e/ GIFT OF iJ Ss ;?-* COMPLIMENTS OF V. O. GILBERT SUPERINTENDENT OF PUBLIC INSTRUCTION COMMON SCHOOL LAWS OF KENTUCKY 1916 This edition of the School Law was compiled by Mr. A. L. Gilbert, who looks after all legal ques- tions connected with the Department of Education. Compiled in Accordance With Sections 35 and 37 of the Common School Laws BY V. 0, GILBERT Superintendent of Public Instruction Vol. 9. No. 4. - ^n THE STATE JOURNAL COMPANY Printers to the Commonwealth Frankfort, Kentucky. CONTENTS. Chapter. Page. I. Constitutional Provisions 1 II. General Provisions 4 III. School Fund 6 IV. State Board of Education 10 V. Superintendent of Public Instruction 11 VI. County Superintendent 17 VII. County Board of Examiners 30 VIII. Districts 32 IX. District Trustees 38 X. District Taxation 56 XI. Graded Common Schools a. Districts 61 b. Trustees 67 c. Taxation 73 XII. Teachers 80 XIII. Teachers' Institute 89 XIV. County and District Libraries 93 XV. Colored Schools 95 XVI. County High Schools 97 XVII. Compulsory Education or Compulsory Attendance Law 100 XVIII. Local Schools Acts Affecting 102 XIX. Seminaries 103 XX. School Suffrage for Women 104 XXI. Building School Commission 105 XXII. State Normal Schools 109 XXIII. State Normal Schools for Colored Persons 124 XXIV. University of Kentucky .'.. 129 XXV. Illiteracy Commission 146 XXVI. School Text Book Law 149 XXVII. Child Labor Law 158 XXVIII. Public Schools in Cities of the First Class 167 XXIX. Parental Home and School Commission '. 187 XXX. Public Schools in Cities of the Second Class 189 XXXI. Public Schools in Cities of the Third Class 213 XXXII. Public Schools in Cities of the Fourth Class 218 XXXIII. Compulsory Attendance First, Second, Third and Fourth Class Cities.... .. 232 341801 PREFACE This Bulletin is a codification of all the school laws of the State to date, including the decisions of the Court of Appeals and the rulings of the Attorney General. We hope and believe that this arrangement and organization will materially aid in their better understanding and application. This bulletin represents much painstaking labor of the Depart- ment and a very thoughtful consideration by the late General Assem- bly. We hope to have not only a careful study of this bulletin by school authorities, but also by the general public. Sections marked with star (*) have been rewritten in this codifi- cation of school laws. It is the duty of every school officer, receiving a copy of this Law, to preserve it carefully and transmit it to his successor in office. V. O. GILBERT, State Superintendent. EDUCATIONAL PROVISIONS OF THE KENTUCKY CONSTITUTION CHAPTER I. 183. Common Schools to be Provided For. The General As- sembly shall, by appropriate legislation, provide for an efficient sys- tem of common schools throughout the State. (See Sec. 4363, Ky. Stat.) 184. Fund Set Apart for Common Schools Taxation for A. & M. College. The bond of the Commonwealth, issued in favor of the Board of Education, for the sum of one million three hundred and twenty-seven thousand dollars, shall constitute one bond of the Com- monwealth in favor of the Board of Education, and this bond and the seventy-three thousand five hundred dollars of the stock in the Bank of Kentucky (now seventy-nine thousand eight hundred), held by the Board of Education, and its proceeds, shall be held inviolate for the purpose of sustaining the system of the common schools. The inter- ests and dividends of said fund, together with any sum which may be produced by taxation or otherwise for the purposes of common school education, shall be appropriated to the common schools and to no other purpose. No sum shall be raised or collected for educa- tion other than in common schools until the question of taxation is submitted to the legal voters, and the majority of the votes cast at said election shall be in favor of such taxation: Provided, The tax now imposed for educational purposes, and for the endowment and maintenance of the Agricultural and Mechanical College, shall remain until changed by law. (See Sec. 4370, Ky. Stat.) DECISIONS OP THE COURT OF APPEALS. A graded school district is at least a quasi public corpo- ration, and the constitutional inhibition against the impair- ment of contracts, does not apply to rights obtained through the charter of such corporations. An additional tax can not be imposed under section 1S4 of the Constitution except by a vote of the people. Larue v. Redmon, etc., 168 Ky., 487. 185. Common School Funds Investment Interest on. The General Assembly shall make provision, by law, for the payment of the interest of said school fund, and may provide for the sale o'f the stock in the Bank of Kentucky; and in case of a sale of all or any KENTUCKY SCHOOL LAWS 1916. part of said; 8tju^ f ; Uie proceeds of sale shall be invested by the Sink- ing F'urid 'ComniissionerY i'n other good interest-bearing stocks or bonds, which shall be subject to sale and re-investment, from time to time, in like manner with the same restrictions as provided with reference to the sale of the said stock in the Bank of Kentucky. (See Sec. 4370, Ky. Stat.) 186. Distribution of Fund Surplus Due Counties. Each county in the Commonwealth shall be entitled to its proportion of the school fund on its census of pupil children for each school year; if the pro- rata yhare of any school district be not called for after the second school year, it shall be covered into the treasury and be placed to the credit of the school fund for general apportionment the follow- ing school year. The surplus now due the several counties shall re- main a perpetual obligation against the Commonwealth for the benefit of said respective counties for which the Commonwealth shall ex- ecute its bond, bearing interest at the rate of six per centum per annum, payable annually, to the counties respectively entitled to the same, and in the proportion to which they are entitled, to be used exclusively in aid of common schools. (See Sec. 4375, Ky. Stat.) 187. Each Race to Share Fund Equally Separate Schools. In distributing the school fund no distinction shall be made on account of race or color and separate schools for white and colored children shall be maintained. 188. School Fund Money Received From United States, Part of. So much of any moneys as may be received by the Commonwealth from the United States under the recent act of Congress refunding the direct tax shall become a part of the school fund and be held as provided in section 184; but the General Assembly may authorize the use by the Commonwealth of the moneys so received or any part thereof, in which event a bond shall be executed to the Board of Education for the amount so used, which bond shall be held on the same terms and conditions and subject to the provisions of section 184, concerning the bond therein referred to. (See Sec. 4370, Ky. Stat.) 189. Appropriation for Sectarian Purposes Forbidden. No por- tion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school. (See further, Con., Sec. 5.) 155. School Elections Exceptions in Favor of. The provisions of sections 145 to 154, inclusive (which require a secret ballot in all elections, etc.), shall not apply to the election of school trustees and other common school district elections. Said elections shall be reg- ulated by the General Assembly, except as otherwise provided in the Constitution. (See Sees. 4434, 4458, Ky. Stat.) 157. Municipal Tax Rate Indebtedness Submission to Voters. The tax rate of cities, towns, counties, taxing districts and other CONSTITUTION. 3 municipalities, for other than school purposes, shall not, at any time, exceed the following rates upon the value of the taxable property therein, viz: For all towns or cities having a population of fifteen thousand or more, one dollar and fifty cents on the hundred dollars; for all towns or cities having less than fifteen thousand and not less than ten thousand, one dollar on the hundred dollars; for all towns or cities having less than ten thousand, seventy-five cents on the hun- dred dollars, and for counties and taxing districts fifty cents on the hundred dollars; unless it should be necessary to enable such city, town, county or taxing district to pay the interest on, and provide a sinking fund for the extinction of, indebtedness contracted before the adoption of this Constitution. No county, city, town, taxing district, or other municipality shall be authorized or permitted to become in- debted, in any manner or for any purpose, to an amount exceeding, in- any year, the income and revenue provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to be held for that purpose; and any indebtedness contracted in viola- tion of this section shall be void. Nor shall such contract be en- forceable by the person with whom made; nor shall such municipality ever be authorized to assume the same. (See notes Sec. 136, 157, 160.) BILL OF RIGHTS. 5. Freedom of Conscience Church and State Education. No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or mainte* nance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged on account of his belief or dis- belief of any religious tenet, dogma or teaching. No human author- ity shall, in any case whatever, control or interfere with the rights of conscience. (See further, Sec. 189, Con.) LOCAL AND SPECIAL LEGISLATION. 59. Limitations Upon. The General Assembly shall not pass local or special acts concerning any of the following subjects, or for any of the following purposes, namely: Sub. Sec. 25. Common Schools. To provide for the management of common schools. (See Chap. 113, Ky. Stat.) KENTUCKY SCHOOL LAWS 1916. CHAPTER II. GENERAL PROVISIONS. 1. ( 43G3 Ky. St.) Uniform System to be Maintained. There shall be maintained throughout the State of Kentucky a uniform sys- tem of common schools in accordance with the Constitution of the State and this chapter. 2. ( 4364* Ky. St.) Common School Defined Any Child May Attend. No school shall be deemed a "common school," within the meaning of this chapter, or be entitled to any contribution out of the school fund, unless the same has been, pursuant hereto, actually kept, or is under contract to be kept, by a qualified teacher for six or more months in all subdistricts, during the same school year, and at which every child residing in the district, between the ages of six and twenty years, has had the privilege of attending, whether contributing towards defraying the expense or not: Provided, That nothing herein shall pre- vent any person from attending the common school who will obtain the consent of the trustees and the teachers and pay the required tui- tion fees. (See notes Sec. 94.) OFINION OP THE ATTORNEY GENERAL If a child is between the ages of six and twenty and a resident of the school district, he then possesses the right to attend the common school in that district without regard to the question as to whether or not lie was listed or could have been listed on the preceding first day of April. 3. ( 4365 Ky. St.) School Year. The school year shall begin on the first day of July and end on the thirtieth of June. 4. ( 4366 Ky. St.) School Month School Day Assistant Teacher. Twenty school days, or days in which teachers are actually employed in the school room, shall constitute a school month in the common schools of the State; but no teacher shall teach on Saturdays. Teachers shall have the benefit of only such legal holidays as they actually observe. Six hours of actual work in the school room shall constitute a school day; and, under no circumstances, shall the daily session, including recesses and intermissions, exceed nine hours in length. When the attendance exceeds fifty, the teacher may employ during such attendance, an assistant, whose scholarship and compe- tency shall be acceptable to the division board of his educational di- vision. When the school shall require an assistant to serve regularly at a s'alary, such assistant shall hold a certificate of qualification, and be employed by the division board of his educational division. (See notes to Sec. 186.) 5. ( 4367 Ky. St.) Pupils to Comply With Regulations Sus- pension or Expulsion. All pupils who may be admitted to common schools shall comply with the regulations established in pursuance of law for the government of such schools. Willful disobedience or de- GENERAL PROVISIONS. 5 fiance of the authority of the teachers, habitual profanity or vulgarity, or other gross violation of propriety or law, shall constitute good cause for suspension or expulsion from school. (See Sec. 119.) 6. ( 4368 Ky. St.) Sectarian, Infidel, or Immoral Books or Teaching Prohibited. No books or other publications of a sectarian, infidel, or immoral character, shall be used or distributed in any com- mon school, nor shall any sectarian, infidel or immoral doctrine be taught therein. (Graded Schools, see Sec. 205.) DECISION OF THE COURT OP APPEALS. A graded school, maintained by the State by taxation, in opening 1 school every morning" the following" prayer was of- fered: "Our Father, who art in Heaven, we ask Thy aid in our day's work. Be with us in all we do and say. Give us wis- dom and strength and patience to teach these children as they should be taug-ht. May teacher and pupil have mutual love and respect. Watch over these children, both in the school room and on the play ground. Keep them from being- hurt in any way, and at last, when we come to die, may none of our number be missing- around Thy throne. These things we ask for Christ's sake. Amen." Held, that such prayer is not "sectarian," either in form or substances within the meaning- of Sections 5 or 189 Constitution, or of this section. The reading- of the Bible in school without note or comment is not sectarian instruction. The Bible is not a sectarian book. Hacket v. Brooksville, etc., 120 Ky., 608. 7. ( 4369 Ky. St.) Certificate Granted to Pupil Who Com- pletes Course Examination For. Whenever a pupil of any common school shall have faithfully completed the prescribed course of study, shall have passed a proper examination before the County Board of Examiners, on a series of questions prescribed by the State Board of Examiners, and paid to the said county board an examination fee of one dollar, he shall be entitled to a certificate of such completion and examination, signed by said county board, and approved by the Su- perintendent of Public Instruction, who shall affix thereto his official seal. The Superintendent of Public Instruction shall prepare a proper form for said certificate. One such examination shall be held in each county on the last Friday and Saturday in January, and another on the second Frilay and Saturday in May of each year. 8. ( 4369a Ky. St.) School Houses to be Used for Public Gath- erings. When a responsible person of any subdistrict may apply to any subdistrict trustee for the use of a school house, to be used when the school is not in session, during school hours or vacations, by any lawful assembly of educational, religious, agricultural, political, civic or social bodies, organizations or gatherings, and if said subdistrict trustee refuse the use of the same, then the said trustee shall state his cause for refusal in writing, and if a demand, signed by five free- holders of said subdistrict, be presented to said subdistrict trustee, then he shall deliver or cause to be delivered, the keys of said school house, to such freeholder, who shall be responsible for the use and care of said school property and of avoidable damages and the return of the key to the teacher of said district, if school be in term session, or to the subdistrict trustee during vacations. 6 KENTUCKY SCHOOL LAWS 1916. CHAPTER III. SCHOOL FUND. 9. ( 4370 Ky. St.) What Constitute Dividend on Bank Stock Annual Tax Fines and Forfeitures. The school fund shall consist of the fund dedicated by the Constitution and laws of this Common- wealth for the purpose of sustaining a system of common schools therein: (1) The interest on the bond of the Commonwealth for one million three hundred and twenty-seven thousand dollars ($1,327,000.00) in aid of common schools, at the rate of 6 per cent, per annum, payable semi-annually on the first day of January and July of each year. (2) The dividends on seven hundred and thirty-five (now seven hun- dred fcnd ninety-eight) shares of the capital stock of the Bank of Ken- tucky, representing a par value of seventy-three thousand five hundred dollars (now seventy-nine thousand eight hundred) owned by the State. (3) The surplus, three hundred and eighty-one thousand nine hundred and eighty-six dollars and eight cents ($381,986.08), now due the several counties, and remaining a perpetual obligation against the Commonwealth for the benefit of said respective counties, for which the Commonwealth shall execute its bond, bearing interest at the rate of 6 per cent, per annum, payable annually on the first day of July to the counties respectively entitled to the same, and in the proportion to which they are entitled, to be used exclusively in aid of common schools. Said bond shall be executed by the Governor and attested by the Secretary of State for, and on behalf of the Com- monwealth of Kentucky, and when said bond is executed the old bond for three hundred and seventy-eight thousand nine hundred and forty-six dollars and seventy-one cents, being part of said bond, shall be cancelled and destroyed. (4) The interest at 6 per cent, per annum, payable semi-annually, on the first day of January and July, on six hundred and six thousand six hundred and forty- one dollars and three cents ($606,641.03), received from the United States under an act approved March 2, 1891, for which the Commonwealth has executed bond pursuant to an act approved March 12, 1892. (5) The annual tax of twenty-six cents on each one hundred dollars of value of all real and personal estate and corporate franchises directed to be assessed for taxation. (6) Such portions of fines, forfeitures and licenses which may be realized by the State as the amount of taxes for common school purposes bear to the whole State tax other than for the benefit of the Agricultural and Mechanical College. (See Sec. 104.) SCHOOL FUND. 7 DECISION OP THE COURT OP APPEALS. Taxes on foreign insurance companies' premiums are not part of tin- __ cents (now I'd cents) on each $100.00 valuation of properly as is provided in this section, nor is it a fine, for- feiture or license. Fuqua, etc. v. Hager, etc., 119 Ky., 407. 10. ( 4371 Ky. St.) Common School Fund Shall Not be Used For Any Other Purpose. The foregoing shall constitute the annual resources of the school fund of Kentucky, and shall be paid into the Treasury, and shall not be drawn out or appropriated, except to pay the expenses of the State Department of Education of whatever char- acter or kind, and in aid of common schools, as provided in this chapter. DECISION OP THE COURT OP APPEALS. The Constitution does not limit the use of the common school fund to the payment of teachers of the common school, and the legislature has a right to enact section ten and pro- vide that the expenses of the Department of Education of whatever character or kind shall be paid out of that fund. Superintendent, etc. v. Auditor, etc., 97 Ky., 180. 11. ( 4372 Ky. St.) Fund Used for Payment of Teachers, Unless Otherwise Provided. Except as otherwise expressly provided in this chapter, no part of the common school fund, or of the revenue thereof, shall be used for any other purpose than the payment of teachers of common schools, legally qualified and employed in pur- suance thereof. (See Sec. 55.) DECISION OF THE COURT OF APPEALS. The legislature has no power to divide the common school fund in a particular district, and appropriate a part of it to the payment of teachers in a private school. Underwood v. Wood, etc., 93 Ky., 177. 12. ( 4373 Ky. St.) Auditor Duty of With Relation to Fund The Auditor shall keep the accounts in relation to this fund. He shall, once in each month, make a transfer to the credit of said fund of all receipts into the treasury, with the source of each item, for the benefit of the common schools up to the date of such transfer. He shall allow no expenditures on that account beyond the annual revenue of the fund, and shall see that no county draws more than its proper proportions. 13. ( 4374 Ky. St.) Net Revenue to be Distributed Fees and Expenses Not to be Paid Out of. The net revenue of the fund accru- ing during each school year shall constitute the sum to be distributed. But no fees to county judges or clerks, discount on checks, or other incidental expenses, shall be paid out of the distributable share of the revenue apportioned to any county; but such payment, when al- lowed by the fiscal court, shall be made out of the county levy. 14. ( 4375 Ky. St.) Superintendent to Estimate Share Pupil Entitled to Duty of Auditor and Superintendent Surplus Due Coun- ties. The Superintendent of Public Instruction shall, on or before the 8 KENTUCKY SCHOOL LAWS 1916. fifteenth day of July in each year, ascertain and estimate for the school year the pro rata share to which each pupil-child will be en- titled, according to the whole number of such children residing in each county, as shown by the returns of the County Superintendent. If at the time of making such estimate and apportionment, the census returns of the superintendent for any county have not been made to him, he shall use the census returns made for the previous year. It shall be the duty of the Auditor to furnish the Superintend- ent of Public Instruction such data as may be needed in making such estimate and apportionment. It shall be the duty of the Superintend- ent of Public Instruction, as soon as practical, to file such a copy of said estimate and apportionment with the Auditor, and to inform each county superintendent of the amount to which his county shall be en- titled. Whatever difference may exist between the estimated and the actual revenue of the school fund for any school year shall be taken into the account of the estimate and apportionment for the succeed- ing school year. A detailed statement of the surplus amount to which each county is entitled shall be made out by the Superintendent of Public Instruc- tion and filed and preserved in his office. The bonded surplus in the State Treasury to the credit of the counties shall bear interest at the rate of 6 per cent, per annum, and per capita derived from said inter- est shall be duly apportioned to the white and colored schools of the county respectively, and be paid as provided in the following sec- tion: Provided, that when any county heretofore established out of the territory belonging to a county or counties having a~surplus which has not been apportioned among said counties, and when any new county shall hereafter be established out of territory belonging to a county or counties having such a surplus, then the Superintendent of Public Instruction shall apportion such surplus among the original and new counties in an equitable manner. DECISION OF THE COURT OF APPEALS. Under section 14, where a majority of the districts have been overpaid because of an erroneous estimate of the revenue of the school funds for the year, such districts must be post.- poned in the apportionment of the revenue of the next year, until the under-paid districts are made equal to them. Louis- ville, etc. v. McChesney, etc., 109 Ky., 9. 15. ( 4376* Ky. St.) Distributions by Auditor on Warrant of Superintendent Dates of. For each school year the Auditor of Public Accounts shall, on the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund due each county superintendent of common schools, and the amount due each city, town or village organized as one district to the Treasurer of the School Board thereof, as follows: On or before the first of October, one-sixth of the whole amount; on or before the first of November, one-sixth of the whole amount; on or before the first of December, SCHOOL FUND. . 9 two-sixths of the whole amount; on or before the first of January, one-sixth of the whole amount, and on or before the first of February, the residue, including the undistributed surplus: Provided, That if on the first day of October, November or December, the amount in the treasury to the credit of the school fund be insufficient to admit of a full distribution of the proportion required by this act, then the Auditor of Public Accounts shall, upon the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund then on hand proportionately, without preference or par- tiality, to all the counties in the State as heretofore directed. 16. ( 4375a* Ky. St.) Per Capita of $4.75 Extension of Term- Payment of School Fund. That whenever the State Superintendent of Public Instruction shall declare a per capita not less than $4.75 nor more than $5.35 per each child in Kentucky between the ages of six and twenty years, who are entitled to same, the school term for the common schools of the State of Kentucky shall be extended from six to seven months, and when said per capita is declared to be over $5.35, said term shall be extended to eight months. The declaration of said per capita as above alone extending said term, but in no event shall the term be less than six months, as now required by law. When the school term is extended to seven months, the school fund for that year shall be divided into seven equal installments, and when extended to eight months, into eight equal installments. The first six installments are to be paid at same dates as now required by law for six-months schools, and when the term is only seven months, the two last months shall be paid for on the second Saturday in March of each year, and when eight months, the two last months shall be paid for the second Saturday of March and the second Satur- day of April, respectively. 17. ( 68a-3 Ky. St.) Claims for Damage to Sheep Surplus to Credit of County School Fund. At each meeting of the fiscal court the claims for loss or damage to sheep, which have been filed not less than thirty days prior to such meeting, shall be taken up and considered and rejected, or, if correct and just, allow the same, or such parts thereof as may be deemed right: Provided, That the fiscal court may require additional evidence on any such claims, either by oral testimony or affidavits. Such claims as are allowed shall be filed with the Auditor, who shall, after the first of January of each year, take up all such claims by counties, and draw his warrants upon the Treasurer in favor of claimant for the amount allowed by the fiscal court: Provided, If the amount of the dog tax fund to the credit of any county be not sufficient to pay all claims for such county, the Auditor shall prorate the claims from such county. Any surplus remaining to the credit of a county after all such claims are allowed shall be transferred to the credit of the school fund of such county. 10 KENTUCKY SCHOOL LAWS 1916. CHAPTER IV. STATE BOARD OF EDUCATION. 18. ( 4377 Ky. St.) Members of Board a Corporation. The Superintendent of Public Instruction, together with the Secretary of State and Attorney General, shall constitute the State Board of Edu- cation. The board thus constituted shall be a body politic and cor- porate by the name and style of the Kentucky State Board of Education. 19. ( 4378 Ky. St.) Property Held and Disposed of for the Benefit of Schools. The corporation shall take, hold and dispose of real or personal estate for the benefit of the common schools of the State. The bonds, certificates of stock and other evidences of prop- erty held by the board for common school purposes shall be in the custody of the chairman, and the place of deposit shall be shown by the records of the board. (See Sees. 39, 60.) 20. ( 4379 Ky. St.) Superintendent Chairman, and With One Member a Quorum. The Superintendent of Public Instruction shall be the chairman of the board, and, with one other member may con- trol its corporate action at any regular or called meeting of the board, of which all the members shall have had timely notice in writing. 21. ( 4380 Ky. St.) Meetings How Called. The board shall meet only on written call of the chairman. 22. ( 4381 Ky. St.) Corporate Acts. The corporate acts of the board shall be attested by the signature of the chairman, and his private seal shall stand in lieu of a corporate seal. 23. ( 4382 Ky. St.) Powers and Duties Standing Committee. The State Board of Education shall constitute a standing com- mittee, who shall prepare rules, by-laws and regulations for the gov- ernment of the common schools of the State, which shall be adopted and enforced under the authority and direction of the county super- intendents, trustees and teachers; shall prescribe regulations for the management of county teachers' libraries, and prepare suitable lists of books for sub-district libraries- with regulations for the management thereof; shall prescribe and publish a public graded course of study for the common schools, specifying the order of studies, and the time to be allotted to each, which course of study shall be observed by the teacher and enforced by the trustees. 24. ( 4383 Ky. St.) Course of Study. The instruction pre- scribed by the board shall embrace spelling, reading, writing, arith- metic, English grammar, English composition, geography, physiology and hygiene, civil government, United States history, and the history of Kentucky. After July 1, 1893, the nature and effects of alcoholic drinks and narcotics upon the human system shall, in all schools sup- ported wholly or in part by the State, be taught as thoroughly as other required studies to all pupils studying physiology and hygiene as a part of this branch, SUPERINTENDENT OF PUBLIC INSTRUCTION. 11 CHAPTER V. SUPERINTENDENT OF PUBLIC INSTRUCTION. 25. ( 4384 Ky. St.) Oath Bond Beginning of Term. The Superintendent of Public Instruction shall take the oath and enter upon the duties of his office, on the first Monday in January after his election, and shall give bond to the Commonwealth, with good security, for the faithful performance of his duties to be approved by the Governor, with at least twenty-five thousand dollars, the bond to be filed in the office of the Secretary of State. (See Sec. 42.) 26. Salary Office Supplies Clerk, Stenographers and Sal- aries. The Superintendent of Public Instruction shall receive a salary of two thousand five hundred dollars, and the additional amount he receives as chief inspector and examiner of schools, per annum; be- sides which he shall be entitled to all office fixtures, stationery, books, postage, fuel and light needed to carry on the work of his office. The Superintendent of Public Instruction shall have the power to appoint for his department clerks and stenographers hereinafter enumerated, who shall serve for the term for which he is elected, unless sooner removed by him. They shall perform such duties, not otherwise provided by law, as may be assigned them by the Superin- tendent of Public Instruction for the furtherance of the discharge of his duties. There shall be a chief clerk, who, in case of the absence or sick- ness of the Superintendent of Public Instruction, shall perform the duties of the latter, and said clerk's salary shall be fifteen hundred dollars per annum, payable monthly, out of the school fund, by the State Treasurer. There shall be a first clerk and a second clerk, each of whom shall be paid a salary of twelve hundred dollars per annum, payable monthly out of the school fund by the State Treasurer. There shall be a third clerk, who shall be paid a salary of one thousand dollars per annum, payable monthly, out of the school fund by the State Treasurer. There shall be a fourth clerk, who shall be paid a salary of eight hundred and fifty dollars per annum, payable monthly out of the school fund by the State Treasurer. There may be two stenographers who shall receive and be paid one thousand two hundred dollars each per annum, and two stenog- raphers who shall receive and be paid one thousand dollars each per annum and one stenographer who shall receive nine hundred dollars per annum, payable monthly out of the school fund by the State Treasurer. 27. ( 4385 Ky. St.) Expenses Paid Not Exceeding $500. The 12 KENTUCKY SCHOOL LAWS 1916. Superintendent of Public Instruction should visit various portions of the State in the interest of the common schools. The necessary ex- penses thus incurred by the State Superintendent, not to exceed in all five hundred dollars annually while engaged in such work, shall be paid by the Treasurer and charged to the common school fund; and that the Superintendent is hereby authorized to make monthly requisitions on the Auditor for such expenses, and that he render an itemized account of the same. 28. ( 4386 Ky. St.) State Board of ExaminersDuties of. The Superintendent of Public Instruction shall appoint two profes- sional educators, who, together with himself, shall constitute a State Board of Examiners, who shall examine all applicants, personally ap- plying to them for certificates of qualifications as county superin- tendents or for State diplomas or State certificates. The said Board of Examiners shall prepare the series of questions for the examination of candidates for county superintendents, as provided in Section 46 of this Act, and also the different series of questions for the examination of teachers as provided in Section 177 of this Act and before for- warding to the county superintendents shall submit all of the said series to the State Board of Education for their approval. 29. ( 4387 Ky. St.) Office at Seat of Government Entire Time to be Devoted to Duties. He shall keep his office at the* seat of government in such suitable buildings as may be provided, and shall devote his entire time and attention to the duties of his office. 30. ( 4388 Ky. St.) Accounts Settlements Changes in County Superintendent. He shall keep an account of all the orders drawn or countersigned by him on the Auditor; of all the returns of settlements and of all changes in the office of county superintend- ents, which shall be furnished to the Auditor whenever required. 31. ( 4389 Ky. St.) Report of Condition and Prospects of Schools Printing and Distribution. He shall biennially, on or before the meeting of the General Assembly, make report of the condition, progress and prospects of the common schools; the amount and condition of the school fund; how its revenue for the two previous school years has been distributed; the amount produced and dis- bursed for common school purposes from local taxation or other sources and how and for what the same was expended; an abstract of the county superintendents' reports, the practicable working of the common school system of the State, with suggestions as to any alterna- tions it may require; all of which, together with such other facts, statistics, and information as may be deemed of interest to be known, he shall deliver to the contractor for public printing, and cause to be printed a copy for each school district and for each county and city superintendent of schools in the State, seven hundred and fifty copies for the use of the members of the General Assembly and for exchange with the Superintendents of Public Instruction of other SUPERINTENDENT OF PUBLIC INSTRUCTION. 13 States and five hundred copies for distribution by the Superintendent, according to his discretion. (See Sees. 34, 37.) 32. ( 4390 Ky. St.) Blind, Deaf, Dumb and Feeble-Minded Institutions Reports Concerning. The Superintendent in his report shall set forth the objects, methods of admission and other general information concerning the institutions for the blind, the deaf and dumb, and the feeble-minded; and, to aid him in his work, the super- intendents of these institutions shall be required annually, by the first day of September, to furnish the Superintendent of Public Instruc- tion with such condensed statement of their respective institutions as it would be profitable to publish. 33. ( 4391 Ky. St.) Copies of Records in Office Evidence. Copies of records and papers in his office certified by him shall in all cases be evidenced equally with the originals. 34. ( 4392 Ky. St.) Blanks Documents to be Prepared and Furnished. He shall prepare suitable blanks for reports, registers, certificates, notices, and such other official documents as may be pro- vided for in this chapter and shall cause the same with such instruc- tions and information as he may deem necessary to a proper under- standing and use of them, to be transmitted to the officers and persons intrusted with the execution of the provisions of the school law. (See Sees. 31, 37, 112, 188, 189.) 35. ( 4393 Ky. St.) School Laws to be Biennially Arranged and Edited. The Superintendent of Public Instruction shall biennially collect, arrange for publication and index the school laws, omitting all that has been repealed and inserting in its proper place that which is amendatory. 36. ( 4394 Ky. St.) County Superintendent or Trustee Neg- lect to be Reported Duty of County Attorney. It shall be his duty to report any neglect of duty, of any misappropriations of common school funds on the part of the county superintendents or trustees of common schools in this Commonwealth to the county attorney, whose duty it shall be, whenever such neglect of duty or misappro- priation of funds shall come to his knowledge, to prosecute such per- son in the circuit court of the county. (See Sec. 45.) 37. ( 4395 Ky. St.) Publication and Distribution of School Laws and Decisions. He sb,all have published for biennial distribution throughout the State, the general school laws of the State, abstracts of the decisions of the Appellate Courts and of the Attorney General on points of school law and construction thereof, decisions, rules, and regulations of the State Board of Education and of the State Board of Examiners, plans and specifications for building school houses; information and instructions in regard to application of the school law and the management of the common schools, important official and legal periods of the school year, with due notice thereof; and such other important facts and data as may be of interest to the public. (See Sees. 31, 34.) 14 KENTUCKY SCHOOL LAWS 1916. 38. ( 4396 Ky. St.) Decisions of Questions Appeal Opinion of Attorney General. The Superintendent of Public Instruction shall, at the written request of any county superintendent of common schools, decide any question of difference or doubt touching the admin- istrative duties of officers and teachers of the common schools in his county. The decision of the Superintendent of Public Instruction shall in such cases be final unless appeal be prosecuted from his decision to the State Board of Education within thirty days. Before rendering such opinion, the superintendent may obtain the advice of the Attorney General, whose opinion in writing, shall be conclusive for the time, and sufficient defense against all parties. The decisions of the Superintendent of Public Instruction, and the opinion of the Attorney General, shall be duly filed and duly recorded in the book kept for that purpose. (See Sec. 66.) 39. ( 4397 Ky. St.) Gift or Devise to School Fund Appoint- ment of Agent to Take Charge of Powers and Duties. Whenever he shall be informed that any donation, gift or devise of any real or personal estate shall have been made to the common school fund of Kentucky, it shall be the duty of the Superintendent of Public Instruc- tion to appoint some discreet person, who shall take charge of the real or personal estate so granted, devised or donated and sell and dispose of the same, and pay the proceeds into the State Treasury. Before said agent so appointed by the Superintendent of Public In- struction shall proceed to act he shall give a bond, with good security, to the Commonwealth, for the faithful discharge of his duties as agent. Said bond shall be given in the county in which the donor, grantor, or devisor shall have died, or in the county in which the property is situated, the bond shall be executed in, and approved by the county court. The person so appointed shall make a settle- ment with the county court of his county, once in each year, and shall pay into the treasury the amount found in his hands after said settle- ment. The court shall allow said person a reasonable compensation for collecting and paying over said money, not exceeding ten per cent, on the first five hundred dollars, and five per cent, on the residue, which amount said person shall retain in his hands out of the money collected. For any failure of the person so appointed to discharge the duties under this law, he and his securities shall be liable to all damages sustained, and for all money collected, with twenty per cent, damages on the amount so collected, and which he has failed to pay over. The suit on the bond shall be brought in the name of the Commonwealth of Kentucky, and shall be instituted by the Com- monwealth's Attorney or County Attorney. The person appointed by the Superintendent of Public Instruction shall have the same power in collecting and settling the estate as an administrator or executor now has by law, may insitute and defend all suits in reference to said estate, and sell and convey the real estate by deed. The amount of money paid into the treasury under the provisions of this section shall SUPERINTENDENT OF PUBLIC INSTRUCTION. 15 remain there until disposed of by law, and the treasurer and his sure- ties shall be liable for the same on his official bond. This section shall apply to all gifts, donations or devises heretofore or hereafter made to the school fund of Kentucky. But the provisions of this section shall not apply to cases where the terms or conditions of the devises, gifts or donations conflict with said provisions; but, in such cases, the terms or conditions of the devise, grant or donation shall be carried out as intended by the person making the same. (See Sec. 19, 60.) 40. ( 4398 Ky. St.) Books and Papers to be Delivered to Suc- cessor Penalty. Upon retiring from office, the Superintendent of Public Instruction shall deliver to his successor all books, papers and effects belonging to the office, and on failure to do so shall be fined in a sum not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the Franklin Circuit Court. 41. ( 4535M Ky. St.) State Superintendent to Act as State Inspector and Examiner of Schools Salary Assistants Power Duties. The State Superintendent of Public Instruction be, and is hereby, authorized to act as Special State Inspector and Examiner of all schools in cities, towns and counties in the Commonwealth, receiv- ing funds directly or indirectly from the State or said cities, towns and counties. The State Superintendent of Public Instruction, before entering upon this special duty shall take an oath before some one qualified to administer the oath, to faithfully and diligently perform the duties of this office and shall execute bond with good and suffi- cient security, to be approved by the Governor, in a sum not to exceed ten thousand dollars, which bond shall be filed with the Secretary of State. The Superintendent of Public Instruction shall receive annually for such special duty the salary of $1,500.00, payable monthly out of the State School Fund. He shall have power to appoint two assistants at salaries of one thousand dollars per annum, and all necessary and contingent and traveling expenses for himself and his assistants, when on business pertaining to these official duties. He shall be allowed not to exceed two thousand dollars per annum for additional clerk hire for this department, in connection with the State Department of Education, that the State Deparment may be made more efficient in the conduct, supervision, management and inspection of the schools and school revenues of the Commonwealth. These salaries and necessary ex- penses thus incurred shall be paid by the Treasurer and charged to the common school fund, and the Superintendent is hereby authorized to make monthly requisitions on the Auditor for such salaries and expenses and that he render an itemized account of the same. (County Superintendent's books subject to examination. Sec. 59.) 42. ( 4535f-2 Ky. St.) Bond to be Given by Assistant Inspec- tors. The assistants appointed by the Superintendent may be re- 16 KENTUCKY SCHOOL LAWS 1916. quired by him, subject to the approval of the State Board of Education, to make such bond as they may deem sufficient to faithfully and diligently perform, under the direction of the State Superintendent, such duties as he may assign them, either in the office of the Super- intendent, or on business pertaining to the official inspection duties. Such bond shall be filed in the office of the Superintendent of Public Instruction. (See Sec. 25.) 43. ( 4535f-3 Ky. St.) Power to Inspect School Funds and Management of all Schools. It shall be the duty of the State Superin- tendent as Special Inspector, by and through the co-operation of his assistants, to inspect and examine into the fiscal management and conduct of the office of all school officials, whose duty it is to receive, handle or disburse the public school funds either directly or indirectly and to compel an account of such school officials. The said inspector shall have power to examine into the management of public schools supported in whole or in part by the State and to see that the school laws, rulings, regulations and all by-laws of the State Board of Edu- cation are enforced and operative in such a way as to best and most equitably distribute the educational equipment of the State and to make the public school system of the State a more efficient system. 44. ( 4535f-4 Ky. St.) May Issue Process to Compel Attend- ance of Witnesses Penalties. He shall, at all time, have access to the papers, books and records of any and all teachers, trustees, super- intendents or other public officials, and shall have power to issue process and compel attendance of witnesses before him and to admin- ister oaths to and to compel witnesses to testify in any of the in- vestigations he is authorized to make, and upon the failure of any wit- ness to attend or testify without legal excuse, he shall be deemed guilty of a misdemeanor and upon conviction, fined not to exceed $25.00 for each offense. He shall have power to clothe his assist- ants with full power of attorney to act for him as inspector. 45. ( 4535f-5 Ky. St.) Report of Misconduct to County or Commonwealth Attorney. When he or his assistants shall find any mismanagement, misconduct, violation of law, or wrongful or improper use of any County or State school fund, or neglect in the performance of duty on the part of any school official, he shall report any and all such violations of the school laws when discovered to the State Board of Education, whose duty it shall be, through the State Superin- tendent, as Special Inspector, or one of his assistants, to call in the assistance of the County Attorney or Commonwealth's Attorney in the county or district where such violation occurs to assist in the indictment, prosecution and conviction of the accused, or if indict- ment, prosecution and conviction are not warrantable, he shall report such neglect or misconduct to the State Board of Education who shall have power to rectify and regulate all such natters. (See Sec. 36.) COUNTY SUPERINTENDENT. 17 CHAPTER VI. COUNTY SUPERINTENDENT. 46. ( 4399-1 Ky. St.) Qualification Examination Fees Cities of the First Class. (1) There shall be a County Superintendent of common schools in each county of the State, who shall be possessed of good moral character and ability to manage the common school interests of the county efficiently. He shall possess a good English education and shall be competent to examine the teachers who shall apply to teach the common schools in the county. He shall be twenty-four years old at the time of qualifying, a citizen of Kentucky, shall have resided two years next preceding the election in this State and one year in the county for which he is a candidate. No person shall be eligible to the office of County Superintendent unless he shall hold from the State Board of Examiners a State diploma or a State certificate which will not expire during his proposed term of office; or a certificate of qualification which shall in all respects be the equivalent of a State certificate issued by the State Board of Examiners, on a personal examination held at the State Capitol on the last Friday and Saturday in May and June next preceding the election of County Superintendents. (2) The fee for such an examination shall be five dollars and shall be divided among the members of the State Board of Examiners; the said certificate shall not entitle the holder thereof to teach in the common schools of the State. (3) In counties embracing any city of the first class and main- taining a system of public schools separate and distinct from the common schools of the county, no person shall be eligible to the office of County Superintendent other than a resident of such county outside of such city or town. (4) No person shall be eligible to hold the office of County Super- intendent excepting such County Superintendents as are now in office and such persons as have obtained a State diploma or State certificate issued by the State Board of Examiners or a certificate as is herein provided for. DECISION OF THE COURT OF APPEALS. Authority of County Superintendent to employ counsel. Money, etc. v. Beard and Marshall, 136 Ky., 219. 47. ( 4399-2 Ky. St.) Who May Not Hold Office of County Superintendent. No County Judge, Justice of the Peace, Circuit Clerk, County Clerk, County Attorney, County Surveyor, Sheriff, Coroner, Assessor, Trustee of a common school district, or a teacher 18 KENTUCKY SCHOOL LAWS 1916. while engaged in teaching in any kind of a school, shall hold the office of County Superintendent and the County Superintendent shall devote his entire time and attention to the duties of his office. 48. ( 4399-3 Ky. St.) Election of County Superintendent. (1) The County Superintendent shall be elected by the qualified voters of each county, qualified to vote in all school elections at the regular November election, provided by law and shall hold his office for four years from the first Monday in January following his election or until the election and qualification of his successor. (2) The County Superintendent shall be elected and the vote canvassed and the result certified by the same officers and in the same manner as in the election of other county officers and .within ten days after the election, the clerk of the county court shall forward a copy of the certificate of election to the Superintendent of Public Instruction. (3) In case of controverted right to the office of County Superin- tendent, the Superintendent of Public Instruction shall have power to recognize a Superintendent from among the contestants until the case has been settled; provided, that in counties containing cities of the first or second class, maintaining a system of public schools separate and distinct from the common schools of the county, the County Superintendent shall reside in the portion of the county out- side of such city or cities and be elected by the qualified voters of said county residing out of such city or cities. DECISIONS OF THE COURT OF APPEALS. County Superintendent Election Contest Recognized by State Superintendent. Wilson v. Tye, 126 Ky., 34. Women possessing- the necessary qualification, qualified voters to vote for County Superintendent. The office of County Superintendent of common schools is not a constitutional office. Crook, etc. v. Bartlett, 155 Ky., 305. 49. ( 4399-4 Ky. St.) Bond to be Executed. (1) Before enter- ing upon the discharge of his duties each County Superintendent must enter into a covenant before the county court of the county to the Commonwealth of Kentucky, with sufficient security in not less than an amount which shall not exceed twice the amount of money that he shall receive at any installment from the State Treasury, as common school funds, for the faithful discharge of his duties, and the said bond shall be renewed each year. Said bond shall be given in dupli- cate, one copy to be kept on file in the office of the County Clerk, and the other to be forwarded by the County Clerk to the Superintendent of Public Instruction. (2) It shall be the duty of the County Clerk iii forwarding the bond made by the County Superintendent at the time of assuming the duties of his office, to also forward to the Superintendent of Public Instruction a certified copy of the order of the court inducting the said Superintendent into office. COUNTY SUPERINTENDENT. 11) 50. ( 4399-5* Ky. St.) Salary of Superintendent. In counties listing less than one million dollars in taxable property for State and county taxation, the salary of the Superintendent shall not be less than $400.00 nor more than $1,500.00 per annum; in counties listing one million dollars or more, his salary shall not be less than $600.00 nor more than $2,500.00. Said salary shall be paid monthly by the fiscal court out of the county levy, as it is now paid. The said salary shall be based on the number of children reported in the census report of the sub-district trustees of such county, which salary shall not be less than 8 cents nor more than twenty cents for each pupil thus reported. In fixing the salary of the said Superintend- ent no child shall be counted or enumerated who is under a City School Superintendent of a city of the first, second, third or fourth class. Before the fiscal court shall allow the salary, it shall be satisfied from the statement subscribed and sworn to by the Superintendent, and from such other evidence as may be adduced, that he has visited the schools of the county and that said services have been faithfully and efficiently performed according to law. In his report to the State Superintendent of Public Instruction, the said Superintendent shall state the full amount allowed him by the fiscal court for his official services. Said salary shall be allowed the Superintendent for all services rendered and expenses incurred by him under the provisions of this law; and the fiscal court shall furnish the County Superintendent with a suitable office free of charge, large enough to accommodate the county teachers' library and the assistants in his office. (See Sec. 103.) DECISION OF THE COURT OF APPEALS. County Superintendent's salary Time for fixing by fiscal court. Piercy v. Smith, etc., 117 Ky., 990. 51. ( 4404* Ky. St.) Census Report of School Children- Notice of Change in District Boundaries. (1) It shall be the duty of each County Superintendent, on or before the first day of June each year, to prepare, mail to, and cause to be placed in the hands of the Superintendent of Public Instruction a report, certified by the county judge or clerk, that the report is a correct statement as shown from the census on file in the office of the clerk of the county court, show- ing the whole number of children, between the ages of six and twenty years, residing in his county, and the whole number residing in each sub-district, including each city and each independent district de- scribed by its number; and he shall be individually responsible to the county board of education by reason of any error made by said superintendent in reporting the census thereof. 20 KENTUCKY SCHOOL LAWS 1916. (2) He shall superintend the census taken during the month of April by the trustees, and not later than the twentieth of March of each year shall notify the trustee that the boundaries of the sub- district are as recorded for the past year in the trustees' register; or, if any changes have been made, shall give to the trustee exact notice of such changes, and, in due time, see that the said changes are included in the description of the boundary entered in the trus- tees' register. (3) At the time of such notice he shall give the said trustee printed or written instructions for taking the census; caution him against reporting persons not legally belonging thereto, and calling his attention to Section 94 of this Act. (4) He shall base his report upon the census taken during the month of April, and reports thereof made to him by the sub-district trustees and if such reports are not in from the sub-district by the tenth of May, the County Superintendent shall take, or have the census of such subdistrict taken, the cost of which shall be paid out of the county levy, and the fiscal court may recover from the delin- quent trustee the amount so paid. (Trustees take census. Sec. 94.) DECISION OF THE COURT OF APPEALS. No one can acquire the right to remain in a common school district by prescription. Trustees, etc. v. Young-, 105 Ky., 299. (See Sees. 121, 88.) 52. Duties as to Condemnation of School Houses and School Visitation. (1) He shall condemn any school house which is dilap- idated, unhealty, or otherwise unfit to be occupied for the purpose of a common school, and any fence or other inclosure of a school house when such inclosure is for any reason insufficient for the protection of the house or grounds. He shall condemn all school furniture or apparatus insufficient in quantity or not of the required character, and order the same replaced with the proper furniture and apparatus as described in section 115 of this act. He shall, within thirty days after such condemnation, notify the county board of education in writing. (2) He shall at least once a year make an official visit to each sub-district school of his county, but shall not make more than three such official visits in any one day. At the time of such visit he shall note in a book, to be kept for that purpose, the number of pupils in attendance; the number absent, and the cause of absence; the names of children unable to purchase books; the conditions of the school house, furniture, apparatus, grounds and appurtenances; the qualification and efficiency of the teacher; the conduct and standing of the pupils; the method of instruction; the discipline and government of the school. In the visits to the school he shall advise with the teachers and give them such instruction regarding discipline and teaching as he may deem necessary. COUNTY SUPERINTENDENT. 21 (3) He shall counsel the trustees and see that they discharge their duties, especially in securing full and regular attendance. (4) He shall admonish the teacher found remiss of duty in the matter of cleanliness of house, preservation of furniture and necessary ventilation and complain to the trustees in case of gross neglect of duty in these respects. (5) He shall examine the teacher's register and grade book, and the trustees' register; if the boundary of the district is not correctly given, he shall write it in said book himself, see that the records are properly kept, and the boundary of the district, the contract with the teacher, the levy of a tax, if any, and the official visits and pro- ceedings of the trustees are properly recorded, and by every means in his power strive to promote and advance the cause of common schools. 53. ( 4405 Ky. St.) Text Books*for Indigent Children Sup- plied by County Judge Duties of Superintendent. (1) It shall be the duty of each County Superintendent, before the opening of the schools each year, and from time to time, by personal observation or from trustees and teachers and otherwise, to ascertain the number and cost of text-books upon each of the common school branches needed by the indigent children of each sub-district and of the county for use in the common schools, and shall report to the county judge the number and kind of books needed, when the County Judge shall purchase the books and pay for them by an allowance made by the fiscal court of the county; the County Judge shall then turn them over to the County Superintendent for distribution, taking receipt for the number and value of the books, but the cost of said books shall not exceed the aggregate of two hundred dollars in any county per annum. (2) It is hereby made the special duty of the County and City School Superintendents of common schools to report to the County Judge the names of all such indigent children furnished them by trustees, and to see that the provisions of this section are faithfully executed. OPINION OF THE ATTORNEY GENERAL. City School Superintendents should furnish the names of all indigent children, who need school books, to the County Judge, and the County School Superintendent should furnish the names of such children in the county outside of the city. They should then be furnished to the County Superintendent who should turn over to the City School Superintendent the necessary books for such children in the city. 54. ( 4406 Ky. St.) Superintendent and Trustees to Report Additional Facts. County Superintendents and trustees of common schools shall report facts additional to those now required to be re- ported, whenever, in the judgment of the board or of the Superin- tendent of Public Instruction, the interest of the common schools of the State shall indicate the necessity therefor. 22 KENTUCKY SCHOOL LAWS 1916. 55. ( 4407 Ky. St.) Teachers Payment of Cities Organ- ized as Single Districts. (1) Each County Superintendent of common schools shall, on the second Saturday in October, reckoning school months of twenty days, pay the amount due each teacher of a com- mon school for the month or months completed out not for any frac- tion of a month, except as provided in section 189 of this act, on the certificate of the trustee for the sub-district and the chairman of the educational division that the school has been legally taught for that period; and thereafter the County Superintendent shall, on the second Saturday of each calendar month, pay the salary due each teacher of a common school for the previous school month or months not previously paid for, on the certificate of trustee for the sub-district and the chairman of the educational division that the school has been legally taught for the period specified: Provided, That all of said payments shall be made to the teacher personally or on written order, and that last payment shall be made for the entire balance due the teacher, including the undistributed surplus and interest on the county bond; and that any teacher who may violate his contract with the Division Board by refusing to continue his school shall forfeit any fractional salary that may be due him. (2) In cities and towns organized as single districts, and report ing direct to the Superintendent of Public Instruction, the provisions of this section shall equally apply, or such city or town may receive in January the whole amount due it if it shall so desire. In either case the president or chairman of the school board of such cities or towns shall make the report required of them by law, under oath, direct to the Superintendent of Public Instruction, and he shall draw his warrant on the Auditor of -Public Accounts in favor of the Treas- urer of such school board, which, when approved and countersigned by the Superintendent of Public Instruction shall entitle such treas- urer to a warrant on the treasury of the State for the amount thereof; and the said Treasurer and securities shall be accountable for the same upon his official bond, in any action by such School Board, of which the Superintendent of Public Instruction shall be officially notified. (See Sees. 9, 10, 11.) (Certificates to teach in school organ- ized by special act. See notes, Sec. 91.) DECISION OF THE COURT OF APPEALS. The statute does not leave with the County Superintend- ent of Schools the question of the amount of salary that may be due a teacher. That important duty is wisely confided to the Chairman of the Board of Trustees, and the County Super- intendent merely performs the clerical duty of paying out the money upon the certificate of the board having immediate charge of the teaching- force. Sections 55 and 119 mean that the public school fund can be paid out to the teachers by the County Superintendent, only when said school has been legally taught, and that fact certified to by the proper official. Vaughan v. Hindman, 145 ICy . , 507. COUNTY SUPERINTENDENT. 23 56. ( 4408 Ky. St.) Superintendent Punishment for False Report. (1) Any County Superintendent who shall knowingly and wilfully report to the Superintendent of Public Instruction a number of common schools as having been taught in his county greater than the number of schools having actually been taught herein according to law, or a number of children entitled to tuition in his county greater than the actual number of such children, or otherwise know- ingly or wilfully misstate any fact or facts which he is, or may be hereafter, required by law to report to the Superintendent of Public Instruction, shall be deemed guilty of a felony, and, upon conviction thereof, he fined in a sum not less than two hundred nor more than five hundred dollars, or imprisoned in the penitentiary not less than one nor more than ten years, or both fined 'and imprisoned in the discretion of the jury, and be removed from office. (2) And all sums recovered from him by due process of law, or by voluntary surrender of the excess taken by him, shall be paid into the school fund. 57. ( 4409* Ky. St.) Settlement With County Judge Money Not Paid Out Returned to Treasurer Penalty Duty of County Judge. (1) Each County Superintendent shall on or before the first day of August, annually settle his accounts for the previous school year with the County Judge of his county and forward a copy of said settlement, certified by the clerk of said court to be correct, to the Superintendent of Public Instruction. Said settlement shall embrace all sums received since the -date of his last settlement by said county Superintendent for the benefit of common schools taught during the school year; a full statement of all such sums paid out by him, for what, to whom, and when paid; and should any part of said fund received by him as aforesaid remain uncalled for, and not be paid out, he shall immediately refund said amount to the State. Treasurer, stat- ing why it was not paid out and at the same time notify the Superin- tendent of Public Instruction that he has refunded the said amount, that he may give said County Superintendent proper credit on his books for said amount refunded. (2) The receipt of the Auditor for money refunded shall be suffi- cient voucher with the County Judge in said settlement. (3) Should a copy of such settlement fail to reach the Superin- tendent of Public Instruction by the tenth of that month it shall be his duty to notify the County Judge and the delinquent County Su- perintendent of the fact; and upon receiving such notification it shall be the duty of the judge, in case the settlement shall not have been made, immediately to compel a settlement by attachment, as in cases of contempt, and a copy thereof to be forwarded to the Superintendent of Public Instruction. (4) For his willful failure to pay out to those entitled hereto any money in his hands for the space of thirty days after the same shall be received by him, or for his willful failure to make the aforesaid 24 KENTUCKY SCHOOL LAWS 1916. settlement by the time required by law, the County Superintendent shall be guilty of misdemeanor and being indicted and convicted thereof he shall be fined in a sum not less than one hundred nor more than five hundred dollars, as well as remain liable on his official bond, and may be removed from office. OPINION OP THE ATTORNEY GENERAL. The County Clerk's fees for recording- the settlement made by the County Superintendent with the Fiscal Court should be paid out of the county fund, and not out of the school funds. 58. ( 4410 Ky. St.) Report to be Made Annually Penalty for Failure Present at Office. (1) He shall on, or before the first day of August, prepare and mail, and cause to be placed in the hands of the Superintendent of Public Instruction, his official report, showing, in tables of details and aggregates, the school sub-districts of his county by number, the name and address of the trustee of each sub- district, with date at which each one's term expires; the sub-districts in which schools were taught, and the length of time taught; the highest, lowest, and average of number of children at school; the cost of tuition of each child for the session and per month; the num- ber of private schools, academies and colleges taught in the county, and length of session of the same; the number of teachers employed male, female and total for the common schools; the average wages for male teachers, female teachers, and total teachers per month; the name and address of teachers resident in his county, with grades of certificate of each; the amount of money raised for common school purposes in the county, by local tax or otherwise, and for what the same was disbursed; the number and kind of school houses, and the value of each; the number of sub-district libraries, also county library, if any, and number of volumes in each, and the increase during the year; the amount he has received for official compensation and ex- penses. (2) For willful failure to be present at his office at the time ap- pointed to receive reports, or for failing to make the reports herein required, he shall be fined a sum not exceeding fifty dollars. (See Sees. 63, 122, 201.) 59. ( 4411 Ky. St.) Record of Official Acts Su-bject to Inspec- tion. Each County Superintendent shall keep a detailed account of all money received and disbursed by him; a record of all business transacted by him as County Superintendent, together with the re- ports of the trustees; the names, numbers and description of school sub-districts, and all other papers and documents connected with his office, at all times subject to inspection and examination by any school officer or other person interested in any question pertaining to the common schools. (See Sec. 41.) 60. ( 4412 Ky. St.) Devise or Gift to Schools of County Duty COUNTY SUPERINTENDENT. 25 Concerning. Any devise, gift or donation of any real or personal estate in aid of the common schools of any county of this State shall be held in trust by the County Superintendent, and he shall be required to make settlement in regard thereto, in the same manner in which, and at the time when, he makes settlement in regard to the money received from the revenue of the school fund; and he shall send a copy of such settlement to the Superintendent of Public Instruction. (See Sees. 19, 39.) 61. ( 4413 Ky. St.) Oath May be Administered by. A County Superintendent may administer the oath required of a trustee or of a teacher of common schools, or other persons required to make oath in matters relating thereto. (See Sees. 62, 92, 177.) 62. ( 4414 Ky. St.) Administering Oath to Trustees -Record Concerning Notice. (1) He shall administer the oath of office to trustees-elect applying to him for that purpose; but it shall be lawful for any justice of the peace, or other person authorized to administer oaths, to administer the oath of office to any trustee; but said oath shall not be valid unless reported in writing to the County Superin- tendent by said Justice or other person within ten days from the time when administered. (2) He shall make a record of the names of trustees then quali- fied, showing the sub-districts in which they were elected, and the postoffice of each. He shall, at the time, deliver to the trustee of each sub-district such blanks as they will need for the coming school year, and give such information with regard to their duties as may be requested. (3) He shall address all official correspondence to the trustees. Notice to them shall be regarded as notice to the people of the sub- district, and it shall be the duty of the trustee to notify the people. (See Sec. 61.) DECISION OF THE COURT OF APPEALS. Neither a parole resignation by a school trustee nor a written resignation, to which his name was signed by another, is valid. If a trustee took the oath of office before a County Su- perintendent, and his record fails to show that fact, it does not deprive the trustee of his right to the office. Graham, etc. v. Jackson, etc., 112 Ky., 883. 63. ( 4415 Ky. St.) Attendance at Office. It shall be the duty of the County Superintendent to be in attendance at his office, at the county seat, on the second Saturday of e'ach month, and at such other times as may be necessary, to transact his official busi- ness. (See Sec. 58.) 64. ( 4416 Ky. St.) Penalty for Buying Teachers' Claim or Acting as Text-Book Agent. No County Superintendent shall be allowed to buy, for himself, or another, any teacher's claim, directly or indirectly, or to act as agent for the sale of any text-book. Any 26 KENTUCKY SCHOOL LAWS 1916. superintendent guilty of violating this section shall be fined not less than one hundred nor more than one thousand dollars for each offense. (See Sec. 124.) G5. ( 4417 Ky. St.) Teacher or Trustee After Notice May Be Suspended or Removed. For incompetency, neglect of duty, or im- moral conduct, or other disqualification, the County Superintendent may suspend or remove from office any trustee or teacher of any school under his supervision. But before a County Superintendent shall suspend any trustee or teacher he shall give said trustee or teacher at least five days' notice of the charges made against him, and give the trustee or teacher an opportunity to produce evidence, and defend any action against him. (See notes Sees. 189, 190.) DECISIONS OF THE COURT OP APPEALS. There can be no doubt that a teacher who habitually uses intoxicating- liquors to excess, or while in the discharge of his duty as a teacher, would not be a fit or competent person, under the Statute, to perform the duties imposed by law upon common school teachers, and it would be the duty of the County Superintendent to revoke the certificate of such person. Bowman v. Ray, etc., 118 Ky., 110. This section does not apply to graded school trustees or teachers and a County Superintendent can not appoint or remove them. Mathews, etc. v. Rogers, etc., 107 Ky., 236. Under sections 65, 74 and 185 a County Superintendent lias no right to revoke a teacher's certificate, because such teacher furnished assistance to an applicant for a certificate while he was being- examined for that purpose. Superintendent, etc. v. Taylor, 105 Ky., 387. OPINIONS OF THE ATTORNEY GENERAL. No appeal lies from the action of the County Superin- tendent revoking the certificate of a teacher for cheating-, by reporting- a day taug-ht when it was proven that he did not teach the day. If the teacher can obtain any relief he must go into the courts. The County Superintendent or any other officers or wit- nesses are not entitled to cost in a proceeding .to review the decision of a division board, in attempt to dismiss a teacher. 66. ( 4418 Ky. St.) Questions Concerning Schools in County Decided By Appeals. (1) The County Superintendent shall decide all questions of difference or doubt touching the administrative duties of the officers and teachers of common schools in his county; but appeals from his acts and decisions may be had, on petition of any interested person, to the Superintendent of Public Instruction. (2) The County Superintendent shall conform to such reasonable rules and requirements as the Superintendent of Public Instruction shall, from time to time, prescribe and announce to them. (See Sees. 38, 110 and notes.) 67. ( 4420 Ky. St.) Vacancy in Office How Filled County Court May Remove Appeal. (1) In case of the death, removal or resignation, refusal to serve or inability of the County Superintendent elected to give the bond required or to perform the duties of the office, a successor shall be appointed or elected as follows: If the COUNTY SUPERINTENDENT. 27 unexpired term will end at the next succeeding annu'al election, or, if the unexpired term will not end at the next succeeding annual election, and three months intervene before said annual election, the county judge of each county is authorized to appoint a successor, duly qualified according to section 46 of this act, to continue in office until the next succeeding annual election, when one shall be elected for the unexpired term. If the unexpired term does not end at the next succeeding annual election, and the three months do not inter- vene between the happening of said vacancy and the next succeeding annual election, the county judge shall appoint a successor of said qualification to continue in office until the second succeeding annual election, when one shall be elected for the unexpired term. (2) In case of a vacancy in this office the county judge shall, as soon as practicable, notify the Superintendent of Public Instruction, and request him to appoint a day and furnish questions for an exam- ination to fill said vacancy; and the said examination shall be con- ducted in a manner prescribed by law. (3) The county court may, at any regular term, after ten days' notice, remove a County Superintendent for inability or habitual neglect of duty or malfeasance in office. An appeal to the circuit court may be taken from the order of the county court removing the superintendent, and from the circuit court to the Court of Appeals, as in civil actions. 68. ( 4421 Ky. St.) Books and Effects to be Delivered to Suc- cessor Settlement Penalty. (1) Each County Superintendent, when he resigns, vacates, is removed or goes out of office, shall immediately thereafter deliver to his successor, or to the county court clerk for him, any money, property, books, effects or papers remaining in his hands as County Superintendent, and within ten days shall settle with the county court, and for failure to do so shall be fined not less than fifty dollars nor more than one hundred dollars. (2) It shall be the duty of the county clerk to forward a certified copy of said settlement to the Superintendent of Public Instruction. 69. (4099 Ky. St.) Superintendent of Schools and Clerk to Furnish Boundary to Company. (1) It shall be the duty of the County Superintendent of county schools in each county in which a railroad or bridge is operated to furnish, on or before the first day of July of each year, to such railroad or bridge company or companies the boundary of each graded or common school district through or into which any part of such railroad or bridge or other railroad or bridge property is situated; and the county clek of any county containing any other taxing district through or into which any railroad or bridge company is located shall make a similar report to such railroad or bridge company. (2) Any County Superintendent or county clerk failing to make report as herein required, or who shall make false report, shall be deemed guilty of misdemeanor, and upon conviction, shall be fined 28 KENTUCKY SCHOOL LAWS 1916. not less than fifty nor more than one hundred dollars for each offense. 70. ( 4100 Ky. St.) School Tax Paid to Superintendent. All taxes against any railroad or bridge company, which shall be levied in any common school district, shall be paid by said railroad or bridge company to the Superintendent of Common Schools of the county for the benefit of the district entitled thereto. 71. ( 4101 Ky. St.) White and Colored School Districts. The provisions of this Taw shall not be construed to apply to any colored school district; Provided, That the same rate of taxation assessed against the real estate of any railroad or bridge company or corpora- tion in any graded school district or common school sub-district, in any year, shall be assessed against all of the taxable property, in such district or subdistrict, and the railroad or bridge tax, when col- lected, shall be paid over to the County Superintendent of the county in which the district or subdistrict school house wherein the tax assessed shall be situated, and shall constitute and be held by the County Superintendent as a graded or common subdistrict school fund; and the said fund shall be apportioned and distributed by the County Superintendent between the white graded common school or white common school sub-district wherein said tax shall be collected and any colored common school district which shall be located over the same boundary; the distribution shall be in the same ratio that the whole number of white children of pupil age and the whole num- ber of colored children of pupil age residing in the district or sub- district shall bear to the whole number of children, white and colored, residing in the district wherein such tax shall be collected. DECISIONS OF THE COURT OF APPEALS. A colored common school, ungraded, is entitled under this section to its pro rata share of the railroad school tax, to be determined, as further provided in this section, by the number of colored pupils in that district as compared to the number of white pupils therein. A colored common school district, as used in this section, was intended and should be construed to mean, and include, 9, colored common school in the district, whether graded or ungraded. A graded school is a common school in the meaning- of the words, common school as defined in section 2. Trustees, etc. v. West, 163 Ky., 568. Taxes levied by white graded common school districts upon the property of a railroad must be apportioned between the white district and the colored school district, if their boundaries are the same. Thornton, etc. v. White, etc., 162 Ky., 796. Taxes not affect graded school. Commonwealth, etc. v. Fergruson, etc., 128 S. W., 95. 72. ( 4102 Ky. St.) Rate of Taxation Bridges Auditor to Notify Clerks. (1) The same rate of taxation for State purposes which is or may be in any year levied on other real estate, shall be and is hereby levied upon the value, so found by said board, of the railroad bridge, rolling stock, and real estate of each company; and the same COUNTY SUPERINTENDENT. 29 rate of taxation for the purposes of each city, town, part of a county or tax district, of any kind, in which any portion of any railroad or bridge is located, which is, or may be in any year levied on other real estate of said company therein, and of the number of miles on said road, therein, reckoned as of the value of the average of each mile of such railroad, with its rolling stock, as ascertained as aforesaid: Provided, That railroad bridges, spanning any river which constitutes the boundary or State line of the Commonwealth, shall be assessed as of the counties in which they are located, and local tax derived therefrom shall be applied to each city, town, county or tax district in which said bridges are or may be located. (2) And immediately after said board shall have completed its valuations each year, the Auditor of Public Accounts shall notify the clerk of each Bounty court of the amount so assessed for taxation in his county and each railroad or bridge company of the amount of the assessment for taxation for State purposes and for the purposes of such city, town, county, part of county and tax district. 30 KENTUCKY SCHOOL LAWS 1916. CHAPTER VII. COUNTY BOARD OF EXAMINERS. 73. ( 1422 Ky. St.) Appointment and Qualification Oath. (1) The County Superintendent shall appoint two strictly moral and well-educated persons, holding county certificates of the first class, State certificates, State diplomas or diplomas from some literary in- stitution of high learning, who, together with himself, shall constitute a board of examiners for the county. (2) No person shall be eligible as examiner on said county board who is at the time or for six months previous thereto has been con- ducting or teaching in any school, college or university where teach- ers or those preparing to teach are making preparations to be exam- ined for certificates to teach in the common schools of this State. (3) Before they shall be authorized to act in any capacity as such board, or grant any certificates, said examiners shall take and subscribe to an oath that they will faithfully discharge their duties as required by the common school law, and the said affidavit shall be filed in the office of the clerk of the county court. (See Sees. 61, 7.) DECISION OF THE COURT OF APPEALS. The County Superintendent has power to remove his associates from the county board without notice or the assign- ment of any reason. Johnson, etc. v. Ginn & Co., 105 Ky., 654. 74. ( 4425 Ky. St.) Certificate to Teachers Affidavit Pen- alty. All applications for teachers' county or State certificates, or State diplomas in the Commonwealth of Kentucky, immediately before entering upon examination shall subscribe to the following oath, which shall be presented to them by any of the board of examiners, viz.: "I do solemnly swear (or affirm) that I have not had access, directly or indirectly, to the State Board or other questions to be used in this examination, and that I have no personal knowledge of any unlawful usage of the aforesaid questions by any other person or persons, which knowledge I have not communicated to the grand jury, County Attor- ney or County Superintendent of Schools of the county in which the aforesaid person or persons did unlawfully use or attempt to use said questions." The Superintendent of Public Instruction shall furnish each County Superintendent in the Commonwealth with a sufficient num- ber of copies of the oath prescribed in this act, printed on sheets with blank space below for names and addresses of applicants. Each copy, after being subscribed to by applicants as provided in thi* act, shall he dated and signed officially by the Board of Examiners and COUNTY BOARD OF EXAMINERS. 31 preserved in the office of the Superintendent of Public Instruction or County Superintendent of Common Schools as a public record. Any Superintendent of Public Instruction or County Superin- tendent of Common Schools or Board of Examiners for teachers' county or State certificates or State diplomas failing to comply with the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not less than fifty dollars nor more than one hundred dollars for each offense. (See Sees. 61, 177 and notes Sec. 65.) DECISIONS OF THE COURT OF APPEALS. County Board of Examiners have no arbitrary power to refuse a certificate. Flynn v. Barnes, 156 Ky., 498. If a teacher makes a required grade he is entitled to a first class certificate, and the board, without special cause, has no right to withhold it from him. Northington v. Sub- lette, etc., 114 Ky., 72. 75. ( 4426 Ky. St.) Penalty for Improperly Granting Certifi- cate. (1) Any County Superintendent or County Examiner who shall knowingly grant to any immoral person, or to any person under the prescribed age, a certificate to teach in the common schools, or who shall permit any one to take an examination who is under the pre- scribed age prior to the date of examination, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars tor each offense. (2) If there should be any doubt as to the age of an applicant, the superintendent may require the applicant to take and subscribe to -an oath as to his age before entering the examination. (3) Any County Superintendent, County Examiner, printer, offi- cer of State or county, or any other person who shall sell, barter, give or furnish, or procure to be sold, bartered, given or furnished, to any applicant for a certificate, or to any other person, or any other person who- shall have in his possession unlawfully, or in any way not pro- vided by law, any question or questions prepared or sent out by the Superintendent of Public Instruction or the State Board of Examin- ers, for the examination of persons applying for such certificate or in any way dispose of such question or questions, except in the manner provided by law, shall be guilty of a felony and shall upon conviction be punished by confinement in the penitentiary not less than one year nor more than two years. (4) Any applicant for a State diploma, State certificate or county certificate who shall either give or receive any assistance in answer- ing any question during any examination for such certificate shall be guilty of a misdemeanor and upon conviction shall be punished by expulsion from examination. 32 KENTUCKY SCHOOL LAWS 1916. CHAPTER VIII. DISTRICTS. 76. ( 4426a-l Ky. St.) County to Compose School District Excepting. Each and every county in this Commonwealth shall com- pose one school district, excepting that where there is a city or town in any county which maintains a separate system of public schools, then the balance of said county outside of such city or town district shall constitute a school district. 77. ( 4426a-2* Ky. St.) Educational Divisions Graded Schools Number of Children in District. (1) Within thirty days after this act goes into effect the County Superintendent of Schools, the County Judge and the County Attorney in each county of the Commonwealth shall meet at the court house of their respective counties, upon the call of the County Superintendent of Schools, and shall divide each county school district, as provided in section one, into educational divisions containing as nearly as possible an equal number of chil- dren of school age, including both white and colored children, as shown by the last census of school children, and in each county the said officers may make, as may seem expedient, either four, six, or eight of such educational divisions, and in fixing the boundaries of said educational divisions, they shall be made to follow, as nearly as practicable, the boundaries of existing school districts for white children. (2) They shall have the power to change the boundaries of educa- tional divisions whenever such change becomes necessary. (3) The County Judge, County Superintendent of Schools and County Attorney shall then subdivide each of the said educational div- isions into school subdistricts, following as nearly as practicable the boundaries of existing school districts for white children: Provided, That any graded common school districts that may exist in any educa- tional division or that may hereafter be established according to law, whether operating under special charter or established by popular vote, as provided for in the laws relating to the graded common schools, and the school districts now operating within municipal dis- tricts established and corporated under special charter and supple- menting the State school fund by loc'al tax of not less than twenty cents on each one hundred dollars of assessed valuation of property, shall retain their present boundaries and be exempt from the pro- visions of this act. (4) The provisions of this act shall not apply to any graded school district created by special act and having a school fund other than provided by general law. SUBDISTRICTS. 33 (5) The boundaries of any such school sub-district as above fixed shall include all children, both white and colored, residing in said subdistrict, and said subdistrict shall not include, except in cases of emergency, fewer than fifty white children of school age, nor in any case fewer than twenty-five such children subject to approval of the State Board of Education. (See Sec. 142.) DECISION OP THE COURT OP APPEALS A colored common school may embrace the white graded school district within its territory and the County Board of Education has complete control and jurisdiction over such ter- ritory for colored school purposes. Grady v. Larue County, etc., 149 Ky., 49. 78. ( 4426a-10 Ky. St.) School Districts May Be Made. The County Board of Education shall have full power, when necessary, to lay off or establish new school sub-districts, or to change the bound- aries of those already established. (See notes Sec. 51.) 79. ( 442Ga-18 Ky. St.) Sub-districts Concerning Districts Parts of Two Counties. (1) With the concurrence of th'e county boards the County Superintendents of two or more adjoining counties, where the division line intersects a neighborhood whose convenience requires it, may lay off a sub-district composed of parts of these counties. (2) The selection and payment of teachers and control of such sub-districts shall be lodged in the county board of the county in which the school building is located, but the county board of the other con- tracting county or counties, shall pay such proportion of the total ex- pense of conducting said school as may be mutually satisfactory and stated in a written contract, which contract shall also state definitely the boundaries of such fractional sub-district. Said contract shall be spread upon the minutes of each board and duplicate copies signed by the president and secretary of each board shall be filed in the office of the county clerk of each of the contracting counties. (3) In the sub-districts thus constituted, one trustee who may reside in either fraction shall be elected from the sub-district at large, but said trustee shall be deemed a resident of the educational division of the controlling county as hereinbefore provided. (4) The duties of the trustees of such fractional sub-districts shall be the same as those of other sub-district trustees, save that in making a census of the children of school age residing in the sub-district, he shall list the children of the two or more counties separately and make returns separately to each County Superintendent of the children residing in the respective counties. 80. ( 4426a-17* Ky. St.) Consolidation of Sub-districts. The County Board of Education of any county shall have power to con- solidate, with reference to the needs of either white or colored chil- dren, any two or more contiguous school subdistricts, and in case S. L. 2 34 KENTUCKY SCHOOL LAWS 1916. of such consolidation school houses shall be built or acquired, located at some point convenient to the patrons of such consolidated school sub-district, and of sufficient capacity to accommodate the pupil popula- tion of each consolidated school sub-district, and such schools shall be called and known as consolidated schools. (See notes Sec. 84.) Shanklin, etc. v. Boyd, etc., 146 Ky., 460. OPINION OF THE ATTORNEY GENERAL. It would be the duty of the County Board of Education to select some point nearest the center of the district which would be the most convenient to the pupils of all of the con- solidated districts. 81. ( 4426a-17* Ky. St.) One Trustee for Consolidated School. Such consolidated school shall have one trustee who shall be elected at the same time and in the same manner, and whose duties and powers shall be the same as sub-district trustees. 82. ( 4426a-17* Ky. St.) Teacher Elected How. Teachers for such consolidated schools shall be employed in the same manner as teachers for school sub-districts. 83. ( 4426a-17* Ky. St.) Trustee or County Board Member Not to be Financially Interested. No trustee nor member of the County Board of Education nor County Superintendent shall be finan- cially interested, directly or indirectly, in any contract for the purchase of land, the erection or repairs of any school house, the furnishing of supplies of equipment, or the employment of any teacher, and any of said officers so offending shall be guilty of an indictable misdemeanor and on conviction shall be fined not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, and shall forfeit his office. 84. ( 4399-8* Ky. St.) Consolidation and Transportation Power to Vote Taxes. The County Board of Education shall have power to lay off a boundary including a number of sub-districts and submit to the voters in that boundary the proposition of a tax suffi- cient to provide for the consolidation of the schools within that boundary and the transportation of pupils to and from said consolidated school. Said proposition for taxation may be submitted to the voters at the regular election for school trustees, or at any other time de- cided upon by the County Board of Education, provided that not less than thirty days' notice be given of said election. When such a tax is voted in such consolidated district for loc'al school purposes, it shall remain and be collected annually in accordance with the provisions of law until repealed by a vote of the people at an election called and conducted in the same manner in which the tax was voted. (See notes Sec. 129, Graded Schools Sec. 145.) SUBDISTRICTS. 35 DECISIONS OF THE COURT OF APPEALS. Sections 157 and 158 Constitution, as to the amount of property and poll tax that may be levied, have no application to the property or poll tax voted for school purposes under authority of valid election. Nor is there any limit on the number of elections that may be held to increase the tax to such a sum as will be suffi- cient to accomplish the purpose of the legislature. By a vote of the people the tax may be reduced or abol- ished. Christopher v. Robertson, et al., 164 Ky., 262. A petition assailing- a school election should point out specifically the grounds upon which it is attacked. When there has been a full, free and fair school election and the voters understand the question to be voted on and have ample notice of the time and place when and where the election is to be held, there seems little reason for disturbing the election on mere technical grounds. Travelstead v. Ray, Sheriff, etc., 169 Ky., 706. OPINION OF THE ATTORNEY GENERAL. There is no power given to the County Board to change the boundary of a consolidated district until such a time as the people by their votes declare that the tax shall be at an end. 85. ( 4399-8* Ky. St.) Local Expenses Meaning. In the notices of an election for the purpose of voting a tax to provide for the consolidation of schools, the term "local expense" shall include the transportation of students to and from the said consolidated school; and where sub-districts have already been consolidated according to law and tax has already been voted in said consolidated districts for local expenses, the term "local expenses" shall be construed to include the transportation of children in such cases. 86. ( 4399-8* Ky. St.) Transportation Further Provided For. In districts consolidated under existing laws the County Board of Edu- cation shall have power to provide for transportation by local taxa- tion or out of county funds, or otherwise when, in its judgment, such consolidation is more economical than the creation of an emergency school, or when an emergency arises in a subdistrict making it impos- sible for a school to be taught in that district. 87. ( 4427 Ky. St.) Boundaries to Remain as at Present Change In. (1) The school districts of the several counties, as at present described and numbered, shall be retained until altered or abolished pursuant to this chapter; but no two districts in the same county shall be known by the same name or number. (2) No change in the boundary of any district shall be made to take effect during the current or the following school year, unless made previous to taking the census for such school year. Nor shall the boundary of any district be changed unless ten days' notice in writing shall be first given to the trustees of other districts to be affected thereby. 88. ( 4429 Ky. St.) Record of Boundary and District to be Kept by Superintendent. The County Superintendent shall, in a book to be kept in his office for that purpose, and subject to public inspec- 36 KENTUCKY SCHOOL LAWS 1916. tion, describe each district in his county by its number and boundary, and shall furnish to the trustee of each sub-district a description of the boundaries thereof. (See Sec. 51.) 89. ( 4431* Ky. St.) Children May Attend School in Adjoining Districts Exception. (1) When two school sub-districts adjoin, it shall be lawful for the children of either of such adjoining sub- districts to be taught in and at such schoolhouses as may be most con- venient to them. Provided, the transfer does not interfere with the contract between the teacher and the Division Board of Education and that no such change shall be made without the assent of the trustees of both said sub-districts in writing and of the parents of the children transferred. (2) In case of an agreement of the kind provided for in this sec- tion, the trustee of the sub-district in which the children were reported shall, before the close of the first month of the school term, notify the County Superintendent in writing, or the said transfer shall be void; Provided, further, that when the district to which the transfer is made is in a different county, the County Superintendent of the county from which the transfer is made shall pay to the County Superintendent of the county in which the children are taught the money due for teaching them, taking his receipt in duplicate. 90. ( 4432 Ky. St.) City, Town or Village When Deemed Dis- trict Duty of Trustees Penalty. (1) When a city, town or village establishes and maintains a system of common schools adequate to the teaching of all children therein, and which all applying for instruction are permitted to attend free of charge, the same shall be deemed one district, and entitled to its proportion of the school fund. (2) At the termination of each school year the trustees or other officers deputed for that purpose, of each school district, and of each separate school of such city, town or village, shall report to the County Superintendent the facts required of sub-district trustees in section 122 of this act. They shall take the census of such city, town or village by wards or school districts, and make a return to the County Superintendent, to be filed in his office, at the same time and in the same manner as that required of sub-district trustees. They shall file a duplicate of said census with the county clerk, to be retained by him in his office. (3) For any failure, neglect or violation of their duties, as set forth in this section, the trustees or other officers of such city, town or district shall be subject to the same penalties as imposed on sub- district trustees. 91. ( 4433 Ky. St.) Laws Relating to City or Town for Benefit of School or College. This law is not to affect, modify or repeal any local or special law heretofore passed which established any city or town in one district, except as provided in sections 165 and 1G6 of this act; but the same shall be governed in all respects by the local law and authorities, and it shall in no wise affect the charter SUBDISTRICTS. 37 and amendments thereto of any city or town in the Commonwealth, so far as said charter and amendments relate to the public schools of said cities and towns; nor shall this law affect, modify or repeal any local or special laws now in force for the benefit of any school, high school; seminary, college or other institution of learning in this State, except as to teachers, as provided in section 77 of this act. DECISION OP THE COURT OP APPEALS. Schools Established by Special Act. No teacher of com- mon school pupils in any school, high school, seminary, col- lege, or any other institution of learning in this State, operat- ing under a special law, is entitled to any part of the common school fund, unless he holds a certificate as prescribed by common school law, where a city or town is not organized as a single district and reporting direct to Superintendent Pub- lic Instruction, as provided in section 55. We conclu.de that the provisions of the charter of the district giving its board of trustees the right to examine teachers was necessarily re- pealed by section 135. Harrodsburg, Etc. v. Adams, Etc., 152 Ky., 735. 38 KENTUCKY SCHOOL LAWS 1916. CHAPTER IX. DISTRICT TRUSTEES. 92. ( 4426a-3 Ky. St.) Trustees Election of. (1) On the first Saturday in October after the passage of this act, an election shall be held at the school building in each school sub-district in this Commonwealth from the hours of one until five o'clock in the after- noon for the purpose of electing one trustee for each school sub- district as fixed by section two of this act. The trustees then elected shall hold their offices one-half for one year and one-half for two years, as shall be determined by lot at the first meeting of the division board as provided for in section four of this act. (2) Each year thereafter there shall be elected for two years one trustee in each sub-district in which the term of his predecessor in office will then expire. (3) Said trustees shall serve until their successors are duly elected or appointed and qualified as herein provided. (4) Any person shall be eligible to this office of school trustee who is over twenty-one years of age, and who has been a resident of the sub-district for which he is elected for sixty days before the election, and who is able to read and write, as shown by a certifi- cate of five reputable citizens of the sub-district, and all qualified electors who shall have resided in a school sub-district for sixty days next before an election, shall have the right to vote at such elections. (5) All elections for school trustees shall be viva voce vote. (6) The officers of the election shall be two judges and a clerk, who shall be residents of the sub-district and legal voters and shall be chosen by the voters at the opening of the polls. The said officers shall be the judges of the qualifications of each voter as prescribed in this act and shall certify the returns of the election to the County Superintendent of Schools within five days after said election. (See Sees. 61, 62, 110; 92 notes colored, 107, 108 and notes.) DECISIONS OP THE COURT OP APPEALS. A voter in a school election shall have resided in the dis- trict sixty days, in the county six months and in the State one year previous to the election. Voting viva voce is legal in all school elections. Penny v. McRoberts, 163 Ky. 313. "Reside" is equivalent to "legal domicile." In law, every person has a domicile. In some instances, it may be different from his actual abode. Until he has changed it (which is a combination of act and intention), it continues to be his domicile in law. When one has made an actual domicile, and departs from it temporarily intending to re- turn, it will remain his legal domicile for all purposes. Elam v. Maggard, 165 Ky., 733. (See notes Sec. 136.) Contested election cases should be speedily disposed of. SUBDISTRICT TRUSTEES. 39 It was error to permit the answer of defendant to be filed more than twenty days after the petition was filed. Allen v. Brown, 144 Ky., 414. A school trustee duly elected or appointed and qualified was continued in office until his successor is elected even If time of electing- trustees is changed from June to October. Swangro, Etc. v. Rose, Etc., 105 Ky., 294. In determining- whether a person is or is not a resident of a school district within the meaning- of such a rule, the usual and ordinary indicia of residence or the absence thereof should be the proper guide, and not the secret mental resolve or concealed intentions of persons living-, or having- lived, in the district. Such rule, however, does not usually require that there shall be a legal domicile, but it is sufficient that the child and his parent, or the person in control of him, are actually resident in the district, with apparently no present purpose of removal. It has been held that children sent into the district by their father to reside with an aunt under indenture of ap- prenticeship which were made only for the purpose of send- ing- the children to school, were not entitled to free tuition. Board, etc. v. Powell, 145 Ky. 93. A majority of the officers comprising- a school election board may issue the certificate required to be issued by such board of officers. A contested election for office of subdistrict trustee should be instituted within ten days after the election. Car- penter v. Hale, 159 Ky., 465. OPINION OF THE ATTORNEY GENERAL. The offices of subdistrict trustee and an officer of the primary election are not incompatible. The office of United States storekeeper or g-auger is in- compatible with the office of school trustee. 93. ( 4426a-3 Ky. St.) Organization of the Board County Superintendent Vacancy. The County Superintendent of Schools shall meet the trustees so elected from the various school sub-districts of each educational division at his office on the first Saturday in March following the date of their election, proper notice having been given in writing to each trustee as to the time and place of such meeting for the purpose of organizing the trustees so elected into a division board of school trustees, by choosing one of said trustees to be chairman and one to be secretary of said division board. The County Superintendent of Schools shall be a member of such division board of his county, but shall only vote upon any matter in case of a tie vote, and then he shall cast the deciding vote. Any vacancy that may exist in the trusteeship of any school sub- district shall be filled by appointment by the County Board of Educa- tion and to them petition may be made by voters of the subdistrict. Should the office of chairman of a division board become vacant the County Superintendent, as soon as the election has been held to elect a sub-district trustee as above provided, shall call a meeting of said division board and shall then proceed to elect another chair- man and until a chairman is so elected, such division board may choose one of its members as a temporary chairman. (See notes Sec. 107.) 40 KENTUCKY SCHOOL LAWS 1916. DECISIONS OP THE COURT OP APPEALS. A vacancy in subdistrict trustee must be filled by ap- pointment by county board of education. The acts of a school trustee recognized by the County Superintendent pending a controversy over the office are vafi Where no valid election for school trustee is held, a va- cancy occurs, which may be filled by the County Board of Education. Ison v. Watson, 169 Ky., 150. A tie vote in a trustee election results in a vacancy, which must be filled by appointment by the County Board of Education. Combs v. Brewer, 169 Ky. 571. 94. ( 4426a-5 Ky. St.) Duties of Trustees Census Fees For. (1) It shall be the duty of the trustee in each school sub-district, to personally supervise the school or schools in his sub-district, and to report the needs thereof to the division board of his educational division at its regular meeting, together with -such recommendations as he may deem necessary for the best interest of said school or schools. All such reports and recommendations shall be in writing. (2) The division board shall refer such reports to the county board with its recommendations on same. (3) The trustee of each school sub-district shall, in the month of April biennially, make and return to the County Superintendent a complete census of the children of school age residing in his district, and for the performance of all his duties he shall be allowed and paid the sum of five cents per pupil child reported in such census. (4) He shall make a complete census of illiterate children of school age, with the names of their parents or guardians with their post office address; also the names of all children of school age who have completed the common school course, together with their ages. He shall make a census of the names of the children who are attend- ing school outside of the district in which they reside. This census and these reports must be made by the subdistrict trustee at the time now provided by law for taking the school census. (5) The County Superintendent of Schools in each county shall make a complete report of said census to the State Superintendent of Public Instruction, whose duty it shall be to have printed biennially and distributed a report of same, giving the number of children in each school district and stating the number who are illiterate and, in addition, the number who have completed the common school course, together with the number who are attending school outside of the district in which they reside. (Sign teachers' report Sec. 55, 8, 51, See Sec. 121.) OPINION OF THE ATTORNEY GENERAL. <'liihlren in any charitable, fraternal or orphan's home not sent to public schools, but taught privately within the institution in whose charge they are placed, should not be taken by the census enumerator, but the children who are sent to the public schools should be included in the census. SUBDISTRICT TRUSTEES. 41 An idiot is not capable of receiving- instruction, and if a person is so feeble-minded that he can not receive instruc- tion and that it is unnecessary to send him to school, he is in the same class as an idiot. Deaf and dumb children also fall in the same class. Neither should be included in the school census. 94a. (1) For the years in which no census is required to be taken, under this act the Superintendent of Public Instruction shall determine the amount of per capita to be paid over to the County Board of Education in every county by adding annually to the number of children of school age as shown by the next preceding census actually taken, such increase or addition as he may ascertain to be the annual increase of children of school age in the county upon averaging the yearly increase shown by the three actual enumera- tions next preceding; Provided, however, that the County Board of Education of any county or Superintendent of Public Instruction may elect to take an actual census in any such years, in which case the return of such census shall govern. (2) The Superintendent of Public Instruction shall, in his bien- nial report give a statement of the estimated census for any year included in said report, wherein distribution of per capita may have been made upon estimated census, as provided herein, in such man- ner as to show clearly the actual enumeration upon which such estimates may have been based and in the manner in which the estimated census has been completed. 95. ( 4426a-6 Ky. St.) Teachers Employment of. (1) It shall be the duty of the sub-district trustee to nominate and recom- mend in writing to the division board one or more teachers for each school in his sub-district, and with said nomination and recommenda- tion he shall convey the teacher's credentials and any objections, remonstrances or petitions that may be offered, in writing, to the election of said teacher or teachers, and the board shall elect for each sub-district a teacher or teachers nominated by the trustee thereof, when such teacher possesses the necessary qualifications and no reasonable objection is offered. (2) Should the division board reject any nomination or should any trustee fail to nominate for his sub-district, the chairman of the division board shall immediately notify such sub-district trustee and request further nominations. (3) The division board in each educational division shall meet for the consideration of applications atid the election of teachers on the first Saturday in June and July in each year, and any vacancy existing for any cause in any sub-district thereafter shall be filled by the County Board of Education upon the recommendation of the trustee of such sub-district. Said division board may meet at such other times as the chairman may designate. (4) Qualifications of teachers shall be determined as provided by law. Teachers shall be elected for one school year, but may be 42 KENTUCKY SCHOOL LAWS 1916. removed by the division board of the educational division in which they are employed, at any time, subject to the approval of the County Superintendent, for incompetency, neglect of duty or immoral con- duct. (5) Contracts for the service of all teachers shall be in writing, signed in duplicate by the teacher and by the chairman and secretary of the division board of the division in which the teacher is employed. Upon organization of said board, one of the members shall be chosen as secretary, who shall keep a correct record of all proceedings, which shall be a public record. (See Sec. 189; notes Sec. 119.) DECISIONS OF THE COURT OP APPEALS. If a trustee has information concerning- a nominated teacher which would unfit him for the position to which he has been nominated, it would be his duty to state his objec- tions and reasons therefor and vote to reject the nomina- tion. Maynard v. Maynard, etc., 152 Ky., 623. The power to select teachers is vested in the subdistrict trustees if the teachers are qualified, and no reasonable ob- jection should be offered to their election. Preece v. Faulk- ner, etc., 150 Ky. 500. In case the subdistrict trustee fails to nominate a teacher for his subdistrict (or his nomination is rejected), it becomes the duty of the chairman of the division board to imme- diately notify such subdistrict trustee. The division board has the power to employ and con- tract with a teacher at an adjourned meeting. A majority of a quorum of the members of a division board may elect a teacher. Educational Division Board, etc. v. Butler. 155 Ky. 164; Davis, etc. v. Harrison, etc., 140 Ky., 620. Section 95 does not repeal section 119. The power con- ferred by that section may MOW be exercised by division board. The fact that a teacher holds a certificate to teach from the persons authorized to issue certificates is presumptive evidence that she possessed all the qualifications necessary to teach. If a contract with a teacher is not in due form, it is the duty of the chairman of the division board to prepare one that would be acceptable under the law. Meetings of the board at which teachers are elected must be held at the time specified in the statute or at such times as the chairman of the division board may designate, and that a majority of the members of the board must be present in person. In case of a tie, the County Superintendent, may untie and elect a teacher, if present; if not, he can in writ- ing make his decision afterwards. Davis, etc. v. Harrison, etc., 140 Ky., 520. A contract with a teacher should state specifically the compensation he is to receive. Mingo v. Trustees, etc., 113 Ky. 475. The power to select teachers is vested in the subdistrict trustees, subject to the limitation that the teacher recom- mended by them shall possess the necessary qualifications, and no reasonable objection shall be offered to their election, and where neither of these conditions exist, it is the plain and manifest duty of the members of the division board to elect the teacher nominated by the subdistrict trustee. Camp- bell, etc. v. Owens, etc., 150 Ky., 686. OPINION OP THE ATTORNEY GENERA!.. The division board in which a graded (white) school dis- trict is located has the power to elect a teacher for a colored school district until after the first Saturday in July. If a vacancy should exist after that date, it might be filled by the County Board of Education. If the division board fails to meet or there is not a quorum present on the first Saturday in June, it is within the COUNTY BOARD OF EDUCATION. 43 power of the board to adjourn over to some other day, when it may proceed with the election of teachers. There may be a called meeting- of the division board at any time up to the first Saturday in July, at which teachers may be elected in the event the board was unable to gret a quorum present on the first Saturday in June. The County Board can not elect a teacher, unless there is a vacancy after the first Saturday in July; until that date, the division board has full control of the election of teachers. 96. ( 4426a-7 Ky. St.) County Board of Education Who Shall Compose. The chairman of the several educational division boards in each county, together with the County Superintendent of Schools, who shall be chairman ex-officio, shall constitute the County Board of Education. DECISION OF TEE COURT OF APPEALS. The exclusive management of the public schools of a county is with the County Board of Education. Spradlin v. Floyd Co., etc., 162 Ky., 677. 97. ( 4426a-ll Ky. St.) School Buildings and Repairs. (1) The County Board of Education shall have the power to purchase, lease or rent school sites, to build, to repair and to rent school houses, purchase maps, globes, charts, school furniture or other apparatus necessary to the efficient conduct of the schools of the county, and said County Board is hereby vested with the title, care and custody, of all school houses, sites, or other property belonging to the dis- tricts of their several counties, and when, in the opinion of the board, any site for school house has become unnecessary, they may sell and convey the same in the name of the County Board of Education. (2) It shall have the power to receive any gift, grant or donation for the use of the schools within their respective counties, and all conveyances of real estate which shall be made to said County Board of Education shall vest the property in said board and their successors in office for the use and benefit of the schools of the county. (3) It shall have the power to condemn any real estate necessary for school purposes in any district and may proceed to do so in the manner provided for by law for the condemnation of lands for railroad purposes. (See Sec. 111.) DECISIONS OF THE COURT OF APPEALS. Voluntary payment of rent of school house. Supplies furnished by teacher can not be recovered from school board. Noble, etc. v. Williams, etc., 150 Ky. 439. The authority to select the site for school house rests solely with the County Board of Education; its actions in that respect will not be disturbed by the courts unless it is made to appear that the board has, in the selection of the site, abused a sound discretion. The County Superintendent being- now a member of the Board of Education, the right of appeal to him has been withdrawn. Vincent, etc. v. Edmonson, etc., 169 Ky., 34. 98. ( 4426a-lla Ky. St.) Payment of Old Debts. The various County Boards of Education In this Commonwealth shall assume the 44 KENTUCKY SCHOOL LAWS 1916. payment of any legal indebtedness contracted by the old boards of trustees under the old law, and prior to the taking effect of the act of 1908, by compromise, partial payment, or otherwise, as is deemed expedient and proper by said Board of Education. Said pay- ments to be made out of the general school fund of the county. This law shall also apply to common school sub-districts that have become graded common school districts since 1908. DECISION OF THE COURT OF APPEALS. A school district is "a taxing" district or other municipal- ity" within the meaning: of section 157 Constitution. This section only authorizes County Boards of Educa- tion to assume only legal indebtedness, according- to section 157 Constitution. Scobee, etc. v. County Board, etc., 157 Ky., 510. 99. ( 4426a-12 Ky. St.) Board of Education a Corporation. The County Board of Education and their successors shall be a body politic and corporate, with perpetual succession and as such may sue and be sued. 100. County Superintendent to Keep Record. The County Su- perintendent shall keep an exact account of all receipts and disburse- ments and shall report the same in detail to the county board as often as they may require and annually to the fiscal court of the county on the date specified by that court for receiving said report. The books and records of the county board shall be open for inspection of any citizen of the county. (See Sec. 129.) 101. Meeting of Board of Education. (1) The County Board of Education shall meet at a place designated by the County Superin- tendent for the transaction of such business as shall properly come before it under this law, on the first Saturday in September, following the enactment of this law, and shall meet at the call of the County Superintendent, who is chairman of the county board, at such other times as he may direct. (2) The County Superintendent shall call the county board upon the written request of three members. (3) Each member of the county board shall receive three dollars for each day's service, but no member shall be paid for more than twelve days' service in any one year, whether in actual attendance upon the meetings of the county board or in inspecting the schools and school property of his division in company with the County Superintendent. 102. (4426a-lG Ky. St.) Division Chairman to Report. It shall be the duty of each division chairman or member of the County Board of Education to report in writing the exact status of the educational affairs of his educational division of the county board for consideration at least twice each year, and at such other times as the chairman of the county board may require. 8 103. Supervisors of Rural Schools Appointment Duties. SUPERVISORS. 45 (1) The County Board of Education shall have power to provide whenever it deems wise, for the employment of supervisors for the rural schools under the supervision of the County Superintendent. (2) It shall be the duty of the said supervisors to assist in super- vising the rural schools, to act as substitute teachers under the direc- tion of the County Superintendent and to act as truant officer in ac- cordance with the laws governing the attendance of pupils in the rural schools and with such other rules and regulations as may be made according to law by the County Board of Education. The County Board of Education shall have power to pay the necessary expenses of the County Superintendent and the said super- visors of rural schools while in the discharge of official duties. (See Sec. 50.) DECISION OP THE COURT OP APPEALS. The County Board of Education is vested with powers, in the exercise of a reasonable discretion, to allow and pay the actu- 1 expenses of the County Superintendents necessarily incurred in the proper discharge of his official duties, and within the same limitations, it is authorized and empowered to order and pay such expenses which the board may deter- mine, in the exercise of a reasonable discretion, to be neces- sary "in making- an efficient system of schools in the county." The officers provided by the school law are but agents whose duties are to, as economically as possible, carry out the purpose of the law in the administration of the school fund. No expenses should be allowed to the Superintendent per- sonally which are alleged to have been incurred by him in the discharge of his official duties, except those actually and necessarily incurred for that purpose; and they should be limited to expenses incurred in the county, and only while the superintendent is actually at work in the discharge of 'his official duties. The board of education in the expenditure of the school fund should not delegate this power, either directly or indi- rectly, to another, not even the superintendent. In the matter of incurring- and allowing expenses, the discretion of the members of the board should be consulted. This can only be done by the board authorizing the particular item of expense after its propriety shall have been determined and the amount fixed by the board before the expense has been incurred, and it should state the purpose for which the expense is to be incurred and the person to whom it is to be paid. Expenses of the County Superintendent in attending the session of the Kentucky Educational Association and member- ship fees in such association for trustees of the county can not be paid by County Board of Education. The Board of Education can relieve the superintendent as occasion demands by furnishing to him clerical assistance; but when necessary, it is the duty of the board to employ such assistance to the superintendent, and to agree before hand upon his compensation, and his duties should be clerical only. Katie B. Beauchamp, etc. v. Albert Snider, etc.. 170 Ky., 220. OPINION OF THE ATTORNEY GENERAL. The County Board of Education may provide that the Supervisor shall be employed by the board, or it may author- ize the County Superintendent to employ one or more Super- visors. The county court may by order entered on its records provide for the length of time such Supervisors may be em- ployed or serve, not to exceed, however, the term of four A person can not be a member of the Board of Education and at the same time hold the position of Supervisor of Schools. County Board of Education has no right to employ the County School Superintendent as Supervisor of Rural Schools, 46 KENTUCKY SCHOOL LAWS 1916. 104. State School Funds Distribution of by County Board of Education. (1) The County Board of Education shall have power to distribute the State fund, received from the State Treasurer and as is now provided by law, for the payment of teachers' salaries; provided that no salary paid to any teacher in any sub-district in the county shall be more than seventy dollars per month, except to high school teachers. (2) The County Board of Education shall prepare a salary sched- ule and submit the same to the State Board of Education for approval. (See Sec. 9.) 105. Method of Fixing Salaries. All salaries of sub-district teachers shall be based on, and regulated by the qualification of the teacher and the number of children actually in attendance in propor- tion to the number enrolled in the school census for the district, grad- uated in accordance with, and in conformity to, such rules and regula- tions governing same as shall be hereafter prescribed by the State Board of Education. OPINION OF THE ATTORNEY GENERAL Children who attend some school, other than that taught by the teacher having- the contract to teach in the subdistrict, should not be included in the attendance upon which salary is based. 106. Salary Schedule Must be Reported. The salary schedules of the counties of the State shall be reported to, and, if according to law, approved by the State Board of Education; and all rules and regulations governing the same promulgated by the State Board of Education shall conform to law; and the purpose of the same shall be to increase the efficiency of the common school system. 107. Colored Visitors Election. (1) At the same time and place and by the election officers who conduct the election for sub- district trustees, an election shall be held for the purpose of electing a visitor for the colored school or schools of the sub-district. Such a visitor shall be nominated and elected in the same manner as the sub-district trustee, save that the nominating petition shall be signed by colored voters, and that colored voters alone shall be eligible to vote for such visitor. (2) So far as the colored school or schools of the sub-district are concerned, the duties of the visitor shall be identical with those of the sub-district trustees, save that such visitor shall not be a member of the division board. OPINION OP THE ATTORNEY GENERAL. The failure to elect a subdistrict colored visitor, at once created a vacancy in such office, and a successor may be ap- pointed by the division board of the educational division of which the aubdistrict is a part. SUBDISTRICT TRUSTEES. 47 108. ( 4434* Ky. St.) Election of Trustees in Districts Where There is No School House. If no school house be in the district, the election of school trustee shall be held at such convenient place as the trustee may select. Notice of the election of trustee shall be posted by the sub-district trustee at three of the most public places in the district for ten days immediately preceding the day of the election. In case of a tie, in which the officers of the election have voted, the said officers shall certify the same to the County Superintendent within five days after said election, and the County Board of Educa- tion shall fill the vacancy in the manner prescribed by law. 109. ( 4435 Ky. St.) Penalty Imposed on Officer of Election for Fraud. Any person who may be chosen to preside over the elec- tion of a school trustee in any school district in this Commonwealth, who shall knowingly, and with intent to commit a fraud, receive and count any illegal vote or issue a certificate of election to any person not entitled thereto, or shall refuse to issue such a certificate to anyone duly elected, or shall fail for five days after the election to report the name of the person elected, or who shall, with fraudulent intent, deface, mutilate or destroy the records of any such election, shall be fined not less than fifty nor more than two hundred dollars for every such offense, and it shall be the duty of the County Super- intendent to report such offenses to the grand jury. 110. ( 4436* Ky. St.) Vacancy in Case of Controverted Right. In case of controverted right to the office of trustee, the County Superintendent is empowered to recognize a trustee among the con- testants until the dispute has been settled. (See Sec. 66.) DECISION OF THE COURT OF APPEALS. Right of County Superintendent to recognize trustee. No appeal lies from order recognizing trustee to the Superintend- ent of Public Instruction. Patrick, etc. v. Fletcher, etc., 149 Ky. 193. 111. ( 4437* Ky. St.) Titles to Land. (1) In the acquisition of land as a site for a school house, the title thereof shall be made in fee simple to the County Board of Education and the titles to the land now used for sites for school houses shall, at the earliest possible time, be perfected by the County Board of Education. (2) Any reversionary interest in any land now used as a site for a school house shall not deprive the county boards of the school house or other improvements thereon. (See Sec. 97.) DECISIONS OF THE COURT OF APPEALS. School Districts Conflicted Boundary Right to Railroad Tax Contemporaneous Construction Errors Corrected. Trus- tees, etc. v. Board, etc., 141 Ky. 126. Land Conveyed for School Purposes Rights Acquired. Evans v. Cropp, etc., 141 Ky., 514. Under section 111 the trustees (now County Board of Edu- cation) shall take fee simple title and they can be restrained iTl'i-M * r :v .-,,. '., v,, i- ;.:.y.V;Y :,< .';.';;:/ ^ ; -- v 1'>. v .,, , ,,.,, t * ^ . . , . Xi . . . . V .,.....(,, 7 . ,t , . .. ( .,, 4 . Xl/ 4li.LC' 4j LUUxU.' dxt 4lllA' AUlilXlAJll Miil^ JL or rflW WWVW BV Wl^y mrnrnrr / Tfir 7r diuu? FWI^^r rrff^ *rnrW*- OT rfTF^ J^^^W^BrF \&wTwfj ^Jrf>Tr ...... .iv. .... , * / , ..... * ,.- .- ' ' ^ .,- i . > .'- . 'A % - ' ' .. . .' i V f '* . , , ... . . j thmt fe* to****** t NV**T *t ftfcy fe*4 *Mtt fttftttfe - , AWil top** h*v* IW rtfcfct ^ .' ^AM i.^^r,\i ->, r; ; -,> . ,;-.,^ , \, . , ,- ,- ( > .;, -, , V . - HWl ^MMVK t v < , ,, ,\\ to& *h*N >' ' -.M^W* >( ' > ^y^ ^mi ^* w\\\ ^wsswvs^v A\\<\ \\\A* - -- - .Nn,M^mi. \\\\\\\\ rtNi in% VuBAM WWWdfk \ \<\\\ nh^' ^ *H\ \\\\\\\\ \\wto ;*\\*\H\t -A v,MN\^,' , AH*\ \^\**\\\\H\ \\\\\\\C~ \\\ *\\\. \\\ VS\ | V KMMPIW^ *< ^*^ ":U,< Umtl^l \ftlM ^iU A^a \\u-\ uittlfat ^Mb \\*\ :\ \\\\ \\\S \ ^\\\ ' , , hAU - '>* *hMN- tH^W i^ - - Im4 ^> *-^ ^wto %t jut? Hyi v, 50 KENTUCKY SCHOOL LAWS 1916. State or district which has not defaulted its interest within twenty years, or in loans secured by first mortgage on real estate worth at least double the amount so loaned (but no such loan shall ever be for more than said property was assessed for taxes the preceding year), or in the purchase of substantially improved income-bearing real estate, taking the title in the name of said board as such trustee. But no loans shall ever be made to, or real estate purchased from or sold to any member, officer or employe of the board, or to one who has been a member, officer or employe within one year. (4) Said board shall make an itemized statement under oath of all receipts, disbursements, assets and investments of each and all such funds separately in January of each year and file same in the county court, and shall publish a notice that it has done so, at least once a week for two weeks, in a paper of general circulation in the district, if there be such a paper, and in addition shall post a copy of such notice on the door of the school house, if it be a rural school district, or at the door of the city hall or court house, if it be a city district. At the next regular county court after the two full weeks, the report shall stand for exception or confirmation as any other fidu- ciary report to said court. (5) Any member of said board who shall vote for, and any officer of said board who shall certify to or draw a check for an ap- propriation in violation of this act shall thereby be and become liable for the restoration of the amount of such wrongful appropriation, such liability to be enforced in an action brought by the board or by any citizen of the district or by the Superintendent of Public Instruc- tion of the State, and in addition thereto shall be guilty of malfeas- ance in office and upon conviction shall forfeit his office and may, for each offense, be fined not less than $50.00 nor more than $1,000.00, or imprisoned from one year to five years, or both so fined and im- prisoned in the discretion of the court one-half of said fine to b- paid over by the collecting officers to said board. (See Sec. 148 Graded Schools.) 114. ( 4439a* Ky. St.) Seminary 'Property May be Acquired by County Board of Education. The trustees holding the legal title to the property of any county seminary, under laws enacted and in force prior to the 18th day of December, 1865, by a majority of their board, the county court consenting thereto by order of the county judge, entered of record in the county court, are hereby authorized and empowered to sell, transfer or convey by deed the title held by such trustees to such county seminary property or otherwise dispose of it as to them may seem best, to the County Board of Education, or to the board of trustees of the white graded common school district in which such seminary property is situated, on such terms and conditions as may be agreed upon by both parties; Provided, that whenever such county seminary property shall be taken over by and invested in the County Board of Education or the said board SCHOOL HOUSE VALUE. 51 of trustees of the white graded common school district, as authorized in this section, it, or the proceeds thereof, shall be used or disposed of by such County Board of Education or said Board of Trustees of the white graded common school district, for the benefit of all the white pupils in the county, in such a way as to make good to them their interest in such seminary property. 115. ( 4440* Ky. St.) Size and Value of House Furniture. (1) Each school house, including the site, furniture, apparatus, shall have a property value of not less than one hundred and fifty dollars. (2) Each school house hereafter erected shall have a floor space of not less than ten square feet to each pupil in the district; shall be at least ten feet between floor and ceiling; shall have at least four windows, one or more fire places, with chimneys, made entirely of brick or stone, or a sufficient number of stoves or other heating ap- paratus with safe flues, to warm the room in coldest weather, one or more doors, with locks and keys, which shall be kept during the vaca- tions by the sub-district trustee, who shall be liable for any damage occurring on account of neglect. (3) The County Board of Education shall furnish each school house with at least the following articles of furniture and apparatus, and the teacher shall, at the close of the school each year, deliver a complete inventory of the said articles to the sub-district trustee: Teacher's desk and chair, a seat, patent or otherwise, with back, for each child, the height of the seat and its back to suit the age of the child; no desk or bench to be made to accommodate more than two children; writing desk for all pupils; blackboard space of at least fifty square feet; water stand; and the County Board of education may furnish gong or call bell; terrestrial globe, wall map of the world, wall map of the United States, and a wall county map of Kentucky and such charts upon reading, writing, physiology, etc., as the County Board of Education may select; and the County Board of Education is authorized to have said houses and furniture insured against dam- age by fire or other casualty, the expenses incurred from such insur- ance to be paid out of the funds raised for general county purposes. (See notes Sec. 97.) DECISION OP THE COURT OP APPEALS. A contractor has no lien on a school house he builds nor has he a right to remove it from the lot. Raymer v. White School Dist., etc., 124 Ky. 96. 116. ( 4440a-2 Ky. St.) Plans to be Approved by Superintend- ent. No school house shall be erected in any sub-district or county in this Commonwealth unless the plan thereof shall have been sub- mitted to the County Superintendent and approved by him, and it is hereby made his duty to acquaint himself with the principles of school house architecture, and in all his plans for such structures to have 52 KENTUCKY SCHOOL LAWS 1916. due regard for economy, convenience, health and durability of struc- ture. 117. ( 4445* Ky. St.) Teacher's Contract Provisions. (1) The contract between the Division Board of Education and the teacher shall expressly describe that its terms are subject to all the provisions of the common school laws. (2) Whenever a teacher is entitled to a payment for having taught a common school, it shall be the duty of the sub-district trustee to certify that the school has been legally taught for the period specified. (3) No person shall be allowed to teach a private or other school in any district school house unless he be of good moral character and have the consent of the sub-district trustee. 118. ( 4446* Ky. St.) Trustees to Visit Parents and Urge At- tendance of Children Indigent Children. During the two weeks pre- ceding the opening of the school, the sub-district trustee shall visit all the parents of pupil children and urge upon them the necessity of prompt and regular attendance at school. He shall make careful inquiry as to whether any children are unable to purchase the neces- sary books, and immediately report the names of all such children to the County Superintendent only. During the progress of the school the sub-district trustee shall ascertain the cause of non-attendance of children, and shall remove such causes, if practicable. 119. ( 4447* Ky. St.) Visitation of School Pupils May be Suspended or Expelled Dismissal of Teacher. (1) The sub-district trustee shall be at the school house on the day of the opening of the school and at the same place at least once a month thereafter during the session of the school. On each visit he shall carefully examine the teacher's register and shall consider: First, the condition of the school house, furniture, apparatus and surroundings; second, the work of the school; third, the attendance and how to increase it; fourth, the needs of the school, such as fuel, brooms, buckets, crayons, desks, blackboards, books, etc. (2) He shall provide for any deficiency that may exist in any of these respects as provided in section 94 of this act, and see that the regulations for the government of the school are complied with, and that the teacher performs his duty; he shall see that a sufficient supply of good water is furnished within easy access of the school house for the benefit of the schools during the term of the school. (3) Upon complaint of the teacher in writing, the trustee shall have power, after investigation, to suspend a pupil or expel him from school. (4) When the trustee shall ascertain by examining the teacher's register or monthly report that the average daily attendance for twenty consecutive days taught has been less than twenty-five per centum of the total number of pupil children of the district as shown by the last census, he shall report the same to the County Board of Education, which may upon his recommendation, dismiss the teacher and upon CENSUS OF CHILDREN. 63 his nomination employ another teacher to complete the session of the school unless the board shall be satisfied that the decreased attend- ance was due to such natural causes as high water, extremely inclem- ent weather, epidemics or unusual sickness in the district. (See Sees. 5, 190 and notes Sec. 95.) DECISION OP THE COURT OP APPEALS. Section 119 giving- to the trustees power to dismiss a teacher, with the consent of the County Superintendent, where her register or monthly report shows that the averagre daily attendance for twenty consecutive days taug-ht has been less than twenty-five per centum of the total number of pupil children of the district, as shown by last census, unless they shall be satisfied that the decreased attendance was due to such natural causes as hig-h water, extremely inclement weather, epidemics or unusual sickness in the district. Five days' notice in writing- is not necessary before a teacher can be dismissed. Reasonable notice is all that is required. Wheatley v. Division Board, etc., 144 Ky. 783. 120. ( 4448 Ky. St.) Infectious Disease Epidemics Duty of Trustees Teacher Not to Lose Time. When any family shall have any infectious or contagious disease, no member of such family shall attend any school until the trustees thereof shall allow them to do so; and during the prevalence in the district of dangerous epidemics, the trustee shall order the school closed; but the teacher shall not be required to lose the time of this forced suspension, unless so stipulated in his contract. 121. ( 4449* Ky. St.) Census of Children in District Penalty for Fraud or Failure. (1) It shall be the duty of the trustee of each sub-district, biennially, during the month of April, to take an exact census of all the children that reside in such sub-district on the first day of April who will be, on the first day of July following, between the ages of six and twenty years, and on or before the first day of May report a list of the same to the County Superintendent, and a duplicate list to the clerk of the county court, to be filed in his office, specifying the name, age, sex and names of the parents or guardians of each child, to be entered in a book furnished him by the State, and kept as a part of the records of his office. Should said trustees willfully add to the list the names of persons not entitled to be placed on same, or otherwise knowingly m'ake a false list, such person thus offending shall, in addition to being liable to punishment for the crime of false swearing, be subject to a fine of not less than fifty dollars; and should any other school officer be a party to such fraudulent lists, or in any way aid in the commission of such fraud, he shall be liable to the same punishment. (2) For a failure to take such census and report the same within the time and in the manner herein required, the trustee shall be liable to a fine of not less than twenty dollars; and said trustee shall not take the census of any children who have recently removed into the district and who have been previously reported in the census of the pupil children for the year in the district from which they have moved, 54 KENTUCKY SCHOOL LAWS 1916. or who had recently removed into the district from another State or county; but any pupil child who may not have been reported in the district in which he resides may attend the common school without payment. (3) This section shall be printed in the census blanks furnished by the Superintendent of Public Instruction. (See Sec. 51, 94.) 122. ( 4450* Ky. St.) Report to County Superintendent Each Year. At the termination of each school year, the trustee shall make a report to the county superintendent, showing, in tables of details and aggregates, the length of time taught; the highest, low- est and average number of children at school; the cost of tuition of each child for the session and per month; the number of private schools, academies and colleges taught in the district, and length of sessions of the same; the number of teachers employed, male, female, and total for the common schools; the wages of male or female teachers; the amount of money raised for common school purposes in the district by district tax or otherwise, and for what the same was disbursed; the kind and value of school houses, and the number of volumes in district library, if any; and any other in- formation required of them by the county superintendent touching the school. (See Sec. 58.) 123. ( 4451* Ky. St.) Reports to be Signed by Subdistrict Trustee Penalty for Failure to Make. The subdistrict trustee shall sign all reports made by him, and for a failure to make any such report within thirty days after the same is required by law, shall be subject to a fine of twenty dollars, and besides shall be liable to an action for damages by any person injured thereby. 124. ( 4452 Ky. St.) Penalty for Buying Teacher's Claim OP Accepting Bribe. No trustee shall be allowed to buy any teacher's claim, directly or indirectly, under the penalty of removal from office by the county superintendent. (2) Any teacher who shall offer or give, directly or indirectly, any trustee who shall ask or accept, directly or indirectly, either for himself, for another trustee, for the subdistrict, the school, or the school house, any valuable consideration other than the services of the teacher for employing, or for being a party to employing a teacher, shall be deemed guilty of bribery, and upon indictment and conviction therefor, shall be fined as provided by law for the punish- ment of bribery. (See Sec. 64.) 125. ( 4453 Ky. St.) Penalty for Neglect of Duty or Misfeasance. For any neglect of duty or misfeasance or malfe'asance in office, the trustee shall, in addition to being fined as aforesaid, be removed from office by the county superintendent, who, in investigating such matters, as well as the matters set out in Sections 65, 185, 186, 187 and 190 of this act, shall have the same power to issue subpoenas and attachments for witnesses, and to compel their attendance and testimony as is possessed by the judge of the quarterly SUBDTSTRICT TRUSTEES. 65 court in examining trials of persons charged with offenses against the law; and sheriffs, constables and marshals shall be under the same obligations and subject to the same penalties for neglect or refusal to execute the orders of said superintendent as for refusal or neglect to execute the orders of the judge of the quarterly court of the county, and from the decision of the county superintendent any party aggrieved may appeal to the Superintendent of Public Instruc- tion. 126. ( 4455 Ky. St.) Penalty for Failure to Perform Duties. If any person who is elected or appointed trustee of a common school, undor the provisions of this act, shall willfully fail or neg- lect, after having accepted said office, to perform the duties im- posed upon him herein, he shall be fined fifty dollars therefor. 127. ( 4456 Ky. St.) Books and Records to be Delivered to Successor Penalty. A trustee, when he resigns, vacates, is re- moved or goes out of office, shall, within ten days thereafter, deliver to his successor any money, property, books or papers in his cus- tody as trustee; and for failure therein, he may be fined any sum not exceeding fifty dollars; and it shall be the duty of the county superintendent to report all such defaults to the grand jury. 56 KENTUCKY SCHOOL LAWS 1916. CHAPTER X. DISTRICT TAXATION. 129. Tax May be Levied by Fiscal Court Collector Treasurer. (1) It shall be the further duty of the County Board of Education to estimate and lay before the fiscal court of the county the education needs of the county in accordance with such estimate, and said county shall levy a tax for school purposes not to exceed twenty cents on each hundred dollars of assessed valuation of property in the county, and a capitation tax, not exceeding one dollar, and the sheriff shall then collect this tax as other State and county taxes are collected: Pro- vided, no tax for school purposes shall be levied under this act upon property in cities and towns maintaining a first class system of public schools in which all grades are already taught to the satis- faction of the State Board of Education, and upon property in school districts which are made exempt as provided for in section 77 of this act. (2) When the tax so levied shall have been collected by the sheriff of the county, he shall turn over to the County Superintend- ent, who shall act as treasurer of the County Board of Education, the amount of money so levied and collected, and the county board shall expend the money so received in the building, improvement and equipment of school houses, .for the purchase and condemnation of necessary real estate, for the payment of teacher, purchasing neces- sary supplies and the extension of the school term in the various subdistricts throughout the county, as in their judgment as a county board the needs of the individual schools for white and colored pupils demand. (3) The County Superintendent shall give such special bond as may be approved by the county court. (4) No fund shall be paid out except on the order of the county board, signed by the chairman and countersigned by the secretary. (See Sees. 57, 100, 136, 157 and notes.) DECISIONS OF THE COURT OF APPEALS Where the Fiscal Court has made a levy for educational purposes, all the property and persons subject to the tax at the time it is levied must pay the same under the levy made by the Fiscal Court, and that new graded schools can not be established or the boundary in existing- schools extended so as to defeat for the common school the collection of the tax laid by the Fiscal Court. Board of Education, etc. v. Givens, etc., 147 Ky. 837. School Tax How Collected Certification by County Clerk. A school tax is in reality a State tax. Ramsey v. County Board of Education, 159 Ky., 827. The imposition of poll tax for school purposes is con- stitutional. It is the duty of the Fiscal Court to levy a DISTRICT TAXATION. 57 poll tax as requested by the Board of Education. Fiscal Court, etc. y. Board of Education, etc., 138 Ky., 98. A sheriff's sale for delinquent school taxes held pre- sumptively valid. White v. Mclntosh, 145 Ky., 59. The County Board of Education, held; entitled to be made, on petition, a party to an action involving the dis- tribution of school funds. Board, etc. v_ Allin, 121 S. W., 676. The sheriff must pay over the whole sum collected for school purposes to the Board of Education. * * * His com- pensation may not be taken from the school fund. His pay is a charge against the general expense fund of the county. Ai action by the Commonwealth for the use of the county to surcharge a former sheriff's settlement is a direct attack, authorized by the statute, and may be brought if not barred by the five year statute of limitations. Commonwealth for Use, etc. v. Mackey, 168 Ky. 5. OPINIONS OF THE ATTORNEY GENERAL. The fiscal court has power to make settlements with the sheriff for school funds and grant exonerations and the County Board of Education has no right to make any addi- tional exonerations or to refuse to allow any that has been maie by the fiscal court. When a person is exonerated bv the fiscal ccurt from pay- ing poll tax he is exonerated from paying poll tax for school purposes. The fiscal court has no right to allow a jailer any fee for waiting on the County Superintendent during the examina- tion of teachers or the teachers' institute. 130. ( 4458* Ky. St.) Local Tax May be Levied. (1) Upon the petition of ten legal voters of any school subdistrict, the division board of education of any division shall submit to the legal voters of said subdistrict the question whether or not a tax shall be levied upon the taxable property in such subdistrict in any school year for "local school purposes;" an ad valorem tax may be so voted not to exceed twenty-five cents on each one hundred dollars of taxable property. (2) Such questions shall be voted on at the regular school election, held as provided by this act, on the first Saturday in Oc- tober. (3) At least fifteen days' notice that such question will be voted on at any school election shall be given by written or printed hand- bills, posted up in at least five of the most public places in such district. Said notices shall set forth clearly the amount and object of the tax proposed to be raised, and the time and place of taking the vote. Said notices must be signed by the County Superintend- ent, the chairman, and the secretary of the division board of educa- tion of the division in which such subdistrict lies. Such notices shall be posted by the subdistrict trustee of the subdistrict in which the proposed tax is to be voted on, or such other person or persons as the division board may appoint. (4) The returns of s*aid election shall be made to the chairman of the division board of education and said board shall meet within peven days after such an election and canvass the returns, and if it be ascertained that a majority vote in stfch district was cast in favor of such tax, said board shall, on its minute book, enter an 58 KENTUCKY SCHOOL LAWS 1916. order levying such tax in such subdistrict, and it shall be the duty of the sheriff of the county on his official bond to collect such tax and hold the same subject to the order of the County Board of Education for the benefit of the subdistrict voting such tax, and said sheriff shall receive the same compensation therefor as for col- lecting State and county revenue. (5) When lines dividing school subdistricts pass through the lands of any person dividing the same, the tax shall be levied and paid to the district where the homestead may be situated. 131. ( 4459* Ky. St.) Local Tax Election Every Year Tax Voted for Three Years. (1) The question of subdistrict taxation may be submitted to the legal voters of the subdistrict every school year; or when the amount, object and length of time are distinctly stated to the voters, the tax may be voted at one election to continue three successive years. (2) The proceeds of such tax shall be expended for any of the following purposes: Purchasing lot, building, repairing or furnishing the school house, supplying the same with illustrative apparatus, the extension of the school term, supplementing the salary of the teachers, or other local school purposes: Provided, that the purpose or purposes for which the tax is to be used shall be set out with exactness in the notices advertising the election; and provided, fur- ther, that when one of the purposes set out in the notices is the erection and furnishing of a school house or in supplementing the funds appropriated by the county board of education for that pur- pose, and two-thirds of all the persons voting on the proposition vote in favor of the tax, such election shall authorize the county board of education, in their corporate capacity, to borrow a sum of money sufficient to supplement the county funds in erecting and furnishing said school house; and provided further, that the sum so borrowed shall not exceed an amount that can be paid in three years at the rate of taxation set forth in the notices advertising the election. 132. ( 4460 Ky. St.) Questions to be Asked Voter. (1) It shall be the duty of the officers holding the election to open the polls and an officer of election shall propound to each voter who votes the question: "Are you in favor of the district school tax?" and his vote shall be recorded for or against said tax as he directs. (2) The officers of the election shall return a fair and true record of the votes taken for and against such tax, certified and sworn to by themselves before some officer authorized to administer oaths. (3) It sh&ll be the duty of the county superintendent to fur- nish the sheriff with the boundary of the "district. 133. ( 4461 Ky. St.) Assessment Collection Duty of Offi- cers. The assessment of property, collection of taxes, the powers and duties of trustees amd other officers under this article, shall be governed by section 135 of this act. DISTRICT TAXATION. 69 134. ( 4462 Ky. St.) Report of County Superintendents Con- cerning Tax. The County Superintendent shall, in making his an- nual report to the Superintendent of Public Instruction of the schools taught in his county, m'ake report also of the amount of money thus raised and the manner in which it has been appropriated. 135. Local Tax Levy and Collection. (1) Whenever there shall be a tax levied in any subdistrict by the Division Board of Education, as herebefore provided, the same shall be levied on the property of the district as m'ay be assessed and equalized for county taxation immediately preceding the levy by the division board; and within ten days after said levy, it shall be the duty of the sheriff, with the assistance of the County Superintendent to make, or cause to be made, from the assessor's book, as equalized for county taxa- tion land the records of assessments of property as filed by the railroad commissioners or a bond of assessment in the office of the county clerk a list of the names of all persons or corporations liable for such taxes and the amount of property owned by each and liable therefor, and the total amount of taxes due from each, and shall file a copy of list with the Division Board of Education. (2) The sheriff shall collect all taxes levied for common school purposes on the property of the district. (3) The holder of the legal title and the holder of the equitable title and the claimant or bailee in possession of the property on the 15th day of September of the year the assessment is made shall be liable for the taxes thereon; but, as between themselves, it shall be the duty of the holder of the equitable title to list the property and pay the taxes thereon whether the property be in possession or not at the time of the payment. (4) The Division Board of Education shall, within five days after such tax list shall have been delivered to the ch'airman, fix the time in which such tax shall be paid to the sheriff, which shall not be less than two nor more than four months from the time of mak- ing such order. (5) The Division Board shall cause written or printed notices of the levy and the time and place in which the tax is required to be paid, to be posted in at le'ast five of the most public places in such district. (6) It shall be the duty of all taxpayers to pay their taxes to the sheriff at the time and in the place designated in the notice. On failure of any such taxpayer to pay his taxes, within such designated period, he shall 'at the expiration thereof be deemed a delinquent and a penalty of five per centum of the amount of the taxes due shall attach against each delinquent at the expiration of the period for receiving the taxes. (7) It shall then be the sheriff's duty to collect such delinquent taxes and levy on and sell property therefor, and make report thereof to the Division Board of Education. The sheriff shall collect the 60 KENTUCKY SCHOOL LAWS 1916. taxes within ninety days after receiving the list, by sale of property or otherwise. He shall have the same power that he has in the collection of State and county revenues, and proceed in the same manner and receive the same compensation as he is entitled to re- ceive in the collection of State and county revenues; "and for a failure to perform this duty and other duties mentioned in this sec- tion, he shall be liable on his bond. The sheriff shall, in his report to the County Board of Education, make an itemized statement of the amount levied, the purpose of such levy, and an itemized state- ment of the amount collected and the amount of tax uncollected. (8) In case of vacancy by resignation or removal of the sheriff, he shall make settlement with and turn over all moneys to the County Superintendent immediately following such resignation or removal. (See notes Sec. 161.) CHAPTER XI. ARTICLE X. GRADED COMMON SCHOOLS. DISTRICTS. 136. ( 4464 Ky. St.) Districts Boundary Election to Es- tablish Tax High School. It shall be the duty of the County Judge in each county of this Commonwealth, upon a written petition signed by at least twenty-five per cent, of the legal voters, who are taxpayers in the justice's district, town or city of the fifth or sixth classes in his county to make an order on his order book, at the next regular term of his court after he receives said petition, fixing the boundary of any proposed graded common school district, as agreed on by the County Judge and the petitioners, and directing the sheriff or other officer whose duty it may be to hold the election, to open a poll in said proposed graded common school district, at tho next regular State, town or city election to be held therein, or on any other day fixed by said judge in said order, not in either case earlier than forty days from the date of said order, for the purpose of taking the sense of the legal white voters in said proposed graded common school district upon the proposition whether or not they will vote an annual tax, in any sum named in said order, not ex- ceeding fifty cents on each one hundred dollars of property assessed in said proposed graded common school district, town or city, be- longing to said white voters or corporations, or a poll tax in any sum named in said order, not exceeding one dollar and fifty cents per capita on each white male inhabitant over twenty-one years of age residing in s'aid proposed graded common school district, or both an ad valorem and a poll tax, if so stated in the order, for the purpose of maintaining a graded common school in said proposed graded common school district, and for erecting, purchasing or re- pairing suitable buildings therefor if necessary. Provided, that the proposition to establish any graded common school district, as pro- vided for in this section, is approved in writing, on petition to the county judge by the County Board of Education, and also by the County Superintendent of Common Schools; that no point on the boundary of any proposed graded common school district be more than two and one-half miles from the site of the school building and that the location and site of said school building in said district are set out with exactness in said petition and that the district contain not less than one hundred pupil children. 62 KENTUCKY SCHOOL LAWS 1916. 136a. If at any time it become desirable to either extend or de- crease the boundary of a graded common school, a majority of the legal voters in the territory which is proposed to be changed may file a written petition in duplicate, one copy with the board of trus- tees of the graded common schools and one copy with the County Board of Education. Said petition shall set out with exactness the names of all persons within the territory to be changed, and shall show the change in the boundary of the district as proposed by the change. If the petition shall be approved by the board of trustees of the graded common school and the County Board of Education, an order shall be so made on the record of each board and the change shall be effective at once. 136b. All graded common schools which have been previously established under the general, or under any special law of the State, or any such school that may hereafter be established shall operate and maintain a high school of equal rank to that required by law to be maintained by the County Board of Education, or pay the tuition of lall pupils residing in the graded school district who are eligible and enter the high school, the county high school or other public high school which maintains a course of study required by law and which has been approved by the State Board of Educa- tion. (See County High School, see Sees. 211, 212.) 136c. Any graded common school may cease to operate under the provisions of the ,graded common school law and become a part of the county or city school system in which it may be located by a majority vote of the legal voters of the graded school district; the vote when taken, to be in the same manner and governed by the same laws as when the said graded school was established. (See Sees. 92, 111, 129, 160 notes.) DECISIONS OF THE COURT OF APPEALS. A poll tax payer is a taxpayer within the meaning- of this section. Description of boundaries by farms is sufficient. In the description, the inclusion of land more than 2y 2 miles distant from the school house, though it can not be taxed, does not invalidate the election. DeHaven, etc. v. Hardinsburg Graded School, 164 Ky., 511; Trustees, etc. v. Brooks, 163 Ky., 200; Jackson y. Brewer, etc., 112 Ky., 554; Owen v. Trustees, etc., 153 Ky. 723. The law prescribes the qualifications of voters, and whether one is a legal voter must be determined from the facts as to his age and the length of time of his residence and not from the bare statement of opinion by witnesses that he was a legal voter at a given time at a particular place. Hume, et al. v. Grant, 165 Ky., 723. (See notes Sec. 92.) Action to Enjoin Levy in Collection of Tax. A petition to establish a graded school should be presented to the county judge in term time and made a part of the record of the court. Haynes, etc. v. Strunk, etc., 156 Ky., 18. Hours in Which P9lls May be Opened. Colored voters can not vote in an election that was ordered for the purpose of erecting and establishing a graded school for white per- sons; their property can not be taxed to support the school or pay for bonds issued to erect the building. Trustees of a graded school and County Board of Educa- tion may maintain a joint high school. Munfordville Mer- GRADED COMMON SCHOOLS. 63 cantile Co. v. Board, etc., 155 Ky., 382; Stuart, etc. v. Petrie & Co., 138 Ky., 514. Point of measurement of the 2 T /& miles should begin at the outer edge of the school site, provided it contains not more than one acre. Clear Springs, etc. v. Bardstown Graded School Dist., 135 Ky., 458. Graded School Elections Record Books of Court Nunc Pro Tune Orders. Boundaries by farms and residences Is a sufficient compliance with the statute. No tax can be collected on property situated outside of the 21-2 mile limit. Rails, etc. v. Sharp's Admr., etc., 140 Ky., 744. There is no provision for contesting- an election of a graded common school. Elliott, etc. v. Garner, etc., 140 Ky., 157; Patterson, etc. v. Knapp, 125 Ky., 474. The county court has no power by virtue of this sec- tion, to submit at an election the question of establishing a graded school in a district, embracing a city of the fourth class and contiguous outlying territory. Bailey, etc. v. Figley, 106 Ky., 725. (See notes to sec. 158.) Boundary. Thornton, etc. v. Head, etc., 140 Ky., 204. An election is not invalid because certain persons not qualified were permitted to vote, where the result of the elec- tion would not be affected if all the objectionable votes were deducted from those received by the prevailing side. Taylor v. Sparks, 118 S. W., 970. Election Contested. Elliott, etc. v. Gainer, etc., 140 Ky., 157. Under this section the county court can not, by its order, designate the particular use to which any part of the tax . levy voted by the district upon its establishment shall be ap- plied, as its appropriation is vested in the trustees, for such lawful purposes as are provided by the statute. Flanders, etc. v. Board, etc., 170 Ky., 627. 137. ( 4464a Ky. St.) Graded School for Two Counties. That whenever it becomes desirable to establish a graded common school composed of parts of two counties and upon a written petition signed by at least ten legal voters residing in the county where the greater number of legal voters reside, and a majority of the legal voters residing in the adjoining county, it shall be the duty of the county judge in the county having the greatest number of legal voters, to make an order on the order book at the next regular term of his court after he receives said petition, directing the sheriff or other officers whose duty it may be to hold the election, to open a poll in the proposed graded common school district upon the prop- osition as to whether or not such graded common school shall be established. Before such an order can be made by the county judge, the petition must be approved in writing by the County Board of Education and the County Superintendent of Schools in each county concerned. When an order is made directing a poll to be taken, the same items shall be followed in all respects as are provided for in section 136 of this act, by which all other graded schools are voted. Should the graded school be voted, it shall be under the control of the county in which the order directing its establishment is made. 138. ( 4465 Ky. St.) County Clerk Duty of. It shall be the duty of the county clerk to give to said sheriff or other officer a certified copy of the order of the judge of the county court, as it ap- pears in his order book, within ten days after said order is made. 64 KENTUCKY SCHOOL LAWS 1916. 139. ( 4466 Ky. St.) Sheriff to Publish Notices and Post Ad- vertisements. It shall be the duty of said sheriff or other officer to have the order of the county judge- published in some weekly or daily newspaper published in the county for 'at least twenty days before the election, and also to advertise the same by printed or written handbills, posted at five conspicuous places in said proposed graded common school district for the same length of time; but if there be no daily or weekly newspaper published in the county, the printed or written handbills, posted as before provided, shall be suffi- cient notice. The said sheriff or other officer shall have the adver- tisement inserted, and notices herein provided for posted, within ten days after he receives the order of the county judge and at least twenty days before the election. (See Sec. 140 notes.) 140. ( 4467 Ky. St.) Officers of Election Appointment of Question to be Asked Voter. (1) The said sheriff or other officer shall appoint a judge and a clerk of the said election, who shall take and subscribe to &n oath for the faithful performance of his duties. (2) On the day set apart for the election, the officers shall open a poll, and shall propound to each voter who may vote the question, "Are you for or against the graded common school tax?" and his vote shall be recorded for or against the same as he may direct. (Contested Elections. See Sec. 136 notes.) DECISIONS OF THE COURT OF APPEALS. Order directing: election on question of voting* tax. Deputy may execute order. A deputy sheriff may appoint officers of election same as sheriff. Fishback v. Trustes, etc., 152 Ky. 519. Hand Bills Sufficiency. Question propounded to voters. Kelley, etc. v. Trustees, etc., 162 Ky., 612. It is not the duty of the sheriff to have actually partici- pated in the holding- of a graded school election or to remain present at the polling- place during- the day. His duty was discharg-ed when he appointed officers for that purpose. Who to canvass returns. Mullins, etc. v. McKeel, etc., 109 Ky., 539. 141. ( 4468 Ky. St.) Duty of County Judge, Superintendent and Trustees^lf Tax Voted. If it shall appear that a majority of the votes cast at the said election were in favor of said tax then it shall be the duty of the county judge to cause the certificate of the examining board showing the amount of tax voted, and the names of the five trustees elected, to be entered of record in the order book of his court, and to give a copy thereof to the County Superintendent, who, in connection with the trustees, shall organize a graded com- mon school in said district in accordance with the provisions of this law. 142. Colored Graded Schools Establishment of. (1) The provisions of this law sh'all apply to such graded common school districts as may be applied for and organized by the colored people of this Commonwealth, and such districts and graded schools may GRADED SCHOOLS. 65 be organized by them, in all cases, the same as the white districts herein provided for are organized. In that case the word "Colored" is to be substituted for the word "White" whenever it h'as occurred heretofore in this law. (2) No white person shall vote at any election held by the colored people under the provisions of this law; nor shall the prop- erty of any white person be taxed to maintain any graded common school for colored children; nor shall the property of a colored per- son be taxed for the benefit of any graded common school for white children; nor shall any white child attend any graded common school for colored children organized under the provisions of this law; nor shall any colored child attend any graded common school for white children. (See Sec. 77 notes.) DECISION OP THE COURT OP APPEALS. A child possessing- 1/16 negro blood is a colored child. Mullins, etc. v. Belcher, 142 Ky., 673. 143. ( 4488 Ky. St.) Graded Schools Heretofore Established. The provisions of this article shall not affect or in any way inter- fere with any graded common school or schools maintained by any city of the fifth or sixth class, or any town or school district organ- ized by virtue of a special act of the General Assembly, unless the said city, town or district shall be (by) a majority vote, endorsed by the recorded action of the board! of trustees, accept the pro- visions of this article for the government of said school or schools in any election held under the written order of the county judge, or the mayor of said city, in the manner and under the restrictions of sections 136, 138, 139, in which election nothing but the matter of such acceptance shall be determined, and the only question pro- pounded to each voter shall be: "Are you in favor of accepting the provisions of the general graded common school law?" In the event of such majority vote in favor of accepting the said provisions, and an endorsement by the board of trustees, the graded common school or schools of the s'aid city, town or district, shall thereafter be gov- erned by and subject to all the preceding provisions for graded com- mon schools. 144. ( 4489 Ky. St.) Graded Schools in Cities of the First, Second, Third and Fourth Classes Not Affected Acceptance of This Law Provisions. (1) The provisions of this article shall not affect, or in any way interfere with, any system of graded common schools established and maintained by any city of the first, second, third or fourth class, by virtue of a general or special act of the General As- sembly. (2) Any city of the first, second, third or fourth class may accept the provisions of this law, and establish graded common schools, subject to all the provisions thereof, except as especially hereinafter S. L. 3 66 KENTUCKY SCHOOL LAWS 1916. provided in this section, by a majority vote, indorsed by the recorded action of the board of trustees, at an election held in the manner pre- scribed in section 136. In the event of a majority vote in favor of accepting the said provisions, and indorsement by the board of trus- tees, the following provisions shall apply to the graded common schools of such city of the first, second, third or fourth class instead of the corresponding provisions in the preceding section of this article: First, An order for the holding of an election, as first provided in section 136, may be made by the mayor, and the said mayor shall, in such case, perform all the duties required of the county judge in carrying into effect the provisions of the law; the number of petitioners shall be one hundred instead of 25 per cent, of the legal voters; the election shall be held by the officer whose duty it is to hold other city elections; the approval of the County Superintendent shall not be required in the petition; and the location and site of any proposed school house shall not be required to be set out in the said petition. Second, The maxi- mum limit for the cost of any school building shall be one hundred thousand dollars ($100,000.00) instead of fifteen thousand dollars ($15,000.00). Third, The number, name and style of the board of trustees shall be determined by themselves instead of the number limited to five; but the number of trustees in no case shall exceed one more than the number of wards in the city. (4) The length of the term, the order of retirement, the date of election of trustees, may be fixed by the charter of said city, but the term of office shall in no case exceed four years. (5) Principals and teachers shall not be required to hold county certificates. (6) The president of the board of trustees may be elected from the city-at-large, if the said board shall so determine. (7) The Superintendent of Public Instruc- tion shall p'ay directly to the treasurer of the city graded common schools the pro rata portion of school funds due said city from the State. (8) The aggregate amount of the outstanding bonds issued by the board of trustees shall not, at any given time, exceed 2 per cent, of the taxable property of the city, instead of the bonds so issued being limited in amount to fifteen thousand dollars ($15,000); Provided, that the limitation herein before prescribed of the aggre- gate 'amount of outstanding bonds issued by the board of trus- tees shall not apply where the said two per cent, of the tax- able property of a city is less than one hundred thousand dollars ($100,000.00); and whenever the said two per cent, of the taxable property of a city is less than one hundred thousand dollars ($100,- 000.00) then the aggregate amount of the outstanding bonds issued by the board of trustees shall not exceed one hundred thousand dol- lars ($100,000.00). (9) The assessment of property made by the city assessor, and equalized according to law, shall be made the basis for collection of city taxes for school purposes of every kind, and the said taxes shall be collected by the city collector at the same time GRADED SCHOOLS TRUSTEES. 67 of collecting other city taxes, and lie shall be responsible on his offi- cial bond for the same. (See Sec. 136 notes, See cities.) 145. ( 4500b. Ky. St.) Consolidated Schools May be Formed. (1) Whenever it becomes desirable on account of geographical or other conditions to establish a consolidated school, composed of 'a graded common school and other adjoining common school subdistrict or subdistricts, the board of trustees of such graded common school shall have authority to enter into contract with the County Board of Education of the county in which said graded common school dis- trict is located, to establish, operate and maintain such consolidated school. The contract when made shall be in writing, and shall stipu- late in full and complete terms, the number of years such contract shall exist, the employment of teachers, the arrangements of the course of study, and all other arrangements necessary to the suc- cessful conduct of such consolidated school. (2) The expense of the transportation of pupils to and from such consolidated school may be provided for jointly by the graded common school, and the subdistrict or subdistricts annexed or by the subdistricts alone. (3) The tax for the transportation of pupils by the subdistricts concerned shall be voted, levied and collected in the same way and at the same time that other consolidated schools vote, levy and col- lect a tax for the same purpose. (See Sec. 84 notes.) TRUSTEES. 146. ( 4469* Ky. St.) Trustees Incorporated Number of Election of First Board. (1) The graded common school districts, when organized as aforesaid are hereby incorporated and each of them shall be under the management and control of a board of five trustees. (2) The first board to be elected at the same time and place and by the same persons who vote at the election for the tax, as provided in Sections 136 and 140 of this law, and the five persons receiving the highest number of votes shall be declared elected trustees. 147. ( 4469a Ky. St.) Trustees Divided Into Classes Elec- tion of Vacancy, How Filled. (1) The trustees thus elected shall be divided by lots into three classes, to hold their office for one, two and three years respectively, or until their successors are elected and qualified; the trustee selected for the shortest term to retire from office on the second Saturday in May following his election; and the two elected for the second shortest term, and the two elected for the longest term shall serve one and two years respectively, after the second Saturday in May following their election. (2) On the first Saturday inJMay following the first election of trustees under this act and the first Saturday in May of each year 68 KENTUCKY SCHOOL LAWS 1916. thereafter, there shall be elected as trustees of common schools are elected 1 two trustees of the said graded common school district, who shall qualify on the second Saturday of the month of their election, to succeed the two trustees retiring from office, and to serve three years, and until their successors are elected and qualified; provided, that at the next regular election of trustee, and thereafter every third year there shall be elected but one member of said board; except that vacancies occurring in said board may be filled at any regular election of trustees. (3) If at any time there should be a vacancy in said board, the s'ame shall be filled by election of the remaining members, and the person elected to fill such vacancy shall hold his office until the next regular election when his successor shall be elected to fill out the unexpired term. (See Sec. 159; Contested Election, see notes Sec. 136.) DECISION OF THE COURT OF APPEALS. County Superintendent can not fill a vacancy of a graded school trustee, nor appoint or remove teachers or trustees. Mathews, etc. v. Rogers, etc., 107 Ky., 236. OPINION OF THE ATTORNEY GENERAL. A mail carrier who is a sub-contractor is eligible to the office of trustee in a graded school district. s 148. ( 4470 Ky. St.) Powers and Title of Board of Trustees. The persons so elected shall be named and styled "The Board of Trustees of the Graded Common School Dis- trict," and in that name may sue and be sued, contract and be con- tracted with, &nd as a natural person may acquire, hold, dispose of and convey, by purchase, gift, devise or otherwise, any real or per- sonal estate, goods and chattels, necessary and convenient for the use and purposes of such graded common school; and the title to all such property shall vest in said board of trustees and their successors in office, to be held sacred for the use 'and benefit of said graded common school district. (See Sees. 113a, 144, 174; notes to Sec. 77.) DECISIONS OF THE COURT OF APPEALS. Trustees of a graded school can contract with County Board of Education for the use of school building, both as a graded school building and as a high school building. Bond issue to provide for building to be used as a graded school and county high school. Hours in which polls may be opened. Munfordville Mer- chantile Co. v. Board, etc., 155 Ky. 382. "Other expenses needful in conducting a good graded com- mon school." Qualification of voters Sex. The title to the site of a graded school building may be acquired by condemnation. Jeffries & Co. v. Board of Trus- tees, etc., 135 Ky., 488. The boards of health have power, when there is a reason- able apprehension of an epidemic of small-pox in a public school, to order the vaccination of the school children as a condition precedent to their right to attend public school. Board, etc. v. McMurtry, etc., 169 Ky., 457. 1 GRADED SCHOOLS TRUSTEES. 69 OPINION OF THE ATTORNEY GENERAL. This section, nor does any law, authorize the trustees of a graded school to permit the use of part of their school buildings by persons for the purpose of operating- a moving- picture show. 149. ( 4470a Ky. St.) Vacancies in Trustees County Judge May Appoint. That in any graded common school district heretofore or hereafter established in which the first board of trustees has not been or shall not be elected, as prescribed by Section 146 of this act, the county judge of the county in which such district is located shall have the power to fill such vacancies in the manner pre- scribed by Section 1522 of the Kentucky Statutes, and at the next election of the trustees, as prescribed by said section 1522, five trus- tees shall be elected and shall be divided into classes and their terms of office held as prescribed by section 147 of this act. 150. ( 4472 Ky. St.) Oath to be Taken by. Said trustees, before entering upon the discharge of their duties, shall each take an oath faithfully to perform the duties required of them under this law. 151. ( 4473 Ky. St.) By-Laws May be Adopted Record of Proceedings to be Kept. Said trustees may adopt such by-laws and rules for the government of themselves and their appointees and for the control, government and management of the graded common schools in their respective districts, as they may deem necessary, not in conflict with law, and shall keep a journal of their proceed- ings, which shall be open at all times to the inspection of any citi- zen of the graded common school district in which he or she may reside. (See Sees. 5, 190, 6.) DECISION OF THE COURT OF APPEALS. The actijn of trustees of a graded common school in sus- pending- a pupil is final and conclusive and can not be ques- tioned by the courts, unless they acted arbitratily or ma- liciously. Cross, etc. v. Trustees, etc., 129 Ky., 35, 121 Ky., 152. ( 4474 Ky. St.) Teachers Appointment and Qualifica- tion of Course of Study. (1) Said trustees shall appoint and em- ploy a principal and all teachers, and fix their compensation, and may suspend or dismiss them, or any other person appointed or employed by them; may prescribe the branches (other than those required by law to be taught in the common schools), which may be taught in said graded common schools, and prescribe the necessary qualifications, and the mode of examination of applicants for posi- tions as superintendent, principals, or teachers in s'aid graded com- mon schools, but no person shall be appointed or employed as super- intendent, principal or teacher in any graded common school organ- ized under the provisions of this law who is not a person of good 70 KENTUCKY SCHOOL LAWS 1916. moral character, and who has not a county certificate, as required by the common school law of Kentucky. (2) Each teacher in a graded common school, except in cities of the first, second, third and fourth classes, shall be required to keep a register as prescribed for teachers of other common schools, which register shall be left with the president of the board of trus- tees, who shall be responsible for it, and return it to the teacher at the opening of the next school term. From the registers in the hands of the several teachers in the graded common schools, and the record kept by the board of trustees, the principal teacher and the president of the board of trustees shall, within ten days after the close of the school make a report to the County Superintendent, being provided with blanks therefor by the superintendent, said re- port to give such information as is specified in section 122 of this act. (See Sec. 95 notes.) DECISIONS OF THE COURT OF APPEALS. Acts of the members of one board are binding upon members of succeeding- board. Graded schools are part of the common school system of the State. Trustees of a graded school may at any time in the calendar year elect teachers for the ensuing: school year that begins in the year in which the election of teachers is made. Wheeler v. Burke, etc.. 162 Ky. 143. A teacher without a certificate may teach in a graded common school gratuitously. McDowald, etc. v. Parker, etc., 130 Ky., 501. 153. ( 4475 Ky. St.) Secretary of Board in Cities to Report. (1) It shall be the duty of each secretary of the board of trustees of schools, maintained wholly or in part by the State, in cities of the first, second, third and fourth classes, to report annually, on or be- fore the first of September, to the Superintendent of Public Instruc- tion, such facts as will enable him, in his reports to the General As- sembly, to give the important school statistics of such cities in con- nection with those of the county in which they are situated. (2) The secretary shall be supplied by the Superintendent of Public Instruction with blanks therefor. 154. ( 4477 Ky. St.) President and Secretary of Board Re- port by. The said trustees shall elect one of their number president, who shall preside at their meetings, and perform such other duties as may be required of him, and they may elect a secretary and pre- scribe his duties. The president and secretary, or either of them, shall make such reports to the county superintendent "as are re- quired of common school trustees, and shall publish annually such information as will show the financial condition of the graded com- mon school district, and such other facts as they may deem bene- ficial to the cause of education in their respective districts. 155. ( 4477 Ky. St.) Free Tuition to Resident White Pupil Children. All white children within the common school age resid- GRADED SCHOOLS TREASURER. 71 ing in any graded common school district shall have the right of free admission to the graded common school thereof. (Residence See notes to section 92.) 156. ( 4478 Ky. St.) Terms of Admission of Children Not Residents. The trustees may admit into said graded common school children who do not reside within the said district, or persons over the common school age, on such terms and conditions, and upon the payment of such tuition and other fees as they may deem proper. 157. ( 4479 Ky. St.) Treasurer, BondDuties, Compensa- tion of. (1) The said board of trustees shall appoint a treasurer for said graded common school district, who, before entering upon the duties of his office shall, in the county court, execute bond, with sureties approved by the court, payable to the Commonwealth of Kentucky, for the use and benefit of the trustees of said graded common school district, conditioned for the faithful performance of his duties under this article. (2) All funds arising from the sale of bonds under this law and 'all funds collected for the purpose of defraying the annual ex- penses of said schools, and for the payment of the principal and in- terest of said bonds, or for any other purposes, shall go into the hands of said treasurer, who shall, together with his sureties, be responsible therefor. (3) Said treasurer shall pay out said funds only for the pur- poses for which they were respectively collected, upon the written order of the president and secretary of said board of trustees. (4) The board of trustees shall pay its treasurer such sum for his services as shall be reasonable and just. (See notes Sec. 158.) DECISIONS OF THE COURT OF APPEALS. The board of trustees of white or colored graded schools are not authorized to expend money for any purpose, except for such purpose as authorized by law. Thornton, etc. v. White, etc., 162 Ky. 796. The taxes received from the State by a district may not be used either for the purpose of purchasing- a lot, the erec- tion of a school building-, or for furnishing-, but must be used solely for educational purposes. Crabbe, etc. v. Board, etc., 132 Ky., 478. Expenditures exceeding- the income in a year without a vote. White Common School Dist. v. Grachy, etc., 138 Ky., 128. 158. ( 4480a Ky. St.) Payment to Treasurer of Pro Rata of School Funds. The County Superintendent of Schools shall pay to the treasurer of any gr'aded common school district that may be organized and operating in his county, in conformity with this article, the pro rata portion of the State and county funds due the said district, according to the number of pupil children therein, after the monthly and term reports as required of other schools, have been properly filed and certified to by the chairman and secretary 72 KENTUCKY SCHOOL LAWS 1916. of the board of trustees of said graded school and filed in the office of the County Superintendent. The County Superintendent may withhold the amount due for any month, until the monthly report has been properly made and filed, or he may withhold the amount due for the last month until the annual report has been properly m'ade and filed. (See Sec. 157 notes.) DECISIONS OF THE COURT OF APPEALS. County Superintendent has no right to hold State school money belonging: to a graded school district against the will of the trustees; nor has he the legal right to turn it back to the State Treasurer. Crabbe, etc. v. Board, etc., 132 Ky., 478. The commission of an ordinary common school district into a free graded one, and the payment to the latter of the pro rata of the common school fund going to the common school district, is constitutional, because it is in aid of the common school system, and not a diversion of the fund de- voted by our Constitution to that purpose. Rigg, etc. v. Stevens, etc.; Garvey, etc. v. Dulaney, etc., 92 Ky., 393; Wil- liamstown, etc. v. Webb, etc., 89 Ky., 264. OPINION OF THE ATTORNEY GENERAL. It is the duty of the County Superintendent to pay the pro rata of the school fund to the treasurer of the graded school district regardless of whether or not the school had been taught in accordance with the law. The treasurer is required to execute bond for the faithful performance of his duties, and if he should pay out money without proper war- rant or law for so doing, he would be responsible on his official bond for the amount. 159. ( 4485 Ky. St.) Trustee is Appointed Officer of Election Duties of Officers. After the first election provided for in this law, shall have been held, the tax voted, trustees elected, and the graded common school organized, the board of trustees shall appoint the officers to hold all other elections, which officers shall take an oath to be under the same responsibilities and subject to the same penalties as the officers holding State or county elections, only they shall make returns of poll-books, and certify the result of the elec- tions to the board of trustees, who shall examine and compare the same, and issue certificates to the persons found to be elected. (See Sees. 146-149.) DECISIONS OF THE COURT OF APPEALS. Taking provisions of this section together with the whole act, to put all school elections affecting graded school dis- tricts under the control of the board of trustees, and to au- thorize it not only to call the election and to appoint the election officers, but to canvass the returns and certify the result. Treasurer and tax collector of a graded school district may serve as election officer. Any graded school election may be held on another day than regular election day. In the absence of statutory provisions, the board of trus- tees may do anything at a special meeting that it could do at a regular meeting. Clark v. Board of Trustees, et al., 164 Ky., 210. Under this section th^ board of trustees should appoint elec- tion officers and they should return the poll book and certify the result of the election to the board, who after examining and comparing the same, should issue certificates to the persons found to be elected. A trustee who was elected could compel the board by mandamus proceedings to issue him a certificate of election. Chapman v. Freeman, 166 Ky., 536. GRADED SCHOOLS TAXATION. 73 TAXATION. 160. ( 4481* Ky. St.) Grounds and BuildingsTo Be Pro- vided for Bonds May be Issued Limit and Sale of. (1) Said board of trustees shall provide funds for purchasing suitable grounds and 1 buildings, or for erecting and repairing suitable buildings, and for other expenses needful in conducting a good graded common school in their graded common school district; and to this end they may use such part of the proceeds of the said tax as they deem neces- sary, and it shall be the duty of said board of trustees, and if, in their opinion, it be necess'ary, they are hereby authorized and em- powered to order an election and submit to the voters of their re- spective graded common school districts the question whether or not the trustees thereof shall issue bonds of their respective graded common school districts, in any amount not exceeding the limit pro- vided by sections 157 (one hundred and fifty-seven) and 158 (one hundred and fifty-eight) of the present Constitution of this State, for the purpose of providing suitable grounds, school buildings, furni- ture and apparatus for their respective graded common school dis- tricts: Provided, That due notice of said election shall be given by the trustees of their respective districts, by written or printed post- ers not less than one foot square, signed by the trustees of their respective districts, stating the time, place, and hours of the said election, posted at not less than six public, conspicuous places in the district for ten days previous to the day of election, and by one in- sertion thereof in the newspaper, if any, published in said district. (2) The board 1 shall appoint two judges, a clerk and a sheriff to hold such election, who shall be first duly sworn before acting and shall be housekeepers and taxpayers, resident in the district for which they are appointed, and one of the judges shall ask of each, voter: "Are you in favor of the issue of bonds by the trustees of the graded common schools of this district, for the purpose of pro- viding suitable grounds, school buildings, furniture and apparatus for this district?" and the clerk sh'all record the answer, "Yes" or "No," as given by the voter. If two-thirds of the voters voting at said election vote in favor of the issue of the bonds, then the trustees of such graded common school may issue the bonds of said district for an amount not exceeding the constitutional limit and in con- formity with the Constitution of this State. (See Sees. 129, 136 notes.) DECISIONS OF THE COURT OF APPEALS. The order calling: bond election need not specify proposed rate of taxation. Clark v. Board of Trustees, et al., 164 Ky., 210. Graded Common Schools Change of Site Election Re- turnsTo Whom Made. Boundaries following the dividing lines between well known farms are sufficient. Snyder, etc. v. Board, etc., 142 Ky., 739. Graded Common Schools Votes as to Whether Bonds 74 KENTUCKY SCHOOL LAWS 1916. Shall be Issued Notice. Appointment of judge and clerk of election by other trustees, acting under color of appoint- ment, does not render election invalid. Lamaster v. "SVilker- son, etc., 143 Ky., 226. In the absence of any statutory limitation upon the authority of the trustees to submit the question of creating an indebtedness more than once in the same year we think that when a tax has been defeated the trustees may again as often as they think proper, submit the same or a different question to the voters. A notice that conforms to the statute is sufficient. The statutes expressly provide that when the indebted- ness is created the trustee shall levy the tax. The statute does not provide that the order calling- the election or the notices shall specify the extent of the indebt- edness. Failure so to do will not invalidate the election. The trustees could not in any event create an indebted- ness exceeding the Constitution limit, only the excess would be void. McKinney v. Board Trustees, 144 Ky., 85; Hughes v. Roberts, etc., 142 Ky., 142; Young v. Roberts, etc., 143 Ky., 511. Elections to issue bonds in Graded School, 122 S. W., 510. Section 157, of the Constitution, makes void any indebted- ness incurred by the board of trustees of a graded school dis- trict, in any year, which is in excess of the income and rev- enue provided for such year, without the assent of two-thirds of the voters of such district. Only the excess of indebtedness attempted to be created by the board of trustees of a graded school district, over and above the income and revenue for the year, is void. Flanders, etc. v. Board, etc., 170 Ky., 627. 161. ( 4481* Ky. St.) Tax to Pay Interest on Bonds and Provide a Sinking Fund. And for the purpose of meeting the inter- est on such bonds and creating a sinking fund for the payment of the principal thereof, the board of trustees of their respective dis- tricts where the issue of such bonds is voted, are authorized and empowered to levy annually a tax in addition to that already voted, which shall not increase the tax rate for school purposes in their respective districts to more than seventy-five cents on each $100.00 worth of taxable property within the district. (See notes to Sec. 165.) OPINION OF THE ATTORNEY GENERAL If the assessor follows the requirements of section 4054 Kentucky Statutes his tax books will show all tne taxable property in each graded school district because each graded school district is a taxing district, and the property in each taxing district must be kept separate. In taking the list the assessor should make each schedule so as to show in what justice's district the property is located and should also make each schedule so as to show the graded school district in which the property is located. A person owning property in and out of a graded school district. He should make two. On one should re listed the property within the graded school district and on the other should be listed the property out- side the graded school district. And it is the duty of the assessor to perform this work without extra compensation. 162. ( 4481* Ky. St.) Bonds Description of. The said bonds may be of any denomination, in even hundreds, not exceeding one thousand dollars each, running not exceeding thirty years and bearing interest not exceeding six per cent, per annum, payable annually or semi-annually as expressed in s'aid bonds payable to bearer with interest coupons attached. GRADED SCHOOLS TAXATION. 75 163. ( 4481* Ky. St.) Bonds to be Signed by President of Board. (1) The said bonds shall be signed by the president of the board of trustees and attested by the secretary thereof, shall pass by delivery, and shall be redeemable 'at the option of said board. (2) Said bonds shall be sold by the trustees or their author- ized agent, for the highest price obtainable, but for not less than their face par value and accrued interest, and the proceeds paid over to the treasurer and applied to the uses and purposes contemplated in this law. DECISION OF THE COURT OF APPEALS. After the board has once exercised an option and deter- mined when the bonds shall be redeemed, it can not there- after exercise another option and fix a different time for re- demption. Snyder, etc. v. Board, etc., 144 Ky., 256. 164. ( 4481a Ky. St.) Provisions of Section 160 Applied to All Districts. (1) All the rights and powers as to issuing bonds and levying taxes to pay the principal and interest of same mentioned in sections 160-163 of this act as amended by the act of the General Assembly, approved March 12th, one thous'and eight hundred and ninety-six, Acts 1896, chapter 4, and for the purpose therein men- tioned, are hereby applied by and conferred upon all graded com- mon schools, maintained by any- city of the fifth or sixth class, or any town or school district organized by virtue of a special act of the General Assembly. (2) The election is to take the sense of the voters 'as to issuing of said bonds and levying of said taxes to be held by the board of trustees as provided in said act of one thousand eight hundred ninety- six. DECISION OF THE COURT OF APPEALS. Calvert v. Brock, etc., 142 Ky., 833. 165. ( 4482 Ky. St.) Tax That May be Levied Sinking Fund. (1) The board of trustees of any graded common school dis- trict where the tax has been voted shall cause to be levied and col- lected an annual ad valorem tax, in any sum not exceeding the amount voted for in said district under the provisions of this law, upon each one hundred dollars' worth of property of every kind and character, having value and owned by any white person, company or corporation, subject to taxation within the limits of said graded common school district; or shall cause to be levied annually a poll tax in any sum not exceeding the amount voted in said district under this law, on each white male citizen residing within the limits of any graded common school district, over twenty-one years of age, or both ad valorem and a poll tax, if so voted at the said elec- tion. Provided, no levy shall be made under the provisions of this 76 KENTUCKY SCHOOL LAWS 1916. law later than the close of the fiscal year in which the last county assessment shall have been made. (2). The board of trustees shall, out of collections under each levy, by order, set apart out of the collections under each levy, a sufficient amount to pay interest for the year on any bond issued, and the treasurer shall pay same; and, in addition, shall, out of the several levies, until entire payment of such bonds, set aside a suffi- cient amount as a sinking fund, when aggregated, to meet the prin- cipal of the bonds at maturity, which sinking fund shall be kept loaned with ample security, or profitably invested, and shall be used for no other purpose than the payment of principal of such bond. But if the board so order, the sinking fund, or any part thereof, may be used in the purchase of such bonds before maturity, except a sufficiency to pay interest on the outstanding bonds. Provided, That after July 1, 1914, any graded common school which has been regularly voted and organized, and which does not levy as much as fifty cents on each hundred dollars' worth of taxable property, shall have the power, and their charters are hereby amended so as to empower them to levy any rate of tax for operating expenses, not to exceed fifty cents on each one hundred dollars' worth of taxable property, and one dollar and fifty cents poll tax, and that their boards of education be and the same are hereby authorized to exer- cise this power, when, in their judgment, the demands of the school make it expedient, 165a. The trustees in any graded school district in this State when it is deemed necessary to raise an amount above that which may be raised by a levy of fifty cents on each one hundred dollars' worth of taxable property and one dollar and fifty cents poll, may levy an additional tax not to exceed twenty-five cents on each one hundred dollars' worth of taxabla property in the district, for the purpose of maintaining the school and erecting and repairing buildings. Such tax may be levied at any time before the close of the fiscal year in which the last county assessment shall have been made, and a record of such levy shall be entered on the records of said trustees, and show the amount thereof and the number of years for which same is to run, and shall be collected in the same manner as other taxes in graded school districts. (See notes Sees. 129, 169.) APPEALS. tax at the limit e not exceed- faven, etc. v. GRADED SCHOOLS TAXATION. 77 OPINION OF THE ATTORNEY GENERAL. Graded school districts are entitled to collect taxes on all property listed for taxation within the district as of the first of September. 166. ( 4482 Ky. St.) Assessment and Collection of Tax- Duties of Officers. The assessment of property, the collection of taxes, powers and duties of trustees and other officers in graded common school districts, shall be governed by section 135 of this act. (See notes Sec. 161.) 167. ( 4486 Ky. St.) Tax Election May be Held Every Two Years. If it be found that a majority of the votes cast upon the said proposition in the election provided for in section 136 of this act to be cast against said tax, then the said tax shall not be levied or collected. But the question of voting the said tax may, after the expiration of two years from the first or any subsequent vote, be again submitted to the legal voters of said district upon the con- ditions and in the manner prescribed for the first vote. 168. ( 4497* Ky. St.) Tax Assessment and Collection of. The tax so imposed shall be collected on the assessed value of the property in the district as ascertained by the assessment made for State and county purposes next preceding the collection of the tax, and may be collected by the sheriff of the county or by a collector ap- pointed for that purpose by the board of trustees; and the collector or sheriff shall have the s'ame power in the collection of such tax as he has in the collection of a State tax, and the same penalties shall be added for a failure to pay the same, and it shall be collected at the same time and in the s'ame manner as the State tax, and the same compensation shall be paid for its collection as is paid for collecting the State revenue. 169. ( 4493* Ky. St.) Tax to Pay Interest and Bonds When Levied. The annual tax for the payment of the interest and principal of said bonds shall be levied on the second Monday in May of each year; and when paid over to the treasurer of the board, he shall at once apply the same to the payment of the interest, and principal of the bonds as required by the board. When the bonds and interest are paid the tax shall not be levied or collected nor shall the trustees, or any of them receive any compensation for their services under this law. (See Sec. 129 notes.) 170. ( 4492*, 4499* Ky. St.) Settlement of Accounts. The collecting officer and the treasurer of the board of trustees shall settle their accounts with the board on or before the first Monday in Jan- uary each year, and the board may require them to state their ac- counts as often as once every three months. 171. ( 4498*, 4499* Ky. St.) Collectors Must Give Bond. No tax collector appointed under the provisions of this act shall com- mence the discharge of the duties of his office until he has appeared In the county court of the county, in which the graded school is 78 KENTUCKY SCHOOL LAWS 1916. situated, and taken the oath of office and executed with good securities, a bond similar to that prescribed by law for other tax collectors. 172. ( 4490*, 4494*, 4495*, 4500* Ky. St.) Bonds May be Issued by Trustees to Pay Off Old Debts or to Refund Old Bonds. The board of trustees of graded schools maintained by the taxa- tion and designed for the education of children residing within cer- tain boundaries, may, in c'ases where the tax now imposed in such districts is not sufficient for the expenses of the school and to pay off former obligations, issue the bonds of such districts for an amount sufficient to meet the indebtedness, and impose annually a tax of not exceeding twenty-five cents on each one hundred dollars' worth of property in the district, in addition to the tax now im- posed in such districts to pay the bonds issued and the interest thereon. The bonds alluded to in the preceding paragraph, which trustees may issue, shall be issued for any of the following purposes, namely: (1) to pay for school buildings which have heretofore been com- pleted, but not paid for; (2) to pay for school buildings, grounds, school furniture, apparatus, and to pay any debts that the trustees of the district have contracted in establishing and furnishing the s'ame; (3) to refund bonds that were issued prior to the adoption of the present constitution, by the authority of special laws, and have matured without being paid; (4) to refund bonds issued by former boards of trustees of the district and which bonds are still outstanding and bearing a high rate of interest; provided that the said refunding bonds shall not bear a higher r'ate of interest than five per centum and shall run not less than twenty years. 173. ( 4499* Ky. St.) Bonds Issued by Board of Trustees to Conform to All Regulations Governing Bonds Voted by the People. The said bonds issued by the board of trustees of a graded common school district to pay off old debts or to refund old bonds shall be governed in all respects by the same laws governing bonds issued by the board of trustees on a vote of the people. 174. Bonds Issued by a Majority of Board. The said bonds shall be issued by order of a majority of the board of trustees, and no part of the proceeds of the sale of such bonds shall be' used for any purpose other than the purpose or purposes for which said bonds were issued. 175. ( 4490* Ky. St.) Bonds of Like Schools to Graded Com- mon Schools. The foregoing provisions relating to the issue of bonds by boards of trustees shall apply as well to like schools under the authority and management of a board of education or other authority of a district, town or city. 176. ( 4499* Ky. St.) Trustees May Collect Tax and Pay Debt. That in the event trustees do not desire to issue bonds, they shall collect the taxes provided for in the previous sections and GRADED SCHOOLS TAXATION. 79 apply the s'ame, after paying cost of collecting, to the discharge of the indebtedness, pro rata, from year to year, till all the said debts are paid; and if, after making final levy and paying the debts, there is a residue, it shall be turned over to the district treasurer and become common funds of the district. But excepting the residue mentioned in this section, no part of the taxes or proceeds of bonds herein provided for shall be used for any other purpose than pay- ing cost of collecting and the debts contracted by the trustees prior to the time of levying the first year's tax provided for in this chap- ter. 80 KENTUCKY SCHOOL LAWS 1916. CHAPTER XII. TEACHERS. 177. ( 4501 Ky. St.) Teachers' Certificates Grades Exami- nations Grades of Certificates Subjects Dates of Examination. (1) There sh'all be three grades of certificates issued to teachers of common schools; first, a State teacher's diploma; second, State teacher's certificate; third, a county certificate, which may be first class or second class. (2) Before any person shall be qualified to teach in any common school, such person shall obtain one of these three grades of certifi- c'ates. (3) The State Board of Examiners shall carefully prepare three series of questions for white teachers and an equal number for colored teachers, all of the same grade; shall enclose in an envelope such number of questions of each given series as the County Superin- tendent shall make requisition for, at least twenty days before the examination, with the name of the subject plainly written or printed across the seal thereof; shall enclose -the several envelopes in a package, which they shall seal and forward by registered mail to each County Superintendent at le'ast one week before the examina- tion, designating on the outside of the package the month and the date for which the same shall be used. (4) The County Superintendent shall carefully preserve the said package of questions under seal until the hour of examination; and the seal of the said p'ackage shall then be examined by the other examiners and the applicants for certificates and the package shall then be opened in their presence. (5) Immediately after examining the package of questions, each of the county examiners shall, under his oath as an examiner, upon blanks furnished for that purpose by the Superintendent of Public Instruction, give a separate certificate, with signatures, attested to by two reliable witnesses, that he had personally inspected said package, and whether he had found the s'ame intact as provided herein, and forward the certificate to the Superintendent of Public Instruction on the same date. (6) Separate certificates shall be made and forwarded for State and county certificate examinations. (7) There shall be two examinations held in each county of the State annually, for a State certificate on the third Friday and Satur- day in June and September. There shall be three examinations held for white teachers in each county of the State on the third Friday and Saturday in May, June and September of each year, and three for colored teachers upon the fourth Friday and Saturd'ay for the TEACHERS EXAMINATION. 81 same months, and no examinations for either State or county certifi- cates shall be held at any other time whatever. (8) No certificate shall be issued upon the dates of the exami- nations nor shall 'any answer be passed upon in the presence of any of the applicants. (9) The examiners shall exclude from the room during the exam- ination all persons other than applicants and see that the applicants are seated at the proper distance from each other and shall see that no assistance is given or obtained by any applicant during the examination, and shall refuse to grant a certificate to any applicant who may either obtain or give such assistance. (10) The examiners shall allot a reasonable time for the exami- nations on each subject, taking the subjects in the following order: I, spelling; 2, reading; 3, writing; 4, arithmetic; 5, grammar; 6, English composition; 7, geography; 8, physiology and hygiene; 9, civil government; 10, United States History and Kentucky History; II, theory and practice of teaching; and shall collect the answers of all applicants when the time allotted has expired and no {additional subjects shall be given until the answers to the previous subjects have all been collected. (11) The County Superintendent and at least one of the exami- ners shall be present and shall conduct all examinations and sign all certificates (12) No certificate shall be granted to any person who indulges in drunkenness, profanity, gambling or licentiousness or who is otherwise unfit to be a teacher. (Certificates to pupils completing course of study, Sec. 7, See Sees. 74, 182, 184, 186, 187 notes.) 178. ( 4502 Ky. St.) State Diplomas Granting and Effect- Fee. (1) State diplomas may be issued by the State Board of Exam- iners after a personal examination held at the State Capitol on the last Wednesday of July of each year, upon the subjects embraced in the common school course of study and also upon the science and art of teaching, psychology, English literature, algebra, high arithmetic, geometry, physics and elementary Latin. (2) In order to be entitled to a State teacher's diploma, the ap- plic'ant in addition to attaining on the required examination an aver- age grade of not less than ninety per centum, the lowest grade on any subject being not less than seventy per centum, shall be at least twenty-four years old, shall have taught in the State at least two years, and shall present satisfactory evidence of unexceptionable moral character. (3) A State diploma shall be good in all schools throughout the State maintained wholly or partly by the State, until revoked by the Superintendent of Public Instruction, or until the holder shall fail for five successive years to be engaged in active school work. It shall qualify the holder for eligibility as candidate for the office of Counjy Superintendent of Schools, and may for cause be revoked 82 KENTUCKY SCHOOL LAWS 1916. by any County Superintendent, subject to the approval of the State Board of Education, as far as it 'applies to his county, of which im- mediate information shall be given to the Superintendent of Public Instruction. Said diploma shall be impressed with the seal of the State Board of Examiners, and the fee of the applicant shall be five dollars, which shall be paid to the two members, who, with the Superintendent of Public Instruction, compose the State Board of Examiners. (See Sec. 185 notes.) 179. ( 4502a Ky. St.) State Board of Education High School Certificates Granted by. That the State Board of Education of Kentucky shall have power to determine the qualifications of and issue certificates to te'achers to teach in the public high schools of Kentucky, through the State Board of Examiners, on such examina- tions as may be held under such rules and regulations as the State Board of Education may prescribe for said State Board of Exami- ners, and that the State Superintendent of Public Instruction may validate for extension during a term of years the certificate of any person holding such a high school certificate as prescribed by sec- tions 180, 181, 182, 183 and 184 of this act. (See Sees. 7, 177, 185 notes.) 180. ( 4502a.-l Ky. St.) Certificate Valid During Good Be- havior State Superintendent May Revoke. (1) The validation and extension of the said certificate may be made during good behavior of the holder on condition that after the proper investigation the State Board of Education, may in their judgment find that the holder of said certificate has attended professional schools and improved himself in the arts and methods of te'aching to the satisfaction of said State Board. (2) The State Superintendent shall have power to revoke at any time, for cause, any such certificate. 181. ( 4502a-2 Ky. St.) Higher Institutions in State or Out to be Recognized Standard of Works. The State Board of Educa- tion may, on the application of an institution of higher learning, whether within or without the State, that is not conducted for pri- vate gain, inspect such educational institutions, investigate their work, standards and courses of study, and in its own discretion, grant certificates to the students of such institutions, giving them the right to teach in the high schools of Kentucky. Such certificates shall be issued upon evidence furnished by the applicant for the work and attainments accomplished in said institutions by the appli- cant. No such certificates shall be given for any work done in such institutions of a lower amount or standard than that required for similar certificates issued by the State Board of Ex'aminers, or granted to the students of the State University of Kentucky and the State Normal Schools of Kentucky. 182. ( 4502a-3 Ky. St.) Teachers' Certificates in Other States Recognized. The State Board of Education shall have the TEACHERS EXAMINATION. 83 power to recognize and validate teachers' certificates of other states which shall not be of a lower standard than the State certificate of Kentucky, and they shall have power to approve or disapprove such certificate of qualification as may be recognized by County Super- intendents and County Bo'ards of Education in this State. (See Sees. 177, 187.) 183. ( 4502a-4 Ky. St.) First Class County Certificates May be Validated in Other Counties. (1) The State Board of Education shall have the power to approve the validation by the County Super- intendent and County Board of Education of any county of any cer- tific'ate issued 1 in any other county of a grade not lower than first class. (2) Any teacher holding such a certificate in one county of this Commonwealth shall have the right to teach in any other county of the Commonwealth on such certificate when such certificate has been validated in said county by the County Superintendent and County Board of Education, subject to the approval of the State Board of Education. OPINION OF THE ATTORNEY GENERAL. In cases of emergency, the County Board of Examiners can validate the certificate for a limited time; but unless an emergency exists, the validation is made by the County Board of Education, subject to the approval of the State Board. The right of the County Board of Examiners to validate a certificate depends upon the existence of an emergency and their validation is limited to one year. A county certificate granted by the Board of Examiners in one county cannot be validated in another county, except in cases of emergency. 184. ( 4502a-5 Ky. St.) Teachers of Twenty Years' Exper- ience. The State Board of Education, in their discretion, shall have the power to extend for life, teachers' certificates of such teachers who have had as many as twenty years of successful experience teaching in the common schools of this State, provided that no such certificate shall be of a lower class than the first class. 185. ( 4502 Ky. St.) State Board of Examiners Certificates by Examinations State Certificates. (1) A State teacher's certifi- cate may be granted by the State Board of Examiners upon the recommendation of the county board of examiners, after a written examination held in the county of the applicant's residence, or on a personal examination before the State Board of Examiners at the State Capitol, said applicant attaining an average grade of at least ninety per centum, the lowest grade upon any subject being not less than seventy per centum, upon the subjects embraced in the com- mon school course of study, and also upon English literature, elemen- tary algebra, high arithmetic and the science and art of teaching. In order to be entitled to a State certificate, the applicant in addi- tion to passing the required examination, shall be at least twenty- one years old, 'and shall have had two years' experience in teaching. 84 KENTUCKY SCHOOL LAWS 1916. Examinations for State teachers' certificates shall be held in all counties of the State on the third Friday and Saturday of June and September each year, and the questions for the examinations shall be forwarded by the State Board of Examiners with the questions for the June and September county examinations, at the same time and in the same package, be preserved and opened at the same time as the questions for county certificates. The applicants for State certificates shall be examined on the same days upon which the applicants for county certificates are examined in June and Sep- tember and immediately upon the close of the examination for State certificates, the County Superintendent sh'all collect the papers of each applicant for State certificate, preserve them from all inspec- tion and immediately forward them to the State Board of Examiners, with the recommendation that the certificate should or should not be granted. No applicant shall be examined for a State certificate unless the said applicant is known to the County Superintendent to possess an unexceptionable moral character and to possess the age and experience herein required. (2) The County 'Superintendent shall enclose with the answers a written statement, signed and sworn to by at least two members of the county board of examiners, that the examination had been held in strict accordance with the law and that the applicant had not either directly or indirectly received any assistance, and that the moral character of the applicant was unexceptionable. If the answers were deemed sufficient, and the recommendation of the County Board of Examiners is favorable, the State Board of Exam- iners m'ay issue a certificate, and shall entitle the holder to teach in any school of the State for a period of eight years, unless re- voked by the Superintendent of Public Instruction unless the holder shall fail for two successive years to be engaged in active school work. (3) At the expiration of the time for which it was granted, if it shall not have been revoked by the Superintendent of Public In- struction and if the holder shall not have failed for two successive years to be engaged in active school work, a State certificate may be renewed for another eight years by the State Board of Examiners, without additional fee, provided the county board of examiners for the county where the holder at the time resides recommends the re- newal of said certificate, stating that the applicant is of good moral character and that said applicant has not failed for two successive years to be engaged in active school work. In no case shall any State certificate be valid for a period longer than sixteen years. (4) Any County Superintendent may, for cause, revoke a State certificate as far as it applies to his county, of which immediate information shall be given to the Superintendent of Public Instruc- tion and be subject to his approval. TEACHERS CERTIFICATES. 85 (5) A State certificate shall be impressed with the seal of the State Board of Examiners and the fee charged the applicant shall be four dollars, besides the registration fee for forwarding the an- swers, of which one dollar shall be paid to the county board of examiners. The proceeds of the fees for examination for State certificates shall be divided between the two professional members of the State Board of Examiners, in proportion to the services ren- dered by them. (See Sec. 65 notes.) DECISION OF THE COURT OF APPEALS. A letter written by a County Superintendent to Super- intendent of Public Instruction is not an "Absolutely privi- leged communication." Tanner v. Stevenson, 138 Ky., 678. 186. ( 4502 Ky. St.) County Certificates. (1) County cer- tificates shall be first class and second class, and shall be valid for four years and two years respectively. (2) No county certificate shall be valid in any county other than the one in which it is issued, except that in cases of emerg- ency a first class certificate issued in one county may be validated in another county by the county board of examiners for a period of one year. (3) No certificate of the second class shall entitle the holder to teach in any school or district reporting seventy-five or more pupil children. (4) A county certificate of the first class shall require an (aver- age grade of eighty-five per centum upon all the subjects in the common school course and upon the science and art of teaching, and the lowest grade on any subject shall not be less than sixty- five per centum. (5) A county certificate of the second class shall require an Average grade of seventy-five per centum and the lowest grade on any subject shall be not less than sixty per centum. (6) If at any time the holder of a county certificate shall be found incompetent, inefficient, immoral or otherwise unworthy to be a teacher, the County Superintendent shall revoke the certificate of such person; and no teacher whose certificate has been revoked shall be entitled to receive payment for services only up to the time of revocation. (7) No person shall be entitled to receive a county certificate of either class who was not eighteen years of age prior to the date of the examination. (8) Nothing in this act shall be construed to require any teacher now holding a State diploma, State teacher's certificate or county certificate to be re-examined until the expiration of said certificate. (9) A person having taught for eight consecutive years in the same county under first class certificates may have the last one re- newed for a period of four years by the County Superintendent, who 86 KENTUCKY SCHOOL LAWS 1916. shall write upon it "renewed," signed officially and give the date of such renewal. When a certificate has been renewed one time the teacher shall again receive two first class certificates as stated above before it can be renewed a second time. (See Sees. 74 and 183 notes.) DECISION OP THE COURT OP APPEALS. A holder of a third class certificate not entitled to teach as an assistant in district reporting fifty-five or more pupil children. Flanary, etc. v. Barrett, 146 Ky., 712. Unquestionably under our statutes the county board of examiners have discretion powers in granting or withholding teachers' certificates upon the question of moral fitness of the applicant, and unless they act arbitrarily and in abuse of their discretion mandamus will not lie. Crawford v. Lewis, etc., 170 Ky. 589. OPINION OF THE ATTORNEY GENERA!.. If a teacher has taught in the same county for eight consecutive years, under first class certificates, he may have the last of such certificates renewed each year for four years, but no longer than that. 187. ( 4502 Ky. St.) State Board to Validate Foreign Certifi- cates. The State Board of Education of Kentucky is hereby author- ized to inspect and validate for Kentucky State diplomas and State certificates of other states on the reciprocity plan. (See Sees. 177, 182.) 188. ( 4504 Ky. St.) Record to be Kept by Teachers Facts to be Recorded in. (1) It shall be the duty of each teacher of a common school to keep such register of the school as the State Superintendent may require of and furnish to him as needed, through the County Superintendent. The teacher's register shall be the prop- erty of the subdistrict; shall be systematically graded for at least four years' work; shall be well preserved, without mutilation or use- less marking; shall be in the care of the teacher during the school term, and at the close thereof, sh'all be delivered to the subdistrict trustee, who shall be responsible for it, and deliver it to the teacher at the opening of the next school term, and it shall be open at all times to the inspection of the trustees and the County Superintend^ ent. The section allotted to each year shall be divided into two parts, designated as monthly summary and term summary. The monthly summary shall show the day of the week and day of the month upon which the term began; the day of the week and of the month of each day taught; the number of pupils enrolled; the num- ber in attendance each day; the n'ame, sex and weekly standing of each pupil in each subject, and such other facts as the Superin- tendent of Public Instruction may desire. (2) On the last day of each month taught, the teachers shall sum up and place at the end of the record for the month the facts herein required to be kept, with the d'ay of the week and month on TEACHERS RECORD TO BE KEPT. 87 which the school month closed; the highest and lowest number of pupil children in attendance and the average percentage of the at- tendance of the whole number of children in the district. (3) The term summary shall show the monthly statement made at the end of each month, the percentage of the enrollment of the whole number of pupil children in the district, the highest, lowest and average number of children in attendance, the average per cent- age of the children in attendance, the number of pupils in each class, the name of the text-book used in each class, the point reached by each pupil in each book at the close of the term, the names of all the pupils that should be adv'anced, the class of the teachers' certifi- cate, his average monthly salary, and such other facts as may be required in the register. (See Sec. 189, 34, 112.) 189. ( 4505 Ky. St.) Reports by Teachers Blanks Furnished Duty of Chairman, Subdistrict Trustee and Teacher Penalty. (1) The Superintendent of Public Instruction shall provide for each teacher a blank monthly report for each month to be taught, and 1 also a blank term report. At the end of each month taught the teacher shall fill the monthly report of that month from the facts summed up in the monthly summary of the register, and shall pre- sent the monthly report to the subdistrict trustee, who shall care- fully examine it, and if found correct he shall fill out and sign a certificate "attached to the monthly report, certifying that the month has been legally taught; and upon the chairman of the division board's certificate the teacher shall draw his salary from the County Superintendent for the month so certified, after the monthly report has been duly delivered to the County Superintendent. (2) Within ten days after the close of the last month of the term, the teacher shall make out the term report from the term summary in the register; shall present the term report, the last monthly report and the teachers' register to the subdistrict trustee, who shall carefully inspect them and approve the reports, if correct. Said term report shall then be presented to the chairman of the division board; and, if found correct, he shall sign a certificate at- tached to said term report, which shall then be delivered to the County Superintendent. (3) Nothing herein shall be construed to prevent a subdistrict trustee or a chairman of the division board from certifying to, or a County Superintendent from paying for, a fraction of a month in any case in which the teacher, from sickness or other disability, shall be unable to continue the school. (4) Any teacher who shall make a false monthly or term report, or any subdistrict trustee or chairman of a division board who shall give a certificate of a month or months taught before he has care- fully examined and approved the report of each month, or any County Superintendent who shall make a payment upon a teacher's salary, except upon the certificate of the subdistrict trustee and chair- 88 KENTUCKY SCHOOL LAWS 1916. man of the division board shall be guilty of a misdemeanor, and, on conviction, be fined fifty dollars for each offense. (See Sec. 95.) 190. ( 4506 Ky. St.) Teachers Duties Removal by Super- intendent Power Over Pupils Appeal. (1) The teacher shall faith- fully enforce in school the course of study, the use of the text-books adopted in the county, and the regulations prescribed in pursuance of law; and if any teacher shall willfully refuse or neglect to comply with such regulations, the division board may remove him, at any time, subject to the approval of the County Superintendent; and in case of such dismissal or removal, the said teacher shall receive pay- ment only for the time taught. (2) The teacher is authorized and directed to hold each pupil to a strict accountability for any disorderly conduct on the play- ground, or during any intermission or recess, or on the road to and from school; and for good c'ause he may suspend any pupil; but such suspension shall be immediately reported, in writing, to the subdistrict trustee. In cases of suspension, the action of the teacher shall be final unless reversed by the trustee. Either party may appeal from the decision of the subdistrict trustee to the County Superintendent, whose decision shall be final. (3) But no teacher shall be required or under any obligation to teach any other th'an the common branches prescribed by the State Board of Education in the common schools, unless it shall be so specified in a written contract with the division board. (See Sees. 5, 151, 119; notes to Sec. 55.) DECISION OF THE COURT OF APPEALS. For unlawful dismissal a teacher may maintain an action for damages against the County Board of Education, but the extent of the liability is the amount of salary due under the contract and where on an appeal to the Court of Appeals the amount due is only 1132.50 the appeal will be dismissed. Educational division of a district not being incorporated, can not be sued, but the trustees of such division may be sued. The County Board of Education and the trustee of a school may not be joined as parties defendant. Mock v. County Board, etc., 145 Ky., 715. Under this section a teacher is not required to teach higher branches without a special contract and receives tui- tion from the pupils studying same. Mayor v. Cayse, etc., 98 Ky., 357. TEACHERS' INSTITUTE. 89 CHAPTER XIII. TEACHERS' INSTITUTE. 191. ( 4507 Ky. St.) Organization and Holding of Penalty for Failure to Hold. (1) It shall be the duty of each County Super- intendent to organize, and cause to be held annually, a teachers' in- stitute for the normal instruction, improvement and better qualifica- tion of the teachers in his county. (2) The institute shall occupy not more than six days, and shall be held between the first day of July and the first day of November. (3) The Superintendent of Public Instruction and the two pro- fessional members of the State Board of Examiners shall constitute a committee on program to prepare and place in the hands of each County Superintendent, not later than June first of each year, a pro- gram of the work of the institute, and a syllabus of each subject of instruction. The program and syllabus shall be furnished each mem- ber of the institute, and shall be faithfully and efficiently carried out. (4) Any County Superintendent, who shall willfully fail or neg- lect to hold the annual institute as prescribed in this article, shall be fined fifty dollars. (Colored See Sec. 208.) 192. ( 4508 Ky. St.) Instructors May be Employed. Each County Superintendent of the State may employ one or more able and experienced institute instructors to direct each institute held by him, and to instruct the teachers thereof. 193. ( 4509 Ky. St.) State Convention of Institute Workers May be Called. (1) Beginning in 1894, the Superintendent of Public Instruction may, annually, call all of the professional institute work- ers of the State into institute convention at the State Capitol, dur- ing the month of May, for the purpose of better organization and more effective management of institute work. (2) At the said institute convention, the whole subject of in- stitute work shall be thoroughly discussed and the best plans for prosecuting it throughout the State shall be adopted and used in all counties. The said institute convention may suggest to the com- mittee on programs; principles, subjects "and methods for incorpora- tion in the program syllabus. 194. ( 4510 Ky. St.) Teachers to AttendPenalty for Non- Attendance Excuse Duty of Superintendent. (1) Every teacher of a common school, including teachers of the graded common schools in cities of the fifth and sixth classes, who hold a State diploma, State certificate or county certificate, or who contemplate applying for la certificate of qualification to teach in the common 90 KENTUCKY SCHOOL LAWS 1916. schools, shall attend the full session of the institute in his home county, unless he is teaching in another county in which the institute is yet to be held, or has attended the institute of a county in which he has a contract to teach. (2) If teaching in a county other than his home county, whose institute is yet to be held, he must attend the full session of the latter. (3) The County Superintendent shall revoke the certificate of any te'acher who shall fail or neglect to attend the full session of the institute, unless the superintendent shall be fully satisfied that such failure has been caused by actual sickness or other disability. (4) After the county institute has been held, it shall be unlaw- ful to grant any person a certificate to teach at any time during th'at school year, unless the said person shall have attended the full session of the institute of that or some other county during that school year, or unless the County Superintendent shall be fully satis- fied that the failure to attend the institute has been caused by sick^ ness or other disability. (5) During the institute, there shall be a suspension of all the schools that are in session, but no reduction of the teacher's salary shall be made on account of such suspension. (6) The time of actual attendance upon the institute in days and parts of days shall be accredited to the teacher, if institute be held during the session of his school. (7) At the close of the institute, the County Superintendent shall give to each teacher or other person in attendance a certificate of the number of days and parts of days that the teacher or other person has attended, which certificate of attendance shall be filed by the teacher with the chairman of the division board of education of the district, who shall make report thereof to the County Super- intendent at the time of reporting the school. OPINION OF THE ATTORNEY GENERAL. School is in session within the meaning- of this section when the teacher is obligated by the terms of the contract to beg-in school. And if the school is to beg-in on the same day the institute is to begin the teacher is entitled to count the time that she was in actual attendance upon the insti- tute. 195. ( 4511 Ky. St.) Joint Institutes Instructors To be Engaged. Any adjoining counties, not exceeding four in number, may combine and hold a joint institute; Provided, the County Super- intendents of all the counties concerned shall agree upon the plans necessary to the purpose; that each of them shall attend the full session of said joint institute, and keep the record provided in Sec- tion one hundred and ninety-six of this act, and that at least two able and experienced instructors are employed, if more than two counties are combined. TEACHERS' INSTITUTE. 91 196. ( 4512 Ky. St.) Superintendent to Attend Publication of Proceedings Fee Paid by Teachers. (1) The County Superintend- ent shall be present during the entire session of the institute; shall have the roll called every morning and afternoon; shall keep a strict daily register of the presence, absence and tardiness of the teachers and other members, and of the exercises of the institute, and after the close thereof, shall have the proceedings printed in one or more newsp'apers. (2) He may collect two dollars, but in no case shall he collect less than one dollar, from each teacher or other person in attend- ance on the institute, except honorary members, and twenty-five cents of the sum so collected from each person shall be paid into the county library fund. From the fees collected from the teachers and other persons in attendance the County Superintendent shall pay all the necessary expenses of the institute. (3) The proceedings shall be published in such local papers as will do this without charge, and one copy shall be forwarded to the office of the Superintendent of Public Instruction. (4) Any residue, after the payment of institute expenses, shall also be paid the county library fund. (5) In case of a joint institute, any surplus fund shall be pro- rated among the counties concerned. 197. ( 4513 Ky. St.) Notice of Time and Place of Meeting. (1) In selecting the proper place for holding the teachers' insti- tute, the County Superintendent shall decide with reference to the convenience and accommodation of the place, and shall endeavor to make such arrangements as he best can for economizing and reduc- ing the expenses of te'achers while in attendance. (2) He shall, twenty days before the institute begins, notify by mail, the trustees of his county of the time and place of holding it; and it shall be the duty of each trustee to notify promptly every teacher in his school subdistrict. The County Superintendent shall likewise direct the trustee of each subdistrict to post notices thereof. 198. ( 4514 Ky. St.) Normal Instructors May be Employed How Paid. The Superintendent of Public Instruction may, when re- quested by a County Superintendent, recommend able and experienced normal instructors to conduct the teachers' institute, whose pay shall be derived from and paid by the County Superintendent out of the funds raised from the teachers and other members of the institute. 199. ( 4515 Ky. St.) Subject of Instruction. At each session of the institute, every subject embraced in the common school course shall be brought before the institute, illustrated and discussed, and every feature of school organization and school management, together with the whole work of the teacher, shall be considered, and the com- mon school laws of the State read and expounded. 92 KENTUCKY SCHOOL LAWS 1916. 200. ( 4516 Ky. St.) County Teachers' Associations Organi- zation and Meetings. (1) During the session of the institute there shall be held a County Teachers' Association and one hour in the afternoon or night meetings shall be daily set apart for this purpose. The association may be composed of all the officers and teachers of common schools present, and shall be called together by the County Superintendent, who shall be ex-officio president. The object of such association shall be, primarily, to discuss and devise the best ways and means of promoting the interest of education, the improvement of teachers, and the methods of teaching, and especially to devise means for securing better school houses, better attendance, and local aid for common schools. The said association shall be a permanent organization, with one vice president for each magisterial district to be elected or appointed; and shall hold at least one meeting in each magisterial district, besides the meeting at the institute, during the first six months of each school year. (2) Every teacher shall attend at least the meeting held in the magisterial district in which he shall teach, and upon failure to do so, shall teach an additional day during the school month following such failure, unless he shall satisfy the County Superintendent that such failure was caused by sickness or other actual inability. (3) The County Superintendent shall attend each meeting of the association and shall prepare or have prepared a program of the exercises therefor. 201. ( 4517 Ky. St.) Report of County Superintendent. The County Superintendent shall, at the time of making his annual report to the superintendent, also report the time and place of holding the teachers' institute, the name of the person or persons conducting the same, the number of persons registered as in attendance, the sum col- lected by a fee from each person in attendance, the number of teachers of common schools in the county who did not attend the institute and teachers' association; and such other facts as he may deem of value and interest. (See Sec. 58.) COUNTY DISTRICT LIBRARIES. 93 CHAPTER XIV. COUNTY AND DISTRICT LIBRARIES. "202. ( 4518 Ky. St.) County Library Where and by Whom Kept Funds for. There shall be a county teachers' library in each county of the Commonwealth, to be kept under the care and in the office of the County Superintendent, for the exclusive use and benefit of the teachers of the county. The sums collected for the purpose at each annual institute, and all sums added thereto by donation, shall constitute the county library fund, which shall be kept and accounted for by the County Superintendent. 203. ( 4519 Ky. St.) Library Committee Who Constitute. The County Superintendent, as chairman, and two persons annually elected by the county institute, shall constitute a library committee, for the selection and purchase of books, periodicals and furniture, and for the adoption of rules for the management of the library under the regulations of the State Board of Education. The Superintendent of Public Instruction shall supply each of these libraries with a bound copy of each edition of the school law, of his biennial reports, and other publications of his department. The library committee shall keep a permanent record of its acts and accounts open at all times for the inspection of the teachers; and, through its chairman, shall annually report to the county institute an itemized statement of all sums received and expended; the number, names and cost of books; and other articles purchased; all donations of books and periodicals, with the names of the donors; the number of books belonging to the library; the number in the library; the number of loan, and such other facts as may be required; and, in his annual report to the Superin- tendent of Public Instruction, the County Superintendent shall state the sums received, the sums expended, the number of volumes in the library, and the increase during the year. 204. ( 4520 Ky. St.) District Library Organization and Man- agement. When by contribution, purchase or otherwise, forty vol- umes can be collected for such purpose, the subdistrict trustee may organize a district library in connection with the school of the sub- district, which shall be for the use of the subdistrict in which the same is located. They may make such suitable arrangements for keeping the books and periodicals of the said library as may be neces- sary, and may appoint a suitable person to take charge of the same, and to manage it according to such rules as they may prescribe, subject to the regulations prescribed by the County Superintendent. 205. ( 4521 Ky. St.) Trustees to Control Books That Shall Not -be Kept Regulations. The trustees shall have the same control 94 KENTUCKY SCHOOL LAWS 1916. over the library as over the other school property, may receive dona- tions of books, maps, charts and other works of interest. But no books of a sectarian, infidel or immoral character shall be placed in the library; and any such books found therein shall be removed by order of the trustees or of the County Superintendent. The library shall be free to all pupils of suitable age belonging to the schools of the subdistrict, but any resident of the subdistrict may become entitled to the privileges upon the payment of such sum of money for membership as the trustees may prescribe. (See Sec. 6 and notes.) COLORED SCHOOLS. 95 CHAPTER XV. COLORED SCHOOLS. 206. ( 4522 Ky. St.) Donation or Devise to By Whom Held. All sums arising from any donation, gift, grant or devise by any person whatsoever, wherein the intent is expressed that the same is designed to aid in the education of the colored children in this Commonwealth, or any county or school district therein, shall be held and used for the purposes specified in such donation, gift, grant or devise; and the Superintendent of Public Instruction, County Superintendent of Common Schools of the county, and County Board of Education shall receive such donation, gift, grant or de- vise for the benefit of the colored schools of the State or particular county or subdistrict, respectively, and shall hold and use the same as requested by the donor or devisor. 207. ( 4523 Ky. St.) Census of Pupils How and When Taken Designation of Districts. The number of colored children in each district, between the ages of six and twenty years, shall be taken and reported at the same time and in the same manner as re- quired by law for taking the census of white children. All colored districts shall be designated by letters in alphabetical order for each county, as District A, District B, and so on. (Colored Visitors See Sec. 107.) 208. ( 4525 Ky. St.) Teachers' Institute Organization of. The colored school officials and teachers shall be organized into teachers' institutes for themselves, in the same manner and to the same extent as provided for in sections 191 to 201, inclusive, of this act. (WhiteSee Sec. 191.) 209. ( 4526 Ky. St.) Penalties Prescribed Enforcement of. All duties which 'are required of any officer under this chapter shall be performed by them under penalties herein prescribed; and when no penalties are prescribed, then the officer failing to perform the duties imposed shall be guilty of a misdemeanor, and, upon in- dictment in the circuit court of the county in which said misdemeanor may occur, shall be subject to a fine in any amount, in the discre- tion of a jury, and the Superintendent of Public Instruction shall give information of all failures or neglect of duty which come to his knowledge to the attorney for the Commonwealth in the county in which the failure to perform or neglect of duty shall occur. The Superintendent of Public Instruction shall issue, as occasion de- mands, a circular letter to the circuit judges of the State, setting out the methods by which frauds have been committed against the 96 KENTUCKY SCHOOL LAWS 1916. State school funds, and other violations of the school law perpe- trated, and request that they call the attention of the grand juries to the same. SEPARATE SCHOOLS FOR WHITE AND COLORED. 210. ( 4526a Ky. St.) White and Colored Not to be Taught in Same College Penalty. (1) That it shall be unlawful for any person, corporation or association of persons to maintain or operate any college, school or institution where persons of the white and negro races are both received as pupils for instruction; and any per- son or corporation who shall operate or maintain any such college, school or institution shall be fined $1,000.00, and any person or cor- poration who may be convicted of violating the provisions of this act shall be fined one hundred dollars for each day they may oper- ate said school, college or institution, after such conviction. (2) That any instructor who shall teach in any school, college or institution where members of said two races are received as pupils for instruction shall be guilty of operating and maintaining same and fined as provided in the first section hereof. (3) It shall be unlawful for any white person to attend any school or institution where negroes are received as pupils or re- ceive instruction, and it shall be unlawful for any negro or colored person to attend any school or institution where white persons are received as pupils or receive instruction. Any person so offending shall be fined fifty dollars for each day he attends such institution or school: Provided, That the provisions of this law shall not apply to any penal institution or house of reform. (4) Nothing in this shall be construed to prevent any private school, college or institution of learning from maintaining a separate and distinct branch thereof, in a different locality, not less than twenty-five miles distant, for the education exclusively of one race or color. COUNTY HIGH SCHOOLS. 97 CHAPTER XVI. COUNTY HIGH SCHOOLS. (In Graded Schools See Sec. 136b.) 211. High Schools Concerning Duty of the County Board of Education. (1) Within two years after the passage and approval of tins act, there shall be established by the County Board of Educa- tion cf each county, one or more county high schools: Provided, There is not already existing in the county a high school of the first class. If such high school already exist, and if the County Board may be able to make such an arrangement with the trustees or board of education of said high school as will furnish to the pupils completing the rural school course free tuition in said high school, then said high school may be considered as meeting the purpose of this law without the establishment by the board of another high school. The County Board of Education in the Various counties shall have full power and authority to unite with the governing authorities of any city or town in their respective counties for the purpose of establishing a high school for the joint use of the city or town and such county, and to unite with such authorities for the purpose of maintaining such high school if one be already in exist- ence. (2) For this purpose said county boards are hereby given full power and authority to make such contracts as they may deem necessary or proper for the establishment and maintenance of such high schools for the joint use of the county and such city or town. Said contract shall be in writing and shall contain full and com- plete stipulations as to employment and compensation of teachers, course of study, payment of expenses of the school and the control and discipline of the pupils: Provided, That the total expense of conducting said high school, including estimate of the six per cent, per annum on all investments in buildings, grounds and equipment, shall be pro rated between the two boards of education in propor- tion to the enrollment respectively of county pupils residing in said town, city graded school district, for the term of the first half of the session and likewise for the term of the second half of the school session, the entire school session being in no case less than eight school months. (See notes Sec. 136.) DECISIONS OP THE COURT OP APPEALS. A contract providing- for an annual payment of $3,000.00 for five years must be regarded as creating an indebtedness of 115,000.00. It is not necessary under the statute that the high school where a contract is made with the city authorities, S L 4 98 KENTUCKY SCHOOL LAWS 1916. shall be under the control of the county board or under the joint control of both boards. County Board, etc. v. Board of Trustees, etc., 154 Ky., 309. County Board Establishing- a High School White and Colored Children. Prowse & Co. v. Board of Education, etc., 134 Ky., 365. It is the duty of the board to follow the statute; but if in carrying out the directions of the statute, which is direc- tory only, they fail to comply strictly with its provisions, their acts are not void, but are irregular only. Grant Co., etc. v. Chandler, 144 Ky., 348. It was the duty of the County Board of Education either to establish a high school of its own, or to provide one by contract with governing- authorities of an existing high school. County Board has no authority to pay tuition for high school pupils to any school unless they have a written con- tract with the high school signed by all parties and that it is a legally established high school. One who contracts with a public officer acting under the authority of a statute can contract only in the manner pointed out by the statute; otherwise he has no contract. County Board, etc. v. Dudley, 154 Ky., 426. OPINIONS OF THE ATTORNEY GENERAL. The County Board of Education can legally enter into a contract with Ogden and Franklin Female Colleges to have the high school pupils taught in said colleges. It is necessary for the County Board of Education to make some arrangements to establish a county high school, but it is not compelled to continue a contract, which in its opinion, is not just to the county. The County Board of Education does not have the right to pay the expenses of the high school out of the State school fund. (See notes, Sec. 104.) 212. Contract Where Established Classes County Board City Course of Study Who May Attend. (1) Provided, however, that said contract tuition rate shall in no case exceed the rate charged for other pupils. The first county high school to be established in the county shall be located at the county seat; provided there is not already existing in the county seat a high school of the required grade. The county high schools of this Commonwealth shall be of the first, second and third classes. A first class high school shall maintain a four years' course of study, which shall be prepared by the State Board of Education. Such course of study may provide for instruction in manual training, domestic science and elementary agriculture. High schools of the second class shall maintain a course of three years, identical with the first three years of the first class school. High schools of the third class shall maintain a course of two years, identical with the first two years of the first class high school. (2) When county high schools shall be established, as provided in this act, it shall be the duty of the county Board of Education to employ and fix the salaries of said teachers necessary to the efficient conduct of said high school and prescribe the course of study to be pursued, but said course of study shall not be below the stand- ard fixed by the State Board of Education. COUNTY HIGH SCHOOLS. 99 (3) Said board sh'all also have the right to select the text books to be used in said high schools. (4) If any person who has enrolled in the high school reaches the age of twenty years and in good faith desires to continue said high school work each consecutive year, it shall be and is hereby made the duty of the county board to permit said person to continue said high school work under the same terms and conditions as be- fore reaching the age limit for attending school until said high school work has been completed. (5) Joint High Schools Maintained by Adjacent Counties. That whenever it becomes desirable by and between two or more adjacent counties of this Commonwealth, where the geographical and other conditions are favorable, such counties shall have authority, by and through the County Board of Education of such counties, to enter into a contract for the erection, organization and maintenance of one or more county high schools, which shall be used jointly by said counties. The contract for the erection, organization, operation and maintenance of such county high schools shall be in writing and shall stipulate in full and complete terms the number of years said contract shall run, the arrangement as to the employment of teachers, course of study and general operation of said joint high school. Such 'a contract may be made for the operation of either white or colored high schools. Whenever there are cities or graded schools operating high schools, the County Board of Education of two or more counties shall have authority to enter into a contract jointly with such city or graded school to maintain county high schools for the joint use of such city or graded school and the county or counties making such contract. The general school laws for the maintenance and operation of county high schools shall con- trol in the operation of high schools which may be established, oper- ated and maintained under the provisions of this act, except as is otherwise herein provided. (6) That where an approved high school already exists that any high school pupil shall have the privilege of attending the school, in the county which is most convenient, and that the county in which he resides shall pay the tuition of said pupil at the same rate as fixed for other high school pupils in said county. 100 KENTUCKY SCHOOL LAWS 1916. CHAPTER XVII. COMPULSORY EDUCATION OR COMPULSORY ATTENDANCE LAW. | 213. ( 4521a-l Ky. St.) Parents and Guardians to Send Chil- dren to School Exception. Every parent, guardian or other person residing within the boundary of the county school district law, and having the custody, control or supervision of any child, or children between the ages of seven and twelve years, inclusive, shall cause such child or children to be enrolled in and to attend some public or private day or parochial school regularly for the full common school or graded common school term in each year in the common school district of the county in which such child or children may live in this Commonwealth: Provided, however, that this act shall not apply in any case where the child has been or is being taught at home in such branches as are taught in the public schools for a like period of time and subject to the same examination as other pupils in the district in which such child resides; 'and for the pur- pose of ascertaining whether or not any child is embraced within this exemption the county court may order such child to submit to an examination to be given by the County Superintendent of Schools: Provided, further, that this section shall not apply to any child who is excused by the County Board of Education, upon its being shown to the satisfaction of the County Superintendent of Schools that such child is not in proper physical or mental condition to 'attend school. 214. ( 4521a-2 Ky. St.) Penalty for False Statement. Any parent, guardian, or other person having the custody, control or supervision of any child embraced within the provisions of this act, who, with the intent to evade the provisions of this act, shall make a false statement concerning the age of such child or the time such child has attended school, shall be deemed guilty of misdemeanor, and upon conviction thereof may be fined in any sum not exceeding fifty dollars or by imprisonment in the county jail not exceeding thirty days, or both so fined and imprisoned at the discretion of the court. Any parent, guardian or other person having the custody, con- trol or supervision of any child embraced within this act who shall be proceeded against under this act, may prove in defense that he is unable to compel the child under his control to attend school, and he may thereupon be discharged from liability, and such child shall be proceeded against as a delinquent child under the statutes in such cases made and provided. 215. ( 4521a-3 Ky. St.) Penalty for Violation. Any parent, guardian or other person failing to comply with the provisions of COMPULSORY EDUCATION OR ATTENDANCE LAW. 101 this act shall forfeit to the use of the schools within the district in which such child lives a sum not less than five dollars ($5.00) nor more than twenty dollars ($20.00) for the first offense, nor less than ten dollars nor more than fifty dollars for the second and every subsequent offense, 'and cost of suit. 216. ( 4521a-4 Ky. St.) Teachers to Report Absence of Chil- dren. It shall be the duty of the teachers to report promptly and regularly to the subdistrict trustees or other local school officers and to the County Board of Education through the County Superintend- ent of Schools, the names of all parents, guardians or other persons who fail to comply with the provisions of this act. It shall then be the duty of said subdistrict trustee or other local school officers, and said County Boards of Education through the County Superin- tendent of Schools to give written notice to the parents, guardians or other persons having control or custody of such child that the attendance of such child is required, and if such parent, guardian or other person having control or supervision of such child does not comply immediately with the provisions of this act, then said sub- district trustees or other local school officers, and said board of edu- cation shall proceed against such child as a delinquent child, and against such parents, guardians or other persons having the custody, control or supervision of such child for violation of this 'act for con- tributing to the delinquency of such child. 217. ( 4521a-5 Ky. St.) County Court Has Jurisdiction. The county courts of the respective counties of the Commonwealth shall have exclusive jurisdiction of all cases coming within the terms and provisions of this act, and any fines or penalties shall be re- covered by capias pro fine as other fines are collected. 218. ( 4521a Ky. St.) Record of Birth and Age of Child. A p'assport, a duly attested transcript or the certificate of birth or baptism, a certified copy under oath of a record in the family Bible, or other religious record showing the date and place of birth of such child shall be produced as proof of age. In case such certificate or record as hereinbefore provided cannot be secured, upon proof of such fact, the record of the age stated in the first enrollment to be found shall be considered as evidence thereof. If there be no school enrollment showing such fact, other evidence as to the age of said child shall be considered. 102 KENTUCKY SCHOOL LAWS 1916. CHAPTER XVIII. k ARTICLE XVII. LOCAL SCHOOLS ACTS AFFECTING. 219. ( 4535d Ky. St.) Morganfield, Union County School Acts 1906, p. 347; Kuttawa, Lyon County School Acts 1906, p. 423; Corinth, Grant County School Acts 1906, p. 424; Graded School in Johnson County Acts 1908, p. 207; Catlettsburg Colored School Acts 1912, p. 218; Adairville Public School Acts 1912, p. 223; Morganfield Public School Acts 1910, p. 327; Dycusburg Public School Acts 1910, p. 340. (Certificate Who Must Hold See notes to Sec. 91.) 219a. That the trustees of any graded school districts created by a special act, and having a school fund other than that provided by general law may have the power and are hereby authorized and empowered to issue coupon bonds of such graded school district to a sum not exceeding fifty thousand dollars ($50,000.00), bearing in- terest from date of delivery, interest payable semi-annually at the rate of five per cent. The proceeds of s'aid bonds to be used for the purpose of erecting a high school in such district, or otherwise relieving the congestion now existing in the buildings and grounds of such graded school dis- tricts. Said bonds to be of the denomination of one hundred ($100) and five hundred ($500) dollars at the discretion of the board of trustees, payable in twenty years, but with the privilege reserved by the district to pay same or any part thereof at the end of ten years; said bonds to be signed by the chairman of the board of trustees of said district and 1 attested by the secretary alone, and may be attested by stencil signature. Said bonds and coupons to be paid in the manner and at the time and place provided by the aforesaid board of trustees, but b* 1 - fore said bonds or any of them are issued, the question as to the issual of same shall be submitted by the board of trustees of such graded school district to all the legal white voters of said district and the same shall not be issued unless two-thirds of all of the legal white voters in said district voting 'at said election shall vote in the affirmative upon the following question: "Are you in favor of the issue of bonds not exceeding fifty thousand dollars ($50,000.00) by the trustees of this graded school district for the purpose of building and equipping a high school and in order to relieve the congestion now existing in the said graded school district, and to furnish reasonable accommodation and facili- ties to the te'achers and pupils in said school district?" LOCAL SCHOOLS SEMINARIES. 103 Which is the sole question to be propounded to the voters at said election, and if two-thirds of all of the legal white voters voting at said election fail to vote for same, said bonds will not be issued, but said trustees shall have the privilege of submitting said question again any time after thirty days from the date of said election. The said election shall be held at a reasonably convenient place or places to all of the legal voters in said district between the hours of 9 o'clock A. M. and 4 o'clock P. M. on the day named by the trus- tees and said board of trustees shall give notice of said election and the place or places thereof, and the question to be submitted to the voters by two insertions in all of the papers published in said school district and by printed notices in at least thirty public places in said district for not less than fifteen days preceding the day of the election. The said board to appoint the officers of said election, who are to have the same qualifications as required by the general law of the State. If said election results in two-thirds of those voting at the elec- tion for the issue of said bonds, it shall be the duty of the board of trustees to issue same, and, further, their duty to levy an annual tax of not exceeding twenty-five cents (25c) on each one hundred dollars ($100) for the erection and maintenance of said high school and to otherwise relieve the congestion hereinbefore set out. The details of the levy and collection of said tax to be left to the discre- tion of the board of trustees. (Acts 1916.) DECISION OF THE COURT OF APPEALS This act construed. Smith, etc. v. Board, etc., 171 Ky. 39. CHAPTER XIX. SEMINARIES. 220. ( 4535e Ky. St.) Trustees Appointment of. When- ever the number of the trustees of any county academy or sem- inary heretofore created by act of the General Assembly of the Commonwealth of Kentucky has been reduced by death, resignation or otherwise, to less than a quorum, the county court of the county for which such academy or seminary was created shall have author- ity, and it shall be its duty to fill said vacancy by appointing trustees for such academy or seminary. The trustee so appointed shall have the authority heretofore conferred, or that may be hereafter con- ferred, upon trustees of such academy or seminary. 104 KENTUCKY SCHOOL LAWS 1916. CHAPTER XX. SCHOOL SUFFRAGE FOR WOMEN. 221. ( 4535h Ky. St.) Qualification. That all women pos- sessing the legal qualifications required of male voters in any com- mon school election, and who in addition are able to read and write, shall be qualified and entitled to vote at all elections of school trustees and other officers required to be elected by the people, and upon all school me'asures or questions submitted to a vote of the people; and all women possessing the legal qualification required as to males shall be eligible to hold any school office or office pertaining to the management of schools. Provided, however, that this act shall not apply to any election the qualifications of the voters at which are otherwise prescribed by the Constitution nor to 'any office as to which the Constitution otherwise prescribes the qualifications of the persons eligible thereto. DECISIONS OF THE COURT OF APPEALS It is a well settled rule that the domicile of the husband is the only domicile of the wife until she leaves him with the intention of a permanent separation. It is sufficient if the voter can read in a reasonably in- telligent manner sentences composed of words in common use, and of average difficulty, though each and every word may not always be accurately pronounced. One is able to write who, by the use of alphabetical signs, can express in a fairly legible way words in common use and of average difficulty, though each and every word may not be accurately spelled. Price v. Judd, 169 Ky. 772. 222. (2) Registration Ballots. In all places where a registra- tion of the qualified voters is now or may hereafter be required, women who are, by this act qualified to vote, shall be registered at the same time and place by the same officers and in the same manner as male voters; their registration, however, being made in a separate book to be furnished by the county clerk as is prescribed by law in the case of male voters. And all the provisions of law relating to the registration of male voters are hereby made applicable to the regis- tration of women qualified to vote by this act. 223. (3) Separate Ballots. When the elections referred to in section 221 of this act are held on the same day with the State, county or city elections, separate ballots similar to those required in other elections, except that they contain only the names of candidates for school officers or questions relating to schools, shall be provided for women voters qualified under this act; otherwise the elections shall be held according to the provisions of the general election law. BUILDING SCHOOL COMMISSION. 105 CHAPTER XXI. BUILDING SCHOOL COMMISSION TO APPOINT TERM AND QUALIFICATION OF MEMBERS. 224. ( 3535g Ky. St.) County Judge to Appoint Term and Qualification of Members. Upon the application, in writing, of 250 householders residing in the district, as hereinafter described, it shall be the duty of the County Judge of a county to appoint four persons, two of whom shall be members of the Democratic Party and two members of the Republican Party, to constitute a Building School Commission. Each appointee shall be at least twenty-five years of age and reside within the district, and be the owner in his own righ< of real estate. No officer or employe of the State or of any city or county, whether holding a paid or unpaid office, shall be eligible to appointment to said commission. Such appointee shall be subject to the approval of the fiscal court of said county. The term of office shall be four years, and if the work therein provided for is sooner com- pleted such term of office shall expire at such completion. Vacancies shall be filled for an unexpired term in the same manner as the orig- inal appointment. The district for which said commission is appointed and which shall constitute the district as hereinafter mentioned, shall be the whole county, or, where said county contains an incorporated town or towns wherein is maintained a public school which is, in whole or in part, supported by taxation levied alone upon the property in said town, then the balance of said county. 225. (2) Commission Body Politic Powers. The persons ap- pointed as provided in the first section, and their successors, shall constitute a body corporate under the name of Building Commission or County (the name of the county in which they are appointed being used to fill the blank), and shall have official capacity to contract and be contracted with, to sue and be sued in that name, and to adopt a seal and alter the same at pleasure. Such commission shall elect a chairman from the appointed members. The appointed members of the commission shall receive no compensation, but shall be allowed their expenses of travel when on business of the commission. It shall have authority to employ such clerical or other assistance as the board may deem necessary. 226. (3) School Houses to 'be Built. It shall be the duty of the commission to make such careful examination of the method of constructing and furnishing public school houses as may enable it to determine the best plan of erecting and furnishing the same, in- cluding ventilation, heating and lighting. The commission shall have the power to employ one or more architects to submit plans for such 106 KENTUCKY SCHOOL LAWS 1916. construction and furnishing, together or separately, and to attend to the carrying out of the same, and, pay a reasonable compensation therefor. 227. (4) Bond to be Given by Employes. The commission shall exact from its officers and employes such bond, with approved surety, as seems to it discreet, and fix the form of such bond. The premium on such bond shall be paid by the commission. 228 (5) Plans to be Submitted to County Board. When the commission shall have determined upon a plan for the erection and furnishing of a school house or school houses in said district it shall lay said plans before the County Board of Education. If said plans so recommended by the commission be adopted by the County Board of Education, then said commission shall have the right to proceed to acquire, by purchase or condemnation, all property nec- essary for such school houses and playgrounds, and the erecting and furnishing of said school houses so approved. 229 (6) Contract How Let. All work to be done or supplies or materials to be purchased in carrying out the purposes of this act and involving an expenditure of $500 or more shall be by con- tract awarded to the lowest and best bidder; but the commission, with the consent of all its members, may itself do any part of such work under such conditions as it may prescribe, whenever the superintendent of construction shall, in writing, recommend that course. All bids or parts of bids for any work or supplies or ma- terials may be rejected by said commission. This section shall not apply to nor be construed so as to limit the power of the commis- sion in the appointment of architects, clerks or agents. 230. (7) Bonds May be Voted. In order to provide money for the acquisition of property for schools sites and the erection and furnishing of school buildings the Fiscal Court of any county may adopt a resolution submitting to the voters of the district, at the November election occurring ninety days after the entry of the order, and succeeding the appointment of the commission, the ques- tion whether bonds of the district shall be issued for the purpose of carrying out the work herein provided for. The resolution of the fiscal court shall provide the date and maturity of such bonds, the fate of interest they shall bear and the total amount to be issued, which shall in no event exceed the limit fixed by the Constitution, and the resolution shall also contain the necessary details in refer- ence to the execution and delivery of said bonds, their denomina- tion, coupons to be annexed, tax to be levied to pay the interest and sinking fund to retire such bonds. 231. (8) Bonds to be Sold Depository to be Selected. When the voters of the district shall determine that such bonds shall be issued they shall, when so issued, be placed under the control of said, commission, who shall determine when and at what price BUILDING SCHOOL COMMISSION. 107 and how they shall be sold; provided that no such bonds shall be sold at less than par, and provided, further, that any premiums which may be obtained from said bonds shall constitute a part of the sink- ing fund for their ultimate retirement. As the said bonds are sold their proceeds sh'all go to the credit of the commission in some de- pository which shall be selected for the deposit by the commission, and shall be withdrawn only upon the checks of the secretary and treasurer of the commission, countersigned, in such manner and accompanied by voucher approved in such manner as may be pre- scribed by regulations to be adopted by the commission; provided, that the said commission shall ex'act of said depository bond, with surety, for the faithful accounting for and paying over of such money as may be from time to time drawn upon. 232. (9) Expenses to be Borne by Commission. The com- mission may select its necessary employes prior to the election on the subject of issuing the bonds as provided in section 230 of this act; but no compensation shall be paid to either of such officers for any work done until after the bonds have been voted. All disbursements of the commission, including compensation to its officers, agents and others employed by it, shall come out of the proceeds of the sale of said bonds. The duties prescribed for the commission in sections 226, 227, 228, 229 and 231 of this act, hereof, shall not be performed, until and unless bonds have been voted as provided in section 230 of this act. 233. (10) Levy to be Made by Fiscal Court. It shall be the duty of the fiscal court of the county to levy annually, upon the property subject to taxation in the said district, a sufficient rate to pay the interest on the said bonds and the sinking fund provided for in the order, and the principal of said bonds when the same shall mature. It shall be the duty of the sheriff of the county to collect such levy and turn over the same to the county treasurer, who shall apply the funds thus collected to the payment of the interest and principal of the bonds. And it shall also be the duty of the county treasurer, under the direction of the County Board of Education, to invest the money derived from the sinking fund in such securities as may be approved by said County Board of Education. 234. (11) Title to Property Vested in County Board of Edu- cation. The title to all property acquired by said commission shall be taken in the name of the County Board of Education and all money in the hands of the commission after defraying any liabilities which have been incurred by the commission, shall be paid into the hands of the county treasurer, to be used as a sinking fund for the bonds hereinbefore provided for. The coihmission shall pay out of the proceeds of the sale of said bonds all valid claims for damages or otherwise which may be preferred against it, and neither the county nor the district shall be liable for any debt which the com- 108 KENTUCKY SCHOOL LAWS 1916. mission may incur, or any claim for damages which may be asserted or awarded against the commission. 235. (12) County Attorney to Advise Board. All legal serv- ices or advice which may be required by the commission shall be rendered by the county attorney and his assistants without addi- tional compensation. 236. (13) County Board to Canvass Votes. It shall be the duty of the fiscal court to canvass the votes of the election provided for in section 230 hereof, and upon its appearing that two-thirds of the voters in the district voting upon the question shall have voted in favor of the issue of said bonds, shall certify this fact by an order to be entered upon the order book containing the proceedings of the fiscal court. The said bonds shall contain a certificate that they have been duly issued under the provisions of this act, and such certificate shall be conclusive evidence that all steps preliminary to their valid issue have been regularly taken. 237. (14) Tax Levy to be Continued. The fiscal court shall have power and authority, and it shall be its duty, to continue to levy said tax on the property of the entire district which voted the said bonds, notwithstanding any part thereof may be subsequently incor- porated into any town, city or other municipal subdivision. STATE NORMAL SCHOOLS. 109 CHAPTER XXII. STATE NORMAL SCHOOLS. 238. ( 4535a) (1) Two Normal School Districts. That the State of Kentucky be divided into two State Normal School Districts, and that they be called the Eastern Kentucky State Normal School District, and the Western Kentucky State Normal School District, and there be established and maintained two State Normal Schools in this State, as follows: The Eastern Kentucky State Normal School, located in the Eastern Normal School District, at Richmond, Ken- tucky, and the Western Kentucky State Normal School, located in the Western Normal School District, at Bowling Green, Kentucky, the boundaries of which two Normal School Districts shall be fixed the year following, and on the basis of every federal census, by a commission consisting of the State Superintendent of Public Instruc- tion and the president of the Eastern and Western Kentucky State Normal Schools, and which districts shall always be as near equal as may be in white population. 239. (2) Objects of Schools. The object of said State Nor- mal Schools shall be to more fully carry into effect the provisions of section one hundred and eighty-three of the Constitution of Ken- tucky, by giving to the teachers of the Commonwealth such training in the common school branches in the science and art of teaching, and in such other branches as may be deemed necessary by the Nor- mal Executive Council, hereinafter created, as will enable them to make the schools throughout the State efficient. 240 (3) Boards of 'Regents Created Powers. There is hereby cre'ated a Board of Regents for each of said Normal Schools, to be known, respectively, as "The Board of Regents for Normal School District No. 1," and the "Board of Regents for Normal Dis- trict No. 2." Said board shall have perpetual succession, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to receive by any legal mode of conveyance property of any description, and to have and to hold and enjoy the same; also to make and use a corporate seal with power to alter the same; to adopt by-laws, rules and regulations for the government of their members, official agents and employes: Provided, such by-laws shall not conflict with the Constitution of the United States or with the Constitution of the State of Kentucky. 241. (4) Number of Regents Superintendent of Public In- struction One of. The Board of Regents for each of said schools shall be composed of five members, including the Superintendent of Public Instruction, who shall be a member and chairman of each of said boards. 110 KENTUCKY SCHOOL LAWS 1916. 242. (5) Appointment and Terms of Board of Regents Resi- dence, Party Affiliation. Within thirty days after the selection of the normal school sites, as hereinafter provided, the Governor shall appoint four regents for each of said normal schools, two of which shall serve for two years and two for four years, and until their successors are appointed and qualified; and two members shall be appointed in like m'anner every two years thereafter to serve for a term of four years each; and, whenever a vacancy or vacancies occur in either of said boards by death, resignation, removal from the district or by the operation of this law, or otherwise, the Gov- ernor shall, in like manner, immediately appoint some competent person or persons to fill such vacancy or vacancies. The person or persons so appointed shall hold office for the unexpired term: Pro- vided, That no two members of either of said boards shall be resi- dents of any one county, and that not more than three members of any of said boards, including the Superintendent of Public Instruc- tion, shall belong to the same political party. 243. (6) Term of Regents Four Years. Said regents shall hold their office for a term of four years from the first day of April next preceding their appointment and until their successors are duly appointed and qualified, except such as may be appointed to fill vacancies, who shall hold office for the unexpired term only. 244. (7) Meetings Secretary Treasurer. Each of said Board of Regents shall hold its first meeting within thirty days after its appointment, the time and the place of the meeting to be desig- nated by the Superintendent of Public Instruction, who shall ad- minister the oath of office to each member. At this meeting there shall be selected a vice president and a secretary for each of said boards. Said board shall also appoint a treasurer and such officers as it may deem necessary, but no member of either of said boards shall be selected as treasurer. 245. (8) Regular Meetings Quarterly. Each board shall meet quarterly at such time and places as may be agreed upon and, until the buildings are arranged for and completed, and as much oftener as m'ay be necessary, but thereafter the regular meetings of each of said boards shall be held at its respective normal school building. 246. (9) Quorum. A majority of the members of said board shall constitute a quorum for the transaction of business, but no appropriation of money, nor any contract which shall require any appropriation or disbursement of money shall be made, nor teacher employer or dismissed, unless a majority of all the members of the board shall vote for the same. 247. (10) Powers Generally of Regents. Each Board of Re- gents shall have general control and management of its Normal School; shall possess full power and authority to adopt all needful STATE NORMAL SCHOOLS. Ill rules and regulations for the guidance and supervision of the con- duct of the students of any department thereof; to enforce obedience to such rules, to invest the faculty with the power to suspend or expel any pupil for disobedience to such rules, or, for any other con- tumacy, insubordination or immoral conduct, and have authority to appoint or dismiss all officers and teachers, to require such reports from officers and instructors as it may deem necessary, to appoint a treasurer for such school and to determine the amount of his bond, which amount shall not be less than ten thousand dollars. 248. (11) Normal Executive Committee. The Superintend- ent of Public Instruction, together with the president or head execu- tive officer of each State Normal School, herein cre'ated, shall con- stitute a Normal Executive Council, whose duty it shall be to pre- scribe the course of study to be taught in each State Normal School and the educational qualifications for admission to and graduation from the same. 249. (12) Vice President Secretary President. At the first meeting of the Normal Evecutive Council, which shall occur within one month after the election of the president of the said Normal School herein created, there shall be elected from said council a vice president and a secretary; the Superintendent of Public In- struction shall be ex-officio president of the council. 250. (13) Meetings of Council. This council shall hold its meetings annually or as much oftener as may be deemed necessary, at the State Capitol, or at one of the Normal School buildings, the place of the meeting to be determined by the Superintendent of Pub- lic Instruction, and a majority of the members shall constitute a quorum. 251. (14) Certificates May be Conferred Privilege Con- ferred by Revocation. Each Board of Regents shall have full power and authority, subject to the approval of the State Superintendent of Public Instruction, to confer, under its corporate seal, upon students of s'aid schools the following certificates, viz.: An "Elementary Cer- tificate," an "Intermediate Certificate" and an "Advanced Certifi- cate." The elementary certificate shall be conferred upon the comple- tion of not less than one year's work, and shall entitle the holder thereof to teach in any public school in this State for the period of two years from the date thereof without further examination. The intermediate certificate shall be conferred upon the completion of not less than two years' work, and shall entitle the holder thereof to teach in any public school in this State for a period of four years from the date thereof without further examination. The advanced certificate shall be conferred upon the completion of not less than three years' work, and shall entitle the holder thereof to teach in any public school in this State for a period of three years from thQ 112 KENTUCKY SCHOOL LAWS 1916. date thereof without further examination, and if, at the end of the three years, a teacher holding an advanced certificate shall present to the Board of Regents which granted the same, satisfactory evi- dence of successful teaching during said period, and of good moral character, then the advanced certificate may be extended for life, or good behavior, by said board, subject, however, to the approval of the State Superintendent of Public Instruction; 'and it shall be so en- dorsed by the said board, and the holder thereof shall be entitled to teach in any public school in this State during good behavior with- out further examination. The official endorsement of the State Superintendent of Public Instruction shall be necessary to validate any certificate, or ex- tension thereof above n'amed. Any certificate may be revoked for cause by the Board of Regents of the school granting the same, or by the State Superintendent of Public Instruction. Any County Superintendent may, for cause, revoke for his county, any certificate, of which revocation immediate notice shall be given to the State Superintendent of Public Instruction, and he shall have power to approve or reverse such revocation. The Secretary of the Bo'ard of Regents shall annually on or before the first day of August, transmit to the State Superintendent of Public Instruction the names of those receiving such certificates, their date of issue, and the place of residence of each holder, and the State Superintendent shall annually, not later than August 15th, forward to each County School Superintendent a printed list of persons holding State certificates then in force, and those authorized to teach under the provisions of this section, giving names, resi- dences, dates of qualification, and by whom conferred, and the date on which each normal certificate shall expire; and the holder of such certificate shall, before commencing to teach a public school in any county in this State, notify the County Superintendent thereof, of such fact, give date of qualification and by whom conferred, and the County School Superintendent shall verify same by examination of the list sent him by the State Superintendent and if found cor- rect, shall duly record the said teacher as eligible to teach in such county. 252. (15) Teachers and Compensation. The Board of Re- gents shall have power to appoint and to remove the president, pro- fessors 'and teachers of the Normal Schools, to fix their compensa- tion, the commencement and the termination of their respective terms of office, not to exceed two years for any one term. 253. (16) Removal of Off'cers and Teachers Causes for. No president, professor, or teacher shall be removed except for in- competency, neglect or refusal tc perform his duty or for immoral conduct; nor shall such president, professor or teacher be removed until after ten days' notice in writing, stating the nature of the STATE NORMAL SCHOOLS. 113 charges preferred; and such person shall have an opportunity to make a defense before the board by counsel or otherwise, and shall be allowed to introduce testimony, which shall be heard and deter- mined by the board. In every case of the suspension or expulsion of a student by the faculty, the person so suspended or expelled shall be allowed to appeal from the decision of the faculty to the Board of Regents, and it shall be the duty of the Board of Regents to pre- scribe the manner and mode of proceeding in the matter of such appeal, but the decision of the Board of Regents shall be final. 254. (17) Special Meetings of Regents. Upon the written request of any two members of the Board of Regents, or at the re- quest of the faculty 'and signed by the president and certified by the secretary thereof, the chairman of the Board of Regents may call a special meeting, stating the object or objects thereof, and no other business shall be transacted at such a meeting unless all the mem- bers of the board are present and consent thereto. 255. (18) Expenses of Regents Paid. No member of the Board of Regents nor member of the Normal Executive Council, shall draw any salary for services as such, but shall receive six cents per mile for every mile necessary to travel in going to and from each meeting of the board and other legitimate expenses, to be paid out of the contingent fund of the school. 256. (19) Interest in School Contracts Forbidden. No presi- dent, professor, teacher, regent, member of the Normal Executive Council or other officer or employee shall keep for sale or be inter- ested, directly or indirectly, in any contract or purchase for the building or repairing ?ny structure or for fencing or ornamenting the gounds, or furnishing any supplies or material for the use of said Normal School. 257. (20) Reports of Presidents to Regents. The president of each Normal School shall make to his Board of Regents written reports in duplicate, during the month of August of each year, which shall contain a full account of all receipts of moneys from appro- priations, tuitions, fees and all other sources, and the disbursement thereof, and for what purpose and the condition of the said Normal School ; shall also report a list of the names and places of resi- dence of all students that may have been taught in the Normal School during the preceding year, the number of terms enrolled, the number of days each has taught and the amount of tuition and inci- dental fees paid; one of which reports shall be filed in the office of the secretary of the Board of Regents and the other transmitted to and filed in the office of the Superintendent of Public Instruction, at Frankfort, Kentucky. 257a. (21) Treasurer and Bond. The treasurer of the re- spective Board of Regents; before he enters upon the duties of his office, shall enter into a bond to the Commonwealth of Kentucky, 114 KENTUCKY SCHOOL LAWS 1916. with not less than two solvent sureties or a guarantee company authorized to do business in Kentucky, in a sum of not less than ten thousand dollars, to be 'approved by the board, conditioned that he will faithfully perform all the duties required of him by law as such treasurer, which bond shall be filed with the secretary of the board. 258. (22) Duties, Compensation of Treasurer Reports by. It shall be the duty of the treasurer of the board to receive and disburse all moneys under the control of the Board of Regents and rerform all such acts as pertain to his office, under the direction of the Board of Regents and to make a report of the same to the board at its quarterly meetings. In the month of August of each year, the treasurer of said board shall also make and furnish to the Board of Regents to be by it transmitted to the State Superintendent of Tublic Instruction, an abstract of which shall contain full accounts of all moneys received and disbursed by the school during the pre- ceding year, stating from what source received and on what account paid out and the amount paid to each professor, teacher or other officer of the school, and on or before the second Monday in Jan- uary, one thousand nine hundred and eight and every two years thereafter said treasurer shall also report to the Board of Regents, to be by it transmitted to the Gener'al Assembly an itemized state- ment of ail receipts and expenditures for the two calendar years preceding, showing minutely all disbursements of moneys received from the State or other sources. The compensation of the treasurer shall be fixed by the Board of Regents. 259. (23) Secretary and Duties Compensation. It shall be the duty of the secretary of the board to keep and preserve all records, books and papers, belonging to the board. He shall keep a journal of the proceedings of the board, in which, if requested by any member of the Board of Regents, the yeas and nays on all questions shall be entered. He shall prepare, under the direction of the board, all reports, estimates and to execute all such matters as belong to his office. His compensation shall be fixed by the board. 260. (24) Payment of Debts. The respective Board of Re- gents shall, at their regular meetings, provide for the payment of any indebtedness of the school, and for that purpose they shall set apart all moneys which may be derived from tuition or other fees paid by students to the payment of: First, the incidental expenses of such school; and, Second, the p'ayment of such indebtedness; and until such indebtedness shall be fully paid off, no part of the fund derived from tuition or other incidental fees shall be used for the payment of professors, teachers or other officers or employees of such school, nor shall the board, until such indebtedness be fully paid, make any contract for the hire, employment or payment of professors, teachers or other officials, or employees of such schools STATE NORMAL SCHOOLS. 115 that will be a greater sum of money for the annual payment thereof than the amount of the appropriation by the State for the support of said school for that year. 261. (25) Funds to be Applied to Use Intended for Them. All appropriations made by the General Assembly for the support of Normal Schools, or for the benefit thereof, and all grants, gifts, bequests or donations by any individual or corporation for specified use, shall be applied to such use or uses and no other. 262. (26) Pupils That Each County May Send How Selected. Each county in the State shall be the unit of appointment and each county shall be entitled annually to the appointment to free tuition in the Normal School of the district in which it is located, of one white pupil for every five hundred, and fraction thereof, over two hundred and fifty, of white school children, based on the last official school census preceding the appointment. Said pupils so appointed shall be chosen as follows: The Superintendent of Schools in each county shall receive, and register the names of all applicants for ad- mission to said schools and shall examine such applicants at such time and in such manner as the Normal Executive Council may direct, and the applicants found to possess the highest qualifications, and who are of good character, shall be accepted as the pupils to which said county is entitled. Said appointment shall be for the full term of the prescribed course of study in the school, and any vacancy in any county may be filled in the same manner as provided for regular appointments. Should the number of appointees in attend- ance during any term not reach the number allowed for the county, said county may during any other term appoint alternates, so that the average for any whole year from any county may equal the num- ber to which it is entitled under the provisions of this section. The Board of Regents shall have power, in case any pupil so appointed shall refuse to sign and file with the secretary of said bo'ard a declara- tion that he or she will, if engagement can be secured by reasonable effort, teach in the public schools of this State not fewer than two years upon an elementary certificate; not fewer than three years upon an intermediate or advanced certificate, to require such pupil to pay such fees and tuitions as the board may prescribe. 263. (27) Observation and Practice Work. The Board of Regents of each school may maintain in connection with the said Normal Schools, a model and practice school, under the supervision of thoroughly trained teachers, for the purpose of giving observation and practice work to the student teachers. 264. (28) Location of Schools. The Governor shall, within thirty days after this act becomes a law, appoint a commission com- posed of seven persons, one from each appellate district of the State, who shall, within thirty days after their appointment, meet at Frank- fort, Kentucky, on a date fixed by the Governor, and organize and 116 KENTUCKY SCHOOL LAWS 1916. arrange to receive from those localities in Kentucky desiring to secure the location of said schools, proposals for donation of suit- able sites and other valuable considerations, and shall, within ninety days after their appointment, locate the said schools in said Normal School Districts at the place making the most advantageous offers, all things considered. All proposals for sites or locations for the schools shall be in writing, and shall be entered at large on the records of the commission, and the findings of the commission fix- ing the locations shall be in writing and entered at large on the records of the said commission. Provided, That no town or city shall be selected for the location of said school which does not have facilities for a good water supply and other conveniences necessary for the institution. 265. (29) Appropriation. In order to enable the Boards of Regents to carry into effect the provisions of the act, there is hereby appropriated the sum of ten thousand dollars ($10,000.00) to be divided equally between the two normal schools herein provided for, for the purpose of equipping suitable buildings, improving grounds, etc., and the sum of forty thousand dollars ($40,000.00) annually to be divided equally between the two schools for the purpose of de- fraying the salaries of teachers and other current expenses; Pro- vided, That the latter 'appropriation shall not become effective for any school until the buildings have been equipped and the school regularly opened. 266. (30) Payment of Appropriation. The money hereby ap- propriated for equipment shall be available immediately for each of said Normal Schools upon the delivery of a good general warranty deed, conveying to the Commonwealth the property to be donated as above provided, and its acceptance by the locating commission. The money appropriated under this act for equipment and mainte- nance of the schools shall be disbursed as follows, viz.: The chair- man and secretary of the Board of Regents shall draw their warrants for the equipment and maintenance of each school provided for under this act on the Auditor of Public Accounts, payable to the treasurer of each Norm'al School, and upon receipt of said draft by the Auditor, he shall draw his warrant for the proper amount upon the Treasurer of the State. The money authorized to be paid out of the State treasury under this act shall be paid out of the general funds not otherwise appropriated. 267. (31) Regents May Purchase and Sell Real Estate. The Board of Regents of each of said Normal Schools is vested with power to purchase additional real estate when in its judgment the same is necessary for the purposes of the school. If the Board of Regents be unable to agree with the owner or owners of such real estate as to its value, or to purchase the s'ame, it may proceed in its own name, in any court having jurisdiction, to condemn such real STATE NORMAL SCHOOLS. 117 estate in the same manner as provided by law in the condemnation of lands for railroad purposes. Real estate acquired by purchase or condemnation shall be paid out of moneys appropriated to said school. Each Board cf Regents may, on such terms as it may regard best for the school, lease or donate a lot of land for the purpose of securing the erection of a library thereon; each board may also erect or lease from another for a term of years any necessary buildings or grounds. Each Board of Regents may, when it regards the same to be best for its school, sell and convey 'any real estate or build- ings now owned by it, but the proceeds arising from such sale must be reinvested in other real estate and buildings for the use of said school. 268. Students Certificates to Teach How Obtain. That students while in good faith attending a State Normal School may be examined for county teachers' certificate by a board of examiners to be selected and appointed by the superintendent of the county in which such Normal School is located, said board to have the same qualifications as the regular county examiner, and on the dates provided in the common school law for examination of teach- ers. If such Normal students are of age and character required by law in the case of other candidates for county certificates, the County Superintendent of the county in which the Normal School they are attending is located shall admit them to examination 'and shall col- lect from each the legal fee of $1.00 and in addition thereto $1.00, which latter is to be used in defraying the expenses of holding the examination and in transmitting the examination papers as herein provided. At the close of the examination the County Superintendent shall transmit by registered mail or express the examination papers of each student candidate, together with the legal fee, to the County Superintendent of the county from which said candidate desires his certificate issued. The County Board of Examiners shall canvass the papers sent to them as 'above provided, and shall issue county certificates upon them, upon the same terms and conditions as in case of candidates appearing in person for examination, and as is now or may here- after be provided by law. 269. (32) (2) $150,000 Appropriated for Eastern Normal School. That the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated for the benefit of Eastern Kentucky State Normal School, Richmond, Kentucky, for the erection and equipment of a suitable dormitory for the accommodation of the male students; also for the erection and equipment of an addition to the dormitory for the accommodation of the female students; also for the erection and equipment of a model school building; also for the erection and 118 KENTUCKY SCHOOL LAWS 1916. equipment of a practice school building; also for the erection and equipment of an administration building; also for the erection and equipment of a central heating plant, and for the necessary repair and equipment of the present buildings of said institutions. All of said buildings shall be erected upon the grounds owned by said institution, or upon grounds that may be acquired by pur- chase by the Bo'ard of Regents of said institution. If, in the judg- ment of said Board of Regents, the purchase of additional grounds may be necessary for the accommodation of the new buildings herein contemplated or for the proper conducting of said school, they may make such necessary purchase and pay for the same out of the money hereby appropriated. The title to such real estate shall be made to and held by the Commonwealth of Kentucky for the use and benefit of said school. The said Board of Regents is vested with a sound discretion as to the order of construction, and as to the location of the improve- ments herein set forth, or in giving preference to such other improve- ments as will best promote the interest of the schools; Provided, the total expenditure shall not exceed the amount herein appropriated. The said Board of Regents shall appoint a competent architect or architects to prepare, under their direction, plans and specifications for the buildings aforesaid, and shall contract with responsible part- ies for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all build- ings and improvements and for the equipment for the same for the purposes mentioned in this act, shall be let to the lowest and best bidder, after the same is duly advertised by notice for at least one month in a weekly or semi-weekly newspaper published in the city of Richmond, Kentucky, which, in the judgment of the said Board of Regents, has the largest circulation. The successful bidder or bidders in each case shall enter bond to the Commonwealth of Ken- tucky for the benefit of said Normal School in a sum not less than twenty-five per cent of the contract price or sum for the completion of the work in the manner and within the time set out in the con- tract or contracts. The manner and time shall be fully and in de- tail set out in said contract. The money hereby appropriated shall be paid to the treasurer of the said Normal School from time to time, as the improvements contemplated in this act may require, and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treasurer of the State in favor of the treasurer of said Normal School for an amount or amounts as the said treasurer of said Normal School may, countersigned by the State Superintendent of Public Instruction, certify to him from time to time is necess'ary and needed in carrying out the provisions of this act: Provided, however, that one third of said appropriation shall be due and payable on Dec. 1, 1908, and one-third thereof shall be due STATE NORMAL SCHOOLS. 119 and payable on July 1, 1909, and one-third thereof shall be due and payable on July 1, 1910. The said Board of Regents shall submit to the next regular session of the General Assembly an itemized ac- count and statement of the expenditures made for the purposes herein named, which account and statement shall be properly certified and audited; and if any of the funds hereby appropriated remain unex- pended after the additions and improvements to said Normal School herein authorized have been made, the same shall be returned to the State Treasurer by the said Board of Regents. 270. (32) (3) $150,000.00 Dollars Appropriated for Western Normal School. That the sum of one hundred and fifty thousand dol- lars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the benefit of the Western Kentucky State Normal School Bowling Green, Kentucky, for the erection and equip- ment of a suitable dormitory for the accommodation of male stud- ents; also for the erection and equipment of suitable dormitory for the accommodation of female students; also for the erection and equipment of a suitable science hall; also for the erection and equip- ment of buildings for additional class rooms; also for the erection and equipment of 'a building for library and laboratories; also for the necessary repairs and equipment of the present buildings of said in- stitution. All of said buildings shall be erected upon the grounds owned by said institution, or upon such grounds as may be acquired by purchase by the Board of Regents of said institution. If, in the judgment of the said Board of Regents, the purchase of additional grounds may be necessary for the accommodation of the new build- ings herein contemplated or for the proper conducting of said school, they may make such necessary purchase and pay for same out of the money herein appropriated. The title to such real estate shall be made to, and held by, the Commonwealth of Kentucky, for the use and benefit of said school. The s'aid Board of Regents is vested with a sound discretion as to the order of construction and as to the location of the improvements herein set forth, or in giving prefer- ence to such other improvements as will best promote the best in- terests of the school, provided that the total expenditure shall not exceed the amount herein appropriated. The said Board of Regents shall appoint a competent architect or architects, to prepare under their direction, plans and specifications for the buildings aforesaid, and shall contract with responsible parties for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all buildings and improvements and for the equipment for the same for the purposes mentioned in this act, shall be let to the lowest and best bidder after the same is duly advertised for ten consecutive days in a daily paper pub- lished in Bowling Green, Kentucky, having the largest circulation, or for four consecutive weeks in the weekly paper published in said 120 KENTUCKY SCHOOL LAWS 1916. city, which, in the judgment of the said Board of Regents has the largest circulation. The successful bidder or bidders in each case dhall enter into bond with the Commonwealth for the benefit of said Normal School in a sum not less than twenty-five per cent of the contract price or sum for the completion of the work in the manner and within the time set out in tho contract or contracts, and manner and time shall be fully and in detail set out in said contracts. 271. (34) Payment of Appropriation Reports Concerning. The money hereby appropriated shall be paid to the treasurer of said Normal School from time to time as the improvements contem- plated in the act may require; and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treasurer of the State in favor of the treasurer of said Normal School for an amount or amounts as said treasurer of said Normal School may, countersigned by the State Superintendent of Public Instruction, certify to him from time to time is necessary and needed in carrying out the provisions of this act; provided, however, that one-third of said appropriation shall be due 'and payable on Decem- ber 1st, 1908, one-third thereof shall be due and payable on July 1st, 1909, and one-third thereof shall be due and payable on July 1st, 1910. The said Board of Regents shall submit to the next regular session of the General Assembly an itemized account 'and statement of the expenditures made for the purpose herein named, which ac- count and statement shall be properly certified and audited, and if any of the funds hereby appropriated remain unexpended after addi- tions and improvements to said Norm'al School herein authorized have been made, the same shall be returned to the State Treasurer by the said Board of Regents. 272. (35) $20,000.00 Annual Appropriation for Eastern School. That the additional sum of twenty thousand dollars is hereby ap- propriated for the current fisc'al year and for each succeeding year for the benefit of the Eastern Kentucky State Normal School, and the same is directed to be paid by the Treasurer of the State to the treasurer of the said Eastern Kentucky State Normal School upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue s'aid warrants for the purpose aforesaid. 282. (36) $30,000.00 Annual Appropriation for Western School. That the additional sum of thirty thousand dollars is hereby appropriated for the current fiscal year and for each succeeding year for the benefit of the Western Kentucky State Normal School, and the same is hereby directed to be paid annually by the Treasurer of the State to the treasurer of the said Western Normal School upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrants, fqr tbe purpose aforesaid. STATE NORMAL SCHOOLS. 121 283. ( 4535b-l. Ky. St.) Appropriation for Normal School and State University Penalty for Creating Debts in Excess of. In order to provide additional income to meet the additional annual ex- penditure of each of said institutions respectively: That the additional sum of fifty thousand dollars is hereby appropriated for the current offi- cial year and for each succeeding year for the benefit of the State Uni- versity, Lexington, Kentucky, a necessary part of which shall be used to meet as far as possible the pressing demands for agricultural instruc- tion and instruction in domestic science, in the agricultural college of said university, and the same is directed to be paid by the Treas- urer of the State to the treasurer of said university, upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrants for the purpose aforesaid. 284. ( 4535b) Appropriation of $35,000.00 for Eastern Nor- mal School. The additional sum of thirty-five thousand dollars is hereby appropriated for the current fisc'al year, and for each suc- ceeding year for the benefit of the Eastern Kentucky State Normal School, a necessary part of which appropriation shall be used to meet as far as possible, the pressing demands for agricultural instruction, for instruction in household economics and for manual training in the respective departments of said institution, and the same is directed to be paid by the Treasurer of the State to the treasurer of the said Kentucky State Normal School, upon warrant or war- rants issued by the Auditor of Public Accounts, who is hereby di- rected to draw and issue said warrant for the purpose aforesaid. 285. ( 4535b Ky. St.) Appropriation of $25,000.00 for West- ern Normal School. That the additional sum of twenty-five thousand dollars is hereby appropriated for the current fiscal year and for each succeeding year for the benefit of the Western Kentucky State Normal School, a necessary part of which appropriation can be used to meet as far as possible the pressing demands for agricultural in- struction, for instructions in household economics and for manual training in the respective departments of said institution, and the same is directed to be paid by the Treasurer of the State to the treasurer of the said Western Kentucky State Normal School, upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrants for the purpose aforesaid. (1) The Board of Regents of the Western Normal School is hereby authorized and empowered to pay the bond lor $5,000.00 fall- ing due in 1916 and the bond falling due in 1917, which bonds were executed pursuant to the provisions of the act of 1912, and said two bonds shall be paid out of the annual appropriation heretofore made for the support and maintenance of said school. (2) When the bond executed pursuant to the aforesaid act falls due in the year 1918, the Auditor of Public Accounts is hereby 122 KENTUCKY SCHOOL LAWS 1916. authorized to draw his warrant in favor of said Western Normal School for said sum as well as for the interest on the whole of said indebtedness, and each year thereafter the Auditor is authorized to draw his warrant for a like sum until the full amount of said in- debtedness shall have been p'aid to said Western Normal School, but the money thus paid to said Western Normal School shall be used for no purpose other than to discharge said indebtedness or to repay said school or any person who has discharged any part of said in- debtedness prior to the passage of this act; provided, however, that the total amount paid under the provisions of this act and under the provisions of the act of 1912 shall not exceed the amount of said indebtedness, including the interest thereon. 286. ( 4535b-l Ky. St.) Obligations Not to be Contracted- Penalties. That it shall be illegal for any officer, trustees or any person in any way connected with the Eastern Kentucky State Nor- mal School, the Western Kentucky State Normal School or the State University of Lexington, Kentucky, to contract any obligation for or on behalf of said institution, when there is no money, or sufficient money, in their respective treasuries or has been no money appro- priated for the purpose for which said contract or obligation was made, and that any of the said persons who fail to comply with this law, shall be fined in each case, not less than two hundred and fifty dollars, nor more than two thousand dollars, or confined not less than ten days in jail nor more than six months, or both so fined and imprisoned. 287. ( 4535c Ky. St.) Title to Real Estate of Western Normal School Power to Borrow Money. That the title to all said real estate, all of which is situated in Warren County, Kentucky, be and the same is transferred to and vested in the corporation known as "The Board of Regents for Normal School District No. 2;" and that the said Board of Regents be and it is hereby empowered to sell and convey such part or parts of the said real estate now owned as in its judgment is not necessary to the welfare of said school. Pro- vided, that no conveyances being provided for shall become effective until approved by the Board of Sinking Fund Commissioners, which approval shall be endorsed upon said conveyance, and provided fur- ther, that all funds realized from any sale authorized herein shall be applied to the payment of the indebtedness as exists against said Western Normal School. 288. ( 4535c Ky. St.) Mor.ey May be Borrowed. And it is also authorized and empowered to borrow a sum of money sufficient to meet and pay said deficit or debt arising by reason of the erection of said buildings and improvements and otherwise, and to execute its notes or bonds for the amount or amounts so borrowed and to secure the payment of such notes or bonds, said board is hereby authorized and empowered to execute a mortgage upon any or all STATE NORMAL SCHOOLS. 123 of said real estate; and is further authorized and empowered to bor- row said money upon such time or terms as it may deem best for said school, but the rate of interest paid upon any such loans shall not exceed six per cent per annum, which interest shall be paid as the same falls due by the Commonwealth of Kentucky. 289. ( 4535c Ky. St.) Interest Paid by State Auditor. The chairman and secretary of said Board of Regents shall draw their warrants for s'aid interest installments as they fall due on the Auditor of Public Accounts, payable to the treasurer of said school, and upon receipt of said draft by the Auditor, he shall draw his war- rant for the proper amount upon the Treasurer of the State. The money authorized to be paid out of the State Treasury by this act shall be paid out of the general funds not otherwise appro- priated. CHAPTER XXIII. STATE NORMAL SCHOOL FOR COLORED PERSONS. 290. ( 4527 Ky. St.) Trustees Appointment Term of Office Powers Vacancies Treasurer. The State Normal School for Colored Persons, established by an act of the General Assembly, ap- proved May eighteenth, one thousand eight hundred and eighty-six, shall hereafter be under the control and supervision of a board of trustees, composed of the Superintendent of Public Instruction, who shall be ex-officio chairman of the board, and three intelligent and discreet persons, residents of Franklin County, to be appointed by the Governor subject to the approval of the Senate, who are hereby constituted a body corporate, with power to sue and be sued, plead and be impleaded, and to hold in trust all funds and property now owned by said school, or which may hereafter be provided for it, and shall be known and designated as "The Board of Trustees of the Kentucky State Normal School for Colored Persons." The term of office for the three members appointed by the Governor shall begin on the first day of July, one thousand eight hundred and ninety-three, and one member thereof shall retire as may be determined by lot, at the end of one year thereafter; one in two years, and the other in three years; their successor shall be appointed by the Governor for a term of three ye'ars; they shall be subject to removal by the Governor for cause, and he is authorized to fill all vacancies occur- ring by death, resignation or otherwise. Said board shall adopt such rules for the government of said school, not inconsistent with law, as they deem proper, and shall supervise all its interests, provide for all its wants, confer weekly with the faculty, and require formal re- ports of the actual condition of the school in every regard. They shall biennially, beginning on the first day of July, 1893, elect some suitable person outside of their own number as treasurer, who, be- fore entering on his duty, shall give in bond such a sum as they may prescribe, and they shall agree with him as to compensation: Provided, That in ncr-case shall such compensation exceed one hundred dol- lars per annum. 291. ( 4528 Ky. St.) Department of Agriculture and Me- chanics Fund for. There shall be maintained in said institution a department for the education of colored students in agriculture and the mechanical arts, and for s'aid purposes said board shall be en- titled to receive an equitable division of the moneys arising from the sale of public lands, and appropriated to the State of Kentucky STATE NORMAL SCHOOL FOR COLORED PERSONS. 125 by an act of Congress, approved August 30, 1890, entitled "An Act to apply a portion of the proceeds of public lands to the more com- plete endowment and support of the college for the benefit of 'agri- culture and the mechanic arts, established under the provisions of an act of Congress." 292. ( 4529 Ky. St.) Trustees Powers Concerning Studies Instructors and Teachers. Said board shall prescribe the course of study for the said Normal School; shall select the instructors and fix their salaries, ami shall determine the conditions, subject to the limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school. 293. ( 4530 Ky. St.) Pupils Terms of Admission. Any pupil to gain admission to the privileges of instruction in said Nor- mal School shall be at least sixteen years of age, possess good health, satisfactory evidence of good moral character, and sign a written pledge, to be filed with the principal, that said 'applicant will, as far as practicable, teach in the common schools of Kentucky a period equal to twice the time spent as a pupil in said Normal School, together with such other conditions as the board may from time to time impose, but no such pledge shall be required of the pupils who matriculate in the departments of agriculture or me- chanics. 294. ( 4531 Ky. St.) Tuition When Free to Pupils. Tuition in said Normal School shall be free to all colored residents of Ken- tucky who fulfill the conditions as set forth in the preceding sec- tion, and such other conditions as the board may require. The board shall fix the rate of tuition and the conditions on which pupils, who are not residents of Kentucky, may be admitted to the privi- leges of said Normal School. 295. ( 4532 Ky. St.) Sectarian Teaching Forbidden. No religious tenets shall be taught in said Normal School, but a high standard of Christian morality shall be observed in its management, and, so far as practicable, shall be inculcated in the minds of the pupils. 296. ( 4533 Ky. St.) Trustees to Visit School jReports by To Legislature. The bo'ard shall, in a body or by a majority of their number, visit said Normal School once during each session, witness the exercises, and otherwise inspect the condition of said school, and they shall make a biennial report to the legislature, set- ting forth the financial and scholastic condition of said Normal School, making such suggestions as in their opinion would improve the s'ame, and in the years in which there is no session of the legis- lature, they shall make their report to the Governor. 297. ( 4534 Ky. St.) Appropriation for Payment of. The sum of $3,000.00 shall be annually appropriated out of the State treasury to pay the teachers and defray other necessary expenses in the maintenance of said Normal School, which amount, together 126 KENTUCKY SCHOOL LAWS 1916. with the sum received under the provisions of said act of Congress, shall be set apart and be known and held as the Colored Normal School Fund. This fund shall be paid out of the State treasury only on the warrant of the Auditor, drawn on the order of the board. 298. ( 4535 Ky. St.) Certificates and Diplomas May be Granted by the Board. The board is authorized to grant, from time to time, certificates of proficiency to such pupils as shall have com- pleted the prescribed course of study in any department of the in- stitution, and whose moral character and disciplinary relations to said school shall be Satisfactory. And such teachers as shall have completed the prescribed course of study in the Normal department, and exhibited satisfactory evidence of ability to instruct and man- age a school, shall be entitled to diplomas appropriate to such de- grees as the board shall confer upon them, which diplomas shall entitle them to teach in any of the colored common schools of this State. DECISION OF THE COURT OF APPEALS. The fact that a pupil may hold a valid diploma will not justify the superintendent in refusing: tc sign it, for he owes that duty. He is a member of the governing- board, and is bound by ths action of a majority cf .its members. State Superintendent v. Reid, 165 Ky., 613. 299. ( 4527a Ky. St.) Name of SchoolPresident and Powers. The name ol the State Normal School for Colored Persons is hereby changed to that of "The Kentucky Normal and Industrial Institute for Colored Persons," and its board and trustees shall be known as "The Board of Trustees of the Kentucky Normal and In- dustrial Institute for Colored Persons." The presiding officer of the institute, who shall be selected by the board of trustees, shall be styled the "President of the Institute," and shall be the chief ad- ministrative officer of the institution under the control of the board of trustees, and be ex-officio a member of the board of trustees, and hold his office indefinitely, at the will of the s'aid board, but the superintendent shall have no vote in his own election or retention in office. 300. ( 4534a Ky. St.) $15,000.00 Appropriated for Dormi- tory. The sum of fifteen thousand dollars is hereby appropriated for the purpose of building a dormitory for the use of the female pupils of the State Normal School for Colored Persons, to be paid by the Auditor of Public Accounts out of any money in the treasury not otherwise appropriated, on the written order of the chairman of the bo'ard of trustees, as the work progresses. 301. ( 4534a Ky. St.) $5,000.00 Appropriated for Support. The further sum of five thousand dollars annually is hereby appro- priated for the support and conduct of said institution, to be paid by the Auditor of Public Accounts out of any money in the treasury STATE NORMAL SCHOOL FOR COLORED PERSONS. 127 not otherwise appropriated, on the written order of the chairman of the board of trustees at the same time the other annual appro- priation is paid. 302. ( 4534a Ky. St.) Twenty Thousand Dollars Appro- priated. The sum of twenty thousand dollars is hereby appropriated for the Kentucky Normal and Industrial Institute for Colored Persons from any funds in the treasury not otherwise appropriated, for the 'accomplishment of the aforementioned purposes, to-wit: The com- pletion of a girls' dormitory with satisfactory and economical plan of heating and lighting; the providing of water for ordinary use and for fire protection; the providing for industrial training to the end that the colored youth of the Commonwealth may be trained into in- dustrious habits and useful trades, as the trustees of the institution may, in their wisdom, decide best and most practical. 303. $40,000.00 Appropriated for Buildings, &c. The sum of forty thousand dollars, or as much as may be necessary thereof, be, and the same is hereby appropriated for the benefit of the Kentucky Normal and Industrial Institute for Colored Persons, Frankfort, Ken- tucky, for the purpose of paying the outstanding indebtedness here- tofore incurred in the purchase of agricultural lands; also for the erection and equipment of an auditorium and practice school; also for the erection and equipment of a mechanical shop; also for the erection and equipment of electric light and heating plants, and for the further extension of the water system of said institution. 304. Additional Grounds May be Purchased. If, in the judg- ment of the said board of trustees, the purchase of additional grounds may be necessary for the accommodation of the new buildings herein contemplated or for the proper conducting of said institution, they may make necessary purchase 'and pay for the same out of the money herein appropriated. 305. Appropriation for Buildings $6,800.00 Annual Appropria- tion $43,000.00. That there is hereby appropriated out of the general revenue of the State for the benefit of the Kentucky Normal and In- dustrial Institute for Colored Persons at Frankfort, Kentucky, the following named sums for the specific purposes named and set out herein, as follows: For the purpose of heating the administration buildings and purchasing appropriate apparatus for same, the sum of four thousand dollars ($4,000.00) is hereby appropriated. For the purpose of seating the auditorium in the administration building, the sum of sixteen hundred dollars ($1,600.00) is hereby appropriated. For the purpose of furnishing the President's offices, the sum of two hundred dollars ($200.00) is hereby appropriated. For the pur- pose of furnishing and equipping the sewing department, the sum of one hundred dollars ($100.00) is hereby appropriated. For the purpose of furnishing and equipping the cooking department, the sum of one hundred and fifty dollars ($150.00) is hereby appro- priated. For the purpose of furnishing and equipping one room for 128 KENTUCKY SCHOOL LAWS 1916. the model school, the sum of fifty dollars ($50.00) is hereby appro- priated. For the purpose of equipping the printing department, the sum of two hundred dollars ($200.00) is hereby appropriated. For the purpose of equipping the mechanical department, the sum of two hundred dollars ($200.00) is hereby appropriated. For the purpose of equipping the agricultural department the sum of two hundred dollars ($200.00) is hereby appropriated. For the purpose of equip- ping the library, the sum of one hundred dollars ($100.00) is hereby appropriated. Whereas, there are now valuable buildings, equipment and other property without any maintenance fund for the care, growth and development of the institution, the sum of three thou- sand dollars ($3,000.00) is hereby annually appropriated for this pur- pose. 306. ( 4534b Ky. St.) Appropriation of $17,500.00 for Ken- tucky Normal and Industrial Institute. That the sum of seventeen thousand and five hundred dollars ($17,500.00) be appropriated to the Kentucky Normal and Industrial Institute for Colored Persons from any funds in the State Treasury not otherwise appropriated for the purpose of settling an indebtedness of five thousand dollars ($5,000.00); providing a central heating plant, eight thousand dollars ($8,000.00); a laundry, twenty-five hundred dollars ($2,500.00.) 307. ( 4534b Ky. St.) Annual Appropriation of $2,000.00. That the sum of two thousand dollars ($2,000.00) annually be appro- priated for the equipment and maintenance of the training of students in such useful trades las the board of trustees in its wisdom may direct. That the sum of five (5) thousand ($250.00) dollars be, and the same is, hereby appropriated for this fiscal year, and for each suc- ceeding year, out of any money not otherwise appropriated, for the benefit of the Kentucky* Normal and Industrial Institute for Colored Persons, Frankfort, Kentucky, and the same is directed to be paid by the Treasurer of the State to the treasurer of the said Kentucky Normal and Industrial Institute for Colored Persons upon war- rant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrant or warrants for the purpose aforesaid. UNIVERSITY OF KENTUCKY. 129 CHAPTER XXIV. UNIVERSITY OF KENTUCKY. 308. That the institution founded under the land grant of eighteen hundred and sixty-two by the Congress of the United States and known formerly under the corporate designation and title of "Agricultural and Mechanical College of Kentucky" and afterwards known and designated as "The State University, Lexington, Ken- tucky," be hereafter known and designated as "University of Ken- tucky." That the government, administration and control of the Uni- versity of Kentucky be and is hereby vested in a board of trustees constituted and appointed as follows: (1) His Excellency, the Governor of Kentucky, who shall be an ex officio chairman thereof. (2) The Superintendent of Public Instruction, who shall be an ex officio member of said board. (3) The Commissioner of Agriculture, Labor and Statistics, who shall be an ex officio member of said board. (4) The President of the University of Kentucky, who shall be an ex officio member of said board. (5) Fifteen men, discreet, intelligent and prudent, who shall be nominated by the Governor of Kentucky by and with the 'advice and consent of the Senate. They shall hold office for six years, five re- tiring and five being appointed at each regular session of the Gen- eral Assembly. Said nomination shall be made within fifteen days after the legislature convenes. Said trustees shall be appointed and distributed as follows, namely: One from each Congressional Dis- trict outside of the Congressional District in which Lexington is situated, and the remainder from the latter district; but no more than three trustees shall be appointed from the county of Fayette; provided that no trustee now serving under an appointment pre- viously m'ade shall be displaced by the operation of this act before his term of service shall have expired. (6) In all appointments made hereafter by the Governor of the Commonwealth of Kentucky to the Board of Trustees of the Univer- sity of Kentucky other than those elected by the alumni, one-fifth of such number shall be appointed from those who have attended the said university as students for at least two years. (7) The seven members of the State Bo'ard of Agriculture, who shall be ex officio members of said board. (8) No member of the Board of Trustees of the University of Kentucky shall be held to be a public officer by reason of his mem- bership on said board. S. L. 5 130 KENTUCKY SCHOOL LAWS 1916. 309. Six members who shall be alumni of the university. The said six members of the board of trustees of the university referred to in this subsection shall be nominated and elected by ballot by the graduates of the university iand by those who have received de- grees therefrom in a method as hereinafter set forth. Provided, that no graduate shall be permitted to vote during the year of gradua- tion. The names of the persons who have received a plurality of the votes cast shall be certified to the Governor by way of recom- mendation for lappomtment, who shall appoint the persons so recom- mended as such additional members of the board of trustees of the university and shall have all the rights, powers and privileges that are now conferred by law. 310. The nomination and election of such additional trustees held hereunder shall be held biennially, under rules and regulations prescribed by the board of trustees, and all nominating ballots and all election ballots shall be publicly opened on fixed and published days. At least sixty days shall intervene between the mailing and opening of both nominating 'and election ballots, and such ballots shall be mailed by the secretary of the board of trustees, to each person entitled to vote at his address as appears from the books of the university and except in the year nineteen hundred and fourteen, the date fixed for elections shall be the day before the regular com- mencement exercises at the university, and no b'allot shall be counted unless it is actually cast by noon of said day. In case of an equality of votes between two or more candidates, the person who shall hold said office of trustee shall be designated by lot from the persons receiving such equality of votes. The Governor of the Common- wealth, upon proper certification by the secretary of the board of trustees, shall issue a commission in the name of the Commonwealth to such additional members of said board of trustees. 311. On or before December first, in the year nineteen hun- dred and fourteen, and in a manner as provided in Section two of this act such six additional members of the board of trustees shall be nominated and elected and the two receiving the highest num- ber of votes shall hold office for six years; the two receiving the next highest number of votes shall hold office for four years, and the two receiving the next highest number of votes shall hold office for two years. Biennially thereafter the alumni of the University of Kentucky shall nominate and elect, by a plurality of votes, as provided in Section two of this act, two members to serve for a period of six years: Provided, that whenever a vacancy occurs from death, resignation, or other cause, the board of trustees shall ap- point a graduate, las provided in Section one of this act, until the next regular election when such vacancy shall be then filled by nomi- nation and election for the unexpired term in the manner as pro- vided in Section two of this act. UNIVERSITY OF KENTUCKY. 131 312. The board of trustees shall elect an executive committee which shall consist of seven members, any four of whom shall con- stitute a quorum. 313 The Governor shall appoint at the meeting preceding the annual commencement each year from the board of trustees an ex- tension committee of eight, and he shall by virtue of his office be a member of and chairman of such extension committee. Four mem- bers of the extension committee shall be members of one of the political parties who have a right to name a member of the State Board of Election Commissioners, and four shall be members of the other political party having such right. Four members of such ex- tension committee shall be appointed from the members of the State Board of Agriculture and four from the other members of the board of trustees of the university. The extension committee shall be charged with the gener'al administration of all extension funds of the university, and of their expenditure. It shall at each regular meeting of the trustees, and at each call meeting, if required, sub- mit to the board a complete record of its proceedings for the con- sideration and approval of the board of trustees; provided that the authority of the board of trustees to revise the acts of the exten- sion committee shall not extend to the rejection of any valid or au- thenticated account of money expended by the said extension com- mittee. 314. Executive Committee to be Selected Alumni to be In' eluded. The board of trustees, at its first meeting in the year 1915, shall elect an executive committee which sh'all consist of seven (7) members, three (3) of whom shall be from those graduates of the university appointed from the alumni recommendations, and four (4) of whom shall constitute a quorum." 315. Other Members of Alumni to be Selected by Governor. In all appointments made hereafter by the Governor of the Com- monwealth of Kentucky to the board of trustees of the University of Kentucky, other than those elected by the alumni, one-fifth (1-5) of such number appointed shall be alumni of the s'aid institution. 316. The president of the college shall be ex officio a member of the board of trustees. 317. Trustees Powers and Duties Selection of President and Professors. The board of trustees, when appointed and qualified, shall be a body corporate, under the corporate name of the Univer- sity of Kentucky, and as a corporation shall have power to sue and be sued, implead and be impleaded, contract and be contracted with, and possess all the immunities, rights, privileges and franchises usually attaching to the governing bodies of educational institutions. They shall have power to receive, hold and administer, on behalf of the institution whose government, administration and control is committed to them, all revenues accruing from all existing or future 132 KENTUCKY SCHOOL LAWS 1916. endowments, appropriations or bequests, by whomsoever made, sub- ject to the conditions attaching thereto; to receive, administer and apply, for and on behalf of said college, all moneys, devises, stocks, bonds, buildings, museums, lands, apparatus, and so forth, under the conditions attaching thereto. Said trustees shall have power to determine, from time to time, the number of departments of study or investigation which the college shall comprise within the scope of the organic act of Congress, or acts supplementary thereto, donat- ing land script for the endowment of agricultural and mechanical colleges; the relation which e'ach department or group of depart- ments shall sustain to each other and to the whole; to devise, allot and arrange the distribution of departments or groups of depart- ments with the designation appropriate to each, and to devise the means required for their effective instruction, administration and government. They shall have, also, power to appoint presidents, professors, assistants, tutors and other officers, and to determine the salaries, duties and official relations of each; and shall provide for a definite salary in money attached to all positions created and filled by the Board of Trustees; and there shall be no additions thereto in the form of fees, perquisites or emoluments of any kind whatever. They shall have full power to suspend or remove at will any of the officers, teachers, professors or agents whom they are authorized by law to appoint, and to do all other acts which may be needful for the welfare of the institution. 318. Degrees. Said board of trustees shall have power to grant degrees to the alumni of the institution; to prescribe condi- tions upon which post-graduate honors shall be obtained by its alumni and others, and to confer such honorary degrees, upon the recommendation of the faculty of the institution, as they may think proper. 319. A majority of the whole board shall constitute 'a quorum for the transaction of business. 320. In the appointment of presidents, professors or instruc- tors no preference shall be shown to any religious denomination. 321. ( 4636C-4) (20) Trustees to Meet in Lexington Power to Appoint Secretary and Treasurer The Executive Committee. The board of trustees shall meet in Lexington twice each year in the president's room in the college, namely, upon the Tuesday preced- ing the annual commencement, 'and upon the second Tuesday in December. In the absence of the Governor, the board shall have the power to appoint a chairman pro tem. They shall elect annually a secretary, who shall keep a record of their proceedings, and a Treasurer, who shall receive and disburse the funds, and a business agent, who shall make all purchases for all departments of the col- lege and attend to all the business under the direction of the board. Said secretary and treasurer and business agent shall receive for their services a fair compensation; but the treasurer elected under UNIVERSITY OF KENTUCKY. 133 the provisions of this act shall not be a member of the board of trustees or of the faculty of the college, or otherwise an employe of the college or of any of the departments thereof. They shall, at each regular meeting, appoint an executive committee, consisting of five of their number, residing in or near Lexington, including a chair- man thereof, three of whom shall constitute 'a quorum; and said committee shall choose from their number a chairman pro tern, to act in the absence of the' permanent chairman. The executive com- mittee shall be charged with the general administration of the af- fairs of the college under such bylaws and regulations as shall be prescribed by the board of trustees, and with the execution of meas- ures specially authorized by the board. It shall, at each regular meeting of the trustees, and at each called meeting if required, sub- mit to the board a complete record of its proceedings for the con- sideration and approval of the board of trustees: Provided, That the authority of the board of trustees to revise the acts of the executive committee shall not extend to the rejection of any valid or authen- ticated account of money expended under a general or specific au- thority granted by the board of trustees, and within the sums ap- propriated by the board for specific or contingent objects at regular or called meetings. The secretary of the board of trustees shall also be secretary of the executive committee and the custodian of the records, and so forth, of the board and of said committee. 322. ( 3436c-4) (21) Treasurer. That the treasurer of said college shall enter into covenant with the Commonwealth of Ken- tucky, with one or more good sureties bound therein, to be approved by the board of trustees, conditioned for the faithful performance of his duties, and the payment of all money that shall come to his hands to his successors in office, or to such person or persons as may be lawfully entitled to receive the same. Any person or per- sons, including the board of trustees, injured by any breach of this bond, may maintain in the Fayette Circuit Court appropriate action thereon. The said treasurer shall keep an itemized account of re- ceipts and expenditures, and shall pay out no money except on au- thorization of the board of trustees, given directly or through its executive committee. He shall render to the executive committee monthly statements of receipts and expenditures, and amount on hand, 'and a full detailed statement, with vouchers, for the informa- tion and action of the board of trustees at its regular annual meet- ing, and at other periods when required. 323. ( 4636C-4) (23) Vacancies in Board of Trustees. In the case of the death, resignation or refusal to serve of any of the trustees appointed as members of the board on behalf of the State, the remaining trustees shall, at their first meeting thereafter, have power to fill all vacancies occasioned by such death, resignation or refusal to serve; and the person or persons so appointed shall hold 134 KENTUCKY SCHOOL LAWS 1916. their offices as trustees during the natural or unexpired terms of the person or persons for whom they are substituted and appointed. Any trustees who shall fail to attend two consecutive meetings with- out proper notification to the secretary of the reason therefor, shall hereby vacate his office of trustee, and the board shall fill the vacancy as hereinbefore provided for. 324. ( 4636c-4) (24) All necessary expenses incurred by the trustees in going to, returning from, or while attending the meetings of the board, shall be met and discharged out of the funds of the institution. 325. ( 4636C-4) (25) Meeting of Board of Trustees. That in addition to the regular meetings, called meetings of the board of trustees may also be held. The call for such meetings must be in writing, signed by three or more trustees. The call must also be formally communicated by the secretary to each trustee by mail, at his postoffice address, at least fifteen days before the day fixed for the meeting, and must state definitely the object of the meeting; and no business not thus explicitly announced shall be acted on at the called meeting. 326. ( 4636c-4) (26) Collegiate Period. That the regular collegiate period of the University of Kentucky shall be four years, and only those students who pass through that period and attain the prescribed standard of proficiency in the regular course of studies, or those who, having qualified themselves elsewhere, shall be found, after at least one year's attendance in the college, to have attained the prescribed standard of proficiency in the regular course of stud- ies, shall receive a diploma from the college. 327. ( 4636c-4) (27) Trustees to Govern College. That the board of trustees be, and hereby are, empowered to establish proper regulations for government of the college and physical training, mili- tary or otherwise, of the students, and to authorize the suspension and dismissal of students for neglect or violation of the regulations, and for other conduct prejudicial to the character and welfare of the institution. 328. ( 4636C-4) (28) Trustees to Report to General As- sembly. That the board of trustees shall make to the General As- sembly, within the first month of each regular session, a full report of the condition and operation of the college since the date of the preceding report, with such recommendations concerning the col- lege as may be deemed necessary. 329. ( 4636c-4) (29) Appointment of Students. In addition to the foregoing, teachers or persons preparing to teach may b^e admitted at the rate of not more than four from each county, upon the same conditions, receive the same benefits, and have the same privileges in said college as prescribed in the preceding section. These appointments shall be vested in the County Superintendents. UNIVERSITY OF KENTUCKY. 135 Said appointments may be made and certified to the president of the college at any time between the first day of July and the thirty-first day of December of each year. 330. ( 4636C-4) (30) Circular of Information to County Superintendents. The president shall, on or before the first day of July of each year, have printed and mailed to each County Superin- tendent of common schools of this State at least as many circulars of information relative to said college as there are common school districts in said respective counties. Said circulars shall set forth in full the benefits of, methods of admission into, and the probable cost to beneficiaries of said college. The County Superintendents of com- mon schools shall have at least one of said circulars posted in the schoolhouse of each common school district in their respective coun- ties during the term of the free school thereof. 331. ( 4636c) (30b) (1) $60,000.00 Appropriation In Agri- cultural and Mechanical College. That the sum of sixty thousand dollars, or so much as may be necessary therefor, be and the same is hereby 'appropriated for the purchase of ground and the erection thereon of a suitable building as a dormitory for young women stud- ents of the University of Kentucky, and the equipment and furnish- ing thereof, which dormitory shall be capable of lodging and board- ing comfortably one hundred and twenty-five persons; also, for the purpose of erecting and equipping a suitable building for military instruction, physical culture and rooms for Young Men's Christian Association; also, for the erection and equipment of a suitable build- ing for the use of the normal department and for the use of the academy, also, for the erection and equipment of a dormitory for young men students of said college; also, for the purpose of erect- ing and furnishing an annex for the use of the engineering depart- ment of said college. 332. (2) $30,000.00 for Women's Dormitory. Thirty thousand dollars of the sum appropriated under Section 331 of this act is nereby set apart for the purchase of ground and erection of a dormi- tory for young women and for the equipment and furnishing of the dame. Said building shall contain the necess'ary bed rooms, water closets, bath rooms, kitchen, store rooms, hall for physical culture with the necessary conveniences which should pertain thereto. Said women's dormitory shall not be situated on any part of the ground known as the college campus. The title to said property shall be vested in the board of trustees of the University of Kentucky. 333. (3) The residue of the appropriation made by this act shall be used by the board of trustees of said college in erecting, equipping and furnishing the other building set forth in Section 331 of this act, and if the residue of the appropriation be not sufficient therefor, then it shall be expended in erecting and furnishing such of said other buildings as the board of trustees may think most necessary until said appropriation be exhausted. 136 KENTUCKY SCHOOL LAWS 1916. 334. (4) Women to Control Women's Dormitory. The board of trustees shall appoint three prudent, discreet, intelligent women, members in good standing of one of the religious organizations recognized by the laws of the United States, who shall constitute a board of supervision or control to manage and superintend, under the direction of the board of trustees, the dormitory for young women. The term of service shall be for six years; but the first appointments shall be, one for two years, one for four years and one for six years, respectively, and thereafter, upon the expiration of their terms of service, one shall be appointed at the close of each biennial period to fill the vacancy. Provided, however, that the board of trustees shall have power at any time to remove any member of the board of control for reasons which they may deem sufficient and to fill the unexpired term by an interim appointment. Said board of super- vision shall meet at convenient intervals for the transaction of busi- ness. They shall keep a record of their proceedings and submit the s'ame to the board of trustees at their regular meetings. Their re- ceipts and expenditures shall be embodied in semi-annual reports to the board. They shall, when the dormitory is ready for the recep- tion of students, submit to the bo'ard of trustees for their approval or to the executive committee, if the board of trustees be not in ses- sion, a body of regulations in" relation to their administration of the business of the dormitory, and in relation to the conduct and discip- line of its occupants. The members of the bo'ard of supervision or control shall receive no salary; but the necessary expenses, incurred in the discharge of their duties, shall be paid out of the funds set apart for the administration of the women's dormitory. 335. (5) $2,000.00 Appropriated for Expenses of Women's Dormitory. The sum of two thousand dollars annually is hereby ap- propriated to defray the running expenses of s'aid women's dormi- tory, including fuel, lights, servants' hire, janitor, cooks, and the necessary expenses of the board of supervision or control as herein- before set forth. 336. (6) Board in Dormitory. The rates of board charged young women shall be determined by the cost of provisions and their preparation and service, with no margin or profit. A small monthly fee may, however, be 'added to cover the wear and tear of kitchen, dining room and bed room furniture. 337. (7) The duties of the board of supervision or control shall be concerned exclusively with the management of the women's dormitory, and shall in no wise relate to the college privileges, duties and relations of the young women nor to the requirements of the faculty regarding their work or the discipline and control of the faculty over them as students. 337a (8) The President of the college shall, as the representa- tive of the Board of Trustees, have the same general authority in UNIVERSITY OF KENTUCKY. 137 regard to the women's dormitory which he is expected and required to exercise over the interests all and singular of the college, and any occupant of said dormitory who may feel aggrieved by the act of the board of control or the subordinate appointees shall have the privi- lege of appeal to the President of the college, whose decision shall be final until the next meeting of the executive committee. 337b (9) Students Appointed Have Preference in Dormitory. Women students attending said college as beneficiaries and appointees of counties or legislative districts shall have preference for accom- modations in said women's dormitory, and if the accommodations of said dormitory are not sufficient for all such appointees then the proper authorities of said college shall decide, in some way fair and equitable, who shall be entitled to said accommodations, all counties being given equal representation as nearly as possible. If any rooms in said dormitory remain after all such appointees are accommodated, other female students may be allowed the use thereof, each county being given equal representation as nearly as possible. All rooms shall be assigned by lot three days after the session opens. Like rules and preferences shall be observed in regard to dormitory accommoda- tions provided for men students at said college. All rooms shall be assigned by lot three days after the session opens. 338. ( 4636-c) (30a) Duty of County to Post Circulars. Each failure or neglect on the part of the superintendent of schools in any county in Kentucky to place in such schoolhouse in his county before the fifteenth of May, of each year, a copy of the circulars aforesaid, transmitted by the president of said college for the pur- pose aforesaid, shall be deemed a neglect of duty; and for each of- fense an action may be maintained against such superintendent by the trustees of each school within the county where circulars have not been placed according to the law, and upon conviction thereof he shall be subject to a penalty of not less than twenty-five nor more than fifty dollars. Said action may be maintained in the courts of justice of the peace having jurisdiction in the school district or in the county court, and a like penalty shall be incurred by the super- intendent for the neglect of duty in appointing a time and place for competitive examination for the selection of beneficiaries in his county according to the provisions set forth in section fourteen of the aforesaid act, approved May ninth, one thousand eight hundred and ninety-three. 339. ( 4636b.) Two Hundred Thousand Dollars Appropriated to University of Kentucky Additional Grounds May be Purchased Architects May be Employed Advertisement Bond by Successful Bidder Money How to be Paid Statement to be Submitted to General Assembly. That the sum of two hundred thousand dollars, or as much 'as may be necessary thereof, be and the same is hereby appropriated for the benefit of the University of Kentucky, Lexing- 138 KENTUCKY SCHOOL LAWS 1916. ton, Kentucky, for the purpose of paying the outstanding indebted- ness heretofore incurred for the erection of necessary buildings and equipment of same on the grounds owned by the said institution, and for the erection and equipment of a suitable building for the depart- ment of mining engineering, civil engineering and physics; also, for the erection and equipment of a necessary addition to the chemical building; also for the erection and equipment of a necessary addi- tion to the mechanical and electrical engineering building; also for the erection and equipment of a new dormitory for the accommoda- tion of the male students of said institution. All of said buildings shall be erected upon the grounds owned by said institution, or upon such ground as may be acquired by purchase by the board of trust- ees of said institution. If, in the judgment of the said board of trustees, the purchase of additional grounds m'ay be necessary for the accommodation of the new buildings herein contemplated, or for the proper conducting of said institution, they may make such necessary purchase and pay for the same out of the money herein appropriated. The title to such real estate shall be made land held by the Commonwealth of Kentucky for the use and benefit of said institution. The said board of trustees is vested with a sound dis- cretion as to the order of construction and as to the location of the improvements herein set forth, or in giving preference to such other improvements as will best promote the interests of the institution, provided, that the total expenditure shall not exceed the amount herein appropriated. The said board of trustees shall appoint a com- petent architect or architects to prepare, under their directions, plans and specifications for the buildings aforesaid, and shall con- trkct with responsible parties for the erection and equipment of same. All contracts under this act for material and labor, or for the erection of any and all buildings and improvements, and for the equipment of the same for the purposes mentioned in this act, shall be let to the lowest and best bidder, after the same is duly advertised by notice for ten consecutive days in a daily newspaper published in the city of Lexington, Kentucky, having the largest cir- culation, or for four consecutive weeks in the weekly paper published in said city which, in the judgment of the said board of trustees, has the largest circulation. The successful bidder or bidders in each case shall enter into bond to the Commonwealth of Kentucky for the benefit of said university in a sum not less than twenty-five per cent, of the contract sum or price for the completion of the work in the manner and within the time set out in the contract or contracts, and manner and time shall be fully and in detail set out in said contract. The money hereby appropriated shall be paid to the treasurer of said university from time to time, as the improvements contem- plated in this act may require, and it shall be the duty of the Auditor of Public Accounts to draw his warrant or warrants upon the Treas- UNIVERSITY OF KENTUCKY. 139 urer of the State in favor of the treasurer of said university for an amount or amounts as the said treasurer of said university, counter- signed by the president, may certify to him from time to time, is necessary and needed in carrying out the provisions of this act: Provided, however, that one-third of said appropriation shall be due and payable on December 1, 1908; one-third thereof shall be due and payable on July 1, 1909, and one-third thereof shall be due and payable on July 1, 1910. Said board of trustees shall submit to the next regular session of the General Assembly an itemized account and statement of the expenditures made for the purpose herein named, which account and statement shall be properly certified and audited, and if any of the funds hereby appropriated remain unex- pended after the additions and improvements to said university herein authorized have been made, the same shall be returned to the state treasury by said board of trustees. 340. ( 4636b) (2) Normal Certificates. That the normal department of said university, as it now exists, be eliminated, and there be established instead thereof a department of education in said university, with collegiate rank, leading to the usual degree in pedagogy as maintained in other similar State institutions; that de- grees of bachelor of arts in education, and bachelor of science in education conferred in this department shall, with the approval of the State Superintendent of Public Instruction, entitle the holder thereof to the privilege of teaching in the common schools and high schools of the Commonwealth without further examination, during life or good behavior. The diplomas granting degrees may be re- voked for cause by the said board of trustees or by the State Super- intendent of Public Instruction. The board of trustees shall have power and authority, subject to the approval of the State Superin- tendent of Public Instruction, to confer, under its corporate seal, upon students of said department, the following certificates: (1st.) An elementary certificate upon the completion of one year's work, which shall entitle the holder thereof to teach in any public school of this State for the period of two years from the date thereof, without further examination. (2nd.) An intermediate certificate upon the completion of two years' work, which shall entitle the holder thereof to teach in any public school of this State for a period of four years from the date thereof without further examination. (3rd.) An advanced certificate upon the completion of three years' work, which shall entitle the holder thereof to teach in any public school of this State for a period of three years from date thereof without further examination, and if, at the end of three years, 'a teacher holding an advanced certificate shall present to the board of trustees which granted the same, satisfactory evidence of successful teaching during said period, and of good moral character, then the advance certificate may be extended for life or good be- 140 KENTUCKY SCHOOL LAWS 1916. havior by said board, subject, however, to the approval of the State Superintendent of Public Instruction, and it shall so be endorsed by the said board, and the holder thereof shall be entitled to teach in any public school in this State during good behavior, without further examination. The official endorsement of the State Superintendent of Public Instruction shall be necessary to Validate any of the said three cer- tificates or extension thereof above named. Any certificate may be revoked for cause by said board of trustees or by the State Superin- tendent of Public Instruction. That from and after two" years from this date all sub-freshman work shall begin to be eliminated 'as a part of the university curri- culum, and such elimination shall progress as rapidly as the educa- tional conditions in Kentucky will justify: Provided; however, special courses may be given in any of the departments of the university, except that no sub-freshman normal instruction shall be given after September 1, 1908, in any department of the university or academy connected therewith. 341. ( 4636a.) (30) Previous Acts Referred to That all the acts of the General Assembly of the Commonwealth of Kentucky, making provision for the establishment, support and maintenance of the Agricultural and Mechanical College of Kentucky, heretofore enacted, viz.: An act appointing a commission for the location of the Agricultural and Mechanical College, approved March 13, 1878; an act locating and establishing the Agricultural and Mechanical Col- lege, approved Febru'ary 6, 1880; an act incorporating the Agricul- tural and Mechanical College, approved March 4, 1880; an act amend- ing the act of incorporation, approved April 23, 1880; an lact of the General Assembly, approved April 29, 1880, and Section 184 of the Constitution of Kentucky, guaranteeing the validity of the tax levied for the benefit of the Agricultural and Mechanical College by said act, approved April 29, 1S80; an act of incorporation, amending the acts ol March 4, 1880, and April 23, 1880, approved May 9, 1893, an act for the maintenance of the girls' dormitory, approved March 21, 1900, and an act making an annual Appropriation for the maintenance and sup- port of the said college, which became a law March 26, 1904; and that all the acts of the Congress of the United States, creating and en- dowing colleges under the land grant of 1862, viz.: The lact provid- ing for the establishing of the college for the benefit of agricultural and mechanical arts, approved July 2, 1862; the act establishing experiment stations, as departments of agricultural colleges, approved March 2, 18-87; the act for applying a portion of the proceeds of the public lands to the more complete endowment of the colleges estab- lished under the act of July 2, 1862, which passed the Senate June 23, 1890; the act known as the "Adams Act," further endowing experi- ment stations, passed by Congress, March 16, 1906; an act known as UNIVERSITY OF KENTUCKY. 141 the "Nelson Act," for the further endowment of Agricultural and Mechanical Colleges, passed by Congress, March 4, 1907, shall not be affected by this change of name, and the revenue accruing from these and from all other sources, State and Federal, shall continue to be paid over by the State and Federal authorities to the treasurer of the University of Kentucky, Lexington, Kentucky, for its use and mainte- nance, in accordance with the provisions of said acts of Congress and of the Oi-iieral Assembly of Kentucky. 342. (4) Acts of Congress to be Carried Out. That the re- quirements of the law of Congress, approved July 2, 1862, for the in- struction in those branches of learning relating to agriculture and the mechanic arts and to military tactics, should be carried out fully, and that those branches shall continue to be an integral and indispensable course of instruction in the University of Kentucky; and that, in addi- tion to the other colleges of said university, one of the colleges shall be denominated the Agricultural College, and another the College of Mechanical Arts of the University of Kentucky. 343. (5) Department of Law Established. That a department of law, or course of instruction in the science of law leading to the degree of Bachelor of Laws, shall be established in said university. The course prescribed leading to said degree shall be of equal dignity and rank to that of other corresponding institutions. 344. (6) Department of Medicine and Surgery Established. That 'a Department of Medicine and Surgery, or course of instruction in the science of medicine and surgery, leading to the usual degrees conferred in such courses, shall be established in said university. The courses prescribed shall be of equal dignity and rank to that of other corresponding institutions, and that a diploma issued from this department shall be accepted throughout this State on equal terms with diplomas issued from other corresponding institutions. 345. (7) Appointment of Beneficiaries Competitive Examina- tion Duty of County Superintendents. Each county in the State, in consideration of the incomes accruing to said institution, under the present laws for the benefit of said Agricultural and Mechanical Col- lege, be entitled to select and send to said university each year one or more properly prepared students, as hereinafter provided for, free from all charges for tuition, matriculation fees, room rent, fuel and lights, and to have all the advantages and privileges of the said uni- versity, one white pupil for every three thousand 'and one for each fraction thereof over fifteen hundred of white school children, based upon the last official census preceding said appointment: Provided, however, that every county shall be entitled to at least one annual appointment. Said students shall be entitled, free of any cost what- ever, to the benefits enumerated above for the term of years neces- sary to complete the course of study in which he or she matriculates for graduation, or during good behavior. All beneficiaries of the State who continue students for one consecutive, collegiate year, or ten 142 KENTUCKY SCHOOL LAWS 1916. months, unless unavoidably prevented, shall also be entitled to their necessary traveling expenses in going to and returning from said col- lege. The selection of the beneficiaries shall be made by the Super- intendents of Common Schools in their respective counties, upon com- petitive examination, on subjects prepared by the faculty of the uni- versity and transmitted to said superintendents before the first day of June of each year. Said competitive examinations shall be open to all persons between the ages of fourteen and twenty-four years. Preference shall be given, other things being equal, to those who have passed with credit through the public school, persons of energy and industry, whose means are small, to aid whom in obtaining a good edu- cation this provision is intended. Said competitive examination shall be held, and the successful competitor appointed between the first day of June and the first day of August of each year. It shall be the duty of the County Superintendent to make known the benefits of this provision to each common school district under his superintendency, with the time and place, when and where such competitive examina- tion shall be held. He shall for this purpose, appoint a board of examiners, whose duty it shall be to conduct the examination. This shall not interfere with any appointment already made to said col- lege. 346. (8) Free Tuition to Certain Students. That the board of trustees of said university may within their discretion, concede the privilege of free tuition to students who are preparing for the ministry in connection with any white religious denomination. 347. (9) Bi-partisan Board After January 1, 1910. That the board of trustees shall, from and after January 1, 1910, be bi-partisan and the Governor, in making the appointments of trustees, shall so make them as to divide the representation upon said board equally betewen the two leading political parties of this Commonwealth, in- cluding the ex-officio members that the Superintendent of Public In- struction shall be ex-officio a member of the board of trustees. 348. (10) That the board of trustees have authority, out of the funds under their control, to expend an amount sufficient to meet the necessary expenses incurred in advertising and other necessary changes incident to the change of the style and title of the said in- stitution. 349. (11) Location Not Changed. That the location of the institution established by the act locating the University of Kentucky, approved February 8, 1880, shall not be affected by this change of name. 350. (12) That all acts passed by the Legislature of Ken- tucky, and all the regulations made by the board of trustees in pur- suance thereof, for the government of the agricultural and mechanical college, shall continue in effect and apply to the government of the University of Kentucky, Lexington, Kentucky, except to the extent herein specifically set out. UNIVERSITY OF KENTUCKY. 143 351. (13) That all students attending exclusively the law or medical department of the university shall pay the usual tuition fees. 352. (14) County Certificates May be Issued to Students. That students, while attending the University of Kentucky, may be examined for county teachers' certificates by the board of examiners of Fayette county, Kentucky, and on the dates provided in the com- mon school law for the examination of teachers. If such students are of the age and character required by law in the case of other candidates for county certificates, the County Superintendent of Fay- ette county shall admit them to examination and shall collect from each the legal fee, with fifty cents additional. At the close of the examination the County Superintendent shall transmit by registered mail the examination papers, together with the examination fee, to the County Superintendent of the county from which said candidate desires his certificate issued. The county board of examiners shall canvass the papers sent to them as 'above provided, and shall issue county certificates upon them upon the same terms and conditions as in case of candidates appearing in person for examination. 353. ( 4636) (1) Appropriation of $50,000.00 for Experi- ment Station. There is hereby appropriated to the Agricultural Ex- periment Station of the University of Kentucky, Lexington, Ken- tucky, for the current fiscal year and for each succeeding year there- after, fifty thousand dollars for the purpose of making field experi- ments in the several sections of the State in order to ascertain by chemical and physical examination of our soils and by direct experi- ments in laboratory and fields what crops and treatment are best suited to each, whether the present methods are tending to best re- sults and whether to the preservation or reduction of fertility, and what rotation and treatment will be most effective in retaining pro- ductive capacities of the soils of the various sections of the State, to discover and demonstrate the best methods of orchard treatment, the culture and m'arketing of fruits and vegetables, and the most effective remedies for insects and diseases of fruit and vegetables, and to make a systematic study of plant breeding and development by means of crossing and selection of new and improved varieties of fruits and vegetables, to enable said station to conduct investigations calculated to develop the beef, pork and mutton producing interests of the State, and especially to devise and conduct feeding experiments intended to demonstrate the most successful combination of stock foods, and to discover, if possible, the most economical and success- ful methods of maintaining anim'als and fitting them for the market, for pathological investigations, and to investigate live stock con- ditions both at home and abroad, in so far as they affect market values, to enable said station to conduct investigations for the pur- pose of developing the dairy interests of the State, and including feeding experiments for production of milk and butter, and the rear- 144 KENTUCKY SCHOOL LAWS 1916. ing of calves, and the study of contagious diseases for the purpose of finding remedies therefor, to enable the said station to conduct investigations for the purpose of developing the horse interests of the State, including the best methods of feeding and breeding, the study of diseases, and thorough scientific investigations for the benefit of the horse industry of the State; ten thousand dollars ($10,000.00) for the advancement of the poultry interests of the State, including experiments in breeding for egg production and methods best adapted for hatching and raising of chicks and feeding experiments and other investigations tending to the economical production of poultry and eggs, for providing the necessary equipment and paying the expenses of the extension work of said experiment station in order to bring the scientific knowledge already obtained, and that hereafter ob- tained, in the lines of agriculture and home economics, direct to the farm and home, by means of personal visitation, correspondence, co-op-Brative demonstrations and experiments and the solution of local problems by station experts visiting the locality and studying the problems on the farm, toward the maintenance of said station, and for the purpose of enlarging the hog cholera serum and serum plant now at said station, and for the production of hog cholera serum and virus to be furnished the farmers of this State at partial cost of production and not to exceed one cent per cubic centimeter and to be distributed through such channels as the director of said experiment station may deem advisable for the protection of the swine interests of the State. 354. (2) Payment to be Made Quarterly. The sums appro- priated under this ace 'are to be payable quarterly to the treasurer of said experiment station out of moneys in the treasury of the Commonwealth of Kentucky, and the Auditor, for the payment of same, is directed to draw his warrant upon the Treasurer as in all other claims against the Commonwealth. The Board of Control of said experiment station shall furnish to the Auditor of Public Ac- counts, yearly, an itemized statement of the money expended under this act. 355. That Section thirteen of an act entitled, "An act creat- ing a State Board of Agriculture, Forestry and Immigration, specify- ing the duties thereof and appropriating money therefor," which was approved by the Governor on March twenty-first, nineteen hun- dred 'and six, be amended and re-enacted so that it shall read as fol- lows: For the purpose of carrying out the provisions of this act, and for the general purposes of said department, including the gathering of statistics, the sura of seventeen thousand dollars per annum, in addition to the amount already appropriated for the benefit of the Bureau of Agriculture, Labor an.i Statistics, is hereby appropriated out of any money in the treasury not otherwise appropriated for the UNIVERSITY OF KENTUCKY. 145 use of the said Bureau of Agriculture, Labor and Statistics. The clerk of the board shall certify to all expenditures of the board to the chairman, who, in turn, sh:ill certify them to the Governor for his approval, and upon his approval he shall authorize the Auditor of Public Accounts to draw his warrant upon the Treasurer for the amount. 356. There is hereby appropriated to the University of Ken- tucky for the present fiscal year, the sum of eighteen thousand dol- lars, and a like sum is hereby appropriated annually thereafter, which shall be used by the university for the purpose of agricultural extension, and for the use of the college in teaching agriculture. 357. The University of Kentucky shall establish in connec- tion with its agricultural extension work a co-operative bureau for fostering marketing. 358. The various fiscal courts and boards of education of the counties in this State are hereby authorized 'and empowered to ap- propriate such sums of money out of their annual funds as in their wisdom is necessary to aid in carrying on extension work in agri- cultural and home economics in their respective counties, and in connection with the University of Kentucky. 359. The Commonwealth of Kentucky accepts and assents to the provisions of the act of Congress entitled, "An act to provide for 'a co-operative agricultural extension work between the agricul- tural colleges in the several states receiving the benefits of an act of Congress approved July two, eighteen hundred and sixty one, and of the acts supplementary thereto, and the United States De- partment of Agriculture, which was approved by the President of the United States, May eight, nineteen hundred and fourteen," in all of its terms and conditions, 'and the University of Kentucky is authorized and empowered to receive the grants of money appro- priated under its provisions. 360. The Commissioner of Agriculture, Labor and Statistics shall annually designate some date at least thirty days before the meeting of the State Farmers' Institute, when the farmers of each county shall meet in a convention at the county seat for the purpose of selecting one or more delegates to attend said State institute, and which convention shall at the same time select one or more crop reporters from each magisterial district in the county to serve for one year without pay, whose duty shall be to report to the Commis- sioner of Agriculture, Labor and Statistics, monthly the acreage and condition of crops and such other inform'ation as he, under the law, may ask for. In the event no convention of farmers is held on the date fixed, the said commissioner is authorized and empowered to appoint one or more delegates from such county to attend the said State institute, and to appoint one or more crop reporters in each magisterial district. 146 KENTUCKY SCHOOL LAWS 1916. CHAPTER XXV. ILLITERACY COMMISSION. 362. Commission Appointed by Governor. That there is hereby created a commission to be known as "The Kentucky Illiteracy Commission," which shall be composed of five persons, both men and women, including the Superintendent of Public Instruction, who shall be ex-officio a member thereof. Said commissioners shall be appointed by the Governor of the Commonwealth and shall be selected for their fitness, ability 'and experience in matters educational and their acquaintance with the conditions of adult illiteracy in the State of Kentucky and its various communities. Two of said com- missioners shall hold office for two years and two for four years from the date of their first appointment by the Governor; after which all of said commissioners shall hold for la period of four years, but the term of two of them shall expire biennially. Any and all vacan- cies occurring in said commission shall be filled for the unexpired term by the Governor. Said commissioners, or any of them, may be removed at any time for cause. 363. Commission Body Corporate Officers to be Elected. The members of said commission and their successors in office shall be and are hereby constituted a body corporate with all the powers necessary to carry into effect all the purposes of this act. Said com- missioners, after their appointment and qualification, shall adopt a se'al and organize by electing from their membership a president, secretary and treasurer to servo for a period of two years, or until their successors are elected and qualified, but the same person may be elected to serve both as secretary and treasurer of the commis- sion, but said secretary and treasurer, whether or not the office be united in one person, shall execute a bond to the Commonwealth of Kentucky for the faithful performance of the trusts of their offices, for the proper handling and accounting of all the properties, assets and moneys which may come into their hands by virtue of their offices, and in such amount and in such form and with such sure- ties as the commission shall approve. Said secretary or treasurer may at any time be removed and a successor be appointed by said commission in its discretion. 364. Commission to Select Place of Business. Said commis- sion may establish a permanent place for its meetings and shall in such place have an office which shall be kept open at such regular times as the commission may prescribe for the transaction of its business, and a majority of said commission shall constitute a quorum, ILLITERACY COMMISSION. 147 365. Data to be Collected and Distributed. It shall be the duty of said commission, and it shall have the power, to make research, collect data and statistics, and procure surveys of any and all com- munities, districts or vicinities of the State looking to the obtaining of a more detailed, definite and particular knowledge as to the. true conditions of the State with regard to its adult illiteracy, and report regularly the results of its labors to the General Assembly; and to interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the State and to do or perform any other act which in their discretion will contribute to the elimination of the State's adult illiteracy by means of education, instruction and enlightenment; and said commission shall be em- powered to receive, accept, hold, own, distribute and expend to the end of educating, instructing, enlightening and assisting in the edu- cation, instruction and enlightenment of illiterate persons in the State of Kentucky, any and all funds or any other thing of value, with which it may be endowed or may otherwise receive, and in the expenditure and disbursement thereof, said commission shall be controlled by such expedient and discreet regulations as it may from, time to time adopt; provided, hov/ever, that any and all funds which may come to the hands of said commission shall be expended in keeping with the general purposes of this act. 366. Commission to Adopt Rules. Said commission shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in the manner which shall seem to it most systematic and satisfactory. 367. Members of Commission Receive No Salary Expenses to be Paid. The members of this commission shall receive no com- pensation for their services, but they shall be reimbursed out of any funds which shall come into the hands of the commission for the use of said commission, for their actual expenses incurred in the performance of their duties, same to be paid monthly, upon vouchers duly approved by the commission, signed by the secretary and coun- tersigned by the president. 368. That there is hereby appropriated to the Kentucky Il- literacy Commission the sum of five thousand dollars ($5,000.00) for the fiscal year ending June 30, 1916, and the sum of five thousand dollars ($5,000.00) for each fiscal year ending June 30, 1917, to be paid to said commission from time to time upon warrants signed by the president and secretary thereof drawn upon the auditor who shall draw his warrant upon the Treasurer. (1) The fund thus appropriated shall be expended for such clerical help, county field agents and other legitimate expenses as may be necessary in the efficient and economic methods of teaching illiterate men and women. Provided, however, that no part of the 148 KENTUCKY SCHOOL LAWS 1916. money herein appropriated shall be applied or be used to pay a salary, or any part of a salary, to any member of the Kentucky Il- literacy Commission. (2) The Kentucky Illiteracy Commission, to enable it to expend the money herein appropriated intelligently and economically, shall have taken a census of the illiterates of the various counties of the State whose age is over twenty years; and it shall be the duty of the school trustees of the various school subdistricts to take such census and to report it to the County Superintendent of Schools of their respective counties, at the same time that he reports the census of the pupil children thereof. That the County Superintendent of Schools shall report such census of illiterates to the Kentucky Illit- eracy Commission on or before the 30th day of June of each year, on blanks to be furnished by the Commission for that purpose. SCHOOL TEXT BOOK. 149 CHAPTER XXVI. SCHOOL TEXT-BOOK LAW. 369. Members of Commission. There is hereby created a State Text-book Commission to be composed of the following members: The Governor, who shall be ex-officio chairman of said commission; the Superintendent of Public Instruction, who shall be ex-officio sec- retary of said commission; one member of the faculty of each of the State Normal Schools at Richmond and Bowling Green; one mem- ber of the faculty of the State University, and one educator of high qualifications, actually engaged in educational work, from each of the appellate court districts. All members except the two ex-oft'icio mem- oers shall be appointed by the Governor in the month of April, in the year, 1914, and every four years thereafter. Said appointive members shall serve for a term of four years from and after their appointment, and any vacancies on said commission shall be filled in the same manner as original membership is determined. 370. Oath of Office. Each member of said commission shall qualify by taking and subscribing to an oath faithfully to discharge his duties as required by this law, and the said affidavit shall be filed, in writing, in the office of the Superintendent of Public Instruction. 371. Meetings of Commission Election of Secretary. The members of the State Text-book Commission as thus constituted shall meet on the call of the chairman, or on a call signed by a majority of the members, in the office of the chairman, within four weeks after the date of their appointment of the years in which existing contracts expire, and shall organize at the April meeting of said commission. The commission shall elect a secretary, who shall keep complete records of all meetings, and all such records and all contracts shall be signed b/ the chairman and secretary. 372. Advertise for Bids. The State Text-book Commission shall advertise in one or more daily, or other newspapers, or by writ- ten notification to all qualified publishers, as hereinafter provided, that at a time fixed in the notice, and at a place fixed definitely in the notice, sealed bids or proposals will be received from the publishers of school text-books for furnishing books to the common schools and the high schools of the State of Kentucky, in accordance with the provisions of this law and such regulations as the commission may prescribe. Such advertisement or notification shall reserve to the commission the right to reject any and all bids. ' 373. Bids to Supply Books. Such bids and proposals shall be for furnishing books during a period of five years. The bids shall state specifically the list price, the net contract prices at which books are to be furnished to dealers within a county, and the exchange 150 KENTUCKY SCHOOL LAWS 1916. and retail prices to pupils, and shall be accompanied by a specimen copy of every book proposed to be furnished. All bids shall be sealed and deposited with the chairman of the commission to be by him delivered to the commission in executive session, when they shall be opened in the presence of the commission. It shall be the duty of the chairman of the commission to carefully preserve in his office for comparison the specimen copy of each of the books adopted, together with the original bid or proposal, and when requested to return to the publishers the specimen copies of other books submitted at their expense. Provided, however, that when the present contracts now existing for the furnishing of text books shall have expired by the terms thereof the commission shall arrange for a continuance of such contracts until new contracts may be entered into as required by this act, but the commission may make a new adoption as required by law on not exceeding three branches in any one year, and when an adoption is made the contract shall be for the furnishing of such books for a period not to exceed five years, and the commission shall make a gradual change in the text books, if any change is deemed necessary, from year to year until there has been a complete new adoption, and when such new adoption is made in each instance the contract shall provide for the furnishing of text books for a period not less than five years. At the expiration of any new contract an- other adoption may be made for the same branches for a period not less than five years. 374. Commission May Reject Bids. The commission shall h'ave and reserve the right to i eject any and all bids for reasons satisfactory to a majcrity of the commission. In case of failure to select, from the bids submitted, a satisfactory text-book upon any of the branches prescribed by law, the commission shall re-advertise for sealed bids under the same terms and conditions, and proceed with the adoption as in the first instance. 375. Adoption tc be Made Cities Exempt. It shall be the duty of the said commission in the years in which existing con- tracts expire, by a majority vote of the entire commission, to adopt from the authorized State list of books submitted, as hereinafter provided, a uniform series or system of text-books for use in the common schools and the high schools of the State, except in cities of the first, second, third and fourth classes, and to arrange for the distribution and sale of such books to dealers at the net contract price. The commission may from time to time make any regulations not contrary to the provisions of this act to secure the prompt and faithful performance of all contracts, and the prompt distribution of the books herein provided for. 376. Cities Exempt. The provisions of this act shall not apply to the boards of education in cities of the first, second, third and fourth class, but the Act of 1910 regarding cities of the first, SCHOOL TEXT BOOK. 151 third and fourth class, and the Act of 1912 regarding cities of the second class shall be and remain in force unaffected by this act. 377. Merits of Books to be Considered. The commission, in the selection and adoption of a uniform series of text-books for the State, shall consider the merits of the books, taking into considera- tion their subject matter, the printing, binding, material and me- chanical qualities, their general suitability, and desirability for the purposes intended, and the price. 378. Branches of Study Included. The uniform series of text books to be selected by the commission shall include all branches re- quired or that may here'after be required by law to be taught in the common, elementary and high schools of the State, except as herein provided; and no text book shall contain anything of a partisan, sec- tional or sectarian character. 379. Contracts to be Awarded. After the "adoption shall have been made the commission shall award the contracts, and shall, by registered letter, notify the bidders to whom contracts may have been awarded. It shall be stipulated in all contracts that the retail prices sh'all not exceed the retail prices at which the same book or books are sold in any State, county, township or school district in the United States. 380. Contract to be Supplied by Superintendent of Public In- struction. It shall be the duty of the State Superintendent of Public Instruction to prepare and have printed a form of contract between the State Text-book Commission and the publishers of school books, said form of contract to be approved by the Attorney General, and no other form of contract sh'all be used by the State Text-book Com- mission and publishers in carrying out the provisions of this act. 381. State of Kentucky Not Liable on Contract. It shall al- ways be a part of the terms and conditions of every contract made in pursuance of this act, that the Commonwealth of Kentucky shall not be liable to any contractor or book company in any manner whatever, for any sum of money, and all such contractors or book companies shall receive their pay and compensation solely and ex- clusively from the proceeds of the sale of said books, as provided for in this act. 382. Dealers to be Appointed. For the distribution and sale of books adopted by the State Text-book Commission to the patrons of the schools of the State, the County Board of Education or the City Board of Education, as herein provided, shall appoint one or more responsible merchant or persons or other agent in each educa- tional division in every county of the State selected with reference to the convenience of the patrons of the schools as dealers of text books, and such dealers shall receive fifteen per cent, of the retail price at which the same books are sold, and out of the said fifteen per cent, of the retail price at which said books are sold such dealer 152 KENTUCKY SCHOOL LAWS 1916. shall pay the transportation charges and all other charges on the said books. Such dealers shall be of good financial rating, but no contractor shall have the right to refuse to furnish books to such dealer on the ground that his financial rating is not good in the event such dealer executes a bond approved by the County Superin- tendent for the faithful performance of his duties, and that he will well and truly pay ever to such contractor 'all money coming into his hands belonging to the contractor. Said dealers shall exchange new books for old ones of the same grade displaced by said adoption, at the exchange price herein provided for, during the first year of the life of each and every con- tr"act made under the provisions of this act. All bids and proposals shall set out clearly and specifically an exchange price at which such book or books shall be furnished to pupils and patrons who may have old books on the same subject, and which may be ex- changed for new books, and the exchange prices shall, in all cases, be subject to the terms of the contract made between the State and any publisher bidding. Such new books as are held in Kentucky now or at any future adoption by purchase by dealers, and in good con- dition, shall be take a in exchange at the original net price by suc- cessful bidders from such dealers as held in stock such books. 383. Price of Books to be Printed on Cover Penalty for Vio- lation of Selling Price. There shall be placed in clear, readable type, on the outside cover of the back of every book sold in the State under the terms of this act, the retail price and the exchange price of said book, with the following caution to the public, to-wit: "The prices printed hereon are fixed by State contract and any higher prices are unlawful; any deviation therefrom should be reported to your County Superintendent or to the State Text-book Commission at Frankfort." Any agent or dealer, clerk or ether person having or selling books adopted under this act, who shall ask or receive for any such book more than the lawful price therefor, as herein defined, or who shall refuse to exchange new books for old at the exchange price herein provided for, during the said exchange period, or who shall refuse to receive from patrons or pupils books owned by them that were adopted under such laws as are now in force in the State of Ken- tucky prior to this act, and used in the common and high schools of this State and to allow to them the exchange value thereof for such old books in exchange for the corresponding new books of the same gr"ade, shall be guilty of a misdemeanor, and upon conviction shall be fined in a sum of not less than one hundred dollars nor more than one thousand dollars, and such fine shall be covered into the school fund of the county in which same is assessed. And this sec- tion shall apply to all future State adoptions of text-books in Ken- tucky, as herein provided under this act. SCHOOL TEXT BOOK. 153 384. Commission to Make Printed Lists. On or before the first d'ay of August of each year it shall be the duty of the State Board of Education to have printed a complete list of all the books adopted under the provisions of this act, stating the net contract price, the exchange and the retail price of each, and to distribute such lists to County Superintendents in such quantity as they may request. It shall be the duty of the County Superintendent in each county to furnish such lists to all dealers and the principal teachers of all schools in the county, and such dealers and teachers shall post the same conspicuously in their sales rooms or school houses. Failure to comply with the provisions of this section by any of the parties herein named shall be punishable by a fine of not less than ten dollars nor more than twenty dollars, and upon conviction said fine shall be covered into the school fund of the county in which such fine is assessed. 385. Text-books Excluded Supplementary Books May be Used. The books adopted by the commission as the uniform system of text-books for the State, shall be introduced and used as text- books to the exclusion of all others in all the common schools and high schools of the State, except as herein provided, for a period of five years from the date of adoption, and it shall not be lawful for any teacher or other school officer to use or for any board of edu- cation to permit to be used, any books upon the same branches other than those adopted by the commission. However, nothing herein shall prevent the use of supplementary text-books, but such supplementary books shall not be used to the exclusion of the books prescribed under the provisions of this act. Any member or mem- bers of any board of education, any trustee or teacher, violating the provisions of this section, shall be deemed guilty of a misdemeanor, and uopn conviction be punished by a fine of not less than ten dol- lars nor more than fifty dollars, and all such fines shall be covered into the treasury to the credit of the school fund of the county in which such fine may be assessed. 386. Copies of Text-books to be Filed Agreement to (Reduce Prices. Before the publishers of any school text-book shall offer or submit bids or proposals to the State Text-book Commission for fur- nishing books to the common schools of the State, such publisher or publishers shall file a copy of the text-book in the office of the State Superintendent of Public Instruction with a sworn statement of the lowest net price at which said book is sold anywhere in the United States. Said publisher shall file with the State Superintendent of Public Instruction, as chairman of the State Text-book Commis- sion, a written agreement to furnish said book or books to the deal- ers in the State, as hereinbefore provided, at the prices so filed, ex- clusive of transportation charges. Said publisher must further agree to reduce said prices in Kentucky if reductions are made elsewhere 154 KENTUCKY SCHOOL LAWS 1916. in the United States, so that at no time may any book be sold in Kentucky by the contractor at a higher net price than is received for the s'ame book elsewhere. Said publisher shall agree further that all books offered for sale in Kentucky shall be equal in quality to those deposited in the office of the State Superintendent of Public Instruction, as regards paper, binding, printing, illustrations and all points that may affect the value of said books. 387. Penalty for Sale of Inferior Books. If any publisher shall furnish to any dealer or agent in this State any book or books in- ferior in any particular to the samples on file in the office of the State Superintendent of Public Instruction, or shall offer them at higher prices than those listed with the State Superintendent of Pub- lic Instruction, it shall become the duty of the State Board of Educa- tion of the State of Kentucky to authorize the State Superintendent of Public Instruction to investigate the failure of said publisher to comply with the terms of his contract. The State Superintendent shall thereupon notify the publisher of said non-compliance with the terms of his contract, and if said publisher shall disregard the noti- fication and fail immediately to comply with the terms of his contract with the State through the State Text-book Commission, then the State Superintendent shall institute, through the Attorney General of the State, legal proceedings and prosecutions to recover damages and proper relief on the bond of the said publisher. 388. Filing Fees to be Paid by Publisher Expenses of Com- mission to be Paid by Superintendent of Public Instruction. When the publisher of any school text-book or books shall offer the same for the purpose of submitting bids and proposals to furnish same to the schools of Kentucky, as herein provided, to the State Text-book Commission, and at the time of filing such text-book in the office of the State Superintendent of Public Instruction, said publisher shall pay into the treasury of the State of Kentucky a filing fee of five dol- lars for each book offered by said publisher; provided, that when a series of books by the same author and upon the same subject is offered for adoption, the publisher may file a fee of five dollars for the first book and one-dollar for e'ach additional book in said series, and when such series embrace both common and high school text- books, it shall be regarded as two series. The fees thus received shall constitute a fund out of which, upon requisition made by the State Superintendent of Public Instruction, shall be paid the ex- penses of publishing lists and other information for the use of the State Text-book Commission, clerk hire and other necessary expenses in connection with the filing of all text-books submitted for 'adoption in the State of Kentucky, and further, for defraying the actual neces- sary traveling expenses of those members of the State Text-book Commission who do not now draw salaries or derive other emolu- ments as officials of the State. If there should be any balance of SCHOOL TEXT BOOK. 155 such fund remaining upon the first day of January of the fifth year following the completion of the adoption of text-books, it shall be placed to the credit of the State school fund. 389. Oath Not to Control Prices. When any publisher of school text-books shall file with the State Superintendent of Public Instruction samples and lists provided for under this act, said pub- lisher at the same time shall be required to file a sworn statement that he h'as no understanding or agreement of any kind with any other publisher, or interest in the business of any other publisher, with the effect, design or intent to control the prices of such books, or to restrict competition in the adoption or sale thereof. 390. Penalty for Violation of Oath. If at any time a pub- lisher shall enter into any understanding, agreement or combination to control the prices, or to restrict competition in the adoption or sale of school text-books, or if the statement required of said pub- lisher in the preceding sections shall be untrue in any respect, then the Attorney General shall institute and prosecute legal proceedings for the forfeiture of the bond of said publisher, and for the revoca- tion of his authority to sell school books in the State of Kentucky, and all contracts made by said publisher under this act shall there- upon become null and void, at the option of the State Board of Edu- cation. 391. Penalty for Bribery Money Not to be Contributed. Any firm or corporation publishing text-books and qualified to sell text-books under this act in the State of Kentucky, under contract made with the State Text-book Commission, who shall directly or indirectly contribute any money or thing of value whatever to the campaign fund of any politic'al party, or to the campaign fund of any person who is a candidate for office in this State, or in any dis- trict, city or county thereof, or to the campaign fund of any person who is a candidate for nomination for office in this State, or in any district, county or city thereof, or shall give any money or valuable property whatsoever to any member of the State Text-book Commis- sion, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than five thousand dollars nor more than twenty thousand dollars, in the discretion of the jury, and such act on the part of said firm, corporation or publisher, or any agent thereof, shall also be considered a breach of the bond made by said firm, corporation or publisher, with the State, and the venue of the action shall be within any county in the State wherein said act w'as committed, or in the Franklin Circuit Court, and the State Board of Education or any member of the State Text-book Commission, or any citizen of the State of Kentucky in any county where the offense is committed, shall have the right to prosecute by legal process an action for the breach of said bond, and the amount 156 KENTUCKY SCHOOL LAWS 1916. so recovered for sucn fines and for such bre'ach shall be turned over to the treasury of Kentucky for the benefit of the State school fund. 392. Penalty for Member of Commission Who Accepts Bribe Any member of the State Text-book Commission who shall solicit, accept or receive any money, gift or any other property of value, or favor whatsoever, from any person, firm, corporation or publisher qualified to sell text-books in Kentucky, or from any agent thereof, or any other person in any way interested in the sale of text-books, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by im- prisonment in the county jail for not more than six months, or by both such fine and imprisonment; and such fine shall be turned over to the Treasury of the State of Kentucky for the benefit of the school fund of the State. 393. Penalty for Teacher In Bribing Commission. Any teacher or educator in the employment of any book company, or publisher of school books, who shall either directly or indirectly use his in- fluence or attempts to influence the State Text-book Commission or any member thereof, for the adoption of any book or books shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars or more than five hundred dollars unless he shall have legistered with the chairman of the State Text- book Commission stating whether or not he has been employed by any school book company or publisher of school books, if so with what company and the terms and conditions of his employment. 394. Commission in Executive Session Publisher Excluded Penalty. The State Text-book Commission shall have authority, after having examined thoroughly all books submitted for adoption, to go into executive session and exclude 'all agents of all publishers, after a date set by said ccmmission, from further interviews and repre- sentations, and it shall be a misdemeanor, after such date has been declared, for the agent of any publisher, or for any person or agent whatever, representing such publisher, to be present in any such ex- ecutive sessions, 'and upon being found guilty, such agent, person or publisher shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment; and all such fines shall be covered into the Treas- ury of Kentucky for the benefit of the State school fund. 395. Bond to be Filed by Publisher. To insure compliance with the aforesaid conditions under which school text-books may be sold in the State of Kentucky, the publisher shall file with the State Board of Education of Kentucky a bond of not less than ten thousand dollars nor more than fifty thousand dollars, the amount to be fixed by the State Board of Education upon compliance with the pro- visions cf the preceding sections, and the bond to be approved by the SCHOOL TEXT BOOK. 157 said board. The publisher shall thereupon be qualified to sell books as herein provided in this act, in the State of Kentucky. 396. Penalty for Failure to Qualify. Any publisher who shall offer for adoption to the State Text-book Commission any school text- books of any kind, without first qualifying therefor under the pro- visions of this act, shall be guilty of a misdemeanor, and upon con- viction shall be fined not less than five hundred dollars nor more than five thousand dollars, and such fine shall be covered into the treas- ury of the State of Kentucky for the benefit of the State school fund. 398. In all years in which text books are selected and adopted by the Text-book Commission for the elementary schools of Ken- tucky said selection and adoption shall be made not later than the first day of May of the year in which such are made. 158 KENTUCKY SCHOOL LAWS 1916. CHAPTER XXVII. THE CHILD LABOR LAW. 399. ( 3331 Ky. St.) (1) Age of Children When Employed. No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any factory, mill, work- shop, mercantile establishment, store, office, printing establishment, bakery, laundry, restaurant, hotel, apartment house, theatre, motion picture establishment, or in the distribution or transmission of mer- chandise or messages. It shall be unlawful for any person, firm, or corporation to employ any child under fourteen years of age in any business or service whatever during any part of the term during which the public schools of the district in which the child resides are in session. Nor shall any child under fourteen years of age be permitted to perform in or appear upon the stage of any theatre, motion picture establishment or other place of public amusement, whether for pay or not. 400. (2) Places of Employment Age Duty of Labor In- spector. No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in or in connection with any factory, mill, workshop, mercantile establishment, store, office, printing establishment, bakery, laundry, restaurant, hotel, apart- ment house, theatre, motion picture establishment, or in the distribu' tion or transmission of merchandise or messages, unless the person, firm or corporation employing him procures from the local school authorities and keeps on file and accessible to the truant officers and to the labor inspectors, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such children em- ployed therein, one on file and one conspicuously posted near the principal entrance of the building in which such children are em- ployed. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be returned by the employer to the officer by whom it was issued, within two days of the termination of the employment of such child. A labor in- spector may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted or suffered to work and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him, within ten days, evidence satisfactory to him that such child is in fact sixteen years of age or over, or shall cease to em- ploy, or permit, or suffer such child to work therein. A labor in- spector may require from such employer the same evidence of age of such child as is required for the issuance of an employment certifi- cate, and the employer furnishing such evidence shall not be re- CHILD LABOR LAW. 159 quired to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the labor in- spector, within ten days after such demand, such evidence of the age therein required of him, and thereafter continue to employ such child, or permit or suffer such child to work in such establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for violation of the provision that such child is under six- teen years of age and is unlawfully employed. 401. (3) Employment Certificates to be Issued by Superin- tendent of Schools. Employment certificates shall be issued only by the Superintendent of Schools or by a person authorized by him in writing, acting in his name. Where there is no local Superintendent of Schools they shall be issued by the County Superintendent of Schools, or by a person so authorized by him. 402. (4) Conditions of Employment Evidence of Child's Age. The person authorized to issue employment certificates shall not issue such certificate until the child in question, accompanied by its parent or guardian, has personally made application to him therefor and until he has received, examined, approved and filed the following papers duly executed: (1) The school record of such child properly filled out and signed as provided hereinbelow. (2) A duly attested transcript of the birth certificate filed according to law with any officer charged with the duty of recording births; or a passport, or a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child; or, in case the officer authorized to issue the certificate is satisfied that none of such proofs of age can be produced, other evidence of age, such as a duly attested school census, or school enrollment record, or affidavit of the parent, guardian, or custodian of such child, such as shall con- vince such officer that the child is fourteen years of age or upwards. (3) The written statement of the person, firm or corporation in whose service the child is about to enter, that he intends to employ the child, which statement shall give the n'ature of the occupation for which the child is to be employed. (4) A certificate signed by a phy- sician appointed by the school board, or other public medical officer, stating that such child has been examined by him, and, in his opinion, has reached the normal development of a child of its age and is in sufficiently sound health and physically able to be employed in the work which it intends to do. The Superintendent of Schools in any city, town, ccunty or district, wherever there is one, and where there is none, then the County Superintendent, shall, between the first and tenth days of each month, transmit to the office of the labor inspector a report, which report shall give (1) the name of each child to whom a certificate has been issued in the preceding month, together with the name and address of the establishment 160 KENTUCKY SCHOOL LAWS 1916. where such child was to be employed; and (2) the name of each child to whom a certificate has been denied in the preceding month, together with the ground of such denial. A refusal or failure to transmit such report by any person charged under this section with the duty of transmitting same to the labor inspector shall consti- tute a misdemeanor, punishable by a fine of not more than twenty- five dollars nor less than five dollars, to be disposed of as provided in the section of this act numbered 16. 403. (5) School Record What It Shall Contain. The school record herein required shall be signed by the principal or chief teacher of the school which such child has last attended and shall be furnished on demand, to a child who, after due examination and in- vestigation, is found to be entitled thereto. It shall contain a state- ment certifying that the child has regularly attended a public school or school equivalent thereto or parochial school for not less than one hundred days, either during the twelve months previous to ar- riving at the 'age of fourteen years or during the twelve months pre- vious to applying for such school record, and is able to read intelli- gently and write legibly simple sentences in the English language, and has completed satisfactorily a course of study equivalent to the first five yearly grades in reading, spelling, writing, English lan- guage and geography, as established in the graded schools of this Commonwealth, and is familiar with the fundamental operations of arithmetic up to and including common fractions. Such school record shall also give the name, date of birth and residence of the child as shown by the records of the school and the name of its parent, guardian or custodian: Provided, however, that upon the fil- ing with the person authorized to issue employment certificates of the affidavit of the applicant or of his or her parent, guardian or custodian showing that diligent effort has been made to obtain the school record hereby required, and that it cannot be obtained, then the person authorized to issue the certificate m'ay issue such a certificate without having received such school record, if the other requirements for such certificate have been fulfilled, but it shall be his duty in such case to examine the applicant as to his or her proficiency in each of the studies mentioned in this section, and he shall issue such certificate only after such applicant has shown th'at he or she has acquired a knowledge of said studies equivalent to that imparted by a course therein covering the first five yearly school grades; in such case the employment certificate shall show that such examination was had in lieu of the filing of the school report. If the principal of any reputable school, other than a public school, certify that a pupil has regularly attended his or her school as re- quired herein and has satisfactorily completed a course of study equivalent to the first five yearly grades in the public school, said CHILD LABOR LAW. 161 pupil shall be treated in all respects as if a pupil of the public school. 404. (6) Certificate to be Furnished by Superintendent of Public Instruction. The printed form of the certificate and other papers required in the issuing of employment certificates shall be drafted by the State Superintendent of Public Instruction and fur- nished by him to the local and County Superintendents of Schools. 405. (7) Employment Limit of Time. No person under the age of sixteen years shall be employed or suffered or permitted to work in, about or in connection with any factory, mill, workshop, mercantile establishment, store, office, printing establishment, b'akery, laundry, restaurant, hotel, apartment house, theatre, motion picture establish- ment, or in the distribution or transmission of merchandise or mes- sages, for more than six days in any one week, nor more than forty- eight hours in any one week, nor more than eight hours in any one day; nor before the hour of seven o'clock in the morning nor after the hour of six o'clock in the evening of any day; the presence of such child in any such establishment during working hours shall be prima facie evidence of its employment therein. Every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the State Labor Inspector, and the employment of any such minor for longer time in any day than so stated shall be deemed a violation of this section. 406. (8) Truant Officer Powers and Duties. The truant offi- cers may visit mines, factories, mills, workshops, mercantile estab- lishments, stores, offices, printing establishments, bakeries, laun- dries, restaurants, hotels, apartment houses, theatres and motion picture establishments, in their several towns and cities and ascer- tain whether any minors are employed therein contrary to the pro- visions of this act, and they shall report any cases of such illegal employment to the Superintendent of Schools and to the Labor In- spector, or other authorized officer of the State. Labor inspectors and truant officers may require that the employment certificates and lists, provided for in this act, of minors employed in such establish- ments shall be produced for their inspection. Complaints for of- fenses under this act, except as to the employment of children in mines, shall be brought by the labor inspector. The provisions of this act with regard to the employment of children in mines shall oe enforced by the State Inspector of Mines and his assistants, who shall bring all complaints for violation of the same. S. L. 6 162 KENTUCKY SCHOOL LAWS 1916. 407. (9) Certain Employments Not to be Engaged in by Chil- dren. No child under the age of sixteen years shall be employed, per- mitted or suffered (1) to sew or to assist in sewing belts in any ca- pacity whatever; (2) nor to adjust any belt to any machinery; (3) nor to oil, wipe or clean machinery; (4) nor to operate or to assist in operating any of the following named machines: (a) circular or band saws; (b) wood shapers; (c) wood joiners; (d) planers; (e) sand-paper or wood polishing machinery; (f) emery or polishing wheels used for polishing sheet metals; (g) wood turning or boring machinery; (h) picker machines or machines used in picking wool, cotton, hair or other materials; (i) carding machines; (j) paper-lace machines; (k) leather burnishing machines; (1) job or cylinder print- ing presses operated by other power than foot power; (m) boring or drill presses; (n) stamping m'achines used in sheet metal and tin- ware or in paper and leather manufacturing, or in washer and nut factories; (o) metal or paper cutting machines; (p) corner staying machines in paper box factories; (q) corrugating rolls such as are used in corrugated paper, roofing or wash-board factories; (r) steam boiler, steam machinery or other steam generating apparatus; (s) dough brakes or cracker machinery of any description; (u) rolling mill machinery; (v) power punches or shears; (w) washing, grind- ing or mixing machinery; (x) calendar rolls in paper and rubber manufacturing; or (y) laundering machinery; (5) nor work in prox- imity to any hazardous or unguarded belts, machinery or gearing; (6) nor to work upon any railroad whether steam, electric or hy- draulic; (7) nor to operate or assist in operating any passenger or freight elevator; (8) nor to work in any capacity in processes in which dangerous or poisonous acids are used; (9) nor to work in any capacity in the manufacture or packing of paints, colors or white or red lead; (10) nor to work at soldering; (11) nor to work in occu- pations causing dust in injurious quantities; (12) nor to work in the manufacture or use of dangerous or poisonous dyes; (13) nor to work in the manufacture or preparation of compositions with dan- gerous or poisonous gases; (14) nor to work in the manufacture or use of compositions of lye in which the quantity thereof is injurious to health; (15) nor to work in any tunnel or excavation; (16) nor to work on scaffolding; (17) nor to work in any capacity in, about, or in connection with any mine, coke oven or quarry; (18) nor to work in assorting, manufacturing or packing tobacco; (19) nor to operate any automobile, motor car or truck; (20) nor to work in any bowl- ing alley; (21) nor to work in any pool or billiard room; (22) nor to work in any distillery, brewery, or other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; (23) nor to work in t,ny hotel, theatre, concert hall, club, place of amusement, or any ether establishment where intoxicating liquors CHILD LABOR LAW. 163 are sold; (24) nor to work in any other occupation dangerous to the life or limb or injurious to the health or morals of such child, and as to these matters the decision of the county physician or city health officer, as the case may be, shall be final: Provided, however, that nothing in this act shall prevent the use of suitable machinery for purposes of instruction in schools where the mechanical arts are taught in connection with and as part of the usual school curriculum. But the use of such machinery in any school, whether public or private, shall be subject to the approval of the Board of Education or other governing school authority of the city or district wherein such school is situated, and shall be subject to the provisions of this act as to supplying safeguards for the pro- tection of those using such machinery. 408. (10) Dangerous Machinery to be Guarded. It shall be the duty of the owner of any manufacturing establishment where any person under twenty-cne years of age is employed, his agents, superintendents or other persons in charge of same, to furnish and supply, when practicable, or cause to be furnished and supplied to him, belt shifters or other safe mechanical contrivance for the pur- pose of throwing belts on or off pulleys; and, whenever practicable, machinery therein shall be provided with loose belts. All vats, pans, saws, planes, cogs, gearings, belting, set screws and machinery of every description which is palpably dangerous, shall be properly guarded and no person shall remove or make ineffective any safe- guard around or attached to any such appliances or machinery, while the same is in use, unless for the purpose of immediately making re- pairs thereto, and all such safeguards shall be promptly replaced. No person under eighteen years of age shall be allowed to clean machinery while it is in motion. 409. (11) Messengers Not to be Employed in Cities. In cit- ies of the first, second or third class, no person under the age of twenty-one years shall be employed, permitted or suffered to work as a messenger for any telegraph, telephone or messenger company in the distribution, transmission or delivery of goods or messages before six o'clock in the morning or after nine o'clock in the even- ing of any day. 410. (12) Female Employes Not to Remain Standing. No female under twenty-one years of age shall be employed, permitted or suffered to work in any capacity in this Commonwealth, where such work compels her to remain standing constantly. 411. (13) Walls of Factories to be Painted White. The walls and ceiling of each room in every manufacturing establishment where minors are employed shall be lime washed or painted, when, in the opinion of the labor inspector, it shall be conducive to the health or cleanliness of the persons working therein. 164 KENTUCKY SCHOOL LAWS 1916. 412. (14) Copies of Act to be Posted. A copy of this act shall be conspicuously posted and kept in each workroom of every mill, mine, workshop, theatre, bowling alley, laundry or public mes- senger company, and manufacturing, mercantile or printing estab- lishment in this Commonwealth. 413. (15) Certificates and Badges Issued to Children. No boy under fourteen years of age, nor girl under eighteen years of age shall be employed, permitted or suffered to work at any time in any city of the first, second or third class in or in connection with the street occupations of peddling, boot-blacking, the distribution or sale of newspapers, magazines, periodicals or circulars, nor in any other occupation pursued in any street or public place. No boy between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any city of the first, second or third class in or in connection with the street occupations of peddling, boot-blacking, the distribution or sale of magazines, periodicals or circulars, nor in any other occupation pursued in any street or public place except upon the following conditions: (A) Boys between fourteen and sixteen years of age shall, upon application to the school authorities, as in the case of an employ- ment certificate, and upon compliance with all of the requirements for the issuance of an employment certificate, be entitled to receive from the officer authorized to issue employment certificates a badge, which shall authorize the recipient to engage in the trades or occu- pations above mentioned between the hours of six o'clock A. M. and eight P. M. of each day, but at no other time. Such badge shall be displayed conspicuously by the recipient while so engaged and shall be renewed annually on the first day of January. The color of all such badges issued in the same calendar year shall be the same and said color shall be changed each year upon renewal. (B) Boys between fourteen and sixteen years of age who com- ply with all of the requirements for the issuance of an employment certificate except the educational requirement (that is, the filing of a school record or the passing of an examination in lieu thereof) shall be entitled to receive from the officer authorized to issue employment certificates a badge which shall authorize the recipient to engage in the above mentioned trades or occupations at such time or times be- tween six A. M. and e ; ght P. M. in each day as the public schools of the city or district where such boy resides are not in session, but at no other time. All such badges issued in the same calendar year shall be of the same color; but in either form, design, or color shall be so different from the badges issued to boys who comply with the educa- tional requirements above mentioned as to be readily distinguishable therefrom. Such badges shall be renewed annually 'upon the first of January, and their color shall be changed each year upon renewal. CHILD LABOR LAW. 165 Any child who shall engage in any such street occupation in vio- lation of any of the provisions of this section shall be deemed delin- quent and shall be brought before any court or magistrate having jurisdiction over juvenile delinquents, and shall be dealt with accord- ing to law. The labor inspectors, truant officers, police officers, and juvenile court probation officers shall enforce the provisions of this section. Whoever furnishes or sells to any minor any article of any description with the knowledge that s'aid minor intends to sell said article in violation of the provisions of this section, or who shall continue to furnish or sell articles of any description to a minor after having received written notice from any officer charged with the en- forcement of this section, or from the officer issuing the badge re- quired as aforesaid, that said minor is unlicensed to sell such article, shall be punished by a fine of not less than fifteen dollars nor more than one hundred dollars for each offense. 414. (16) Penalty FOP Violation of This Act. Whoever em- ploys or suffers or permits a child under sixteen years of age to work, and any parent, guardian or any adult person under whose care or control a child under such age is, who suffers or permits such child to work, in violation of any of the provisions of this act, shall be punished for the first offense by a fine of not less than fif- teen dollars nor more than fifty dollars; for a second offense by a fine of not less than fifteen dollars nor more than one hundred dol- lars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment; for a third or any subsequent offense by a fine of not less than two hundred dollars, or by imprisonment for not less than thirty days, or by both such fine and imprisonment. Whoever continues to employ any child in violation of any of the provisions of this act after having been notified thereof in writing by a truant officer, a labor inspector or other authorized officer shall for every day thereafter that such employment continues, be fined not less than five nor more th'an twenty dollars. A failure to pro- duce to a truant officer or labor inspector any employment certificate or list required by this act shall be prima facie evidence of the illegal employment of any person whose employment certificate is not pro- duced, or whose name is not so listed. Any corporation or employer retaining employment certificates in violation of section numbered 2 of this act shall be fined ten dollars. Every person authorized to sign the certificates prescribed by the sections of this act numbered 2, 3, and 4, who knowingly certified to any false statement therein, shall be fined not more than fifty dollars nor less than ten dollars. Any person, firm or corporation who hinders or delays any labor inspector, truant officer or any other officer charged with the en- forcement of any of the provisions of this act, in the performance of his or her duties, shall be punished by a fine of not less than fifteen nor more than one hundred dollars. Every fine imposed under this 166 KENTUCKY SCHOOL LAWS 1916. law shall inure to the benefit of the public schools in the city, county, town or district in which the violation may have occurred; and the court imposing such fine shall promptly cause same to be paid over to the proper school authorities entitled to receive other moneys ac- crying to said schools. 415. (17) Outstanding Certificates Valid. Employment cer- tific'ates issued and outstanding at the time this act goes into effect shall continue to be valid and effective as to all employments not absolutely prohibited, by this act to children between fourteen and sixteen years of age. CHAPTER XXVIII. (Section number in parenthesis refer to Ky. Statutes.) PUBLIC SCHOOLS IN CITIES OF THE FIRST CLASS. 416. ( 2978a-l) Board of Education Election. Every city in this State of the first class shall be and constitute a single school district, and the supervision and government of common schools, kindergarten, high schools, manual training schools and normal schools and all such school property therein shall be ve-sted in a board of five members to be known as the "Board of Education of Kentucky," (in which title the name of such city shall be inserted). Such Board of Education shall be a body corporate and shall, by and in said name, sue and be sued, purchase, receive, hold and sell prop- erty, do all things necessary to accomplish the purpose for'which such school district is organized, and succeed to all the property rights and privileges granted to and belonging to any previous School Board of such city: Provided, that all pending surts in which any such previ- ous School Board is a party, may be prosecuted to an end in the name of such party. 417. ( 2978a-2) Powers and Duties. Every such Board of Edu- cation shall have exclusive control of the common schools, including kindergartens, high schools, manual training schools and normal schools as hereinafter provided, and of common school, property in -such city; shall exercise generally all powers in the administration of the common school system therein, appoint sueh officers, agents and em- ployes as it may deem necessary and proper and fix their compen- sation; and shall have power to fix the time of its meetings, to make, amend and repeal rules and by-laws for its meetings and proceedings, for the government, regulation and management of the common schools and school property in sueh city, for the transaction of its business, and for the examination, qualification and- employment of teachers, which rules and by-laws shall be binding on such Board of Education and all parties dealing with it until formally repealed by an affirmative vote of four members of said board. To .provide for special and standing committees, and to certify to the General Coun- cil the amount of moneyynecessary for the maintenance and improve- ment of the schools as hereinafter provided, and to purchase and hold all property, real and personal, necessary for the purposes of public education, to build and construct improvements for such pur- poses, and to hold or sell the same. 418. (2978a-3) Reak Estate Power to Purchase or Condemn. It shall also have power, when unable to contract with the owner of any real estate necessary to the proper accomplishment of the pur- pose for which said board is created, to institute condemnation pro- ceedings in accordance with the law governing railroad corporations 168 KENTUCKY SCHOOL LAWS 1916. incorporated under the laws of this Commonwealth; and to have in such proceedings the same rights, powers, privileges and restrictions as are now granted to or conferred upon such railroad corporations. Such Board of Education shall have all the powers of other school distriets under the laws of this State, except as herein provided. 419. ( 2978a-4) Eligibility of Members of Board. No person shall be eligible to the office of member of the Board of Education who has not attained the age of thirty years and one who is not a house- keeper or is not the owner of real estate in said city, and who is not a citizen of and a bona fide resident of this Commonwealth and of the city for which he is elected for three years next preceding the election; or who holds or discharges any office, deputyship or agency under the city, or any district or county, or under the State of Kentucky, or any department thereof, or under the United States or any foreign gov- ernment, except that of notary public or militia officer of Kentucky. No person shall be eligible to this office who, at the time of his elec- tion, is directly or indirectly interested in any contract with the board, or who holds any office of trust or agency of or draws a salary from any corporation which holds any contract with the board, or whose father, son, brother, wife, daughter or sister is employed as teacher, or in any other capacity by such board, or in any of the public schools, or who is, directly or indirectly, interested in the sale to the board of books, stationery, or other property. If he shall, after election, become a candidate for any office or agency or for the nomination thereto, the holding and discharging of which would have rendered him ineligible before election, or if he shall remove out of the city for which he was chosen, or if he shall do or incur anything which would have rendered him ineligible for election, or if any of his relatives above specified be employed by the board, his office shall, without further action, be vacant and it shall be filled as directed. 420. ( 2978a-5) Compensation of Members. No compensation shall be paid to the members of the board, but they shall be exempt from jury duty and from service as election officers during their term of office. 421. ( 2978a-6) Term of Office. The members of said Board of Education shall be elected, except as specified in section 253 of this Act, for the term of four years by the qualified voters of such city. They shall be elected from the city at large, and such election shall be held under the provisions of the general laws governing city elec- tions, so far as they are not inconsistent with the provisions of this act. 422. ( 2978a-7) Election by Secret Ballot General Election Law to Control. All elections for members of the Board of Education shall be by secret ballot, and the ballot shall be on a separate sheet from all other ballots to be used in any election. It shall be the duty of the County Clerk of any county, in which a city of the first class is CITIES OF THE FIRST CLASS. 169 situated, to cause to be printed on said ballot the names of all can- didates for membership of the Board of Education of such a city, in whose behalf he may be petitioned so to do in writing by not less than four hundred electors of said city. The petitions must be filed in the office of the County Clerk not more than sixty days nor less than fifteen days before the day of election, and each petition must be signed by the requisite number of qualified persons, and shall show the place of residence of each person signing it, and no person shall sign more petitions than the number of offices to be filled. If the nomination is to fill a vacancy, the petition shall so state. Where the same person shall be nominated for a full term and to fill a va- cancy, he shall be accepted as a candidate for the full term. Said ballot shall be in the form prescribed for ballots by the general elec- tion law of the State, except that no party or other emblem or dis- tinguishing mark shall be placed upon said ballot, save the words, "School Ticket" at the head thereof; and that the names of all can- didates for membership in the Board of Education shall be printed on said ballot in a single column. The names shall be 'printed on the first one hundred ballots as arranged in order by lot. On each of the succeeding one hundred ballots the names shall be printed in the same order, save that the last name on the preceding one hundred ballots shall be shifted to the first place; and so on thereafter throughout, a like change being made in the printed order of names for every one hundred ballots. As many additional lines shall be left blank as there are members to be elected. The provisions of the general election law of the State of Kentucky as to the duties of County Clerks and other public officers in the matter of printing and distributing ballots, of the issuing them to voters, of receiving and depositing them in the ballot boxes, and of counting and preserving them, and in all other particulars, except as otherwise provided here- in, shall be applicable in all respects to the election of members of the Board of Education: Provided, that it shall be the duty of the Sheriff of each county in which a city of the first class is situated, to provide for each precinct in said city a separate box for the recep- tion of the ballots used in the election of members of the Board of Education. And provided, further, that it shall be the duty of the judge of election of the opposite political party to the clerk of the election in each precinct to issue the school ballots in the same manner as other ballots are issued by the clerk of election by writ- ing the name and the residence of the voter upon the primary stub, and his registered number upon the secondary stub of the school ballot, and by observing, as to these ballots, such other regulations for the issue and deposit of ballots as may be prescribed for elections generally. It shall be unlawful for an election officer or other person within the election booth to tell or to indicate by word of mouth or otherwise to a voter what may be the political affiliations 170 KENTUCKY SCHOOL LAWS 1916. of any candidate, and a violation of this provision shall be a misde- meanor punishable by fine not exceeding two hundred dollars. 423. ( 2978a-8) Members to be Voted For. Each voter may vote for as many of said candidates as there are members to be elected by marking a cross in the square opposite the name of each candidate for whom he wishes to vote. The candidates, in number equal to the number of members to be chosen, who have the highest number of votes shall be declared elected. If at any election a mem- ber is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as aoove provided, but they shall, in all cases, be designated on the ballots as candidates to fill a vacancy, and the date of the unexpired term shall be stated. A 424. ( 2978a-9) Organization of Board. At the general elec- tion occurring in the month of November, 1910, five members of the Board of 'Education shall be elected as -herein provided. After having qualified by taking the oath as prescribed by law, they shall assume office on the first day of January, 1911, and shall meet at the offices of the present School* Board of said city at twelve o'clock noon, and shall proceed to organize by electing one of their number president, and another vice president. Within one week after the organization of said board it shall meet to divide its members by lot in such manner as they shall determine into two classes, as follows: The first class consisting of two members, shall hold office through the 31st day of December, 1912, the second class consisting of three members, shall hold office through the 31st day /of December, 1914. Thereafter at each regular election held in November of each .even numbered year, members shall be elected as hereinbefore -provided, to take the place of those whose terms will next expire, and the members so chosen shall hold office for four years, or until their successors are elected and qualified. 425. ( 2978a-10) President and Vice President to be Elected. At its first regular meeting after the 1st day of January, in each year, following its original organization, said Board of Education shall reorganize by electing one of its members president, and another vice president. 426. ( 2978a-ll) Vacancies How Filled. Any vacancy in said board, from whatever cause occurring, shall be temporarily filled by the other members of the board as soon as practicable after such vacancy occurs. The member so chosen shall hold office until his successor is elected and qualified, subject to the provisions of section 152 of the Constitution of Kentucky. 427. ( 2978a-12) ' Board of Education to Surrender School Property. When members of the Board of Education shall have been elected, shall have qualified, and shall have organized as hereinbefore provided, thereupon it shall become the duty of the existing School Board and all officers, agents and employes, thereof to surrender their CITIES OF THE FIRST CLASS. 171 places and to deliver to said Board of Education all thecommon school property, both real and personal, of every kind whatsoever, and the control and management of the common school affairs of such city: Provided, that until such Board of Education shall be organized, the administration of the common schools and the management of school property in such city shall remain in the control of the existing School Board in the same manner and with the same powers as existed prior to the passage of this act. All rules and by-laws made by any existing" School Board at such time vested in such city with the management of the common schools shall continue in force, so far as consistent with this act until repealed or altered by a major- ity of such Board of Education. Provided, further, that the first Board of Education may continue the employment and service of any existing officers, teachers, agents or other employes, in their several capacities in connection with the administration off school affairs, until such time as they effect the change of administrative system applicable to the common .sehools as contemplated in this act; and said Board of Education may thereafter retain or remove any agents, teachers, janitors, engineers or other employes then ren- dering service in eonnection with the public schools of said city. 428. ( 2978a-13) Rules and By-Laws. It shall be the duty of said Board of Education, within sixty days after its organization, to adopt rules and by-laws for its meetings and proceedings, and for the government, regulation and management of the schools and school property, and for the examination, qualification and t employment of teachers. And such rules or by-laws may be changed, altered, or set aside, only upon an affirmative vote of four (4) members of the board. 429. ( 2978a-14) Appointment of Officers. It shall be the duty of said Board of Education, as soon as practicable after its organiza- tion, to appoint a Superintendent of Schools, a Business Director, a Secretary and Treasurer, and such other officers, employes and agents as it may deem proper. Provided that no such .officer, employe or agent shall be a member of said board. 430. ( 2978a-15) Superintendent of Schools Appointed for On Year Powers and Duties. The Board of Education shall appoint a Superintendent of Schools who shall serve for a term of one year, but whenever a Superintendent who shall have* served one year shall be re-elected, his re-election shall be for a term of four years. His com- pensation shall not be changed during the term for which he is elected. He may be removed at any time by a vote of three-fifths of the entire board. The Board of Education may, en the nomina- tion of the Superintendent of Schools, appoint as many Assistant Superintendents as it may deem necessary, whose compensation shall be fixed by the board, and who may be removed by the Superintendent with the approval of the board. The Superintendent of Schools shall qualify by taking the oath prescribed by law. He shall have general 172 KENTUCKY SCHOOL LAWS 1916. supervision, subject to the control of the board, of the course of instruction, discipline and conduct of the schools, text books and studies; and all appointments, promotions and transfers of teachers and truant officers, and introduction and changes of text books and apparatus shall be made only upon the recommendation of the Super- intendent and the approval of the board. The superintendent shall have the power to suspend any teacher or truant officer for cause deemed by him sufficient, and the Board of Education shall take such action upon the restoration or removal of such person as it may deem proper. All appointments and promotions of teachers shall be made upon the basis of merit, to be ascertained, as far as practicable, in cases of appointments, by examination, and in cases of promotion, by length and character of service. Examination for appointment shall be conducted by the Superintendent in accordance with the State law for the certification of teachers, and under such other regulations as may be made by the board. The Superintendent of Schools shall devote himself exclusively to the duties of his office, and shall have power to appoint clerks, whose number and salaries shall be fixed by the board, and shall have power to remove the same; shall exercise a general supervision over the schools of the city, examine their con- dition and progress and shall keep himself informed as to the progress of education in other cities. He shall advise himself of the need of extension of the school system of the city, shall make reports from time to time as may be fixed by the rules or directed by the board, and shall be responsible to the board for the condition of the instruc- tion and discipline of the schools. The term "teachers," as used herein, shall include supervisors, supervising principals and prin- cipals. 431. ( 2978a-16) Business Director Compensation Duty. The board shall appoint a business director, who shall serve for a term of one year, but whenever a business director who shall have served one year shall be re-elected, his re-election shall be for a term of four years, but he may be removed at any time by a vote of three-fifths of the entire board. His compensation shall not be changed during the term for which he is elected. The Business Direc- tor shall qualify by taking the prescribed oath, and shall be the execu- tive officer of the board. He shall execute for the board in the name of the board its contracts and obligations; he shall see that all con- tracts made by or with said board are fully and faithfully performed; he shall have the care and custody of 'all property of the Board of Edu- cation, real and personal, except moneys; he shall oversee the con- struction of buildings in process of erection and repairs of buildings owned or controlled by the board; shall advertise for bids, and shall purchase all supplies and equipments authorized by the board; and, generally, shall execute and carry into effect all matters and thJngi CITIES OF THE FIRST CLASS. 173 authority for which shall have been granted by the board, as herein provided. 432. ( 2978a-17) Bond to be Given by Business Director. The business director shall devote his entire time to the duties of his office, and shall receive an annual salary to be fixed by the board at the be- ginning of each term, and payable monthly out of the school fund of the city. Before entering upon the discharge of the duties of his office he shall give a bond for the faithful performance thereof in the sum of ten thousand dollars, with a surety company, to be ap- proved by the board, which bond shall be paid for by the board and be deposited with the Secretary and Treasurer within twenty days from date of election, and preserved by him. 433. ( 2978a-18) Janitors and Engineers to be Appointed by Business Director. Subject to the approval of the Board of Education as to the number and salaries, the Business Director shall have power to appoint, with the approval of the Board of Education, as many engi- neers, janitors and other employes and agents as may be necessary for the proper performance of the duties of his department, for whom he shall be responsible, and whom he shall have power to remove; but the Board of Education may provide for a competitive examina- tion for the positions of janitors and engineers; and when such pro- vision shall have been made, the Business Director shall be required by the board to appoint janitors and engineers from the list ob* tained by such examination. He shall appoint such assistants and deputies as may be authorized by the board, whose compensation shall be fixed by the board; and one of said assistants shall be a trained and educated mechanical engineer, qualified to design the heating, ventilating and sanitary machinery and apparatus connected with the school buildings. Such assistants and deputies shall be sub- ject to removal by the business director, who shall be responsible for the proper performance of their duties. He shall perform such other duties as may be required of him by the board. 434. ( 2978a-19) Contracts to Lowest Bidders. All contracts for the erection of school buildings and all contracts for repairs and alteration in school property, exceeding the amount of fifty dollars, shall be made by the board after public letting to the lowest responsi- ble bidder, but it may reject all bids. The necessary specifications and drawings shall be prepared for all such work, and bids therefor shall be solicited by such advertisement as the board may provide. All other work of construction and repairs shall be made directly by the Business Director, as herein provided. For all work of construc- tion and repairs authorized to be done directly by the Business Direc- tor he shall furnish the necessary specifications and drawings, ex- cept in cases of emergency, and where the cost shall not exceed the sum of two hundred dollars, and shall solicit bids for such work as may be provided for by the board. No bids shall be entertained by 174 KENTUCKY SCHOOL LAWS 1916. the Business Director which are not made in accordance with the specifications furnished by him, and all contracts shall be let to the lowest responsible bidder complying with the terms of the letting: Provided, however, that the said Business Director shall have the right to reject any and all bids. 4o5. ( 2978a-20) Advertisement for Supplies. The board shall, at or prior to the beginning of each fiscal year, cause advertisements to be made under such regulations as it may provide for proposals for furnishing the supplies required in the schools and by the board In the ensuing year; and every contract therefor shall be awarded to the lowest responsible bidder complying with the terms of the letting; Provided, however, that said board shall have and reserve the right to reject all bids. If other supplies are required during the year, they shall be furnished under contracts awarded in like manner; but the board may authorize the purchase of supplies not exceeding fifty dol- lars in amount without letting or contract. The board shall make distribution of supplies through such agencies and in such manner as it deems proper. 456. ( 2978a-21) Secretary and Treasurer to be Appointed. The board shall appoint an officer, who shall be secretary and treas- urer, and shall serve for a term of one year, but whenever a secretary and treasurer shall have served one year and be re-elected, his election shall be for a term of four years, but he may be removed at any time by a vote of three-fifths of the entire board. He shall give bond in such sum as the board may require, which shall not be less than $50,000.00, with a surety company to be approved by the board, such bond to be paid for by the board and be deposited with the president of the board within twenty days from date of election and preserved by him. The compensation of such officer shall be fixed by the Board of Education before his election, and shall not be changed during the term for which he is elected. He shall exercise, subject to the control of the board, general supervision over the fiscal affairs of the public schools of the city, the collection and payment of funds to the school depositaries, and the disbursement of all revenues and moneys belong- ing to the board. He shall record the proceedings of the board in such manner as may be directed by the board, and shall deposit daily in the designated depositary of the board all moneys collected or re- ceived by him for the board. He shall furnish to the board at the be- ginning of each month a statement of receipts and disbursements of the preceding month; and at the end of the fiscal year he shall make to the board a full and comprehensive report of its financial affairs for the preceding year. He shall be the custodian of all securities, documents, title papers, books of record and other papers belonging to the board, under such conditions as the board may direct. It shall be his duty to see that no liability is incurred or expenditure made without due authority of law, that appropriations are not overdrawn CITIES OF THE FIRST CLASS. 175 and that all expenditures are charged to the appropriations for which they are made. Subject to the approval of the board, he shall have power to appoint assistants, for whom he shall be responsible and whom he may remove. He shall perform such other duties as may be required of him by the board. 437. ( 2978a-22) Depositaries to be Selected. The board shall, in the month of June of each year, advertise for bids from the banks and trust companies in such city for the current deposits of such board, to be secured by bond with surety to be approved by the board in an amount to be fixed by the board, and said bids shall specify the rate of interest to be allowed to said board on such deposits and the nature of the security offered; and such deposits shall be annually awarded to the two institutions, banks or trust companies that offer, with the required security, the highest rates of interest therefor; and the board shall cause contracts for the ensuing year to be made with such banks or trust companies so receiving the award of such deposits. All moneys due the board, from any source whatsoever, shall be paid to the Secretary and Treasurer, who shall thereupon cause all funds received to be paid into such designated depositaries, the balances in each to be kept as nearly equal as practicable. The fiscal year of the board shall end on the 30th day of June of each year, and the annual contract shall be made in the month of June of each year for the deposits of the succeeding fiscal year. The funds of the board deposited in bank shall be withdrawn only on the order of the board, evidenced by check on its Secretary an A Treasurer, coun- tersigned by the President of the Board, or, in his absence or disabil- ity, by the Vice-President. 438. ( 2978a-23) Apportionment of Revenues. It shall be the duty of the board at the beginning of each fiscal year to apportion the revenues available for that year to the different departments, for ex- penditure in support of the schools for that year, and no report or resolution shall be adopted by the board calling for the expenditure of money unless it states specifically the fund from which the appropria- tion is to be made, and is accompanied by the certificate of the Secre- tary and Treasurer showing sufficient balance in such fund available for such expenditure. 439. ( 2978a-24) Money May Be Borrowed. The board shall have power to borrow money on the credit of the board in anticipation of the revenue from school taxes for the fiscal year in which the same is borrowed and to pledge said school taxes for the payment of the principal and interest of said loan: Provided, that the interest paid shall in no case exceed six per cent, per annum and the principal shall in no case exceed fifty per cent, of the anticipated revenue. 440. ( 2978a-25) Tax Levy. To raise money for the main- tenance of the schools the general council shall annually cause to be levied and collected 'a tax of not less than thirty-six cents (.36) 176 KENTUCKY SCHOOL LAWS 1916. on each one hundred ($100.00) dollars of property assessed for taxa- tion for city purposes. Upon the completion of the assessment of property for taxation, the amount levied as above shall annually be passed to the credit of the school fund, upon the books of the city, and the said amount, as collected, sh'all be paid over to the board by the treasurer of the city, in regular monthly installments, the first payment to be made within one week after the collection of said amount shall have been commenced and the other payments to be made weekly thereafter in current money by the said treas- urer as collected. 441. ( 2978a-26) School Fund. For the maintenance of the schools there shall be appropriated the sum or sums which may be received from year to year as the city's portion of the school fund of this Commonwealth. 442. ( 2978a-27) Property to Escheat. So much real or mixed property in the city, which from alienage, defect of heirs, failure of kindred or other causes, shall escheat to the Common- wealth of Kentucky shall vest in the board for the use and benefit of the common schools. Said board may, in the name of the Com- monwealth, for the use and benefit of the common schools of the city, by its president or other officer to be designated by it, enter upon and take possession of said property or sue for and recover the same by an action at law or in equity, and without office found. The board may sell and convey any of such property by warranty, deed or otherwise. 443. ( 2978a-28) Duty of Officers as to Collection of Taxes. All officers of any city of the first class, and of the State, concerned with the assessment and collection of faxes, fines and penalties shall perform such duties in relation to the levying and collection of scfiool taxes and the collection of such fines and penalties, and the payment thereof to said board for school purposes, as are now im- posed by the existing laws upon such officers in relation to the levy and collection of school taxes and the collection of fines and penalties payable to the school funds; and nothing in this act, un- less inconsistent therewith, shall be construed as repealing any existing law providing for the assessment and collection of school taxes in such city; and all powers and duties conferred by existing law upon any board in relation thereto shall be continued in the board created by this act. 444. ( 2978a-29) Books to be Audited by Expert Account- ant. At the close of each fiscal school year the mayor of such city shall appoint one or more expert accountants, who shall examine the books, accounts and vouchers of the secretary and treasurer, business director, and all other departments of expenditures of the board, and shall make due report thereof to the mayor and bo'ard of education of such city. All the officers and employes of the board CITIES OF THE FIRST CLASS. 177 shall produce and submit to such accountants for examination of all books, papers, documents, vouchers and accounts in their office be- longing to the same or thereto pertaining, and shall in every way as- sist said accountants in their work. In the report to be made by said accountants they may make any recommendation they deem proper as to the business methods of such officers and employes. A reasonable compensation for such services shall be paid by the board. 445. ( 2978a-30) Kindergartens Power to Establish. The board shall have the power to establish and maintain kindergartens for children from four to six years of age, high schools, manual train- ing schools and a normal school and normal training classes for the purpose of tr'aining teachers to fill positions in the schools of the city, and to this end it may prescribe rules and regulations for the government of such schools, and as in other cases it may employ the principals and other teachers necessary for their efficient man- agement. 446. ( 2978a-31) Separate Schools for White and Colored Children. The board shall provide, maintain and support separate schools wherein all colored children, who are bona fide residents of said city, between the ages of six and twenty years, may be taught in like manner as herein provided for white children. Said schools for colored children shall be entitled to the same benefits, be gov- erned by the same rules and regulations, and be subject to the same restrictions as the schools herein provided for the white children. 447. ( 2978a-32) Qualifications of Pupils Fixed by Board. The board shall prescribe the necessary qualifications and mode of examination for applicants for admission to the various schools, and may furnish text books and necessary school supplies to pupils free of charge under such rules and regulations as it may adopt. 448. ( 2978a-33) Religious Dogmas. No formula of relig- ious belief shall be taught or inculcated, nor shall any class or any text book be used which reflects on any religious denomination. 449. ( 2978a-34) Pupils Admitted From Beyond City. The board shall have power to admit to the school pupils from beyond the city limits, and shall collect from all persons so admitted tui- tion fees for the benefit of the school fund of the city, but may make equitable allowance or reduction for taxes paid for schools by such children or their parents on property in the city. Children of per- sons residing outside of the city limits shall not be admitted as pupils into any of the public schools, except upon payment of such tuition as the board may require as aforesaid. 450. ( 2978a-35) (Reports to be Made Census to be Taken. A city of the first class being deemed one school district for tax- ation purposes and entitled to its proportion of the common school fund of the Commonwealth, the Board of Education of such city 178 KENTUCKY SCHOOL LAWS 1916. shall make detailed reports annually and special reports as required to the State Superintendent of Public Instruction. The board shall also, in the year 1911, and every third year thereafter, take the cen- sus of children of school age 'and make returns thereof to the Super- intendent of Public Instruction, at the same time other school offi- cers are required to make returns; and for the neglect of this duty the members of the board shall be liable to the same penalties. This census shall be taken under regulations approved by the State Board of Education. For the years in which no census is required to be taken, the Superintendent of Public Instruction shall determine the amount per capita to be paid over to the Board of Education of such cities by adding annually to the number of children of school age, as shown by the next preceding census actually taken, such increase or addi- tion as he may ascertain to be the annual increase of children of school age in the district upon averaging the yearly increase shown by the three actual enumerations next preceding: Provided, how- ever, that the Board of Education of any such city or the Superin- tendent of Public Instruction may elect to take an actual census in any of such years, in which case the return of such census shall govern. 451. ( 2978a-36) Report of Business Director and Treasurer. The board shall, at the end of each scholastic year, prepare and publish, for the information of the public, a report which shall in- clude the annual reports made to the board by the superintendent, business director and secretary and treasurer, together with such other information as may be proper and necessary to an understand- ing of the general condition and educational progress of the schools during the preceding year. 452. ( 2978a-37) Penalty. Any member,) officer or em- ploye of such board who shall wilfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on con- viction shall, unless otherwise herein provided, be punished by a fine of not more than five hundred dollars or imprisonment not ex- ceeding one year, or by both fine 'and imprisonment, in the discre- tion of the jury. But nothing herein contained shall be construed as suspending the general criminal laws of the State so far as ap- plicable. 453. ( 2978a-38) Repealing Clause. The general school laws of this State and 'all laws and parts of laws applicable to the general system of common schools in a city of the first class and not inconsistent herewith, shall be in full force and effect in such city. $ 454. Appropriation of Money. No appropriation of money shall be made by the board, except upon the affirmative vote of a majority of the members. The vote shall be entered upon its records. CITIES OF THE FIRST CLASS. 179 455. Members of the board shall not be elsewhere called in question for language used in debate. 456. (2978b-l) Bonds May 'be Issued to Erect School Building. In cities of the first class whenever the Board of Educa- tion shall deem it necessary for the proper accommodation of the schools of such city to purchase a site or sites or to erect school houses for the high schools or for the other schools, or to purchase land for the enlargement of existing school yards, or for any or all these purposes, and the annual funds raised from other sources are not sufficient to accomplish said purpose or purposes, and it shall deem a bond issue to be necessary therefor, said board shall make a careful estimate of the probable amount of money required for such purpose or purposes and it shall certify to the general council of said city the fact that an election for an issue of bonds for school improvements should be held, together with the amount of money for which bonds shall be issued and the purpose or purposes to which the proceeds thereof shall be applied. It shall thereupon be the duty of the general council to adopt an ordinance submitting to the qualified voters of the city at the next regular municipal elec- tion the question whether bonds of the city to the amount specified shall be issued for school improvement purposes. The bonds so issued shall be designated as "School Improvement Bonds," and the ordinance shall provide the date and maturity of such bonds, the rate of interest they shall bear, and the total amount to be issued; and the ordinance shall also contain the necessary details in refer- ence to the execution and delivery of said bonds, their denomina- tions, coupons to be annexed, tax to be levied to pay the interest and a sinking fund to retire such bonds at maturity. No bond issue shall ever be for an amount exceeding the sum of one million dol- lars. The question to be submitted shall be so framed that the voter may by his vote answer for or against the issue of bonds. It shall be the duty of the mayor of the city to see to it that all proper steps are taken to- secure a vote of the people upon the question, conforming, as far as applicable, to the proceedings in case of an election for members of the Board of Education in cities of the first class. If the voters of the city shall determine that such bonds shall be issued, they shall, when so issued, be placed under the control of the Board of Education, who shall determine when and at what price 'and how they shall be sold: Provided, That no such bonds shall be sold for less than par: And, Provided, further, That any premium which may be obtained from said bonds shall constitute a part of the sinking fund for their ultimate retirement. As the bonds are sold, their proceeds shall be placed to the credit of the board in the same depositaries which are selected for its other funds but shall be kept in a separate account 180 KENTUCKY SCHOOL LAWS 1916. and shall be used only for the purpose for which the bonds were issued. It shall be the duty of the General Council to levy annually in its tax levy a rate that will raise a sum that shall be sufficient to pay the interest and create a sinking fund for the payment of the bonds at maturity. The said bonds, principal and interest, shall be a charge upon the sinking fund of said city, and it shall be entitled to have the annual tax that shall be levied as aforesaid. 457. ( 2978d-l) Teachers' Annuity Fund Board of Trust- ees Manner of Appointment. In every city of the first class in the State of Kentucky there shall be, and is hereby created, a teachers' annuity fund, which shall be governed and managed by a board of trustees, which shall be a body corporate under the name of Trust- ees of Teachers' Annuity Fund of Louisville, with power to contract and to sue and be sued, and to adopt and alter its seal, and which shall be composed of seven members, as follows: One member of the Board of Education of such city, to be selected or appointed an- nually by such board, the Superintendent of Public Schools, one prin- cipal and four teachers regularly employed in the public schools of such city. Said principal and teachers of such city shall be selected at a meeting of the public school teachers of such city on the third Saturday of May, 1912, in such manner and at such place or places as~ shall be determined and designated by the Board of Education of such city; and thereafter there shall be selected on the third Saturday of May of e'ach year one principal and three teachers as members of such board of trustees. The trustees shall hold their offices until their successors shall be selected or elected as above set forth. In the event of a vacancy upon said board occasioned by the death, resignation or disability of either of said principal or teachers, then the public school teachers of said city shall, within a reasonable time, upon the call of the president of said board of trustees, hold a special meeting and elect a successor or successors. A m'ajority of said trustees shall constitute a quorum for the trans- action of business pertaining to said annuity fund. Said trustees shall receive no pay for their services as such, except the secretary, who may be paid such sum for services as may be fixed by the board of trustees: Provided, however, that if any one shall act as such secretary who shall receive any of the benefits of said pension fund, as hereinafter provided, the amount of the salary so received by such secretary shall be deducted from the amount for which he or she would otherwise be entitled as a beneficiary under said fund. 458. ( 2978d-2) Officers of Board Powers and Duties. Said board of trustees shall elect from among its number !a presi- dent, vice-president and secretary. The president shall preside at the meeting of the board and perform all other duties usual to such office. The vice-president shall perform duties of the president In CITIES OF THE FIRST CLASS. 181 his or her absence. It shall be the duty of the secretary to keep a true and accurate account of the proceedings of such board of trust- ees and of the teachers of such city, when acting upon matters with relation to said fund, and to turn over to his or her successor all books and papers pertaining to such office. The Superintendent of Schools of such city shall act as assistant treasurer, and it shall be his duty to keep a true and accurate statement of the account of each member with said annuity fund, to collect and turn over to the treasurer of said board all moneys belonging to s'aid fund, and to render to the board a monthly account of his doings. He shall furnish bond in such amount as shall be determined and required by said board of trustees. He shall receive no compensation for at- tending to the duties of his office as assistant treasurer of said board, but the trustees may allow to him annually for the employment of clerical assistance a sum not to exceed two hundred dollars, for the expenditure of which he shall account by full statement, with vouch- ers which shall be filed with his annual report hereinafter men- tioned. The treasurer of the Bo'ard of Education shall be ex-officio the treasurer of said board of trustees, and he shall receive and hold all moneys belonging to such teachers' annuity fund; he shall have the custody of all notes, bonds and other securities belonging to said fund, and shall collect the principal and interest of the same and shall be liable on his bond as treasurer of the Board of Education for the performance of all duties imposed upon him by this act and for the faithful accounting of all moneys and securities, including both principal and interest, which may come into his hands and which shall belong to such annuity fund. And he shall keep a separate account which shall show at all times the true condition of such fund. Said treasurer shall, upon the expiration of his term of office, account to said board for all moneys, notes, bonds and other securities coming into his hands, and for the interest, income, profits, rentals and proceeds of and from the same, and he shall turn over to his successor all moneys, notes, bonds and other securi- ties belonging to said fund. The secretary, treasurer and assistant treasurer shall each make a full, true and accurate report of their offices and trusts at each annual meeting of such teachers in May of each year. Their books shall at all times be open to inspection or examination by 'any member of said board of trustees. 459. ( 2978d-3) Revenue Board to Make Rules to Govern Same. Such board of trustees shall have full charge and control of the teachers' annuity fund of such city with power to adopt and en- force all needful regulations governing the same, not inconsistent with this act. Said fund shall be derived from the following sources: First, All money that may be given to said board of trustees or to said fund or to the board of education of such city, for the use of said board of trustees of teachers' annuity fund, by any person 182 KENTUCKY SCHOOL LAWS 1916. or persons. Such board of trustees may take by gift, grant, devise or bequest, any money, choses in action, person'al property, real estate, or any interest therein, and any such gift, grant, devise or bequest may be absolute, or upon the condition that only the rent, profits and income arising from the same shall be applied to the uses and purposes of said fund. Such board of trustees shall be au- thorized to take such gift, grant, devise or bequest under and by the style of the board of trustees of the teachers' annuity fund, of such city, and to hold the same, or assign, transfer or sell the same, whenever proper and necessary, under and by such name. Second, Every teacher shall be assessed upon his or her salary as follows: One per centum per annum (but not more than $1'0 upon the s'alary of every teacher who shall not have taught in excess of fifteen (15) years; and two per centum per annum (but not to ex- ceed $20) upon the salary of every teacher who shall have tau'ght longer than fifteen (15) years: Provided, however, that such assess- ment shall not be made prior to the first day of September, 1912. And the assistant treasurer of such board of trustees shall prepare a roll of each of said assessments and place opposite the name of every teacher the amount of assessment against him or her, and shall furnish a copy of such roll to the treasurer, 'and the treasurer of said board shall, in November and April of each school year, deduct and retain out of the salary going to such teacher the amount of such assessment, and shall give him or her credit for the same and place the same to the credit of said teachers' annuity fund. Every teacher of such city receiving a salary of four hundred and fifty dollars ($450) a year or more shall pay such assessment, and in becoming a teacher he or she shall be conclusively deemed to undertake and agree to pay the s'anie, and to have such assessment deducted from his or her salary as hereinbefore provided. 460. ( 2978d-4) Revenue Manner of Investment. The board of trustees of such teachers' annuity fund shall determine what part of said fund may be safely invested, land how much shall be retained for the immediate needs, demands and exigencies of said fund. Such investment shall be made: (1) In interest-bearing bonds of the United States, or in any bond lawfully issued by any State, county, city or other municipal corporation; (2) lo'ans secured by mortgage upon real estate within the county wherein such city is located, which loans shall not be in excess of fifty per centum of the appraised value of such real estate: (3) in interest-bearing de- posits at not less than three per cent, with banks or trust companies of Louisville, said deposits to be secured to their full amount with interest, by securities mentioned in classes (1) and (2) of this section. All bonds, mortgages and other securities shall be deposited with and remain in the custody of the treasurer of said board, who CITIES OF THE FIRST CLASS. 183 shall collect all interest due thereon and all the income therefrom, as the same shall become due and payable. 461. ( 2978d-5) Sinking Fund to be Provided. The board of trustees of such teachers' annuity fund shall establish a sinking fund, to the credit of which shall be put and deposited all gifts, grants, devises and bequests, and the unexpended balance remain- ing at the expiration of each fiscal year. And such sinking fund shall be and remain a permanent fund, and no part thereof shall be expended except the interest and income thereof and therefrom; provided, however, that one-half of the amount added to such sink- ing fund during any year may be used, if necessary, during the year immediately following. 462. ( 2978d-6) Annuity Fund Manner of Distribution. Said teachers' annuity fund shall be used and devoted in the man- ner and for the purposes following: First. The maximum annuity to be paid any teacher shall be four hundred dollars ($400) per annum, which amount shall be based upon a service of forty (40) years as such teacher, and every annui- tant and beneficiary of said fund shall be entitled to and shall re- ceive such percentage of said sum of four hundred dollars ($400) as the number of years' teaching of said pensioner and beneficiary shall bear to the term of forty years, subject, however, to all the provisions of this act. Second. Any aged, infirm, diseased or disabled teacher, who is now or hereafter may be, teaching in the public schools of such city, having served in the schools of said city as such teacher for not less than twenty (20) years and who shall have been relieved from ser- vice as such teacher by the Board of Education upon the ground of his or her infirmity, disease or disability, shall be entitled to re- ceive a disability annuity; provided said board of trustees shall find that he or she is entitled to the same by reason of such age, disease, infirmity or disability, and after such applicant for an annuity sh'all have been examined by a physician selected for such purpose by said board of trustees, the examination fee or charge of such physician to be paid by the applicant. Third. Any teacher who is now or hereafter may be teaching in the public schools of such city, and shall have taught for not less than thirty (30) years may be granted an annuity upon applica- tion to said Board of Trustees, or may be granted an annuity by such board without such application and shall thereafter receive an annuity during the remainder of his or her life, subject, however, to all the conditions in this act: Provided, however, that such an- nuitants shall have paid into said fund, by way of assessment or otherwise, not less than the whole of the amount to which he or she shall be entitled per annum as an annuitant. And in order to make up such amount, the bo'ard of trustees may order the treas- 184 KENTUCKY SCHOOL LAWS 1916. urer to deduct one-fifth thereof in each of the first five years from the amount of such annuity. If at any time there should not be sufficient money in or to the credit of said teachers' annuity fund to pay all claims against it in full, then and in such event, an equal percentage shall be paid upon all such claims to the full extent of the funds on hand, until such annuity fund shall be sufficient to pay all claims against it in full. 4G3. ( 2978d-7) Teachers Entitled to Annuity Fund. In computing years of service as provided in this act, the board of trustees shall not include service as a public school teacher ren- dered outside of such city; provided, however, that any teacher may be given a leave of absence for study, professional improve- ment or temporary disability, not exceeding one year at any one time, and shall be regarded as a teacher and entitled to the benefits of this act: Provided, that during such 'absence he or she continues to pay into such fund the amount of assessment payable by such teacher the last year preceding such leave of absence. 464. ( 2978d-8) Annuity Fund May be Discontinued. After any teacher shall have been granted an annuity by reason of injury, disability or disease, the board of trustees shall have the right at any time to cause such teacher again to be brought before such board and examined by its physician, and also to examine other witnesses, for the purpose of ascertaining whether said injury, dis- ability or disease shall continue, and whether such teacher shall re- main on the roll as an annuitant. Such teacher shall be entitled to notice and to be present at the hearing of any such evidence; shall be permitted to propound any question pertinent or relevant to such matter, and shall also have the right to introduce evidence upon his or her own behalf. Such teacher and all witnesses shall be examined under oath and any member of such board of trustees is hereby authorized and empowered to administer such oath. The decision of such board of trustees shall be final and conclusive, and no appeal shall be allowed therefrom, nor shall the same be review- able by any court or other authority; provided, however, that every teacher receiving annuity shall report to the Superintendent of Pub- lic Schools of such city whenever required so to do. And said superintendent may assign such teacher to such service or employ- ment as may be within his or her power to perform, in the judg- ment of such Superintendent of Public Schools and of the examin- ing physician employed by the said board of trustees. And during the time of ^uch employment such teacher shall receive the regular salary therefor, which shall be credited to and deducted from the amount payable to such teacher from said annuity fund. And should any teacher who is receiving an annuity recover from his or her in- jury, disease or disability, and again be fit for regular duty, then said teacher may again be regularly employed, and during the time CITIES OP THE FIRST CLASS. 185 of such employment, he or she shall cease to be entitled to any pay- ment out of said annuity fund because of the injury, disease or dis- ability on account of which such teacher was originally retired. 465. ( 2978d-9) Teacher May Retire on Length of Service Without Examination. Any teacher applying for an annuity by rea- son of length of time of service as in this act provided, shall be granted an annuity and retired without any medical examination, nor need he or she be under any physical disability, and from the time of such granting of annuity 'and retirement such teacher shall not be required to render further services as such teacher, nor shall he or she be deprived of the benefits herein provided, except for any cause contained in Section 311 of this act. 466. ( 2978d-10) Service Before Passage of Act May be Counted. In computing time under the provisions of this act, such time shall include services rendered before, as well as after, the taking effect of this act. 467. ( 2978d-ll) Trustees Power to Make Rules and By- Laws. The board of trustees shall have power and authority to make all necessary by-laws providing for the manner of the election of such trustees, to be elected as in this act provided, the counting and canvassing of the votes for the same, their meetings, for the collection of all moneys and other property coming or belonging to said fund, and all other matters connected with the care, preserva- tion and disbursement of the same, and the proper execution of the purposes and provisions of this act. And any annuity authorized by the board under this law shall be subject to reduction by said board of trustees whenever in its judgment the condition of the annuity fund, the financial or other conditions of the annuitant or any other circumstances render such reduction advisable, proper or necessary, and any annuity so reduced may thereafter be restored or increased, as such board may deem best. ^ 468. ( 2978d-12) Annuity Fund One-half May be Returned If Teacher Ceases to Teach. Any teacher who shall cease to teach in the public schools of such city before receiving any benefit from the fund, shall be entitled to the return of one-half of the amount, without interest, which shall have been paid into said annuity fund by such teacher; provided, however, should such teacher thereafter again teach in the public schools of such city, he or she shall refund to said annuity fund the amount so returned to such teacher within one year from the date of his or her return to service in the schools. And should any teacher die before receiving any of the benefits of pensions by this act provided, the board of trustees shall pay to such teacher's heirs or estate, or either or any of them, as it shall see fit, one-half the amount, without interest, which shall have been paid into said annuity fund by said teacher. 186 KENTUCKY SCHOOL LAWS 1916. 469. ( 2978d-13) Annuities to be Paid by TreasurerTime of Payment. All annuities herein provided for shall be paid to the treasurer of the Board of Education at his office at such times and in such installments as the trustees may determine, provided that not less than one-third of each annuity or percentage thereof shall be paid before December 15th, 'and the balance not later than June 1st of each scholastic year. Provided, further, that no annuity of any kind whatsoever provided for in this act shall be payable prior to October 1, 1915; but simple interest at six per cent per annum shall, until said date, run on any annuity beginning with the 1st of June of the scholastic year in which the right thereto may accrue. 470. ( 2978d-14) Annuities Not Subject to Process. All an- nuities granted and payable out of said teachers' annuity fund shall be and are exempt from seizure or levy upon attachment, execution, supplemental process, and all other process, whether mesne or final; and such annuities or any payment of the same shall not be subject to sale, assignment or transfer by any beneficiary, and such transfer shall be absolutely void. 471. ( 2978d-15) Annuity Fund May be Discontinued for Certain Causes. Whenever any person who shall have received any benefit from said fund shall be convicted of any felony, or of any misdemeanor or for which he or she shall be adjudged to be im- prisoned, or shall fail to report for examination for duty as required herein, unless excused by the board of trustees of such city, or shall disobey the requirements of said board of trustees in respect to said examination for duty, or shall fail to perform such duty as may be required of him or her if found 'able to perform such duty, then such board shall order that the annuity allowed and paid to him or her shall cease, until the further order of such board. 472. ( 2978d-16) Teacher Definition of Term. The term teacher as used in this act shall mean and include any principal, as- sistant principal, supervisor, assistant supervisor, person in charge of any special department of instruction, and any teacher or in- structor regularly employed as such by the Board of Education of such city. 473. ( 2978d-17) Date When Annuity May >be Applied For. Annuities may be applied for under this act on or after December 1, 1912, by any teacher who, after the approval of this act, shall be in the employ of said Board of Education and be entitled to an an- nuity under the terms of this act. 474. ( 2978d-18) Repealing Clause. The general school laws, of this State, and all laws. and parts of laws applicable to the gen- eral system of common schools in a city of the first class and not inconsistent herewith, shall be in full force and effect in such city. PARENTAL HOME AND SCHOOL COMMISSION. 187 CHAPTER XXIX. (Section numbers in parenthesis refer to Kentucky Statutes.) PARENTAL HOME AND SCHOOL COMMISSION. 475. ( 938b) (1) Parental Home and School Commission. In all counties in this Commonwealth wherein there is a city of the first class, there shall be created a bi-partisan commission com- posed of seven persons of whom two shall be women, and three of whom shall belong to the same political party as the County Judge, and four of whom shall be selected from that party that at the last gener'al and preceding election shall have cast the next largest vote, which shall be a body-politic and corporate, and shall be known as the "Parental Home and School Commission," and in which name it may contract and may be contracted with, sue and be sued, ac- quire real and personal estate by gift or purchase, and do all other acts necessary to carry out the purposes of this act. 476. ( 938b) (2) Members Appointed by County Judge. The members of said commission shall be appointed by the County Judge, who with the County Judge as a member ex-officio shall con- stitute said commission. Said members shall be appointed for a term of two years. Vacancies in said commission shall be filled for the unexpired term in the same manner as the original appointment. Said commissioners shall serve without compensation. 477. ( 938b) (3) Superintendent May be Employed. Said commission shall have power to appoint a superintendent at a salary not exceeding $2,000 per year, and such other employees as may be necessary and fix their compensation; to rent and purchase farm lands; erect, equip, conduct and maintain suitable buildings and grounds for the care, custody, maintenance, education and training of such dependent, neglected or orphaned children as may be com- mitted to it by order of the County Judge, or Juvenile Court Judge, and to make all needful rules for the conduct and maintenance of the said Parental Home and School, which in their judgment seems proper, and may not be in conflict with the law. 478. ( 938b) (4) Tax Levy to Maintain. In order to pro- vide money for the purchase of farm lands and to erect and equip necessary buildings for the needs and purposes of the Parental Home and School, and to maintain the same, the Fiscal Court is empowered to levy and collect a tax of two cents or less annually on each one hundred dollars' worth of property as shown in the last returned assessment, as may be necessary and to set the same ap'art as a sepa- rate fund for the purposes of this act until a sufficient amount shall have been accumulated for the purchase of said farm lands and the 188 KENTUCKY SCHOOL LAWS 1916. erection and equipment of suitable and sufficient buildings for the conduct of said Parental Home and School, and said fund shall be used only for the purpose for which it was created: Provided, that any fund heretofore set apart by the Fiscal Court for the care and custody of dependent children shall be placed to the credit of the Parental Home and School Commission, and may be at once used by said commission in the purchase of farm lands and equipment, and the general purposes of this act. 479. ( 938b) (5) All sums derived from taxation for the purchase of lands and the erection, equipment and maintenance of the buildings and institutions, including any fund heretofore set apart and now on hand for the care and custody of dependent children shall be paid over to said commission for the purposes herein set forth. CITIES OP THE SECOND CLASS. 189 CHAPTER XXX. (Section numbers in parenthesis refer to Kentucky Statutes.) PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 480. ( 3235a-l) Board of Education. Each city in this State of the second class, together with the territory now within its limits, or which may, in the future, he included by any change in these limits, shall be and constitute a single school district, and the super- vision and government of common schools and common school prop- erty therein shall be vested in a board of five trustees *o be called and known as the "Board of Education of , Kentucky," (in which title the name of such city shall be inserted.) Such Board of Education shall be a body corporate and sh'all have power, by and in said name, to sue and be sued, contract and be con- tracted with, purchase, receive, hold and sell property, do all things necessary to accomplish the purpose for the attainment of which such school district is organized, and succeed to all the property, property rights and privileges, of whatever kind or nature, granted and belonging to any previous corporation, board of education or school district in such city, or officers thereof, authorized or em- powered by any enactment of the General Assembly of the State to do anything in reference to public education. Provided, that all pending suits to which any such previous corporation, board of edu- cation or school district or officer thereof, is a party, may be prose- cuted to an end in the name of such party. All titles to property previously granted to such city by tbe United States, or this State, for common school purposes, and the title to all school lands and other property of every kind, shall be vested in the Board of Educa- tion established by this act. Every such Board of Education shall have general ana super- vising control, government and management of the public schools, including kindergartens, night and normal schools and high schools as hereinafter provided, and public school property in such city, with the right to use said property to promote public education in such ways 'as it may deem necessary and proper; shall exercise generally all powers in the administration of the public school system therein, appoint such officers, agents and employes as it may deem necessary and proper and fix their compensation and term of office; shall have power to fix *he time of its meetings, to make, amend, and repe'al rules and by-laws for its meetings and proceedings, for the government, regulation and management of the public schools and school property in such city, for the transaction of its business, and for the examination, qualification and employment of teachers, which 190 KENTUCKY SCHOOL LAWS 1916. rules and by-laws, when not inconsistent with the general laws of the State, shall be binding en such board of education and all part- ies dealing with it until formally repealed by an affirmative vote of four members of said board; to provide for special and standing com- mittees; to provide for the appointment of a medical inspector for the schools and to take such other steps as may be proper 'and neces- sary to secure and maintain the physical welfare of the pupils therein; to certify to the general council or the board of commis- sioners the amount of money necessary for the maintenance and improvement of the schools as hereinafter provided, and to purchase and hold all property, real and personal, deemed by it necessary for the purposes of public education, or for the investment of the public school funds, to build and construct improvements for such purposes, and to hold or sell the same. To aid in the purchase of real estate for school purposes, the board may acquire said property by deed with purchase money lien retained, or it may mortgage the property so purchased to secure a balance of purchase money or to raise funds with which to effect the purchase and may refund, renew or extend any encumbrance on school property by executing a new mortgage on the same property for a less amount. 481. ( 3235a-2) Real Estate Power to Purchase and Con- demn. It shall also have power, when unable to contract with the owner of any real estate necessary to the proper accomplishment of the purpose for which said board is created, to institute condemnation proceedings in accordance with the law governing railroad corpora- tions operated or incorporated under the existing laws of this Com- monwealth, or under laws which may here'after be enacted; and to have in such proceedings the same rights, powers, privileges and restrictions, as are now granted to or conferred upon such railroad corporations. Such Board of Education shall have all the powers of other school districts under the laws of this State, except as herein provided. Section 1. The Bo'ard of Education of any city of the Sec- ond Class shall have power to establish a fund to be known as the "Insurance Fund," which it may do by resolution so stating and fixing the maximum limit of said fund, and said fund, so set apart, shall be maintained separate and distinct from the other funds and moneys of this board, to be used exclusively for replacing and re- pairing any injury or destruction to any of the buildings owned by the board or to their contents, when caused by fire, tornado, wind- storm, cyclone, casualty, explosion, riot or flood, but not when caused by wear and tear or the natural processes of decadence or deteriora- tion. Section 2. That the Board of Education may raise the maximum limit of said fund from time to time as it may deem best. Until the amount in said fund shall equal the maximum limit, the Board CITIES OF THE SECOND CLASS. 191 of Education sh'all each year from the revenues under its control set apart to said fund a sum equal to one-tenth of the difference be- tween the amount then in the fund and the then maximum limit of the fund, the same to be paid over and placed in said fund in Jan- uary and July of each year, at least half in December, and half in June of that year. Whenever any portion of said fund shall be used as herein provided, payments to restore the fund shall at once be begun and be continued until the restoration is complete. When- ever the fund is, for any reason, below the maximum limit, the in- terest derived from the investment thereof shall be 'accumulated and added to the fund, but otherwise said interest may be transferred to the general funds of said board. Section 3. That said fund shall be kept on deposit with the treasurer of the board, unless by order of the board upon the recom- mendation of the Committee on Finance, it be invested under the supervision of that committee, in United States, State, county, city or school bonds (not bonds payable from assessments, and registered, if practicable), and if said bonds be coupon bonds, then same shall be kept deposited in a safe deposit vault and be opened only by the business manager or clerk of the board in the presence of the presi- dent of the board and the chairman of the Finance Committee. Section 4. The board shall once each year cause every building to be strictly examined by a competent insurance inspector, who shall make a written report of the result of his examination with recommendations. Section 5. Whenever any injury occurs to any of the buildings, or their contents, from fire, tornado, windstorm, cyclone, casualty, explosion, riot or flood, 'a sworn proof of loss in writing shall be prepared within thirty (30) days thereafter by the business director, which shall show in detail the items of injury, and in detail an esti- mate of the extent of the financial loss and whether and to what extent the same is covered by insurance, with the names of the companies, the numbers of the policies and the names of the agents, and shall file said statement with the Board of Education. Before the Board of Education shall have power to appropriate any portion of said fund, the Building Committee and the Finance Com- mittee of said board shall report to the board in writing answering in detail the following questions and making such recommendations as it deem best: a What is the entire loss on the building? $ When and what caused it? b What, if any, deduction should be made for wear and tear and the natural processes of decadence and deterioration? $ c What, if any, portion of the loss, proposed to be made good from this fund, resulted from causes covered by this fund? 192 KENTUCKY SCHOOL LAWS 1916. d Will it be practicable to make the restoration from the gen- eral fund, and the proceeds of any insurance policies, with- out assistance from this fund? e If assistance is. needed, from this fund, how much $ f It so, how will the portion so used be returned to the fund? g Does or not each committee recommend an appropriation from this fund to aid in the restoration proposed? h Ii so, how much? Every vote upon the use or investment of any portion of said fund shall be by call of the ayes and nays and the record shall show how each member voted. Section 6. In case of delay by any insurance company in pay- ing over to the Board of Education the amount of any loss under a policy, the board may, on the recommendation of the Building and Finance Committees, appropriate out of this fund, a sum not exceed- ing the amount of the provable loss under said policy, to aid in the prompt restoration of such loss. Provided, That in no event shall the amount so drawn from this fund exceed the amount collectable from said policies and that a resolution be adopted setting over to this fund the proceeds of said policies or sufficient thereof to re- place the amount so used and the proceeds when collected shall be so used and not otherwise. Section 7. Any member of the board who shall vote for, or any officer of said board who shall certify to, or dr'aw a check for, an appropriation in violation of this act shall thereby be and become liable to the board for the restoration of the amount of such wrong- ful appropriation, such liability to be enforced in an action brought by the board or by any citizen of the district or by the Superintend- ent of Public Instruction of the State and shall in addition be guilty of malfeasance in office and upon conviction shall forfeit his office" and may for each offense be fined not less than $50.00 nor more than $1,000.00 or imprisoned from one to five years or both so fined and imprisoned in the discretion of the court one-half of said fine to be paid over by the collecting officers to said board. 482. ( 3235a-3) Qualification of Members. No person shall be eligible to the office of member of the Board of Education who has not attained the age of twenty-four (24) years, and who is not a citizen of the United States, and who has not been such citizen for at least three years preceding his election, and a resident of the city for which he is elected, or who holds or discharges any office, deputy- ship or agency under the city or county of his residence; except that any member of said board, or any existing board, shall be eligible for re-election; no person shall be eligible to this office who at the time of his election is directly or indirectly interested in any con- tract with or claim against said board, or who is, directly or in- directly, interested in the sale to the board of books, stationery or CITIES OP THE SECOND CLASS. 193 other property. If, at any time, alter the election of any member of said board, he shall become interested in any such contract with or claim against said board, or if he shall, after election, become a candidate for any office or agency or for the nomination thereto, the holding and the discharging of the duties of which would have ren- dered him ineligible before election, or if he shall move his residence from the city for which he was chosen, or if he shall do or incur anything which would have rendered him ineligible for election, his office shall without further action be vacant, and it shall be filled as herein directed. Provided, That no member of said board shall vote regarding the appointment or employment in 'any capacity of any person related to said member as father, mother, brother, sister, husband, wife, son or daughter, nor shall any member of said board hold any office or position of emolument under appointment of said board. 483. ( 3235a-5) Oath of Office. Every member of said board shall, before assuming the duties of his office, qualify by taking the following oath which shall be kept on record in such board: STATE OF KENTUCKY, COUNTY OP , being duly sworn, says that he is eligible under the law to serve as a member of the Board of Education, and that he will not, while serving as a member of such board, become interested directly or indirectly in any contract with, or claim against said board, and that he will not be influenced dur- ing his term of office by any consideration except that of merit or fitness in the appointment of officers or engagement of employees, and that he will support the Constitution of the United States and of this State and faithfully perform the duties of his office. Sworn to and subscribed before me this day of 484. ( 3235a-6) Compensation Manner of Election. No compensation shall foe paid to the members of the board, but they shall be exempt from jury duty and from service as election officers during their term of office. The members of said Board of Education shall be elected from the city at large for the term of four years, except as specified in sections 485 and 487 herein, by the legal voters of such city. They shall be elected from the city at large without reference to wards or other territorial sub-divisions, and such election shall be held under the provisions of the general laws governing city elec- tions, so far as they are not inconsistent with the provisions of this act. S. L. 7 194 KENTUCKY SCHOOL LAWS 1916. 485. ( 3235a-7) Election by Secret Ballot Petition to Nomi- nate. All elections for members of the Board of Education shall be by secret ballot. Said ballot shall be on a separate sheet from all other ballots to be used in any election. It shall be the duty of the County Clerk of any county, in which a city of the second class is situated, to cause to be printed on said ballot the names of all can- didates for membership of the Board of Education of such city, in whose behalf he may be petitioned so to do in writing, by not less than one hundred legal voters of such city. The petitions must be filed in the office of the County Clerk not more than sixty and not less than fifteen days before the day of election, and each petition must be signed by the requisite number of qualified persons and shall show the place of residence of each person signing it, and no person shall sign more petitions than the number of offices to be filled. If the nomination is to fill a vacancy, the petition shall so state. When the same person shall be nominated for a full term and to fill a vacancy, he shall be accepted as a candidate for the full term. Said ballot shall be in the form prescribed for ballots by the gen- eral election law of the State, except that no party emblem or other emblem or distinguishing mark shall be placed upon said ballot, save the words "SCHOOL TICKET" at the head thereof; and that the names of all candidates for membership in the Board of Education shall be printed on said ballot in a single column. The names shall be printed on the first fifty ballots as arranged in alphabetical list. On each of the succeeding fifty ballots the names shall be printed in the same order, save that the last name on the preceding fifty ballots shall be shifted to the first place; and so on thereafter throughout, a like change being made in the printed order of names for every fifty ballots and such ballots shall be so bound that in the book of ballots for each voting precinct each candidate's name will appear first on approximately the same number of ballots as that of every other candidate. As many additional lines shall be left blank as there are members to be elected. The provisions of the general election law of the State of Ken- tucky as to the duties of County Clerks and other public officers in the matter of printing and distributing ballots, of issuing them to voters, of receiving and depositing them in the ballot boxes and of counting and preserving them, and in other particulars except as otherwise provided herein, shall be applicable in all respects to the election of members of the Bo'ard of Education: Provided, That it c>hall be the duty of the sheriff of each county in which a city of the second class is situated, to provide for each precinct in said city a separate box for the reception of the ballots used in the election of members of the Board of Education. And provided, further, That it shall be the duty of the judge of election of the opposite political CITIES OF THE SECOND CLASS. 195 faith to the clerk of election in each precinct to issue the school ballots in the same m'anner as other ballots are issued by the clerk of election, by writing the name and residence of the voter upon the primary stub, and his registered number upon the secondary stub of the school ballot, and by observing, as to these ballots, such other regulations for the issue and deposit of ballots as may be prescribed for elections generally. It shall be unlawful for an election officer or other person within the election booth to tell or to indicate by word of mouth or otherwise to a voter what may be the political affiliations of any candidate, and a violation of this provision shall be a misdemeanor punishable by fine not exceeding two hundred dollars. And provided, further, That upon the filing with the county judge of the county wherein a city of the second class is situated of a petition signed by a number of legal voters equal to twenty per cent, or more of the total number of votes cast in said city at the last preceding election at which presidential electors were -voted for, requesting that the election of members of the Board of Education in said city be held on a day other than the day for holding the general election therein, said County Judge shall make an order designating some day for the election of members of the Board of Education in said city, which day shall be not less than ninety nor more than one hundred and twenty days after the date whereon said order shall have been entered. Whenever such order shall have been entered by said court, the day so designated by him shall thereafter continue, unless changed by order of court as herein provided, to be the day for the holding elections for members of the Board of Education, and all the provisions of this act and of the general law regulating elections in this Commonwealth, when not otherwise in- consistent, shall apply to and govern said elections, except that it shall be the duty of the clerk of said election to issue said ballots in said separate elections in the same manner as other ballots are issued by him in general elections. Said petition to be filed with the county court, as aforesaid, shall be filed not later than the 1st day of September of the regular year or years for holding said elec- tions, beginning with the year 1912, and shall show the place of resi- dence of each person signing it, and the order of the County Judge in reference thereto shall be entered within fifteen days after the filing of same. The expense of holding said separate elctions, if ordered, as aforesaid, shall be paid for by the city wherein same shall be held out of its general funds. 486. ( 3235a-8) Number of Candidates to be Voted for. Each voter may vote for as many of said candidates as there are mem- bers to be elected, by making a cross in the square opposite the name of each candidate for whom he wishes to vote. The candidates, in number equal to the number of members to be chosen, who have the highest number of votes, shall be declared elected. If at any 196 KENTUCKY SCHOOL LAWS 1916. election a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shall, in all cases, be designated on the ballot as candidates to fill a vacancy, and the date of the unexpired term shall be stated. 487. ( 3235a-9) Time of Election. At the election occurring in the month of November, 1912, or on such date as may be fixed in 1912 by order of the County Court according to the provisions of section 485 of this law, five members of the Board of Education shall be elected as herein provided. After having qualified by tak- ing the oath prescribed by law, they shall assume office on the first Monday in January, 1913, and shall meet at the office of the present Board of Education of said city on said day, and shall proceed to organize by electing one of their number president, and another vice- president. Within one week after the organization of said board, it shall meet to divide its members by lot in such manner as they shall determine into two classes, as follows: The first class consisting of two memebrs shall hold office through the 31st day of December, 1914; the second class, consisting of three members, shall hold office through the 31st day of December, 1916. At the election of 1914, and at each regular election held in each even numbered year there- after, members shall be elected as hereinbefore provided to take the place of those whose terms will next expire, and the members so chosen shall hold office for four years, or until their successors are elected and qualified. At its first regular meeting after the first day of January in each year following said regular elections, said Board of Education shall organize by electing one of its members president and another vice-president. The board shall hold meet- ings regularly 'at least once a month, and shall keep a correct record of its proceedings in a book provided for that purpose, which shall be a public record open to inspection by any officer or citizen of the city. 488. ( 3235a-10) Members Failure to Attend Meetings of Board. Any member failing to attend the meetings of the board for three consecutive regular meetings, unless excused by the board for reasons satisfactory to the board, shall be deemed to have vacated his seat. 489. ( 3235a-ll) VacancyHow Filled. Any vacancy in said board, from whatever cause occurring, shall be temporarily filled by the other members of the board as soon 'as practicable after such vacancy occurs. The member so chosen shall hold office until his successor is elected and qualified, subject to the provisions of section 152 of the Constitution of Kentucky. 490. ( 3235a-12) Old Board to Surrender Office. When members of the Board of Education shall have been elected, shall have qualified, and shall have organized as hereinbefore provided, thereupon it shall become the duty of any then existing corporations, CITIES OF THE SECOND CLASS. 197 or board of education, or officers of the school district of such city to surrender their offices, and to deliver to said Board of Education, or to its officers, agents or employees, all the public school property, both real and personal, of every kind whatsoever, and the control and management of the public school affairs of such city. Pro- vided, That until such Board of Education shall be organized, the administration of the public schools and the management of school property in such city shall remain in the control of any such exist- ing corporation, board of education or officers of the school district, in the same manner and with the same power as existed prior to the passage of this act; and the Board of Education elected under this act shall continue, subject to removal for cause, the employment and service of any existing officers, teachers, agents, or other employees, in their several capacities in connection with the administration of school affairs, until the close of the term for which they have been elected; and said Board of Education may thereafter retain without examination, or remove any agents, teachers, janitors, engineers, or other employees then rendering service in, connection with the public schools of said city for cause to be stated in writing. All rules and by-laws made by any existing corporation, Board of Education or officers of the school district, at such time vested in such city with the management of the public schools shall continue in force, so far as consistent with this act, until repealed or altered by such Board of Education. 491. ( 3235a-13) Rules and By-Laws May be Adopted. It shall be the duty of said Board of Education, within sixty days after its organization, to adopt rules r.nd by-laws for its meetings and pro- ceedings, and for the government, regulation and management of the schools and school property, and for the examination, qualifica- tion and employment of teachers. And such rules or by-laws may be changed, altered or set aside, only upon an affirmative vote of four (4) members of the board. 492. ( 3235a-14) Superintendent Power to Appoint Quali- fications. The Board of Education shall appoint a superintendent of schools, whose term of office shall begin on July 1st, following his appointment and who shall serve for a term of two years, but when- ever a superintendent who shall have served two years after the appointment which is to be made under this law shall be reappointed to succeed himself, his reappointment shall be for a term of four years. He may be removed by three (3) members of the board for cause, or at any time by (4) members of the board and the vacancy thus created shall be filled by the board only until the first day of July following, when the temporary incumbent or some other per- son shall be appointed for a first term of two years as hereinbefore provided. The Board of Education may, on the nomination of the Superintendent of Schools, appoint as many assistant superintend- 198 KENTUCKY SCHOOL LAWS 1916. ents as it may deem necess'ary, whose compensation shall be fixed by the board, and who may be removed for cause by the superintend- ent with the approval of the board. The Superintendent of Schools shall qualify by taking the oath prescribed by law, and shall have general supervision, ' subject to the control of the board, of the course of instruction, discipline and conduct of the schools, text books 'and studies; and all appointments, promotions and transfers of teachers and truant officers, and intro- duction and changes of text books and apparatus, shall be made only upon the recommendation of the superintendent and the approval of the board. The superintendent shall have power to suspend any teacher or truant officer for cause deemed by him sufficient, and the Board of Education shall take such action upon the restoration or removal of such person as it may deem proper. All appointments and promotions of teachers shall be mr.de upon the basis of merit, to be ascertained as far as practicable, in cases of appointment, by examination, and in cases of promotion, by length and character of service. Examination for appointment shall be conducted by the superintendent in accordance with the State law for the certification of teachers and under such other regulations as may be made by the board. The Superintendent of Schools shall devote himself ex- clusively to the duties of his office, and shall have power to ap- point clerks, whose number and salary shall be fixed by the board, and shall have power to remove the same; shall exercise a general supervision over the schools of the city, examine their conditions and progress, and shall keep himself informed of the progress of educa- tion in other cities. He shall advise himself of the need of exten- sion of the school system of the city, shall make report from time to time as may be fixed by the rules or directed by the board, and shall be responsible to the board for the condition of the instruction and discipline of the schools. The term "teachers" as used therein shall include supervisors, supervising principals and principals. 493. ( 3235a-15) Business Director Powers and Duties. The Board of Education may appoint a business director whose term of office shall begin on July 1st following his appointment, and who shall serve for a term of one year; but whenever a business director who shall have served for one year after the appointment which is to be made under this law, shall be re-appointed to succeed himself, his re-appointment shall be for a term of four years. He may be removed for cause by a vote of three members of the bo'ard, or at any time by a vote of four members of the board. His compensation shall not be changed during the term for which he is elected. The business director shall qualify by taking the prescribed oath, and shall be the executive officer of the board. He shall execute for the Board of Education, in the name of the board, its contracts and obli- gations, except that bonds issued shall be signed by the president CITIES OP THE SECOND CLASS. 1&9 of the board and attested by the business director; he shall see that all contracts made by or with said board are fully and faithfully per- formed; he shall have the care and custody of all property of the Board of Education, real and personal, except moneys; he shall over- see the construction of buildings in process of erection and repairs of buildings owned or controlled by the board; shall advertise for bids, and shall purchase all supplies and equipments authorized by the board; and generally, shall execute and carry into effect all mat- ters and things, authority for which shall have been granted by the board, as herein provided. 494. ( 3235a-16) Business Director Salary Bond. The business director shall devote his entire time to the duties of his office, and shall receive an annual salary to be fixed by the board and payable monthly out of the school fund of the city. Before enter- ing upon the discharge of the duties of his office he shall give a bond for the faithful performance thereof in a sum to be fixed by the board, with a bonding company as surety, to be approved by the board, which bond shall be paid for by the board and deposited with the treasurer within ten days from date of election, to be preserved by him. 495. ( 3235a-17) Employees To Be Employed by Business Director. Subject to the approval of the Board of Education as to the number and salaries, the business director shall have power to appoint such engineers, janitors and other employees and agents, as may be necessary for the proper performance of the duties of his department, for whom he shall be responsible, and whom he shall have power to remove. He shall appoint such assistants and depu- ties as may be authorized by the Board of Education, whose com- pensation shall be fixed by the board. Such assistants and deputies shall be subject to removal by the business director, who shall be responsible for the proper performance of their duties. He shall perform such other duties as may be required of him by the board. 496. ( 3235a-18) Contracts for Buildings Bids to be Re- ceived. All contracts for the erection of school buildings and addi- tions thereto shall be made by said Board of Education, after public letting, to the lowest and best responsible bidder complying with the terms of the letting, but it may reject all bids. The necessary specifications and drawings shall be prepared for all such work, and bids therefor shall be solicited by such advertisement as the Board of Education may provide. All work of repairs, alterations and con- struction, other than said original erections and additions, in and upon school buildings and the grounds adjacent thereto, shall be done directly by the business director, subject to the approval and control of the board, and whenever directed to do so by said board, he shall solicit bids and prepare or secure drawings and specifica- tions therefor. 200 KENTUCKY SCHOOL LAWS 1916. No bids shall be entertained by the business director which are not made in accordance with the specifications furnished by him, and all contracts sh'all be let to the lowest and best responsible bid- der complying with the terms of the letting: Provided, however, that the said business director shall have the right to reject any and all bids. 497. ( 3235a-19) Supplies Contract to be Awarded Lowest Bidder. The Board of Education shall, at or prior to the beginning of each fiscal year, cause advertisements to be made under such regulations as it may provide, for proposals for furnishing the sup- plies, required in the schools and by the board for the ensuing year; and every contract therefor shall be awarded to the lowest and best responsible bidder complying with the terms of the letting: Pro- vided, however, that said board shall h'ave the right to reject any and all bids. If other supplies are required during the year, they shall be furnished under contract awarded in like manner; but the board may authorize the purchase of supplies not exceeding fifty dollars in amount without letting a contr'act. The board shall make distribution of supplies through such agencies and in such manner as it deems proper, and the board may contract for text-books or school apparatus for such term of years as it deems proper, pro- vided this term does not exceed four years. 498. ( 3235a-20) Business Director to Act as Secretary- Custodian of Funds. The business director shall also act as secre- tary of the board, and as such, he shall, subject to the control of the board, inspect regularly the fiscal affairs of the public schools of the city, and shall have charge of the collection and payment of funds to the bank or trust company selected as the treasurer of the board, and the disbursement of all revenues and moneys belonging to the board. He shall have supervision under the direction of the board, of any permanent school fund of the city, and the investment thereof, and all invested property of the board. He shall record the pro- ceedings of the board in such manner 'as may be directed by the board and shall deposit daily in the designated depository of the board all money collected or received by him for the board. He shall furnish, at the beginning of each month, a statement of receipts and disbursements of the preceding month; and at the end of the fiscal year he shall make to the board a full and comprehensive report of its financial affairs for the preceding year. He shall be the custo- dian of all securities, documents, title papers, books of record and other papers belonging to the board, under such conditions as the board may direct. It shall be his duty to see that no liability is in- curred or expenditure made without due authority of law, and that appropriations are not overdrawn, and that all expenditures are charged to the appropriations from which they should come. CITIES OF THE SECOND CLASS. 201 499. ( 3235a-21) The board may, if it prefer, contract with the city within which it operates, to act as its treasurer for such time not exceeding four years and upon such terms as said board and the governing authorities of said city may agree. If the board of education desires a bank or trust company to act as its treasurer, it may by resolution fix the term, which shall be not less than one nor longer than four years, for which it shall so act, and may then advertise for bids from the banks and trust companies for the best terms upon which they will act as treasurer, and receive and safely keep the deposits of the board. The bids shall specify the rate of interest, if any, to be allowed the board upon its deposits and the terms, if any, upon which same will be allowed, and the rate of interest, if 'any, to be charged for loans, and the terms upon which same will be made, and the nature of the security offered by the bidder on its bond. That bid shall be accepted from which the board will realize the most money, considering the interest to be allowed on deposits and to be paid on loans, if the bid is otherwise satisfactory, and the bo'ard shall have power to reject any and all bids. The board shall then enter into a contract and bond with the successful bidder to act as treasurer for the term so fixed, the amount of said bond to be fixed and the surety approved by the board. In letting and contracting for its treasureship, it may do so jointly with the city within which it operates, or separately, 'as it prefers. All moneys due the board shall be paid to the business director and, by him, deposited daily with the treasurer so designated. 500. ( 3235a-22) Funds How Expended. The funds of the board deposited in bank shall be withdrawn only on the order of the board evidenced by the check of its business director, counter- signed by the president of the board, or, in his absence or disability, by the vice-president. 501. ( 3235a-23) It shall be the duty of such board of edu- cation at the beginning of each fiscal year, to apportion the revenue available for that year to the different departments (including the current expense funds, the insurance or restoration fund and the site and building fund), for expenditure in support of the schools for that year and no report or resolution shall be adopted by the board calling for the expenditure of money unless it states specifically the fund from which the appropriation is to be made, and is accom- panied by the certificate of the business director that there is a balance in such fund available for such expenditure. If in any of the current expense funds (not including special funds such as sinking funds, trust funds, insurance or restoration funds, and site and build- ing funds, and those realized from the sale of bonds), there remain 202 KENTUCKY SCHOOL LAWS 1916. at the end of any fiscal year a surplus apportioned, but not used or needed for the purpose for which it may have been set apart, the same may be carried into and set apart as a portion of the perma- nent "Site and Building" Fund and accumulated and used solely for the purchase of sites or the erection, remodeling, rebuilding, or im- provement of school buildings, or put into and set apart as a portion of the insurance or restoration fund to be used solely in restoring or replacing buildings and equipment injured or destroyed by fire or casualty. 502. ( 3235a-24) Power to Borrow Money. The Board of Education shall have the power to borrow money on the credit of the board in anticipation of the revenue from school taxes for the fiscal half year in which the same is borrowed and pledge said school taxes for the payment of the principal and interest of said loan: Provided, That the interest paid shall in no case exceed six per cent, per annum and the principal shall in no case exceed fifty per cent, of the anticipated revenue for the fiscal half year in which the same is borrowed. 503. ( 3235a-25) To raise money for the maintenance of the schools, the general council or board of commissioners shall an- nually cause to be levied and collected as the board of education may request as hereinafter provided, a tax of not less than thirty cents on each one hundred dollars' worth o property assessed for taxation for city purposes, and in addition thereto to be levied and collected annually a rate that will raise a sum sufficient to pay the interest on the bonded indebtedness of the Board of Education arid create a sinking fund for the payment of the principal thereof at maturity. It shall be the duty of the board of education annually to make a careful estimate of the probable amount of money neces- sary for maintaining the schools and the business entrusted to the board during the current fiscal year, and the amount of money necessary to pay the interest on its bonded indebtedness and create A sinking fund for the payment of the principal thereof at maturity, and it shall, prior to the fifth day of January, certify said amount to che general council or board of commissioners with the request that a tax for schools sufficient to realize for said board the amount aforesaid shall be levied on each one hundred dollars' worth of property assessed for taxation for city purposes, and that said levy shall be included in the annual ordinance for said year. If, in any ye'ar the amount so certified and requested, shall represent a tax rate as based upon the total assessment of taxable property for said year greater than forty cents for maintenance purposes, the general council or board of commissioners may fix the levy for main- tenance purposes at forty cents and disregard the excess, but a rate that will raise a sum of money sufficient to pay the interest and create a sinking fund for the payment of the bonded indebtedness CITIES OP THE SECOND CLASS. 203 shall be levied and collected in addition thereto. If, in any year, the board shall fail to make the certificate and request as aforesaid, the general council or board of commissioners shall make a levy for schools that shall be the same as it was the year before. The word "maintenance' as used in this act shall be construed to mean and include the expenses of conducting the schools, of the accumu- lation of a site and building fund to be used solely to acquire or en- large sices or erect, restore, rebuild, remodel or equip school build- ings, and of the creation and accumulation of an insurance or restoration fund to be used solely to aid in the restoration of build- ings injured or destroyed by fire or casualty. 504. ( 3235a-26) Treasurer to Collect Taxes and Pay Over to Board. Upon the completion of the assessment of property for taxation, the amount levied as above, shall annually be passed to the credit of the school fund upon the books of the city, and the said amount, as collected, shall be paid over to the board by the treas- urer of the city in regular weekly installments, the first payment to be made within one week after the collection of said amount shall have been commenced and the other payments to be made weekly thereafter, in current money by the said treasurer as collected. 505. ( 3235a-27) Whenever the Board of Education shall deem it necessary for the proper accommodation of the schools of such city to acquire or enlarge sites for school buildings, to erect, improve, remodel, rebuild or restore buildings for nigh schools or for any other school purpose, or for any or all these purposes, and the annual funds raised from other sources, are not sufficient to ac- complish said purpose or purposes, s'aid board shall make a careful estimate of the probable amount of money required for such purpose or purposes and it shall certify to the General Council or Board of Commissioners of said city the fact that an election for an issue of bonds for school improvement shall be held, together with the amount of money for which bonds shall be issued and the purpose or purposes to which the proceeds thereof shall be applied. It shall thereupon be the duty of the General Council or Board of Commis- sioners to adopt an ordinance submitting to the qualified voters of the city at the next regular election the question whether bonds of the city shall be issued for the purpose or purposes aforesaid. The bonds so issued shall be designated as "School Improvement Bonds," and the ordinance shall fix the time the bonds shall run, and if a serial issue, then the amount to m'ature at each time, and limit the rate of interest which will be permitted on said bonds, and the total amount of bonds to be issued, and provide for the levy of a tax to pay the interest and to either redeem the bonds as they mature, or provide for the accumulation of a sinking fund to retire them at their maturity. 204 KENTUCKY SCHOOL LAWS 1916. No submission of the question of issuing bonds hereunder shall be had prior to the regular election in November, 1913, and the total outstanding issue of bonds for school purposes, including bonds al- ready issued, shall never exceed two (2) per centum of the value of the taxable property of the city to be estimated by the assessment next before the last assessment previous to the incurring of the indebtedness. The question to be submitted shall be so framed that the voter may by his vote answer FOR or AGAINST. If the voters of the city shall determine by a two-thirds majority of those voting that such bonds shall be issued, they shall, when so issued, be placed under the control of the Board of Education, who shall determine when and at what price and how they shall be sold, and the date, number of bonds, denominations, whether coupon or registered, the rate of interest and frequency of payment thereof, place 01 payment of principal and interest and any other details it desires embodied in the bonds or in the ordinance providing for their issue and shall certify same to the governing body of said city, who shall at once adopt 'an ordinance in conformity therewith and cause the bonds to at once be properly prepared, and executed and turned over to the Board of Education for sale and delivery. Pro- vided, That no such bonds shall be sold for less than par; and pro- vided, further, that any premium which may be obtained from said bonds shall constitute a part of the Sinking Fund for their ultimate retirement. As the bonds are sold their proceeds shall be placed to the credit of tlje board in the same depository which is selected for its other funds, but shall be kept in a separate account and shall be used only for the purposes for which the bonds were issued. It shall be the duty of the Gener'al Council or of the Board of Commissioners, in addition to the levy made for the maintenance of the schools as hereinbefore provided, to levy annually in its tax levy a rate that will raise a sum that shall be sufficient to pay the interest and create a Sinking Fund for the p'ayment of the bonds at maturity. The said bonds, principal, and interest shall be a charge upon the sinking fund of said city, and it shall be entitled to have the annual tax that shall be levied as aforesaid. 506. ( 3235a-28) Funds for Maintenance of Schools. For the maintenance of the schools there shall be appropriated the sum or sums which may be received from year to year as the city's por- tion of the school fund of this Commonwealth. 507. ( 3235a-29) Escheated Lands. So much property in the city, as, from any cause shall escheat to the Commonwealth of Kentucky, shall vest in the board for the use and benefit of the public schools of the city. Said board may, in the name of the Commonwealth, for the use and benefit of the said schools, by its president or other officer to be designated by it, enter upon and take possession of said property, or sue for and recover the same by CITIES OF THE SECOND CLASS. 205 action at law or in equity, and without office found. The board may sell and convey any of such property by warranty deed or otherwise. 508. ( 3235a-30) Duty of Officers as to Collection of Taxes. All officers of any city of the second class, 'and of the State, con- cerned with the assessment and collection of taxes, fines and penal- ties, shall perform such duties in relation to the levying and col- lection of school taxes and the collection of such fines and penalties, and the payment thereof to said board for school purposes, as are now imposed by the existing laws upon such officers in relation to the levy and collection of school taxes and the collection of fines and penalties payable to the school funds; and nothing in this act, unless inconsistent therewith, shall be construed as repealing any existing law providing for the assessment and collection of school taxes in such city; and all powers and duties conferred by existing laws upon any board in relation thereto shall be continued in the board created by this act. 509. ( 3235a-31) Expert Accountant to be Employed. At the close of each fiscal year of said board, the Board of Commissioners or the General Council of such city shall 'appoint one or more expert accountants, who shall examine the books, accounts and vouchers of the business director and secretary, the treasurer and all other de- partments of expenditures of the board, and shall make due report thereof to the Mayor and Board of Education of such city. All the officers and employees of the board shall produce and submit to such accountants for examination all books, papers, documents, vouchers and accounts in their office belonging to the same or thereto per- taining, and shall in every way assist said accountants in their work. In the report to be made by said accountants they may make any recommendation they deem proper as to the business methods of such officers and employees. A reasonable compensation for such services shall be paid by the board. 510. ( 3235a-32) Kindergartens Power to Establish. The Board of Education shall have power to establish and maintain kin- dergartens for children from four to six years of age, high schools, night schools for all residents of the city, and normal training classes for the purpose of training teachers to fill positions in the schools of the city, and to this end it may prescribe rules and regu- lations for the government of such schools and employ the principals and other teachers necessary for their efficient management. 511. ( 3235a-33) Schools for Colored Children. The Board of Education shall provide, maintain and support separate schools wherein all colored children, who are bona fide residents of said city, between the ages of six and twenty years, may be taught in like manner as herein provided for white children. Said colored schools shall be entitled to the same benefits, be governed by the same rules 206 KENTUCKY SCHOOL, LAWS 1916. and regulations, and be subject to the same restrictions as the schools herein provided for the white children. 512. ( 3235a-34) Examination of Teachers. The board shall prescribe the necessary qualifications and mode of examination for applicants for admission to the various schools. The said board shall have authority to make rules and regula- tions under which the superintendent may furnish text books and other school supplies to children who are not otherwise able to ob- tain them. 513. ( 3235a-35) Religious Dogmas. No catechism or other formula of religious belief shall be taught or inculcated, nor shall any class-book be used which reflects on any religious denomination. 514. ( 3235a-36) Pupils-r-Who May Attend. The board shall have the power to admit to any schools pupils from beyond the city limits and to collect for these pupils tuition fees for the benefit of the school fund of the city. Children or persons residing outside of the city limits shall not be admitted as pupils into any of the public schools, except upon payment of such tuition as the board may re- quire as aforesaid. 515. ( 3235a-37) Reports to be Made. A city of the second class being deemed one school district for taxation purposes and entitled to its proportion of the public school fund of the Common- wealth, the Board of Education of such city shall make detailed reports annually and special reports as required to the State Super- intendent of Public Instruction. The board shall also in the year 1913, and every third year thereafter, cause to be taken the census of children of school age and make returns thereof to the Superin- tendent of Public Instruction, and at the same time other school offi- cers are required to make returns; and for neglect of duty the mem- bers of the board shall be liable to the same penalties. This census Bhall be taken under regulations approved by the State Board of Education. For the years in which no census is required to be taken, the Superintendent of Public Instruction shall determine the amount per capita to be paid over to the Board of Education of such cities, by adding annually to the number of children of school age as shown by the next preceding census actually taken, such increase or addi- tion as he may ascertain to be the annual increase of children of school age in the district upon averaging the yearly increase shown by the three actual enumerations next preceding: Provided, however, that the Board of Education of any such city or the Superintendent of Public Instruction may elect to take an actual census in any of such years, in which case the return of such census shall govern. 516. ( 3235a-38) Report to be Published. The Board of Edu- cation shall, at the end of e'ach scholastic year, prepare and pub- lish, for the information of the public, a report which shall include CITIES OF THE SECOND CLASS. 207 the annual reports made to the board by the superintendent, business director and secretary and the treasurer, together with such other information as may be proper and necessary to an understanding of the general condition and educational progress of the schools during the preceding year. 517. ( 3235a-39) Violations Penalties^ Any member, offi- cer, or employee of such board who shall wilfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not more than five hun- dred dollars or imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the jury. 518. ( 3235a-40) Testimony to be Under Oath. All testi- mony taken upon any investigation made by the board or in any proceedings before the board for the removal of any officer or em- ployee of the board, or in any investigation made by any committee of the board, shall be undeF oath, which oath may be administered by the secretary or any officer authorized to administer oaths. Said board, or any duly constituted committee thereof, shall have the power in any investigation or proceedings before it concerning a matter which may be a proper subject of inquiry by it, to summon witnesses by subpoena and to enforce the compulsory attendance of said witnesses. Should any person so summoned refuse to attend or to produce a paper to be used as evidence in said investigation, or proceedings, or, being present, refuse to testify concerning any matter which may be a proper subject of inquiry, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not less than ten and not more than fifty dollars. 519. ( 3235a-41) Repealing Clause. The general school laws of this State and all laws and parts of laws applicable to the general system of public schools in a city of the second class and not inconsistent herewith, shall be in full force and effect in such city. 520. ( 3235a-42) Members of Board How Chosen. The general care and management of the insurance and annuity fund of the public school teachers of the cities of the second class shall be vested in the treasurer of the Board of Education, or, if a bank be the treasurer, in the president thereof, the Superintendent of the Public Schools, the president of the Board of Education, and four members of the teaching staff, the last named to be chosen by ballot at a meeting of the teachers called by the Superintendent of Public Schools on the second Saturday of May in each year. At this meet- ing any vacancy in the membership of the Board of Insurance and Annuity, to be filled from among the teachers, shall be filled by ballot. The length of service of the four members, from among the teachers chosen at the first election, shall be determined by lot; one member shall serve for four years, one member shall serve for three years, one member shall serve tor two years, and the remaining 208 KENTUCKY SCHOOL LAWS 1916. member shall serve for one year, and thereafter one member shall be elected each year. Said board shall establish, from time to time, such rules and regulations for administration of said fund as it may deem best, and said board shall make payments from the said fund of annuities granted in pursuance of this act. The members of this board, with the exception of the treasurer, shall serve without remun- eration. The treasurer of the Board of Education of the city of the sec- ond class shall receive and hold all moneys belonging to said funds, and may invest the same, by direction of said Board of Insurance and Annuity, in national, state, county, or municipal bonds, or bonds accompanied by first mortgages on improved real estate, or in such investments as are deemed legal for insurance companies in the State of Kentucky, to an extent not to exceed fifty per cent, of the value thereof. Said treasurer shall make payments from said fund only when directed by said Board of Insurance and Annuity. Said treasurer shall report in detail to said Board of Insurance and An- nuity, annually, on the second Saturday of May, or oftener if re- quired by said board, the condition of said fund and the items of the receipts and disbursements of the same. Said treasurer shall give bond for the faithful performance of his duties in an amount, and in such manner as prescribed by the Board of Insurance and Annuity, and the cost of such bond shall be defrayed from the funds of the Board of Insurance and Annuity. From said fund shall also be paid to the treasurer, annually, an amount decided upon by the Board of Insurance and Annuity, as remuneration for his services. 521. ( 3235a-43) Sources of Fund Beneficiaries. The In- surance and Annuity Fund shall consist of the following, with inter- est, income, and profits thereof: 1. The sum of one thousand ($1,000) dollars or more yearly may be provided by the Board of Education of a city of the second class, out of funds coming to its h'ands for maintenance of schools. 2. A fund may be provided by the Board of City Commissioners which shall be raised by a yearly levy of one cent on every hundred dollars' worth of taxable property in said city. 3. After the Board of Education of a city of the second class has provided for the payment of $1,000 yearly or more, and the Board of Commissioners of said city of the second class has levied a tax of one cent, on every hundred dollars' worth of taxable property of such city for the maintenance of an Insurance and Annuity Fund for the teachers in the public schools of said city; then, one per centum of the salaries of all teachers .of the public schools of such city who have been engaged in teaching in said public school for ten years or under, 'and two per centum of the salaries of all teach- ers who have been engaged in teaching more than ten years, shall be withheld and added to the fund, provided that no payment shall CITIES OF THE SECOND CLASS. 209 exceed forty ($40) dollars per annum. The treasurer of the Board of Education of such city, shall deduct, monthly, from the salary of every teacher the amount provided for in said schedule, which amount shall be turned monthly into said Insurance and Annuity fund. After the passage and adoption of this act, each contract made with teachers by the Board of Education of such city shall specify that the sums in this paragraph provided shall be deducted from each and every teacher's salary. Any teacher who shall retire, or who shall be retired from service as teacher, and who shall not be in receipt of or entitled to an annuity under this act, shall have re- funded to him or her three-fourths of the amount, without interest, which he or she has contributed to the Insurance and Annuity Fund. If such teacher shall again teach in public schools and shall, within a time specified by the Board of Insurance and Annuity, repay to said fund the amount so returned to such teacher, together with simple interest on said amount (not to exceed four per centum per annum), such teacher shall, upon returning to regular school work, receive credit for past years of service. In the event of the death of any teacher entitled to the provisions of this act, before such teacher lias been retired upon an annuity, then, and in that case the heirs or legatees of such deceased teacher shall be entitled to a sum out of said fund equal to three-fourths of the sum, without interest; paid by such teacher into said fund. 4. Moneys received from donations, legacies, bequests, gifts, de- vises, or otherwise may be used to augment this fund, and the amount or amounts so received, together with ten per centum of all other receipts, shall constitute a sinking fund, and such sinking fund shall be and remain a permanent fund, and no part thereof shall be expended except the interest and income thereof and therefrom, pro- vided that one-half of the amount added to such sinking fund may be used during the year immediately following its addition, if its use be deemed necessary by the Board of Insurance and Annuity. 5. All such other increment as may be duly and legally devised for the increase of said fund. 522. ( 3235a-44) 1. Medical Examiners Conditions of Retire- ment. The Board of Insurance and Annuity shall annually appoint three surgeons or physicians of at least ten years' active practice, who shall be known as the Board of Medical Examiners, who shall serve without pay, and who shall, upon request of the Board of Edu- cation or the Board of Insurance and Annuity, make examinations and report their findings in writing to the board making such re- quest. 2. On recommendation of a majority vote of said Board of Edu- cation, said Board of Insurance and Annuity shall place on the dis- ability list any teacher of the public schools of such city who has 210 KENTUCKY SCHOOL LAWS 1916. been engaged in the work of teaching for a period aggregating fifteen years in the public schools of the State of Kentucky, the last ten years of which shall have been in the public schools of the city grant- ing the annuity, and who is found by said Board of Medical Examin- ers to be mentally and physic'ally incapacitated for the further per- formance of duty as a teacher. 3. Any teacher of the public schools of such city who has been engaged in teaching in the public schools of the State of Kentucky for a period aggregating fifteen years, the last ten of which shall have been in the public schools of the city granting the annuity, shall have the right to apply to the Board of Insurance and Annuity to be placed on the disability list, on the ground that he or she is physically or mentally incapacitated for further performance of duty as a teacher. Any applicant for retirement on said ground of dis- ability shall submit to a proper examination by said Board of Med- ical Examiners before his or her application shall be considered. 4. Nothing in this act shall be construed as prohibiting the Board of Insurance and Annuity, by a majority vote, from recommending to the Board of Education that the disability of a teacher retired under this section shall be ended. Said Board of Education may, on the recommendation of said Board of Insurance and Annuity, de- clare ended the disability of a teacher retired under the terms of this section, and, upon its delivery to said teacher of a contract of re-appointment to a position as teacher, the payment of the annuity of such teacher under this disability clause shall be discontinued. In no case, however, shall disability provided for in this section be de- clared ended or finished until an examination of such teacher has been made by s'aid Board of Medical Examiners. 5. The provisions of this section shall not apply to ordinary cases of temporary disability. 6. Upon retirement under the disability act, such teacher shall be entitled to receive, during the period of disability, a retirement annuity, payable in monthly installments, which shall be the same fraction of the maximum retirement annuity as said teacher's time of service is of thirty-five years, provided that application for such retirement annuity shall be made not later than two years after the termination of the last month of employment. The payment of said annuity shall date from the time of the granting thereof by said Board of Insurance and Annuity. 523. ( 3235a-45) 1. Amount of Annuity Manner of Pay- ment. Upon the recommendation of the Board of Education, the Board of Insurance and Annuity shall place on the retired list any teacher who has taught in the public schools for a period aggregat- ing twenty-five years, twenty years of which shall have been in the public schools of the State of Kentucky, and the last fifteen years in CITIES OF THE SECOND CLASS. 211 the public schools of the city wherein said teacher is employed at the time of retirement. 2. Any teacher of the public schools of such city who has taught for a period aggregating not less than twenty-five years, twenty years of which shall have been in the public schools of the State of Kentucky and the last fifteen years in the public schools of the city granting the annuity, shall have the right, upon application to the Board of Insurance and Annuity, to be placed on the retired list. 3. The annuity of any teacher retired under the provisions of this act, after twenty-five years of employment, shall be thirty per centum of his or her 'average contractual salary for the last five years before retirement, and two per centum of his or her average contractual salary for the last five years before retirement for each and every year of employment in excess of twenty-five years; pro- vided, however, that, unless otherwise specified, no annuity shall be more than fifty per centum of a teacher's 'average contractual salary for the past five years before retirement, and provided, further, that no annuities granted under the provisions of this act shall be more than six hundred ($600) dollars. 4. No annuities shall be paid, under the provisions of this act, unless the retiring teacher shall have first paid into the Insurance and Annuity Fund such sum or sums as shall make his or her total payments equal to the amount of the annuity paid for the first year; but should such retiring teacher be unable to pay the full amount of said sum before receiving the annuity, the Bo'ard of Insurance and Annuity shall, in paying the annuity of such teacher, withhold from each monthly payment twenty per centum thereof until the full amount hereinbefore provided for shall have been contributed to the fund. 5. If said Insurance and Annuity Fund shall, at any time, be found insufficient to carry out the provisions of this act, the amount in s'aid fund shall, during the continuance of such insufficiency, be distributed, pro rata, among the persons entitled thereto, and such distribution shall be in full of all annuities then due. 6. Any teacher may be given a leave of absence for study, pro- fessional improvement, or temporary disability, and shall be re- garded as a teacher and entitled to the full benefits of this act, pro- vided that the payment of such funds shall be continued during said leave of absence and shall equal the assessment paid by such teacher for the next year preceding the period or periods of absence, respec- tively. 7. In computing time, under the provisions of this act, such time shall include the period of service rendered both before and after the taking effect of this act. Credit shall be given for time spent as a regular and salaried substitute teacher. 212 KENTUCKY SCHOOL LAWS 1916. 8. The payment of said annuity shall be suspended whenever the person to whom said annuity has been granted resumes work las a regular and salaried teacher in any public school. 9. Unless otherwise determined by each respective Board of In- surance and Annuity in a city of the second class of the State of Kentucky, no annuities shall be paid out of s'aid fund for the first three years after the passage and adoption of this act. 524. ( 3235a-46) The Board of Insurance and Annuity shall have power to make definite by-laws and regulations for the holding of meetings, the collection and disbursement of money, and the care and preservation of the same, and the proper execution of the pro- visions and purposes of this act. 525. ( 3235a-47) Annuity Not Subject to Attachment. All annuities granted and payable under the provisions of this act shall be and are exempt from seizure or levy upon attachment, execution, or any other process of law, or in equity, whether mesne or final; and such annuities or any payment of the same shall not be subject to sale, assignment, or transfer by any beneficiary, and such transfer shall be absolutely void. 526. ( 3235a-48) Definition of Terms. The term "teachers" as used in this act shall mean and include any superintendent, assist- ant superintendent, principal, assistant principal, person in charge of any special department of instruction, and any teacher or in- structor regularly employed in the public schools or public kinder- gartens of the cities of the second class in the State of Kentucky. 527. ( 3235a-49) Definition of Terms. The term "Board of Education," as used in this act shall mean the bodies now in control and management of the public schools of all cities of the second class in the State of Kentucky, as now created and constituted, or as they may be constituted hereafter, or any boards or bodies of officials who shall have the control and management of the public schools of such cities. CITIES OF THE THIRD CLASS. 213 CHAPTER XXXI. (Section numbers in parenthesis refer to Kentucky Statutes.) PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS. 530. ( 3235a-50) Board of Education Election Qualifica- tion Time of Meeting. There shall be maintained a system of pub- lic schools at which all the children residing in the city between the ages of six and twenty years may be taught at the public expense. Said boards shall be under the control of a board to be styled, "The Board of Education," consisting of two trustees from each ward in the city, to be elected at the general November election in 1893, by the qualified voters of the city at large. The trustees so elected shall hold their offices one-half for two years and one-half for four years, as shall be determined by lot at the first regular meeting after the election. And at the gener'al election, every two years thereafter, there shall be elected by the qualified voters of the city at large one trustee from each ward in the city in which the term of his predecessor in office will then expire. Said trustee shall pos- sess the same qualifications as are required for councilmen. Said Board of Education shall continue, land it is hereby declared, a body- politic and corporate, under the name and style of Board of Educa- tion, with perpetual succession, and by that name may contract and be contracted with, sue and be sued, have and use & corporate seal, the same to renew or alter at pleasure; may purchase, receive, hold, lease, sell and dispose of real and personal estate for public school purposes. The control and management of the public schools of the city, and the property 'and funds thereunto belonging shall be, and is hereby, vested in said board, subject to the provisions of this law. It shall have power to make by-laws and rules, not in conflict here- with, necessary for the discharge of its duties and the government of its proceedings. It shall meet once in each month, or oftener if necessary, and a majority elect of said board shall constitute a quorum for the transaction of business and for the appropriation of money or the execution of a contract, the concurrence of two-thirds of the members elect of said boards shall be indispensable, and the yeas and n'ays shall be entered of record. The meetings of said board shall be held in some public place and a correct record of its proceedings shall be kept in a book provided for that purpose, which shall be a public record. 531. ( 3463) Members Qualification Vacancies. - - Said board of education shall determine the qualification of its members. It shall have the power to fill until the next general election all vacancies in said board occasioned by death, removal or other cause. 214 KENTUCKY SCHOOL LAWS 1916. 532. ( 3464) Funds Vested in Board of Education. All property now used for public school purposes in the city, or which may at any time be owned by the Board of Education, and all the funds or means that are now or may hereafter come under the con- trol of the same, are hereby forever dedicated to the use of public schools of the city, and the title to all property, real and personal, in the city known and used as public school property, is hereby vested in said corporation. 533. ( 3465) Appointment of Officers and Teachers Power to Build and Purchase Site. Said Board of Education shall have power to elect or appoint such officers as may be necessary for its own government, and to require covenant with surety from any or all officers for the faithful discharge of their duties; to make by- laws not in conflict with this charter, the Constitution or laws of this State, for the carrying out of the duties of their office, and for the government of its own officers, schools, teachers, pupils and em- ployees; to determine its own rules of proceedings, and to appoint superintendents, teachers and other officers, and employes, and regu- late and fix their terms, duties and compensation, and suspend or remove them or any of them for cause. Said board may purchase, build or rent any ground, building or buildings, necessary or con- venient for the public school purposes, and may make contract to that end; and any property so leased, purchased or otherwise occu- pied, may be reserved by terms, deed or lease to the public schools of the city, and if so reserved, shall not be liable for any debt or debts of the city not incurred for public school purposes. Said board may also receive and hold, for public school purposes, any gift or devise. 534. ( 3466) The said Board of Education shall have the power, two-thirds of the trustees in office concurring therein, to be evidenced upon the call of the yeas and nays, and recorded upon the journal of its proceedings, to sell and convey such of said school property for the purpose -of reinvesting all the net proceeds of the same in the purchase of other lots, and building thereon other school buildings. And said Board of Education shall have no power to di- vert or apply said fund, or any part of it, to any other purpose what- soever than for the purchase of grounds and the building thereon school buildings for public school purposes, and if it do so, the same shall be malfeasance in office. 535. ( 3467) Text Books Adoption Issue of Certificates. Said Board of Education shall have the power to select text books for use in said school, and prescribe the course of study, and it shall also have power to hold examinations, determine the qualifica- tions of its superintendent, principals, te'achers, and issue certificates to same. It may establish high schools and fix the grade of public schools, and prescribe the rules by which pupils may pass from one CITIES OF THE THIRD CLASS. 215 grade to another, and from the graded school to the high school. It may also establish and maintain kindergartens and manual training schools in connection with the public schools. 536. ( 3468) Reports. Said board shall at the end of each scholastic year prepare and cause to be published a printed state- ment showing the number of pupils in each school, with the general condition and educational progress made therein, the amount, char- acter and condition of all funds and other property belonging to said schools, together with such information as may be proper or neces- sary for the benefit of said schools and the general public. 537. ( 3469) Estimate of Expense Levy and Collection of Taxes. Said board shall, within thirty days prior to the time pre- scribed for the levy to be made in the charter of cities of the third class, approximately ascertain the amount of money necessary to be used to defray the expenses of maintaining the schools, improving or constructing buildings, etc., thereof, and any liquidation of the liabilities during the current fiscal year, and report the same, to*- gether with the estimated amount to be received from the common school fund of the State, interest on bonds, endowments, etc., to the city auditor or clerk, who shall thereupon report the same to the general council, and said general council shall make the necessary levy and collect the tax to provide suitable school buildings, and to defray the general expenses necessary for school purposes: Provided, That the levy for any one year shall not exceed fifty cents on each one hundred dollars of value of taxable property in the city as re- turned by the board of equalization. Said tax shall be paid to the bo'ard or authorized agent of same as fast as collected. 538. ( 3470) Separate Schools for White and Colored Pupils. Said Board of Education shall provide and maintain, out of the funds levied or otherwise provided for the purpose, suitable buildings, teachers, and other employes, sufficient for the education of all chil- dren of the city between six and twenty years of age, and shall pro- vide separate buildings and schools for the education of white and black pupils; and no white child shall be allowed to attend any col- ored school, nor any colored child shall be allowed to attend any white school. 539. ( 3471) Oath of Trustee. The trustees shall, before entering upon the duties of their office, take the oath, or make affirm- ation, as prescribed by law. 540. ( 3472) Trustee Qualification. No member of the Board of Education shall be or become, directly or indirectly, inter- ested in any contract, agreement or trade, touching the building of school houses, repairing of school property, selection of text books or other thing, or use his official position to secure the patronage of the teachers or employes of the schools. No member of the Board of Education shall receive any salary for his services as such. 216 KENTUCKY SCHOOL LAWS 1916. 541. ( 3473) Treasurer Power Duties. Said Board of Edu- cation shall elect its own treasurer and fix bond of same, who shall keep a distinct account of all moneys belonging unto, or which may hereafter be dedicated to, or set apart for, public schools, and shall only pay out or deliver any of said funds, upon the warr'ant of the Board of Education, countersigned by the secretary, and approved by the president of the Board of Education, and shall perform such other duties as may be prescribed by said board. 542. ( 3474) Power Over Funds. Said Board of Education shall have exclusive control of all school funds of the city, from what- ever source the same may be derived, including the pro rata of the city from the common school fund of the State. It shall have the right to receive all fines, forfeitures and taxes that may inure to the ben- efit of the public schools of the city. It shall have power to expend all moneys in the interest of public schools of the city, and the warrants of the Board of Education, countersigned by the Secretary and approved by the President of the Board, shall be honored by the Treasurer to the amount of the school funds in his custody. 543. ( 3475) Indebtedness. All indebtedness, bonded or other- wise, and all liabilities and contracts of the school board, existing at the time this law takes effect, and all taxes, funds, sinking funds, or other resources that have been pledged or set apart for the payment of the principal and interest thereof, shall continue unimpaired and remain of the same force and effect as though the same had been authorized and contracted by the express provision of this law. 544. ( 3476) Funds Paid on Order of Board. No money shall be drawn from the funds, unless the same shall have been appropriated by order of the Board of Education, and no appropriation of money shall be made to be paid out of said school funds, unless the money shall actually be in the treasury to meet the draft. 545. ( 3477) President of Board. Said Board of Education shall elect from its own number a President, for the term of two years, and may prescribe who shall preside in his absence, and make all necessary rules, prescribing the duties of the presiding officer and the government of itself; and said Board shall also elect a Secretary, at a salary to be fixed by the Board, whose duty it shall be to keep a record of the proceedings of all regular and special meetings, counter- sign all warrants and contracts, and whose term of office shall be two years. 546. ( 3478) Library Right to Establish. Said Board of Edu- cation shall have the power and right to establish and maintain a public school library, out of any funds coming into its hands, except that received by taxation, or from the State funds, and also to pur- chase text books for indigent children of the city, and to otherwise expend such moneys in the interest of the public schools. Said Board CITIES OF THE THIRD CLASS. 217 of Education shall have the power and right to make rules and regu- lations governing said school library. 547. ( 3479) Non-Resident Pupils. Said Board shall have power to admit to said school pupils from beyond the limits of the city, and may collect therefrom tuition fees for the benefit of the schools of the city, making deduction of taxes for school purposes on property in said city paid by parents of said children; and no children of persons residing beyond said limits shall be admitted as pupils of any of said schools except on payment of such tuition fees as said Board may require. 548. ( 3480) No section of this chapter shall be so construed as to repeal in any wise any special act or amendment thereto hereto- fore passed for any city of the third class for the establishment, main- taining and carrying on a high school. 218 KENTUCKY SCHOOL LAWS 1916. CHAPTER XXXII. (Following 36 Sections are Acts of 1916.) PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. 549. Public Schools in Cities of the Fourth Class. Each city of the fourth class in this State, together with the territory now within its limits, including any territory which has heretofore been added for school purposes outside the limits of said city, and in territory which may be in the future included by any change in the limits of such cities, shall be and constitute a single school district, and the supervision and government of common schools and common school property therein shall be vested in a board of five trustees to be called and known as the "Board of Education of , Kentucky" (in which title the name of such city shall be inserted). Such Board of Education shall be a body corporate, and shall have power, by and in said name, to sue and be sued, contract and be contracted with, purchase, receive, hold and sell property, do all things necessary to accomplish the purpose for the attainment of which such school district is organized, and succeeded to all the prop- erty, property rights and privileges of whatever kind or nature, granted and belonging to any previous corporation, Board of Education or school district in such city, or officers thereof, authorized or empow- ered by any enactment of the General Assembly of the State to do anything in reference to the public education. Provided, that all pending suits to which any such previous corporation, Board of Education or school district, or officers thereof, is a party, may be prosecuted to an end in the name of such party. The titles to prop- erty previously granted to such city by the United States or this State, for common school purposes, and the title to all school lands and other property of every kind, shall be vested in the Board of Education created by this act. 550. Every such Board of Education shall have general and supervising control, government and management of the public schools, including kindergartens, night and normal schools and high schools as hereinafter provided, and public school property in such city, with the right to use said property to promote public education in such ways as it may deem necessary and proper; shall exercise generally all powers in the administration of the public school system therein, ap- point such officers, agents and employes as it may deem necessary and proper and fix their compensation and term of office; shall have power to fix the time of its meetings to make, amend, and repeal rules and by-laws for its meetings and proceedings, for the govern- CITIES OF THE FOURTH CLASS. 219 ment, regulation and management of the public schools and school property of such city, for the transaction of its business, and for the examination, qualification and employment of teachers, which rules and by-laws, when not inconsistent with the general law of the State, shall be binding on such Board of Education and all parties dealing with it until formally repealed by an affirmative vote of three mem- bers of said board; to provide for special and standing committees; to provide for the appointment of a medical inspector for the school and to take such other steps as may be proper and necessary to secure and maintain the physical welfare of the pupils therein; to certify to the general council or the board of commissioners the amount of money necessary for the maintenance and improvement of the schools as here- inafter provided, and to purchase and hold all property, real and per- sonal, deemed by it necessary for the purposes of public education, or for the investment of the public school funds, to build and construct improvements for such purposes and to hold or sell the same. 551. It shall also have power, when unable to contract with the owner of any real estate necessary to the proper accomplishment of the purpose for which said board is created, to institute condemna- tion proceedings in accordance with the law governing railroad cor- porations operated or incorporated under the existing laws of this Commonwealth, under laws which may hereafter be enacted; and to have in such proceedings the same rights, powers, privileges and restrictions, as are now granted to or conferred upon such railroad corporations. Such Board of Education shall have all the powers of other school districts under the laws of this State, except as herein provided. 552. No person shall be eligible to the office of member of the Board of Education -who has not attained the age of twenty-four (24) years, and who is not a citizen of the United States, and who has not been such citizen for at least three years preceding his election, and a resident of the city for which he is elected, or who holds or discharges any office, deputyship or agency under the city or county of his residence; except that any member of said board, or any existing board, shall be eligible for re-election; no person shall be eligible to this, office who at the time of his election is directly or indirectly interested in the sale to the board of books, stationery or other prop- erty. If, at any time, after the election of any member of said board, he shall become interested in any such contract with or claim against said board, or if he shall, after election, become a candidate for any office or agency or for the nomination thereto, the holding and the discharging of the duties of which would have rendered him ineligible before election, or if he shall move his residence from the city for which he was chosen, or if he shall do or incur anything which would have rendered him ineligible for election, his office shall without fur- ther action be vacant, and it shall be filled as herein directed. Pro- 220 KENTUCKY SCHOOL LAWS 1916. vided, That no member of said board shall vote regarding the appoint- ment or employment in any capacity of any person related to said member as father, mother, brother, sister, husband, wife, son or daugh- ter, nephew or niece. 553. Every member of said board shall, before assuming the duties of his office, qualify by taking the following oath, which shall be kept on record in such board: State of Kentucky, County of , , being duly sworn, says that he is eligible under the law to serve as a member of the Board of Educa- tion, and that he will not, while serving as a member of such board, become interested directly or indirectly in any contract with or claim against said board, and that he will not be influenced during his term of office by any consideration except that of merit or fitness in the appointment of officers or engagement of employes, and that he will support the Constitution of the United States and of this State and faithfully perform the duties of his office. Sworn to and subscribed before me this day of. 554. No compensation shall be paid to the members of the board except as herein provided, but they shall be exempt from jury duty and from service as election officers during their term of office. The members of said Board of Education shall be elected from the city at large for the term of four years, except as specified in sections 555 and 556 of this law, by the legal voters of such city. They shall be elected from the city at large without reference to wards or other territorial subdivisions, and such election shall be held under the provisions of the general laws governing city elections, so far as they are not inconsistent with the provisions of this act. 555. All elections for members of the Board of Education shall be by secret ballot. Said ballot shall be on a separate sheet from all other ballots to be used in any election. It shall be the duty of the County Clerk of any county, in which a city of the fourth class is situated, to cause to be printed on said ballot the names of all candi- dates for membership on said Board of Education, in whose behalf he shall be petitioned so to do in writing, by not less than fifty legal voters of such city. The petitions must be filed in the office of the County Clerk not more than sixty and not less than fifteen days before the day of election, and each petition must be signed by the requisite number of qualified persons and shall show the place of residence of each person signing it, and no person shall sign more petitions than the number of offices to be filled. CaU ballot shall be in the form prescribed for ballots by the gen- eral election law of the State, except that no party emblem or other CITIES OF THE FOURTH CLASS. 221 emblem of distinguishing mark shall be placed upon said ballot, save the words "School Ticket" at the head thereof; and that the names of all candidates for membership in the Board of Education shall be printed on said ballot in a single column. The names shall be printed on the first fifty ballots as arranged in alphabetical list. On each of the succeeding fifty ballots the names shall be printed in the same order, save that the last named on the preceding fifty ballots shall be shifted to the first place; and so on thereafter throughout, a like change being made in the printed order of names for every fifty bal- lots, and such ballots shall be so bound that in the book of ballots for each voting precinct each candidate's name will appear first on approx- imately the same number of ballots as that of every other candidate. As many additional lines shall be left blank as there are members to be elected. The provisions of the general election law of the State of Ken- tucky as to the duties of County Clerks and other public officers in the matter of printing and distributing ballots, of issuing them to voters, of receiving and depositing them in the ballot boxes and of counting and preserving them, and in other particulars except as otherwise provided herein, shall be applicable in all respects to the election of members of the Board of Education. Provided, That it shall be the duty of the sheriff of each county in which a city of the fourth class is situated, to provide for each precinc.t in said city a separate box for the reception of the ballots used in the election of members of the Board of Education. And provided, further, That it shall be the duty of the judge of the opposite political faith to the clerk of election in each precinct to issue the school ballots in the same manner as other ballots are issued by the clerk of election, by writing the name and residence of the voter upon the primary stub, and his registered number upon the secondary stub of the school ballot, and by observing, as to these ballots, such other regulations for the issue and deposit of ballots as may be prescribed for elections generally. It shall be unlawful for an election officer or other person within the election booth to tell or indicate by word of mouth or otherwise to a voter what may be the political affiliations of any candidate, and a violation of this provision shall be a misdemeanor punishable by fine not exceeding two hundred dollars. And provided, further, that upon the filing with the County Judge of the county wherein a city of the fourth class is situated of a petition signed by a number of legal voters equal to twenty per cent, or more of the total number of votes cast in said city at the last preceding election at which presidential electors were voted for re- questing that the election of members of the Board of Education in said city be held en a day other than the day for holding the general election therein, said County Judge shall make an order designating some day for the election of members of the Board of Education in 222 KENTUCKY SCHOOL LAWS 1916. said city, which day shall be not less than fifty nor more than eighty days after the date whereon said order shall have been entered. Whenever such order shall have been entered by said court, the day so designated by him shall thereafter continue, unless changed by order of court as herein provided, to be the day for the holding of elections for members of the Board of Education, and all the provisions of this act and the general law regulating elections in this Commonwealth, when not otherwise inconsistent, shall apply to and govern said elec- tions, except that it shall be the duty of the clerk of said election to issue said ballots in said separate elections in the same manner as other ballots are issued by him in general elections. The order of the County Judge fixing the day whereon said separate election shall be held shall be entered within fifteen days after the filing of said petitions. The expense of holding said separate election, if or- deredT as aforesaid, shall be paid for by the city out of its general funds. 556. Each voter may vote for as many of said candidates as there are members to be elected, by making a cross in the square opposite the name of each candidate for whom he wishes to vote. The candidates, equal in number to the number of members to be chosen, who have the highest number of votes, shall be declared elected. 557. At the election occurring in the month of November, 1917, five members of the Board of Education shall be elected as herein provided. Alter having qualified by taking the oath prescribed by law, they shall resume office on the first Monday in January, 1918, and shall meet at the office of the Board of Education in said city on said day, and shall proceed to organize by electing one of their number president and another vice president. Within one week after the or- ganization of said board it shall meet to divide its members by lot in such manner as they shall determine, into two classes, as follows: The first class consisting of two members, shall hold office through the 31st of December, 1919; the second class, consisting of three mem- bers, shall hold office through the 31st day of December, 1921. At the election every two years thereafter an election shall be held to fill the terms of the members of the Board of Education whose terms will expire on December 31st following, and the members so chosen shall hold office for four years, or until their successors are elected and qualified. At its first regular meeting after the 1st of January in each year following said regular elections, said Board of Education shall organize by electing one of its members president and another vice president. The board shall hold meetings regularly at least once a month, and shall keep a correct record of its proceedings in a book provided for that purpose, which shall be a public record open to in- spection of any officer or citizen of the city. 558. Any member failing to attend the meeting of the board for three consecutive regular meetings, unless excused by the board for CITIES OF THE FOURTH CLASS. 223 reasons satisfactory to the board, shall be deemed to have vacated his seat. 559. Any vacancy in said board, from whatever cause occurring, shall be filled by the other members of the board as soon as practicable after such vacancy occurs. The member so chosen shall hold office for the remaining part of the term of his predecessor, and until his successor is elected and qualified, subject to the provisions of section 152 of the Constitution of Kentucky. 560. When members of the Board of Education shall have been elected, shall have qualified, and shall have organized as hereinbefore provided, thereupon it shall become the duty of any then existing cor- porations, or Board of Education, or officers of the school district of such city to surrender their offices, and to deliver to said Board of Education, or to its officers, agents or employes, all the public school property, both real and personal, of every kind whatsoever) and the control and management of the public school affairs of such city. Provided, That until such Board of Education shall be organized, the administration of the public schools and the management of school property in such city shall remain in the control of any such existing corporations, Board of Education or officers of the school district, in the same manner and with the same power as existed prior to the passage of this act; and the Board of Education elected under this act shall continue, subject to removal for cause, the employment and service of any existing officers, teachers, agents, or other employes, in their several capacities in connection with the administration of school affairs, until the close of the term for which they have been elected; and the said Board of Education may thereafter retain without exam- ination, or remove any agents, teachers, janitors, engineers, or other employes then rendering service in connection with the public schools of said city for cause to be stated in writing. All rules and by-laws made by any existing corporation, Board of Education or officers of the school district, at such time vested in such city with the management of the public schools, shall continue in force, so far as consistent with this act, until repealed or altered by such Board of Education. 561. It shall be the duty of said Board of Education, within sixty days after its organization, to adopt rules and by-laws for its meetings and proceedings, and for the government, regulation and management of the schools and school property, and for the examina- tion, qualification and employment of teachers. And such rules or by-laws may be changed, altered or set aside, only upon an affirmative vote of four (4) members of the board. 562. The Board of Education shall appoint a Superintendent of schools, whose term of office shall begin on July 1st following his appointment, and who shall serve for a term of one year, but whenever a Superintendent shall have served one year after the appointment 224 KENTUCKY SCHOOL LAWS 1916. which is to be made under this law, and shall be reappointed to suc- ceed himself, his reappointment shall te for a term of either two years or fcur years, as shall be determined by the Board of Education. He may be removed by three members of the board for cause, and the vacancy thus created shall be filled by the board only until the 1st day of July following, when the temporary incumbent or some other person shall be appointed for a first term of one year, as hereinbefore pro- vided. The Board of Education may, on the nomination of the Super- intendent of Schools, appoint as many assistant superintendents as it may deem necessary, whose compensation shall be fixed by the board and who may be removed for cause by the Superintendent with the approval of three members of the board. The Superintendent of Schools shall qualify by taking the oath prescribed by law, and shall have general supervision, subject to the control of the board, of the course of instruction, discipline and con- duct of the schools, text books and studies; and all appointments, pro- motions, dismissals and transfers of teachers and truant officers, and introduction, and changes of text books and apparatus shall be made only upon the recommendation of the Superintendent, and the approval of the board. The Superintendent shall have power to suspend any teacher, pupil or truant officer for cause deemed by him sufficient, and the Board of Education shall take such action upon the restora- tion or removal of such person as it may deem proper. All appoint- ments and promotions of teachers shall be made upon the basis of merit, to be ascertained, as far as practicable, in cases of appointment by examination, and in cases of promotion by length and characte/ of service. The Board of Education shall appoint three examiners, whose duties it shall be to examine and certificate all teachers employed by said board. Said examiners may recognize State diplomas, State certificates, or State University and Normal School certificates, which are valid under the general school laws. The Superintendent of Schools shall devote himself exclusively to the duties of his office, and shall have power to appoint clerks, whose number and salary shall be fixed by the board, and shall have power to remove the same; shall exercise general supervision over the schools of the city, examine their conditions and progress, and shall keep himself in- formed of the progress of education in other cities. He shall advise himself of the need of extension of the school system of the city, shall make report from time to time, as may be fixed by the rules or directed by the board, and shall be responsible to the board for the conditions of the instruction and discipline of the school. The term "teacher," as used herein, shall include supervisors, supervising principals and principals. 563. The Board of Education may appoint a secretary, who may or may not be a member of the board, and fix his salary at a sum not exceeding one hundred dollars ($100.00) per year. He shall keep the CITIES OF THE FOURTH CLASS. 225 records of the Board of Education, and perform such other duties as may be imposed upon him by said board. The orders of the board shall be valid when countersigned by the president and secretary of said board. Said secretary shall have charge of the collections and pay- ments of the funds of the school to the bank or trust company selected as the treasurer of the board, and the disbursements of all revenues any moneys belonging to the board. All checks issued by said board shall be given in the name of the Board of Education and signed by the President and Secretary. The board shall require the Secretary to give bond for the faithful performance of his duties. He shall de- posit the funds of the board daily in the designated depository, and shall furnish at the beginning of each month a statement of the re- ceipts and disbursements of the preceding month; at the end of the fiscal year he shall make to the board a full and comprehensive report of its financial affairs for the preceding year. He shall be the cus- todian of all securities, documents, title papers, books of record and other papers belonging to the board, under such conditions as the board may direct. 563a. The Board of Education shall, in the month of June of each year, advertise for bids from the banks and trust companies in the county in which such city is located, to act as treasurer and receive the current deposits of such board, to be secured by bond with surety to be approved by the board in an amount to be fixed by the board. Said bids shall specify the rate of interest to be allowed to said board on such deposits, the terms on which such deposits will be received, and the nature of the security offered; and said deposits shall be annually awarded to the bank or trust company that offers with the required security the highest rate of interest and the best terms therefor; the board shall cause contracts for the ensuing year to be made with such bank or trust company so receiving the award of such deposits. All moneys due the board from any source what- ever shall be paid to the secretary, who shall thereupon cause all funds received to be paid into said designated depository. The fiscal year of the board shall end on the 30th day of June of each year, and the annual contract shall be made in the month of June of each year for the deposits of the succeeding fiscal year. 564. The funds of the board deposited in the bank -or trust com- pany shall be withdrawn only on the order of the board, evidenced by its check, countersigned by the President and Secretary. 565. It shall be the duty of such Board of Education at the beginning of each fiscal year, to apportion the revenue available for that year to the different departments, for expenditures in support of the schools for that year, and no report or resolution shall be adopted by the board calling for the expenditure of money unless it states specifically the fund from which the appropriation is to be made, and S. L 8 226 KENTUCKY SCHOOL LAWS 1916. is accompanied by the certificate of the secretary that there is a bal- ance in such fund available for such expenditure. 566. The Board of Education shall have the power to borrow money on the credit of the board in anticipation of the revenue from school taxes for the fiscal half year in which the same is borrowed, and pledge said school taxes for the payment of the principal and interest of said loan: Provided, That the interest paid shall in no case exceed six per centum per annum and the principal shall in no case exceed fifty per cent, of the anticipated revenue for the fiscal half year in which the same is borrowed. Said Board of Education shall also have authority to employ an architect when necessary, and to fix his compensation. The Board of Education shall also have power to appoint such other engineers, jani- tors and other employes and agents as may be necessary for the prop- er conduct of the schools. 567. The contract for the erection of school buildings, and addi- tions thereto, shall be made by said Board of Education after public letting to the lowest Tind best responsible bidder complying with the terms of the letting, but it may reject all bids. The necessary specifica- tions and drawings shall be prepared for all such work, and bids therefor shall be solicited by such advertisement as the Board of Education may provide. All work of repairs, alterations and con- s'ruction other than such original erections and additions, shall be ordered by the Board of Education. Bids may be solicited for said work when desired. The board shall also have the right to purchase all supplies, and may ask for bids when the amount of the purchase- exceeds fifty dollars. 568. Said Board of Education shall, within thirty days prior to- the time prescribed for the levy to be made in the charter of cities of the fourth class, approximately ascertain the amount of money necessary to be used to defray the expenses of maintaining the schools, and conducting the business entrusted to the board during the current fiscal year, and report the same to the general council or board of commissioners with the request that a tax for schools sufficient to realize for said board the amount aforesaid shall be levied on each one hundred dollars' (?100.00) worth of property assessed for taxation for city purposes, and that said tax shall be included in the annual levy for said year. The said general council or board of commissioners shall make the necessary levy and collect a tax sufficient to realize the amount so certified and requested by the Board of Education to defray the general expenses of maintaining the public school. Provided, That the tax levy for any one year shall not exceed fifty cents on each- one hundred dollars' ($100.00) worth of taxable property in the city as returned by the board of equalization. If, in any year, the amount so- certified and requested, shall necessitate a tax rate, as based upon the total assessment of taxable property for said year, greater than fifty CITIES OF THE F'OURTH CLASS. 227 cents for maintenance purposes, the general council or board of com- missioners may fix the levy for schools at fifty cents and disregard the excess; Provided, however, that the limitation hereinbefore pre- scribed of the tax that may be levied for school purposes shall not apply where a bonded indebtedness has been incurred for the construc- tion, improvement or acquisition of school buildings or property; and when such an indebtedness has been incurred, there may be levied in addition to the tax hereinbefore authorized an annual ad valorem tax sufficient to pay the interest on such indebtedness, and also to constitute a sinking fund for the payment of the principal thereof; the provisions hereof shall apply to any bonded indebtedness whether heretofore or hereafter created. If, in any year, the board shall fail to make the certificate and request as aforesaid, the general council or board of commissioners shall make a levy for schools that shall be the same as it was the year before. Said tax shall be paid to the board or authorized agent of same by the treasurer of the city in regular monthly installments, the first payment to be made within one month after, the collecion of said amount shall have been commenced, and the other payments to be made monthly thereafter as collected. 569. Whenever the Board of Education shall deem it neces- sary for the proper accommodation of the schools of such city to pur- chase a site or sites, to erect school houses for the high schools, or for the other schools, or for any or all these purposes, and the annual funds raised from other sources are not sufficient to accomplish said purpose or purposes and a bond issue is necessary, said board is hereby authorized and empowered to order an election and submit to the voters of their city the question whether or not, the Board of Education thereof, shall issue bonds in any amount not exceeding ($100,000.00) one hundred thousand dollars, subject to the limitation provided by section (157) one hundred and fifty-seven and (158) one hundred and fifty-eight of the present Constitution of this State, for the purpose of providing suitable grounds, school "buildings, furniture and apparatus; Provided, that due notice of said election shall be made by written or printed posters not less than one foot square, signed by the presi- dent and secretary of said board, stating the time, place and hours of said election, posted at no less than six public conspicuous places in the city at least ten days previous to the day of election, and by one insertion thereof in a local newspaper, if any published in said city. The board shall appoint two judges, a sheriff, and a clerk to hold said election in each precinct in the city, who shall be duly sworn before acting, and shall be qualified electors and residents of the city for which they are appointed. On the day set apart for the election, the officers so appointed shall open a poll in each precinct of said city and shall ask of each voter duly qualified: "Are you in favor of the issuing of bonds to the amount of $ , for the purpose 228 KENTUCKY SCHOOL LAWS 191(5. of providing suitable grounds, school buildings, furniture and appara- tus for said city?" and the clerk shall record the answer "yes" or "no." If two-thirds of the voters voting at said election vote in favor of the issue of the bonds, they shall, when so issued, be placed under the control of the Board of Education, who shall determine when and at what price and how they shall be sold; Provided, that no such bonds shall be sold for less than par; nor shall they bear greater interest than six per cent, per annum. As the bonds are sold their proceeds shall be placed to the credit of the board in the same depository which is se- lected for its other funds, but shall be kept in a separate account and shall be used only for the purpose for which these bonds were issued. The bonds so issued shall be designated "School Improvement Bonds," and the order shall provide the date and maturity of such bonds, the rate of interest they shall bear, and the total amount to be issued ; and the order shall also contain the necessary details in reference to the execution and delivery of said bonds, their denominations, the coupons to be annexed, the tax to be levied to pay the interest, and a sinking fund to retire such bonds at maturity. It shall be the duty of the general council or the board of commis- sioners, in addition to the levy made for the maintenance of the schools as hereinbefore provided, to levy annually in its city tax levy a rate that will raise a sum that will be sufficient to pay the interest and create a sinking fund for the payment of the bonds at maturity. The said bonds, principal and interest, shall be a charge upon the sinking fund of said city, and it shall be entitled to have the annual tax that shall be levied as aforesaid. Whenever the boundary of the school district does not coincide with the boundary of the city, and it is necessary to take a vote on a bond issue, it shall be the duty of the County Judge of the county in which such city is located to call an election for such bond issue on the day set apart for said election in the city. In this event it shall be the duty of the County Judge to perform all the duties imposed upon the Board of Education as set out in this section. It shall also be the duty of the fiscal court of the county in which such school district is located to make the necessary levy on the property in such district outside of the boundary of the city, in order to liquidate the bonded indebtedness. The same rate of taxation for the purpose of liquidating said bonded indebtedness shall apply in the city and in the territory in such school district beyond the city. 570. For the maintenance of the schools there shall be appro- priated the sum or sums which may be received from year to year as the school fund of this Commonwealth. 571. So much property in the school district as from any cause shall escheat to the Commonwealth of Kentucky, shall vest in the board for the use and benefit of the public schools and said district. Said board may, in the name of the Commonwealth, for the use and CITIES OP THE FOURTH CLASS. 229 benefit of the said schools by its president or other officer to be des- ignated by it, enter upon and take possession of said property, or sue for and recover the same by action at law or in equity, and without office found. The Board may sell and convey any of such property by warranty deed or otherwise. The board shall also have authority to accept for the use and benefit of the schools any gift or devise which may be made to said schools. 572. All officers OL any city of the fourth class, and of the State, concerned with the assessment and collection of taxes, fines and penalties, shall perform such duties in relation to the levying and collection cf school taxes and the collection of such fines and penalties, and the payment thereof to said board for school purposes, as are now imposed by the existing laws upon such officers in rela- tion to the levy and collection of school taxes and the collection of fines 'and penalties payable to the schools funds; and nothing in this act, unless inconsistent therewith, shall be construed as repealing any existing law providing for the assessment and collection of school taxes in such city; and all powers and duties conferred by existing laws upon any board in relation thereto shall be continued in the board created by this act. 573. The Board of Education shall have power to establish and maintain kindergartens for children from four to six years of age, high schools, night schools for all residents of the city, and normal training classes for the purpose of training teachers to fill positions in the schools of the city, and to this end it may prescribe rules and regulations for the government of such schools and em- ploy the principals and other teachers necessary for their efficient management. 574. The Board of Education shall provide, maintain and support separate schools, or provide for the education of all colored children who are bona fide residents of said school district and en- titled to free tuition in the common schools. Said colored schools or children shall be entitled to the same benefits, be governed by the same rules and regulations, and be subject to the same restric- tions as the schools herein provided for white children. 575. The board shall have the power to admit to any school pupils from beyond the limits of the school district and shall collect for these pupils tuition fees f.or the benefit of the school fund of the school district. Children or persons residing outside of the limits of the school district shall not be admitted as pupils into any of the public schools, except upon payment of such tuition as the board may require as aforesaid. 576. A city of the fourth class being deemed one district for taxation purposes, and entitled to its proportion of the public school fund of the Commonwealth, the Board of Education of such city shall make detailed reports annually, and special reports as required, to 230 KENTUCKY SCHOOL LAWS 1916. the State Superintendent of Public Instruction. The board shall also cause a census of the children of school age to be taken during the month of April and the returns made according to the general school law. 577. The Board of Education shall, at the end of each scholastic year, prepare and publish for the information of the public, a report which shall include the annual reports made to the board by the superintendent, and secretary, together with such other in- formation as may be proper and necessary to an understanding of the general condition and educational progress of the schools during the preceding year. 578. Any member, officer or employe of such board who shall willfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the jury. 579. All testimony taken upon any investigation made by the board, or in any proceedings before the board for the removal of any officer or employe of the board, or in any investigation made by any committee of the board, shall be under oath, which oath may be administered by the secretary or any officer authorized to ad- minister oaths. 580. Said board, or any duly constituted committee thereof, shall have the power in any investigation or proceedings before it concerning a matter which may be a proper subject of inquiry by it, to summon witnesses by subpoena and to enforce the compulsory attendance of said witnesses. Should any person so summoned re- fuse to attend or to produce a paper to be used as evidence In said investigation, or proceeding, or, being present, refuse to testify con- cerning amy matter which may be a proper subject of inquiry, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than ten and not more than fifty dollars. 581. All cities of the fourth class in the Commonwealth of Kentucky shall be subject to the provisions of this law, except where any city maintains a system of schools under any special charter or special act of the General Assembly, and levies a tax greater than that provided in this law, shall be exempt and may continue to oper- ate its schools under such special charter or general act. 582. Whenever it becomes desirable for a city of the fourth class to extend the boundary for school purposes beyond the city limits, the qualified voters in such territory shall prepare a petition in duplicate setting forth the names of all parties to be changed, and defining the proposed change in the boundary of the said school district. Said petition shall be signed by a majority of the voters in CITIES OF THE FOURTH CLASS. 231 said territory, and a copy shall be filed with the Board of Education of such city, and also with the County Board of Education of the county in which such city is located. Upon the approval of said petition by the Board of Education of such city and by the County Board of Education of such county, each board shall make an order on its record book providing for the change, and the change shall become effective at once. If at any time the boundary of a school district extends beyond the boundary of said city, the Board of Education shall file a copy of the estimate of the amount of money necessary to conduct the schools with the fiscal court of the county in which said city is located, and shall estimate the amount of money which may be re- ceived from the city and from the territory beyond the limits of said city which is included in the school district, and the fiscal court of said county shall m'ake a levy to cover its proportional part of said taxes on the property in said school district which is located out- side of the city limits. The rate of taxation by the General Council or Board of Commissioners and by the fiscal court in such school district shall be the same in all cases. 583. The general school laws of this State and all laws and parts of laws applicable to the general system of public schools in a city of the fourth class not inconsistent herewith, shall be in full force and effect in such city. 584. This act shall be in full force and effect from and after its passage land approval by the Governor, as provided by law, and shall be in full force and effect in any city of the fourth class upon its acceptance and approval by a majority of the qualified voters of such city, as expressed at a special election which shall be called and held in the same manner as is provided by Section twenty-two of this act. The question propounded to each qualified voter at said election shall be as follows: "Are you in favor of adopting commis- sion form of government for the schools of , Kentucky?" And the clerk shall record the answer, "Yes" or "No." 232 KENTUCKY SCHOOL LAWS 1916. CHAPTER XXXIII. (Section numbers in parenthesis refer to Kentucky Statutes.) COMPULSORY ATTENDANCE AND TRUANCY LAW IN CITIES OF THE FIRST, SECOND, THIRD AND FOURTH CLASSES. 585. ( 2978c) (1) Children Between the Ages of 7 and 16 to be Enrolled in School Exceptions. That every parent, guard- ian or other person in any city of the first, second, third or fourth class, having the custody, control or supervision of any child, or chil- dren, between the ages of seven and sixteen years inclusive, shall cause such child to be enrolled in and to attend some public or pri- vate day or parochial school regularly each school year for a full term or period of said school, provided that such private or paro- chial school term shall not be for, a shorter period during each year than the term of the public schools in the city of the child's resi- dence. Provided further, that this act shall not apply in any case where the child has been, or is being taught at home in such branches as are taught in the public schools for a like period of time and sub- ject to the same examinations as other pupils of the city in which the child resides; and for the purpose of ascertaining whether or not any child is embraced within this exemption the court may order such child to submit to an examination to be given by the City Superintendent of Schools. Provided, further, that this section shall not apply to any child who is excused by the Board of Education or school bo'ard of the city in which the parent, guardian or person hav- ing the custody, control or supervision of such child or children re- side, upon it being shown to the satisfaction of the superintendent or chief executive officer of schools upon certificate of the health offi- cer, which certificate shall be filed in the office of the Superintendent of Schools, that such child is not in proper physical or mental con- dition to attend school. Provided, further, that the provisions of this act shall not apply to any child between fourteen and sixteen years of age for whom an employment certificate m'ay have been issued in accordance with the provisions of the child labor law. 586. ( 2978c) (2) Penalty for Failure to Comply With Act. Any parent, guardian or other person having the custody, control or supervision of any child embraced within the provisions of this act, who shall fail to comply with the provisions of this act, shall be deemed guilty of misdeme'anor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five ($25) dollars for the first offense, and for any subsequent offense, upon conviction thereof, shall be fined in any sum not exceeding one hundred ($100) dollars, or by imprisonment in the county jail for any period not exceeding fifty days, or both so fined and imprisoned, in the discretion of the court. COMPULSORY ATTENDANCE AND TRUANCY LAW. 233 587. ( 2978c) (3) Evasion by False Statement Penalty Defense. Any parent, guardian, or other person having the custody, control or supervision of any child, embraced within this act, who with the intent to evade the provisions of this act, shall make a false statement concerning the age of such child or the time such child has attended school, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred ($100) dollars, or by imprisonment in the county jail for a period not exceeding fifty days, or both so fined and imprisoned In the discretion of the court. Any parent, guardian, or other person having the custody, control or supervision of any child embraced within this act, who shall be proceeded against under this act, may prove in defense that he is unable to compel the child under his con- trol to attend school, and he may be thereupon discharged from li- ability, and such child shall be proceeded against as a delinquent child under the statutes in such cases made and provided. 588. ( 2978c) (4) Record of Age. A passport, a duly at- tested transcript of the certificate of birth or baptism, a certified copy under oath of a record in the family Bible, or other religious record, showing the date and place of birth of such child shall be produced as proof of age. In case such certificate or record as hereinabove provided can not be secured, upon proof of such fact, the record of the age stated in the first school enrollment to be found shall be con- sidered as evidence thereof. If there be no school enrollment show- ing such fact, other evidence as to the age of said child may be con- sidered. 589. ( 2978c) (5) Fines and Penalties to be Used to Pay Officers. Any fines or penalties provided for in this act shall be for the use of the public schools of the city in which such child resides. Any such fine or penalty may be recovered by rule or in any w'ay in which a court of equity may enforce its orders or decrees. 590. ( 2978c) (6) Appointment of Truant Officers Qualifi- cations Examination of Truant Officers Compensation Chief Truant Officer May be Appointed. In the first week of July in each year the Board of Education in each city of the first, second, third and fourth classes shall appoint at least one person for each ten thousand (10,000) children, enrolled in the school census, to serve as truant officers, whose term of office shall be during the pleasure of the board appointing him, who may be removed at any time by said board for cause, and whose duties shall be limited to the city where the appointment is made. If in any such city there shall be less than ten thousand (10,000) children enrolled in the school census, there shall be appointed, as above, one truant officer. Said truant officers shall be residents of the city In which they are appointed, and of good moral character. They must be able to read and write with ease. In cities of the first class such truant offi- 234 KENTUCKY SCHOOL LAWS 1916. cer3 shall not engage in any other occupation during such period of time as the schools are in session each year. Before they shall be eligible for appointment, all applicants for the position of truant officer shall be examined by the Superintend- ent of Schools, who shall certify to the Board of Education only such persons qualified as herein provided. Such truant officer shall receive from the tax levy for school pur- poses of such cities not less than one ($1.00) dollar nor more than three (?3.00) dollars per day during such period of time as he may be employed by the school board. In cities of the first class the Board of Education may appoint a chief truant officer in addition to the truant officer or officers herein provided for, or may designate one of the truant officers as provided for, as chief truant officer. Such chief truant officer shall be called the Director of Attendance, and his salary shall be fixed by the Bo'ard of Education. It shall be the duty of the Director of Attendance, under the general direction of the Superintendent of City Schools, to supervise, control and direct the work of all truant officers appointed in such city, to supervise, control and direct the taking of the school census when directed by the Board of Education, and to cause to be made and fully kept, reports from all truant offi- cers, principals and teachers of the workings of this act, and he shall be directly charged with the duty of seeing that the provisions of this act are complied with. In cities of the second class, the Board of Education may ap- point a chief truant officer in addition to the truant officer or officers herein provided for, or may designate one of the truant officers as provided for, as chief truant officer, and shall be authorized to pay such chief truant officer a salary of not exceeding twelve hundred ($1,200) dollars per year to be fixed by said board. It shall be the duty of the chief truant officer, under the gener'al direction of the Superintendent of City Schools, to supervise, control and direct the work of all truant officers appointed in such city. Such chief truant officer shall cause to be made and fully kept, reports from all truant officers, principals and teachers, of the workings of this act, and shall be directly charged with the duty of seeing that the provisions of this act are complied with. 591. ( 2978c) (7) Duties of Truant Officers. Truant offi- cers shall examine into any case of truancy within the city or dis- trict, and when, from personal knowledge, or by report or complaint from any resident or teacher of the city or district it appears that any child, subject to the provisions of this act, is absent from school without lawful excuse, and in violation of the provisions of this act, or is persistently truant from school, the truant officer shall im- mediately give written notice to the parents, guardian or person hav- ing the custody, control or supervision of such child that the attend- COMPULSORY ATTENDANCE AND TRUANCY LAW. 235 ance of such child is required, and if such parent, 'guardian or per- son having the custody, control or supervision of such child does not comply immediately with the provisions of this act, then such truant officer shall proceed against such child as a delinquent child, and against such parents, guardian or person having the custody, control or supervision of such child for violation of this act and for contributing to such condition of delinquency in such child. It shall be the duty of all truant officers to report all violations of the child labor law of wihch they have any knowledge. In cities having a chief truant officer such report shall be made by such chief truant officer and in cities having no chief truant officer such report shall be made by truant officers to the Superintendent of City Schools. All such violations aforesaid shall be promptly reported by the Superintendent of Schools or chief truant officer, 'as the case may be, to the Labor Inspector. 592. ( 2978c) (8) Jurisdiction. The County Court of the respective counties of the Commonwealth shall have exclusive juris- diction of all cases coming within the terms and provisions of this act. 593. ( 2978c) (9) School Officers to Report Truant Offi- cers Under Supervision of City Superintendent. All school officers and teachers are hereby required to make and furnish upon demand, any report that may be required by the Superintendent of Public In- struction, or by the Superintendent of Public Schools of cities of the first, second, third and fourth classes, with reference to the work- ings of this act, and all truant officers appointed under this act shall keep a full record of the work done by them, in books to be fur- nished them for that purpose by the State Superintendent of Public Instruction. The Superintendent of Public Instruction shall make and publish an annual report of the workings of this act. Such truant officers shall be under the direct supervision and control of the City Superintendent of Schools and shall report to teachers, prin- cipals or other persons as directed by him and each City Superin- tendent of Schools shall compile and publish an annual report of the work of the truant officer or officers under this act. 594. ( 2978c) (10) List of Children of School Age to be Furnished Each Principal. During the month of August in each year the Superintendent of Public Schools of cities of the first, second, third and fourth classes shall furnish or cause to be furnished by the truant officer or officers of said city to the principal of each school in their respective cities a list of all children between the ages of seven and sixteen years entitled to attend said school, in such form as may be adopted by such superintendent. Said list shall be arranged in such form as such superintendent may prescribe, shall contain the name and age of each child, the name and address of such child's parents, guardian or person having the custody, control 236 KENTUCKY SCHOOL LAWS 1916. or supervision, and such other facts as may be required by the Super- tendent of Public Instruction, or Superintendent of Schools of the city of the first, second, third and fourth classes. 595. ( 2978c) (11) Names of Absentees to be Reported to Truant Officers Duty of Truant Officers to Report Names of Chil- dren Not Attending. The principal of each school in cities of the first, second, third and fourth classes shall report each day, if pos- sible, or at such times as he may be directed by the Superintendent of Schools during such period of time as the schools are in session each year in the respective cities, to the Superintendent of Public Schools in the city in which such school is situated, or to a truant officer, if so directed by the superintendent, the name and address of each child who has been absent from school without lawful ex- cuse, or who is persistently truant from school, together with the name of such child's parent or parents, guardian or persons having the custody, control or supervision of such child, and it shall be the duty of the truant officer to whom such report is made, immediately upon the receipt of same to make or cause to be made an examina- tion into the cases of absence or truancy contained in such reports and to take any and all needed steps as provided herein under the statutes of this State, to compel such child to attend school, and in cities where a chief truant officer has been designated or appointed such officer shall file a written report once each month with the City Superintendent of Schools of all the work done by such chief truant officer and his assistants and in cities where no chief truant officer is designated each truant officer appointed shall file with the City Superintendent of Schools each month a written report of his work done in the discharge of his duties as set out herein. 596. ( 2978c) (11) Parental or Truant Schools. The Board of Trustees, Board of Education, School Board or Board of Commis- sioners, as the case may be, of any city of the first or second class, are hereby authorized and empowered to equip, maintain and con- duct one or more parental or truant schools for the purpose of af- fording a place where children of compulsory school age, and com- ing within the provisions of this act, and of the statutes of this State, concerning neglected, dependent and delinquent children, may be detained for the purpose of discipline and instruction hereinafter provided. 597. ( 2978c) (lla) Location of Schools. Such school or schools may be located either within or without the corporate limits of the city; provided, however, that such school or schools shall not be locate! outside of the county in which such city is located; and provided, further, that no such school shall be located at or near any penal institution. 598. ( 2978c( (lib) Religious Instruction and Attendance Upon Religious Service, No religious instruction shall be given In COMPULSORY ATTENDANCE AND TRUANCY LAW. 237 such school or schools except as is allowed by law to be given in public schools, but the Board of Trustees, Board of Education, School Board or School Commissioners, as the case may be, shall make suit- able regulations so that inmates shall receive religious training in accordance with the belief of such children's parents or guardian, either by allowing such religious services to be held in such institu- tion or by arranging for the attendance of public service elsewhere. 599. ( 2978c) (lie) Child Committed to School May be Re- turned Home on Probation. Any child committed to such school, or schools, upon an order duly entered by the County Court, may be allowed to return home upon probation and to remain while upon probation, subject to the friendly visitation and supervision of a probation officer of said County Court, and subject at any time to be returned to such school if said child, in the opinion of the County Court, shall violate the terms and conditions of its probation. No child shall be released upon probation in less than four weeks from the time of his or her commitment, nor thereafter, unless the court shall be satisfied the said child, who is probationed, will attend regularly some public or private school as herein provided. If any child so released upon probation shall be regular in his or her at- tendance in school, and his or her conduct as a pupil shall be satis- factory for a period of one year from the date upon which he or she was released upon probation, he or she shall be finally dis- charged from such parental or truant school, and shall not be re- committed thereto, except in a subsequent proceeding undertaken according to the provisions of this act, and to the statutes of this State, concerning neglected, dependent and delinquent children. 600. ( 2978c) (lid) Penalty For Violation of Conditions of Probation. Any child released from said school or schools upon pro- bation as herein provided, who shall violate the conditions of his or her probation any time within one year thereafter, shall, upon the order of the County Court, be returned to such parental or truant school, and shall not again be released upon probation within a period of three months from the date of such re-entering; and if such child shall violate the conditions of a second release upon probation he or she shall be recommitted to such school and shall not be released therefrom on probation until he or she shall have remained in such school one year. 601. ( 2978c) (lie) Rules and Regulations. The Board of Trustees, Board of Education, School Board, or School Commission- ers, as the case may be, of cities of the first or second class, may establish any rules or regulations concerning such schools not In- consistent with this act or the Constitution or laws of this State. INDEX Page Section Acts Special 65, 102 144 Accounts of Graded Schools Settlement of 77 170 Adoption Text book law. See "School Text Book Law" 149-157 369-398 Agriculture and Mechanical College Fund for 1,6 Appeals Circuit Court, to and from 27 67(3) County Supt, from 26 66(1) Pupil Suspension of 88 190(2) School House Location of 49 113(4) Superintendent of Public Instruction to 26 66(1) From 14 38 Auditor Data for apportionment of school fund 7-8 14 Account of and relation to 7 12 Distribution of 8 15 Certify railroad and bridge tax 29 72(2) Assessment of property 58-59, 77 133, 135, 166 Association County teachers' 92 200 Assistant Teacher When employed 4 4 Attendance Compulsory law, penalty 100-101 213-218 Daily under 25% enrollment, penalty 52 119(4) Attorney General Duty to advise Superintendent of Public Instruction 14 38 Bill of Rights in Constitution 3 Blanks and Documents To be prepared and furnished by State Super- intendent 13 34 Furnished trustees by County Superintendent.... 25 62(2) Blind, Deaf, Dumb and Feeble-MindedReports Con- cerning 13 32 Board See County Board of Education, Examiners. Board of Examiners Provisions as to 30-31 73-75 Board of Education County 43 gg Books Furnished Indigent Children 21 53 Books Infidel, immoral and sectarian, not to be used 5 6 Adopted to be used by teacher, penalty 88 190 240 INDEX Page Section Book Law (See school text book law.) Bonds of Graded Schools Description of 74 162 May be issued by trustees to pay off old debts or to refund old bonds 78 172, 173, 174 Of school like to graded common school 78 175 How signed p'ass on delivery 75 163 Boundaries (See subdistricts, graded school.) Building School Commission Appointment, Powers and Duties 105-108 224-237 Bridge Tax 27-29 69-72 Bribery Subdistrict trustees, teachers, penalty 54 124(2) Census Report of School Children Duty of County Superintendent 19 51 Of colored children, duty of County Superin- tendent 4 95 207 Census of Subdistricts How taken 40 94 Rules governing 53 121 Biennial, provisions concerning 40,41 94(3),94a When used for previous year 8, 41 14, 94a Certificates (See Teachers, County Superintendents.) Certificates 30, 31 After validation may be revoked by Superintend- ent Public Instruction 82 180 County 85-86 186 Foreign, may be validated 82-83, 86 182, 187 First class may be validated in other county 83 183 Grades, examinations, subjects, dates of examina- tion 80, 81 177 High school, granting of 82 179 In cities 66 144 (5) May be granted to pupils of recognized institu- tions ...- ~ 82 181 Life Twenty years' experience * 83 184 Of other States recognized 82 182 State Revocation of 84 185(4) State Issued by State Board of Examiners 83, 84, 85 185 State May be renewed or revoked 84 185(3,4) Validated during good behavior 82 180 Penalty for improper granting 31 75 Certified Copies of Records In Superintendent Public Instruction's office, evidence 13 33 INDEX 241 Page Section Children May Attend Adjoining District.... 36 89 No toll can be collected from 49 113(6) Child Labor Law 158-166 399-415 Employment certificate for 159-160 401-403 Officers' duty 161 406 Violation, penalty 165 414 Chairman of Division Board to Report 44 102 Cities and Towns See municipalities. City, Town or Village When deemed one district, Trustee duty, penalty 36 90 Commonwealth's Attorney Duties 14,16 39,45 Commission Building schools 105-108 224-237 Compulsory Attendance 100-101 213-218 Common School Defined 4 2 Who may attend 4 2 Diploma, examination for, fee 5 7 Kind of books to be used in 5 6 Common Schools. Pupils Completing course 5 7 May be suspended or expelled from 4-5 5 Who entitled to attend 4 2 Day, month, year defined 4 3, 4 Uniform system to be maintained 4 1 Colored Graded Schools Establishment of 64-65 142 Colored Schools 95, 96 206, 209 Colored Person Not to Attend or Teach White School Penalty for 96 210 Colored Visitors Election of, duties 46 107 Colored Schools Right to special taxes 28 71 Common School Funds Distribution 2 Investments, inviolate 1 Money received from United States 2 Races to share equally 2 Surplus due counties 2 Common school provided for 1 Clerks (See Superintendent of Public Instruction.) Condemnation of Real State for Site 43 97(3) Contracts Teachers' 41-42 95 Between teacher and division board 52 117 i With teachers to be recorded 48 112(2) Conscience Freedom of in education 3 5 Consolidation of Subdistrjcts ...... :v: ,, 33 80 242 INDEX Page Section Consolidated Schools Have One Trustee 34 81 Consolidation of Subdistrict Local expense in .- : 35 85 Location of school house 33-34 80 Teacher how elected 34 82 Taxes, notice of vote 34 84 Transportation in 34, 35 84, 85, 86 Trustees in duty 34 81, 83 Consolidation With Graded Schools 67 145 Collectors in Graded Districts Must give bond 77 171 County Attorney Duty 13, 14,16 36, 39, 45 County Clerk Bond of County Superintendent filled with 18 49 Forward settlement of County Superintendent 27 68 Furnish boundary of district to railroad or bridge company, penalty 27 69 Duty of Graded School Elections Duty 63 138 Ineligible to hold office of County Superintendent 17 47 Affidavits of board of examiners To file 30 73(3) Census report of subdistrict trustees to file Pen- alty 53 121(1) County Clerk or Judge to Certify Census Duty 19 51 County Judge Duty of as to books for indigent children 21 53 County Superintendent, to settle with 23, 27 57, 68 With County Attorney and Superintendent to es- tablish boundary school district 32 77 Petition to For graded school districts 61-64 136-141 Vacancy in County Superintendent Office Duty concerning 26 67 County Board of Examiners 30 Appointment qualifications oath 30 73 ( 73-75 Granting certificates, duty as to.... ....30, 31, 80-86 j m.^ Penalty for improper granting certificates 31 75 County Board of Education To approved petition for graded schools 61-62 136-136C Condemnation of school property, notice to 20 52(1) Boundary, establishing or changing 32, 33, 34 77, 78, 79 Boundaries, adjoining counties 33 79 Compensation 44 101(3) Consolidation of subdistricts, duty concerning 34-35 84-86 Corporation A 44 99 Duties as to State fund and salary schedule 46 104 May dismiss and employ teachers 52-53 119(4) INDEX 243 County Board of Education Continued Page Section Employ supervisor 45 103 High school, establish 97-99 201-212 Meetings salary , 44 101 Seminary property, may acquire 50 114 Pay expense of County Superintendent and su- pervisor 45 103(2) Powers as to buildings, repairs, gifts, etc 43 97 Powers and duties as to securing sites, erecting and locating school houses, furniture, etc 48, 49, 50 113, 113a Recover damage to school property 48-49 113(2) School tax, duty concerning 56 129 Sheriff, to report to 59-60 135(7) Vacancy in subdistrict as to trustee, duty 39 93 Who shall compose 43 96 County High Schools 97-99 211-212 County District Library 93-94 202-205 County Teachers' Library Where located 19 50 Constitution Educational provisions 1-3 County to Compose Single District 32 76 County Superintendent Agent for text book, penalty for acting as 25 64 Annual Report Penalty for failure 24 58 Appeals from decisions of 14, 26 38, 66 Assistants in office 19 50 Attendance at office 25 63 Approve plans of school houses 51 116 Approve petition for graded schools 61, 63, 64 136, 137, 141 Appoint county board of examiners 30 73 Blanks furnished by Superintendent of Public Instruction ^ 87 189 Buying teachers' claims, penalty 25 64 Books for indigent children, duty as to 21 53 Bond to be executed 18 49 Census Illiterates 40 94(4) Census report, duty 19-20 51 Census report to Superintendent of Public In- struction 40 94(5) Cases of controverted right to office of 18 48(3) Certificate of qualification, examination fee for 12, 17 28, 46 Certificate to teachers, penalty for improper granting oath of applicant for 30, 31 74, 75 Certificates State and county 83-85 185, 186 Condemnation school houses and property 20 52(1) Conform to rules of Superintendent of Public In- struction 26 66(2) 244 INDEX County Superintendent Continued Page Section Chairman Board of Education 43 96 Children from one district to another Notice, duty concerning 36 89(2) County judge and attorney, duty as to school dis- trict 32 77(3) Decisions Official 26 6G Deliver successor money, books, etc., penalty for failure 27 68 Devise, gift or donation to county 24-25 60 Duty to pay teachers 22 55 Duty to report additional facts 21 54 Duty to return money not paid out to treasurer.... 23 57 Election, term 17, 18 46, 48 Enforce rules of State Board of Education 10 23 Errors in census responsibility for 19 51(1) Estimate of school fund, by whom furnished 7-8 14 Expenses may be paid by County Board 45 103(2) Examination questions, duty as to 80 177 Examination Questions Improper use of, penalty 30-31 74 Exception concerning in counties having cities of first class 17 46(3) False report, penalty for making 23 56 Funds Pro rata paid to treasurer of graded schools 71 158 Furnish railroad or bridge company boundary of district 27-28 69 Taxes paid to 28 70 Furnish teachers with register 86-87 188(1) Furnish blanks to trustees 25 62(2) Institutes Notice of time and place of meeting.. 91 197 Organization and holding of 89 191 Must attend 91 196(1) Penalty for failure to hold 89 191(4) Publication of proceedings 91 196(3) Report to Superintendent of Public Instruc- tion 92 201 Selecting places for holding 90, 91 195, 197 Teacher certificate of attendance 90 194(7) Issue employment certificate 159-160 401-403 Keep record of boundary of subdistricts 35-36 88 Keep record of Board of Education 44 100 Keep records of official acts inspection of 24 59 Local tax, duty concerning 58-59 131, 134, 135 Locating school house, appeal to 49 113(4) INDEX 245 County Superintendent Continued Page Section Library committee chairman of 93 203 Malfeasance in office removal for 27 67(3) Member of division board 39 93 Misdemeanor, for failure to make reports 24 58 Member of Division Board of Education 39 93 Notice to districts 25 62(3) Oath to trustees may administer 25 61, 62 May remove trustee for neglect of duty or mal- feasance 54 125 Orders of, served by sheriff, constable, etc 54 125 Official record of 24 59 May pay teachers for fractional month _... 87 189(3) Pay treasurer graded school 71-72 158 Penalty for failure to pay money out 23 57(4) Penalty for fraudulent report...,. 23 56 Power to decide certain questions 26 66 Presence in office, when, penalty 24 58(2) Railroad tax duty concerning 27-29 69-72 Receive school fund, when 8, 9 15, 17 Record name of trustees, etc 25 62(2) Remove trustee or teacher when notice 26 65 Remove subdistrict trustee, appeal from 54-55 125 Recognize trustee, when 47 110 Report of graded school to 70 154 Report of subdistrict trustee to 54 122 Salary of 19 50 Settlement, duty, penalty 23,24,27 57,58,68 State certificate duty 84 185(2-5) Supervisor of rural schools duties 44 103 Teachers' association * 92 200, 201 Trustees, record of to keep 25 62 Treasurer of the County Board of Education 56 129 (2, 3) Vacancy in division board, duty concerning 39 93 Vacancy in office, how filled 26-27 67 Visit schools, duty concerning 19, 20 50, 52 Who may not hold office of - 17-18 47 Court See fiscal court. Court of Appeals Abstracts of decisions to be pub- lished 13 37 Course of Study in Graded Schools 69 152 Course of Study Who prepare and what embrace.. 10 24 Debts Payment of old 43 98 Delinquent Tax How collected 59-60 135(7) Devises and Gifts to Schools See donations, etc. Disease Suspension of school for 63 120 246 INDEX Page Section Districts See school districts; graded school dis- tricts 32 Districts Boundary to be furnished railroad or bridge company 27 69 Districts Graded, not affected by county district law 32 77(4) District Library County 93-94 202-205 District Trustees 38 Districts Adjoining pupils may attend either school 36 89 Change in boundary provided for 35 87 Composed of city, town or village 36 90 Consolidated How teachers are elected 34 82 Governed by local or special laws . 36 91 Record of boundary kept 35 88 School, may be established 33 78 Taxation, levy, collection, to whom paid 59, 60 135 Taxation - 56 Diplomas teachers' State granted and effect fee 81, 82 178 Division board See schools. Division Board Chairman sign contract of teacher.... 42 95(5) Division Board of Education Boundaries, change in 22 77 Contract with teacher when ..._ 41, 42 95 Officers of organization .-. 39 93 May employ assistant teacher 4 4 May levy local tax, duty 59 135 Subdistrict trustee report to 40 94(1) Vacancy in, how filled 39 93 Donation Gift or devise, misappropriation, penalty.. 50 113a(5) To colored schools 95 206 To school fund of Kentucky 14,15 39 County _ _ 25 60 To subdistrict 49-50 113 Dog Tax - ~ 9 17 Education See State Board of. Educational Provisions of the Constitution 1 Exceptions in favor of school election 2 Elections See school elections, graded common schools. Elections for local tax 57-60 130-135 Elections of subdistrict trustee Concerning _ 38,47 92,108 Election Officers penalty for fraud 47 109 Election for bond issue 73 160 Emergency schools 33 77 INDEX 247 Page Section Epidemics Dangerous in subdistrict 53 120 Examiners See county board of, State board of. C 7Q VP\ Examinations For certificates 30-31,80-86 < - ( 177-lob For common school diploma, when held 5 7 F'or giving aid, penalty 31 75(4) How questions are prepared ~ 12 28 Questions, penalty for selling, etc 31 75 Facts Additional to be reported by County Super- intendent and trustees 21 54 Fiscal Court Fix salary of County Superintendent 19 50 Furnish office for County Superintendent 19 50 Sheep claims, duty concerning 9 17 Forbidden publications 5 6 Free toll on pikes 48-49 113(6) Funds not paid out Disposition of 23 57 General provisions of the school law 4 Gifts See donations, etc. Graded common schools 61 Graded Districts Boundary election to establish tax 61 136-7 Boundary decreased or increased 62 136a Bond election, notice, purpose, sale 73-78 160-175 By-laws of 69 151 Chairman, election, duty 70 154 Cities accepting provisions of.... - 65-66 144 Collector, appointment, duty 77-78 171 Consolidation in 67 145 Colored established 64-65 142 Composed of parts of two counties 63 137 County Superintendent may withhold funds until reports are made 72 158 District a corporation - 67 146 Duty of county clerk 63 138 Election officers, appointment, duty 61,64,72-73 f- c J, tfA ' ( 159, IbO Free tuition resident white children 70 155 High school 62 136b How to become part of county school systeirv._. 62 136c Heretofore established, law concerning 65 143 In cities of the first, second, third and fourth classes , 65-6 144 Secretary of board must report to the Superin- tendent of Public Instruction ... 70 153 248 INDEX Page Section Graded Schools In cities of the fifth and sixth classes 65 143 Grounds and buildings to be provided for bonds may be issued limit and sale 73 160 Old debt of how paid 78, 79 172-176 Pupils not less one hundred in district 61 136 Pupils not residents of district 71 156 President and secretary election, duty 70, 77 153, 154, 170 Principal and teacher 69, 70 152 Property assessment 77 166 Report to County Superintendent 70 152 Sheriff, duty of concerning 64 139 Taxes in graded schools 64, 73-79 141, 160-176 When levied , 77 169 Teachers keep register in 69 152 Trustees' election divided into classes 67-8 146, 147 Trustees election officers duty 64, 72 141, 159 Trustees in, duty of 67-70 146-154 Oath cf _ 69 150 Powers of 68 148 Trustees, vacancy in office how filled 69 149 Treasurer, bond, compensation, duties 71 157 Treasurer entitled to pro rata of school fund 71 158 Sinking fund 76 165(2) Tuition 70-71 155, 156 Two counties in ~ 63 137 Higher branches may be taught in common schools 88 190(3) High School- In adjacent counties D9 212(5) Certificates 82 179 County _ 97-99 211-212 Graded schools to maintain 62 136b Houses See School Houses. School house plans to be approved by County Superintendent 51 116 Holidays Teachers entitled 4 4 Indigent Children Books for 21,52 53,118 Illiteracy commission Appointment of 146 362 Appropriation for _ 147, 143 368 Body corporate ^ 1 46 363 Duty of 147 365,366 Expenses to be paid 147 367 Illiterates Census of 40 94 Infectious or contagious disease Provisions for.... 53 120 INDEX 249 Page Section Institute Teachers' 89 Colored 95 208 County Superintendent must attend publication of proceedings 91 195 Fee paid by teachers 91 196 Instructors may be employed 89 192 Joint institutes may be held 90 195 Notice to teachers of time and place of meeting 91 197 Holding penalty for failure organization 89 191 Report to Superintendent of Public Instruction.... 92 201 Teachers must attend, duty County Superintend- ent, excuse, penalty , 89-90 194 Inspectors State Assistants must give bond 15 41 Insurance of school property 51 115(3) Judge See county judge. Joint High School Adjacent Counties 99 212(5) Justice of the Peace May administer oath to sub- district trustee 25 62(1) Labor Laws See child labor law. Land Condemnation for school site 43 97(3) Laws School laws, edited and distributed 13 35, 37 Law Compulsory attendance 100-101 213-218 Law relative to cities, towns or villages 36-37 91 Library County teachers 19 50 County and district 93,94 202-205 Libraries Who to prepare list of books for and rules and regulations 10 23 Legislation Local and special 3 Local Expenses In consolidated districts, denned 35 85 Local schools - 102-103 219-219a Local Laws General do not affect 36-37 91 Local Taxation Laws relating to 57 130 Local Tax County board may borrow money on 58 131 County Superintendent furnish sheriff boundary.. 58 132(3) Election every year tax may be voted every three years question asked voters returns 58 131-132 How expended 58 131 Levy and collection 59 135 Sheriff, duties and powers 59 135 Magistrate May administer oath to subdistrict trus- tees . 25 62(1) 250 INDEX Page Section Malfeasance or Misfeasance in Office of Subdistrict Trustee Penalty 54 125 Municipalities Graded school in 65, 66 144 Payment of teachers in 22 55 Rates of taxation in 2, 3 Treasurer, duty in -.. 22 55 Cities, First Class Board of Education 167 416,417 Appropriation of money ,. 178 454 Bonds 179-180 456 Business directory 172, 173 431 Census, duty as to 177-178 450 Compulsory attendance and truancy laws 232-237 585-599 Contracts of 173-174 434 Depositories, selections 175 437 Kindergartens, to maintain 177 445 Janitor and engineer 173 433 Officers 170, 171, 174-175 425, 429, 436 Parental home and school commission 187-188 475-479 Pupils admitted beyond city 177 449 Rules and by-laws, adoption 171, 185 428, 467 Separate schools, white and colored 177 446 Supplies, advertisement for 174 435 Superintendent, employment of 171-172 430 Tax levy 175-176 440 Teachers' annuity fund 180-186 457-473 Cities of Second Class Board of Education Annuity fund of teachers 207-212 520-527 Business directory 198-201 492-495 Employes 199 495 Contracts 199 Compulsory attendance and truancy law 232-237 585-599 Funds 201-204, 208 500-506, 521 Kindergartens 205 510 Land escheat 204 507 Pupils 206 514 School for colored children 205-206 511 Superintendent, employment 197-198 492 Taxes 203-205 504-508 Teachers 206 512 Cities of the Third Class Board of Education 213-217 530-547 Compulsory attendance and trulancy law 232-237 585-599 INDEX 251 Municipalities Continued Page Section Funds 214 532 Library 216 546 Non-resident pupils 217 547 Officers and teachers 214 533 Text books 214 535 Separate school, white and colored 215 538 Cities of the Fourth Class Board of Education 218-231 549-583 Boundary, extension of 230-231 582 Census 230 576 Commission form of government 231 584 Compulsory attendance law 232-237 585-599 Employ Superintendent < 223-224 562 Employ secretary .- 224-225 563 Establish high school 227 569 Kindergarten 229 573 Separate schools, white and colored 229 574 Tax 226-229 568-572 Vacancy 223 559 New Counties Entitled to school fund 8 14 Normal School See State Normal. Normal Institute Instructors may be employed how paid 91 198 Notices of County Superintendent Who serves 54-55 125 For local tax levy 57-60 130-135 Oath administered to trustees 25 61, 62 To be taken by applicants for certificates 30 74 Officers, Truant 161 406 Parents send child to school 100-101 213-218 Payment of teachers 22 55 Per capita based on biennial census 41 94a When and how declared 7-8 14 When $4.75, $5.35 effect 9 16 Petition to extend boundary of graded school 62 136a Private school in school house When 52 117(3) Property held and disposed of for benefit of school 10 19 Provisions of Section 160 Relating to bond issue applies to all graded districts 75 164 Pupils attend Normal Schools 115 262 Completing course of study, certificates granted to 5 7 From infected families may not attend 53 120 May attend district most convenient 36 89 - May be suspended or expelled 4,52 5,119(3) Must comply with rules 4 5 Transportation of 67 145(2) 252 INDEX Page Section Questions, Examination Improper use, penalty 31 75 Questions to be asked voter for local tax 58 132(1) Railroad and bridge tax 27-29 69-72 Real Estate Condemnation for school purposes 43 97(3) Receipts and Disbursements of County School Fund By whom kept 44 100 Receipt for record book given by trustee 48 112 Record book furnished subdistrict trustee Facts to be recorded in , 48 112 Records Copies in Superintendent Public Instruction's office evidence 13 33 Kept by teachers 86-87 1S8 Of County Superintendent to be reported to County Board of Education and fiscal court 44 100 Of County Superintendent to be inspected 24 59 Report Annual of County Superintendent 24 58 By teachers, etc - 87 189 Graded school must be made by principal and chairman 70 152 Salary of Teachers How fixed 46 105(2) Schedule must be prepared 46 104 Schedule reported to State Board of Education.... 46 106 School attendance 4 4, 5 Schools See common school teachers. Buildings and repairs 43 97 Constitutional provisions 1-3 Colored - 95 206-209 Colored, separate - 96 210 Day, daily session, month, year 4 3, 4 District, what constitutes 32 76 Divided into educational divisions 32 77(3) Elections, constitution does not apply 2 Elections for subdistrict trustees 38 92 Fraud in elections, penalty for _ 47 109 Rate of taxation _ 2 Regulated by General Assembly 2 School fund Auditor, duty 7-9 14-15 Amount to be distributed 7 13 Benefit for the A. and M. College ... 1,6 9(6) Can not be used except by common schools 1 Cannot be used for other purposes 2, 7 11 INDEX 253 School Fund Continued Difference estimated and what used .............. ,. ....... Distribution, how, when ................................. , ............ Due several counties ............. . ...................................... Each county entitled .................................................. Fees and expenses not paid out of ........................ Gifts or devises to ................... ., ........................ ............ Inspected by .................................................................... Invested, by whom ........................................................ Misappropriation ............................................................ Net revenues to be distributed ................................ New counties established .......................................... No distinction between white and colored ......... ~. Not called for .................................................................. Not to be used for any other purposes .................. Received from United States Bond for .............. Superintendent Public Instruction duty concern- ing ............................................................................... Surplus due each county ............................................ To benefit by suit recovered from County Super- intendent for false reports ................................ To pay teachers ............................................ . ............... School furniture ...................................................................... School house Condemnation of ............. .............................................. And furniture, insured ........ . ........................................ Furniture for .................................................................. In consolid'ated district ................................................ Location appeals .......................................................... May be used for public gatherings ........................ Plans approved by County Superintendent of ........ Property of County Board, duty concerning .......... Private school in .......................................................... Road to ............................................................................ Size, value of .................................................................. Site and purchase of .................................................... Title to property of ..................................................... Value of .......................................................................... Who may use, when ...................................................... School laws edited Distribution ...................................... School property See State Board of Education. School property Recover for damages ........................ School suffrage for women ................................................ School term When extended .. Page 8 8-9,46 2, 8 2 7 14 16 1-2 13 7 8 2 2 7 2 7-8 8 23 7 51 20 51 51 33-34 49 5 51-52 43 52 49 51 48 47 51 5 13 48-49 104 9 Section 14 15,16,104 9 13 39 43, 45 36 13 14 10 14 14 56 11 115 52 115(3) 115 80 113(4-5) 8 116 97 117(3) 113(5,6) 115 113 111 115 8 35,37 113(2) 221-223 16 254 INDEX School text book law- Section Adoption 149-150 372-376 Bond of publishers 156 395 Cities exempt 150-151 376 Commission of 149-150,154-156 Dealer to be appointed ~ 151-152 382 Money for campaign fund, penalty 155-156 391 Oath of publisher 155 389 Penalties 155,156 387-390-3 Price list 152-153 383, 384 Sale of inferior books, penalty 154 387 Supplementary books 153 385 Sectarian, infidel Immoral books or teaching is pro- hibited 5 6 Seminary property may be acquired 50-51 114 Seminaries z 103 220 Separate Schools White and colored 96 210 Seven Months' School Term When 9 16 Sheep Claims 9 17 Sheriff Collect School tax 56-60 129-135 Duty in graded school 61-64 136-139 Sites Condemnation for 43 97(3) Special Legislation 3 State Board of Education Acts of, duty, body politic 10 22 By-laws and regulations of 10 23 Chairman custodian of property 10 19 Course of study, prescribed by 10 24 Corporate acts attested by chairman 10 Issue high school certificates 179 Meeting, how called, quorum 10 20, 21 Members of 10 18 Powers and duties 10 23 Rules and regulations, printing of 13 37 Report to by inspector 16 45 May grant certificates of other institutions, vali- date certificate of other States 82 179-183 State Board of Examiners Appointment of 12 Certificate State, granting of .. 83-84 185 Diplomas State examinations, fees, when and where held 81-82 178 Life certificates 83 184 Prepare questions 5, 80 7, 177 INDEX 255 Page State certificates, diplomas For examinations, County Superintendent, examinations for 12, 81, 83 State fund Distribution by County Board of Educa- tion 46 Stenographers See Superintendent Public Instruc- tion. State Normal School See State Normal School, colored persons Section 28, 178, 185 104 Appropriation for 116-123 Board of regents 109-117 265-266, 269-285 240-247, 251-255, ^ 257-260, 267 Certificates conferred Ill, 112 " 251 Debts 114,115 260 Location 115,116 264 Normal executive council Ill 248, 250 Object 109 239 Number 109 238 President, treasurer and secretary 113, 114 257-259 Pupils entitled free tuition, each county entitled to 115 262 State Normal School for Colored Persons Agriculture and mechanics, fund for 124-125 291 Appropriation for 125-128 297-300-306 Certificates and diplomas 126 298 Name President of 126 299 Pupils 125 293 Trustees 124-125 290, 292 Subdistrict See consolidation, subdistrict trustee Adjoining counties 33 79 Boundary 20, 32, 33 51(2) 76-79 Boundary, change or new created 33, 35 78, 79, 87-88 Census 19, 20 51 Children may attend adjoining 36 89 Election, where no school house 47 108 Indigent children in 21, 52 53, 118 Name number 35 87 Not to contain fewer than fifty children, except case of emergency 33 77(5) Record of boundary 35 88 School how laid off 32 77 Tax how, when and purpose of levy 57-60 130-135 Subdistrict trustee See consolidation Adjoining counties .. 33 79 256 INDEX Subdistrict Trustee Continued Page Section Buying teacher claims, penalty 54 124 Census to take, penalty 20-53-54 51(4) 121 Certificate for teacher's pay sign 22,52 55,117(2) Change of boundary, when notice of 35 87(2) Controverted right to office 47 110 Contract, interested in, penalty 34 83 Compensation duty 40-41 94-94a Deliver successor books, penalty 55 127 Disease in district, duty 53 120 Dismiss teacher when 52,53 119(4) Duty as to local tax 56-60 129-135 Election, officers of, fraud penalty 38,47 92 (6), 108 Penalty for failure to do duty 55 126 Persons applying for use of school house, duty.... 5 8 Qualifications 38 92(4) Receiving money from teacher, penalty 54 124 Record book furnished, duty 48 112 Report additional facts, when 21 54 Report to County Superintendent 54 122 Sign teacher's report, penalty for failure 54 123 Supervision, duty and powers 52 119 Suspended by County Superintendent 26 65 Suspended pupil, duty concerning 88 190(2) Vacancy in office, how filled 39 93 Visit parent and school, indigent children, duty.... 52 118 Subjects of instruction in institute 91 199 Superintendent See County Superintendent, School fund. Superintendent of Public Instruction Accounts Settlement Change in office, County Superintendent 12 30 Access to records 16 43 Act as special inspector and examiner of schools, assistants, compensation, power 15 41 Advice of attorney general to 14 38 Appeals to 14, 26 38, 66 Approve county diploma 5 7 Biennially report, distribution, printing of, what contain 12,41 31, 94a(2) Blanks furnished County Superintendent, penalty for failure 30 74 Bond oath term -.11, 15, 16 25, 41 Certificate, prepare form for 5 7 State Board of Education, chairman 10 20 INDEX 257 Superintendent of Public Instruction Continued Page Section Changes in office of County Superintendent, fur- nished to auditor 12 30 Clerks and stenographers in office duties sal- ary 11 26 Contested election of County Superintendent, duty 18 48(3) Copies and records in office, evidence 13 33 County Superintendent, settle with 23 56, 57 Report census to 40 94(5) Deliver books and papers to successor 15 40 Devote entire time to duties of office 12 29 Distribute school fund when 8-9 15 Donation, gift to school fund of Kentucky, duty 14 39 Duty 10-16 18-45 Duty as to census 40 94 Year census not taken 41 94a Entitled to office supplies 11 26 Expenses not to exceed 11-12 27 Facts, additional reported to 21 54 Furnish blanks, etc 12, 87 31, 189 Furnish subdistrict record book 48 112 Furnish teachers register 86-87 188 Issue process for witnesses, duty of officers, pen- alty 16 44 Keep orders drawn on auditor 12 30 Office where kept 12 29 Power to inspect funds and management 16 43 Printing rules and regulations of State Board of Education 13 37 Report local tax to 59 134 Report misconduct of officers to county or Com- monwealth attorney 16 45 Report neglect of duty of certain officers 13 36 Report of secretary of municipalities to 70 153 Rules for County Superintendent 26 66(2) Salary 11, 15 26, 41 School law edited and distributed 13 35, 37 Teachers' institute, duty concerning 89-90 194 Validate and revoke high school certificates 82 179-181 Visit schools 11-12 27 Supervision by County Superintendent 20,21 52 Supervisor Employment, expenses, salary 44-45 103 Tax See district taxation. Tax against railroad or bridge company To whom paid 28 70 Apportioned between white and colored schools 28 71, 72 258 INDEX Page Section Tax Annual to be levied in graded districts, how 75 165 Delinquent - 59-60 135(6-7) Dog, part of school fund 9 17 In consolidated district, for what used, notice, vote when submitted 34 84 In graded schools, duties of County Superintend- f 136, 141, ent and trustees 61,64,67 |l45(3) Levied by fiscal court, collector, how expended.... 56 129 Levied annually in graded schools to pay inter- est on bonds and to provide sinking fund 74 161 Municipal rate amount indebtedness 2 Special 25c levy in graded schools 76 165a Assessment and collector of 77 168 Election held every two years 77 107 Pay interest on bonds when levied 77 169 Taxation Local Laws 57 130 Rate of 2, 3, 56, 59 129, 135 Teachers Actual work 4 2, 4 Admission to University 134-135 329 State normal 115 2G2 Assistant, employment of 4, 41 4, 95 Association .- .-. 92 200-201 Branches to teach 88 190 Certificate- County 85-86 186 Examination for, oath, question, grades, sub- jects, dates 30, 80-86 74, 177-187 Granting certificates to immoral persons, penalty 31 75 High school 82 179,181 Kind 80 177 Life 83 184 State, examination for 83-85 185 Validated in other counties 83 183 Colored institute 95 208 Dismiss when attendance falls below 25% 52 119(4) Elected in consolidated districts 34 82 Election of 41 95 False report, penalty 87-88 189(4) 190 Giving or receiving aid in examination, penalty.. 31 75(4) In graded districts appointment qualification, keep register, exceptions 69, 70 152, 153 INDEX 259 Teachers Continued Page Section Institute 89-91 191-199 Legal holidays, entitled 4 4 5,119(3) May suspend pupil, power over appeals 4,52,88 190 ( 2 ) Must keep records 86, 87 188, 189 Municipalities, in 65-66 144(5) Not to lose time when school suspended 53 120 Oath before examination, penalty for failure to take 30 74 Pay, when, by whom 22,52 55,117(2) Qualification 31 75 Questions for, improper using, penalty 31 75(3) (52(5) Register report 21, 86-87 j lgg Ig9 Removal 26, 88 65, 190 Report children absent 101 216 ( 105,106, Salary, maximum, minimum, schedule 46,87 -j igo/gx -jog Teach higher branches 88 190 Trustee, payment to, penalty 54 124 Visit by County Superintendent _ 20,21 52 (2), 53 Text books for indigent children _ 21 53 Text book See School Text Book Law. Transportation provided for out of county fund 35 86 Titles to lands Reversionary interest 47 111 Town, village or city See municipalities. Transfer children from one subdistrict to another 36 89 Trustees See subdistrict trustee, graded schools, uni- versity of Kentucky and State Normal School. Trustees in city, town or village Duty, penalty 36 90 Turnpike No toll collected from children 49 113(6) Uniform system to be maintained 4 1 University of Kentucky C 331-333, 335, Appropriation 135-139, 143, 145 j 353.354, 356 ( 337b, 338, Appointment to 137, 141 j 345 Acts 140-141 341, 342 Agriculture institutes 145 357-360 Board of trustees 129-134 308-328 Collegiate period 134 326 Certificates 139, 143 340, 352 County Superintendent, post circulars, penalty 137 338 Degrees conferred 132 318 Dormitory for women 135-136 332-334 260 INDEX University of Kentucky Continued Page Section Executive committee 131 314 Free tuition, to whom 142 346 Information to County Superintendent 135 330 Law 141 343 Location 129, 142 308, 349 Medicine 141 344 Name 129 308 Teacher, admission of 134 329 Treasurer _ 133 322 Vacancy in office of subdistrict trustee Chairman division board how filled 39 93 Vacancy in office of County Superintendent 26, 27 67 Validation of certificate 82-83 180-183 Village, town or city See municipalities. Visitors for colored school Election of, duties 46 107 VoteWomen may 104 221-223 Water for school house 52 119(2) White and colored district Share in railroad and bridge company tax 28 71 White person teach or attend colored school Penalty 96 210 Women vote in school election 104 221-223 Year See school clay, etc. UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY THIS BOOK IS DUTON THE LAST DATE STAMPED BELOW Books not -turned on time are 50m-T,'16 YC 341801 fa UNIVERSITY OF CALIFORNIA LIBRARY