D UC-NRLF %2.<5J29 /$// b m sds mo =^i GIFT OF Laws of Minnesota Relating to the Public School System Including the State Normal Schools and the University of Minnesota Prepared Under the Direction of C. G. SCHULZ Superintendent of Public Instruction By C. S. JELLEY of the Minneapolis Bar 1911 SYNDICATE PRINTING CO. Minneapolis, Minn. Laws of Minnesota Relating to the ■ Public School System Including the State Normal Schools and the University of Minnesota Prepared Under the Direction of C. G. SCHULZ Superintendent of Public Instruction By C. S. JELLEY of the Minneapolis Bar ■ :, : , , > I 1911 SYNDICATE PRINTING CO. Minneapolis, Minn. - - 'A [A EXPLANATORY PREFACE In this compilation will be found all general laws of Minnesota now in force relating to education. The Revised Laws of 1905 are taken as the basis, and to them are added all subsequent laws and amendments. The laws are arranged by subjects, the sections are numbered consecu- tively, and the index refers to the subjects by sections. At the foot of each section is given the number of the section of the Revised Laws, or the chap- ter and year of the subsequent session laws from which the section is de- rived. Following the sections will be found annotations in small type giving the substance of decisions of the Supreme Court and opinions of the Attor- ney General. The references, such as 43 M. 312, are to the volume and page of the Minnesota Supreme Court Reports, regular edition, and the references, such as (Gil. 352) added, are to the Gilfillan edition of the Supreme Court Reports. References such as "Young page 187," or "Simp- son January 11, 1910," are to the name of the Attorney General who gave the opinion, and the page of the Attorney General's Report where the opinion may be found, or the date thereof, as the case may be. 247900 CONTENTS Subject. Sections. School Districts 1-30 School Meetings 31-39 Boards and Officers 40-70 Depositories for School District Moneys. 71-74 Bonds 75-8'3 Actions 84-86 Judgments 87-90 Penalties 91-103 Funds and Apportionments 104-109 Taxes 110-116 ^ State Aid to Schools 117-143 The Public Schools 144-158 Text Books and Libraries 159-176 Compulsory Education — Child Labor .... 177-200 Superintendents 201-230 High School Board 231-238 Tea-chers 239-249 Examinations and Certificates 250-278 State University 279-324 Normal Schools 325-335 Miscellaneous Provisions 336-360 Retirement Fund Associations 361-369 Powers of Boards of Education in Cities cf Fifty Thousand Inhabitants or More. 370-3S0 Schcol Boards in Unorganized Territory. 381-402 Page 7 Chapter. 1. 17 Chapter n. 22 Chapter in. 38 Chapter IV. 39 Chapter v. 41 Chapter VI. 41 Chapter VII. 42 Chapter VIII. 45 Chapter IX. 47 Chapter X. 48 Chapter XI. 55 Chapter XII. 59 Chapter XIII. 64 Chapter XIV. 71 Chapter XV. 77 Chapter XVI. 79 Chapter XVII. 83 Chapter XVIII. 88 Chapter XIX. 9S Chapter XX. 100 Chapter XXI. 10C Chapter XXII. 108 Chapter XXIII. 111 Chapter XXIV. CHAPTER I. SCHOOL DISTRICTS. 1. School districts — For school purposes the state is divided into com- mon, special, and independent school districts, each of which shall be a public corporation. Common school districts shall be numbered consecu- tively in each county, and each shall be known as school district No of county. A district, when situate in two or more counties, shall be known as joint school district No of and counties. Independent school districts shall be known by the names or numbers given them at their organization. (1280) The legislature has full power to legislate as to school districts under article II, sec. 3. State Constitution.— 27 M. 38. School districts are corporations with limited powers; and the duties of the trustees or board are public and administrative only. They are not liable to in- dividuals for neglect or nonfeasance. — 49 M. 106. When a school district has acted as such, has borrowed money, issued bonds, voted taxes, and been dealt with by the state as a district, both it and the state are estopped to question its legal organization. — 85 M. 230. When a district has exercised the franchises and privileges of a district for one year, there is a conclusive presumption in the nature of a statute of limitation that it is legally organized. — 54 M. 203. Organized school districts are public corporations, with certain restricted powers; hence, sometimes called quasi corporations. — Wilson, p. 289. While school districts are not municipal corporations, inasmuch as the term "municipal," strictly speaking, is applied only to incorporated villages, towns and cities, yet both are public corporations. — Wilson, p. 289. Those entitled to admission to the public schools are (1) the children of the actual residents in the district; and (2) all other persons between the ages of five and twenty-one who may be in good faith living in the district. If the parents are in good faith 'living in the district, although temporarily, the children would be entitled to admission to the school. — Wilson, p. 396. In the matter of residence very much depends upon the intention, and the intention can only be gathered from the acts and avowed purposes of the party. It is impossible to give definite instructions upon this point. — Wilson, p. 372 In regard to scholars domiciled out of the district, the board of trustees have the sole power of determining whether they shall be admitted to the schools of such district, and the terms on which they may attend. — Cornell, p. 256. Whether a minor whose parents reside in another part of the state has a right to attend school in your district depends upon whether said minor is a resident of your district. — Colville, p. 235. Residence acquired by students in attendance upon any seminary of learning, or by inmates of any charitable institution, or of a public prison for reformation or punishment, is not of such character as to give the right to attend the district school of the place, or to be enrolled for apportionment in such district. — Cornell, p. 257. While a parent could not. for the colorable purpose of evading the law, send his children to board in another district for the mere object of attending school, I entertain no doubt that a scholar actually and in good faith domiciled in the district would be entitled to the* benefits of the school without regard to the resi- dence of his parents. — Cole, p. 106. The organization of a district, or the validity of the acts of its officers, is not vitiated by neglect of the officers elected to file acceptance of office.— r-Cole, p. 117. Special districts should be known and designated by the name of their incorpora- tion and a number is not required by law. — Dougles, July 13, 1901. 2. Formation of districts — A majority of the freeholders qualified to vote for school officers residing upon any territory not less than four sec- tions in extent, and in which reside not less than twelve children of school age, whether or not such territory be in whole or in part included in any existing common, independent, or special school district, may petition the 8 SCHOOL DISTRICTS. county beard of the proper county to make such territory a school district, common or independent. (1281) A petitioner, after signing a remonstrance, cannot be claimed as a petitioner. — Hahn. May 29. 18S6. The revised statutes provide that a petition for the alteration of a school dis- trict, the territory of which lies in two counties, shall be presented to the board of county commissioners of each county, of course, for their concurrent action. It is therefore necessary that the proposed alteration shall be agreed to by each of the boards before it can take effect. — Colvllle, p. 239. A married woman is not a freeholder because her husband is such, nor is the husband a freeholder because the wife is such. — Wilson, p. 345. 3. The petitions shall contain: 1. A correct description of the territory to be included in such pro- posed district. 2. The number of persons residing therein. 3. The names and ages of all children of school age residing therein, and the existing district in which each such child lives. 4. The districts in which such territory lies, and the number of such children in each such district. 5. The reasons for the formation of the proposed district. Such petitions shall be acknowledged by the petitioners and submitted to the county superintendent, and if he shall approve of the same he shall endorse such approval in writing upon said petition, stating his reasons therefor; and if he shall disapprove of same he shall indorse thereon in writing his reasons for such disapproval. (1282, as amended by Chap. 110, Laws 1907.) A person signing a petition for the creation of a school district may withdraw his signature therefrom by the signing of a remonstrance or otherwise. — Childs, July 28, 1893. The board of county commissioners may permit the amendment of a petition for the formation of a school district when such amendment is assented to in writing by all of the persons signing the same. — Childs, Dec. 21, 1S94. 4. Notice of hearing — Upon the presentation of such petition, the county board shall appoint a time and place for hearing thereon, and shall cause two weeks' published notice thereof to be given in the county, and ten days' posted notice in each district affected. Such notice shall also be served on the clerk of each district, by mail, at least ten days before the time set for hearing, and the auditor's certificate shall be proof of the mail- ing. (1283) 5. Proceedings on hearing — At the hearing the board shall receive any evidence and consider any arguments for and against such proposed organ- ization, and shall make an order either granting or denying the petition; and, if the petition be granted, the order shall particularly describe the dis- trict, state its name or number, shall be signed by the chairman, and attested and filed with the auditor, who shall mail to the clerk of each dis- trict affected a copy thereof, and shall cause ten days' posted notice to be given of a meeting to organize such district. The board may adjourn the hearing from time to time, and, upon the recommendation or with the writ- ten approval of the county superintendent, enlarge or change the boundaries proposed in the petition. (1284) When a petition signed by a majority of the resident freeholders is presented to the county board, jurisdiction is not lost by reason of the fact that after the petition was signed the number of resident freeholders increased so that at the date of hearing the signers constituted less than a majority. — 89 M. 351. SCHOOL DISTRICTS. 9 A petition for the formation of a new school district should be presented to the county superintendent, and it is his duty to either approve or disapprove the same in writing', giving his reasons for his action in either event, before the same is presented to the county commissioners. — Simpson, Jan. 12, 1910. 6. Setting off land to an adjoining district — When any freeholder shall present to the board of any county a petition verified by him, stating that he owns land in such county adjoining any district therein, or separated therefrom by not more than one quarter section, and that such intervening land is vacant and unoccupied, or that its 0\\ 7 ner is unknown, and that he desires his said land, together with such, intervening land, set off to such adjoining district, and his reasons for asking such change, the board, upon notice and hearing as in other cases, and upon proof of the allegations of the petition, may make its order granting the same, and like notice of such change shall be given as in other cases. (1301) 7. Districts to be composed of adjoining territory — All districts shall be composed of adjoining territory, and any part of a district not so situated, and not containing a school house used as such, shall be by the county board, upon notice as in other cases, attached to a proper district. (1302) 8. Plats and description of districts — The county auditor shall keep in his office books containing a correct plat and description of each district organized, whether wholly or partly in his county. (1303) 9. Appeal from Order — Any person aggrieved may appeal from such order to the district court of the county upon the following grounds: (1) That the county board had no jurisdiction to act. (2) That it has exceeded its jurisdiction. (3) That its action is against the best interests of the territory af- fected. Such appeal shall be taken by serving upon the county auditor within thirty days from the making of the order a notice of appeal, specifying the grounds thereof. The appellant shall also execute and deliver to the auditor a bond to the county in the sum of one hundred dollars, to be approved by the county auditor, conditioned for the payment of all costs taxed against the appellant on such appeal. Such further proceedings shall be had upon such appeal as upon other appeals from the county board. (1285) The county board, as the representatives of the public, to whom is entrusted the matter of' forming school districts, may appeal from an order of the district court reversing its action. — 43 M. 312. When boards of county commissioners have acted upon a petition to organize a new school district out of parts of other districts lying in different counties, appeal may be taken by any qualified person residing in any part of the proposed new district, to the district court of any county in which is located any part of the new territory; and when an appeal is thus perfected that court acquires jurisdic- tion of the subject-matter, and the county commissioners of the other counties have no interest therein. — P.loomquist vs. County of Washington, 101 M. 163. Although the minutes of the county board did not state the precise question acted upon, it not appearing that the board lost jurisdiction after receiving the petition, by failing to cause the proper notices to be published and posted, it will be presumed that the board retained jurisdiction, considered the petition on its merits, and denied the same on the ground appealed from, viz., that it was not in accord with ihe best interests of the inhabitants of the proposed new district. — Bloomquist vs. County of Washington, 101 M. 163. Where the countv board has granted a petition for dividing a school district, and an appeal has been taken to the district court, the money in the hands of the district treasurer, which has been apportioned by the county commissioners to the new district, the treasurer, for his own protection, should retain and decline to pay over the same until the legality of the proceedings has been determined by the court.— Simpson, Sept. 17, 1909. 10 SCHOOL. DISTRICTS. 10. Change of School District boundary lines — In villages or cities of not more than 7,000 inhabitants — Proceedings, how commenced — Right of appeal — By like proceedings, and upon petition of the. majority of the free- holders of each district affected, qualified to vote at school meetings, the boundaries of any existing district may be changed, or two or more districts consolidated, or one or more districts annexed to an existing district. No change in the boundaries of a district by organization of a new district or otherwise shall be made so as to leave the old district without at least one school house used for school purposes, nor shall any change of districts in any way affect the liabilities of the territory so changed upon any bond or other obligation; but any such real estate shall be taxed for such outstand- ing liability and interest, as if no change had been made. In case of the consolidation or annexation of districts, whether under the foregoing or any other provisions of the law, action shall be brought by or against the new or remaining district upon any cause existing in favor of or against any dis- continued district, but a judgment in such action against such existing dis- trict shall be satisfied only from taxes upon the real property included in the discontinued district when the liability was incurred. Provided, that when any incorporated borough, village or city of not more than seven thousand inhabitants is already or partly included within the boundaries of any such common school district, or whenever any such common school district shall include within or partly within its boundaries any incorporated borough, village or city of not more than seven thousand inhabitants, the boundaries of such school districts may be enlarged so as to include all lands within the corporate limits of said borough, city or village, or so as to include lands within and outside of such incorporated borough, village or city, but lying contiguous to said district in the follow- ing manner, to-wit. Whenever a majority of the legal voters residing within such school dis- trict shall petition the board of county commissioners of the county wherein such district is situated for an enlargement of such district, and shall file a petition with the auditor of said county, it shall be the duty of the board of county commissioners, at its next regular meeting, or special meeting, to set a time and place for hearing upon such petition, and it shall cause a copy of the notice of such hearing to be posted in some public place in each district to be affected by such proposed change, and a copy thereof to be served upon the clerk of each of said districts at least ten (10) days before the time appointed for such hearing. The posting of such copy of notice shall be proven by the affidavit of the person posting the same; said affidavit shall state the time and place of posting and serving of the copy of notice as herein specified, and upon filing proof of the posting and serving of such notice in the office of the county auditor, the board of county commissioners shall at the time and place fixed proceed with the consideration of such mat- ter and shall hear all evidence offered by any person interested tending to show what territory should be included within such district; and, having heard the evidence, they shall, if they find it conducive to the good of the inhabitants of the territory affected, proceed to enlarge the said school district .as asked for in the petition, and to fix the boundaries thereof and of all the remaining school districts thereby affected, attaching to or detach- ing contiguous territory to or from any of such districts, in such manner SCHOOL. DISTRICTS. 11 as in their judgment the best interests of the persons and districts thereby affected may require. Provided, that no action or order changing any boundaries of any school district shall be valid unless and until the fore- going requirements as to posting and serving of notices have been observed; and provided further, that whenever the territory affected by any of the foregoing proceedings lies in two or more counties, like proceedings shall be had in each county affected, and no order in such proceeding shall be valid unless concurred in by the county boards of all such counties affected. At the time of making such division, enlargement or change of bounda- ries, the county commissioners shall apportion to the district so enlarged that portion of the debts of said other districts as may seem to them right and proper, and said apportionment when so made shall be binding upon all the districts affected, and the county commissioners may also apportion to said districts so enlarged such portion of the property of such other districts as shall seem to them just and proper. Said last mentioned apportionment shall be subject to review by the district court. And provided, further, that any person or officer of any school district aggrieved by any order of the county board made pursuant to the provisions of this section may appeal to the district court from such order, such appeal to be governed by the provisions of Section 1285, Revised Laws 1905. (Sec- tion 1286, R. L. 1905, as amended by chap. 188, G. L. 1907, as amended by chap. 13, G. L. 1909, as amended by chap. 264, G. L. 1911.) If a part of a district is separated from it by annexation to another, or by the erection of a new district, the old district still retains all its property and is responsible for all its debts, unless some other provision is made by the act authorizing the separation. — 40 M. 13. Divisions and awards of moneys, funds, etc., made by the county board, are governed by the rules applicable to other awards. Technical precision is not re- quired, but there must be no uncertainty as to intention. — 67 M. 402. Upon a division of a district, the county board cannot abrogate nor modify contracts of the old district; but should make an order fixing the liability arising out of such contracts. The old district is liable on contracts entered into prior to division, unless the county board provide otherwise. — Young, page 201. An old district, out of a part of which a new district has been formed cannot afterwards vote a tax upon the new district to pay bonds issued prior 'to such division; but in case of failure of the new district to levy its share of the tax the county auditor, under Sec. 787, R. L., may levy its proportionate share and extend it on the tax lists. Such tax should be levied upon both real and personal property — Young, page 183. A tax levied, but not collected, before the division is subject to distribution Childs, June 29, 1894. Upon division of a school district moneys on hand raised for the purpose of building a school house are subject to division. — Childs, Sept. 18, 1893. 11. Division of funds where new school districts are formed — That when- ever the boundaries of any school district are changed, or when a school district is formed from territory comprising two or more districts, or wlun. any school district is divided, the county board shall make a division of all moneys, funds and credits belonging to such districts and shall make an award of such moneys, funds and credits to the district or districts affected by such change, and in making such award the commissioners shall take into consideration the indebtedness, if any, of the district so divided and shall make such division as they deem just and equitable. (Chap. 109, Laws 1907.) Where a school district has voted upon and carried the proposition to issue bonds, and procures a loan from the state for the purpose of building a school house, and such money has been received from the state, and thereaafter the school district is divided, a new district being formed out of part thereof the money so received and in the treasury of the district at the time of the formation of the new district, should be taken into consideration by the county commission 12 SCHOOL. DISTRICTS. ers, in making the apportionment of funds and credits, as provided by law. — Simpson, Jan. 11, 1910. At the time of making- the order for the formation of a new district, the county commissioners should arrange for a division of the funds and credits between the school districts affected by such order, upon an equitable basis, but if the division is not made at that time, it can be made at a later meeting of the board, although the safer course is as first stated. It is not necessary for the petition for the forma- tion of a new school district to call for a division of the funds; such a division is provided bv law. — Simpson, June 24, 1909. "When the county board has made an order detaching territory from a school district, as orovided by Chapter 13, G. L. 1909, and an appeal has been taken from the order of the district court, and the matter is pending there, such appeal sus- pends the operation of the order, and until it is determined the status of the terri- tory in question remains the same as though no order had been entered, and is taxable in the old district.— Simpson, Nov. 8, 1909. After a new school district is organized, pupils within the territory comprising such new district are supposed to attend school in that district. If they attend in the old district, it will be competent for the old school board to require payment of tuition. There is no provision of law to the effect that upon such division the scholars whose residence is within the new district may attend school in the old district to the end of the current year. — Simpson, May 5, 1910. 12. Duties of county auditor — When a school district has been formed from, territory comprising two or more districts, or where a school district has been divided and the county board has, by resolution, made a division of the moneys, funds and credits belonging to such districts, the auditor of the county shall be required to make a division of all the moneys, funds and credits evidenced by the records in his office pursuant to and as required by said resolution. (Chap. 109, Laws 1907.) 13. Districts in two or more counties — Whenever the territory affected by any of the foregoing proceedings lies in two or more counties, like pro- ceedings shall be had in each county affected, and no order in such proceed- ings shall be valid unless concurred in by the county boards of all such counties. (1287) 14. Nominal districts — Any district in which for two years no school has been held may be dissolved by the county board, and its territory at- tached to one or more existing districts, upon notice as in other cases of change of boundaries, in the most equitable manner possible, and with re- gard to the convenience of the inhabitants; and any funds belonging to such dissolved district after the payment of its debts shall be distributed among such districts by the auditor in proportion to the assessed value of the real property so attached to each. (1288) 15. Change of common or special to independent districts — Any com- mon or special district may be changed to an independent district as here- inafter provided; but no independent district, unless it comprise an entire township or municipality, shall be formed, containing less than five hun- dred inhabitants. (1295) A common school district may organize as an independent one at a special meeting; and if the board, prior to re-organization, has entered into contracts with teachers, such contracts are valid, and the district will be bound to pay such teachers for five months from the date specified in the contracts as the date when the school shall commence. — Young, page 195. 16. Notice of meeting — To effect such change, ten days' posted notice of a meeting shall be given, signed by six or more resident freeholders, stat- ing the object of the meeting, and notifying the voters of said district to assemble upon a specified day, at a place in said district named in said no- tice, then and there to vote by ballot upon the question of organization as an independent district. (1296) SCHOOL, DISTRICTS. 13 17. Vote upon change — At the time and place mentioned in said notice, the electors assembled shall appoint a chairman, assistant chairman, and clerk, who shall be the judges of such election. The voting shall be by bal- lot, and those favoring such change shall write upon their ballots, "Inde- pendent district — Yes," and those against, "Independent district — No." (1297) Women have a right to vote on the question of change from common to inde- pendent school districts, and on all questions involving the interests of the dis- trict. — Donahower, page 132. 18. Meeting to elect officers — If a majority of votes cast be in favor of the change, the clerk shall forthwith give notice thereof to the county auditor, and, within twenty days thereafter, shall call a meeting to elect officers, upon ten days' posted notice, and the same proceedings shall there- after be had as in the organization of other independent districts; and the officers of the common or special district shall act as officers of the new district until the qualification of officers and organization of the new board. (1298) 19. Dissolving independent districts — Any independent district may change its organization to that of a common school district by a vote, by ballot, of two-thirds of the electors voting upon the question at any annual or special meeting; notice having been given that such question would be submitted at such meeting. In case of such affirmative vote, the meeting shall elect the proper officers in the same manner as in the organization of a common school district, and the chairman, treasurer, and clerk of the independent district shall be the chairman, treasurer, and clerk, respectively, and shall constitute the board of the common district until their successors shall qualify, and the common district shall in all things be the successor of the independent district. (1299) "When an independent district has been dissolved pursuant to statute, no pre- sumption arises of its continued existenee from the fact that certain inhabitants have persisted in the usurpation of corporate powers. — 65 M. 406. 20. Rehearing before county board — When the boundaries of any dis- trict have been changed by order of the county board, if there shall be filed with the auditor a petition to such board for rehearing, signed by not less ihan five freeholders, legal voters in said district, the auditor shall present the same to the board at its next meeting. The board shall thereupon set a time and place for rehearing, and shall cause notice thereof to be served on the clerks of the districts affected by such change, and posted as in case of the original petition. The hearing may be adjourned from time to time, and the board shall make such order in the premises as it shall deem just. (1300) 21. Procedure for consolidation of school districts — Two or more school districts of any kind may be consolidated, either by the formation of a new district or by annexation of one or more districts, to an existing district in which is maintained a state graded, semi-graded or high school, as herein- after provided. A district so formed by consolidation or annexation shall be known as a consolidated school district. Before any steps are taken to organize a consolidated school district the superintendent of the county in which 14 SCHOOL DISTRICTS. the major portion of territory is situated from which it is proposed to form a consolidated school district shall cause a plat to be made showing the size and boundaries of the new district, the location of the school houses in the several districts, the location of other ad- joining school districts and of school houses therein, together with such other information as may be of essential value, and submit the same to the superintendent of public instruction, who shall approve, modify or reject the plan so proposed and certify his conclusions to the county super- intendent of schools. To receive state aid as a consolidated school of Class A or Class B, as denned in this act, the consolidated district must contain not less than eighteen sections, and to receive state aid as a con- solidated school of Class C, not less than twelve sections; but any existing school district of at least such area shall have the rights and privileges of a consolidated school district. A consolidated school district of less than twelve sections may be formed as herein provided, but shall not be entitled to receive special state aid as herein provided for. (Sec. 1, C. 207, 1911.) 22. Duties of County Superintendent — After approval by the superin- tendent of public instruction of the plan for the formation of a consolidated school district, and upon presentation to the county superintendent of a petition signed and acknowledged by at least twenty-five (25) per cent of the resident freeholders of each district affected, qualified to vote at school meetings, asking for the formation of a consolidated school district in ac- cordance with the plans approved by the superintendent of public instruc- tion, the county superintendent shall, within ten days, cause ten days' posted notice to be given in each district affected, and one week's published notice, if there be a newspaper published in such district, of an election or special meeting to be held within the proposed district, at a time and place specified in such notice, to vote upon the question of consolidation. (Sec. 2, C. 207, 1911.) 23. Election of officers — At such meeting the electors, not less than twenty-five (25) being present, shall elect from their number a chairman and clerk, who shall be the ofiicers of the meeting. The chairman -shall appoint two tellers, and the meeting and election shall be conducted as are annual meetings in common and independent districts. The vote at such election or meeting shall be by ballot, which shall read "For Consolidation," or "Against Consolidation." The officers at such meeting or election shall, within ten days thereafter, certify the result of the vote to the superintend- ent of the county in which cuch district mainly lies. If a majority of the votes cast be for consolidation, the county superintendent within ten days thereafter shall make proper orders to give effect to such vote, and shall thereafter transmit a copy thereof to the auditor of each county in which any part of any district affected lies, and to the clerk of each district affect- ed, and also to the superintendent of public instruction. If the order be for the formation of a new district, it shall specify the number of such district. The county superintendent shall also cause ten days' posted notice, and one week's published notice, if there be a newspaper published in such district, to be given of a meeting to elect ofiicers of the newly formed consolidated school district; provided, that a consolidated district shall upon its forma- tion become an independent district, with the powers, privileges and duties SCHOOL, DISTRICTS. 15 now conferred by law upon independent districts. After the formation of any consolidated school district, appeal may be taken as now provided Dy law in connection with the- formation of other school districts. Nothing in this act shall be construed to transfer the liability of existing bonded indebt- edness from the district or territory against which it was originally incurred. (Sec. 3, C. 207, 1911.) 24. Consolidation with other districts — In like manner, one or more school districts may be consolidated with an existing district in which is maintained a state high, graded or semi-graded school, in which case the school board of the district maintaining a state high, graded or semi-graded school shall continue to be the board governing the consolidated school dis- trict, until the next annual school meeting, when successors to the members whose terms then expire shall be elected by the legally qualified voters of the consoidated school district; provided, however, that in the case of con solidation with a school district in which there is maintained a state high or state graded school, consolidation shall be effected by vote of the rural school districts only, in the manner provided under this act, and by the ap- proval of such consolidation of the rural district or districts with the one in which there is maintained a state high or graded school, by the school board thereof. (Sec. 4, C. 207, 1911.) 25. Certificate by officers — The officers' of the several districts forming a consolidated school district shall within ten days from receipt of copy ol the order of the county superintendent certifying the formation of the new district, or immediately after the election and qualification of members of the school board in the consolidated school district, turn over to the proper officers of the newly elected school board, or to the proper officers of the school board in the district maintaining the state high or graded school, all records, funds, credits and effects of their several districts. (Sec. 5, C. 207, 1911.) 26. Powers of consolidated board— For the purpose of promoting a bet- ter condition in rural schools, and to encourage industrial training, includ- ing the elements of agriculture, manual training and home economics, the board in a consolidated school district i? authorized to establish schools of two or more departments, provide for the transportation of pupils, or ex- pend a reasonable amount for room and board of pupils whose attendance at school can more economically and conveniently be provided for by such means; locate and acquire sites of not less than two acres, and erect neces- sary and suitable buildings thereon, when money therefor has been voted by the district. They shall submit to the superintendent of public instruc- tion a plat of the school grounds, indicating the site of the proposed build- ings, plans and specifications for the school building and its equipment, and the equipment of the premises. It shall be the duty of the superintendent of public instruction, with re- spect to schools in consolidated districts, to approve plans of sites, of build- ings and their equipment and the equipment of the premises; to prepare? suggestive courses of study, including an industrial course; to prescribe the qualifications of the principal and other teachers, and through such super- visors as he may appoint, and in connection with the county superintendent, 16 SCHOOL, DISTRICTS. exercise general supervision over said consolidated schools. (Sec. 6, C. 207, 1911.) 27. Procedure for receiving state aid — (1) For the purpose of receiving state aid, schools in consolidated districts shall be classified as A, B and C. They shall be in session at least eight months in the year, and be well organ- ized. They shall have suitable school houses, with the necessary rooms and equipment. Those belonging to Class A shall have at least four departments: those of Class B three departments; and those of Class C two departments. The board in a consolidated school district maintaining a school of either class shall arrange for the attendance of all pupils living more than two miles from the school, through suitable provision for transportation, or for the board and room of such as may be more economically and conveniently provided for by such means. (2) The principal of a school coming under Class A shall hold at least a diploma from the advanced course of a state normal school, and be qualified to teach the elements of agriculture, as determined by such tests as are re- quired by the superintendent of public instruction. A school of this class shall have suitable rooms and equipment for industrial and other work, a library, and necessary apparatus and equipment for efficient work, and a course of study embracing such branches as may be prescribed by the super- intendent of public instruction. (3) The principal of a school coming under Class B or C shall hold at least a state first grade certificate, and in other respects these schools shall comply with the requirements of schools under Class A, so far as this may be practicable, in accordance with requirements fixed by the superintendent of public instruction. Teachers other than the principal, including special teachers, shall possess such qualifications as are required of teachers in state graded schools. (4) Besides maintaining schools in consolidated districts conforming to the requirements of those coming under Classes A, B and C, the school board may maintain other schools of not more than two rooms, and receive state aid for these as provided for semi-graded and rural schools. (Sec. 7, C. 207, 1911.) 28. Aid for the various districts — Schools under Class A, in consolidated districts, shall receive annually state aid of fifteen hundred ($1,500) dollars: those under Class B, one thousand ($1,000) dollars; those under Class C, seven hundred and fifty ($750) dollars; and in addition to such annual aid a school of any of the above classes shall receive an amount to aid in the construction of a building equal to twenty-five (25') per cent of the cost of said building, but no district shall receive more than a total of fifteen hun- dred ($1,500) dollars for aid in the construction of buildings. The annual aid and the aid for building shall be paid in the same manner as now pro- vided by law for the payment of other state aid to public schools. Whenever any school in a consolidated district attains the rank of state high or graded school, it shall possess the rights and privileges of such school. (Sec. 8, C. 207, 1911.) 29. Sections and chapters repealed — Sections 1289, 1290, 1291, 1292, 1293, Revised Laws of 1905, and Chapter 326, Session Laws of 1905, and Chapter SCHOOL MEETINGS. 17 304, Session Laws of 1907, and other acts and parts of acts inconsistent here- with are hereby repealed. (Sec. 9, C. 207, 1911.) 30. When new districts are formed — In case of the formation of a new district, like proceedings shall be had within ten days after the organization of such district, and in all cases of change of boundaries or consolidation of districts the title to school houses and sites shall vest in the district in which such property is included after such change or consolidation; and in case of consolidation the officers of the old districts shall continue to exer- cise their duties until the officers of the new district qualify. (1294) CHAPTER II. SCHOOL MEETINGS. 31. School meetings — The annual meeting of all common and inde- pendent districts* shall be held on the third Saturday in July, at 7 o'clock p. m., unless a different hour has been fixed at the preceding annual meet- ing, upon ten days' posted notice given by the clerk, and specifying the matters to come before such meeting; but the failure of the clerk to give such notice, or to specify the business to be transacted thereat shall not affect the validity of any business, except the raising of money to build or purchase a school house, the authorizing of an issue of bonds, the fixing of a school house site, the organization as an independent district, or the change from an independent to a common district. The boards of education or trustees in special school districts may fix the time of the annual meeting, when so authorized by vote of the district; provided, that the polls at all school meetings shall be held open at least one hour. (1305) The time and place of an annual meeting- need not be designated at the last preceding- annual meeting.— 12 M. 17 (Gil. 1). A notice of meeting over the signature of five or more freeholders, qualified electors of the district, but which fails to> recite on its face that the signers were such freeholders, is not void for want of such recital. — 45 M. 88. When the polls at a school meeting have been held open for one hour and the ballots counted, they cannot thereafter be opened and another ballot taken, even when there has been no choice. At the election of school officers, a plurality of votes only is necessary to a choice, and not a majority of all the votes cast under sec. 1308, R. L. — Young, July, 1906. A school meeting may be held open until the business is transacted, whether it be for an hour or more, under sec. 1305. — -Young, p. 185. The term "posted notice" shall mean the posting at the beginning of the pre- scribed period of notice, of a copy of the notice or document referred to, in a manner likely to attract attention, in each of three of the most public places in the district to which the subject-matter of the notice relates, or in which the thing of which notice is given is to occur or be performed. (Sub. 14, sec. 5514, R. L. 1905.) 32. District clerk to mail notice of annual meeting — The annual school meeting of any common school district may in its discretion authorize and direct the district clerk to mail a notice of annual and special school meetings to the electors of the district, at least five days before the date of the meeting; provided, that the failure or neglect of the clerk to mail such notice shall not affect or invalidate the said meeting or the business transacted thereat. (C. 357, 1911.) 18 SCHOOL, MEETINGS. 33. Polls to be open from 6 a. m. to 7 p. m. — In all independent school districts in this state containing a population of fifty thousand (50,000) in- habitants or over, to be based upon the census last preceding the election, and in which independent school district elections are held exclusively for school purposes, and separate from, and at different dates from city and state elections, the polls at such school elections shall be opened at six (6) o'clock a. m. on the day of such election, and shall remain open for pur- poses of voting until seven (7) o'clock p. m. on said day. (Chap. 278, Laws 1907.) 34. Special school meetings — Upon the written request of five free- holders and voters of a district, specifying the business to be acted upon, the clerk shall call a special meeting of such district upon ten days' posted notice and one week's published notice, if there be a newspaper printed in such district, and shall specify in such notice the business named in such request, and the time and place of meeting. If there be no clerk in the district, or if he fails for three days after receiving such request to give notice of such meeting, it may be called by like notice signed by five free- holders and voters of the district. No business except that named in the notice shall be transacted at such meeting. (1306) The powers of a school district are the same at a special as at an annual meeting.— 12 M. 17 (Gil. 1). When two requests or petitions for meetings to consider different matters, are filed, it is immaterial which meeting is first called; though the natural and orderly course is to call the meetings in the order in which requests were filed. — Young, May, 1907. When a petition is filed with the clerk for a special meeting, it is his duty to call such meeting by posted and published notices; and if he fail to do so, such meeting may be called by like notices signed by five freeholders of the district. It is neither necessary nor proper that the board act upon such petition or request. —Young, May, 1907. The statute does not designate who is to preside at a special meeting; hence a moderator selected to preside is the proper person to preside, the same as at an annual meeting; and he is the proper judge of the qualifications of voters and to have charge of the polling of the vote; but it is probable that an appeal from his rulings will lie the same as in the case of similar officers. — Young, May, 1907. A special school meeting to bond a school district to build a new school house cannot lawfullv be held on Memorial Day, May 30th, and the state board of invest- ment would not accept bonds voted on that day, and would not loan state money thereon. — Simpson, June 8, 1910. It is not proper fo.r the electors at a special school meeting to appoint a building committee consisting of two members of the board and one outsider, to dispose of an old school house, and let a contract for a new one. When a school district votes to build a school house, designates a site and provides funds for the purpose, the trustees of the district are charged with the duty of executing the will of the district in the premises. — Simpson, July 22, 1909. 35. Women — Women may vote for school officers and members of library boards, and shall be eligible to hold any office pertaining to the ■management of schools or libraries. Any woman of the age of twenty-one years and upward and possessing the qualifications requisite to a male, voter, may vote at any election held for the purpose of choosing any officers of schools or any members of library boards, or upon any measure relating to schools or libraries, and shall be eligible to hold any office pertaining to the management of schools and libraries. (Art. 7, Sec. 8, State Constitution.) The office of county superintendent of schools is an "office pertaining solely to the management of schools." within the meaning of art. 7, §8, of the state constitution. Section 8, referred to, takes the matter of allowing women to vote for, or hold school offices, out from under the provisions of the preceding sec- tions of art. 7, and leaves it entirely within the control of the legislature, sub- ject onlv to the restrictions contained in §8 itself. Under this section the legis- lature has authority to make women eligible to a school office without giving them SCHOOL MEETINGS. 19 the right to vote at an election of such officer. — State vs. Gorton, 33 Minn. 345, 23 N. W. Rep. 529. Under this section women are eligible to the office of county superintendent of schools. —Id. A woman who is entitled to vote, and is a freeholder, can sign petitions and remonstrances respecting the formation and alteration of school districts. — Clapp, Aug. 28, 1388. A foreign born woman becomes, under the laws of the United States, a citizen when she marries a citizen, and, if married, then when her husband becomes a citizen, and if married to a citizen, she may, if she possesses the other neces- sary qualifications, vote without taking out any naturalization papers, but to entitle her to the rights of citizenship, her husband, if foreign born, must have taken out his full citizenship papers, that is, his second papers, so called. — Clapp, April 13, 1887. Women may vote upon the question of fixing the site for a school house. — Childs, Feb. 21, 1895. Women may vote upon the question of the issuance of bonds for. the purpose of erecting school buildings. — Childs, Feb. 21, 1,895. Women twenty-one years of age and otherwise eligible are entitled to vote at school meetings on question of issuance of district bonds. — Douglas, April 4, 1899. There is no property qualification required to entitle a person otherwise qualified to vote at an annual school meeting upon the question of raising money for improvements in the district. The same general qualifications maintain as for general elections. — Simpson, Aug. 3, 1909. 36. Records to be evidence — The records of all school districts and boards, and all transcripts thereof, or of any part thereof, certified by the clerk or other officer having custody thereof, shall be prima facie evidence of the facts therein stated, and all records, books and papers of such dis- trict or board shall be subject to the inspection of any voter of the district. (1307) A record of a meeting which states that it was held "pursuant to notice previously given in writing agreeably to the statute" is prima facie evidence of a regular notice.— 12 M. 17 (Gil. 1). From an allegation that a regular meeting was held at which a certain vote was had, it will be presumed the meeting was valid. — 31 M. 227. 37. Election and powers of annual school meetings — The annual meet- ing, not less than five legal voters being present, shall have power: 1. To elect a chairman and clerk pro tern, if the chairman and clerk of the board be absent; but in common and independent districts the chair- man and clerk of the school board shall officiate in their respective capaci- ties at all meetings of the electors of the district. 2. To adjourn from time to time. 3. To elect by ballot officers of the district. In all elections or vote by ballot, the clerk shall record the names of all voters participating therein, and the chairman shall appoint as tellers two disinterested electors, who, with the assistance of the clerk, shall supervise the balloting and canvass the votes. 4. To designate a site for a school house, and provide for building or otherwise placing a school house thereon, when proper notice has been given, but a site on which a school house stands or is begun shall not be changed, except by vote therefor, designating a new site, by a majority of the legal voters of the district, who have resided therein not less than one year prior to the vote. 5. To repeal and modify their proceedings from time to time, in accord- ance with the powers therein conferred. (Sec. 1308, R. L. 1905, as amended by C. 249, 1911.) A school district has authority to employ a part of a dwelling house as a school house.— 7 M. 203 (Gil. 145). A meeting must determine upon the erection of a school house or the selection of a site before a tax can be levied therefor. — 10 M. 433 (Gil. 345). A district may at a district meeting, make a promise that will take a debt 20 SCHOOL, MEETINGS. of the district out of the operation of the statute of limitations. — 12 M. 17 (Gil. 11. "When a district purchases a site for a school house, erects a school house thereon, and continues to use it, it will be presumed that the site was legally selected by the voters, and that the officers acted within the scolpe of their authority, when all the records relating to it have been lost.— 83 M. 111. Must Show Authority. — As school districts are mere creatures of law, estab- lished for special purposes, and derive all their powers from the acts creating them, it is perfectly just and proper that they should be obliged strictly to show their authority for the business they transact and be confined in their operations to the mode, manner and subject-matter prescribed. — School District No. 7, Wright County vs. J. H. Thompson, 5 Minn., p. 221. "Who are the judges of the special school meeting to receive the vote, and to decide who are voters?" I suppose the same course would have to> be pursued as at the annual meeting. The moderator would have to decide all questions, suhject to the right of appeal.— Wilson, p. 366. The directions to contract for the erection or lease of a school house must come from a district meeting, and in the powers conferred upon that meeting there is no limitation as to the amount which shall be expended for the purposes designated, the only limitation being as to the amount of tax which may be levied in anv one vear. namely, six hundred dollars. — Robbins vs. School District No. 1, Anoka County, 10 Minn., p. 268. The legal voters at the annual or at a special meeting have no power to select a teacher, or to determine what salary shall be paid. These are questions for the district board, which "gets its authority, not from the voters, but from the law." District officers must be elected by ballot. — Wilson, p. 352. Voters may at a lawful meeting rescind vote of former meeting as to selecting site and raising money to build a school house. — Wilson, p. 366. The proceedings of a school meeting presided over by a moderator not elected in due form are valid if no objection be made at the time. — Hahn. p. 477. "If funds are not in hand, cannot the electors authorize the board to borrow funds for the purchase of a school house site?" No authority is given to school districts to borrow money save in the manner provided by law. — When, however, the district has incurred an indebtedness for a puroose authorized by law, and the payment of such indebtedness is postponed to a future day, the district, in con- sideration of the forbearance, may contract to pay interest thereon, and for that purpose may execute and deliver promissory notes.— Wilson, p. 316. It appears that the trustees built the school house well to the northern boundary of the district, and in so doing ignored the vote of the district in fixing the site. In this they clearly exceeded their authority, and the district would not be bound by their action, and could not be compelled to pay for the house. — Wilson, p. 297. "In 1S82 the district voted to accept two school house sites, and did not build on them, and now have accepted two others. Is it necessary to rescind the ac- ceptance of the first before accepting the latter?" Answer: It is not necessary to rescind such action before accepting the latter. — Clapp, April 13, 1888. The district meeting may ratify a contract by the trustees for more than five months' school, and levy a tax for the payment of teachers so employed. — Cole, p. 102. If a district votes to have school for a longer time than that required by law. it must also vote adequate means to support it. The trustees have no power to levy a tax to meet, the increased expense. — Cornell, p. 256. The annual school district meeting, if held without the statutory notice, can- not vote money for the building or purchasing of a school house, or fix the site thereof, but may transact all other lawful business. — Wilson, p. 324. . Notices are not essential to the legality of an annual school meeting, but when money is to be raised to build or buy a school house or fix the site thereof, w r ritten notices setting forth that such money is proposed to be raised or a site established must be posted as prescribed in the law. — Cole, p. 74. A person who is a resident of a district and legally qualified to vote at a town meeting or general election, is a legal voter of such district, and hence eligible to hold the office of trustee therein. Under our constitution, a residence for the purpose of voting is not lost by reason of absence while a student in any seminary of learning. — Cornell, p. 257. The minor children of any parent dulv naturalized, and who at the time of such naturalization of the parent, reside within the United States, become citizens and entitled to all the privileges of citizens immediately on their arriving at the age of twenty-one years. — Clapp, April 13, 1887. "Is it competent for a school meeting to vote a term of school other than the precise term mentioned in the notice?" In my judgment it is competent fwr a district, at a meeting called upon such notice, to vote any length of term allowed by law. While it is tine that the notice is to the effect that a vote will be taken as to whether they will have seven months' school or not. it must be borne in mind that the object of the meeteing. as gathered from the notice itself, is to fix the length of the term. and. it coming within the purview of the call, there is no question about the right of the district to take such action. If the notice for the meeting stated the object so precisely that no opportunity of choice and no variation of mode should be left to the meeting, it would give those whose duty it is to call the meeting a check upon the free exercise of the right vested in the residents of the district.— Clapp. Sept. 13. 1887. After a tax for school district purposes has been extended upon the tax dtmlicate and parti v paid, it is too late to raise the question as to its legality before this office. It must be treated as regular and valid until an adverse judicial determination.— Cole, pp. 260, 291. SCHOOL MEETINGS. 21 The electors of a common school district have no power to raise or appropriate its funds for purpose of private tuition of the district's children in attendance at school of a neighboring district. — Douglas, April 25, 1899. The powers of a school district are the same at a special as at am annual meeting.- — Sanborn vs. School District No. 10, 12 Minn. 17 (Gil. 1). A school dis- trict may, at a district meeting, make a promise that will take a debt out of the operation of the statute of limitations. — Id. Neither the state superintendent nor the state board of health has authority to make recommendations as to the school house sites or the removal or change of location of school houses. — Donahower, p. 135. A person who is a candidate for re-election at a school meeting, may act in an official capacity at such meeting. — Young, p. 204. When a district at its annual meeting has voted to keep eight months' school and provided the funds, it may afterward at a special meeting legally called un- der sec. 1306, R. L., change the length of the school term. — Young, p. 192. In an independent district the board may be authorized to purchase a site or change it, by a majority vote. — Young, p. 182. The right of a teacher to vote at the place where she is teaching depends entirely upon whether or not she is a resident of that place; and residence is largely a matter of intention. If she is a resident, that is, intends to make it her permanent home, she is entitled to vote, otherwise not. — Young, May, 1907. A majority of the legal voters present and voting at a valid meeting, is suf- ficient to authorize the issue of bonds for the erection of a school building; but if the meeeting is called to vote upon the question of a new school house site, there must be a vote of the majority of the legal voters who have resided in the district not less than six months prior to the vote, and of two-thirds of the voters present and voting. — Young, May, 1907. "While the question of a new site and of raising money for a school house mav be voted upon in one ballot, it is better practice to vote upon them separately. —Young, May, 1907. The mere fact that a man owns a farm in a school district does not entitle him to vote therein at the annual school meeting. If he is a resident of an ad- joining district, and is otherwise qualified, that is the place for him to vote. — Simpson, July 9, 1909. A special school meeting duly called for the purpose of deciding upon a school house site, can be adjourned and the vote taken upon the question, at an ad- journed meeting, and it would seem that anything could be transacted at a prop- erly adjourned meeting, that could have been transacted at the original meeting. —Simpson, March 25, 1909. Notice of the annual meeting must contain a provision for raising money for building purposes, or such action cannot be taken, as the electors must be fully apprised of the fact that such matter will come ibefore the meeting for consideration, to make any action thereon legal. — Simpson, July 22, 1909. It is not necessary that the question of providing transportation for children to and from the school be inserted in the call for the annual school meeting, but the district can take such action at the meeeting without it being stated in the call that the question will be considered. — Simpson, Aug. 4, 1910. Before the question of a change of a school house site can be acted on, a meeting must be called as provided by law, in the notice of which the question must be stated clearly and definitely as to the object of the meeting; where the law provides that a petition or request shall be signed by five freeholders and voters of the district, it is necessary that such signers be both freeholders and voters; and women have the right to sis:n such petitions when they are free- holders and voters. — Simpson, Sept. 19, 1910. The law requires that the election of school district officers must be by ballot, and that the polls shall remain open for one hour, and the election of officers by acclamation is not in compliance with law, and can in no way be considered a. legal election. — Simpson, July 22, 1909. Section 1308. R. L. 1905. empowers the annual meeting of a scholol district "to elect by ballot officers of the district." The law does not now, as it formerly did, require that an officer be elected by a majority of all votes cast, and a plurality vote is sufficient. — Simpson, June 17, 1909. If a school district, at a properly called meeting, votes to change the present schaol house site, and locate the school building upon a new site, at a definite place, and the district cannot make satisfactory terms with the land owner, then the school district, by proper proceedings in court, can have the necessary land condemned. — Simpson, May 17, 1910. 38. Additional powers of meetings in common school districts — In addi- tion to the foregoing powers, any common school district at its annual meet- ing, or at a special meeting when proper notice has been given, may vote a sufficient fund for maintenance of its schools and for all other proper pur- poses, appoint a librarian, and make rules for the use and management of the library, and direct the school board to make designated improvements to school property, and to provide free text-books for the schools. (1309) Where at a meeting it was voted to have school kept for a specified time, and sufficient funds provided, the trustees are liable to a penalty by neglecting without excuse, to provide the school for the specified time. — 17 M. 227. 22 BOARDS AND OFFICERS. A common school district has no authority to loan money raised by taxes for the carrying on of its schools. — Young, p. 191. 39. Election of officers in certain districts — In any common school dis- trict containing over three hundred voters, in counties having a population of more than fifty thousand and less than one hundred thousand, the school board shall divide the district for the purpose of electing officers, voting on the issue of bonds, or other matter specifically submitted for vote by ballot, into precincts for each three hundred voters, or major fraction thereof. The voters present at the opening of the polls shall choose a moderator and two clerks, who shall forthwith certify the result of the vote to the clerk of the district. Such vote shall be canvassed and the result announced at the an- nual meeting, except in case of a special election, when the same shall be canvassed by the district officers as soon as practicable after the receipt of the returns. Such regular elections shall be held on the Saturday preceding the annual meeting, and at the same hour and upon the same notice, and no matter except the election of officers shall be voted upon at such meeting, unless specified in the notice. (1310) Districts within the provisions of sec. 1310. R. L., may be divided into pre- cincts for voting or balloting; but other districts cannot be so divided. CHAPTER III. BOARDS AND OFFICERS. 40. School board — The care, management, and control of common and independent districts shall be vested in a board of trustees, to be known as the school board, whose term of office shall be three years and until their successors qualify. (1312) The fact that the village trustees have acted as a school board for a long times raises a presumption that they have accepted the provisions of law relating to the schools of the village. — 74 M. 110. Cities and villages and the school districts within them, are distinct and inde- pendent corporations. A member of the school board must be a resident of the district he represents. Chap. 285, Laws 1901, applies to cities whose boundaries are co-extensive with the school district; and until the territory of both city and district are co-extensive, members of the school board cannot be elected as pre- scribed in that chapter.— Young, July, 1907. 41. School board of common districts — The school board of each com- mon school district shall consist of a chairman, a treasurer and a clerk. At the first meeting of each school district embracing or containing less than ten townships, the chairman shall be elected to hold office until August I following the next annual meeting; the treasurer until one year from such date, and the clerk until two years from such date. At the first meeting in each common school district, embracing or containing ten or more town- ships, the chairman shall be elected to hold office until August 1 following the next biennial general state election, and the treasurer until one year from such date, and the clerk until two years from such date. Said trustees so elected in districts embracing or containing ten or more townships shall be paid such salary or compensation as the electors or legal voters of such district at the annual meeting thereof shall fix or determine, and the electors BOARDS AND OFFICERS. 23 or legal voters of such district at the annual meeting thereof shall have power and are hereby authorized by a majority vote to fix and determine and authorize the payment of salaries or compensation to said trustees. The vote upon the payment of such salaries or compensation shall be by ballot. (Sec. 1313, R. L. 1905, as amended by Sec. 2, C. 187, 1909.) The election must be by ballot. 'An election, therefore, of school district officers by viva voce vote would be irregular and invalid. A person elected in this way to office would have no title that he could assert against a regular in- cumbent of the office holding after the expiration of his term. And yet a per- son elected by a viva voce vote, having qualified and assumed the duties of the office to which he was elected, would be an officer de facto, and his acts as to third persons would be valid." — Wilson, p. 352. It is no part of the duties of the county attorney to advise school district officers. For the services named he would be entitled to the same fees as if per- formed at the request of a private individual. — Hahn, p. 468. Under our constitution and laws, aliens are not eligible to any office elective by the people. If, however, an alien were elected to the office of district clerk of a school district, or appointed to such office by the proper appointing power, and should assume such office by virtue of such election or appointment, and exercise the duties thereof, he would be an officer de facto, and his acts, though not those of a lawful officer, the law, upon principles of policy and justice, would hold to be valid, so far as they involved the interests of the public and third par- ties. — Wilson, p. 316. Many matters arise relating to the election of school district officers. While it is important that all the requirements of the law be complied with, it should be borne in mind that the official act of an officer does not necessarily depend for its validity upon the regularity of his election. Where a person is exercising the duties of an office under color of authority, claiming title to the same, he is what in law is termed an officer de facto, and his acts are valid until he is ousted from the office by legal proceedings, or abandons the office. The right of a de facto officer to hold the office cannot be questioned collaterally, but can only be questioned in an action brought directly against him to oust him from the office; thus, it may frequently happen that a person is occupying an office and his acts as such officer will be valid, yet his title to the office be so defective that in a direct proceeding brought against him to oust him, his title to the office could be defeated.— Clapp, March 25, 1891. An election of school officers is not necessarily invalidated on account of the polls being kept open less than the time named in the statute, unless it is made plainly to appear that such numbers of voters were thus deprived of the right to vote as would have changed the result. — Childs, Aug. 13, 1895. The mere fact that the school meeting was not called to order until a half or three-quarters of an hour after the time named in the law would not in itself render the meeting invalid. — Childs, Aug. 8, 1892. An annual meeting held either at an earlier or later date than that prescribed in the statutes is invalid for any purpose. — Childs, July 29, 1896. In case of a tie vote for trustee at an annual school meeting a second ballot cannot be taken, but a vacancy exists which the board of trustees is authorized to fill by appointment. — Douglas, July 31, 1900. 42. School board of independent districts — The school board of each independent school district shall consist of six directors. At the first meet- ing of the district, six directors shall be elected, two to hold until August 1 following the next annual meeting, and two to hold until the expiration of one year, and two until the expiration of two years, from said August 1; the time which each director shall hold being designated on the ballot. (1314) Non-voting of certain members of the school board in an independent dis- trict permits the election of a superintendent by a majority vote of a quorum, the rule being that if there is a quorum present, and a majority of the quorum vote in favor of a measure, it will prevail, although an equal number should refrain from voting. It is not the majority of the whole number of members present that is requiied; all that is requisite is a majority of the number of members required to constitute a quorum. — Simpson, March 16, 1909. The president of the board of education is a member of the board, and the fact that he is chosen to act in the official capacity of president does not deprive him of the right to vote. Four members of a board will constitute a quorum, whether the president of the board be one of that number or not. — Simpson, Aug. 11, 1909. 43. Organization of school boards in independent districts — Within ten days after the election of the first school board in independent districts, and annually thereafter on the first Saturday in August, or as soon thereafter as 24 BOARDS AND OFFICERS. practicable, the board shall meet and organize by choosing a chairman, a clerk, and treasurer, who shall hold their offices for one year, and until their successors are elected and qualified. They may also elect a superintendent, who shall hold office during the pleasure of the board. He shall be ex- officio a member of the board, but not entitled to vote therein. (1315) "Where, at a meeting of a school board in an independent district, for the purpose of electing a superintendent, the vote results in three votes being cast in favor of a candidate, one vote against him, and two members of the board not voting, the candidate receiving the three votes is elected. — Simpson, March, 16, 1909. It is not the duty of the superintendent of schools, under the law, to take action by swearing out a complaint, against school officers doing acts in viola- tion of the duties of their respective offices, though, as a general proposition, it is incumbent upon all good citizens to bring to attention of the prosecuting officer of their county any known violations of law, and this rule applies, of course, with equal force, to the county superintendent of schools. — Simpson, Feb. 24, 1909. There being no provision of law requiring that a written ballot shall be taken by a board of education, on the question of electing a superintendent, an "Aye" and "Nay" vote would be sufficient. — Simpson, March 17, 1909. The proceedings at a meeting of the board of an independent district, at which the superintendent is not present by reason of failure to give him. notice, are valid. — Douglas, p. 129. A person selected to act as chairman or "acting president" of the board of an independent district, in the absence of the president, cannot countersign orders or warrants. — Young, p. 191. The officers of boards in independent districts must be chosen from the mem- bers of the board. 44. Vacancies — A vacancy in any school board or board of education elected by the people shall be filled by the board at any legal meeting there- of until such vacancy can be filled by election at the next annual meeting in school districts containing less than ten townships and at the next general biennial state election in school districts embracing or containing ten or more townships. Such appointment shall be evidenced by a resolution en- tered in the minutes. All appointments and elections to fill vacancies shall be for the unexpired term. (Sec. 1316, R. L. 1905, as amended by sec. 3, c. 187, 1909.) 45. Special election to fill vacancy — If the board shall fail for ten days to fill any vacancy, a special meeting may be called for that purpose by tea days' posted notice signed by three qualified voters, freeholders or house- holders of the district, setting forth the object of the meeting. Officers elected at such meeting shall hold for the unexpired term, but no such meec ing shall be held within thirty days before the annual election or annual meeting in districts containing less than ten townships nor within thirty days before the general biennial state election in districts embracing or con- taining ten or more townships. (Sec. 1317, R. L. 1905, as amended by sec. 4, c. 187, 1909.) It is not mandatory that the board fill a vacancy within ten days; and they may fill it at a later time, but should not do so after ten days and after a meeting for the purpose of filling such vacancy has been called by three qualified voters. The vacancy should be filled as provided in section 1316, R. L. — Young, May, 1907. Where, at an annual school meeting, there were two candidates for district clerk, and each received twenty-two votes, the ballot resulted in no election, thus causing a vacancy in the office of clerk, which could be filled by the board within ten days, and if not so filled, a special meeting could be called for that purpose, by ten days' posted notice, signed by three qualified voters, freeholders or householders of the districts, and setting forth the object of the meeting. Sec. 1317, R. L., 1905.— Simpson, July 21, 1909. When a member of the board has removed from the district, his office is vacant; and the vacancy thus occasioned may be filled by the remaining members of the board, and the person appointed will hold office until the next annual meet- ing, construing section 1316, R. D. — Young, December, 1906. In case of a tie vote at an annual school election for officers, a second ballot BOARDS AND OFFICERS. 25 cannot be taken, but a vacancy exists in the office, which vacancy can be filled by appointment by the school board; but if the board shall fail for ten days to fill such vacancy, a special meeting will be called for that purpose, by ten days' posted notice, signed by three qualified voters, or freeholders of the district, and setting forth the object of the meeting. — Young, 59. 46. Acceptance of office — Oaths, where filed — All persons elected or appointed district officers shall, within ten days after notice of such elec- tion or appointment, file with the clerk or secretary of the district his ac- ceptance of the office and his official oath, or be deemed to have refused to serve, but such filing may be made at any time before action to fill the vacancy has been taken. (1318) 47. Quorum in school boards — A majority of the school board shall con- stitute a quorum, but no contract shall be made or authorized except at a meeting of the board of which all members have had legal notice. (1319) Contracts, to be binding on the district, must be made or ratified by at least a majority of the board after notice and an opportunity to all the trustees to take part in the matter. — 35 M. 163. To bind the district, a contract for supplies by two trustees must be authorized or ratified at a meeting of the trustees; but if such supplies are received and used by the district for such a length of time as to raise the presumption that it was with the common consent of the district, it will be bound to pay for them). — 37 M. 96. When two of the trustees employ one to perform work for the district, and such action is ratified by the full board, such employe may recover of the dis- trict, notwithstanding the work was for a new school house when no site had been lawfully selected by the voters, and the trustees were not authorized to build the school house. This is based upon the law that trtistees who act within the scope of their authority, bind the district; and the burden of proving excess of power is upon the district. — 93 M. 409. Director or trustee may not be a party to a contract with the district. Cur- rie vs. School District, 35 Minn. 163, 27 N. W. Rep. 922. In order to bind the dis- trict, contracts must be made or ratified by at least a majority of the board, after notice and opportunitv to all of the trustees to participate in the transaction. —Id. When one member of board refuses to assent to contract by majority, he may be compelled to by law. — Cornell, p. 260. There is no authority on the part of the individual members of a board to make a contract for the 'purchase of books in any other manner than when con- vened as a board.— Childs. Sept. 1, 1893. When a part of the members present refuse to vote at all, a vote may be legally decided by a majority of those actually voting, though they do not constitute a majority of the whole number present. This rule rests upon the principle that members present and not voting will be deemed to assent to the action of those who did vote. — Simpson, March 17, 1909. 48. Powers and duties of school board — The school board shall have the general charge of the business of the district, and of the school houses and the interests of the schools thereof, and shall: 1. When authorized by the voters at a regular meeting, or a special meeting called for that purpose, may acquire necessary sites for school houses by lease, purchase or condemnation under the right of eminent do- main; erect, lease or purchase necessary school houses or additions thereto; and sell or exchange such school houses or sites, and execute deeds of con- veyance thereof. In any city or village such site, when practicable, shall contain at least one block, and, if outside of any city or village, two acres; and, when any school house site shall contain less than such amount, the board shall, if practicable, acquire other land adjacent to or near such site to make, with such site, such amount. 2. Purchase, sell, and exchange school apparatus, furniture, stoves, and other appendages for school houses. 3. Provide proper outhouses for the schools, plant shade trees and shrubbery, and otherwise improve school sites, procure insurance on school property, and make proper ordinary repairs thereon. 26 BOARDS AND OFFICERS. 4. When necessary, lease rooms for school purposes. 5. Employ and contract with necessary, qualified teachers, and dis- charge the same for cause. 6. Provide for the heating and care of school houses and rooms. 7. Provide for the payment of "all just claims against the district in cases provided by law. 8. When directed by a vote of the district, or when the board deems it ad- visable, adopt, contract for and purchase text-books needful for the schools of the district, and provide for the free use of such books by the pupils of such schools, or their sale to them at cost; but no such adoption or contract shall be for less than three or more than five years, during which time such books adopted shall not be changed. 9. Defray the necessary expenses of the board, including three dollars per day for attending one meeting of the school boards of the county in each year, when called by the county superintendent, and five cents per mile in going to and returning from such meeting, and pay for such record books, stationery, and other incidental matters as may be proper. 10. Superintend and manage the schools of the district, adopt, modify, or repeal rules for their organization, government, and instruction, and for the keeping of registers, prescribe text-books and courses of study, and visit each school at least once in three months. 11. In all proper cases, prosecute and defend actions by or against the district. '(1320) Where a note for a district debt is signed by the trustees without official designation, and the purpose of it is equally known to the payee, the trustees are not personally liable; but if it be doubtful from an inspection of the note itself whether the trustees intended to assume personal liability, the intention may be shown by other evidence. — 4 M. 126 (Gil. 83). A promissory note given by trustees, to be a valid note of the district, must be given for a debt the trustees had authority to contract. — 5 M. 280 (Gil. 221). A promissory note given by trustees must show upon its face that it is the note of the district; otherwise it is the note of the trustees. — 6 M. 578 (Gil. 412). A promissory note, signed individually by the trustees makes the trustees prima facie personally liable; and the burden is upon them to show it is a valid note of the district.— 13 M. 106 (Gil. 96). The district, and not the trustees, is liable on a promissory note made by the trustees as such for a debt of the district.— 14 M. 214 (Gil. 153.) Where, at a meeting, it is voted to have school kept for a specified time, and sufficient funds are provided, the trustees are liable to a penalty for neglecting, without excuse, to provide the school for such time: and the action to enforce the penalty may be brought by a director or a freeholder in his own name. — 31 M. 227. A trustee cannot enter into a contract with the other trustees for services or supplies to the district for a compensation; and the fairness of such a transaction cannot be considered. — 35 M. 163. The schood house of a district is not subject to a mechanic's lien. — 39 ML 298 A school district is not liable for money borrowed by its trustees to com- plete a school house, without authority, even though it receives the benefit; and no ratification can be inferred from its enjoyment of the improvement for it has had no opportunity to reject. — 54 M. 385. When orders have been legally issued by the trustees, payable generally and not out of a particular fund, the district is liable and must provide funds to pay them.— 91 M. 41. When the trustees act within the apparent scope of their authority the burden Vf proving an excess of authority is upon the one alleging it. — 93 M. 409. The trustees have power, prior to the annual meeting, to employ a teacher for the ensuing year, and to bind the district for at least five months and for such further time as shall be fixed by the voters at such annual meeting.— 93 M. 411. Where there were sufficient funds on hand therefor, the board of trustees on their own motion caused a well to be dug and a pump placed over it for the use of the school. Held, that the board had no authority to make expenditures of pub- lic money for such a purpose until authorized by the voters of the district at a properly called meeting. — Childs, Aug. 24, 1893. A contract made by the board of trustees with one of their number is void. Where one attempts to act in a fiduciary capacity for another, the law will BOARDS AND OFFICERS. 27 not allow him while so acting to deal with himself in his individual capacity. — Hahn, p. 4S6. The law provides that "the board of trustees shall have the general charge of the interests of the schools." If there are funds on hand not designated by vote of the district to any specific purpose, and not needed to meet matured or miaturing claims of teachers, such funds may be used by trustees to purchase any articles necessary, in their judgment, to the "interests of the school." — Wilson, p. 367. "When a school district votes to build a school house, designates site and provides funds for the purpose, the trustees of the district are charged with the duty of executing the will of the district in the premises." — Start, p. 425. If the trustees have contracted for a school for more than five (5) months without special authority from the district, the legal voters at any special or gen- eral meeting may ratify such action, and levy a tax for the payment of teachers so employed. If they refuse to do - this, the teacher would very likely be without remedy. Trustees of school districts are public agents, and when they in good faith contract with parties having full knowledge of the extent of their authority, or who have an equal means of knowledge with themselves, they do not become individually liable unless the intent to incur a personal liability is clearly ex- pressed, although it should be found that through ignorance of the law they may have exceeded their authority. Any knowledge of a defect in their authority, accessible to them but not to the teacher, would probably fix a liability on them. — Cole, p. 102. "Have school district trustees power to hire money to build a school house?" I think not. Corporations, and especially quasi corporations, have only those powers specifically granted to them by statute, and such others as are necessary for carrying into execution those specifically conferred. By sec. 52, school laws, the trustees are authorized "to build, hire or purchase a school houses out o)fl funds provided for that purpose." The law requires school to be taught in the district at least five months, and the trustees cannot safely ignore that provision, notwithstanding the action of the district. The district having neglected to vote the requisite tax, it is the im- perative duty of the trustees to levy the same. — Clapp, Sept. 24, 1888. Trustees may employ more than one teacher if district has funds, notwith- standing an adverse resolution voted by the district. — Wilson, p. 354. It is the special business of the trustees to employ teachers. The voters of the district may, in their individual or collective capacity, advise the trustees as to their wishes, but cannot control their action. — Wilson, p. 354. "Is the employment of a teacher by the treasurer and clerk of a school dis- trict, without any notice to the director, and without any meeting being held, legal?" I answer that it is not. — Hahn, p. 536. A contract made with a teacher who does not hold a certificate which is valid in the district where he is to be employed, is void, and a certificate cannot be dated back to cover services rendered before it was granted. — Jenness vs. School District 31, Washington County, 12 Minn. 448. When a teacher is employed to teach for a specified time and the school is in- terrupted necessarily, but by no fault of the teacher, who is always ready to fulfill the contract, the teacher, after the expiration of the time, may maintain an action against the district for the entire amount of wages. If, however, the dis- trict can show that during the whole or a portion of the time the teacher was engaged in similar employment, or was offered such employment and refused it, the damage may be reduced. — Cole, p. 87. If in the opinion of the trustees the services of more than one teacher are demanded by reason of the numbers in attendance at a district school, an addi- tional teacher may be employed, the board keeping within the means provided by the district. — Wilson, p. 354. A contract made with a teacher before he has secured a certificate is void, and a subsequent issuance of a certificate will not make the same valid. This ap- plies alike in common, independent and special districts. "Have school boards authority to engage teachers for the following year before the annual meeting?" It matters not whether it is before the annual meeting and the election of the new member or not. The trustees may, either before or after the annual meeting and without express authority from the dis- trict, contract for the term required by law, and no more. — Hahn, p. 538; Start, p. 436; Cornell, p. 159. If a teacher holds a valid certificate at the time of making a contract which extends beyond the life of the certificate, such contract is good, and will remain so as long as the teacher is in possession of a valid certificate and until the con- tract expires by its own terms. — Clapp, Oct. 12, 1891. Teachers cannot enforce verbal contracts which the law requires to be in writing. — Douglas. Jan. 4, 1901. The law establishes the school age between five and twenty-one years, sub- ject to the authority granted the board of trustees to fix the minimum age at six years. — Douglas, Aug. 17, 1900. A school board has power to rent rooms for a school if the school building is inadequate; it also has power to repair the school house, but has no right to so enlarge and repair it as to constitute a rebuilding or to make a new and larger one out of it. The building of a new school house must be voted on at a school meeting. — Donahower, p. 129. The general control of schools is in the board; and if the superintendent and teachers establish rules of discipline and school work to the disadvantage of the welfare of the school, the board has power to change them. — Douglas, p. 129. 28 BOARDS AND OFFICERS. Members of the board and teachers cannot, directly or indirectly, be financial- ly interested in sales, leases or contracts relating to district property; and if they do become so interested, they are guilty of misdemeanor and may be prosecuted or restrained. — Donahower, p. 133. Members of a school board cannot legally do work of repairs on a school house and draw pay therefor. — Young, June, 1907. A school board has no authority to sell a school building unless authorized by the voters at a regular or special meeting called for the purpose; construing section 1320, R. L. — Young, December, 1906. School boards are not corporate bodies, but rather resemble directors of a corporation. The school district is the corporation. Contracts of insurance of school property should run to the district. A member of the board cannot be interested individually, as agent or otherwise, in a contract of insurance on school property. — Young, p. 182. The school board of a common district in making contracts with teachers, can bind the district for only five months; and in case contracts are made for a longer period, they will be valid for five months and for such longer time as shall be ratified at a meeting of the district. — Young, p. 179. School boards have no authority to employ teachers who do not hold certificates, and the district continue to draw state apportionment money.— Young, June, 1907. Money received from the state apportionment of funds, cannot be used by a district to build a school house; but money received from the one mill tax and any balance of money raised for a specific purpose, after such purpose has been accomplished, may be used for building a school house after the voters have so decided at an annual or snecia! meeting. — Young, June 1907. A member of a school board who renders services and expends his own money in good faith in looking after the building of a school house, has a valid claim for such services and advancement, provided the voters at the annual meeting voted to pay him; but probably he is not entitled to 2 per cent of the cost of the building. — Young, October, 1906. Under sec. 1320, subd. 11, R. L,., the board may prosecute an action against the treasurer when he refuses or fails to turn over to his successor in office any portion of the district funds in his hands. — Young, p. 385. A school board has no authority to pay a director for services; and if it has paid for such services, any taxpayer may maintain an action for its recovery for the benefit of the district; if the money has not been paid, he may maintain an action to restrain such payment; citing 77 M. 526; SS M. 127.— Young, July, 1906. School boards are neither authorized nor justified in expending money for the services of an expert accountant to examine the books of the district. — Young, May. 1906. The school board, after the district has voted an eight months' school, may contract with a teacher for eight months at any time prior to a change in the length of the term by a vote of the district. — Young, p. 193. There is no provision of law relating to roads to school sites or buildings. Such roads must be laid out as other roads under sees. 1171 and 1181, R. L. — Young, July, 1906. Though on account of the low assessed valuation of the property in the town- ship, there is not sufficient money to keep the schools in session for the length of time voted at the annual meeting, and though one school is greatly over- crowded, the school board cannot rent another room and hire another teacher, incur the necessary expenses, and issue orders in payment of same, when such orders cannot be paid during the current school year, without a vote of the people.— Young, Oct. 27, 1908. A school board has power to adopt such reasonable rules and regulations as contribute to the moral, physical and intellectual welfare of the pupils attend- ing school, and a rule to the effect that a pupil convicted of smoking on the streets or in public places might be expelled, by the board, from school, would be a rea- sonable rule and one which could be enforced by the board. — Simpson, Dec. 8, 1909. Rules and regulations, whether made by the board, or made by the teacher and afterward ratified by the board, must be reasonable, and the courts have held that a rule is reasonable under which a pupil may be suspended or expelled if he wilfully injures or destroys school property, for this would be a punishment for breach of discipline. But it is also held that a rule which causes a pupil to stand suspended or expelled until he pays for the injury caused by him to school property, or until he pays a fine which may be assessed against him for such in- jury, is unreasonable and void, because in such a case he would be suspended or expelled, not because of the injury caused by him, but because he did not pay the damages or the fine. — Young, May 27. 1908. If, in the opinion, and according to the best judgment of the board, especially when such opinion and judgment are based upon experience and actual results, the board determines that the attendance by the pupils of the school at public dances interferes with the regular school work of those participating in the same, and is injurious to the best interests of the school in general, the board can, by adopting a rule, prohibit such attendance. But the rule adopted must be a rea- sonable one under all the circumstances, and if suspended for violating such a rule, a pupil can have the court determine whether the rule is a reasonable one and such as can be enforced, or is arbitrary, and therefore null and void. — Simp- son. April 21. 1909. It is not the duty of a school board to build a barn upon or near the school premises, for the accommodation of the horses of the children living at a distance ifrom the school, nor can the board be compelled to build such a structure.— Simpson, Oct. 6, 1909. BOARDS AND OFFICERS. 29 Although the law does not expressly provide for the advertising for bids prior to letting a contract by the board for building a school house, such course is by all means advisable, and a two weeks' publication in an available newspaper is suggested, to the end that due publicity may be given of the fact that the district is desirous of receiving bids for building a school house, and that by such action as favorable a price as possible may be secured. — Simpson, July 22, 1909. School boards cannot employ and pay an architect for work done before a school district has voted to erect a school house, plans for which such architect may have made, the architect's plans being considered a part of the work of build- ing the school house. — Simpson, June 25, 1909. The offices of school district clerk and treasurer may be held by husband and wife, they being otherwise qualified. — Simpson, July 13, 1909. It is not competent for a school board to disregard the action of the annual school meeting, in determining the times when schools shall be held within the district. — Simpson, March 19, 1909. It is no part of the duties of the school board to take action or interest them- selves particularly in public highways. Such board is chargeable with no duty in regard to highways, and has no authority in laying out the same. If a public highway is needed for the benefit of the district, the proper procedure is to take the matter up by petition either with the town beard or the county commissioners. —Simpson, Jan. 12, 1909. The clerk of a school district cannot also be a teacher in the same district. — Simpson, July 21, 1909. Although a school board is empowered to provide for the free transportation to and from school at the expense of the district of all pupils residing more than one-half mile from the school house, for the whole or such part of the school year as they may deem expedient, such board is not campelled to do so. — Simpson, Sept. 21, 1910. An attorney may be hired by a school board for the performance of any par- ticular service which is necessary, by the adoption of a resolution to that effect, but it is not competent for the board to hire an attorney by the year. — Simpson, Feb. 16, 1910. Permission given to school boards to provide free transportation for children has only to do with transportation to the public schools, and such boards cannot furnish transportation to pupils attending parochial schools.. — Simpson, Nov. 16, 1910. Where the electors of a school district borrow money from the state, to toe used for building a school house, the school board has no authority to return the money to the state and have the bond of the district issued to the state, can- celled. This could only be done by the school district, at a properly called special meeting, for tnat purpose. — Simpson, March 2, 1909. Plans for new school buildings must have the approval of the state board of health; the law providing that the plans and specifications for a new school house in respect to sanitary conditions, shall be submitted and filed with the Minnesota state board of health, and that no school building shall be constructed until the sanitary arrangements of the same have been approved by that board. — Simpson, May 18, 1910. 43. Additional powers of board — The school board may also: (1) Provide for the admission to the schools of the district of non- resident pupils, and those above school age, and fix the rates of tuition for such pupils. Provided, in case a person has real property in, and pays taxes thereon, in a common or an independent school district other than the one in which he resides, then such person shall be admitted to all the benefits of such other school, the same as the residents therein, and if the owner of less than 80 acres therein, he shall be admitted to all the benefits of said school the same as residents therein, upon conforming to such reasonable terms for tuition as the board of education of such school district may have estab- lished for non-residents, except that he shall be entitled to have the amount of school taxes which he pays to the support of said district applied in pay- ment of said tuition fees. Provided, further, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act to vote at any school district meeting of the school district within which he may receive such benefits or privileges, but of which he is not a member. (2) Establish and organize, alter and discontinue, such grades of schools as they may deem expedient. 30 BOARDS AND OFFICERS. (3) Upon a petition of a majority of legal voters authorize the use of any school house in the district for divine worship, Sunday schools, public meetings, elections and such other similar purposes as, in their judgment, will not interfere with its use for school purposes; but before permitting such use, the board may require the bond of some responsible party, in the penal sum of one hundred dollars, conditioned for the proper use of such school house, the payment of all rent, and the repair of all damage occa- sioned by such use, and they shall charge and collect for the use of the dis- trict from the persons using such school house such reasonable compensa- tion as they may fix. (1321, as amended by chap. 445, sec. 1, 1907.) Divine Worship, Etc. — This statute was evidently intended to cover cases where the school house was actually rented to some person or society which had no connection with the school or its management. It was never intended to be used as a cloak or subterfuge to enable the school trustees to use the school house and the teacher employed therein with public school moneys to conduct religious worship in connection with such school. (4) Subject to such rules and regulations as they shall adopt; provide for the free transportation to and from school, at the expense of the dis- tricts, of all pupils residing more than one-half mile from the school house, for the whole or such part of the school year as they may deem expedient; and in school districts situated in more than one county shall provide such transportation during the months of October, November, December, January, February, March and April for all pupils residing two miles or more from the school house, and who are not less than six years of age nor more than sixteen years of age; and shall require from every person employed for that purpose a reasonable bond for the faithful discharge of his duties, as prescribed by the board." (Sec. 4, chap. 445, 1907, as amended by chap. 472, 1909.) (5) Make rules and regulations respecting the protection of the prop- erty of the district, and prescribe penalties for a breach thereof, to be re- covered for the use of the district as penalties in other oases, before a jus- tice of the peace, and change or appeal such rules. (1321, as amended by chap. 445, sec. 1, 1907.) The question of whether a person is an actual resident of a school district is one which depends upon the facts in the case. — 91 M. 268. The board has sole power to admit non-resident pupils to the school. Non- residents cannot attend without its permission, and it may withdraw such per- mission at any time. — Young, p. 196. Under sec. 1321, R. L., the board has the sole power to fix the rate of tuition for non-resident pupils. It may take into consideration the relations of such non-residents to the district; and if such non-residents pay taxes in the district, it may fix a lower or nominal rate of tuition in their cases. — Young, p. 200. The right of a child to free tuition depends upon the residence of such child without regard to the residence of its parents. If such child comes into the dis- trict for the mere purpose of attending school, the board may, In its discretion, charge tuition, or exclude him altogether. On the other hand, a child who actually resides in the district is entitled to school privileges without charge. The question of actual residence is one to be determined from all the facta in each case. — Young, p. 177. Under sec. 1321, R. L., a parent or guardian may send his children to any school he pleases, either in the district of his residence, or in another, by com- plying with the regulations of the board of such other districts as to tuition, etc. —Young, p. 201. . _ . , . The school board may charge non-resident pupils the cost price of books and supplies used by them. — Young, p. 196. ,-,.,*.. ., ,_ ,_ The privilege, extended to the owner of land in a school district in which he does not reside, of having the amount of tax paid by him on his land applied on the tuition of his children in case he wishes to send them to the school of such district, docs not extend to the tenant or renter on such land.— Young, p. 207. Pupils attending school in a district of which they are not residents, registered as paying book-rent, shall not be counted for drawing apportionment, under sec. 1321 and 1346, R. L.— Young, p. 185. BOARDS AND OFFICERS. 31 The matter of attendance of non-resident pupils, is to be governed by the school board of the district where such pupils wish to attend, under sec. 1321, R. L.— Young, p. 178. One owning more than eighty acres of land in a district of which he is not a resident, is entitled to send his children to school in such district without pay- ing tuition; but if he owns less than eighty acres, he should be admitted to all benefits of such district upon conforming to such reasonable tuition charges as the board has established for non-residents, and is entitled to have the school taxes he pays to support such district applied upon tuition. In either case he is not entitled to vote at the meetings of the district; construing chapter 445, Laws 1907.— Young, May, 1907. 50. Pupils may receive instruction in adjoining district — The school board of any district, when it deems it advisable, may provide for the in- struction of its pupils in an adjoining district, and in such case may discon- tinue the schools of its own district, or of any grades or departments in said schools, and provide for the free transportation of the pupils of its own district to the school in an adjoining or nearby district. The teachers shall keep the registers separately for the pupils from such district discontinuing its schools, and shall return the registers and make separate records to the clerk of such district and to the county superintendent, of the number and names of pupils, with their attendance, and such district shall retain its or- ganization and shall be entitled to public money, including the special state aid granted to common schools of Class A, under such rules as may be fixed by the superintendent of public instruction, except that public money for non-resident pupils enrolled in the high school department shall go to the district in which the high school is located. Such aid shall be paid from the appropriation made for common schools. (C. 167, 1911, repealing sec. 1322, R. L. 1905.) 51. Dissolution of school districts in certain cases — Any common school district which is unable to raise by taxation at least three hundred dollars ($300.00) for the support of each school in said district by levying the maxi- mum tax rate allowed by law "for that purpose may be dissolved, annulled and discontinued by the county board. A petition requesting the taking of such action shall be presented to said county board and shall contain a cor- rect description of the territory included in said district, the number of per- sons residing therein, the names and ages of all children of school age residing therein, the total assessed valuation of all property within said district and request that such district be dissolved, annulled and dis- continued. Such petition shall be signed by a majority of the freeholders qualified to vote for school officers in said district, and before being pre- sented to the county board it shall be approved by the county superintendent, of schools if such petition meets with his approval, and it shall also be ap- proved by the county board of education. (Sec. 1, c. 500, 1909.) . 52. Petition of county board. — Upon the presentation of such petition approved as aforesaid, the county board shall designate a time for hearing the same and notice thereof shall be given in the manner provided by law for notice in the case of the information of the school district. (Sec. L, c. 500, 1909.) 53. Appeal from action of board — At such hearing the board shall act in a manner similar to the action provided by law for the formation of dis- tricts, and any person aggrieved may appeal in like manner. (Sec. 3, c 500, 1909.) 32 ROA.RDS AND OFFICERS. 54. Territory to come under jurisdiction of county board of education — If said petition is granted by the county board, then said school district shall from that time cease to exist and all of the territory thereof and the schools previously conducted by it shall then come under the jurisdiction of the county board of education of said county, and shall thereafter be man- aged by said county board of education in the same manner as if said dis- trict had never been organized. And it shall be the duty of the officers of said vacated school district to forthwith deliver to the county auditor of said county all of the books and records of said school district, and to the county treasurer all of the moneys and school funds in its possession. (Sec. 4, c. 500, 1909.) 55. Outstanding obligations — All incurred and outstanding obligations of any district so discontinued and vacated shall be and remain a charge upon the property formerly within said district to the same effect as if said district had not been discontinued, and the county auditor shall each year levy against all of the taxable property within the limits of said former school district a sufficient levy, not to exceed the maximum provided by law, for the cancellation and liquidation of such outstanding indebtedness, such levy to be made year after year until said entire indebtedness is can- celled and extinguished. And the amount levied by the county board of education upon all taxable property in unorganized territory shall be levied upon the property within the limits of said former school district in addition to the amount so levied by said auditor and in the same proportion that it is levied upon the taxable property in said county outside of organized school districts. 56. Not applicable to certain counties — This act shall not apply to any county or counties not having a county board of education as provided by chapter 76, General Laws 1907. (Sees. 5 and 6, c. 500, 1909.) 57. Children Permitted to attend school in adjoining district — Mode of procedure — The child or children of any person in this state not resident within the limits of any incorporated city or village of this state, and residing more than two miles by the nearest traveled road from the school- house in the district where such child or children reside, are hereby author- ized to attend school at a school or schoolhouse in an adjoining district nearer to such residence than the said schoolhouse in the said district where such child or children reside, upon such reasonable terms as shall be fixed by the school board of such adjoining district, upon application of the parents or guardian of such child or children. In case such parent or guardian is not satisfied or cannot comply with the terms and conditions fixed and determined by the school board of such adjoining district, and shall apply to the State Superintendent of Public Instruction for that pur- pose, the State Superintendent of Public Instruction shall give such notice of such application to the clerk of the school board of such adjoining district as shall be determined by such Superintendent of Public Instruction, and shall after such notice, decide such application and fix such terms and con- ditions for the attendance of such child or children in such adjoining dis- trict as shall be just and reasonable, and thereupon such child or children may attend such school in such adjoining district upon compliance with the BOARDS AND OFFICERS. 33 terms fixed by such superintendent of public instruction, the same in other re- spects as if resident in the district where such schoolhouse is situated. Provided that nothing herein contained shall be construed as repealing, amending or modifying the provisions of Section 1321, Revised Laws of 1905, as amended by Chapter 445 of the General Laws of Minnesota, 1907. (c. 342, 1911) 58. Additional powers of boards in independent districts — The school board of any independent district may also: 1. Establish and maintain public evening schools as a branch of the public schools, and such evening schools, when so maintained, shall afford a continuous session of not less than two hours on each school day, shall be available to all persons over ten years of age who from any cause are unable to attend the public day schools, and attendance at such evening schools shall entitle such district maintaining the same to its pro rata apportionment of state school funds for all pupils not over twenty-one years of age, the same as if such pupils attended the day schools of such dis- trict. Except as herein provided, such evening schools shall be under the same regulations as day schools of like grade. 2. Establish and maintain one or more kindergartens for the instruc- tion of children above four and under six years of age. 3. Receive, for the benefit of the district, bequests, donations, or gifts for any proper purpose, and apply the same to the purpose designated. 4. Remove for proper cause any member or officer of the board, and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object he has been duly notified, with the reasons of such proposed removal, and after an op- portunity to be heard in his own defence. (1323) 59. Special duties of boards in common school districts — The school board of every common school district shall submit to the annual school meeting an estimate of the expenses of the district for the coming year for five-months school, and for such further time as it may be decided by the meeting to hold school, and for such other specified purposes as the board may deem proper, and, if such meeting shall fail to vote a sufficient tax to maintain a school for such time, the board shall levy such tax; but no such school board shall expend any money or incur any liability for any purpose beyond the sum appropriated by vote of the district for such purpose, or levied by the board pursuant to this section, or on hand and applicable there- to. When the district has decided by vote at any legal meeting to open more than one school, the board shall provide for opening such school or schools, and assign to each a proper number of pupils. (1324) 60. Special duties of board in independent districts — In addition to the duties hereinbefore imposed, the school board of each independent school district shall: 1. Make, and, when deemed advisable, change or repeal, rules relating to the organization and management of such board and the duties of its officers. 2. Provide by levy of tax necessary funds for the conduct of schools, 34 BOARDS AND OFFICERS. the payment of indebtedness, and all proper expenses of the district. (1325) In an independent district, the board, and not the electors, should determine the length of school to be held; under sec. 1325. — Young, p. 181. 61. Duties of clerk. — The clerk shall keep in books provided for that purpose a record of all meetings of the district and the board. He shall, within three days after the meeting, notify all persons elected upon any school board or as officers of any district of their election, and, on or before August 10 in each year, make and transmit to the county superintendent o certified report, showing: 1. The condition and value of school property. 2. The receipts and disbursements in detail, and such other financial matters as may be called for by the state superintendent. 3. The annual arrangement of terms of school, and the grading, if any thereof. 4. The names and postoffice addresses of all trustees and other officers. 5. Such other items of information as may be called for by the state superintendent. He shall enter in his record book copies of all his reports and of the teachers' term reports, as they appear in the registers, and of the proceed- ings of any meeting as furnished him by the clerk pro tem., and shall keep an itemized account of all the expenses of the district; and in common dis- tricts he shall report to the county superintendent the time of commence- ment of each term at least two weeks in advance. He shall furnish to the county auditor or auditors of the proper county or counties, on or before October 10 of each year, an attested copy of his record, showing the amount of money voted by the district or the board for school purposes; shall draw and sign all orders upon the treasurer for the payment of money for bill? allowed by the board for salaries of officers or for teachers' wages, to be countersigned by the chairman. Such orders shall state the consideration, payee, and fund, and the clerk shall take a receipt therefor. Teachers' wages shall have preference in the order in which they become due, and no money applicable for teachers' wages from the current fund shall be used for any other purpose, nor shall teachers' wages be paid from any fund ex- cept that raised or apportioned for that purpose. (1326) The issuance of an order by the clerk of a district to pay the -wages of a teacher known by him not to have been licensed to teach, is an unlawful diversion of the funds of the district, and subjects him to the penalty provided by law. — 31 M. 333. There is no provision of law requiring the civing of a bond by the clerk of a common school district. — Simpson, May 19, 1909. 62. Duties of treasurer — The treasurer shall receive and be respon- sible for all moneys of the district, and shall disburse the same on orders signed by the clerk and countersigned by the chairman, or other vouchers authorized by law. Each order shall state the fund on which it is drawn, the name of the payee, and the nature of the claim for which such order is issued. He shall keep an account of each fund, and of all receipts and disbursements, showing the source of such receipts and nature and purpose of such disbursements, and within three days preceding the annual meeting shall file with the clerk a detailed financial statement of the district, show- ing all receipts and disbursements, and the nature of the same, the moneys on hand and the purpose to which the same are applicable, the credits of the BOARDS AND OFFICERS. 35 district, and its outstanding liabilities, and the nature thereof. Such report, together with his vouchers, shall be examined by the board, and, if found correct, approved by resolution, entered in the records. If incomplete or n- accurate, a further or amended report may be required by the board. Such report, when complete, shall be laid before the annual meeting, to be in like manner approved. He shall make such further reports as may from time to time be called for by the board, and shall perform all duties usually incumbent on such officer. Every order drawn for the payment of teachers' wages, and for any other lawful purpose, after having been presented to the treasurer for payment, and not paid for want of funds, shall be endorsed by the treasurer by putting on the back thereof the words, "Not paid for want of funds," giving the date of indorsement and signed by the treasurer. A record of such presentment, non-payment and indorsement, shall be made by tho treasurer. Every such order shall bear interest at the rate of 6 per cent per annum from the date of presentment, until the treasurer serves a written notice upon the payee or his assignee, personally, or by mail, that he is prepared to pay such order; such notice may be directed to the payee or his assignee at the address given in writing by such payee or assignee to such treasurer, at any time prior to the service of such notice; no order shall draw any interest if such address is not given when the same is un- known to the treasurer. (1327 as amended by Chap. 445, Sec. 2, 1907) When the treasurer has lost district funds by burglary, without his own fault, he and his bondsmen are liable for the loss; and a vote of the district to discharge him from the obligation is of no effect.— 44 M. 427. The treasurer of a district is not required to allow certificates of deposits to remain on deposit in the bank which issued them; but he may convert them into money if he desires. — 9S M. 535. The treasurer who mingles school funds with his own, but who is able and willing at all times to pay' all legal orders of the district, and accounts for all mioney received during his term at the end of his term, is not liable after such accounting and after the end of his term. — 98 M. 535. The practice of county treasurers redeeming district orders out of district funds on hand, instead of paying tho«e funds over to the district treasurer, is rerrehensiMe as liable to abuse, and ought to be discontinued. "Has the treasurer authority to recognize by payment an order signed by the clerk onlv?" It will be observed that it is only when attested by the director that the treasurer is authorized to pay. Paragraph 93 (sec. 71) provides for the payment of orders signed by the director alone in case of the absence, inability or refusal of the clerk to draw orders. — Hahn, p. 509. The law implies that the books and moneys shall be turned over to the newiy elected treasurer at once, when he shall have qualified, and refusal on the part of the old incumbent to thus complv with the law would subject him tlo» prosecution. It is embezzlement for a school district treasurer to refuse to ac- count to his successor in office and withhold from him the moneys of the district. — Childs, June 7. 1893. . „_ . A person who executes any of the functions of a public office without having executed and drlv filed the required security is guiltv of a misdemeanor, and in addition to the punishment prescribed therefor, he forfeits his right to the office. — Penal Code. A failure on the part of a treasurer-elect to execute a bond within the re- quired time makes it the duty of the director and clerk to appoint another treas- urer.— Childs, July 8, 1892. „ , There is no provision of law for a deputy district treasurer. Removal of the treasurer from the di^lrict creates a vacancy in the office which should be filled bv appointment. — Donahower, p. 137. Under sec. 1327, R. I*, the treasurer of a district is legally and morally responsible for all money of the district in his hands. He should not intermingle such money with his own. If he deposits such money in a bank which pays in- terest thereon, the interest belongs to the district. He cannot speculate or make profit out of such funds. — Young, p. 386. Under sec. 1327. R. L., the treasurer of a district is authorized to pay out monev only upon orders signed bv the clerk and countersigned by the chairman; and if he wilfully violates this provision, he may be punished under sec. 4796, R. L., or called to an accounting in a civil action. — Toung, p. 203. Under sec. 1327. R. L., the treasurer must submit a detailed statement of the finances of the district to the board three days before the annual meeting; and 36 BOARDS AND OFFICERS. such statement should be examined by the board and, when complete, should be laid before the annual meeting 1 for approval. If the board is not satisfied with such statement, or has reason to believe it is not correct, it may bring suit upon the bond of the treasurer and try the whole matter in court. — Young, p. 387. The law does not provide that school orders presented to the district treas- urer, and indorsed "Not paid for want of funds," shall be paid by the treasurer in the order in which they have been refused, when there are available funds in the treasury for the payment of such orders, but it is suggested thajt that course of procedure should be followed, and the orders redeemed in the order in which they have been presented and refused, unless there is some good reason for contrary action. — Simpson, May 19, 1909. Two things must concur In order for a school district treasurer to receive compensation: First, approval of his annual report by the board, and after that, a vote of the regular school meeting of the district, fixing his compensation at not exceeding two per cent of amounts disbursed bv him during the year. — Simpson. July 20, 1910. A school district treasurer cannot enter into a contract with the district for the transportation of children to and from school, and if he does so he becomes liable for committing a gross misdemeanor, under section 5032, R. L. 1905. — Simp- son, Sept. 15, 1909. 63. Bond of treasurer — Every school district treasurer shall give bond to the state in a sum equal to twice the amount of money that will probably come into his hands during any one year of his term, to be approved by the hoard and filed with the clerk, conditioned for the faithful discharge of his official duties. The chairman and clerk may at any time require such treasurer to give a new bond, and, upon his failure to give bond as required by this section, they may declare the office vacant, and appoint a successor; provided, however, that if the said bond so furnished by the treasurer be that of a surety company, authorized to do business in the State of Minnesota, then the amount of such bond shall be equal to the amount of money that will probably come into his hands during any one year of his term. (1328 as amended by Chap. 95, 1907) The act of the director and clerk of a district in approving the treasurer's bond is one requiring the exercise of judgment and discretion, and is therefore a judicial act.— 72 M. 37. The statute requiring the treasurer's bond to be in double the amount of money that shall come into his hands, means the aggregate amount that will come into his hands, and not the probable amount that will be in his hands at any one time.— 72 M. 37. 64. Compensation of chairman to be fixed at regular school meeting — The chairman, when present, shall preside at all meetings of the board and of the district, except when a moderator has been chosen; shall counter- sign all orders upon the treasurer for claims allowed by the board; shall represent the district in all actions; and shall perform all the duties usually incumbent on such officer. In case of absence, inability or refusal of the clerk to draw orders for the payment of money authorized by a vote of the majority of the board to be paid, the orders may be drawn by the chairman, and paid by the treas urer, a statement thereof, with a copy of such orders, being delivered to the clerk by the treasurer, or the office of the clerk may be declared vacant by the chairman and treasurer, and filled by appointment. The chairman may receive as compensation such an amount as may be determined at the regular school meeting of the district, but such compensa- tion shall not exceed six dollars in any one year. (Sec. 1330, R. L. 1905, as amended by c. 445, 1907, as amended by c. 240, 1911) 65. Duties of superintendent — The superintendent in independent or special districts shall visit the schools of the district, and exercise a general supervision over them, and report their condition to the board, with proper BOARDS AND OFFICERS. 37 recommendations, when he deems it advisable, or when requested by the board. He shall superintend the grading of the schools and examinations for promotion, and shall perform such other duties as the board shall prescribe. He shall make, either directly to the state superintendent, or through the county superintendent, such reports as shall be required. (1331) 66. Compensation of treasurer — The treasurer of such district may re- ceive as compensation such an amount as may be determined at the regular school meeting of the district not exceeding two per cent of amounts dis- bursed by him during the year and to be allowed only after his annual report shall have been approved by the board. (1333) Under sec. 1333. R. L., the compensation of the treasurer is limited to the sum voted him by the district, not exceeding two per cent of the amounts disbursed by him during' his term of office. He is not entitled to percentage on sums dis- bursed by his predecessor. — Young, p. 387. 67. Compensation of clerks of common districts — The clerk of each common district shall be paid at the rate of two per cent of the cash dis- bursements for the year, upon making his annual report to the superintendent as required by law accurately and in proper time; but such compensation shall not exceed six dollars in any one year, unless a greater compensation has been voted at a meeting of the district upon a notice stating that action would be had at such meeting respecting such increase of compensation. Such payment shall be made by the treasurer upon a certificate of the superintendent that such clerk is entitled thereto. (1332) Under sec. 1332 and 1333, R. L., a clerk of a common district is entitled to no more than $fi per year compensation, unless more is voted him at a meeting of the district, held upon notice stating that action will be taken at such meet- ing on such increase of compensation. The treasurer is entitled to two per cent on the amounts disbursed by him, but only after approval of his fennuafl account by the board. A director is not entitled to conpensation. — Young, p. 202. 68. Same — (Independent districts — Other pay pirohibited — The clerk, treasurer, and superintendent of independent districts shall receive such compensation as may be fixed by the board. No officer or member of any school board shall receive pay as such, except as provided in this chapter. (1334) 63. Appointment of clerk. — The board of education in any special school district at its annual meeting for organization, may, at rts option, appoint as its clerk or secretary a person not a member of such board, and may make provision for his compensation in accordance with existing law. (C. 277, 1909, repealing all general or special inconsistent acts.) 70. Opinion of attorney general — If any difference of opinion arises be- tween school officers, or any doubt as to the proper construction of any part of this chapter, or as to their powers or duties, the state superintendent, at the request of any such officer, shall submit such question to the attorney general, who shall give his written opinion thereon to such superintendent, and such opinion shall be binding until annulled or overruled by a court. (1335) 38 DEPOSITORIES FOR SCHOOL DISTRICT MONEYS. CHAPTER IV. DEPOSITORIES FOR SCHOOL DISTRICT MONEYS. 71. School officers may select depositories — The officers of the several common and independent school districts in this state may in their discretion, select and designate as a depository or depositories for school district moneys, any national or state bank, or banks, for a period not exceeding three years on the execution of such bank or banks of a sufficient bond to the school district in double the sum deposited, except in cases where the bond furnished is that of a surety company authorized to do business in the state of Minnesota, and in such cases the amount of bond shall be equal to the estimated sum to be deposited, to be approved by the board and filed in the office of the county auditor of the county wherein said school district may be situated, and thereupon may require the treas- urer to deposit all or any part of the school district's money in such bank or banks. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, be signed by the chairman and clerk or president and clerk, as the case may be, and filed with the clerk. That thereupon such bank or banks shall become a legal depository or depositories for school district moneys and thereafter the school district treasurer shall deposit such school district moneys therein as he shall be required from time to time to de- posit by such school district officers. (C. 133, 1907, as amended by c. 332, 1909.) 72. Treasurer to be exempt from liability — The school district treasurer and the sureties on his bond shall be exempt from liability to the school dis- trict by reason of the loss of any funds of such school district deposited in any such bank or banks from the failure, bankruptcy or other acts of such bank or banks to the extent and amount of such funds in such bank or banks at the time of such failure or bankruptcy, (c. 133, 1907, as amended by c. 332, 1909.) If a school board has properly designated a bank as a depository, a proper bond having been furnished and accepted, it becomes the duty of the treasurer to deposit the funds of the district in such bank, and, failing to do so, he is per- sonally responsible for such funds, and if they are lost he and his bondsmen can be held therefor. Action in mandamus will lie to compel him to deposit the funds in the designated depository — Simpson, Aug. 19, 1909. 73. Interest computed monthly — All interest on moneys deposited, as hereinbefore provided, shall be computed on monthly balances, and become the property of said school district, (c. 133, 1907, as amended by c. 332, 1909.) 74. Officers not allowed additional compensation — No additional com- pensation or fees shall be paid any of the school district officers by reason of any of the provisions of this act. (C. 133, 1907, as amended by c. 332, 1909.) BONDS. 39 CHAPTER V. BONDS. 75. Bonds, how issued — The trustees or board ol education of any school district in this state, whether such district be organized by or under any special law of this state, or otherwise, are hereby authorized and fully em- powered to issue the orders or bonds of their respective districts, witb coupons, in such amounts and at such periods as they may be directed by a vote of a majority in favor thereof of the legal voters present and voting at any annual meeting, or at any special meeting, called for the purpose, of the dis- trict; said orders or bonds to be payable in such amounts and at such times, not exceeding fifteen years, as the legal voters thereof at such meeting shall determine, with interest not to exceed seven per cent per annum; which orders or bonds and coupons shall be signed by the directors and counter- signed by the clerk of said district, or by the president of [the] board of education and the clerk of the board of education. (3688 as amended Dy Chap. 272, 1905.) 76. Vote required — No bonds of a school district shall be issued without the approval, first obtained, of a majority of the legal voters, present and voting, at a special election called for the purpose, or at any annual meeting, in the notice whereof, the proposed issue shall have been plainly submitted for approval or rejection. (3688 as amended by c. 272, 1905.) Authority given to i«=ue bonds for a school house implies the power to sell them.— 17 M. 412 ("Gil. 3911. The minutes of a meeting upon the issuance of bonds were kept by the secre- tary, and the next day he transcribed them into the records. In such case the records, and not the minutes, are the original; and such record is the evidence. — 17 M. 412 (Gil. 391). Notice of special meeting to vote upon the issue of bonds should state the hour of opening and closing the polls. — Young, April 24, 1908. 77. Bonds, for what purpose — When the voters of a school district shall have resolved that it is expedient to borrow money for one or more of the purposes hereinafter named, and a proposition so to do shall have been duly submitted to and approved by the voters, the bonds of such school district, including special and independent districts, whether lying within a city or village, or not, may be issued for the purchase of sites for school houses and for defraying the expenses incurred and to be incurred in build- ing, rebuilding, remodeling, repairing, and furnishing school houses, and in- stalling heating and ventilating and plumbing plants in the same, and equip- ping the same with libraries, apparatus, and other school furniture. (784, amended by c. 261, 1909.) 78. Bonds and loans from the state — The state loans money on school bonds at a rate not less than four per cent per annum, and for such time as may be determined. If a district wishes to borrow money from the state, application should be made to the State Auditor at St. Paul, for necessary blanks and full information. Consult, also, the law authorizing such loans, (c. 122, 1907) 40 BONDS. 79. Certain districts not to issue bonds or evidence of indebtedness without authority — No independent school district situate wholly or in part within any city having a population of more than fifty thousand, and now empowered to issue bonds, either with or without the approval of the voters of such district, shall have power to issue any bonds or any evidence of in- debtedness, unless first thereunto authorized by a two-thirds vote of the legislative body of the city within which such school district is situate in whole or in part. (Sec. 1, c. 363, 1911) 80. Can be issued only under certain conditions — No such school dis- tract shall have power to issue bonds or any evidence of indebtedness run- ning more than two years, whenever the aggregate of the outstanding bonds and evidences of indebtedness of such district equals or exceeds three and one-half per cent of the assessed value of all the taxable property within such school district. (Sec. 2, c. 363, 1911) 81. Certain bonds exempt from taxation — Bonds and certificates of indebtedness hereafter issued by the state of Minnesota * * * * * or by any common or independent school district of said state. * * * * * shall hereafter be exempt from taxation, provided that nothing herein con- tained shall be construed as exempting such bonds from the payment of a tax thereon as provided for by Chap. 288, Laws 1905, when any of such bonds constitute, in whole or in part, any inheritance or bequest, taken or received by any person or persons or corporation, (c. 242, 1911.) 82. Investment — The treasurer of any school district in the state is authorized to invest any of the sinking funds in his hands belonging to such school district in bonds of the State of Minnesota, or of any other state, or in bonds of any county, school district, city, town or village of the state, but no investment shall be made in bonds issued to aid in the construction of any railroad; provided, however, that the net return of any such invest- ment, taking into account the price paid for the bonds, the date when the same shall fall due and the rate of interest thereon, shall be at a rate not less than 3% per cent per annum for the whole period elapsing before the maturity thereof; and provided further, that any such investment shall be made only after the same has been duly authorized at a general or special meeting of the boiwd of directors or trustees of such school district. (Chan. 354, Sec. 1, 1907) 83. Liability of treasurer— For any loss occurring by reason of the de- preciation of ar.y securities purchased under the provisions of this act, or by reason of the failure to pay the same, or any part thereof, on the part of the public body or corporation issuing the same, the treasurer making the investment and the sureties upon his official bond as such shall not be liable. (Chap. 354, sec. 2, 1907.) ACTIONS. 41 CHAPTER VI. ACTIONS. 84. Actions by districts — Any school board may prosecute actions in the name of the district in the following cases: 1. On a contract made with the district, or with the board in its official capacity; 2. To enforce a liability, or a duty enjoined by law, in its favor or in favor of the district; 3. To recover a penalty or forfeiture given by law to it or to the dis- trict; or 4. To recover damages for an injury to the rights or property of the district. (1457) When a trustee renders himself liable to a penalty, though the cause of action for the penalty is in the district, the action may be brought by a director or a freeholder in his own name.- — 31 M. 227. 85. Actions against districts — An action may be brought against any school district, either upon a contract made with the district or its board, in its official capacity, and within the scope of its authority, or for an injury to the rights of the plaintiff arising from some act or omission of such board, whether the members of the board making the contract, or guilty of the act or omission complained of, be still in office or not. (1458) Where a district has changed its name, an action against it should be brought by its new name.— 7 M. 203 (Gil. 145). A judgment entered against a school district by collusion between the plain- tiff and one of the trustees, may be set aside, on a proper application, and a de- fense on the merits interposed. — 45 M. 8S. Where the trustees knowingly neglected to defend in an action against the district, allowing judgment to go by default, the court may, in its discretion, open such judgment, upon application made immediately after change of trustees. — 89 M- 477. A complaint on an order of a district which failed to allege the consideration for the order, or that there were funds applicable to its payment, held good as against objections raised for the first time at the trial. — 91 M. 41. 86. Action when trustees resign, etc. — In case the trustees of any school district which has contracted an indebtedness shall remove or re- sign, and none are elected or appointed in their stead, an action to recover such indebtedness may be begun by service of the summons upon the county auditor, and any taxpayer of the district may defend such action in its behalf, or the auditor may be required by the voters of the district to defend the same upon being indemnified against the costs and expenses of such defense. (1462) CHAPTER VII. JUDGMENTS. 87. Judgment paid by treasurer — Except as hereinafter provided, no execution shall issue upon any judgment against a school district for the re- covery of money. Unless the same be stayed by appeal, the treasurer shall pay such judgment upon presentation of a certified copy thereof, if he has 42 JUDGMENT. sufficient money of the district not otherwise appropriated. If he fails to do so, he s.hall be personally liable for the amount, unless the collection be afterward stayed. (1459) A judgment against a district can be paid only out of money not otherwise appropriated.— 43 M. 495. The treasurer of the district can pay a judgment against the trustees only out of money not otherwise appropriated. He has no authority to pay jt out of moneys applicable only to other specific purposes. — 43 M. 495. 88. Failure to pay — Tax levy — If such judgment is not satisfied, or stayed by appeal or otherwise, before the next annual meeting of the district, a certified copy thereof may be presented at its annual meeting, whereupon the district shall cause the amount of the judgment, with interest, to be added to the tax of said district. If such tax is not levied and certified to the county auditor on or before October 1 next after presentation as afore- said, a certified copy thereof may be filed with such auditor at any time be- fore he has extended the tax of such district, with an affidavit showing the amount remaining unpaid thereon, and the fact of such presentation to the district. Thereupon the auditor shall at once levy and extend such amount as a tax upon the property taxable within the district. (1460) 83. When execution may issue — If the judgment is not paid within thirty days after the time whe'n the proceeds of such levy become payable by the county treasurer of the district, execution may be issued thereon, to which any property belonging to the district shall be liable. (1461) 90. Judgment, how satisfied — If judgment is recovered in any such action, the auditor, upon a certified copy thereof being filed with him, shall levy and extend upon and against the property taxable within the district an amount sufficient to pay the same, with interest. When such tax, or any part thereof, is collected, the county treasurer shall pay the same to the holder of the judgment until it is satisfied in full. And for this purpose the treasurer may use any money coming into his hands from taxes levied prior to the judgment for the payment of the same indebtedness. (1463) CHAPTER VIM. PENALTIES. 91. Excluding or expelling pupils — Any member of any public school board or board of education of any district, who without sufficient cause, or on account of race, color, nationality, or social position shall vote for, or, be- ing present, shall fail to vote against, the exclusion, expulsion, or suspension from school privileges of any person entitled to admission to the schools of such district, shall forfeit to the party aggrieved fifty dollars for each offense, to be recovered in a civil action. (1402) A school board has no authority to exclude a child of school age from school during any portion of the school year, and such child is entitled to admission when- ever the minimum age is reached, whether the same be at the beginning or during any part of the ensuing term or year. — Simpson, March 4, 1909. The fact that parents pay no taxes in no way affects the right of their chil- dren to attend school, nor is such right affected by the manner of living of such PENALTIES. 43 parents, and while it is not incumbent upon local school districts to educate chil- dren of Indian parents who are wards of the government, and have not severed their tribal relations, yet an Indian who has become a citizen of the state, and is a voter, occupies a different position, and the children of such person would be entitled to attend school. — Simpson, Sept. 8, 1909. 92. Penalty for failure to pay teachers' wages — Any treasurer who uses money applicable for teachers' wages for any other purpose shall be person- ally liable to any teacher who becomes entitled to any part of such fund for such amount to be recovered in a civil action against such treasurer and the sureties on his official bond. (1329) 93. Improper classification — No district shall classify its pupils with reference to race, color, social position, or nationality, nor separate its pupils into different school or departments upon any of such grounds. Any districc so classifying or separating any of its pupils, or denying school privileges to any of its pupils 'upon any such ground, shall forfeit its share in all ap- portioned school funds for any apportionment period in which such classifica- tion, separation, or exclusion shall occur or continue. The state superin- tendent, upon notice to the offending district, and upon proof of the violation of the provisions of this section, shall withhold in the semi-annual appor- tionment the share of such district, and the county auditor shall thereupon exclude such district from his apportionment for such period. (1403) 94. Refusing to serve on school board — Any person accepting an elec- tion or appointment upon any school board, and refusing or neglecting to qualify or to serve, or to perform any of the duties of such office, shall forfeit for each offense the sum to ten dollars, to be collected in an actiovi before a justice of the peace, to be prosecuted in the name of the district by its director or other proper officer, or by any freeholder thereof. (1404) Where, at a regular school district meeting, it is voted to have a school kept for a specified time and sufficient funds are provided, the trustees render them- selves liable to the penalty imposed by this section, as amended by Laws 1879, c. 41, by neglecting, without excuse, to provide the school the specified time. — Soule vs. Thelander, 31 Minn. 227, 17 N. W. Rep. 373. 95. Failure of clerk to report — Any clerk of a school district who fails to make any report required of him by law shall forfeit not less than five dollars nor more than fifty dollars for the use of the district. (1405) 96. Drawing illegal order — Any school district clerk who shall il- legally draw an order upon the treasurer, any chairman or other officer who shall attest such order, and any school district treasurer who shall know- ingly pay the same, shall each forfeit to the district twice the amount of such order to be collected in an action brought in the name of the district by any freeholder thereof. (1406) The issuance of an order b,y a school clerk for the payment of the wages of a teacher known to him not to have been licensed to teach, subjects him to a penalty.— 31 M. 333. Under this section the issuance of an order by a school district clerk, drawn by him upon the treasurer for the payment of the wages of a teacher known to him not to have been licensed to teach, and paid out of the funds appropriated for teachers' wages, is an unlawful diversion of public school funds from their legitimate channel, and subjects him to the penalty prescribed. — School District No. 10 vs. Thelander, 31 Minn. 333, 17 N. W. Rep. 866. 97. Neglecting to keep or deliver records — Any school district clerk who shall neglect to keep the books and records of his office in the manner prescribed by law, or shall wilfully refuse to deliver such books and records 44 PENALTIES. to his successor in office, shall forfeit to the use of the district the sum of ten dollars for each offense. (1407) 98. Dealing in school supplies. — No teacher, nor any state, county, town, city, or district school officer, shall be interested directly or indirectly in the sale, proceeds, or profits of any book, apparatus, or furniture used or to be used in any school with which he is connected. Any person violating any of the provisions of this section shall forfeit not less than fifty dollars nor more than two hundred dollars for each such offense. But this section shall not apply to a teacher who may have an interest in the sale of any book of which he himself is the author. (1410) It is not within the reason of the statute to prohibit a person who chances to be an officer or teacher in a given county or school district from engaging in the sale of such books or apparatus elsewhere than in his county or district. In- deed, it is obvious that the prohibition in terms does not reach sales made else- where.— Childs, April 27, 1896. 99. Failure of auditor to report — Any county auditor who shall fail to make to the state superintendent of public instruction any report of appor- tionment required by law shall forfeit for the benefit of the school fund of the county the sum of fifty dollars. (1408) 100. Failure of county superintendent to report — Any county superin- tendent who shall fail to report to the county auditor the abstract of district clerks' and teachers' reports required by law, or to make his statistical re- port to the state superintendent, shall forfeit to the school fund of the county for each such omission fifty dollars, to be deducted from his salary by the county board. (1409) 101. Duty of officers to report violations of law — Every officer to whom reports are required by this chapter [compulsory education law] to be made, and for the failure to make which a penalty of fine or forfeiture is provided, shall give immediate written notice of such failure to the delinquent and to the proper county attorney. Such county attorney shall thereupon in- stitute proper proceedings to collect such penalty, fine, or forfeiture. Upoa complaint of the county superintendent, or whenever it comes to his knowl- edge that any school officer has violated any provision of this chapter, for which violation a penalty, fine, or forfeiture is provided, such attorney shall institute like proceedings. (1411) School officers against whom charges have been made of illegal acts, can hold respective offices until removed by competent authority. — Simpson, March 18, 1909. Where, at the annual school meeting, it was determined that there should he six months' school, a three months' term beginning the first Monday in October, and another three months' term beginning the first Monday in February, but a majority of the school board, disregarding the action of the annual .meeting-, de- cided to commence the second term on the second Monday in January, instead of February, the two members of the board voting for and causing such change would not be subject to a fine covering the extra cost, if any, of the January school expenses. — Simpson, March 19, 1909. 102. Use of tobacco by minors and pupils — Every person under the age of eighteen years, and every minor pupil in any school, college, or university, who shall smoke or use cigarettes, cigars or tobacco in any form on any public road, street, alley, park or other lands used for public purposes, or in any public place of business, shall be guilty of a misdemeanor, and pun- ished for each offense by a fine of not more than ten dollars, or by imprison- FUNDS AND APPORTIONMENTS. 45 ment in the county jail for not more than five days; and every person who shall furnish any cigarettes, cigars, or tobacco in any form to any such minor person, or who shall permit any such minor person to frequent any premises owned, held, or managed by him, for the purposes of indulging in the use of cigarettes, cigars, or tobacco in any form, shall be guilty of a misdemeanor, and punished by a fine of not more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days, for each offense. (4938) 103. Injury to house of worship, school buildings and school property — Every person who shall wilfully and without authority, break, deface, or otherwise injure any house of religious worship, or any part thereof, or any appurtenance thereto, any ornament, musical instrument, articles of silver or plated ware, or other chattels kept therein, for use in connection with re- ligious worship, or who shall wilfully break, deface, or otherwise injure any school house or appurtenance, or other public building, or who shall wilfully break, deface, or injure any globe, map or chart, or any other article kept and used in connection with such school house or other public building, shall be guilty of a gross misdemeanor, and punished as follows: 1. If the value of the property broken, defaced, or injured is thereby diminished by an amount less than one hundred dollars, by imprisonment for not more than ninety days, or by a fine of not more than one hundred dollars, or by both. 2. If the value of such property shall be diminished more than one hun- dred dollars, by imprisonment for not less than six months nor more than two years. In addition to the punishment herein prescribed, he shall be liable in treble damages for the injury done, to be recovered in a civil action by the owner of the property, or by the public officer having charge thereof. (5139) CHAPTER IX. FUNDS AND APPORTIONMENTS. 104. State apportionment of school funds — The state superintendent shall apportion the available current school fund among the counties on the first Monday of March and of October in each year, in proportion to the number of scholars of school age entitled to apportionment therein. No scholar shall be counted more than once in any county, which shall be in the district in which his parents or guardians reside, if such scholar has attended school and is entitled to apportionment therein. But no district shall be entitled to any portion of said fund that has not had at least five months of school term within the year, conducted pursuant to the provisions of this chapter, nor shall any district be entitled to any part of said fund for any pupil who has not attended school at least forty days within such year. (1397) 46 FUNDS AND APPORTIONMENTS. A district to be entitled to apportionment must not only have had a school taught the required time during- the school year, which ends July 31st, but must also have made, through its teachers, the requisite term reports to the county superintendent, who, in turn, must have reported it to the state superintendent of public instruction on or before September 20th. "Can the enrollment of evening- schools, conducted by the regular corps of teachers, be reported for apportionment?" They can. There is nothing in the law requiring the apportionment to be made to day scholars only. — Hahn, p. 491. A ten months' term of one-half day sessions is not in compliance with the statute requiring a five months' term of full session, as a condition precedent to the right to receive a share of the current school fund. — Douglas, April 25, 1899. 105. State auditor to draw warrant — Standing appropriation — Upon re- ceiving a copy of such, apportionment, the state auditor shall draw his war- rant on the state treasury, payable to the state treasurer, for the amount due each county. The state treasurer shall apply such amount in his semi- annual settlement with each county named in the apportionment, and, if the amount due any county shall exceed the amount due from such county for state taxes, shall forthwith transmit to the county treasurer the amount of such excess. There is hereby annually appropriated from the current school fund the amount of such apportionments. (1398) 106. County apportionment — The county auditor on the last Monday in March and October of each year shall apportion among the districts entitled thereto the amount apportioned from the current school fund and the amount received from liquor licenses, fines, estrays, and other sources, be- longing to the general school fund, upon the same basis provided for the state apportionment, and such money shall be used only for the payment of teachers' wages; but no district shall receive any part of the money re- ceived from liquor licenses unless all sums paid for such licenses in such district are apportioned to the county school fund, and no district shall receive in any year from the apportioned fund a greater amount than that appropriated by such district from its special and local one-mill tax for that year, unless such district has levied for such year the maximum amount allowed by law for school purposes. (1399) Anv delav which does not affect the apportionment may be disregarded, but the absence of reports justifies the auditor in leaving districts out of the ap- portionment whose reports are not in. — Cole, p. 111. If it appeared that the district had made ample provision for a school as required bv law, they would be entitled to their apportionment if their failure to maintain the school was due to no fault of theirs, as the prevalence of diptheria.— Clapp, .Tulv 9. 188S. Moneys withheld from districts pursuant to the last proviso in this section mav be distributed among such districts upon a proper basis, as have complied with the requirements of the law in such respects. — Childs, Nov. 26, 1S95. 107. Apportionment to schools in new districts — Any district which for the first year after its organization has made provision for a four-months school by the levy of a sufficient tax, and has maintained a legal school for one month, shall receive its share in the first succeeding apportionment, in proportion to its actual enrollment. Such enrollment shall be reported as in other cases, and the number of pupils so returned shall be included by the state superintendent and the county auditor in their apportionment. (1400) 108. Report of county apportionment, etc.— The county auditor, on the first Wednesday after such apportionment, shall report to the state super- intendent the amount apportioned to each district, the sources from which such money was received, the aggregate number of pupils in the county, TAXES. 47 and the number of districts sharing in the apportionment. He shall also, immediately after the qualification of the county superintendent, report to the state superintendent his name and postoffice address. (1401) 109. Funds from fines and penalties — School funds are also derived from liquor licenses and from fines and penalties under the provisions of the fol- lowing sections of the Revised Laws of 1905, to-wit: 1539 as amended by Chap. 433, 1907; 1554, 1555, 1643, 2033, 2308, 2319, 2326, 2372, 2553, 2732, 2731, 2774, 2938 and 5129. CHAPTER X. TAXES. 110. State school tax — There shall be levied annually upon the taxable property of the state a tax of one and twenty-three one-hundredths mills on the dollar, to be known as the state school tax, of which one mill on the dollar shall be added to the general school fund, which shall then be known as the current school fund, and the remainder of such tax shall be added to the university fund. (1412) 111. County school tax— District tax — The county auditor shall extend upon the tax lists of the county, in the same manner as district school taxes are extended, a tax of one mill on the dollar of the taxable property in each district, to be known as the county school tax, and be credited to the school district in which the property taxed is situated. The tax levied by school districts shall be known as the district school tax. (1413) 112. City, village, town, and school district taxes — The taxes voted by cities, villages, towns, and school districts shall be certified by the proper authorities to the county auditor, on or before October 10 in each year. (869) 113. Contracts in excess void — Liability of officers- — It shall be unlawful for the authorities of any county, town, city, village, or school district, un- less expressly authorized by law, to contract any debt or incur any pecuniary liability for the payment of either the principal or the interest of which during the current or any subsequent years it shall be necessary to levy a rate of taxes higher than the maximum prescribed by law. Every such contract shall be null and void in regard to any obligation thereby sought to be imposed upon such corporation; but every officer, agent, or member thereof who participates in or authorizes the making of such contract shall be individually liable for its performance. Every such officer or agent who is present when such contract is made or authorized shall be deemed to participate in or authorize the making thereof, as the case may be, unless he enter or cause to be entered his dissent therefrom in the records of such corporation. (874) 114. District school taxes — In common districts the school tax shall not exceed fifteen mills on the dollar for the support of the schools, or ten 48 STATE AID TO SCHOOLS. mills for the purchase of school sites and the erection and equipment of school houses; but in such districts in which such ten-mill tax will not pro- duce six hundred dollars a greater tax may be levied for school sites and buildings, not to exceed twenty-five mills on the dollar nor six hundred dol- lars in amount. In common districts having less than ten voters the dis- trict school tax shall not exceed four hundred dollars. In independent school districts no tax in excess of eight mills on the dollar shall be levied for the purchase of school sites and the erection of school houses. In special dis- tricts such amounts may be levied as may be allowed by special law at the time when the Revised Laws take effect. (Sec. 1414, Revised Laws 1905, as amended by c. 458, 1909.) County officers have nothing- to do with levying- school taxes for independent districts, except to extend them on the tax lists and collect them. The district determines the amount. — 71 M. 283. Levy by an independent district in separate funds authorized. — 75 M. 456. The board of an independent district has power to levy taxes for the support of the schools of the district in excess of the 15 mills on the dollar. — 87 M. 234. Provisions of chap. 36. Laws 1891. which take away from the school board of St. Paul the right to determine the annual expenditure, and vest the power in the city council, held valid; that the board has no power to create an indebtedness against the city until the annual appropriation is made by the council; and that all persons, including teachers, are bound by its provisions. — 75 M. 514. The school board, and not the electors, of an independent district has the power to levy taxes and to determine the length of school to be held. — Young, June, 1906. The limitation of 15 mills for the maintenance of schools and 10 mills for erection of school house includes all taxes levied for school purposes, including tax to meet interest and principal of bonds, under sec. 1414, R. L. — Dougles, p. 137. 115. Tax levy — In all districts having fifty thousand (50.000) inhabi- tants or more there may be levied, independently of and in addition to other sums for school purposes authorized by law an amount not to exceed 4 mills on the dollar, for the purchase of school sites and the erection, repair, fur- nishing, and fitting of school buildings, payment of teachers' salaries and the general maintenance of the schools, which amount, to the extent of three and one-half mills only, may be appropriated to general maintenance, and the remainder to one or more of such other uses; provided, that the total levy in any such district for the maintenance of the schools shall not exceed eight mills on the dollar. (1414 as amended by chap. 308, 1907.) 116. Taxes to be certified — The taxes voted by school districts shall be certified by the proper authorities to the county auditor on or before October 10 in each year. (869) CHAPTER XI. STATE AID TO SCHOOLS. 117. Standing appropriation for schools — There is hereby appropriated annually out of any moneys in the state treasury not otherwise appropriated the following sums: 1. For aid to high schools, two hundred and seventeen thousand dollar.-:. 2. For aid to graded schools, seventy-nine thousand dollars. 3. For aid to semi-graded schools, sixty-seven thousand dollars. STATE AID TO SCHOOLS. 49 4. For aid to common schools, one hundred thousand dollars. 5. For necessary expenses of high school board, and salaries and ex- penses of high and graded school inspectors and examiners, ninety-five hun- dred dollars, to be drawn from the appropriation for high and graded schools in proportion to the amounts respectively apportioned to each. Such sums, or such part of said sums as may be necessary, together with any further sums appropriated for such aid, shall be available August 1 of each year. (1416) 118. Limit of high schools aided — Not more than nine high schools ia the same county shall be included in any apportionment, and any high school so included shall receive aid for at least two years, if it continues to comply with the requirements of law and to do efficient work. In case any high school in a county already having nine aided high schools shall apply for aid, the board may admit such school to apportionment in place of the first school that has received such aid for two years. (1418) 119. Payment of apportioned fund — The high school board shall certify to the state auditor the schools to which it has apportioned the appropria- tion, and the amount apportioned to each. The auditor shall draw his war- rant on the state treasurer for the amount due on account of each school, and transmit the same to the proper school board. (1419) 120. Aid to certain high schools for teachers' training — In addition to the amount hereinbefore provided, seven hundred and fifty dollars a year is hereby appropriated out of the general revenue fund to each high school having a four-year course, and organized classes in each of the four grades therein, which shall provide special normal instruction in the common branches. The schools entitled to such aid shall be determined annually by the high school board, and the money paid in the same manner as pro- vided in case of other high schools. (1420) 121. Apportionment — The board shall apportion the amount appropriat- ed for such schools equally among the high schools and the graded schools entitled thereto, but no high school shall receive more than seventeen hun- dred and fifty dollars per year, nor any graded school more than six hundred dollars per year; nor shall the amount so paid any high school exceed its actual expenditure for such work, exclusive of building and repairs, nor shall any graded school connected with, or in the same district with, an aided high school, share in such apportionment. (Sec. 1417, R. L. 1905, as amended by c. 334, G. L. 1909.) 122. What common schools may receive aid — For the purpose of fixing state aid for common schools, said schools are hereby classified as follows: Districts employing a teacher holding at least a first grade certificate and maintaining school for not less than eight months in the school year, shall be known as Class A; districts employing a teacher holding at least a second grade certificate and maintaining school for not less than eight months in the school year shall be known as Class B; districts employing a teacher holding at least a second grade certificate and maintaining school for not less than seven months in the school year shall be known as Class C. Districts coming under any one of these classes which have maintained 50 STATE AID TO SCHOOLS. a school the required number of months in the preceding school year, which have suitable buildings, library and other apparatus and conveniences, and comply with such rules as may be fixed by the superintendent of public in- struction for maintaining an efficient school, may receive state aid for eacb such year in said district; provided that the aggregate attendance in days by children in either class of rural schools shall not be made a rule for granting such aid. (Sec. 1421, R. L. 1905, as amended by c. 334, G. L. 1909, as amended by c. 60, 1911.) 123. Apportionment to be made by state superintendent — The state superintendent shall annually apportion to such semi-graded and common schools as he shall find entitled to state aid the amount appropriated for such schools, in equal amounts to all schools of the same class, but no semi-graded school shall receive more than three hundred dollars ($300 > nor any common school under Class A more than one hundred and fifty dol- lars ($150), nor any common school under Class B more than one hundred dollars ($100), nor any common school under Class C more than seventy- five dollars ($75) in any apportionment. The state superintendent shall certify to the state auditor a list of districts of each class to which such aid is apportioned, and the amount apportioned to each. Such amount shall be paid in the same manner as state aid to high schools. (Sec. 1423, R. L. 1905, as amended by c. 334, G. L. 1909, as amended by c. 60, 1911.) The provisions of chap. 148, Laws 1901, do not operate as conditions, additional to those prescribed by chap. 352 of the Laws of 1899 for receiving state aid. — Douglas, p. 135. Districts not located in cities are entitled as such to receive state aid for their high schools, graded schools and semi-graded schools; but not for their rural schools. — Toung, January, 1906. A common school district, not located in any incorporated city or village, which has a high school, graded school, semi-graded school and rural school, is entitled to receive state aid for the benefit of its high school and each of its graded or semi-graded schools, but not on account of its rural schools, under chap. 352, Laws 1899, now sec. 1416-1422, R. L.— Young, p. 187. 124. Payment of appropriations — The appropriations made by law i;i aid of high schools, graded schools, semi-graded schools and rural or com- mon' schools shall be paid in the following manner: On or before the first (1st) day of October in each year, it shall be the duty of the state superin- tendent of public instruction to deliver to the state auditor a certificate in duplicate for each class of schools in each county of the state entitled to receive the state aid expressly appropriated by law for such purposes. Upon the receipt of such certificate, it shall be the duty of the state auditor to draw his warrant upon the state treasurer in favor of the county treasurar for the amount shown by each certificate to be due to the several schools therein enumerated. The state auditor shall transmit such warrant or warrants to the county auditor, together with a copy of the certificate prepared by the superintend- ent of public instruction. (C. 142, G. L. 1905.) 125. Five hundred dollars additional grant to certain graded schools — The high school board is authorized and directed to make an additional grant of not to exceed five hundred dollars ($500) to such graded schools as, in addition to meeting all the requirements of a state graded school, shall maintain a course or courses equivalent to two years of high school work, and shall meet the requirements of the state high school board as to en- STATE AID TO SCHOOLS. 51 rollment, valuation and population, and such additional requirements as the board may determine. Such aid shall be paid from the appropriations for high schools and graded schools in as nearly proportionate amounts as may be. (Sec. 1, c. 444, 1909.) 126. High or graded schools to receive $1,000 additional for maintaining certain courses — Any high school or graded school which shall maintain such a course as the high school board of this state shall prescribe in agri- culture and either in home economics or in manual training shall receive annually, in addition to other aid, the sum of one thousand dollars ($1,000) for maintaining such industrial courses, to be paid from the appropriations made for state aid to high and graded schools. (Sec. 1, c. 91, 1911.) 127. Not applicable in certain cases — This aid shall not be paid to any school receiving aid under any other act, for the maintenance of industrial courses. (Sec. 2, c. 91, 1911.) 128. Designation of agricultural and industrial departments — Any high school, graded school or consolidated rural school having satisfactory rooms and equipment, and having shown itself fitted by location and otherwise to give training in agriculture, may, upon application to the state high school board of this state, be designated to maintain an agricultural and industrial department to consist of courses in agriculture, manual training and home economics. (Sec. 1, c. 247, G. L. 1909, as amended by sec. 1, c. 82, 1911.) 129. Employment of trained instructors — Each of such schools shall employ trained instructors whose qualifications may be fixed by said high school board, in agriculture, manual training and home economics, including cooking and sewing. Each school shall have connected with it a tract of land suitable for school garden and for purposes of experiment and demon- stration, containing not less than five acres, and located within the school district or within two miles of the central buildings of the school district. (Sec. 2, c. 247, G. L. 1909, as amended by sec. 2, c. 82, 1911.) 130. Free to residents of district — Tuition to be paid by non-residents — Character of instruction — Instruction in such agriculural and industrial de- partment shall be free to all residents of the district. Said state high or graded schools or any associated school organized under the provisions of this act may charge non-resident pupils attending and receiving instruction in such department tuition to be fixed by the board of any such district, not exceeding $2.50 per month for each such pupil; said tuition so fixed shall be a legal charge against the school district in which said non-resident pupil resides and shall be paid by such school district out of the funds of such dis- trict upon presentation to the clerk of such district of a statement signed Dy the clerk, superintendent or principal of the district furnishing such instruc- tion, stating the grade or grades in which any such non-resident pupil was enrolled, the number of months enrolled, name of such pupil and amount of tuition, which statement shall be verified by such clerk, superintendent or principal, and thereupon an order shall be drawn by said district in favor of the district furnishing such instruction for the amount of such tuition-, provided that not more than nine months' instruction in any school year per 52 STATE AID TO SCHOOLS. pupil shall be a charge against any such district on account of such non-resi- dent pupils. When necessary to accommodate a reasonable number of boys and girlj 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 questions as have a direct relation to the business of farming, including bookkeeping and farm accounts. It shall also include systematic courses in manual training, and in home economics, as these are usually taught in public schools. (Sec. 3, c. 247, G. L. 1909, as amended by sec. 3, c. 82, 1911 ) 131. State aid of $2,500 per year and $150 for each associated rural school district — Each school designated to maintain an agricultural and in- dustrial department as in this act provided for shall receive state aid not exceeding $2,500 per year, and in addition thereto $150 per year for each associated rural school district that may be associated with such state high, graded or consolidated school, under the provisions of this act, but in no case shall the total amount received by any such school exceed two-thirds of the sum actually expended upon such agricultural and industrial department as certified to the state high school board; that no more than thirty schools shall be aided during the next two years. The special aid provided for un- der this act shall be in lieu of all other aid for agricultural and industrial training granted by the state to the schools operating under the provisions of this act. Any rural school district which shall, under the provisions of this act, associate with a state high, graded or consolidated rural school for the pur- poses specified in this act, shall receive as state aid fifty dollars per year; such state aid to said associated rural schools shall be granted only upon recommendation of the superintendent of the central school with which said rural school is associated in addition to the recommendation of the county superintendent, as required by law. All schools heretofore designated and now operating under the provisions of said chapter 247, General Laws, 1909, are hereby continued under the pro- visions of this act. (Sec. 4, c. 247, G. L. 1909, as amended by sec. 4, c. 82. 1911.) 132. Appropriations — For carrying out the provisions of this act, there is hereby appropriated out of the general revenue funds of the state the fol- lowing sums: For the year ending June 30, 1911, $105,000; for the year ending June 30, 1913, the sum of $105,000. Provided that not more than one school in any county shall be added to the list of schools receiving aid under this act in any two years. (Sec. 5, c. 247, G. L. 1909, as amended by sec. 5, c. 82, 1911.) 133. Consolidation of certain districts — For the purpose of providing training and instruction in such agricultural and industrial department for pupils in rural schools, and to extend the supervision and influence of state STATE AID TO SCHOOLS. 53 high or graded schools to rural schools, one or more school districts main- taining rural schools may become associated with a high or graded school in which is maintained an agricultural and industrial department as herein provided, whether or not such high or graded school has been designated bv the high school board to receive aid under the provisions of this act. In each case the high or graded school shall be known as the central school. (iSec. 6, c. 247, G. L. 1909, as amended by sec. 6, c. 82, 1911.) 134. Procedure — To effect such association, proceedings shall be had by petition and election on the part of the rural school districts as provided by law for the consolidation of school districts, and ballots to vote upon thi.s question shall read: To associate with District No at' for the maintenance of an agricultural and industrial department. Yes No Those voting in favor of association shall put a cross mark after the word "Yes," and those voting against association shall put a cross mark after the word "No." Each district casting a majority vote for association shall become asso- ciated with the central school upon the approval of such association by the board of the central school, and it, together with the rural schools, shall be known as the Associated Schools of District No of (Sec. 7, c. 247, G. L. 1909, as amended by sec. 7, c. 82, 1911.) 135. Annual meeting of school boards — The members of the various school boards of the associated rural schools shall hold an annual meeting at the central school building on the first Monday in August of each year, to act as a board of review and to receive the report of fhe treasurer of the central school of the receipts and expenditures under this act, and such other reports relating to the work in such agricultural and industrial department of such associated school, including the number of pupils enrolled and such other matters as may be called for. The members of such school boards acting together shall determine the question of the tax levy to be imposed on such associated rural districts for the purpose of carrying into effect the provisions of this act and for the purpose of maintaining the agricultural and industrial department in the central school, as provided for in this act, and of securing for the associated schools the supervision of the superintendent of the central school. Such rural school boards at such meeting shall elect a chairman and clerk thereof and a record of such meeting shall be kept. Provided, that the taxes so levied shall not be less than two mills on the dollar of the assessed valuation in the various rural school districts in the association in addition to other general and special taxes in such rural dis- trict, and authority is hereby granted to such school boards of such asso- ciated rural districts acting together to levy and assess the necessary taxes to carry into effect the provisions of this act. The amount of such taxes shall be certified by the chairman of such meeting to the county auditor to be by him levied and extended against the taxable property in the respective rural districts forming part of such association, and when collected by said county treasurer such taxes shall be paid to the treasurer of the central school, who shall furnish the board of review a full and detailed statement of all moneys so received and expended under this act. (Sec. 8, c' 247, G. L. 1909, as amended by sec. 8, c. 82, 1911.) 54 STATE AID TO SCHOOLS. 136. Election of members of board of central school — Duties — The board of each rural school district so associated with any central school under the provisions of this act shall elect one of its members to act with the board of the central school in carrying out the provisions of this act, and such mem- ber shall have equal power with each member of the board of the central school. The board so constituted, consisting of the board members of the central school and one representative of the board of each such associated rural school, shall be known as the associated school board of District No of The officers of the central school shall act as the officers of such asso- ciated board. The duties of such associated board shall be: 1. To hold such meetings at the central school at such times as the board shall determine. 2. To act on all matters affecting the relation of the associated rural school to the central school, including the fixing of tuition of non-resident pupils taking work in the agricultural and industrial department. 3. To submit to a vote of the various associated rural districts the ques- tion of levying a tax in such associated school district or districts to assist in the erection of an agricultural and industrial building in connection with the central school and in relation to the levy and collection of a tax for such purpose. Before any such tax shall be levied, it must be voted for and approved by a majority vote in each of the associated districts. 4. To procure, if deemed necessary, a tract of land in one or more of the associated rural districts for demonstration and experimental work in agriculture. (Sec. 9, c. 247, G. L. 1909, as amended by spc. 9, c. 82, 1911.) 137. Authority of superintendent — The superintendent or principal of the central school as to the provisions of this act shall exercise the same authority and supervision over the rural schools as over the central schools. He shall prepare for the associated rural schools a suitable course of study, embodying training and instruction in agriculture and industrial training and such subjects as are related to farm life and can be successfully taught in rural schools. (Sec. 10, c. 247, G. L. 1909, as amended by sec. 10, c. 82, 1911.) 138. Termination of relations — The relationship and obligations between any associated rural school district and the central school may be terminated at any annual school meeting by a two-thirds vote of any such associated rural school district; provided, the central school is given at least one year's notice of the intention of such rural school district to vote on such question of withdrawal. (Sec. 11, c. 247, G. L. 1909, as amended by sec. 11, c. 82, 1911.) 139. Duty of county auditor — Upon receipts by the county auditor of the warrant and the certificate as stated in section 1 of this act, it shall be his duty to credit the several school districts with the amounts stated in said certificate, then charging the county treasurer with the aggregate amount so received, and forthwith deliver to the county treasurer the said warrant or warrants. The funds so credited to the several school districts shall be paid to THE PUBLIC SCHOOLS. 55 the treasurers thereof in the same manner now provided by law for the pay- ment of school funds to school district treasurers. (Chap. 142, 1905.) 140. Fifty thousand dollar appropriation for comimon schools — There is hereby annually appropriated from the revenue fund of this state fifty thou- sand dollars ($50,000) in aid of the common schools of this state, available, the first annual appropriation, on or before May 1, 1911, and each succeed- ing annual appropriation, on or before April 1st, of each succeeding year. (Sec. 1, c. 341, 1911.) 141. Manner of distribution — The amount so appropriated shall be an- nually divided among and distributed to the several counties of this state for the use and benefit of and in aid of the common schools thereof, and the county treasurer of each county receiving such aid shall redivide and re- distribute the same to and to the use and benefit of the common schools of his county in proportion to the acreage of lands owned by this state in each respective school district situated therein; provided, however, that in calcu- lating the acreage of unsold lands in any county, lands which have hereto- fore been or hereafter may be leased by the state for mineral purposes, shall not be included in the calculation; and provided, further, that the amount received by any school district in any year shall not exceed the equivalent of five cents per acre for each and every acre of state owned lands situated within such school district after excluding such leased lands. Provided, that no school shall receive under the terms of this act, in any one year, an amount in excess of $250. (Sec. 2, c. 341, 1911.) 142. Not to be used for purchasing school site — No part of the money hereby appropriated shall be available for or be used for the purchase of any school site or the erection of any school building. (Sec. 3, c. 341, 1911.) 143. Duty of state auditor — It shall be the duty of the state auditor to supply to the several county auditors of this state plans with checkings there- on indicating the location and the description of all unsold state lands sit- uated within the organized townships of his county. (Sec. 4, c. 341, 1911.) CHAPTER XII. THE PUBLIC SCHOOLS. 144. Public schools — Tuition free — All schools supported in whole or hi part by state school funds shall be styled public schools, and admission to and tuition therein shall be free to all persons between the ages of five and twenty-one years, in the district in which such pupil resides. Provided, that; the school board of any district may, by resolution, exclude all children un- der six years of age. (1279) A school board has no authority to exclude a child of school age from school during any portion of the school year; and such child is entitled to admission when- ever the minimum age is reached, whether the same be at the beginning or dur- ing any part of a school term or year; construing sections 1279 and 1402, R. L. — Young, March, 1907. 56 THE PUBLIC SCHOOLS. A school board has no power to exclude a pupil who uses tobacco from the public school. The use of tobacco by students is not wholly prohibited by the statutes.— Young, p. 206. Those entitled to admission to the public schools are (1) the children of the actual residents in the district; and (2) all other persons between the ages of five and twenty-one who may .be in good faith living in the district. If tjie parents are in good faith living in the district, although temporarily, the children would be entitled to admission to the school. — Wilson, p. 396. (See, also, par. 31, 1897, c. 252.) Whether a miner whose parents reside in another part of the state has a right to attend school in your district depends upon whether said minor is a resident of your district.- — Colville, p. 235. Residence acquired by students in attendance upon any seminary of learning, or by inmates of any charitable institution, or of a public prison for reformation or punishment, is not of such character as to give the right to attend the dis- trict school of the place or to be enrolled for apportionment in such district. — - Cornell, p. 257. While a parent could not, for the colorable purpose of evading the law, send his children to board in another district for the mere object of attending school, I entertain no doubt that a scholar actually and in good faith domiciled in the district would be entitled to the benefits of the school without regard to the resi- dence of his parents. — Cole, p. 106. The right to free tuition depends upon the residence of the pupil claiming it without regard to the residence of his parents. If a child conies into a district for the mere purpose of attending school, the board, in its discreton, may charge tuition, or exclude him altogether. On the other hand, a child who actually re- sides in a district is entitled to school privileges without charge. "What are the relative powers and duties of trustees and teachers in refer- ence to the discipline and management of schools?" For insubordination, immorality, or infectious disease, the board may expel any scholar. It is made the duty of each member of the board at least once in each term to visit the schools and give such advice to the teacher as may be for the benefit of the schools, and they are intrusted with the general charge of the interests of the schools and school houses in their districts, and are especially authorized to employ teachers having the requisite certificate of qualification. There are the principal provisions bearing upon the question under consideration, and they seem to leave no doubt that with the single exception of the power of expulsion for the causes specified in the statute, the authority of the trustees over the interior management of the schools is solely advisory in its character. The responsibility for the correct government and discipline of the school, as well as the adoption of such methods of teaching as seem best calculated to promote the advancement of the scholars in their several branches of study, rests solely with the teacher. Of course there ought and always will be a mutual interchange of views, and a cordial co-operation between teachers and trustees in all these matters, whenever a regard is had to the important interests intrusted to their charge. The law prescribes what studies shall and what may be taught in our com- mon schools, as well as the text-books to be used; and in determining within this limit what particular study any pupil shall pursue, the teacher always ought to consult the wishes of its parents or guardian, and conform to them so far as practicable, having due regard to the present attainments and proficiency of the pupil, and the general interests of the school. — Cornell, p. 265. There is no doubt of the right of the parent to send his children into any dis- trict he may select so long as he is willing to assume the extra burden thereby imposed upon him. — Clapp, May 3, 1S8S. Corporal Punishment. — To use * * * force or violence upon * * * the person of another is not unlawful * * * when committed by a * * * teacher, in the exercise of a lawful authority to restrain or correct his * * * scholar, and the force or violence used is reasonable in manner and moderate in degree. The mere designation of tuition charge as "book rent" when in fact it is a tuition charge, will not in any way affect the law or warrant the drawing of apportionment for pupils paying such "book rent." — Simpson, March 8, 1909. 145. General control of schools — The teacher shall have the general control and government of the school. When more than one teacher is em- ployed in any district, one of the teachers may be designated by the board as principal and shall have the general control and supervision of the schools of the district, subject to the general supervisory control of the board and other officers. (1336) 146. Length of school — The schools shall be maintained not less than five nor more than ten months, but this provision shall not apply to night schools or kindergartens. The school month shall consist of four weeks. Every Saturday shall be a school holiday, and all legal holidays shall be counted as a part of the school week. (1337) THE PUBLIC SCHOOLS. 57 147. Holidays — The word "holiday" shall include New Years Day, Jan- uary 1; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Memorial Day, May 30; Independence Day, July 4; Labor Day, first Mon day in September; election day, the first Tuesday after tne first Monday in November of the even numbered years; Christmas Day, December 25; and the Friday next preceding Easter Sunday and commonly known as Good Friday. No public business shall be transacted on those days, except in cases of necessity, nor shall any civil process be served thereon. (Chap. 254, 1907, amending sec. 5514.) Legal holidays are school holidays also. — Young, February, 1907. 148. Instruction in public schools — The books used and the instruction given in public schools shall be in the English language, but any other lan- guage may be used by teachers in explaining to pupils who understand such language the meaning of English words; and in high and graded schools other languages may be taught, when made part of a regular or optional course of study. Instruction may also be given in such languages in common schools, not to exceed one hour in each day, by unanimous vote of the trus- tees. (1338) If unanimously authorized by the board, but under no other circumstances, a foreign language may be taught for not more than one hour in any school day as a part of the instruction in a public school. If a teacher violates this law, she violates her contract and is not entitled to compensation out of the treasury; and may be compelled by legal proceedings to obey the law. — Young, p. 184. "Are trustees required by law to cause schools to be taught in the English language?" The school laws prescribe those branches of study which are to be taught in our common schools. The languages are not included. That those branches are to be taught in the English language it requires no argument to prove. The government has yet to exist which will expend the contents of its treasury to the neglect of its own language in educating its citizens in the language of a foreign countrv whose institutions and laws are at variance with its own. — Cole, p. 76. Proviso First.— A school in which the instruction is given in foreign languages cannot be regarded as in any sense a public school; no taxes can be legally levied for the support of such a school and it is the duty of the county superintendent to see to it that such a school receive no part of the apportionment of the pub- lic money. 149. Instruction in morals, etc. — The teachers in all public schools shall give instruction in morals, in physiology and hygiene, and in the effects of narcotics and stimulants. (1347, R. L. 1905.) You inquire whether it is lawful to open a public school with a recital of the Lord's prayer. The question involves a construction of sec. 16 of article I of the constitution, wherein it is. amongst other things, provided: "Nor shall any man be compelled to attend, erect, or support any place of worship." * * * No dis- tinction can, in principle, he drawn, between the opening of school with prayer, or the reading of the Scriptures, so far as the question pertains to the violation of the provision above named. * * * In view of the decision by the supreme court, you are advised that the practice, however, frequently tolerated or indulged in, is violative of the constitution. — Childs, Dec. 10, 1895. In the case of Rasnick vs. District No. 60, Stearns County, April 24, 1897. in the district court, it was held thap- a public school house cannot be used, either in or out of school hours, for the purpose of giving any religious instruction, or the conducting of any religious exercises therein, which are peculiar to the dis- tinctive teachings, practices, doctrines, creed, tenets, or beliefs of any religious faith, church, or denomination, and particularly from using or allowing the school house to be used for the same, of any of the prayers or the teachings of the cathechism, or the conducting of any of the religious exercises mentioned herein. 150. Classes of schools — District schools are divided into four classes, as follows: (1) High schools; (2) graded chools; (3) semi-graded schools; and (4) common schools. (1339) 58 THE PUBLIC SCHOOLS. 151. High Schools — The following are the requisites of a high school: 1. It shall be in session not less than nine months in the year. 2. It shall admit, free of tuition charge, students of either sex resident in the state, but those only who shall pass a proper examination in arith- metic, spelling, English grammar, reading, writing, geography, and United States history. 3. It shall have regular and orderly courses of study, embracing all the branches prescribed by the state high school board, and requisite for admis- sion to the collegiate department of the state university, and an optional English or business course in addition thereto or in lieu thereof. 4. It shall be subject to such rules and regulations, consistent with the provisions of law, as may be prescribed by the state high school board, and. shall be open to visitation at all times by any members of such board, and by any inspector thereof. (1340) 152. Graded schools — Graded schools include all schools below high schools which — 1. Are in session at least nine months in the year; 2. Are well organized, having at least four departments in charge of a principal holding a state professional certificate, or a graduate from the advanced course of a state normal school or of a reputable college or univer- sity; 3. Have a suitable school house and other necessary buildings, a sub- stantial library, and necessary apparatus for efficient work; and 4. Have regular and orderly courses of study, embracing all such branches as may be prescribed by the high school board. (1341) 153. Semi-graded schools — Common schools — A semi-graded school is one not complying with the foregoing provisions, but which — 1. Maintains a school for at least eight months in a year; 2. Is well organized, with at least two departments in the charge of proficient teachers, one at least of whom holds not less than a first-grade certificate; 3. Has a suitable school building, outhouses, or other necessary accom- modations, and a library and apparatus necessary for doing efficient work; and 4. Has a regular and orderly course of study, and shall comply with the rules established by the state superintendent. All other district schools are common schools. (1342) 154. Secret fraternities in the public schools — From and after the pas- sage of this act it shall be unlawful for any pupil, registered as such, and attending any public high school, district, primary or graded school, which is partially or wholly maintained by public funds, to join, become a member of, or to solicit any other pupil of any such school to join, or become a mem- ber of any secret fraternity or society wholly or partially formed from the membership of pupils attending any such schools or to take part in the organization or formation of any such fraternity or society, except such societies or associations as are sanctioned by the directors of such schools. (Chap. 149, sec. 1, 1907.) TEXT BOOKS AND LIBRARIES. 59 155. Directors to establish rules and regulations — The directors of all such schools shall enforce the provisions of section 1 of this act, and shall have full power and authority to make, adopt and modify all rules and regu- lations which in their judgment and discretion may be necessary for the proper governing of such schools and enforcing all the provisions of section 1 of this act. (Chap. 149, sec. 2, 1907.) 156. Directors shall have power to suspend or dismiss — The directors of such schools shall have full power and authority, pursuant to the adoption of such rules and regulations made and adopted by them, to suspend or dismiss any pupil or pupils of such schools therefrom, or to prevent them, or any of them, from graduating or participating in school honors when, after investigation, in the judgment of such directors, or a majority of them, such pupil or pupils are guilty of violating any of the provisions of section 1 of this act, or who are guilty of violating any rule, rules or regulations adopted by such directors for the purpose of governing such schools or enforcing section 1 of this act. (Chap. 149, sec. 3, 1907.) 157. Soliciting a misdemeanor, by persons, not pupils — Municipal and justice courts to have jurisdiction — -It is hereby made a misdemeanor for any person not a pupil of such schools to be upon the school grounds, or to enter any school building for the purpose of "rushing" or soliciting while there any pupil or pupils of such schools to join any fraternity, society, or associa- tion organized outside of said schools. All municipal courts and pustice courts in this 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, to be paid to the city or village treasurer, when such schools are situated inside of the corporate limits of any city or village, or to the county treasurer when situated out- side of the corporate limits of any such city or village, or upon failure to pay such fine, to be imprisoned for not more than ten days. (Chap. 149, sec. 4, 1907.) 158. Force or violence, when lawful — The use, attempt, or offer to use force or violence upon or toward the person of another shall not be unlawful in the following cases: ************ (4) Whenever used in a reasonable and moderate manner by a parent or his authorized agent, a guardian, master, or teacher, in the exercise of lawful authority, to restrain or correct his child, ward, apprentice or scholar. (4906) CHAPTER XIII. TEXT BOOKS AND LIBRARIES. 159. Library board — -The state superintendent and the presidents of the normal schools shall constitute a state library board. Such board shall from time to time prepare and amend a list of books suitable for school 60 TEXT BOOKS AND LIBRARIES. libraries, including dictionaries and other books of reference, histories, an M. 44S rGil. 337). 247. Hiring of teachers — -School boards shall hire teachers at meetings called for that purpose. No teacher related by blood or marriage to a trustee shall be employed, except by a unanimous vote of the full board. The employment shall be by written contract, signed by the teacher, and. in common districts, by at least two of the trustees; in special and inde- pendent districts, by the chairman and clerk. Such contract shall specify the time of employment, and the wages per month. (1344) A teacher who has no certificate at time of entering into a verbal contract, but obtains one shortly after and enters into a written contract and teaches the school for the contract term, mav recover at the contract rate from date of written contract.— 20 M. 72 (Gil. 57). A contract to hire a teacher not having a certificate is void. — 27 M. 433. Where a contract purporting on its face to have been made by the district and teacher is signed by the teacher and two persons as director and treasurer, the implication is that such persons are the director and treasurer and therefore two of the board such as are authorized to make the contract. — 27 M. 433. When an order has been legally issued to a teacher for the amount due her. TE1ACHERS. 81 and has been presented and payment demanded and refused, she may maintain action against the district, even though a writ of mandamus might lie against the treasurer.— 35 M. 309. A contract between a teacher and the trustees of a district must be in writ- ing and signed by such teacher and a majority of the trustees. — 39 M. 499. An oral contract by a teacher with a school board is not valid, and no recovery can be had for services thereunder. — 77 M. 469. The act of a school board whereby teachers employed by it were required to sign a contract consenting that a percentage of the salary should be deducted to provide annuities or pensions for teachers becoming incapacitated, is not authorized by law, and is void. — 87 M. 130. When, at request of the board of an independent district, a county superin- tendent issues to a teacher a certificate of qualification under a statute then re- pealed, a contract with such teacher based upon such certificate is valid. — 90 M. 111. The board of trustees may, prior to the annual meeting, employ a teacher for the ensuing year and bind the district for the legal five months and for such further time as shall be fixed by the electors at such meeting. — 93 M. 411. If a teacher holds a valid certificate at the time of making a contract which extends beyond the life of the certificate, such contract is good, and will remain so as long as the teacher is in possession of a valid certificate and until the con- tract expires by its own terms. — Clapp, Oct. 12, 1891. As a general proposition the board may discharge a teacher at pleasure. It is incumbent upon them, however, to see to it that the cause is good and suf- ficient, otherwise the district is not relieved of the contract made with the teacher. The only provision which can possibly operate to deprive the board of the power of discharging a teacher is that which authorizes the county superin- tendent to revoke a certificate for proper cause. I am of the opinion that such provision is not exclusive. The officers of the district should possess the power of summary dismissal if the best interests of the school so require. Oases may arise where the conduct of the teacher is flagrantly immoral and corrupting and cading for the most summary action on the part of the board. Certainly, the legislature did not intend to so abridge the authority of the board as to render them powerless in such a case. These views are fairly sustained by the follow- ing cases: Boys vs. State, 6 Neb. 167; Smartwood vs. Walbridge, 57 Ham. 33; Fisk vs. Board, 69 Hun, 212; Tripp vs. School Board, 7 N. W. S40. As the teacher may enforce his contract against the district, notwithstanding his discharge, un- less justified by the facts, the board should advise itself by careful inquiry in any suitable manner, that a just ground for discharge exists. — Childs, Sept. 21, 1896. Teachers cannot enforce verbal contracts which the law requires to be in writ- ing. — Douglas, Jan. 4, 1901. A strict construction of this section would compel the conclusion that a legal contract with a teacher cannot be made at any time other than at a meeting of the board called for the purpose; but if there were such a meeting at which the minds of the board and the teacher met in a verbal contract, and the contract as so made reduced to writing and signed afterward it would toe valid. — Young, p. 180. A teacher who is ready and -willing to perform the services provided 1 for in her contract, and who is pi evented from doing so by an epidemic of smallpox or any other reason, is entitled to recover her wages, even though her contract reads "for actual services rendered." — Young, p. 194. Under sees. 1344 and 1326, R. L., a teacher's wages must be paid by orders drawn by the clerk upon the treasurer. Such orders may be discounted by the teacher, if so disposed, at less than face value; and if not paid when presented, may be reduced to judgment for the full amount against the district. This is the teacher's only remedy. — Young, p. 199. Teachers cannot be compelled to make up time lost by reason of an epidemic of disease, and the board cannot refuse to pay them for such lost time; but if the teachers voluntarily acquiesce in an arrangement of the board to make up the lost time, they cannot demand extra pay. — Young, p. 204. The board of a common school district cannot bind the district by a contract with a teacher for more than five months; but a contract for a longer period will be valid for such five months, but not for the excess, unless it be ratified by the district at a \alid meeting. Where the teacher is hired verbally at the meeting of the board, called for that purpose, but the contract is not reduced to writing and signed until after- ward, the contract is valid under sec. 1344, R. L. A contract made with a teacher who holds a valid certificate, but who ha.s not filed it for record at the time the contract is made, and who files it after- ward, is valid under chap, 137, Laws 1905. However, if the board should, during the interval between such contract and the filing of such certificate, employ an- other teacher who has filed her certificate, the latter would prevail. However, teachers should file their certificates before entering into contracts. — Young, June, 1906. Under sec. 1344, R L., a school board cannot legally employ a teacher who is related by marriage to one of its members; and this applies to the board of a special district under chap. 156, sec. 20, Special Laws of 1878. — Young, August, 1907. A school board having voted to hire a teacher, a member who has voted on the question can change his vote at the next regular or special meeting of the board, the meeting being regularly called, and the matter being properly before it, providing that no written contract has been made and entered into between the district and a qualified teacher. In other words, if the district as such is not S2 TEACHERS. bound by the previous action and a valid contract entered into, there can be no objection to a reconsideration. — Simpson, March 11, 1909. When, at request of the board of an independent district, a county superin- tendent issues to a teacher a certificate of qualification under a statute then re- pealed, a contract with such teacher based upon such certificate is valid. — 90 M. 111. The board of a common district may, prior to the annual meeting', employ a teacher for the ensuing year and bind the district for the legal five months and for such further time as shall be fixed by the electors at such meeting. — 93 M. 411. The board of trustees of a school district may, prior to the regular annual election held in July, employ a teacher for the ensuing year, and bind the dis- trict not only for the period of five months required by law, but during such further time as may be fixed or established by the electors at such mieeting. — Norton vs. Wilkes, 93 M. 411. A qualified teacher hired at a meeting of the board, properly called for that purpose, whose contract is signed by two members of the board, has a legal teacher's contract.— Simpson, March 30, 1909. In the absence of an express provision in the contract with a teacher, so specifying, it is not obligatory upon the teacher to do the janitor work of the school house. — Simpson, Jan. 6, 1910. It is the duty of the school board to see that all necessary matters are at- tended to, in order that the schools of the district may accomplish the nuxpose for which they are instituted, under the general power vested in the board, and where the matter is not mentioned in the teacher's contract, and tnere Tias been no oral understanding that the teacher should act as janitor, it is the imperative duty of the board to furnish a janitor to sweep the school rooms, build the fires, and keep the rooms in suitable condition for school purposes. — 'Simpson, Dec. is 1909. The statute provides that (sec. 1344, R. L. 1905) "No teacher related by blood or marriage to a trustee shall be employed, oxcept by a unan.mour vote of the full board." Therefore, every member of the board must vote in favor of the em- ployment of such a teacher, to make the contract of employment valid, and if a member of the board attends the meeting and does not vote, or is not present at the meeting, and consequently does not vote in favor of the employment, the con- tract would not be legal, and if a teacher related, by blood or marriage, to a trustee, has a contract, where the employment has not been voted for by each member of the board, even though the teacher should actually render services in teaching, he oould not collect pay for the same. — Young, Sept. 8, 190S. If, in the exercise of sound judgment and discretion, a school board determines that indulging in certain pastimes outside of school hours, by teachers, is detri- mental to the work of the school, it will be competent for the board to make a rule forbidding such indulgence, on evenings succeeding school days. If. under all the facts and circumstances, such a rule and regulation is a reasonable one, and the action of a teacher in violating such rule is detrimental to the best interests of che school, then such failure to comply with the rule and regulation would be a ciuse for removal of such teacher, though the question, in each particular case, as to tne reasonableness of the rule, might ultimately have to be passed upon by the eourt. — Simpson, Nov. 4, 1909. School boards and boards of education in independent districts have the right lo grant their teachers permission to close their schools without loss of pay, for the purpose of attending a state teachers' convention. — Simpson, May 8, 1909. T*ie statute contemplates the payment of teachers' wages at the end of each montn s services, and there is no authority for a school board retaining the month- ly wages of teachers two weeks after the end of the month. — Simpson, Oct. i5, 1909. Section 4237, R. L. 1905, provides that "The salary or wages of any officer or pei sun employed by a county, town, city, village or school district, or by any department thereof, shall be liable to garnishment, attachment and execution ex- cept £a exempted by law." — Simpson, Feb. 25, 1909. 248. Keeping of Registers — Every teacher shall keep a register, fur- nished Dy the clerk, showing the daily attendance of each pupil, and such other matters as may be required in such register. He shall also keep such record of deportment and scholarship as may be required by the board. The register shall show the names and ages of all pupils, the names and num- ber of days' attendance of all pupils between the ages of five and eight years, between eight and fifteen years, and between fifteen and twenty-one years, and + he names of all paying tuition. In common districts tne teacher shall return such register properly kept to the clerk within ten days after the close of the first term of the school year. (1345) 249. Teachers' report — Such teacher shall, within the same time, make his report to the county superintendent upon blanks furnished by the super- EXAMINATIONS AND CERTIFICATES. 83 intendent through the clerk, giving the names in full of all pupils enrolled, with the number of days' attendance of each, checking with a cross (X) the names of all under six, over twenty-one, or paying tuition, and the names so checked shall not be counted for apportionment. Within like time after the close of each succeeding term, he shall make a further re- port, showing in like manner all additional enrollments during such term, the number of days that each pupil has attended in such term, and such other matters as may be called for in the blanks. The superintendent shall receipt for such reports. No order shall be issued for the payment of the wages of any teacher while he is in default in making such reports or in returning his register. In joint districts a report shall be made to the super- intendent of each county, showing the county in which each pupil resides. The teachers and principals in other districts shall make such reports as may be required by law or the rules of the board, under like penalty. (1346) CHAPTER XVIII. EXAMINATION AND CERTIFICATES. COMMON SCHOOL EXAMINATIONS AND CERTIFICATES. 250. Teachers' certificates — There shall be five grades of regular teachers' certificates: Third grade, second grade, first grade, second grade professional, and first' grade professional. No certificate shall be granted except on satisfactory proof of professional ability and moral character. Provided, that the state superintendent of public instruction may in his discretion issue certificates of qualification without examination to persons who have taught in public schools of this state for five or more years, upon their filing with said superintendent of public instruction a written applica- tion approved by the board of education or school trustees, together with the city superintendent or county superintendent, under which said applicant shall have taught the greater part of five years preceding the date ot application. (1357) 251. Limited second grade certificates — Limited second grade cerifi- cates, good for one year, may be given by the county superintendent to persons without experience, not less than seventeen years of age, who have passed the required examination. (1363) 252. Third grade certificates — Third grade certificates may be given by the county superintendent when he deems it necessary, upon his own examination, for a term of one year, in a designated district or school Such certificate shall not be renewed without re-examination, and no teacher shall receive more than two such certificates in the same county. (1358) 253. Second grade certificates — Second grade certificates shall be given to persons otherwise qualified, not less than eighteen years of age, and of at least five months' successful experience in teaching. Such certificates shall be signed by the state and county superintendent, and shall be valid for two years in the county designated, and in any other county upon in- dorsement by the county superintendent thereof. (1359) 84 EXAMINATIONS AND CERTIFICATES. 254. First grade certificates — First grade certificates shall be given to persons otherwise qualified, and of at least eight months' successful experience in teaching. Such certificate shall be signed by the state and county superintendents, and shall be valid for five years in any county' of the state, upon presentation thereof to the county superintendent of such county. (1360) 255. Teachers' examinations — The county superintendent shall hold at least two examinations a year in •convenient places in his county, upon such notice as may be prescribed by the state superintendent. The time of such examinations shall be fixed by the state superintendent, and shall be uni- form throughout the state, and shall determine the educational qualification of applicants for teachers' certificates. The school board of any district in which any such examination is appointed shall allow the free use of any schoolhouse or schoolrooms for that purpose, upon ten days' notice of selection from the county superintendent. (1348) 256. Expenses of examinations, etc. — The local expenses of such exam- inations shall be paid by the county in which they are held; the expense incurred by the state superintendent under the provisions of this chapter, not to exceed twenty-five hundred dollars per year, shall be paid out of the" fund for conducting teachers' institutes. (1356) 257. Branches of examination — All applicants for certificates shall be examined in the following branches: Reading, spelling, writing, arithmetic, grammar, United States history, composition, geography, physiology, civil government and practical hygiene. Applicants for a first grade certificate shall also be examined in elementary algebra, plane geometry, physical geography, and physics; but the state superintendent may, in his regula- tions, designate other branches that may be taken in lieu of physical geography, physics, and plane geometry, at the option of the applicant Applicants for any grade may, at their option, be examined in music, draw- ing, and such languages as may be prescribed by the state superintendent. Applicants for special certificates shall be examined in all the branches required for second grade certificates, and in such other branches as they wish to be specially authorized to teach. (1350) 258. Conduct of examinations — Such examinations shall be public, and shall be conducted by the county superintendent, or by persons appointed by him, strictly according to the regulations prescribed by the state superin- tendent. An affidavit may be required of persons conducting such exam- inations that they have been conducted fairly and according to such regula- tions. Teachers taking part therein may dismiss their schools for not to exceed two days in each year without loss of time. (1349) Superintendent of public instruction is authorized to appoint such qualified ex- aminers of county teachers' papers as in his discretion are deemed necessary, but such examiners must act under his direct supervision. — Douglas, Aug. 4, 1899. Teachers' Examinations. — Two examinations each year must be held in each county on different dates to be fixed by superintendent of public instruction. — Douglas, May 25, 1899. 259. Marking on examination — The written answers for the scholastic examination shall be read and marked under the direction of the state superintendent. Markings for the professional requirements shall be given EXAMINATIONS AND CERTIFICATES. 85 by the county superintendent, who shall also be the judge of skill in teach- ing and moral character of applicants. (1351) Superintendent of public instruction may limit first and second grade teachers' certificates to one year, in certain instances. — Douglas, Aug. 24, 1899. 260. High and normal school certificates may be accepted when — Certificates from state high or normal schools, showing a standing of not less than seventy-five per cent, may be received by the state superintendem, under such conditions as he may prescribe, in place of such examination. (1352) 261. Renewal and validity of certificates — First and second grade certificates may be renewed as prescribed by the state superintendent, and shall be valid in all grades below the high school unless the school board of any district, by formal action, decide otherwise, and except as otherwise expressly provided in this chapter. (1362) 262. Appeals — Any person to whom a certificate is refused may, within ten days from the receipt of notice of refusal, appeal to the state superintendent, and, when such refusal is for failure to pass the scholastic examination, he may on appeal have his papers reviewed and marked by the instructors in the corresponding branches of the state university, and such review and marking shall be final. (1364) PROFESSIONAL EXAMINATIONS AND CERTIFICATES. 263. Professional certificates — Permanent teachers of high character and successful experience may be granted first grade professional certifi- cates, upon passing the examination of furnishing the evidence hereinafter provided for such certificates. Such certificate shall authorize the holder to teach in any school in the state, upon presenting the same to the superin- tendent having supervision of such school, and shall remain in force as long as its holder is engaged in educational pursuits, but shall be void after he shall cease for three years so to do, unless it be renewed by indorsement of the state superintendent. (1366) 264. State examinations — State examinations for professional certifi- cates shall be held by the state superintendent, or by a committee of three competent teachers appointed by him, at such times and places as he mav direct. (1353) 265. Subjects for Examination — Such examinations shall include, in addition to the branches required for a first grade certificate, the following: 1. Educational science, including (1) history of education, (2) psychol- ogy, (3) general pedagogy, and (4) school organization and law. 2. Mathematics, including (1) higher algebra, (2) solid geometry, and (3) trigonometry, plane and spherical. 3. English, including (1) English and (2) American literature, and (3) rhetoric. 4. History, (1) ancient (to A. D. 800), (2) mediaeval, (3) English, and (4) American. 5. Science, including botany, chemistry, physics, geology, and physi- ography, astronomy, zoology and political science, (1354) 86 EXAMINATIONS AND CERTIFICATES. 266. Second grade professional certificates — A second grade profes- sional certificate may be granted to any such teacher who passes a success- ful examination on all the branches included in subdivision 1, and in six branches included in the other subdivisions of section 1354, to be selected by him. (1367) 267. First grade professional certificates — A first grade professional certificate may be granted to any such teacher who passes a satisfactory examination in all the branches of subdivision 1, in two of those in each of subdivisions 2 and 3, and in three of those in each of the other sub- divisions of §1354, or furnishes the evidence of qualification made equiva- lent to such examination. (1368) 268. Professional permits — The state superintendent may grant to teachers, who lack not more than three of the branches required for a pro- fessional certificate, professional permits good for one year, which shalJ confer during such time the same authority to teach as a professional certi- ficate. (1370) 269. Certificate and diploma in place of examination — A first grade state certificate, and a diploma from the academic department of a reputable college or university, with proof of one year's successful teaching in this state, shall be accepted in place of an examination in all such branches. (1355) 270. Validation of certificates from state university — Certificates of graduation from the state university issued to graduates of the college of education and to those graduates from its college of science, literature and art (or its college of agriculture), who have taken specified courses in the college of education, shall be valid as first grade professional certificates for two years from their date, and at the expiration of two years of actual successful teaching, such certificates, endorsed by the president of the uni- versity and the state superintendent, shall have the force of permanent first grade professional certificates. (Sec. 1361, R. L. 1905, as amended by sec. 1, c. 455, 1909.) 271. From state normal schools or department of agriculture. — Diplomas issued to graduates of the state normal schools (or of the teachers' course in the department of agriculture of the state university) shall be valid as first grade certificates for two years from their date, and at the expiratio 1 ) of two years of actual, successful teaching, such diplomas, endorsed by the president of the school granting them, and the state superintendent, shall have the force of first grade certificates for life. (Sec. 1361, R. L. 1905, as amended by sec. 2, c. 455, 1909.) 272. Elementary diplomas — Elementary diplomas granted by a state normal school upon the completion of such portion of the course of study as may be prescribed therefor by the normal school board, shall be valid as first grade certificates for the period of three years from their date, and shall not be renewable; except that any holder of such an elementary diploma may have the force and effect thereof, as such first grade certifi- cate, extended for a further period of three years, by the completion o. F EXAMINATIONS AND CERTIFICATES. 87 an additional one year of work in a Minnesota state normal school, and the certificate of endorsement thereon by the president of such school and the state superintendent; provided, that the provisions of this section shall not apply to persons now holding Minnesota elementary normal school diplomas, nor to any student heretofore enrolled in a Minnesota state normal school who shall be graduated prior to September 1, 1911. (Sec. 1361, R. L. 1905, as amended by sec. 3, c. 455, 1909.) 273. To be endorsed by superintendent of public instruction — The holders of certificates from the state normal schools, showing the completion of two years of prescribed work in such schools, shall be entitled to have such certificates endorsed by the superintendent of public instruction and thereby given the full force and effect of a second grade certificate. Section 1369 of the Revised Laws of 1905 is hereby repealed. (Sec. 1361, R. L. 1905, as amended by sees. 4 and 5, c. 455, 1909.) 274. County superintendent may suspend teacher — Teacher may appeal to state superintendent — Other procedure — Any county superintendent of schools may, for any of the causes mentioned in Section 2 hereof, upon his own authority or upon written complaint of any school board of his county, and after serving notice on the teacher of the grounds of com- plaint, and after an opportunity for the teacher to make defense, suspend such teacher's authority to teach in any public school in the county. The teacher whose certificate is thus suspended may appeal to the state superintendent within ten days after receipt of notice of the suspension of the certificate. The state superintendent shall either confirm, modify or reverse such suspension, and may order that the suspension shall apply against teaching in any public school in the state, or may revoke the certificate, and his action shall be final. In case the superintendent shall refuse to suspend a teacher's certificate upon complaint of the school board employing such teacher, the board may appeal in like time and manner, and upon such appeal the state superintendent may annul the teacher'? authority to teach, by a suspension or revocation of such teacher's certificate, after serving notice on the teacher of the grounds of complaint, and after- opportunity for the teacher to make defense, and his action in the premises shall be final. The county superintendent shall file with the clerk of the school board and the state superintendent a statement of the suspension of any teacher's certificate, with his reason for such action, and deliver a copy of such state- ment to the teacher, whose authority to teach in such county shall cease in ten days from the service of such statement on said teacher, unless an appeal is taken, as herein provided. (Sec. 1, c. 96, 1911.) 275. Causes for revocation or suspension — Sections repealed — The fol- lowing shall be considered as causes for the revocation or suspension of a teacher's certificate: (a) Immoral character or conduct unbecoming a teacher. (b) Failure, "without justifiable excuse, to teach for the term of his contract, without first securing the written release of the school board. (c) Inefficiency in teaching or in the management of a school. (d) Affliction with active tuberculosis or some communicable disease 88 STATE UNIVERSITY. shall be considered as cause for the suspension of certificate, while the holder thereof is suffering from such disability. Sections 1 3 65 and 1371 of the Revised Laws of 1905 are hereby repealed. (Sees. 2 and 3, c. 196, 1911.) 276. Special certificates — The state superintendent may grant special certificates authorizing the holder to teach, in high or graded schools, music, drawing, any specified language, or other special branch or branches, either for a term of years or for life, to teachers passing satisfactory ex- amination in the branches required for a second grade certificate and the special branch or branches which such teacher is authorized to teach. Such certificate shall be granted for life only upon proof of at least two years' successful experience in teaching such branch or branches, but the holder of a limited special certificate may, upon proof of such successful teaching, without further examination, be granted a special life certificate for such branch or branches. (1372) 277. Qualified teachers; who are — No person shall be accounted a qualified teacher in any common school district within the meaning of the school law, until such person has filed for record with the county super- intendent of schools of the county where such person intends to teach, a certificate or diploma or certified copy of either authorizing such person to teach school in such county. (Chap. 137, sec. 1, 1905.) 278. Records of certificates and diplomas — County superintendents of schools shall record in their office in a book provided by the board of county commissioners for such purpose, all material facts concerning teachers' certificates and diplomas presented for that purpose and shall certify to the holder of such certificate or diploma that such record has been made. (chap. 137, sec. 2, 1905) If a teacher has a valid certificate, she may enter into a contract to teach before the filing of the certificate and file her certificate afterward, under Chap. 137, Laws 1905; but, if the board should make a contract with another teacner who had filed her certificate before the first one filed hers, the contract with the latter would prevail as against the first one who had neglected to file. However, teachers, for their own protection, should be careful to file their certificates before making a contract to teach. — Young, p. 180. CHAPTER XIX. STATE UNIVERSITY. 279. Board of regents — The government and general educational man- agement of the state university is vested in a board of twelve regents, consisting of the governor, the state superintendent, the president of the university, ex-officio, and nine other regents appointed by the governor by and with the advice and consent of the senate. Such board shall be a body corporate under the name of the University of Minnesota. It shall have a common seal and alter the same at pleasure. (3904-3905) The Board of Regents of the University cannot make promissory notes in tho commercial sense, but may make contracts for erecting buildings and give written STATE UNIVERSITY. 89 evidence of debt incurred therein, payable at a future day, out of the fund pro- vided by the legislature; and judgments may be brought against the board for such debts, but such judgments bind only the fund on the faith of which the credit was given. All persons dealing with the regents must take notice of their powers. The title to all lands reserved by Congress for the use and support of the university, and of all property, real and personal, acquired by the regents, with the fund placed at their disposal, is in the state. — 7 M. 61 (Gil. 45). University of Minnesota — The Board of Regents of the State University are by Sec. 4, Art. S, of the constitution, and by Sec. 1470, R. L. 1905, constituted a body corporate under the name of the University of Minnesota. Board of Regents — Such board is by law exclusively vested with the manage- ment of all the educational affairs of the institution, and the courts of the state have no jurisdiction to control its discretion; but, if the board refuses to perform any of the duties imposed upon it by law, mandamus will lie to compel it to act. Registration of Student — Upon the face of the petition a prima facie case is stated that the relator was entitled to registration as a student of the University. — Glc-ason vs. U. of M., 104 Minn. 359. 280. Board of control divested of authority — The board of control is hereby divested of all authority, jurisdiction and control over the state university and the state normal schools, except as hereinafter stated. The state university shall be under the management, judisdiction and control of the boards of regents of the state university, and the state normal schools shall be under the management, jurisdiction and control of the state normal school board; and the said board of regents and said normal school board shall have and possess all of the powers, jurisdiction and authority, and shall perform, subject to the restrictions, herein contained, all of the duties by them possessed and performed on and prior to April first (1st) , nineteen hundred one (1901), except as hereinafter stated. (Chap. 119, sec. 1, 1905.) 281. Board of regents — Purchasing agent — The president of the board of regents by and with the consent and approval of the members of said board, shall appoint a purchasing agent, whose duties shall be as herein provided for and whose compensation shall be fixed by the said board of regents and paid out of the funds provided for the maintenance of said university. The said purchasing agent shall attend to the purchasing of all necessary supplies for the several departments of the state university. Pre- vious to the termination of each quarterly period of the year the dean or other executive head of each of the several departments of the state univer- sity shall prepare estimates in detail of all the supplies required for such department for the ensuing quarterly period. Prior to the opening of such quarterly period such estimate shall be submitted by the said dean or other executive head of each of said departments to the executive committee of said board of regents, which estimate so submitted shall be carefully ex- amined and, if necessary, revised by said executive committee. Upon the approval of such estimate by such executive committee the same shall be prepared in triplicate, and one of said estimates shall be retained by the said board of regents, and one thereof shall be delivered to and filed with said purchasing agent and one thereof shall be delivered and filed with the state auditor of this state. Such estimates bearing such approval shall govern and control said purchasing agent in the purchasing of supplies for the several departments of the state university. No disbursements for such purposes shall be made except on the warrant or requisition of said pur- chasing agent, the said purchasing agent shall give bond in such sum as said board of regents shall require for the faithful and diligent performance of his duties. (Chap. 119, sec. 2, 1905.) 90 STATE UNIVERSITY. 282. Normal schools; purchasing agent — (Upon the assumption by said state normal school board of the jurisdiction, management and control of the normal schools of this state, said board shall elect from its own members a purchasing agent, whose duties shall be as hereinafter stated, and whose compensation shall be fixed by said board and paid out of funds provided for the maintenance of said normal schools, a pro rata sum being paid by each school. He shall superintend the making of all purchases for said schools. Prior to the termination of each quarterly period the executive head of each school shall prepare and submit to him a detailed statement of the needs of said institution, including an estimate of the necessary supplies and expenditures for the quarterly period next succeeding. Said state- ment and estimate shall be submitted by him to said normal school board for revision and correction. When approved by said board it shall be pre- pared in triplicate by such purchasing agent, and one copy thereof shall be retained by said board for the use of such agent, one shall be de- livered to the executive head of each normal school and one shall be filed with the state auditor. Such estimates shall govern and control the pur- chasing of supplies for the respective schools, and the money necessary to be disbursed therefor shall be paid out upon the warrant of said agent as hereinafter stated. Said agent shall at the commencement of each quarterly period set apart for the use of each school as a contingent fund, a sum not exceeding one hundred dollars ($100). In addition there [to] the supervision of the purchasing of all necessary supplies for said school, it shall be the duty of such purchasing agent to visit each of said schools at least once during each quarterly period, at which time the estimates for the succeeding quarter as herein provided, and a statement of the needs of said institution shall be submitted to him by the executive head thereof. He shall from time to time make reports to said normal school board of the business affairs of said schools, with such recommendations as he may deem proper. All salaries for resident directors heretofore paid or provided for are hereby discontinued. (Chap. 119, sec. 3, 1905.) 283. Statements of purchasing agent — Each purchasing agent shall at the close of each month prepare in triplicate statements showing all pur- chases made by him during said month for the several institutions, the names and addresses of persons from whom said purchases were made and the several prices paid therefor. He shall accompany the same with an affidavit that the statement is correct, that the articles therein specified were duly authorized by the proper board upon prepared statements and esti- mates, were received under his direction at the institution named therein, that the several prices paid therefor were reasonable, that said goods were of proper and stipulated quality and grade, and that neither he nor any per- son in his behalf has any pecuniary or other interest in said purchases, or has received or will receive in any way any pecuniary or other benefii therefrom. He shall also each month prepare in triplicate and cause to be re- ceipted by the signatures of the several parties named therein, payrolls showing the monthly salaries and compensation of all officers, teachers and employes in said several institutions, and shall file one copy of said state- STATE UNIVERSITY. 91 ment and said payroll with the president of the board of regents or president of the normal school board, as the case may be, and two copies with thG state auditor. The auditor upon receiving the same shall draw his warrant upon the state treasurer for the amount called for in each expense list and payroll, and transmit the same to the treasurer, attaching thereto a copy of said expense list and payroll. Upon receipt of the same the treasurer shall send his checks to the several persons named therein for the amount of their respective claims. (Chap. 119, sec. 4, 1905.) 284. Limitations of expenses — No member of the board of regents or of the normal school board, and no person in the employ of either board shall be paid for any expense incurred, unless it shall appear that said ex- pense was duly authorized by the executive committee or the president of the board, and an itemized, verified account of the same, accompanied by sub-vouchers, where said sub-vouchers are practicable, is furnished by the claimant, and filed with the state auditor for his written audit. Such verification shall state that said expense bill is just and correct and for money actually and necessarily paid or to be paid for the purposes therein stated. If said expense is to be incurred in visiting another state, then, before said visit is authorized or undertaken, the said executive committee or president must certify, in writing, the purpose of said visit, the necessity existing for the same, and the maximum expense to be incurred therefor, which certificate must be presented to the governor of the state for his approval. If he does not approve the same, the said visit shall not be undertaken. If the above provisions are complied with, the auditor shall pay such expense account in the same manner as monthly expenses and salaries are paid under the provisions of this act. (Chap. 119, sec. 5, 1905.) 285. Appropriation not to be exceeded — It shall be unlawful for the board of regents of the normal school board to permit any expenditures for any purpose in excess of the amount appropriated or contemplated by law, and any member or agent of either of said boards violating this provision, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or be imprisoned in the county jail for not less than six (6) months, or by both fine and imprisonment. (Chap. 119, sec. 6, 1905.) 286. Financial authority of board of control — The board of control shall have and exercise full authority in all financial matters of the several in- stitutions named in this act, so far only as relates to the erection and con- struction of new buildings, the purchasing of fuel, and the placing of in- surance on buildings and contents. When new buildings are to be erected and constructed by authority of the state it shall be the duty of the board of control to cause to be prepared plans and specifications for the same, but in so doing it shall consult with the local board in respect to said plans and specifications, and shall adopt and carry out, so far as it deems prac- tical, their request and desires in the matter. The board shall not let any contract for the erection and construction of new buildings that may hereafter be constructed, without first publicly ad- vertising for at least two weeks in some legal newspaper, published in the country, where the work is to be performed, for separate sealed bids for 92 STATE UNIVERSITY. general construction, plumbing, heating, ventilating work required in the construction of such buildings, and for separate sealed bids covering the entire work required in such construction in which advertisement, the time and place shall be fixed for the opening of such bids, and that all such bids, shall be opened publicly, and a record of the same, giving the name of the bidder, the classification of the work or material bid upon, and the amount of the bid, shall be made and filed with the secretary of said board as a public record, and that no such contract shall be made and entered into except with competent and responsible contractors and builders who can furnish a good and sufficient bond as required by law. (c. 119, sec. 7, G. u. 1905, as amended by c. 36, 1911.) 287. Term of office — Vacancies — The term of office of the regents shall be six years, and until their successors qualify, beginning on the first. Wednesday in March succeeding their appointment. Any appointment to fill a vacancy shall be for the unexpired term. (1471) 288. Officers — Meetings — Bonds — The board shall elect one of ltd members as president, and also a recording secretary and treasurer, neither of whom may be a regent, and in its discretion it may elect a vice president. They shall hold office during the pleasure of the board. The annual meet- ing shall be held on the second Tuesday in December. Such special meet- ings may be held as the board may direct. Before entering upon the duties of his office, the president shall file with the secretary of state a bond to the state in the sum of ten thousand dollars, and the treasurer a bond in the sum of fifty thousand dollars, both to be approved by the governor, conditioned for the faithful performance of the duties of their respective offices. (1472) 289. Duties of board — The board shall enact by-laws for the educational government of the university, and shall elect proper professors, including a professor in Scandinavian language and literature, teachers, officers and employes, and fix their salaries and terms of office, determine the moral and educational qualifications of applicants for admission, prescribe text- books and authorities and courses of study, and, in their discretion, confer such degrees and diplomas as are usual in universities. It shall have supervision and control of the agricultural experiment station, and of the experimental tree station, and, with the advice of the president and sec- retary of the state, horticultural society, shall appoint a superintendent of such tree station, who shall report to the board as it may direct, and to such society annually in person at its winter meeting. (1473) 290. Surveys and reports — It shall continue until completed all sur- veys and statistics as now provided by law, and make annual reports there- of to the governor, on or before the second Tuesday in December, showing the progress of the work, with necessary and proper maps, drawings, and specifications, and shall lay the same before the legislature. Upon the completion of any separate portion of such surveys, it shall prepare a final report, embodying all important matters relating to such portion, and submit the same in like manner, and. upon final completion of any survey, shall in like manner make a final report thereof. (1474) STATE UNIVERSITY. 93 291. Specimens — The board shall cause proper collections, skillfully prepared, secured, and labeled, of all specimens discovered or examined in such surveys, to be preserved in the university, in convenient rooms, and in charge of a scientific curator, for public inspection. It shall also prepare duplicate collections for each state normal school, and for exchange with the Smithsonian Institution and with other universities and scientific in- stitutions. (1475) 292. Report of board — On or before the second Tuesday in December, the board shall make an annual report to the governor, showing in detail the progress and condition of the university during the preceding university year, its wants, the nature, cost, and result of all improvements, experi- ments and investigations, the number and names of professors, teachers, and students in each department, the amount of money received and dis- bursed, and such other matters, including industrial and economic statistics, as it may deem important. A copy of such report shall be transmitted to each college or university endowed by act of Congress, and to the secretary of the interior. (1476) 233. Power to accept bequests, etc. — The University of Minnesota may accept, in trust or otherwise, any gift, grant, bequest, or devise for educa- tional purposes, and may hold, manage, invest, and dispose of the same, and the proceeds and income thereof, in accordance with the terms and con- ditions of such gift, grant, bequest, or devise, and of the acceptance thereof; and any person or persons contributing not less than fifty thousand dol- lars to the university may endow a professorship therein, the name and object of which shall be determined by the board. (1477) 294. Gifts to University — The University of Minnesota may accept, in trust or otherwise, any gift, grant, bequest or devise for educational pur- poses, and may hold, manage, invest and dispose of the same and the proceeds and income thereof, in accordance with the terms and conditions of such gift, grant, bequest or devise, and of the acceptance thereof; and any person or persons contributing not less than fifty thousand dollars ($50,000) to the university may endow a professorship therein, the name and object of which shall be determined by the board of regents. (Chap. 187, sec. 1, 1905.) 295. Power to use; eminent domain — If the purposes of such gift, grant, devise or bequest are not otherwise limited by the donor the Univer- sity of Minnesota may use the same or the proceeds thereof for any of the purposes of the university, and may. among other things, construct build- ings and acquire land. In case it is desired to use the same for the acquisi- tion of land the power of eminent domain may be exercised either in accordance with sections 4085 to 4091, inclusive, General Statutes 1894, or chapter 41 of the Revised Laws 1905. (Chap. 187, sec. 2, 1905.) 296. Funds to be deposited in state treasury — All such gifts, grants, bequests, and devises, and the proceeds and income therefrom, and all securities pertaining thereto, shall be deposited in the state treasury for the use of the university, and subject to its order. (1478) 94 STATE UNIVERSITY. 297. Bonds to bear not less than 3 per cent — The permanent school aiifj university funds shall be invested in the bonds of the United States, or jn bonds of this or of any other state, or in bonds of any school district or county drainage bonds of this state, bearing not less than three per cent interest, and in bonds of any county (other than drainage bonds) and i'J the bonds of any city, town or village of this state, bearing not less thai) four (4) per cent interest, as provided by law ; but no investment shall be made in bonds issued to aid in the construction of any railroad. The governor treasurer and auditor are hereby constituted a board of investment, whosi duty it shall be to invest all funds derived from the sale of public lands except as otherwise provided by law. The auditor shall be secretary of said board, keep a record of its proceedings and publish the same with his an nual report. The treasurer shall place on credit of the respective funds the interest received on said bonds. They shall not be transferable excep' upon the order of the governor and auditor, and on each shall be written "Minnesota School Fund Bond," or "Bond on the University of Minnesota," as the case may require, transferable only upon the order of the governor and state auditor. The auditor shall keep a record showing the name, ana amount of each bond, when issued, when redeemable, the rate of interest, when and where payable, by whom executed, when purchased, when with- drawn, and for what purpose. (2435, as amended by chap. 348, 1907. > 298. Organization — The university shall comprise: (1) A college o. science, literature and arts; (2) a college of agriculture, including military tactics, (3) a college of mechanic arts; (4) a college or department of law. (5) a college or department of medicine; (6) a college or department oi dentistry. (1479) 299 Department of pedagogy — That it shall be the duty of the boar. I of regents to organize and establish in the University of Minnesota as soon as practicable a teacher's college, or department of pedagogy, for the pur- pose of affording proper professional training for those persons who intend to become public and high school instructors, principals and superintend- ents of schools. (Chap. 120, 1905.) 300. School of agriculture at Crookston — There shall be established at or near the city of Crookston, in the county of Polk, under the direction and educational supervision of the board of regents of the University of Minnesota, a school of agriculture, which shall be a department of the University of Minnesota, under such name and designation as the board of regents may determine, and wherein shall be taught such studies and branches of learning as are related to agriculture and domestic economy. (Chap. 132, 1905.) 301. Sectarian instruction prohibited — In the selection of professors, instructors, officers and assistants of the university, in the studies and exercises, and in the management and government thereof, no partiality or preference shall be shown on account of political or religious belief or opinion, nor shall anything sectarian be taught therein. (1480) 302. Duties of president — The president of the university shall be presi- dent of the general faculty and of the faculties of the several colleges ov STATE UNIVERSITY. 95 departments and the executive head of the university in all its depart- ments. Subject to the board of regents, he shall give general, direction to the practical affairs and scientific investigations of the university, and, in the recess of the board, may remove any employe or subordinate officer, not a member of the faculty, and supply for the time any vacancy among such employes and officers. He shall be ex officio corresponding secretary of the board of regents, and may be charged with the duties of one of the professorships. (1481) 303. Reports of president — On or before the second Tuesday in Decem- ber of each year, he shall make a report to the state superintendent, showing in detail the progress and condition of the university during the previous university year, the number of professors and students in each department, and such other matters relating, to the educational work of the institution as he shall deem useful, or as the state superintendent may require. He shall also at the same time report to the board of regents the progress and condition of the university during the same time, the nature and results of all important experiments and investigations, and such other matters, including industrial and economic facts and statistics, as he may deem use- ful, or as such board may require. (1482) 304. Standing appropriation — There is hereby annually appropriated for the general maintenance of the university: 1. The interest and income of the permanent university fund, arising from the sale of lands granted to the state by act of Congress entitled "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, or from any other source. 2. The proceeds of twenty-three one-hundredths mills on the dollar of the state school tax. The lands granted by the general government to the state to aid in the development of brines, and known as the state salt lands, and those granted by an act of Congress entitled "An act granting lands to the state of Min- nesota in lieu of certain lands heretofore granted to said state," approved March 3, 1879, and the funds arising from their sale, are hereby appropriated for the completion of the geological and natural history survey. (1483) 305. Same — School of mines — The following sums are hereby appro- priated annually, out of the state treasury: For the support of the school of mines of the state university, five thousand dollars. For the salaries of instructors in said school of mines and for the salary of a professor of electrical engineering in said university, forty-five hundred dollars. (1484) 306. University — Free tuition — Any resident of the state graduated from the school for the blind, upon compliance with all other requirements, shall be entitled to pursue any course of study in the state university, with- out expense for tuition, and the board of regents shall receive him into any department thereof. (1935) 307. University depository of state publications — The general library of the University of Minnesota is hereby made a depository of all books, 96 STATE UNIVERSITY. pamphlets, documents, maps and other works published by or under the authority of the State of Minnesota. (Chap. 278, sec. 1, 1905.) 308. State officials to deliver publications — It shall be the duty of the secretary of state, and of all other officials and boards having the custody or distribution of such publications, to deliver to the said library one copy of each so soon as ready for distribution; and thereafter whenever different works are bound up together, one copy of each bound volume; provided, that the said library shall be entitled to receive 5 copies of the Legislative Manual. The said officers may in their discretion issue to the said library additional copies as requested by the librarian. (Chap. 278, sec. 2, 1905.) 309. Appropriation for agricultural experiment station — That the State of Minnesota does hereby assent to the grants of money authorized by an act of the congress of the United States, entitled, "An act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof." (Chap. 101, 1907.) 310. $16,000 appropriated for fruit breeding farm — There is hereby appropriated out of money in the state treasury not otherwise appropriated, the sum of sixteen thousand dollars ($16,000), or as much thereof as may be necessary, for the purchase of a fruit breeding farm for the state uni- versity by the board of regents of the state university as hereinafter pro- vided. (Chap. 334, sec. 1, 1907.) 311. $2,000 annually appropriated — There is hereby annually appro- priated out of any money in the state treasury, not otherwise appropriated, the sum of two thousand dollars ($2,000), for the care and management of said fruit breeding farm. (Chap. 334, sec. 2, 1907.) 312. Regents to select a fruit farm — As soon as may be after the pas- sage of this act, the board of regents of the state university shall select a fruit farm which shall meet with the approval of the executive board of the Minnesota state horticultural society as being well adapted for fruit breed- ing purposes. (Chap. 334, sec. 3, 1907.) 313. Visitors committee — The executive board of the Minnesota state horticultural society is hereby required to appoint a committee of two suit- able persons to visit said fruit breeding farm, at least once in each year, to examine the fruit breeding work being done there, and to report on the progress of such work to the Minnesota state horticultural society and board of regents of the state university, together with such recommenda- tions for the future conduct of said farm as may seem to them best. (Chap. 334, sec. 4, 1907.) 314. Penalty for selling liquors — Any person who shall sell any intoxi- cating liquor or cigarettes, or maintain a drinking place, within one mile of the University Farm of the School of Agriculture of the University of Min- nesota, located in Ramsey county, Minnesota, on section 21, township 29, and range 23 west, or shall aid or abet another in either of such acts, shall be guilty of a gross misdemeanor and shall be punished for the first offense with a fine of not more than $100.00 or improsonment for not less than sixty days nor more than ninety days; for each subsequent offense, by a fine of STATE UNIVERSITY. 97 not less than $500.00 nor more than $1,000.00, or by imprisonment in the. county jail for not less than six months nor more than one year, or by both. (Chap. 378, 1907.) 315. Free education for soldiers of American-Spanish war — That any person who, being at the time a resident of the State of Minnesota, enlisted in the army or navy of the United States during the late war between th? United States for the war against the Kingdom of Spain, and who was honor- ably discharged therefrom, shall upon complying with all other require- ments for admission, be entitled to pursue any course or courses in the University of Minnesota without expense for tuition. (Chap. 158, sec. 1, 1907.) 316. Duty of regents — It is hereby made the duty of the board of re- gents of the University of Minnesota to accept in any college, school or de- partment thereof, any student who comes within the definition of section 1 of this act, without any charge to said student for tuition, and to refund to any student who may come under the provisions of this act any money which he has paid in as tuition since his discharge. (Chap. 158, sec. 2, 1907.) 317. Forest demonstrations — The board of regents of the state univer- sity may, in their discretion, use for their forest demonstrations work in connection with the forestry course in the state university any suitable tracts of land in Itasca State Park that may be assigned to them for this purpose by the state forestry board, or may undertake forestry work in the said park or elsewhere in conjunction with the state forestry board. (Chap. 90, sec. 3, 1907.) 318. Agricultural extension and home education — The board of regents of the University of Minnesota is hereby authorized and directed to estab- lish a division of agricultural extension and home education in the depart- ment of agriculture of the University of Minnesota. (Sec. 1, c. 440, 1909.) 319. Purposes of work — The purpose and work of said division shall be to devise and prescribe comprehensive elementary courses in the various phases of husbandry; to teach such courses to all persons in the state de- siring instruction in them, or any of them, in accordance with sections 4 and 5 of this act, by means of correspondence with them at their homes; by providing local lectures, demonstrations, instructions and any informa- tion calculated to elevate agriculture to a higher economic and social plane and make country life more attractive and to publish frequent home educa- tion bulletins which shall give in plain and practical form the results of the experiments and investigations of the various divisions of the state experiment station and sub-stations of the University of Minnesota and such other information as may be useful in any farm home. (Sec. 2, c. 440, 1909.) 320. Officers of division — That the officers of said division shall be a chief, who shall have general oversight and immediate charge of the work of said division; associates consisting of the chiefs of the divisions of in- vestigation and instruction in the department of agriculture of the Univer- sity of Minnesota, who shall serve in an advisory capacity; an editor who 98 NORMAL, SCHOOLS. shall edit and prepare for publication such material as the chief of the division may direct, and such other faculty, assistants and clerks as may • be needed for the greatest usefulness of said division. (Sec. 3, c. 440, 1909.) 321. Free instruction — That all persons who reside in the State of Min- nesota shall have the right to take free of charge any courses of instruc- tion offered in the division of agricultural extension and home education as provided for in section 2 of this act, and shall be subject to such rules and regulations as said division of agricultural extension and home educa- tion shall establish under the authority and direction of the board of re- gents of the University of Minnesota. (Sec. 4, c. 440, 1909.) 322. Bulletins to be issued — The home education bulletins authorized by this act shall be sent free to all persons resident within the state who shall request said bulletins to be sent to them. (Sec. 5, c. 440, 1909.) 323. Fifty thousand dollars appropriated — The sum of fifty thousand (50,000) dollars is hereby set aside and appropriated to the University of Minnesota for the purpose of establishing said division of agricultural ex- tension and home education in agriculture and husbandry, and maintaining the same and defraying any expenses incident to the establishment, main- tenance and operation of same, and said division shall be furnished free rooms for their work at and in connection with the department of agricul- ture of the University of Minnesota at St. Anthony Park, St. Paul, and said sum shall be expended by the board of regents of the University of Minne- sota for said purposes during the college years beginning in September of 1909 and 1910. (Sec. 6, c. 440, 1909.) 324. Co-operation — The board of regents shall co-operate, if it seems advisable, with the board of administration of the state farmers' institutes in carrying on the educational work provided for in this act. (Sec. 7, c. 440, 1909.) CHAPTER XX. NORMAL SCHOOLS. 325. Normal schools — The normal schools of the state shall be known as the "Winona State Normal School," the "Mankato State Normal School," the "St. Cloud State Normal School," the "Moorhead State Normal School," and the "Duluth State Normal School," respectively. (1436) A normal school is not a school district, within the contemplation of the statute, and the attendance in the model school department thereof does not entitle the normal school to share in the apportionment of the public school fund. — Childs. May 7, 1897. 326. Model schools — The normal school board may organize model schools in connection with each normal school, for illustrating methods of teaching and school government only. (1437) NORMAL SCHOOLS. 99 327. Tuition — There shall be no charge for tuition or incidental ex- penses to students in normal schools who file with the president of the school board a declaration of intention to teach in the public schools of the state for not less than two years after leaving such school. The board shall fix rates of tuition for other students, and for pupils in the model schools. (1438) 328. Normal school board — -The educational management of the normal schools is vested in a board of eight directors, who, with the state superin- tendent, shall constitute the normal school board. Such directors shall be appointed by the governor, subject to confirmation by the senate, for a term of four years. The governor shall in like manner fill for the unexpired term all vacancies in the board. There shall be one director resident in each county in which a normal school is located, and no two shall be residents of the same county. (1439) The state normal school board may establish, by rule or regulation, the ages between which children may be received into the model department. — Douglas, Aug. 17, 1900. (As to authority of board to elect a purchasing agent, and as to his duties, see sees. 282 and 283.) 329. Normal board may shorten session — That there shall be held at each of the state normal schools in this state a summer session of twelve (12) weeks each, under the direction of the state normal board. These summer sessions shall be a part of and in all respects be the same as the session now provided for by law. The provisions for attendance at these summer sessions shall be the same as those now in force and the arrange- ments of the terms in the school year shall be such as to most fully serve the welfare of rural schools. Provided, that said normal board may, in its discretion and when the interests of the state may be best subserved there- by, direct that a shorter session than twelve weeks be held at any of said school. (See 1, c. 164, G. L. 1907, as amended by c. 112, 1909.) 330. Appropriations for summer sessions — There shall be appropriated out of any money in the state treasury not otherwise appropriated $30,000, or so much thereof as shall be necessary, to defray the expenses of the sessions provided for in section 1 hereof, the same to become available August 1, 1907; and that the sum of $30,000, or so much thereof as shall be necessary, shall be appropriated for such sessions, to become available August 1, 1908. Provided, that no part of the standing appropriation for the support of institutes and training schools, provided for in section 1435, Revised Laws, 1905, shall be used for the support of the schools provided for in this act, or for the support of any institute or training school held at or in connection with any normal school in this state. (Chap. 164, see. 2, 1907) 331. Annual meeting and officers — The annual meeting of the board shall be held on the first Tuesday in June. At such meeting it shall choose by ballot a president, whose term of office shall be for two years, and until his successor qualifies. In case of vacancy, the governor shall appoint one of the directors president until the next annual meeting, and until his sue 100 ' MISCELLANEOUS PROVISIONS. cessor qualifies. The state superintendent shall be secretary of the board. (1440) 332. Duties of board — The board shall have the educational manage- ment, supervision, and control of the normal schools, and of all property appertaining thereto. It shall appoint all presidents, professors, and teach- ers therein, and fix their salaries, but the salary of any president shall not exceed three thousand dollars per annum. It shall prescribe courses of study, conditions of admission, prepare and confer diplomas, report grad- uates of the normal department, and adopt suitable rules and regulations for the schools. It shall, as a whole or by committee, visit and thoroughly inspect the grounds, buildings, modes of instruction, discipline, and man- agement of each school, at least once in each term. It shall report to the governor annually, on or before December 1, the condition, wants, and pros- pects of each school, with recommendations for its improvement. (1441) 333. Report to state superintendent — The president of each normal school shall make an annual written report to the state superintendent on or before September 1, covering the term year of his school, and setting forth its general statistics, enrollment in each department and in each class of the normal department, average attendance, the number graduat- ing within the year, the number of teachers, the departments of each, and the general condition of its buildings, library, and apparatus, the number and names of all graduates then engaged in teaching, as far as known to him, and the district or county in which each is teaching, and such other matters and suggestions as he may deem of interest to the public, or con- ducive to the good of the school. (1442) 334. Compensation of board — The directors shall be reimbursed for their actual expenses while engaged in duty for the normal schools out of the current funds belonging to such schools. (1443) 335. Standing appropriation — The following sums are hereby appro- priated annually from the state treasury for current expense and mainte- nance of the normal schools: At St. Cloud, twenty-two thousand dollars; at Winona, twenty-four thousand dollars; at Mankato, twenty-four thousand dollars; at Moorhead, sixteen thousand dollars. (1444) CHAPTER XXI. MISCELLANEOUS PROVISIONS. 336. — County public examiner — How appointed — In any county of this state, having at any time a population of more than one hundred thousand (100,000) inhabitants and an area of more than five thousand (5,000) square miles, it shall be the duty of the judge or judges of the district court in the district in which such county is situate to appoint a person of suitable qualifications, a resident of said county, for the term of two years, whose MISCELLANEOUS PROVISIONS. 101 title shall be "public examiner of (insert name county)," whose duties and salary shall be as fixed by this act. (Chap. 131, sec. 1, 1907.) 337. Qualifications — Any appointee under this act shall qualify by filing; in the office of the county auditor of such county an oath, which shall be sworn to before some person authorized to administer oaths in said county, to the effect that he will faithfully discharge the duties imposed upon him by law and will make due returns of all his doings as required by this act, and such appointee shall also file with said county auditor a bond in the sum of five thousand dollars ($5,000), conditioned upon the faithful per- formance of his duties as such examiner, the same to be approved by the board of county commissioners of such county, to run to the county and to be for the benefit of the county and of any and all persons who may suffer loss or damage by reason of the failure of such examiner to faithfully discharge his said duties. (Chap. 131, sec. 2, 1907.) 338. Compensation — The salary of any person appointed to the office of examiner under this act shall be two thousand five hundred dollars (2,500) per annum, to be paid from the county treasury in monthly install- ments at the end of each month as other county salaries are paid. (Chap. 131, sec. 3, 1907.) 339. Powers and duties — It shall be the duty of any examiner appointed under the provisions of this act to make, during each year of his office, a full, thorough and complete examination of the affairs of each township, village, city and school district in his said county with reference to the method of keeping the books thereof and the accuracy of such books so kept, with reference to the mode of auditing and paying the bills thereof, with reference to the legal or illegal nature of the charges made for services rendered and supplies furnished to the same, with reference to the character and amount of any and all assets and securities held by the officers thereof, with reference to the character and amount of any commis- sions, percentages or charges for services exacted by such officers without warrant of law, with reference to the bonded or other indebtedness thereof, the purposes for which it was contracted and proceeds thereof expended, with reference to the method and place of keeping the funds thereof and the safety of the. place of deposit of any such funds, and, in general, with refer- ence to any matter or thing which concerns the proper conduct of the public business of any such township, village, city or school district. He shall also in all cases which seem to require it instruct the officials of any township, village, city or school district in the proper method of conducting the pub- lic business in his charge, with such criticisms and suggestions as to the law applicable thereto as will tend to secure uniformity in the conduct of public business throughout said county. (Chap. 131, sec. 4, 1907.) 340. Penalties — To enable such examiner to perform the services herein required of him, the various officers and employes of any township, village, city or school district, whose affairs he shall be hereunder directed to ex- amine shall afford all reasonable and needed facilities therefor, and it is hereby made the duty of any and all such officers, officials and employes to 102 MISCELLANEOUS PROVISIONS. make returns and exhibits to the said examiner under oath in such form and at such time or times as he shall prescribe; and each and every person so required who shall refuse or neglect to make such return or exhibit or to give such information as may be required by said examiner shall be guilty of felony, and shall be liable on conviction to a fine not ex- ceeding one thousand dollars ($1,000.00), or imprisonment in the state prison for a period not exceeding one year; and if any person, in making such exhibit or giving such information, or affording any statement required under this act, on his oath, shall knowingly swear falsely concerning the same he shall be deemed guilty of perjury and punished accordingly. And the said inspector shall have full power and authority for the purposes herein named to administer oaths, to examine any of the books, papers, accounts, bills, vouchers or other documents or property of any such township, village, city or school districts and any official or officials thereof and the custodian or custodians of any of the funds thereof. (Chap. 131, sec. 5, 1907.) 341. Report — At the regular meetings of the board of county commis- sioners of any such county, held in January and July of each year, and at such other times as required by said board, such examiner shall make to the board a full report of his doings covering the period elapsing since his last previous report and calling attention of the board to any errors, irregu- larities or criminal acts or omissions of any officers or body of officers of which he has become cognizant in the course of his official duties. (Chap. 131, sec. 6, 1907.) 342. Criminal proceedings — How instituted — It shall be the duty of any examiner appointed under this act, upon the discovery by him of any act or practice on the part of any public officer or body of officers of any town- ship, village, city or school district in his county, which is criminal in its nature to report the same to the grand jury of his county at their session next following any such discovery, together with all data obtained by him with reference thereto and the names of any and all persons cognizant of any facts pertinent thereto. It is hereby made the duty of any and all persons having in their possession books, papers, documents or other mate- rial which in the opinion of such examiner should be presented to such grand jury to furnish and entrust the same to the said examiner for such purpose, and any person refusing or failing so to do shall be deemed guilty of felony and shall be liable on conviction to a fine not exceeding one thou- sand dollars ($1,000), or imprisonment in the state prison for a period not exceeding one year. (Chap. 131, sec. 7, 1907.) 343. Public examiner to examine certain records — It is hereby made the duty of the public examiner, in addition to the duties now imposed upon him by law, at least once in each year, to examine and audit, at the request of the county commissioners of any county, the books of accounts and other records required to be kept by law by township, village and school district officers, in townships and villages throughout the state, and if said exam- iner finds said accounts and records correct and kept in accordance with law, and all money and property of the township, village and school district, properly accounted for, he shall make a report of such facts and file the MISCELLANEOUS PROVISIONS. 103 same with the county auditor of the county in which said examination is made. If upon such examination, errors or violations of law are found in the keeping of the accounts or handling of the money or property of the town- ship, village or school district, such errors or violations of law shall be reported in detail in writing by the said examiner, and said report shall be filed with the county auditor of the county in which the examination is made. Said reports made by the examiner shall be open for inspection by the public at all times during the business hours of the auditor's office. (Chap. 344, sec. 1, 1907.) 344. County attorney to examine reports of examiner — It shall be the duty of the county attorney of each county to examine the reports made and filed by the examiner in the office of the county auditor pursuant to this act, and when such report shows a violation of law, the misappropria- tion of public funds or any other irregularity upon which criminal or civil prosecution can be based, he shall proceed to enforce the law against any offending officer or officers of said school district, township or village. (Chap. 344, sec. 2, 1907.) 345. Compensation of assistant examiners — The examiner in order to carry out the work of such examination may employ from time to time assistants and deputies, who shall receive for their compensation five dollars (5) per day for the time employed and expenses, to be paid by the county in which the work or services are performed. (Chap. 344, sec. 3, 1907.) 346. Books to be delivered — All township, village and school officers are hereby required, when requested so to do by said examiner, to deliver to said examiner or his deputies or assistants, the books and records of his office for the purpose of examination, and any officer refusing to deliver the books and records of his - office shall be guilty of a misdemeanor. (Chap. 344, sec. 4, 1907.) 347. Standing appropriation for investment — There are hereby annually appropriated for the purposes of investment all moneys received into the state treasury to the credit' of the permanent school fund, permanent uni- versity fund, internal improvement land fund, and all other funds required to be invested in securities, or which may be loaned as provided by law. (-2436) 348. Standing appropriation for expenses of investment — There are hereby annually appropriated such sums as shall be found necessary for the' incidental expenses of purchase, including the payment of interest accrued at the time of purchase, of bonds for the permanent school and university funds, payable from the current or general school and university funds, re- spectively, and for like expenses of the purchase of bonds for the other permanent funds referred to in section 2436, payable from the respective current or general funds. (2437) 349. Powers of state board of health and school boards — As to the power of the state board of health as to the construction and equipment of schools in respect to sanitary conditions; the furnishing of vaccine matter; 104 MISCELLANEOUS PROVISIONS. the assembling during epidemics of smallpox with other persons not vac- cinated; and as to the power of school boards compelling the vaccination of children or excluding them from school during epidemics of smallpox, see sec. 2131, R. L. 1905. In the absence of a statute making vaccination a condition precedent to the right of children to attend school, a rule of the State Board of Health which has general supervision over public health, making a certificate of vaccination a con- dition of the right of children to attend the public schools, cannot be sustained as an exercise of police power; and such a rule, made when there is no epidemic of smallpox and no reasonable apprehension that the disease may become prevalent, is unconstitutional and void. — Supreme Court of Wis., 70 N. W. Rep. 347. A general grant of power in broad and comprehensive terms to make rules for the preservation of public health, vests in the authorities to whom it is granted power to enforce, in cases of emergency, rendering it necessary in the interests of public health and for the prevention of smallpox, a regulation requiring children to be vaccinated as a condition to their admission to the public schools. — 86 M. 353. 350. School inspectors, how elected — In all cities containing a popula- tion of less than ten thousand (10,000) inhabitants, in which the boundaries of a special school district created by special law of this state are co- terminus with the boundaries of the city and in which, by reason of the adoption of a home rule charter, no provision has been made for the election of school inspectors at the city election, such school inspectors shall be elected at the biennial city elections of such city in the following manner: Such school inspectors shall be elected and shall serve for the term of four years, except that in a subdivision of territory in which only one school inspector is elected, the term of such school inspector shall be for two years. At the city election in such cities to be held in the year 1910, the school inspectors who were elected in 1907 shall be elected to hold for a term of four years. The term of those school inspectors elected in 1907 is hereby extended for the term of three years. The term of those school in- spectors elected at the city elections held in 1908 is hereby extended for the term of four years, except that the school inspector elected from a district or ward which is entitled to only one inspector shall be elected in 1910. (Sec. 1, c. 212, 1909.) 351. School inspectors; how nominated — Said school inspectors may be nominated at the time nominations for city officers are made and the names of such nominees shall be placed on the official ballot at such city election and shall be voted for and the votes counted, canvassed and returned in the same manner as votes for city officers are counted, canvassed and returned (Sec. 2, c. 212, 1909.) 352. Prohibiting the use of basement rooms for graded school purposes — It shall be unlawful for any school board of any public school in any city having a population of twenty thousand or more inhabitants to maintain or allow any basement room to be used for grade school purposes, except rooms used exclusively for the purpose of teaching domestic science, man- ual training or physical culture; provided, however, that two basement rooms, during the year 1910, and one basement room, during the years 1911- 1912, may be used in any one building. (Sec. 1, c. 52, 1909.) 353. Basement room defined — For the purpose of this act a basement room shall mean any room the floor of which is below the surface of the surrounding ground on all sides of said room. (Sec. 2, c. 52, 1909.) MISCELLANEOUS PROVISIONS. 105 354. Misdemeanor prescribed — Any such school director of any public school violating section 1 of this act shall be guilty of a misdemeanor for each and every offense. (Sec. 3, c. 52, 1909.) 355. Eleven-mill tax for school purposes — School districts now or here- after having not less than 20,000 inhabitants nor more than 50,000 inhabi- tants, are hereby empowered to annually levy for the general fund of sucb district a school tax not exceeding eleven (11) mills oh the dollar of the valuation of all taxable property in such school district, according to the last preceding official assessment thereof. (Sec. 2, c. 24, 1911, repealing sec. 25, G. L. 1905.) 356. Provisions to apply to districts existing under general or special law — 'Chapter repealed — The provisions of this act shall apply to every school district within the above mentioned class, whether existing under general or special law, and in determining to what school district this act shall apply, reference shall only be had to the state census last taken. (Sec. 2, c. 24, 1911, repealing sec. 25, G. L. 1905.) 357. Twenty-mill tax authorized for school purposes — The school board of any school district within this state organized and existing under any special law and containing a population of less than 3,000 people is hereby authorized to levy a tax of not to exceed twenty (20) mills on the dollar for school purposes, exclusive of tax levy for interest on bonded indebtedness, sinking fund or building fund, notwithstanding any limitation as to the amount of taxes which may be levied by the special act under which such school district was organized. (Sec. 2, c. 233, 1911.) 358. Election of members of board of education in certain cities — That in all cities containing a population of less than ten thousand (10,000) and more than four thousand (4,000) inhabitants, in which the boundaries of a special school district or an independent district partly affected by special laws are co-extensive with the boundaries of the city, and in which, by rea- son of the adoption of a home rule charter, or by the terms of any special act relating to the district, no provision has been made for the election of members of the board of education at the city election, such members of the board of education shall be elected at the biennial elections of such city in the following manner: Such members of the board of education shall be elected by the quali- fied voters of the district (city) as other city officers are elected at the said biennial election, and shall serve for the period of four years. The terms of those last elected shall be extended until two years after the next char- ter election. The terms of those elected at the election prior to the last elec- tion shall expire at the next charter election. (Sec. 1, c. 38, 1911.) 359. May be nominated same as other city officers — Said members of the board of education may be nominated at the time nominations for city officers are made, and the names of such nominees shall be placed on the official ballot at such city, elections and shall be voted for and the votes counted, canvassed, and returned in the same manner as votes for city offi- cers are counted, canvassed and returned. Provided, that nothing in this act shall be construed to affect the provisions of chapter 212, Laws of 1909. (Sec. 2, c. 38, 1911.) 106 RETIREMENT FUND ASSOCIATION. 360. Chapter 371 of the General Laws of 1901, amending section 3674, Gen. Stat, of 1894, as amended by chapter 251 of the General Laws of 1897, was repealed by Revised Laws, but afterward amended by chapter 183, General Laws of 1905, which later amendment is as follows: That the first proviso of section one (1), chapter three hundred seven- ty-one (371), of the Laws of nineteen hundred and one (1901), be amended so as to read as follows: Provided, that when the territory of the district or districts to be affected by such formation, alteration, consolidation or setting off of any freeholder from one district and attaching him to another consists of parts of two or more counties, the petition shall be in duplicate or more, as the case may be, and one presented to the commissioners of each of such counties, who shall Severally proceed to hear the petition in the manner directed; that to effect the formation, alteration, consolidation or setting off of any freeholder from one district and attaching him to another, in such petition desired, shall require the concurrent action of the commis- sioners of each of such counties. The determination of the commissioners in each county shall be entered upon their records in the several counties by the several county auditors, who shall file the copies thereof with the clerks of the districts affected thereby in their respective counties in the manner directed, and also with the county auditors in each of the counties petitioned. Provided, further, that whenever the territory of such district in either of said counties has an assessed valuation of not less than fifty thousand dollars ($50,000), and has resident therein not less than fifteen (15) chil- dren of school age, the county commissioners of either county may organize that part of such district lying in their county into a separate school dis- trict, or consolidate the same with an adjoining district in the same county. Provided, that this act shall only apply to counties having a population of 225,000 or more and counties adjoining thereto. That in case any division of a school district is made under this act, the county commissioners of the counties in which said district is situated shall divide and apportion property of such district in proportion to the assessed valuation thereof. (Chap. 183, Laws 1905.) CHAPTER XXII. RETIREMENT FOND ASSOCIATIONS. 361. Teachers' retirement fund pension — In every city of this state now or hereafter having a population of more than ten thousand inhabi- tants, the teaching body may, with the consent of the common council or city council in said city, establish an association to be known as "Teachers' Retirement Fund Association," said association to be formed and organized and to have powers and privileges as hereinafter provided. (Sec. 1, c. 343, G. L. 1909, as amended by sec. 1, c. 383, 1911.) 362. Corporation to be formed — Any plan for the establishment of such an association shall include a provision for the organization of a corpora- RETIREMENT FUND ASSOCIATION. 107 tion under the provisions of chapter fifty-eight of the Revised Laws of 190o and acts amendatory thereof. (Sec. 2, c. 343, 1909.) 363. In cities of more than 10,000 inhabitants — Teaching body to form plan of incorporation — Whenever any teaching body of any city of this state having a population of more than ten thousand inhabitants desires to avail itself of the privileges of this act, said teaching body shall formu- late a plan for the formation and incorporation of such an association and the collection and disbursement of a fund for the benefit of retired teach- ers in said city, which said plan shall be submitted to the common council or city council of said city for approval, and when the same is approved by said common council or city council, the said association so established and incorporated shall have full power and authority to receive and dis- burse funds in accordance with the said plan so adopted. (Sec. 3, c. 343, 1909, as amended by sec. 2, c. 383, 1911.) 364. Plan to be approved by board of education — No such association shall be incorporated and commence to collect and disburse funds until the plan so to be proposed by the said teaching body shall be approved in writing by a majority of all teachers in the employ of the board of edu- cation, and when the said corporation is formed there shall be filed with the articles of incorporation an affidavit made by some officer of the board of education that a majority of the said teachers have approved in writing of the formation of said association. (Sec. 4, c. 343, 1909) 365. Contributors only entitled to benefits— Said plan so to be adopted shall include a provision that only such teachers as make a contribution to the said fund as provided in said plan, shall be entitled to the benefits thereof, and may include a provision that a portion of said fund shall be raised by taxation upon the property of the said city; it being understood, however, that all teachers who are willing to comply with the terms and conditions of the articles of association and by-laws of said association shall be entitled to participate in the benefits of said fund. (Sec. 5, c. 343, 1909.) 366. Officers of association to certify for taxation — When said plan is adopted, as hereinbefore set forth, and said association is formed and in- corporated, the proper officers of said association shall certify annually to the proper authorities, who have charge of the levying of taxes in said city and in the county in which said city is located, the amount which it will be necessary to raise by taxation in order to carry out the plan so adopted, as hereinbefore set forth, for the coming year, and it shall be the duty of the said authorities so having charge of the levying of taxes to in- clude in the tax levy for the ensuing year a tax, in addition to all other taxes, sufficient to produce said sum so certified. Provided, however, that said tax shall in no event exceed one-tenth of a mill upon all taxable property of said city; and the said tax shall be collected as other taxes are collected in said city, and when so collected shall be paid over to the treasurer of said association to be held and dis- bursed in accordance with the provisions of said plan so to be adopted (Sec. 6, c. 343, 1909.) 108 POWERS OF COUNCIL AND BOARDS. 367. Corporation to hold and dispose of real estate — Any such asso- ciation so to be formed shall be empowered to receive, hold and dispose of real estate or personal property acquired by them, either by gift or pur- chase or in any other lawful way, as provided by their articles of associa- tion so to be adopted, as herein provided. (Sec. 7, c. 343, 1909.) 368. Pro rata plan to be provided for — Said plan may provide in the event that the funds of the association are not sufficient to pay annuities? in full, as provided in said plan, in any particular year, that the amount available shall be pro-rated between those entitled to receive the same. (Sec. 8, c. 343, 1909.) 369. Definition of word "teachers" — The word teachers as used in this act shall include superintendents, supervisors, principals, as well as in- structors, who are in the employ of the board of education or board of school inspectors in the city mentioned in this act. (Sec. 9, c. 343, 1909.) CHAPTER XXIII. POWERS OF COUNCIL AND BOARDS OF EDUCATION IN CITIES OF FIFTY THOUSAND INHABITANTS OR MORE. 370. $100,000 bonds authorized for children's public playgrounds — Con- trol of grounds — Any city in the State of Minnesota now or hereafter hav- ing a population of over fifty thousand inhabitants is hereby authorized and empowered, acting by and through the common council of such city. by ordinance duly enacted by an affirmative vote of not less than three- fourths of all members-elect of such common council, to issue and sell not exceeding one hundred thousand dollars ($100,000.00) par value of the bonds of such city, the proceeds thereof to be used for acquiring and im- proving sites for children's public playgrounds in such cities. Such playgrounds shall be public parks and shall be under the direc- tion, supervision and control of the park board or other governing body having direction and supervision of public parks in such cities, and all funds derived from the sale of the bonds hereby authorized shall be cred- ited to the park fund of such city, to be disbursed under the direction of such park board or other governing body, for the use and purpose of sucb children's public playgrounds. Provided, that not more than twenty-five thousand dollars ($25,000.00) par value of such bonds shall be issued during any one calendar year. And no such city shall have power to issue any bonds hereunder after December 31, A. D. 1912. (Sec. 1, c. 357, 1909.) 371. Bonds; how issued — The bonds authorized by section 1 of this act, or any portion thereof, may be issued and sold by any such city, not- withstanding any limitation contained in the charter of such city or in any law of this state prescribing or fixing any limit upon the bonded indebted- ness of such city, but the full faith and credit of any such city shall at all POWERS OF COUNCIL AND BOARDS. 109 times be pledged for the payment of any bonds issued under this act and for the current interest thereon, and the common council of such city shall each year include in the tax levy for such city a sufficient amount to pro- vide for the payment of such interest and for the accumulation of a suit- able sinking fund for the redemption of such bonds at their maturity. Sec. 2, c'357, 1909.) 372. Not to run for a longer period than 30 years at four per cent — How issued and sold — No bonds hereunder shall be issued by any such city for the purpose" herein authorized to run for a longer period than thirty years or bearing a higher rate of interest than four per cent per annum, but the place of payment of the principal and interest thereon and the de- nominations in which the same shall be issued shall be such as may be prescribed by the common council, and may be in the form of- coupon bonds or registered certificates, so-called. All such bonds shall be signed by the mayor, attested by the city clerk and countersigned by the comptroller, and shall be sealed with the seal of such city. Provided, that the signatures to the coupons attached to such bonds, if any, may be lithographed thereon, and none of said bonds shall be sold at less than their par value and accrued interest, and then only to the highest responsible bidder therefor. (Sec. 3, c. 357, 1909.) 373. Application — This act shall apply to cities existing under a char- ter framed pursuant to section thirty-six (36) of article four (4) of the constitution, and all acts and parts of acts inconsistent herewith are here- by repealed. (Sec. 4, c. 307, 1909.) 374. Boards of education to contract for books, supplies, etc. — Boards of education in incorporated cities having over fifty thousand (50,000) in- habitants and constituting special or independent school districts may era ploy superintendents and teachers, and may make rules and regulations for the government of schools and for the employment and examination of teachers and prescribing their powers and duties; and prescribing the de- scription, grading and classification of scholars and their management and the course of insruction and books to be used and other matters pertain- ing to the government and welfare of schools, including the contract for and purchase of text books, pencils, tablets and such other school supplies needful for the schools of the district, and providing for the free use of such text books, pencils, tablets and other school supplies, by the pupils of such schools, or the sale to them at cost; but no such adoption or con- tract for text books shall be for less than three nor more than five years, during which time such text books adopted or contracted for shall not be changed. (Sec. 1, c. 268, G. L. 1905, as amended by sec. 1, c. 351, 1909.) 375. Not applicable to certain cities — This act shall not apply to any city whose charter is framed under and pursuant to section 36, article 4, Of the constitution. (Sec. 2, c. 351, 1909.) 376. Right of eminent domain for public building sites — Proceedings — That hereafter any city in this state now or hereafter having a population of over fifty thousand inhabitants shall have the right, power and authority HO POWERS OF COUNCIL AND BOARDS. to condemn lands under the right of eminent domain for sites and grounds for public school buildings, and for all other municipal or public buildings for such cities, or for any of the departments of its government, and such power and authority shall be exercised under and pursuant to the terms and provisions of chapter 41 of the Revised Laws of Minnesota for the year 1905 and acts amendatory thereof; provided, however, that any such city shall have the right, upon the filing of the award of the commissioners provided for in said chapter 41, and upon giving the notice therein re- quired of the filing of such award, to enter upon and appropriate the lands so condemned, without the giving of any bond, but in case of such entry and appropriation such city shall be bound absolutely to pay all damages awarded, either by said commissioners or by the court upon appeal there- from, together with all costs and expenses adjudged against it therein, within the time specified in said chapter 41. In case any such city shall appeal from the award of commissioners appointed pursuant to any such condemnation proceedings, such city shall not be required to give or file any appeal bond therein. (Chap.- 291, Laws 1907.) 377. $1,000,000 school bonds authorized — Any city in this state now or hereafter having a population of more than fifty thousand inhabitants is hereby authorized and empowered, acting by and through the common coun- cil or city council of such city by ordinance or resolution duly enacted or passed by an affirmative vote of not less than three-fifths of all members- elect of said common council or city council, to issue and sell bonds of such city to an amount not exceeding one million dollars ($1,000,000.00) par value, the proceeds thereof to be used for the purpose of procuring grounds for public graded school purposes and constructing public graded school buildings and constructing additions to and making repairs on public graded school buildings in such city; provided, no such bonds shall be issued or sold unless the ordinance or ordinances or resolutions authoriz- ing their issuance and sale shall have been duly passed or enacted by the common council or city council of such city prior to the first day of Jan- uary, A. D. 1913, but when the issuance and sale have been so authorized, the bonds may be issued and sold at any time thereafter prior to January 1, 1914, and in such amounts and. at such times as the council from time to time by resolution shall direct. (Sec. 1, c. 15G, G. L. 1909, as amended by sec. 1, c. 208, 1911.) 378. May be issued irrespective of present indebtedness — The bondr, authorized by section one (1) of this act or any portion thereof may be issued and sold by any such city, notwithstanding any limitations contained in the charter of such city, or in any law of this state prescribing or fixing any limit upon the bonded indebtedness of such city, but the full faith and credit of any such city shall at all times be pledged for the payment of any bonds issued under this act, and for the current interest thereon, and the common council or city council of such city shall each year include in the tax levy for such a city a sufficient amount to provide for the payment of such interest and for the accumulation of a sinking fund for the redemption of such bonds at their maturity. (Sec. 2 c. 156, 1909.) 379. Not to run longer than thirty years — How issued — No bonds shall be issued by any such city for the purposes hereinbefore mentioned to SCHOOL. BOARDS IN UNORGANIZED TERRITORY. HI run for a longer period than thirty years or bearing a higher rate of in- terest than four and one-half per cent per annum but the place of payment of the principal and interest thereon, and the denominations in which the same shall be issued shall be such as may be determined upon by the com- mon council or city council, and may be in form of coupon bonds or regis- tered certificates, so-called. All such bonds shall be signed by the mayor, attested by the city clerk and countersigned by the city comptroller, and shall be sealed with the seal of such city, except that the signatures to the coupons attached to such bonds, if any, may be lithographed thereon, and none of such bonds shall be sold at less than their par value and accrued interest, and then only to the highest responsible bidder therefor. (Sec. 3, c. 156, 1909, as amended by sec. 3, c. 208, 1911.) 380. Not applicable to certain cases — This act shall not apply to any city created and existing pursuant to section 36 of article 4 of the state constitution. (Sec. 4, c. 208, 1911.) CHAPTER XXIV. SCHOOL BOARDS IN UNORGANIZED TERRITORY, AND IN DISTRICTS OF TEN OR MORE TOWNSHIPS. 381. Provision for education in unorganized territory — The power of providing for the education of children of school age residing in any un- organized territory within the State of Minnesota shall be vested in the county board of education for unorganized territory of the county where such unorganized territory is situated. (Chap. 76, sec. 1, 1907) 382. County board, how constituted — The chairman of the board of county commissioners, the county superintendent of schools, and the county treasurer shall, ex-officio compose the county board of education for unorganized territory in each county within the state. (Chap. 76, sec. 2, 1907.) 383. Board may authorize clerk to county superintendent at $60 per month — The chairman of the county board of commissioners shall be the chairman of the county board of education; the county treasurer shall be the treasurer of said board; the county superintendent of schools shrill be the clerk of said board of education. The county board of education may also employ a competent person to act as clerk to the county superintend- ent of schools, who shall perform such other services as the board may direct. Such person shall not enter upon his duties as such clerk until his appointment has been ratified by the county board, who shall fix his salary, which shall not exceed sixty dollars ($60) per month. (Sec. 3, c. 76, G. L. 1907, as amended by sec. 1, c. 309, 1909.) 384. Salaries of members of county boards of education — For their services performed under the provisions of this act, the chairman of said 112 SCHOOL. BOARDS IN UNORGANIZED TERRITORY. board of education shall be paid three dollars ($3) per day for the time actually employed by him as such chairman and ten cents (10c) per mile for distance actually traveled by him in performance of his said duties not exceeding the total sum of four hundred dollars ($400) in any one year for such mileage and per diem; the treasurer of said board shall be paid one and one-half per cent (l x A%), and the clerk one per cent (1%) of the cash disbursements for the year, but only after all reports required by law have been made in conformity thereto; provided, that this section shall not apply to counties having a population of more than 100,000. (Sec. 10, c. 309, as amended by sec. 1, c. 103, 1911.) * 385. When to meet — The county board of education for unorganized territory shall meet on the first Monday of each month at the county seat for the purpose of transacting the business of said board, consider peti- tions, reports from teachers, audit and pay bills, etc. (Chap. 76 sec. 4, 1907.) 386. Duty of clerk — It shall be the duty of the clerk of the county board of education to make to the state superintendent of schools reports similar to those made by the county superintendent in case of organized districts, and to the county auditors reports similar to those made by the clerk of organized districts. (Chap. 76, sec. 5, 1907) 387. Taxes levied for schools and furniture — The said board of educa- tion shall, annually, on the third Saturday of July, make a levy on all prop- erty situated in unorganized territory of the county for the purpose of pro- viding schools, teachers, transportation of pupils, board of pupils, text- books, apparatus, school supplies, etc., for the education of children resid- ing within such territory. This tax levy shall be known as the special un- organized school levy, and it shall be so spread on the tax lists by the county auditor. (Chap. 76, sec. 6, 1907.) 388. Duty of board as to school houses, etc. — It shall be the duty of the said board to furnish school facilities to every child of school age residing in any part of said unorganized territory, either by building school houses, leasing school room, transporting said children to the nearest school, boarding said children within convenient distance from a school at the expense of said board, or otherwise, and to provide necessary supplies, text and library books. (Chap. 76, sec. 7, 1907.) 389. Power of board — When not otherwise provided in this act, the powers and duties of said board of education of unorganized territory shall be the same as those of school boards and annual meetings of common school districts. (Chap. 76, sec. 8, 1907.) 330. Organization of school district — When, in the opinion of the said board, it shall appear that any territory enjoying the privileges of unorgan- ized territory should be organized into a common school district, the said board shall notify the county board, which shall cause notice of hearing thereon to be given and otherwise proceed as provided by law for organi- zation of common school districts. (Chap. 76, sec. 9, 1907.) SCHOOL, BOARDS IN UNORGANIZED TERRITORY. H3 391. Division of moneys of school districts between old and new counties — Whenever a new county or counties have been or may hereafter be created and organized out of territory embraced within the boundaries of one or more organized counties and in which there is unorganized school territory, acting under the provisions of chapter 76 of General Laws of Minnesota for 1907, and acts amendatory thereof, and lying partly within the old and new counties, or wholly within the new county, the county boards of education of the old and new counties shall meet upon the writ- ten request of the county superintendent of either county at such time and place as shall be designated in said request, which said request shall be served upon each member of each county board of education of the coun- ties affected at least five days before the time of such meeting and make a division of all the moneys, funds and credits belonging to such unorgan- ized school territory as the same exists prior to the division of the county or counties, and in making such division, the said board shall take into consideration the indebtedness of said unorganized school territory and shall make such division as they deem just and equitable, and all such moneys, funds, credits, and property shall be divided and apportioned to the respective unorganized territory in the old and in the new county in proportion to assessed valuation of taxable property in such unorganized territory, respectively, in such old and new county, at the last assessment thereof. (Sec. 1, c. 279, 1911.) 392. Board of apportionment — In 'cases provided by section 1 and in case the county boards of education of the old and new counties shall fail to meet pursuant to the notice provided in section 1 of this act, the county superintendents of the old and new county or counties and the state super- intendent of public instruction, or his deputy, shall constitute a board of apportionment, and upon the written application of the county board of education of either county affected shall make a division of all the moneys, funds, credits and property as provided in section 1 of this act, which ap- portionment shall be in writing and verified by the state superintendent of public instruction, or such deputy, and by at least one of the county super- intendents of the counties affected, and filed in the office of the secretary of state, and shall be final and conclusive. Within five days after the filing of said apportionment the secretary of state, if apportionment is made as provided in this section, or the superintendent of schools of each county if such apportionment is made as provided by section 1 of this act, shall transmit to the treasurers of the counties affected by said apportionment a certified copy of such apportionment" and application, if any. (Sec. 2, c. 279, 1911.) 393. Duties of county boards and officials — The county boards of edu- cation and the county officials of the old and new counties shall forthwith after such division and apportionment proceed to fulfill and carry out the terms thereof, determined or herein provided. (Sec. 3, c. 279, 1911) 394. Districts of ten or more townships — Trustees — How elected — In all common school districts in Minnesota embracing or containing ten or more townships, the trustees and members of the school board shall be elected as follows: In all such districts existing at the date of the passage 114 SCHOOL BOARDS IN UNORGANIZED TERRITORY. of this act, the trustees and members of the school board shall continue to hold their respective offices, as follows: The chairman until August 1 following the next biennial general state election; the treasurer until one year from such date, and the clerk until two years from such date. If said terms of office or either of them so existing at the date of the passage )f this act shall expire prior to said dates, that is, shall expire prior to August 1 following the next biennial general state election, and one year from said date, and two years from said date, as above stated, then and in that event the expiration of such term shall constitute a vacancy, and such vacancy shall be filled as provided by sections 1316 and 1317 of said Revised Laws of 1905, as amended hereby. At the first meeting of each newly created or organized district hereafter created or organized, con- taining ten or more townships the chairman shall be elected to hold office until August 1 following the next biennial general state election, the treas- urer until one year from said date, and the clerk until two years from said date. At the first biennial general state election held after the passage of this act in common school districts embracing or containing ten or more townships, and at the first biennial general state election held after the or- ganization of each new district embracing or containing ten or more town- ships, and in each biennial general state election thereafter, there shall be elected two members of said board, such members being elected to fill the offices expiring respectively August 1 after such election and one year from August 1 after such election, the term of office of one to commence August 1 in the year following his election, and that of the other August 1 in the second year following his election. The office to which each is so elected and the time of the commencement of the term of each, with the length of term, shall be stated on the ballot. For the purpose of carrying into effect this act, and so as to enable the electors in each of such dis- tricts embracing or containing ten or more townships to elect officers at such biennial general state election, the general election laws of this state, including the primary election law, shall, so far as possible, be applicable hereto, and the candidates for said offices shall file for nomination and be chosen and nominated and their names placed upon the ballot, under and pursuant to the provisions of said general election law and the primary election law in this state, and such general election law and primary elec- tion law shall be made applicable hereto and carried out by the officers and persons having the performance and enforcement thereof, except that a separate ballot box shall be used and voters need not register. The votes shall be returned and canvassed and the persons elected notified in the same manner as in the election of county officers. (Sec. 1311, R. L. 1905, as amended by sec. 1, c. 187, 1909.) 395. Proceedings to be published — In all school districts embracing or containing ten or more townships, the school board shall publish in a legal newspaper in the district, or if there be no such newspaper published in the school district, in a legal newspaper published in the county, to be designated by the county commissioners annually, the proceedings of such board within thirty days after such proceedings are had. (Sec. 1, c. 361, 1911.) 396. Construction of word "proceedings'' — The term "proceedings" as SCHOOL BOARDS IN UNORGANIZED TERRITORY. 115 used in this act shall include a statement of all propositions submitted by motion or resolution, or otherwise, to such board, including the number of votes for and against all reports made to such board, and its action there- on, and an abstract of all claims allowed, giving name of claimant and amount and general purpose of the claim. (Sec. 2, c. 361, 1911.) 397. Public examiner to make annual inspection — The state public ex- aminer shall, at least once in each year, make examination of the books and records of all districts affected by this act, and the school district shall pay the costs and expenses of making such examination. (Sec. 3, c. 361, 1911.) 398. Compensation of members of school board — In all common school districts composed of ten or more townships each member of the school board in such districts shall receive as annual compensation for his services as a member of such board the amounts herein stated, to-wit: Two hundred dollars ($200) a year where such district contains thirty public schools; four hundred dollars ($400) a year where such district contains thirty-one public schools but less than sixty-one; six hundred dol- lars ($600) a year where such district contains sixty-one public schools but less than ninety-one; eight hundred dollars ($800) a year where such district contains ninety-one public schools or more. (Sec. 1, c. 148, 1911 ) 399. Certain expenses to be paid — In addition to their salaries, the members of the school board in such school districts shall be paid their actual and necessary traveling expenses incurred and paid by each of them in the conduct of his official duties, including the visitation of schools. Such expenses shall be paid upon duly itemized and verified vouchers ap- proved by the board and filed with the clerk and made a part of the official records of the school board; provided, that the traveling expenses incurred by the members of the school board in any such district in any year shall be limited to the following amounts, as hereinafter provided: One hundred and fifty dollars ($150) where the number of schools in such district does not exceed thirty; three hundred dollars ($300) where the number of schools does not exceed sixty; four hundred and fifty dollars ($450) where the number of schools does not exceed ninety; and five hundred dollars ($500) where the number of schools is in excess of ninety. Such salaries and expenses shall be paid monthly by the treasurer of such school district on the order of the clerk, countersigned by the chairman. (Sec. 2, c. 148, 1911.) 400. Tax levy to be made — A levy shall be made in such common school districts to pay the salaries and expenses of the members of the school board in the same manner as is now provided by law for mak'ng levy for the support of public schools in common school districts com- posed of ten or more townships. (Sec. 3, c. 148, 1911.) 401. Not to issue bonds or evidence of indebtedness without author- ity — No independent school district situate wholly or in part within any city having a population of more than fifty thousand, and now empowered 116 SCHOOL. BOARDS IN UNORGANIZED TERRITORY. to issue bonds, either with or without the approval of the voters of such district, shall have power to issue any bonds or any evidence of indebted- ness unless first thereunto authorized by a two-thirds vote of the legisla tive body of the city within which such school district is situate in whole or in part. (Sec. 1, c. 363, 1911.) 402. Under certain conditions — No such school district shall have power to issue bonds or any evidence of indebtedness running more than two years, whenever the aggregate of the outstanding bonds and evidences of indebtedness of such district equals or exceeds three and one-half per cent of the assessed value of all the taxable property within such school district. (Sec. 2, c. 363, 1911.) INDEX (References in this index are to sections.) A Sections. ACCEPTANCE Persons elected or appointed district officers must accept and 'qualify... 46 ACTIONS By school districts, character of same 84 Against district, in what cases 85 When trustees resign, brought how and defended how 86 When may be brought by director or freeholder Note. 84 Against district after change of name Note. 85 AGE School boards may exclude pupils under six years 144 Between what ages children shall attend 177 Limit of as to children who can be employed 188 Of children who cannot be employed when public schools are in session. 189 Children under 16 limited as to hours of work 195 AGRICULTURE, MANUAL TRAINING AND DOMESTIC ECONOMY What high, graded or consolidated rural schools may be designated to maintain industrial departments 128 Applications to be made to high school board 128 Such schools to employ trained instructors 129 Qualifications of instructors fixed by high school board 129 Each school to have tract of land 129 Instruction in such departments free to all residents of district 130 Such schools may charge non-resident pupils tuition 130 Tuition of non-resident pupils, how paid 130 Character of instruction in agricultural and industrial departments 130 Such designated schools each to receive state aid not exceeding $2,500 per year 131 Each of such schools to receive state aid of $150 per year for each asso- ciated rural school district 131 Limitation as to state aid 131 Any rural associated district school to receive as state aid $50 per year. . 131 Appropriations for such schools 132 Procedure to effect such association 134 In case of association the high or graded school shall be known as the central school 133 Boards "of associated rural schools to hold annual meeting 135 Boards to determine the tax 135 Limitation upon such taxes 135 Such taxes to be certified by chairman to the county auditor 135 Taxes to be paid the treasurer of the central school 135 Election of members of board of central school 136 Duties of associated board '. 136 Duty of superintendent or principal of central school 137 Termination of relations, when and how 13S Duty of county auditor 139 AID (See State Aid) APPEAL Who may take when districts are consolidated 23 Appeal from action of county superintendent suspending or refusing to suspend teachers' certificates 274 Who may appeal when certain districts are changed or consolidated 10 By persons from order of county board dissolving districts 53 By person refused teacher's certificate, to state superintendent 262 118 INDEX. Sections. APPLICANTS For teachers' certificates, examined in what 257 APPROPRIATIONS (See also State Aid) Annual, of $50,000 for common schools (school lands) 140 Manner of distribution of same 141 Not to be used for purchasing school sites or erection of buildings 142 Duty of state auditor 143 Standing, for the various schools 117 Standing, for certain high schools 120 How distributed and paid 124 For agricultural and industrial departments 131 For common schools 140 How distributed 141 Not to be used for purchasing school site 142 Not to be exceeded by board of regents of university 2S5 For university fruit farm 310 For school libraries 161 Webster's dictionaries 161 Standing, for office of state superintendent 203 Standing, of school and university funds for investment 347 Standing, for expenses of investment 348 By counties, for teachers' institutes 243 State, for expenses of teachers' institutes 245 Standing, for maintenance of state university 301 For care of fruit breeding farm 310 Standing, for maintenance of normal schools 335 By counties for training schools 243 By state, for training schools 245 ASSISTANT COUNTY SUPERINTENDENT (See County Superintendent) ATTENDANCE (See Compulsory Education) ATTORNEY GENERAL Opinion of binding until annulled 70 Duty of when publisher violates text-book law 172 AUDITOR, COUNTY Shall keep in office plats and descriptions of school districts 8 Duty of as to division of funds when new districts are formed or boun- daries changed : 12 Penalty for not making report of apportionment to state superintendent. 99 To apportion state aid among districts, when 10G To report amount apportioned to each district to state superintendent, when , 10S To report to state superintendent number of pupils in the county and number of districts sharing in the apportionment 10S AUDITOR, STATE To draw warrants for apportionments of state aid 105 B BALLOT Vote on change of common or special to independent district to be by... 17 Vote on payment of salaries of members of common school board to be by 41 District officers to be elected by 37 BASEMENT ROOMS Use of prohibited for graded school purposes in certain cities 352 "Basement rooms" defined 353 Penalty for violation 354 BLANKS For school use, to be distributed by state superintendent 20*5 INDEX. 119 Sections. BOARDS (See School Boards, Officers, School) BOARD OF CONTROL Divested of authority over university 280 Financial authority of over certain institutions, what 28G BOARD OF EDUCATION (See School Boards) BOARD OF INVESTMENT Composed of whom 297 School and university funds, how invested by 297 BOARD OF REGENTS OF UNIVERSITY (See University) BOARD OF TRUSTEES (See Common School District) BONDS Of treasurers, requirements and conditions 63 Of treasurers, approval Note. 63 Amount of treasurer's bond, meaning of Note. 63 Of district, how and when issued by boards 75 Purposes for which may be issued 77 Vote required to issue bonds 7G For loans from the state 78 Independent districts partly or wholly within a city of fifty thousand or more not to issue bonds or evidence of indebtedness unless authorized by two-thirds vote of legislative body of the city 79 Such bonds can be issued only under certain conditions 80 Bonds and certificates of indebtedness exempt from taxation excepting that provided for by chap. 288, Laws 1905 81 Treasurer of district may invest sinking funds in certain bonds when duly authorized 82 Treasurer and his sureties not liable for loss on such bonds 83 For playgrounds in cities of 50,000 or more 370 How issued 371 Not to run for more than 30 years 372 Applicable to what cities 373 By certain cities for purchase of school grounds, etc 377 Issued irrespective of present indebtedness 378 Not to run longer than 30 years, how issued 379 Not applicable to certain cases 380 Of president and secretary of board of regents 288 In what, permanent school and university funds may be invested 297 BOOKS (See Text-Books, Dictionaries, Libraries) BOUNDARIES, CHANGE OF DISTRICT (See Common School Districts, Dis- tricts Independent) BRANCHES Applicants for certificates examined in what 257 Special certificates by state superintendent, to teach in, what 276 C CENSUS, SCHOOL (See Compulsory Education) CERTIFICATES (See Examinations and Certificates) CHAIRMAN Duties of 64 Compensation of, fixed when and how 64 "Limitation as to 64 120 INDEX. Section?. CHILD LABOR Unlawful to employ child under certain age 18S When school is in session certificate required ' 1S9 Superintendent of schools to issue certificate 190 Requisites and contents of certificate 191, 192 School record, requisites of 193 Reports by superintendents and boards 194 Hours of limitation 195 Penalty for violation of law 196 Labor department, duties as to 197 Prohibited occupations 198 Certificate of physician, when required 199 CHILDREN Permitted to attend school in adjoining district, in certain cases 57 Mode of procedure to secure such attendance 57 May receive instruction in adjoining districts in certain cases 50 Board may furnish free transportation for 50 CIGARS (See Tobacco) CIGARETTES (See Tobacco) CITIES (Bonds of, See Bonds) Boards of education in to contract for books, supplies, etc 374 Have the right of eminent domain for school sites, etc 376 CITY SUPERINTENDENTS Penalty for violating text-book law 17B Duties of as to child labor 190, 194 CLERKS To keep books and records 61 To notify persons elected to office 61 To make certified annual reports to county superintendents; contents of same 61 Record book, contents 61 To keep itemized account of expenses 61 In common districts report to county superintendent time of commence- ment of school 61 To furnish county auditor attested copy of records 61 To draw and sign orders 61 Cannot issue orders to unlicensed teacher Note. 61 Compensation of in common districts 67 In independent 68 In special 69 Clerk in special district. may be appointed by board of education 69 Penalty for failure to make any report required by law 95 For drawing illegal orders 96 For neglecting to keep or deliver records 97 For dealing in school supplies 98 COLOR Classification of pupils as to, prohibited 93 Districts classifying as to, excluded from apportionment 93 COMMON SCHOOL DISTRICTS (See Districts, School; School Boards; School Meetings) Numbered consecutively in each county and each known by its number 1 Area of 2 How formed 2 Petition for forming; contents of 3 Notice of hearing 4 Proceedings on hearing 5 Order to be made by county board 5 Setting off land to adjoining district, order of county board 6 INDEX. 121 Sections. Districts to be composed of adjoining territory 7 Plats and description of districts to be kept by county auditor 8 Appeal from order of county board, by whom 9 Change of boundary lines, and in villages or cities of not more than 7,000 inhabitants 10 Order of county board, who may appeal from 10 Division of funds when new districts are formed or boundaries changed. 11 Division of funds, duty of county auditor 12 Proceedings when districts lie in two or more counties 13 May be changed to independent districts 15 Notice of meeting 16 Vote upon change 17 Meeting to elect officers IS When boundaries are changed, rehearing, how had 20 May be consolidated, how 21, 24 Duties of county superintendent as to 22 Election of officers 23 Certificate by officers 25 Powers of consolidated board 26 Procedure for receiving state aid 27 Aid for the various districts 2S Annual meeting of common districts may authorize clerk to mail notice of annual and special meeting 32 Vacancy in board of districts containing less than ten townships, when and how filied 44 Same in districts containing ten or more townships, when and how filled 44 Special election to fill vacancy in districts containing less than ten town- ships 45 Member of board vacates office by removing from district Note. 45 Special duties of board 59 Officers of may select depositories for school funds 71 Not allowed additional compensation for so doing 74 Interest on deposits belongs to the district 73 Board may prosecute action in name of district, character of same.... 81 Board to furnish free text-books, when 169 Limitation of adoption of or contract for free text-books 169 Proposition to furnish free text-books, how submitted to board and voters of district 170 Board has authority to furnish necessary books to indigent pupils 171 Exercises in, on "Minnesota Day" 20S Powers of board in epidemics of smallpox, etc 349 Boards of may prosecute action in name of district, character of S4 COMPENSATION (See Officers, District; Clerk, Treasurer, Chairman) COMPULSORY EDUCATION Children between what ages must attend school, when 177 Excuses for not sending children to school 177 Clerk of board to keep record of excuses 177 Duty of school board 178 Duty of county superintendent, principal, teacher, etc 179 Parents and persons guilty of misdemeanor, when 180 School officers, truant officers, teachers, city and county superintend- ents guilty of misdemeanor, when 181 Duty of commissioner of labor 182 School census of all children between six and sixteen, to be taken when. 183 School census to be taken by the clerk of the school board 183 Census shall show what 183 Compensation of clerk for taking same 183 122 INDEX. CONDEMNATION (See Eminent Domain) CONSOLIDATION OF DISTRICTS actions. Procedure to consolidate school districts 21, 24 How classified to receive state aid 21 Duties of county superintendent before consolidation 21-23 Vote upon consolidation 23 Funds, etc., of districts consolidated to be turned over to new district... 25 Powers of consolidated board 26 Title to property after consolidation 30 CONTRACTS (See also Teachers) With teachers, made at meetings of board called for that purpose 247 Must be in writing 247 How executed: In common districts 247 In independent districts 247 When teacher is related to member of board 247 In excess of tax by districts, void 113 CORPORAL PUNISHMENT May be given in a reasonable and moderate manner 15S COUNTY ATTORNEY Shall institute proceedings against school officials for violating com- pulsory education law 101 To examine reports of county public examiner 344 COUNTY AUDITOR (See Auditor, County) COUNTY BOARDS OF EDUCATION (See Unorganized Territory) COUNTY PUBLIC EXAMINER In counties having a population of more than 100,000, etc., how ap- pointed 336 Qualifications of 337 Compensation of 338 Powers and duties of 339 Officials refusing to furnish information to, penalty for 340 Reports of 341 Criminal proceedings, when and how instituted by 342 Persons refuging to deliver books and papers to, penalty for 342 To examine certain records 343 May employ assistant examiners 345 Compensation of 345 Reports of to be examined by county attorney 344 Books and records to be delivered to, by officials 346 COUNTY SUPERINTENDENTS Duty of, when districts are to be consolidated 21-23 Penalty for failure to make certain reports 100 To make complaint to county attorney of violations of compulsory edu- cation law 101 Duty of when text-book law is violated 167 Penalty for violating text-book law 175 Duty of as to child labor 190, 194 Election, term of office 209 At expiration of term to deliver records to county auditor 210 Duties and reports 211 May call meetings of district officers 212 Record book of teachers' certificates to be kept by 213, 214 To forward to teachers and clerks blanks and circulars 215 Annual report to state superintendent by 216 Annual report to county auditor by 217 Penalty for failure to make reports 218 May appoint deputy, when 219 May appoint assistant in counties 225,000 people or more 220 INDEX. 123 Sections. May hold county institutes, when and how 221 Expenses of audited and allowed by county board 222 Salary of to be fixed by county board 223 Salary of, amount and how reckoned 223 Applicable only to certain counties 223 Itemized and verified bills for postage and other expenses to be paid by county board 224 Authorized to appoint assistants in counties of certain population 225 Qualifications and salaries of such assistants 225 May suspend teachers' certificates, when and how 274 Causes for such suspension 275 Shall file statement of such suspension 275 Causes for suspension of certificates : 275 Shall keep records concerning teachers' certificates and diplomas 278 To notify teachers of the holding- of institutes and training schools 241 D DEPOSITORIES FOR SCHOOL DISTRICT MONEYS For school funds, how selected 71 Treasurer exempt for loss of funds deposited 72 Treasurer liable for loss of funds not deposited Note. 73 Interest on deposited funds belongs to district 73 Officers not allowed compensation for depositing funds 74 DICTIONARIES (See Webster's Dictionary) DIPLOMAS May be accepted in place of examination, how 269 From state normal schools or department of agriculture, valid as first grade certificates 271 Elementary, granted by normal schools, valid as first grade certificates.. 272 Exception 272 Record of in county superintendent's office 27S DISTRICTS, COMMON (See Common Districts) DISTRICTS, INDEPENDENT Known by names or numbers 1 How organized 2 Area of , 2 Petition for forming; contents of 3 Notice of hearing, how served 3 Proceedings on hearing 5 Order to be made by county board 5 Setting off land to adjoining district, order of county board 6 Districts to be composed of adjoining territory 7 Plats and description of districts to be kept by county auditor 8 Appeal from order of county board, by whom 9 Change of boundary lines, and in villages or cities of not more than 7,000 inhabitants 10 Order of county board, who may appeal from 10 Division of funds when new districts are formed or boundaries changed. 11 Proceedings when districts lie in two or more counties 13 May be changed to common districts 19 When boundaries are changed, rehearing, how had 20 May be consolidated, how 21, 24 Duties of county superintendent as to 22 Election of officers 23 Certificate by officers 25 Powers of consolidated board 2G Procedure for receiving state aid 27 Aid for the various districts 28 In independent districts school board to consist of six directors 42 124 INDEX. Sections President of board entitled to vote Note. 42 Organization of, when and how 43 Board to consist of chairman, clerk and treasurer 43 Board may elect superintendent by "Aye" and "Nay" vote Note. 43 An "acting" president cannot countersign orders or warrants Note. 43 Vacancy in board of districts containing less than 10 townships, when and how filled 44 Same in districts containing 10 or more townships, when and how filled. 44 Special election to fill vacancy in districts containing less than 10 town- ships 45 Member of board vacates office by removing from district Note. 45 Powers and duties of board 48 Additional powers of board 5S Special duties of board 60 Officers of may select depositories for school funds 71 Interest on deposits belongs to the district 73 Board may prosecute action in name of district, character of same 84 Board to furnish free text-books, when 169 Limitation of adoption of or contract for free text-books 169 Proposition to furnish free text-books, how submitted 170 Board has authority to furnish necessary books to indigent pupils 171 Exercises in, on "Minnesota Day" 20S Powers of board in epidemics of smallpox, etc 349 DISTRICTS, JOINT Is one situated in two or more counties 1 DISTRICTS OF TEN OR MORE TOWNSHIPS Compensation of officers in, to be determined at annual meeting 41 Vacancy in board, when and how filled ." . 41 Special election to fill vacancy 45 DISTRICTS, SCHOOL Are bodies corporate 1 Area of 2 How formed 2 Petition for forming; contents of 3 Proceedings on hearing 5 Order to be made by county board 5 Setting off land to adjoining district, order of county board 6 Districts to be composed of adjoining territory 7 Plats and description of districts to be kept by county auditor 8 Appeal from order of county board, by whom 9 Change of boundary lines and in villages or cities of not more than 7,000 inhabitants 10 Order of county board, who may appeal from 10 Division of funds when new districts are formed or boundaries changed. 11 Division of funds, duty of county auditor 12 Proceedings when districts lie in two or more counties 13 When boundaries are changed, rehearing, how had 20 May be consolidated, how 21, 24 Duties of county superintendent as to 22 Election of officers 23 Certificate by officers 25 Powers of consolidated board 26 Procedure for receiving state aid 27 Aid for the various districts 28 Shall not classify pupils with reference to race, color, etc 93 DISTRICTS, SPECIAL May be changed to independent districts 15 Notice of meeting 16 Vote upon change 17 Meeting to elect officers 18 Time of annual meeting, how fixed 31 INDEX. 125 * E Sections. EMINENT DOMAIN Cities of 50,000 or more have right to condemn land for school sites, etc 376 Board of regents has right to exercise right of 295 Exercise of to acquire school sites by certain cities 37fi EXAMINATIONS AND CERTIFICATES A. Common School Examinations and Certificates Certificates, three grades of 250 Requisites for granting same 250 Second grade certificates, limited, may be given by county superintend- ent to certain persons 251 County superintendent may issue third grade certificates, when 252 Second grade certificates may be issued to what persons 253 Qualifications necessary to receive first giade certificates 254 Teachers' examinations twice a year in each county 255 Notice ot to be given by state superintendent 255 Free use of school houses and school rooms for 255 Local expenses of paid by county 256 Expense incurred by state superintendent 25*5 To be paid from fund for teachers' institutes 256 Branches of examination 257 Examinations, by whom conducted 25S Examinations, marking of 259 High and normal school certificates may be accepted, when % 260 Certificates, first and second grade, may be renewed 261 Such renewed certificates valid, in what grades -. 261 Persons to whom certificates are refused may appeal, to whom 262 Certificates may be suspended by county superintendent 274 Holder of suspended certificate may appeal to state superintendent 274 Action of state superintendent on appeal final 274 County superintendent refusing to suspend certificate 274 State superintendent's action final 274 County superintendent to file statement of suspension of certificates 274 Statement to give reasons for suspension 274 Copy of statement to be delivered to teacher 274 Causes for revocation or suspension of certificates 275 Certificates to be filed for record with county superintendent 277, 278 B. Professional Examinations and Certificates Professional certificates issued to whom 263 Holder of authorized to teach, where 263 Shall remain in force how long 263 When becomes void 263 Examinations for, held by state superintendent 264 Examinations for, subjects covered by 265 Second grade granted, to whom 26fi First grade granted, to whom 267 Professional permit may be issued by state superintendent, to whom... 268 Length of time valid, and authority of 268 Certificates and diplomas may be accepted in place of examinations 269 Certificates of graduation from certain departments of state university valid as first grade professional certificates 270 Valid, how long 270 Shall have force of permanent first grade certificates, when and how.... 270 Diplomas from normal schools, valid as first grade certificates 271 Valid how long 271 Shall have force of first grade certificates for life, when and how-. 271 Elementary diplomas from normal schools valid as first grade certificates, when 272 Valid for three years, may be renewed, how 272 126 INDEX. Sections. Normal school certificates to be endorsed by superintendent of public instruction 273 Special certificates may be issued by state superintendent 276 Holders of such certificates authorized to teach what branches 276 EXCUSES (See Compulsory Education) EXECUTION When may be issued against school district 89 F FINES, FORFEITURES, ETC. (See Penalties) FORESTRY (See University of Minnesota) FRATERNITIES AND SECRET SOCIETIES Forbidden in the public schools 151 FREE ADMISSION (See Tuition) FREE TEXT- BOOKS (See Text-Books) FUNDS, SCHOOL Division of when new districts are formed or boundaries changed 12 'Of nominal districts, how distributed, upon dissolution 11 District funds to be deposited in selected depository 71 Interest on same belongs to the district 73 State apportionment of, how and when made 101 Conditions entitling to Notes. 104 State auditor's warrants for 105 County apportionment of, how made 106 County apportionment may be allowed or withheld, when Notes. 10G Apportionments in new districts 107 County auditor to make report of apportionment, when and to whom.. 103 Fines and penalties, how apportioned 109 G GIFTS (See University of Minnesota) GRADED SCHOOLS (See Public Schools) GRADED SCHOOLS, SEMI (See Public Schools) GUARDIANS (See Parents and Guardians) H HIGH SCHOOLS (See Public Schools) HIGH SCHOOL BOARD Of whom composed, how appointed 231 Entitled to expenses but no compensation 231 Duties of as to examinations, etc 232 Powers of on application for state aid 233 Records and annual reports of 234 Contents of reports 234 Shall appoint inspectors, assistants and examiners 235 Duties of inspectors 23G May appoint county superintendents to inspect and examine schools, when 237 County superintendents may be authorized by to appoint assistants to make examinations, etc 23S HOLIDAYS What are; also school holidays 117 HYGIENE Instruction in to be given in the public schools lift INDEX. 127 I Sections. INDEBTEDNESS (See Bonds) INDEPENDENT DISTRICTS (See Districts, Independent) INJURIES To houses of worship, school building's and school property, penalties for 103 INSPECTORS School, in certain cities, how elected 350 How nominated 351 INSTITUTES (See Teachers) INSTRUCTION As to distinctive religious teaching's not permissible Note. 149 To be given in English lang-uage 148 May be given in foreign language, how 148 In foreign languag-e, penalty for violating- Note. 148 Pupils may receive in adjoining district, when 50 In morals, hygiene, physiology, and in the effects of narcotics and stimulants 1 1& In public schools on Minnesota Day 208 Sectarian, prohibited in university 301 INTEREST Interest on funds in selected depository computed on monthly balances. 73 Such interest belongs to the district 73 J JOINT DISTRICTS (See Districts, Joint) JUDGMENTS Against districts, how paid 87 Against districts, out of what money paid Note. S7 Against districts, paid out of money not otherwise appropriated 87 When and how treasurer to pay same S7 When treasurer personally liable for not paying 87 Tax levy for payment of S8 When execution may issue against district ^ 89 Satisfaction of, how made 90 K KINDERGARTENS May be established by boards in independent districts 58 L LANGUAGE (See Instruction) LIBRARIES, SCHOOL Library board, how constituted, and duties of 159 State aid for, conditions of 160 Standing appropriation for 161 Purchase of books for in certain districts 16? Purchases to be made from special appropriations 162 LIMIT (See Taxes) M MEETINGS (See School Meetings) MINNESOTA DAY "Minnesota Day" to be designated by superintendent of public instruc- tion 207 Character of exercises in public schools on that day 208 228 INDEX. MISCELLANEOUS LAWS Sections Public examiner in certain counties. (See County Public Examiner.) Moneys in state treasury to credit of permanent school funds, etc., appropriated for investment 347 Standing appropriation for expenses of investment 348 Powers of state board of health and school boards as to sanitary con- ditions in schools, etc 349 School inspectors in cities of less than 10,000; how elected ' 350 How nominated 351 Basement rooms prohibited for graded school purposes in certain cities. 352 Exceptions 352 "Basement rooms" denned 353 Persons violating the law, penalty for 354 Eleven mill tax for school purposes in districts of not less than 20,000 nor more than 50,000 inhabitants.... 355 Provisions apply to districts existing under general or special law 35G Twenty mill tax authorized for school purposes in certain school districts 357 Members of board of education in cities of less than 10,000 and more than 40.000 inhabitants, how and when elected 358 May be nominated same as other city officers 359 Formation, alteration or consolidation of districts, etc., in two or more counties, procedure in 360 MODEL SCHOOLS May be organized in connection with normal schools 32G MONTH, SCHOOL Shall consist of four weeks 46 MORALS Instruction in to be given in public schools 149 N NARCOTICS Instruction as to effects of, to be given in public schools H9 NATIONALITY Pupils cannot be classified as to ^3 Penalty for 53 NOMINAL DISTRICTS When and how may be dissolved 1' Funds of, how distributed upon dissolution 1* NORMAL SCHOOLS State normal board, may appoint purchasing agent 282 Duties of such agent 282 Statements of purchasing agent 283 State board of control has authority relating to new buildings, etc 286 Such board shall prepare plans and specifications 286 Shall consult with local board in respect to same, etc 286 Shall not let contracts without advertising for bids 2S6 Names and location of schools 325 Model schools may be organized in connection with 32C Tuition in, free to intending teachers, when 327 Tuition for other students to be fixed by the board 327 Educational management of in board 328 Directors appointed, how 32S "Vacancies in board to be filled by governor 328 Board to determine ages between which children may be received in model school Note. 328 Summer session of, appropriations for 329, 330 Annual meeting of board 331 General duties of board 332 Annual report of presidents, contents of 333 Compensation of members of board for actual expenses 334 Standing appropriation for expenses and maintenance 335 Diplomas of valid as first grade certificates 271 Elementary diplomas valid as first grade certificates 272 INDEX. 129 o OFFICERS, SCHOOL (See School Boards, Clerks, Treasurers, Chairman) P PARENTS, GUARDIANS, ETC. Penalty for, for refusing to send children to school ISO PENALTIES For excluding pupils from school on account of race, color, etc 91 Children of parents paying no taxes cannot be excluded from school. Note. 9L For treasurer using money applicable for teachers' wages for other purposes 92 For improper classification of pupils 93 For refusing to serve on school board 94 For members of board neglecting to provide school voted for Note. 94 For failure of clerk to report 95 For clerk drawing illegal orders 9G For clerk neglecting to keep or deliver records 97 For officers or teachers dealing in supplies 98 For county auditor failing to report to state superintendent apportion- ment required by law 99 For failure of county superintendent to report to the county auditor the abstract of district clerks and teachers' reports, or to make his statistical report 100 For failure of officers to perform duties imposed by the compulsory education law 101 For smoking or using cigarettes, cigars or tobacco 102 For injuring houses of worship, school buildings and property 103 For giving instruction in foreign language, in violation of law.... Note. 148 For publisher violating text-book law 173 For state superintendent, his assistant or employes violating text-book law 174 For teachers, county and city superintendents violating same 175 For violating child labor law 190 For officials refusing to furnish information to county public examiner 340 For persons refusing to furnish books, papers, etc., to the county pub- lic examiner ., 342 For violation of basement school room law 354 For violation of compulsory education law 180 For failure of teacher to make report to county superintendent 249 For persons selling liquor, cigarettes, etc., within mile of university... 314 For officials refusing to exhibit books and records to public examiner.. 346 PENSIONS (See Retirement Fund Associations) PERMITS Professional, may be granted by state superintendent 2fiS PHYSIOLOGY AND HYGIENE (See Morals, and Hygiene) POLLS How long to be kept open at school meetings 31 How long to be kept open in independent districts of 50,000 inhabitants or over 33 PROFESSIONAL CERTIFICATES (See Examinations and Certificates) PUBLIC SCHOOLS (See also Schools) Definition of 144 Admission to and tuition therein free to what persons 144 Board may exclude all children under six 144 Board cannot exclude children of legal age Note. 144 Board may exclude pupils for using tobacco Note. 144 Residence necessary for admission Notes. 144 Management and discipline of Note. 144 130 INDEX. English language must be taught in, exception Notes. 144 Corporal punishment in Note. 144 General control and government by teacher and board 115 Terms of school, length of 146 School holidays, legal holidays 146 Holidays, days included 147 Instruction, books to be used 14S Foreign language, when may be taught 148 Instruction in morals, physiology and hygiene 149 Religious instruction violative of constitution Notes. 149 Classes of schools, how divided * •. . . 150 High schools, requisites of 151 Graded schools defined 152 Semi-graded and common schools defined 153 Secret fraternities prohibited 154 Rules and regulations by directors 155 Power of directors to suspend or dismiss 156 Soliciting of pupils to join fraternities, etc., a misdemeanor 157 Corporal punishment in 158 Exercises in, on "Minnesota Day" 208 PUBLIC SCHOOL LIBRARIES (See Libraries, School) Q QUORUM Of electors at annual meeting 37 Of school board to transact business 47 Rule as to, when part of members refuse to vote Note. 47 R RELIGION rsee Instruction) REPORTS Clerk's annual report to county superintendent, contents of 61 Annual, of district treasurer 62 Superintendents in independent or special districts, annual to state superintendent 65 Penalty for failure of clerks to make 95 Annual cf county auditor to state superintendent, as to funds appor- tioned 108 Of teachers to county superintendents of children not attending school. 178 Of district clerks of children having excuses for not attending school.. 178 Annual, of truant officer, to state superintendent, contents of 187 Of superintendent of schools as to names of children to whom certificates of employment have been issued 194 Same as to chairman of school board 194 Of state superintendent to the legislature 205 Contents of 205 Of county superintendent to state superintendent, annual 210 Of county superintendent to county auditor 217 Penalty for failure to make report 21S Of totv n superintendent to school board 228 Of high school board to state superintendent, contents of 234 Of assistants to county superintendent 238 Of teachers to county superintendent, contents of 249 Penalty for default in making 249 Of teachers in joint districts, to county superintendents 249 Annual, of board of regents, to governor, contents of 292 Of president of university, annual to state superintendent 303 Of presidents of normal schools to state superintendent, contents of. . . . 333 Of county public examiner to county commissioners 341 Of clerks of county boards of education, to state superintendent and county auditor 3S6 INDEX. 131 Sections. RETIREMENT FUND ASSOCIATIONS May be organized in cities having- a population of more than 10, 00$ in- habitants, how 361 Teaching bcdy to form plan of incorporation 362, 363 Plan to be approved by board of education 364 Contributors only entitled to benefits 365 Officers of associations to certify for taxation 366 Limitation as to tax 366 Tax, how collected and disbursed 366 Corporation to hold and dispose of real estate 367 Pro-rata plan to be provided for 36£ "Teachers" defined 369 REVOCATION OF CERTIFICATES (See Examinations and Certificates, County Superintendents, Teachers, State Superintendent) RURAL SCHOOLS (See Public Schools) S SCHOOL BOARDS Care, management and control of common and independent districts vested in school boards 40 Term of members three years 40 In common district, board consists of chairman, treasurer and clerk.... 41 Election of officers in district containing less than ten townships 41 Same in districts containing ten or more townships 41 Compensation of officers to be fixed at annual meeting 41 Persons elected or appointed district officers must accept and qualify. . 4G Powers and duties of 48 Additional powers of board 49 May provide for instruction of pupils in adjoining district 50 May dissolve district, when 51 Petition for. contents 51 Time and place of hearing same 52 Appeal from order, by whom, 53 Territory of dissolved district to come under jurisdiction of county board of education 54 Outstanding obligations remain a charge upon the property of the dis- solved district 55 May fix terms upon which children may attend school from adjoining- district, in certain cases 57 May prosecute actions in name of district, character of same 84 To furnish free text-books, when 169 Limitation of adoption of or contract for free text-books 169 Proposition to furnish free text-books, how submitted to board and voters of district 170 Have authority to furnish necessary books to indigent pupils 171 Powers of in epidemics of smallpox, etc 349 Election of members in cities of less than 10,000 and more than 4,000 inhabitants 358 How nominated 359 In unorganized territory county board of education to provide for educa- tion of children 381 County board of education composed of whom 382 Officers of the board, who 383 Board may employ clerk for county superintendent, salary of 383 Salary of members of board 384 Board, when to meet 385 Duty of clerk of board 386 Board to levy taxes to provide for school, teachers, etc 387 Board, duty of as to school houses, etc 388 Board, power of 389 132 INDEX. Sections. District may be organized into common school district, when and how.. 390 Division of moneys of school districts between old and new counties 391 Board of apportionment 392 Board, duty of, after division and apportionment 393 Boards in districts of ten or more townships, when and how elected.... 394 Proceedings of board to be published 395 "Proceedings" include what 396 Books and records of district to be examined by public examiner 397 Compensation of members of board 398 Certain expenses to be paid 399 Tax to be levied to pay salaries and expenses of board 400 Cannot issue bonds or evidence of indebtedness without authority 401 Under certain conditions cannot issue bonds or evidence of indebtedness 402 SCHOOL BOOKS (See Text-Books) SCHOOL DISTRICTS (See Common School Districts, Districts Independent, School Boards, Districts School) SCHOOL INSPECTORS In cities of less than 10,000 inhabitants, etc., how elected 350 How nominated 351 SCHOOL MEETINGS Annual, in common and independent districts, when held 31 Annual, notice of, contents and how given 31 Annual and special, of common districts; clerks may be authorized to mail notice 32 Annual, polls to be kept open at least one hour 31 Annual, time and place of need not be designated at preceding meet- ing Note. 31 Annual, notice by freeholders, requisites of Note. 31 Annual, second ballot at cannot be had Note. 31 Annual, plurality vote and not majority, necessary to elect officers. .Note. 31 Annual, may be held open until business is finished 31 Special, when and how held, notice of 34 Powers same as annual Note. 34 Requests for, priority of Note. 34 Duty of clerk to call Note. 34 Who to preside at Note. 34 To bond district to build new school house, cannot be held on Memorial Day Note. 34 General, women may vote at 35 Women, rights of to vote and hold office Note. 35 Women, freeholders, entitled to sign petitions Note. 35 Women become citizens on marrying citizens Note. 35 Women may vote on school site questions Note. 35 Women may vote on issue of bonds, when Note. 35 No property qualification required to entitle a person to vote Note. 35 Records of prima facie evidence 36 Powers of to appoint officers 37 Powers of to adjourn 37 Powers of to elect officers by ballot 37 Powers of to designate school sites and provide school houses 37 Powers of to repeal and modify prior proceedings 37 Powers of limited by the law Note. 37 Powers of as to school sites, how exercised '.Notes. 37 Powers of to elect officers, how exercised Notes. 37 Powers of to build school houses Notes. 37 Powers of do not extend to hiring of teachers Note. 37 Powers of to vote length of school terms Notes. 37 Who entitled to vote at, residence Notes. 37 Powers of to vote taxes, how exercised Notes. 37 INDEX. 133 Sections. Powers of to issue bonds, how exercised Notes. 37 Notice of annual meeting must contain a provision for raising money for building purposes Note. 37 Officers elected by ballot; by acclamation illegal 38 Powers of to vote money for schools and supplies ' 38 Powers of to elect officers in districts of over 300 voters in counties of 50,000 to 100,000 people 39 SECRET SOCIETIES (See Fraternities) SEMI -GRADED SCHOOLS (See Public Schools) STATE AID Amount of standing appropriation to the various schools 117 Number of high schools in any one county included in any apportionment limited 118 High school board to certify schools to which appropriation is made, and amount apportioned to each 119 Additional amount apportioned to certain high schools 120 Amount apportioned to certain high and graded schools limited 121 Common schools, how classified for receiving state aid 122 Annual apportionment to be made to semi-graded and common schools. 123 Amounts that semi-graded and common schools shall receive, limited as to the different classes 123 Payment of appropriations in aid of the various schools, when and how made 124 Five hundred dollars additional to certain state graded schools 125 One thousand dollars additional to high and graded schools maintaining prescribed course in agriculture, home economics or manual training. 126 Such appropriation not applicable to any school receiving aid under any other act, for the maintenance of industrial courses 127 STATE BOARD OF HEALTH Powers of as to sanitary conditions, epidemics of smallpox, etc 349 STATE HIGH SCHOOL BOARD (See High School Board) STATE NORMAL SCHOOLS (See Normal Schools) STATE SUPERINTENDENT To make annual apportionment of state aid to certain semi-graded and common schools 123, 124 Duty of when text-book law is violated 167 Penalty for, for violating text-book law 174 Penalty for his assistant or any employe violating same 174 General supervision of schools vested in 201 How appointed 202 Vacancy in office of, how filled 202 May appoint deputy, when 202 Salaries and expenses of 203 Duties of 204 Reports of 205 Blanks, etc., distributed by 206 "Minnesota Day" to be designated by 207 To endorse state normal school certificates 273 Action of, on appeal from county superintendent's suspending or refus- ing to suspend certificates 274 May grant special certificates to teach, to whom and in what schools... 276 To provide for teachers' institutes and training schools 240 STATE TRAINING SCHOOL When children may be committed to 186 STATE UNIVERSITY (See University of Minnesota) STIMULANTS AND NARCOTICS . Instruction as to effects of to be given in public schools 149 134 INDEX. Sections. SUMMER SCHOOLS (See also Training Schools) Held at each of normal schools 329 Session of twelve weeks unless shorter term is directed 329 SUPERINTENDENT, COUNTY AND STATE (See County Superintendent, State Superintendent) SUPERINTENDENT OF INDEPENDENT DISTRICT How elected 43 Ex-officio member of board, but not entitled to vote 43 Rule as to election when some members of board do not vote Note. 43 May be elected by "Aye and Nay" vote Note. 43 Duly of as to making complaint against school officers Note. 43 General duties of 65 SUPERINTENDENT OF PUBLIC INSTRUCTION (See State Superin- tendent) T TAXES To pay judgments against districts, when and how levied SS, 90 State school tax to be levied annually, amount of 110 County school tax to be extended by county auditor Ill Levied by school districts to be known as district school tax Ill School district taxes to be certified to county auditor, when 112, 116 Contracts, debts and pecuniary liabilities in excess of tax levy for pay- ment of same void 113 Officers and agents participating in or authorizing same personally liable 114 Limitation of in common districts 114 Limitation of in independent districts for purchase of school sites and erection of school houses 1 14 Limitation of in districts having 50,000 or more inhabitants 115 To be certified to county auditor, when 112, 116 Eleven mill tax for school purposes authorized in certain districts 355, 356 Twenty mill tax for school purposes authorized in certain districts 357 TEACHERS (See also Examinations and Certificates) Have general control and government of schools 145 Shall give instruction in morals, physiology and hygiene 149 Shall give instruction in the effects of narcotics and stimulants 149 Penalty for violating text-book law 175 Training, instrumentalities for 239 Institutes for, how and where provided 240 Institutes for, length of 240 Training schools for, length of 240 To be given notice of holding of institutes, by county superintendents.. 241 Free use of school houses and school rooms for 242 Appropriations for institutes and training schools by county boards 243 May close school for purpose of attending institute 244 Standing appropriation for support of institutes and training schools... 245 Qualified teachers, who are 246 Contracts can be made only with qualified teachers 246 Contract with unqualified teacher void Note. 246 Contracts with, made at meetings called for that purpose 247 Contracts, when and how made; to be in writing 247 Contracts, oral, not valid Note. 247 Contracts, enforcement of Note. 247 Contracts, general requisites of, validity and enforcement Notes. 247 Contracts with, prior to regular annual election Note. 247 Contracts with, teacher not to perform janitor service unless speci- fied Note. 24 7 Contracts with, vote necessary when related to member of board. . .Note. 247 Discharge of, when and how Note. 247 Rules and regulations as to conduct of teachers Note. 247 INDEX. 135 Sections. May close school without loss of pay. when Note. 247 Wages of, school board cannot retain Note. 24T Salary of liable to garnishment, attachment and execution Note. 247 Shall keep registers and records, contents of 248 Reports of to county superintendents, contents of 249 No wages to be paid if there is default in making reports 249 Retirement fund associations may be organized in certain cities, how... 361 Teaching body to form plan of incorporation 362, 363 Plan to be approved by board of education 364 Contributors only entitled to benefits 365 Officers of association to certify for taxation 366 Limitation as to tax 366 Tax, how collected and disbursed 366 Corporation to hold and dispose of real estate 367 Pro-rata plan to be provided for 368 "Teachers" denned 369 Wages of to have preference 61 May inflict corporal punishment in a reasonable and moderate manner. . 158 Certificate of may be suspended by county superintendent 274 May appeal to state superintendent 274 Causes for suspension of certificate 275 Who qualified, in common districts 277 Certificates to be filed in office of county superintendent 277, 278 TEXT-BOOKS Conditions that must be complied with before persons can offer for adop- tion, sale or exchange 166 Failure to comply v, ith conditions; duties of county superintendent 167 Books to be chosen from printed list 168 Free text-books to be furnished by board, when 169 Limitation as to adoption or contract 169 Proposition to provide free text-books, how submitted to voters 170 Boards authorized to purchase books for indigent pupils 171 Combinations, etc., to control prices of, illegal 172 Duties of attorney general in such cases 172 Samples and prices of to be filed with state superintendent 173 Penalty for violating this provision 173 State superintendent, assistants, employes and members of school boards, to be disinterested parties 174 Penalty for violation 174 Teachers, county and city superintendents, to be disinterested 175 Penalty for violation 175 TOBACCO Penalty for smoking or using cigarettes, cigars or tobacco 102 TOWN SUPERINTENDENTS Election of in districts of twenty or more townships 227 Term of office of 227 Compensation of, how fixed 227 Duties of 228 Election of in special districts 229 TRAINING SCHOOLS Provided for by state superintendent 240 Length of 240 Notice of to teachers by county superintendent 242 Free use of school houses for 242 Appropriation for by county board 245 Standing appropriation for 245 TRANSPORTATION Board may furnish to pupils attending in adjoining district, when 50 136 INDEX. Sections. TREASURERS To receive and be responsible for all money 62 To disburse moneys, when and how 62 To keep account of funds and disbursements 62 To file with clerk detailed financial statement 62 To make further reports when called on by board 62 Duties of as to orders not paid for want of funds 62 Duties and powers of as to care of funds Notes. 62 Liability of for failure to turn over books to successor Note. . 62 Liability of for acting without qualifying Note. 62 Must not speculate with funds nor mingle with his own 62 Must pay out money only on orders signed by clerk and countersigned by chairman Note. 62 Liability of for failure to file annual statement Note. 62 Liable for committing gross misdemeanor if he enters into a contract with district for the transportation of children Note. 62 Bond of, requirements and conditions 63 Bond of, approval Note. 63 Amount of bond, meaning of Note. 63 Compensation of, common district 66 Compensation of, amount and limits Notes. 66 Compensation of, independent districts 68 To deposit school funds in depository selected 71 Exempt from liability for loss of funds so deposited 72 Liable for loss of funds not deposited Note. 72 Not allowed additional compensation for so doing 74 May invest sinking funds in certain bonds when duly authorized 82 Treasurer and his sureties not liable for loss on such bonds • 83 When and how to pay judgments against district 87 When personally liable for not paying judgments 87 TRUANT OFFICER May be appointed and removed, how : 187 Duties of 187 Shall receive salary but no fees 187 TRUANT SCHOOLS Boards may maintain truant schools for certain classes of children 185 May compel attendance in such schools 185 When may have children committed to state training school; how 186 TUITION Free, in public schools, to what persons 144 Of non-resident pupils, powers of board as to 49 Free in university to graduates from school for blind 306 Free in university to certain soldiers and sailors 315 Free to residents of Minnesota in divisions of agricultural extension and home education 321 Free in normal schools to those intending to teach 327 U UNIVERSITY OF MINNESOTA Board of regents, composed of whom 279 How appointed 279 A body corporate 279 Mandamus lies to compel it to perform any duty imposed upon it by law 279 Management, jurisdiction and control of under board of regents 280 Board may appoint purchasing agent, duties of 281 Purchasing agent, statements of 283 Expenses, limitation of 284 Board must not exceed appropriations 285 State board of control has full authority relating to the erection and construction of new buildings, etc 286 INDEX. 137 Sections. Such board shall prepare plans and specifications 286 Shall consult with local board in respect to same, etc 286 Shall not let contracts without advertising for bids 286 Regents' term of office six years 287 Appointment to fill vacancy to be for unexpired term 287 Organization of board 288 President and secretary of board to give bond 288 Duties of board 289 Shall make collections of specimens discovered or examined in surveys.. 291 Shall make annual report to governor, showing what 292 Has authority to accept bequests, gifts, etc 293, 294 Has power to exercise eminent domain 295 Gifts, bequests, etc., to be deposited in state treasury 296 Funds of, to be invested in certain bonds 297 The governor, treasurer and auditor constitute a board of investment 297 Duties of such board 297 Colleges comprising the university classified 298 Department of pedagogy 299 School of agriculture at Crookston a department of the university 300 Sectarian instruction prohibited 301 Duties of the president 302 Annual reports of the president, contents of 303 Standing appropriations for maintenance 304 Same for school of mines 305 Tuition free to graduates from the school for the blind 306 University depository of state publications 307 Such publications to be delivered by state officials 308 Appropriation for agricultural experiment station 309 Appropriations for fruit breeding farm 310, 311 Regents to select a fruit farm 311, 312 Visitors' committee to fruit farm 313 Penalty for selling liquors within mile of university 314 Free education in for certain soldiers 315 Duty of regents to accept such soldiers 316 Regents may use certain lands for forest demonstration 317 Agricultural extension and home education in university 318 Purposes of work 319 Officers of agricultural division 320 Free instruction, to whom 321 Bulletins to be issued 322 Fifty thousand dollars appropriated to establish agricultural division.... 323 Co-operation of regents with board of farmers' institutes , 324 UNORGANIZED TERRITORY Provision for education in vested in county board of education 381 County board of education composed of whom 382 Officers of 383 Board may employ clerk for the county superintendent 383 Salaries of members of board 384 Board to meet monthly 385 Clerk of board to make report to state superintendent 386 Taxes to be levied for schools and furniture 384 School houses, duty of board as to 388 Powers and duties of board 389 District can be organized as common district, when 390 Division of moneys of school district between old and new counties 391 Board of apportionment 392 Duties of county and school officials after division and apportionment. . 393 District of ten or more townships, trustees of, how elected 394 Proceedings of school board to be published, when 395 "Proceedings" include what 396 138 INDEX. State public examiner to make annual examination of books, records, etc 397 Compensation of members of board 398 Certain expenses to be paid 399 Tax to be levied to pay salaries and expenses of board 400 Not to issue bonds or evidence of indebtedness without authority 401 Cannot issue bonds or evidence of indebtedness under certain conditions 402 V VACANCY In school board, how filled, in districts containing less than ten town- ships 44 In school board, how filled, in districts containing more than ten town- ships 44 Special election to fill, when may be held 45 In school board, may be filled by appointment 44 In board of regents, may be filled by appointment 287 W WAGES Of teachers have preference in order in which they become due 61 No money applicable for can be used for any other purpose 61 Cannot be paid from any fund except that raised or apportioned for that purpose 61 Of teachers, school board cannot retain Note. 247 Of teachers, subject to garnishment, attachment and execution Note. 247 Penalty for failure of treasurer to pay teachers 92 None to be paid to teachers in default as to reports 249 WEBSTER'S DICTIONARY When district may be furnished with 163 When superintendent authorized to sell to state educational institutions 163 Fund appropriated for purchase of 164 Funds from sale of turned over to state treasurer 165 WOMEN May vote at school meetings 35 When foreign born, become citizens on marrying citizens Note. 35 :",•: .'-■ ■'■> ,' ■ UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW 30w-l,'15 6AYL0R0 BROS. MAKERS SYRACUSE, • NY. **T. JAN. Il.lto* 247900 °A