL SCHOOL DISTRICTS. Senate File No. 22, Session 1915. Section 1. All the school districts organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, in any county of the state of less than 7,000 population may in the manner hereinafter provided be discon- tinued and their territory organized into one county rural, school district to be known as the county rural school district of County, Ne- braska. Whenever twenty-five per cent of the number of school electors in the school districts organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913 within any county, shall petition the board of county commissioners or supervisors to call an election to determine whether said districts shall be discontinued and their territory organized into one county rural school district, an election shall be called by said commissioners or super- visors for that purpose. Provided, that any district including an incorpor- ated village shall be excluded from the county rural high school districts upon petition presented to the county board of commissioners or supervisors, signed by a majority of the school electors of such district. Sec. 2. The board of county commissioners or supervisors shall set a date for said election, said date except as otherwise specified shall not be less than thirty (30) nor more than sixty (60) days subsequent to the filing of the petition for calling said election. The board shall also designate and provide convenient polling places and the boundary lines of the precincts which each polling place will serve, and set the time during which the polls shall remain open, which polls shall remain open for at least four (4) hours between the hours of eight A. M. and eight P. M. The board shall cause the county clerk to notify the school directors of each district affected, of said election, its purpose, and the time and places for voting with the boundary lines of each voting precinct. They shall also cause the county clerk to publish said notice in the official paper of the county, and one or two other papers if they deem it advisable. The qualified school electors shall vote by ballot for or against the estab- lishment of the county rural school district. The ballot shall be a separate ballot and substantially in the following form: "For the discontinuance of all school districts in county or- ganized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, and the organization of their territory into one county rural school district." "Yes D" "For the discontinuance of all school districts in county THE NEBRASKA SCHOOL LAWS 129 COMPILED BY K-B PRINTING CO., OMAHA. organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, and the organization of their territory into one county rural school district." "No Q' The electors favoring the establishment of such county rural school dis- trict shall mark the square after "yes," those opposed to the establishment of such county rural school district in the square after "No." Before an elector shall be entitled to vote at said election he or she if challenged shall be required to swear that he or she has resided in the territory affected by said election for at least forty (40) days previous to said election and that he or she is otherwise a duly qualified school elector. Such special election shall be conducted in all respects and the returns and canvass made as in general elections, except as herein otherwise provided. Sec. 3. If a majority of the votes cast on the proposition are in favor of the organization of such county rural school district the county board at the first meeting after the canvass of the vote shall by an order duly entered upon their records declare the fact of the discontinuance of all school districts in the county organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, and the organization of their territory into a county rural school district to be known as the county rural school district of county, in Nebraska, said discontinuance and said organization to be effective at 12 o'clock noon of the first Monday in July next after the adoption of this plan. At the same meeting of the board of county commissioners or super- visors, they shall also call a special election in the county rural school dis- trict to be held on the second Monday in June, succeeding the adoption of the plan, said election to be held for the purpose of electing members of the county district board of education; said election to be held according to the provisions of this act designating the method of nominating and electing members of the county board of education, provided that in connection with said special election the county clerk and the county board of supervisors or commissioners shall act in lieu of the secretary of the board of education or in lieu of the county board of education respectively as specified in this act. Sec. 4. Every school district established in accordance with and under the provisions of this article shall be and is hereby constituted a corporation, vested with all such corporate powers expressly given by general statutes to corporations, as may be necessary to secure to the people the advantages of a general and uniform system of public education; and all powers and privi- leges now conferred by law on school districts, not contrary to the provisions of this act, are hereby conferred on such county rural school districts. School electors mentioned in this act shall have such qualifications as are set forth in Article II, Section 34, Chapter 71, Revised Statutes of Nebraska for 1913. Sec. 5. School therein shall be free.'- In each district, subject to the provisions of this chapter, the public schools shall be free to all children be- tween the ages of five and twenty-one years. All public schools and school property therein shall be under the direction and control of the board of education and the subdistrict board. Sec. 6. Board of Education. In all county rural school districts there shall be a board of education consisting of five members elected at large from 130 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. and by the qualified school electors therein, who shall be vested with the corporate powers of the district and who shall represent the school corpora- tion in all legal actions. Provided that at the time of calling the first election for the election of school board members, the county board of commissioners or supervisors shall divide the district into five wards as nearly equal as pos- sible, geographically, and the board of education members, shall be residents of separate wards. Sec. 7. Members of board how elected. There shall be elected in each county rural school district on the second Monday in June, succeeding the adoption of the plan, one board member from school ward No. 1 for a term of two years, one board member from school ward No. 2, for a term of two years, one board member from school ward No. 3 for a term of four years, one board member from school ward No. 4 for a term of four years, and one board member from school ward No. 5 for a term of six years; and at the expiration of their respective terms of office and regularly thereafter on the second Monday in June their several successors shall be elected for a term of six years each, and all officers so elected shall hold their offices until their successors are elected or appointed and qualified. Sec. 8. Must qualify. Members of the board of education shall qualify previous to and take their seats at the first regular meeting which shall be the first Monday in July next after their election, and shall serve until their suc- cessors are duly elected and qualified. Sec. 9. Oath of office. Each member of the board of education upon assuming the office shall take and subscribe to an oath or affirmation to sup- port the constitution of the United States and the State of Nebraska and faithfully to perform the duties of his office. The oath shall be filed in the office of the county clerk who shall immediately notify the state superin- tendent of the names and addresses of all officers so elected and qualified. Sec. 10. Organization. The boards of education at the first regular meeting in July of each year, shall organize by the election of a president and vice-president, whose terms of office shall be for two years, and until their successors are elected and qualified. All property of every description be- longing to any school district within the new county rural school district at the same time shall assume and be held liable for all unpaid bonded and un- bonded indebtedness of the several districts whose territory has been organ- zed into said county rural school district. Sec. 11. Regular meetings. The regular meeting of the board of edu- cation shall be at least quarterly on the first Mondays of the months of July, October, January and April and of such other months as they may by rule determine. Special meetings subject to such limitations as may be im- posed by a majority vote of the qualified school electors at any regular annual school meeting, may be held from time to time by giving at least five days' written notice to all members of the board of the sub-district boards. Three members shall constitute a quorum. Sec. 12. Duties of officers. It shall be the duty of the president of the board of education to preside at all meetings, appoint all standing committees, to countersign all warrants drawn upon the treasurer and to perform such THE NEBRASKA SCHOOL LAWS 131 COMPILED BY K-B PRINTING CO., OMAHA. other duties as may be prescribed by the board. The vice-president shall perform all the duties of the president in case of his absence or disability. Sec. 13. Treasurer. The county treasurer shall be ex-officio treasurer of the county school district. It shall be the duty of the treasurer to take charge of the school district funds arising from tax collections and from other sources, as provided by the statutes of Nebraska, and to place the same in the proper account upon his books and to pay out the same only upon warrants issued in accordance with the law. He shall attend meetings of the board when requested to do so, and shall at the beginning of each quarter furnish a statement showing the collections of the previous quarter, the amounts paid out and the balance in the various funds in his charge or on deposit, together with other information which may be reasonably required by the board with regard to the school funds in his possession. Se. 14. Prohibition of school officers. No school officer shall be em- ployed to teach nor to draw public money as a regular employee of the board during the period of his services as said school officer. Sec. 15. Vacancies. The board of education is hereby required to fill any vacancy that may occur through non-residence or any other cause, until the next election of the members of the board; provided, that any vacancy occuring previous to the annual school election having an unexpired term, shall be filled for such unexpired term at the first school election thereafter. Sec. 16. General powers. The powers of the board of education of county school districts shall be as follows: (a) The establishemnt of a uniform and efficient system of public schools, the maintenance and general management of the same. (b) The preparation of an annual budget of all expenses required in said district during the fiscal year and the certification of the same to the board of county commissioners or supervisors, which thereupon levy a tax to defray the same on all taxable property within the county school district; provided that the tax levied for general school *purposes*shall *not exceedjin any one year twenty-five mills on the dollar of assessed valuation in said school dist rict, in addition to the tax levied for buildings and equipment (ex- clusive of the bond tax) which shall not exceed in any one year five (5) mills on the assessed valuation in said district, the proceeds of such taxes and all other funds accruing to the general fund of said county rural school district shall be expended by the county school board for the general expenses of maintaining schools within the district in such manner as in its judgment will secure the best results, provided, no unusual expenditures shall be made unless it shall first be approved by the county superintendent. (c) Said county school board may also purchase and hold real estate for school purposes, or sell the same, locate, build and maintain, in repair, necessary school buildings and insure the~same or establish an insurance fund in lieu thereof. (d) Prescribe and change boundaries of local subdistricts which shall determine attendance at particular schools, equip buildings, rooms and grounds for efficient work; purchase all necessary apparatus, supplies, station- ery, texts, reference and other works, and shall furnish the same free for the use of all pupils and teachers in their schools. 132 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Sec. 17. The qualified voters of every new subdistrict, when assembled pursuant to legal notice, and all existing subdistricts at their annual meetings, which shall be held on the second Monday in June each year, shall elect by ballot from the qualified voters of such district a moderator for three years, a director for two years, and a trustee for one year; and at the expiration of their respective terms of office, and regularly thereafter their several succes- sors shall be elected for the term of three years, each, and all officers so elected shall hold their offices until their successors are elected or appointed, and qualified: Provided, that when the county rural school district is organized the director and moderator of the old district organized under sub- division 3 shall assume the office of director and moderator of the new sub- . districts, and the treasurer of the old district shall assume the office of trustee of the new subdistricts and such officers shall hold these offices until the ex- piration of the terms for which they were elected under the old system. Sec. 18. The local subdistrict board shall be the board of control for the subdistrict. They shall recommend and supervise repairs and improve- ments of buildings and grounds; elect teachers, be custodians of buildings and grounds and other property, and in a general way represent the people of their district, with the right to be heard at any session of the county board of education. The subdivision director shall take the school census in the subdistrict, report the children of school age not attending school, report the teachers elected by district board, and make all other necessary reports to the county board of education and send copies of the same to the county superintendent. He shall post notices of school election when so directed by the county board and preside at all subdistrict meetings. Sec. 19. Nominations for school offices. Candidates for the county school board may be nominated by filing with the county superintendent of education, not earlier than the fifteenth day of May and not later than the first day of June, certificates of nomination for the office to be filled. Such certificates shall contain the name of the candidate, his residence, business ad- dress and the office for which he is named, and must be signed by twenty or more qualified electors of the county rural school district. Each elector signing a certificate of nomination, shall add to his signature, his place of residence, his business and his post office address, and shall declare that he is not joined in nominating any other person for the office to be filled. Such signatures need not all be appended to one paper. No certificate of nomination shall contain the name of more than one candidate for any office to'be filled, but each elector may sign as many cer- tificates as there are officers to be elected for a particular term of office. Sec. 20. No party designation. In order to separate politics as far as possible from school affairs, no descriptive word, words or symbol to designate the party or principles of any nominee, shall appear on the certificate of nomination, or to be used or printed on the ballot. Sec. 21. Withdraw from nomination. Any person whose name has been filed as a candidate, may cause his name to be withdrawn from nomina- tion by request in writing, signed by himself and properly acknowledged and filed with the secretary of the board at least ten days prior to the day of elec- tion; and no name so withdrawn shall be printed on the ballots to be used. THE NEBRASKA SCHOOL LAWS 133 COMPILED BY K-B PRINTING CO., OMAHA. A written acceptance of nomination must be filed by any person named as a candidate at least ten days prior to date of election, or such name shall be omitted from the printed ticket. Sec. 22. Publication of nominees. The secretary shall cause to be pub- lished in one or more county newspapers at least four days before the day of election, all nominations, certified to him, under the provisions of these rules. Sec. 23. Ballot. The secretary shall provide proper ballots similar in form to those authorized by law for municipal elections on which shall be printed the names of the candidates for the respective offices. The secretary shall provide the voting booths required by law in each polling place, and such supplies, poll books, stationery, etc., as may be necessary and the rota- tion ballots shall be as provided for by the Australian ballot system. Sec. 24. Conduct of election. Polling places shall be provided at school houses in the district and two judges and one clerk shall be appointed by the county school board and shall receive $1.00 apiece for their services. They shall conduct said election in accordance with the general election laws of the state as applied to municipal election except as provided in this article. Sec. 25. Returns of election. The returns from said election shall be certified by the officers in each polling place and the ballots properly sealed in the ballot boxes, together with the poll books shall be placed forthwith in the custody of the secretary of the county rural school board, who shall keep said boxes inviolate for at least thirty days after the canvass of the returns. The election officers chosen by the election board, who shall carry the ballot boxes and poll books to the office of the secretary of the county rural school board shall receive his actual expenses incurred by performing this duty. Sec. 26. Canvass of returns. The result of said election shall be can- vassed and declared by the board of education at a meeting held the last Tuesday in June and certificates of election shall be issued by the secretary of the board to successful candidates. Sec. 27. The county rural school board shall pay the free high school tuition for any pupil residing within the district who is over three and a half miles from a school maintained by the county rural school district in which the grades for which said pupil is eligible and maintained. Otherwise said free high school tuition is to be paid in accordance with the provisions of Article VIII, Chapter 71, Revised Statutes of Nebraska for 1913. Sec. 28. The board of education for the county rural school district may borrow money upon bonds which they are hereby authorized and em- powered to issue, for the purpose of purchasing sites and erecting suitable school buildings and furnishing and equipping the same. Such bonds to bear interest at a rate not exceeding six per centum per annum, payable annually or semi-annually at such place as may.JEe designated in said bonds; which loan shall be paid and reimbursed in a period not exceeding thirty years from the date of the bonds. Said bonds may be made optional on any interest paying date. Provided, that no bonds shall be issued until a petition signed by at least one-third of the qualified voters as defined in this act of the county rural school district shall be presented to the board asking that the question of 134 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. issuing such bonds be submitted in said district, which petition shall set forth the amount to be voted, which amount shall not exceed ten per cent of the assessed valuation of the taxable property of such county rural school district at the last completed assessment, the time the bonds are to run, rate of interest and purpose of issue. Upon the filing of such petition the board of education shall call an election in the district, notice of which election shall be given by at least twenty days' publication of the same in at least one news- paper published in the county and the posting of copies of the same in at least three public places in each township or precinct. The notices shall set forth the proposition in full and the time and place for holding such election in each precinct or townshhip. The vote shall be by ballot and if the majority of all the ballots cast at such election shall be in favor of the proposition the board shall be empowered to issue and negotiate the bonds. The clerks and judges of the election shall be those appointed to act at the regular school election. The returns of such election to be made to the board of education and the board shall canvass and declare the result of such election. Said bonds to be signed by the president and secretary of the county rural school district and to be attested by the seal of the county, and when issued the same shall be sold in open market to the highest bidder for not less than their par value. Sec. 29. Whenever the county board of education shall, not earlier than six months nor later than forty (40) days prior to any regular annual school election, receive a petition signed by at least thirty (30) per cent of the legal school electors of the district residing within at least two-thirds of the town- ships included within the county rural school district, asking that the county school district of county be discontinued and that the county be reorganized under the old district system as provided in Article III, Chapter 71, Revised Statutes of Nebraska for 1913, the county board of education shall and is hereby directed to submit the question to the voters at the next succeeding biennial school election. The board shall give proper notice as provided in this act. The qualified electors shall vote by ballot for or against the discontinuance of the county rural school district. The question shall be printed at the bottom of the regular ballot and shall be substantially in the following form: "For the discontinuance of the county school district of county, Nebraska, and the division thereof into districts organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, according to the pro- visions of law. "Yes n" "For the discontinuance of the county school district of county, Nebraska, and the division thereof into districts organized under Articlelll, Chapter 71, Revised Statutes of Nebraska for 1913, according to the pro- visions of law. No Q" The electors favoring the discontinuance of such county rural school districts shall mark in the square after "yes," those opposed to the discon- tinuance of such county rural school districts in the square after "No." Such votes shall be counted and the returns and canvass made at the regular biennial school elections. THE NEBRASKA SCHOOL LAWS 135 COMPILED BY K-B PRINTING CO., OMAHA. Sec. 30. If the majority of the electors voting at such election cast their votes in favor of discontinuing the county rural school district, the county rural school board of education shall by an order duly en- tered upon its records so declare the fact, and shall also designate the boundaries for all new districts to be organized under Article III, Chapter 71, Revised Statutes of Nebraska for 1913, as a result of said discontinuance of the county rural school district and they shall call for an election of officers in each of said new districts, said elec- tions to be held in accordance with the provisions of Article III, Chapter 71, Revised Statutes of Nebraska for 1913. And said county school board shall wind up the business affairs of the district on the first Monday of July succeeding the vote to discontinue the county rural school district, at which time they shall convey title to all lands and buildings vested in said county school district to the separate district in which said lands and build- ings are situated, and shall distribute all funds, except sinking funds collected for the payment of any bonds, and all other property in their possession as follows: Three-fourths of said property or funds among the various districts pro rata in accordance with the last school census of said district; and one fourth equally among said districts. Any bonded indebtedness shallfbe paid by the county treasurer from the funds created by any tax levied for that purpose prior to the discontinuance of the county rural school district, and from the proceeds of the tax levy assessed evenly over all the districts formed from the discontinued county rural school districts, said tax to be levied by the board of county commissioners or supervisors as said levy is required to pay the bonds when they mature; any unbonded indebtedness shall be paid in the same manner. 136 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Chapter 8. ARTICLE I. BONDS AND INDEBTEDNESS OF COUNTIES AND MUNICIPALITIES. GENERAL PROVISIONS. 369 Sec. 5. Interest coupons detached when. Whenever a bond of any. county, city, town, township, precinct, village, school district, or other municipality, shall be presented to the auditor of public accounts for registra- tion, the auditor shall examine the interest coupons thereto attached, and shall detach as many of them as shall mature before the first taxes levied to meet the same shall become due and collectible, and stamp said coupons "Detached by the Auditor of Public Accounts," and send to the treasurer of the county from which said coupons were issued. ARTICLE III. COMPROMISE OF INDEBTEDNESS. 400 Sec. 36. Compromise of indebtedness. That any county, pre- cinct, township, or town, city, village, or school district is hereby authorized and required to compromise its indebtedness in the manner hereinafter pro- vided. 401 Sec. 37. How made. Whenever the county board of any county, the city council of any city, the board of trustees of any village, or the school board of any school district shall be satisfied by petitions or other- wise that any such county, precinct, township, or town, city, village, or school district is unable to pay in full its indebtedness, and two-thirds of the resident freeholders of such county, precinct, township, or town, city, village, or school district shall by petition ask that such county, precinct, township, or town, city, village, or school district, compromise such indebted- ness, they are hereby required to enter into negotiations with the owner or owners, holder or holders of any such indebtedness of whatever form for scal- ing, discounting, or compromising the same. 402 Sec. 38. Bonds, how issued. Whenever satisfactory arrangements are made with the owner or owners, holder or holders, or any of them, of such indebtedness, for the payment of the same, the county board, for and on behalf of any such county, precinct, township or town, or the city council of any THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 137 such city, or the board of trustees of any such village, or the school board of any such school district, upon petition of two-thirds of the resident freehold- ers of such county, precinct, township or town, village or school district shall have the authority, and they are hereby required to issue the coupon bonds of such county, precinct, township or town, city, village, or school district, and after registration to deliver the same to the owner or owners, holder or holders of such indebtedness, in satisfaction of the same, not exceeding the amount of the original indebtedness. 403 Sec. 39. Rate of interest tax by board. Before issuing bonds under the provisions of the three next preceding sections, the board issu- ing the same shall by resolution entered upon its records recite the number and denomination of the bonds to be issued, the rate of interest, and to whom and when payable. Such bonds shall be payable in not more than twenty years from the date of their issue, or at any time before maturi- ty, at the option of the board issuing the same. They shall bear inter- est at a rate not exceeding six per cent per annum, and not exceeding the rate of the indebtedness compromised, with interest coupons attached, payable annually or semi-annually, as provided in said bonds, and said board shall levy a tax on all the taxable property in such county, precinct, township or town, city, village, or school district in addition to other taxes, to pay the interest and principal of said bonds as the same shall mature. 404 Sec. 40. Record of transaction. Every board issuing bonds under the provisions of the four next preceding sections shall keep a complete record of all the transactions connected therewith. *Act held not to empower a school district to issue its bonds and deliver them to par- ties in compromise, or to take the place, of an indebtedness evidenced by school district war- rants. (45 Neb., 13.) ARTICLE VIII. SCHOOL DISTRICT BONDS. SECTION 447. School district issue bonds, when. 448. Question to be submitted to vote. 449. Petition for submission. 450. Amount of bonds. 451. Amount of bonds limited. 452. Rate of interest. 453. Description of bonds. 454. Statements transmitted to state auditor 455. Registration by auditor. 456. Certificate of registry payment. 457. When auditor return unregistered. 458. Taxation for payment sinking fund. 459. School district defined. SECTION 460. Excess of tax over payment due invest- ment. 461. Payment, where and how made. 462. County treasurer liable. 463. Cancellation of bonds fees of county treasurer. 464. When school bonds may be refunded. 465. Recital of new bonds. 466. How issued and paid. 467. High school redemption bonds. 468. Conditions description. 469. Disposition and avails of bonds. 470. How issued and paid. 447 Sec. 83. School district issue bonds, when. The district officers of any school district in Nebraska shall have power to issue the bonds of the district, for the purpose of purchasing a site for, and erecting thereon, a school- *Applies to sections 30-32, inclusive. 138 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. house or schoolhouses, and furnishing the same, in such district, on the terms and conditions set forth in the succeeding sections of this article. 448 Sec. 84. Question to be submitted to vote. No bonds shall be issued until the question has been submitted to the qualified electors of the dis- trict, and three-fifths of all the qualified electors present and voting on the question shall have declared by their votes in favor of issuing the same, at an election called for the purpose, upon a notice given by the officers of the dis- trict at least twenty days prior to such election. House Roll No. 406. AJ1 persons who are qualified to vote in a school district meeting are entitled to vote upon the proposition to issue bonds of the district whenever such question is properly sub- mitted. * Women entitled to vote at school elections may lawfully vote for or against school district bonds. 86 Neb,, 135. 449 Sec. 85. Petition for submission. No vote shall be ordered upon the issuance of such bonds, unless a petition shall be presented to the district board, suggesting that a vote be taken for or against the issuing of such amount of bonds as may therein be asked for, to purchase a site for, or build a schoolhouse or houses, or for furnishing the necessary furniture and apparatus for the same, or for all these purposes, which petition shall be signed by at least one-third of the qualified voters of such district; Provided, the board of education in any city of the metropolitan class may order a vote upon the issuance of such bonds without a petition therefor "One-third qualified voters," how ascertained. 41 Neb., 693. 450 Sec. 86. Amount of bonds. That no such bonds shall be issued in the aggregate amount to exceed five per cent (excepting in districts hav- ing over one hundred (100) school children) of the last complete assessment of the taxable property of the district, for state and county purposes, nor shall any district issue bonds*unless there are at least twelve (12) children of school age residing within such district. 451 Sec. 87. The amount of bonds shall be such amount as may be agreed upon not to exceedftwenty per cent of the assessed valuation of the last completed assessment. House Roll No. 559, Session 1919. 452 Sec. 88. Rate of interest. The bonds issued under this article shall draw such interest as shall be agreed upon, but not to exceed six per cent per annum. 453 Sec. 89. Description of bonds. The bonds shall specify on their face the date, amount, for what purpose issued, the time they run, and the rate of interest; shall be printed on good paper, with coupons attached for each year's or half year's interest, and the amount of each year's interest shall be placed in corresponding coupons until such bonds shall become due, in a manner, so as to have the last coupon fall due at the same time as the bond; said bonds and coupons thereto attached shall be severally signed by the director, moderator, and treasurer of the district board. 454 Sec. 90. Statements transmitted to state auditor. It shall be the duty of the proper officers of any school district in which any bonds may be voted under the authority of any law of this state, before the issuance of such bonds, to make a written statement of all proceedings relative to the vote upon the issuance of such bonds, and the notice of the election, manner, and time of THE NEBRASKA SCHOOL LAWS 139 COMPILED BY K-B PRINTING CO., OMAHA. giving notice, question of submission, results of a convass of the vote on the proposition on account of which it is proposed to issue such bonds together with a full statement of the assessed valuation, the number of children of school age residing in the district, and total bonded indebtedness of the school district voting such bonds. Such statement shall be certified to under oath by the proper school board of the district, and be transmitted with the bonds proposed to be issued, to the auditor of public accounts. 455 Sec. 91. Registration by auditor. The auditor shall examine the statement and bonds so submitted to him, and if he be satisfied that such bonds have been voted in conformity to law, and are in all respects in due form, he shall record the statement and register the bonds in his office, and no such bonds shall be issued or be valid unless they shall be so registered and have endorsed thereon a certificate of said auditor and the secretary of state, showing that such bonds are issued pursuant to law, the data filed in the office of said auditor being the basis of such certificate. 456 Sec. 92. Certificate of registry payment. Upon the registration of such bonds aforesaid, the auditor of public accounts shall certify the fact to the county clerk of the county in which the district is situated, and also to the proper officers of such school district, and whose duty it shall be to enter the same upon the proper records of such school district and taxes for the payment of such bonds and the interest thereof shall be levied in the manner provided by this article. 457 Sec. 93. When auditor return unregistered. If the auditor of public accounts is not satisfied that such bonds have been issued according to law, he shall return the same to the proper officer with a certificate to that effect. 458 Sec. 94. Taxation for payment sinking fund. It shall be the duty of the county board in each county to levy annually upon all the taxable property in each school district in such county a tax sufficient to pay the interest accruing upon any bonds issued by such school district, and to provide a sinking fund for the final redemption of the same, such levy to be made with the annual levy of the county, and the taxes collected with other taxes, and when collected shall be, and remain in, the hands of the county treasurer a specific fund for the payment of the interest upon such bonds, and for the final payment of the same at maturity. It shall be the duty of the county clerk to furnish a copy of his register to the county treas- urer. The county commissioners seem to be required to levy the necessary taxes for the pay- ment of bonded indebtedness of a district without any action of the voters and officers of the district. From Maxwell's Practice, 308. Cited 22 Neb., 700. 459 Sec. 95. School district defined. The phrase and expression "school district," as used in the preceding section is hereby declared to mean, intend, and refer to the school district as it existed immediately prior to and at the time of the issuance of any bonds by said school district, in- cluding all lands and property and inhabitants comprised and contained in said school district at the time of the issuance of any bonds, and including all and any portions of said district subsequently separated from said district, whether by the formation of a new district or by any change of boundaries of said original district. Cited 19 Neb., 485. 15 Id., 1. 140 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 460 Sec. 96. Excess of tax over payment due investment. Any money remaining in the hands of any treasurer, after the payment of interest due on any bonds which are a valid and legal obligation against the school district to which such money belongs, and the retention of a sufficient amount to pay the accruing interest upon such bonds for the current year, shall be retained as a sinking fund for the final redemption of such bonds, and shall be, by the treasurer, when so ordered by the school board, invested as follows, to- wit: First, in redeeming bonds of the school district issuing the same; second, in registered bonds of the county in which the district is situated; third, in the bonds of the state of Nebraska; fourth, in the bonds of the United States; Provided, That the bonds thus purchased shall in all cases be pur- chased at the lowest market price, after twenty days' notice by publication in at least one newspaper published and in general circulation at the capital city of the state; the cost of which advertising, at legal rates, shall be paid out of the sinking fund for the redemption of such bonds. 461 Sec. 97. Payment, where and how made. When the interest and principal, or interest only, of such registered bonds are payable in New York City, or elsewhere out of the state, payment shall be therein [then] made at the place so designated in such bond or coupon, or at the commercial [financial] agency of the state for such purposes, and in order that the funds may not be misapplied, the treasurer shall procure a draft for the amount, to be transmitted by drawing his check on some bank in this state, and both check and draft shall be so endorsed as to show upon what bond or bonds the funds shall be applied; or, at the request of the party holding or owning said bonds, payment may be made at the office of said treasurer. 462 Sec. 98. County treasurer liable. The tax and funds so col- lected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disbursements of all moneys so collected or received by him. After the principal and interest of such bonds shall have been fully paid, and all obligations for which such fund and taxes were raised have been discharged, the county clerk, upon the order of the county board, shall notify the county treasurer to transfer all such funds remaining in his hands to the credit of the district to which they belong. 463 Sec. 99. Cancellation of bonds fees of county treasurer. When any registered bond shall mature, the same shall be paid off by the treasurer, at the place where the same shall be payable, out of any money in his hands or under his control for that purpose, and when so paid the same shall be endorsed by the treasurer on the face thereof, "Cancelled," together with the date of such payment; and thereupon be filed with the clerk, who shall enter satisfaction of such bonds upon the records of such school district. In case such bonds are payable out of the state, an allowance of one-fourth of one per cent shall be made to the treasurer for the expense attendant in making such payment to be deducted from any money in his hands remaining after payment of such matured bonds. 464 Sec. 100. When school bonds may be refunded. Any school dis- trict in the state of Nebraska which has heretofore voted and issued bonds to THE NEBRASKA SCHOOL LAWS 141 COMPILED BY-K-B PRINTING CO., OMAHA. build, or to furnish a schoolhouse, or for any other purpose, and which bonds, or any part thereof, still remain unpaid, and remain and are a legal liability against such district , and bearing interest, is hereby authorized to issue cou- pon bonds at a rate of interest not exceeding six per centum per annum, to be substituted in place of, and exchanged for such bonds heretofore issued, when- ever such school district can effect such substitution and exchange at a rate of not to exceed dollar for dollar. Provided, That all bonds issued under the provisions of this act must, on their face, contain a clause that the district issuing such bonds shall have the right to redeem such bonds at the expiration of five years from the date of the issuance thereof. 465 Sec. 101. Recitals in new bonds. The new bond so issued shall have recited therein the object of its issue, the section of the law under which the issue was made, stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it is substituted, and such new bond shall not be delivered until the surrender of the bond or bonds so designated. 466 Sec. 102. How issued and paid. The new bonds as issued shall not require a vote of the people to authorize such issue, and they shall be paid, and the levy made and tax collected for their payment in accordance with laws now governing the said bonds heretofore issued. 467 Sec. 103. High school redemption bonds. Any school dis- trict in any city of the first class in this state be and is hereby authorized and empowered to issue its coupon bonds of such demoninations as the board of education of such school district may deem best, and in an amount equal to the amount outstanding and unpaid of bonds bearing interest at the rate of ten per cent per annum, heretofore issued for the purpose of erecting a high school building by such school district, or by any school organization or board of regents which shall have been superseded by such school district. 468 Sec. 104. Conditions description. Any bonds issued under the provisions of this act shall be for the payment, by the school district issuing the same, of the sum specified therein, made payable in the city of New York, in not more than twenty years nor less than five years from the time they are issued, with interest at a rate not exceeding seven per cent per annum, payable semi-annually; said bonds and coupons shall be required [signed] by the president of the board of education and countersigned by its secretary; Provided, That such bonds may be made redeemable at any time after five years, at the option of the board of education 469 Sec. 105. Disposition and avails of bonds. It shall be the duty of the board of education of any school district issuing bonds under the provisions of the two next preceding sections to negotiate such bonds, but for no less than the par value thereof, and all the proceeds arising from the sale thereof shall be paid to the treasurer of the board of education, and shall be applied solely to the redemption and purchase of the bonds heretofore issued by such school district, or school organization superseded by it, for the pur- pose of erecting a high school building, and bearing interest at the rate of ten per cent per annum; Provided, none of the said bonds heretofore issued shall be redeemed or purchased for more than the face value thereof. 142 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 470 Sec. 106. How issued and paid. The bonds issued under the provisions of the three next preceding sections shall not require a vote of the people to authorize their issue, and they shall be paid, and taxes shall be levied and collected for their payment in the same manner as is now provided by law for the payment of bonds, heretofore issued by such school districts. THE NEBRASKA SCHOOL LAWS 143 COMPILED BY K-B PRINTING CO., OMAHA. Chapter 68. ARTICLE XVII. WARRANTS. 3355 Section 10. Interest on warrants and bonds. All war- rants or orders issued by the proper authorities of any county, city, town- ship, school district, or other municipal subdivisions less than a county, except school districts in Metropolitan cities and cities of the first class, shall draw interest from and after the date of presentation for payment, at the rate of seven per cent per annum. All warrants or orders issued by the proper authority of any school district within the corporate limits of a metropolitan city, shall draw interest from and after the date of presenta- tion for payment, at the rate of six per cent per annum. All warrants or orders issued by the proper authority of any school district within the corporate limits of a city of the first class shall draw interest from and after the date of presentation for payment, at the rate of five per cent per annum. All warrants issued by the proper authorities of this state shall draw interest at the rate of four per cent per annum from the date the same are presented for payment. No bonds hereafter issued by any county, city, township, precinct or school district shall draw interest at a rate exceeding six per cent per annum. House Roll No. 191, Session 1919. Emergency. 6642 Sec. 354. Warrants paid in order of presentation. All warrants upon the state treasurer, the treasurer of any county, city school district, or other municipal corporation shall be paid in the order of their presentation therefor. If there is ho money on hand with which to pay warrants when presented, the war- rants shall be registered in the order of their presentation, and as soon as there are funds i n the hands of the district treasurer it becomes his duty to notify the holder of the registered warrants and to pay them in the order of their registration, regardless of when the tax was leviej. It has been held by the supreme court of Nebraska that the statute of limitations runs, for or against school districts the same as for or against individuals. 22 Neb., 205. Where school districts, having registered warrants outstanding, consolidate into one district, said warrants should be paid in the order of their registration, as shown by the date of the endorsement thereon, without regard to which of the original districts issued the war- rants School districts have no powers except those conferred by statute or necessarily im plied therefrom. Their ability to pay debts is restricted by lawsTauthorizing them to levy taxes, within fixed limits only, and by the funds arising from such levies, from fines and from other lawful sources. For the current expenses of running their schools they cannot incur indebtedness greater in amount than their "revenue from all sources, and where a contract for such expenses provides for payment of a sum in excess thereof it is, to that extent, void. It does not follow, however, that taxes must actually be paid into the treasury before they can be made a basis for incurring debts. The supreme court has recently said: "Taxes levied at the annual school meeting held just prior to the commencement of the school year consti- tute a fund against which warrants may be drawn." Zimmerman vs. State, 83 N. W., 919. 6643 Sec. 355. Warrant register. The treasurer of this state, and the treasurer of every county, city, school district, or other municipal cor- poration, shall keep a warrant register, which register shall show, in columns 144 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. arranged for that purpose, the number, date, and amount of each warrant presented and registered, as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered, is mailed as hereinafter provided. 6644 Sec. 356. How warrants are to be registered. Whenever a warrant is presented for payment to any such treasurer and there are not sufficient moneys on hand to the credit of the proper fund to pay the same, it shall be the duty of every such treasurer to enter such warrant in his warrant register for payment in the order of its presentation, and upon every war- rant so presented and registered he shall indorse, "registered for payment," with the date of registration, and shall sign such indorsement: Provided, however, whenever the state treasurer is authorized by the board of educa- tional lands and funds to invest the educational trust funds of the state in state warrants, he shall have the right and it is made his duty to pay the owner or holder of any state warrant legally drawn upon its presentation and surrender the amount thereof from the moneys under his control belonging to such trust funds, unless there be sufficient money on hand belonging to the fund upon which such warrant is drawn out of which to pay the same. When any such warrant or warrants are taken up by the treasurer as afore- said, he shall register the same and they shall be taken and considered in all respects as warrants purchased by the treasurer with and for the use and benefit of the trust fund, and the same shall draw interest at the rate now provided by law for registered state warrants until such time as there shall be sufficient moneys in the treasury to the credit of the fund against which the warrant or warrants are drawn to pay the same. If the treasurer is unable to pay for any such warrants the full amount thereof when presented to him, either from want of moneys to the credit of the funds against which such warrants are drawn, or because not authorized by the board of educa~ tional lands and funds to invest such trust funds in state warrants, or beacuse there are not sufficient moneys in such trust funds to pay the same, then the owner or holder of the warrants shall be entitled to have same registered, and not otherwise. 6645 Sec. 357. Duty of treasurer. It shall be the duty of every such treasurer to put aside in a separate and sealed package, the money for the payment of each registered warrant, in the order of its registration, as soon as money sufficient for the payment of such warrant is received to the credit of the particular fund upon which the same is drawn. Such package shall be endorsed with the number and description of such warrant, and the name and address of the person in whose name the same is regis- tered, and interest upon such warrant shall thereupon cease, and such treas- urer shall by mail immediately notify the person in whose name the same is registered, and shall endorse the date of the mailing of such notice upon such sealed package. 6648 Sec. 360. Receipts by city treasurer. The treasurer of every city or incorporated town, shall make duplicate receipts for all sums which THE NEBRASKA SCHOOL LAWS 145 COMPILED BY K-B PRINTING CO., OMAHA. shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise; one of which duplicates the treas- urer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office. 6649 Sec. 361. How treasurer to keep books. Every such treas- urer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of each year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the account for that year in such register, and shall carry forward the excess. 6650 Sec. 362. Penalty for neglect of duty. Any such treasurer who shall fail regularly to enter upon his cash book the amounts so re- ceived and receipted for, or, who shall fail to keep his cash book footed from day to day, as required by this article, for the space of three days, shall forfeit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one-half to the school fund of the county in which such action is brought. 6651 Sec. 363. Inspection of books. The cash book, register, and retained receipts of every such treasurer, shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid. 6652 Sec. 364. Failure to notify penalty. Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any registered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent on the amount of such warrant, and ten per cent additional for every thirty days thereafter during which such failure shall continue. 6653 Sec. 365. Failure to register or pay penalty. Any such treasurer, who shall fail to register any warrant, in the order of its presenta- tion therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought. 6654 Sec. 366. Duplicate for lost warrant. Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue warrants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" wtitten or printed in red ink across the face thereof; Provided, That no such duplicate warrant shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security conditioned to refund any 146 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. money by him or his assigns received on such duplicate in case of presenta- tion and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine endorsement thereon or otherwise. ARTICLE XVIII. INVESTMENT OF PUBLIC FUNDS. 6670 Sec. 382. Sinking funds investments in warrants. When any warrant issued by the proper authorities of any county, township, city, town, or school district shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the county board of such county, to purchase and take up such registered warrants with sinking funds in his hands and to hold such warrants for the benefit of the fund so invested, until the same is paid in its order as provided by law. 6671 Sec. 383. Same county board. The county board of any county in this state is hereby authorized to provide for the purchase and tak- ing up of registered warrants, as provided for in the next preceding section, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such county board the same shall be safe and expedi- ent. Before so investing any sinking funds the county board shall fix and prescribe, and enter of record general directions and authority to such county treasurer, as to the funds to be so invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable; Provided, not more than fifty per cent of the money so collected on any given sinking fund shall be so invested in warrants at any given time, and provided further, when practicable the warrants drawn by any given authority shall be pro- vided for as above from the sinking funds belonging to the organization issuing such warrant, and of such provisions the county board shall give the treasurer notice. 6672 s ec . 384. Same cities. The city council of any incorporated city of this state may make similar provision for the taking up of war- rants out of the sinking funds in the hands of the city treasurer of such city, provided, the warrants to be so purchased shall be limited to those of its own issue, or to those of any school district situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. 6673 Sec. 385. Same school districts. The school board of any school district in this state is hereby authorized to direct the legal custodian THE' NEBRASKA SCHOOL LAWS 147 COMPILED BY K-B PRINTING CO., OMAHA. of any of its sinking funds, to invest such sinking funds in the warrants of such school district, in like manner as hereinbefore provided for, provided, that the investment of such school district sinking fund under this section shall be limited to the warrants of its own issue, and upon such direction of the school board, the custodian of such sinking funds shall preceed to take up the warrants of such school district as herein provided for. 6677 Sec. 389. Paid into school fund. All fees remaining in the hands of such district clerks, county judge, or justice of the peace for the period of six months, after the same has been reported by them to the county board, shall be paid over to the treasurer of the county* who shall receipt in duplicate for the same, one of which receipts shall be filed with the county clerk, and all such fees shall be credited to the common school funds of the county. 148 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Chapter 32. INTEREST. 3355 Sec. 10. Interest on warrants and bonds. All warrants or orders issued by the proper authorities of any county, city, township, school district, or other municipal subdivision less than a county, ex- cept school districts in metropolitan cities and cities of the first class, shall draw interest from and after the date of presentation for payment at the rate of seven per cent per annum. All warrants or orders hereinafter issued by the proper authority of any school district within the corporate limits of a metropolitan city or a city of the first class shall draw interest from and after the date of presentation for payment at the rate of five per cent per annum. All warrants hereinafter issued by the proper authorities of this state shall draw interest at the rate of four per cent per annum from the date the same are presented for payment. No bonds hereinafter issued by any county, city, township, precinct or school district shall draw interest at a rate exceed- ing six per cent per annum. Miscellaneous. EXCEPTIONS FROM OPERATION OF PRIMARY ELECTION. Senate File No. 134, Session 1915. 2138 Sec. 200. This article shall not apply to special elections to fill vacancies, nor to municipal elections in cities having less than twenty-five thousand population, village, precinct, township and school district officers, members of the board of supervisors in counties under township organization, having supervisors from each ward and township, nor to members of school boards nor members of boards of education: 7011 Sec. 312. Board of education election. Provided, that mem- bers of boards of education in metropolitan cities shall.be nominated as pro- vided in section 2140 of Revised statutes 1913, providing for nomiantion by petition. BUSINESS COLLEGES. Senate File No. 124, Session 1915. Section 1. It shall be unlawful for any proprietor, officer, agent or representative of any business college, or the business or commercial depart- ment of any school doing business within the state of Nebraska, or without the state when operating or soliciting within the state, to contract for or THE NEBRASKA SCHOOL LAWS 149 COMPILED BY K-B PRINTING CO., OMAHA. receive for tuition or scholarship a negotiable note or negotiable contract, except the said negotiable note or notes or negotiable contract shall have written or printed prominently and legibly and in bold type across the face thereof and above the signatures thereto, the words "Negotiable Note Given for Tuition" if a note, or the words "Negotiable Contract Note Given for Tuition and Scholarship," if a contract, and unless a copy of said instrument shall be delivered to the makers thereof at the time of signing the same. And it shall be unlawful for any such proprietor, agent, or representative of any such school or department to sell or dispose of any such negotiable note or negotiable contract note received in payment for tuition or scholarship prior to three days from the entrance and personal registration of the student, for whom the same was purchased, in the matriculation register at the place of the location of the school or department. Sec. 2. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished for each and every offense by a fine of not less than one hundred dollars (.$100) and not more than five hundred dollars ($500) or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment. Sec. 3. Any note or contract taken by any business college, or the busi- ness or commercial department or any other school or by their agents or representatives, for tuition or scholarships without first having complied with all the provisions of this act shall be void. DIXON AND ALT SURVEY. House Roll No. 258, Session 1915. Sec. 1. That the state of Nebraska hereby adopts the Dixon and Alt survey of the school lands included in the survey made in accordance with special act of Congress entitled "An Act providing for the re-survey of Grant and Hooker counties in the State of Nebraska" approved August 9, 1894, as the true and correct survey of the school lands belonging to the state of Nebraska included in said survey, and hereby adopts the lines, corners and monuments made under the above special act of congress for Grant and Hooker counties, Nebraska, as the true, correct and legal boundary lines of the school lands included in said survey. RECOVERY UPON FORFEITED RECOGNIZANCE. House Roll No. 410, Session 1915. 9016 Sec. 441. Recognizance forfeited recovery on. When- ever such recognizance shall have been forfeited as aforesaid, it shall be the duty of the county attorney of the county in which the recognizance was taken to prosecute the same by civil action for the penalty thereof; and such action shall be governed by the provisions of the code of civil procedure, so far as the same may be applicable: Provided, that the attorneys for boards of education shall have the authority of special deputy county attorneys to prosecute such forfeited recognizances, and it shall be the duty of the attor- neys for such boards of education, by and under the direction of such board, 150 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. to prosecute such forfeited recognizances to final termination and said board of education is authorized to defray the necessary expenses incident to the carrying out of this proviso. FIEE ESCAPES OR TOBOGGANS. House Roll No. 362, Session 1915. 3612A Sec. 62a. Every building now or hereafter used, in whole or in part, as a public building, public or private institution, office or store building, theatre, public hall, place of assemblage or place of public resort, more than two stories high and containing above the ground floor, offices, assembling hall, work rooms or a room intended to be used as a place of amusement, all or any of which rooms are designed for occupancy by fifteen or more persons, shall be provided with one or more fire-proof stairways, chutes or toboggans constructed on the outside thereof placed in such position and as many in number as may be designated by the commissioner of labor, or his deputy commissioner of labor. All school houses and buildings used for school pur- poses of two stories or more in height shall be equipped as provided in the preceding sentence of this act. Such fireproof stairway, chutes or toboggans shall connect the cornice with the top of the first story of such building by a wrought iron or steel platform, properly surrounded with a wrought iron or steel railing; said platform to be constructed on a level with the floor of each story so connected, and of sufficient length to permit access to the same from not less than two windows of each story; said platform shall be so constructed as to be of convenient access from the interior of the building, commodious in size and form and of sufficient strength to be safe for the purpose of ascent and descent: Provided, however, all buildings more than two stories in height used for manufacturing purposes, mercantile establishments, schools, seminaries, hospitals, asylums or other institutions, where twenty-five or more persons congregate at any one time, there shall be placed one automatic metallic fire escape or device for every twenty-five persons, for which work- ing accommodations are provided above the second floor of said building material, design and location of such escapes to be subject to the approval of the deputy commissioner of labor: Provided, all theatres, moving picture galleries and other places of amusement, school houses and buildings used for school purposes shall have proper exits, opening outwardly, which shall be not less than three feet wide by six feet six inches high. All operating booths for apparatus involving the use of a combustible film more than ten inches in length shall be constructed of galvanized iron or other metal; lined with as- bestos and otherwise constructed according to regulations of the commissioner of labor. The deputy commissioner of labor or any person deputized by him shall have authority to inspect all such theatres, moving picture galleries or other places of amusement and prescribe regulations for the construction and operation of the same. 5818 Sec. 24. Children in poor house education. When child- ren of school age and of sound mind shall be confined in any poor house of this state it shall be the duty of the county board, to make arrangements with the officers of the school district wherein such poor house is located, or with some school district adjacent, to have the children so chargeable to the county attend school at such time and place, and to have and receive such text-books THE NEBRASKA SCHOOL LAWS 151 COMPILED BY K-B PRINTING CO., OMAHA. and instruction as shall be provided for other children attending in such school district or districts. 5819 Sec. 25. Payment of expenses. It shall be the duty of the county board upon the report of the officers of the school district wherein arrangements have been made for the education of the children confined in the poor house, to draw a warrant on the general fund of the county, payable to the treasurer of such school district; Provided, however, the county shall not be liable for more than its proportionate share of the expenses for text-books, fuel, and teachers' wages. STATE HOLIDAYS AND OTHER DAYS RECOMMENDED FOR "FLAG DAY" OBSERVANCE. The following days, viz: 1. The first day of January, known as New Year's Day; 2. The twenty-second day of February, known as Washington's birth- day; 3. The twenty-second day of April, known as "Arbor Day"; 4. The thirtieth day of May, known as Decoration or Memorial Day; 5. The fourth day of July, known as Independence Day; 6. The first Monday in September, known as Labor Day; 7. The twelfth day of October, known as "Columbus Day"; 8. The twenty-fifth day of December, known as Christmas Day; 9. Any day appointed and recommended by the governor of this state or the president of the United States as a day of fast or thanksgiving; and 10. Any day which may hereafter be made a legal holiday, shall for the purposes of this act, be holidays; but if said days herein be the first day of the week known as Sunday the next succeeding secular or business day shall be a holiday. 11. The state superintendent of public instruction also recommends the following days as "Flag Days": February 12, Lincoln's birthday; March 1, Nebraska's admission to the Union as a State; April 15, Death of Lincoln (half mast) ; April 19, Inauguration of the first president of the United States; October 19, Surrender of Cornwallis; and December 20, the landing of the Pilgrims. As far as practicable we trust the above named days will be observed in the respective schools of the state by appropriate exercises and instruction of the character especially suitable for the respective occasions. See the decisions following Section 74, article 4, with reference to closing schools on holidays 152 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. Chapter 35 ARTICLE III. CHILD LABOR. SECTION 3575. Child under fourteen not to work. 3576. Employment certificate for child over fourteen. Employment certificate approved by school superintendent. Employment certificate how issued. Statement in certificate. School record furnished. 3577. 3578. 3579. 3580. 3583. 3584. 3585. 3586. 3587. SECTION 3581. School director report certificate is- sued. 3582. School attendance required. Form of certificate. Limit of working hours. Penalty. Governor appoint b9ard inspectors. Child not employed in place of dan- I . ger. 3575 Sec. 25. Child under fourteen not to work. No child un- der fourteen years of age shall be employed, permitted or suffered to work in, or in connection with any theater, concert hall, or place of amusement, or any place where intoxicating liquors are sold, or in any mercantile insti- tution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this state. It shall be unlawful for any person, firm or corporation to employ any child under fourteen years of age in any business or service whatever during the hours when the public schools of the town, township, village or city in which the child resides are in session. 3576 Sec. 26. Employment certificate for child over fourteen. No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any theater, concert hall, or place of amuse- ment, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory, or workshop or as a messenger or driver therefor, within this state, unless the person or corporation employing him procures and keeps on file and accessible to the truant officers of the town or city, the state com- missioner of labor, and his deputies, and the members of the state board of inspection, 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. Upon the termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith transmitted by the employer to the city or county superin- tendent of schools of the county in which the child resides, and shall be turned over to the child named therein upon demand. Any truant officer, the state commissioner of labor or his deputies, or any member of the state board of inspection may make demand on any employer in whose place of business 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 by this section, that such employer shall either furnish him within ten days, evidence satisfactory 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 in such place of business. The same evidence of the age of such child may be required from such employer as is required THE NEBRASKA SCHOOL LAWS 153 COMPILED BY K-B PRINTING CO., OMAHA. on the issuance of an employment certificate as hereinafter provided, 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 truant officer, the state commissioner of labor or deputy state commissioner of labor, or member of the state board of inspection within ten days after demand for the same, such evidence of the age of any child as may be required of him under the provisions of this article and shall thereafter continue to employ such child or permit or suffer such child to work in such place of business, 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 a violation of this section, that such child is under sixteen years of age and is unlawfully employed. Tf the employment of an infant under sixteen is cause of injury, master is liable. Han- kins v. Reimers, 86 Neb. 307 (125 N. W. 516). 3577 Sec. 27. Employment certificate approved by school superintendent. An employment certificate shall be approved only by the superintendent of schools of the school corporation in which the child resides, or by a person authorized by him in writing, or where there is no superintendent of schools, by a person authorized by the school district officers: PROVIDED, no school district officer or other person authorized as aforesaid shall have authority to approve such certificate for any child then in, or about to enter, his own employment, or the employment of a firm or corporation of which he is a member, officer or employee, or in whose business he is interested. The officer or person approving such cer- tificate shall have authority to administer the oath provided for therein or in any investigation or examination necessary for the approval thereof. No fee shall be charged for approving any such certificate nor for adminis- tering any oath or rendering any services therein in respect thereto. The board of directors of each school corporation shall establish and maintain proper records where copies of all such certificates and all documents con- nected therewith shall be filed and preserved, and shall provide the neces- sary clerical services for carrying out the provisions of this article. 3578 Sec. 28. Employment certificate how issued. The per- son authorized to issue an employment certificate shall not issue such cer- tificate until he has received, examined, approved and filed the following papers duly executed: The school record of such child, properly filled out and signed as provided in this article, showing that the child has completed the work of the eighth grade of the public schools, or its equivalent, or is regularly attending night school in compliance with this article. A pass- port or duly attested transcript of the certificate of birth or baptism, or other religions or official record showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar cffvital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. The affidavit of the parent, or guardian, or custodian of a child, which shall be required, however, only in case none of the documents mentioned above can be produced and filed, showing the place and date of birth of such child; which affidavit must be taken before the officer issuing the employment certificate. Such employment certificate shall not be issued 154 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. until such child has personally appeared before, and been examined by, the officer issuing the certificate and until such officer shall, after making such examination, sign and file 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 upwards, 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 intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health, or by a physician provided by the state board of inspection. Whenever the person authorized to issue the employment certificate is in doubt about the age of a child, he may require the party or parties making application for the certificate to ap- pear before the judge of the juvenile court, or the county judge, where the question of the age of the child shall be determined and the judgment of the court shall be final and binding upon the person issuing the certifi- cate. Notice of the hearing before the court shall be given to some one of the persons mentioned in section 26, authorized to demand inspection of employment certificates. Every employment certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued. 3579 Sec. 29. Statement in certificate. Such certificate shall state the date and place of birth of such 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 preceding 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 been examined. 3580 Sec. 30. School record furnished. The school record re- quired by section 28 shall be signed by the teacher and principal of the school which such child has 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 schools, or schools equivalent thereto, or parochial schools for not less than three-fourths of the school year previous to his arriving at the age of fourteen years, or during the year previous to applying for such school record, and is able to read and write simple sentences in the English language. It shall also state the amount of work completed by such child, measured by the grade of the public day schools in the city or county. Such school record shall also give the age and residence of the child as shown on the records of the school, and the name of its parent or guardian or custodian. 3581 Sec. 31. Superintendent or director report certificate issued. The superintendent of public schools in all cities and towns having a population of more than one thousand according to the last official census, and the presiding officer of all other school boards shall furnish a duplicate copy of all certificates issued under the provisions of this article to the Commissioner of Labor. The duplicate certificate as to form shall be as set forth in Section THE NEBRASKA SCHOOL LAWS 155 COMPILED BY K-B PRINTING CO., OMAHA. 3583 of this article, and must be filed with the Commissioner of Labor at the time of the issuance of the original certificate. House Roll No. 143, Session 1919. 3582 Sec. 32. School attendance required. Regular attend- ance of a child at any public evening school, maintained in any city or village where instruction is given not less than twenty weeks each year, and three evenings each, week, and two hours each evening, shall author- ize the issuance of a certificate of employment where the schooling certifi- cate fails to show that the child has completed the work of the eighth grade, required by section 30: Provided, the schooling certificate and all other certificates are otherwise in due form, and the applicant further produces a certificate from the superintendent or principal of such public evening school, showing the regular attendance of such child at such even- ing school: Providing further, every child employed under such certifi- cate shall furnish to his employer a weekly certificate showing regular attendance each week while the evening school is in session. Whoever employs a child in violation of the provisions of this section shall be fined not more than fifty dollars for each offense. A parent, guardian or custo- dian who permits a child under his control to be employed in violation of the provisions of this section shall be fined not more than twenty dollars. 3583 Sec. 33. Forms of certificate. The age and schooling cer- tificate provided for herein shall be made out upon blank forms furnished in triplicate by the state commissioner of labor and shall be in the following form: SCHOOL ATTENDANCE CERTIFICATE. Nebraska (name of school) (city or town) ..191.. (date) This certifies that has completed the work of the th (signature of child) grade, can read and write legibly simple sentences in the English language. This also certifies that according to the records of this school and in my belief, the said was born at in county, state of on the (name of child) (city or town) and is now years and months old, and has attended said (date) school within the past twelve months the following period. (name of parent or guardian) (residence) (Signature) Teacher. (Signature) Principal. 156 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. AGE AND SCHOOLING CERTIFICATE. Nebraska, 191 ... (city or town) (date) This certifies that I am the of (father, mother, guardian, or custodian) (name of child) and that was born at in county and state of on the and is now years months old. (Signature of father, mother, guardian, or custodian) Nebraska 191 ... (name of city or town) (date) There personally appeared before me the above named and being sworn (Name of person signing) testified that the foregoing certificate by signed is true to the best of (him or her) (his or her) knowledge or belief. I hereby approve the foregoing certificate of , height feet inches weight pounds ounces, complexion hair (fair or dark) (color) eyes having no sufficient reason to doubt that is of the age herein certified (color) (he or she) I hereby certify that read at sight and write legibly simple sentences (he or she can or cannot) in the English language; that said child has appeared before me and been personally exam- ined by me; that all certificates and papers required by law have, in due form, been presented to, and approved by me and the same have been placed on file. (In case the child is attending school insert here the following:) I further certify that is regularly attending the (he or she) (name of school) This certificate shall continue in force only so long as the regular attendance of said child at said school is certified weekly by a teacher thereof. This certificate belongs to and is to be surrendered to the superintendent of (name of child) schools whenever leaves the service of the person, firm or corporation holding the (he or she) same as employer. (Signature and official title of person authorized to approve and sign.) Place employed Authority for age Hours Certificate valid until - EVENING SCHOOL ATTENDANCE CERTIFICATE. This certifies that is registered in and regularly attends the (name of child) evening school. This also certifies that according to records of my school and in my "belief was born at on the day of 19. .. .and is (name of child) (name of city or town) now old. (Name of parent or guardian.) (Signature of teacher.) (Signature of principal.) THE NEBRASKA SCHOOL LAWS 157 COMPILED BY K-B PRINTING CO., OMAHA. Duplicate copies of such certificates shall be retained in all cases by the person or officer issuing the same and kept on file by the superintendent of schools or school district directors of the county in which the same are issued. House Roll No. 143, Session 1919. 3584 Sec. 34. Limit of working hours. No person under the age of sixteen years shall be employed or suffered or permitted to work in any theater, concert hall, or place of amusement, or in any mercantile institu- tion, store, office, hotel, laundry, manufacturing establishment, packing house, bowling alley, passenger or freight elevator, factory, workshop, beet field or as a messenger or driver therefor, more than forty-eight hours in any one week, nor more than eight hours in any one day, nor before the hour of 6 o'clock in the morning, nor after the hour of 8 o'clock in the even- ing. Every employer shall post in a conspicuous place in every room where such children 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 furnished by the state commissioner of labor. 3585 Sec. 35. Penalty. Whoever employs a child under sixteen years of age and whoever, having under his control a child under such age, permits such child to be employed in violation of this article shall for each offense be fined not more than fifty dollars; and whoever continues to em- ploy any child in violation of either or any section of this article, after be- ing notified by a truant officer, or a deputy commissioner of labor, or mem- ber of the state board of inspection, shall for every day thereafter that such employment continues be fined not less than five dollars nor more than twenty dollars. The failure of an employer of child labor to produce, upon request of a person authorized to demand the same, any employment certifi- cate or list required by this article, shall be prima facie evidence of the illegal employment of any child whose employment certificate is not pro- duced or whose name is not listed. Any corporation or employer retaining employment certificates in violation of this article shall be fined ten dollars. Every person authorized or required to sign any certificate or statement prescribed by this article, or who knowingly certifies or makes oath to any material false statement therein or who violates any of the provisions of this article, shall be fined not to exceed fifty dollars. Every person, firm or corporation, agent or manager, superintendent or foreman of any person, firm or corporation who shall refuse admittance to any officer or person authorized to visit or inspect any premises or place of business under the provisions of this article and to produce all certificates and lists he may have, when demanded, after such person shall have announced his name and the office he holds and the purpose of his visit, or shall otherwise ob- struci-such officers in the performance of their duties as prescribed by this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding fifty dollars, or be imprisoned not to exceed thirty days. The presence of a child under sixteen years of age, apparently at work, in any of the places of business enumerated in this article, shall be prima 158 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. facie evidence of his employment therein. It shall be the duty of the deputy commissioner of labor and the several truant officers to enforce the provis- ions of this article, and every county attorney, when informed by any officer or person authorized to inspect places where child labor is employed, that any of the provisions of this article have been violated, shall file or cause to be filed information against the person or persons guilty of such offense and cause the arrest and prosecution of the same: Provided, noth- ing in this article shall prevent any other person from causing the enforce- ment of the provisions of this article. Truant officers shall visit the places of business enumerated in this article to ascertain whether any children are employed therein contrary to the provisions of this article, and they shall report any cases of such illegal employment to the commissioner of labor and to the county attorney. 3586 Sec. 36. Governor appoint board of inspectors. It is the duty of the governor to appoint five persons, two, at least, of whom shall be women who shall constitute the board of inspectors and who shall serve without compensation. The term for which such inspectors shall serve is hereby made one, two, three, four and five years respectively. The appoint- ment shall designate the term for which each inspector is appointed. The governor shall each year appoint one person to serve for a period of five years and shall also fill any vacancy on the board. The chairman shall be the executive head of the board and shall reside in the county employing the largest number of children under the age of sixteen years. Any member of the board of inspectors shall have power to demand the examination, by some regularly licensed physician to be selected by the board, of any child under sixteen years of age who may seem physically unable to perform the labor at which such child may be employed, and no child under sixteen shall be employed who cannot obtain a certificate of fitness from such physician. 3587 Sec. 37. Child not employed in place of danger. No child under the age of sixteen years shall be employed in any work which by reason of the nature of the work, or place of performance, is dangerous to life or limb, or in which its health may be injured or its morals may be de- praved. Any parent, guardian, or other person, who, having under his con- trol any child, causes or permits such child to work or be employed in viola- tion of this section, shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars, or be imprisoned not exceeding ten days. STATE CHILD WELFARE BUREAU. Section 1 . There is hereby established in the state department of public instruction a bureau to be known as the State Child Wel- fare Bureau. The Superintendent of Public Instruction is hereby authorized to provide sufficient quarters and equipment for the said bureau in the state department of education. Sec. 2. Within thirty days after this law goes into effect, the Governor shall appoint for a term of two years a director who shall have charge of the working organization of the State Child Welfare THE NEBRASKA SCHOOL LAWS 159 COMPILED BY K-B PRINTING CO., OMAHA. Bureau. The Governor shall likewise appoint for a period to term- inate May 11, 1921, a special investigating committee to be known as the "Children's Code Commission," which commission shall be an independent branch of the State Child Welfare Bureau, but shall be co-operative with all other workers in the Bureau. Said commission shall be composed of not less than five nor more than fifteen persons, residents of Nebraska, specially qualified by experi- ence and study to deal with the problems relating to child wel- fare in Nebraska. Any vacancy which may occur in said commission, by reason of death, resignation or otherwise, shall be filled by appointment by the Governor. The Director of the State Child Welfare Bureau may or may not be a member of the investigating commission. Sec. 3. The Director of the State Child Welfare Bureau shall have special training and knowledge of the principles underlying political and social welfare. He shall receive an annual compensa- tion of $2,400.00, together with necessary traveling expenses, not to exceed $800.00. Said Director shall have authority to organize, employ and secure such assistance, within the funds available through this act, as he deems necessary to carry out the purposes of this act. Sec. 4. The members of the Children's Code Commission shall receive no salary, except a secretary as herein provided, but may re- ceive actual traveling expenses while going to and in attendance upon the meetings of the commission within Nebraska, or other- wise exclusively engaged within said state upon the business of said commission. The commission shall choose one of its members as president, and shall have power to select a secretary from within or outside its membership. The secretary shall be paid a salary of not to exceed $150.00 per month. Stenographic and other assis- tance as necessary may be employed, within the appropriations available under this act. Sec. 5. It shall be the duty of the director who is in charge of the working organization of the State Child Welfare Bureau to organize, make rules and regulations for a supervised system of recreation, and to devise ways and means for securing and placing playground equipment in urban, village and rural communities, where needed. Said bureau shall keep a record of the birth of every child born in Nebraska, which informa- tion shall be secured from the State Department of Health. This and other records, shall be carefully preserved in the office of the State Child Welfare Bureau. The State Child Welfare Bureau shall endtaivor, in every way possible, to lessen and prevent penal trials and punishments of children. It shall assist in equalizing oppor- tunities for the children of Nebraska. It shall maintain a live child- ren's survey of the state. The bureau shall be a unifying agency, through which the state may co-operate with individuals and or- ganizations among all classes of people, on matters pertaining to 160 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. children's aid and benefit, and this bureau shall offer an avenue through which government agencies functioning in the interests of children may operate. No representative of the said bureau shall force its authority over and above the recognized head of any house- hold. Sec. 6. The Children's Code Commission of the Child Wel- fare Bureau shall make a careful study of the subject of child wel- fare with special reference to the problems presented in Nebraska, and as a part of its duties, shall investigate social and other condi- tions affecting child we If: ire in Nebraska, shall make a study of comparative legislation relating thereto, to point out, and make recommendations for removal of, inconsistent, obsolete, or other- wise undesirable laws, and recommend new legislation for promo- tion of child welfare in said state; and shall embody said recom- mendations and the results of said investigation in a written re- port to the Governor on December 1, 1920, which report the Govern- or shall transmit to the legislature next convening. Prefixed to such report shall be submitted a brief abstract, prepared by said com- mission, containing in condensed form the substance of the com- plete report. Not to exceed five thousand copies of said report shall be published and distributed by the commission, the expenses thereof to be paid out of the appropriation herein made. The rec- ord and reports of the Children's Code Commission shall be at all times available to the Director of the Child Welfare Bureau, and shall be filed premanently with other records and reports of the bureau. Sec. 7. The Children's Code Commission shall have free access to all books and records in the several departments of the state government and in the counties, cities, villages and school dis- tricts in this state including the books and records of all municipal, county and state institutions; and also to the books and records of all private agencies having the custody of or the placing out of children. The commission may call upon the Legislative Reference Bureau for room and any assistance which may properly be asked from that bureau. Sec. 8. There is hereby appropriated out of the general fund of the state of Nebraska the sum of $15,000.00 or so much thereof as may be necessary, for the payment of salaries and other expenses herein authorized, which shall be paid out upon presentation of vouchers approved by the Governor. One-half of the amount herein appropriated shall be available to the Director of the State Child Welfare Bureau for the work in his charge; one-half shall be avail- able to the Children's Code Commission for the discharge of their duties. House Roll No. 344, Session 1919. THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. 161 Criminal Code Chapter 9. ARTICLE III TOBACCO AND CIGARETTES. SECTION 8846. Minors smoking tobacco. 8847. Sale of tobacco to minors under 18. SECTION 8848. Cigarette material prohibited. 8846 Sec. 271. Minors smoking tobacco Whoever, being a minor under the age of eighteen years, shall smoke cigarettes, cigars or use tobacco in any form whatever, in this state, shall be fined in any sum not exceeeding ten dollars; Provided, any minor so charged with the violation of this section may be free from prosecution when he shall have furnished evidence for the conviction of the person or persons selling or giving him the cigarettes, cigars, or tobacco. 8847 Sec. 272. Sale of tobacco to minors under eighteen. Whoever shall sell, give or furnish, in any way any tobacco in any form whatever, or any cigarettes or cigarette paper, to any minor under eighteen years of age, shall be fined, for each offense, not less than twenty dollars nor more than fifty dollars or be imprisoned for not less than ten nor more than thirty days. 162 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. REGULATIONS FOR THE QUARANTINE, CARE AND DISINFECTION OF CONTAGIOUS DISEASES. (Excerpts From Rules Adopted by the Nebraska State Board of Health.) Contagious diseases. It shall be the duty of every physician residing or practising within the limits of any city, town or township who suspects an illness to be Asiatic cholera, yellow fever, smallpox (or varioloid), diphtheria (membranous croup), scarlet fever (scarlet rash or scarlatina), measles, typhus fever, ophthalmia neonatorum, typhoid fever, cerebro spinal menin- gitis, leprosy, whooping cough, chichenpox, tuberculosis, puerperal fever, or any other disease contagious or dangerous to public health, to immediately isolate the patient, and within twenty-four hours after he ascertains the illness to be of such disease named herein, he shall notify, by the most expe- dient method, the local board of health, of all the facts known to him, such notice to be followed by the filing of a notice in writing with the local board of health, giving the name of the patient, location, disease, source or cause. In all cases where no physician is in attendance, it shall be the duty of any person, having charge of, or being the head of any family, or having the care or custody of any lodging-rooms, to give notice in like manner as is required of physicians. Every school teacher or school officer who discovers, suspects, or has knowledge of a case of any of the diseases named herein shall immediately report the same to the local board of health; providing, in all the above where such local board of health is not organized, then such report shall be made to the state board of health in the manner hereinbefore prescribed. Duty of local board of health. It shall be the duty of the local board of health, upon receipt of a notice of the existence of a case of any of the dis- eases named in Rule 1, to forthwith quarantine the premises, by giving per- sonal or written notice of such quarantine to the occupants thereof and con- spicuously placing a Danger Card thereon; and take such further measures as may be necessary and proper for the restriction snd suppression of the disease; proper provision shall also be made for the care of the sick. No quarantine shall be established where the disease is measles, whoop- ing cough or chickenpox, but the premises shall be placarded with a danger card, and in cases of tuberculosis, typhoid fever, ophthalmia neonatorum, or puerperal fever the premises shall be neither quarantined nor placarded. The board shall notify the schools to receive no pupil from such placarded houses without a written permit from them, and when deemed necessary to obtain control and prevent further spread of an epidemic of contagious disease, as when several families in one neighborhood are afflicted and many exposures are known to have occurred, they shall prohibit all public assemblies such as lodges, clubs, churches, and schools, both public and private for a reasonable length of time or until such danger is passed. The board shall further establish a hospital for the segregation and care of contagious dis- eases when in their opinion the safety of the public demands it; or in cases of great emergency the board shall seize and use as such temporary hospital, any isolated building suitable for such occupancy, and adjust, or cause to be adjusted, reasonable damages with the owner thereof later; and it shall be THE NEBRASKA SCHOOL LAWS 163 COMPILED BY K-B PRINTING CO., OMAHA. the further duty of the local board of health to disinfect, or cause to be disin fected, the premises whereon all such contagious diseases have occurred together with all infected furniture, bedding, clothing and other articles according to the rules of the state board of health of the state of Nebraska, governing such disinfection. It shall also be the duty of the local board of health to investigate the causes, conditions and surroundings that may have caused such disease and during the prevalence of any such disease they shall make adequate report to the state board of health from time to time as to conditions, number of cases, and nature of such disease or diseases, and they shall call at any time for advice and assistance from the state board of health. During the existence of any quarantinable disease, in any family or household, or place, in any city, town, or township, and until after the re- covery of the sick and the disinfection of the premises where such disease shall have existed, no person residing in such household, family or place, shall be permitted to enter or leave the premises without a permit in writing from the local board of health showing a thorough disinfection of the person, cloth- ing and premises. School teachers who are boarding in a family in which such disease exists, must at once change their place of board and lodging and disinfect their person and clothing. Where the disease is chickenpox, measles or whooping cough the children shall be excluded from the public schools and other gatherings until recovery has taken place and the premises disinfected. If any person shall wilfully or maliciously remove or peface or cause to be removed or defaced any danger card upon any quarantined premises, or shall in any manner interfere with or break an established quarantine by en- tering or leaving such quarantined premises, or remove any article, clothing, or any other material, liable to be infected, without a permit from the local board of health, and proper disinfection, shall be subject to prosecution and fine as provided by the statutes of the state of Nebraska in such cases made and provided. Disinfection of schools. The state board of health makes it a rule and regulation that all school directors, trustees, principals and presidents of schools and colleges outside of cities in this state, for the protection of the health of all pupils and students, and of the entire community as well, pay prompt and regular attention to the disinfection of buildings used for educa- tional purposes immediately after the discovery of any communicable disease within said building. Each room should be disinfected separately. The room should be pre- pared by closing up all openings, such as windows, ventilators, registers, stove pipe holes and chimney places and hermetically sealing all cracks and crevices, as those around windows and doors and all keyholes. In short the room should be made as air tight as possible. All desks, drawers and closets should be opened wide and all articles exposed. Books must be stood up on end and widely opened. Rugs, mats and articles of clothing, if any, must be hund up on cords. The disinfecting may be accomplished by spraying with Liquor Formal- dehyde, U. S. P. or Formalin. Formaldehyde gas, however, is probably the best known aerial disin- 164 THE NEBRASKA SCHOOL LAWS COMPILED BY K-B PRINTING CO., OMAHA. fectant, and one of the most effective and economical methods of generating it is as follows: Ten ounces, by weight, of commercial potassium permanganate is re- quired for each pint and a half of the solution, full strength. This is sufficient to disinfect 1,000 cubic feet of air space. In using formaldehyde gas for room disinfection it should be remembered that the room should always be both warm and moist. The latter may be accomplished by sprinkling the floors well or by suspending wet sheets about the room. The following is the method: The crystals of permanganate of potassium are to be placed in a tin, agate or iron pail, the capacity of which is more than eight times the quantity of disinfectant to be used. This is necessary in order to prevent overflow from effervescence. Place the pail containing the crystals at the center of the room in a large pan with two blocks or bricks placed under the pail, as considerable heat will be developed. The room having been properly sealed with strips of rubber adhesive plaster or of gummed paper, quickly pour the solution of formaldehyde out of a wide mouthed vessel upon the crystals and leave the room with all possible speed. Then carefully seal up the door of exit on the outside; including the keyholes and crevises about the lock and door knob, and allow the room to remain closed at least six hours. Then open all doors and windows, to admit both fresh air and sunlight, and allow free ventilation to continue for six hours. At the same time privy vaults should be disinfected by throwing into them milk of lime made by adding one part of freshly slaked lime to four times its volume of water. This should be used as soon as made. For each pupil in attendance a half gallon of this mixture should be allowed. This preparation should not, however, be introduced into water closets, as it may obstruct the pipes. For this purpose a 5 per cent solution of carbolic acid or a 3 per cent solution of liquor formaldehyde U.S.P. or formalin maybe used. Care- ful attention should be given to the scrubbing and disinfection of coat closets. Clothes closets, desks, etc., except those made of metal, should be washed with a cloth wrung out of a posionous solution made by one-quarter of an ounce (120 grains) of corrosive sublimate bichloride of mercury in one gallon of hot water (1-500+). Metal fixtures may be treated in a similar manner, using a solution made by adding four (4) ounces of pure carbolic acid to a gallon of hot water (1-30-)- ) The balustrade of stairways and all knobs of doors should be wiped off daily with a cloth moistened with the formaldehyde or carbolic solution. In case of smallpox, vaccination and re-vaccination of the entire school should be performed at once. Only vaccine virus known to be active should be used in such an emergency. During the disinfection of school buildings the books should be strung on cords or stood on end with the leaves widely separated in a cloak room or closet where they will be subject to the vapor of concentrated formaldehyde gas. During the prevalence of communicable diseases pupils should not be permitted to take school books to their homes. Books known to have been taken to infected houses should be destroyed by burning. INDEX ACCOUNTS Page 1. City districts, audited by secretary 110 2. County superintendent, semi-annual statement 75 3. County treasurer, report to state treasurer 97 4. Director, audited by moderator and treasurer 42 5. Disputed accounts 35 6. Treasurer, district accounts 37 7. Trustees 50 AID State 1. Accredited high school designated to maintain agricultural depart- ment : 67 2. Associated rural schools designated to maintain agriculture, man- ual training, etc 54 3. Consolidated schools approved for agriculture, manual training, etc 15 4. County high school approved for agriculture, manual training, etc. . 64 5. High schools approved for normal training 66 6. Rural high school approved for agriculture, manual training, etc. . . 54 7. Weak districts 32 AGRICULTURE AND DOMESTIC SCIENCE IN HIGH SCHOOLS 67 ANNUAL MEETING, Time, Place 24 APPOINTMENTS BY 1. County superintendent 34 2. District officers '. 35-48 3. State superintendent 88 APPORTIONMENT OF STATE SCHOOL FUNDS 1. Basis of 97 2. By 1. County superintendent, record of 98 2. State superintendent, record of 98 3. Can be used only for teachers' wages 47 4. Constitutional provisions for 10 5. Fractional district, amount 99 6. Forfeiture of districts 98 7. Length of term required to share 30 8. New districts, when entitled to share 98 9. Warrant drawn by state auditor 98 APPRAISAL OF SITE FOR SCHOOL HOUSE; Costs 88 ARBITRATION OF DIVISION OF PROPERTY 22 ATTENDANCE 1. At nearer school 103 2. Compulsory 93 3. Violations and penalties 95 AUDITOR State 1. Duties 1. Detach interest coupons 136 2. Draw warrants for state apportionment 3. Examine records of state superintendent 87 4. Register district bonds 139 5. Require statement from state superintendent of apportionment of state school funds 98 165 166 INDEX Page BIBLE READING IN PUBLIC SCHOOLS 11 BLANKS 1. Furnished by 1. County superintendent 85 2. State superintendent 85 BOARD, SCHOOL 1. Duties and Powers 1. Appoint 1. To fill vacancies 35-47 2. Truant officers 95 2. Approve bond of treasurer 37 3. Arrange for instruction of pauper children 150 4. Borrow money 113 5. Cause enumeration or census 41-96-110 6. Classify scholars 44 7. Contract with neighboring district for instruction 105 8. Contract with teacher 39 9. Determine rate of tuition of non-residents 58 10. Discharge teacher 41 11. Dispose of property 31 12. Establish 1. Course of study 45 2. High school 49 13. Estimate levy or amount for general school purposes 28-144 14. Expel from school 45 15. Expend building fund 29 16. Fix salary of teacher 39 17. Grade scholars 44 18. Have care of property 47 19. Have general control and management of schools 44 20. Issue bonds 55 21. Make rules and regulations 44 22. May provide library 48 23. Pay district money 47 24. Permit use of school building for other purposes 47 25. Present statement at annual meeting of receipts and expendi- tures 42 26. Procure 1. Site and school house 28-46 2. Title to site 46 27. Provide for 1. Flag 100 2. Interest on bonds 137 3. Payment of district debts 29 4. Sinking fund 146-112 5. Transportation 105 28. Purchase 1. Books 90 2. Bonds before maturity 113 3. Lease or sell property 46 29. Refund bonds Ill 30. Report to 1 . County clerk free high school tax 58 2. County superintendent free high school tax 58 3. County clerk general tax, or amount voted 44 4. County superintendent general tax, or amount voted 44 31. Shall provide water-closets 48 32. Suspend pupils 45 33. Sue or be sued 31 2. Liable to district for moneys lost by failure to make reports 43 INDEX 167 BOARD, SCHOOL Continued Page 3. Members 1. Acceptance 34 2. Appointed when 34 3. Compensation 42 4. Establishment of special schools 96 5. Failure to qualify 34 6. Prohibition of school boards or members 48-111 7. Quorum 44 8. Removal -. 47 9. Resignation 47 10. Vacancies 35-47 4. Meetings 1 . Annual 24 2. Monthly 108 3. Quarterly 130 4. Special 24 5. Number of members 1. City district (Art. XXII) 107 2. County high school district 61 3. County rural school district 130 4. Primary (rural) school district (Art. Ill) 33 5. High school district (Art. VI) 49 6. Re-districting 13 7. Rural high school district 53 BOARD OF EDUCATION 115 BOARD OF EDUCATIONAL LANDS AND FUNDS 9 BOARD OF HEALTH, Rules of 162 BONDS 1. Compr'omise 136 2. District 137 1. Amount 1. City district (Art. XXII) 109 2. County high school district 63 3. County rural school district 133 4. Primary (rural) school district (Art. Ill) 136 5. High school district (Art. VI) 50 6. Re-districting 137 7. Rural high school district . 55 2. Description 138 3. Election, notices and required vote. . : 138 4. Payment 1. By whom 139 2. Where, how 140 5. Petition, number of signers 138 6. Registration by state auditor, certificate to county clerk 139 3. Official 1. County superintendent (See Statutes) 2. District treasurer 141 3. Publishers 91 4. Secretary of city board 109 4. Refunding 141 BOOKS, Text-books 1. Contract with publishers, form, violation 91 2. Ownership and use 92 3. Payment for 91 4. Price lists .91 5. Pupils may borrow or purchase 92 6. Trusts, school books 91 BOUNDARIES. See Districts, changes in boundaries 17 BUILDING FUND, maximum, petition, proceedings 29 168 INDEX CENSUS Page 1. Children transferred 103 2. Failure to take 43 3. Oath of person taking 41 4. Taken by whom, when 41-110 CERTIFICATES, how earned 1. By examination 1. County, kinds, branches, where valid, time, renewal 70 2. Professional, branches, where valid 70-77 2. By graduation. Institutions authorized to grant 1. Elementary state, (Second grade) time 70-78 2. First grade state, where valid, time 70-78 3. Holders of degrees, where valid, time 70-78 4. Professional state, where valid, time 70-78 5. Rural state, where valid, time 1. Elementary 70-78 2. First grade state 70-78 3. Professional state 70-78 3. Emergency by state superintendent, where valid, time 75 4. Permit by county superintendent, time 76 5. Under rules prescribed by state superintendent 75 1. City, where valid 1. Grades 74 2. High school 78 CERTIFICATES 1. Prohibitions 70-78 2. Renewal 70-75 3. Revocation 77 4. Lapsed 116 CHALLENGE AND OATH 26 CHARITIES AND CORRECTIONS 92 CHILD LABOR 152 CIGARETTES 161 CITIES, schools in 106 CLASSIFICATION OF SCHOLARS 44 CLOSING SCHOOL 40 COLLEGES AND UNIVERSITIES AUTHORIZED TO GRANT CERTIFICATES ... 80 COMMISSIONERS, COUNTY BOARD 21-24-28-29-50-111-139 COMMON SCHOOLS, Free 10 COMPULSORY EDUCATION 1. Officers 95 2. Requirements 93 3. Violations, penalties 95 CONDEMNATION OF SITE FOR SCHOOL HOUSE 88 CONSOLIDATION OF SCHOOL DISTRICTS 17 CONSOLIDATION FOR HIGH SCHOOL ONLY 13 CONTAGIOUS DISEASES 162 CONTRACT WITH 1. Teacher, previous contract 39 2. Neighboring district 105 3. Publishers of text-books 90 CONTRACT 1. Officer party to, prohibitions 48 2. Officer as teacher 35 CONVEYANCE OF DISTRICT PROPERTY. ...-.- 31 CORPORAL PUNISHMENT . . 46 INDEX 169 COUNTY BOARD, Duties and Powers Page 1. Appoint county superintendent 86 2. Appropriate money for teachers' institutes 75 3. -Assess taxes upon division of district 20 4. Establish county high school 61 5. Fix salary of county superintendent 84 6. Make levies for school purposes 28 7. Purchase tract of land for county high school 63 COUNTY CLERK, Duties 1. Change district boundaries 17 2. Levy taxes voted 44 3. Publish list of witness fees uncalled for 147 4. Notify state superintendent of election of county superintendent . . 83 5. Transfer taxes for attendance at nearer school 103 COUNTY HIGH SCHOOL 1. Establishment 61 2. Governing board 61 3. Rules, regulations 62 4. Tuition, free 63 5. When district property not taxed 63 COUNTY RURAL SCHOOL DISTRICT 128 COUNTY SUPERINTENDENT 1. Election 83 2. Qualifications 83 3. Salary 83 4. Term of office 83 5: Vacancy, how filled 86 6. Duties, and powers 1. Act as third officer in district 23 2. Act as truant officer 95 3. Act on committee to redistrict 13 4. Adjudicate difficulties of officers 35 5. Administer oath 85 6. Advertise and sell district property 21 7. Annex district to adjoining districts 18 8. Apply to court for writ of mandamus to compel officer to per- form duty 35 9. Appoint 1. Appraisers of school house site 88 2. District officers 34-47 10. Apportion 1. Forest reserve funds 99 2. State aid to weak districts 32 3. State funds to school districts, semi-annually 98 11. Certify to state superintendent number of districts entitled to share in state aid to weak districts 32 12. Change district boundaries 1. Discretionary 17 2. Obligatory, shall not refuse petition of two-thirds 18 13. Change map of district 18 14. Close up affairs of districts. Bond 23 15. Conduct teachers' institutes 84 16. Deliver estimate of free high school tuition 1. To county clerk 60 2. To director or secretary of board 59 17. Deliver notice of formation of new districts to taxable inhabi- tants 19 18. Determine site for school house 27 19. Divide district property 20 20. Draw orders on institute fund 82 170 INDEX COUNTY SUPERINTENDENT Continued Page 21. Examine 1. Teachers 76 2. District reports ^ 85 22. File- 1. Complaint against parents violating compulsory law 96 2. Petitions 19 3. Official bond (See Statutes) 23 23. Furnish 1. Course of study to districts 85 2. County treasurer certified copy of state apportionment 99 3. Director certificates of state apportionment 99 4. Questions of reviews to teachers 85 5. County treasurer certified copy of forest reserve apportion- ment 100 6. Records and blanks to district officers and scholars 85 24. Grant 1. County certificates . 70 2. Free high school tuition certificate 57 3. Permit to teach 76 25. Give notice to parents violating compulsory law 96 26. Make semi-annual statement to county board of all moneys in institute fund 75 27. Notify 1. County clerk of transfer of pupils 103 2. Director of transfer of pupils 103 3. District boards of reports due 86 4. Teachers and boards of institutes 82 28. Promote improvement of schools by lectures, etc 85 29. Receive all blanks and communications from state superin- tendent 85 30. Report 1. To county board sworn statement of mileage 84 2. To county clerk change in district boundary 22 3. To county treasurer change in district boundary 22 4. To district officers non-attendance of pupils 94 5. To state superintendent duplicate report of district boards. ... 85 6. To superintendent of school for blind, any pupils 86 7. To superintendent of school for deaf and dumb, any pupils. ... 86 8. To county treasurer change in tax list 22 9. To judge of court itemized statement of disposition of district property 23 31. Revoke certificates 77-82 32. Visit schools 85 COUNTY TREASURER, Duties 1. Collect fines and all moneys for school funds 44 2. Pay to district treasurer all moneys apportioned or collected 44 3. Pay to state treasurer all funds belonging to general school funds ... 97 4. Report to state auditor 97 5. Report to state treasurer 97 COURSES OF STUDY 1. High school district 45 2. Primary district (rural) (Art. Ill) 45 3. Rural high school 55 DEEDS. District property 31 DEPOSIT AND INVESTMENT OF PUBLIC FUNDS 113-146 DEPUTY STATE SUPERINTENDENT 88 DIPLOMAS 1. Granted by 116 2. Endorsed by 116 DIRECTORS 33 DISINFECTION.. ..163 INDEX 171 DISTRICTS, Formation, Bonds, Taxes, Etc. Page 1. Annual Meeting, time, place 24 2. Body corporate 17 3. Board, School, and all laws governing same 1. Duties and Powers and all laws pertaining to same 1. Appointing power 1. Tof fill vacancies 35-47 2. Truant officers 95 2. Approve bond of treasurer 37 3. Arrange for instruction of pauper-children 150 4. Borrowing money 113 5. Taking enumeration or census 41-96-110 6. Classification of scholars 44 7. Contracting with neighboring districts for instruction 105 8. Contracting with teacher 1. No relative contracted with to the fourth degree 39 9. Determine rate of tuition of non-residents 58 10. Discharging teacher 39-44 11. Disposition of school-property 31 12. Fixing course of study 45 13. Establishing high school 49 14. Estimating levy for general school purposes 28-44 15. Expulsion of students from school 45 16. Disbursement of building fund 29 17. Fixing salaries of teachers 39 18. Gradation of scholars 44 19. Taking care of school property 47 20. General control and school management 44 21. Issue bonds for school purposes 55 22. Make rules and regulations governing school 44 23. Provide for school library 48 24. Payment of all district moneys 47 25. Grant use of school building for other purposes than school ... 47 26. Responsible for annual statement of expenditures of school district 42 27. Procure site and title to school property 28-46 28. Provide for the following 1. Payment of district debts 29 2. Transportation of pupils 105 3. Purchase and erecting of flag and pole 100 4. Interest on bonds 137 5. Sinking fund 146-112 29. Make provisions for the following 1. Purchase of books 90 2. Purchase bonds before maturity 113 3. Leasing and selling property 46 30. See to the refunding of bonds Ill 31. Report the following items 1. Free high school tax to county clerk 58 2. Free high school tax to county superintendent 58 3. To county clerk general tax voted 44 4. To county superintendent general tax voted 44 4. Bonds and all things pertaining to bonds 1. Compromise bonds and their disposition 136 2. District bonds and their disposition 1. Amount voted 1. By city district. (Art. XXII) 109 2. By county high school district 63 3. County rural school district 133 4. Primary (rural) school district (Art. Ill) 136 5. High school district. (Art. VI) 30-50 6. Re-districting 137 172 INDEX DISTRICTS, Formation, Bonds, Taxes, etc. Continued Page 7. Rural high school district 55 2. Description of district bonds 138 3. Bond election and vote required, notices, etc 138 4. Payment of bonds 1. By whom 139 2. Where, when, how 140 5. Petition, number of signers necessary 138 6. Registration by state auditor and certificate of registration to county clerk 139 3. Official bonds necessary 1. County superintendent. (See Statutes) 23 2. District treasurer 141 3. Publishers 91 4. Secretary of city school board 109 4. Refunding bonds 141 5. Changing district boundaries 1. By annexation 17 2. Change on account of streams 19 3. Through consolidation 13 4. County rural school district 134 5. Change of boundary lines governing sections 1. two sections 19 2. Three sections 24 3. Four sections 19 4. Six sections 24 6. Change by division 1. Arbitration fees 22 6. Compulsory education, enforcement of 95 7. Legal definition of a school district 17 8. Law governing depopulated districts 23 9. Law governing elections 1. Annual elections 24 2. Bond elections 137 3. Special elections 24 10 Law governing failure to provide school 31 11. District funds 1. Funds apportioned by state 98 2. Building funds 29 3. Free high school funds 59 4. General funds 9-59-97 5. Library funds 48 6. Funds derived from licenses and fines 97 7. Teachers' fund, apportionment 21 8. Embezzlement of funds 99 9. Misuse of funds 99 12. Formation of districts 1. How county is divided into districts 17 2. Formation of new district 17 3. High school district containing more than 150 pupils 49 4. Formation of joint districts 23 5. Formation of rural high school districts 52 6. Formation of county rural school 128 13. Indebtedness of district 1. Bonded. Remains charge on original district 20 2. Compromise bonds to pay original indebtedness 136 3. Floating indebtedness 21 4. Unbonded. Considered in division of property 20 14. Meetings held 1. Annual meetings 24 2. Special meetings 24 INDEX 173 DISTRICTS, Formation, Bonds, Taxes, etc. Continued 15. Officers. (1) City districts. (Art. XXII)- Page 1. President. Term 1. Duties 1. Appoint all committees 109 2. Preside at all meetings 109 3. Sign all warrants 109 2. Vice-President. Term 1. Duties 1. To perform all duties of president 109 3. Secretary. Term 1. Duties 1. Audit accounts 109 2. Apply for and receive school funds from county treasurer . . . 109 3. Countersign all warrants 109 4. Deposit funds with state treasurer 109 5. Give bond 109 6. Keep accurate account 1C 7. Receive compensation 109 8. Take charge of books and documents 109 9. Take oath 109 4. Treasurer. Term 1. Duties 1. Attend meetings 109 2. City treasurer, ex-officio treasurer of school districts 109 3. File bond 109 4. Pay school moneys 109 5. Submit monthly report of finances 109 16. Officers. (2) County high school 1. Board of Regents, term, duties 61 2. County superintendent, secretary 62 3. County treasurer, treasurer 62 4. When district property not taxed 17. Officers. (3) County rural school district 1. President. Term. Duties 130 2. Vice-President. Term. Duties 130 3. Treasurer. Term. Duties 131 18. Officers. (4) Primary (rural) school district. (Art. III)- 1. Director. Term. Duties 1. Duties 1. Appear for district in suits .. 2. Approve 1. Teachers' reports 79 2. Treasurer's bond 37 3. Contract with teacher 39 4. Declare with moderator 1. Office of treasurer vacant 38 2. Additional bond of treasurer 38 5. Draw and sign orders on 1. County treasurer 42 2. District treasurer 42 6. File acceptance within ten days 34 7. Furnish for annual meeting, statement of assessed valua- tion 44 8. Give notice of annual and special meetings 42 9. Keep 1. Accurate account of expense as director 42 2. School house in repair 42 10. Make annual report to county superintendent within ten days, failure to 43 174 INDEX DISTRICTS, Formation, Bonds, Taxes, etc. Continued Page 11. Notify county superintendent 1. Of contract with teacher 39 2. When school begins 39 12. Present to annual meeting statement of all orders drawn 1. On district treasurer 42 2. On county treasury 42 13. Present to annual meeting itemized estimate of amount to be expended the ensuing year 42 14. Preserve books and papers of district 39 15. Provide appendages for school 42 16. Read minutes of annual meeting 42 17. Report to county superintendent violations of compulsory law 96 18. Require 1. Monthly report of teacher 79 2. Term summary of teacher .79 19. Shall 1. Be clerk of district meetings 39 2. Give notice of annual and special meetings 42 3. Record all proceedings 39 20. Take census and names of tax payers 41 2. Moderator. Term 1. Duties 1. Administer oath 36 2. Approve treasurer's bond 37 3. Countersign all orders and warrants 36 4. Contract with teacher 39 5. Demand with director additional bond of treasurer 38 6. File acceptance with director 34 7. Keep record of orders and warrants countersigned 42 8. Preside at district meetings 36 9. Remove disorderly persons from meeting 36 3. Treasurer. Term 1. Duties 1. Appear for district in suits 38 2. Apply for and receive district moneys from county treas- urer 37 3. Contract with teacher 39 4. File 1. Acceptance within ten days 34 2. Bond within ten days 37 5. Hand over to successor all books, money, etc 38 6. Notify holder of warrant of money for payment 144 7. Pay district money on presentation of orders 143 8. Present at annual meeting statement of receipts and dis- bursements 38 9. Record receipts and disbursements 38 10. Register unpaid warrants, failure 145 11. Shall not lend or use school moneys 37 12. Settle with district board at close of term 38 19. Officers. (5) High school district. (Art. VI)- 1. Trustees. Term 1. Duties 1. Appoint to fill vacancies 50 2. Classify and grade scholars 50 3. Determine 1. Qualifications for admission to school 50 2. Rate of tuition 50 3. Elect own officers 49 4. Employ teachers 50 5. Establish high school 50 INDEX 175 DISTRICTS, Formation, Bonds, Taxes, etc. Continued Page 6. Make rules and regulations 50 7. Prescribe course of study 50 8. Present 1. At annual meeting statement of receipts and expendi- tures 50 2. Estimate of amount necessary for the ensuing year 50 20. Officers. (6) Re-districting 1. Director. Term. Duties 15 2. Moderator. Term. Duties 15 3. Treasurer. Term. Duties 15 21. Officers. (7) Rural high school 1. Trustees. Term. Duties 53 22. Orders, District 1. Countersigned by moderator 37 2. Drawn by director 37 3. Paid by district treasurer, county treasurer 37 23. Organization 1. When duly organized by law 34 24. Text-books 1. Ownership of 92 25. Pupils 1. Age 10-41 2. Attendance at nearer school 103 3. Census 41-96 4. Compulsory attendance of pupils 93 5. Control of pupils 45 6. Expulsion or suspension of pupils 45 7. Free high school 56 8. Grading of pupils 44 9 Instruction in neighboring districts 105 10. Non-resident pupils 45-58 11. Purchase of books for pupils 92 12. Transportation of pupils 105 26. School attendance- 1. May attend nearer school 103 2. Attendance 1 . Compulsory 93 2. Violations, penalties 96 27. School month. 79 28. School year, beginning of 24 29. School house 1. Care of, custody of 47 2. Lease, purchase, site 21-46 30. State Aid 1. To accredited high schools designated to maintain agricultural department 67 2. To county high schools 64 3. To consolidated schools 15 4. To normal training schools .: ^6 5. To rural school associated with school designated to maintain agricultural department 54 6. To rural high school 54 7. To weak districts 32 8. To vocational schools. (House Roll No. 800 Law 1917) 119 31. Supplies school 92 32. Taxes, limit of levy for 1. General school purposes 1. City district. (Art. XXII) Ill 2. County high school 62 3. County rural school district, primary (rural) (Art. Ill) 131 4. Re-districting, high school (Art. VI) 50 176 INDEX DISTRICTS, Formation, Bonds, Taxes, etc. Continued Page 5. Rural high school 54 2. Building fund 29 3. Bonds 1. City district (Art. XXII) 109 2. County high school 63 3. County rural school district 133 4. Primary (rural) school (Art. Ill) 136 5. Re-districting 137 6. High school (Art. VI) 50 7. Rural high school district 55 4. High school tuition 58 33. Voters 1. Challenge 26 2. Legal residence 25 3. Oath 26 4. Perjury. 27 5. Qualifications 25 6. Duties and Powers 1. Adjourn for purpose of designation of school house site 27 2. Change of school house site 27 3. Determine length of school term 30 4. Direct 1. Purchase of lease of school house site 28 2. Sale of property 31 5. Elect officers 33 6. Give directions for expenditure of building fund 29 7. Locate school house site 27 8. Transfer funds 29 9. Vote tax for 1. Building fund 29 2. General school purposes 3. Free high school tuition 59 34. Warrants, district 1. Drawn 1. By director, countersigned by moderator 36 2. On: County treasurer; district treasurer A 2. Duplicate for lost warrant 3. Interest on warrant 148-143 4. Registration of warrant . . 1 5. Payment of warrant 143 ELECTIONS 1. Annual election, time, length of term, begins when 1. City district (Art. XXII) 107 2. County high school 64 3. County rural school district 128 4. Primary (rural) school (Art. Ill) 33 5. Re-districting 15 6. High school (Art. Ill) 49 7. Rural high school district 53 2. Bond 137 3. County superintendent 83 4. District officers 2 5. State superintendent 88 EPIDEMICS 39 EXAMINATION OF TEACHERS 75 FEES AND LAWS GOVERNING SAME 1. Examination of teachers, registration of certificates 70-76 2. Matriculation fees required of students on entering normal schools .117 3. Witness fees uncalled for. . . . 147 INDEX 177 Page FLAGS, requirement and use 102 FLAG DAYS 151 FINES AND LICENSES : 10 FIRE DAY 69 FIRE CHUTES OR TOBOGGANS 150 FOREIGN LANGUAGES, teaching of 103 FOREST RESERVE APPORTIONMENT 99 FREE HIGH SCHOOL TUITION 1. Application of parent before annual meeting 58 2. County superintendent report to director 59 3. District granting tuition liable to end of year 58 4. Exemption of district, when 59 5. Money, how paid 59 6. Neglect of 1. Annual meeting to vote tax 60 2. Board to deliver estimate 60 3. Parent to apply 59 7. No levy, when . 60 8. Pupils entitled to . 57 FREE HIGH SCHOOL PRIVILEGES, where 56 FREE TEXT-BOOKS 90 FUNDS, District 97 FUNDS, Institute 75 GOVERNOR MAY EXAMINE RECORDS OF STATE SUPERINTENDENT 88 HIGH SCHOOL, COUNTY 61 HIGH SCHOOL DISTRICTS 49 HIGH SCHOOL EDUCATION, FREE 56 HIGH SCHOOL REDEMPTION BONDS 141 HIGH SCHOOL, RURAL 52 HIGH SCHOOL RUSHING AND VIOLATIONS 106 HIRING TEACHERS 39 HOLIDAYS, legal in Nebraska 151 INDEBTEDNESS, District 20-136 INSTITUTE, TEACHERS 1. County or district 81 2. Failure to attend, penalty 82 3. Funds, from what, county superintendent's report of 82 4. School closed during 82 5. Time of holding 81 INSTRUCTION IN NEIGHBORING DISTRICT 105 INSTRUCTION, free in common schools 10 INTEREST 1. District bonds 137-139-148 2. District orders or warrants 148 INVESTMENT OF PUBLIC FUNDS 147 JOINT DISTRICTS. Fractional 1. Apportionment to 145 2. Formation of 22 3. Reports of 22 LANGUAGES, teaching of foreign 103 LEGAL RESIDENCE 250 LIBRARIES, SCHOOL 48 LIBRARY, COMMISSION 92 LIFE CERTIFICATES 70-75 MANDAMUS, writ of 35 178 INDEX MEETINGS Page 1. Annual, time, place, notice 1. Business that can be transacted only at annual meeting 1. Change of location of school house site 27-88 2. Change to board of six trustees 49 3. Determine amount for 1. Free high school tuition 58 2. General purposes 28 4. Determine length of term 30 5. Elect officers 33 2. Special, call, notices 1. Business that can be transacted either at annual or special meeting 1. Adjourn to designate school house site 27 2. Direct 1. Building, hiring, or purchase of school house site 28 2. Sale of district property 31 3. Prosecution or defense in which district is interested 31 4. Board to contract with neighboring district for instruction . . 105 3. Elect to fill vacancies 35 4. Transfer money 30 5. Vote building fund, bonds 29 MODERATOR 36 MONEY 1. Action to recover money loaned 38 2. Division of 21 MONTH, school 79 NARCOTICS AND STIMULANTS, teaching effects of 81 NON-RESIDENT PUPILS 45-58 NORMAL INSTITUTES 87 NORMAL TRAINING IN HIGH SCHOOLS 1. Amount appropriated for biennium 1. Payment how made 66 2. Inspection, expenses 66 3. Purpose of normal training 65 4. Requirements governing approval 65 5. Schools designated by state superintendent 65 NOTICES 1. County superintendent notify 1. County clerk of transfer 103 2. Director of transfer .-.-. 103 3. County clerk of change in district boundary 22 4. County treasurer of change in district boundary 22 5. County treasurer to change tax list 22 6. Director of number of pupils entitled to free high school 58 7. Taxable inhabitants of formation of new district 19 2. Director give notice of annual and special meetings 25-42 OATH. Official 1. Board members of city districts 108 OATHS 1. Administered by 1. County superintendent 85 2. Moderator 36 2. Of- 1. School board in regard to destruction of school house or in case of epidemic 30 2. County superintendent in making application for state aid to weak districts 32 3. Director on filing annual report 43 4. Parent or guardian to census enumerator 96 5. Person taking census 41 6. Voter when challenged 26 INDEX 179 OFFICERS. Term. Duties Paee 1. City district (Art. XXII) 107 2. County high school district 61 3. County rural school district 130 4. Primary (rural) school district (Art. Ill) .33 5. High school district. (Art. VI) 49 6. Re-districting 15 7. Rural high school district 53 ORDERS, District 1. Countersigned by moderator 36 2. Drawn by director 42 3. Paid by district treasurer, county treasurer 42 OUTHOUSES 48-163 PAUPER CHILDREN 150 PENALTIES 1. District treasurer for 1 . Misuse of school funds 99 2. Failure to register or pay warrants 144 2. False statement to census enumerator 96 3. Illegal voting 26 4. Rushing 106 5. Sale or giving away of cigarettes 161 6. Use of tobacco by minors 161 7. Violation of compulsory education law 94 PERMIT TO TEACH 76 PERMIT TO USE SCHOOL BUILDING FOR OTHER PURPOSES 47 PETITIONS 1. To allow officer to act as teacher 35 2. To call election to discontinue districts and organize into one rural school district 18 3. To consolidate districts 19 4. To create districts or change boundaries 17 5. To issue compromise bonds 136 6. To re-district 14 7. To unite for high school purposes 14 8. To vote bonds 138 PHYSIOLOGY AND HYGIENE 1. Provisions for teaching. 81 2. Teachers pass examination in 81 PRICE LISTS, TEXT-BOOKS 91 PROFESSIONAL CERTIFICATES 72 PROPERTY OF DISTRICTS 47 PUBLIC LIBRARY COMMISSION 92 PUPILS 1. Age 10-41 2. Attendance at nearer school 103 3. Census 41-96 4. Compulsory attendance 93 5. Control of 45 6. Expulsion or susnension 45 7. Free high school 56 8. Grading 44 9. Instruction in neighboring district 105 10. Non-resident tuition 45-58 11. Purchase of books 92 12. Transportation 105 QUARANTINE 162 QUORUM 1. Board of Education, city schools, (Art. XXII) 107 2. District Board (rural) (Art. Ill) 44 180 INDEX RECORDS OF Page 1. County superintendent 84 2. Director of district 39 3. Moderator of district 42 4. State superintendent 87 5. Sed^etary of Board of Education 109 RECOVERY UPON FORFEITED RECOGNIZANCE 149 REFORM SCHOOL 11 REFUNDING BONDS 141 REPAIRS 41 REPORTS OF 1. County superintendent 85 2. District officers 43 3. District treasurer 38 4. State superintendent 87 5. State treasurer 98 6. Teacher 79 RESIDENCE, LEGAL 25 REVOKE CERTIFICATE 77 RULES AND REGULATIONS 1. City school boards 107 2. District boards 24 3. High school board 49 4. State superintendent 88 RURAL HIGH SCHOOL 1. Established how 52 2. Expense of maintaining 54 3. Governing board, term 55 4. State aid to 54 5. Tuition of non-residents 55 RUSHING 106 SCHOLARS 44 SCHOOL FUNDS, District 9-59-97 SCHOOL HOUSE 1. Care of, custody of 47 2. Lease, purchase, site 21-46 SCHOOL HOUSE SITE 1. Condemnation and appraisal, costs 2. Deed for site on school land 28 3. Designated and changed 27 4. Title to 46 SCHOOL LAWS, printing, distribution 87 SCHOOL MONTH 79 SCHOOL YEAR, beginning of 24 SECRET FRATERNITIES 105 SECTARIAN INSTRUCTION PROHIBITED 10 SPECIAL MEETINGS 24 SPECIAL SCHOOLS 96 STATE AID To 1. Accredited high school designated to maintain agricultural depart- ment 67 2. Associated rural schools designated to maintain agricultural de- Dartment, manual training, etc 54 3. Consolidated schools approved for agriculture, manual training, etc 15 4. County high school approved for agriculture, manual training, etc. .' 64 5. High schools approved for normal training 66 6. Rural high school approved for agriculture, manual training, etc. . . 54 7. Weak districts 32 STATE N OHM AL SCHOOLS 115 INDEX 181 STATE SUPERINTENDENT Page 1. Election, term See statutes 2. Location of office 87 3. Vacancy, how filled 86 4. Duties and Powers 1. Appoint 1. Committees to assist in examinations 76 2. Deputy 88 3. Inspector of agricultural training 69 2. Apportionment of 1. Funds to county superintendents semi-annually 88 2. Forest reserve funds 99 3. State Aid. See State Aid 32-54-64 3. Approve for agriculture, etc. 1. Accredited high school 67 2. Associated rural schools 54 3. Consolidated rural school 15 4. County high school 64 5. Rural high school 52 4. Approve 1. Bond of publishers of text-books 2. High school for normal training 65 5. Cause annual report to be printed 6. Countersign certificates of graduates 80 7. Decide disputed points in school law 87 8. Designate normal training schools 65 9. Distribute copies of annual report 10. Examine teachers 85 11. Inspect institutions authorized to grant certificates 66 12. Keep all books and papers pertaining to office 13. Make sworn statement to county superintendent of prices of text-books 91 14. Mark and file examination papers 15. Organize teachers' institutes 87 16. Prepare 1. Examination questions 75 2. Form of contract between school board and publishers of text-books 91 17. Prescribe 1. Admission to normal training schools, course rules 65 2. Course of study for first eight grades 3. Course -of study for high school 50 4. Course of study for rural high school 5. Forms for reports, etc 6. Rules for teachers' examinations 75 18. Publish school laws 87 19. Report to governor annually 20. Renew lapsed certificates 21. Revoke certificates 77 22. Supervise inspection of normal training high schools 65 23. Transmit to county superintendents standings of examinations . . 76 24. Visit schools 88 STATE TREASURER 1 . Custodian of funds appropriated under House Roll 800, 1917 119 2. Member of board of educational lands and funds 3. Semi-annual statement to state superintendent SUITS AT LAW 1. District meeting district 31 2. Treasurer appear for district SUPPLIES OF COUNTY SUPERINTENDENT 1. Paid out of general fund 85 SUPPLIES SCHOOL . . 92 182 INDEX TAXES Page 1. Estimates voted at annual meeting, special meeting 28 2. Limit of levy for 1. Bonds 1. City district (Art. XXII) 109 2. County high school 63 3. County rural school district 133 4. Primary (rural) school (Art. Ill) 136 5. Re-districting 137 6. High school (Art. VI) 50 7. Rural high school district 55 2. Building fund 29 3. General school purposes 1. City school district (Art. XXII) 112 2. County high school 63 3. County rural school district, primary (rural) (Art. Ill) 133 4. Re-districting, High School (Art. VI) 50 5. Rural high school district 55 4. High school tuition 58 3. Lists adjusted by county treasurer 22 4. Paid to district treasurer on order of director, countersigned by moderator 37 TEACHERS CERTIFICATES 1. City, regulations, where required 74 2. County, grades, branches, time renewal 70 3. State, where valid 1. Elementary, second grade, time 70 2. First grade, time 70 3. Professional, time 70 TEACHERS CERTIFICATES REVOKED . 77 TEACHERS 1. Duties 1. Attend institute, refusal, fee 82 2. Make monthly report to director 79 3. May make up lost time on Saturday 41 4. Not entitled to pay in full until term summary is approved by director 79 5. Register certificate before beginning to teach 70-76 2. Qualifications defined 78 TERM, SCHOOL 1. Determined by district at annual meeting 30 2. Necessary to entitle district to share in apportionment 30 TEXT-BOOKS 91 TRANSFER OF FUNDS 29 TRANSFER OF PUPILS FOR SCHOOL PRIVILEGES 103 TRANSPORTATION OF PUPILS FOR SCHOOL PRIVILEGES 1. Consolidated districts 105 2. Adjoining districts 105 TRUANT OFFICERS, who 95 TRUSTS, Text-books 91 TUITION 1. Free high school 58 2. Non-resident pupils 58 3. Pauper children 150 UNIVERSITY. . 10 INDEX 183 VACANCIES IN OFFICE Page 1. County superintendent, how filled 2. School boards, how filled 85 1. City district (Art. XXII) 110 2. County high school 61 3. County rural school district 131 4. Primary (rural) district (Art. Ill) 35 5. High school district (Art. VI) 49 6. Re-districting 15 7. Rural high school 53 VALUATION OF TAXABLE PROPERTY 44 VOCATIONAL EDUCATION. House Roll No. 800. Laws, 1917 1. Appropriation 119 2. Board, duties 119 3. Custodian of funds, state treasurer 119 VOTERS 1. Challenge 26 2. Legal residence 25 3. Oath 26 4. Perjury 27 5. Qualifications 25 6. Duties and Powers 1. Adjourn for purpose of designating school house site 27 2. Change school house site 27 3. Determine length of school term 30 4. Direct 1. Purchase or lease of school house site 28 2. Sale of property 31 5. Elect officers ! 33 6. Give directions for expenditure of building fund 29 7. Locate school house site 27 8. Transfer funds 29 9. Vote tax for 1. Building fund 29 2. General school purposes 28 3. Free high school tuition 59 WARRANTS OR ORDERS DISTRICT 1. Drawn 1. By director countersigned by moderator 36 2. On 1 . County treasurer 42 2. District treasurer 42 2. Duplicate for lost 145 3. Interest 143-148 4. Registration 144 5. Payment 143 WARRANTS STATE 1. Drawn by auditor on state treasurer 66 2. For apportionment to various counties 98 3. For normal training 66 184 INDEX NEW SCHOOL LAWS Page H. R. 190 Aggregate school tax fifty mills 113 H. R. 207 Annual payment on school district building warrants 29 H. R. 321 Bond levy Repealed by 559 H. R. 246 County Suoerintendent's Salary 83 H. R. 344 Child welfare commission and bureau 158 H. R. 384 Exhibits of county school work 101 H. R. 143 Filing duplicate copies of census 154 H. R. 191 Interest on school warrants 143 H. R. 64 Private and parochial schools 93 H. R. 115 Religious dress or garb prohibited in public schools 39 H. R. 559 School districts may vote and issue bonds up to twenty per cent of their assessed valuation 138 H. R. 217 School tax for building fund 50 H. R. 268 Special instructor for Normal Training 66 H. R. 199 Teachers to draw salaries during epidemics 39 H. R. 106 Teachers must be native born or naturalized 83 H. R. 69 Transportation for school children 105 H. R. 293 Vocational schools; establishment 120 S. F. 261 Districting of school districts for high and consolidated schools 13 S. F. 93 Examination of school children for defective sight, hearing or teeth 100 S. F. 85 Free high school tuition requirements 56-58 S. F. 24 Foreign language in schools 103 S. F. 48 Free high school tuition 56 S. F. 260 Highways to and from rural schools 55 S. F. 192 Method of condemnation for school purposes 88 S. F. 49 Qualifications for school electors 25 S. F. 189 Qualifications of State Superintendent 88 S. F. 110 Regents of county high schools may employ superin- tendent 62 S. F. 73 Rural course of study 45 S. F. 158 Rural portion of metropolitan school districts may have tax levy extended on county tax list 114 S. F. 70 Relative to bonds or special warrants 112 S. F. 82 School districts may borrow money 113 S. F. 180 Teachers certificates.. . 70 rC 06574 452310 V *<^ UNIVERSITY QF CALIFORNIA LIBRARY