Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/codeiowaschoolOOiowarich School Laws of Iowa FROM THE CODE OF 1897 AS AMENDED BY THE TWENTY -SEVENTH^ TWENTY- EIGHTH AND TWENTY-NINTH GENERAL ASSEMBLIES, WITH NOTES, FORMS and DECISIONS, FOR THE USE AND GOVERNMENT OF SCHOOL OFFICERS AND DIRECTORS. EDITION OF 1902. RICHARD C. BARRETT, Superintendent bt%f^B^/c InsirXj^tion DES MOINES: B. MURPHY, STATE PRINTER, 1902 H Each school officer, upon the termination of his term of office, shall immediately surrender to his successor all books, papers and moneys pertaining or belonging to the office, taking a receipt therefor. — Code, Section -2770. ••• !!..••, PREFACE Section 2624 of the Code. authorizes the Superintendentjof Public Instruction to cause to be printed every four years all school laws in force up to that time, with such notes, for^jfe, rulings and decisions as may be of value to school officei!s>i'1n the proper discharge of their duties, references being; ; ima^ie to previous laws amended or changed, so as to indicjat^jjibe effect of such amendment or change. jjjjao av/^I As the use of former editions will be most likely ffea mi ale^.d, and since each school corporation and each school: direotti^r is entitled to receive a copy of this law, it is urgexi thatithj^Iy^e of all former editions be discontinued. Since anbther) edJybifipi may not be published for four years, it is earnestly! ad^?ised that' special pains be taken to preserve every copyi, of ^t&is edition, and that school officers superseded 1 by ifeletct)i appoint to make such report for him. Sec. 2742. 1. The board of supervisors shall furnish the county superinten- dent with an office at the county seat, together with fuel, lights, blanks, books and stationery necessary and proper to enable him to discharge the duties of his office, but in no case shall such officer be permitted to occupy an office also occupied by a practicing attorney. Code, section 468. 2 13 SCHOOL LAWS OF IOWA. THE SYSTEM OP COMMON SCHOOLS. Section 2743. School districts— corporate powers. Each school district now existing shall continue a body politic as a school corporation, unless hereafter changed as provided by- law, and as such may sue and be sued, hold property, and exer- cise all the powers granted by law, and shall have exclusive jurisdiction in all school matters over the territory therein contained. [C. '73, §§ 1713, 1716; R., §§ 2022, 2026; C. '51, § il08.] Sec. 2744. Names. District townships now existing shall hereafter be called school townships, subdivisions of which shall be called subdistricts. School corporations shall be designated as follows : The school township of (naming civil township), in the county of (naming county), slate of Iowa; or, the independent school district of (naming city, town or village, and if there are two or more districts therein, includ- ing some appropriate name or number), in the county of (nam- ing county), state of Iowa ; or, the rural independent school district of (some appropriate name or number), township of (naming to«rnship), in the county of (namina: county), state of Iowa. [27 G. A., ch. 91, § 1 ; C. '73, § 1716 ; R., § 2026 ; C. '51, § 1108.] Sec. 2745. Directors. The affairs of each school corpo- ration shall be conducted by a board of directors, the members of which in all independent school districts shall be chosen for a term of three years, and in all subdistricts of school 2. It is the intention of the law that each county superintendent shall deter- mine the time necessary to be employed in the duties of his office, and the division of labor to be made. Of course, specific duties are required, such as making cer- tain reports at times designated, visiting a school if requested by the board, and that he shall conform to the instructions from the superintendent of public instruc- tion. But in general, he is to decide for himself, as indicated in his oath of office, what means will best advance the work in his county. Section 2743. 1. In boundaries, school townships usually coincide with civil townships. 2. Section 3936, Code, provides that a municipal or political corporation shall not be garnished. However, the corporation may waive exemption from this process. 25 Iowa, 315. 3. The policy of our law is, that the territory once organized for school pur- poses must always remain within some jurisdiction, and that it mav not be detached from the jurisdiction to which it belongs without at the same time becoming a separate jurisdiction or a part of another jurisdiction for school pur- poses. 82 Iowa, 10. Decisions, 28 and 49. Section 2744. 1. A subdistrict is not a corporation, and hence can neither hold property nor perform any corporate act. Decisions, 11. 2. In suits, contracts and conveyances, the corporate name should be strictly observed . 3 At their annual meeting, the electors of any rural independent school dis- trict may vote by ballot to change the name of the district, and the board will bs guided by this expressed wish. SCHOOL LAWS OF IOWA. 19 to WD ships for a term of one year. [26 G. A., eh. 40; 18 G. A., eh. 143; 17 G. A., eh. 113; 15 G. A., eh. 27; C. '73, § 1802; R., §§ 2099, 2100, 2106.] Sec. 2746. Annual meeting of corporation. A meeting of the voters of each school corporation shall be held annually on the second Monday in March for the transaction of the business thereof. Notice in writing of the place, day, and hours during which the meeting will be in session, specifying the number of directors to be elected, and the terms thereof, and such propositions as will be submitted to and be deter- mined by the voters, shall be posted by the secretary of the board in at least five public places in said corporation, for not less than ten days next preceding the day of the meet- ing. The president and secretary of the board, with one of the directors, shall act as judges of the election. If any judge of election is absent at the organization of the meeting, the voters present shall appoint one of their number to act in his stead. The judges of election shall issue certificates to the directors elected. [19 G. A., ch. 51; 18 G. A., ch. 7, § 1; 18 G. A., ch. 63; C. '73, §§ 1717, 1719; R., §§2027-8, 2031, 2033; C '51, §§ 1111, 1114-15 ] Sec. 3747. Electors. To have the right to vote at a school meeting a person must have the same qualifications as for voting at a general election, and must be at the time an actual resident of the corporation or subdistrict. In any election hereafter held in any school corporation for the pur- pose of issuing bonds for school purposes or for increasing the tax levy, the right of any citizen to vote shall not be v*>ECTiON 2746. 1. The meeting cannot be adjourned to another day, and must be held at the time and in the manner directed by the law. 2. Ten days' previous notice should be given by the district secretary, but as the law fixes the day of the meeting, a failure to give full notice, or any notice at all, though a violation of the law, will not invalidate the proceedings of the meeting, if one is held at the usual time and place. 10 Iowa, 212. Form 10. 3. The president, and secretary, with a director, are the regular officers of this meeting, and should act as such if present. Form 12. 4. It is essential that the secretary make a full and accurate record of the proceedings, which should be submitted to the president for his approval at the close of the meeting, and afterwards recorded in the district records. Form 11. 5. In any district of 5,000 or more the polls must be open from nine a. m. to seven p. m.; in all independent school districts of less than 5,000, the polls must open at one p. m. , and remain open at least five hours; in all rural independent districts and in school townships the polls must open at one p . m., and remain open not less than two hours Section 2754. Section 2747. 1. To be entitled to the rights of suflPrage a person must be a male citizen of the United States, twenty-one years of age, a resident of the state six months next preceding the election, and of the county sixty days. Constitu- tion, article 2, section 1. 69 Iowa, 368 and 75 Iowa, 220. 2 The declaration of intention by one who expects to become fully natural- ized, does not entitle such person to vote. In some states this is a fact, but in Iowa what is called second papers must be taken out; that is, an elector must be 20 SCHOOL LAWS OF IOWA. denied or abridged on account of sex, and women may vote at such elections the same as men, under the same restrictions and qualifications, so far as applicable. [25 G. A., ch. 39.] Sec. 2743. Officers— qaliflcations. A school officer or mem- ber of the board may be of either sex, and must at the time of election or appointment be a citizen and a resident of the corporation or subdistrict, and over twenty-one years of age, and, if a man, he must be a qualified voter of the corporation or subdistrict. [16 G. A., ch. 136.] Sec. 2749. Powers. The voters assembled at the annual meeting shall have power : 1. To direct a change of text-books regularly adopted ; 2. To direct the sale or make other disposition of any schoolhouse or site or other property belonging to the cor- poration, and the application to be made of the proceeds of such sale ; 3. To determine upon added branches that shall be taught, but instruction in all branches except foreign languages shall be in English ; 4. To instruct the board that school buildings may or may not be used for meetings of public interest ; 5. To direct the transfer of any surplus in the schoolhouse fund to the teachers' or contingent fund ; 6. To authorize the board to obtain, at the expense of the corporation, roads for proper access to its schoolhouses ; 7. To vote a schoolhouse tax, not exceeding ten mills on the dollar in any one year, for the purchase of grounds, con- struction of schoolhouses, the payment of debts contracted for the erection of schoolhouses, not including interest on bonds, procuring libraries for and opening roads to school- houses. either a native born citizen, or a naturalized citizen, must be a male, and not dis- franchised in any way mentioned by the law. 3. The law confers upon women the right to vote upon only the matters dis- tinctly mentioned. They may participate in a vote on issuing bonds for school purposes, or a vote for the purpose of increasing the tax levy. But they may not vote for members of the board nor upon any other matter than as mentioned. 4. A separate ballot box must be provided for the ballots cast by women, and a separate canvass made of their votes. Code, section 1131. Section 2748. 1. No person shall be deemed ineligible by reason of sex, to any school office. 2. A person cannot remain an officer or membpr of the board and reside in another district, even though in the same civil township. Section 2749, 1. The voters have only such powers as are conferred by the statute, either expressly or by reasonable implication. 2. The voters of any district when assembled at their annual meeting may direct that a schoolhouse or tba schoolhouse grounds not needed for public school purposes may be sold, rented, leased, or the use thereof granted, for any purpose that will not interfere with the subsequent use or value of such schoolhouse prop- erty for public school purposes. SCHOOL LAWS OF IOWA. 21 The board may, or, upon the written request of five voters of any rural independent district, or of ten voters of any school township, or of twenty-five voters of any city or town independent district having a population of five thousand or less, or of fifty voters of any other city or town independent district, shall, provide in the notice for the annual meeting for submitting any proposition authorized by law to the voters. All propositions shall be voted upon by ballot in substantially the following form: "Shall a change of text -books be 2J^. Special attention is called to the fact that tinder the present law all propositions before the electors at their annual meeting must be voted upon by ballot . 3. The voters may exercise their right to dispose of schoolhouse property only when assembled at their annual meeting on the second Monday in March, or at a special meeting called under section 2750. They may not exercise this right at a special meeting called to vote bonds 4. Shoolhouses cannot be sold without previous direction of the voters, but their action in voting a tax for the erection of a new schoolhouse on the old site gives the board authority to remove the old house. 5. The voters have no authority to instruct the board to loan money belonging to the district, nor to order money invested in government bonds. 6. The general statement is that when an amount has been voted for a specific purpose, the parties directly interested thereby acquire a vested right in such money appropriated, of which they may not be deprived, even by the voters. 50 Iowa, 648. 100 Iowa, 317. 7. The only change of money from one fund to another possible under the law is the transfer of surplus schoolhouse funds to either of the other funds. 8. If the voters direct that any additional branches shall be taught in one or all of the schools, their action is mandatory, and the board is bound to endeavor in good faith to fulfill such wish. 44 Iowa, 564. 9. The voters may not limit nor restrict the board to the adoption of a course of study including only such branches as the voters may name. Nor may the voters direct that a particular branch, or certain branches, shall not be taught. It is the province of the board to decide what branches besides those named by the voters shall be included in the course of study and taught in the schools. 10. The voters have no power to prohibit any branch being taught, if intro- duced by the board, neither has the board power to prevent the teaching of any study which the voters have directed shall be taught. 11. All schoolhouse taxes must be voted by the voters of the corporation, or the subdistrict; this power cannot be delegated to the board. For exceptions see section 2806, note 3. 12. The specific sum of money deemed necessary, and not a certain number of mills on the dollar, should be voted, except when a district lies in two counties. The percentum necessary to raise this sum is determined by the board of super- visors. Section 2806. 13. The power to vote schoolhouse taxes belongs exclusively to the voters. The sums necessary for the teachers' and contingent funds are determined by the board. Section 2806, note 3 for exceptions. 14. Failing to carry out instructions from this meeting, the board maybe compelled by mandamus to show reason why the expressed wish of the voters has not been complied with. Decisions, 17. 15. A vote upon matters which by the law are to be determined by the 22 SCHOOL LAWS OF IOWA. directed V" (or other question as the ease may be) ; and the voter shall designate his vote by writing- the word " yes " or '*no" in an appropriate place on the ballot. [21 G. A., eh. 131, § 1 ; 19 G. A., ch. 51 ; 18 G. A., ch. 63 ; C. '73, §§ 1717, 1807 ; R., §§ 2027-8, 2033 ; C. '51, §§ 1114, 1115.] Sec. 2750. Special meeting. The board of directors may call a special meeting of the voters of any school corporation by giving notice in the same manner as for the annual meet- ing, which shall have the powers given to a regular meeting with reference to the sale of school property and the applica- tion to be made of the proceeds, and to vote a schoolhouse tax for the purchase of a site and the construction of a neces- sary schoolhouse, and for obtaining roads thereto. [28 G. A., ch. 104; 24 G. A., ch. 21; 18 G. A., ch. 84 ] Sec. 2751. Subdistrict meeting. The meeting of the voters of each subdistrict of a school township shall be held annually on the first Monday in March, and shall not organ- ize earlier than nine o'clock a.m., nor adjourn before twelve o'clock M. Notice in writing of the time and place of such meeting and the amount of schoolhouse tax to be voted shall be given by its director, or if there is none by the school board, is not binding upon the board, but is only suggestive. In sach matters, the board will still be left free to exercise the discretion vested in it by the law . 16. In order that action may be taken at an annual meeting, it is not essential that notice shall be given that such a matter will be presented at the meeting. When assembled, the voters have power to transact any business which may come before them under the law. 17. A subdistrict has no legal claim upon schoolhouse property, although in equity a tax voted to build in a certain subdistrict must be expended as voted, and when a schoolhouse has been built or repaired from schoolhouse funds raised upon that subdistrict alone, even the voters should recognize the vested right of the subdistrict to retain such property and to enjoy its use. 50 Iowa, 648. 18. If it is desired to move the schoolhouse out of the subdistrict the voters of the school township must first so order at the annual meeting. Decisions, 13. 19. It is the exclusive province of the courts to determine questions with rela- tion to any vote at a school meeting, or with relation to the choice of members of the board or of ofl&cers of the board. Note^ 12 to 15 inclusive, to section 2758. Skction 2751. 1. The object is to prevent a few designing persons from meet- ing at an unusual hour, dispatching the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with entire fairness, and an opportunity given for an expression of the real senti- ment of the subdistrict. 2. While this section does not in terms specify the length of time during which a subdistrict meeting should remain in session, section 2754 provides that in rural independent districts the polls must remain open not less than two hours. For obvious reasons a subdistrict meeting should continue in session at least the same length of time. The voters of the subdistrict should be given a reasonable opportunity to participate in the meeting. 37 Iowa, 131; 39 Iowa, 380. 3. If subdistrict boundaries are in controversy by way of appeal, the election for directors should be made on the basis of the status of the subdistricts on the day of election. ..^' SCHOOL LAWS OF IOWA. 23 township secretary, by posting in three public places in the subdistrict for five days next preceding the same. The voters shall select a chairman and secretary of the meeting who shall act as judges of election, and shall also elect a director for the subdistrict by ballot. The vote shall be canvassed by the judges of election, and the person receiving the highest vote shall be declared elected. [22 G. A., ch. 51; 18 G. A., ch. 7,§ 1; C. 73, §§ 1718-19, 1789; R,§§ 2030-1; C. '51, § lllL] Sec. 2762. Number of directors. The board of directors of a school township shall be composed of one director from each subdistrict. But when there is an even number of subdis- tricts another director shall be elected at large by all the voters of the school township. When the school township is not divided into subdistricts, a board of three directors shall be elected at large, on the second Monday in March, by all 4. In case there is no director, the above notice must be q:iven by the secre- tary of the school township. It must be posted five days previous to the meeting, in at least three public places in the subdistrict. The notice should designate the hour of meeting, which cannot be earlier than 9 o'clock a.m. Form 13. 5. Even if the notice of the meeting required by the law has not been given, th^/^oters are not released from their duty to hold the subdistrict meeting at the usual time and place. When they are assembled it may be found that important business will be brought before them 6. A tie vote for any elective school office shall be publicly determined by lot forthwith, under the direction of the judges. Section 2754. "This applies to all school elections. If more than two persons have each an equal number of votes, the same rule will apply. No second ballot may be taken. 7. The chairman and the secretary are not required to qualify. 8. A judge of election is entitled to his vote the same as any other elector, 9 No minor, nonresident, nor alien can take part in a meeting of voters. 10. If the voters desire to hold a caucus, it should be done before the sub- district meeting is called to order. 11. The selection of a director should be a matter of great care. As he may receive no compensation from the district, he should be a person whose interest will lead him to be a frequent visitor of the school, and who will see that the schoolhouse is provided with all that will add to the comfort of the teacher and scholars and promote the highest welfare of the school. 12. A member or officer of the board must have the qualifications of an elector, if a male, but no person is ineligible to any school office by reason of sex. 13. Only one ballot may be taken for the election of director, and the person receiving the greatest number of votes is elected, even though he has not received a majority of all the votes cast 14. The school township may simply be requested, by the voters of the sub- district, to build a schoolhouse, without asking for a definite amount of money. 15. The subdistrict voters may vote a tax for schoolhouse purposes and certify the same to the school township meeting. Form 14. Whatever portion of this sum the township electors vote will be levied upon the entire school township. Section 2752. 1. The board of a school township cannot consist of less tHan three members. When there is an even number of subdistricts one director at large must be elected on the second Monday of March by all the voters of the school township. The director at large has a vote upon all questions before the board the same as any other member. 24 SCHOOL LAWS OF IOWA. the voters of the school township. [27 G. A., ch. 92; 15 G. A., ch. 27; C. '73, §§ 1720-1; R, §§ 2031, 2035, 2075-6; C. '51, §§ 1112,1721.] Sec. 2753. Special schoolhouse tax. At the annual sub- district meeting, or at a special meeting called for that pur- pose, the voters may vote to raise a greater amount of school liouse tax than that voted by the voters of the school towi - ship, ten days' previous notice having been given, but the amount so voted, including the amount voted by the school township, shall not exceed in the aggregate the sum of fifteen mills on the dollar. The sum thus voted shall be certified forthwith by the secretary of said subdistrict meeting to the secretary of the school township, and shall be levied by the board of supervisors only on the property within the subdis- trict. [0. 73, § 1778; R., §§ 2033-4, 2037, 2088.] Sec. 2764. Elections in independent districts — tie vote. At the annual meeting in all independent districts members ol the board shall be chosen by ballot. In any district including all or part of a city of the first class, or a city under special charter, the board shall consist of seven members, three of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in March, 1899, and two on the second Monday in March, 1900. In all other independent city, town or village districts, and in all rural independent districts where the board now consists of six members, the board shall consist of five members, one of whom shall be chosen on the second Monday in March, 1898, two on the second Monday in March, 1899, and two on the second Mon- day in March, 1900. In all independent city, town, or village Section 2753. 1. The vote should be certified to the secretary of the school township forthwith. Forms 14 and 16. Section 2754. 1. Any election by the people must be held on the day desig- nated, and can neither be postponed nor adjourned to another day, and the officers voted for by the people must be elected by a single ballot. 2. The practice of taking an informal ballot for the purpose of placing per- sons in nomination is not to be commended. Such nomination should be made outside the meeting, or at least before the meeting is organized. 3. In all cases, it would be well for the ballot to state the term voted for, in connection with the name of the person. 4. All vacancies should also be filled by election, and the ballot should desig- nate the vacancy to be filled, and the person so elected hold for the remainder of the unexpired term. 5. In districts composed in whole or in part of cities or towns, the treasurer must be elected by the people for the term of two years. This does not apply to village districts. In these and in all other districts, except those specified above, this officer is elected by the board . 6. A tie vote for any elective school office must be publicly determined by lot forthwith, under the direction of the judges. This applies to all school elections. If more than two persons have each an equal number of votes, the same rule will apply. No second ballot may be taken. SCHOOL LAWS OF IOWA 25 districts where the board now consists of three members such board shall hereafter consist of five members, three of whom shall be elected on the second Monday in March, 1898, one for one year, one for two years, and one^ for three years. In all other rural independent districts the board shall consist of three members, one of whom shall be chosen on the second Monday in March, 1898, and one each year thereafter. In districts composed in whole or in part of cities or towns, a treasurer shall be chosen in like manner, whose term shall begin on the third Monday in March and continue for two years, or until his successor is elected and qualified. The term of office of the incumbent treasurer in said districts shall expire on the third Monday in March, 1898. In such districts the polls must remain open not less than five hours, and in rural independent districts and school townships not less than two hours. In each case the polls shall open at one o'clock p. M., except as provided in section twenty-seven hundred and fifty-six of this chapter. A tie vote for any elec- tive school office shall be publicly determined by lot forth- with, under the direction of the judges. [27 G. A., ch. 91, 93; 22 G. A., ch. 51; 18 G. A., ch. 7, § 2; C. '73, §§ 1789, 1808.] Sec. 2756. Election precincts — register of voters — notice. Each school corporation having five thousand or more inhab- itants may be divided into such number of precincts as the board of directors shall determine, in each of which a poll shall be held at a convenient place, fixed by the board of directors, for the reception of the ballots of voters residing in such precinct. A separate register of the voters of each precinct shall be prepared by the board from the register of the electors of any city included within such school corpora- tion, and for that purpose a copy of such register of electors shall be furnished by the clerk of the city to the board of directors. Before each annual meeting these registers shall be revised and corrected by comparison with the last register of elections of such cities, and shall have the same force and effect at school meetings held under this section, in respect to the reception of votes thereat, as the register of election has by law at general elections. The board of directors of such school corporation, on or before the last Monday pre- ceding such election shall appoint two suitable persons to be 7. All districts comprising cities of the first class and those under special char- ter have seven directors . In all other city, town or village districts, and in the rural independent districts which formerly had six members the board now con- sists of five members. In all other rural independent districts the board consists of three members. Section 2755. 1. Only registrars of election in school corporations having more than five thousand inhabitants may receive pay for their services. 2. No registration is required in school corporations having less than five thousand inhabitants. 26 SCHOOL LAWS OF IOWA. registrars in each of the election precincts of such school cor- poration for the registration of voters therein, who shall have the same qualifications as registrars appointed for general elections and shall qualify in the same manner, and receive the same compensation to be paid by the school corporation. The registrars shall meet on the day of election at the voting place in the precinct in which they have been appointed and shall hold continuous session from nine o'clock in the fore- noon until seven o'clock in the afternoon. Any person claim- ing to be a voter, and who is not already registered in the proper precinct, may appear before them in the election pre- cinct where he claims he is entitled to vote and make and subscribe under oath a statement in the registry book, which oath and statement shall be of the same general character as that prescribed by section one thousand and seventy-seven (1077) of the code, and shall thereupon be granted a certificate of registration. Nothing in this section shall be construed to prohibit women from voting at all elections at which they are entitled to vote. The secretary must post a notice of the meeting in a public place in each precinct at least ten days before the meeting, and by publication for two weeks pre- ceding the same in some newspaper published in the corpora- tion, such notice to state the time, respective voting pre- cincts and the polling place in each precinct, and also to specify what questions authorized by law, in addition to the election of director or directors, shall be voted upon and determined by the voters of the several precincts. [29 G. A., ch. 125; 28 G. A., ch. 105; 18 G. A., ch. 8, §§ 1-4J Sec. 2766. Conduct of elections. As judges of the election referred to in the preceding section, the board shall appoint one of its number and two voters of the precinct, one of whom shall act as clerk, who shall be sworn as provided in case of a general election. If any person so appointed fails to attend, the judge or judges attending shall fill the place by the appointment of any voter present, and like action shall follow a refusal to serve or to be sworn. Should all of the appointees fail to attend, their places shall be filled by the voters froni those in attendance. The board shall provide the necessary ballot box and poll-book for each precinct, and the judges shall make and certify a return to the secretary of the cor- poration of the canvass of the votes for office and upon each question submitted. On the next Monday after the meeting the board shall canvass the returns made to the secretary, ascertain the result of the voting with regard to every matter voted upon, declare the same, cause a record to be made thereof, and at once issue a certificate to each person elected. At all meetings held under this and the next preceding sec- tion, the polls shall be kept open from nine o'clock A. M. until seven o'clock P. M. [Same, §§ 5, 6.] SCHOOL LAWS OF IOWA. 27 Sec. 2757. Meetings of directors — election of ofB.cers. The board of directors shall meet on the third Monday in March and September, and may hold such special meetings as may be fixed by the board or called by the president, or the secre- tary upon the written request of a majority of the board, upon notice specifying the time and place, delivered to each member in person, but attendance shall be a waiver of notice. Such meetings shall be held at any place within the civil township in which the corporation is situated. At the regu- lar March meeting the board shall organize by the election of a president from its members, who shall be entitled to vote as a member. At the regular September meeting it shall elect from outside the board a secretary and a treasurer, except as Section 2757. 1. It is quite customary for the outgoing board to meet on the third Monday in March and complete all its work, and for the new board to organize immediately thereafter. The legality or propriety of such action has never been questioned , 2. If the president is unwilling to call a special meeting in compliance with a rejquest from members, then a majority of the board may cause a notice of the meeting to be given by the secretary, signed by the members who desire to have the meeting called, which written notice should be by the secretary handed to each member of the board and to the president. 3v As the law is silent with regard to the length of time notice should be given before the time of meeting, it is taken for granted the law intends that a reason- able notice as to the time shall be given. What such reasonable notice is must be determined for each locality by the conditions. 4. If a school officer habitually or wilfully neglects his duty, and the public good suffers by such negligence, a court may compel him to attend to the necessary duties of his office. 50 Iowa, 648. 5. This section authorizes boards to hold meetings in any district within the same civil township. 6. There is no provision of law that will prevent a board from transacting business upon any day except Sunday. 7. If the board fails to elect a president, a secretary, or a treasurer, in dis- tricts where such officer is elected by the board, upon the day fixed by law or at a meeting adjourned from that day to a day certain, then the incumbent may qualify anew and hold the office for another year. 75 Iowa, 196. But in order that a president may thus hold over, his term as a member of the board must also continue. 8. No person may hold two offices of the board at the same time. 9. No one may be compelled to qualify as a member or officer of the board. 10. Any duty imposed upon the board as a body must be performed at a reg- ular or special meeting, and made a matter of record. 47 Iowa, 11. 11. The consent of the board to any particular measure, obtained of individual members when not in session, is not the act of the board, and is not binding upon the district. 67 Iowa, 164. 12. The board may receive and act upon communications from persons selected outside the board to report upon matters referred to such persons as a committee. 13. An official trust cannot be delegated. Neither the board r4)T any member may appoint a substitute to perform the official duties of a member or of the board, but the board may appoint a committee of it« number with power to act for the board in a given case. 28 SCHOOL LAWS OF IOWA. provided in section twenty-seven hundred and fifty-four of this chapter, but in independent districts no teacher or other employe of the board shall be eligible as secretary. Upon the organization of any corporation the board shall elect a secretary to hold until the September meeting following. All such officers shall be elected by ballot, and the vote shall be recorded by the secretary. [18 G. A., ch. 176; 15 G. A. ch. 27; C. '73, §§ 1721-2; R., §§ 2035-6, 2076; G. '51, § 1721. | Sec. 2768. Qualification of directors — vacancies. Any member of the board may administer the oath of qualification to any member elect, and to the president of the board. Each director shall qualify on or before the third Monday in March by taking an oath to support the constitution of the United States and that of the state of Iowa, and t.hat he will faith- fully discharge the duties of his office ; and shall hold the office for the term to which he is elected, and until a suc- 14. Where the law requires a certain duty to be performed by the board upon a fixed day, and does not expressly forbid its performance later than the date mentioned in the law, as for instance the election of a secretary and a treasurer, an adjournment of the meeting to another fixed date will allow the transaction of the business directed to be done on the day of the regular meeting. 75 Iowa, 196 15. A director is ineligible to the office of secretary or treasurer so long as he remains a member of the board . Section 2758. 1. Any school director is authorized to administer to a school director elect the ofiicial oath required by law, but the secretary cannot admin- ister this oath unless he is one of the many officers empowered by law to adminis- ter oaths. 2. The president of the board must take the oath of office according to article 11, section 5, of the constitution of Iowa, before entering upon the duties of his office. 3. A director elect may take the oath of qualification at any time between the day of election and the close of the third Monday in March. 53 Iowa, 687; 101 Iowa, 382. 4. In case a director elect fails to qualify by the close of the third Monday in March, the incumbent may continue in office, but in order to do so he must qualify anew within ten days from that time. Code, sections 1265 and 1275. 5. If a person who is elected fis his own successor fails to qualify on or before the third Monday in March, a vacincy exists which should be filled by appoint- ment. 6. A person appointed as a member of the b^ard is required to qualify within ten days. Code, section 1275. 7. A director conti lues in office until a successor is elected and qualified, whether chosen by the electors or appointed by the board. Section 1276. 8. Failure to appear at the meeting of the board on the third Monday in March will no«- prevent a qualification being valid if the member elect takes the oath of office before the close of the third Monday in March. 9. When a director is chosen by vote of the electors he is elected for a full term, or to fill the remainder of an ua expired term. Sections 1276 and 1277. 10. When an election is contested, the person elected shall have ten days in which to qualify, after the date of the decision. Code, section 1177. 11. All persons appointed to fill vacancies in office hold until the next meeting of the electors. Constitution of Iowa, article 11, section 6. Code, section 1276. SCHOOL LAWS OF IOWA. 29 cessor is elected and qualified. In case of a vacancy, the office shall be filled by appointment by the board until the next annual meeting. [C. '73, §§ 1752,' 1790; R., §S 2032, 2079 ; C. '51, §§ 1113, 1120.] Sec. 2759. President — employment of counsel. The president of the board of directors shall preside at all of its meetings, sig-n all warrants and drafts, respectively, drawn upon the county treasurer for money apportioned and taxes collected and belonging to his school corporation, and all orders on the treasurer drawn as provided by law, sign all contracts made by the board, and appear in behalf of his corporation in all actions brought by or against it, unless individually a party, in which case this duty shall be per- 12. The failure or refusil of the proper officers to issue a certificate to a per- son duly elected, caaait operate tD deprive sacli psrsoa of his rights. The certifi- cate or commission is the best, but not the only evidaace of an election, and if that be refused secondary evidence is admissible. McJrary on Elections, section l7l. Decisions, 8. 13. The right or title to hold office cannot bs determined by an appeal to the county superintendent. The proper remedy for any person aggrieved by the action of the board relating thereto is a petition to the district court. Code, sections 4313-4320. Decisions, 8. 14. It is the exclusive province of the courts to determine questions with relation to any vote of a school meeting or with relation to the choice of mem- bers of the board or of officers of the board. Decisions, 17. 15. While a board may use its own judgment as to who shall or who shall not be received as a mimbsr of the board, any one aggrieved has his remedy through the courts; that is, the membership of the board is not finally determined by any action of the board. Section 2759. l. A president whose term as director has expired may take no further part in the board, even though a new president has not been chosen. 2. The president has the right to vote on all questions coming before the board. If by such vote a tie is produced, the mocion is lost. Section 2757. 3. When the board is without a president, a temporary president may be appointed from the members of the board, who during the time he is acting as president, may sign orders and contracts and do all other acts proper to be done by the president, but he is not authorized to act except when the board is in session . 4. The secretary is the custodian of the order book. He fills out the orders, which the president afterward signs. 5. To be valid, an order must express upon its face the fund on which it is drawn, and name the purpose for which it was issued. Section 2762. 6. The failure of an officer to attach his official title to his signature will not affect the instrument so far as the district is concerned, provided the writing was authorized, and made for the district, and this fact can be shown. 7 Iowa, 509, and 11 Iowa, 82. 7. Unless the fact that official approval was authorized can be shown, per- sonal liability may follow. 59 Iowa, 696. 8. An order on the treasurer may be signed only by authority of the board. 9. The expenses in suits provided for by this section should be paid irom the contingent fund. 10. Appeals to the county superintendent or superintendent of public instruc- 30 SCHOOL LAWS OF IOWA. formed by the secretary. In all cases where actions may be instituted by or against any school officer to enforce any provision of law, the board may employ counsel, for which the school corporation shall be liable. [19 G. A., eh. 46; C. '73, §§ 1739-40; R, §§ 2039-40; C. '51, §§ 1122-3, 1125.] Sec. 2760. Bonds of secretary and treasnrer. The sec- retary and treasurer shall each give bond to the school cor- poration in such penalty as the board may require, and with sureties to be approved by it, which bond shall be filed with the president, conditioned for the faithful performs loe of his official duties, but in no case less than five hundred dollars. Each shall take the oath required of civil officers, wnich shall be indorsed upon the bond, and shall complete his qualifica- tion, are not actions brought by or against the district, nor are they actions brought by or against any of the school officers, within the meaning of the law, and no charge can be made against the district for attorney fees. 36 Iowa, 411. 11. The president does not have authority to bring suits in the name of the corporation on his own motion. 85 Iowa, 387. 12. Service of notice may be made on either the president or the secretary. Code, section 3531. Section 2760. 1. The law requires all official bonds to be secured by at least two sureties who are freeholders, and whose aggregate property is double the amount of the bond, the oath of office to be subscribed on the back of the bond, or attached thereto, and the sureties to make affidavit that they are worth the amount named. Form 17. 2. At least two sureties are required, who must be resident freeholders of this state, and each of whom must make an affilavit as surety. Code, sec ions 358 and 359. Both the principal and sureties must qualify before some one empowered to a-l minister oaths. 3. If the treasurer is re-elected, or continues in office by reason of failure to elect a successor, his bond must be renewed and he should produce and account for the funds in his hands, and the statement of such settlement should be endorsed upon his new bond before the same is approved by the board. Code, section 1193. 4. The treasurer of a school district is absolutely liable for all money coming into his hands by virtue o£ his office 40 Iowa. 130; 37 Iowa, 550; 80 Iowa, 497. 5. As the bonds of the secretary and the treasurer must be approved by the board, no member should become surety for one of these officers. 6. Any officer whose duty it is to give bonds for the proper discharge of the duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is liable to a fine. Code, section 1197. 7. A board approving bonds known to be insufficient, does not discharge the duty incumbent upon it, and is 1 able on a charge of misdemeanor. 14 Iowa, 510, and 18 Iowa, 153. Code, section 4904. 8. Any officer or board who has the approval of another officer's bond, when of the opinion that the public security requires it, upon giving tea day's notice to show cause to the contrary may require him to give such additional security by a new bond, within a reasonable time to be prescribed. Code, section 1281. 9. By petitioning the board, a surety may ask to be relieved from his obliga- tion on a bond. Code, sections 12e3-1285. 10. The board of directors is not bound to notify or warn sureties of the dis- honesty of a re-elected treasurer. 81 N. W. , 241. Ir SCHOOL LAWS OF IOWA. 3^ tion within ten days. In case of a breach of the bond, the president shall brin^ action thereon in the name of the school corporation. 1 15 G. A., ch. 27; C. '73, §§ 1721, 1731 ; R., §4 2035. 2037, 2076; C. '51, § 1144.] Sec. 2761. Duties of secretary. The secretary shall file and preserve copies of all reports made to the county super- intendent, and all papers transmitted to him pertaining to the business of the corporation ; keep a complete record of all the proceedings of the meetings of the board and the voters of the corporation in separate books ; keep an accurate, separate account of each fund with the treasurer, charge him with all warrants and drafts drawn in his favor, and credit him with all orders drawn on each fund ; and he shall keep an accurate 11. All the officers of the board must take the oath of ofl&ce as prescribed by section 5, article 11, of the constitution. See form 57. 12. The secretary and the treasurer have ten days in which to qualify. 13. ^ny association or corporation which does the business of insuring the fidelity of others, and which has authority by law to do business in this state, shaU be accepted as surety upon bonds required by law, with the same force and effect as sureties above qualified. Code, section 1187. 14. Any company engaged in the business of becoming: surety upon bonds shall file, with the clerk of any county in which it shall do business, a certificate from the state auditor that it has complied with the law and is authorized to do business in this state; and should said authority be withdrawn at any time, the state auditor shall at once notify the clerk of each district court to that effect. Code, section 359 Section 2761. 1. A large amount of labor devolves upon the secretary. The fidelity and promptness with which he attends to his duties make his assistance very valuable to the board and the district, and determine, in a large degree, the accuracy and completeness of his annual report to the board and to the county superintendent. 2. It is essential that the record of the proceedings of the board and ot the district meetings should be properly kept. Every transaction should be carefully noted, and the proceedings read and approved. 3. The minutes of a meeting, as recorded at the time by the secretary, must be regarded the best evidence as to the understanding the board had of a subject, at the time the question was voted upon. Decisions, 6, 2^^, 30 and 42 4. The proceedings of any meeting in relation to voting schoolhouse taxes, must be submitted by the secretary, who is the proper custodian of the records, to the board, to form the basis of its action in apportioning and certifying school- house taxes to the board of supervisors. 5. The failure of the secretary to record all the proceedings of the board and of the district meetings in separate books, kept for that purpose, will not render the proceedings void. 8 Iowa, 298. 6. Public records are public property, and are open to inspection at proper times by any citizen. No public officer may refuse examination of the records, but as he is their custodian , and is charged with their safe keeping, he must keep them in his possession. 7. Every officer having the custody of a public record or writing is bound to give any person, on demand, a certifir d copy thereof on payment of the legal fees therefor. Code, section 4638. 8. The secretary may not act as president or treasurer of the board. 9. As the secretary is the clerical officer of the board, and cares for the records 'S2 SCHOOL LAWS OF IOWA. account of all expenses incurred by the corporation, and present the same to the board for audit and payment. At the annual meeting" he shall record, in a book provided for that purpose, the names of all persons voting- thereat, the number of votes cast for each candidate, and for and against each proposition submitted. [C. '73, §§ 1741, 1743 ; R., §§ 2041-2 ; C. '51, § 1128.] Sec. 2762. Warrants. He shall countersign all warrants and drafts upon the county treasurer drawn or signed by the president; draw each order on the treasurer, specify the fund on which it is drawn and the use for which the money is appropriated; countersign and keep a register of the same, showing the number, date, to whom drawn, the fund upon of the district, we think he should act as librarian unless the board selects some other person. Ch. 110, laws of 1900. 10. The secretary is required by this section to keep an account current with the district treasurer. This account, properly kept, will assist the board in its frequent settlements with the treasurer, as required by section 2780. Section 2762. 1. All damands, whether by contract or otherwise, must be approved by the board when in session, before an order may be drawn on the treasurer, and the secretary shall draw no order unless he is authorized to do so by a vote of the board, at a regular or special meeting. Form 19. 2. It is an advantage for the secretary to hold the order book, for by this means he can better keep his records, make the transcript to the treasurer of orders drawn, and more easily make his final report to the board in September. 3. The secretary, president, and treasurer, must conform to the instructions of the board as far as those directions are in accordance with law, but they should not comply with an instruction directing them to do an illegal act. 4. If the board appropriates money to pay its members, or for any other illegal purpose, the president and the secretary should decline to sign the order, and, if drawn, the treasurer should refuse to pay it. 5. A member may nlieve himself of the responsibility of an illegal act of the board, by moving that the ayes and noes be taken, and voting no. Members of the board are not liable to prosecutipn for errors when not shown that they acted in fead faith 69 Iowa, 533. 6. The board may authorize the president and secretary to draw warrants for the payment of teachers' salaries at the end of each school month, upon proper evidence that the service has been performed, but the order for wages for the last month should not be drawn until the full report required by section 2789 is filed in the office of the secretary. 7. School orders issued without a vote of the board or otherwise illegally Issued, although they may be signed by the president and countersigned by the secretary, are not binding upon the district, neither can they acquire validity by being transferred to third parties. If illegal when issued, they are illegal forever. 19 Iowa, 199 and 248. Decisions, 10. 8. An order is not a negotiable paper. It is subject to all equities and defenses to which it would have been subject in the hands of the payee. 22 Iowa, 595; 29 Iowa, 339, and 92 Iowa, 676. 9. An order issued illegally does not acquire validity by transfer. 10. School orders should not be drawn payable on time, nor should any men- tion regarding interest be in the order. An order may not be made payable at any other place than the treasury of the district. SCHOOL LAWS OF IOWA. 33 which it is drawn, the purpose and the amount; and at the March and September meetings furnish the board with a copy of the same. [19 G. A., eh. 46; C. '73, §§ 1739, 1782; R., ^§ 2039, 2061 : C. '51, §§ 1122-3.] ' ?^^ Skc. 2763. Notice of meetings. He shall give ten days' printed or written notice of all meetings of the voters, posted in at least five public places in the corporation, but a notice shall be posted at the door of each schoolhouse, also at or near the last place of meeting, and each notice shall state, the date, hour and place of meeting, and the object. ["18 G. A., ch. 59; C. '73, §§ 1742, 1822; K, § 2043; C. '51, § 1129. Sec. 2764. Register of persons of school age. He shall, between the first day of September and the third Monday in September of each year, enter in the book made for that pur- 11. 'The registry of orders is an important matter. Every order drawn should be promptly reported to the district treasurer, as he has no other means of deter- mining the amount of outstanding orders, and otherwise cannot comply with the law requiring him to make partial payments. Section 2768 and form 20. Section 2763. 1. The statutory mode of computing time excludes the day on which the notice is posted, and includes the day of meeting. 61 Iowa, 303. Code, section 48, subdivision 23. Forms 10 and 13. 2. Failure to comply with the law with respect to the notice, does not invali- date the proceedings of the meeting if regular in other respects. 3. It follows that notice through the newspapers or any other notice than as named in the law, will not take the place of the kind of notice required by the law, given in the manner indicated. 4. The posting up or service of any notice or other paper required by law may be proved by the affidavit of any competent witness attached to a copy of said notice or paper and made within six months of the time of such posting up. Code, section 4681. Section 2764. 1. The law intends that no part of the enumeration shall be taken before the first day of September. 2. The number of persons of school age can be obtained only by a careful and conscientious census. It includes all persons between five and twenty-one years having a residence within the district, even if married. Form 21. 3. Each district deserves credit for every one of proper age, but is entitled to no more. It is obvious that a guess or estimate regarding even a single indi- vidual is to be avoided. 4. In independent districts it is the duty of the secretary to take the annual school enumeration required by the first clause of this section, unless the board assigns the duty to another person. In any case proper extra compensation should be given for the work required, if the district is a large one 5. In districts formed of parts of two or more counties, the secretary should make the annual report to the county superintendent of the county in which a majority of the children reside. This report should not include those children who reside in portions of the district lying in other counties. The remaining number of children should be reported by the secretary to the superintendents of the other counties having territory in such district. 6. Every person between five and twenty-one should be enumerated where he resides. A child in one of the charitable or reformatory institutions temporarily, and whose parents reside in another part of the state, or in another school dis- trict, is a resident of the district in which his parents reside, and should be 3 34 SCHOOL LAWS OF IOWA. pose, the name, sex and age of every person between five and twenty-one residing in the corporation, together with the name of the parent or guardian. Sec. 2765. Reports. He shall notify the county superin- tendent when each school is to begin and its length of term, and, within five days after the third Monday in September of each year, file with the county superintendent a report which shall give the number of persons in the corporation, male or female, of school age, the number of schools and branches taught, the number of scholars enrolled and average attend- ance in each school, the number of teachers employed and the average compensation paid per month, distinguishing the sexes, the length of school in days, and the average cost of tuition per month for each scholar, the text-books used, num- ber of volumes in library, the value of apparatus belonging to the corporation, the number of schoolhouses and their esti- mated value, the name, age and postoflSce address of each deaf and dumb or blind person in the corporation between the ages of five and twenty-one years, and this shall include those who are so blind or deaf as to be unable to obtain an educa- tion in the common schools, a like report as to all feeble minded children of and between such ages, and the number of trees set out and in a thrifty condition on each schoolhouse ground. [19 G. A., ch. 23, § 3; 16 G. A., ch. 112, § 1; C. 73, §§ 1744-5; R, § 2046; C. '51, §§ 1127-8.] Sec. 2766. Officers reported. He shall report to the county superintendent, auditor and treasurer the name and postoffice address of the president, treasurer and secretary of enumerated there. If in the institution to remain permanently, having no parents or guardian, his residence is in the district in which the institution is located, and he should be enumerated therein. 7. The actual truth as to the number of school a«;e is what is sought. Any- thing else disturbs the equality which by right exists, and prevents all from receiving exact justice in the apportionments. Section 2765. 1. The name of the teacher should be given, and any other information which will aid the county superintendent in planning his work of visitation, provided for in section 2735. 2. The blanks for the annual report of the secretary are furnished by the state, through county superintendents. The secretary should copy the report required by this section, in the district records. If the original report is filed in his office, it is liable to be destroyed or mislaid, which may prove detrimental to the interests of the district. 3. Every teacher should take great pains to keep very carefully the register required by section 2789, in order that the report required by this section may be made out correctly. By the teachers doing so the secretary will be able to make his annual report with greater ease, and with added accuracy. Section 2766. 1. It is very important that the secretary should file the cer- tificate with the county officers named, immediately after the regular meeting of the board in March and September; otherwise funds belonging to the district may be paid to persons not authorized to receive them . Whenever a change is made the county officers should be notified. Form 22. SCHOOL LAWS OF IOWA. 35 the board as soon as practicable after the qualification of each. [C. '73, § 1736.] Sec. 2767. Certifying tax. Within five days after the board has fixed the amount required for the contingent and teachers' fund, he shall certify to the board of supervisors the amount so fixed, and at the same time shall certify the amount of sehoolhouse tax voted at any regular or special meeting. In case a sehoolhouse tax is voted by a special meeting after the above certificate has been made and prior to tlae first day of September following, he shall forthwith cer- tify the same to the board of supervisors. He shall also cer- tify to such board any provision made by the board of direct- ors for. the pavment of principal or interest of bonds lawfully issued.' [C. '73, §§ 1777, 1823; R, §§ 2037, 2044.] Sec. 2768. Duties of treasurer— payment of warrants. The treasurer shall receive all moneys belonging to the cor- poration, pay the same out only upon the order of the presi- dent countersigned by the secretary, keeping an accurate ac- count of all receipts and expenditures in a book provided for Section 2767. 1. The secretary has no discretion but must certify the tax to the board of supervisors. He should also certify to the board of supervisors any provision made by the board of directors for the payment of principal or interest of bonds lawfully issued Section 2768, 1. The language of this section is very explicit. It makes the treasurer the custodian of all moneys belonging to the district, which effec- tually precludes the idea of dividing the money belonging to any particular fund among the subdistricts. Decisions, 11. 2. The treasurer may payout the funds only on the order of the president, countersigned by the secretary, and the president may not sign an order unless he is authorized to do so by the board. 3. No order shall be drawn on the district treasury, until the claim for which it is drawn has been audited and allowed. Section 2780. 4. In making payment, when there is not sufl&cient money on hand to pay all outstanding orders, one order may not be given preference over another. 40 Iowa, 620. 5. Neither the electors nor the board may authorize the treasurer to loan money belonging to the district. Code, section 4840, as note 10 to section 2769, 6. The treasurer is responsible for all moneys coming into his hands by virtue of his office, even if stolen or destroyed by fire. The board has no authority to release him, unless he accounts in full for all moneys received by virtue of his office. 37 Iowa, 550; 39 Iowa, 9; 40 Iowa, 130, and 80 Iowa, 497. 7. It is generally advisable for the treasurer to deposit the money in some safe and secure bank; but the treasurer and his bondsmen are as fully responsible as they would be if the money is held by the treasurer in person. 8. The spirit of our law forbids the electors to vote sehoolhouse funds to reimburse a treasurer or his bondsmen for a loss of the money belonging to the district. There is no way under the law in which the treasurer and his bondsmen may be released from absolute liability. 9. There is no authority in law for a county treasurer and a district treasurer to keep a part of the sehoolhouse fund separate as a so-called highway fund or library fund . It is obvious that all moneys collected as voted by the electors must belong to the sehoolhouse fund. 36 SCHOOL LAWS OF IOWA. that purpose. He shall register all orders drawn and report- ed to him by the secretary, showing the number, date, to whom drawn, the fund upon which drawn, the purpose and amount. The money collected by tax for the erection of schoolhouses and the payment of debts contracted therefor shall be called the schoolhouse fuad; that for rent, fuel, repairs, and other contingent expenses necessary for keeping the school in operation, the contingent fund; and that re- 10. When possible, it is desirable that the cost of removing and repairing schoolhoases shall be paid from the schoolhouse fund. If there is no schoolhouse fund on hand unappropriated, the expense of removal, if not too considerable, may be paid from the contingent fund. 11. Contingent fund may be used to erect a flag staff upon the schoolhouse or a flag pole upon the school grounds for the purpose of displaying a school flag. 12. Minor improvements, such as the erection of ordinary outhouses, storm caves, fences, and the like, may be paid for from either the contingent or the schoolhouse fund. 13. Ordinary repairs should be charged to the contingent fund; but when such repairs assume the magnitude of a rebuilding, or of an extensive addition, they should-be charged to the schoolhouse fund. 14. Any unappropriated schoolhouse fund in the district treasury may be used for the erection or repair of schoolhouses, at the discretion of the board, without action of the electors. 15. The cost of seating new schoolhouses should be paid from the schoolhouse fund. The law does not authorize the use of the contingent fund for the erection or complet o i of schoolhouses, but when a house needs reseating or other repairs, the cost may be defrayed either from the contingent fund, or from any unappro- priated schoolhouse fund in the treasury. 25 Iowa, 436. 16. The term school furniture, as generally used in our state, means school desks, tables, chairs, and such similar articles as are closely related to making the schoolhouse more suitable for its use as a schoohouse ; school apparatus has been understood to include the articles mentioned in section 2783, or such similar articles as would clearly come under the same designation for use in the schools for the purposes of instruction. 17. Boards have no authority to transfer money from one fund to another, even temporarily, unless they are authorized by the electors under section 2749, sub- section 5, to transfer any surplus in the schoolhouse fund to another fund. Notes 3 and 4 to section 2810. 18. The teachers' fund should not be divided among the subdistricts, equally, according to the number of children, or upon any other basis. This fund can be paid out only to teachers for services, upon orders authorized by the board. 19. The treasurer shall pay no order which does not specify the fund on which it is drawn, and th« specific use to which the money is applied. 20. Tuition fees collected from n -nresidents belong to the teachers' fund 21. No part of the teachers' fund may be used for any other purpose than to pay teachers or to pay tuition of pupils attending school in another district under section 2803 ; except the amount withheld from the apportionment for the purchase of library books . 28 G . A . , ch . 1 10 22. The law requires both the secretary and the treasurer to keep a register of all orders drawn on the district treasury, containing a record of each item enumer- ated. Form 26. 23. The board has no authority to make a contract by which school orders SCHOOL LAWS OF IOWA. 37 ceived for the payment of teachers, the teachers' fund; and he shall keep a separate account with each fund, paying no order that fails to state the fund upon which it is drawn and the specific use to which it is to be applied. Whenever an order cannot be paid in full out of the fund upon which it is drawn, partial payment may be made. All school orders shall draw lawful interest after being" presented to the treasurer and by him endorsed as not paid for want of fund-i. [C. '73, §§ 1747- 50; R., §§ 2048-50; C. '51, §§ 1138-40.] Sec. 2769. Financial statement. He shall render a state- ment of the finances of the corporation whenever required by the Iboard, and his books shall always be open for inspec- tion. He shall make an annual report to the board on the third Monday in September, which shall show the amount of shall draw interest before their presentation nor a higher rate than six per cent. 90 Iowa, 53. 24. It is essential that the treasurer should know the exact amount of out- standinsf orders, and for this reason the secretary is required to report to him all orders drawn on the district treasury. Section 2768. 25. The register provided for in this section is indispensable to the treasurer, under the law requiring him to make partial payments on orders when he has not funds sufficient to pay them in full. 40 Iowa, 620. 26. The treasurer may rightly object to paying an order that is defective in any of the particulars named. It is especially essential that the purpqse for which the order was given shall bs written in the order. The stub in the order book should also be propsrly filled out and carefully preserved. 27. The provision as to partial payment applies to all orders on that fund. The holder of an order drawn to pay a judgnent cannot insist on its being satisfied in full to the exclusion of ocher orders. 40 Iowa, 620. 28. By keeping a correct account of the orders, as by form 20, the treasurer will know the amount outstanding, and can readily determine what per cent on each he can pay with the funds on hand. When requested by the holder, he should indorse an order so that the amount remaining unpaid may draw legal interest. 29. Whenever partial payment is made, the treasurer should indorse the pay- ment on th» order and take a receipt for the amount paid. When paid in full, the order should, in all cases, be indorsed by the person presenting it, and left with the treasurer. It is then a voucher for the amount paid. 30. The remedy of any one holding an order which the treasurer refuses to pay or indorse is application to a court for a writ to compel such officer to make pay- ment. At the final hearing before the court it will be definitely determined whether the order is of such character that it should be either paid by the treasurer or indorsed by him as not paid for want of funds. Section 2769. ] . The interest and protection of the taxpayers require that such settlement should be made at least twice a year, and more frequently if deemed necessary, and the settlement at the end of the term requires that the funds and property shall be produced and fully accounted for, and Ihat these facts should be indorsed upon the new bond of the treasurer, if he is re-elected. Code, section 1193, quoted in note 8 below. 69 Iowa, 269; 91 Iowa, 198, and 110 Iowa, .S8. 2. The outgoing treasurer and his bondsmen have a right to expect and to require that the board shall make a complete settlement, and the treasurer may demand and receive written evidence that such settlement is complete. 110 Iowa, 53. 38 SCHOOL LA.WS OF IOWA. the teachers' fund, the contingent fund, and the schoolhouse fund held over, received, paid out, and on hand, the several funds to be separately stated, and he shall immediately file a copy of this report with the county superintendent. [16 G. A., ch. 112, § 2; C. 73, § .1751; R, § 2051; C. '51, § 1141.] 3. The responsibility of the treasurer and his bondsmen to the district is absolute, and it rests with the treasurer to deposit the money in a bank, or not, as may seem best to him. 4. It is not within the power of even the electors to release the board or its officers from their obligation to protect the funds of the district. 5. The sureties on an official bond may be held for three years from the time that it is presumed an irregularity occurred. Code, section 3447. 91 Iowa, 198. 6. The vouchers of the treasurer should not be destroyed until after three years from the expiration of a term of office. The stub books of the secretary should also be retained, and not destroyed until after several years. 7. In making settlement, the board may submit a difference with the treas- urer, to arbitration. 70 lovva, 65 8. When the incumbent of the office of secretary or treasurer is re-elected, he shall qualify anew, as directed by section 2760 of the Code, and when the re-elected officer has had public funds or property in his control, under color of his office, his bond shall not be approved until he has produced and fully accounted for such funds and property to the proper person to whom he should account therefor; and the officer or board approving the bond shall indorse upon the bond, before its approval, the fact that the said officer has fully accounted for and produced all funds and property before that time under his control as such officer. Code, section 11&3. 110 Iowa, 58. 9. When it is ascertained that the incumbent is entitled to hold over by reason of the non-election of a successor, or for the neglect or refusal of the successor to qualify, he shall qualify anew, within ten days. Code, section 1275. 10. If any state, county, township, school or municipal officer, or officer of any state institution, or other public officer within the state, charged with the collec- tion, safe keeping, transfer or disbursement of public money or property, fails or refuses to keep the same in any place of custody or deposit that may be provided by law for keeping sach money or property until the same is withdrawn there- from as authorized bylaw, or keeps or deposits such money or property in any o*her place than in such place of custody or deposit, or unlawfully converts to his own use in any way whatever, or uses by way of investment in any kind of prop- erty, or loans without the authority of law, any portion of the public money intrusted to him for collection, safe keeping, transfer or disbursement, or converts to his own use any money or property that may come into his hands by virtue of his office, he shall be guilty of embezzlement to the amount of so much of said money or the value of so much of said property as is thus taken, converted, invested, used, loaned or unaccounted for, and shall be impris:)ned in the peni- tentiary not exceeding ten years, and fined in a sum equal to the amount of money embezzled or the value of such property converted, and shall be forever after disqualified from holding any office under the laws of the state. Any such officer who shall receive any money belonging to the state, county, township, school or municipality or state institution of which he is an officer shall be deemed to have received the same by virtue of his office, and in case he fails or neglects to account therefor upon demand of the person entitled thereto, he shall be deemed guilty of embezzlement, and shall be punished as above provided. Code, section 4840. SCHOOL LAWS OF IOWA. 39 Sec. 2770. Surrendering ofB.ce to successor. Each school officer, upon the termination of his term of office, shall immediately surrender to his successor all books, papers and moneys pertaining or belonging to the office, taking a receipt therefor. fC. '73, § 1791; R.. § 2080.] Sec. 2771. Quorum of board — filling vacancies. A major- ity of the board of directors of any school corporation shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. Vacancies occurring among the officers or members shall be filled by the board by ballot, abd the person receiving the highest number of votes shall be declared elected, and shall qualify as if originally elected or appointed. When the board is reduced below a quorum, by resignation or otherwise, the secretary of the board shall call a special election to fill the vacancies, giving notice in the same manner as for the annual meeting on the second Monday in March. [28 G. A., ch. 106; 24 G. A., ch. 19; C. 73, §§ 1730, 1738; R., §§ 2037-38.] 11. The blanks for the annual report of the treasurer are furnished by the state, through the county superintendents. 12. Treasurers should not fail to mail a copy of their annual report at once to the county superintendent, as only by timely attention on the part of the treas- urers, can the county superintendent compile and forward his annual report to the superintendent of public instruction, on the first Tuesday in October. Section 2770. The language of this section includes copies of the school laws, reports, and all other publications which may be received by virtue of being a school officer. Section 2771. 1. In the absence of a direct provision of law, or of a by-law requiring a majority vote of all the board, a majority of the votes of a quorum will carry a measure. 2. Boards have no authority to remove any member or officer of the board. Such removal may be made only by the courts. Code, section 1251. 3. Wilful neglect to perform duty is a misdemeanor. Code, sections 4904 , 4906. 4. If a director habitually or wilfully neglects the duties of his office he may be compelled by mandamus to perform them. Section 2822. 50 Iowa, 648. 5. A vacancy can be created only by death, removal, resignation, or failure to elect at the proper election, there being no incumbent to continue in office. Code, section 1266. A failure to elect or qualify does not create a vacancy, for the incumbent, whether elected or appointed, continues in office "until his suc- cessor is elected and qualified." Code, section 1265. If the incumbent does not qualify, a vacancy exists. 6. School directors may resign at any time. A verbal or written resignation may be tendered to the board when in session, or a written resignation may be handed to some member to be presented at a subsequent meeting, for acceptance by the board. 7. If a subdistrict is divided, so as to form a new one, the resident director will continue to act as though no change had been made, until the following sub- district election. Code, section 2801. 8. If a person without the requisite qualifications, is elected a member of the board and acts with the board, being a member de facto, his acts will be valid, but when his disqualification becomes known, the board shall declare the place vacant and appoint his successor. 23 Iowa. 96. 70 Northwestern Reporter, 592. 40 SCHOOL LAWS OF IOWA. Sec. 2773. Temporary officers— course of study — regula- tions. The board shall appoint a temporary president and secretary, or either of them, in the absence of the reguhir officers, and shall prescribe a course of study for the schools of the corporation, make rules and regulations for its own government and that of the directors, officers, teachers and pupils, and the care of the schoolhouse, grounds and proper- ty of the school corporation, and aid in the enforcement of 9. A board may ratify or adopt such acts of officers de facto as the law would permit officers de jure to perform. Section 2772. 1. The board of every district should adopt a carefully pre- pared course of study, to which the electors may add other branches. This department recommends and urges that the state course of study which has been published and used for about ten years be adopted in all the ungraded schools. 2. The law does not prescribe clearly the several branches that shall be taught in the public schools, further than to require most teachers to be qualified to teach certain branches enumerated. Section 2736-37. 3. It is plainly implied that the common branches, including music, are to be included in every course of study. 4. The board of every district has the right to include drawing, or any other branch, in the course of study. 5. It is the province of the electors to decide what branches beside those named by the board shall be included in the course of study and taught in the schools. 6. If it is desired that higher arithmetic, or any other advanced study, snail be taught in one or more schools in the district, the board should include such branch in the course of study for such school or schools. 7. The electors may not limit nor restrict the board as to a course of study. The most that the electors may do is to compel the board to provide for giving instruction in the branches ordered by the electors to be taught during the year. 8. The board of directors may adopt rhetorical exercises as a part of the course of study, and teachers and scholars will be governed thereby. Graduating exercises are a part ot the course of study and the board may direct what exercises shall be held in connection with the closing days of school. 9. In mixed schools a close classification is very desirable. Time is saved, larger classes are secured, and the efficiency and discipline of the school are promoted by such plan. 10. A condition may exist when for a short time a board may be compelled to provide by regulation that certain pupils shall attend only one-half of the day, and others of the same grade the other half. But such arrangement should not be a permanent one. 11. A board is discharging the duty incumbent upon it to provide equal school facilities for all when it does the very best possible to overcome difficulties, and leaves nothing undone which it might properly be expected to do. 12. Legally speaking, the management of the schools in every essential respect is entirely within the control of the board. Teachers and scholars are governed by the reasonable rules and regulations adopted by the board. In the absence of a rule upon any special subject the action of a teacher is supposed to be in effect the act of the board until such action is set aside or disclaimed by an order of the board directing otherwise. Decisions, 15, 32. 13. Each board has exclusive control of the schoolhouses in its district, unless the school township meeting has otherwise ordered. SCHOOL LAWS OF IOWA. 41 the same, and require the performance of duty by said persons not in conflict with law and said rules and regulations. \C '73 §§ 1730, 1737; R., § 2037.] ' ' Sec. 2773. Schoolhouse site— division of district— iength of school. It may fix the site for each schoolhouse, taking into consideration the geographical position, number and con- venience of the scholars, provide for the fencing of school- house sites, determine the number of schools to be taught, divide the corporation into such wards or other divisions for school purposes as may be proper, determine the particular Section 2773. I. The power to locate sites for schoolhouses is vested, origi- nally, exclusively in the board. This authority should be exercised with great care, and without prejudice Decisions, 25 and 33. 2. The wishes of the people, for whom the house is designed, should be con- sulted as far as practicable, taking into account prospective as well as present convenience. Decisions, 17, 21 and 59. 3. A vote of the electors upon matters which by the law are to be determined by the board, is not binding upon the board, but is only suggestive to it. In such matters the board will still be left free to exercise the large discretion vested in it by the law. 4. The location of schoolhouse sites is an exclusive prerogative of the board. The e ectors may not definitely limit a board by vote or instructions. If, however, taxes or bDnds have been voted to build upon a particular site, the board may not disregard such vote. 100 Iowa, 317. Decisions, 17. 5. A suggestion from the electors should be taken into account by the board and given such weight as there is value in the reasons upon which the expressed wish of the electors is based. 6. The board is required to exercise its official judgment in making the loca- tion best suited to the needs of all the people in the district. The bearing of the law is the same in all districts. 7. There is nothing in the law fixing a standard as to what is to be considered a reas{>nable distance for children to travel to school. Attendance in an adjoin- ing distrct under such circumstances as to secure the payment of tuition to the adjoining district is governed by the provisions of section 2803. Decisions, 96. 8. There are many ©bvious reasons why a schoolhouse site should not be located away from the highway. It is highly desirable that the necessary high' ways to a new site should be open before a schoolhouse is placed upon such site. 9. The removal of a schoolhouse to another site within the same subd'strict is entirely within the control of the board, and a vote of either the electors of the subdistrict or of the school township will be only suggestive. 81 Iowa, 335. 10. A road to the schoolhouse may be established in the game manner and by the proceedings provided for tbe vjstablishment of highways in general, and when the damages have been assessed, the district may pay the same. Sections 1482-1517. 11. The expense that is intended shall be paid by the district is not more than that of surveying, locating and establishing the highway. The building of bridges and the repair of the road with the funds of the district would not be warranted by the law. 12. After a highway has become legally established it is wholly and entirely under the control of the board of supervisors. Code, section 1482. 13. The removal of a schoolhouse from the subdistrict must be first ordered by the electors, at the township meeting. Decisions, 13 42 SCHOOL LAWS OF IOWA. school which each child shall attend, and designate the period each school shall be held beyond the time required by law. Every school shall be free of tuition to all actual residents 14. As a change of boundaries between subdistricts does not take effect until the subdistrict meeting in March, the board may not move the schoolhouse to accommodate the proposed new conditions, until after that time. 15. If possible, the district should own the sites. A perfect title should be secured, and the warranty deed recorded, before commencing to build. 16. The property should be conveyed to the district in its corporate name. The deed should be recorded and afterwards filed with the president. Form 28. 17. A public square, of a town located wholly within an independent district, may be transferred to such district for school purposes. Code, sections 931-932. 18. In purchasing the grounds for schoolhouse purposes the president should require an abstract of title and satisfy himself that the property is free from incumbrance. 19. The site should contain not less than one acre of ground, ordinarily, and this exclusive of highway. Section 2814. 20. The provisions of section 2814 do not apply when the site is purchased. 21. The law does not provide the number to be accommodated by a new house in order that one may be built. Decision, 46. 22. There is nothing in law to prevent the erection of more than one school- house in a subdistrict. 69 Iowa, 533. Decisions, 46. 23. It is the duty of all boards of school directors in school districts where the schoolhouse site adjoins the cultivated or improved lands of another, to build and maintain a lawful fence between said site and cultivated or improved lands; and the owner of lands adjoining any schoolhouse site shall have the right to connect the fence on his lands with the fences around any schoolhouse site, but he shall not be liable to contribute to the maintenance of the fence around said site. 27 G A., chapter 88. 24. Section 2357 of the code defines a lawful fence. The same section pro- vides that a partition fence may be made tight by the party desiring it. 25. Any question upon which there is a difference of opinion between parties should be submitted to the township trustees, who act as fence viewers, and deter- mine matters in controversy. Section 2367. 26. The property of school districts in cities and towns is not exempt from special taxation, for improvement of streets and laying of sidewalks. 55 Iowa, 150. 27. In an extreme case it may be necessary to bring an action in the name of the state before a peace officer against any person or persons wilfully or unlaw- fully persisting in trespassing upon the schoolhouse grounds or wilfully mterfering with or disturbing the quiet and uninterrupted progress of a public school. 28. If any tramp or vagrant, without permission, enter any schoolhouse or other public building in the nighttime, when the same is not occupied by another or others having proper authority to be there, or, having entered the same in the daytime, remain in the same at night when not occupied as aforesaid, or at any time commit any nuisance, use, misuse, destroy or partially destroy any private or public property therein, he shall be imprisoned in the penitentiary not more than three years, or be fined not exceeding one hundred dollars and imprisoned in the county jail not more than one year. Code, section 4793. 29. The board should require from parties desiring to use the schoolhouse, security for its proper use and protection from other injury than natural wear. 30. It is proper to permit the use of schoolhouses for the purpose of public worship on Sunday, or for religious services, public lectures on moral or scientific subjects, or meetings on questions of public interest, on the evenings of the week. jmm' SCHOOL LAWS OF IOWA. 43 between the ages of li\^e aad twenty -one years, and each school regularly established shall continue for at least twenty-four weeks of ^ve school days each, in each school year commencing the third Monday in March, unless the county superintendent shall authorize the board to shorten this period in any one or more schools, when in his judgment there are sufficient rea- or at any time when such use will not interfere wiih the regular progress of the school. 35 to wa, 194. 50 Iowa, 11. 31. It is not in accordance with the meaning of the law and the decisions of the courts to allow a schoolhouse to be used for a purpose requiring an admission fee. This does not prevent a contribution being taken, but we think free admis- sion should not be denied. 32. It is believed that no discrimination should be ma-^e as to who may attend meetings held in a schoolhouse. To make membership in a particular society a test for attendance upon the meeting would seem to be in conflict with the inten- tion of the law. 33. The use of a public school building for Sabbath-schools, religious meet- ings, debating clubs, tempsrance meetings, and the like, is proper. Especially is this so where abundant provision is made for securing any damages which the taxpayer may sufiEer by reason of the use for the purposes named. The use of a schoolhouse for such purposes, when so authorized, is not prohibited by section 3, article 1, of the constitution. 50 Iowa, 11 34. In precincts outside of cities and towns the election shall be, if practicable, held in the public school building, for the use of which there shall be no charge, but all damage to the building or furniture shall be paid by the county. Code, section 1113. 35. If any person wilfully write, make marks or draw characters on the walls or any other part of any church, college, academy, schoolhouse, courthouse or other public building, or on any furniture, apparatus or fixtures therein; or wilfully injure or deface the same, or any wall or fence inclosing the same, he shall be fined not exceeding onie hundred dollars, or imprisoned in the county jail not more than thirty days. Code, section 4S02. 36. If any person wilfully disturb any assembly of persons met for religious worship by profane discourse or rude and indecent behavior, or by making a noise, either within the place of worship or so near as to disturb the order and solemnity of the assembly, or if any person wilfully disturb or interrupt any school, school meeting, teachers' institute, lyceum, literary society or other lawful assembly of persons, he shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. Section 4959. 37. There are no holidays duriog which teachers are exempted by the law from teaching, unless excused by the board. A legal contract requires twenty days of actual service for a month. 38. In this state, by comaion consent and universal custom, New Year's Day, Memorial Day, Fourth of July, Labor Day, Christmas, and any day recommended by the governor or the president as a day of thanksgiving, are observed as holidays. 39. It is the commendable custom with very many boards, to allow teachers and scholars the so-called holidays, and to pay the teachers as if those days had been taught. 40. There is no provision of law giving tea-hers time to visit other schools. Boards often grant teachers this privilege, under proper restrictions. 41. By consent of the board, an occasional Saturday may be taught. But as five days are a school week, the practice is not to be commended. 44 SCHOOL LAWS OF IOWA. sons for so doing. No school shall be in session during the time of holding a teachers' institute except by written per- mission of the county superintendent. [19 G. A., ch. 172, § 21; 42. If no action has been taken by the board and the contract contains no pro- vision relating to the matter, the custom prevailing in that school will probably govern as to the matter of beginning and closing school re<^sions, intermissions, and other like particulars. It is well for the board and the teacher to have an agreement in matters of this kind. 43. While the written law does not specify the length of a school day, almost universal custom has made it six hours. The board has the power to shorten this time somewhat if thought- best. If no action has been taken by the boaid, and a contract contains no provision relating to the matter, the custom prevailing in the district will probably govern. 44. It is within the power of the board to extend the hours of school within reasonable limits, and when necessary it may maintain a night school. No person may receive pay from the funds of the district for giving instruction outside of the school hours fixed by the board nor for teaching without a certificate. Section 2788. 45. It is entirely within the discretion of the board to determine the number of months of school, the time when schools begin, the length of term, and the time and length of vacations. 46. As regards the length of time during which schools are to be taught, twenty-four weeks is the minimum. The maximum is unlimited, except as by section 2806, limiting the amount of taxes for contingent and teachers' fund. 47. The regular schools of the district should be kept in session an equal num- ber of months, unless the time is shortened or the school closed with the consent of the county superintendent. 47 Iowa, 11. 48. A suggestion or vote of the electors upon any of these matters will have no binding force upon the board, but such suggestions may be given such weight by the board as their importance demands. 49. Attendance is not necessarily governed by subdistrict lines. The board may determine what school in the township children shall attend, without regard to the boundaries of subdistricts. 50. Subdistrict lines determine who may vote for director of the subdistrict, and also fix the limits of taxation, if the voters of a subdistrict vote a schoolhouse tax upon the subdistrict. 51. Usually and naturally in school townships the subdistrict will form a suit- able division for attendance. But to determine where children shall attend, the board may fix other limits than subdistrict lines. 52. Poor children, when cared for at the poor-house, shall attend the district school for the district in which such house is situated, and a ratable proportion of the cost of the school, based upon the attendance of such poor children to the total number of days' attendance thereat, shall be paid by the county into the treasury of such school district, and charged as part of the expense of supporting the poor- house. Code, section 2249. 53. If a board does not maintain a school and does not secure the release from the county superintendent, then anyone legally interested may apply to a court for a writ to compel the board to perform its duty in the matter and to supply school priv leges. 51. The board may establish more than one school when necessary for the accommodation of the children, subject to the limitations in section 2806. 55. The board has power to provide for a longer period of school than twenty- SCHOOL LAWS OF IOWA. 45 17 G. A., eh. 54; 15 G. A., ch. 57; C. '73, §§ 1724, 1727, 1769; R, §§2023, 2037.] Sec. 2774. Renting room— instruction in other schools- transportation of children. It may, when necessary, rent a room and employ a teactier, where there are ten chiLdrea for whose ac5e the/ shall be absent or tardy a certain number of times with.n a fix3d period, except for sickness or other unavoidable cause. 31 Iowa, 562. 62. The parent ha:s no right to interfere with the order or progress of the school by detaining his child at home, or by sending him at times that prove an annoyance or hindrance to others. 31 Iowa, 552. 63. If the effects of acts done out of school hours reach within the schoolroom during school hours, and are detrimental to good order and the best interests of the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 64. We believe our courts will sustain boards in recognizing flagrant offenses having a direct and immediate tendency to injure the sch'^ol, to brmg contempt upon the teacher, or to subvert the authority of the board, even though sAich offenses may be committed away from the school grounds, and out of school hours. And if boards find it necessary in their opinion, to adopt and enforce reasonable regulations in such cases, we believe their action will not be interfered with. 65. The law does not provide that the board is compelled to give scholar or parents notice or chance for defense, before ordering suspension or expulsion of the scholar. The board has large discretionary powers. This is one of the matters wholly within its discretion. But it would be well for the board care- fully to investigate the charges, before dismissing any scholar. Decisions, 32 and 91. 66. For good cause, a teacher may suspend without fixing the time, notice being also at once given to the board. 67. Suspension is the se\ a ation of the scholar Irom the sch3ol for a limited time, and it may be either for Dad conduct, for unnecessaiy absence or tardiness, or as a sanitary measure. 68. The period of time fixed by the board during which suspension or expul- sion shall be in force, should be clearly indicated in the voce of the majority of the board, as spread upon the records. Conditions upon which earlier readmission is provided for, may very properly be given in the same connection. 69. The true idea is to bring all within the salutary influence of the school, and to drive none out, but cases sometimes occur in which it becomes necessary for the board to protect the rights of the many by excluding a scholar whose presence and example are a constant menace to the successful progress of the school. 70. The teacher has control over scholars during school hours, subject to the regulations of the board. He may require a scholar to remain in his seat dur- 58 SCHOOL LAWS OF IOWA. superintendent, as above provided, he may be re-admitted by such teacher, principal or superintendent, but when expelled by the board he may be re-admitted only by the board or in the manner prescribed by it. [Same.] Sec. 2783. Use of contingent fund— free text-books. It may provide and pay out of the contingent fund to insure school property such sum as may be necessary, and may pur- chase dictionaries, library books, maps, charts and apparatus for the use of the schools thereof to an amount not exceeding twenty-five dollars in anyone year for each school room under ing recess as a punishment. However, it is not wise to deprive children to any- great extent, of the exercises necessary to their physical well-being. 71. The teacher has as full control over scholars during recess as at other times within the school hours fixed by the board. 72. The teacher may, for the maintenance of his authority and the enforce- ment of discipline, legally inflict chastisement upon a pupil. The punishment should, however, be inflicted only for some definite offense which the pupil has committed, and the pupil should be given to understand what he is being pun- ished for. 50 Iowa, 145; 45 Iowa, 248. 73. Teachers should exercise watchful care and oversight as regards the con- duct and habits of their scholars, not only during school hours, recesses and intermissions, but also within reasonable limits while they are coming to and returning home from school. 74. For good cause, a teacher may dismiss a scholar from school work with- out fixing the time, and require him to leave the school premises, notice being also at once given to the director or to the president of the board. 75. The teacher is responsible for the discipline of his school, and for the progress and deportment of his scholars. It is his imperative duty to maintain good order and require of all a faithful performance of their duties. If he fails to do so he is unfit for his position. To enable him to discharge these duties effectu- ally, he must necessarily have the power to enforce prompt obedience to his requests. For this reason the law gives him the power, i-" proper cases, to inflict punishment upon refractory scholars. Decisions, 15. 76. In applying correction, the teacher must exercise sound discretion and judgment, and should choose a kind of punishment adapted not only to the offense, but to the offender. Corporal punishment is a severe remedy, and its use should be reserved for the baser faults. Decisions, 14. 77. In 50 Iowa, 145, the suggestion is made that expulsion by the board rather than severe corporal punishment by the teacher, is a good remedy in case of repeated and continuous violation of the rules. 78. In the school as in the family there exists on the part of the children the obligation of obedience to lawful commands, subordination, civil deportment, respect for the rights of others, and fidel ty to duty. These obligations are inher- ent in any proper school system, and constitute the common law of the school. Every scholar is presumed to know this law, and be subject to it, whether it has or has not been by the board placed in the form of written rules .and regulations. Section 2783. 1. This section confers upon all boards the right to insure Bchool property, and this duty should not be neglected. Insurance of school property may be effected either in a stock or mutual company which is legally authorized to do business in the state. Code, section 1759. 2. Purchases of records, dictionaries, apparatus, and similar supplies for the use of the district may not be made by contract under section 2824, but all such articles will be bjught under this section. Note 4 to section 2824. ^ SCHOOL LAWS OF IOWA. 59 its charge; and may furnish school books to indigent children when they are likely to be deprived of the proper benefits of school unless so aided; and shall, when directed by a vote of the district, purchase and loan books to scholars, and shall ])rovide by levy of contingent fund therefor. [26 G. A., ch. 37; 25 G. A-, ch. 34; 21 G. A., ch. 107; 19 G. A., ch. 149, § 1; 0. '73, § 1729.] Sec. 2784. Water-closets. It shall give special attention to the matter of convenient water-closets or privies, and pro- vide on every schoolhouse site, not within an independent city or town district, two separate buildings located at the farthest point from the main entrance to the schoolhouse, and as far from each other as may be, and keep them in wholesome con- dition and good repair. In independent city or town districts, 3. Definite provision should be made by the board for the usual necessary contingent expenses of the schools during the year, before contingent fund is taken to purchase any of the articles named in this section. Section 2768. 4. There can be no doubt that one of the purposes of the school is to teach patriotism to the children. The board may use available contingent funds to pur- chase a flag to be used as apparatus in the schoolroom, on the school building, or upon the school grounds. 5. A purchase of apparatus made with the consent of the board when not in session, is a clear violation of the law. A member of the board who does not wish to become implicated in a transaction discreditable to the board and unprofitable to the district should refuse his consent to such an agreement. 6. Membbrs of boards giving orders for apparatus in their individual capacity assume personal responsibilicy and may thus render themselves liable for payment as individuals. 7. The members of a school board cannot, by a prearrangement or contract entered into when not in session, bind themselves afterwards to ratify or confirm contract or engagement thus entered into. The distinction here is that while a board, in session, may ratify a contract made out of session, the members cannot individually bind themselves to do so. 8. These provisions afford all districts the opportunity to supply free books, so that every child may continuously enjoy the privileges of school. It is believed that if districts will take action in accordance with the spirit of the law, the per- centage of attendance at school can be materially increased, and the usefulness of our schools to all the children, greatly enhanced. 9. Much of the success of free text-books will depend upon the rules and regu- lations adopted by the board to govern the use and care of such books. The board should take more than the usual pains to adopt plain, comprehensive, and effective rules for the guidance of all concerned. Section 2784. 1. This provision of the law requiring it to take special pains with regard to oulbaildiogs is mandatory upon every board. A director may not refuse to carry into effect instructions from the board with regard to such a matter. And a board refusing to give attention to the subject risks a censure from a court if its failure or refusal to provide proper facilities as regards privies or water-closets is brought to the attention of a court. Section 2?22. 2. The last part of the section means that wnen separate water-closets out of doors are included under one roof, then the fence to separate the approaches shall be built in the form directed. When outbuildings are distinct and at a distance from each other, the law does not require the fence to be built. 60 SCHOOL LAWS OF IOWA. where it is inconvenient or undesirable to erect two separate outhouses, several closets may be included under one roof, and if outside the schoolhouse each shall be separated from the other by a brick wall, double partition, or other solid or continuous barrier, extending from the roof to the bottom of the vault below, and the approaches to the outside doors for the two sexes shall be separated by a substantial close fence not less than seven feet high and thirty feet in length. [25 G. A., eh. 3.] Sec. 2785. Duties of director — contracts. The board of directors of a school township may authorize the director of each subdistrict, subject to its regulations, to make contracts for the purchase of fuel, the repairing or furnishing of school- houses, and all other matters necessary for the convenience and prosperity of the schools in his subdistrict. Such con- tracts shall be binding upon the school township only when 3. Every teacher worthy of the name will see to it that this law is observed in its spirit, and will call the attention of the board to any necessity for special attioa on its part. In country districts it is highly desirable that the teacher should carry the keys to the outbuildings, and should bestow no Ifsss of watchful care upon them than is given to the schoolhouse itself. 4. If any person wilfully write, make marks, or draw characters on the walls or any other part of any church, college, academy, schoolhouse, courchouse or other public building, or on any furniture, apparatus or fixtures therein; or wil- fully injure or deface the same, or any wall or fence inclosing the same, he snail be lined not exceeding one hundred dollars, or imprisoned in the county jail not more than thirty days. Code, section 4802. 5. Very much depends upon teachers to determine the manner in which this law is observed, A listless indiflference, a half-hearted activity, a want of confi- dence, will defeat the purpose of the law for the time at least. Serious considera- tion, a high-ramded approbation of its intention, a courageous insistence upon us observance, together with untiring attention and frequent inspection, will make the law a continued success. No conscientious teacher will be irresolute, when the immeasurable interests involved are regarded. 6. Teachers should not hesitate to bring the case of persistent offenders to the attention of the board. As a last resort it may become necessary for the board to invoke the assistance of the peace officers. It sometimes happens that nothing less than the strong arm of the civil authorities is able to compel a respect for law, and a decent regard for the rights of others. No community may justly claim to be a moral people, who knowingly fail to guard and preserve the purity, the morals, and the health, of its children and youth. Section 2785. 1. It is a general statement that nearly all the powers of the director are to be exercised under the regulations of the board. Any person about to contract is bound to know what restrictions have been made, and should be governed accordingly. 2. The director is clothed with certain general powers by this section, but these are to be exercised under the direction of the board. The board must instruct him, for example, as to the extent of repairs, and prices to be pa^d lor same, and the amount and cost of fuel. 3. School officers are possessed of specially defined powers and should attempt to exercise no others, except such as ariss by lair implication from those granted. 110 Iowa, 652. SCHOOL LAWS OF IOWA. gj approved by the president of the board, and must be reported to the board. Each director shall, between the first and tenth days of September in each year, prepare a list of the heads of families in his subdistrict, the number and sex of all chil- dren of school age, and by the fifteenth day of said month 1 eport this list to the secretary of the school township, who shall make full record thereof. The powers specified in this section cannot be exercised by individual directors of inde- pendent districts. [C. '73, §§ 1753-5; R, §§ 2052-3; C. '51, §§ 1124, 1142.1 4. No director has authority to make a ccn tract in behalf of the school town- ship, except under specific instructions of the board. 5. All contracts made by the director must be approved by the president and reported to the board. 6. If a director intentionally violates law he becomes personally liable. 14 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337; and 38 Iowa, 47. 7. If an agent makes a valid contract without authority, he is himself bound thereby. 37 Iowa, 314. 8. It is a violation of law for a board to pay any member of the board for labor as a building committee, for attendance at meetings, or for any other service performed for the district, whether official in character or not. Section 2780. 9. A member may not be employed by the board to oversee the building of a schoolhouse and receive pay therefor, or to act in any like capacity for which he would be paid from the funds of the district. Such engagement is contrary to public policy and clearly illegal. 78 Iowa, 37, and 87 Iowa, 81. 10. It is the duty of the director to file any contract at once with the president of the board, and secure his approval 11. No director has power to bind the district by any contract, unless he is authorized by the board to make such contract. A person making a contract without authority may become himself bound. The president mav not lawfully approve a contract unless it is made in accordance with all the limitations imposed. 12. The approval of the director's contract by the president is a mandatory act, which he cannot refuse to perform, if the contract is made in compliance with instructions from the board, and otherwise conforms to the law. 13. The record book containing the enumeration correctly filled out will be of much assistance to the director each year. Form 34. 14. Children at a state institution, or a private school, should not be enumer- ated, unless they actually reside in the district. 15. The failure of a director to make the report, as required by this section, will reduce the semi-annual apportionments for the year, since they are made upon the enumeration of persons of school age. Note 4 to section 2739. 16. In school townships the secretary should require every director to mal:e this report promptly, and should insist that it be made in writing, and certified to f^e correct. 17. A wilful failure or refusal on the part of the director to make the report to the secretary as required, may be found by the courts to be a misdemeanor. Code, section 4904, and section 2822. 18. In case a director fails to make his annual report as required the secretary should at once collect the statistics necessary for a complete report. The board should insist on promptness in preparing this report, and then should give the secretary a suitable compensation for his lab rs. Section 2764 and 2765. 62 SCHOOL LA.WS OF IOWA. Sec. 2786. Industrial exposition. The board of any school corporation or the director of any subdistrict deeming it expedient may, under the direction of the county superin- tendent, hold and maintain an industrial exposition in connec- • tion with the schools of such district, such exposition to con- sist in the exhibit of useful articles invented, made or raised by the pupils, by sample or otherwise, in any of the depart- ments of mechanics, manufacture, art, science, agriculture and the kitchen, such exposition to be held in the school room, on a school day, as often as once during a term, and not of tener • than once a month, at which the pupils participating therein shall be required to explain, demonstrate or present the kind and plan of the articles exhibited, or give its method of culture; and work in these several departments shall be encouraged, and patrons of the school invited to be present at each exhibi- tion. [15 G. A., ch. 64.] Sec. 2787. Shade trees. The board of each school cor- poration shall cause to be set out and properly protected twelve or more shade trees on each schoolhouse site where such trees are not growing. The county superintendent, in visiting the several schools of his county, shall call the atten- tion of any board neglecting to comply with the requirements of this section to any failure to carry out its provisions. [19 G. A.,ch. 23.] Sec. 2788. Teacher — qualifications. No person shall be employed as a teacher in a common school which is to receive its distributive share of the school fund without having a certificate of qualification given by the county superintend- Section 2787. 1. Trees should be set out on all schoolhouse sites where good, thrifty shade trees are not already growing, whether such site was secured by purchase, by lease, by gift, or by condemnation under sections 2814-2816. 2. County superintendents should not fail to call the attention of boards of directors to the provisions of this section. The annual Arbor Day affords a good opportunity for planting trees and otherwise improving the school grounds. Section 2788. 1. The teacher must have a certificate during the whole term of school. He is not authorized to teach a single day beyond the period named in his certificate, nor to give instruction in any subject which he does not hold a valid credential to teach. In case of a violation of this section the county superin- tendent should promptly notify the ofl&cers of the board. 2. If a person is teaching without a certificate any one interested in a legal sense may apply to a court for a writ to prevent the board from continuing such instruction, and to restrain the board from paying for the same. 3. In an Illinois case a certificate was not obtained until the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the remainder of the term. This was considered an attempt to do indirectly what there was no power to do directly, and therefore the contract was held to be void, as was the original contract. 4. In case of the temporary absence of the teacher, from sickness or other cause, the place should be supplied with some one duly authorized to teach. The supply should be paid by the teacher whose place is filled. SCHOOL LAWS OF IOWA. 63 ent of the county in which the school is situated, or a certifi- cate or diploma issued by some other officer duly authorized by law, and no compensation shall be recovered by a teacher for services rendered while without such certificate or diplo- ma. [C. '73, § 1758; R., § 2062.] Sec. 27S9. Keep register— report. Each teacher shall keep a daily register which shall correctly exhibit the name or the number of the school, the district and county in which it is located, the day of the week, month, year, and the name, age and attendance of each scholar, and the branches taught; and when scholars reside in different districts separate regis- ters shall be kept for each district, and a certified copy of the register shall immediately at the close of the school be filed by the teacher in the office of the secretary of the board. The teacher shall file with the county superintendent such reports and in such manner as he may require. [C. '73, §§ 1759-60; R.,§2062.] 5. In case a person is employed or continued as a teacher in violation of law without a certificate, a resident of the district may sue out a writ of injunction restraining the person from teaching and the district from paying. Boards employing and paying such teachers are liable to prosecution under the provisions of the general statutes for misapplication of funds. Code, sections 4904-4906 and section 2822. Section 2789. 1. Every teacher should take great pains to keep the register required by this section very carefully, in order that the term report may be mace out correctly. By doing so the secretary will be able to make his annual report with greater ease, and with added accuracy. All books and blanks necessary for keeping record of attendance and making reports to the board and to the county superintendent must be furnished by the board. 2. The board may authorize the president and the secretary to draw warrants for the payment of teachers' salaries at the end of each school month, upon proper evidence that the service has been performed, but the order for wages for the last month should not be drawn until the report required by this section is filed in the office of the secretary. Without this register he cannot prepare his annual report as the law directs it to be made. The secretary should carefully examine the register to see whether the record is complete in all respects. Form 36. 3. It is the duty of every board to see that the teachers comply strictly with all requirements made by the county superintendent, as well as with all rules made by the board. Decisions, 47. 4. It is within the power of the board to require such reports from teachers as seem desirable for the information of the board. It may require reports weekly, monthly, by the term, by the year, or all of these together. It is the duty of teachers to comply with the regulations of the board, so far as it is within the power of the teachers to do so. 5. Every teacher in the county may be required to make such reports, agree- ing with the spirit of the law, as the county superintendent may request, in such form and at such reasonable time as the county superintendent may determine. 6. The continued refusal to comply with all uniform and reasonable regula- tions made by the county superintendent, or by the board, on the part of any one employed as a teacher, constitutes good cause for revocation or subsequent refusal of certificate, or for dismissal by the board. Sections 2737 and 2782, 54 SCHOOL LAWS OF IOWA. Sec. 2790. New township. When a new civil township is formed, the same shall constitute a school township, which shall ^o into effect on the first Monday in March following the completed organization of the civil township. The notices of the first meeting shall be given by the county superintend- ent, and at such meeting a board of three directors shall be chosen. [C. '73, §1713.] Sec. 2791. Attaching territory to adjoining corporation. Tn any case where, by reason of natural obstacles, any por- tion cf the inhabitants of any school corporation in the opin- ion of the county superintendent cannot with reasonable facility attend school in their own corporation, he shall, by a written order, in duplicate, attach the part thus affected to an adjoining school corporation, the board of the same con- senting thereto, one copy of which order shall be at once transmitted to the secretary of each corporation affected thereby, who shall record the same and make the proper designation on the plat of the corporation. Township or county lines shall not be a bar to the operation of this sec- tion. [C. 73, § 1797.] Sec. 2792. Restoration. Where territory has been or may hereafter be set off to an adjoining school township in the same or another county, or attached for school purposes to an independent district so situated, it may be restored to the Section 2790. 1. The design of the law is that civil and school township boundaries shall coincide as far as possible. Code, sections 551-552 and section 2743. 2. A new Fchool township is not organized until the month of March after an election of officers for the civil township 3. The boundaries of subdistricts lying wholly within the old or new school townships are not affected by the division of civil townships. 4. When subdistricts are divided by changes in civil township boundaries, the boards should incorporate the several parts with other subdistricts, or otaer- wise provide for such territory, sj that all entitled may vote at the following sub- district election. In the absence of such action the territory properly belongs to the subdistrict which it adjoins, and the voters should be allowed to vote therein. Section 2791. 1. The natural obstacle must be a large stream unbridged, an impassable slough, the entire absence of a public highway, or some such natural insurmountable difficulty. 2. A petition which does not allege the existence of natural obstacles, and where in fact no such obstacles exist, is invalid. 62 Iowa, 616; 110 Iowa, 30 . 3. Streams well bridged and distance are not natural obstacles in the contem- plation of the law. 4. As the county superintendent has original concurrent jurisdiction, an appeal cannot be taken from refusal by the board to accept the territory. 109 Iowa, 169. 5. When the boundaries of districts are changed, the territory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. Section 2802. 53 Iowa, 77; 110 Iowa, 702. Section 2792. 1. It will be noticed that two distinct and separate methods are provided by this section. Decisions, 93. SCHOOL LAWS OF IOWA. 65 tprritary to which it geographically belongs upon the concur- le ice of the respective boards of directors, and shall be so restored by said boards upon the written application of two- thirds of the electors residing upon the territory so set off or attached, together with a concurrence of the county superin- tendent and the board of the school corporation which is to receive back the territory. [19 G. A., ch. 160; 18 G. A., eh. Ill; G. 73, §1798.J Sec. 2793. Boundary lines changed. The boundary lines of contiguous independent districts within the same civil town- ship may be changed by the concurrent action of the respect- ive boards of directors at their regular meetings in Septem- ber, or at special meetings thereafter called for that purpose. The independent district from which territory is detached shall after the change contain not less than four government sections of land, audits boundary lines shall conform to the lines of congressional divisions of land. [22 G. A., ch. 62, § 1.] Sec. 2794. Formation of independent district. Upon the written petition of any ten voters of a city, town or village of over one hundred residents to the board of the school cor- poration in which the portion of the town plat having the largest number of voters is situated, such board shall estab- lish the boundaries of a proposed independent district, includ- ing therein all of the city, town or village, and also such con- tiguous territory as is authorized by a written petition of a majority of the resident electors of the contiguous territory 2. The restoration may take effect at any time agreed upon, but if no agree- ment is made, it will take effect the following March. 59 Iowa, 109. 3. When the boundaries of districts are changed, the territory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. 58 Iowa, 77. Section 2802. 4. Where the law is mandatory in requiring a board to act upon a petition, the remedy for its refusal to do so is mandamus, and not appeal. 86 Iowa, 669. 5. Any conflict between districts with regard to boundaries will be best deter- mined by the one aggrieved asking a court to restrain the county treasurer from paying taxes to the other district, on the ground that the district complaining is eniirled to receive said taxes. 69 Northwestern Reporter, 1009. Section 2794. 1. The one hundred residents must be contained within the limits of the town or viUage. Additional territory should be secured by the board ia forming the new independent school district. Usually, territory equiva- lent to about four to six government sections, will constitute a proper district. 2. The last official census will, as a general fule, be sufficiently accurate to determine questions relating to the population, but in case of doubt, the actual existing facts govern, which may be ascertained by any reliable means. 11 Iowa, 676. Code, section 177. 3. The contemplated independent sc^iool district must include all of the city, town or village, and may include all contiguous territory petitioned for. 110 Iowa, 652 Decisions, 90. 4 When the required petition is presented the law is mandatory upon the board to establish the boundaries. 110 Iowa, 652. Decisions, 74, 90. 5 QQ SCHOOL LAWS OF IOWA proposed to be included in said district, in not smaller subdi- visions than entire forties of land, in the same or any adjoin- ing school corporations, as may best subserve the convenience of the people for school purposes, and shall give the same notices of a meeting as required in other cases, at whicii meeting all voters upon the territory included within the con- templated independent district shall be allowed to vote by ballot for or against such separate organization. When it is proposed to include territory outside the town, city or village, the voters residing upon such outside territory shall be entitled to vote separately upon the proposition for the formation of such new district, by presenting a petition of at least twenty-five per cent of the voters residing upon such outside territory, and if a majority of the votes so cast is against including such outside territory, then the proposed independent district shall not be formed. [29 G. A., ch. 126, 19 G. A., ch. 118, § 1; 18 G, A., ch. 139; C. 73, §§ 1800-1; R. §§ 2097, 2105.] Sec. 2795. Organization. If the proposition to establish an independent district carries, then the same board shall give the usual notice for a meeting to choose a board of directors. Two directors shall be chosen to serve until the next anuual 5. When the boundaries extend beyond the limits of a town or city, they must conform to lines of congressional divisions of land . Note 9 to section 2801 . 6.. The board of the school corporation in which a majority of the voters on the town plat reside, must establish the boundaries of said district without the con- currence of any other board, even when said territory is taken from two or more civil townships in the same or in adjoining counties. 41 Iowa, 30; 25 Iowa, 305. 7. The notices of the election to determine the question of a separate organi- zation should state clearly the boundaries of the proposed district. 8. All of the electors residing within the proposed limits must be permitted to vote on the question of separate organization. 9. The electors residing on the territory to be included, but outside of the town or village, are entitled to vote separately on the proposition if they ask such privilege by petition, either to the board or to the judges of the election. 10. The desirability or nece^s-ty of the independent district is for the people to determine and not the board. 110 Iowa, 652. 11 . The president and secretary of the school corporation should act as chairman and secretary of this meeting, and with one of the board, as judges of the election. 12. The incorporation ot a town does not in itself affect the school organiza- tion of the district in which the town may be situated. 13. Town sites platted and unincorporated shall be known as villages. Code, section 638. Section 2795. 1. The first board will enter upon its duties as soon as quali- fied and will organize by choosing a president and a secretary. The term of oflBce of the president will expire on the third Monday in the following March, that of the secretary, on the third Monday in the next September. In cities and towns a treasurer, to serve until the third Monday in the following March, will be chosen by the electors at the time directors are chosen. 2. The secretary should immediately file with the county superintendent, auditor and treasurer, each, a certificate, showing the ofiicers of the board, and SCHOOL LAWS OF IOWA. 67 meeting, two until the second, and one until the third annual meeting thereafter. The board shall organize by the election of officers in the usual manner. [15 G. A., ch. 27: C. '73, ^ 1802; R., §§ 2099, 2100, 2106.] Sec. 2796. Taxes certified and levied. The organization of such independent district shall be effected on or before the first day of August of the year in which it is attempted, and, when completed, all taxes certified for the school township or townships of which the independent district formed a part shall be void so far as the property within the limits of the i independent district is concerned, and the board of such inde- 1 pendent district shall fix the amount of all necessary taxes for \ school purposes, including schoolhouse taxes, at a meeting . called for such purpose at any time before the third Monday of August, which shall be certified to the board of supervisors on or before the first Monday of September, and it shall levy said tax at the same time and in the same manner that other school taxes are required to be levied. [C. '73, § 1804.] Sec. 2797. Sural independent distrioti. At any time before the first day of August, upon the written request of one-third of the legal voters in each subdistrict of any school township, the board shall call a meeting of the voters of the subdistrict, giving at least thirty days' notice thereof by post- ing three notices in each subdistrict in each school township, their postoffice address. All subsequent changes made in the oflScers of the board should be reported. Section 2766. 3. The secretary and treasurer must qualify within ten days. Section 2760. 4. All proceedings connected with the organization of the new district should be recorded by the secretaries in the records of the districts from which territory is taken, so that the facts concerning its formation and organization may be readily obtained , in case the validity of the proceedings is ever questioned . 5. As soon as the board of the new independent district has been organized, it may join with the boards from which territory has been taken in making a division of the assets and liabilities. Section 2802. Section 2796. 1. This section is construed to mean that the organization contemplated must be made between January first and the first of August. This limitation as to time is directory only, and does not apply when an appeal is taken. 110 Iowa, 652. Decisions, 74. 2. When a new independent school district is organized as provided by this section, the board has authority to determine and certify all necessary taxes, for school purposes, for that year, including schoolhouse taxes. 3. An independent school district composed of territory from two or more counties, belongs, for school purposes, to the county wherein most of the children reside. A certificate issued by the superintendent of the county to which it thus belongs, is valid for any school in the district. Skction 2797. 1. The vote upon the change may be taken at anytime of year, but the organization cannot be completed between August and January. 2. Unless each and every subdistrict in the school township gives a majority vote favoring the change in form , the township remains a school township . 3. A single subdistrict may be organized independent only when a village, town, or citv is included. Section 2794. 68 SCHOOL LAWS OF IOWA. at which meeting the voters shall vote by ballot for or against rural independent district organization. If a majority of the votes cast in each subdistrict shall be favorable to such inde- pendent organization, then each subdistrict shall become a rural independent district, and the board of the school town- ship shall then call a meeting in each rural independent dis- trict for the choice of three directors, to serve one, two and three years, respectively, and the organization of the said rural independent district shall be completed. [22 G. A., ch. 61.] Sec. 2798. Subdivision of independent districts. Inde- pendent districts may subdivide for the purpose of forming two or more independent districts or have territory detached to be annexed with other territory in the formation of an independent district or districts, the board of directors of the original independent districts to establish the boundaries of the districts thus formed, such new districts to contain not less than four gON^ernment sections of land each; but in case a stream or other obstacle shall debar a number of children of school privileges, an independent district may be thus organ- ized eon'aining less territory; or, if such new district shall include within its territory a town or village with not less than one hundred inhabitants, it may in like manner be made up of less territor}^; but in neither case shall the new district contain le^sS than two government sections of land, nor be organized except on a majority vote of the electors of each proposed district, and the proceedings for such subdivsion shall in all respects be like those provided in the section relating to organizing cities and towns into independent dis- tricts, so far as applicable. [18 G. A., ch, 331; 17 G. A.,ch. 133, ^n-4.1 4, When the new boards are organized, they should meet as soon as possible, and make settlement of assets and liabilities, as directed by section 2S02. 5. O-ne. subdistrict cannot be changed to a rural independent district unless all the subdistricrs of the school township vote to become rural independent districts. Section 2798 1. The provisions of this section apply to all indepecdenf districts, and civil township lines are not a bar. 2. The amount of territory cannot be less than an equivalent of four govern- ment sections, unless the provisions of this section apply. 3. An mdependent district containing territory amounting to less than eight govern !nnusi be cast for the division. 4 vVrien an independent district is subdivided under this section the one of the d nets not formed in accordance with the exception made mubt have at least £uar s<. it ions. SCHOOL LAWS OF IOWA. (59 Sec. 2799. Uniting independent districts. Independent districts located contiguous to each other may unite and form one and the same independent district in the manner follow- ing: At the written request of any ten legal voters residing in each of said independent districts, or, if there be not ten, then a majority of such voters, their respective boards of directors shall require their secretaries to give at least ten days' notice of the time and place for a meeting of the electors residing in each of such districts, by posting written notices in at least five public places in each of said districts, at which meeting the electors shall vote by ballot for or against a consolidated organization of said independent districts, and, if a majority of the votes cast at the election in each district shall be in favor of uniting said districts, the secretaries shall give simi- lar notice of a meeting of the electors as provided for by law for the organization of independent districts including cities and towns. [22 G. A., ch. 63, § 1 ; C. '73, § 1811.] Sec. 2800. Rural independent districts united into school township. A township which has been divided into rural independent districts may be erected into a school township by a vote of the electors, to be taken upon the written request of one-third of the legal voters residing in such civil township. Upon presentation of such written request to the township trustees, they shall call a meeting of the electors at the usual place or places of holding the township election, upon giving at least ten days' notice thereof by posting three written notices in each rural independent district in the town- Section 2799. 1. The proposition to consolidate independent districts must be separately voted upon in each of the districts affected. Unless a majority of tho votes cast at such election in each district is in favor of such consolidation, it fails. 2. The provisions of this section also apply to rural independent districts. Opinion of Attorney-General, Section 2800. 1. The electors of any civil township which has adopted th© rural independent school district organization, may vote upon the question of returning to the school township organization. 2. The petition provided for in this section may be presented to the trustees and the vote ordered at any time of. the year. When a proper petition is presented, the law makes it mandatory upon the township trustees to call and hold an election. 3. The meeting held to determine the question of school township organiza- tion, is a township meeting; if the vote is in the affirmative, each and every rural independent school district in the township becomes a subdistrict of the school township. 4. The township trustees may act as judges of this election, but in their absence the electors assembled may choose a chairman and one or two secretariea to act as judges. 5. The board of each rural independent school district will continue to act until the third Monc'ay in March following the election, at which time a full sta'e- ment of all assets and liabilities of the district should be reported to the board of the school township when organized. S. The first board of a school township formed from a township organized 70 SCHOOL LAWS OF IOWA. ship, and by publication in a newspaper, if one be published in such township, at which meeting the said electors shall vote by ballot for or against a school township organization. If a majority of the votes cast at such election be in favor of such organization, each rural independent district shall become a subdistrict of the school township, and shall organize as such on the first Monday in March following by the election of a director, notice of which shall be given as in other cases by the secretary of each of the rural independent districts, and the directors so elected shall organize as a board of directors of the school township on the third Monday in March follow- ing. [16 G. A., ch. 155; C '73, §§ 1815-20.] Sec. 2801. Division of school township into subdistricts. The board of any school township may by a vote of a majority of all the members thereof, at the regular meeting in Septem- ber, or at any special meeting called thereafter for that pur- pose, divide the school township into subdistricts such as justice, equity and the interests of the people require, and may make such alterations of the boundaries of subdistricts heretofore formed as may be deemed necessary, and shall designate such subdistricts and all subsequent alterations in a distinct and legible manner upon a plat of the school town- ship provided for that purpose, and shall cause a written as a single rural independent school district, will consist of three directors, elected by the whole township. Section 2752. If this board chooses to subdivide the district, it may do so. Section 2801. Or it may allow the school township to remain a single district, a plan having very many excellent advantages. 7. The school township meeting is held on the second Monday in March, to vote the necessary schoolhouse taxes as provided in section 2749. 8. Between the time of the election provided for and the third Monday in March following, the boards of the several rural independent school districts have authority to perform all necessary acts relating to the affairs of their districts, but they cannot incur any indebtedness, nor make any contracts, except such as may be necessary to maintain the usual schools of their districts. 9. Upon the organization of the school township, the secretary should file with the county auditor and treasurer a certified plat of the district, and report to the county superintendent, auditor, and treasurer, the name and address of each oflBcer of the new board. Section 2766. 10. The school township receives all the assets and assumes all the liabilities of the several rural independent school districts. In case a rural independent school district has issued bonds or otherwise incurred an indebtedness, for the erection of a schoolhouse and the electors have failed to provide for the payment thereof, the board of the school township has authority to apportion schoolhouse taxes for the payment of such indebtedness, from time to time, as justice and equity may require. Section 2813. Section 2801. 1. All changes in subdistrict boundaries must be made in strict conformity with this section. 2. Subdistrict boundaries can be changed only by affirmative vote of a majority of all the members of the board . 3. While this section provides that boards may change subdistrict boundaries at the regular meeting in September, or at a special meeting called for that pur- SCHOOL LAWS OF IOWA. ^^ description of the same to be recorded in the records of the school township, a copy of which shall be delivered by the secretary to the county treasurer and also to the county aud- itor, who shall record the same in his ofBce. The boundaries of subdistricts shall conform to the lines of the congressional divisions of land, and the formation or alteration of subdis- tricts as contemplated in this section shall not take effect until the first Monday in March thereafter, at which time a director shall be elected for any subdistrict newly formed. [21 G. A., ch. 124; 16 G. A., ch. 109; C. 73, §§ 1725, 1738, 1796; R., § 2038.] Sec. 2802. Changes of boundaries— division of assets and liabilities. When any changes are made in the boundaries of any school corporations, the boards of directors in office at the time shall continue to act until the next regular school election, when the new corporation shall organize by the pose, it must be understood that such change cannot be made so late as to prevent the notices of election from being given at least five days previous to the subdis- trict elections, as required by section 2751. Decisions, 44. 4. When new civil townships are formed, the corresponding changes in school township boundaries take effect at the next subdistrict election. Section 2790. 5. All territory must be included within some school corporation, and all of a school township must be included in some subdistrict, when the territory is so sub- divided. Decisions, 28. 6. A subdistrict is not a corporate body and has no financial claims, nor can it be hel-d liable for debts, except as a part of the school township. Decisions, 11. 7. The board may discontinue or abolish any subdistrict by a readjustment of boundaries, and it may provide that there shall be no subdistricts, and that the schools of the corporation shall be governed by a board of three directors chosen.. from the township at large. Section 2752. 8. It is especially important that the county auditor and treasurer be officially notified by the secretary, whenever any changes are made in district boundaries, by the formation of independent districts or otherwise, to enable these officers to perform their duties in the levy of taxes, and the apportionment and disbursement of school funds. 9. By congressional divisions of land is meant those divisions authorized by congress in government surveys, of which the smallest is, in general, one-sixteenth of a section, or a tract of forty acres in a square form. Government lines, how" ever, sometimes meander along streams and other bodies of water, and divisions of land are thus formed of less than forty acres. Decisions, 28. 10. There is nothing in the law fixing the number of persons -of school age necessary for a new subdistrict, nor is the exact amount of territory to be inclnded determined by the law. Section 2802. 1. Assets include schoolhouses, sites, and all other property and moneys belonging to the district. Liabilities include all debts for which the district in its corporate capacity is liable. In determining the assets, school prop- erty should be estimated at its present cash value. 2. The division of assets will relate to the schoolhouse and other property, moneys in all funds on hand, and uncollected taxes. The territory transferred carries with it such a part of the assets and liabilities of the corporation to which it belonged as th? assessed valuation of such territory is part of the assessed valuation of the propercy of the corporation. 72 SCtlUOL LAWS OF IOWA. election of directors in accordance with the new boundaries^ whereupon the new boards shall make an equitable division of all assets and liabilities of the corporations affected; and, if they cannot agree, the matters upon which they differ shall be decided by disinterested arbitrators, one selected by each board havin 7 2813 See note 3 under section 2811. .S \s mdicating the valuation of the district, the tax lists may not be taken into .'uur until after the levy of the taxes in September. 70 Iowa, 230. h 1 order that the bonds may be negotiated to the best advantage possible, gre I s should be taken to foil.w .he law careluUy in every respect. SCHOOL LAWS OF IOWA. g^ therefor. Each of such classes of bonds shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the action of the board providing therefor, shall not run more than ten years, be in denomina- tions of not more than one thousand nor less than one hundred dollars, and bear a rate of interest not exceeding six per cent per annum, payable semi-annually, to be signed by the presi- dent and countersigned by the secretary, and shall not be dis- posed of for less than par value, nor issued for other purposes than in this section provided. They shall be payable, respec- tively, at the pleasure of such corporation at any time after the expiration of five years, but may be sooner paid if so nom- inated in the bonds, be registered in the office of the county auditor, numbered consecutively, and redeemable in the order of th( ir issuance. Upon being issued they shall be delivered to the treasurer thereof, the president taking receipt there- for, and thereupon the treasurer shall stand charged on his official bond with their amount. He shall sell the bonds for not less than par value and apply the proceeds thereof in pay- ment of outstanding indebtedness, and for no other purpose than in this act authorized, or he may exchange the new bonds for outstanding bonds without discount, the cost of engraving and printing the bonds to be paid out of the contingent fund. The treasurer shall keep a record of the name and postoffice address of all persons to whom bonds are sold. The provi- sions relating to payment of county bonds and notice to the owner thereof shall also apply to school bonds issued under tliis act. [29 G. A., oh. 127; 28 G. A., ch. 142: 27 G. A., ch. 95; 21 G. A., ch. 95; 18 G. A , ch. 51, §§ 1, 3; 18 G. A., ch. 132, §§ 1-5; 16 G. A., ch. 321; C. 73, §§ 1821-2.] Sec. 2813. Tax to pay bonds or money borrowed. The board of each school corporation shall, at the same time and in tiie same manner as provided with reference to other taxes, fix the amount of tax necessary to be levied to pay any amount of principal or interest due or to become due during 7. The cost of the blank bonds and tae expense of negotiating the bonds, should be paid from the contingent fund. 8. The fact that the vote for bonds was defeated will not prevent the board from caLing another election at any time when it thinks best to do so. 9. While a vote to issue bonds i regarded by the courts as somewhat in the ■nature of permissive authority to the board, yet a board may not attempt to defeat the wish of the voters clearly expressed. Decisions, 75, laws of 1897. 10. In the matter of issuing bonds, every legal requireme .t should be scru- puonsly adhered to, in order that not even the slightest irregularity may be urged against the validity of the bonds, when they come to be negotiated. 11. If a board takes an action calculated to thwart the will of the voters, per- haps any person interested could secure from a court a writ directing the board to proceed in the line of fulfilling the vote by the voters. Section 2813. It is the duty of the board to certify whatever amount is (necessary to pay principal and interest on bonds. 69 Iowa, 612. 6 82 SCHOOL LAWS OF IOWA the next year on lawful bonded indebtedness, which amount shall be certified to the board of supervisors as other taxes, and levied by them on the property therein as other school taxes are levied, but such tax shall not exceed five mills upon the dollar of the assessed valuation of such property for money borrowed for improvements. [27 G. A., ch. 95; 18 G. A., ch. 51, § 2; 18 G. A. eh. 132, § 6; G. '73, § 1823.] Sec. 2814. Schoolhouse sites — acquisition. Any school corporation may take and hold so much real estate as may be required for schoolhouse sites, for the location or construc- tion thereon of schoolhouses and the convenient use thereof, but not to exceed one acre, except in a city or incorporated town it may include one block exchjsive of the street or high- way, as the case may be, for any one site, unless by the own- er's consent, which site must be upon some public road already Section 2814. 1. The board vShould if possible purchase a site. 2. A site of less than one acre may be enlarged to an acre. 3. The acre authorized to be set apart may be so measured as not to include any portion of the highway. 70 Northwestern Reporter, 706. 4. The objection of an owner living within forty rods on the opposite side of a site will not prevent an addition to the site on the side away from the residence, so as to include an entire acre. 5. From an order of the board making a location of a site to be secured by condemnation, an appeal will lie the same as from any other order of the board. 6. Property incumbered, occupied as a homestead, or belonging to minor heirs, may be taken under the provisions of this section. 7. If the district cannot establish its claim to the schoolhouse site, owing to the loss of the deed, or for other reason, and the owner refuses to sell or lease the site, the district may avail itself of the provisions of this and the following sec- tions and secure a site not to exceed one acre. 8. When purchased, the provisions of this section do not apply. The district stands in the same relation to the public and to individuals, in this respect, as do other corporations, and may purchase whatever amount of land may be necessary for school purposes. 9. All sites taken under the provisions of these sections must be located on a public road, and at least forty rods from the residence of the owner of the site po taken if he objects to its being placed nearer. A person not the owner of the land upon which the site is located cannot legally object if the site is located nearer than forty rods from his residence. In cities, incorporated towns, or villages this prohibition does not apply. 10. When a site is sought to be condemned, the distance of forty rods men- tioned in this section, is measured from the nearest part of the residence to the acarest part of the site, in a straight line. 11. Boards may rebuild on sites without consent of owners of residences within forty rods. 12. Under the Iowa statute of limitations, ten years' use of a highway by the public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 13. If the public, with the knowledge of the owner of land, has claimed and continuously exercised the right of using the same for a public highway, for a period equal to that fixed by the statute for the limitation of real actions, a com- *_., plete right to the highway thereby becomes established against the owner, unless SCHOOL LAWS OF IOWA. 33 established or procured by the board of directors, and shall, except in cities, incorporated towns or villages, be at least forty rods from the residence of any owner who objects to its being placed nearer, and not in any orchard, garden or public park. [C. 73, §§ 1825-6.] Sec. 2815. Condemnation. If the owner of the real estate desired for a schoolhouse site, or a public road thereto, refuses or neglects to convey the same, or is unknown or can- not be found, the county superintendent of the proper county, upon the application of either party in interest, shall appoint three disinterested referees, unless a less number shall be agreed upon, who shall take and subscribe an oath to the effect that they will faithfully and impartially discharge the duties laid upon them, due notice having been given by the superintendent to the owner of the time and place of making the assessments of damages as and for the length of time required for the commencement of actions in the district court; such referees shall inspect the grounds proposed to be taken, fix the damages sustained as near as may be on the basis of the value of the real estate so appropriated, and report it appears that such use was by favor, leave or mistake. 22 Iowa, 457. Code section 3004. 14. In case the land desired for a school site is under mortgage, the district may receive from the owner the lease of a portion not to exceed one acre , to be held by the district as long as used for school purposes, and when no longer so used, to revert to the owner. 15. The unmolested use of a site for a long term of years is probably sufficient I evidence of its dedication to the district for school purposes. At any rate, the district being in possession, it would seem proper for the board to assume a grant, and to continue to occupy the site and improve it. If any person brings an action against the board, the president will then be required to appear and defend in behalf of the district, and counsel may be employed by the board. 16. If a district is in continuous possession under claim of ownership for more than ten years, it becomes the absolute owner of the fee title. 93 Iowa, 45, and 94 Iowa, 676. 17. When land is purchased for a site, it will include a part of the highway on which it is situated, unless otherwise stipulated in the deed. Section 2815. 1. If personal service cannot be made, the notice must be published in a newspaper. If the owner of the land lives in the county, notice must be served on him at least ten days before the time set for the assessment of damages. If the owner or parties having an interest therein reside outside of the county and in the same judicial district, fifteen days' notice must be given. If outside of the judicial district but in the state, twenty days' notice. If parties live outside of the state, the notice must be published once a week for four consecutive weeks in some newspaper published in the county. Code, sections 3514-3544. Forms 42, 43, 44, 45 and 46. 2. The oath to tha referees may not be administered by the county superin- tendent by reason of his office. Such oath may be administered by some one empowered in a general way to administer oaths. One referee may administer the oath to another referee. Code, section 393. A district may coademn a full acre of land. 101 Iowa. 556. 34 SCHOOL LAWS OF IOWA. in writing to the superintendent their doings and findings, which report shall be filed and preserved in his office; and upon the amount found by the referees being deposited with the county treasurer, for the use of the owner, posses- sion may at once be taken and the necessary building or build- ings erected and occupied. From the assessment so made either party may appeal to the district court by giving notice thereof as in case of taking private property for works of inter- nal improvement within twenty days after receiving notice of the award made. If such appeal is not taken, the assessment shall be final; if taken, the board may proceed with the con- struction of improvements, if the deposit hereinbefore pro- vided has been or shall be made. Upon such appeal the school corporation shall not be liable for costs unless the owner shall be allowed a greater sum than given by the ref- erees; all costs in making the referees' assessment to be paid by the school corporation. [C. '73, § 1827 ] 3. If the land cannot be procured by contract, the road may be established in the same manner and by the proceedings provided for the establishment of high- ways, and when the damage has been assessed, the district may pay the same. Sections 1482-1517. Decisions, 68. 4. As a matter of safety, a lease should be executed in duplicate, one to be held by the secretary of the board, and the other by the lessor. The lease should be approved by the board, as in case of a contract, and should be filed with the secretary. 5. Sufficient time must be allowed between the appointment of this commission and the time set for appraising the damages to give the owner legal notice thereof. Code, sections 3517 and 3540. 6. The referees are entitled to two dollars for each day's service, and ten cents per mile from their residence to the location of the property appraised. Code, sections 354 and 1290. 7. The holder of a tax certificate on property sought to bs condemned is an owner in such sense that he is entitled to notice. 50 Iowa, 663. 8. When the owner of land taken is unknown, or cannot be found, it is not necessary to print the report of appraisement, or to attempt other notice to said owner than the printed notice required by this section. It is sufficient for the county superintendent to send a certified copy to the board. 9. If the board has deposited with the county treasurer the amount asses.sed by the referees in accordance with this section, we think the courts would hold that the district had come into possession of the site, or would be entitled to the use of the road. 10. The money deposited with the county treasurer should be held for the benefit of the owner of the fee, and not for the mortgagee. 11. Since the receipt of the treasurer for the money deposited with him for the owner of the land, may be the only evidence of title, such a receipt should have a full description of the property, and should be recorded by the county recorder. 12. No deed or other instrument from the ov/ner is required to authorize the district to occupy the land for school purposes . The proceedings should be recorded in full by the district secretary. 13. All deeds for school property should be recorded with the county recorder, find the proceedings relating to the acquisition of such property should be recorded if null by the district secretary. SCHOOL LAWS OF lOWl. 85 Sec. 2816. Reversion. In the case of non-user for school purposes for two years continuously of any real estate acquired for a schoolhouse site it shall revert, with improve- ments thereon, to the owner of the tract from which it was taken, upon repayment of the purchase price without inter- est, together with the value of the improvements, to be determined by arbitration, but during its use the owner of the right of reversion shall have no interest in or control over the premises. [C. '73, § 1828.] Sec. 2817 Use of barbed wire. Barbed wire shall not be used to enclose any school buildings or grounds, nor for any fence or other purpose within ten feet of any such grounds. Any person violating the provisions of this section shall be punished by fine not exceeding twenty-five dollars. [20 G. A., ch. 103.] Sec. 2818. Appeal to county superintendent. Any person aggrieved by any decision or order of the board of directors of any school corporation in a matter of law or fact may within 14. When land sought to be taken for a road has been legally condemned » and the amount found by the referees has been deposited with the county treasurer » application should be made by the board to the board of supervisors for the establishment of the road under sections 1482-1517. 15. Petition to the board of supervisors may be made by the electors as individuals. 110 Iowa, 707. Section 2816. 1. In case of the donation of a schoolhouse site, the follow- ing reversionary clause may be appended to the deed: Provided, that if, for tfie space of two consecutive years said premises shall cease to be used for school pur^ poses, the same shall revert to the original donor , his heirs or assigns , without legal hindrance or expense. 2. Since the receipt of the treasurer for the money deposited with him, for the owner of the land, may be the only evidence of title, such receipt should have a full description of the property, and contain this proviso in addition to note 1 above: Upon the repayment of the principal amount paid by the district, without interest, together with the value of any improvements thereon made by the district ^ and the receipt should be recorded by the county recorder. Section 2818. i. There are many matters that may not properly be brought before the county superintendent on appeal. From time to time questions are likely to arise upon which the board should be governed by its best judgment, or by (omp3 ent legal advice. 1^. School officers should not express an official opinion upon matters entirely outside of their jurisdiction. Upon these subjects it is therefore useless to expect county superintendents, or this department, to give any other than general infor- mation, such as is presumably already within the knowledge of those applying. 2. The filing of an affidavit of appeal has the effect of arresting all action by the board in relition to the matter appealed from until the appeal is disposed of. 3. During the pendency of an appeal all matters must remain in statu quo, and this can be enforced by writ of injunction. No opinion relating to matters involved in an appeal will be given by this department. 4. An affidavit is a written declaration, sworn to before some officer author- ized to administer oaths. Code, section 4673. 5. A county superintendent can have no jurisdiction of an appeal case until the affidavit has been filed. Decisions, 5. 86 SCHOOL LAWS OF IOWA. thirty days after the rendition of such decision or the making of such order, appeal therefrom to the county superintendent of the proper county; the basis of the proceedings shall be an 6. A notice of intention to file an affidavit, a verbal complaint, or a petition, ia not sufficient to give the county superintendent jurisdiction in appeal cases. Form 47. 7. The affidavit should contain a statement of the decision complained of and its date, a statement of facts showing that the appellant has an interest in the decision and is injuriously affected by it, and the assignment of errors. Form 47. 8. An affidavit of appeal, to be of any value, must be sufficiently clear to enable the county superintendent to call upon the secretary for a complete tran- script of an action that must be described so as to be identified. 9. This affidavit being the first paper filed, care should be taken that the case is properly entitled, and this title should be preserved throughout the further progress of the appeal.' The date of filing should be indorsed upon the affidavit by the superintendent. 10. When a board receives official notice that an affidavit of appeal from its order has been filed, all action by the board in relation to the matter appealed from will be suspended until the decision in appeal has been given. 11. The right of appeal is limited to persons aggrieved o;- injuriously affected by the decision or order complained of. Decisions, 18 and 28. 12. If a person aggrieved by a decision or order of the board fails to protect his rights by taking an appeal within the thirty days prescribed , he is barred by the statute from the remedy of appeal. 13. In computing time the first day shall be excluded and the last included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. Code, section 48, subsec- tion 23. 14. When the act complained of is of a discretionary character, the action of the board should be sustained, unless it is clearly shown that the board violated law, abused its discretion, or acted with manifest injustice. Decisions, 37, 48, 51 and 56. 15. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 476. 69 Northwestern Reporter, 544. 16. As an appeal often consumes valuable time, mandamus is sometimes a more speedy as well as a better remedy, to compel the performance of an official duty. Decisions, 11 and 33. 17. Where the law is mandatory in requiring the board to act upon a petition, the remedy for its refusal is mandamus and not appeal. 86 Iowa, 669. 18. When a board violates a mandatory requirement, application by an interested party to a court for a writ to compel the board to act as directed by the statute is the more speedy and preferable remedy. 44 Iowa, 432; 50 Iowa, 648, and 71 Iowa, 632. Decisions, 33. 19. To correct an illegal action of the board, where the board acts judicially, certiorari, and not appeal, is the remedy. 55 Iowa, 215. Decisions, 17. 20. That an appeal may lie there must be an order or action by the board. To compel an action, appeal is not the remedy, but application to a court of law. 21. By an action of the board is meant a vote taken by it and made of record at a meeting legally constituted. The board may at any time correct mistakes in its record, or supply omissions. 22. Appeal cannot be taken where the board simply refuses or neglects to act. 71 Iowa, 632. 23. In case of wilful neglect or intentional failure to take action as intended by SCHOOL LAWS OF IOWA. 37 affidavit filed with the county superintendent by the party aggrieved within the time for taking the appeal, which affi- davit shall set forth any error complained of in a plain and concise manner. [C. 73, §§ 1829-31; R., §§ 2133-5.] Sec. 2819. Hearing: and decision. The county superin- tendent shall, within five days after the filing of such affidavit in his office, notify the secretary of the proper school corpo- ration in writing of the taking of such appeal; the latter shall, the law, the remedy for any party aggrieved is application to a court for a writ to require the board to consider and act upon the important matter brought to itg attention. And its order when made of record will then be subject to be mado the basis of an appeal. 24. If desirable to clear the record, or to make a matter plain beyond ques- tion, sometimes the board may re-enact all its former transactions with regard to the matter involved. If it is supposed that the board took an action which pur- posely was not made a matter of record, it may be compelled by an order of court to complete its record . 25. No appeal may be taken from the action of the board taking the initiatory step, while it requires the concurrence of another board to complete the action. The concurrence or refusal of the second board is the order from which an appeal may be taken. Note 13 to section 2802. 26 . An appeal may be taken from an action of the board to lay a petition on the table. Decisions, 87. 27. In an appeal to the county and state superintendent of public instruction, from the action of the board fixing boundaries, the superintendents have jurisdic- tion de novo, and can enter any order that the board could have made in the matter. 110 Iowa, 652. 28. An appeal to the county superintendent settles conclusively the wrong- fulness of the teacher's discharge, though such appeal was determined on the ground that plaintiff had not been given a hearing before the board of directors, and not on the merits of the case. 110 Iowa, 313. Section 2819. 1. The notice should describe the decision or order appealed from, so that it may be identified, and should require the district secretary to file the transcript with the superintendent within the time specified. The notice may be served personally or sent by mail. Form 48. 2. The secretary shall make and forward a transcript or copy of the record of all actions of the board relating to the decision or order appealed from; also of all petitions, remonstrances, plats, and other papers pertaining thereto. The original papers must be preserved with the district records. Form 49. 3. The basis of an appeal is the recorded action of the board. If the secre- tary certifies that there is no record of an action by the board in any such matter as is described in the notice for a transcript, then it will be impossible to carry forward the appeal. Note 23 to section 2818. 4. A failure to file the transcript will not a^ect the proceedings in any other way than to cause delay. The secretary will takt; the risk of censure by a court for failure to attend to his official duty. Decisions, 34, Laws of 1897. 5. The time to elapse between the filing of the transcript and the hearing of the appeal is not fixed by the statute. This is left to the county superintendent to determine. 6. Notice of the time and place of hearing should be given to the appellant, to the secretary of the board , and to any other persons known to be directly inter, ested. The notices may be served personally or sent by mail. Form 50. 88 SCHOOL LAWS OF IOWA. within ten days after being thus notified, file in the office of the county superintendent a complete transcript of the record an proceedings relating to th e decision complained of, which transcript shall be certified to be correct by the secretary; after the filing of the transcript aforesaid the county superin- tendent shall notify in writing all persons adversely interested of the time and place where the matter of the appeal will be heard by him. At the time fixed for the hearing he shall hear testimony for either party, and he shall make such 7. The appellant, the president, the secretary of the board, and other parties known to be directly interested, should receive a copy of this notice. 8. The date of filing every paper should be indorsed thereon; also in the case of motions, orders and rulings of the county superintendent. All oral motions and an abstract of the testimony should be reduced to writing at the time of trial. 9. The docket or minutes of the superintendent should commence by coting the filing of the affidavit. He will afterward, as the acts transpire, record the sending of the notice of appeal to the district secretary, the filing of the transcript, the sending of notices of the hearing, and any adiournment of the case that may be granted. At the trial he will carefully note down the names of all parties appearing, and their postofifice address, and whether they appear for or against the appeal; also, the filing of all papers and names of witnesses, and in whose behalf such papers or witnesses are introduced. The decision of the superintend- ent will form an appropriate close of his minutes. 10. All evidence must be given under oath, and the substance reduced to writing at the time by the county superintendent. It is recoramenc'ed that a sum- mary of what each witness testifies be made, read to the witness, and signed by him. It is of the first importance that the record of the testimony be full and accurate, as the decision of the county superintendent, also of the superintendent of public instruction, in case the appeal is carried up, must be based upon the record of evidence introduced. This testimony should be preserved with the other papers of the case. 11. While the county superintendent will not be prevented from entertaining and considering testimony not before the board, the general rule and practice should be to attempt to confine the hearing as far as practicable to the matters considered by the board and to the facts, statements, and testimony, that were within the possession of the board at the time the action complained of, which is being reviewed by the county superintendent, was taken. 12. In case of disturbance or interruption during the trial of an appeal befo;e a county superintendent, as he is not invested with complete judicial power, he has only the ordinary remedy of complaint to the proper authorities. Code, sec- tion 5033. 13. The county superintendent may upon his own motion call any witness to the stand and have his testimony taken. 14. While mere technicalities should not be permitted to prevent the attain- ment of justice, it is proper that as to evidence and practice the superintendent should be governed by many of the rules which ordinarily obtain in courts. 15. The leading question to be determined by the county superintendent is whether in making the decision or order complained of, the board committed error to such an extent as to require a reversal. 16. Acts of a board purely discretionary in their nature should be given great weight. To warrant a reversal, positive error must be found, and such error must appear clearly in the testimony. SCHOOL LA.WS OF IOWA. g^ decision as may be just and equitable, which shall be final unless appealed from as hereinafter provided, fc. '73, ^^ 1832-4; R, §§2136-8.] Sec. 2820. Appeal to state superintendent — no money judgment. An appeal may be taken from the decision of the county superintendent to the superintendent of public instruc- tion in the same manner as provided in this chapter for takino: appeals from the board of a school corporation to the county superintendent, as nearly as applicable, except that thirty days' notice of the appeal shall be given by the appellant to 17. When an appellate tribunal is unable to decide an appeal because the tes- timony is insufficient or the transcript of the action of the board is incomplete, and the facts are not sufficiently shown to determine what should be done, the case may be remanded for a new trial, or for further action by the board. 18. To those interested in the issue of an appeal the county superintendent should send a statement of the result; that is, whether the order of the board was affirmed or reversed. Section 2820. 1. Appeals to the superintendent of public instruction are conducted in the same manner and governed by the same rules, so far as applica- ble, as appeals to county superintendents. The basis of appeal must be an affida- vit filed in the office of the superintendent of public instruction, within thirty days from the date of the decision appealed from. 2. Upon the filing of an affidavit the superintendent of public instruction will notify the county superintendent to forward a transcript of the papers in the case within thirty days. The original papers must bs preserved on file in the county superintendent's office. 3. When an appeal is taken to the superintendent of public instruction, the county superintendent must have a copy of the testimony and of his docket pre- pared. It is very desirable that this transcript should be in typewritten work. 4. The transcript of the county superintendent will consist of a literal copy of every paper filed and all indorsements thereon, together with a copy of all testimony given, the whole arranged in chronological order, closing with the decision of the county superintendent in full , with the certificate annexed . Form 51 . 5. The transcript in an appeal is supposed to be an exact copy of the papers and testimony in the case, preserved on file in the office of the county superin- tendent. Any one interested may claim the privilege of examining the original records in the case, at any proper time. 6. It is obvious that the county superintendent himself should not be expected to pay for having a typewritten transcript of the record made in an appeal to the superintendent of public instruction. Expenses of this character, closely connected by law with the work of the county superintendent's office, should be paid for by the board of supervisors in the same manner that assistance is furnished to other county officers when needed. 7. The law requires that the appellant shall give thirty days' notice to the couQty superintendent, and also to the adverse party, of the taking of the appeal. This notice should be served as soon as the affidavit of appeal has been filed and proof of such service should be filed with the affidavit. The time for final hearing of the appeal will be fixed by the superintendent ol public instruction, and may be at any time after thirty days from the filing of the affidavit. 8. At the hearing, parties interested may appear personally or by attorney^ and argue their cases orally if they desire, or they may send arguments in writing. or if possible, in typewriting. 90 SCHOOL LAWS OF IOWA. the county superintendent, and also to the adverse party. The decision when made shall be final. Nothing in this chapter shall be so construed as to authorize either the county or state superintendent to render judgment for money; neither shall they be allowed any other compensation than is now allowed by law. All necessary postage must first be paid by the party aggrieved, [C. '73, §§ 1835-6; R., §§ 2139-40.] 9. The record of the case in the office of the county superintendent, which is a public record and open to examination by parties interested, will furnish all needed data, where access to transcript sent up is inconvenient. 10. The superintendent of public instruction will not hear original testimony in cases submitted to him. Decisions, 50, Laws of 1897. 11. Any person aggrieved by an action of the county superintendent in refusing to grant a certificate or in revoking the same, may apply to him for a rehearing, the proceedings to correspond as nearly as possible to the proceedings in the case of an appeal from a board of directors. If any one is aggrieved by the result of this investigation , an appeal may be taken therefrom to the superintendent of public instrnction. 12. A person in whose fiavor an appeal is decided, has the remedy of a writ of mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533, and 72 Iowa, 379. 13. 'V '^'=^cision in appeal by a county superintendent or the superintendent of public instruction is final in the sense that no court will attempt to review or set aside such a decision if the matters included are clearly within the jurisdiction of such school officers. 69 Iowa, 533, and 110 Iowa, 652. 14. An appeal decision does not always prevent the board from acting anew upon the matters involved in the appeal. If the order of a board is affirmed the board will be left free to take any action thought best by it; that is, it will have the same freedom to act that it would have if no appeal had been taken. 15. Until the board has taken a different action no doubt mandamus will be a remedy to compel the board to carry into effect the appeal decision and the former action of the board. 16. If it is shown conclusively that a transcript is materially defective, that valuable testimony heard upon the trial before the county superintendent is not included in the transcript, or that testimony which should not have been omitted was excluded, an appeal case may be remanded to the county superintendent for another trial. 17. When the decision of the county superintendent on appeal, reversing the order of the board, is reversed by the superintendent of public instruction on the appeal to him, the effect of the last decision, which is final, is to affirm the orig- inal order made by the board, and the result of this is to leave the matter as entirely in the hands of the board as though no appeal had ever been taken from its action. Decisions, 48. 18. But if the county superintendent reverses an order of the board and the superintendent of public instruction affirms the decision of the county superintend- ent, such decision will prevent the board from taking any action in the matter until some material change occurs, rendering such a new action necessary. Decisions, 34 and 62. 19. Payment for postage in advance will be required with the affidavit. It is impossible to tell what amount of postage will be needed in each case, and one dollar will be required to cover all needed postage. If the dollar does not accom- pany the affidavit, the filing will be delayed until the amount is received. SCHOOL LAWS OF IOWA. g^ Sec. 2821. Witnesses— fees. The county superintendent in all matters triable before him shall have power to issue subpoenas for witnesses, which may be served by any peace officer, compel the attendance of those thus served, and the giving of evidence by them, in the same manner and to the same extent as the district court may do, and such witnesses and officers may be allowed the same compensation as is paid for like attendance or service in such court, which shall be paid out of the contingent fund of the proper school corpora- tion, upon the certificate of the superintendent to and warrant of the secretary upon the treasurer; but if the superintendent is of the opinion that the proceedings were instituted without reasonable cause therefor, or if, in case of an appeal, it shall not besustained, he shall enter such findings in the record, and tax all costs to the party responsible therefor. A tran- script thereof shall be filed in the office of the clerk of the district court and a judgment entered thereon by him, which shall be collected as other judgments. Sec. 2822. Penalties. Any school officer wilfully violat- ing any provision of this chapter, or wilfully failing or refus- ing to perform any duty imposed by law, shall forfeit and pay into the treasury of the particular school corporation in which the violation occurs the sum of twenty-five dollars, action to recover which shall be brought in the name of the proper school corporation, and be applied to the use of the schools therein. [C. '73, §§ 1746, 1786; R, §§ 2047, 2081; C. '51, § 1137]. Sec. 2823. Provisions apply to all corporations — issuance of bonds. The provisions of this chapter shall apply alike to all districts, except when otherwise clearly stated, and the power given to one form of corporation, or to a board in one known corporation, shall be exercised by the other in the same manner, as nearly as practicable. But school boards shall not incur original indebtedness by the issuance of bonds until authorized by the voters of the school corporation. Section 2821. 1. The term costs includes only witness fees and fees to officers for the service of subpoenas. Fees cannot be allowed to any witness unless such witness is subpoenaed by the county superintendent. 2. When an appeal is taken from the decision of the county superintendent that officer should not file his transcript of costs with the clerk of courts until the case is finally determined by this department. Bond for costs cannot be required. Decisions, 84. 3. The expenses of a stenographer cannot be taxed as a part of the costs. There is no authority in law to employ a stenographer and tax the expenses of such stenographer as costs in an appeal case. Opinion of Attorney-General, 1899, 4. Section 2821 does not provide for the payment of costs or expenses in case of a rehearing on the question of issuing a certificate. Section 2823. 1. The chapter referred to in this section includes everything contained in the school laws from section 2743 to section 2823, inclusive. 92 SCHOOL LAWS OF IOWA. THE UNIFORMITY, PURCHASE AND LOANING OF TEXT-BOOKS. Section 2824. Adoption— contract— agent. The board of directors of each and every school corporation in the state of Iowa is hereby authorized and empowered to adopt text-books for the teaching of all branches that are now or may hereafter be authorized to be taught in the public schools of the state, and to contract for and buy said books and any and all other necessary school supplies at said contract prices, and to sell the same to the pupils of their respective districts at cost, and said money so received shall be returned to the contingent fund. The books and supplies so purchased shall be under the charge of the board, who may select one or more persons within the county to keep said books and supplies for sale, and, to insure the safety of the books and moneys, the board shall require of each person so appointed a bond in such sum as may seem to the board to be desirable. [25 G. A., ch. 35; 23 G. A., cb. 24, §§1,2.] ^ Section 2824. 1. There is nothing in this and the following sections from which it can be inferred that a contract must be entered into for five years. The law does not attempt to fix an exact limitation as to the time for which a contract should be made. It seems to be the intent of the law that the board of directors or the county board of education should carefully avoid making a contract which might have the effect of binding its successors in office. 2. It is within the power of any board to forbid the use of other books than those adopted for the district, and to provide by rule or regulation that scholars persistently and continuously refusing to conform to such regulation shall be refused instruction until they comply with the rule. Teachers failing to regard a rule or direction of the board that instruction be given from no other books than those legally in use, take the risk of being cited for trial under section 2782. 3. The word cost, in this section, should be understood to mean contract price. Any extra expense connected with securing the books should not be added to their purchase price, but should be paid from the contingent fund , upon separate orders. In this way the cost to the purchaser will agree with the contract price, and uniformity in cost for the same book will obtain all over a large district having several selling places, and will also be ommon in many districts and counties, while the extra expense for handling, drayage, storage, etc. . may differ somewhat in connection with each different person selected to keep the books for sale. 4. We think the words any and all other necessary school supplies are intended to include only such articles as it is customary for parents to purchase for the use of their children in school work For instance, gl bes and charts have not been furnished by the children. They cannot be bought with the money of the district, resold, and the money returned to the contingent fund as directed by the law. 5. Text-books of every variety, in all classes and grades, and all kinds of sup- plies usually purchased by the children for use in the schools for the purpose of instruction, may be purchased under this act. 6. It is evidently not the intention to impose a hardship upon the person who keeps the books and supplies for sa'e, but simply to guard the district against possible loss. The board is not to be considered as released in the slightest degree from its obligation, under the general law, to protect the funds. The bond is required for additional protection. Form 52. Nor will the fact that the board requires a bond from another person in any way release the treasurer from his SCHOOL LVWS OF IOWA. 93 Sec. 2825. Use of contingent fund— additional tax. All the books and other supplies purchased under the provisions of this chapter shall be paid for out of the contingent fund, and the board of directors shall annually certify to the board of supervisors the additional amount necessary to levy for the contingent fund of said district to pay for such books and supplies. But such additional amount shall not exceed in any one year the sum of one dollar and fifty cents for each pupil residing in the school corporation, and the amount so levied shall be paid out on warrants drawn for the payment of books and supplies only, but the district shall contract no debt for that purpose. [Same, § 2.] Sec. 2826. Purchase— exchange. In the purchasing of text-books it shall be the duty of the board of directors or the county board of education to take into consideration the books then in use in the respective districts, and they may buy such additional number of said books as may from time to time become necessary to supply their schools, and they ma\^ arrange on equitable terms for exchange of books in use for new books adopted. [Same, § 3.] absolute responsibil.ty for all funds of the diitrict coming into his hands, from whatever source. 7. In order to avoid a possible misunderstanding, every contract should be made subject to the action of the electors as provided for in section 2829. Section 2825 1 Any ■contingent fund on hand may be used to purchase books and supplies. As the proceeds from sales must be returned at once to the contingent fund, no large additional amount will ordinarily be needed to enable the avtrage district to secure books and supplies under this law. 2. When the board is estimating the levy for the contingent fund, it may inc ude in the estimate an amount needed to pay any necessary expense connected with securing the books. 3. All payments under this chapter must be made in strict accordance with the other provisions of law governing the disbursement of school moneys. No order for any purpose may be drawn until" the account has been regularly audited by the Lo rd. Section 2780, 4. It is desirable that the cost to the scholar shall be the lowest possible. Any extra expense connected with securing the books should not be added to their purchase price, but should be paid out of the contingent fund, upon separate orders. In this way the cost to the purchaser will agree with the con-tract price, and uniformity in cost for the same book will be common in many districts and counties. Note 3 to section 2824. 5 . While the district may contract no indebtedness for the purchase of books and supplies, the board may anticipate the levy and collection of taxes certified for those purposes. Section 2825. 1. The provision allowing books in use to be exchanged oa equitable terms for the new books adopted, will assist very materially in securing uniform books, as well as in reducing the expense to the people. 2. The good of the schools will be best advanced if it is ordered that the same book or books in any branch must be used in all the schools of the same grade ia the district. This will simplify the purchase, and also facilitate the introductioa of uniform books. 94 SCHOOL LAWS OF IOWA. Sec. 2827. Suit on bond. If at any time the publishers of such books as shall have been adopted by any board of direc- tors or county board of education shall neglect or refuse to furnish such books when ordered by said board in accordance with the provisions of this chapter, at the very lowest price, either contract or wholesale, that such books are furnished any other district or state board, then said board of directors or county board of education may and it is hereby made their duty to bring suit upon the bond given them by the contract- ing publisher. [Same, § 4.] Sec. 2828. Bids. Before purchasing text-books under the provisions of this chapter, it shall be the duty of the board of directors, or county board of education, to advertise, by publishing a notice for three consecutive weeks in one or more newspapers published in the county; said notice shall state the time up to which all bids will be received, the classes and grades for which text-books and other necessary supplies are to be bought, and the approximate quantity needed; and said board shall award the contract for said text- books and supplies to any responsible bidder or bidders offer- ing suitable text-books and supplies at the lowest prices, taking into consideration the quality of material used, illus- trations, binding, and all other things that go to make up a desirable text-book; and may, to the end that they may bo fully advised, consult the county superintendent, or, in case of city indepentent districts, with city superintendent or other competent person, with reference to the selection of text-books: provided that the board may reject any and all bids, or any part thereof, and re-advertise therefor as above provided. [Same, § 5.] Sec. 2829. Change— question submitted. It shall be unlawful for any board of directors or county bqard of educa- tion, except as provided in section twenty-eight hundred and twenty-seven of this chapter, to displace or change any text- book that has been regularly adopted or re-adopted under the provisions of this chapter, before the expiration of five years from the date of such adoption or re-adoption, unless author- ized to do so by a majority of the electors present and voting at their regular annual meeting in March, due notice of said Section 2828. 1. A board may not secure the advantages of purchasing text- books without first advertising for bids and letting the contract in the manner required. And this is equally true even if it is expected that a new contract will be made for the books in present use. Form 53. 2. As the period of adoption is likely to be renewed, it is essential that the best books obtainable be chosen. The knowledge and experience of county and city superintendents render them peculiarly qualified to advise the board. 3, Many years ago a provision of the law allowed the superintendent of public instruction to recommend text-books for use in the public schools. The omission of the provision referred to from our statutes indicates that the practice of com- mendation by such official is not expected by the law. SCHOOL LAWS OF IOWA. 95 proposition to change or displace said text-books having been included in the notice for the said regular meeting. fSame §6.] Sec. 2830. Samples— lists —bonds. Any person or firm desiring to furnish books or supplies under this chapter in any county shall, at or before the time of filing his bid hereunder, deposit in the office of the county superintendent samples of all text-books included in his bid, accompanied with lists giving the lowest wholesale and contract prices for the same. And said samples and lists shall remain in the county superin- tendent's office, and shall be delivered by him to his successor in office, and shall be kept by him in such safe and convenient manner as to be open at all times to the inspection of such school officers, school patrons and school teachers as may desire to examine the same and compare them with others, for the purpose of use in the public schools. The board of direc- tors and the county board of education mentioned shall require of any person or persons with whom they contract for furnishing any books or supplies to enter into a good and sufficient bond, in such sum and with such conditions and sureties as may be required by such board of directors or county board of education, for the faithful performance of any such contract. But bonds of surety companies duly authorized under the laws of Iowa shall be accepted. [Same, §7.] Sec. 2831. Oonnty board of education— question as to county uniformity. The county superintendent, the county auditor and the members of the board of supervisors shall constitute a county board of education. When petitions shall have been signed by one-third the school directors in any county, other than those in cities and towns, and filed in the office of the county superintendent of such county at least thirty days before the annual school elections, asking for a uniform series of text-books in the county, then such county superintendent shall immediately notify the other members of the county board of education in writing, and within fifteen days after the filing of the petitions said board of education Section 2831. 1. It is intended that at least one- third of the individuals com- posing all boards, except those of city and town districts, shall sign the petition referred to. Form 55. 2. By the provisions of this section every county in the state has a county board of education composed of the county superintendent, county auditor, and members of the board of supervisors. 3. In order that every voter may be fully advised of the submission of the question of county uniformity, the county board of education should publish the proposition to be voted- upon in the official papers of the county at least ten days before the annual school election, and they should also transmit to the secretaries of the several boards of directors copies of said proposition, and direct said secre- taries to give notice thereof and provide for the taking of a vote thereon at the annual meeting. 1)6 SCHOOL LAWS OF IOWA. shall meet and provide for submitting to the electors at the next annual meeting the question of county uniformity of school text-books. [Same, §§ 8, 9; 28 G. A., ch. 111.] Sec. 2832. Selection of books— depositories. Should a majority of the electors voting at such elections favor a uni- form series of text-books for use in said county, then the •county board of education shall meet and select the school text-books for the entire county, and contract for the same under such rules and regulations as the said board of educa- tion may adopt. When a list of text-books has been so selected, they shall be used by all the public schools of said ■county, except as hereinafter provided, and the board of edu- cation may arrange for such depositories as it may deem best, and may pay for said school books out of the county funds, .and sell them to the school districts at the same price as pro- vided for in section twenty-eight hundred and twenty-four of this chapter, and the money received from said sales shall be returned to the county funds by said board of education monthly. The boards of school officers, who are hereby made the judges of the school meetings, shall certify to the board of supervisors the full returns of the votes cast at said meet- ings the next day after the holding of said meeting?, who shall, at their next regular meeting, proceed to canvass said votes and declare the result. Unless otherwise ordered Section 2832. 1. The county board of education is a continuous body. 2. County boards of education should from time to time make such rules and -regulations as seem necessary to carry out the purpose and spirit of the lav. 3. Purchases of records, dictionaries, apparatus and similar supplies for the use of the district may not be made by contract under this law, but such articles should be bought with contingent fund, as provided by section 2783. Note 4 to section 2824. 4. The county board of education must cause the books to be sold to the people ■direct, under such regulations as the board may adopt. 5. Security by bond made payable to the county, may be required from depositaries. But the fact that the money from sales must be returned to the county funds monthly, will lessen the need for as much security as would be necessary if a large. sum of money could be held by a depositary for a long time. 6. The county board of education should arrange for a sufficient number of -depositories to accommodate fully the people of every district in the county. 7. It will promote an equality of price for the same book in the several <:ounties, if any slight extra expense connected with securing or handling the books be not added to the contract price, but paid for from the county funds, by the board of supervisor's. In this way, the books and supplies may be sold to the people at cost, the same as provided under section 2824, when purchase is made by a district. Note 4 to section 2825. 8. It is apparent that there will be many questions arising upon which we can- not venture an opinion. Any matter in which the binding force or validity of a contract is involved, can be determined only by the courts of law, 9. The county attorney is the legal adviser of the county board of education, and he should be freely consulted on questions upon which the board may be in doubt. Code, section 302. SCHOOL LAWS OF IOWA. 97 by the board of education, the county superintendent shall have charge of such text-books and of the distribution thereof among the depositories selected by the board; he shall render to the board at each meeting thereof itemized accounts of his doings, and shall be liable on his official bond therefor. [Same, § 9; 28 G. A.,, ch. 112.] Sec. 2833. Proceedings of county board. The county superintendent shall in all cases be chairman of the county board of education, and the county auditor shall be the secre- tary, and a full and complete record shall be kept of their proceedings in a book kept for that purpose in the office of the county superintendent. A list of text-books so selected, with their contract prices, shall be reported to the state super- intendent with the regular annual report of the county super- intendent. [Same, § 10.] Sec. 2834. Officers not to be agents. It shall be unlawful for any school director, teacher or member of the county board of education to act as agent for any school text-books or school supplies during such term of office or employment, and any school director, officer, teacher or member of the county board of education who shall act as agent or dealer in school text-books or school supplies, during the term of such office or employment, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than ten dollars nor more than one hundred dollars, and pay the costs of prosecution. [Same, § 11.] Sec. 2835. City schools. The provisions of sections twen- ty-eight hundred and thirty-one, twenty-eight hundred and 10. The vote upon county uniformity must be by ballot. The result of such vote should be duly certified by the judges of election to the board of supervisors the next day after the annual meeting. 11. ' 'The boards of school officers" who are made the judges of election by this section consist of the president, the secretary, and one of the directors as provided for in section 2746. 12. In order to facilitate matters in holding this election, the board of educa- tion might very properly provide for the printing and distribution of ballots, and make such other arrangements as may be necessary. Section 2833. When a list of text-books has been selected as provided in this section, they must be used by all the public schools of said county, except as pro- vided in section 2835, notwithstanding the fact that contracts made by boards of school corporations may not have expired. Section 2834 . 1 . The intention of this section is to prohibit any of the per- sons named from engaging in any business in connection with school text- books or supplies, by which his pecuniary interests might be brought in conflict with his official duties. 2. The fact that a person is subject to the penalties named, for violating the provisions of this section, will not operate to deprive him of his office or position. 3. School directors, teachers, and members of the county board of education are by this section absolutely prohibited from acting as agents for, or dealers in, school text books or school supplies. Section 2835. 1. All except sections 2831, 2832 and 2833, apply to city and 7 98 SCHOOL LAWS OF IOWA. thirty-two and twenty-eight hundred and thirty-three of this chapter shall not apply to schools located within cities or towns, nor shall the electors of said cities or towns vote upon the question of county uniformity; but nothing herein shall be so construed as to prevent such schools in said cities and towns from adopting and buying the books adopted by the county board of education at the prices fixed by them, if by a vote of the electors they shall so decide. [Same, § 12.] Sec. 2836. Free text-books — question submitted. When- ever a petition signed by one-third or more of the legal voters, to be determined by the school board of any school corporation, shall be filed with the secretary thirty days or more before the annual meeting of the electors, asking that the question of providing free text-books for the use of pupils in the public schools thereof be submitted to the voters at the next annual meeting, he shall cause notice of such proposition to be given in the call for such meeting. [26 G. A., ch. 37, § 1.] Sec. 2837. Loaning— discontinuance. If, at such meeting, a majority of the legal voters present and voting by ballot thereon shall authorize the board of directors of said school corporation to loan text-books to the pupils free of charge, then the board shall procure such books as shall be needed, in the manner provided by law for the purchase of text- books, and loan them to the pupils. The board shall hold pupils responsible for any damage to, loss of, or failure to return any such books, and shall adopt such rules and reg- ulations as may be reasonable and necessary for the keeping and preservation thereof. Any pupil shall be allowed to pur- chase, any text-book used in the school at cost. No pupil already supplied with text-books shall be supplied with otheis without charge until needed. The electors may, at any elec- tion called as provided in the last section, direct the board to discontinue the loaning of text-books to pupils. [Same, §§ 2^6.] town independent school districts, and such districts may purchase books and sup- plies in the same manner as other districts, under sections 2824 to 2830. 2. City and town independent districts may by a vote of the electors, at a reg- ular meeting or at a special meeting called for that purpose, decide to adopt and use the books adopted by the county board of education. Section 2836. These provisions afford all s hool corporations the oppor- tunity to supply free books, so that every child may continuously enjoy the priv- ileges of school . It is believed that if districts will take action in accordance with the spirit of the law, the percentage of attendance at school can be materially increased, and the usefulness of our schools to all the children greatly enhanced. Section 2837. 1. As much of the success of free text-books will depend upon the rules and regulations adopted by the board to govern the care and use of the books, aboard should take more than the usual pains to adopt plain, comprehen- sive, and effective rules for the guidance of all concerned. 2. While the district may contract no debt for the purchase of books, the board may anticipate the levy and collection of taxes certified under section 2825, so as to carry out the instructions of the electors without unnecessary delay. SCHOOL LAWS OF IOWA. 99 LAWS OF THE TWENTY-SEVENTH GENERAL ASSEMBLY. CHAPTER 88. FENCING SCHOOLHOUSE SITES. S. F. 120. AN ACT to require boards of school directors to fence schoolhouse sites. [Amend- atory to title XIII, chapter 14, of the code, relating to system of common schools.] Be it enacted by the General Assembly of the State of Iowa: Section 1. Duty of boards of school directors. It shall be the duty of all boards of school directors in school districts where the schoolhouse site adjoins the cultivated or improved lands of another to build and maintain a lawful fence between said site and cultivated or improved lands. Sec. 2. Rights of owner of adjoining lands. The owner of lands adjoining any schoolhouse site shall have the right to connect the fence on his lands with the fences around any schoolhouse site, but he shall not be liable to contribute to the maintenance of the fence around said site. Approved March 25, J 898. CHAPTER 89. changing CORPORATION LIMITS — EFFECT OF: S. F. i86. AN ACT to empower boards of directors of school corporations to change bound- ary lines between such corporations in certain cases. [Amendatory of title XIII, chapter 14 of the code, pertaining to system of common schools.] Be it enacted by the Central Assembly of the State of Iowa: Section 1. Corporation limits changed. When the bound- ary line between a school township and an independent city or town district is not also the line between civil townships, such boundary may be changed at any time by the concur- rence of the boards of directors; but in no case shall a forty- acre tract of land, by the government survey, be divided; and such subdivisions shall be excluded or included as entire for- ties. The boundaries of the school township or the independ- 100 SCHOOL LAWS OF IOWA. ent district may in the same manner be extended to the line between civil townships, even though by such change one of the districts shall be included within and consolidated with the other as a single district. When the corporate limits of any city or town are extended outside the existing independ- ent district or districts, the boundaries of said independent district or districts shall be also correspondingly extended. But in no case shall the boundaries of an independent district be affected by the reduction of the corporate limits of a city or town. Approved March 19, 1898. CHAPTER 90. SCHOOL LAWS— METHOD OF DISTRIBUTION. H. F. l8l. AN ACT to provide for the sale and distribution of the school laws of Iowa. [Additional to title XIII, chapter 14, of the code, relating to the system of common schools.] Be it enacted by iht General Assemblv of the State of Iowa: Section 1 . County auditors — requisition — duplicate re- ceipts On or before the 15th day of November of each year, the auditor of each county shall make an estimate of the number of copies of the school laws of Iowa as will, in his judgment, be required to supply the demand for such laws in his county, in addition to the number of copies of said school laws furnished by the state as provided for in section 2624, chapter 1, title 13 of the code. The county auditor shall transmit his estimate to the superintendent of public instruc- tion, together with a requisition for the number of copies required. On receipt of the requisition the superintendent of public instruction shall forward to the county auditor the number of copies named in the requisition. On receipt of the copies transmitted to him, the county auditor shall execute receipts therefor in duplicate, one of which he shall immedi- ately transmit to the superintendent of public instruction and the other to the state auditor. Sec. 2. Sale — price. The county auditor shall keep for sale at his office in the court house of the county, copies of the school laws of the state of Iowa, which he shall receive in the manner hereinbefore provided, at a price not to exceed twenty (20) cents per copy of such laws, bound in paper and not to exceed 30 cents per copy of such laws bound in cloth and pay the proceeds of such sales into the county treasury on or before the 15th day of November of each year. >Sec. 3. Statement of copies sold. The said county auditor shall also on or before the 15th day of November of each year, make out in writing under oath, a statement of the SCHOOL LAWS OF lOW*!; '' > ^'^^^'^^ 101 number of copies sold by him and 'nO't-befomaCc^ounfed for, and the number remaining- on hand and the amount paid to the county trersurer, and transmit such statement to the auditor of state, who shall charge the county treasurer with such amount, and the superintendent of public instruction shall certify to the state auditor the number of copies trans- mitted to each county auditor and the state auditor shall charge each county auditor therewith, and subsequently credit him with such as may be sold or otherwise lawfully disposed of. Sec. 4. Copies delivered to successor. When the county auditor goes out of office, having any such copies remaining, he shall deliver them to his successor, taking his receipt therefor in duplicate, one of which shall be sent to the state auditor which shall be his sufficient discharge for the same. Approved April 12, 1898. LAWS OF TPIE TWENTY-EIGHTH GENERAL ASSEMBLY. CHAPTER 23. ENABLING SCHOOL CORPORATIONS TO ACCEPT GIFTS AND BEQUESTS. AN ACT to amend section seven hundred and forty (740) of the code, enabling school corporations to accept gifts and bequests. Be it enacied by the General Assembly of the State of Iowa: Section 1 . Power to accept bequests— how administered. That section seven hundred and forty (740) of the code be and the same is hereby amended by striking out of the second line thereof the words, ''other municipalities," and inserting in lieu thereof the words, "school corporations;" and by insert- ing after the word ''bequest" in the third line of said section seven hundred and forty (740) the following words: "And to administer the same through their proper officers in pursuance of the terms of the gift or bequest." Sec. 2. In effect. This act, being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and the Des Moines Leader, news- papers published at Des Moines, Iowa. Approved February 27, 1900. I hereby certify that the foregoing act was published in the Iowa State Register and the Des Moines Leader, March 1, 1900. G. L. DoBSON, Secretary of State. 102 ^^ V SCHOm; LAWS OF IOWA. A^t'lKv> -JL.^JHAPTER 41. INDEBTEDNESS OP COUNTIES AND OTHER POLITICAL AND MUNICIPAL CORPORATIONS. s. F. 39. AN ACT to repeal section thirteen hundred and six (1306) of the code, and to enact a substitute therefor, relating to the assessment of taxes, and limiting the indebtedness of counties, and other political and municipal corporations, including cities acting under special charter. Be it enacted by the General Assembly of the State of Iowa: Section 1. Repealed. That section thirteen hundred and six (1306) of the code be and is hereby repealed, and the fol- lowing enacted in lieu thereof: Sec. 2. Amount of indebtedness limited. *^No county or other political or municipal corporation, including cities acting under special charters, shall be allowed to become indebted, in any manner or for any purpose, to an amount in the aggre- gate exceeding one and one-fourth per centum on the actual value of the property within such county or corporation, to be ascertained by the last state and county tax list previous to the incurring of such indebtedness." Sec. 3. In effect. This act, being deemed of immediate importance, shall be in force from and after its publication in the Des Moines Register and the Des [Moines] Leader, news- papers published at Des Moines, Iowa. Approved April 6, 1900. I hereby certify that the foregoing act was published in the Iowa State Register and the Des Moines Leader April 7, 1900. G. L. DoBSON, Secretary of State . CHAPTER 109. THE TEACHING OP THE ELEMENTS OP VOCAL MQSIG IN THE PUBLIC SCHOOLS. H. F. 68. AN ACT to provide for the teaching of the elements of vocal music in all the pub- lic schools of Iowa. [Amendatory of chapter 14, title XIII, of the code, relat- ing to the system of common schools.] Be it enacted by the General Assembly of the State of Iowa: Section 1. Instruction in vocal music authorized. That the elements of vocal music, including when practical the singing of simple music by note, be taught in all of the public schools of Iowa, and that all teachers teaching in schools where such instruction is not given by special teachers be required to satisfy the county superintendent of their ability to teach the elements of vocal music in a proper manner. Provided, however, that no teacher shall be refused a certifi- SCHOOL LAWS OF IOWA. IO3 cate or the grade of his or her certificate lowered on account of lack of ability to sing. Sec. 2. Normal institute. That it shall be the duty of each county superintendent to have taught annually in the normal institute the elements of vocal music. Sec. 3. In eflfect. This act shall take effect on the fourth day of July of the year nineteen hundred and one. Approved April 19, 1900. CHAPTER 110. LIBRARIES FOR THE USE OF TEACHERS, PUPILS AND OTHER RESIDENTS IN SCHOOL DISTRICTS. S. F. 240. AN ACT to establish libraries for the use of teachers, pupils and other resident, in all school districts. [Amendatory of chapter 14, title XHI, of the codes relating to the system of common schools.] Be it enacted by the General Assembly of the State of Iowa; Section 1. Library fund. The treasurer of each school township and each rural independent district in this state shall withhold annually, from the money received from the apportionment for the several school districts, not less than five nor more than fifteen cents, as may be ordered by the board, for each person of school age residing in each school corporation, as shown by the annual report of the secretary, for the purchase of books as hereinafter provided. When so ordered by the board of directors, the provisions of this sec- tion shall apply to any independent district. Sec. 2. Purchase of books— distribution. Between the third Monday of September and the first day of December in each year the president and secretary of the board, with the Section 1. 1. It is mandatory upon the treasurer in each school township and each rural independent district to withhold from the apportionment each year a certain number of cents for each person between the ages of 5 and 21 years, for the purchase of library books. 2. The amount withheld, annually, for each person, may not exceed fifteen cents, nor be less than five cents. The exact amount per pupil is left to the dis- cretion of the board of directors, and may vary from one year to another. In determining the amount the board should consider the special needs of the dis- trict. Under section 2783, the board may use the contingent fund to purchase dictionaries, library books, maps, charts, and apparatus, to an amount not exceeding twenty -five dollars in any one year for each schoolroom under its charge. 3. The provisions of the law apply to independent districts having cities, towns, and villages, only when so ordered by the board of directors. Independ- ent districts without libraries should avail themselves of the benefits of the law. Section 2. 1. The money withheld by the treasurer cannot be used for any purpose except the purchase of books. All expenses such as freight charges, 104 SCHOOL LAWS OF IOWA. assistance of the county superintendent of schools, shall expend all money withheld by the treasurer as provided in section one of this act, in the purchase of books selected from the lists prepared by the state board of educational examiners as hereinafter provided, for the use of the school district; in school townships the secretary shall distribute the books thus selected to the librarians among* the several subdistricts, and at least semi-annually collect the same and distribute others. Sec. 3. State board of educational examiners to prepare lists of books. It is hereby made the duty of the state board of educational examiners to prepare annually or biennially lists of books suitable for use in school district libraries, and furnish copies of such lists to each president, secretary, and each county superintendent, as often as the same shall be published or revised, from which lists the several presidents and secretaries and county superintendents shall select and purchase books. Sec. 4. Record book. It shall be the duty of each secre- tary to keep in a record book, furnished by the board of directors, a complete record of the books purchased and dis- tributed by him. Sec. 5. Librarian. Unless the board of directors shall elect some other person, the secretary in independent districts and director in sub-districts in school townships shall act as librarian and shall receive and have the care and custody of the books, and shall loan them to teachers, pupils, and other residents of the district, in accordance with the rules and regulations prescribed by the state board of . educational examiners and board of directors. Each librarian shall keep express, postage, exchange, library cases, and record books, should be paid from the contingent fund. 2. The county superintendents in visiting schools should carefully inspect the library to see that it is properly kept; that the books are properly listed and labeled, and that the teachers know the best use to make of it. 3. By avoiding duplicates in purchasing, so far as may be deemed wise, readers in the different subdistricts will have larger advantages from the circu- lating library. Section 3. 1. It is illegal to purchase books or editions not included in the list recommended by the state board of examiners. Section 5. 1. Much of the success of the library work will r epend upon the librarian, and it is urged that great care be taken in making the selection. 2. The library is free to all pupils of suitable age, teachers, and residents of the district, and the librarian shall loan the books to them in accordance with the rules and regulations prescribed by the state board of educational examiners, and the board of directors. 3. The library must be kept in the schoolhouse during the term of school. At other times it is placed under the control of the librarian. 4. Each school officer upon the termination of his term of office, shall immedi- ately surrender to his successor all books, papers, and monies pertaining or belonging to the office, taking a receipt therefor. Code, section 2770. SCHOOL LAWS OF IOWA. 105 a complete record of the books in a record book furnished by the board of directors. During the periods that the school is in session the library shall be placed in the schoolhouse, and the teacher shall be responsible to the district for its proper care and protection. The board of directors shall have super- vision of all books and shall make an equitable distribution thereof among the schools of the corporation. Approved March 29, 1900. LAWS OF THE TWENTY-NINTH GENERAL ASSEMBLY. CHAPTER 115. SCHOOLS FOR INSTRUCTION AND TRAINING OF TEACHERS FOR COMMON SCHOOLS. S. F. 328. AN ACT to provide for the inspection , recognition and supervision of schools for the instruction and training of teachers for the common schools, and providing for the licensing of the graduates of the same. Be it enacted by the General Assembly of the State or Iowa: Section 1. Educational examiners to inspect and supervise. That the state board of educational exarainers shall consti- tute a board for the inspection, recognition and supervision of the schools designed for the instruction and training of teachers for the common schools. Sec. 2. Accredited schools — annual visitation. That schools desiring state recognition shall apply to the board of educational examiners which shall then proceed to inspect such schools with reference to course of study, equipment and faculty. All schools that shall meet the requirements of the board of educational examiners shall be known as accred- ited schools. Such schools shall have an annual visitation by some member of the board of educational examiners, or some one appointed for that purpose by said board, who shall receive compensation as is provided for in section 2634 of the code. Sec. 3. Certificates— fee. Graduates of approved accred- ited schools who shall pass the required examination for a two years' certificate shall receive from the state board of examiners a certificate for two years, which may be renewed under such rules as said board may prescribe. Applicants for a certificate shall pay a fee of $2.00, one-half of which shall be returned in case of failure. Sec. 4. Sworn statement. At the close of each school year, the principal or superintendent of each accredited school shall file with the board of examiners a sworn statement, showing the name, age, postofQce address, studies and attend- 106 SCHOOL LAWS OF IOWA. ance of each of the students in his school taking the pre- scribed teachers' course. Approved April 9, 1902. CHAPTER 128. AN ACT FOR COMPULSORY EDUCATION. H. F. 170. Be it enacted by the General Assembly of the State of Iowa: Section 1. Duties of parents or guardians — penalty. Any person having control of any child of the age of seven (7) to fourteen (14) years inclusive, in proper physical and mental con- dition to attend school, shall cause such child to attend some public, private, or parochial school, where the common school branches of reading, writing, spelling, arithmetic, grammar, geography, physiology, and United States history are taught, or to attend upon equivalent instruction by a competent teacher elsewhere than school, for at least twelve (12) consecutive school weeks in each school year. Provided, that this section shall not apply to any child who lives more than two (2) miles from any school by the nearest traveled road except in those districts in which the pupils are transported at public expense, or who is excused for sufficient reasons by any court of record or judge thereof. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon con- viction 'thereof shall pay a fine of not less than three ($3) dollars nor more than twenty ($20) dollars, for each offense. Sec. 2. Reports to secretary. Upon notice from the secretary of the school corporation within which such school is conducted, it shall be the duty of each principal of each private or parochial school, once during each school year, and at any time when requested in individual cases, and within ten days from the receipt of such notice, to furnish to such secretary a certificate and report of the names, ages and attendance of the pupils in attendance at such school during the preceding year and from the time of the last preceding report to the time at which a report is required and any person having the control of any child between seven and fourteen years of age inclusive, who shall place the same under private instruction, not in a regularly conducted school, upon receiving notice from the secretary of the school cor- poration, shall furnish a like certificate stating the name and age of such child and the period of time during which said child has been under said private instruction; and any person having the control of such child who is physically or mentally unable to attend school, public or private, shall furnish proofs by affidavit or affidavits as to the physical or mental condition of such child. All such certificates, reports and proofs shall SCHOOL LAWS OF IOWA. jq7 be filed and preserved in the office of the secretary of the school corporation as a part of the records of his office. Sec. 3. Certified copies. It shall be the duty of the sec- retary of the school corporation to furnish to any person interested, where so requested, certified copies of all certifi- cates contemplated by this act, on file in his office. Sec. 4. Truant schools. The board of directors of any school corporation may establish truant schools, or set apart separate rooms in any public school building, for the instruc- tion of children who are habitually truant from instruction, as contemplated by this act. Such directors may provide for the confinement, maintenance, and instruction of such chil- dren in such schools, under such reasonable rules and regula- tions as they may prescribe. If any child, committed or sent to the truant school shall prove insubordinate and escape from such school during school hours, or absent himself or herself therefrom without the consent of the persons in charge thereof, then it shall be the duty of the person in charge of said school with the consent of the parent or guardian to file information before the judge of a court of record, who may, if the charge be found to be true and the said child be habitually vagrant, disorderly, or incorrigible commit such child to one of the industrial schools of the state, under the same proceeding as is provided by section twenty-seven hundred eight (2708), of the code so far as the same may be applicable. Sec. 5. Truant Officers. The board of directors of each school corporation may, at their annual meeting in each year, appoint one or more truant officers, who shall serve for one year, and who may be a constable or a member of the police force, whose duty it shall be to report violations of this act to the secretary of the school corporation, and see to the enforcement of the provisions of this act. It shall be the duty of said truant officer or officers to apprehend and take into custody without warrant any child of the age of seven (7) to fourteen (14) years inclusive, who habitually frequents or loiters about public places during school hours without lawful occupation, or cannot produce a certificate as provided in section two (2) hereof, also any truant child who absents himself or herself from school, and place him or her in charge of the teacher having charge of any school, which said child is entitled to attend, and which school may be designated to said officers by the person having legal control of such child: Provided, however, in case the school so designated by the parent or person having the care and control of said child be a public school it shall be such as directed by the rules and regulations of the school board and the statutes ol the state, and if other than a public school, the maintenance of said child in such school shall be without expense to the school 108 SCHOOL LAWS OF IOWA. corporation or state. Upon failure of such child to properly attend or when on report of the teacher having the custody of such child, said child is shown to not properly conduct itself in the school where placed as herein provided, the child may be removed therefrom by the board of directors and placed either in a public school or a truant school con- ducted in said district. The truant officer or officers shall be entitled to such compensation for service rendered under this act, as shall be fixed by the board of directors appointing him or them, which compensation shall be paid from the contin- gent fund of said district. Sec. 6. Enforcement. It shall be the duty of the director or president of any board of directors, or any truant officers appointed by such board of directors, to enforce the provi- sions of this act, to sue for and recover the penalties herein provided, and to institute criminal prosecution against any person violating the provisions of this act, and any such officers neglecting to do so within thirty (30) days after a written notice has been served upon him by any citizen of said district within which the offending person shall reside, shall himself be liable for a fine of not less than ten ($10) dollars nor more than twenty (§20) dollars for each offense. Sec. 7. Teachers and school officers — duties. All teachers of the public schools of the state, and county superintendents, and school officers and employes shall promptly report to the secretary of the school corporation any violations of the provisions of this act, of which they have knowledge or infor- mation, and he shall promptly inform the president of the board of directors thereof and such president shall, if neces- sary, call a meeting of the board of directors to take such action thereon as the facts shall justify, and any child placed in any truant school may be discharged therefrom at the dis- cretion of the board, upon sufficient assurance of the future good conduct of such child. Sec. 8. Provisions for punishment. The board of direc- tors of every school corporation is hereby authorized to provide such reasonable methods of punishment of children who are habitually truant from school, or who habitually frequent or loiter about public places during school hours witnout lawful occupation, as may be necessary to carry out and make effectual the provisions of this act. Sec. 9. School census. It shall be the duty of all officers, empowered to take the school census, to ascertain the num- ber of children of the ages of seven (7) to fourteen (14) years, inclusive, in their respective districts, the number of such children who do not attend school, and so far as possible, the cause of failure to attend school. Approved April 1, 1902. SCHOOL LAWS OF IOWA. ^QQ CONSTITUTION OF IOWA. ARTICLE 9. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL LANDS. Section 1. Under control of general assembly. The educational and school fund and lands, shall be under the control and management of the general assembly of this state. Sec. 2. Permanent fund. The university lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same shall be annually appro- priated for the support and benefit of said university. Sec. 3. Lands appropriated. The general assembly shall encourage, by all suitable means, the promotion of intellec- tual, scientific, moral and agricultural improvement. The proceeds ot all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which may have been or shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of congress, distrib- uting the proceeds of the public lands among the several states of the Union, approved in the year of our Lord one thousand eight hundred and forty-one, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as has been or may hereafter be granted by congress, on the sale of lands in this state, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state. Sec. 4. Fines, etc., how appropriated. The money which may have been or shall be paid by persons as an equivalent from exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of 110 SCHOOL LAWS OF IOWA. the penal laws shall be exclusively applied in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in propor- tion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establish- ment of libraries, as the board of education shall from time to time provide. Sec. 5. Proceeds of lands. The general assembly shall take measures for the protection, improvement, or other dis- position of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons to this state, for the use of the university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said university, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university. Sec. 6. Agents of school funds. The financial agents of the school funds shall be the same that, by law, receive and control the state and county revenue, for other civil purposes, under such regulations as may be provided by law. Sec. 7. Distribution. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the general assembly. An act providing for a different method of distribution of the school fund , held unconstitutional as in conflict with the above section. Dist. Tp. v. County Judge, 13 Iowa, 250. THE STATE UNIVERSITY. Section 2635. Board of regents— powers. The state uni- versity shall be governed by a board of regents, of which the governor and superintendent of public instruction shall be members by virtue of ofiBce, and the governor president, which shall meet at such times as it may appoint, and the governor may call special meetings when found expedient, or they may be called by the secretary of the board upon the written request of any three members thereof. It shall elect a secretary and treasurer, who shall hold their offices at the pleasure of the board. It shall have power to appoint a president and the requisite number of professors and tutors, with such other officers as it may deem expedient, and fix the SCHOOL LAWS OF IOWA. m compensation to be paid them, including that of the secretary and treasurer, and the amount to be paid for tuition. It shall have power to remove any officer or employe connected with the university when in its judgment the good of the institution so requires. [21 G. A., ch. 181; 16 G. A., ch. 147; C. '73, §§ 1587, 1590, 1592-3, 1596; R., § 1934 ] Sec. 2639. Apparatus— library— cabinet of natural his- tory. The board of regents may from time to time expend of the income of the university fund such portion as it may find expedient in the purchase of apparatus, library, and a cabinet of natural history, to provide suitable means to pre- serve and keep the same, and in procuring other necessary facilities for giving instruction. For the purpose of supply- ing a cabinet of natural history, all geological and mineral- ogical specimens which are now or may hereafter be collected by the state geologists, or by others appointed by the state to investigate its natural history and physical resources, shall belong to and be the property of the university, under the charge of the professors of those departments. [C. '73, §§ ]597-8;R., §§ 1931, 1935.] Sec. 2640. Object — departments— degrees. The university shall never be under the exclusive control of any religious denomination. Its object shall be to provide the best and most efficient means of imparting to men and women, upon equal terms, a liberal education and thorough knowledge of the different branches of literature and the arts and sciences, with their varied applications. It shall include a collegiate, law, and such other departments, with such courses of instruction and elective studies, as the board of regents may determine, beginning the same in its collegiate department, so far as practicable, at the points where the same are com- pleted in high schools; and no one shall be admitted who has not completed the elementary studies in such branches as are taught in the common schools throughout the state. Gradu- ates in each of the several courses shall receive such degrees and diplomas or other marks of distinction as the board of regents may determine and such as are usually conferred and granted by 'other universities. [C.'73, §§ 1585-6, 1589; R., §§ 1926, 1930; C. '51, § 1020.] Sec. 2641. Reports. On the first day of October preced- ing the meeting of the general assembly, the president of the university shall make a report to the board of regents, which shall exhibit the condition and progress of the institution, the different courses of study pursued, the branches taught, the means and methods of instruction adopted, the number of students, their names, classes, and residences, with such other matters as he may regard important. The board of 112 SCHOOL LAWS OF IOWA. regents, on the fifteenth day of October in each odd numbered year, shall make report to the governor, which report shall show the number of professors, tutors, and other officers, the compensation of each, the condition of the university fund, the income received therefrom, the amount of expenditures with the items thereof, and such other information and such recommendations as it shall regard important. [22 G. A., ch. 82, § 29; C.'73, §§ 1600-1.] THE STATE COLLEGE OF AGRICULTURE AND MECHANIC ARTS Act of Congress July 2, 1862, AN ACT donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts. Section 1. That there be granted to the several states for the purpose hereinafter named, an amount of the public land, to be apportioned to each state, a quantity equal to thirty thousand acres for^each senator and representative in con- gress to which the states are respectively entitled, by the apportionment under the census of 1860; j^rooided, that no mineral lands shall be selected under the provisions of this act. Sec. 2. That the land aforesaid, after being surveyed, shall be apportioned to the several states in sections or sub- divisions of sections, not less than one-quarter of a section; and whenever there are public lands in a state subject to sale at private entry at one dollar and twenty-five cents per acre, the quantity to which said state shall be entitled shall be selected from such lands within the limits of such state, and the secretary of the interior is hereby directed to issue to each of the states in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty- five cents per acre, to which said state may be entitled under this act, land scrip to the amount in acres for the deficicmcy of its distributive share; said scrip to be sold by said states and the proceeds thereof to be applied to the uses and pur- poses prescribed in this act, and for no other purpose what- ever; provided, that in no case shall any state to which land scrip may thus be issued, be allowed to locate the same within the limits of any other state, or of any territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twenty-five cents or less per acre; and provided further^ that not more than one million acres shall be located by such assignees, in any one of the states; ^,ndi provided further, that no such loca- tion shall be made before one year from the passage of this act. SCHOOL LAWS OF IOWA. 113 Sec. 3. That all the expenses of management, superin- tendence, and taxes from date of selection of said lands pre- vious to their sale, and all the expenses incurred in the man- agement and disbursement of the moneys which may be received therefrom, shall be paid by the state to which they may belong, out of the treasury of said state, so that the entire proceeds of the sales of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned. Sec. 4. That all moneys derived from the sale of the lands aforesaid by the states to which the lands are appor- tioned, and from the sale of land scrip hereinbefore provided for, shall be invested in the stocks of the United States, or of the states, or of some other safe stocks, yielding not less than five per centum upon the par value of said stocks; and that the money so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section fifth of this act), and the interest of which shall be inviolably appropriated by each state, which may take and claim the benefit of this act, to the endowment, support, and maintenance, of at least one college, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the states may respectively prescribe, in order to promote the liberal and practical education of the indus- trial classes in the several pursuits and professions of life. [Chapter 108, Statutes at Large, 47th Congress, approved April 26, 1882, amends this section ''so as to permit the state of Iowa, which has provided a college in accordance with this act, to loan the endowment fund belonging to said college, upon real estate security, under such rules and regulations as the General Assembly shall hereafter provide.] Sec. 5. A?id be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the fol- lowing conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several states shall be signified by legislative acts: First — If any portion of the fund invested as provided by the foregoing section, or any portion of the interest thereon shall, by any action or contingency, be diminished or lost, it shall be replaced by the state to which it belongs, so that the capital of the fund shall remain forever undiminished, and the annual interest shall be regularly applied, without diminution, to the purposes mentioned in the fourth section of this act, except that a sum not exceeding ten per centum upon the amount received by any state under the provisions of this act may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said states. 8 1X4 SCHOOL LAWS OF IOWA. Second — No portion of said fund nor the interest thereon, shall be applied directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. Third — Any state which may take and claim the benefit of the provisions of this act must provide, within five years at least, not less than one college, as described in the fourth section of this act, or the grant to such state shall cease; and said state shall be bound to pay the United States the amount received of any lands previously sold, and that title of pur- chasers under the state shall be valid. Fourth — An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and result, and such other matters, including state industrial and economical statistics, as may be supposed useful; one copy of which shall be trans- mitted by mail free by each to all the other colleges which may be endowed under the provisions of this act, and also one copy to the Secretary of the Interior. Fifth — When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they should be completed to the state at the maximum price, and the number of acres proportionately diminished. Sixth — No state while in a condition of rebellion or insur- rection against the government of the United States shall be entitled to the benefit of this act. Seventh — No state shall be entitled to the benefit of this act, unless it shall express its acceptance thereof by its legislature within two years from date of its approval by the President. Sec. 6. That land scrip issued under the provision of this act, shall not be subject to location until after the first day of January, 1863. Sec. 7. That the land officers shall receive the same fees for locating land scrip issued under the provisions of this act, as is now allowed for the location of Military Bounty Land Warrants under existing \2i,^^\ provided^ their maximum com- pensation shall not thereby be increased. Sec. 8. That the governors of the several states to which scrip shall be issued under this act, shall be required to report annually to congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds. [U. S. Statutes 1861-2, p. 503.] SCHOOL LAWS OF IOWA. n^ LAWS OP IOWA. Section 2645. Grant accepted. Legislative assent is given to the purposes of the various congressional grants to the state for the endowment and support of a college of agricul- ture and mechanic arts, and an agricultural experiment station as a department thereof, upon the terms, conditions and restrictions contained in all acts of congress relating thereto, and the state assumes the duties, obligations and responsibili- ties thereby imposed. All moneys appropriated by the state because of the obligations thus assumed, and all funds arising from said congressional grants, shall be invested or expended in accordance with the provision of such grant, for the use and support of said college located at Ames. [24 G. A., ch. 6; 20 G. A., ch. 76, § 1; C. '73, § 1604; R., § 1714.] Sec. 2646. Board of trustees. The college shall be under the control and management of a board of trustees of which the governor and superintendent of public instruction shall be members, by virtue of office; but neither the president nor other officer or employe of the college and farm shall be eligi- ble to membership therein. [27 G. A., ch. 76; 20 G. A., ch .76, §1;G. '73, §1604;R., § 1714.] Sec. 2648. Courses of study. There shall be adopted and taught practical courses of study embracing in their leading branches such as relate to agriculture and the mechanic arts, and such other branches as are best calculated to thoroughly educate the agricultural and industrial classes in the several pursuits and professions of life, including military tactics, and, as a separate department, a school of mines, in which a complete course in theoretical and practical mining- in its different branches shall be taught. [25 G. A., ch. 107; 20 G. A., ch. 27; C. '73, § 1621.] Sec. 2649. Tuition— admission. Tuition in the college herein established shall be forever free to pupils from the state over sixteen years of age, who have been residents of this state six months previous to their admission. Each county in this state shall have a prior right to tuition for three scholars from such county; the remainder, equal to the capacity of the college, shall be by the trustees distributed among the counties in proportion to the population, subject to the above rule. Transient scholars otherwise qualified, may at all times receive tuition. [C. '73, § 1619.] *********** Sec. 2651. President. The president shall manage and control the affairs of the college and farm, subject to such rules as may be prescribed by the board of trustees, and shall report to it at its annual meeting, and at such other times as it directs, all his acts and the condition of the several depart- 116 SCHOOL LAWS OF IOWA. ments, with his recommendations for the future management thereof. [C.73, § 1611.] Sec. 2662. Secretary. The secretary shall keep a record of the proceedings of the board, and all documents and papers xjonnected with the office, and conduct the correspondence. All acts of the board relating to the management, disposition, or use of the lands, funds or other property of the institution shall be entered of record, and show how each member voted upon each proposition. He shall also prepare the biennial report of the board to the governor; and report to the execu- tive council annually, and at such other times as may be required by it, all loans made since his last report to it; and also, to the board, all loans made since its last meeting, unless otherwise ordered; but such reports must be made at least quarterly. Upon the election of any person to any office under the board, he shall give notice thereof to the secretary of state. He shall also keep an account with the treasurer, charging him with all money paid him, and crediting him with the amounts paid out upon the order of the board of audit, which account shall be balanced monthly. [20 G. A., ch. 193, §4; C. '73, § 1612.] Sec. 2673. Sale of liquors. No person shall open, main- tain or conduct any shop or other place for the sale of wine, beer or spirituous liquors, or sell the same at any place within a distance of three miles from the agricultural college and farm; provided, that the same may be sold for sacra- mental, mechanical, medical or culinary purposes; and any person violating the provisions of this section shall be pun- ished on conviction by any court of competent jurisdiction, by a fine not exceeding fifty dollars for each offense, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. [C.'73, § 1620.] THE NORMAL SCHOOL. Section 2675. Board of trustees— oflacers. The normal school at Cedar Falls, for the special instruction and training of teachers for the common schools, shall be under the man- agement and control of a board of trustees, of which the superintendent of public instruction shall be, by virtue of office, a member and president. It shall meet annually on or before June fifteenth, at the call of the president, and organ- ize by the election of one of its members vice-president, and a secretary and treasurer, neither of the latter to be a mem- ber of the board. The treasurer shall give bond in the sum of twenty thousand dollars, with good and sufficient sureties. SCHOOL LAWS OF IOWA. II7 to be filed with and approved by the secretary of state, which bond shall be conditioned for the safe keeping and proper disbursement of all money coming into his hands by virtue of his office. [16 G. A., ch. 129, §§ 1, 4.] Sec. 2676. Powers of board — admissions — fees. The board shall" have power to employ a sufficient number of suit- able and competent teachers and other assistants; fix their compensation; make all necessary rules and regulations for the management of the school, the admission of pupils from the several counties in the state, giving to each county its proper representation therein in proportion to the popula- tion thereof, and to all teachers in the state equal rights, requiring that each one received as a pupil shall furnish satisfactory evidence of good moral character and the honest intention of following the business of teaching school in the state; and make such arrangements as it may for the lodging and boarding of pupils, which shall be paid for by them. It may charge a fee for contingent expenses not to exceed one dollar monthly, and a tuition fee of not more than six dollars a term, if necessary for the proper support of the institution, and shall determine what part of the year the school shall be open, its sessions to continue, however, for at least twenty- six weeks of each year. [17 G. A., ch. 142, § 2; 16 G. A., ch. 129, § 5.] Sec. 2677. Branches of study. Physiology and hygiene shall be included in the branches of study regularly taught to and studied by all pupils in the school, and special refer- ence shall be made to the effect of alcoholic drinks, stimu- lants and narcotics upon the human system, and the board of trustees shall provide the means for the enforcement of the provisions of this section and see that they are obeyed. [25 G. A., ch. 1, § 1.] Sec. 2678. Contract with school districts. The board of trustees may contract with the board of directors of the school township or independent district in which the school is situated, and those contiguous thereto, for a period not exceeding two years at a time, to receive the pupils thereof into the normal school and furnish them with instruction, payment therefor to be made out of the teachers' fund of such townships or districts, which shall not exceed fifty cents, weekly, for each pupil; the contract to be in writing, and a copy filed with the county superintendent. [25 G. A., ch. 40, §§ 1-3.] Sec. 2679. Teachers' reports— tuition. If such a contract is entered into, all reports required by law to be made to the board of directors of such townships or districts and the county superintendent, by the teachers thereof, shall be made by the principal of the normal school, and all sums 118 SCHOOL LAWS OF IOWA. paid for tuition shall go to its contingent fund. [Same, §§ 3, 4.] Sec. 2680. Report to governor. The board shall bien- nially, through its secretary, make a detailed report to the governor of its proceedings during the preceding two years, which report shall show the number of teachers employed, the compensation of each, the number of pupils and classification, an itemized statement of receipts and expenditures, and such further information with such recommendations as may be regarded important to the interests of the institution, and with reference to its connection with the educational work of the state. [22 G. A., ch. 64, § 2; 16 G. A., ch. 129, § 9.] Sec. 2681. Compensation of ofB.cers. The secretary of the board shall receive such compensation as may be fixed by it, not exceeeing one hundred dollars annually, with actual traveling expenses. The treasurer shall be allowed only his actual traveling expenses, the claim for which, as well as that of the secretary, to be itemized and verified before it is allowed and paid which shall be done out of the state treasury upon the warrant of the state auditor. [22 G. A., ch. 64, § 1; 16 G. A., ch. 129, § 2.] Sec. 2682. Appropriation. There is hereby appropriated the sum of twenty-eight thousand five hundred dollars annually as an endowment fund for the payment of the teachers of said normal school, and the further sum of nine thousand dollars annually as a contingent fund therefor. The amount herein appropriated shall be drawn and paid quarterly on the first days of March, June, September and December, on the requisi- tion of the board of trustees of the school. [27 G. A., ch. 77.] COUNTY HIGH SCHOOLS. Section 2728. How established. Any county may estab- lish a high school in the following manner: When the board of supervisors shall be presented with a petition signed by one-third of the electors of the county as shown by the returns of the last preceding election, requesting tbe establishment of a county high school at a place in the county named therein, it shall submit the question, together with the amount of tax to be levied to erect the necessary buildings, at the next general election to be held in the county, or at a special one called for that purpose, first giving twenty days' notice thereof in one or more newspapers published in the county, if any be published therein, and by posting such notice, written or printed, in each township of the county, at which election the vote shall be by ballot, for or against establishing the high school, and for or against the levying of the tax, the vote to be canvassed in the same manner as that for county officers. Should a majority of all the votes cast upon the SCHOOL LAWS OE IOWA. 119 question be in favor of establishing such school, and the levying of such tax, the board of supervisors shall at once appoint six trustees, residents of the county, not more than two from the same township, who, with the county superintendent of com- mon schools as president, shall constitute a board of trustees for said high school. [27 G. A., ch. 84, § 1; C. '73, § 1697-9, Sec. 2729. Trustees— officers. The trustees, within ten days after appointment, shall qualify by taking the oath of civil officers, and giving bond in such sum as the board of supervisors may require, with sureties to be approved by it, and shall hold office until their successors are elected and qualified, who shall be elected at the general election follow- ing. The trustees, then elected, shall be divided into three classes of two each, and hold their office one, two and three years, respectively, their several terms to be decided by lot, and thereafter two trustees shall be annually elected, the trustees so elected to qualify in the same manner and at the same time as other county officers and all vacancies occurring to be filled by appointment by the board of supervisors, the appointee to hold the office until the next general election, and a majority of which trustees shall constitute a quorum for the transaction of business. At the first meeting held in each year, the board shall appoint a secretary and treasurer from their own number, who shall perform the usual duties devolving upon like officers. The treasurer, in addition to his bond as trustee, shall give one as treasurer, in such sum and with such sureties as may be fixed by the board, and receive all moneys from all sources belonging to the funds of the school, and pay them out as directed by the board of trus- tees, upon orders drawn by the president and countersigned by the secretary; both of which officers shall keep an accu- rate account of all moneys received and paid out, and at the close of each year, and whenever required by the board, shall make a full itemized and detailed report. [C. '73, §§ 1699, 1700, 1704, 1711.] Sec. 2730. Site — tax. As soon as convenient after the organization of the board, it shall proceed to select the best site that can be obtained without expense to the county, at the place named in the petition upon which the vote was taken, for the erection of the necessary school buildings, the title to be taken in the name of the county, and shall procure plans and specifications for the erection of such buildings, and make all necessary contracts for the erection of the same, the cost of which, when completed, shall not exceed the amount of the tax so levied therefor. They shall also annu- ally make and certify to the board of supervisors on or before the first Monday of September of each year, an estimate of the amount of funds needed for improvements, teachers' 120 SCHOOL LAWS OF IOWA. wages and contingent expenses for the ensuing year, designat- ing the amount for each, which, in the aggregate shall not exceed, in any one year, two mills on the dollar, upon the taxable property of the county. No expenditures for build- ings or other improvements shall be made, or contract entered into therefor, by said board, involving an outlay of to exceed five hundred dollars in any one year, without the same first being submitted to the electors of the county in which said school be located, for their approval; the tax to be levied and collected in the same manner as other county taxes, and paid over by the county treasurer in the same manner as school funds are paid to district treasurers. [27 G. A., ch. 84, § 2; C. '73, §§ 1702-3, J 705.] Sec. 2731. Buildings— management. Said board shall make no purchases, nor enter into any contracts in any year, in excess of the funds on hand and to be raised by the levy of that year. It shall employ, when suitable buildings have been furnished, a competent principal teacher to take charge of the school, and such assistant teachers as may be neces- sary, and fix the salaries to be paid them, and in the conduct of the school may employ advanced students to assist in the work. Annual reports shall be made by the secretary to the board of supervisors, which report shall give the number of students, with the sex of each, who have been in attendance during the year, the branches taught, the text-books used, number of teachers employed, salary paid to each, amount expended for library, apparatus, buildings, and all other expenses, the amount of funds on hand, debts contracted, and such other information as may be deemed important, and this report shall be printed in at least one newspaper in the county, if any is published therein, and a copy forwarded to the superintendent of public instruction. And for their serv- ices the trustees shall each receive the sum of two dollars per day for the time actually employed in the discharge of official duties, claims for services to be presented, audited^ and paid out of the county treasury, in the same manner as other accounts against the county. [27 G. A., ch. 84, § 3; C.'73, §§ 1705-6, 1710, 1712.] Sec. 2732. Regulations. The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as is deemed proper in regard to the studies, conduct and government of the pupils; and any pupil who will not conform to and obey such rules may be suspended or expelled therefrom by the board of trustees. Said board of trustees shall make all necessary rules and reg- ulations in regard to the age and grade of attainments neces- sary to entitle pupils to admission into the school, and shall, on or before the tenth day of July of each year make an apportionment between the different school corporations of SCHOOL LAWS OF IOWA. 121 the county, of the pupils that shall attend said school, and shall apportion to each of said school corporations its propor- tionate number, based upon the number of pupils that can be reasonably accommodated in said school, and the number of pupils of school age, actual residents of such school corpora- tions, as shown by the county superintendent's report last filed with the county auditor, of said county; said apportion- ment shall be published in the official papers of such county, to be paid for, as other county printing; pupils from the said school corporations to the number so designated in such appor- tionment, shall be entitled to admission into said school, tuition free, and none others, and it shall be unlawful to accredit pupils so attending to any other school corporation, than the one in which they are enumerated for school puposes. Should there be more applicants for such admission from any school corporation than its proportionate number, so deter- mined, then the board of directors of such school corporation shall designate which of said applicants shall be entitled to so attend. If the school shall be capable of accommodating more pupils than those attending under such apportionment, others may be admitted by the board of trustees, preference at all times being given to pupils desiring such admission, who are residents of the county. The board of trustees shall fix reasonable tuition for such pupils. If such pupils are resi- dents of the county the school corporation from which they attend shall pay their tuition out of its contingent fund. The principal of such high school shall report to the said board of trustees under oath, at the close of each term the names and number of pupils attending such school during said term, from what school corporation they attended, and the amount of tuition, if any, paid by each, the same to be included in the annual report of the secretary of the board of trustees to the board of supervisors, provided for in sec- tion twenty-seven hundred and thirty-one (2731) of the code. The tuition so paid to be turned over to the treasurer of the board of trustees to be used in paying the expenses of said school under the direction of said board. [27 G. A., ch. 84, § 4; C.'78, § 1709. J Sec. 2733. Petitions to abolish— election. Whenever cit- izens of any county having a county high school desire to abolish the same or to dispose of any part of the buildings or property thereof, they may petition the board of supervisors at any regular session thereof in relation thereto, and sec- tions three hundred and ninety-seven (397), three hundred and ninety-eight (398), three hundred and ninety-nine (399) and four hundred (400) of the code shall apply to and govern the whole matter, including the manner of presenting and deter- miningf the sufficiency of such petitions and remonstrances thereto so far as applicable. If an election is ordered th^ 122 SCHOOL LAWS OF IOWA. same shall be held at the time of the general election or at a special election called for that purpose and the proposition shall be submitted and the election conducted in the manner provided in title six (6) of the code. If any proposition as herein provided be legally submitted and adopted, the board of supervisors is hereby empowered to carry the same into effect. [27 G. A., ch. 84, § 5; C.'73, §§ 1707-8.] Jti^. BLANK iORMS. 123 BLANK FORMS. • NUMBER 1.— SECTION 2736. teacher's CLASS CERTIFICATB. Office of County Superintendent, , Iowa , 190 .1 This certifies that. RESULT OF EXAMINATIONS. PER CENT. Orthography Reading... Writing Arithmetic Geography Grammar U. S. History Didactics Physiology, etc Elements of Vocal Music has passed a satisfactory examination in the branches named herein, with the results appended, is of good moral character, and is in all other respects possessed of the nec- essary qualifications as an instructor. I hereby authorize to teach the subjects named in any public school of county for a period of months from the date of this certificate. No. County Superintendent. STUB FOR ABOVE FORM. STUB FOR NEXT FORM. No, No. Granted to Granted to Postofifice Age Terms taught Granted 190 . Expires , 190. Postofl&ce Age Terms taught Granted 190. Expires 190. RESULT OF EXAMINATIONS. PER CENT. RESULT OF EXAMINATIONS. OrthograpJay Reading Writing Arithmetic Geography Grammar U. S. History Didactics Physiology , etc Elements of Vocal Music . Orthography Reading Writing Arithmetic Geography Grammar U. S. History Didactics Physiology, etc. . . ; Elementary Civics Elementary Algebra Elements of Physics Elementary Economics. . . Elements of Vocal Music. PER CENT. 124 BLANK FORMS. NUMBER 2— SECTION 2737. teacher's two years' certificate. Office of County Superintendent, Iowa, 190.. This certifies that. result of examinations . Orthography Reading Writing Arithmetic Geography Grammar U. S. History Didactics Physiology, etc Elementary Civics Elementary Algebra... Elements of Physics Elementary Economics. Elements of Vocal Music PER CENT. has passed a satisfactory examination in the branches named herein , with the results appended, is of good moral character, has had thirty- six weeks' successful experience in teaching, and is in all other respects possessed of the nec- essary qualifications as an instructor. I hereby authorize to teach the subjects named in any public school of county for a period of two years from the date of this certificate. No. County Superintendent, NUMBER 3— SECTION 2736. teacher's special certificate. Office of County Superintendent, Iowa, ISO ,} This certifies that has passed a satisfactory examina- tion in the special studies written herein, is of good moral character, and is in all other respects possessed of the necessary qualifications as an instructor. I hereby authorize to teach only the branches named in any public school of county for a period of months from the date of this certificate. No... No. stub for above. Granted to Postoffice Age Terms taught Granted 190. Expires , 190. County Superintendent . NoTB— Th's is printed on the face of the cer- titicare, similar to Form 2. result of examinations PER cent. result of examinations. PER cent. BLANK FORMS NUMBER 4.— SECTION 2737. revocation of teacher's certificate. Office of County Superintendent, Iowa, 190 125 J To Boards of Directors: You are hereby notified that a certificate to teach , granted to dated , 190,., is hereby revoked in accordance with the provisions of section 2737, the said revocation to take effect from the date hereof. County Superintendent, NUMBER 5— SECTION 2738. application for teachers' normal institute. Office of County Superintendent, ^ Iowa 190.. j To the Superintendent of Public Instruction : I desire to hold the annual normal institute for county at , Iowa , commencing on the day of 190. . , and closing on the day of 190. . I shall act as director, and have selected, subject to your approval, as conductor, and , , as instructors, and hereby requ'^ist your concurrence in these arrangements. County Superin tendent . NUMBER 6.— SECTION 2738. monthly report of examination fees, institute fund. Received $ from examination fees , foi; the month of and paid the same to the treasurer of .county, Iowa. NAME of applicant AMOUNT RECEIVED. NAME OF APPLICANT. AMOUNT RECEIVED. 24 1 49 50 25 1 Total $ . . * « I hereby certify that the above report is correct. Iowa, County Superintendent, 1. 190.. 126 BLANK FORMS. NUMBER 7.— SECTION 2738. REPORT OF REGISTRATION FEES, INSTITUTE FUND. Received $ from registration fees of normal institute , held at • commencing , 190. . , and paid the same to the treasurer of county, Iowa. NAME OF TEACHER. AMOUNT RECEIVED . NAME OF TEACHER . AMOUNT RECEIVED. 1 $ 151 !l52 1$ 1... 2 1 .... ..:: ;v;::;::.-::.|!:::::::i:::: * * * * 149 * i 299 * * <• » ^ 150 ..State appropriation Total ' ' ' i $.;.:... r 1 hereby certify that the above report is correct. Iowa 1 , 190 . . County Superintendent, NUMBER 8.— SECTION 2738. RECEIPT FOR INSTITUTE FUND. Received of , county superintendent, dollars institute fund. , Iowa 1 , 1 90 . , County Treasurer » NUMBER 9.— SECTION 2738. order on county auditor. Office of County Superintendent, 1 $ Iowa 190.. J To , Auditor of County: Please draw and deliver to. a warrant upon the Institute Fund for dollars, as by duly verified bill No accompanying this order. No County Superintendent, NUMBER 10.— SECTION 2746. NOTICE OF ANNUAL MEETING. Notice is hereby given to the qualified electors of the. of in the county of , state of Iowa, that the annual meeting of said district will be held ar on the second Monday in March, 190.., at. . .o'clock. . .m. , and closing at... o'clock., .m. A director will be elected for a term of years, to succeed , one for years, to succeed and BLANK FORMS. 127 The meeting will be open for the transaction of such business as may legally come before it, and the board has directed that the following propositions shall be submitted to and determined by the voters: 190.. Secretary. NUMBER 11.— SECTION 2746. PROCEEDINGS OF ANN0AL MEETING. March...., 190.. The electors of the in the county of state of Iowa, assembled at pursuant to notice. The meeting was called to order by the president at o'clock m. The secretary being absent , was elected secretary . The order of business and powers of the meeting were stated by the president. It was moved by seconded by , that the ballots provide for voting upon a tax of dollars for schoolhouse purposes. Carried , votes for an d votes against . On motion of seconded by , it was voted that the ballots provide for voting a tax of eight hundred dollars for the purpose of building a schoolhouse in subdistrict No It was ordered that the ballots afford opportunity to vote upon the proposition o transfer dollars of unused schoolhouse fund to the teachers' (contingent) fund. The polls for voting were opened at minutes after o'clock. At minutes after o'clock the polls were closed , the ballots were counted, and the vote upon the several matters voted upon was in each case as follows: The time required by law during which the meeting must be kept open having passed, the meeting adjourned at minutes after o'clock. Secretary . Chairman NUMBER 12.— SECTION 2746. CERTIFICATE OF ELECTION. We hereby certify that at the annual meeting of the , in the county of , statt of Iowa, held on the second Monday in March, 190 .. , was duly elected of said district, for a term of years, to succeed 190. . Judges of Election, 128 BLANK FORMS. NUMBER 13.— SECTION 2751. NOTICE OF SUBDISTRICT MEETING. Notice is hereby given that a meeting of the qualified voters of subdistrict No , of the school township of , in the county of , state ot Iowa, will be held at , on the first Monday in March, 190. . , at.... o'clock m. , for the election of a director and for the transaction of such o^her business as may legally come before it. The question whether hun- dred dollars schoolhouse tax shall be voted upon the property of the subdistrict will be determined by ballot at such meeting. 190 . . Director ot Subdistrict No NUMBER 14.— SECTION 2751. PROCEEDINGS OF ANNUAL SUBDISTRICT MEETING. March 19i.. The voters of subdistrict No , of the school township of in the county of , state of Iowa, met pursuant to notice. was appointed chairman, and secretary of the meeting. The chairman announced the powers of the meeting. The polls were opened at minutes after o'clock. At minutes after ....o'clock the polls were closed, and the judges proceeded to count the ballots. For director votes were cast for , votes for , and votes for upon which was declared elected director for the ensuing year, and he was given his certificate of election. Upon the proposition to vote a schoolhouse tax of hundred dollars upon this subdistrict, votes were cast for the tax, and against the tax. It was declared that the vote was At minutes after. . . .o'clock, on motion of the meeting adjourned. Secretary. Chairman, NUMBER 15.— SECTION 2751. CERTIFICATE OF ELECTION FOR DIRECTOR OF SUBDISTRICT. We hereby certify that at the annual meeting of subdistrict No , of the school township of , in the county of state of Iowa , held on the first Monday in March , 190 was duly elected director of said subdistrict. 190 . . Judges of Election . NUMBER 16.— SECTION 2753. CERTIFICATE OF TAX VOTED BY SUBDISTRICT MEETING. To Secretary Board ot Directors of the School TovmsMp of •• I hereby certify that the voters of subdistrict No , of tne school township BLANK FORMS. 129 of in the county of state of Iowa, at the meeting held , 190 . . , voted a tax of dollars for the erection of a schoolhouse in said subdistrict. 190.. Secretary of Subdistrict Meeting, NUMBER 17. -SECTION 2760. BOND OF SKCRETARY OR* TREASURER. , Know all Men by these Presents: That I , , as principal , and and as sureties , of the in the county of , state of Iowa, are held and firmly bound unto the , in the said county and state , in the penal sum of dollars, to be paid to the said for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. The condition of this obligation is that as of the , in the county of , state of Iowa, he will render a true account of his office and of his doings therein to the proper authority, when required thereby or by law; that he will promptly pay over to the officer or person entitled thereto all moneys which may come into his hands by virtue of his office; that he will promptly account for all balances of money remaining in his hands at the termination of his office; that he will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to his said office, and deliver them to his successor, or to any other person authorized to receive the same; and that he will faithfully and impartially, without fear, favor, fraud or oppression, discharge all duties now or hereafter required of his office by law; and the sureties on such bond shall be liable for all money or public property that may come into the hands of such officer at any time during his possession of such office. In testimony whereof we have hereunto subscribed our names this day of , 190.. Principal. Sureties. State of Iowa, ^ county, i ^^" I , do solemnly swear (or affirm) that I will sup- port the constitution of the United States and the constitution of the state of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all the duties of the office of secretary (or treasurer) of the in the county of , state of Iowa, as now or hereafter required by law. Subscribed and sworn to before me by the above named this day of , 190.. In testimony whereof witness my hand and official seal. Notary Public. [seal.] 9 130 BLANK FORMS. Statb of Iowa, county. J I. being duly sworn, depose and say that I am a resident freeholder of the state of Iowa, and am worth the sum of dollars beyond the sum of my debts , and have property liable to execution in this state equal to the sum of dollars. Subscribed and sworn to before me by the above named this day of , 190. . In testimony whereof witness my hand and official seal. [SBAL.] Notary Public, NUMBER 18.— SECTION 2762. DRAFT ON THB COUNTY TREASURER. 190. 7b , County Treasurer: Pay to , treasurer of the in the county of , state of Iowa dollars teachers* fund , dollars schoolhouse fund , and dollars contingent fund, being the amount of tax collected and due this district for the quarter ending 190. . , as shown by your notice of , 190. . Secretary. President, NUMBER 19.— SECTION 2?62. ORDER ON DISTRICT TREASURER. 7o Treasurer of the. Pay to , or order, . . . for , 190.. dollars from the fund, Secretary. President, NUMBER 20.— SECTION 2?62. ORDER REGISTER OF SECRETARY AND TREASURER. 1 DATB. IN WHOSE FAVOR DRAWN. FOR WHAT PURPOSE. o n a &. X! a a s U 1 April?, 190.. April?, 190.. April?, 190.. May 10, 190.. May 14, 190.. John Smith A. J. Adams Joel B. Young .. Thomas Harrison Sarah Johnson . . Teaching school Repairs on schoolhouse Fuel $45.00 2 3 $ 5.00 $5.66 4 5 Erection of schoolhouse Teaching school *63'.74 125.00 BLANK FORMS. 131 NUMBER 21.— SECTION 2764. REGISTER OF PERSONS OF SCHOOL AGE. AGE. 2-3 . « 2 l3 5 w >, REASON FOR NON-ATTENDANCE. PARENT OR GUARDIAN. Note— Read section 9 of chapter ia8, page 108. NUMBER 22.— SECTION 2766. CERTIFICATE TO COUNTY OFFICERS. I hereby certify that at a meeting of the board of directors of the held on the day of 190. . , the following officers wer* elected and have qualified according to law: , to the office of , postoffice , to the office of , postoffice •• , to the office of , postoffice , 190.. Stiretary, NUMBER 23. -SECTION 2767. CERTIFICATE OF TAXES. To the Board of Supervisors of County: I hereby certify that a tax of dollars has been fixed by the board of directors of the in the county of , •tate of Iowa, for the teachers' fund, and dollars for the contingent fund as provided in section 2806. 190 Secretary, NUMBER 24.— SECTIONS 2767 and 2806. CERTIFICATE APPORTIONING TAXES. To the Board of Supervisors of County: I hereby certify that a tax voted by the voters of the school township of in the county of state of Iowa, of dollars for schoolhouse purposes, has been apportioned by the board of directori among the subdistricts as follows: Upon subdistrict No. 1 dollars. Upon subdistrict No. 2 dollars. Upon subdistrict No. 3 dollars. Upon subdistrict No. 4 dollars. Upon subdistrict No. 5 dollars. 190 Secretary, 132 BLANK FORMS. NUMBER 25.— SECTION 2767. CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. To the Board of Supervisors of County; I am directed by the board of directors of the school township of in the county of , state of Iowa, to certify that the voters of sub- district No of said township , at a meeting held 190 . . , voted that dollars be raised on the property within the subdistrict for schoolhouse fund. 190.. Secretary, NUMBER 26.— SECTION 2768. treasurer's ACCOUNT. Treasurer, in account with teachers* {schoolhouse or contingent) fund. Dr. Sept. 28, 190 Oct. Jan. April April 5, 4. 5, 5. 190 190 190 190 July 5, 190. To cash received of tionment To cash received of To cash received of To cash received of To cash received of lionment To cash received of county treasurer, semi-annual appor- county treasurer, district tax county treasurer, district tax . . , county treasurer, district tax county treasurer, semi-annual appor- county treasurer, district tax. $270.00 75.00 150.00 197.00 135.00 100.00 , Treasurer, in account with teachers* fund. Cr. Oct. Oct. 13, 190. 13, 190. Nov. 14, 190. May 3, 190. May May May 4, 190. 4, 190. 5, 190. By cash paid James Hogan, on order No. 1 By cash paid Sarah Smith, on order No 3 By cash paid Nicholas Hoover, on order No. 4, By cash paid Louisa Martin, on order No. 7. . By cash paid Jas. M. Higgins, on order No. 10. By cash paid Stephen Phelps, on order No. 11. By cash paid Amelia Mason, on order No. 13. . . $136.00 89.00 135.00 82.00 115.00 175.00 95.00 To. NUMBER 27. -SECTION 2771. CERTIFICATE OF APPOINTMENT. You are hereby notified that at a meeting of the board of directors of the , in the county of , state of Iowa, on the day of 190 . . , you were appointed of said to fill a vacancy occasioned by the of ,190.. Secretary. NUMBER 28.- SECTION 2773. DEED FOR SCHOOLHOUSE SITE. Know all men by these presents: That we , , and , , of the county of , state of Iowa, in consideration of the sum of dollars in hand paid, do hereby sell and convey unto the in the county of state of BLANK FORMS. J33 Iowa, the following described premises , situated in the county of state of Iowa, to- wit: {Here describe the premises.) And we do hereby covenant with the said that we are lawfully seized of said premises; that they are free from incumbrance; that we have good right and lawful authority to sell the same; and wc do hereby covenant to warrant and defend the title to the said premises against the Lawful claims of all persons whomsoever. Signed this day of , 190.. State of Iowa, "J county, j On this day of , 190. . , before me, a notary public in and for said county, personally came and , personally to me known to be the identical persons whose names are affixed to the above deed, for the purposes therein expressed. Witness my hand and notarial seal this day [l. S.] of 190... Notary Public. NUMBER 29.— SECTION 2773. LEASE OF SCHOOLHOUSE SITE. Know all men by these presents: That of the county of state of Iowa, for the consideration hereinafter mentioned, does hereby release unto president of the board of directors of the , in the county of , state of Iowa, or his successor in office , for the use of said for school purposes , the following described premises, situated in the county and state aforesaid, to-wit: {Here describe the lot or parcel of ground) together with all the privileges thereto belonging , for the term of from the day of , 190. . The said president as aforesaid, or his successor in office, hereby agrees to pay the said for the use of said premises , the rate of dollars to be paid at the expiration of this lease. In testimony whereof we have hereunto subscribed our names this day of , 190... . Signed in duplicate. President, NUMBER 30.— SECTION 2778. CONTRACT BETWEEN BOARD AND TEACHER. This contract between , a teacher of .county, Iowa, and president board of directors of the , in the county of , state of Iowa, witnesseth: That the said agrees to teach the public school in of said district for the term of weeks, commencing on the day of , 1^0. . , X34 BLANK FORMS. and well and faithfully to perform the duties of teacher in said school, according to the law, and the rules legally established for the government thereof, including the exercise of due diligence in the preservation of the school buildings, grounds, furniture, apparatus and other school property. In consideration of said services , the said , as president of the board , in behalf of said agrees to pay the said the sum of dollars a month for school months , at the end of Witness our hands this day of 190... Teacher. President. NoTB— Any other matters agreed upon between the board and the teacher should be incorporated lo the contract. NUMBER 31.— SECTION 2779. PROPOSALS FOR ERECTION (OR REPAIR) OF SCHOOLHOUSH. Notice is hereby given that the proposals for the erection {or repair) of a schoolhouse in the in the county of , will be received by the undersigned, at his office in (where plans and specifications may be seen), until 1 o'clock p. m , , 190.., at which time the contract will be awarded to the lowest responsible bidder. The board reserves the right to reject any or all bids. 190 Secretary, NUMBER 32.— SECTION 2779. CONTRACT FOR BUILDING A SCHOOLHOUSE. Contract made and entered into between , of the county of , state of Iowa, and in behalf of the in the county of state of Iowa, and his successors in office. In consideration of the sum of dollars, to be paid as herein- after specified, the said hereby agrees to build a schoolhouse and to furnish the material therefor, according to the plans and specifications for the erection of said house hereto appended , at in said The said house is to be built of the best material in a substantial, workmanlike manaer, and to be completed and delivered to the said , or his successors in office, free from any lien for work done or material furnished, on or before the day of 190. . And in case the said hou e is not finished by the time herein specified, the said shall forfeit and pay to the said or his successors in office, for the use of said , the sum of dollars , and shall also be liable for all damages that may result to said in consequence of said failure . The said , or his successors in office , in behalf of said , hereby agrees to pay the said the sura of dollars when the foundation of said house is finished; BLANK FORMS. 135 and the further sum of dollars when the walls are up and ready for the roof; and the remaining sum of dollars when the said house is finished and delivered as herein stipulated. It is further agreed that this contract shall not be sublet, transferred, or assigned, without the consent of both parties. Witness our hands this day of , 190. . Contractor, President, NUMBER 33.— SECTION 2779. BOND FOR PERFORMANCB OF CONTRACT. Know all Men by these Presents: That we , as principal , and and as sureties, of the county of , state of Iowa, are held and firmly bound unto tho in the county of state of Iowa, in the penal sum of dollars, for the payment of which , well and truly to be made, we bind ourselves, our heirs, administrators and assigns, jointly, severally and firmly by these presents. The condition of the above obligation is such that, whereas the said has this day entered into a written contract with , as president of the board of directors of the , in the county of state of Iowa , and his successors in oflBice , for the erection and completion of a school house in said , by the day of , 190. . , according to the plans and specifications for the construction of said house appended to said contract. Now, therefore, if the said shall faithfully and fully comply with all the stipulations of said contract, then this obligation shall be void, otherwise remain in full force and virtue in law. In testimony whereof we have hereunto subscribed our names this day of .., 190.. Principal. Sureties, NUMBER 34.— SECTION 2785. LIST OP PARENTS AND CHILDREN, KEPT BY DIRECTOR. PARENTS OR GUARDIANS. John Smith, James Jones Anna Byron NAMES OF CHILDREN. Peter Smith Eliza Smith William Jones Charles Peters (ward) James Byron SEX. Male . . . Female. Male . . . Male . . . Male . . . NOTB.— Read lection 9 of chapter laS, page AGB. .a-o REASON FOR NON - AT- TENDANCE. 10 years. 12 years. 8 years. IS years. 12 years. 40 100 80 120 See below. See below. 136 BLANK FORMS. : t3 : a O rt •a M :!: a s B CO a J3 « Q M O H w M M as u < X n 1 •SDi;OD -JBU pnB BjuBinmns 1 * * 1 * •Xjo^sih S •£! 1 1 •if3oioi8iiqj » •JBUIOIBJO * » •iqd»j3oa£) • * •opaaimuY ua^MM « « •oijatiiqjiJV l«juaj^ * * ♦ » •jSaijUM ♦ * - • •3aipB3^ * * * » •iqdBJ3omJO * • » * 'sXBp ni 33a«pa9;;B [b^ ox C4 ■* H Z a: § 8 s •ijBOl ^ (^ irt u^ •s-j > 'qX € 'M X •c-X - t^ • I ..j^ t^ - •Ajvoi ■♦ ■«♦■ lT* »/» •fe'd: - •88 "qx < •to'M 5» •9« "X vO ■Sz -w X •ijBOl -Oins ^na^^ in -*• ir> 'zz '-J •IS "qX X •03 "M 2- •61 'X •gi "i^f W w (I) w 3 1 •aSv o "- r »n s < ;2 a 2 a CO p s 1 ■i « o Ph 1 (S U •iaqmnN ■•^ « " ' S a fl S « ? » «j be •* "" « ill a aj3 IP xj 2 OS O (OS « " «> 5o8 •r o c fa| .22 5 .73 u " a°«- o O V c •S.H^1 ^ •£*- a -e -.sis s £ CI • •» 5 O w u . •'^ /oa BLANK FORMS. NUMBER 36.— SECTION 2789. teacher's term report. 137 Register of the school taught in subdistrict number , of the school town- ship of in the county of , state of Iowa, for the term commencing on the 18th day of May, 190. . , and ending , 190. . attendance in days FOR WEEKS COM- BRANCHES STUDIED. MENCING— >^ PUPILS. en o (U o 00 1— 1 ^ r-i 00 a a 1 a u be o Si 'u O a b£ a a a a o o o 5 a a NAME. o be < 10 s •-5 1 0^ J3 < o a <-> o 0} a * 1 Peter Smith 4.5 4 5 * * * * ? Eliza Smith 12 4.5 4.5 3 * * * * « * « * 'K 3 Will am Jones 8 * •* * « Charles Peters 4 5 5 * * 4t — ^ - — * 4 15 5 5 5 ^ I hereby certify that the above is a faithful and correct register of said school, Teacher, NUMBER 37.— SECTION 2803. NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. To .Secretary of the Board of Directors of Notice is hereby given that and children residing in the , have been granted permission by the board and county superintendent to attend school in , commencing on the day of , 190.., for a term of months. , 190.. President. Secretary. 138 BLANK FORMS. NUMBER 38.— SECTION 2808. notice of semi-annual apportionment. Office of County Treasurer, 190 To President of the \ You are hereby notified that according to the semi-annual apportionment made this day by the county auditor, as provided by section 2808, the sum of dollars is due the , in the county of , state of Iowa. County Treasurer, NUMBER 39. -SECTION 2809. certificate of election of county superintendent. Office of County Auditor, 190. } I hereby certify that was elected to the office of county iuperintendent, for the term commencing January 190. . His postoffice address is Iowa. County Auditor, NUMBER 40. -SECTION 2809. certificate of qualification of county superintendent. Office of County Auditor, .190 \ I hereby certify that has duly qualified for the office of county superintendent for the term commencing January 190. . His postoffice address is , Iowa. County Auditor, NUMBER 41.— SECTION 2810. MOTICB of SCHOOL TAX COLLECTED. Office of County Treasurer, J , 190. To , President of the Board of Directors of th§ You are hereby notified that the amount now collected and due the. , in county, state of Iowa, is: $ teachers' fund. $ schoolhouse fund. $ contingent fund. County Treasurer, jilb- BLANK FORMS. 139 NUMBER 42.— SECTION 281S, APPLICATION FOR APPOINTMENT OF REFEREES. To Superintendent of County: In accordance with the action of the board of directors of the you are hereby requested to appoint three disinterested persons to inspect, and assess the damages which the owner will sustain by appropriating for school purposes, the following described real estate: 190 President, Secretary, NUMBER 43.— SECTION 2815. APPOINTMENT OF REFEREES. To and You are hereby appointed and constituted a board of referees, under the pro- visions of section 2815, to assess the damages which the owner will sustain by the appropriation for school purposes, of the following described real estate: in , in the county of state of Iowa, containing one acre of land, exclusive of highway. You will therefore, on the day of , 190, . at o'clock. . . . m , , proceed to examine the real estate above described, and assess, under oath, the cash damages which the owner will sustain by the appro- priation of said land for school purposes, and immediately thereafter report to me in writing the amount of said damages. 190 County Superintendent, OATH OF REFEREES. We, , and do solemnly swear that we will well and truly, and to the best^ of our ability per- form all the duties imposed upon us by the foregoing commission. Subscribed and sworn to before me by and , this day of 190. Notary Public, 140 BLANK FORMS. NUMBER 4t.— SECTION 2815. NOTICE TO OWNER OF REAL ESTATE. To _ _ , county: You are hereby notified that I have this day appointed referees to assess the damag^es which the owner will sustain by the appropriation for school purposes of the following described real estate Said referees will meet at the above described real estate on the day of , 190 , at o'clock m., and assess said damages as provided by law. ., 190.... County Superintendent, NUMBER 45.— SECTION 2815. REPORT OF REFEREES. To , Superintendent of. county: We, the undersigfned , appointed to assess the damages which the owner will sustain by the appropriation for school purposes, of the following described real estate _ _ do hereby report that we have on this day of , 190.... carefully examined said described real estate and have assessed the damages at dollars . „ 190... Referees . NUMBER 46.— SECTION 2815. NOTICE OF ASSESSMENT OF DAMAGES. 7o..- _ , ~ county: You are hereby notified that referees were appointed to assess the damages which the owner would sustain by the appropriation for school purposes of the following described real estate — — and that said referees met at said premises on the day of 190..., and assessed said damages at dollars, as shown by their report orn file in my office. County Superintendent, m BLANK FORMS. i^^ NUMBER 47.-SECTION 2818. affidavit of appeal. State of Iowa, .county jss, V School Township of I, - , being duly sworn, on oath, say: That on the day of , 190...., the board of directors of said school township rendered a decision (or made an order) whereby {/t^re state facts showing affianVs interest in the decision , and the injury to that interest); that said board in rendering the decision (or making the order) aforesaid, committed errors as follows. {Here state the errors charged. ) Subscribed and sworn to by.... „ before me, this day of , 190... Notary Public. NUMBER 48.— SECTION 2819. NOTICK OF APPEAL. State of Iowa, ") .County. School Township of ) To , Secretary Board of Directors of the School Township of You are hereby notified that _ has filed in my office an affidavit alleging that said board of directors, on the day of , 190.... made a decision {or an order) whereby {here describe the decision or order so that the secretary may identify it) , and claiming an appeal therefrom . You are there- fore required within ten days after receiving this notice, to file in my office a com- plete transcript of the record of the proceedings of the board relating to said order, together with copies of all papers filed with you pertaining to said action appealed from. ^ , 190... County Superintendent, NUMBER 49.— SECTION 2819. CERTIFICATE TO SECRETARY'S TRANSCRIPT. I, , secretary of the board of directors of the school township of , in the county of , state of Iowa, hereby certify that the foregoing is a correct and complete transcript of the record of all proceedings of the board and of all papers filed relating to the case V , 190... , Secretary. 142 BLANK FORMS. NUMBER 50.— SECTION 2819. notice of hearing of appeal. State of Iowa, «-. - county V. School Township of. Jo >ss. You are hereby notified that there is on file in this ofl&ce a transcript of the pro- ceedings of the board of directors of the school township of „ at a meeting held on the , day of _ , 190...., in relation to {here describe the decision or order appealed from) , from which appeal has been Uken; and that the said appeal will be heard before me at on the day of - „, 190..., at o'clock m. County Superintendent. NUMBER 51.— SECTION 2820. certificate to county superintendent's transcript. I , superintendent of _ .„ tounty, state of Iowa, hereby certify that the foregoing is a correct and complete transcript of the records of all proceedings had , testimony given and papers filed in my office, and my rulings thereon, also of my decision in the case V 190.. County Supeiittendent. NUMBER 52. -SECTION 2824. BOND FOR SALE OF BOOKS AND SUPPLIES. Know all Men by these Presents: That we, of the county of as principal, and and , as sureties are held and firmly bound unto the in the county of state of Iowa, in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents. The Condition of the Foregoing Obligation is, That, whereas, the above named , is to take charge of, care for, and account for all text-books and supplies, and to return all moneys received from the sale of such books and supplies to the contingent fund of said district; now, if the said _ shall promptly pay over to the treasurer of the district all money which may come into his hands from the sale of books and supplies, and shall account in full at any time for all books and supplies coming into his hands, and shall deliver to any person or officer authorized to receive the same, all books and supplies unsold, and make full settlement as required by law, then this bond to be void, otherwise in full force. Signed this day of , 190 m Principal, Sureties, BLANK FORMS. 143 NUMBER 53.— SECTION 2828. NOTICE TO PUBLISHERS OF TEXT-BOOKS. Notice is hereby given that in accordance with law, bids will be received up to of the day of , 190..., by at for the following text-books and supplies for the use of the schools of said Approximate Number Needed for First Supply Readers, First to Fifth, inclusive Arithmetics, two books •. Speller > Geographies, two books United States History Grammar Language Lessons Copy books, 1-5 inclusive „ „ Physiology ~ Approximate number in attendance upon the schools of said ^ during the year 190 Samples of all text-books included in any bid must be deposited and remain in the ofl&ce of the county superintendent. The board reserves the right to reject any or all bids, or any part thereof. President. Secretary, _ , 190... NUMBER 54.— SECTION 2830. BOND OF CONTRACTOR TO FURNISH TEXT- BOOKS. Know all Men by these Presents: That we, ^of , as principal, and ~ „ , as sureties, are held and firmly bound unto the in the penal sum of dollars to be paid to the said - for which pay- ment well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents. The conditions of the above obligation are such that if the above bounden shall well and truly fulfill and comply with all the obligations of their contract made on the day of 190...., with the aforesaid providing for the furnishing of school text-books at prices and on conditions set forth in their said contract, a copy of which said contract is hereto attached and made a part hereof, then this obligation to be void; otherwise to remain in full force and effect. In testimony whereof we have hereunto subscribed our names this ~ day of-.._ , 190.... Principal. Sureties. 144 BLANK FORMS. NUMBER 55.— SECTION 2831. PETITION FOR COUNTY UNIFORMITY. To County Superintendent: We, the undersigned, holding the office of school director, ask for the adoption of a uniform series of tert-books in the schools of this county, and that you take steps to submit the question to the electors of the county, at the annual school meeting in March, as provided for by law. NAMES. DISTRICT NAME. TOWNSHIP. , 190... NUMBER 56.— SECTION 2831. PROPOSITION AND BALLOT FOR COUNTY UNIFORMITY. Shall there be a uniform series of school text books in » county, Iowa? Write yes or no in the square to the right. f"n NUMBER 57. -SECTION 2758. OATH OF PRESIDENT OR DIRECTOR. StaIte of Iowa, County. I ^^• I, - , do solemnly swear (or affirm), that I will support the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully discharge the duties of as now of hereafter required by law. Sworn to before me and su.bscribed in my presence by the said « .^ — , this day of A. D. 190.... NUMBER 58, CHAPTER 110, PAGE 103. ORDER FOR LIBRARY BOOKS. To the city of. state of. ^ I have been authorized to order the following books for the school library it the district (No ), of , township of ....„ ^ county of , state of Iowa. BLANK FORMS. Enclosed find moiiey order or bank draft for $ same. 145 ., in full payment of the No. Copies T^TTTir Wanted. TITLE. Catalogue Number. Net Price. $ Cts. 8^*Always fill out this blank carefully and plainly; Ship via To R. R. Signed Secretarj^ R. R. Station County P. O. Address County State State 190... NUMBER 59. -CHAPTER 128, PAGE 1C6. NOTICE TO PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL. Office of Secretary, Board of Directors of the district (No ), township of , county of , state of Iowa. 190. To Principal of.. As provided in section 2, chapter 128, acts of the Twenty-ninth Genera) Assembly, within ten days from the receipt of this notice, you will please make a certified report to this office giving the names, ages, and days of attendance of all pupils in your school for the preceding year, beginning and ending - , Si cteiary — , P. O. NUMBER 60.— CHAPTER 128, PAGE 106. NOTICE TO ANY PERSON HAVING CONTROL OF CHILD, FROM SEVEN TO FOURTEEN YEARS OF AGE, UNDER PRIVATE INSTRUCTION. Office of Secretary, Board of Directors of the district (No ) township of , county of state of Iowa. 190.... To „ Iowa'. As provided in section 2, chapter 128, acts of the Twenty-ninth General Assembly, within ten days from the receipt of this notice, you will please make a 10 146 BLANK FORMS. certified report to this office stating the name and age of the child under your control now receiving private instruction, and the period of time during which said child ha been under such private instruction within the preceding year beginning _ 190... and ending 190.... ~ Secretary. P. O. NUMBER 61.— CHAPTER 128, PAGE 106. REPORT OF PRINCIPAL OF PRIVATE OR PAROCHIAL SCHOOL TO THE SECRETARY OF THE SCHOOL CORPORATION. .190.... To , Secretary of the Board of Directors of. District {No ), township of , county of. .state of Iowa: I hereby certify that the following is a true and correct report of the names, ages, and attendance of all pupils enrolled in school during the preceding year beginning 190...., and ending _ 190 Principal. NAMES OF PUPILS. Age. Days in Attendance. NAMB OF PARENT OR GUARDIAN. Residence of Parent or Guardian. ■***"*"" NUMBER 62. —CHAPTER 128, PAGE 106. REPORT CONCERNING ANY PUPIL UNDER PRIVATE INSTRUCTION. , 190.. To , Secretary of tke Board of Directors of - District {No ), township of , county of. , state of Iowa: I hereby certify that , a child years of age and under my control has been under regular private instruction for a period of _ days during the preceding year, beginning and •ading - ZZ..Z1 P. O, \ BLANK FORMS. 5^47 NUMBER 63.— CHAPTER 128, PAGE 106. KJttPORT BY TBAC.rERS, COUNTY SUPERINTENDENTS, SCHOOL OFFICERS, 0» EMPLOYES, TO lUE SECRETARY OF THE SCHOOL CORPORATION CONCERNING VIOLATIONS OF TH>C LAW FOR COMPULSORY EDUCATION. '. 190... To Secretary of the Board of Directors of _ District {No ) township of county of ..^ iiate of Iowa; I hereby certify that I have reason to believe that and , children between the ages of seven and fourteen years are not attending school aa required by the provisions of chapter 128, acts of th« Twenty-ninth General Assembly providing for compulsory education. 148 BLANK FORMS. INDEX TO FORMS NO. PAGE. Teacher's Certificate 1 123 Teacher's Certificate for Two Years 2 124 Certificate for Special Branches 3 124 Revocation of Teacher's Certificate 4 125 Application for Teachers' Normal Institute 5 125 Monthly Report of Examination Fees, Institute Fund 6 125 Report of Registration Fees, Institute Fund 7 126 Receipt for Institute Fund 8 126 Order on Institute Fund 9 126 Notice of Annual Meeting 10 126 Proceedings of Annual Meeting 11 ]27 Certificate of Election 12 • 127 Notice of Subdistrict Meeting 13 128 Proceedings of Annual Subdistrict Meeting 14 128 Certificate of Election of Director of Subdistrict ^ 15 128 Certificate of Tax Voted by Subdistrict Meeting 16 128 Bond of Secretary or Treasurer 17 129 Draft on County Treasurer 18 130 Order on District Treasurer 19 130 Order Register of Secretary and Treasurer 20 130 Register of Persons of School Age 21 131 Certificate to County Officers 22 131 Certificate of Tax 23 131 Certificate Apportioning Tax 24 131 Certificate of Tax Voted by a Subdistrict 25 132 Treasurer's Account 26 132 Certificate of Appointment 27 132 Deed for Schoolhouse Site 28 132 Lease of Schoolhouse Site 29 133 Contract Between Board and Teacher 30 133 Proposals for Erection or Repair of Schoolhouse 31 134 Contract for Building Schoolhouse 32 134 Bond for Performance of Contract 33 135 List of Parents and Children, kept by Director 34 135 Teacher's Daily Register ^ 35 136 Teacher's Term Report 36 137 Notice Permitting Attendance from Another District 37 137 Notice of Semi-annual Apportionment 38 138 Certificate of Election of County Superintendent 39 138 Certificate of Qualification of County Superintendent 40 138 Notice of School Tax Collected 41 138 Application for Appointment of Referees 42 139 Appointment of Referees 43 139 Notice to Owner of Real Estate _ 44 140 Report of Referees 45 140 Notice of Assessment of Damages 46 140 Affidavit of Appeal 47 141 Notice of Appeal 48 141 Certificate to Secretary's Transcript 49 141 Notice of Hearing of Appeal 50 142 Certificate to County Superintendent's Transcript 51 142 Bond for Sale of Books and Supplies 52 142 Notice to Publishers of Text-books 53 143 Bond of Contractor to Furnish Text-books 54 143 Petition for County Uniformity 55 144 Proposition and Ballot for County Uniformity 56 144 Oath of President or Director 57 144 Order for Library Books 58 144 Notice to Principal of Private or Pafochial School 59 145 Notice About Child Under Private Instruction 60 145 Report of Principal to Secretary of Board 61 146 Report Concerning Child Under Private Instruction 62 146 Report Concerning Violations of Compulsory Law 63 147 INDEX. 149 INDEX TO LAWS. Accounts, by board educational examiners, 2633; by trustees normal school, 2680; by county high school, 2729; of applicants examined. 2736; of institute fund, 2738; kept by secretary, 2761; kept by treasurer, 2768; audited by board, 2780; for attendance, certified to county auditor, 2803; kept by county auditor, 2808; of bonds sold, kept by treasurer, 2812; kept by county board of education, 2833. ACRH, site taken by condemnation may not exceed, 2814. Adjournment, less number of board than quorum may adjourn, 2771. Advertisement, proposals to build of $300 and over, must be invited by, 2779; before text-books are adopted, 2828. Affidavit, of appeal, of what it consists, 2818; is basis of appeal, 2818; must be filed within thirty days, 2818; shall set forth error complained of in a plain and concise manner, 2818. Age, of voter at school meeting, 2748; for enumeration, 2764; for free attendance, 2773; of scholars in attendance kept, 2789; of scholar, 2804; of persons when compelled to attend school, p. 106. Agricultural College, see State College of Agriculture and Mechanic Arts. Alcoholic drinks and narcotics, eflEects of, taught in normal school, 2677; examination for teacher must include, 2736; certificate of teacher failing or neglecting to teach effects of, must be revoked , 2737; county superintendent must report manner and extent of instruction in effects of, 2739; law with regard to teaching effects of, must be enforced, 2740; instruction as to effects of, must be given all scholars, 2775. Annual meeting, held second Monday in March, 2746; officers of, 2746; voters at, 2747; powers of, 2749; voting at, must be by ballot, 2749; in independent districts, 2754; notice of, 2763; vote of, must be executed by board, 2778; state- ment of receipts and expenditures to be presented at, by board, 2780; vote tax to pay judgment indebtedness, 2811; may authorize change of text-books, 2829; may vote free text-books, 2836; may discontinue loaning of text-books, 2837. Apparatus, value of, reported to governor, 2625; amount expended for, in county high school reported, 2731 ; value of, reported by secretary, 2765; may be purchased with contingent fund, 2783. Appeal, from decision by county superintendent, 2623; who may take, 2818; affi- davit is basis of, 2818; county superintendent to notify secretary, 2819; secre- tary to send up transcript, 2819; time of hearing fixed, 2819; interested persons notified, 2819; testimony heard and decision rendered, 2819; decision final un- less appealed from, 2819; to superintendent public instruction; 2820; judgment for money not to be rendered, 2820; county superintendent issues subpoenas, 2821; compels attendance of witnesses, 2821; compensation to witnesses in, 2821; costs of, may be paid, 2821; transcript of costs filed with clerk of court, 2821. 150 INDEX. Appointment, of deputy, by superintendent public instruction, 2621; of teachers' normal institute, 2622; of two members board educational examiners, by gov- ernor, 2628; of assistant examiners, 2629; to fill vacancies in trustees county high school, 2729; of deputy, by county superintendent, 2734; of assistants at examination, 2735; of judges of election at annual meeting, 2746; qualifica- tions of person for. as school officer or member of board, 2748; of chairman and secretary for subdistrict meeting, 2751; of judges of election in districts of 5,000 or over, divided into election precincts, 2756; no teacher or other employe of the board eligible as secretary in independent districts, 2757; by board to fill vacancy in its membership, 2758; to fill vacancies, must be by ballot, 2771; of temporary president or secretary , 2772 . Apportionment, see Semi-annual Apportionment. Appraisers, see Referees. Arbitrators, when boards cannot agree on division of assets and liabilities, may be selected, 2802; decision of, made in writing, 2802; appeal from decision of to district court, 2802. Assets and liabilities, boards shall make equitable division of, 2802. Attendance, at normal school, 2676; at county high school, 2733; school for, determined by board, 2773; every school free to actual residents, 2773; in other districts, 2774; expenses of transportation paid, 2774; register of, 2789; in another district, 2803; age for, 2804; of nonresidents, 2804; compulsory, p. 106. Auditor, see County Auditor. Auditor of state, issues warrant for subscription to educational school paper, 2624; receives report of enumeration from superintendent public instruction, 2625; issues warrant for each institute, 2626; issues warrant for salaries and expenses, 2627; issues warrants for compensation board educational examiners, 2634; issues warrants for compensation officers board trustees normal school, 2681. Ballot, director for subdistrict elected by, 2751; directors elected by, 2754; elec- tion in districts of 5,000 or more divided into precincts, must be by, 2755; offi- cers of board elected by, 2757; vacancies among officers or members of board, filled by, 2771; vote on formation of independent school district taken by, 2794; vote for rural independent school district organization taken by, 2797; vote to unite independent districts, taken by, 2799; vote to unite rural independent school districts into school townships taken by, 2800; vote to authorize free text-books taken by, 2837. Ballot box, provided for each precinct in independent school districts of 5,000 and over, divided into election precincts, 2756. Barbed wire, county superintendent shall see that provisions relating to use of, are observed and enforced, 2740; shall not be used to inclose school building or grounds, 2817; not used within ten feet of school house site, 2817; penalty for use of, 2817. Bequests, may be accepted by school corporations, p. 101. Bible, shall not be excluded from any school, 2805; no child required to read, contrary to wishes of parent or guardian, 2805. Blind persons, of school age, reported to College for the Blind, 2739; of school age, reported to county superintendent, 2765. Board of directors, county superintendent not to be a member of, 2734; term of, 2745; qualifications for member of, 2748; number of, in school townships, 2752; number of, in independent districts, 2754; election of, in school town- ships, 2751-2752; election of, in independent districts, 2754-2756; meetings of. INDEX. 151 2757; election of officers, 2757; qualification of members, 2758; vacancy in, filled by appointment, 2758; president of, duties of, 2759; may employ counsel, 2759; secretary and treasurer each gives bonds, 2760; bonds to be filed with presi- dent, 2760; secretary, duties of, 2761-2767; proceedings of, to be recorded by secretary, 2761; treasurer, duties of, 2768-2769; quorum of, 2771; vacancies in, filled by ballot, 2771; appoints temporary president or secretary, 2772; pre- scribes course of study, 2772; makes rules and regulations, 2772; requires per- formance of duty, 2772; fixes site for schoolhouse, 2773; determines number of schools, 2773; determines particular school each child shall attend, 2773; des- ignates period each school shall be held beyond the time required by law, 2773; may rent room and employ teacher for any ten scholars, 2774; may con- tract for instruction in other districts, 2774; may pay transportation of chil- dren, 2774; shall require teachers to give and scholars to receive instruction, in effects of stimulants, 2775; may establish graded or union schools, 2776; may select person to have general supervision of schools, 2776; shall carry into effect instructions from annual meeting, 2778; shall elect teachers and make contracts, 2778; shall consult county superintendent before building school- house, 2779; if amount exceeds $300, shall advertise before contracting, 2779; shall audit all claims, 2780; shall make settlement with treasurer, 2780; shall present statement of annual receipts and expenditures, 2780; fixes compensa- tion of secretary and treasurer, 2780; no member of, may receive compensa- tion, 2780; provides for visiting schools, 2782; may discharge teacher for cause, 2782; may expel scholar, 2782; mayreadmit scholar, 2782; may empower teacher to dismiss scholar temporarily, 2782; may insure school property, 2783; may purchase dictionaries, library books, and apparatus, 2783; may furnish text-books to indigent children, 2783; may loan text-books to schol- ars, 2783; shall give special attention to matter of water-closets, 2784; shall limit director of subdistrict in contracting, 2785; may hold an industrial exposition, 2786; shall have shade trees set out, 2787; shall not pay person for teaching without certificate, 2788; how chosen, when new civil township is formed, 2790; may consent to attach territory, 2791; territory restored by con- current consent of, 2792; territory restored by consent of, and county superin- tendent, 2792; may establish boundaries of contemplated independent school district, 2794; shall give notice of election of directors, 2795; may change boundaries of subdistricts by majority vote of, 2801; shall divide assets and liabilities, 2802; in case of disagreement, arbitrators shall be appointed, 2802; may agree upon terms of attendance, 2803; fixes terms for attendance of non- residents, 2h04; may not exclude bible from school, 2805; shall estimate taxes, 2806; shall pay judgment out of proper fund, 2811; shall certify tax to pay iudgment, 2811; may issue bonds to pay judgment indebtedness, 2812; may issue bonds to pay bonds maturing, 2812; shall provide tax to pay bonds or interest due, 2813; may take schoolhouse sites, 2814; shall deposit amount of referees' assessment, 2815; shall pay costs of referees' assessment, 2815; may not use barbed wire to inclose schoolhouse grounds, 2817; may adopt and purchase text-books, 2824; may select person to keep books and supplies for sale, 2824; must advertise for bids before adopting text-books, 2828; shall arrange for free text-books when voted, 2837. Board OF DIRECTORS, of independent school district, term of, 2745; election of, 2754-2756; may establish kindergarten departments, 2777; for new district, 2/95; certifies taxes for new district, 2796; may subdivide district, 2798; may unite districts, 2799; may issue bonds, 2812; shall certify tax to pay bonds or interest due, 2813; may issue school funding bonds, 2812. Board of directors, of rural independent school district, term of, 2754; election of, 2754; changes boundaries, 2793; for new district, 2797; may subdivide dis- 152 INDEX. trict, 2798; may unite districts , 2799; may unite districts into school township , 2800. Board of directors, of school township, term of, 2745; number of, 2752; elec- tion of, 2751-2752; may instruct directors, 2785; may divide school township into subdistricts, 2801; must apportion schoolhouse tax among subdistricts , 2806. Board of educational examiners, of whom consists, 2628; superintendent public instruction president, 2628; shall hold at least two examinations annu- ally, 2629; adopts rules and regulations, 2629; keeps record of proceedings, 2629; may issue state certificates and state diplomas, 2629; may grant special certificates, 2630; to primary school teachers, 2630; keeps complete register of persons to whom certificates or diplomas are issued, 2630; may revoke cer- tificate or diploma, 2631; shall require fee for examination, 2631; shall pay all moneys into state treasury, 2631; certificate or diploma must be registered, 2632; shall keep a detailed account of moneys received and expended, and publish such account, 2633; compensation of members, 2634; compensation of assistants, 2634; must prepare list of library books, p. 104; inspect accred- ited schools, p. 105; must visit accredited schools, p. 105; shall examine grad- uates of accredited schools , p . 105 . Board of Supervisors, may submit question of establishing county high school, 2728; appoints trustees county high school, 2728; may fill vacancies ia trustees of county high school, 2729; requires bond of trustees, 2729; shall levy tax to build, 2731; county superintendent not to be a member of, 2734; shall provide room at county seat for county superintendent, 2735; may appropriate addi- tional funds for support o^ institute, 2738; may allow county superintendent additional compensation, 2742; shall levy special schoolhouse tax voted by subdistrict upon itself, 2753: shall levy tax for new independent school dis- trict, 2796; shall levy taxes for school funds, 2807; shall levy county tax of one to three mills, 2807; shall levy tax to pay bonds or interest due, 2813; included in county board of education, 2831. Board of trustees, of county high school, who shall constitute, 2728; county superintendent member and president of, 2728; shall qualify, 2729; election of, 2729; in three classes, 2729; shall appoint seer tary and treasurer, 2729; shall select site for school, 2730; shall estimate funds needed, 2730; shall pro- ceed to build, 2731; shall employ teachers, 2731; shall have annual reports made, 2731; compensation members of, 2731; shall approve rules and regula- tions, 2732; shall admit students from county without charge, 2732; may admit from outside the county, 2732; shall make no purchases in excess of funds on hand, 2731. Board of Trustees, of normal school, shall elect officers, 2675; shall makerulei and regulations, 2676; may charge for contingent expenses, 2676; may charge a tuition fee, 2676; must have effects of alcoholic drinks and narcotics taught, 2677; may receive scholars from same school district, 2678; shall report bien- nially to governor, 2680. Board of Trustees, of state college of agriculture and mechanic arts shall man- age the college, 2646; shall designate the number from each county entitled to free tuition, 2649. Bond, of officer, of tr asurer normal school, 2675; of trustees county high school, 2729; of treasurer county high school, 2729; of secretary and treasurer of board, 2760; shall be filed with the president, 2760; president shall bring action on, 2760; of contractor to build, 2779; of person appointed to keep books and INDEX. 153 supplies for sale, 2824; of publishers, suit on, 2827; of contractor furnishing books or supplies, 2830; surety companies accepted on, 2830. Bonds, women may vote on question of issuing, 2747; board may issue to pay indebtedness, 2812; voters may vote, 2812; signed by president, 2812; counter- signed by secretary, 2812; when payable, 2812; delivered to treasurer, 2812; treasurer shall sell, 2812; treasurer may exchange, 2812; cost of engraving and printing paid from contingent fund, 2812; treasurer keeps record to whom bonds are sold, 2812; form and other requirements of, 2812; not to be disposed of for less than par value, 2812; must be paid in order of issuance, 2812; tax to pay bonds or interest due, 2813; may issue school tax funding bonds, 2812. Books, see Text-books. Boundaries, of divisions for attendance at school, 2773; changed by attaching territory, 2791; changed by restoration of territory, 2792; of contiguous inde- pendent districts in same civil township, 2793; established to form independ- ent school district, 2794; subdivision of independent districts, 2798: uniting independent districts, 2799; division of school township into subdistricts, 280T; alterations in subdistrict, designated on plat, 2801; description of, recorded in records of school township, 2801; copy description of changes delivered to county treasurer and auditor, 2801; of subdistricts must conform to congres- sional divisions, 2801; changes in subdistrict, take effect at next subdistrict election, 2801; division of assets and liabilities, 2802. Branches of study, in normal school, 2676; trustees in normal school shall have effects of stimulants taught, 2677; in county high school, 2732; added to course of study by voters, 2749; determined by board, 2772. Canvass of VOTES, to establish county high school, 2728; at annual meeting of voters, 2746; at annual subdistrict meeting, 2751; in districts of 5,000 or over, divided into election precincts, 2756; when officers of board are chosen, 2757; record of, to be kept by secretary, 2761; when vacancy among officers or members of board occurs, 2771; when formation of independent school district is voted upon, 2795; when vote is taken to form rural independent school dis- tricts from subdistricts of school township, 2797; to unite independent districts, 2799; to unite rural independent school districts into school township, 2800; when county uniformity is voted upon, 2832. Certificate OF ELECTION, to directors elected, 2746, 2756; to director of subdis- trict, 2751. Certificate of teacher, examination for, 2735; for special studies, 2736; term of, 2737; revocation of, 2737; fee for, 2738; every teacher must have, 2788. Certificate or diploma, granted upon examination, 2629; list of subjects, 2629; certificate given to primary teachers, 2630; how long valid, 2631; revo- cation of, 2631; fee for, 2631; registration of, 2632; of graduates of approved schools, p. 105. Chairman, superintendent public instruction president board educational exam- iners, 2628; superintendent public instruction president board trustees normal school, 2675; county superintendent president board trustees county high school, 2728; president of board acts as, of annual meeting of district, 2746; voters select, of subdistrict meeting, 2751; president of board acts as, at all meetings of board, 2759; temporary, appointed when regular officer is absent, 2772; county superintendent is, of county board of education, 2833. Change of boundaries, see Boundaries. Charts, may be purchased with contingent fund, 2783. Child, see Scholar. 154 INDEX. City and town districts, see Independent School District. Civil township, each a school township, 2744; meetings of board may be held at any place in same , 2757; when formed constitutes a school township, 2790; lines of , shall not prevent attachment to territory; 2791; boundaries of raral independent school districts in same, may be changed, 2793; rural independ- ent school districts of, may be united into a school township, 2800. Claims, for traveling expenses superintendent public instruction, 2627; for ex- penses board educational examiners, 2634; for traveling expenses treasurer normal school, 2681; for trustees county high school, 2731; for expenses county superintendents filed with county auditor, 2742; for expenses incurred, kept by secretary, 2761; audited and allowed by board, 2780; when changes of boundaries are made, 2802; for damages when site is condemned, 2815. Clbrk OF ELECTION, secretary acts as, of annual meeting, 2746; for subdistrict meeting, chosen by voters, 2751; appointed in each precinct of districts of 5,000 or over, divided into precincts, 2756; shall record result of votes at an- nual meeting, 2761. Compensation, of superintendent public instruction, 2627; of his deputy, 2627; of board educational examiners, 2634; of teachers in normal school, 2676; of sec- retary normal school, 2681; of treasurer normal school, 2681; of trustees county high school, 2731; of teachers county high school, 2731; of county superintendent, 2742; to be paid teachers, 2778; of secretary and treasurer, 2780; no member of board may receive, 2780; not recovered by teacher fjr services without certificate, 2788; of referees, 2815; to owner of schoolhouse site condemned, 2815; to witnesses in appeal, 2821; to person keeping books and supplies for sale, 2824; of registrars, 2755. Compulsory education, of what children, p. 106; how enforced, p. 107; pun- ishment for violation of statute, p. 108; appointment and duties of truant officers, p, 107. Concurrent action, of county superintendent and board in attaching territory, 2791; of boards in restoring territory, 2792; of electors, county superintendent, and board, in restoring territory, 2792; of boards in changing boundary lines of independent districts in same civil township, 2793; of boards in detaching territory to form an independent district, 2798; of boards in uniting independ- ent districts, 2799; of boards in agreeing on terms of attendance, 2803; of county superintendent and board where children attend, 2803. Condemnation, of land for schoolhouse site or public road, 2815. Conductor of institute, see Teachers' Normal Institute. Consolidation of districts, independent districts may unite,. 2799; rural inde- pendent school districts may unite into a school township, 2800. Contingent fund, see Funds. Contracts, trustees normal school may make, with board of directors, 2678; by trustees county high school, 2731; voters may authorize, 2749; president must sign, 2759; by board with other districts for instruction of children, 2774; for transportation to and from school, 2774; directed by voters, must be made by board, 2778; with teachers, must be in writing, 2778; with teacher, filed with secretary, 2778; to build at a cost exceeding $300 must be made by advertise- ment, 2779; to build shall be let to lowest bidder, 2779; director of subdistrict may make, for purposes mentioned, 2785; when made by director of sub- district, must be approved by president and reported to board, 2785; between boards regarding attendance, 2803; for adoption of text-books, 2824; for text- books by board of directors or county board of education, 2830, INDEX 155 Convention, superintendent public instruction may call, of county superintend- ents, 2622; county superintendent receives expenses for attendance at, 2742. Corporate name, of School Districts, 2744. Corporation, see school district. Corporations, limits how changed, p. 99; may accept bequests, p. 101. Costs, of making referees' assessment, paid by school district, 2815; ii appeal, taxed to party responsible for appeal, 2821; of prosecution when school officer acts as agent or dealer in text- books, 2834. Counsel, may be employed by board, 2759. County, failing to make report, county superintendent shall forfeit $50 to school fund of, 2741; action against county superintendent for failure to make report brought by, 2741; township or county lines not a bar to attaching territory, 2791; territory set off to another, may be restored, 2792; attendance from adjoining, may be allowed, 2803; provisions relating t) payment of school bonds same as for county bonds, 2812; uniformity of text-books in, 2832. County attorney, shall assist county superintendent in enforcing laws, 2740; shall bring action upon request of county superintendent, 2740. County auditor, county superintendent files statement with, of office expenses, 2742; records plat of changes in subdistrict boundaries, 2801; deducts amount of tuition from apportionment, 2803; makes semi-annual apportionment, 2808; notifies president of apportionment, 2808; certifies qualification of county superintendent, 2809; forwards certificate interest on school fund to auditor of state, 2809; is member county board of education, 2831; is secretary county board of education, 2833; shall keep school laws for sale, p. 100; must report sales to auditor of state, p, 100; must pay money received from sales to county treasurer, p. 101; transmit estimates to superintendent of public instruction, p. 100. County high school, any county may establish, 2728; board of supervisors sub- mits question of establishing, 2728; votes for and against canvassed, 2728: board of supsrvisors appoints trustees, 2728; county superintendent member of board and president, 2728; when and how trustees are elected, 2729; vacan- cies in board filled by appointment of board of supervisors, 2729; oath and bond of trustees, 2729; terms of office of trustees, 2729; secretary and treasurer of, appointed from board, 2729; treasurer gives bond as such, 2729; board selects site, 2730; makes estimate of funds needed, 2730; presents estimate to board of supervisors, 2730; tax not to exceed two mills, 2730; tax levied and collected, 2730; tax paid to treasurer of, 2730; board makes purchases and contracts for, 2731; employs teachers, 2731; provides for payment of salaries, 2731; annual report of, made to board of supervisors, 2731; annual report of, printed in at least one newspaper in county, 2731; copy forwarded to superin. tendent public instruction, 2731; compensation of trustees, 2731; rules and regulations made, 2732; refractory students may be expelled, 2732; tuition in, free to residents of county, 2733; apportionment of students, 2732; students from other counties may be admitted, 2732; question of tax levy for buildings must be submitted to voters, 2728; board to select the best site that can be obtained without expense to the county, 2730; contract for building cannot be made in excess of amount voted, 2730; an outlay exceeding five hundred dollars must be submitted to the electors, 2730; may be abolished, 2733; petition and election to abolish, 2733. County superintendent, shall distribute school laws, 2624; member board trustees county high school, 2728; ^resident board trustees county high school, 2728; may be o: either sex, 2734; shall hold certificate or diploma, 2734; 156 i^i^^^^- inelig;ible as school director or member b^ard supervisors, 2734; may appoint deputy, who cannot visit schools or try appeals, 2734; shall comply with direc- tions from superintendent public instruction, 2735; shall transmit communica- tions, 2735; may visit schools, 2735; shall visit any school, when, 2735; shall examine for teacher's certificate, 2735; may hold special examinations, 2735; shall keep record of examinations, 2736; may issue certificates, 2737; shall revoke a certificate, 2737; shall hold normal institute, 2738; shall require reg- istration fee, 2738; shall require fee from every applicant for certificate, 2738; shall transmit all moneys to county treasurer, 2738; sha.l draw no order on institute fund except for bills approved, 2738; shall report annually to super- intendent public instruction, 2739; shall file enumeration with county auditor, 2739; shall report to institutions, 2739; shall enforce school laws, 2740; may require assistance of county attorney, 2740; shall forfeit $50 for failure to make report, 2741; shall receive compensation, 2742; shall receive expenses for attendance at convention of county superintendents, 2742; shall file statement office expenses, 2742; notified by secretary when each school begins, 2765; receives annual report from secretary, 2765; receives report of officers of dis- trict, 2766; receives annual report from treasurer, 2769; may release board from obligation to have school taught, 2773; may grant kindergarten certifi- cate, 2777; approves plans for schoolhouse, 2779; shall call attention of board to neglect to protect shade trees, 2787; gives notice of first meeting in new school township, 2790; shall attach territory to another district, 2791; shall concur in restoration of territory, 2792; may concur in attendance, 2803; cer- tificate of qualification of, made by county auditor, 2809; appoints referees to condemn schoolhouse site, 2815; gives notice to owner of land, 2815; receives affidavit of appeal, 2M8; notifies secretary to file transcript, 2819; notifies interested parties of hearing, 2819; hears testimony and decides appeal, 2819; appeal from decision of, 2820; has power to issue subpoenas, 2821; files tran- script of costs of appeal with clerk of court, 2821; may be consulted in adop- tion of text-books, 2828; is custodian of samples of text-books, 2830; member county board of education, 2831; receives petitions for county uniformity, 2831; is chairman county board of education, 2833; reports list of books, with contract prices, 2833; may not act as agent or dealer in text-books or supplies, 2834; [must report to board of supervisors, 2738; must report violations of compulsory school law, p. 108. County trbasdrbr, pays over tax to county high school, 2730; receives institute fund] from county superintendent, 2738; records changes in subdistrict boundaries, 2801; pays apportionment due, 2808; gives notice quarterly of taxes collected, 2810; pays taxes to district treasurer, 2810: keeps taxes for schoolhouse purposes separate, in each subdistrict, if necessary, 2810; amount found by referees deposited with, 2815. Course of study, shall be prescribed by board, 2772; in graded or union schools, must be approved by superintendent public instruction, 2776; in accredited schools to be inspected and approved by board of educational examiners, p. 105; persons taking, in accredited schools, to be reported, p. 105. Dbaf and dumb, number of, of school age, reported to superintendent school for the deaf, 2739; of school age, reported to county superintendent by secre- tary, 2769. Dbcisions, in appeal, by superintendent public instruction, 2623; important, included in volume of scho )1 laws, 2624; of board may be appealed from, 2818; of county superintendent final unless appealed from, 2819; of superintendent public instruction final, 2820. Dbpositoribs , arranged for by county board of education, 2832. INDEX. 157 Deputy, of superintendent public instruction, 2621; of county superintendent, 2734. Diploma, see Certificate or Diploma. Director, term of, 2745; may be of either sex, 2748; number in independent dis tricts, 2754; tie vote for, publicly determined by lot, 2754; annual and special meetings of board, 2757; qualifies on or before third Monday in March, 2758; shall take oath, 2758; any member may administer official oath to, 2758; holds until successor is qualified , 2758; vacancy filled by appointment, 2758; sur- renders office to successor, 2770; in school township may be instructed by board to make certain contracts, 2785; penalty for wilful failure or neglect of duty, 2822. Director, of subdistrict, chosen for one year, 2745; maybe of either sex, 2748; gives notice of subdistrict meeting, 2751; elected in subdistricts, 2751; number in school townships, 2752; may be authorized by board to employ teachers in his subdistrict, 2778; may be authorized by board to make contracts foi fuel and in like matters, 2785; shall prepare annually list of children in sub- district of school age, 2785; shall report list to secretary of school township, 2785; may have industrial exposition held, 2786; elected for new subdistrict, 2801; must enforce compulsory attendance law, p 108. Dismissal, of teacher, 2782; of scholar, 2782. Distribution, of cloth bound school laws, 2624; of paper bound school laws, 2624, and p. 100. District, see School District. District court, appeal may be taken to, from assessment made by referees, 2815; transcript of costs in appeal filed by county superintendent in office oi clerk of, 2821. District treasurer, see Treasurer. Division, into election precincts in districts of 5,000 or over, 2755; into wards for attendance, 2773; of independent districts to form two or more, 2798; of school township into subdistricts, 2801; of assets and liabilities, 2802. Dwelling, see residence. Education, general constitutional provisions relating to, p. 109; school fund and landsunder control of general assembly, p. 109; fines, how applied, p. 109; method of distribution of funds for, p. 110. Educational examiners, see Board ot Educational Examiners. Educational journal, superintendent public instruction may subscribe for, 2624. Election, to vote upon establishment of county high school, 2728; to choose trus- tees for county high school, 2729; in all districts, 2746; qualifications to vote at, 2747; of director of subdistrict, 2751; in independent districts, 2754; of treasurer by voters, in independent school districts, 2754; precincts in dis- tricts of 5,000 or over, 2755; of officers of board, 2757; notice of, 2763; to fill vacancies among officers or members of board, 2771; to form independent school district, 2794; to choose board for new district, 2795; to form rural inde- pendent school districts, 2797; to subdivide independent district, 2798; to unite independendent districts, 2799; to unite rural independent school districts into a school township, 2800; when changes in boundaries are made, boards con- tinue to act until next, 2802; to vote bonds, 2812; to change or displace text- books, 2829; to vote on county uniformity, 2831; to vote on free text-books, 2836; to vote on the abolishment of county high school, 2733. Election precincts, in districts of 5,000 or over, 2755; register of voters in, 2755; conduct of elections in, 2756; registrars in, 2755; compensation of regis- trars, 2755. 158 INDEX. Electors, see Voters. Elements of vocal music, instruction in, authorized, p. 102; must be taught in normal institutes, p. 103. Eligibility for office, one appointed member board educational examiners must be a woman, 26 '8; county superintendent mu t hold two-year certificate or state certificate or diploma, 2734; county superintendent may be of either sex, 2734; county superintendent may not be a school director or member board of supervisors, 2734; officer or member of board may be of either sex, and must be a citizen and resident, 2748; if a man, must be a qualified voter, 2748; secretary and treasurer must be chosen outside the board, 2757; no teacher or other employe of board eligible as secretary in any independent distr ct, 2757. Employe, no teacher or other, of the board eligible as secretary in any inde- pendent district, 2757. English language, all instruction shall be given in, 2749. Enumeration, reported to auditor of state, 2625; register of,, kept by secretary, 2764; reported to county superintendent, 2765; list of, prepared by director ot subdistrict, 2785. Examination, for state certificate or diploma, 262^; for county certificates, 2735; record of, 2736; in additional branches, 2737; fee for, 2738; upon kindergarten principles and methods, 2777; of graduates of approved schools, p. 105. Examiners, see Board of Educational Examiners. ExTKNDiNG corporations, effect of, p. 99. Expenses, traveling, of superintendent public instruction, 2627; necessary, of member board educational examiners shall be paid, 2634; of person appointed to assist in conducting examination, 2634; actual traveling, of treasurer nor- mal school to be paid, 2681; for counsel in suits, 2759; account of, incurred by district, kept by secretary, 2761; statement of, made to board by treasurer, 2769; full statement of, made by board to annual meeting, 2780; statement of, in independent school districts published, 2781; estimate of, for following year published in detail, 2781; for tuition when scholars attend by concurrence of county superintendent and board, 2803; average proportion of contingent, 2803; when schoolhouse site is condemned, 2815; as costs of appeal, 2821. Exposition, see Industrial Exposition. Expulsion of scholar, by majority vote of the board, 2782. Families, list of heads of, prepared by director of subdistrict, 2805. Fee, for state certificate, 2631; for state diploma, 2631; if applicant fails one-half of, returned, 2631; paid into state treasury, 2531; contingent, at normal school, 2676; tuition, at normal school, 2676; tuition, at county high school, 2733; reg- istration, at institute, 2738; of every applicant for a certificate, 2738; addi- tional, for two years' certificate, 2738; transmitted to county treasurer, 2738; tuition, for attendance in another district, 2774; for transportation of children, 2774; tuition, for attendance, 280 ; of witnesses in appeal, 2821; for certificate to graduates of approved accredited schools, p. 105. Feeble minded, county superintendent reports, to institution for, 2739. Fences, may be provided for schoolhouse sites, 2773; barbed wire shall not be used for, of schoolhouse grounds, 2817; where sites adjoin fields, p. 99. Fidelity companies, see Surety Companies. Financial statement, made by treasurer to board, 2769; made by board to INDEX. 159 voters, 2780; published in each independent school district, 2781. Fines, see Penalty. Forfeit, of county superintendent for failure to make report, 2741; upon breach of bond of secretary or treasurer, 2760; of compensation of teacher for serv- ices rendered without certificate, 2788; for violation provisions regarding use of barbed wire, 2817; for wilful violation of law, or for wilful failure or refusal to perform duty, 2822; for neglect or refusal of contractor to furnish textbooks at lowest price, 2827. Formation of independent district, including a city, town, or village, 2794; from subdistricts of school township, 2797; by subdividing independent dis- trict, 2798; by uniting independent districts, 2799. Forms, see Index to the Forms, page 12 . Fuel, bought with contingent fund, 2768; director of subdistrict may contract for, under direction of the board, 2785. Funds, secretary keeps separate account with each fund, 2761; secretary certifies amounts required for contingent and teachers' funds, 2767; secretary certifies schoolhouse tax voted by voters, 2767; schoolhouse, contingent, and teachers' defined, 2768; separate account kept with each, by treasurer, 2768; order must specify fund and object, 2768; annual report of treasurer must show separate, 2769; insurance paid with contingent, 2783; library books and apparatus bought with contingent, 2783; free text-books provided from contingent, 2783; teach- ers' and contingent, estimated by board, 2806; amount for contingent, not to exceed $5 per scholar, 2806; amount for transportation of children not to exceed $5 per scholar, 2806; amount for teachers* fund not more than $15 per scholar, 2806; $75 for each school may be levied for contingent fund, 2806; $270 for each school may be levied for teachers' fund, 2806; interest on permanent, apportioned, 2808. Garden, may not be taken oy condemnation for schoolhouse site, 2814. Governor, records in office superintendent public instruction open to inspection of, 2621; reports to, made biennially by superintendent public instruction, 2625; two members educational board examiners appointed by, 2628; report to, made by board trustees normal school, 2680. Graded or union schools, may be established by any board, 2776; course of study in, must be approved by superintendent public instruction, 2776. Guardian, name of parent or, registered by secretary, 2764; school taxes paid by, in an independent district may be deducted from tuition of ward, 2804; ward may not be required to read bible contrary to wishes of, 2805; must cause child to attend school, p. 106. Highways, voters may authorize board to obtain, 2749; voters may vote school- house tax for opening, 2749; special meeting of district may vote schoolhouse tax to procure, 2750; schoolhouse site taken by condemnation must be on a public highway, 2814. Improvements, value of, repaid by owner when site reverts, 2816; tax to pay money borrowed for, in an independent school district, must be levied, 2813. Incumbent, treasurer holds until successor is ekcted and qualified, 2754; term of, treasurer in independent school districts, expires on third Monday in March, 1898, 2754; director holds until successor is elected and qualified, 2758. Indebtedness, in division of assets and liabilities, 2802; judgment, shall be paid, 2811; bonds to pay judgment, may be issued, 2812; bonds may be issued by board to refund, 2812; tax to pay Donds or interest due, 2813; original, shall not be incurred by issuance of bonds, until voters have so authorized, 2823; may not be contracted to purchase books and supplies to be resold, 2825; limit of, p. 102. 160 INDEX. Independent school district, corporate name, 2744; board of, 2745; number of directors in, 2754; treasurer of, elected by voters, 2754; in independent dis- tricts below 5,000, polls open at 1 p. m. and remain open not less than five hours, 2754; of 5,000 and over, may be divided into election precincts, 2755; of 5,000 and over, divided into election precincts, polls shall be open from 9 o'clock A. M. until 7 o'clock p. m. , 2756; no teacher or other employe of, eligible as secretary, 2757; higher schools in, 2776; board may establish kinder- garten departments in, 2777; board of, must publish financial statement, 2781; water-closets in, 2784; change of boundaries in same civil township, 2793; for- mation of, 2794; organization of, 2795; subdivision of, 2798; uniting of, 2799; may borrow money by issuing bonds, 2812; tax to pay bonds or interest due, 2813; not under county uniformity, 2835; schools in, may adopt and buy same books adopted by county board of education, 2835. Index to forms, page 123. Indorsement, of unpaid orders by treasurer, 2768. Industrial exposition, board may provide for in each school, 2786; director of subdistrict may provide for, 2786; of what consists, 2786; kind and plan of articles exhibited at, explained, 2786; parents and friends invited to be present at, 2786; ornamental work encouraged, 2786; held in the school room not oftener than once a month, 2786. Institute fund, see Teachers' Normal Institute. Institutes, see Teachers' Normal Institute. Insurance, contingent fund may be used to pay, 2783. Interest, provision should be made for interest of bonds, 2767; six per cent on unpaid orders after indorsement, 2768; of permanent school fund a part of the apportionment, 2808; on bonds may not exceed six per cent, 2812; tax lo pay interest due on bonds must be levied, 2813; may not be taken upon purchase price when schoolhouse site reverts, 2816. Joint districts, on account of natural obstacles, 2791; restoration of portion of, to district in which it geographically belongs, 2792. Judges of election, at annual meeting, who are, 2746; if absent, voters present appoint, ?746; shall issue certificates to directors elected , 2746; vote canvassed by, 2751; tie vote publicly determined by lot, 2754; in districts of over 5,000, divided into election precincts, board acts as judges, 2756; to organize inde- pendent school district, 2794. Judgment, against a district paid from proper fund, 2811; if not paid, voters vote schoolhouse tax to pay, 2811; if unpaid and no tax is voted, board shall certify to board of supervisors amount required to pay, 2811; bonds may be issued to pay, 2812; county or state superintendent may not give for money, 2820; county superintendent shall tax all costs to party responsible for appeal, 2821; clerk of court shall enter, for costs of appeal, 2821. Jurisdiction, each district has exclusive, over all its territory, 2743; powers granted by law apply alike to all districts, unless otherwise stated, 2823. Kindergarten, in any independent school district, 2777; teacher in must hold kindergarten certificate from county superintendent, 2777. Land, for schoolhouse site or highway, may be taken by condemnation, 2814. Language, teacher may have special certificate for, 2736; voters may determine that a foreign language shall be taught as a branch, 2749; schools must be taught in English, 2749. Levy of taxes, see Taxes. Liabilities, see Assets and Liabilities. INDEX. 151 Libraries, funds for, how set apart, p. 103; books for, how purchased and dis- tributed, p. 103; lists of books for, how prepared, p. 104; records, how kept, p. 103; librarian, how selected, p. 104. Library, tax to procure, may be voted by annual meeting, 2749; number of vol- umes in, reported, 2765; books for, furnished with contingent fund, 2783. Limit, annual meeting may vote not exceeding ten mills for schoolhouse fund, . 2749; subdistrict may vote additional schoolhouse taxes, but not to exceed fifteen mills in all, 2753; not to exceed $25 annually for each schoolroom may be used to purchase dictionaries, library books, maps, charts and apparatus, 2783; of taxes, 2806; of county school tax, 2807; i i paying judgment indebted- ness, only funds available for tliat purpose may be used, 2811; of time that bonds are to run, shall not be more than ten years, 2812; of tax to pay princi- pal or interest due, shall not exceed five mills, 2813; real estate taken for schoolhouse site not to exceed one acre, 2814; contingent fund certified to purchase books and supplies to be resold, shall not exceed $1.50 for each person of school age, 2825; limit of indebtedness, p. 102. Majority vote, not required to elect director of subdistrict, 2751; majority of board a quorum, 2771; of board required to discharge teacher, 2782; of board required to expel scholar, 2782; of votes cast in each subdistrict, necessary to Changs subdistriccs of school township into rural independent school districts^ 2797; of voters n each proposed district required when one district in subdi- vision of independent district contains less than two sections, 2798; of votes ca t in each district necessary to unite independent districts, 2799; of votes cast in civil township divided into rural independent school districts, makes each rural independent school district a subdistrict of a new school town- ship, 2800; of all members of board necessary to change subdistrict bounda- ries, 2801; of annual meeting necessary to auth irize board to change or displace text-books before expiration of contract, 2829; necessary to adopt county uniformity, 2832; necessary to authorize free-text books, 2837. Maps, may be purchased with contingent fund, 2783. Meetings of directors, regular, when held, 2757; special, how called, 2757; where held, 2757; to elect officers, 2757; to estimate school taxes, 2806. Member of board, see Board of Directors. Misdemeanor, in case of failure of county superintendent to make report, 2741; in case of breach of bond of secretary or treasurer, 2760; in case of violation of provisions regarding barbed wire, 2817; in case ot wilful failure or refusal to perform duty, 2822; in case school director, teacher, or member county board of education acts as agent or dealer in text-books, 2834. Money, see Funds. Music, elements of vocal music required, p. 102; must be taught in normal institute, p. 103. Name, of school district, 2744. Narcotics, see Alcoholic Drinks. Neglect of duty, in case of breach of bond of secretary or treasurer, president brings action, 2760; board shall require performance of duty, 2772; teacher may be discharged for, 2782; penalty for use of barbed wire near schoolhouse grounds, 2817; penalty for wilfully failing or refusing to perform duty, 2822; suit on bond of publisher to be brought, if books are not furnished at very lowest price, 2827; director, officer, teacher, or member county board of edu- cation, may not act as agent or dealer in text-books or supplies, 2834. 11 162 INDEX. Newspaper, notice of annual meeting in election precinct published for two weeks in, 2755; bids must be invited by advertisement in, for four weeks before con- tract to build may be made for more than $300, 2799; financial statement of independent school district published in, two weeks before annual meeting, 2781; before purchasing text books, board of directors or county board of edu- cation must publish notice in, for three weeks, 2828. Nonresidents, board may contract for attendance in another district, 2774; may attend in another district by agreement of boards, 2803; may attend in another district by concurrence of county superintendent and board, 2803; may attend on such terms as the board may determine, 2804. Non-user of site, for two years, causes site to revert, 2816. Normal institutes, see Teachers* Normal Institute. Normal school, location and object, 2675; controlled by board of trustees, 2675; ofificers of board, 2675; treasurer of, to give bond, 2675; board of, employs teachers, 2676; session of, must continue at least 26 weeks, 2676; effects of alcoholic stimulants must be taught in, 2677; biennial report of, made to gov- ernor, 2680; compensation of officers of, 2681; appropriation for, 2682. Notice, of appointment of institute, 2622; of election to establish county high school, 2728; to teacher, of charges, 2737; of annual meeting, 2746; for sub- mitting proposition to voters, 2749; of special meeting of voters, 2750; of sub- district meeting, 2751; of special subdistrict meeting, 2753; in each election precinct, 2755; of special meeting of board, 2757; given by secretary of all meetings of voters, 2763; of what notice consists, 2763; of receipts and dis- bursements in independent school districts, 2781; to teacher, before trial, 2782; of first meeting in new school township, 2790; for formation of independent school district, 2794; to elect a board of directors, 2795; to vote upon changing to rural independent school districts, 2797; for subdivision of independent dis- tricts, 2798; for uniting independent districts, 2799; for uniting rural inde- pendent school districts into a school township, 2800; of concurrent consent for attendance, 2803; to president of apportionment due, 2808; to president of taxes due, 2810; of meeting to vote bonds, 2812; to owner of bonds, 2812; to owner of schoolkouse site condemned, 2815; of appeal from assessment, 2815; to secretary to file transcript, 2819; of hearing of appeal, 28 l9; of appeal to state superintendent, 2820; to accept bids for text-books, 2828; of election on county uniformity, 2831; of voting upon free text-books, 2836. Oath, any member of the board may administer oath of qualification to a member elect, and to the president, 2758; of what oath consists, 2758; of secretary and treasurer, 2760; of referees to condemn schoolhouse site, 2815. Office, see Qualification for Office. Official bonds, see Bonds. Opinions , superintendent public instruction shall render, regarding the school law, 2623. Orchard, not to be taken by condemnation for schoolhouse site, 2814. Orders, secretary shall draw, 2762; secretary shall countersign. 2762; secretary shall keep register of, 2762; secretary shall furnish register of, to board, 2762; treasurer shall register, 2768; treasurer shall pay, 2768; must state fund on which it is drawn, 2768; part payment of, may be made, 2768; unpaid to draw interest after indorsement, 2768; shall not be drawn until claim has been audited, 27:^0; to pay judgment, 2811. Organization, of annual meeting, 2746; of subdistrict meeting, 2751; of board of directors, 2757; of new school township, 2790; of independent school district, INDEX. ^Q^ 2795; on or before first day of August, 2796; of rural independent school dis- tricts from subdistricts of school township, 2797; of independent district out of territory detached from other independent districts, 2798; of independent district by uniting other independent districts, 2799; of school township from rural independent school districts of civil township, 2800; of new subdistrict, 2801; of county board of education, 2833. Owner, in ce^-tain cases, may object to site nearer than forty rods from his resi- dence, 2814; relusing or neglectmg to give site or road thereto, land may be taken by condemnation, 2815; secures premises when site reverts, 2816. PARENT, name of, registered by secretary, 2764; list of heads of families kept by director of subdistrict, 2785; school taxes paid by, in any independent dis- trict, may be deducted from tuition of nonresident child, 2804; child may not be required to read bible contrary to wishes of, 2805; shail cause child to attend school, p. 106. Park, may not be taken by condemnation for schoolhouse site, 2814. Penalty, of county superintendent for failure to make report, 2741; board fixes, in bond of secretary and treasurer, 2760; for failure or refusal to perform duty, 2822; shall be applied to use of schools, 2822; for failure to cause children to attend school, p. 108; for failure by ofiScers to enforce compulsory school law, p 108, Petition, for formation of independent school district, 2794; to form rural inde- pendent school districts from subdistricts of school township, 2797; for uniting independent districts, 2799; to unite rural independent school districts into a school township, 2800; for county uniformity of text-books, 2831; to abolish county high school, 2733. Physiology and hygiene, with reference to effects of stimulants, must bo taught in normal school, 2677; usual examination for teacher must include, 2736; certificate of teacher failing or neglecting to teach, shall be revoked, 2737; county superintendent must report extent to which requirements of the law ara observed , 2739; county superintendent may require assistance of county attor- ney to enfc»rce law. 2740; must be taught in all schools, 2775; must be studied by every scholar, 2775; study of subject must be completed in that class, before scholar is advanced, 2775. Place, superintendent public instruction determines, of teachers' normal insti- tute, 2622; board of educational examiners meets at such, as president may direct, 2629; petition for establishment of county high school must name, 2728; site for county high school must be selected at place named in the petition, 2730; county superintendent must hold examination at county seat on last Friday and Saturday of each month, 2735; of annual meeting given in notice, 2746; of subdistrict meeting given in notice, 2751; meetings of board held any place within same civil township, 2757; notice of special meeting of board must specify, 2757; secretary shall post notice of meetings in at least five pub- lic places, 2763; notice shall be posted at or near last place of meeting, 2763; each notice shall state place of meeting, 2763; persons notified of, where appeal will be heard, 2819. Plat, of subdistricts shall be made by secretary, 2801; written description of, shall be recorded in records of school township, 2801; copy of, shall be deliv- ered to county treasurer and auditor, 2801; shall be recorded, 2801. PoisOxnS, see Alcoholic Drinks. Poll book, must be provided for each precinct in districts having 5,000 or over, divided into election precincts, 2756; secretary shall keep full record in, 2761. 164 INDEX. Polls, at elections in all districts except ihose of 5,000 or more, shall open at 1 p. M., 2754; at subdistrict election, shall remain o en not less than two hours, 2754; in independent school districts below 5,000, must remain open not less than five hours, 2754; in rural independent school districts and school town- ships, must remain open not less than two hours, 2754; in districts o£ 5,000 or over having election precincts, shall be kept open from 9 a. m. until 7 p. m. , 2756. Population, in districts including cities of the first class or cities under special charter, board consists of seven members, 2754; in all other independent school districts, board consists of five members, 2754; districts of 5,000 or over may be divided into election precincts, 2755; any city, town, or village, of over 100 may become the basis of an independent school district, 2794. Postage, for use of county superintendent, 2742; in appeal, must be paid by party aggrieved, 2820. Posting of notices, see Notice. Precincts, ee Election Precincts. President, acts as judge of election, 2746; elected from board by ballot, 2757; may call special meeting of board, 2757; any member may administer oath of qual- ification to, 2758; vacancy in office of, filled by appointment, 2758; duties of, 2759; signs all contracts, 2759; presides at meetings of board, 2759; signs drafts on county treasurer, 2759; appears for district in suits, 2759; bonds of secretary and treasurer filed with, 2760; brings action on breach of bond, 2760; tempo- rary, appointed, 2772; signs contract with teacher, 2778; approves contiact made by director of subdistrict and reports same t) board, 2785; certifies account for tuition to county auditor, 2803; receives notice of apportionment^ 2808; draws draft on county treasjrer, 2810; signs district bonds, 2812; must enforce compulsory attendance law, p. 108. Property, schoolhouse or other, may be disposed of by annual meeting, 2749; may be disposed of by special meeting, when schoolhouse is destroyed, 2750; value of, reported by secretary; 2765; rules tor care of, made by board, 2772; schoolhouse, may be fenced by board, 2773; may be insured, 2783; when schoolhouse tax is levied on subdistrict, county treasurer shall keep amount separate, 2810; tax on property of district shall be levied by board of super- visors to pay judgment indebtedness, 2811; tax to pay bonds shall not exceed five mills upon the dollar, 2813. Propositions submitted, to establish county high school, 2728; notice of annual meeting given by secretary shall name propositions directed by the board to be submitted, 2746; board may give notice in call for annual meeting that cer- tain propositions named will be submitted, 2749; on written request of voters, board must give notice that proposition will be submitted, 2749; notice of sub- district meeting shall name amount of schoolhouse tax to be voted for, 2751; for special schoolhouse tax by subdistrict, 2753; in each precinct of districts having 5,000 or over divided into election precincts, 2755; votes for and against each, to be recorded by secretary, 2761; to change or displace text-books before expiration of contract, 2829; to vote on county uniformity, 2831; to vote on free text-books, 2836. Proposals to build, to exceed $300, invited by advertisement , 2779. Publication, see Newspaper. Pupil, see Scholar. Qualification for office, of deputy superintendent public instruction, 2621; of secretary and treasurer normal school, 2675; of trustees county h'gh school, INDEX. 165 2729; of secretary and treasurer county high school, 2729; by director, 2758; by president of board, 2758; time of, for secretary and treasurer, ten days, 2760; by member or offi:er appointed, 2771; by directors of new independent school district, 2795. Qualification of sureties, see Sureties. Questions to be voted on, see Propositions Submitted. Quorum, majority of board shall constitute, 2771. Rate of taxation, see Taxes. Receipts and expenditures, statement of, made to annual meeting, 2780; in city or town districts, published two weeks before annual meeting, 2781; of normal institute fund, must be published, 2738. Record, by superintendent public instruction, 2621; by board educational exam- iners, 2633; by board trustees normal school, 2680; by board trustees county high school, 2729; of examination of teachers, 2733; of result of voting in dis- tricts of 5,000 or over, divided into election precincts, 2755; of vote forofl&cers of board, made by secretary, 2757; secretary keeps complete, 2761; secretary makes full record of votes at annual meeting, 2761; secretary prepares register of persons of school age, 2764; treasurer keeps account of receipts and expendi- tures, 2768; of enumeration made by director of subdistrict, 2785; daily register kept by teacher, 2789; proper record made on plat of district when territory is attached, 2791; changes in subdistrict boundaries, shall be shown on plat of school township; 2801; of changes in subdistrict boundaries shall be made by county treasurer and auditor, 2801; of persons to whom bonds are sold, kept by treasurer, 2812; of report of referees, 2815; transcript of, in appeal, certified by secretary, 2819; of costs of appeal filed with clerk of dis- trict court, 2821; of proceedings county board education kept in office of county superintendent, 2833; of books purchased for school libraries, p. 104, Referees, to assess damages when site is condemned, 2815; oath of, 2815; shall report in writing, 2815; report of, filed and preserved in office of county super- intendent, 2815; either party may appeal from assessment by, 2815; cost of assessment by, paid by school district, 2815. Register, of voters in districts of 5,000 or over, divided into election precincts, furnished and revised, 2755; by secretary, of persons of school age, 2764; teacher must keep, 2789; files copy with secretary, 2789; of bonds in office of county auditor, 2812; of persons to whom bonds are sold, 2812. Registrars, shall be appointed in each election precinct in school corporations of 5,000 or more inhabitants, 2755; qualification, duties, and compensation of , 2755. Registration of voters, see Register. Reports, from county superintendents preserved, 2621; from superintendent pub- lic instruction, 2625; of enumeration by superintendent public instruction to auditor of state, 2625; from board educational examiners, 2633; from board trustees normal school, 2680; from board trustees county high school, 2731; from county superintendent annually, 2739; of blmd, deaf and dumb, and fee- ble minded, by county superintendent, 2739; copies of, preserved by secretary, 2761; secretary to make annually, 2765; name and postoffice of officers reported to county superintendent and treasurer, 2766; treasurer to make annually, 2769; director of subdistrict to make to secretary, 2785; teacher shall file with county superintendent such reports as he may require, 2789; of interest on permanent school fund, 2809; county auditor of sales of school laws, p. 100; from principal or superintendent of persons taking teacher's course in accredited schools, p. 105; from principal of private or parochial school to secretary, p. 106; 166 INDEX. of truants, from school officers to secretary, p. 108; from county superin- tendent to be published, 2738. Residence, of students in normal school, 2676; of students in county high school, 2733; of voter at school meeting, 2747; of officer or member of board, 2748; of person between 5 and 21 entitles him to school privileges, 2773; scholars from another district may attend, 2803; scholars not having residence in discnct, may be admitted, 2504; schoolhousemay not be located by condemnation nearer than forty rods of, if owner objects, 2814. Reversion, of schoolhouse site to owner, 2816. Revocation, of teacher's certificate, 2731. Right to vote, see Voters. Roads, see Highways. Room, provided for examination at county seat, 2735; may be rented and teacher employed for ten or more children, 2774; kindergarten, may be established in independent school districts, 2777; $25 annually of contingent fund may be used for each, to purchase library books and apparatus, 2783; tuition and con- tingent expenses based upon room in which child attends, 2803. Rules AND regulations, board trustees normal school shall make, 2676; prin- cipal county high school shall make, 2732; board directors shall make for its own government, 2772; for officers and others, 2772; for care of schoolhouse and other property, 2772; board shall aid teachers in enforcing, 2782; board may expel scholar for violation of, 2782; for government of director of subdis- trict; 2785; for sale of books and supplies, 2824; of county board of education, 2832; to govern use of free text-books, 2837. Rural independent school district, corporate name, 2744; annual meeting, 2746; number of directors, 2754; polls open at 1 p. m. and remain open not less than two hours, 2754; no teacher or other employe eligible as secretary, 2757; change of boundaries in same civil township, 2793; formation of, 2797; subdivision of, 2798; uniting of, 2799; erection into a school township, 2800. Salaries, see Compensation. Sjlle of property, may be directed by voters, at regular meeting, 2749; at special meeting, 2750. Scholar, register of all of school age kept by secretary; 2764; report of number enrolled and average attendance, 2765; report for deaf and dumb, blind, and feeble-minded, 2765; board shall make rules for governmen of, 2772; school- ho'ise located for convenience of, 2773; board determines particular school ea ti shall attend, 2773; must attend school designated by board, 2773; an ac aal resident shall be allowed to attend free ot tuition, 2773; additional sc ool may be provided for any ten or more, 2774; instruction of , maybe pro- v; ed for in another district, 2774; board may pay transportation of, 2774; must receive instruction in effects of stimulants, 2775; board may expel, 2782; teacher may dismiss, 2782; may be readmitted, 2782; books maybe loaned to, 2783; indigent, may be supplied with school books, 2783; enumeration of, by director of subdistrict, 2785; shall be required to explain kind and plan of articles exhibited at industrial exposition, 2786; teacher's register of, must be kept, 2789; may attend in another district, 2803; school age of, 2804; non- resident may attend, 2804; shall not be required to read bible, 2805; apportion- ment based on number of, 2808;* text-books loaned to, 2837; responsible for damage to books, 2837; shall be allowed to purchase books at cost, 2837. School, maybe visited by county superintendent, 2735; must be visited, when requested by board, 2735; voters may instruct that added branches shall be INDEX. 167 taught in, 2749; secretary notifies county superintendent when each begins, 2765; secretary reports to county superintendent for each, 2765; board pre- scribes course of study for, 2772; board determines number of, 2773; deter- mines particular school each child shall attend, 2773; designates period each shall be held, 2773; shall be free of tuition to all residents, 2773; shall con- tinue at least twenty-four weeks in each school year, 2773; county supermtend- ent may excuse board from maintaining, 2773; shall -not be in session during teachers' institute except by permission, 2773; extra school for ten or more children, 2774; board may secure advantages of attendance in another dis- trict, 2774; board may pay transportation of children to and from, 2774 effects of stimulants must be taught in, 2775; graded or union may be estab lished, 2776; person to have general supervision of, may be selected, 2776 kindergarten department may be established in any independent school dis trict, 2777; board shall provide for visiting, 2782; scholar expelled from, 2782 scholar dismissed by teacher, 2782; library books and apparatus for each, 2783 board shall provide water-closets for, 2784; director of subdistrict cares for schools, 2785; industrial exposition in, 2786; teacher of, must hold valid cre- dential, 2788; teacher keeps register of, 2789; files register of, 2789; attend- ance in another district, 2803; age for attendance, 2804; attendance of non- residents, 2804; bible not excluded from, 2805; taxes for support of, 2806; county tax for, 2807; semi-annual apportionment for, 2808; in cities or towns, exempted from county uniformity, 2835; free text-books for, 2837; corpora- tions may accept bequests, p. 101; libraries, how selected and managed, p. 103; accredited, what is, p. 105; visitation of by board of examiners, p, 105; census of persons between 7 and 14 years of age, p. 108; fund and lands under control of general assembly, p. 109. School board, see Board of Directors. School bonds, see Bonds. School books, see Text-books. ScHuOL DiRFCTORS, scc Board of Directors. School district, each existing continues, 2743; may sue and be sued, 2743; has exclusive jurisdiction over territory in, 2743; every, a body corporate, 2743; name of, 2744; board of, 2745, annual meeting of, 2746; right to vote in, 2747; qualiftcations for officer of, 2748; powers of voters, 2749; special meeting of voters, 2750; meetings of directors, 2757; election of officers, 2757; qualification of directors, 2758; vacancies in office filled by appointment, 2758; duties of president, 2759, suit to be brought in name of, 2759; bonds of secretary and treasurer, 2760; duties of secretary, 2761-2767; duties of treasurer, 2768-2769; quorum of board, 2771; vacancies in officers or members filled by ballot, 2;'71; schoolhouse site for, 2773; division of, for school purposes, 2773; may maintain higher schools, 2776; all contracts in, made by board. 2778; compensation of secretary and treasurer, 2780; claims against, audited by board, 2780; may have territory attached , 2791; territory restored, 2792; when boundaries are changed, boards continue to act, 2802; assets and liabilities divided; 2802 arbitrators may be appointed, 2802; either party may appeal to district court, 2802; attendance from another district, 2803; taxes for school purposes esti mated, 2806; levy of taxes, 2807; apportionment to, by county auditor, 2808 taxes paid to, 2810; judgment paid by, 2811; tax to pay bonds or interest due, 2813; may take schoolhouse site by condemnation, 2814; may not use barbed wire, 2817; provisions of law apply alike to every, unless otherwise stated, 2823; may adopt text-books if county uniformity is not in force, 2824; may provide free text-books, 2836; may discontinue loaning text-, ooks, 2837. School klections, see Election. 168 INDEX. School grounds, see Schoolhouse Site. SCHOOLHOUSK, voters may sell or otherwise dispose of, 2749; voters may direct use of, 2749; voters may provide roads to, 2749; voters may direct that, shall be used for meetings of public interest, 2749; voters at annual meeting may vote tax to build, 2749; voters of district vote tax to build, at special meeting, 2750; voters of subdistrict vote tax to build, 2753; notice of district meetings shall be posted at the door of each, 2763; board has care of, 2772; s.te fixed by board, 2773; site fenced by board, 2773 and p. 99; plans for, approved by county superintendent, 2779; when built or repaired to extent of over $300, must be by advertisement, 2779; may be insurred, 2783; water-closets for, must be provided, 2784; board may authorize director of subdistrict to look after, 2785; may not b3 inclosed with barbed wire, 2817; location of, when site is con- demned, 2814. ScHooLHOusK FUND, see Funds. Schoolhouse site, fixed by board, 277^; fenced by board, 2773 and p. 99; shade trees on, 2787; in city or town, may include entire block, 2814; taken by con- demnation must be on public highway, 2814-2815; reversion to owner, 2816; may not be fenced with barbed wire, 2817; fencing of, p. 99. School laws, publication of. 2624; in cloth, how distributed, 2624; in paper covers, how distributed, 2524; to be delivered to successor, 2624; amendments to, published, 2624; amendments to, distributed, 2624; volume of, surrendered to successor, 2770; for sale by county auditor, p. 100. School month, is of four school weeks of five days each, 2778. School officer, see title of officer. School orders, see Orders. School taxes, see Taxes. School teachers, see Teachers. School township, corporate name, 2744; board of, 2745; annual meeting, 2746; number of directors, 2752; polls must open at 1 p. m. and remain open not less than two hours, 2754; duties of director in subdistrict of, 2785; newly formed, 2790; formed from rural independent school districts, 2800; .divided into sub- districts, 2801; apportionment of schoolhouse tax among subdistricts of, 2806. School warrants, see Orders. School week, is of five school days, 2773; compensation of teacher may be agreed to for, 2778. School year, see Year. Secretary, board trustees normal school elected, 2675; compensation of, 2681; of board trustees county high school, 2729; of subdistrict meeting, 2751; of county board of education, 2833. Secretary, acts as judge of annual election, 2746; if no subdirector, gives notice of subdistrict meeting, 2751; certifies special schoolhouse tax, 2753; chosen outside of board, 2757; elected by ballot, 2757; records vote, 2757; in independent districts no teacher or other employe of board eligible as, 2757; appears in suits when president is a party, 2759; gives bond, 2760; takes oath, 2760; qualifies within ten days, 2760; files copies of reports and papers, 2761; keeps a complete record, 2761; keeps a separate account of each fund, 2761; keeps an accurate account of all expenses, 2761; presents account of expenses to board to be audited, 2761; keeps record of votes at annual meet- ing, 2761; countersigns warrants and drafts, 2762; draws orders, 2762; keeps register of orders, 2762; furnishes board copy register of orders, 2762; gives notice of all meetings, 2763; prepares register persons of school age, 2764^ INDEX. 169 reports each school to county superintendent, 2765; files report annually with county superintendent, 2765; reports name and postoffice of officers, 2766; cer- tifies taxes, 2767; vacancy in office of, filled by board, 2771; temporary, appointed, 2772; files contract of teacher, 2778; compensation of, fixed by board, 2780; records list of enumeration made by director of subdistrict, 2785; records order attaching territory, 2791; gives notice of election to unite rural inde- pendent school districts into a school township, 2800; delivers copy of descrip- tion of subdistricts to county treasurer and auditor, 2801; countersigns bonds, 2812; files transcript of record in appeal, 2819. Sbmi- ANNUAL APPORTIONMENT, number persons for, reported to auditor of state, 2625; number persons for, filed with county auditor, ^739; t aken into account in estimating teachers' fund, 2806; made by county auditor, 2808; not less than five nor more than fifteen cents per person of school age may be withheld for library fund, p. 103, Sex, see Women. Shade trees, see Trees. Sites, s e Schoo' house Site. Special meeting, of any district to sell propertv or vote a tax, 2750; of subdis- trict, 2753; of board, 2757; notice of, 2757; may be called by president, 2757; may be called by written request of a majority of the board, 2757; form of notice for, 2763; to organize new township, 2790; to form independent school district, 2794; to organize rural independent school districts, 2797; to subdi- vide independent district, 2798; to unite independent districts, 2799; to unite rural independent school districts into a school township, 2800; of board to change subdistrict boundaries, 2801; to estimate school taxes 2806; to vote bonds, 2812. State Auditor, see Auditor of State. State certificate, see Certificate and Diploma. State college of agriculture and mechanic arts, act of congress relating to, p. 112; grant of land for, p. 113; acceptance of grant by the state, 2645; to be governed by board of trustees, 2646; courses of study. 2647; tuition and rules of admission, ^649; duties of president, 2651; secretary, duties of, 2652; intoxicating liquors not to b sold within a distance of three miles from. 2673. Statement, of expenses attending official meetings, made by county superin- tendent, 2742; rendered by treasurer to board at anytime, 2769; of receipts and expenditures, made to annual meeting, 2780; in independent school districts, published in newspaper, 2781. State treasurer, see Treasurer of State. State university, how governed, 2635; powers of board of regents, 2635; officers of board, how elected, and tenure of office, 2635; president and pro- fessors, how elected^ 2635; apparatus— library, and cabinet of natural history of, 2639; object, departments, degrees, 2640; reports to board of regents, 2641; report by regents to the governor, 2641. Stationery, for use of county superintendent, 2742. Statistics, see Reports. Stimulants, see Alcoholic Drinks. Studies, see Course of Study. Subdistrict, a subdivision of a school township, 2744; director for, elected for one year, 2745; right to vote in, 2747; qualifications for director of, 2748; annual meeting of, 2751; notice of amount of schoolhouse tax to be voted in, 2751; notice of annual meeting in, 2751; powers of annual meeting, 2751; meeting 170 INDEX. shall not organize earlier than 9 a. m. , nor adjourn before 12m. , 27.^1; embrac- ing entire school township, 2752; special meetini? of, to vote schoolhouse tax, 2753; vote of schoolhouse tax in, certified to secretary of school township, 2753; schoolhouse tax voted by, levied on subdistrict, 2753; director of , may be instructed to make certain contracts, 2785; director of, shall prepare list children of school age, 2785; director of, shall report list to secretary, 2785; director of, may hold industrial exposition, 2786; may be formed from rural independent school districts, 2800; may be created, 2801; boundaries of, changed by vote of majority of board, 2801; boundaries of, conform to con- gressional lines, 2801; plat of, to be made, 2801; description of, to be recorded in records of school township, 2801; copy of description delivered to county treasurer and auditor, 2801; changes in boundaries of, take effect first Monday in March, 2801. Subdistrict meeting, held annually, 2751; officers of, 2751; special, to vote schoolhouse tax, 2753. SuBPCENAS, for witnesses, may be issued by county superintendent, 2821. Successor in office, all matters turned over to, by superintendent public instruction, 2621; volume of school laws to be turned over to, 2624; appointed member board educational examiners not to succeed himself, 2628; director holds until successor is elected and qualified, 2758; county auditor must ^turn over copies of school laws to, p. 101. Suffrage, who has right of, 2747. Suit, to recover penalty from county superintendent, 2741; any district may sue and be sued, 2743; president appears for district in, 2759; if president is a party in, secretary appears for district, 2759; board may employ counsel in, 2759: brought against secretary or treasurer in case of breach of bond, 2760; for wilful failure or refusal lo perform duty, 2822; brought in name of county, 2822; on bond of publisher of text-books, 2827; against school officer acting as agent for text books or supplies, 2834. SuPFRiNTENDENT PUBLIC INSTRUCTION, Shall have officc in capitol, 2621; may appoint deputy, 2621; files papers, reports, and documents, 2622; keeps record of things done, 2622; turns over office to successor, 2622; is charged with gen- eral supervision of all county superintendents and the common schools, 2622; may meet county superintendents in convention, 2622; shall appoint teachers' institutes, 2622; shall attend teachers' institutes, 2622; snail render opinions /on the school law, 2623; shall determine cases on appeal from county superin- tendents, 2623; shall have school laws printed and distributed, 2624; shall have amendments distributed, 2624; may subscribe for educational school paper, 2624; may furnish copy of paper to county superintendents, 2624; shall report to auditor of state number persons of school age, 2625; shall report biennially to the governor, 2625; shall receive and transmit $50 for each institute, 2626; salary of, 2627; traveling expenses of, 2i27; is president board educational examiners, 2628; is president board trustees normal school, 2675; receives reports from county superintendents, 2739; approves course of study for graded or union schools, 2776; receives certificate of qualification of county superin- tendent, 2809; hears appeal fn^ra county superintendent, 2820; shall not render a judgment for money, 2820; receives report from county superintendent of list of text books adopted, 2833. Supervision, by superintendent public instruction, 2622; by county superintend- ent, 2735; by board of directors, 2772; by person selected by board, 2776. Sureties, of treasurer normal school, 2675; of trustees county high school, 2729; of treasurer county high school, 2729; of secretary acd treasurer of board, INDEX. ^Yl 2760; of contractor to build, 2779; of person to keep books and supplies for sale for district, 2824; of contractor to furnish books and supplies, 2830; bonds o'f surety companies accepted, 2830. SURKTY COMPANIES, bonds of, shall be accepted on bond of contractor to furnish text-books, 2830. Suspension, see Expulsion of Scholar. TAXdS, estimated by board trustees county high school, 2730; women may vote upon question of, 2747; voters may vote sctioolhouse, at annual meeting, 2749. board may give notice that proposition to vote, will be submitted, 2749; board shall give notice that proposition to vote, will be submitted, 2749; may be voted at a special election, 2750; notice given by director of subdistrict district that schoolhouse, will be voted, 2751; voted at special meeting of sub- district, 2753; shall not exceed in all fifteen mills on the dollar, 2753; certified by secretary of subdistrict meeting, to secretary of school townsnip, 2753; levied by board of supervisors upon property of subdistrict only, when, 2753; president signs drafts for taxes collected, 2759; secretary certifies to board of supervisors amount fixed for contiugent and teachers' mnd, 2767; stcret.iry certifies schoolhouse tax voted at regular or special meeting, 2767; secretary certifies provision made for payment of principal or interest of bonds due, 2767; collected for building schoolhouses, called schoolhouse fund, 2768; col- lected for expenses necessary to keep the schools in operation, the contingent fund, 2768; collected for tne payment of teachers, the teachers' fund, 2768; board estimates and publishes amounts necessary to maintain schools, 2781; to purchase free text-books provided by board, 2783; void for school township when independent school district is created, 2796; when independent school district is formed, board estimates and certifies all necessary taxes, and board of supervisors levies same, 2796; for teachers' and contingent funds, deter- mined by board by third Monday in May, 2806; limit of, for contingent fund, 2806; for uniformity of text-books, 2806; limit of, for teacners' fund, 2806; on territory in adjoming counties, may be estimated in mills, 2806; for school- house fund , apportioned among subdistricts, 2806; levy by board of supervi- sors, 2807; levy of schoolhouse tax voted at special meeting, 2807; levy of one to three mills county tax, 2807; apportioned by county auditor, 2808; presi- dent to be notified of tax collected, 2808; president issues warrant in favor of district treasurer, 2808; county treasurer gives notice of amount collected, 2810; county treasurer pays to district treasurers quarterly, 2810; county treasurer keeps separate tax levied directly upon a subdistrict, 2810; voters vote tax to pay judgment, 2811; if voters do not vote tax to pay judgment, board certifies amount required to board of supervisors, who shall levy tax, 2811; board fixes amount necessary to pay principal or interest, if needed, 2813; board certifies to board of supervisors not to exceed $1.50 annually for each person of school age, on contingent fund, for text- books and supplies to be resold, 2825; not exceeding five dollars for each person of school age for transporting children, 2806. Teachers, number in the state reported, 2625; state certificates and diplomas to, 2629; state certificate to primary teachers, 2630; shall have state certificate or diploma registered with county superintendent, 2632; may attend normal school, 2676; in normal school reported, 2680; in county high school reported, 2^31; receive blanks and circulars through county superintendents, 2735; county examination of, last Friday and Saturday in each month, 2735; exam- ination of, to be public, 2735; special examination of, 2735; examination in the usual subjects, 2736; examination in special studies, 2736; shall not be employed to teach any study not mcluded m certificate, 2736; usual certifi- 172 INDEX. cate not to exceed term of one year, 2737; certificate for two years, 2737; certificate may be re /oked after an investigation, 2737; when certificate shall be revoked, 2737; normal institute held for, annually, 2738; fee for registra- tion at institute, 2738; fee of appHcant for examination, 2738; number employed reported by secretary, 2765; money received for payment of, the teachers' fund, 2768; rules and regulations for government of, made by board, 2772; must give instruction in effects of alcoholic stimulants, 2775; in kinder- gartens must hold kindergarten certificate from county superintendent, 2777; elected by board in all cases, 2778; contracts with, what they must contain, 2778; contracts with, signed by president and teacher, 2778; contracts with, filed with secretary, 2778; aided in government of school by board, 2782; may by majority vote of board be discharged, 2782; before being discharged shall have fair trial, 2782; may temporarily dismiss a scholar, if empowered by board, 2782; may readmit a scholar, if dismissed by teacher, 2782; may not be employed unless having a valid certificate of qualification , 2788; may not be paid from school funds for teaching without a certificate, 2788; shall keep daily register, 2789; shall keep separate register for nonresident scholars, 2789; shall file copy of register with secretary, 2789; shall file reports with county superintendent, 2789; may not act as agent or dealer in text-books or supplies, 2834; course in accredited schools, p. 105; must pass an examination in the elements of vocal music, p. 102; library books may be loaned to, p. 104; shall be responsible for care of library, when, p. 105; must report violations of compulsory school law, p. 108. Teacher's contract, see Contracts. Teachers' normal institutes, appointed, 2622; must remain in session at least six days, 2622; superintendent public instruction shall attend, 2622; aided by state appropriation of $50 annually, 2626; county superintendent shall hold annually, 2738; registration fee from each person attending, 2738; institute fund, 2738; board of supervisors may appropriate additional sum for, 2738; disbursement of fund shall be only for services rendered or expenses incurred, 2738; elements of vocal music must be taught in, p. 102; report of expendi- tures to be published, 2739. Term of office, member board educational examiners appointed for four years, 2628; of member board trustees county high school, 2729; of member board of directors, 2745; of treasurer in independent school districts, 2754; of president of board, 2757; of secretary and treasurer, 2757; of member board of directors appointed. 2758; director shall hold office for the term to which he is elected, 2758; and until his successor is elected and qualified, 2758; at end of, books shall be surrendered to successor, 2770; when independent school district is organized, 2795. Territory, each district has exclusive jurisdiction over all, therein contained, 2743; contained in ward or other division of district for school purposes, 2773; of new civil township constitutes a school township, 2790; may be attached to adjoining district, if natural obstacles intervene, 2791; restored to district to which it geographically belongs, 2792; change of boundary lines between independent districts in same civil township, 2793; contiguous, may be included in independent school district at formation, 2794; taxes void upon part of, included in independent school district, 2796; may be detached from independent districts to form new independent district, 2798; in every case of transfer of, division of assets and liabilities must be made, 2802; school tax on, in independent district where nonresident child attends, shall be deducted from tuition, 2804. INDEX. 173 Testimony, taken in trial of an appeal, 28 19; witnesses may be subpoenaed to give, in trial of an appeal, 2821. Text-books, used by county high school reported, 2731; used in district reported , 2765; furnished to indigent children, 2783; purchased and loaned with contin- gent fund, 2783; board of directors certifies sum authorized under district uniformity, 2806; board of directors in county not having uniformity may adopt, 2824; may contract for and buy, 2824; books and supplies to be under charge of board, 2824; board may select persons within the county to keep books and supplies for sale, 2824; bonds shall be required of person keeping books and supplies for sale, 2824; paid for out of the contingent fund, 2825; amount certified annually to secure, not to exceed $1.50 for each person of school age in the district, 2825; no debt shall be contracted to purchase, 2825; in purchasing, books in use must be taken into consideration, 2826; board may arrange for exchange of, 2826; must be furnished at very lowest price, 2827; before purchasing, notice for bids must be given, 2828; before accepting bid, competent persons may be consulted, 2828; change in, not to be made within five years, unless by vote of electors, 2829; samples of, filed in office of county superintendent, 2830; samples kept for public inspection, 2830; bond taken from contractor, 2830; bonds of surety companies to be accepted, 2830; petitions for county uniformity of, 2831; if county uniformity carries, county board of education contracts for, 2832; depositories for sale of, arranged for, 2832; list of, reported by county superintendent to state superintendent, 2833; school officers not to be agents for, 2834; cities and towns exempted from county uni- formity, 2835; cities and towns may buy same books if electors so decide, 2835; question of free text-books submitted, 2836; if voted, boS.rd shall procure books to be loaned, 2837; board shall adopt rules and regulations for preser- vation of, 2837; any scholar allowed to purchase at cost, 2837; no free text- books supplied until needed, 2837; loaning of, may be discontinued, 2837. Tie VOTE, how determined, 2754, Time, of holding teachers' normal institute fixed by superintendent public instruction, 2622; that annual meeting will be in session must be stated in notice, 2746; that subdistrict meeting will be held shall be stated in notice, 2751; that polls must remain open, in different districts, 2754; that special meeting of board shall be held must be given in notice, 2757; secretary and treasurer shall qualify within ten days, 2760; of meeting, stated in notice, 2763; teacher must be given reasonable time to make defense against charges, 2782; appeal must be taken within thirty days, 2818; secretary must send transcript within ten days, 2819; county superintendent notifies persons when appeal will be heard, 2819; thirty days' notice of the appeal must be given by the appellant, 2820. Town, may become basis of independent school district, 2794. Township, see Civil Township, and School Township. Transcript, secretary shall be notified by county superintendent to furnish, 2819; secretary shall certify transcript to be correct, 2819; after transcript is filed, county superintendent shall notify in writing where appeal will be heard, 2819; of costs in appeal filed in office of clerk of court, 2821; tax-levy for, 2806. Transfer, a surplus in the schoolhouse fund may be transferred to teachers* or contingent fund by annual meeting, 2749; of territory to adjoining district, 2791; restoration of territory to district in which it geographically belongs, 2792; by change of boundaries between independent districts in same civil township, 2793; assets and liabilities must be divided in case of, 2802. 174 INDEX. Transportation of children, board may arrange for, 2774. Treasurer, of normal school, 2675; of county high school, 2729. Treasurer, in certain districts, chosen by the electors, 2754; chosen outside the board, 2757; elected by ballot, 2757; gives bond. 2760; takes oath of office, 2760; has ten days in which to qu-ilify, 2760; receives all moneys, 2768; pays out moneys. 2-68; keeps account of receipts and expenditures, 2768; registers all orders, 2768; keeps separate account with each fund, 2768; makes partial pay- ments, 2768; indorses unpaid orders, 2768; renders statement of tinances, 2769; makes annual report to board, 2769; files copy of report with county 5-uperintendent, 2769; vacancy in office of, filled by board, 2771; compensation fixed by board, 2780; draws money from county treasury, 2808; receives taxes quarterly, 2810; receives bonds and is charged with them, 2812; sells bonds and applies proceeds, 2812; keeps record of persons to whom bonds are sold, 2812; proceeds of sale of school laws to be paid to county treasurer, p. 100 Treasurer of state, board of educational examiners pays fees to, 2631. Trees, number in thrifty condition to be reported, 2765; board shall have twelve or more growing on each schoolhouse site, 2787; for failure or neglect to pro- tect, county superintendent shall call attention of board, 2787; ground included in orchard, may not be taken for schoolhouse site by cohdemnation, 2814. Trial, before state certificate or diploma may be revoked, 2631; before certificate of teacher may be revoked by county superintendent, 2737; before teacher may be discharged by board, 2782; of appeal to county superintendent, 2819; of appeal to superintendent of public instruction, 2820. Truant officers, how appointed, p. 107; duties of, p. 107; compensation of, p. 108; must enforce provisions of the compulsory school law, p. 108; penalty for failure to enforce law, p. 108. Truant schools, board of directors may establish, p. 107; rules governing, p. 107; punishment of insubordinate children, p. 107. Trustees, see Board of Trustees. Tuition, in normal school, 2676; in county high school, 2733; average cost per month for each scholar, reported by secretary, 2765; every school free of, to actual residents, 2773; may be paid by board in another district, 2774; boards may agree upon, 2803; when child attends by consent of board and county superintendent, 2803; for nonresident children, fixed by board, 2804; school tax paid by parent whose nonresident child attends, may be deducted from, in independent district, 2804; in State College of Agriculture and Mechanic arts, 2649; in State Normal School, 2679. Uniformity of text-books, see Text-books. Union schools, see Graded Schools. University, see State University. Unknown owner, see Owner. Vacancy in office, of trustee county high school, how filled, 2729; in board of directors, filled by appointment, 2758; of officer or member oc board, filled by ballot, 2771. Village, may become basis for independent school district, 2794. Visitation of schools, by county superintendent at his discretion, 2735; by county superintendent upon request of a majority of the board, 2735; provided for by board, 2782; visitation of accredited schools, p. 105. Voters, of district hold annual meeting, 2746; who may vote, 2747; powers of, at annual meeting, 2749; powers of, at special meeting of district, 2750; of sub- district, hold annual meeting, 2751; special meeting of subdistrict, to vote INDEX. 175 ffchoolhouse tax, 2753; register of, in districts of 5,000 or over, divided into election precincts, 2755; petition for formation of independent school district, 2794; vote on formation of independent school district, 2794; vote on forming independent districts from subdistricts, 2797; vote on subdividing independent district, 2798; vote on uniting independent districts, 2799; vote off uniting rural independent school districts into a school township, 2800; vote tax to pay judgment indebtedness, 2811; vote on issue of bonds to pay judgment indebt- edness, 2812; in independent school districts, vote to issue bonds for original indebtedness, 2812; authorize board to change or displace text-books, 2829; vote upon county uniformity, 2832; in cities and towns, authorize board to adopt books used in county uniformity, 2835; authorize free text-books, 2836; direct the loaning of text-books discontinued, 2837. Ward, school tax paid by guardian of nonresident, in an independent district, deducted from tuition, 2804. Wards, district divided into, or other divisions , for school purposes, 2773. Warrants, see Orders. Water-closets, board shall give special attentio i to matter of, 2784; in inde- pendent school district, shall be separated by solid or continuous barrier, 2784; approaches to outside doors of, separated by close fence, 2784; must be kept in wholesome condition and good repair, 2784. Witnesses, may be subpoenaed in appeal by county superintendent, 2821; attend- ance of, may be compelled, 2821; compensation of, 2821. Women, one member board educational examiners must be a woman, 2628; county superintendent may be i woman, 2734; right to vote on taxes or issuing bonds not denied to women, 2747; any school ofl&cer or member of board may be a woman, 2748; shall not be prohibited from voting at elections at which they are entitled to vote , 2755 . Written contract, see Contracts. Year, usual certificate given for term not to exceed one year, 2737; certificate for two years given, 2737; for organization of board, 2757; for election of sec- retary and treasurer by board, 2757; for enumeration by secretary, 2764; for report of secretary to county superintendent, 2765; for report of treasurer to county superintendent, 2769; minimum, for school purposes, 2773; fo school purposes commences third Monday in March, 2773; for financial statement to be published, 2781; for enumeration, by director of subdistrict, 2785; for organization of school township, 2790; for division of school township into subdistricts, 2801; for certifying of taxes regularly voted, 2806; for certifying and levying of schoolhouse tax voted at special meeting, 2807; certificates to graduates from accredited schools to be giv-n for two years, p. 105. Youth, see Enumeration, and Scholar. A DECISIONS IN .A.F'F^EAr^ CASES Compiled for the Use of School Officers and Directors. EDITION OF 1Q03. RICHARD C. BARRETT, Superintendent of Public Instruction. PREFACE. In the compilation of the following decisions it has been our aim to select, as far as possible, only such cases as have a decisive bearing upon some important point of school law. There are many questions arising in the administration of these laws which the courts alone have power to decide All questions involving the right and title to office, the interpretation of contracts, the right to levy and collect taxes, the pay- ment of money, and any act of the electors of a school district, are matters that should be tried in the courts, and cannot be determined by appeal to the county superintendent or to the superintendent of public instruction. Many of the appeals taken in the past have grown out of contention over the location of school house sites. ^ As our state becomes more generally settled these questions arise with less frequency. When possible, appeals to the superintendents or courts should be avoided; the timely and judicious advice of county superintendents will do much more to secure amicable adjustment of many school controversies. A careful perusal and study of these decisions by the school officers will enable them to administer the laws so justly and intelligently that many of the unfortu- nate contests that too frequently involve school districts and neighborhoods will be greatly diminished. July 4, 1902. Richard C. Barrett, Superintendent of Public Instruction, TABLE OF CASES. Amsden v. Macedonia 61 Arthur v. Fairway 22 Bacon v. West Des Moines 81 Badger, O'Connor v 37 Baker, Martin v 69 Baker v . Waukon 32 Barnes City , Williams v 92 Bartlett v. Spencer 28 Baxter v . Bear Grove 68 Bear Grove , Baxter v 68 Bear Grove, Messner et al v 84 Belmond, Thompson v 51 Benson et al. v. Silver Lake 57 Boomer , Remington v 10 Boyle , Grey v 59 Brighton, Woods v 21 Brown v. Van Meter 19 Burrington, Moody v 12 Cedar , Miner v 8 Center, Folsom v 35 Center, Sheafe v 47 Charles City , Harwood v i5 Clarence, Tannery 45 Claxton V. Holmes 50 Colburn v. Silver Lake 27 Cormack v. Lincoln 26 Crawford, Walker v 38 Curry v . Franklin 5 Davis v. Linn 40 Davis V. Madison 11 Deck V. Eden 34 Des Moines, Handersheldt v 29 Donald v. South Fork 24 Donelon v. Kniest 44 Eagle, Reedv 46 Eden. Deck v 34 Eldon , Taylor v 14 Elk kiver, Peterson v 9G Empire, Watkins v 41 Exira, Watson v 14 Fairway, Arthur v 2^ Fallon v. Fort Dod ?e 57 Fieldberg, Severied et al v 52 Folsom V. Center 35 Forsythe v. Kirkv lie 4if Fort Dodge, Fallon v 57 Franklin, Curry v 5 Franklin, Rush v 87 Fremont, Hook v 10 G.I iuwood , Rogness v 58 Gosting v. Lincoln 18- Grant, Odendahl v 67 Gregory v. McCord 60^ Greyv. Boyle... 59 Griffith & Knight v. Middlefork .... 78 Grove, McKee v 62 Hale V. Riverdale 79 Handersheldt v. Des Moines 29- Hartford, Ingraham v 54 Harwood v. Charles City : 15 Heath V. Iowa 65 Hiteman , Wilson v 91 Holmes, Claxton v 50* Hook v. Fremont 10 Hubbard v. Lime Creek 17 Hudgens v. No. 10 71 Ingraham v. Hartford 54- lowa, Heath v 65 Jackson v. Steamboat Rock 66 Jacoby v. Nodaway 25 Jasper, Thomson v 20 Johnston v. Sanborn 80 Johnston v. Utica SS Jones V. Ocheydan 88 Kenworthy v. Oskaloosa 5& Kirkville, Forsythe v 49- Kletzing v. Montour 72 Kniest, Donelon v 44 TABLE OF CASES. Lester, Sipple v 6 Lime Creek , Hubbard v 17 Lincoln, Cormack v 26 Lincoln, Costing v 18 Lincoln, Maxwell v 42 Linn , Davis v 40 Lodomillo , Rankin v 26 Lytle V . Washington 90 Macedonia, Amsden v 01 Madison, Davis v 11 Martin v. Baker G9 Maxwell V. Lincoln 42 McCord, Gregory V tO McKee v . Grove 62 McMillan v. Waveland 63 Messner, Rigler v. Bear Grove 84 Middlefork, GriffiLh et al. v 78 Miner V. Cedar 8 Monroe , Wilson v 23 Montour, Kletzing v 72 Moody V. Burrington 12 Munn V. Soap Creek 74 Nodaway, Jacoby v 25 No . Seven , Webster v 48 No. Ten, Hudgens V 71 O'Connor V. Badger 37 Ocheydan , Jones v 88 Odenhall v. grant 67 Oeike v . Spencer 85 Oskaloosa, Ken worthy v 56 Park V . Pleasant Grove 30 Peck V. Polk 11 Peterson v. Elk river 96 Pleasant Grove, Park v 30 Polk, Peck v 11 Randall v. Vienna 13 Rankin v. Lodomillo 26 Reed V. Eagle 46 Remington v. Boomer 10 Riverdale, Hale v 79 Rogness v. Glenwood 58 Rush v. Franklin 87 Sanborn, Johnston v 80 Severied et al. v. Fieldberg 52 Sheafe V. Center 47 Shelby, Sutton v 86 Silver Lake, Benson et al. v 57 Silver Lake, C'olburn v 27 Sipple v . Lester 6 Soap Creek, Munn v 74 South Fork Donald v 24 Spencer, Oelke v 85 Spencer, Bartlett v 28 Steamboat Rock, Jackson v 66 Sutton v. Shelby 86 Tanner v. Clarence 45 Taylor V. Eldon 14 Thompson v. Belmond 51 Thompson v. Jasper 20 Topping & Williams v. Union 94 Union, Topping et al. v...* 94 Utica, Johnston v 33 Van Meter, Brown V 19 Vienna, Randall v 13 Walker v. Crawford 38 Watkins v. Empire 41 Washington, Lytle v 90 Watson V. Exira 14 Waukon, Baker v ':2 Waveland, McMillan V 63 Webster v. No. Seven 48 West Des Moines, Bacon V 81 Williams v. Barnes City 92 Wilson V. Hiteman 91 Wilson V. Monroe 23 Woods V. Brighton 21 SCHOOL LAW DECISIONS. S. L. Curry v. District Township of Franklin. Appeal from Decatur County. County Superintendent. Has no jurisdiction of an appeal until an aflSdavit is filed in his office. The appeal must be taken by affidavit. Affidavit. An affidavit is a statement in writing of the errors complained of, signed and made upon oath before an authorized magistrate. Jurisdiction. An application for an appeal filed within thirty days from the act complained of will not give the county superintendent jurisdiction of the case. Notice. The county superintendent .should not issue notice of final hearing until the transcript of the district secrecary has been filed. Testimony. Unless obviously immaterial, testimony offered should be admitted and given such weight as it merits. Discretionary acts. Should not be disturbed except upon evidence of unjust exercise of discretion. December 16, 1867, at a special meeting of the board, a vote to change the boundaries of subdistricts so as to form a new subdistrict in accordance with the prayer of petitioners, resulted in a tie. From this virtual refusal to act, S. L. Curry appealed to the county superintendent, who on the thirty- first of the same month formed a new subdistrict. Appellant alleges in his affidavit that the county superintendent assumed jurisdiction of this case without warrant of law, that there never was ' 'at any time an affidavit or any other statement in said appeal case filed in the office" of the superintendent, hence the want of jurisdiction. The ' 'act to provide for appeals," section two, provides that ''The basis of proceeding shall be an affidavit, filed by the party aggrieved, with the county superintendent, within the time allowed for taking the appeal." An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. A county superintendent can have no proper jurisdiction of an appeal case until such affidavit has been filed. A notice of intention to file an affidavit, a verbal complaint, or a petition, is not sufficient to give the county superintendent juris- diction in appeal cases. The affidavit setting forth ' 'the errors complained of in a plain and concise manner," must be in his hands before he is justified in com- mencing proceedings. The decision of the superintendent recites that the affidavit was filed December 21st, which might be taken as conclusive, if it was not contra- dicted by the record. The transcript shows that said affidavit was not subscribed and sworn to until December 28th, hence we do not clearly see how it could have been filed on the 21st. December 24th, four days before the affidavit was made, and which appellant alleges was never filed with the superintendent, said superintendent gave notice to the parties that the hearing would take place on the 30th. This proceeding, as an appeal case, was entirely unauthorized by law, and as he commenced proceedings in disregard of the plain provisions of the law and without lega' jwriedicttoo, b* 5 SCHOOL LAW DECISIONS. decision is annulled. It may be said, and not without authority, that as both parties responded to the notice, and came before the superintendent, that he thereby acquired jurisdiction, but we fe 1 uawilliag to sanction disregard of law by approving such great irregulr.rities. Without touching the real merits of the question at issue, the formation of a new subdistrict, which we are willing to leave to the local authorities, we refer briefly to three points of law raised by appellants. The county superintendent should not issue notice of final hearing until both the affidavit and the transcript of the secretary have been filed in his office. Though the change of subdistrict boundaries by the board is a discretionary act, it may be reviewed by the county superintendent, on appeal, but the decision of the board should not be disturbed unless said discretionary jpower has been abused or exercised unjustly. The county superintendent should have received the remonstrances offered on trial in evidence, and exercised his judgment as to their weight and value. Revershd. elqrnu.. ^joni^ 9tii Uo gniJ! D. FRANKLIN WELLS, March 26, 1868. •» »"''''^-fn f>i' Superintendent of Public Instruction. be^m l»^ f^' Elias Sipple v. Di.sfRTCT Township of Lester. Appeal from Black Hawk County. Testimony. At the hearing of an appeal, it iF competent for the county superin- tendent, upon his own motion, to call additional witnesses to give testimony. Records In the absence of the allegation of fraud, testimony to contradict or impeach the rertiMs of the district cannot be received. Records The board may at any time amend the record of the district, when necessary to correct mistakes or supply omissions. And it may upon proper show- ing be compelled by mandamus to make such corrections. Affidavit. The affidavit answers its leading purpose if it sets forth the errors complained of with such clearness that the proper transcript may be secured. At the regular meeting of the board held September 16, 1867, attended by four of the seven members, motions were made and seconded for the creation of two new subdistricts whose boundaries were described in the motions. In regard to the action on these motions the record of the secretary contains merely the word "carried " At a special meeting held February 15, 1868, the action of the board in September in relation to the formation of new subdistricts was "reconsidered" and "rescinded." From the February action Elias Sipple appealed to the county superintendent. During the progress of the hearing, which took place March 20, 1868, the county superintendent called upon one of the four members that attended the September meeting, who testified that he did not vote for the motion to create a new subdistrict. As it thus appeared that the new subdistricts were not estab- lished by a vote of a majority of all the members of the board, as required by law, and as said September action was rescinded at a full meeting of the board in February, the county superintendent, considering the formation of the subdistricts illegal and void, dismissed the appeal. From this decision Barney Wheeler appeals. Appellant alleges substantially that the county superintendent erred as follows : In himself calling a witness to give testimony ; in receiving testimony to impeach the district record, which is claimed to be valid and binding after thirty days; in dismissing the appeal ; in not establishing the subdistricts. The law requires the county superintendent to give a "just and equitable" deci- sion, and as the calling of additional witnesses may sometimes enable him to discharge this duty more faithfully, his action in this respect is sustained. The second error assigned really includes two distinct points, which will be considered separately; and first, in regard to the impeachment .-^f the district record. SCHOOL LAW DECISIONS. 7^ The law provides for an annual meeting of the elector 5 of the district township, and for serai-annual and special meetings of the board of directors; also that "the secretary shall record all the proceedings of the board and district meetings in separate books kept for that purpose." It is a general principle of law that "oral evidence cannot be sustituted for any instrument which the law requires to be in writing, such as records, public documents," etc. 1 Greenleaf's Evidence, §86. ' ' It is a well-settled rule that, where the law requires the evidence of a transac- tion to be in writing, oral evidence cannot be substituted for that, so long as the writing exists and can be produced; and this rule applies as well to the transac- tions, of public bodies and officers as to those of individuals." The People v Zeyst, 23 N. Y., 142. In the case of Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that an omission in the records of a town meeting could not be supplied by parol evidence. Chief Justice Shaw, in discussing the case, said that it would be " dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on evidence, says: ' ' Where written instruments are appointed either by the immediate authority of the law or by the compact of the parties, to be the permanent repositories and testimony of truth, it is a matter both of prin- ciple and of policy to exclude any inferior evidence from being used either as a substitute for such instruments or to contradict or alter them; of principle, because such instruments are, in their own nature and origin, entitled to a much higher. degree of credit than that which appertains to parol evidence; of policy, because it would be attended with great mischief and inconvenience, if those instruments upon which men's rights depend were liable to be impeached and controverted by loose collateral evidence . ' ' Starkie , part IV , page 995 , volume III , 3d Am . Ed . The reason of the rule upon which the courts agree with such entire unanimity applies with force in the case now under consideration. The records of the dis- trict and board meetings contain a statement of the regulations adopted, and the acts done in the exercise of the powers with which the respective bodies are invested by the law. They present to all the citizens of the district township, in a perma^ nent form, certain and definite information which could be obtained, with equal certainty, in no other way. Memory is defective, but the vSecretar/ records the transactions as they occur The actors change from year to year, but the record is permanent. And though the admission of oral testimony to alter a record or supply an omission therein might sometimes promote the attainment of justice, the prevalence of such a practice would result in more evil than good. It is held, therefore, that in the absence of alleged fraud the county superintendent errs, in admittiog parol evidence to contradict or impeach the record of the September meeting of the board. In regard to the other part of the second point a few words will suffice. The coun-sel for appellant urges that though the record of the September meeting was imperfect, the lapse of thirty days made the record valid and binding upon the district. It is true that the right to take an appeal to the county superintendent expires after thirty days, but I am unable to see how the lapse of time will vali- date what was before invalid. The secretary is the proper custodian of the records of the school district, and before the record of the proceedings of the board has been approved or adopted by the board, the secretary may amend them by sup- plying omissions, or otherwise correcting them. After they have been approved they may be amended and corrected by direction of the board, even after the lapse of thirty days. In Massachusetts a town clerk is permitted to amend the record in order to supply defects, even after a suit involving a question respecting them has been commenced. I am of the opinion that if the secretary or board ot directors decline to make necessary corrections in the record, ihat a party inter- ested may proceed by mandamus to compel the correction. If the record is to be impeached, it must be, in the absence of fraud, by a direct proceeding instituted 8 SCHOOL LAW DECISIONS. for that purpo«^e, and uot by a collateral or indirect method. Ihe People v. Zeyst, 23 N. Y., 147-8. The district record in this case is not as full as it might with propriety be. The law provides that the boundaries of subdistricts shall not be chanj^ed except by the vote of a majority of the members of the board. The record fails to show that this requirement of the law was complied with at the September meeting. The secretary says that the motion to redistrict ' ' carried." This is his opinion, but he fails to give the fact upon which it is based. Four of the seven members were present, but he f^oes not say who, or how many voted for the charge. Properly this should have been stated. When, however, the district record declares that a motion was * * carried," the law will presume that it was carried in accordance w^h the requirements of the statute; though there is reason to believe thai the presumption in this instance is a violent one. It follows that there was u(' ]*tfrji\ evidence that the subdistricts were not established in accordance with law; hence, the conclusion is inevitable that the county superintendent erred in dismiss inj.', th^ appeal for the cause assigned. At the ccuimencement of the trial and again during its progress, the defendant moved the county superintendent to dismiss the case on account of the insuf- ficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is usual to make affidavits in such cases, yet it "set forth the errors complained of" with such plainness and conciseness as enabled the county superintendent to obtain the necessary transcripts, and this is all the law really requires. It has not been customary heretofore to force any particular form of affidavit, and the superin- tendent's ruling refusing to dismiss on defendant's motion is sustained. As the testimony appears not to have been all in when the case was dismissed by the county superintendent, no opinion can be given in regard to the propriety or necessity of establishing the proposed new subdistricts. The case is therefore returned to the county superintendent, who will proceed with the hearing, first allowing a reasonable time for the correction of the district record or for the enforcement of its correction should such correction be deemed necessary by either of the interested parties. Should the district record be amended so as to show conclusively that the said subdistricts were not legally formed at the said meeting in September, it will follow that the said subdistricts never had a legal existence, and that the plaintifif could not be aggrieved by the action of the Feb- ruary meeting, hence the county superintendent will determine the case in favor of the appellee. Should said record not be amended, or should it be amended so as to show clearly that said subdistricts were established in all respects in con- formity with law, the question of establishing the new subdistricts, or more properly retaining their organization, will be determined upon its merits. Reversed. D. FRANKLIN WELLS, July 23, 1868. Superintendent of Public Instruction . E. J. Miner v. Distkict Township of Cedar. Appeal from Floyd County. Contested Election. The proper method of determining a contested election for school director is by an action brought in the district court. Election. The certificate of the officers of the subdistrict meeting is the legal evidence of election as subdirector, and as a general rule a board of directors is justified in declining to recognize a person as a member of the board until he produces such certificate. Evidence. Where the law require*! the evidence of a transaction to be in writ- ing, oral evidence can be iubstiiuted only if ttie writing cannot be produced. SCHOOL LAW DECISIONS. 9 Quo Warranto. The remedy of a person denied possession of an office to which he has been chosen, is an action in court. At the regular meeting of the board in March, 1868, E. J. Miner appeared and filed his oath of office as subdirector of subdistrict number three, and claimed recognition as a member of the board. The said Miner failed to present the certificate of the officers of the subdistrict meeting, or any other evidence of his election except his own verbal statement. It was alleged in the board that he was not legally elected. Under these circumstances the board refused him a seat and recognized his predecessor as holding over. From this order the said Miner appealed to the county superintendent, who, after a full hearing of the manner in wnich the election was conducted, reversed the order of the board, and directed that the said Miner should be recognized as subdirector of subdistrict number three, and as a member of the board of directors. From this decision an appeal is taken by A. J. Sweet, president of the board. The above are but a small por- tion of the facts presented in the well arranged transcript of the county superin- tendent, but yet all that are material to the issues involved. The case presented by these facts is similar to that of Ockerman v. District Tozvnship of Hamilion ^ page 77, School Law Decisions of 1868, and must be gov- erned by the same principles. It was there held that the only proper way of deter- mining a contested election or the right of exercising any public office or franchise, is by an action in the nature of quo warranto brought in the district court. It seems unnecessary to repeat the arg umentsthere used. Reference is made to that case as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa, 369; 17 Iowa, 365; and the other cases there cited. The principle involved in the preceding references was recognized by the county superintendent, when he said in his decision that ' 'the board of directors has no jurisdiction to inquire into the legality of the election of its members." When this just conclusion was reached, the case should have been dismissed , for the county superintendent can do on appeal only what the board itself might legally have done. The county superintendent held that as the president of the subdistrict meeting refused to sign a certificate of election for the said Miner, that the board might rceive other evidence of his election. In this the county superintendent departed from well established legal principles. The school law provides that at the meeting of the electors of the suTDdistrict on the first Monday in March, **a chairman and secretary shall be appointed, who shall act as judges of the election, and give a certificate of election to the subdirector elect." It is a well settled rule, that where the law requires the evidence of a transaction to be in writing, oral evidence cannot be substituted when the writing can be produced; this rule applies alike to trans- actions of public bodies, officers and individuals. There can be no doubt that the law contemplates that the certificate of the offi- cers of the subdistrict meeting shall be the legal passport to a seat in the board, and that, as a general rule, a board of directors is justified in declining to recog- nize a person as a member of the board until such certificate is produced. If the certificate has been given and lost, the accident may be remedied by other testi- mony. If illegally withheld, the officer may be coerced by mandamus to furnish it. If it has been fraudulently given, the law still provides a remedy. By the light of the previous principles, it is evident that when, under the cir- cumstances, the county superintendent proceeded to investigate the rights of the plaintiff as a school director, he exceeded his jurisdiction, and that his decision must therefore be overruled. The law requires that the plaintifif. Miner, shall seek his remedy in the courts. The decision of the county superintendent is therefore reversed and the case dismissed. Reversed. D. FRANKLIN WELLS, July 29, 1868. Superintendent of Public Instruction, 10 SCHOOL LAW DECISIONS. :;. ; N. R. Hook v.- Independent District of Fremont. Appeal from Mahaska County. . School Privileges. Are not acquired by temporary removal into a district for the purpose of attending school. At a meeting of the board an order was made excluding one Geo^^fe Check from school. From this order Dr. N. R. Hook, with whom the boy was at the time living, appealed to the county superintendent, who affirmed the order of the board, and Hook again appealed. ar TThe ground upon which the boy was debarred from school, was that he was not a bona fide resident of the district, and this is fully sustained by the circumstances of the case as shown by the weight of the evidence as adduced before the county superintendent. The apparent primary purpose of George Check in going to live with Dr. Hook, was that he might attend the school at Fremont, and after the term of school should expire, his further continuance at Hook's would be uncer- tain. He did not go there with the intention of remaining, but the intention to return to his father's house seems to have been manifested in the contract or agree- ment made with Hook. -:tr Counsel for appellant argues that the law should not be technically construed, but that it should receive a liberal construction , and in this he is correct. It should receive such a construction as that all the youth of the state, without regard to race or condition in life, can, with equal facility, participate in the benefits of our free schools . There is evidence that the schools in Fremont are so crowded that many of the youth of the district are unable to gain admission, and the law gives to them the prior claim. The board should see that the children of thedis- trict are first accommodated, and then, if not detrimental to the interests of the school, it may admit, in its discretion, those from outside districts upon such terms as it may agree. ^*-* '^^^^'^ Believing that the county superintendent properly sustained the board of directors, his decision is hereby Affirmed. ^ ^^v- • .: ,^u.i.. .- A. S. KISSELL, *^Mkl^ l/'lBTaV ■'^^*^'^ ^CJawo:: Superintendent of Public Instruction. aa&ivoTrtj ■■■ •^- ^ -^^rsi'-ii-- . ffoti?]/ \%-\^:%Ai no : , - - i^ ^ Remington v. District Township of Boomer. JonnfiL, aonebivd laio ,^i Appeal from Pottawattamie County. JuRTSbicTiON. ''^^fie" county superintendent does not have jurisdiction of cases involving a money demand. School Orders. When improperly issued, a proper remedy is injunction. On the 12th day of October, the board met in special session and made a settle- ment with one L. S. Axtell, who was the contractor for the erection of certain schoolhouses in said district township. From the action of the board, Z, W. Rem- ington appealed to the county superintendent, who dismissed the appeal upon the ground that the settlement with Axtell was for a money demand, and therefore involved a question over which he could exercise no jurisdiction. Remington again appeals. If there was anything wrong in the action of the board issuing orders in favor of Axtell for the payment of his claim for building the schoolhouses that would render them invalid, his remedy, if any, would have been by injunction to restrain the payment of such orders, or by some other proper action in the civil courts, and not by appeal to the county superintendent, as the latter tribunal is not clothed by the statute with the authority to inquire into or ce:ermine the validity of school )i>j SCHOOL LAW DECISIONS. H orders. The county superintendent, therefore, very properly decided to dismiss the appeal, and his order in the case is hereby ' Affirmed. > A. S. KISSELL, . May 17, 1870. Superintendent of. Fudlic^ Instruction. , bsidlqrnoo naad ',; W. D. PiCK et al. v. District Township of Polt£['^ bsvo ogIi> ;bri^ Appeal frojn Jefferson County . 'nrff -i-- SuBDiSTRicTS. Should be, if possible, compact and regular in fdrrii'i ' In well populated district townships, two miles square is considered a desirable area. ScHOOLiiousE Sites. It is important that a schooihouse site be located on a public road, and as near the center of a subdisttict as practicable. I-t appears from a transcript in this case that the board, on the presentation of a petition from the majority of the inhabitants of subdistrict number eight, issued an order attaching a strip on the northeast from subdistrict number seven to number eight, relocatmg the schoolhouie site, and arranging for the removal of the schooihouse from the present site to said new location. From this action of the board an appeal was taken to the county superintendent, who sustained the action of the board, and from his decision an appeal is taken to this tribunal. The trial before the county superintendent developed that the board has in contemplation the redistricting of the entire township into subdistricts two miles square, and that the order providing for the change of boundaries in subdistrict number eight is the initiatory step in that direction. The subdistrict in question, previous to the order, had very irregular boundaries; and except that the district is too large for convenience without further change in the boundaries, there would seem to be every reason for attaching the strip from number seven. That being attached, the change of location and the removal of the schooihouse to a site occupying the geographical center of the subdistrict with its changed bound- aries, must follow of course. Besides this, there seems to be the additional good reason for the change of location for the schooihouse site: the present site is not on k public road; the one in prospect is, and as all the territory is in a condition to be easily and rapidly settled, the new site will with the additiofial change in contemplation, be the exact geographical center of the subdistrict. The action of the board in this case is manifestly of a discretionary character, and I can see nothing in the testimony that would induce the belief that it has in any way exceeded its prerogative, or abused its discretion. The decision of the county superintendent is therefore Affirmed. A S. KISSELL, February 4, '1&71«.. Superintettdent of Public Instruction, W. P. Davis v. District Township of Madison. Appeal from Fremont County. Contracts. Made by a committee, require the approval of the board in session. School Fund-. The treasurer is the prooer custodian of all funds, and may legally pay them out only upon orders specifying the fund upon which they are drawn and the specific use to which they are applied. Subdirector. The subdirector may expend money in his subdistrict only in the manner authorized by the board. Claims. Just claims against the district can be enforced only in the courts. MANDAMtJS Is a remedy if the board refuses to carry out a vote of the electors. Subdistrict. A subdistrict is not a corporate body, and has no control of any public fund. The electors on the eleventh day of March, 1871, voted a tax of two and one- half mills on the taxable property of the district township for schooihouse pur- 12 SCHOOL LAW DECISIONS. poses, and directed that three hundred dollars of the amount thus raised should be used for the erection of a schoolhouse in subdistrict number nine. March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was appointed a committee to build a schoolhouse in said subdistrict. The house having been completed, at a special meeting of the board held June 1, 1872, it was moved that the report of the committee be received, and the schoolhouse be accepted; also that the secretary be instructed to draw an order on the treasurer tor three hundred dollars, for subdistrict number nine. Both motions were lost, from which action the said W. P. Davis appealed to the county superintendent, who on the ninth day of August, 1872, reversed the action of the board. The dis- trict township, through its president, W. H. Gandy, appeals. The history of this case very fully illustrates the loose and irregular manner in which school officers too frequently transact official business. Section 15 of the School Laws provides that the board "shall make all contracts, purchases, pay- ments, and sales necessary to carry out any vote of the district, but before erecting any schoolhouse they shall consult with the county superintendent as to the most approved plan of such building." If the contract is made by a subdirector or committee of the board, it should in all cases be approved by the board before work is commenced. A misapprehension often exists as to the manner in which school funds should be disbursed. The treasurer is the proper custodian of all funds belonging to the district township, and the law provides that he ' 'shall pay no order which does not specify the fund on which it is drawn, and the specific use to which it is applied," that is, for work done, material furnished, or the like. The board is also required to "audit and allow all just claims against the dis- trict, and no order shall be drawn on the district treasury until the claim forwhich it is drawn has been so audited and allowed." This rule applies equally where funds are voted by the district township for the purpose of building schoolhouses in particular subdistricts, also where taxes have been raised on the property of sub- districts, in accordance with the proviso of section 28. Such funds, or so much of them as may be required to carry out the vote of the electors, should be devoted to the specific object for which they were voted, but the disbursement should, in all cases, be under the direction and authority of the board. Boards have no authority to give subdirectors money to use in their subdistricts for building school- houses or any other purpose, nor subdirectors to use money so received. A sub- district is not a corporate body and has no control of any public fund. If Mr. Davis has a just claim against the district township of Madison which the board refuses to allow, or if the board refuses to apply the amount voted by the electors to the specific object for which it was designed, the erection of a school- house in subdistrict number nine, the civil courts, only, can furnish a means of redress . Reversed . ALONZO ABERNETHY, October 30, 1872. Superintendent of Public Instruction. W. J. Moody V. H. H. Burrington, County Superintendent. Appeal from Bremer County . Certificate. The county superintendent may refuse to entertain a petition for the revocation of a teacher's certificate. Appeal. An appeal may be taken from the refusal of the county superintendent to investigate charges brought against a teacher. Discretionary Acts. The decision of the authority having original jurisdiction is entitled to much consideration. A petition containing charges against a teacher was presented to H. H. Bur- SCHOOL LAW DECISIONS. 3^3 rington, county superintendent, asking an investigation of the charges, and the revocation of her certificate. The county superintendent refused to make the investigation as requested by the petitioners, and W. J. Moody appeals. The question whether an appeal will lie from the refusal of the county superin- tendent to investigate charges brought against a teacher, has not been to our knowl- edge before determined. Since it is held that an appeal may be taken from an action of the board refusing to perform a discretionary action, we see no reason why appeal will not lie from a similar action of the county superintendent. In the case before us, statements testifying to the moral character and good reputation of the teacher are made by reliable and disinterested parties, who have been intimately acquainted with her for several years past; and it is believed that, in no instance, is the judgment and discretion of a local tribunal entitled to more consideration than in this case. Affirmed. July 10, 1873. ALONZO ABERNETHY, Superintendent of Public Instruction. J. W. Randall v. District Township of Vienna. Appeal from Marshall County. SCHOOLHOUSE. The board may legally remove a schoolhouse from one subdistrict to another only by vote of the electors. Schoolhouse. When the electors have voted to remove a schoolhouse from one subdistrict to another the board must execute such vote, and from its action in so doing no appeal can be taken. Injunction. The execution of a fraudulent vote of the electors may be prevented by a writ from a court of law. At the district township meeting held on the second Monday in March, 1873, it was voted to remove the schoolhouse situated in subdistrict number four into sub- district number three. On the seventeenth day of March, the board ordered the removal of the schoolhouse, in accordance with said vote of the electors. From this action appeal was taken to the county superintendent who reversed the action of the board. The district township, through its president, appeals. Section seven. School Laws of 1872, provides that the electors shall have the power "to direct the sale, or other disposition to be made of any schoolhouse;" also "to vote such tax, not exceeding ten mills on the dollar in any one year, on the taxable property of the district township, as the meeting shall deem sufficient for the purchase of grounds and the construction of the necessary schoolhouses for the 'jse of the respective subdistricts." Section fifteen provides that the board "shall make all contracts, purchases, payments and sales necessary to carry out any vote of the district." Section sixteen provides that the board "shall fix the site for each schoc Ihouse . ' ' From the law as above quoted we understand that the electors may vote a tax for the erection of a schoolhouse in any particular subdistrict, or may direct the removal of one already built, from a subdistrict, and that the board determines the site within a subdistrict, but has no authority to remove a schoolhouse from a subdistrict without affirmative action of the electors, such action, however, being taken, the board must execute their vote, if in accordance with law. From the action of the board in thus executing the vote of the electors no appeal can be taken. If the vote of the electors is contrary to law, its execution may be pre- vented by injunction; if unwise, the electors, themselves, must bear the conse- quences. Reversed , ALONZO ABERNETHY, July 11, 1873. Superintendent of Public Instruction , 14 SCHOOL LAW DECISIONS. D. K. Taylor v. Independent District of Eldon. Appeal from Wapello County Appeal. Appeal may not be taken from an action or order complying with the terms of a contract previously made, nor from an action authorizing the issuance of an order in payment of a debt contracted by previous action of the board. Appeal. A case whose main purpose is to determine the validity of an order on the district treasury, or the equity of a claim, cannot be entertained on appeal to the county superintendent. School Funds. The courts of law alone can furnish an adequate remedy, if the law has been violated and the money of the district has been misappropriated. From the transcript it appears that on the third day of December, 1873, the board passed an order authorizing the payment of five per cent commission for negotiating the district bonds, and on the same day another authorizing D. P. Stubbs to negotiate said bonds. On the third day of February, 1874, the board passed an order instructing the president and secretary to draw an order for ninety dollars on the district treasury in favor of said D. P. Stubbs, for services rendered in negotiating said bonds, in accordance with the previous action of the board on December 3, 1873. From the action of the board in issuing said order of ninety dollars this appeal was taken. The county superintendent dismissed the case, on the ground that it was an action authorizing the payment of money, and a decision thereon would be equivalent to rendering a iudgmcnt for money, which is pro- hibited by the provisions of section 1836. D. K. Taylor again appeals. Appeal may be taken from any action of the board which authorizes the making of a contract, but not from a subsequent action or order complying with the terms of a contract previously made, nor from an action authorizing the issuance of an order in payment of a debt contracted by a previous action. The order appealed from in this case is not a new action of the board, but a cecessary result of the order of December 3, 1873. If the first action was legal and proper, the last is both proper and necessary, the services having been per- formed. Any interested party might have appealed, at the proper time, from the action of December 3, 1873, authorizing the payment of five per cent com- mission for negotiating bonds or authorizing the appointment of an agent therefor. But the time for an appeal, thirty days, having expired, appeal cannot now be taken from the subsequent action, which is simply carrying out its previous action, and the terms of the contract made thereunder. To determine the validity of an order on the district treasury, or the equity of a claim, is equivalent to the rendition of a judgment for money, and a case whose sole purpose is to determine this question cannot be entertained on appeal. The courts of law alone can furnish an adequate remedy, if the law has been vio- lated, or the interests of the district have suffered by the making of contracts or the issuing of orders for money on the treasury. Affirmed. ALONZO ABERNETHY, May 5, 1874. Superintendent of Public Instruction, ■■h bfiJod \o l&vom ' . , , ' ■' "'''^''^-fe/^v^Atscw V. District Township of fiiiRA.V"^*^^ Appeal from Audubon Count^T^^ *'-^^ bi&o(i sdJ ,a9>V Punishment. The punishment of a pupil with undue severity, or with an improper instrument, is unwarrantable, and may serve in some degree, to indi- cate the animus of the teacher. Punishment. In applying correction, the teacher must exercise sound discre- tion and judgment and should choose a kind of i)unishment adapted not only to the offense, but to the offender. SCHOOL LAW DECISIONS. 15 Charges were preferred against E. Watson for harsh and unreasonable punish- ment of a pupil, and upon investigation the teacher was discharged. From this action of the board he appealed to the county superintendent, who reversed its action, and the district appeals. From the evidence it appears that the pupil upon whom the punishment was inflicted was a boy thirteen years of age, and that the offense was such that pun- ishment was deserved. The instrument selected was a hickory stick, three-fourths of an inch in diameter atone end, and one-half inch at the other, and fifteen or eighteen inches long. The punishment was inflicted by striking upon the palm of the hand from eight to twelve strokes. It appears that the boy's hand was thereby disabled for some days. It is alleged by the teacher that the punishment was inflicted for the good of the school, and that it was without malice on his part. We consider the selection of such an instrument for the punishment of a pupil injudicious, unwarrantable, and dangerous, and that the consequences might be fraught with the gravest results, and that such selection may serve in some degree, to indicate the animus of the teacher. dl " iax Reversed. '[, iJjS ,^, ALONZO ABERNETHY, June 6, 1874. SupertnUndent of Public Instruction, Sanford Harwood v. Independent District of Charles City. Appeal from Floyd Counfyf^,^^ vlauoivtrrq aaori Punishment. The right of the parent to restrain and coerce obedience in children applies equally to the teacher, or to any one who acts in loco parentis. Rules and Regulations Boards of directors and their agents, the teachers, may establish reasonable rules for the government of their schools. Rules and Regulations. The teacher has the right to require a pupil to answer questions which tend to elicit facts concerning his conduct in school. Rules and Regulations. The pupil is answerable for acts which tend to produce merriment in the school or to degrade the teacher. Rules AND Regulations. Open violation of the rules cannot be shielded from investigation under the plea that it invades the rights of conscience. Board of Directors. The board shall be sustained in all legitimate and reason- able measures to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubordination in the school. This case involves the right of a teacher to require a pupil to answer questions concerning his conduct in school, or to testify against himself. Burritt Harwood, a member of the high school department, having broken cer- t'ain rules of the school, was suspended by the superintendent for refusing to answer a question relating thereto. The pupil's father petitioned the board to restore the pupil. The board, having investigated the facts, adopted the following: "Re- solved, That the school board sustain Prof. Shepard in his suspension of Burritt Harwood, provided Burritt Harwood be reinstated if he answer the question, for the refusal to answer which he was suspended, subject to such further action as may be taken by the principal or school board for making and circulating the caricature." The president and four other members voted for, and one against the resolution From this action of the board S. Harwood appealed to the county superintendent, who reversed its action. The board appeals. The power of the parent to restrain and coerce obedience in children cannot be doubted, and it has seldom or never been denied. This principle applies equally to the teacher or to any one who acts in loco parentis. Boards o£ directors and their agents, the teachers, may establish all reasonable and proper rules for the govern- ment of schools, and to control the conduct of pupils attending the samo. "Any IQ SCHOOL LAW DECISIONS. rule of the school not subversive of the rights of the children or parents or m conflict with humanity and the precepts of divine law, which tends to advance the object ot the law in establishing public schools, must be considered reasonable and proper." Burdick v Babcock, 81 Iowa, 562. The superintendent had occasion to leave the high school in charge of his assistant while he should attend to official duties elsewhere. On his return, about 4 p M., the assistant reported that there had been much disorder on the part of some of the pupils, and that she had required several of the pupils to remain and report their misdemeanors to the superintendent. Burritt Harwood being called upon, said in substance : "I have two misdemeanors to report ; I threw snow into the lower hall during recess, and I passed a piece of paper across the aisle to my brother's desk." Both are recognized as violations of the rules of the school. The nature and magnitude of the first are readily discernible, and need no further investigation ; not so of the second ; much depends upon the character of the ' 'piece of paper, ' ' whether simply blank paper or containing writing or other marks. Being asked to state the nature of the paper, he at first answered evasively. Being further questioned, he replied that it was "pictorial," that it was a "burlesque or caricature," that "it represented the schoolhouse and some person or persons," that "the person ot persons represented were connected with the school." The question, "whom he had intended to burlesque," after some hesitation he declined to answer. For this act of disobedience he was suspended. The question which he refused to answer appears to diflEer in no essential feature from those previously answered . By it the teacher simply sought to discover an additional fact in connection with the case. If he had a right to ask the former be had the latter. If there is any reason why the pupil had the right or should claim the privilege of declining to answer the last, he should have stated it. Certainly no good reason appears from the nature of the offense, and the degree of punish- ment which it merited depended upon the information which the teacher sought to obtain by this and the previous question. If the paper contained simply the solu- tion of a problem or something connected with his lesson, it merited one degree of punishment; if its purpose was to create merriment among the pupils, thus divert- ing their attention from their studies, it required another degree; if by it the pupil sought to bring ridicule upon a teacher, to the prejudice of good order and gov- ernment of the school, still another; each would be a violation of the rules, but not each equally punishable. The claim of appellee that it was an attempt to pry into the secrets of the heart, and was a violation of the right of conscience, is scarcely sustained by the facts. The question "whom did you intend to repre- sent," is essentially equivalent to "whom did you represent." Its purpose evidently was not to find out the thought or intent, but the act of the pupil. The question was simply what was the character of the picture drawn and circulated to the disturbance of the school. It does not appear 'how the rights of conscience would be violated in answering the question. It may be true that the picture itself, if produced, would furnish the best evidence, but the teacher clearly had the right, in its absence, and knowing nothing of its nature beyond what the pupil had already revealed, to seek this information directly and immediately by proper questions. Nor can the pupil shield himself under the provision of the law that a prisoner at the bar cannot be compelled to answer questions which will tend to render him criminally liable or expose him to public ignominy. He is, in no proper sense, accused of crime before a court of law, authorized to sit in judgment under a criminal code. The picture, which was afterward produced, reveals anything but a right spirit in the pupil. Probably no one who has seen it doubts that it is a coarse caricature of the superintendent and his assistant. His refusal to answer was evidently not that he could not conscientiously do so, nor that it would tend to criminate him- SCHOOL LAW DECISIONS. 17 self, but was a de'iberate act of insubordination All the attendant circumstances, the evasive and studied replies to the superintendent's questions, the caricature itself, and its circulation through the school during the absence of the superin- tendent, together with a previous malicious caricature of the same nature, all reveal a disregard for the regulations of the school, the respectful conduct due from a pupil, and an animus toward the teacher anything but proper. In our opinion unnecessary stress was laid, in the trial before the superintend- ent, upon the technical ground of suspension by the superintendent. The board having had the whole subject under investigation, including statements of the offenses from both the superintendent and the pupil, sustained the superintendent, or in other words, suspended the pupil conditionally from the school, as it prob- ably had a right to do for any one of the offenses named. This being a discretion- ary act, due weight must be given to such action by an appellate tribunal, especially should the board be sustained in all legitimate and reasonable measures to maintain order and discipline, to uphold the rightful authority of the teacher and to prevent or suppress insubordination in the school. Reversed. ALONZO ABERNETHY, June 8, 1874. Superintendent of Public Instruction. J. W. Hubbard v. District Township of Lime Creek. Appeal from Cerro Gordo County. Appeal. The execution by the board of the vote of the electors upon matters within their control, is mandatory; from such action of the board no appeal can be taken. If such action is tainted with fraud, an application to a court of law -s tke proper remedy. Board of Directors. The board, though not bound by a vote of the electors directing the precise location of a schoolhouse site, is required to so locate it as to accommodate the people for whom it is designed. Board of Directors. If in the selection of a site the board violates law or abuses its discretionary power, its action may be reversed on appeal. Certiorari. A fraudulent or illegal action may be corrected by application to a court for a writ of certiorari. The electors of the district township voted a tax to build a schoolhotise on what is known as the Simons road, near where it crosses the Central railroad. On a separate motion , the board was instructed to sell the schoolhouse known as number three. In accordance with the first mentioned action, the board located a schoolhouse site on said road, fifty feet from said crossing. From this action appeal was taken, the appellant claiming it to be a relocation of the site known as number three, and that such action was with the express intention of selling the schoolhouse and abandoning the site thereof. The county 'superintendent reversed the action of the board and the district township appeals. The district township coincides with a congressional township in boundaries and extent, and is comprised in one subdistrict. It is claimed that the action of the district township meeting did not represent the wishes of the people; that there are ninety-five voters in the district, and but twenty-seven were present at such meeting; also that in the location of the site the board did not consult the con- verience of the people. Section 1717 provides that the electors, when legally assembled at the district township meeting, shall have power ' 'to direct the sale or other disposition to be made of any schoolhouse, or site thereof, and of such other property, personal and real, as may belong to the district. " Section 1723 provides that the board ' 'sha:l make all contracts, purchases, payments, and sales necessary to carry out any vote ©f the district." Section 1724 provides that the board ' 'shall fix the site for 18 SCHOOL LAW DECrSIONS. each schoolhouse, taking: into consideration the geographical position and con- venience of the people of each portion of the subdistrict." The execution of the vote of the electors by the board is mandatory; from its action in so doing no appeal can be taken. In case such action is in any manner tainted with fraud, an application to a court of law is the proper remedy. The power to locate schoolhouse sites is vested originally in the board. Although the board has authority to locate schoolhouse sites, yet money legally voted by the electors for a specific purpose, must be expended in accordance with such vote; if voted to erect a schoolhouse in a certain subdistrict, it cannot legally be used to build a schoolhouse in another. While any directions of the voters attempting to locate precisely a schoolhouse site, are void, yet the board is bound so to locate it as to accommodate the people for whom designed; in the absence of such instructions the board may exercise more widely its discretioa in fixing schoolhouse sites. If in the performance of this duty it violates law, acts with manifest injustice, or in any manner shows an abuse of discretionary power, its action may properly be reversed by the county superintendent. In this case we do not discover that the board has in any manner failed in the proper performance of its duty. Reversed. ALONZO ABERNETHY, July 7, 1875. Superintendent of Public Instruction. E. GosTiNG V. District Township of Lincoln. Appeal from Plymouth Comity. Schoolhouse Site. The action of a committee appointed by the board to locate a site is of no force until officially adopted by the board while in session. Schoolhouse Site. Subdistrict boundaries cannot be changed in an appeal relating solely to locating a site, nor can a site be located with the expectation that boundaries will be changed, unless such intention of the board is shown. Jurisdiction. The county superintendent has jurisdiction only of the matter to which the appeal relates. Appeal. The right of appeal is confined to persons injuriously affected by the decision or order complained of. Ordinarily a person living in one subdistrict can- not appeal from an action of the board locating a site in another. A committee appointed to locate a schoolhouse site for the accommodation of the residents of subdistricts number seven and nine, reported that it had selected the northwest corner of section ten , and afterward that it had chosen instead , a site about eighty rods east of the northwest corner of section eleven. There is no record showing that any action was taken in relation to these reports. Subdistrict number nine consists of the east one-half of congressional towaship number 90, range 45. The appellant resides in subdistrict number seven, which comprises the west one-half of the same congressional township. The decision of the county superintendent is as follows: ' 'After considering the evidence and the plat introduced, I sustain the committee in its first location at the northwest corner of section ten of said township." D. M. Relyea appeals. The power to locate schoolhouse sites is vested in the board of directors. The action of a committee appointed by the board to locate a schoolhouse site is of no force until its report is officially adopted by the board while in session. Section 1725 provides that the board "shall determine where pupils may attend school; and for this purpose may divide their district into such subdistricts as may by them be deemed necessary." The obiect of dividing a district township into subdistricts is to determine where pupils shall attend school. While it is frequently the case that pupils may more conveniently attend school in an adjoining subdis- trict, it would obviously be improper to locate a schoolhouse site expressly for th» SCHOOL LAW DECISIONS. |9 accommodation of such pupils, unless with the intention of subsequently making a redivision of the district township. The county superintendent has jurisdiction only of the matter to which the appeal relates. He cannot properly upon an appeal relating to the location of a schoolhouse site change subdistrict boundaries, nor can he locate a schoolhouse site with the expectation that such boundaries will ultimately be changed, unless such is shown to be the intention of the board. The right to appeal from actions of the board is confined to persons injuriously affected by the decision or order of which complaint is made. Ordinarily, a person living in one subdistrict cannot properly appeal from an action of the board locat- ing a schoolhouse site in another. .. The decision of the county superintendent is set aside, and the location of the schoolhouse site is left to the discretion of the board. Reversed. ALONZO ABERNETHY, September 7, 1875. Superintendent ot Public Instruction. J. E. Brown v. District Township of Van ^^jW^^jduob yna lo Appeal from Dallas County . ..ri^^^^ih »tr f)«^»Mr^; Appeal. The adoption of the committee's report in favor of retaining the old schoolhouse site, is an action from which appeal may be taken. Board of Directors. The action of the board cannot be reversed upon the alle- gations of appellant without proof, or by reason of failure to make defense. Board op Directors. The acts of the board are presumed to be regular, legal and just, and should be affirmed unless proof is brought to show the contrary. Subdistrict Boundaries. The acts of a board changing subdistrict boundaries and locating schoolhouses are so far discretionary that they should be affirmed on appeal, unless it is shown beyond a doubt that there has been an abuse of discre- tion. County Superintendent. The weight that properly attaches to the discretion- ary actions of a tribunal vested with original jurisdiction, does not apply to the decisions of an inferior appellate tribunal. The county superintendent reversed the action of the board in selecting the old site in subdistrict number two, upon which to erect a schoolhouse, and located the site about eighty rods westward of the old one. From this decision the district township appeals, claiming in substance that the county superintendent erred as follows: That there was no action of the board relative to the selection of a school- house site in subdistrict number two from which an appeal would lie; that the board failed, by reason of a misunderstanding, to appear and defend, and that it was unjustly refused a rehearing; that the old site was suitable, convenient and at the center of population, both present and prospective, and that the reversal of the action of the board was without sufficient cause, there being no evidence that it abused its discretionary power or acted with injustice. From the transcript it appears that a committee was appointed to select a site for the erection of a schoolhouse in subdistrict number two; that it reported in favor of the old site, and that its report was adopted by the board. The law pro- vides that an appeal may be taken by any party agrieved, from any order or deci- sion of the board. That there was an action of the board, and that the subject-matter to which such action relates is the location of a schoolhouse site in subdistrict number two, there can be no reasonable doubt, hence the action of the board was subject to appeal, and such appeal gave to the county superintendent jurisdiction in the matter of location of said schoolhouse site. It is the duty of the county superintendent to give due notice to all parties directly interested in an appeal from the board, and to aflford full opportunity for 20 SCHOOL LAW DECISIONS. the pressQtation of evidence, but the action of the board cannot properly bs reversed upon the allegations of the appellant without proof, or by reason of the failure of the board to be present and make defense. The acts of the board are presumed to be regular, legal and just, and should be affirmed by the county super- intendent, unless proof is brought to show the contrary. In this case, however, the board appears to have had due notice and ample opportunity to defend the case. It is not claimed that any additional evidence could be produced that would materially affect the issue; but that the board, understanding through popular report that the case was withdrawn, failed to be present at the trial, and upon this ground asks for a rehearing, which was very properly refused. The site selected by the county superintendent is nearly central, being eighty rods west of that chosen by the board. Both appear to be suitable. The eastern part of the subdistrict is mostly prairie land, while the western portion is, to a considerable extent, timber land. The evidence as to which site will better serve the interests and" convenience of the residents of the subdistrict is conflicting. The board is entitled to the benefit of any doubt upon this point. Unless it is clearly proven that it has violated law, abused its discretionary power, or has acted with manifest injustice, its action should be affirmed. It is urged by the appellee that thesame weight attaches to actions of an inferior appellate tribunal, upon appeal, that is given to tribunals having original juris- diction. It is held that the action of the board in matters of which it has original jurisdiction, is alone entitled to this consideration by any superior tribunal upon appeal. Reversed. ALONZO ABERNETHY, September 17, 1875. Superintefident of Public Instruction. Mary M. Thompson v. District Township of Jasper. Appeal front Adams County. Teacher. When a teacher is dismissed in violation of his contract, an action in the courts of law will afford him a speedy and adequate remedy; when discharged for incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal. Teacher. The teacher is entitled to the counsel and co-operation of the subdi- rector and board in all matters pertaining to " the conduct and welfare of the school. The board discharged the teacher in one of the public schools of the district for dereliction of duty. She appealed to the county superintendent, who reversed its decision; from this action, the board, through its president, appeals. At the hearing before the county superintendant the board filed a motion tod-Is- miss the case for want of jurisdiction, insisting that the teacher having been dismissed in accordance with the provisions of section 1734, her proper remedy was an action at law for damages. When a teacher is dismissed in violation of his contract, an action in the courts of law, on the contract, will afford him a speedy and adequate remedy. When discharged for incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal to the county superin- tendent, who is the proper officer to review questions of this character, and to determine whether the board has in the exercise of its authority violated the law or abused its discretionary power. Questions concerning the validity of contracts, the right to recover for services performed , and the interpretation of law, belcog especially to judicial tribunals. Questions concerning the character and qualifi- cations of the teacher, and his management of the school, are by appeal within the t^ FCHOOL LAW DECISIONS. 21 jurisdiction of the county superintendent.. The motion to dismiss was properly overruled . The charges of dereliction were want of promptness in commencing school in the morning, and an occasional refusal to hear the recitation of one or more of her pupils. For this dereliction there appears to have been some extenuating circum- stances. Under the contract it was the subdirector's duty to have fires built. The boy employed to do this work often failed to have the schoolhouse in comfortable condition at nine o'clock. The teacher usually made up lost time by teaching after four o'clock, and there is no evidence that the subdirector or board ever advised her with regard to the performance of her duties. The board convened at the school- house without previous notice to the teacher, and after taking the testimony of pupils, unanimousl}'- voted to discharge her. Affirmed. ALONZO ABERNETHY, May 8, 1876. Superintendent of Public Instruction. S. W. Woods et al, v. District Township of Brighton. Appeal from Cass County. Board of Directors. The acts of the board must be presumed to be regular, and should be affirmed unless positive proof is brought to show the contrary. Schoolhouse Site. The prospective wants of a subdistrict may properly have weight in determining the selection of a site, when such selection becomes neces- sary, but not in securing the removal of a schoolhouse now conveniently located. Schoolhouse Site. To make a distinction between the children of freeholders and those of tenants in determining the proper location for a schoolhouse, is contrary to the spirit and intent of our laws. The board by a vote of five to two rejected a petition asking the removal of the schoolhouse in subdistrict number eight. On appeal the county superintendent reversed the action of the board, and ordered the removal of the schoolhouse to the place named in the petition. Wm. F. Altig appeals. Subdistrict numbereight contains sections 27, 28, 33, 34, and sixty acres lying in section 32, and has a good commodious schoolhouse, erected three years ago, one- half mile west of the center, on a public road passing east and west through the center of the subdistrict There are about thirty children of school age in the subdistrict, twenty-two of whom reside in the western half, and nineteen west of the present site. All those residing east of the present site, except one child, are within one and a half miles of the schoolhouse, while by the proposed removal, a large number would be at a greater distance. The action of the board in refusing to remove a schoolhouse should not be interfered with on appeal, except upon evidence of violation of law, or abuse of discretionary power. In this case there is no evidence of such abuse. The pros- pective wants of a subdistrict may properly have weight in determining the selec ! tion of a site upon which to build a schoolhouse, when such a selection becomes necessary, but not in determining the removal of a house, located conveniently for the present wants of the subdistrict. It appears that a considerable portion of the school population consists of the children of tenants, and much stress is laid upon the assumed distinction that should be made between the children of tenants and those of freeholders, in determining the proper location of the schoolhouse. Distinctions based upon the ownership of property or permanence of residence are not made in the law, would not well comport with the fundamental principles upon which our public school system is based, and should not have weight in determining the location of schoolhouse sites. It is the duty of the board to provide equal school facilities for the youth of the district as far as practicable, regardless of considerations relating 22 SCHOOL LAW DECISIONS. to permanence of residence. The schoolhouse may properly be removed whenever the conditions of the subdistrict require it, but unnecessary expense should not be incurred in such removal in anticipation of possible, or even probable, changes of this character. Reversed. ALONZO ABERNETHY, July 31 , 1876 . Superintendefit of Public Instruction . J. N. Arthur ^^ «/. v. Independent District of Fairway. Appeal from Adams County. Schoolhouse Sites. The necessities of the present must be observed in locating schoolhouse sites, in preference to the probabilities of the future. Testimony. New testimony can be introduced only when the facts materially afifecting the case could not have been known before the trial. Remanding of Cases. When the evidence discloses that the action of the board was unwarranted, and the facts are not sufficiently shown to determine what should be done, the case should be remanded to the board. In this case the board made an order relocating the schoolhouse site; from this order J.N. Arthur and others, residents of the district, appealed to the county superintendent, and upon his affirming the action of the board, to the superin- tendent of public instruction. The district consists of sections one, two, eleven, twelve, thirteen and four- teen, and the old schoolhouse stands near the southwest corner of the southeast quarter of section one. The proposed new site is in the northwest corner of the southwest quarter of the northwest quarter of section twelve, on a public highway and one-quarter of a mile north of the geographical center of said district. The grounds of objection by the appellants to the removal are substantially, that the new site is on low bottom lands and subject to overflow, not accessible at all times of the year, and that it is not as near the center of the school population as the old site. They also suggest that a location at the cross roads one-half mile east of the new site is better ground and more convenient to the people. In fixing the schoolhouse site the geographical position and the convenience of the people of each portion of the district should be considered. From the large amount of testimony it is evident that the new site chosen is in a low place, and an affidavit sent to this office, and signed by a number of resi- dents, proves beyond question that the site has been overflowed for several days of the last month. By a close comparison it is found that the number of residents who will have their distance to school increased by choosing the new site, is greater than of those who will have their distance diminished. By locating the schoolhouse at the cross roads, one-half mile east of the proposed new site, which location is claimed to be higher, and therefore less liable to overflow, three- fourths of the residents will have their distance diminished by forty to one hun- dred and sixty rods. Although it may be true, as is affirmed in the testimony, that the western part of the district is as capable of settlement as the eastern part, the necessities of the present must be observed in locating schoolhouse sites, in preference to the probabilities of the future. While it is the rule of this department to sustain discretionary acts of the board, it seems that in this case the true interest of all concerned, and justice to a large portion of the people, demands that the school- house should not be moved to the new site chosen. To what extent the high waters of last month did affect the other locations under consideratiDn, is not known to this department; it is therefore best to let \:he matter come up anew before the county superintendent for a rehearing. The decision of the county superintendent is therefore reversed, and the case SCHOOL LAW DECISIONS. 23 remanded for a rehearinj^, with the direction from this department that the pro- posed new site is an unsuitable one for school purposes. Reversed. C. W. VON COELLN, October 31, 1876. Superintendent of Public Instruction. J. J. Wilson, etal. v. District Tow.vship of Monroe. Appeal from Mahaska County, County Super-INIEs^dent. The county superintendent is not limited to a reversal or affirmance of the action of the board, bat he determines the sme questions which it had determined. SCHOOLHOUSE SiTE. The location of a schoolhouse can be dependent upon a chaneje of boundaries only when it is shown in evidence that it is the definite and positive intention to make such a change. Highway. If possible, evijry schoolhouse site should be upon a public highway. County SuPERiNTSNDEisrr. May make a conditional ruling, by which his own decision will be governed. On the fourteenth day of April, 1877, the board located the site for a schoolhouse. From its action, J.J. Wilson and others appealed to the county superintendent, alleging that the board had erred in making the location, in that, by reason of distance owing to the location of the roads, the location as made effectually deprived many of the subdistrict of the privilege of attendance at school. On trial, the county superintendent reversed the action of the board, and located a new site. From his decision the board appeals, claiming that the county super- intendent erred in selecting a site entirely different from those with reference to which testimony was taken; that it is on the extreme east line of said subdistrict, and hence cannot be called at all central; that the board took into account in making the location, the possibility of a change in the northern boundary of the subdistrict, which would make the situation chosen a suitable one for the remain- ing subdistrict; that a portion of his decision was conditional and void; and that the board did not abuse its discretion by making the location as it did. The assumption that the county superintendent did not have the right to locate a schoolhouse site differing in location from the one made by the board, or the one petitioned for by the appellants, is a mistake. Ste John Clark v. District Township of Wayne, School Law Decisions of 1876, page 47; also the opinion of the attorney-general in lowx School Journal for April, 1835, in which the follow- ing ruling was made: ' * The county superintendent is not limited to a reversal or affirmance of the action of the board, but he determines the same questions which it had determined." The nature of the subdistrict is peculiar. It is long and narrow, and its western boundary, the North Skunk river, which also makes nearly all its south- ern boundary, is a disturbing element when we attempt to locate the site of a schoolhouse to accommodate all the people. While under ordinary circumstances a site near the boundary of a subdistrict would be unadvisable, in this case it seems necessary, unless additional road facilities can be secured. The site selected by the county superintendent is clearly the one best calculated to accom- modate the whole subdistrict as constituted at present. The location of a schoolhouse site can be dependent upon a change of bound- aries only when it is shown in evidence that it is the intention of the board, or boards, to make such change. In this case, it is not claimed that any change is actually intended or expected. The limit, as made provisionally by the county superintendent, of thirty days for such changes of roads as would make a mors central location feasible and desirable, was too short a time, under the provisions of law, to effect the result. For that reason we shall extend the time for the 24 SCHOOL LAW DECISIONS. establishment of a road to ninety days from the date of his decision, or to snch time as the board of directors may show to be necessary to establish the road, provided that immsdiata steps shall be taken to bring about the result, if desired. The discretion of the board was evidently abused in not providing equal school facilities for those living in the nortaern portion of the subdistrict, by the location of the schoolhouse site. In case the road contemplated is secured, the board may locate the site thereon, as near the center of the subdistrict as good and suitable ground can be found. If no steps are taken to secure such a road, or in case the road cannot be pro- cured, the location last chosen by the county superintendent is to be regarded as the site, and his decision is hereby Affirmed. C. W. vonCOELLN, August 7, 1877. Superintendent of Public Instruction. : Wm. Donald v. DisxRicr Township of South Fork. Appeal from Wayne County. Salary of Teachers. The salary of teachers should be in proportion to their ability and responsibility, and not equal when these differ materially. Salary of Te\chers. The control of salaries is wholly within the power of tho board and cannot be determined by an appeal, because it is not within the jurisdiction of county or state supermtendent to order the payment of money. Explanatory Notes. Notes to the school law, while proper aids to school officers, have not the binding force of law, and a non-compliance with them is not necessarily a violation of law. Schools. The wealthier portions of the community should aid their neighbors in sustaining good schools. On the eighteenth day of March, 1878, the board made an order fixing the sal- aries of teachers for the summer schools at the uniform price of twenty dollars per month From this action William Donald appealed to the county superintendent, who affirmed the action of the board From his decision William Donald appeals It is alleged by the appellant that the county superintendent erred in deciding that the board did not violate law in voting that the same amount of salajry should be paid to the teacher in each subdistrict. It is claimed that the board should have provided for a higher salary in some schools of the township The difficulty with appellant's counsel is that he believes the note to be a part of the law. My predecessor gave his own views of the employment of teachers and I most fully agree with him in his view. The law leaves the whole matter to the board and presumes that it will deal equitably. Unfortunately, selfishness is a nearly universal characteristic of human kind, and too often the majority, repre- senting weak subdistricts, weak both in numbers and in property, demands an equal distribution of the money on hand for teachers' pay. The law organizing the rural independent districts, passed in 1872. arose from the feeling that this selfishness was working injustice to little towns and wealthy and populous subdistricts. The creation of these independent districts works an injustice to the weaker districts, for it is proper and desirable that the wealthier districts should aid their weaker neighbors to sustain fair schools. With regard to this case, we do not see wherein the board violated law. The idea of prejudice is slightly apparent from the testimony, but not sufficiently to reverse the action of the board That equity has not been observed seems very evident, for it must be presumed that a larger school population requires a better teacher, and if a better and more experienced teacher is needed, a better salary ought to be paid. There are other considerations. Usually the expense of living is greater in SCHOOL LAW DECISIONS. 25 the town than in the country It is also the probability that a larger tax is paia by the town than by the country. We are not able at this distance to determine whether twenty dollars is a suffi- cient compensation for the teacher of subdistrict number four of South Fork But if twenty dollars is only sufficient compensation for the country subdistricts, it is our belief that a higher salary should be given the teacher in the town It is out of our jurisdiction to give advice to the board what to do in this case, after determining that we have no power to reverse its action, but we suggest that equity would be served if it should pay the five dollars per month assumed by Mr Anderson After giving our views thus in full, we must agree with the county superintendent, and his decision is therefore Affirmed. C. W VON COELLN, June 29, 1878. Superintendent of Public Instruction. Jamfs Jacoby et al. v. Independent District of Nodaway. Appeal from Adams County. SCHOOLHOUSE SiTE A schoolhouse site fixed by county or state superintendent affirming the discretionary act of the board, allows the board to exercise its dis- cretion again, especially if material changes have occurred. Discretionary Acts. Suggestions from the electors upon matters entirely within the control of the board will in no manner prevent the fullest exercise of the dis- cretion vested in the board by the law. SCKOOLHOUSE SiTE. The endeavor to show regird for the expressed wishes of the electors in the choice of a site will be an added reason in support of the action of the board. In the summer of 1877, the board located a schoolhouse site, selecting one not desired by a large majority of the electors, as expressed at an informal meeting called by the board. An appeal was taken to the county superintendent, who reversed the action ot the board, and in turn to the superintendent of public in- struction, who reversed the decision of the county superintendent, thereby sustaining the action of the board, on the ground that abuse of the discretion given by the law to the board, as charged, was not proved. Since the decision above referred to was rendered, a dwelling has been erected within twenty rods of the site chosen. Also, a material addition has been made to the district on its east side of a strip of land three miles in length and one-half mile in width. At a meeting of the board held April 22, 1878, it relocated the schoolhouse site, choosing the old site in place of the one selected by it last year. From its action James Jacoby and others appealed to the county superintendent, who affirmed the order of the board. D. Shipley and Ed Kennedy appeal. This case was before us last >ear and we affirmed the action of the board in selecting the new site, sustaining the discretionary act of the board. Hence, the principle that a site selected by the county or state superintendent cannot be changed unless there have been material changes in the district, does not apply. There have been changes by the addition of new territory and a dwelling being erected within less than forty rods of the proposed site. The choice of the old site is in conformity w'ith the wish of a majority of the electors, and does not prove any abuse of discretion, much less a violation of law. The action of the board is sustained, and the decision of the superintendent Affirmed. C. W. VON COELLN, August 26, 1878, Superintendent of Public Instruction. 26 SCHOOL LA.W DECISIONS. L. E. CoRMACK V. District Township of Lincoln. Appeal from Adams County. Jurisdiction. An appeal will not lie to enforce a contract. Janitorial Services. If a teacher serves as janitor in sweeping the room and building fires, he should be paid from the contingent fund for such services. Mr. Vandyke, asubdirector, contracted with Mrs. L. E. Cormack as teacher for the winter term of school. The terms of the contract included that the teacher was to receive twenty-five dollars per month for teaching and one dollar and twenty-five cents a month for building the fires and sweeping the school- house. The board refused to audit the full account, which would give the teacher pay for janitor's work, claiming that the said subdirector exceeded his authority in so contracting. Mrs- Cormack appealed to the county superintendent, who reversed the action of the board. W. C. Potter, president of the board, appeals. This case has evidently for its object the securing of money on contract, and as section 1836 prevents county and state superintendents from rendering a judg- ment for money, it has been the common custom to refuse to entertain any appeal in which a contract is to be decided by such appeal; for this reason the county superintendent should have dismissed the case for want of jurisdiction. It may not be out ot place here to state that unless a contract with the teacher provides that building fires and sweeping the house is included, the board cannot require such service of the teacher. The payment for such services should come form the contingent fund and should be specifically mentioned. The teachers' fund is not to be used for paying for janitorial services. Without deciding any question at issue, we are of the opinion that the sub- director did not exceed his authority given him by section 1753 when he agreed to pay a reasonable sum for janitorial services besides the twenty-five dollars paid under instruction from the board for teacher's services. But since we do not con- sider the case within our jurisdiction the decision of the county superintendent is reversed and the case Dismissed. * C. W. vonCOELLN, March 1, 1879. Superintendent of Public Instruction. W. F. Rankin v. District Township of Lodomillo. Appeal from Clayton County. Records. The record of the secretary shall be considered as evidence, and can- not be invalidated by parol evidence unless there is proof of fraud or falsehood. Territory. Where territory is to be transferred by concurrent action of two boards to the district to which it geographically belongs, a majority of the mem- bers elect is not necessary, as required for the change of subdistrict boundaries. Appeal. The action of two boards upon a subject over which they have divided control constitutes a concurrent action, and appeal may be taken only from the order of the board taking action last. This appeal relates to the transfer of territory in the civil township of Cass, which has belonged to the district township of Lodomillo since 1856, to the town- ship to which it geographically belongs. The board of the district township of Cass appointed a committee to meet a committee chosen by the Lodomillo board, to agree upon terms of transfer. The district township of Lodomillo also appointed a committee. The joint committee agreed upon a repoi't, which the board of Cass adopted September 16, 1878. On the twelfth day of October, 1878, the Lodomillo board, by a vote of four of the six *NOTB— We have since learned that the teacher recovered in a suit in the courts at law. SCHOOL LAW DECISIONS. 27 members present of a board of ten, also adopted the report and accepted the proposition agreed to by the board of Cass. From the action of the Lodomillo board W. F. Rankin appealed to the county superintendent, who dismissed the case for want of jurisdiction, and stated that the action of the board was plainly in violation of the law, since section 1738 requires a majority of the board to change the boundaries of subdistricts. From this decision W. F. Rankin appeals. The secretary's transcript of the transactions of the meeting of the board of Lodomillo, held October 12, 1878, does not show any irregularity in the trans- action, does not show the number of members present nor the number of votes cast by which the motion was carried. According to a well established principle of law the records of any public or private corporation must be considered regular, and cannot be set aside by parol 'evidence, except under an allegation of fraud. Based upon the evidence of the transcript the whole transaction was carried on in conformity with law, and we can see no reason to interfere with the action of the board. If we admitted the testimony of M E. Axtel, showing that only six members of a board of ten were present, and that four of these six voted for the transfer, we would still hold that said transfer was legally made. The action of the board was not a change of boundaries of subdistricts, but a transfer under section 1798. The territory trans- ferred, being part of districts organized before the law of 1858 took effect, could be transferred by concurrent action of the boards to the district to which it geo- graphically belongs, and the limitation of section 1738, requiring a majority of the board to chinge subdistrict boundaries, is not applicable to this case. The appeal is brought from the action of the board which concurred, and is therefore taken in a proper manner. For the reasons set forth the action of the board is sustained and the decision of the superintendent is Reversed. C. W. VON COELLN, May 28, 1879. Superintendent of Pitblic Instruction . L. B, CoLBURN et at. v. District Township of Silver Lake. Appeal from Palo Alto County. Evidence. To establish malice or prejudice on the part of the board, positive testimony must be introduced, and the evidence must be conclusive. County Superintendent. A county superintendent should not ask the state superintendent to decide a case on appeal for him, but may ask for an inter- pretation of law, either by the state superintendent, or through him, by the attorney-general. On the twenty- fifth day of August, 1879, the board fixed the location of a school- house on the old site. From this order L. B. Colburn and others appealed to the county superintendent, who affirmed the action of the board, and from this decision the same parties appeal. Among the errors enumerated , the appellants urge that the county superin- tendent erred in holding that the board was not actuated by passion or prejudice. We fail to find any evidence establishing the existence of such malice or prejudice on the part of the board. Appellants also claim that the county superintendent erred in basing his decision on the verbal opinion of the state superintendent, given prior to the hearing of the case. This affords an opportunity of censuring a practice quite common among county superintendents to ask the superintendent of public instruction for his opinion in an appeal which is pending. We have made it a universal practice to refuse answers upon the questions involved in the particular case, and have given only general principles which should govern county superintendents in determining 28 SCHOOL LAW DECISIONS. cases of appeal. These general principles are so well established that an intelli- gent county superintendent ought to be familiar with them. We advised the county superintendent in this case not to measure the respective distances of the different locations from the geographical center, before the trial of the appeal. It is proper for a county superintendent to ascertain the interpretation of points of law, by securing an opinion from this department, or from the attorney-general through this department. Without fully determining the merits of the respective locations, we must hold that the board did not abuse its discretion sufficiently to warrant interference. The appellants failing to prove malice or prejudice on the part of the board, its order should stand, and the decision of the county superintendent affirming its action is Affirmed. C W. VON COELLN, March 30, ISSO. Superintendent of Public Instruction. Wm. Bartlett v. District Township of Spencer. Appeal from Clay County. Appeal. May be taken by any resident aggrieved by an action of the board. Boundaries. Must conform to congressional divisions of land. ScHOOLHOUSE SiTE. Proper location of, depends upon form of subdistrict. Territory. All territory must be included within some school district. On the twenty- second day of October, 1881, the board adopted the report of a committee locating a site for a schoolhouse in subdistrict number nine on the southeast corner of the southeast quarter of section twenty-one. From its orc'er, William Bartlett appealed to the county superintendent, who reversed the action of the board and located the site on the northwest corner of the northeast quarter of the southeast quarter of section twenty-one. C. F. Archer appeals. The counsel for the appellants files a motion to dismiss the appeal on the ground that persons not parties to the hearing below are debarred from appeal- ing to the superintendent of public instruction. It has been repeatedly held that any person aggrieved may prosecute an appeal from the decision of the county superintendent, unless the right of appeal has been waived by previous agreement. The subdistrict in which the location was made was formed by action of the board at the regular meeting in last Septeaaber. The boundaries fixed by the board at that time, as shown by the plats in evidence, are the Little Sioux river and Prairie creek on the north, east and south, and the half section line running north and south through sections eighteen, nineteen, thirty and thirty-one, as the western boundary. It is shown by the plat that the half mile strip on the western side of the sub- district is supposed not to belong to subdistrict number nine, and it is stated by .the county superintendent that this territory is supposed to be temporarily attached to the adjoining township for school purposes. We are compelled to notice this irregularity of boundaries, since the proper location of any schoolhouse obviously depends largely upon the form and extent of the territory for which the house is designed. Section 1796, providing for the creation of subdistricts, and for subse- quent alterations in their boundaries, contains the following: "Provided that the boundaries of subdistricts shall conform to the lines of congressional divisions of land." When government lines follow large streams or other bodies of water, a division is sometimes formed containing less than forty acres; but unless such excep- tion applies, the smallest congressional division is the one-sixteenth of a section, or forty acres in a square form. In fixing the boundaries of subdistricts no smaller SCHOOL LAW DECISIONS. 29 subdivision can be made, and a forty-acre tract must be included in the subdistrict or excluded as a whole. The only provision of law by which the half mile strip could be attached to the adjoining district township is found in section 1797. The transfer can be made only when natural obstacles intervene. It is apparent from the plats in evi- dence that no large unbridged stream, or any other natural obstacle exists. Hence we must conclude that it is the duty of the board of directors of the district town- ship of Spencer to provide that the strip in" question shall be a part of some sub- district. It seems probable that a portion of the territory referred to will naturally fall to subdistrict number nine. The county superintendent appears to have pre- sumed that the subdistrict would ultimately include all the territory to the township line. That the territor) does belong to the district township of Spencer, unless it has been attached to the adjoining township, in accordance with section 1797, there can be no question. Such being the facts in this case, and the ev dence disclosing that the board did not exercise that care in selecting a site which is desirable when so many interests are involved, we are disposed to remand the case to the board, with the suggestion that it adjust the boundaries of the subdistrict, and determine upon some other site than the one chosen by it, with the intention to furnish the best accommodation to all parties. Reversed and remanded. J. W. AKERS, February 15, 1882. Superintendent of Public Instruction. J. D. Handersheldt v. District Township of D.= s Moines. Appeal from Jefferson County . Discretionary Acts Abuse of discretion is not established by testimony show- ing that a different action would have been preferred by the electors. District Organization. The county superintendent has no jurisdiction to deter- mine the validity of district organization. Testimony. To be legal must be given under oath. Boundaries. Of subdistricts, changed between September and March. Majority Vote. Of whole board required to change subdistrict boundaries. A petition was presented to the board asking that certain territory in Des Moines township be set aside to form, in connection with territory to be obtained from the independent district of Liberty, number eight, a new subdistrict to be known as subdistrict number nine, Des Moines township. The board acted on this petition and made the following order: "In the matter of the petition of J. D. Hander- sheldt and Silas Pearson, asking for the formation of a new subdistrict to be known as number nine, in the district township of Des Moines, all the territory within the boundary lines therein described, is hereby granted, provided sufficient terri- tory be granted by the independent school district of Liberty, number eight, to make a suitable and convenient subdistrict as to the amount of territory and the number of children of school age; and, provided, that in case the territory is not granted by said independent district of Liberty number eight, then said territory hereby granted shall remain and be a part of subdistrict number five, of the district township of Des Moines." On the twenty-eighth day of April, 1882, the board of the district township of Des Moines, at a special meeting, adopted the following resolution: * 'It is hereby ordered that all action heretofore taken by the board of the district township of Des Moines, in the formation and organization of subdistrict number nine, in the aboved named township, is hereby rescinded." From this action of the board, J. D. Handersheldt appealed to the county superintendent, who upon hearing the case on appeal rendered the following decision: ''A resolution passed rescinding 30 SCHOOL LAW DECISIONS. an action which has not as yet taken effect, is legal, but so far as it concerns formation and organization which is already completed, it is illegal." From this -action or decision of the county superintendent, J. D. Handersheldt appeals. It appears from the transcript of the county superintendent that the witnesses were not sworn. A failure to take testimony under oath is fatal to the case, even though from its nature it came properly before the superintendent on appeal. A brief examination will be sufficient, we think, to show that this action should have been dismissed by the county superintendent for want of jurisdiction, since no appeal wil lie when the validity of the district organization is involved. This appeal was taken from the action of the board to the superintendent, for the purpose of determining: whether or not the board erred in rescinding its former action creating subdistrict number nine. There was very little evidence bearing on this, the sole issue in the case. Witnesses simply stated that they were •or were not in favor of subdistrict number nine. Such testimony can have no bearing in an action to establish error on the part •of the board. Appellants set forth in their affidavit that the county superintend- -ent erred, in that he refused to admit testimony to show that there never had been any legal organization of subdistrict number nine. We think such evidence was properly excluded, and yet it is necessary, to enable any tribunal to arrive at a •decision of the case; for if the district was organized according to law, then the board committed error in making an order which operated to discontinue it, and hence to change boundaries of subdistricts at a time of year in which , according to our holding, it cannot be done. Upon the presumption that the district was legally organized, it committed error by making a change of subdistrict bounda- ries without a majority of the whole board. It must therefore be determined whether the conditions upon which the board •of Des Moines township granted the territory, were fulfilled, or, in other words, it must be known whether or not the independent district number eight, of Lib- erty, concurred in the transfer of the territory. But neither the county superin- tendent nor this department is competent to determine the legality of a district •organization, and it is therefore impossible for us to decide whether or not the board committed error. The remedy is an application to a court of law for mandamus to compel the board to recognize the subdirector of subdistrict number nine, as a school officer and member of the board of the district township of Des Moines. Were the issues involved within our jurisdiction, we would not hesitate to consider them, but as no question of such nature is connected with the case it is Dismissed. J. W. AKERS, November 2, 1882. Superintendent of Public Instruction. Appleton Park v. Independent District of Pleasant Grove. Appeal from Des Moines County, Records. The official record is its own best evidence. Testimony intended to -contradict the record should not be admitted. Records. Records not made and certified to by the proper officers as required by law are defective and may be impeached by collateral evidence . Teacher. The law provides that a teacher shall have a fair and impartial "trial, with sufficient notice to enable him to rebut the charges of his accusers. Charges. Must be clearly sustained by the evidence. Appleton Park was duly engaged and contracted with . He began teaching on the fourth day of September, 1882 ; after some ten or eleven days had expired, during which time he had taught the school, he was waited upon by the entire board, called to the door and informed that certain rumors were being circulated, to the SCHOOL LAW DECISIONS. . 31 effect that he had been guilty of using obscene and vulgar language in the pres- ence of his pupils, and during regular school hours. The board called at the schoolhouse again about the hour for closing the school in the afternoon, and the school having been dismissed, it proceeded to examine three of the boys as to the truth of the charges above referred to. The result of this action was that the teacher left the school and the board employed another teacher. Mr. Park appealed to the county superintendent, who reversed the action of the board whereupon D. L. Portlock, president of the board, appeals. The principal difficulty presented in this case seems to be to determine just what that action or order of the board was from which the appeal was taken. The transcript filed by the secretary of the board, is as follows: "Complaint being made by some of the scholars to the school board, in regard to the teacher, Appleton Park, using indecent, rough and insulting language during school time, the board met at the schoolhouse to make an investigation. The board stated the above charges to the teacher, Appleton Park, who after reflecting upon the matter, proposed his resignation to the board. The board, after due consideration, accepted the same. The question being settled in the above way, and no other business before the board, the board then adjourned." The parol evidence of Appleton Park was admitted to offset and impeach the record. This was clearly in violation of well established law, if the record was really what it purported to be, a true and authenticated copy of the proceedings of the meeting of the board referred to. Starkie on Evidence, says: "Where written instruments are appointed, either by the immediate authority of law, or by the compact of the parties, to be the permanent repositories and testimony of truth, it is a matter both of principle and of policy, to exclude any inferior evidence from being used, either as a substitute for such instruments, or to contradict or alter them; of principle, because such instruments are in their own nature and origin entitled to a much higher degree of credit than that which appertains to parol evidence; of policy, because it would be attended with great mischief and inconvenience if those instruments upon which men's rights depend were liable to be impeached and controverted by loose collateral evidence." Starkie, part IV. p. 99.=5, Vol. IK, 3d Amer. Ed, The fact that the transcript referred to is not certified to by the secretary, and the further fact that he was not present at the board meeting in question, and wrote the minutes as dictated from memory by the president of the board, three days after the meeting, fully justified the superintendent in ruling it out and in admitting parol evidence. We come now to consider whether the trial before the board was such a pro- ceeding as is required by section 1734. The board called in the morning and informed the teaoher of the charges preferred against him, whereupon he offered to resign. It instructed him to proceed with his school and stated that it would return in the evening. During the day the board worked up its case against the teacher, while he was so employed as to prevent him from giving thought or attention to the charges, or to the preparation of any adequate defense. We must sustain the superintendent in finding that the trial and opportunity to defend was not what the law intends every teacher shall have. Every teacher is entitled to the sympathy and support of the school board, and where there is any reasonable doubt as to the truth of stories circulated by school children, the teacher should have the benefit of such doubt. We believe that had the board been in sympathy with the teacher in this instance, it would have decided that the charges were not sustained by the evidence, at least by any evidence which appears of record. That the teacher offered to resign in the evening does not appear from the evidence offered in behalf of the board, while it does appear that at least one member of the board told him "he had better quit." 32 . SCHOOL LAW DECISIONS. We are compelled to hold that the teacher was dismissed, and that in doing so for no sufificient reason the board erred and the decision of the county superin- tendent is therefore Affirmed. J. W. AKERS, February 16, 1883. Superintendent of Public Instruction , J. B. B. Baker v. iNOEPEXDExr District of Waukon. Appeal from Allamakee County . Rules and Regulations. In establishing and enforcing regulations for the government of scholars the board has a large discretion. On the seventh day of June, 1886, Maud Baker was suspended for repeated viola- tion of a rule of the board, known as rule five, which reads as follows: ''Any scholar who shall be absent five half-days in four consecutive weeks, without any excuse from parent or guardian satisfactory to the teacher that the absence was caused by said pupil's sickness, or by sickness in the family, or, in the primary grades, by severity of the weather, shall forthwith be suspended. No pupil so suspended shall be reinstated without a permit from the principal." Rule twelve provides that the principal of the school may suspend pupils tem- porarily, and that he shall immediately notify the parent or guardian of a sus- pended child of such suspension, the notice to be in writing, and furthermore, that he shall immediately inform the board of his action . Maud Baker was absent without excuse, and when called to account for her absence stated that she had gone on a fishing excursion , and expected to go the week following. Having failed to render a satisfactory excuse, she was suspended, as above stated . Notice in writing was sent to parent, as required by rule five, and the board informed of the suspension. The board approved the action of the principal. J. B. B. Baker appealed to the county superintendent, who reversed the action of the board . D. W. Reed appeals. The facts in this case are not controverted . It appears in evidence that the suspension of Maud Baker was reported to the board, and that a special meeting of the board was held for the consideration of the act of the principal. Maud Baker was present at this meeting of the board, and the president testifies that he read to her the rule under which she had been suspended, and asked her to give the board some promise of amend oient in the future, as a condition of reinstate- ment and she replied that she would not make any promise for the future, and expected to go fishing the following week. The county superintendent finds that the suspensioa was made in compliance with the rules of the board for the government and regulation of the schools, and that the act of the principal in suspending, and of the board in approving his action, was without prejudice or malice. The board was reversed on the ground that the law does not confer upon the principal, or the board, power to suspend for the cause for which Maud Baker was suspended. The case turns, therefore, upon the power of the board to establiih and enforce a rule providing for the suspension of pupils, who are absent a given number of days, or half -days, without a satisfactory excuse. The point has been fully dis- cussed and settled by our supreme court in the case of Burdick v. Babcock, 31 Iowa, 562, and need not be considered here. Murphy v. Independent District of Marengo has been cited, but does not apply, as in that case it is stated that the ofifense for which the pupil was dismissed was not in violation of any rule or regulation . ♦NOTB— Our supreme court rendered a decision regarding the measure of damages resulting from th« wrongful discharge of this teacher. The opinion is found in 65 Iowa, 209. SCHOOL LAW DECISIONS. 33 We are compelled to overrule the decision of the county superintendent, and to sustain the action of the board. Reversed. J. W. AKERS, October 23, 1886. Superintendent of Public Instruction. N. R. Johnston v. District Township of Utica. Appeal from Chickasaw County . Mandamus. To compel the performance of an official duty, appeal sometimes consumes valuable time. Mandamus is often a more speedy and better remedy. Discretionary Acts. Action by the board unduly delaying the final consider- ation of an important matter, may be regarded as an evidence of prejudice. The issues involved in this case were the formation of a new subdistrict to be known as number twelve, and the providing for a school during the winter of 1887-8, pending the election of subdirector for the new subdistrict. The case came in due order to the county superintendent on appeal, and from his decision the board appeals. At its meeting on the nineteenth of September, 1887, the board had before it a petition signed by Caleb Boylan and others, to redistrict number two, and to form a new subdistrict. After various motions it was voted to adjourn to the second Sat- urday in February, 1888, to consider said petition. Appeal was taken to the county superintendent. At the trial before that officer, October 27, 1887, and adjourned to October 31st, a motion was made to dismiss the case, on the ground that the matter was still pending before the board, as no final action had been taken by that body. The motion to dismiss was overruled, and the county superintendent proceeded to hear the case. Did the county superintendent commit an error? We think not. Without impugning in any way the motives of the board, its action in adjourn- ing to a date as late as the second Saturday of February, was calculated to delay and defeat the prayer of petitioners. The aggrieved parties had an undoubted right to appeal, but we regret that they did not avail themselves of the more speedy remedy of resorting to the courts. A writ of mandamus would undoubt- edly issue in such a case, compelling the board to perform its enjoined duty. A motion to dismiss on the ground that there was no evidence to show that the board acted with passion, prejudice, or injustice, was also very properly overruled The action of the board delaying the whole matter until the second Saturday of February, 1888, was in our opinion an act of manifest injustice, which the super- intendent very properly took into account in making his decision. The county superintendent reversed the action of the township board and ordered the new subdistrict, number twelve, to be formed, with an extra school for the winter of 1887-8, in accordance with the prayer of the petitioners. Ought his decision to be sustained? A careful review of the evidence in the case, including the plat * 'exhibit A," shows that the township of Utica is divided into eleven subdistricts, some of them very large and irregular in shape. A better division than that proposed by the formation of the new subdistrict, number twelve, can possibly be made. The county superintendent, however, provides for this, as his decision does not prevent any changing of the boundaries of subdistrict lines, if necessary to facilitate the school privileges of the township. A new subdistrict is needed to furnish reasonable school facilities for the chii- 34 SCHOOL LA.W DECISIONS. dren in that neighborhood, and so far as ordering the new subdistrict, to be known as number twelve, is concerned, the decision of the county superintendent is Affirmed. HENRY SABIN, March IS, 1888. Superintendent of Public Instruction. Jacob Deck et al. v. District Township of Eden. Appeal from Decatur County. Subdistrict Boundaries. A case involving a changa of subdistrict boundaries, having been adjudicated by the county superintendent reversing the action of the board, and being affirmed by the superintendent of public instruction, cannot again be brought upon appeal, unless it can be shown that some change materially affecting the conditions of the case has taken place since the date of the former decision. Subdistrict Boundaries. In changing subdistrict boundaries, both the present and the future welfare of the district township should be considered. Subdistrict Boundaries A subdistrict long established, embracing a territory having a sufficient number of scholars to maintain a good school, should not be abolished, unless the general school facilities of the township will be improved thereby. On the nineteenth day of September, 1887, the board voted to abolish subdistrict number eight. Jacob Deck and others appealed to the county superintendent, who on the fifth day of December rendered a decision reversing the action of the town- ship board, and the board appeals The council for the directors urged in their written argument that the county superintendent should be required to send up to this department all the testimony taken in the trial before her. It was certainly the duty of the county superintendent to send up all the testimony upon which she based her decision. In the absence of any proof to the contrary, the presumption is that the transcript furnished by her contains all the testimony on file in her office. There is no proof offered that she has not complied with the law in all respects On the twenty-sixth day of December, 1885, the county superintendent rendered a decision reversing the action of the board in abolishing subdistrict number eight. As no material changes have taken place since then, in the condition of the town- ship, does that former decision act as a bar to any further proceedings in this case? We think not. The principle enunciated here is undoubtedly correct A case involving a change of subdistrict boundaries, having been adjudicated by the county superin- tendent reversing the action of the board, and being affirmed by the superintendent of public instruction, cannot again be brought upon appeal, unless it can be shown that some change materially affecting the conditions of the case has taken place since the date of the former decision. In this case, however, the decision of the county superintendent cannot act as a bar to further proceedings, because the district board did not take an appeal. Such proceedings cannot be considered as final in such a sense until they have been affirmed by the superintendent of public instruction. It is urged that the county superintendent erred in taking into consideration the distance which many of the pupils must travel in order to reach their school, if the action of the township board, abolishing subdistrict number eight, is affirmed. The law does not contemplate that one and one- half miles is in all cases an unrea- sonable distance. It depends largely upon the age of the pupil and upon the condition of the roads. In the case before us a natural obstacle, the Little Turkey river, must be taken into consideration. The opening of additional roads and the construction of a bridge would simplify matters somewhat, but no steps have been SCHOOL LAW DECISIONS. 3c taken to accomplish this. Until this is done, to abolish the school in number eight would impose an undue hardship upon a large number of pupils. What are the conditions of the school as at present constituted? The report of the secrstary put in evidence, shows that the school in number eight will average with other subdistricts in the number of pupils enrolled; it is above the average in daily attendance, and below the average in cost of tuition. The board fails to show that reduced numbers render it expedient to abolish this subdistrict, n^r does it show that the township is excessively taxed to support its schools. This department has already ruled that. subdistrict lines, which have been long established, embracing a territory having a sufficient number of pupils to main- tain a good school, should not be disturbed, unless it can be proved that the gen- eral school facilities of the township will be improved by the change. The board does not show that there is any general benefit to be expected from the proposed change of boundaries, nor does it prove that any existing necessity makes it desirable. The board undoubtedly intended to act fairly toward all,, but we think it failed to properly consider all the circumstances involved in its- action. The decision of the county superintendent is therefore Affirmed. HENRY SABIN, March 16, 1888. Superintendent of Public Instruction, J. S. FoLSOM et al. v. District Township of Center. Appeal from Cedar County. Rehearing. To warrant a rehearing, some valid reason must be urged. Testimony. Sufficient latitude should be allowed in the introduction of testimony to permit a full presentation of the issues involved, even if irrelevant testimony is- occasionally admitted. SCHOOLHOUSE SiTE. Every dwelling-house must be taken into account, as some- one entitled to school advantages may hereafter reside there. ScHooLHOUSE SiTE. When it is the evident intention of the board to relocate the site as near as possible in the center of the subdistrict , in order to furnish equal school facilities to all the residents, its action should not be materially interfered with . The transcript in this ca^e shows <-hat on the twenty-first day of March, 1887, at a meeting of the board, a committee was appointed to investigate the needs of sub- district number two and report at the meeting in September. It further shows- that on the nineteenth day of September, 1887, such committee reported, recommend- ing that the new house be built for said subdistrict, to be located in the center of the district. The report was received and the committee discharged. The report was also upon motion, laid upon the table. On the nineteenth day of March, 1888, at a meeting of the directors, the above report was finally adopted and a building committee was appointed to confer with the county superintendent in regard to plans and specifications. From this decision of the board Folsom et al. appealed to the county superintendent, and the case was heard at Tipton on the ninth day of April, 1888. The records in the county superintendent's office show that the appellee consented to the filing of an amend- ment to the affidavit by appellant, and that the appellee filed a motion to modify the decision of the board, and the trial then proceeded. On the eleventh day of April the county superintendent filed a decision reversing the action of the board . On the seventeenth day of April, 1888, amotion was filed ior a rehearing, within the time given by the county superintendent . On the nineteenth day of April, 1888, the motion for a rehearing was argued before the county superintendent and overruled . From the decision of the county superintendent the board appealed to the super- 3l) SCHOOL LAW DECISIONS. intendent of publ c instruct'on, and the whole case came up oa a hearing before him on the tifth day of June, 1888. The first question to be decided is: Did the coun!:)- superintendent err in over- ruling the motion for a rehearing? A rehearing of such a case can be granted only when it can be shown that some iojustice has been done, or some mistake has been made which can be corrected by a new trial; or when some additional evidence has been discovered which is in favor of the party applying, but which c )uld not have been presented before by reasonable diligence. The affidavit upon which the motion for a rehearing was based failed to show any such reasons. All the main points alleged therein had already been ruled upon by the county super- intendent, and we think she did not commit any error in overruling the motion. This also disposes of all the testimony sent up in support of the motion for a rehearing; these afl&davits will not be taken into account in the final decision. It is not necessary here to determine the legal residence of William Busier. His own testimony is that the distance from his residence to the site selected by the board is one and one- fourth miles. The fact that Mrs. Morgan does not desire to send to school is not material. It is not the individual but the residence that is to be considered. Some other person living at the same place may hereafter desire school privileges. We are now free to approach the main question upon which issue is joined. The testimony shows that the directors desired to relocate the schoolhouse in sub- district number two in a more central location; no other reason is assigned for the contemplated removal. There is nothing to show that the present site is unsuitable, except that it does not well accommodate the pupils from the northern part of the district. In this determination to relocate the site near the center, there is no evidence of any abuse of discretion on the part of the board and we think its action should not be interfered with. There is, however, evidence which shows that the exact acre which the com- mittee staked out is not a desirable site for a building. The board itself acknowl- edges this in its amended order by which the site is removed ten rods north. The county superintendent, in her decision, locates the site upon a piece of ground known as the * 'grave-yard site." It is urged that the county superinten- dent has only appellate jurisdiction, and must therefore confine her decision to the two sites upon which the parties joined issue. She seems to have entertained some such idea, as she sustained a motion to rule out all testimony in regard to the unsuitableness of the grave-yard site when such evidence was offered in the original trial. We think that such evidence should have been admitted. In April, 1866, the Hon. O. Faville, then superintendent of public instruction, obtained this opinion from Hon. F. E. Bissell, then attorney-general: "The case does not come before him (the county superintendent) merely to correct an error of the board of directors, but to hear and decide the same matter that the board had decided. The county superintendent is not limited to an affirmance or reversal of the action of the board, but he determines the same question that the board determined." See also John Clark v. District Township of Wayne ^ page 47, School Law Decisions of 1876. To this opinion the decisions of this department have always conformed. The county superintendent therefore did not go beyond her jurisdiction in selecting a site different from any which had been considered by the board. We cannot see, however, that the grave-yard site has any advantage over the old site. It is irregular in shape, and is about as far north of the center of the subdistrict as the present site is south. In fact, its selection as a site for the new building defeats the very end which the board had in view in its acti/?^ locating the site in the center of the subdistrict. The case is remanded to the board with instructions not to build upou tD«* cJ-^o SCHOOL LAW DECISIONS. 37 selected by the committee, but to select the best site possible within a distance not more than forty rods from the center of the site staked out by the committee; thd south corner of said site, however, to be at least fifteen rods north of the south corner of the committee's site; said site also to contain not less than an acre, and to be as nearly square in form as the circumstances will admit. The decision of the county superintendent is Reversed. HENRY SABIN, June 7, 1S88. - Superintendent of Public Instruction. P. O'Connor, Jr., v. District Township of Badger. Appeal from Webster County. Jurisdiction. In most matters with which boards have to do under the law, their authority and responsibility are absolute, and their jurisdiction is complete and exclusive. Jurisdiction. A former order of the board, or a decision of the county superin- tendent on appeal, will not operate to prevent the board from exercising its discre- tion anew, when good reasons exist for such action. Rehearing. To obtain a rehearing the necessity must be clearly shown. DrscRETiONARY AcTS . In the exercise of discretion, the benefit of every rea- sonable doubt must be given in favor of the correctness of offical acts. Appeal. The hearing is not to be conducted by a rigid adherence to the techni- cal forms and customs which prevail in the courts. At a special meeting of the board held February 10, 1858, it was voted to remove the schoolhouse in subdistrict number seven, forty rods north from its present site. P. O'Connor, Jr., appealed to the county superintendent, who heard the case on the twenty-third day of April and affirmed the action of the board. P. O'Connor, Jr. , appeals. The proceedings in this case are regular and the facts admitted by both parties. The only point in dispute is this: On the tenth day of November, 1887, the county superintendent heard the same case and rendered his decision reversing the action of the board. As the board did not see fit to appeal, and as no material changes have taken place in the subdistrict, it is claimed that the decision of the county superintend-ent rendered November 10, 1887, must be considered as final, and that no further proceedings can be had in the case. If this allegation is true then the county superintendent committed error in not dismissing the case. Let us examine it a moment, that we may arrive at the intent of the law. It is plain that the law reposes great confidence in the discretionary acts of a board of ■directors. The instructions from the department of public instruction to county superintendents have always been that such discretionary acts are to be affirmed unless it can be very clearly shown that the board has in some way abused its powers; if there is a doubt even, the board is to have the benefit of it. It has become a welle.'tablishud principle that the conduct of the schools and the location of schoolhouses should be left with those officers who have the closest relation to the pgople for whose benefit the schools are maintained. With this principle this department is not willing to interfere. Is it right, then, that in this present case because the county superintendent reversed the board in November, 1887, it should be left without further remedy? We think not. After its former action was reversed, the board had its choice of three courses of action; it was bound to take the one which it believed to be for the best interests of the subdistrict. It could ask for a rehearing, but to obtain that it must be able to show that some very grave mistake had been made, or that it had discovered some additional 38 SCHOOL LAW DECISIONS. evidence which could not have been presented before by using reasonable diligence. It could appe il to the superintendent of public instruction, but in that event it must base its case wholly upon the evidence as presented before the county super- intendent, as this department has no right to hear additional testimony. It could begin the case de novo, amend its record if it was faulty, supply omis- sions, introduce new testimony, and perfect its proceedings in such waj^s as to obtain if possible a different decision from the county superintendent, or so as to make a stronger case before the superintendent of public instruction if either party found it neces-ary to appeal to him. In this case the board chose the last remedy, and we think it was wise in do=ng so, as the most ready manner of obtaining a final adjudication of the whole matter. After careful study of the authorities cited by counsel, we can only reach this conclusion. If the aggrieved party fails to appeal within the thirty days aNowed by the law, the decision of the county superintendent becomes final as far as that particular case is concerned; but we find nothing in the law to warrant the con- clusion that a reversal by the county superintendent acts as a bar to any further proceedings because the district board did not then and there take an appeal to the superintendent of public instruction. Such a conclusion would defeat the ends aimed at by the law in placing the management of the schools in the hands of the school officers as chosen by the people. The county superintendent and the superintendent of public instruction, in hearing these appeal cases have the jurisdiction, somewhat, of a court of equity and are not bound by a rigid adher- ence to the technical forms and customs which prevail in the courts of justice. In reaching this conclusion we are supported by the case of Morgan v. Wilfley et al., 70 Iowa, 338. "The power to redistrict and change subdistricts is conferred upon the board by the statute, and action in that direction, for sufficient cause, cannot be considered as unauthorized." The power to change or fix the school- house site is conferred in the same manner. Further: "The board of directors cannot be so fettered by its prior action, or by legal proceedings that it may not, at any time, for sufficient cause, redistrict the township, as in its best judgment may be demanded by the interest of all the children of the district." The prin- ciple here enunciated is so broad that it applies to all the actions of the board, and it is not necessary to dwell upon it. In regard to the merits of this case, there is nothing to be said. There is no evidence to show that the board abusel its authority, and consequently no reason for setting its order aside. The decision of the superintendent is Affirmed, HENRY SABIN, July 9, 1888. Superintendent of Public Instruction. Samuel Walkbr v. J. S. Crawford, County Superintendent. Appeal from Cass County. Certificate. The county superintendent is his own judge as to how fully he will give the applicant reasons for the refusal of a certificate. Certificate. The county superintendent is charged with the responsibility of refusing to issue a certificate to any person unless fully satisfied that the applicant possesses the essential qualifications demanded of teachers by the law. Discretionary Acts . Unless a marked violation of the large discretion vested in the county superintendent is proved clearly and conclusively, his action in refusing or revoking a certificate will not be interfered with on appeal. Certificate. The decision of a county superintendent refusing a certificate will not be interfered with on appeal unless it appears that he acted from passion or prejudice. SCHOOL LAW DECISIONS. 39 This case arises from the refusal of J. S. Crawford, county superintendent of Cass county, to grant a certificate to Samuel Walker to teach in the schools of said county. Thecase was reheard on the first day of December, 1888, by way of appeal, the superintendent affirming his former decision. Samuel Walker appeals. Section 1766 requires the county superintendent to examine each candidate desiring to teach in the public schools of the county, in certain branches enumer- ated therein, with special reference to his competency and ability to teach the same. But section 1767 still further directs that the county superintendent must satisfy himself that the applicant possesses a good moral character and the essential qualifications for governing and instructing children and youth. Here then, are three distinct qualifications to be investigated and determined by the county superintendent before he issues the certificate. My predecessor very pointedly says in a written opinion on file in this office: ' ' Under the law the county superintendent must be satisfied that you (the candidate) possess all the qualifications enumerated by law." In this case it is not claimed that the appellant is deficient in the branches usually taught in the public schools. Neither is it charged that he does not possess a good moral character. The only point in question is his ability to instruct and govern children and youth. We confess that this is an exceedingly difficult point to determine in many cases. The surest way undoubtedly is to visit and inspect the school, but we think the county superintendent took the next best way when he drew the candidate into a conversation and allowed him to express himself freely and without reserve. Certain traits of character most essential to a teacher cannot be ascertained by a written examination alone. At the time of the trial on appeal the county superintendent was placed on the stand as a witness for the appellant. In the course of his testimony he made this statement: "I refused Mr. Walker a certificate because I thought, and still think, Mr. Walker did not have judgment, a well balanced mind, and common sense, to teach a good school." It is not the duty of the superintendent of public instruc- tion to try this case de novo in order to determine the correctness of this conclusion. We are not called upon to pass upon the fitness or unfitness of Mr. Walker to teach in the schools of Cass county. Did the county superintendent err, in that he was actuated by wrong motives? If through passion or prejudice he refused Mr. Walker a certificate he did him an injustice, and his decision should be reversed. The existence of such a ruling motive would show itself somewhere in the evidence. We have read the transcript several times with care, and we fail to find any disagreement existing between th© parties previous to, or at the time the appellant was first examined, or that Mr. Crawford has spoken unkindly of Mr. Walker or shown a disposition to injure him in any way. It was competent for the appellant to show clearly at the trial that the county superintendent was prejudiced against him to such an extent as not to do him justice; this he has failed to do by any reliable testimony. The weight of the testimony is to the effect that the county superintendent was endeavoring to do his duty as a school officer and in this the superintendent of public instruction must sustain him. The counsel for the appellant claims that the county superintendent erred in not informing the applicant upon what grounds he refused him a certificate. The testimony of Mr. Frost, from his long experience in the office of county super- intendent, has great weight. We agree with him that it is usually better to inform the applicant frankly and fully why the certificate is refused, but cases may arise in which it is as well not to do this. The law is silent upon this point, the county superintendent must be his own judge of what it is best to do. We do not think the refusal in this case is an error on the part of the county superintendent. 40 . SCHOOL LAW DECISIONS. It is also alleged on the part of the appellant that ' 'the county superintendent made a wrongtul decision upon the facts in the case," The appellant introduced evidence to show that he had taught a fairly successful school, and that he was in good repute as a teacher in his own neighborhood. All this was pert nent to the question at issue, but if the conversation and actions of the appellant made such an impression upon the mind of the county superintendent at the time of examina- tion that this evidence even could not overcome it, the county superintendent could not consistently do otherwise than as he did. The discretion vested in the county superintendent by the law is very large, and for this purpose, that he may guard the public schools against the intrusion of persons unworthy or unfit for the office of teacher. The department of public instruction cannot release him from his responsibility, nor can it interfere with his discretionary acts except upon the clearest and most convincing proofs of violation of law, or of the influence of passion or prejudice in the performance of his official duty. The appellee, on the other hand, seems to argue that the action of the county superintendent, in refusing to grant a certificate, cannot be interfered with by the superintendent of public instruction. In 1867, Hon. D, Franklin Wells, then superintendent of public instruction, obtained an opinion from the attorney-gen- eral of the state, Hon. F. E. Bissell, upon this point. The following extract from that opinion is answer to each of the cliims just considered: "Chapter 52, laws of the tenth general assembly, provides that the superintendent of public instruc- tion shall be charged with the supervision of all the county superintendents, and shall determine all cases appealed from the decision of the county superintendent. I hold that under the above prov sions, the right of appeal is clearly inferable, if not directly given to any one aggrieved by the refusal of the county superin- tendent to give a certificate, or by the revocation of a certificate. The power should, however, be very cautiously exercised and the decision of the county superintendent should not be interfered with except in case of a clear violation of duty, or when the act was the clear result of passion or prejudice." After a careful review of the testimony and the able arguments submitted to us, we do not find sufficient reason for reversing the decision made heretofore. Affirmed. HENRY SARIN, February 4, 1839. Superintendent of Public Instruction. G W. Dayis et al. v. District Township of Linn. Appeal from Linn County. Appeat.. Will not lie to control the action of a board or of the county superin- tendent, where concurrence is provided for. Tuition. To enable the districts in which the children reside to collect tuition, all the requirements of the law must first be fulfilled. At its regular meeting on the eighteenth of March, 1889, the board passed a resolution excluding from the privileges of the school, in subdistrict number sevsn, children from the independent district of Laurel Hill, in Jones county, who had from time to time for many years, been allowed to attend the school in said sub- district number seven. On the thirteenth of April the board considered a petition of parties in the adjoining district of Laurel Hill desiring to send to the school in Linn township, and passed an order refusing to admit their scholars. From this action, G. W. Davis and others appealed to the county superintendent who heard the case on the ninth of May, affirming the order of the board. From, his decision G. W. Davis appeals. SCHOOL LAW DECISIONS. 41 The attendance ©f scholars living in an adjoining district is governed by section 1793. By the portion of the section to which this appeal relates, children may attend in another district on such terms as may be agreed upon by the respective boards. In the history of this case it is not shown that any action was taken by the board of Laurel Hill as to agreement regarding terms of attendance. The board of the district township of Linn refused to admit the scholars in ques- tion. It is from this order, an initial action, that appeal was taken. At the trial before the county superintendent a statement of facts was sub- mitted and was agreed to by both parties to the appeal, as a basis upon which the appeal should be heard. At this point the board by its attorney filed a demurrer, urging that the county superintendent could not acquire jurisdiction; that the action of the board complained of was not subject to revision upon appeal and asking the county superintendent to dismiss the case for want of jurisdiction. The demurrer was overruled , the case was tried on the agreed statement of facts, and the order of the board affirmed. Did the county superintendent err in over- ruling the motion to dismiss the case for want of jurisdiction? We think he did. If the boards fail to agree upon terms of attendance, certain conditions regard- ing distance from the respective schools being fulfilled, as they are in this case, section 1793 itself provides the next step to be taken. The county superintendent of the county in which the children reside may give his consent with that of the board of the district where the children desire to attend, admitting them. But from the refusal of the board to admit the children it is held and has been uni- formly held in opinions by this department, that appeal will not lie. It has always been conceded to be the intention of the lawmakers to leave with the board of the district in which the school is maintained, the matter of determining finally and conclusively, if it chooses, that scholars shall not be admitted under the provisions of section 1793. If its consent is withheld, neither the courts of law nor any appellate tribunal may set aside its order of refusal, and compel it to admit outsiders and accept as compensatioh for their instruction the amounts fixed by section 1793. We have referred to this matter at such length, because the counsel for the appellant urges the claim that the case should be remanded for a new trial. We are compelled to find that there are but two methods in law, by which attendance in subdistrict number seven may be secured for their children by the appellants. The two boards may agree as to the terms of attendance. Or after they have refused to agree the concurrent consent of the county superin- tendent of Jones county and the board of the district township of Linn, will entitle the children to attendance and bind their home district for the expenses of their instruction in the manner provided by section 1793. But appeal will not lie to control the action of either board or of the county superintendent. Reversed and Dismissed. HENRY SABIN, August 6, 1889. Superintendent of Public Instruction, ISHAM WaTKINS v. INDEPENDENT DISTRICT OF EMPIRE . Appeal from Marion County. Appeal. An appeal will not lie from an order of the board initiating a change in boundaries, where the concurrence of the board of an adjoining district is neces- sary to efifect the change. Appeal. Where changes are effected in district boundaries by the concurrent action of two boards, appeal may be taken from the order of the board concurrmg or refusing to concur, but not from the order of the board taking action first. 42 SCHOOL LAW DECISIONS. Jurisdiction. The jurisdiction of an appellate tribunal is not g:reater than that of the board from whose action the appeal is taken . On the sixteenth of September, 1889, the board of the independent district of Highland determined to notify Ishara Watkins of Empire district, that his children cDuld not any longer attend the school in Highland district. The records show that it was willing that he should be attached to Highland district. This was taken as an initiatory movement. Isham Watkins petitioned the board of the Empire district to set oflf the north half of northeast quarter of sections 25, 75, 21, to the independent district of Highland, The petition was rejected; in effect the Empire board refused to concur. An appeal was taken to the county superin- tendent, who ordered that the northeast quarter of northeast quarter of section 25 be detached from the independent district of Empire and attached to the independent district of Highland, Of the several que^tioaj invalved in this case it is necessary to discuss only one. Did the county superintendent exceed his jurisdiction? The board of High- land initiated an action. The board of Empire district must either concur or non- concur, and from its action an appeal could be taken. If it did not choose to accede to the proposition of the Highland district, then action in that particular ended with its vote to non-concur. If it had a different proposition to make, as for instance granting forty acres, it could only initiate a movement to that effect and leave it for Highland district to act, and from the action of the latter board an appeal could then be taken. In this case the county superintendent initiates a new action, and leaves it for Highland district to act. Now if this action is allowed to stand, any one aggrieved may take an appeal from the action of the board of the Highland district. He would then have an appeal brought before the county superintendent from an action which he himself initiated. It might be further argued that if the county superintendent has original jurisdiction, then this appeal cannot lie, as an appeal can be taken only from the order of the board completing the action . The prec- edents established have been followed closely by this department and we can see no reason for breaking away from them . It is held that in cases requiring the concurrent action of two boards, the board completing the action can only concur or non-concur. Any action involving a new proposition initiates a new case, which must be passed upon by the other board concerned in the matter, and from which an appeal can be taken. It is further held that the county superintendent upon appeal is limited to reversing or affirming the action of the board completing the action, and that he cannot assume original jarisdiction aad do what the board appealed from could not do. It seems apparent that Mr . Watkins has not reasonably good school facilities and we regret that we are compelled to set aside the decision of the county super- intendent. He was actuated by laudable motives and was looking for the best interests of the children in this case. We are, however, forced to the conclusion that the connty superimtemdent erred in assuming orig^inal jarisdiction. Rbversed and dismissed. HENRY SABIN, March 18, 1890. Superintendent ef Public Instruction. Robert Maxwell v. District Township of Lincoln. Appeal from Union County . Proceedings. The regularity of all the proceedings will be presumed upon. This is true in an especial sense when the records are more than usually complete. Teacher. In the trial of a teacher the board is bound carefully to protect the SCHOOL LAW DEClSiO^S. 43 interests of the district and to seek the welfare of the school, as well as to regard the rights guaranteed to the teacher. Notice. Appearance at the trial is a complete waiver of notice. Records. The record of the secretary must be considered as evidence, unless there is proof of fraud or falsehood. On the ninth day of December, 1889, the secretary, acting upon a petition signed by five residents, called a meeting of the board for December 14th, to examine the teacher of subdistrict number eight. A notice was also served upon the teacher the same date, signed by the secretary, both the call and the notice being spread upon the records in due form . The meeting was held on the fourteenth of Decem- ber. The records show that the appellant was present and objected to the consid- ation of the charges, as the proceedings were not in accordance with section 1734. At the same time he demanded a copy of the charges and that one week be given him :n which to prepare his defense, which demand was complied with and the board adjourned to December 21st. If the appellant had moved to dismiss the case it would not have been an error to sustain the mofion, but he submitted to the jurisdiction of the board and obtained a continuance of the case until December 21st. It must be held that by this action he waived any defect or irregularity in the jurisdiction of the board in this case. The purpose and object of the process, as pointed out in section 1734, was fully accomplished. See Wilgus ei al. v. Gettings, et al., 19 Iowa, page 82. At the meeting held December 21st the board voted to discharge the teacher. An appeal was taken to the county superintendent who affirmed the board. The appellant appeals to the superintendent of public instruction. The only question before the caunty superintendent was whether the conditions as prescribed in section 1734 were fully complied with. It is alleged that while the teacher was present he was not allowed to make his defense. The secretary's transcript furnishes the only means of determining this. The records show that he was allowed to cross-examine witnesses, and they do not show that he was barred from offering evidence had he chosen to do so. There can be «o question of the power of the board under the law to discharge the teacher. It is held in the case of Kirkpatrick v Independent District of Liberty ^ 53 Iowa, 585, that the board does not act as a court, in any strict sense, and is not bound by the rules applicable to a court. The intent of the statute is evidently, while it guards carefully the rights of the teacher, to enable the board to discharge a teacher who, after a careful inves- tigation, is determined to be unfit for the position. It is termed "a simple and inexpensive way of determining rights." It is claimed by the counsel for the appellant that when a certaim mode is prescribed in determining a case not in the usual course of the common law, such mode must be followed, and reference is made to the case of Cooper v. Sunderland, 3 Iowa, 125. But it is held in the same case that when sufficient appears on the face of the records to give it jurisdic- tion under the law conferring the power, then the presumption attaches in favor of the remainder of the proceedings •£ the court If the action of the appellant in appear- ing f©r trial gave the board jurisdiction, then all the proceedings must be held to be regular. The discharge of a teacher is largely within the discretionary power of the board. It is to guard the rights of the district and the interests of the school, as well as the rights of the teacker. After a full and fair investigation it is its duty to act as it deems best, under all the conditions and circumstances of the case. See Smith v. District Township of Knox, 42 Iowa, 522. This being the case, it is the duty of the county superintendent not to interfere with the action of the board unless he is convinced that it in some way abused its discretion. He is right in sustaining the board, even though as an invidual he wotdd have preferred some other action on its part. 44 SCHOOL LAW DECISIONS. Our conclusion is, after a careful consideration of the matter and after read- ing the transcript with unusual care, that the defendant had a fair and impartial trial, and that the terms of the law were substantially complied with The decision of the county superintendent is Affirmed. HENRY SABIN, June 12, 1890. • Superintendent of Public Instruction. Michael D )nelox v. District Townsh p of Kmiest. Appeal from Carroll County, SuBDiSTRTCT- BOUNDARIES. The boundaries of subdistricts may be changed or new subdistricts formed, only at the regular meeting of the board in September » or at a special meeting held before the following March. On the twenty-fourth of March, 1890, the board made an order changing the boundary between subdistricts four and five. Michael Donelon, residing upon the territory transferred, appealed to the county superintendent, who on the four- teenth of April affirmed the order of the board, and from his decistbn Mr. Donelon appeals. The action of the board called in question was taken under section 1796, the first of which section reads: * ' The board of directors shall, at their regular meet- ing in September, or at any special meeting called thereafter for that purpose, divide their township into subdistricts, etc." It has been continuously held by this department ever since the enactment of the provision of law quoted above, thit as changes. in the subdistrict boundaries under section 1795 do not take effect until the following subdistrict election, it is therefore the manif-st intention of the law as indicaied in the reading of the portion of section 1796 we have quoted, that said changes should be ordered at the regular meeting of the board in September, or at a specially called meeting held long enough before the sub- district election to allow time for notices to be given for the election of sub-direct- ors, and that the law does not give the board power to change subdistrict bound- aries between March and September, but only between September and March. If this is the meaning of the law it is decisive of this case, and we shall be com- pelled to dismiss the case for want of jurisdiction. A careful examination of the question leads us to the same conclusions uni- formly announced by our predecessors. We are able in no other way to explain the wording of the section. It seems plain that the law intends to impose the limitation upon the board so clearly indicated by the phraseology of section 1793. Attention is invited to the decisions found on pages 25, 2S and 63. School Law Decisions of 1876. It is also worthy of notice that this principle has been con- sidered to be so fully established in practice and so well understood, that cases referring to the universally admitted fact have been omitted from the three com- pilations of decisions made since 1876, This case is the first appeal for many years past reviving the question. We are aware that the case in 70 Iowa, 338, may be urged a? affording oppor- tunity for a different view than the one taken by us. But it must be observed that the matter at issue in that case is whether the board has power to exercise its discretion in so full and complete a manner as to dispense entirely with a new subdistrict recently created by a former board, and thus by a single order opposite in intention to nullify all that had been done previously in regard to change of boundaries. It was urged that the board does not have such power after the sub- ^istrict has acquired a legal existence. The effect of the decision is to estabi sh the power of the board to exercise its fullest discretion in determining the necessity for change of boundaries, subject to the remedy of appeal. We can- not interpret the decision as s:?ttihg aside that provision of 1796, which directs SCHOOL LAW DECISIONS. 45 that such changes in boundaries shall be made at the regular meeting of the board in September, or at a special meeting thereafter, obviously not to be held later than the first Monday in March It is apparent then that the action of the board complained of in this case was not in accordance with law, and hence was null and void. It is fortunate that the board has an opportunity within a few weeks to take such action as may then seem to it for ttie best interests of the district and all concerned. Reversed and dismissed. HENRY SARIN, August 23, 1890. Superintendent of Pub Ac Instruction, Elisha and Elda Tanner v. Independent District of Clarence. Appeal from Cedar County. Affidavit. A technical error in the affidavit not prejudicial to either party will not defeat the appeal. Affidavit. The affidavit may be amended when such action is not prejudicial to the rights of any one interested. School Privileges. The law is to be construed in the interest of the child. The actual residence of the scholar at the time will establish the right to attend school free of tuition. The board excluded Elda Tanner from school until such time as her tuition is paid, on the ground that she is a non-resident pupil. The county superintendent on appeal reversed the action of the board and appeal was taken to the superin- tendent of public instruction. It was claimed before the county supf^rintendent that inasmuch as the affidavit upon which the appeal was based was without the seal of the notary public, that there were no grounds upon which the appeal could be lej?ally based. While it is true that the notarial seal is necessary to constitute an affidavit, in this case the notary public was present at the time of trial and under oath testified that the omission of the seal was only an oversight on his part and that the persons therein designated did make oath to the paper and affix their Signatures to it in his presence, then he also there affixed the notarial seal. It is held that since no interests were prejudiced by the error which at the best was only technical, that the county superintendent did not commit an error in overruling the motion to dismiss the case. The allegation o: tacts made by Elda Tanner are that she is sixteen years of age, that her father and mother have parted, and that for ten years or more she made her home in the family of Mrs. McCartney in Massilon township. Before she came to Clarence she had an understanding with her father that she was to care for herself thereafter. She also claims that being thus emancipated from her father's control, she chose to become a resident of Clarence, and as an actual resi- dent of that school district is entitled to the privileges of school under the provisions of section 1794. It is of interest to ascertain how far such an agreement constitutes emancipation of a minor child. It is held in 1 Iowa, 356, that in the absence of statutory require- ments such emancipation need not be evidenced by any formal or record act, but may be proved like any other fact. The evidence of Elda Tanner in this case is corroborated by that of her father, and of Mrs. McCartney who was present during the conversation. We are disposed to hold that Elda Tanner under the facts as sworn to before the county superintendent was at liberty to choose such a place o: residence as seemed to her most fitting. The evident and beneficent intent of the law is that no child shall be deprived of schDol privileges. The father of a family may move into the district from an adjoining state, and although certain time must elapse before he is entitled to vote he may place his children in school the 46 SCHOOL LAW DECISIONS. very day he arrives. In the same spirit it has been held that children '•living in families in which their work compensates for their board, are actual residents and are entitled to school privileges. The law is to be construed in their interests. The district is entitled to have such children enumerated, if they are thus actual residents at the time the school census is taken. We do not undertake to decide that parents or guardians can transfer children from one district to another for school purposes alone, but only that those who are actual residents under the pro- visions of the law may attend school without the payment of tuition. While it is true in general that the residence of a child is the same as that of the parents or guardian, the law evidently contemplates exceptions tj this general rule and leaves the right to attend school to be established by the actual residence of the child . Any other construction would not be in accordance with the spirit of the law, and would deprive many children of the right to attend the public schools. In this case the question of residence is largely one of intent. The testimony of Elda Tanner is to the effect that she was at the time of attendance an actual resident of Clarence, and had no other residence. It was competent for the board to disprove this, but we do not find the evidence to that effect conclusive. It is held that the board erred in excluding Elda Tanner from school and the decision of the county superintendent is Affirmed . , HENRY SABIN, April 24, 1891. Superintendent of Public Instruction. J. C. Rekd et al. v. District Township of Eagle. Appeal front Sioux County. SuBDiSTRiCTS. The board should be encouraged in forecasting a general plan looking toward an ultimate regularity in the form of subdistricts. SCHOOLHOUSE. There is no limitation in law as to the number of scholars to be accommodated, in order that the board may provide a schoolhouse. Subdistricts. Should be, if possible, compact and regular in form. In well populated district townships, two miles square is considered a desirable area for each subdistrict. Subdistricts. It is very important that subdistricts should be regular in form, and that where it is possible, schoolhouses should be located at or near geograph- ical centers. Boundaries. In the determination of district and subdistrict boundaries, tem- porary expenditures and individual convenience should be subordinated to the more important considerations relating to simplicity of outline, compactness of shape, uniformity of size, and permanence of sites and boundaries. The above named district township coincides with a congressional township and consists of a single subdistrict . Portions of the district are yet sparsely set- tled . The board seems to have projected a plan to so locate schoolhouses when they must be supplied, that ultimately the township shall have nine subdistricts, each of four sections. On the sixteenth of March the board ordered a schoolhouse built at the center of the square of four sections in the southeastern comer of the township . From this action J. C. Reed appealed to the county superintendent who aflSrmed the order of the board. From this decision Mr. Reed appeals. It was urged before the county superintendent that the board was prevented by the law from building a schoolhouse for the accommodation of a less number than fifteen of school age. The question now to be determined is whether the county fiuperint«ndent erred in affirming the order of the board. The board seemed to have outlined a policy of regarding each four sections as « separate division, to be provided with school advantages by itself. So far as M. SCHOOL LAW DECISIONS. 47 forecasting the probable form of subdistricts to be created in the future, we think the board might be guided in the location of schoolhouses at the present time by- such policy, in order that ultimately each subdistrict will have the form desired and each schoolhouse will be located so as best to accommodate all patrons. But while matters are in this progressive condition, we think the law does not confer power upon the board to apply the limitations of section 1725, and decide that until fifteen of school age are to be accommodated by the schoolhouse to be built no house can be erected. In this case for instance there is but one single subdistrict. The board may create other subdistricts provided fifteen of school age are included within the boundaries of each one so formed. But the board is not prevented from building more than one schoolhouse in any subdistrict. See 69 Iowa, 533. In the absence of specific instructions in connection with the voting of the taxes by the electors, the board is empowered to locate sites where in its judgment a schoolhouse seems to be most demanded. We are unable to find from the evidence any reason to disturb the finding of the eounty superintendent and his decision is therefore Affirmed. HENRY SABIN, July 3, 1891. Superintendent of Public Instruction. E. A. Sheafe v. Independent District of Center. Appeal from Wapello County . Teacher. As an employe of the district the teacher may justly claim and expect to receive the ofi&cial assistance and advice of the board. Teacher. The law insures the teacher a fair and impartial trial before he may be discharged. The history of this case presents nothing unusual. The board voted to dis- charge the teacher upon certain preferred charges. The teacher appealed to the superintendent, who reversed the action of the board. The board appeals. Section 1757 sets forth pUinly the nature of the contract which is the evidence of agreement between the board acting for the district as one party, and the teacher as the other party. Section 1734 prescribes the only method by which the board may terminate the contract in advance or discharge the teacher. Both parties are equally bound by this contract, and as the board is a continuous body the election of an entire new board does not change the relations of the contracting parties. But inasmuch as the directors also act as judges whose duty it is to decide whether the contract shall be terminated, being themselves parties to the contract, it becomes them to weigh the evidence in the case with the greatest care and to give the teacher the benefit of any reasonable doubt. In the present case the forms of the law were complied with, and the teacher was per- mitted to be present and make his defense. The transcript sent up by the county superintendent shows that one of the complaints upon which the teacher was tried was signed by Jacob Ream, who also is one of the directors and acted as one of the judges in the case. This is strong presumptive evidence of prejudice on the part of one of the judges at least, and this evidence is strengthened by the fact that Jacob Ream is the father of John Ream whose punishment is made a matter of complaint. It is further strengthened by the fact brought out in evidence, that the present board was elected for the purpose and with the intent of displacing the teacher. The law is very careful to guard the rights of the teacher and to insure him a fair trial. That certainly can not be considered a fair trial in the eyes of the law, in which one of the judges who is to give his vote for acquittal or conviction is a com- plainant in the case and is as ready to pronounce the verdict before he hears the testimony as afterward. 48 SCHOOL LAW DECISIONS. The board invited the teacher to resign at its first meeting, and upon his refusal it proceeded at once to take steps to discharge him. Under certain circumstances this might be right, when necessary to relieve the school from a teacher proved to be incompetent or immoral. But general dissatisfaction as alleged in the petition or the desire to hire a lady teacher for the summer term, or to lessen the expenses of the district, can not be held to form any reason for discharging the teacher. The alleged punishment of the two boys is not proved in either case to have been unreasonably severe, to have been inflicted in passion, or to have resulted in any permanent injury. These punishments happened some weeks before and any com- plaint should have been made to the old board. It does not appear necessary to enter any further into the merits of this case. It is held that no error was committed in reversing the action of the board and the decision of the county superintendent is therefore Affirmed. HENRY SABIN, October 20, 891. Superintendent of Public Instruction . C. A. Webster v. Independent District Number Seven. Appeal from Winneshiek County. Discretionary Acts. To warrant interference with a discretionary act, abuse of discretion must be proved beyond a reasonable doubt. Discretionary Acts. It is not the province of an Appeal to discover and to correct a slight mistake. The board alone must bear any blame that may attach to a choice deemed by appellants somewhat undesirable, but not an unwise selec- tion to such a degree as to indicate an abuse of the discretion ordinarily exercised. Discretionary Acts. In the absence of proof that the board has abused the authority given it by the law, its orders wiil not be set abide, although another decision might to many seem preferable. Jurisdiction. When its order is affirmed, the board is left free to take another action , if thought best . On the third day of October, 1891, the board relocated the schoclhouse site in independent district number seven. Burr Oak township. Appeal was taken to the county superintendent, who reversed the action of the board which ordered the house removed to the new location. From this decision John Knox president of the board appeals. The proceedings in this case are entirely regular. It is not claimed that there was any direct violation of law, nor that prejudice or improper motives in the least influenced the action of the board. The very common complaint that the discretion vested in the board by the law had been abused was virtually the only error urged The only question for us to determine is the single one as to whether the county superintendent was warranted in setting aside the order of the board. Unless the evidence clearly sustains his conclusions we shall be compelled to re \rerse his decision . But if the evidence shows plainly a gross abuse of discre- tion on the part of the board, then we must affirm. Where an abuse of the large discretion vested in the board is urged, to war- rant interference by an appellate tribunal such abuse must be proved conclu- sively. The testimony must disclose so fully the nature of the unwarranted action as to leave no reasonable doubt. The acts of a board must be presumed to be correct, and they are entitled to the benefit of every doubt. Unless it is fully apparent that the discretionary power of the board has been abused to such an extent as to render interference necessary, it is the duty of the county super- intendent to allow the act of the board to stand, although he may differ from the board very strongly as to the desirability of the order in question. In this con- SCHOOL LAW DECISIONS. 49 nection, attention is called to appeal decisions found on paj^es 35, 82, 90, 100 and 135, School Law Decisions of 1888. In this case while the testimory shows that the removal to the site selected will brinja: the schoolhouse qui;e a distance south of the center of the dis rict, it is not in evidence that a suit?.ble site might have been found nearer the center. It must be presumed that the board carefully weighed all the reasons in favor of and against the r-\te chosen, at d also that it endeavored to find the best site. The evidence is by no- means conclusive that it did not select the best .site obtainable. If in the opinion of the people an error has been made, it rests with the electors to choose a board favoring another location . It is with reluctance that we reverse the decision of the county superintendent There can be no question that h,e intended to seek substantial justice for the people of the district. This decision does not prevent the board, if thought desirable to do so, from reconsidering the action by which the new sit^o was chosen an 3 selecting a different site. But we cannot find that the evidence sup- ports the county superintendent in overruling the order made by the board and his decision is therefore Reversed. J. B. KNOEPFLER, February 26, 1892. Superintendent of Public Instruction, R. G. W. FoRSYTHE V. Independent District of Kirkvillb. Appeal from Wapello County. Appeal. Where the changes are effected in district boundaries by the concurrent action of two boards, appeal may be taken from the order of the board concurring or refusing to concur, but not from the order of the board talking action first. Territory. All territory must be contiguous to the district to which it belongs. Jurisdiction. In change of boundaries by two boards, an appellate tribunal acquires only the same power possessed by the board from whose action appeal is taken, and may do no more than to affirm the order, or to reverse and do what the board refused to do. Petition. A petition may be used to bring to the attention of the board the kind of action desired by the petitioners, but a board may act with equal direct- ness without such request. The board of the above named district refused to concur in the action of the board of the district township of Richland, offering to transfer certain territory to the independent district. Mr. Forsythe, desiring the transfer, appealed to the county superintendent, who reversed the action of the board and ordered the transfer of the territory under consideration by the two boards, with the excep- tion of the northwest quarter of the southwest quaiter of section eighteen, which the county superintendent directed should remain a part of the district township of Richland , and also ordered the transfer of the northwest quarter of the north- west quarter of section eighteen , which would otherwise be cut off from the district township to which it belongs. From this decision L. Jones, president of the board of the independent district of Kirkville, appeals. This case turns on the power of the county superintendent to modify the order appealed from in the manner done byhirp. It is true that even if the board of the independent district of Kirkville had concurred in the transfer of the terri- tory released by the other board, such order would not have been in conformity with the spirit of the law, because forty acres would then be left belonging to the district township of Richland and not contiguous to the remainder of the district. The county superintendent was led to conclude thpt the forty acres in question should be transferred, if any change of boundaries was made. But could the county superintendent so determine in this appeal? We think not. The board of 50 SCHOOL LAW DECISIONS. the independent district might concur or refuse to concur. They might refuse to concur, and initiate a new proposition which the board of the district township could act upon, when appeal wowld then lie from the last action. But an attempt to change the order originally made would render it necessary to have such new action considered by the other board, before becoming effective, or even in order that the action could be brought within the power of the county superintendent to consider on appeal . For in a case of this kind no matter can come into the case on appeal, unless the second board, the one last acting, concurs or refuses to concur in the order initiated or proposed by the board first taking action. It follows then that the county superintendent having only appellate jurisdic- tion, could not assume original jurisdiction and do what the board from whose action the appeal was taken could not have done. Therefore we are compelled to hold that the county superintendent did not have the power to decide that the northwest quarter of the northwest quarter of section eighteen should be trans- ferred. A caref-1 investigation of the transcript leads us to believe that perhaps such a change of the boundaries as would transfer the residence of Mr. Forsythe to the independent district, might be desirable. Of course such transfer would Include entire forties of land, and no territory could be separated from the dis- trict to which it should belong. Whether any change is best, must be determined by the boards interested, the action of the board last acting being subject to cor- rection on appeal. In order that the matter may come again without prejudice to the attention of the boards, the decision of the county superintendent is reversed and the case remanded to him to be reopened and heard again . We think he will be compelled by necessity to afl&rm the decision of the board of the independent district of Kirkville, in refusing to concur in the transfer proposed by the district township. This will leave all matters as nearly as possible in the same condition they were before any action was taken. It will then be in order for either board at any time to initiate such a change of boundaries as may seem demanded. There ia no absolute necessity for a petition or request. A petition may bo used to bring to the attention of the board the kind of action desired by the petitioners, but a board may act with equal directness without such request. Reversed and Remanded. J. B. KNOEPFLER, April 6, 1892. Superintendent of Public Instruction J. A. Claxton v. Independent District of Holmes. Appeal front Fayette County, BCHOOLHOUSB SiTB. The necessities of the present must be observed in locating ■choolhonse sites, in preference to the probabilities of the future. SCHOOLHOUSE SiTE. The prospective wants of the district may properly have weight in determining the selection of a site, when such selection becomes neces- lary, but not in securing the removal of a schoolhouse now conveniently located. On the twenty-first of March last, the board, by two afiBrmative votes to one negative, relocated the schoolhouse site at a point eighty rods west of the present aite. From this action J. A. Claxton appealed. The county superintendent reversed, D. S. Thompson now appeals to this department. The proceedings in this case appear to be entirely regular. There was no viola- tion of law. Appellant does not allege malice or prejudice. Therefore abuse of discretion was the only point to be considered by the county superintendent. He decided, after a full hearing of the case, that there had been abuse of discretion gnfficient to warrant him in reversing the board's order. It is for us to review the testimony on which he made this decision, and the argument offered in the appeal before this tribunal. SCHOOL LAW DECISIONS. ' 5| In cases such as the present, the question for an appellate tribunal to determine is not which of two sites is the better, but whether the site selected is under existing- and prospective conditions of the district, at all fit and suitable for a schoolhouse site, as well as fair to the patrons. And to determine this, various factors must he taken into consideration. There should be unusually strong reasons for abandon- ing a site provided with a good well, especially if the new site is on lower ground as in the present case, where good water may not be procurable. Trivial differ- ences in '■■'istance should not usually be allowed to lose to a district the value of shade trees already well advanced . Wells and trees cannot be removed , and with the latter, it not only makes expense, but requires years to replace them. How- ever, in all this, and in the doubt that is raised whether the new site is a fit one at all on account of being low and wet, we are disposed to give the board the benefit of the doubt. Counsel for appellant states that the little village of Donnan, in the northwestern part of the district, is certain to grow considerably in the near future because of being at the junction of two railroads, and that therefore it should have better school facilities than are afforded by the old site. Taking the premises in this reasoning as correct the conclusion is sound, only that it does not go far enough. Donnan village would demand better school facilities than even the new site would afford. It would ask to be set off in an independent district and have its own local school, taking with it more or less of territory off the west side of the Holmes dis- trict. This would leave the schoolhouse on the new site considerably too far west of the geographical center and center of population of the district as it would theti be left, especially so since many of the residents in the eastern half live in the extreme eastern limits of the district. Therefore, taking all these things into consideration, while fully realizing how reluctant this department has always been to interfere with the discretionary acts of a board, we think it will be better for the schoolhouse to remain on the old site for the present. When a north and south highway shall have been actually con- structed and its location thus made certain , and when the necessities of the north- western portion of the district shall be more definitely understood, it will be easier to determine the needs of the district, and choose a site that shall be perma- nent, if removed from the present site. The board may then, if it sees fit, take action again on the question of relocation. The decision of the county superin- tendent is hereby Affirmed. J. B. KNOEPFLER, November 23, 1892. Superintendent of Public Instruction. Ole Thompson et at, v. District Township of Belmond. Appeal from Wright County. Testimony. Opinions unsupported by facts do not become satisfactory evidence. Discretionary Acts. The order complained of is reviewed not to discover the desirability of the action, but to determine whether sound reason and wise dis- cretion were followed. Discrepionary Acts. The fact that some other action would have been desir- able or preferable does not establish that the board abused its discretion. Board of Directors. Its action is presumed to be correct and for the interest of the district, until proved to be otherwise. Discretionary Acts. In the determination of appeals, the weight which prop- erly attaches to the discretionary actions of a tribunal vested with ongmal 3ur»ii- dicton should not be overlooked. This case comes before the superintendent of public instruction on appeal taken 52 SCHOOL LAW DECISIONS. by John L, McAlpine from the decision of the county superintendent reversing the action of the board in refusing to create certain additional subdistricts as prayed for in a petition. The point at issue is a siniple one, being merely a question of discretion on the part of the board as to whether it was best to take or not to take a certain action. 'ihe decision of the county superintendent compels the board to do what it did not deem wise or necessary. Doubtless there are instances when such a ruling on the part of the appellate tribunal is needed. But does the evidence warrant such a decision in the present case? The affidavit bringing the case before the county superintendent does not allege violation of law, or prejudice. Neither does such appear in the testimony. The law gives beards very wide latitude in the exercise of their discretionary powers. Not infrequently cafes arise in which an appellate tribunal would sustain their discretionary action whether they granted or refused to grant a given petition, there being no manifest abuse of such discretion in either action. In any event, the action of a board is presumed to be correct and for the interest of the district until proved to be otherwise. Mere opinions of witnesses that a different action would have been preferable cannot be accepted as evidence. Statements of facts and existing conditions must be gA'en. Even then the fact that some other action would have been desirable or preferable does not estabhsh that the board abused its discretion. It must be shown that the action complained of is an injury to the district or does gross and needless injustice to the patrons thereof. The decisions in this line by our predecessors are numerous and pointed, and we fully concur in the position taken. In the present case the evidence does not show that any one is made to suffer injustice by the board's action. Ample provision has been made to accommodate all of the pupils of the territory in question with school privileges. It is not in evidence that the formation of three subdistricts out of the one would improve these facilities, since the subdistrict now has three schoolhouses located for the convenience of the respective portions of said .subdistrict. For the county superintendent, or the state superintendent, to render a decision invariably as he would have voted had he bten a member of the board, is not what the law intends when clothing these officers with authority to try and decide appeals. Malice, prejudice, violat;on of law, is the board guilty of any of these? Or has it gone beyond sound reason and wif^e discretion in taking or refusing to take a given action? These are the questions for both tribunals to inquire into. While we believe the county superintendent endeavored conscientiously to hear and decide the present case fairly, yet in the light of the foregoing reasoning we do not find that the evidence discloses grounds sufficient for refusing to affirm the board, and the decision of the superintendent is iheiefore Reversed. J. B. KNOEPFLER, March 11, 1893. Superintendent of Public Instruction. J. O. Severeid and John Stenberg v. Ind.- District lf Fieldberg. Appeal front Story County . School Privileges. Are not guaranteed children elsewhere than in the dis- trict of their residence. School Privileges. To the fullest extent possible, the board should equalize the distance to be traveled to school. School Privileges. Attendance in another district depends upon the board ot that district, and must therefore be regarded as a contingency. The transcript in this case shows that on March 20, 1893, the beard in answer to a petition relocated the school site and made an order to move the schoolhouse on the site selected, the latter being more than three-fourths of a mile north of SCHOOL LAW DECISIONS. 53 the present site. John O. Severeid and John Stenberg appealed to the county superintendent who affirmed the order of the board. The same parties now appeal to the superintendent of public instruction. The essence of affidavit filed by appellants is abuse of discretion by the board because several families will be compelled to go two miles or more to reach the schoolhouse on the new site. The district consists of four sections in the southwest corner of Palestine township. The schoolhouse as now located is in the geographical center of the district and within a distance of one and three-fourths miles from the most remote patrons. In the northern part of the district, in fact on the extreme northern boundary, lies the village of Huxley. It is in the edge of this village, and therefore almost in the limits of the district that the new site has been selected. Two of the directors residing in said village and being the two who voted for the new location. The district has a school enumerating sixty-eight, of whom about forty live in Huxley. These pupils have been going to the center of the district, where the schoolhouse now is, a fraction over one and one-fourth miles. For the better accommodation of these pupils the removal was ordered. While some attempt is made to show that the site chosen is unfit, that the cost of moving will be excessive, and that there was undue prejudice, we do not find that any of these charges are sustained. We may therefore consider merely the element of distance to the new site. It is in evidence that some of the school patrons will have two and one-fourth miles to reach the new site, while there are five families with nine children whose distance will be over two miles, also that about twenty-nine children at present will be unfavorably affected and about thirty-seven favorably. While the new site will accommodate a majority of the pupils, still it is considerably north of the center of population. The board and the petitioners seemed to realize clearly that the contemplated site would leave several families at a great disadvantage as to school privileges, since they state that these families can be accommodated in other districts. They realized that an injustice would be done if these families should be compelled to travel to the new site for school conveniences. But there is nothing offered in evidence to show how said patrons can be accommodated elsewhere. It is not shown that they will be as near even another school as to their own, provided they might attend such a school. For aught that appears in the evidence, they may be three or more miles from any other school. Even if there be one nearer, there is no positive evidence that the board has made arrangements for the schooling of said pupils in another school, or even that it can make such arrangements. Wit- nesses say that they think said pupils could attend in some other district, but this belief merely cannot be received as satisfactory^ evidence on this point. What are the probabilities that such provisions can be made for the children of the five families under consideration? The territory on which these families reside cannot be set off to another district for the reason that territory cannot be detached to districts in a different township as would be necessary in this case . Neither is it legal to reduce independent districts to less than four sections except in special cases. See chapter 133, laws of 1878, as amended by chapter 131, laws of 1880, page 84, S. L. 1892. The board is not sure of securing school privileges for said pupils elsewhere without such transfer of territory, because it will require the concurrence of another board which may absolutely refuse. In any event the board of Fieldberg inde- pendent district is not able to guarantee school privileges to these families elsewhere than in their own district, since the matter does not rest wholly in its own power. While the law does not as many suppose, prescribe a maximum distance for school travel, yet by permitting provisions to be made under given conditions for children to attend other schools than their own when they live more than one and one-half 54 SCHOOL LAW DECISIONS. miles from the latter, it is evident that the legislature regarded this distance about as far as a cniid should travel to reach school. It is the duty of the board to furnish reasonable facilities in its own district for all the children thereof. Even a minority of only five families has rights and claims which may not be ignored. To give a majority of the district located in a village convenient school privileges by practically cutting off others entirely from any privileges of education, we believe after long and careful study to be an abuse of discretion sufficient to warrant reversing a board taking such action. The distance these families will be compelled to travel to school will be such as largely to deprive them of their just rights in the matter of enjoying school accommodations. We are aware that this department has ever stood for sustaining the discretion- ary acts of a board. In this case, however, we believe that abuse of discretion has been fairly proven by the appellants. Doubtless the board had not fully consid- ered the fact that rights of appellants could not be so ignored in the effort to improve the school conveniences of other parts of the district, or did not consiJer that providing school privileges for appellants in some other district is hed^^ed about with such complications and uncertainties. The case is d fferent from what it would be had theirs been a district township instead of an independent district. In the former case the matter would be much more in its own hands. It could rearrange boundaries to accommodate those at too great a distance from the new site, a matter which the board in the present case cannot do. If it was satisfac- torily established that said families had been or could and would be permanently provided with better school facilities elsewhere such accommodations being annually dependent upon conditions in the district in which they might desire to attend, especially in the disposition of each new board, it would have been a comparatively clear case for affirming the action of both board and county superintendent. Because the distance of five families is to our mind needlessly increased and their school privileges nearly cut off and because there is no proof that another schDol is nearer, with provision that they could attend such school, if there is one, and it seeming quite doubtful whether such provision can be made at all, we feel thnt the interests of said families should be protected. We have no reason to question the intentions of any parties connected herewith. We simply state that in our opinion the board did not consider the difficulties in the matter of providing school facilities for the five most distant families. The decision of the superintendent is Reversed. J. B. KNOEPFLER, August 14, 1893. Superintendent of Public Instruction, Bradford Ingraham v. District Township of Hartford. Appeal from loiva County . SCHOOLHOUSB SiTH. It is not the province of an appeal to determine which of two sites is the better. Testimony. If selfish or other iitiproper motives are complained of, the testimony must show such facts conclusively. The history of this case is brief. March 20, 1893, the new township board having then just organized, on motion appointed a committee of three to relocate the site of schoolhouse in subdistrict number eight, said site to be near the geographical center of said subdistrict. On the twentieth of May, at a special called meeting, it was moved to reconsider the motion to relocate the schoolhouse in subdistrict number eight, which motion was carried. By another motion the commitiee appointed at the former meeting was discharged. It is from this action of the board on May 20th that Bradford Ingraham appealed to the county superintendent SCHOOL LAW DECISIONS. 55 and from the latter's decision affirming the action of the board, to the superin- tendent of public instruction. In his affidavit, Mr. Ingraham alleges that the board was influenced by selfish motives and further alleges in effect that the board abused its discretionary powers. The abuse of discretion, if such it is, consisted in the unequal distance of travel from the different parts of the subdistrict to the schoolhouse. A care- fui reading of the case as filed in the transcript, fails to disclose any selfish or improper motives on the part of the board, and we dismiss this charge without further comment. Counsel for appellant discusses at some length the effect of a vote to recon- sider, and then not reconsidering, not voting on the former motion. It is claimed that the board merely voted to reconsider former motion to relocate, and that no further action being then taken, the motion to relocate remained before the board until it should be acted upon one way or the other , or that not being taken up within a month, it was terminated, leaving the previous action thereon in force. Counsel for appellees claims if the first be true, then the case should have been dismissed, as no action had been taken from which to appeal. Technically the vote to reconsider the former motion placed said motion before the board again, as if it had not been voted on, and left it ready for debate and adoption or rejection But it is clear that the board intended to rescind its former action and evidently understood the word reconsider in the sense of rescinding. It is quite a common misapplication of the word. That this was the intention is the more conclusive, when we note the subsequent vote of the board in discharg- ing its committee. In providing for appeals before the county and state superintendent, it was the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy, stripped ot undue technicalities, for certain classes of grievance. Holding this view, we must recognize the intent of the board, rather than what it did under a technical construction of language. Apparently the board itself made the relo- cation and appointed a committee chiefly to arrange the details and see to the removal of the schoolhouse. At the May meeting no action was taken by the board on the report or statement made by the committee. The resolution of the board at the March meeting located the site about eighty rods east of the old site. The rescinding of this amounted to a new location or to undoing the former action, a thing they clearly had a right to do. Members of the board had changed their views. No evidence is introduced to show that either site is in itself unsuitable. It is merely a question of distance. It is a question of moving the schoolhouse away from some and nearer to others Neither site would seriously discommode any one according to the plat sent up with the transcript. It is in evidence that only one more pupil would be better accommodated at the new site than at the old. It is not the province of this department, nor of the county superintendent, to determine which of the two sites is the better. An appellate tribunal in such cases may determine only whether the board has chosen a grossly unsuitable or unjust and unfair site. If so the board should be reversed. If not, it should be sus- tained, even though a better site could be found. In the present instance, no gross injustice is done, no manifest error committed. In fact both sites are go 3d, and we should be compelled to sustain the board on appeal in the selection of either the present or new site. We hold that the county superintendent committed no error in affirming the action of the board when it practically rescinded its former motion for relocation and chose to keep the old site. His decision is therefore Affirmed. J. B. KNOEPFLER, December 21, 1893. Superintendent of Public hiUruciion . 56 SCHOOL LAW DECISIONS. W. S. Kknworthy et al. v. Indhpbndent District of Oskaloosa.. Appeal from Mahaska County *. Discretionary Acts. The order of a board should be reversed only upon tha plain showing that the law has been violated or discretion grossly abused. Board of Directors. Has full power to provide and enforce a course of study. Rules and Regulations. The burden of proof is with the appellant to show that a rule is unreasonable. The history of the case is this. The board has a regulation that all pupils shall provide themselves with text-books suitable to their grade, and that failing to do this they shall be suspended until they comply with the rule. The children of the appellants were under this rule suspended from school for not being provided with the music books in use in said schools. The parents appealed from the ruling of the board to the county superintendent who reversed the action of 'h ^ board, and the board appeals. It is an estaoiished rule that the action of a school board should be reversed only upon the showing that it has abused its discretion or violated the law. In this case the county superintendent avers that it violated the law in that it did not advertise for bids as required by section 5 of chapter 24, Laws of 1890, before the music books were adopted. There is nothing in the transcript to show that it was acting under the pro- visions of this chapter, which it could not do unless so instructed by the electors of the district. See section 12 of said chapter. So much of the county superin- tendent's decision as refers to this may then be dismissed from the case. It is further claimed that it abused its discretion by adopting an unreasonable rule. This is the real question at issue. With their power to establish and maintain graded schools, all boards are invested with the authority to prescribe a course of study in the different branches to be taught. It is not our province to determine what the courts might hold in this case. They have held that in case a pupil refuses to conform to a course of study as prescribed by the board, the proper remedy is suspension and not cor- poral punishment. See 50 Iowa, 145. They have also held that a rule suspend- ing a pupil for a certain number of absences or tardinesses is reasonable, and may be enforced. See 31 Iowa, 562. It is true that they also have held that a pupil may be suspended only for gross immorality or persistent violation of rea- sonable rules. See 56 Iowa, 476. In this case it is nowhere shown that the children would in any way be injured by the study of music, or that their health or well being demanded that they should be excused from the study in question. There is fair ground for considering the refusal to purchase the books as a failure to comply with a reasonable regulation of the board . The rule of the board was made so as to bear with equal force upon all the pupils in the school. And in order to make it as little oppressive as possible it offered the books at the least expense possible, and that none might be deprived of the benefits of the study the board authorized the teachers to loan the text-book in music without charge to children whose parents were in indigent circumstances. The law has invested boards with very large discretionary powers, under which they may grade the schools and establish such regulations as may seem to them best for the interest of the entire school. The burden of proof in this case was with the appellants to show that the rule is unreasonable, or that in obeying it their children would suffer some hardship. This we think they have failed to do, and the decision of the county superintendent is therefore Reversed. HENRY SABIN, Februarv 12, 1894. Superintendent of Public Instruction- SCHOOL LAW DECISIONS. 57 Ella Benson and Belle Robertson v. Dist. Twp. of Silver Lake. Appeal from Dickinson County. Contract. It is the province of the courts of law to decide as to the validity of a contract. County Superintendent. Does not have the power to interpret the legal value of a contract. This case turns upon the construction to be given to a contract. The validity of the contracts in the sense claimed by the appellants is questioned and denied by the board . The teachers assert that said contracts are of full force for the nine school months named in the contracts, and the board contends that no authority was granted by it to any one to contract for more than six months, and that therefore the contracts can have no force beyond the term of six months. It is the province of the courts of law to decide as to the validity of a contract. In the trial of an appeal as soon as it becomes clearly apparent that the principal issue is of a kind intended by our statutes to be heard and determined only by the courts of law, the appeal should be dismissed. As the real matter to be decided in this case is what the contracts actually are and what force must be given to their essential conditions, it follows that the county superintendent did not err in dismissing the appeal for want of jurisdiction. This case is not parallel with Kirkpatrick v. The Independent District, etc. , 53 Iowa, 585, in which it is held that the remedy of a teacher wrongfully discharged is appeal, and not an action at once in the courts to recover compensation , In the present case the board did make an order discharging these two teachers, but it is clearly apparent that the county superintendent could not review that order of the board without proceeding upon the assumption that the contracts had force and validity, and he did not have the power to interpret the legal value of the con- tract. We are compelled to find that the only remedy of the appellants is an action in a court of law. The decision of the county superintendent is affirmed and the case Dismissed. HENRY SARIN, August 11, 1894. Superintendent of Public Instruction. Samuel Fallon v. Independent District of Fort Dodge, Appeal from Webster County. Attendance. An actual resident may not be denied equal school advantages with other residents. Board of Directors. May adopt its own course to decide the question of actual residence. Tuition. Failing to substantiate a claim to residence, a non-resident may attend school only upon such terms as the board deems just and equitable. In this case the two sons of the appellant, aged nineteen and sixteen years, were refused admission to the schools unless they would pay tuition. They claimed to be residents of the district and that they were entitled to the same privileges as other residents. Being denied admission they appealed to the county superintendent, who affirmed the order of the board. The entire case turns upon the fact of the residence of the children. If a board concludes that a child is an actual resident, it cannot deny him equal school advantages with other residents. But if it cannot be satisfied that an applicant is an actual resident, then it is its duty to make the same requirements that arc demanded of other scholars who may be sojourning temporarily in the district. It will be of interest to inquire as to who may decida definitely the question of 58 SCHOOL LAW DECISIONS. residence, and as to the manner in which the matter should be considered. In view of the fact that the matter has given a great deal of trouble in a number of districts, this department has had occasion frequently to submit questions involv- ing some phases of the subject to the attorney-general for his official opinion. In one of these opinions he uses the following language, which we think is quite applicable in this present case: * ' It may be said that it is nowhere provided in the law what course the board of directors shall pursue in determining whether a pupil is a resident of the dis- trict, nor is the board directed as to the kind of evidence that shall be produced, nor as to the manner Qf producing it in determining such question. In the absence of such a provision directing the board as to its course of proceeding in such cases, 1 think that body may adopt any course it sees fit and take any kind of evidence it chooses in deciding this question of residence. I think it may make such decision from its own knowledge of facts; from the observations of the members; from the statements, sworn or unsworn, of parties who have knowledge of the facts, or from any other fair and impartial method of obtaining information bearing upon the point at issue. I do not think the board has power to compel the attendance of witnesses, or to administer oaths to them; but in gathering its information and in deciding the question , it must act in entire good faith and with a view to getting the exact truth and making its decision according to the very right of the matter." It is in evidence that the board in this case acted with deliberation, and it is not claimed that it failed to receive any testimony or statements that would tend to make a final determination of the matter by it any more clear or conclusive. In reviewing its decision on appeal the county superintendent was unable to find that it had abused its discretion, had acted without the fullest information within its reach, or had arrived at any other than an equitable conclusion. This department has continuously held, in interpreting section 1794, that the board is to be satisfied that the residence of the scholar is actual. The burden of proof rests upon the child who has recently come into the district, to establish the fact of residence, before he can be admitted to school privileges free of tuition. Failing to convince the board and to substantiate his claim of residence, he can attend only upon such terms as the board may deem just and equitable. In this case we do not find that the county superintendent erred in affirming the order of the board requiring the children of Mr. Fallon to pay tuition as an essential condition to attendance. His decision is therefore Affirmed. HENRY SABIN, September 1, 1894. Superintendent of Public Instruction. G. O. RoGNESS V. District Township of Glhnwood. Appeal from Winneshiek County. Appeal. Will lie from an action of the board which is made a matter of record. Appeal. May be taken from the action of the board in laying the subject-matter of a petition on the table. It appears that at a meeting of the board, held September 17, 1894, Geo. O. Ro^ness presented a petition asking that the board redistrict said township, and also that an extra school be kept for four months in a certain school building, situated on the farm of E. Bolson. By vote of the board said petition was laid on the table. An appeal was taken to the county superintendent, who dismissed the same on the ground that no action was taken by the board which could furnish the basis of an appeal. The case comes now on appeal before the superintendent of public instruction. The only point to b3 decided is whether an appeal may be taken from a vote SCHOOL LAW DECISIONS. 59 to lay on the table. The words of the law in section 1829 are that any person aggrieved by any order or decision of the board may appeal. The transcript sent up by the secretary in this case reads: ' ' Moved and carried that the bill (peti- tion^ of G. Rogness be laid on the table." It must be held that this constitutes an action on the part of the board. The motion to lay on the table was made, was voted upon, was declared carried, and is so recorded upon the secretary's book. The above conclusion is in accord with the unvarying opinion of this department for a long number of years. It is to be noted that in the case cited by counsel for the side of the district, in 71 Iowa, page 634, the supreme court does not attempt to decide what constitutes an action. It refers to cases in which the board purposely intend, by neglect or refusal, to avoid taking an action or making an order or decision. In the case we are now deciding, the board made an order, which the secretary recorded in the minutes, ' ' that the petition be laid upon the table." The decision of Super- intendent Abernethy (see S. L. Dec. 1892, page 62), that the motion to lay on the table ' ' furnishes a convenient method of disposing of the matter," appears to be to the point. The right of the board to make such a disposition of a case can- not be questioned, but it must be regarded as an action subject, like any other action, to appeal. After studying up carefully the precedents as established by the rulings of this department, and reading with equal care the cases cited by counsel, we can arrive at no other conclusion. The case is reversed, with the suggestion to the superintendent that he remand the case, in order that the board may take such furcher action as may seem fair and just to all concerned. Reversed. HENRY SARIN, January 11, 1895. Superintendent of Public Instruction. Mary Grey v. Independent District of Boyle. Appeal from Iowa County. Board of Directors. In locating a site the board acts wisely in taking into consideration the prevailing sentiment of the people. County Superintendent. Should reverse the action of the board only upon the clearest and most explicit proof of abuse of discretion. The history of this case is not different from that of many others. The school- house of the district is unfit for use, and the electors voted bonds to build a new one . By a vote very nearly unanimous they directed the board to locate the new house on a site 160 rods east of the present site. While we do not hold that this vote was binding upon the board, it showed at least the prevailing sentiment of the district, and the board acted wisely in taking it into consideration, in selecting a new location. See also case on page 75, S. L. Dec. 1892. As it was not able to purchase a site desired by the electors, the board chose one 30 rods farther west. From this action Mrs. Mary Grey appealed. The county superintendent reversed the order of the board and appeal is taken to the superintendent of public instruction. The transcript as sent up with the case reveals no new point of law to be considered. The proceedings of the board were regular and in accordance with the law. The evidence nowhere shows any pas- sion, prejudice, or malice, on the part of the board. The responsibility of selecting the site rests with the board, that body having original jurisdiction. See also case on page 138, S. L. Dec. 1892. The county superintendent having only appellate jurisdiction should reverse its action only upon the clearest and most explicit proof of abuse of discretion. Reference is here made to the case of Edwards V. Dist. Twp. of West Point, page 22, S. L. Dec. 1892, as presenting a very conclusive discussion of the principles involved. 60 SCHOOL LAW DECISIONS. While we always regret to be compelled to disturb the decision of a county superintendent, and concede that in this particular case the county superintendent was actuated only by the best motives, we cannot find any such satisfactory proof that the board erred, as would warrant the county superintendent in reversing its action. The decision of the county superintendent is Reversed. HENRY SABIN, August 26, 1895. Superintendent of Public Instruction. Mary Gregory v. W. A. McCorp, Co. Supt. Appeal from Polk County. County Superintendent. Unless a marked abuse of discretionary power is clearly and conclusively proved, his action in refusing or revoking a certificate will not be interferred with on appeal. Section 1767 provides that if the county superintendent is satisfied that an applicant possesses the requisite knowledge of the branches specified in section 1766, and a good moral character, together with the essential qualifications for governing and instructing children and youth, then said county superintendent shall grant a certificate to teach in the schools of his county, for a time not to exceed one year. If he is not satisfied that the candidate is adequately qualified in every one of these particulars, then the certificate may be denied. Section 1771 provides that the county superintendent may revoke a certificate for any reason which would have justified the withholding thereof when the same was given, provided that there shall be an investigation, of which the teacher shall have personal knowledge and be permitted to be present and make defense. It must be left entirely to the judgment of the county superintendent to determine what are the essential qualifications for governing and instructing children and youth. No court will attempt to control his discretion in this mat- ter. He may conclude that the teacher fails through laziness, moroseness of temper, want of self-control, or by reason of some marked physical defect con- cealed at the time of examination, or any one of many other points, without in the least impeaching the moral character of the teacher, or his technical knowledge of the branches to be taught. We are compelled to hold that the county superintendent had full and com- plete jurisdiction of the case at bar. The law provides that the teacher shall have the fullest opportunity to make his defense. The county superintendent was occupied nine days in trying this case. There can be no doubt that this provision of the law was complied with in every particular. The only other point to be determined concerns the abuse of discretion on the part of the county superintendent. A careful review of all the papers sent up in -the transcript fails to show any passion, prejudice or malice on his part. We find that the proceedings were regular and in accordance with the law. The counsel for Mary Gregory submits a large number of errors on the part of the county superintendent, but we cannot find that any one of them is vital to the case. The ralings made by the county superintendent have no material effect on the final decision of the case, and the exceptions of the plaintiff are passed over. Special reference is made to the case of Dougherty v. Tracy, page 17, S. L. Dec. 1892, in which this whole subject is thoroughly and fully discussed by one of the ablest men who ever occupied this office. The same discretion which the county superintendent has in issuing a certifi- cate, he possesses in revoking it. The supreme court has held that it cannot control such discretion, or substitute its own judgment for that of the officer. See 52 Iowa, 111. It is not for us to say that Mary Gregory is or is not a fit ptrson SCHOOL LAW DECISIONS. ^^^ to teach in the schools of Polk county. The law vests that right in the discre- tionary power of the county superintendent, and he must assume the responsi- bility. Unless a marked abuse of his discretionary power is clearly and conclu- sively proved, his action in refusing or revoking a certificate will not be interfered with on appeal See Walker v. Crawford, page 115, S. L. Dec. 1892. After a careful consideration of all the points involved, W3 find no reason t> warrant reversing the action of the superintendent. APFiRMdiD. HENRY SABIN, September 26, 1895. Superintendent of Public Instruction. E. E. Amsden v. Independent District of Macedonia. Appeal from Pottaiuattamie County. Affidavit. The affidavit may be amended when such action is not prejudicial to the rights of any one interested. Affidavit. Must be accepted, if sufficient to give the appellant a standing. Appeal Mere technical objections should not prevent the fullest presentation of the merits of the case, in the trial of an appeal. Testimony. Sufficient latitude should be allowed in the introduction of testi- mony to permit a full presen ation of the issues involved, even if irrelevant testimony is occasionally admitted. There are certain facts in this case concerning which there is no disagreement. The board of directors contracted on the twenty-sixth day of March, 1895, with E. E. Amsden, to teach upon terms clearly set forth in the contract as signed by both parties. Concerning the validity of this contract there is no doubt expressed. Upon the fifth day of July the said Amsden had a hearing before the board, upon definite and well specified charges. He was duly notified of these charges, was present both himself and by counsel at the time of trial, and was allowed to make his defense. The board took time for deliberation, and finally on the eighth day of July, made an order annulling the contract, and in effect discharg- ing the teacher. From this decision Mr. Amsden appealed to the county super- intendent, who on the third day of September, rendered a decision dismissing the case on account of the legal insufficiency of the affidavit. There are only two questions involved. Was the original affidavit sufficient to enable the county superintendent to assume jurisdiction of the case? And could the affidavit be amended at the time of trial? It must be held that the lapse of thirty days from the making of the order sought to be appealed from does not affect in any way the right of the appellant to amend his original affidavit. If he offered his amendment at the time of trial, he complied with the usual practice. Whether the amendment should be admitted depends upon its nature. If it set up a new and distinct issue, one not invjlved in any way in the original affidavit, then the county superintendent should refuse to allow the amendment to be made. See case on page 141 in S. L. Dec. 1884. An amendment is, however, admissible when it tends to correct mistakes or to make clearer or more explicit the charges contained in th3 original affidavit. See case on page 25, S. L. Dec. 1892. In the case at bar tho amended affidavit introduces no new issue and does not in any way prejudice the rights of any person. We think the county superintendent committed error in refusing to admit the amendment. Now as to the original affidavit. We do not understand what is meant by the term le,^al insufficiency. It is to be remembered that no very definite rules have been or can bj adopted for the trial of casjs before the county superintendent. 62 SCHOOL LAW DECISIONS. This department has always held that the system of appeals was intended as a speedy and inexpensive method of adjusting school difficulties. See case on page 25, S. L. Dec. 1892. The supreme court has held that it "is abundantly manifest that the legislature designed to afford an inexpensive and summary way of disposing of these cases." See 68 Iowa, 161. Mere technicalities cannot be allowed to intervene to defeat the ends for which the system of appeals was insti- tuted. The appellant sets forth in his affidavit that the board acted through passion and prejudice, and that he did not have the fair and impartial trial guaranteed to him by section 1734 On these as well as on other grievances set forth in the affidavit, the apppellant has the right to be heard before the county superinten- dent, to introduce testimony, and to be heard by himself or his counsel. The law makes it obligatory upon the county superintendent to hear such a case, to weigh carefully and without prejudice the evidence and the arguments, and to render his decision in accordance with his judgment. This is the more important in such cases, because the teacher has no other remedy in law of which he can avail himself. Through some informality which does not in any way affect the issues in the case, he should not be deprived of his right of appeal. We say nothing of the merits of this case. We know nothing of them. We believe the affidavit of appeal was sufficient to give the appellant a standing before the county superintendent, and that is the only point upon which we are called to pass. The case is remanded to the county superintendent, with directions to fix a time of hearing the same within fifteen days from the date of this decision, and to notify all concerned, that they may be present. Reversed and Remanded. HENRY SARIN, November 21, 1895. Superintendent of Public Instruction. D. C. McKee v. District Township of Grove. Ai>peal from Humboldt County. Subdistrict Boundaries. When an action has been reversed by the county superintendent, and that decision affirmed by the supermtendent of public instruction, the board cannot act again until a material change has taken place. ScHOOLHOUSE SiTE. When purchased need not necessarily be upon a highway. Discretionary Acts. An appellate tribunal is not to decide mainly whether the action complained of was wise, or the best that might have been taken, but simply whether a reversal is required by the evidence. In this case the board on September 16, 1895, made two orders. By the first of these it divided subdistrict number seven in said township into two subdistricts, to be known as number seven and number nine, and established the boundary line between them. By the second action it ordered the removal of the schoolhouse, now located on section 34, township 92 north, range 28 west, removed and located on section 33, township 92 north, range 28 west, on the Sherman and Dakota road, and authorized the president to draw an order for the payment of the same on report of the committee. From these two actions, D. C. McKee appealed to the county superintendent, who reversed both actions of the board and relocated the schoolhouse on the old site. From the order removing the schoolhouse D. C. McKee takes an appeal to the superintendent of public instruction. The former action of the board divid- ing the subdistrict and reversed by the county superintendent is not in the case. This simplifies the matter and leaves as the only point to bejconsidered, the dis- cretionary act of the board in ordering the removal of the building to the new site. SCHOOL LAW DECISIONS. 63 The district as at present constituted is four and one-half miles from east to west in extreme length . The two schoolhouses stand within a mile of each other. There are several points brought in by the county superintendent and in th« arguments of the attorneys which need but a brief notice. It appears that at a previous meeting of the board it took action removing the schoolhouse to a site near the present new site, which action was reversed by the county superinten- dent, and that there has been no material change in the district since that. This does not act as a bar in any sense to the present proceedings. For a full discus- sion of this point see P. O'Connor, Jr., v. District TownshH> of Badger, page 108, S. L. Dec. 1892. The only case in which the board cannot act again without a material change is when a former action has been reversed by the county superintendent, and on appeal to the superintendent of public instruction, has been affirmed. In the case at bar the county superintendent reversed the action of the board, but appeal was not taken to the superintendent of public instruction. Much stress has also been laid upon the question whether the road upon which the new site is located is a highway in the sense intended by the law. Section 1826 has reference to a case in which the board condemns a piece of land for schoolhouse purposes. But when said site is purchased by the board the provisioni of sections 1825-1826 do not apply. See, also, for a full discussion of this point, case oi H. D. Fisher v. District Township of Tipton, page 86, S. L. Dec. 1892. If the site selected and purchased should be inaccessible, it might be a case war- ranting the reversing of the board, but in the case at bar the site purchased by the board is on a highway, which both parties acknowledge has been traveled more or less for at least nine years. This leaves the only point for consideration whether the board abused its dis- cretion in ordering the removal of the schoolhouse. The location of the school- house is a matter entirely within the discretionary power of the board. Its action ought not to be reversed by the county superintendent without the clearest proof that it has acted through passion or prejudice, or from some improper motive. There is nothing in this case, whatever, to show that the board was not endeavoring to do what it believed to be for the best interests of all the people of the subdistrict. The vote in the board stood four in favor of removal and one opposed. We cannot discover that there are any reasonable grounds for reversing its action. We are not called upon to decide whether it acted wisely or unwisely, but simply and solely whether there is sufficient evidence to warrant the county superintendent in reversing its action on the grounds of abuse of discretion. We regret very much that we are obliged to reverse the action of the county superintendent, and do not doubt that he acted according to his best judgment. We are, however, compelled to decide that the board did not in any way so abuse its discretion as to warrant an interference. Reversed. HENRY SABIN, February 8, 1896. Superintendent of Public Instruction, Hugh McMillan v. District Township of Waveland. Appeal from Pottawattamie County. Board of Directors. It is the first duty of a board to co-operate with and assist the teacher in the conduct of the school. Teacher. A teacher may justly claim and expect to receive the assistance and advice of the board, and especially the help of his own subdirector, in the proper conduct of his school. 64 SCHOOL LAW DECISIONS. B)ARD OF Directors. In exercising its power in a semi judicial capacity, the board should be able to show the very best reasons for its conclusions. Teacher. It is alike due to the dignity of the board and the rights of the teacher that no one should be discharged except after thorough investigation and the clear- est proof. If possible, the teacher should be shielded from the stigmaof discharge. After a trial, conducted in accordance with law, the board, by a vote of three to two in a board of nine members, discharged the teacher for incompetency, in accordance with the provisions of section 1734. Hugh McMillan appealed to the county superintendent, who reversed the order of the board. John W. Rush, president of the board, appeals here. The proceedings of the board in this case were entirely regular, and it is not claimed that the law was violated by it in any particular, as to its manner of pro- ceeding. The question to be determined by us is, was the county superintendent warranted in finding that the board abused its discretion to that extent to require a reversal of its action in discharging the teacher. The testimony discloses a very undesirable condition in the school in question, as to the matter of discipline and the behavior of the scholars. The testimony discloses the fact that many of the older scholars, instead of being an assistance to the teacher, and a credit to themselves and their parents, were insubordinate, disobedient and disrespectful to the teacher. The testimony also discloses that the subdirector, instead of assisting the teacher in maintaining discipline and good order in the school, withheld that support so much needed by any teacher under such circumstances. It is not shown nor is it claimed that any of the board had visited the school for the purpose of aiding the teacher in enforcing rules for its government, as it is required to do by the first part of section 1734. Nor did the subdirector visit his school, as he is required to do by the latter part of section 1756. The testimony in the case is to the effect that after the incorrigible scholars were dismissed the teacher was much more successful in his work. We cannot find from the testimony that the teacher failed in any important particular to attempt to do his full duty by his school, and to regard equally the rights of every scholar. Under all circumstances, we think it is the first duty of any board to co-operate with and assist the teacher in the conduct of his school. This is the duty of the local subdirector in a peculiar sense, as he is in close relation to his own school and his teacher. A teacher may justly claim and expect to receive, the assistance and advice of the board, and especially the help of his own subdirector, in the proper conduct of his school. See case on page 135, S. L. Dec. 1892. It is often the case that a little timely assistance, offered at the right time and in the proper spirit, will aid a teacher very materially in maintaining good order and discipline in his school, and in preventing many difficulties from arising which might, under a different course, almost certainly tend to injure the efficiency of the school. In this case, two of the five members present at the trial voted to discharge the teacher, two voted in the negative, leaving the casting vote with the subdirector of the school, who, as we have seen, was out of sympathy with the teacher, and had failed to afford his assistance to a successful management of the school. While it is true that in general the discretionary acts of a board are entitled to great weight, yet it is also true that m exercising its power in a semi- judicial capacity, the board should be able to show the very best reasons for its conclu- sions. Except upon the clearest proof, and the most convincing reasons apparent to the board that the good of the school demands the discharge of the teacher, a teacher should be shielded from the stigma of discharge, and the authority of the board and the respect due the board and its teachers, should be maintained, by a decision on the part of the board to assist and support the teacher in bringing SCHOOL LAW DECISIONS. 65 his school to a conclusion as nearly as possible satisfactory to the board and cred- itable to himself. The decision of the county superintendent is Affirmed. HENRY SABIN, y^ay 20 , 1896 . Superintendent of Public Instt uction . S. B. Heath v. District Township of Iowa. Appeal from Wright County. CouTs'TY Superintendent. On appeal may do no more than the board might have done. Independknt District. The boundaries outside the town plat depending upon the petition of the electors, such boundaries may not be fixed until petitioned for. This is a case arismg under the amendment to section 1800 made by the Twenty- fifth General Assembly. It is the effect of this amendment that when a town or village has less than two hundred inhabitants and not less than one hundred inhabitants, the territory contiguous to such town plat may not be included in the proposed independent town district except on a written petition of a majority of the electors residing upon such territory outside the town plat. In this case the board refused to fix the boundaries of a contemplated inde- pendent town district. From its order appeal was taken to the county superin- tendent who reversed the order of the board and fixed the boundaries of a con- templated independent district, but different from the boundaries asked for in the petition presented to the board from the electors residing outside the town. Without considering any of the other merits of the case it becomes necessary to inquire whether the county superintendent might in reversing the order of the board, fix different boundaries than those petitioned for by the majority of the electors residing upon the outside territory. We find that the territory included in the contemplated district by the order of the county superintendent excludes at least four and one-half sections that were before included. Did the county superintendent have power to fix different boundaries for the outside territory from those petitioned for when application was made to the board, without first himself having a written petition from a majority of the resident electors upon the territory outside the town which said county superintendent included within the contemplated independent district? We think he did not. If our view is cor- rect it is decisive of the case and we will be compelled to reverse the county superintendent's decision. Not many cases have arisen under the amendment to section 1800, found in chapter 38, Laws of 1894. But it seems to us that there can be no doubt as to the intention of the general assembly to require that before tei-itory outside a town or village of over one hundred and of less than two hundred inhabitants may be included within a contemplated independent town district, a majority of the electors must consent that such boundaries may be fixed.- Any other conclusion Vv'ould seem to defeat the purposes of the amendment. It is not reasonable to urge that the county superintendent would have greater power on appeal than the baard would have. It will be noticed that this decision has no reference whatever to the merits of the case as to the boundaries which should be fixed for a town independent dis- trict. That matter is stdl within the discretion of the board under the limitations of the law. Reversed. HENRY SABIN,' A.igust 3, 1896. Superintendent ot Public Instruction. 66 SCHOOL LAW DECISIONS. Letha Jackson v. Independent District of Steamboat Rock. Appeal from Hardin County. Teacher. Full opportunity must be afforded the teacher to make defense against charges . Board of Directors. Is required by the law to visit the school and to aid and sustain the teacner in maintaining order ard disciplme. Teacher. Should not employ unsuitable and unusual methods of punishment. On the twenty eighth day of November, 1896, the board voted to discharge from its employ Miss Letha Jackson, the teacher in the intermediate room of its •chool. The reason, as spread upon the record, is that she inflicted inhuman and cruel punishment upon her pupils, especially upon Minnie Platts. An appeal was taken to the county superintendent who reversed the order of the board. Appeal was then taken to the superintendent of public instruction. There is no doubt from the testimony sent up with the transcript that Minnie Platts was insolent and disobedient, and also that the teacher failed to control her- self , and that they engaged in an unseemly squabble in the presence ot the school . It is also evident that the teacher was accustomed to use methods of punishment which are, at the best, not customary in well disciplined schools. Much of the tes- timony is conflicting, and that part of it relating to matters which occurred under A previous contract cannot be allowed to have any weight in determining this case. The contract, as placed in evidence, specifies that the teacher shall not make use of any cruel or unusual punishment in the discipline of the school. Whether ■he violated the contract in this respect is a matter to be determined by the board, and in doing so it may avail itself of any sources of reliable information within its power. The notice sent to the teacher, November 23, 1896, charges as follows: "for inhuman and unjustifiable punishment of pupils by pinching, pulling their ears, pulling their hair, and pounding their heads and faces with your fists, and pounding their heads on the wall, floor, and seats of the schoolroom with your fists." November 28th she was notified by the secretary that she was dismissed from the school. At a meeting of the board held November 27th, the president appointed the entire board an investigating committee. It appears that it carried on its investigation by questioning the pupils in Miss Ja;:ksoa's room, and that its vote to dismiss her was based entirely upon information obtained in this way, as appears in the records of November 27th. This method placed the teacher at an immense disadvantage. It would at least have been just to have examined these pupils in her presence, and that she should have been allowed to correct their mis- statements, if any, and to give the investigating committee her own account of the matter. We cannot consider this an impartial method of conducting an investi- gation against a teacher. Justice would seem to demand that she should have been furnished a copy of the findings of this committee, and should have been givea a reasonable time in which to prepare her defense. The board places on file the unanimous report of this investigating committee recommending that the teacher be discharged. It, in effect, finds her guilty and asks her to show cause why sentence should not be pronounced. Now, as to Miss Jackson's failure to appear before the board. Her physician sent a certificate to be read at the first meeting, stating that she was not able to attend on account of sickness. At the same meeting her attorney, Mr. Albrook, in a letter, asks that the board appoint Monday afternoon as a time for hearing the case. It appears to have been a reasonable request and should have been granted in justice to all parties. That Miss Jackson sent her statement denying the charges and averring that she, by her conduct, had given the board no occa- sion to investigate, furnishes an additional reason and a very strong one why she should have been given the opportunity to be heard by counsel of ber o\ru choos- SCHOOL LAW DECISIONS. 67 ing. We do not think that the board intended by an early adjournment to shut her counsel out Saturday night, but it ought to have shown an anxiety to have him present if possible, in order that it might ascertain the very right and justice of all parties in the case. Miss Jackson could very justly plead that her pres- ence would avail nothing after the board had before it a report signed by every member of that tribunal, saying that she ought to be dismissed from her school The board seems also to have forgotten that the law makes it its duty to visit the school and to aid and sustain the teacher in her efforts to maintain order and dis- cipline. It has duties on the side of the teacher as well as on that of the pupils or the community at large. We do not wish to be understood as upholding a teacher in the methods of punishment which appear in this case. To pull the hair or the ears of pupils, or so strike them with the fists, are relics of another age of school government, and cannot be justified today. We only reach the conclusion that the teacher did not have that fair and impartial trial before the board that is contemplated in the law. Therefore the decision of the county superintendent is Affirmed. « HENRY SABIN, April 7, 1897. Superintendent of Public Instruction. R. Odendahl etal. v District Township of Grant. Appeal from Carroll County. Appeal. Will not lie from joint aztion of boards making settlement of assets and liabilities. County Superintendent. Should dismiss an appeal as soon as it becomes cer- tain that the leading issue may be heard and decided only by a court of law. Jurisdiction. It is very undesirable to bring matters involving a money con- sideration before the county superintendent on appeal. Certain territory in the civil township of Grant and part of the independent district of Carroll was restored to the district township of Grant. A settlement of assets and liabilities between the two districts necessarily followed. Robert Oden- dahl and others were aggrieved with the conclusions reached by the two boards, and took an appeal to the county superintendent, who reviewed the questions pre- sented to him, finding in effect as to the time when the territory did actually become a part of the district township of Grant, as to the disposition of taxes dur- ing a period when the control of such territory was in controversy, and also whether the agreement entered into by the board should be changed by him. The first question we are required to consider is whether the county superin- tendent had jurisdiction to hear the case. If we find that he did not have juris- diction, it will of course be impossible for us to revievv the questions he de.er- mined, and we shall be compelled to dismiss the case for want of jurisdiction. It has been the uniform opinion of this department that appeal will not lie fr«>ra the joint action of boards in making the settlement of assets and liabilities required by section 1715, but that the only remedy, if the law affords relief, would be an action in court to protect the rights of the persons complaining. In order that the matter might be more authoritatively determined, so that this case may be a guide to school officers, we submitted an inquiry to the attorney- general, and quote briefly from his reply: "Your favor came duly to hand, requesting my opinion upon the following question: * The teacher's right to recovery for wrongful dismissal in this cshc was sustained in iio Iowa, 313. 63 SCHOOL LAW DECISIONS. "When the two boards have made a division of assets and liabilities, under section 1715 of the code, will a person claiming the settlement to be inequitable and insufficient as to the amount agreed upon have the right to appeal to the county superintendent from such agreement, that is, from such joint action of the boards taken as provided in section 1715, will an appeal lie? "The section in question provides that the respective boards shall make an equitable division of the then existing assets and liabilities between the old and the new districts; it also provides that in case of the failure to agree the matter may be decided by arbitrators chosen by the parties in interest. It has been held by our supreme court that under this section the boards of directors become a fpecial tribunal for the determination of the respective rights of the parties. And it is held that this tribunal thus constituted has exclusive jurisdiction. The action of the special tribunal, consisting of the several boards of directors, is not the action or order of a board of directors, but an order of a special court for the determination of the rights of the several new districts with reference to the assets find liabilities of the old district of which they formed a part. The statute does not give an appeal from such tribunal. My conclusion is that a right of appeal does not exist and a person claiming the settlement to be inequitable has no right of appeal to the county superintendent." The opinion of the attorney-general is decisive of this case. We think there are many added reasons why questions of this kind should not be heard on appeal before the county superintendent. That officer should not be compelled to review matters involving the jurisdiction over territory, the disposition of taxes, or the rfght and justice of a finding of boards upon a settlement of assets and liabilities. But these a court may very properly do, as its jurisdiction for such purposes is not questioned, and the precedents for the control of the courts over this class of cases are well established. It is very undesirable to attempt to bring matters involving a money consideration before the county superintendent on appeal. As soon as -t becomes clearly apparent that the principal issue is of a kind iataiii I by our statutes to be heard and determined only by the courts of law, the appeal should be dismissed. In this case it was the duty of the boards interested to make a proper settlement. If fraud or other irregularity was urged, perhaps a court would afford relief to a complainant, but an appeal to the county superintendent would not become a remedy . We are compelled to remand this case to the county superintendent with instructions to dismiss the case for lack of jurisdiction. Dismissed. HENRY SABIN, June 16, 1897. Superintendent of Public Instruction. CM. Baxter v. School Township of Bear Grove. Appeal from Cass County. Public Road to Schoolhouse. The board is bound to carry out the vote of the electors in the matter of opening roads to schoolhouses. Abuse of Discretion. The board may not substitute its own discretion for the clearly expressed instruction of the electors. At their regular meeting, on the second Monday in March, 1897, the electors voted a schoolhouse tax of $200 and instructed the board to open an east and west road to intersect a north and south road which would give Mr. Baxter access by the public road to his schoolhouse. Instead of carrying into effect the vote of the electors, the board took steps to secure a different road, and from their action in so doing appeal was taken to tne county superintendent, who reversed the order of the board, finding that the board should have attempted in good faith to carry out the expressed wish of the electors. The board appeals here. SCHOOL LAW DECISIONS. Qg It is shown in the testimony, and it is not den'ed, that the board thought best to attempt to secure the cheapest road possible, in order to provide a way by which Mr. Baxter could reach the schoolhouse. The real question in this case, and the one which the county superintendent was compelled to determine, was whether the board committed error in its discretion. From a careful examination of the entire case we must conclude that the county superintendent made no mistake in deter- mining that it is the duty of the board to make a strenuous effort to fulfill the intention of the electors. We think it was the duty of the board to carry into execution the vote of the electors, if possible to do so, and if not possible, the attempt should have been made, and the matter then referred back to the electors for further instructions. See first part of section 2778 and first division of syllabus ia appeal case on pa^e 17 S. L. Decisions 1897. We think it was not within the power of the board to-substitute its own discretion for the clearly expressed instruc- tion by the electors. It is clear that the electors intended to provide relief for Mr. Baxter. This could be done only by providing him with a public highway upon which his children could reach school. This matter isof such importance to Mr. Baxter, and the vote of the electors providing the means by which the road was to be secured was so definite, that we feel compelled to suggest to the electors that at their annual meet- ing on next Monday, the fourteenth day of this month, they indicate still more clearly their desires in the matter, and that they instruct the board what further steps shall be taken by the board. As indicated, we can see no reason to interfere with the finding of the county superintendent and his decision is therefore Affirmed. RICHARD C. BARRETT, Des Moines, March 9, 1898. Superintgndent of Public Instruction. John Martin v. School Township of Baker. Appeal from Guthrie County. Notice of Appeal. The superintendent of public instruction may not entertain an appeal unless thirty days' notice of such appeal has been served upon the adverse party. Costs. Before an appeal from the order of the county superintendent taxing costs can be entertained by the superintendent of public instruction, a motion to retax such costs should be filed with the county superintendent. The question involved in this case is the taxing of costs. In 1897 John Martin petitioned the board of directors of the school township of Baker for a school for the accommodation of his ten children. The board refused to grant the request of the petitioner. Appeal was taken to the county superintendent, who affirmed the action of the board. In rendering his opinion, the county superintendent ta.xed the costs, amounting to $30.75, to appellant Martin. From the action of the county superintendent Martin appeals to this department. Counsel for appellee moves the dismissal of the appeal for the following rea- sons: First, that notice of appeal was not given as is required by section 2820 of th? code of Iowa. Second, that ail of the record in the case was not certified to this department by the county superintendent, and for that reason the depart- ment should refuse to consider or entertain the appeal. Third, that the record nowhere discloses that the county superintendent, before whom the appeal was tried, ever had opportunity or occasion to pass upon the question of taxation of costs, that no motion or request was made for him to retax. Fourth, that said appeal from decision of county superintendent was taken too late. The question to be determined is whether this department has jurisdiction to hear the case. Section 2820 provides that "thirty days' notice of the appeal shall 70 SCHOOL LAW DECISIONS. be given by the appellant to the county superintendent and also to the adverse party." There is nothing in the transcript to show that this notice was served eit!-:er on the county superintendent or the adverse party. For many years it has been the holding of the supreme court of the state of Iowa that appeal can only be taken by serving a written notice upon the adverse party or his attorney, and the clerk. In the 74th Iowa the court rules that servke of notice of appeal is essential to give a court jurisdici ion of the case and that fact must be shown by the record. A recent general assembly makes similar provisions applicable in cases of appeal to this department. While it is true that only a partial record is presented, we are of the opinion that the transcript is sufficiently complete to enable us to pass upon the question raised. By this we would not be understood as favoring the. certification of only a part of the transcript, in case of appeal. In regard to the taxation of costs, the code of 1897 provides that in all matters triable before him the county superin- tendent "shall have power to issue subpoenas for witnesses which may be served by any peace officer, compel the attendance of those thus served, and the giving of evidence by them, in the same manner and to the same extent as the district court may do, and such witnesses and officers may be allowed the same compensa- tion as is paid for like attendance or service in such court, which shall be paid out of the contingent fund of the proper school corporation, upon a certificate of the superintendent to and warrants of the secretary upon the the treasurer; but if the superintendent is of the opinion that the proceedings were instituted without rea- sonable cause therefor, or if, in case of an appeal, it shall not be sustained, he shall enter such findings in the record , and tax all costs to the party responsi- ble therefor. A transcript thereof shall be filed in the office of the clerk of the district court and a judgment entered thereon be made, which shall be collected as other judgments." The question of costs is one entirely new to this department. Prior to October 1, 1897, any one aggrieved by the order or decision of a board of directors, could, without cost, appeal to the county superintendent and again to the superintendent of public instruction. The provisions of the law are plain. If the county superintendent is of the opinion that the proceedings were instituted without reasonable cause, or the case be not sustained on appeal, he shall tax all costs to the party responsible therefor. A careful study of the case reveals no error on the part of the county superintend- ent. The costs appear to have been taxed and filed as required by the statute. Any person aggrieved might, upon application, have had the same retaxed and all errors corrected . Counsel for appellant argues that the question at bar was presented informally to the county superintendent who over- ruled his objections, after having consid- ered the same. An additional transcript of the proceedings filed by the county superintendent, substantiates the claim of counsel but nullifies the force of it by stating "that no formal or written objections to the taxing of said costs were filed by said appellant, nor any motion to retax said costs." In the 101 Iowa, case of John Roane appellant V . J. A. Hamilton et at. involving the question of costs, the supreme court held that since no motion was made in the district court to retax costs, no consideration would be given the matter by the supreme court. It cannot, we think, be contended reasonably that rules of court practice, so far as applicable, should not be followed in matters triable before this department. A failure on appellant's part to avail himself of his legal rights may not wisely be overlooked here. In regard to the time in which appeal may be taken, the law provides that thirty days' notice shall be given. The transcript shows that the case was heard SCHOOL LAW DECISIONS. ^^^ by the county superintendent, January 7. 1898. The affidavit of appeal was received by special delivery Sunday February 6, and filed Monday February 7, 1898. We think appeal was taken in time since in computing time, the first dav shall be excluded and the last day included, unless the last day falls on Sunday in which case the time prescribed shall be extended so as to include the whole of the following Monday, Code, section 48, sub-section 23. While the counsel for appellee does not refer to the fact, we find in addition to the foregoing that the affidavit of appeal, presented is defective in this, that the notary, before whom appellant was sworn, failed to attach notarial seal. This however, has not been considered irremediable in the consideration of the appeal*. After having carefully considered the whole matter, we are of tbe opinion that the case is not legally before us, since the transcript fails to show service of proper notice and a motion to retax costs. The legality of this department entertaining any appeal in which a money con- sideration is the principal issue, is seriously questioned. Certainly neither the county nor the state superintendent is authorized to render judgment for money. Acts of these officers are held by the courts to be ministerial and not judicial. To burden this office with the adjustment of affairs involving such considerations as can best and only be determined finally by the courts, is, from our point of view, to place unncessary and unproductive labor upon the department. Dismissed. RICHARD C. BARRETT, Des Moines, Iowa, May 26, 1898. Superintendent of Public Instruction. Thomas Hudgens v. Independent District No. Ten, Cedar Falls Township. Appeal from Black Hawk County. Discharge of Teacher. A teacher cannot be discharged by the board, except after a full and fair investigation. Special Meeting. A meeting of the board, called for no specific purpose and of which the teacher was not served with due and proper notice, could not legally discharge such teacher. Defense. The teacher is entitled to a reasonable time to prepare for and make his defense. The refusal of the board to grant a teacher a single day's time in which to make such defense is not only an abuse of discretion but a violation of law. On the third day of January, 1898, Thomas Hudgens, a teacher in Independent District Number Ten, Cedar Falls township, was dismissed by; a majority vote of the board. From the action of the board he appealed to the county superintend- ent, who affirmed the order of the board. From his decision appeal is taken to this department. Section 2782, laws of Iowa, concerning the dismissal of the teacher, is as follows: "It may by a majority vote discharge any teacher for incompetency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the board, held for that purpose at which the teacher shall be per- mitted to be present and make defense, allowing him a reasonable time therefor." Did appellant have a fair trial ? Was the meeting held for the purpose of dis- charging the teacher or giving a full and fair investigation ? Did the teacher have a reasonable time to make defense ? In his decision the county superintendent says : "Then from the minutes of the school board as kept by the secretary, January 3rd, we must determine what occurred at this meeting." If the correctness of the record were unquestioned this would be true. In the case of Appleton Park v. Independent District of Pleasant Grove, this 72 SCHOOL LAW DECISIONS. department held that "the fact that the transcript referred to is not certified to by the secretary and the further fact that he was not present at the board meeting in question, and wrote the minutes as dictated from memory by the president of the board, three days after the meeting, fully justified the superintendent in ruling it out and in admitting parol evidence, " The testimony of the secretary of the board is to the effect that the original notes made by himself at the time of the discharge of the teacher were destroyed ; that the notes from which the certified transcript was made were written days after the meeting. His further testimony, which is not denied, is that the record of the meeting as finally certified to the county super- intendent was written by himself, aided by the president and another member of the board, after appeal was taken to the county superintendent. A record of such a character "made in view of appeal" can scarcely be said to be its own best evidence. In his decision the county superintendent quotes a former opinion of this department to this effect: * 'The discharge of a teacher is largely within the dis- cretionary power of the board. It is to guard the rights of the school, as well as the rights of the teacher. After a full and fair investigation it is its duty to act as it deems best under all circumstances of the case. This being the case, it is the duty of the county superintendent not to interfere with the action of the board unless he is convinced that it in some way abused its discretion. He is right in sus- taining the board even though as an individual he would have prefened some other action on his part." In the case at bar did the board make that full and fair investigation contem- plated? We think not. The evidence submitted reveals many irregularities on tha part of the board. The meeting was not called for a spe»nfic purpose. Appellant was not served with due and proper notice. The law provides that a reasonable time shall be given the teacher in which to make his defense. Appellant's request for a single day's time was refused. In fact according to the president's own tes- timony, no investigation took place. The school may not have been as ably conducted as the board desired, or in accordance with the particular views of the different members, but we cannot approve of the action of a board in discharging the teacher without first making that full and fair investigation contemplated by the statute. A teacher is the employe of the board and as such is entitled to its co-operation and support. For certain causes the teacher may be discharged, but only after charges prefered have been carefully and impartially investigated. We have given the case unusual attention and are forced to the conclusion that the teacher was noi accorded that investigation which the law intends. The decision of the county superintend- ent is Reversed. RICHARD C. BARRETT, Des Moines, Iowa, June 23, 1898. Superintendent of Public Instruction. R. A. Kletzing V. The Independent District of Montoiik. Appeal from Tama County. Discharge of Teacher. The action of" the board in discharging a teacher, after a full and fair investigation, will not be reversed unless it is clearly shown that the board violated the law, abused its discretion, or acted with manifest injustice. County Supbrintendknt. The county superintendent has only appellate juris- diction, and should sustain the action of the board unless it be clearly shown that they violated law or abused their discretion. On February 14th, J. D. Booher, resident of Montour, filed with the secretary of the school corporation a complaint charging the principal R. A. Kletzing with SCHOOL LAW DECISIONS. 73 incompetency, partiality, the infliction of inhuman and cruel punishment and general inability to govern the school over which he had supervision. The record, which is unquestioned, shows that a notice of the hearing was served on appellant and the time fixed for the nineteenth day of February, at which time all parties interested appeared. Appellant was represented by his attorney who filed a general statement denying charges preferred. Affidavit of appellant was also filed claiming that the board had negligently or willfully refrained from visiting the school or in any manner advised with or directed appellant in his conduct and management of the school. The hearing was con- cluded on February 26th and appellant was discharged by the unanimous vote of the board. Appeal was then taken to the county superintendent who reversed the board. The board appeals to this department. As it appears to us, the question to be determined is of sound judgment and dis- cretion and not of law. Should it appear that the county superintendent opposed his judgment to the judgment of the board, there is but one course for an ultimate tribunal to pursue. It is the earnest desire of this department to sustain decisions of county super- intendents. Their ofificial acts and the correctness of their views will not be set aside unless for cause. A similar principle should be held by county superintend- ents when called upon to pass upon the decisions or orders of boards of directors. For almost a third of a century it has been the holding of this department that discretionary action of a board should be affirmed on appeal, unless by the evidence it is clearly proven that the board violated law or abused its discretion. ' *If there is reasonable doubt the board is entitled to its benefits. The action of the board may not be wholly approved by the judgment of the county superintendent, but if it be not illegal or clearly unjust, it should be sustained." See Edwards et al. v. District lozunship of West Point, School Law Decisions of 1884. The county superintendent is a court of appellate jurisdiction and is compelled to sustain the action of boards unless the evidence clearly indicates that they have violated law, acted with passion or prejudice, or with manifest injustice, or abused their discretion In the case before us we are inclined to the opinion that the superintendent passed upon the case as though he had original instead of appellate jurisdiction, and failed to give due consideration to the discretionary power granted school boards. The power to discharge a teacher is conferred upon boards of directors by sec- tion 2782, which in part reads as follows: ' 'It may by a majority vote discharge any teacher for incompetency, inattention to duty, partiality, or any good cause, after a full and fair investigation made at a meeting of the board Jield for that pur- pose, at which the teacher shall be permitted to be present and make defense, allowing him a reasonable time therefor." Affiant, in appealing to the county superintendent, alleges that he was not accorded a full and fair investigation. In reversing the board the county superin- tendent .so found and assigned as a reason that Mr. Stevens, president of the board, appeared as the prosecuting attorney. We cannot concur with the view expressed by the county superintendent that appellant was not given a fair trial. That the board gave the case careful thought is shown by the fact that the hearing occupied nearly all of a week. Appellant was given every opportunity to prepare for his defense, to call witnesses, and was ably represented by his attorney. So far as we have been able to learn from the transcript, which appears to be complete, it is not shown that malice or prejudice was exhibited on the part of any member of the board. The fact that Mr. Stevens, the president of the board, is an attorney, may not be considered prejudicial. Naturally, as president, he would be expected to lea 1 in the iavesti- 74 SCHOOL LAW DECISIONS. gationof complaints, since in cases of this kind the board may not employ counsel. The claim that the board had negligently or willfully refrained from visiting the school or advising with the teacher, is worthy of most careful consideration. It is the duty of the board to aid teachers in the government and management of schools; to counsel with them and co-operate in the promotion of all the educa- tional interests of the district. It does not appear that members made regular and frequent visits to the school, but that general interest was manifested and a desire shown on the board's'part to strengthen the schools is evidenced by the fact that the course of study was revised, rules for the government of teachers and pupils adopted, and consultations held by members of the board with the principal. In his decision, the county superintendent finds that appellant Kletzing was obstinate and worked in opposition to the board of directors; that his punishment of pupils was open to severe criticism; that he was disliked; that he did not give satisfaction; that a very undesirable condition existed; and that he did not exercise that judgment necessary to carry on the school harmoniously and without fric- tion. The evidence clearly sustains the above enumerated findings. The opinion of the county superintendent is Reversed. RICHARD C. BARRETT, Superintendent of Public Instruction. Des Moines, Iowa, September 10, 1898. J. L. MuNN v. School Township of Soap Creek. Independent District Borndaries. The provision of section 2794 of the Code, requiring the board of a school township, upon proper petition, to establish the boundaries of a proposed independent district, is mandatory. Boundaries. Must include all of the city, town, or village, and also such contiguous territory as is petitioned for by a majority of the resident electors. County Superintendent. On appeal the county superintendent can make such order touching the boundaries as the board should have made. Time. The time in which to take the initiatory steps to form an inde- pendent district is not fixed by the statute. Completion. The provision of section 2796, "that the organization of such independent district shall be effected on or before the first day of August of the year in which it is attempted", is directory and has special reference to the levying of taxes. It does not apply where by reason of an appeal to the county superintendent, or to the superintendent of public instruction the completion is not effected until after such date. Election, The boundaries having been fixed, it is the duty of the board to give notice of a meeting of the voters of the territory included in the proposed district. Mandamus. Should the board fail or refuse to give the required notice of election, they may be compelled to do so by mandamus. Electors. The electors are the sole and final judges of the desirability of a separate organization. This case relates to the formation of an independent district out of a school township . Residents of the village of Belknap petitioned the board of directors to form an independent district. The board by a vote of two to six refused to establish the boundaries of the district. From the board's refusal, appeal was taken to the county superintendent. Before this officer motion to dismiss was made by appellee on the ground that mandamus and not appeal was the proper remedy. The statute provides that a writ of mandamus "shall not be issued in anv case where there is a plain, speedy and adequate remedy in the ordinary courts of law, SCHOOL LAW DECISIONS. 75 save as herein provided." Section 4344 Code. In the 73 Iowa, 134, case of Bar- netietal. v. Board of Directors Independent District of Earlham, the supreme court held that where the party has the right of appeal to the county superinten- dent, mandamus will not lie against a board of directors. It is provided in the school laws that "any person aggrieved by any decision or order of the board of directors of any school corporation in a matter of law or fact may, within thirty days after the rendition of such decision or the making of such order, appeal therefrom to the county superintendent of the proper county." Section 2818 Code. "Upon the hearing of the appeal the county superintendent is required to hear testimony on behalf of either party. The fullest opportunity is allowed for a thorough investigation of the matter of the appeal and the superintendent is required to make such decision as shall be just and equitable. And if the appellant is aggrieved at the decision of the county superintendent he may appeal in like manner to the state superintendent of public instruction." 35 Iowa, 444. We find no error on the superintendent's part in overruling the motion to dismiss. The superintendent reversed the board and established the boundary lines of Belknap, and ordered that the district consist of Che present town plat. J. L. Munn appealed to the superintendent of public instruction, who heard the case July 30th. At the hearing before this department, appellee moved to dismiss the case for the reason that the organization of the contemplated independent district could not be completed on or before the first day of August, 1898. The time in which to take the initiatory steps to form an independent district is not fixed. The law says: "Upon the written petition of any ten voters * * * such board shall establish the boundaries." A petition signed by the requisite cumber of voters might be presented at such a date as to preclude the possibility of completing the organization on or before the first day of August. To grant reasonable requests made by attorneys for continuance might also prevent the formation of districts. The wishes of parties interested could easily, be thwarted by dilatory tactics on the part of attorneys. Under the laws of this state both county and state superintendents are called upon to perform many and varied duties. Not infrequently engagements are made weeks and sometimes months in advance. In some cases it is quite impossible for these officers to grant a hearing and render a decision within the time mentioned in the statute. While it may be desirable that the orgaiization be perfected within the statutory time, we are inclined to the opinion that the date is only directory and has special reference to the levying of taxes. To sustain the motion to dismiss would establish a precedent far-reaching in its effects and one tending in many cases to hinder educational advancement. The record upon which the county superintendent decided the appeal shows the following facts, which are undisputed. The village of Belknap is located at the crossing of the Rock Island and Wabash railways on the east one-half (i) of sec- tion thirty-five (35) and the west one-half (i) of section thirty-six (36) and includes forty acres more or less. ' On the twenty-first of March, sixteen residents of Belk- nap petitioned the township board to form an independent district. At the 'irae action was taken by the board there was on file a petition signed by B. B. Shaffer and twenty-two other citizens asking that sections twenty-five (25) , twenty-six (26) , thirty-five (35) , thirty-six (36) and the east three-quarters (f ) of section thirty- four (34) be included in the proposed new district; also a petition from A. J. Blankenship and five others asking that the remainder of section thirty-four (34) and section twenty-seven (27j, less the northwest quarter (i) of the northwest •quarter (i) , together with the southeast quarter (i) of the southeast quarter (i) Di section twenty-two (22) be included in the Independent District of Belknap. 76 SCHOOL LAW DECISIONS. B, B. Shaffer and P. H. Burns presented an amendment to the original ShaflFer petition asking that it be amended by striking out the north one-half (i) of sec- tion twenty-five (25). The record however fails to show that the amendment was filed with the board of directors. With these petitions before it, what was the duty of the board? We regard the construction of section 2794 so important that it was submitted to Hon. Milton Remley, attorney-general, for his opinion. He says in part: *'The language of the section relating to the duties of the board is as follows: 'Such board shall establish the boundaries of a proposed independent district, including therein all of the city, town or village, and also such contiguous terri- tory as is authorized by a written petition of a majority of the resident electors of the contiguous territory proposed to be included in said district in not smaller subdivisions than entire forties of land in the same or in an adjoining: school township, as may best subserve the convenience of the people for school purposes, and shall give the same notices of a meeting as is required in other cases.' "The board of directors of the school township is elected by the people of the entire township. They may have interests antagonistic to the formation of an independent district. There seems to be but little left to the discretion of the board. They are required to include therein all of the contiguous territory proposed to be included in said district in not smaller subdivisions than forty acres of land. It seems to be obligatory upon them to include the territory pe'.itioned for, except where the proposed boundary line would divide forty acres of land, according to the government survey. They might, however, in case the convenience of the people of some subdistrict left out of the proposed independent district demanded it, include more territory than was described in the petition. The circumstances might be such that a few families, after the proposed independent district was carved out of the school township, would be practically left without school privi- leges. The law seems to require, in fixing the boundaries, that all of the contiguous territory petitioned for shall be included , but does not even inferentially prevent the board of directors, in fixing the boundaries, from including some not petitioned for. "I think the statute is mandatory, requiring the boundaries to be established by the directors, which boundaries shall include all territory petitioned for, and as much more as the judgment of the board of directors shall deem necessary to sub- serve the convenience of the people for school purposes It is also mandatory upon the board to give notice of the meeting at which the people may vote." To the question, ' 'In case an appeal is taken to the county superintendent from the action of the board in refusing to establish boundaries, should the county superintendent consider both the convenience of the people and the petition pre- sented by the majority of the electors, or is he limited to the petition alone?" His reply is: "He can exercise no power not given by statute to the board of directors, and can make such order as the board of directors should have made. In adding any territory not embraced within the petition he should certainly con- sider the convenience of the people, both in the proposed independent district, and also the convenience of any who are left in a school township; but like the board of the district township, he would not be authorized to omit any of the territory included within the petition from the proposed independent district. He is not, however, limited any more than the board would be by the petition in regard to adding to the proposed independent district land not included in the petition." Since it is the duty of the board and the superintendent, in case of appeal, to include in the proposed district at least all of the contiguous territory petitioned for, it only remains for us to do likewise. Our opinion is not final, however. The voters themselves are to determine whether or not they desire a separate organiza- tion. A careful consideration of the fa.ts in the case leads us to the opinion that SCHOOL LAW DECISIONS. 77 the formation of the independent district of Belknap is desirable; that it will accom- modate well a large number of children. At no distant day a graded school will be provided, and with modern equipment and trained teachers, pupils will enjoy advantages superior to those now granted them. In harmony with the petitions of the electors and the ruling of the attorney- general, it is therefore ordered that the independent district of Belknap be consti- tuted to contain sections twenty-five (25) , twenty-six (26) , twenty-seven (27) , less the northwest quarter (X) ot the northwest quarter (^) thirty-four (34), thirty- five (35), thirty-eight (38), and the southeast quarter (X) of the southeast quarter (X) of section twenty-two (22) of Soap Creek township. It is further ordered that in accordance with section 2794 the board shall take the necessary steps to provide for the holding of any election. The same to be held before November 1, 1898. Reversed. * RICHARD C. BARRETT, Superintendent of Public InUruction . Des Moines, Iowa, Oct. 1, 1898. J. L. MuNN V. School Township of Soap Creek. Appeal from Davis County. APPLICATION FOR REHEARING. New Questions. Questions not raised at the hearing before the county superin- tendent nor before the superintendent of public instruction at the time the appeal was heard by him cannot be considered for the first time on an application for a rehearing. Rehearing. The application for a rehearing will be denied unless sufficient reasons have been presented warranting a change in the former opinion . Application for a rehearing in the above entitled case is now made by the appellee, the district township of Washington, on the ground that ' 'this case does not decide whether or not an appeal lies where a board fails to take action." A review of the case shows that the board did act. It declined to establish the boundaries of the proposed independent district of Belknap. We do not under- stand that counsel contends otherwise. Affidavit of appellant Munn, made in taking appeal from the decision of the board, says: "The school board of said school township rendered a decision refusing to grant \hQ petitions of residents of Belknap and contiguous territory.'* Again, quoting from affidavit: "Said board erred in that they have no legal dis- cretion in said matter, and should have granted the independent district as asked for by said petitions. ' ' Attorney for appellee argues that only the single petition from the village of Belknap was refused and that others from contiguous territory are now before the board and may be called up and passed upon at any meeting. This point was presented both orally and in written argument by counsel, and was given due con- sideration before announcing former decision. In the case of Johnson v. School Township of Utica, appeal from Chicksaw county, the board had before it at its September meeting a petition requesting the formation of a new subdistrict. Without action the board adjourned to consider the petition the following February. At the trial before the county superintendent motion was made to dismiss the case on the ground that the petition was still before the board. The motion was overruled by the county superintendent. On appeal, this department, we think, rightly sustained the lower tribunal. In the case before us no action of the board could have barred more effectually the formation of the independent district. That petitions from contiguous terri- tory were before the board has not been questioned. •For decisif'n of supieme court in this case, see no Io«vs, 653. 78 SCHOOL LAW DKUiblUiNS. Our attention is again called to the time in which the organization of the inde- pendent district may be completed. No sufficient reason has been presented to warrant us in changing our opinion in regard to this point. The other question, whether or not the village of Belknap has sufficient popu- lation, was not raised at the hearing before the county superintendent nor this department and may not be considered now. The foregoing review disposes of the material points involved in the motion for rehearing. This department might have reversed the decision of the county superintendent and remanded the case to the board with instructions to establish the boundaries of the proposed district in accordance with the opinion of the attorney-general. Had this been done the only course for the board to pursue would have been to fix the boundaries of the district including all contiguous territory petitioned for. The course adopted appeared to be the more speedy and for that reason was chosen. As previously stated, our decision is not final. The law wisely leaves the final settlement covering the formation of districts, in such cases as this, to the voters themselves. If those residing upon the outside territory proposed to be included, desire to vote separately on the proposition, they may do so. Should a majority of the votes cast on such outside territory be against the proposed district, it shall not be formed. The application for rehearing is Denied. Richard C. Barrett, Superintendent of Public Instruction. Des Moines, Iowa, October 18, 1898. J.J. Griffith and L. C. Knight v. School Township of Middlefork. Appeal from Ringgold County. Schoolhoush Site. Other things being equal, a site in the geographical center of the district should be chosen . Cost of New Site. The fact that the selection of a new site would involve the expenditure of money for improvements, etc., should not unduly influence the board when such site is suitable and in the geographical center. This case involves the relocation of a schoolhouse site in subdistrict Number 3, Middlefork township. The district consists of five sections two miles in width by two and one-half miles in length. The site now owned by the district is eighty rods north of the center. While the transcript is not perfect, there is in it enough to enable us to gain sufficient knowledge upon it to pass an opinion. Exhibit "B" shows that J. J. Griffith, L. C. Knight and twelve other electors and patrons of the subdistrict petitioned "that the schoolhouse site be located at the center of said district, or as near the center as convenient." The request of petitioners was reasonable. They were acting in perfect har- mony with the law which provides that boards of directors ' 'may fix the site for each schoolhouse, taking into consideration the geographical position, number and convenience of the scholars." The vote to grant request of appellants was a tie. One member of the board having left, a vote to locate on the old site carried by a majority of one. On appeal the action of the board was affirmed by the county superintendent. A careful reading of the evidence leads us to the conclusion that a site at or near the geographical center should have been chosen. With all members of the board present the sentiment was equally divided. The testimony of two members of the board who voted in favor of the old site is significant. The president of the board in his affidavit of rebuttal says: ' 'My SCHOOL LAW DECISIONS. 79 recollection is that I stated to them (witnesses) that the schoolhouse should go to the center if it was a fit place, and that I did not intend to have it go there if I could help it." Just why the president of the board of directors should oppose locating a schoolhouse in the geographical center of the district is not clear. It cannot well be denied that other things being equal, a site in the center of the district should be chosen. A careful reading of the testimony shows that a site can be obtained nearer the center than that selected. The subdirector in Number 4 testifies: "I knew we would have to condemn the site and pay damages if we changed to a new site." Wise economy on the part of school boards is always to be commended, but the welfare and convenience of pupils should not be overlooked. We cannot concur in the apparent view taken that a site a quarter of a mile from the center must bo chosen to avoid condemning a new one and paying for same. Members of the board noted that a new site would have to be purchased, a well made, trees planted and outbuildings erected, and seemingly allowed these facts to unduly influence their vote. We very reluctantly interfere with the action of the board and the decision of the county superintendent. It is only because we are anxious that all patrons of the district may have reasonable school facilities that we do so. It is ordered that a site be obtained at the geographical center eighty rods south of the present one. If for any reason it is found impracticable to do this, the board is authorized to choose the most desirable site not to exceed fifty rods south of the residence of Mr. L. Maloy. Reversed. Richard C. Barrett, Superintendent of Public Insttuction. Des Moines, Iowa, January 7, 1899. O. F. Hale v. School Township of Riverdale. Appeal from Kossuth County. Appeals. Should be conducted with fairness and impartiality. Time of Hearing. If the county superintendent cannot hear testimony for both parties at the time set for such hearing, he should give the parties ample time later to make a clear and full presentation of their cause. At a special meeting of the board of directors held September 30, 1898, it was voted to change the schoolhouse in subdistrict number one, from the present site to a point one mile west. From the decision rendered, O. F. Hale appealed to the county superintendent, who affirmed the board's action. In appealing to the Superintendent of Public Instruction, appellant alleges errors as follows: 1st. He, the county superintendent, failed to take into consideration the geographical position, number and convenience, of the scholars and residents of the subdistricts, as required by section 2773, Code of 1897. 2d. That the trial being set for 1 p. m. on October 27th, he failed to appear until about 4 p. m. and then conducted the trial in such haste and evident impatience as to embarrass appellant whose witnesses had returned to their homes before the superintendent's arrival, and thus prevented him from fully present- ing his case. 3d. That he refused to allow your appellant to argue his case and adjournad the trial without affording appellant an opportunity to fully present his case. gQ SCHOOL LAW DECISIONS. It is due all parties in controversy that appeals be conducted with impartiality. The law expressly declares that notice of the time and place of hearing appeals shall be sent in writing by the county superintendent to all parties adversely inter- ested. It is expected that the utmost fairness will be shown. A failure on the part of the county superintendent to appear at the appointed hour set for hearing the case, is not an error of great consequence, provided ample time is given all parties to make a clear and complete presentation o£ their cause. We find no denial of errors charged and are disposed to remand the case to the county superintendent with the suggestion that he fix a time in the near future for hearing the case anew, and give notification to interested parties as provided by statute. Having heard the testimony, and considered the geographical position, number and convenience of the pupils, he shall then make such decision as may appear just and equitable. Remanded. Richard C. Barrett, February 3, 1899. Superintendent of Public Instruction. Irving J. Johnston v. Independent District of Sanborn. Appeal from O'Brien County. Restoration of Territory. The refusal of a board of directors of an inde- pendent district to concur in the restoration of certain territory may not be reversed except when clearly shown that such refusal was an abuse of discretion. County Attorney. It is not only wise but in conformity with law for the county superintendent to consult the county attorney before deciding an appeal. The proceedings in this case are founded upon section 2792 of the Code of 1897 and is brought to have several sections of land now included in the Indepen- dent District of Sanborn restored to the school township of Summit to which they geographically belong. The section to which reference is made above provides that territory so situated may be restored by the concurrent action of the boards of directors, and shall be so restored upon petition of two-thirds of the electors residing upon the territory proposed to be set off, provided the school corporation that is to receive back the territory and the county superintendent concur. The transcript forwarded in this case is very complete . It shows that a peti- tion signed by two-thirds of the electors was presented to the board of directors of the school township of Summit and the territory accepted. For some reason not apparent, it was not then presented to the county superintendent, but was laid before the board of directors of the Independent District of Sanborn. Said board failing to act, an action was brought at the May term of the district court in 1898 to compel action. In response to the court's order the board met and considered the petition on the eighteenth of June and rejected the same. From the decision of the board Irving J. Johnston et al. appealed to the county superintendent who affirmed the order of the board, and said parties now appeal to the Superintendent of Public Instruction. In all cases of appeal the county superintendent is charged to make such decision as may be just and equitable. It is alleged that the decision rendered is not that of the county superintendent, but one given by the county attorney. We cannot concur in the view taken by counsel for appellants. It is not denied, however, that the county attorney did submit to the county superintendent an opinion. In fact the complete opinion of the county attorney is made apart of the transcript. Having heard the evidence, we think she acted wisely and ia oon- SCHOOL LAW DECISIONS. 81 forraity with law in requesting the county attorney for the correct iaterpretation of the law relating to the issues, before deciding the appeal. It is also alleged that the county superintendent erred in refusing to concur with the board of directors of the school township of Summit as provided in sec- tion 2792. A careful reading of the transcript convinces us that the appeal is not, in this instance, from the action of the county superintendent in refusing to con- cur, but from her decision in affirming the order of the board of directors in rejecting appellant's petition. The question to be determined then is whether the board of directors of the Independent District of Sanborn in refusing to concur in the restoration of territory abused its discretion or violated law. The latter is not claimed. It is contended that the restoration of the territory is desired in order that additional school facilities may be provided for the children of the school town- ship of Summit. Such moiives are commendable. Doubtless, the refusal to consent to the transfer of territory is, in part, for the reason that better school facilities are provided appellants by the board of directors in the Independent Dii- trict of Sanborn. As a part of the Independent District of Sanborn those residing upon the terri- tory in question enjoy several advantages. Among them is that of attending a well graded school in which is taught not only the common school branches, but the advanced studies as well. Again, if territory is detached it becomes necessary for pupils to travel from the town while now not infrequently conveyances in the regular order of business carry children both to and from school. That these advantages are appreciated is evidenced by the remonstrance signed by all but one of the present electors having children of school age, and presented to the board of directors of the Independent School District of Sanborn prior to its action on the eighteenth of June. If pupils of the school township of Summit are not enjoying school facilities such as are most profitable and the board is desirous of securing increased advan- tages, it may arrange with any person outside the board for their transportation to and from school in the .same or in another corporation. Expense incurred for such services may be paid from the contingent fund. Having carefully considered all of the facts and circumstances entering into the merits of the case, we can find no reason to warrant us in disturbing the decision of the county superintendent or setting aside the action of the board. Affirmed. RICHARD C. BARRETT, Des Moines, Iowa, Feb. 8, 1899. Superintendent of Public Instruction. E. F. Bacon v. The Independent District of West Des Moinks. Appeal from Polk County. Expulsion of Pupils. Pupils may be expelled by the board for immorality, violation of the regulations and rules established by the board, or when their presence is detrimental to the best interests of the school. Jurisdiction. The board of directors of a school corporation have no jurisdic- tion over children after the termination of the school year. Existing School. The order expelling a scholar must be from an exitting school. The scholar's relationship with the school is severed when thu school year has closed and vacation has begun. The facts presented for consideration in this case show that on the third day of June, 1898, the superintendent of the West Des Moines city schools, in accord- ance with the provisions of section 2782 of the Code, notified the president of the 82 SCHOOL LAW DECISIONS. board of directors of the suspension of certain pupils, among them Julius Bacon, «on of the appellant, for acts of disorder, insubordination, and for conduct detri- mental to the best interests of the school. On the sixth day of June the board of directors met in regular session and was addressed by the appellant in behalf of his son. Several of the suspended pupils present also spoke, acknowledged their wrong and asked for reinstatement. Julius Bacon acknowledged his error but pleaded extenuating circumstances . The board then adjourned without action until June 13th, a week after the close of the school year, at which time Bacon was expelled for one year from June 3, 1898, and the others from four to seven months. From the action of the board E. F. Bacon appealed to the county superintendent who heard the case in regular form and affirmed the action of the board. Appel- lant now appeals to the Superintendent of Public Instruction. The law provides that the board of directors may expel any scholar from school; first, for immorality; second, for violation of rules; third, when the pres- ence of the scholar is detrimental to the best interests of the school. To warrant the board in exercising its expulsive power it is not necessary that the scholar be a corruptor of youth, or a flagrant, or a persistent violator of the established rules. It may, if occasion requires, sumnarily expel a pupil whose presence is considered harmful to the best welfare of the school. To deprive a pupil of school privileges however is an act of so much conse- quence that it should be decided upon only after all the circumstances entering into the case have been thoughtfully weighed. The provision authorizing boards to expel when the presence of any scholar is harmful is a recent enactment. Formerly courts held that pupils could be expelled from school only as a punishment for breach of discipline or for offenses against good morals. Instances have arisen where pupils intellectually the superior of their associates and possessed of high ideals in many respects have, without displaying a spirit of insubordination themselves or openly disregarding the expressed wishes of those placed over them, become leaders and incited others to open revolt against the ■chool authorities. Recognizing the weakness of the former provisions of law to deal with such cases, the General Assembly in revising the Code inserted the third division above given in order that boards could protect the interests intrusted to them. While the provision is an excellent one, the power conferred by it should always be exercised with great care and within proper and legal limits. Several questions are presented to us for consideration by counsel for appellant. In view of the construction we feel obliged to put upon section 2782 it is only necessary to determine the question: Has the board of directors of a school cor- poration jurisdiction over children after the termination of a school year as detei- mined by the board of directors? We are unable to find that this question has ever been determined by the supreme court of our state; hence to a certain extent reliance is placed upon the holdings of the judicial tribunals in other states. In a Nebraska case given in 48 Northwestern Reporter we find that an attempt was made to show that the board was justified in expelling a pupil because of an alleged insubordination. In answer to the allegation the courts said: * 'But the charge even if true relates to her conduct during a former term of school. We need not determine therefore whether the testimony sustains that charge or not . " Here the court declined to consider alleged charges of insubordination because they were committed at & Urfn of school having previously closed. The statute says that the board of directors have power to "expel any scholar from school". This language evidently means that before a boa?d of directors may issue a valid order expelling a scholar from school, there must be an existing ichool and also a scholar to be expelled therefrom . SCHOOL LAW DECISIONS, 33 The transcript shows that all school exercises for the year had closed , contracts had expired and teachers were released. While boards of directors are charged with the making of rules for the govern- ment of schools, we are not disposed to hold that the law authorizes them to exercise control over teachers and pupils during vacation. Notwithstanding the fact that the board in this case ordered one pupil expelled for four months, three of which are for the vacation months of June, July and August, we are not fully satisfied that the board claims such authority or wishes to be charged with the Responsibility. If such is the view taken, however, it cannot be sustained. Julius Bacon had been a scholar the past year but the relationship was severed at the time of the board's action. There is nothing to indicate that he would present himself and claim school privileges at the opening of the next year. We are always gratified when we can affirm the decision of a county super- intendent who has sustained a discretionary act of a board. A statement of fact such as was in this case presented to the county superintendent for his consider- ation would warrant an affirmance of a board's action in expelling a pupil for a reasonable time, if jurisdiction were not questioned. Inasmuch as there was no school and consequently no scholars we can only find that Julius Bacon was not subject to the authority of the board of directors of the school corporation of West Des Moines and could not therefore be e«ipelled. The decision of the county superintendent is Reversi d . RICHARD C. BARRETT, Des Moines, la., March 18, 1899. Superintendent of Public Instruction. E. F. Bacon v. Independent School District of West Des Moines. Appeal from Polk County. Application for Rehearing. Oral Argument. The failure of counsel for appellee to present oral argument, after being informed of the hearing, will not justify a reopening of the case. Rehearing. To warrant the superintendent of public instruction in granting a rehearing it must be shown that some very serious error has been made. The attorney for the appellee comes now and asks for a rehearing in the above cause for the reason "that the sole question considered by the state superintendent was one upon which this appellee was not heard in oral argument before him." For many years it has been the custom of the department of public instruction in hearing appeal cases to notify interested parties. The office record shows that both appellant and counsel for appellee were notified of the time set for final hear- ing. The failure of counsel for appellee to present oral argument after being duly informed of the hearing will not justify the department in reopening the case. It is somewhat doubtful whether under the law a rehearing is contemplated or possible. An examination of the statute fails to reveal any direct provision author- izing the same, while section 2820 relating to appeals to the superintendent of public instruction says: "The decision when made shall be final." Doubtless, upon being convinced that a decision rendered was erroneous, either the county super- intendent or superintendent of public instruction might recall the same and reverse or modify former holdings. To warrant either of these officers in reopening a case, it must be shown that some very serious error has been made, or that some additional testimony has been discovered which could not have been presented at the former hearing by using reasonable diligence. See case of Mary Grey v. Inde- pendent District of Boyle, S. L. 1897. In response to the application for a rehearing a willingness to receive and con- sider a written argument which counsel for appellee might submit touching ♦he 84 SCHOOL LAW DECISIONS. poiQt determined in our former decision was expressed by the superintendent of public ins' ruction. Before rendering our decision of March 18, 189P), all of the material points suggested were fully and carefully considered. Since the receipt of counsel's argument we have reviewed the case and read with care the cases cited, and believe that nothing would be accomplished by a rehearing. The application is Denied. RICHARD C. BARRETT, Superintendent of Public Instruction . Des Moines, Iowa, June 1, 1899. W. H.Messnek an'd Foster Riglerv. The School Township of Bear Grove. Appeal from Guthrie County. Bond for Costs. The law does not require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal. Expense of Appeals. It is the evident intent of the law to make it possible for aggrieved parties to have a hearing with the least possible delay and annoyance, and at the lowest expense. This case arises from the action of the board of directors of the school town- ship of Bear Grove to redistrict the same. From the board's action the appellants appealed to the county superintendent. In accordance with the statute the secretary of the board of directors filed a transcript of the board's proceedings March 15th. On the twenty-second of March the county superintendent notified appellants that the appeal was not perfected, and that unless bonds for the costs were executed , filed and approved within twenty days from the date of notice the appeal would be dismissed and the action of the board of directors affirmed. On the eleventh of April, the appellants having failed to com- ply with the order of the county superintendent the appeal was dismissed and the order of the board redistricting the township affirmed. From this order appeal is now taken to this department. Appellant's appeal from the ruling of the county superintendent in dismissing the appeal case, affirming the action of the board, and in requiring them to give bonds for costs: 1 . Because the county superintendent erred in requiring appellants to give bond for costs. 2. Because said ruling and action is, in fact, a denial of justice, in that it pre- vents appellants from having a trial and hearing as provided by law. An exammation of the law relating to the taking of appeals from the action of a board of directors to the county superintendent fails to show any requirement demanding a bond for costs from any of the parties in controversy. So far as we are able to learn, the only reference to costs in cases appealed to the county super- tendent, is that contained in section 2821, which reads: "But if the superin- tendent is of the opinion that the proceedings were instituted without reasonable cause therefor, or if, in case of an appeal, it shall not be sustained, he shall enter such findings in the record and tax all costs to the party responsible therefor." The general provisions of law touching the question of costs are in no sense applicable to cases of appeal to the county superintendent or the department of public instruction. On the contrary, the law provides that any person aggrieved by any order or decision of the board of directors may appeal therefrom to the county superintendent, and the basis of the proceedings shall be an affidavit filed with the county superintendent, within the time for taking the appeal. Nowhere can we find that the county superintendent is authorized to establish a different basis such as the giving of bonds for the security of costs. The evident intent of SCHOOL LAW DECISIONS 85 the law relating to appeals appears to be to make it possible for aggrieved parties to have a hearing with the least possible delay and annoyance and at the lowest expense. Believing that the law does not require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal taken from the action of the board of directors, the decision of the county superintendent is reversed and the case is remanded with instructions to fix an early date for hearing the same upon merit. Reversed and Remanded. RICHARD C. BARRETT, June 26, 1899. Superintendent of Public Instruction. Nora Oelke v. R. C. Spencer, County Superintendent. Appeal from Audubon County. Good Moral Character. The county superintendent should require proof that the applicant for a certificate possesses good moral character, unless he has personal knowledge of the same. Refusal of Certificate. Good moral character being one of the essential qual- ifications of a teacher, the county superintendent is fully justified in refusing a certificate to an applicant who fails to furnish satisfactory evidence of such char- acter . Normal Institute. The county superintendent may refuse to enroll such persons members of the normal institute as he has reason to believe are morally deficient. County Superintendent. Has large discretionary power in the matter of issuing or withholding certificates, and his decision will not be reversed unless it is clearly shown that he was prompted by prejudice or ill-will, or acted with manifest injus- tice. This case arises from the refusal of the county superintendent to grant Nora Oelke a certificate to teach in the public schools, and to enroll her as a member of the normal institute. A hearing was had on the twenty-third and twenty-fourth days of August, 1899, before the superintendent, who affirmed his former decision. Nora Oelke appeals. The law vests in the county superintendent large discretionary powers in the matter of issiiing certificates. He must be fully satisfied that the applicant pos- sesses scholarship, teaching ability, and good moral character. Of the last named qualification the law makes it his duty to require proof, unless he has personal knowledge of the same. Too great stress cannot be laid upon the value of character in the schoolroom. The teacher's character and public conduct should be without reproach. Section 2737 of the Code contemplates that the county superintendent, among other things, should find as a fact and so certify that the person to whom authority to teach is granted is of good moral character. The county superintendent, being charged with this grave responsibility, is presumed to exercise his discretion justly and impartially. Not only is he the sole judge of the qualifications of those who desire to teach, but also of how fully he will give the applicant reasons for the refusal of a certificate. Walker v. Crawford^ p. 42, S. L. Decisions, 1897. There is no evidence in this case that the action of the county superintendent was prompted by prejudice or ill-will. He privately cautioned the appellant, as well as her father, against certain indiscretions upon her part which had become a matter of public gossip, without receiving any satisfactory explanation. The superintendent, being a near neighbor to the appellant, formed his judg- ment as to her fitness to teach in a measure from personal observation of her con- duct. Although represented by counsel at the hearing before the county superin- tendent, the evidence offered in her behalf is very meager. So far as the record 86 SCHOOL LAW DECISIONS. shows, no evidence whatever was offered to show that she is of good moral char- acter . The refusal of the county superintendent to permit appellant to enroll as a mem- ber of the normal institute, is also assigned as error. Under the law the county superintendent has general charge and control of the normalinstitute. As its head he not only possesses the legal right, but in our opinion it becomes his duty to exclude from its membership persons who are intel- lectually or morally unfit to attend. Most educational institutions require testi- monials as to character before students are admitted. This rule is a reasonable one, and the head of a college or normal institute would be justified in refusing to enroll such students as he has reason to believe are morally deficient. Under the law we are compelled to give due weight to the acts of the county superintendent. His decision should not be reversed unless it is clearly shown that he violated law, abused his discretion, or acted with manifest injustice. The evi- dence fails to disclose that such showing has been made. The decision of the county superintendent is therefore Affirmed. RICHARD C. BARRETT. Des Moines, December 15, 1899. Superintendent of Public Instruction. J. M. Sutton v. The Independent District of Shelby. Appeal from Shelby County. Location of Schoolhouse Site. In the location of a schoolhouse site the board is justified in considering the wishes of a majority of the people as indicated in the vote upon the issuance of bonds. Expenditure of Money. Where money is voted by the electors for a specific purpose, or where they couple certain directions with their vote when authorizing the expenditure of money, such directions or vote may not be disregarded by the board . The board of directors, being about to erect a new building to be used for high school purposes, were petitioned to locate the same at a point east of the railroad track. From their action in refusing to grant the prayer of said petition, the plaintiff appealed to the county superintendent, who, on the twenly-first day of September, 1899, affirmed the action of the board. From that decision, appeal is taken to this department. It appears from the evidence that in March, 1899, the electors of the Independ- ent District of Shelby voted to authorize the board to issue bonds in the sum of six thousand dollars, "for the purpose of erecting an additional school building, the same to be built of brick , and purchasing a steam heating plant and placing it therein and in the present building in said district, in such a manner as that both the new and the present school building shall be heated thereby." It being sub- sequently found that the amount first voted would be insufficient, the electors on the third day of August voted an additional three thousand dollars upon the same condition as the first issue was voted. We are unable to find that the board abused its discretion or violated law in rendering the decision complained of. The members of the board were evidently desirous of carrying out the wishes of the people as indicated in the vote upon the issuance of bonds. To our mind it is quite clear that the electors authorized the issuance of bonds with the understanding that the new building should be erected in close proximity to the present one. Any other theory renders the clause, ' 'and placing a steam heating plant therein and in the present school building in such a manner as that both the new and the present buildings shall be heated thereby," practically meaningless . This department, as well as the supreme court of our state, has held that SCHOOL LAW DECISIONS. 87 where money is voted for a specific purpose, or where the electors couple certain directions with their vote when authorizing the expenditure of money, such direc- tions or vote cannot be disregarded. The decision of the county superintendent is Affirmed. RICHARD C. BARRETT, Superintendent of Public Instruction . Das Moines, December 14, 1899. J. E. Rxjsn etal. v. School Township of Franklin. Appeal from Allamakee County. Appeal. An appeal may be taken from the decision of the board to place a peti- tion on the table. In this case the appellants presented the following petition to the board of directors of the school township of Franklin at the regular meeting of the board of directors in September: "We the undersigned citizens and residents of Franklin, in Allamakee county, Iowa, respectfull\/ represent that they are without school advantages by reason of being so far from a schoolhouse that during the winter season nearly all of the small children in our neighborhood have to remain at home. '' That there is a sufficient number of school children of school age in our neighborhood to form a school if a school building could be placed near the sec- tion corners of sections 2, 3, 10 and 11. ' ' We therefore respectfully ask that you take such action as will secure the location and erection of a school building at the corners of the sections above named and provide for a school to be held at that point.*' The certified copy of the transcript of the proceedings of the board shows that ' 'after much discussion it was decided to place the petition on the table until the next meeting of the board." From this decision J. E. Rush et al. appealed to the county superintendent. At the hearing before this officer a motion to dismiss the appeal was filed on the following ground, to wit: * * That there is in the record no grounds shown for an appeal in this — that the action complained of was simply a motion to lay the petition on the table— a matter from which no appeal can be taken." Two other counts are assigned but are not of importance in the determination of this appeal. The county superintendent sustained the motion for the reason "that the action was not appealable ," and dismissed the case. J. E. Rush and W. T. Roderick appeal to this department. The main contention is: May appeal be taken from the decision to place the petition on the table. In the case of Rogness v. District Township of Glenwood, appeal from Winne- shiek county, this department held that the right of appeal from the vote of a board to lay a petition on the table, cannot be questioned, but like any other action must be regarded as subject to appeal. In this opinion we find ourselves in accord. To hold otherwise under condi- tions such ds are alleged to exist in this case would, we think, work great injury. The purpose of the board in laying the petition on the table is not apparent, but no other action upon their part could have more effectually prevented petitioners from obtaining relief. To sustain the decision of the county superintendent would, we think, at least be to encourage boards of directors in employing dila- tory tactics instead of business methods in the transaction of educational affairs. The law prescribes that boards of directors shall hold semi-annual meetings in September and March. By section 2801 authority is conferred upon boards of 38 iSUHOOL LAW DECISIONS. directors to divide the school township into subdistricts such as iustice, equity, and the interests of the people require. This provision in the case of Donelon v. The District Township of Kniest, was held to mean that changes in boundaries of subdistricts could only be made at the regular September meeting or one called for that purpose before the following March . The order of the board was that the petition be laid on the table ' 'until the next meeting of the board," but the records fail to show that any time was fixed for the meeting. It may be said that a special meeting could be called at any time. This is true, but the fact that no such meeting was held upto the time of hearing the appeal before the county superintendent on the nineteenth of December, and the further fact that appellees are now strenuously seeking to have this department affirm the decision, is presumptive that the board had no intention of considering the inter- ests of petitioners, prior to the annual meeting in March, if at all. In view of the above we think the case should be heard upon its merits by the county superintendent. It is therefore ordered that he fix a time, giving due and proper notice to interested parties, and after hearing testimony for either party, render such decision as may be just and equitable. Reversed and remanded. RICHARD C. BARRETT, Des Moines, Iowa, March 27, 1900. Superintendent of Public Instruction. A. J. Jones v. Independent District of Ocheyedan. Appeal fro7n Osceola County. Dismissal of Teacher. The board may not dismiss a teacher for refusing to teach grades or classes other than those named in the contract. Special Meeting. A teacher may not be discharged at a special meeting called for the purpose of securing modification of his contract. Contract. A refusal of the teacher to agree to a change in a legal contract with the board is no ground for discharge. On March 23, 1899, the appellant entered into a written contract in the usual form by the terms of which he was to "teach the high school and superintend the public school" in the Independent District of Ocheyedan for the term of twenty- four weeks, commencing in September, 1899, and was to receive for such service the sum of seventy- five dollars per school month. On September 11th, the opening day of the term, the board of directors at a special meeting convened at the schoolhouse passed the following resolution: "Whereas, the principal. A. J. Jones, has refused to accede to the request of the board in regard to the eighth grade being advanced to the high school room, he is hereby dismissed as principal and superintendent of the Ocheyedan public schools from this date, and his contract is hereby annulled." From the order of the board appeal was taken to the county superintendent, who affirmed the action of the board, and the appellant now seeks relief in this department. Appellant asks a reversal chiefly on two grounds, viz: (1) That the eighth grade was no part of the high school and for that reason it was no part of his duty to teacii it. (2) That he was not accorded that full and fair investigation contemplated by the law as set forth in section 2782. These two points will be considered in the order presented. 1. We find from the transcript that at a meeting of the board of directors held October 10, 1898, the appellant was requested to prepare a three years' course of study for the high school, and also a set of rules and regulations for the govern- ment of the schools. SCHOOL LAW DECISIONS. gg Appellees earnestly contend that the power to prescribe a course of study and rules and regulations, rests with the board, and that in the absence of delegated authority to re-delegate such power, no power exists to thus delegate, and any attempt to do so is void. This question we need not determine, as no action of the board shows that it attempted to delegate any authority to appellant. A reasonable construction of the board's action providing that the principal prepare a course of study, is that he might make such course as would in his judg- ment meet the needs of the schools under his supervision, and submit his report to the board for approval, modification or rejection. This method is that usually adopted by boards, and the principle has indirectly been approved by the supreme court. ^Hall v. Ind. Dist. Aplington, 82 Iowa, 686.) At a special meeting of the board on October 15, 1898, the course prepared by appellant, together with rules and regulations, was adopted, and according to the testimony of Mr. Underhill was, so far as completed, printed by him on the order of the board in November following, it must, we think, be conceded that the board adopted the course of study with suitable regulations. We are led to this conclusion by the further fact that the board on September 11, 1899, voted to rescind the action of October 15, 1898, in reference to the course of study. The query naturally arises, why this action if no course were adopted? The contract entered into by the board with appellant was made in March fol- lowing the adoption of the course, and, as above stated, provided that he should teach the high school, which, according to the classification adopted Oc oberI5th, consisted of the ninth, tenth and eleventh grades. Did the board have the right to dismiss appellant for refusing to teach grades or classes other than those named in the contract? We think hot. To answer affirmatively would be equivalent to stating that boards of directors have abroga- tive power relating to contracts with teachers. To allow them to repudiate con- tracts and force other parties to perform duties not agreed upon would, we think, be to encourage a breach of contract and a breach of faith. If a board has a right to modify, without consent, a contract to the extent of requiring a principal to teach an eighth grade not contemplated when the contract was made, there would appear to be no limit; and a hostile board could demand that a teacher under contract to give instruction in high school branches should teach primary pupils, or vice versa; and upon failure to execute in a satisfactory manner the demands of the board, discharge him for incompetency. 2. This case differs from that usually presented. There are no charges of incompetency, inattention to duty, partiality, or immorality. The testimony and the record show that appellant began his school September llih at the usual hour of opening. The board of directors met on the afternoon of September 11th and after rescinding the action of October 15, 1898, whereby a course of study was adopted, ' 'adjourned to meet at the schoolhouse at once." Here the appellaut was d scharged as stated in the resolution above given. Was the meeting such as the law contemplates shall be held in cases of this kind? The law wisely provides that a teacher may only be discharged after an impartial trial held for that purpose. In all the testimony there is no disagree- ment as to the purpose of the meeting. It was for the purpose of getting the appellant to modify the contract by accepting the eighth grade, and not for the purpose of discharging him. He was called into the presence of the board and informed of its purpose. Appellant stated in his reply, which was written, and which he was asked to give at once, that he was ready to fulfill his contract; that if the board had rescinded its action in regard to a course of study he would like to know what the course of study for the high school should be, and the duties of the superintendent 90 SCHOOL LAW DECISIONa under the same. He expressed a willingness also to teach even the eighth grade for a reasonable amount of additional salary. In view of this expressed willingness of appellant to do that which seems rea- sonable, we are unable to justify the action of the board. We think a compromise might well have been attempted, and proven at least reasonably satisfactory to both parties. The whole case has been given most earnest attention, and we cannot find that appellant was discharged for good and sufficient cause, after that impartial investigation contemplated . His dismissal under all the circum- stances revealed by the record cannot be approved. Reversed. RICHARD C. BARRETT, Des Moines, Iowa, May 12, 1900. Superintendent of Public Instruction, J. W. Lytle v. School Township of Washington. Appeal from Story County. Independent District Boundaries. It is mandatory upon the board of a school township to include in a proposed independent district all of the territory within the corporate limits of the town. Incorporated Town. In the formation of an independent district under section 2794 of the Code, all the town must be included in the proposed district notwith- standing the fact that said town was formerly located partly in a school township and partly in a rural independent district. Boundaries. The extension of the boundaries of a municipal corporation extends the boundaries of the independent district of said municipal corporation. On February 17, 1900, at a special meeting of the board of directors of the school township of Washington there was presented a petition of thirty-three citi- zens of the town of Kelley, asking the establishment of an independent district, in- cluding therein all of the incorporated town. After discussion, the matter was deferred for a week in order that the board might more thoroughl) investigate and obtain an opinion of the county superin- tendent, county attorney, and other unbiased counsel, if deemed necessary. At the date fixed the board met and established the boundary lines for the new district, as requested by petitioners. On March 6, 1900, J. W. Lytle, et al., appealed from the order of the board to the county superintendent, who reversed its action. From the plat submitted it is shown that the town of Kelley is situated on the township line in the townships of Washington and Palestine, and includes the fol- lowing territory: The south three-fourths of section thirty-one (31) , and the south three-fourths of section thirty-two (32), west one-half of section thirty-three (33) , range thirty- three (33) , township twenty-four (24) , in Washington township; the northwest quarter (^) of section four (4), north one-half (%) of section five (5), and north one-half (K) o^ section six (6), in Palestine township, range eighty-four (84), township twenty-four (24) . The chief point in controversey is, has the board of directors of a school town- ship authority in establishing the boundary lines of a proposed independent dis- trict to include in the new district any part of the territory of adjacent rural inde- pendent districts? Generally speaking, such territory cannot be included. Section 2794 of the Code provides, however, that ' 'upon the written petition of any ten voters of a city, town or village of over one hundred residents, to the board of the school township in which the portion of the town plat having the largest number of voters is situated, such board shall establish the boundaries of SCHOOL LAW DECISIONS. 91 the proposed independent district, including therein all of the city, town or vil- lage." The section clearly indicates that it is mandatory upon the board to include in the proposed district all of the territory within the corporate limits of the town, regardless of whether or not the territory in part belongs to rural independent dis- tricts. Failure to do so would, we think, ba a plain violation of law. It is true, ?.s held by the county superintendent in his opinion, that no inde- pendent district may, in the formation of a new district, be subdivided so as to contain less than four sections of land, except- in certain instances enumerated in section 279S. It is r.iso true that * 'the independent district from which territory is detached shall, after the change, contain not less than four government sections of land, " etc. (Section 2793.) We are of the opinion that these limitations apply to the cases set forth in the sections cited , and are not applicable when it is pro- posed to form an independent district containing an incorporated town, located largely in a school township, and in adjacent rural independent districts. On March 23, 1899, in answer to the question: "Does the law as found in Chapter eighty-nine (89) , acts of the Twenty-seventh General- Assembly contem- plate that 'when the corporate limits of any city or town are extended outside of the existing independent district or districts, the boundaries of said independent district or districts shall be also correspondingly extended,' without regard to township or county lines, manner of organization of the district or districts from which territory is taken, or the condition in which such district or districts will be left after the territory has been taken?" Hon. Milton Remley, attorney-general, in concluding his ofificial opinion to this department said : ' 'My conclusion is that the extension of the boundaries of a municipal corpo- ration made in the manner required by law, extends the boundaries of the inde- pendent districts of said municipal corporation, without any action on the part of the school districts or their officers, and regardless of the effect of such change upon the district from which territory is taken." Thus it appears that while section 2794 makes it the duty of the board to include all of the territory of the city, town or village in the formation of a new independ- ent district. Chapter eighty-nine (89) provides for the enlargement of the boundaries of the independent district, whenever the corporate limits are legally extended. So broad is this provision that the extension of the boundaries of the municipal corporation, so as to include an entire district or districts, correspond- ingly extends the boundaries of the independent district. Though the opinion quoted has special reference to the extension of the boun- daries of -the municipal corporation, we think the holding applicable in the case before us. We cannot find that the board violated law, abused its discretion, nor acted with prejudice or malice. The decision of the county superintendent is, therefore, Reversed. RICHARD C. BARRETT, July, 3, 1900. Si0>eriniendent of Public Instruction. G. N. Wilson v. Independent District of Hiteman, Appeal from Monroe County. Expulsion of Scholar. The board may, by a majority vote, expel any scholar from school for immorality, or for any violation of the regulations or rules estab- lished by the board. Notice. The law does not require school boards to give parents or pupils notice or a chance for defense before ordering suspension or expulsion. Action of the Board. Must be affirmed in the absence of showing of malice, prejudice, or violation of law. 92 SCHOOL LAW DECISIONS. The majority of the board of the Independent District of Hiteman expelled a son of the appellant, a pupil in room No. 3, from the school and school grounds for bad and immoral conduct. From the action of the board appeal was taken to the county superintendent who sustained the board, and an appeal is taken to the superintendent of public instruction. Section 2782 provides that the board may, by a majority vote, expel any scholar from school for immorality, or for any violation of the regulations or rules estab- lished by the board; and it may also confer upon any teacher, principal or super- intendent the power temporarily to dismiss a scholar, notice of such dismissal being at once given in writing to the president of the board. The record presented shows that the board had by Rule No. 2 conferred upon the principal the "power to suspend any pupil for repeated disobedience; for filthy or immoral habits or language, for injuring or defacing school property, or for any intentional violation of the rules." Under the authority thus conferred, the principal did, on the seventeenth day of December, 1900, notify the president of the board of the dismissal of J. Wilson, for conduct unbecoming a pupil. On the following day the board in special session sustained the order of the principal "until such time as his parents shall give assurance to the school board that he will comply with the rules of the school. " In appealing to the county superintendent, appellee alleges that said pupil was "expelled without cause and without legal notice or chance to defend." Appellant seems to have an erroneous idea regarding the power of a board to dismiss a pupil . The law does not demand that the board shall give parents or pupils notice or chance for defense before ordering suspension or expulsion. The power to expel a pupil is wholly within the discretion of the board. However, the undisputed testi- mony of the principal goes to show that the father of the boy was notified by a member of the board of the meeting to be held for the purpose of investigating the case. A careful examination of the entire record submitted fails to reveal that the action of the board is in any way tainted by malice or prejudice, or that there has been a violation of law. In expelling the pupil until such time as he was will- ing to conduct himself properly and obey the reasonable regulations of the school, we think the board acted in a very conservative and proper manner, and that the county superintendent was justified in sustaining its action. The decision of the county superintendent is Affirmed. RICHARD C. BARRETT, Superintendent of Public Instruction . Des Moines, Iowa, May 27, 1901. Thomas F. Williams v. Independent District of Barnes City. Appeal from J^ahaska County. Restoration of Territory. Only such territory may be restored as is author- ized by the statute. Incorporated Town. The territory included in an incorporated town may not be restored. Petitioners— Residence. All petitioners for restoration must reside upon the territory asked to be restored. Barnes City is situated on the county line between Mahaska and Poweshiek counties. This case arises from the refusal of the board of directors of Barnes City in SCHOOL LAW DECISIONS. 93 Mahaska county to concur in the restoration of territory to the school township of Jackson in Poweshiek county. On the fifteenth day of December, 1900, a petition signed by two-thirds of the electors residing upon certain territory situated in Powes>iiek county was presented to the board of directors of the school township of Jackson, asking that sections twenty-seven (27) , twenty-eight (28) , thirty-three (33) , thirty-four (34) , township seventy-eight (78), range fourteen (14), west of the fifth principal meridian, be restored to the township of Jackson to which it geographically belongs. By resolution duly adopted the board granted the request of the petitioners, and on the eighteenth of February, 1901, the superintendent of Poweshiek county con- curred and approved of the restoration of the territory. On the twenty-third of February the petition was presented to the board of directors of the independent district of Barnes City, which refused to restore the aforesaid territory. From this action an appeal was taken to the superintendent of Mahaska county and on the third day of May he affirmed the action of the board of directors of the independent district of Barnes City. Thomas F. Williams now appeals to this department. It is agreed among other things that the Independent District of Barnes City was legally organized by the vote of the electors of the whole district, there being no petition for a separate vote by the electors outside of the limits of the incorpo- rated town, and that it includes the following described territory: " The south one-half {)4) of the southeast one-fourth (X) of the southeast one-fourth (X) of section thirty-three (33), and the south one-half {}4) of the south one-half {)4) of the southwest one-fourth C^^ of section thirty-four (34) in township seventy-eight C78) , range fourteen (14) west in Poweshiek county; and the east one-half (>^) of the northeast one-fourth (X) of section four (4), and the northwest one-fourth (X) of section three (3) in township seventy-seven (77), range fourteen (14), in Mahaska county, comprising the incorporated town of Barnes City; and also the following contiguous territory outside of the limits of said incorporated town: All of sections twenty-seven (27), twenty-eight (28), thirty-three (33), thirty-four (34), township seventy-eight (78), range fourteen (14), Poweshiek county, except that part included in said Barnes City; and all of sections three (3) , four (4) , nine (9) and ten (10) , in township seventy-seven (77) , range fourteen (14) , in Mahaska county, except that part included in said Barnes City; and also the east one- fourth (X) of section five (5), and the east one-fourth {j4) of the northeast one- fourth (X) of section eight (8), in township seventy-seven {77), range fourteen (14) west, in Mahaska county. Section 2792 under which this action arises, provides: "Where territory has been or may hereafter be set off to an adjoining school township in the same or another county, or attached for school purposes to an independent district so situated, it may be restored to the territory to which it geographically belongs upon the concurrence of the respective boards of directors, and shall be so restored by said boards upon the written application of two-thirds of the electors residing upon the territory so set off or attached, together with a concurrence of the county superintendent and the board of the school corporation which is to receive back the territory." By this section two separate and distinct methods are provided for the restora- tion of territory. The first method is left to the option of the board of directors, but the second is mandatory under certain conditions, and leaves no discretion to the respective boards of directors if two-thirds of the electors residing on the territory unite in a written petition, and the county superintendent and the board of the school corporation which is to receive back the territory concur. In the case of the Independent District of Fairview v. Durland et a I., it was held to be a reasonable and just requirement for both boards of directors to con- 94 SCHOOL LAW DECISIONS. cur in order that the board of the school corporation in which the remaining ter- ritory was situated might properly provide for and take charge of the remaining territory, and the children residing therein. We find that the superintendent of Mahaska county assigns as a reason for his action that "appellants asked in their petition for that of which a portion is expressly denied them by the statute— that is, they demand that defendants shall restore a portion of the incorporated town" of Barnes City to the school township of Jackson. The plat submitted shows that when the village of Barnes City was incorpo- rated there was included within its limits three separate and distinct parcels of land in smaller subdivisions than forty acres, said divisions being a part of the territory now asked to be restored to the school township of Jackson. Section 2794, under which the Independent District of Barnes City was formed, provides that when the boundaries of an independent district are established, they shallinclude "all of the city, town or village." The reasons for this are so evident as to need no comment. We think the county superintendent was justified in refusing to consent to the restoration of all of the territory petitioned for, since a portion of it is necessarily included in the independent district by the provisions of section 2794. The one point in controversy is whether or not the superintendent should have restored to the school township of Jackson, under the circumstances, all territory petitioned for, except that included within the limits of the incorporated town of Barnes City in Poweshiek county. It is argued by counsel for appellants that it is a familiar rule of law that because petitioners may demand more than they are entitled to is no reason why they should not be granted such relief as they ask and are entitled to. This is doubtless true as a general principle, out in the case before us application for the restoration of territory was signed by petitioners with the understanding that all of sections 27, 28, 33, 34 should be restored. Since some of the territory peti- tioned for cannot be legally restored and we are not aware whether petitioners would desire the restoration of all of the remaining territory outside of the corpor- ate limits of Barnes City in Poweshiek county, or a fractional part of it, we think the decision of the county superintendent should be sustained. ''Upon the written application of two-thirds of the electors residing upon the territory so set off or attached," must, we think, be construed to mean that all petitioners must reside upon the territory requested to be restored, and might in no case include those residing elsewhere. While this view of the case may necessitate the presentation of a new petition for the restoration of the territory, we are of the opinion, after having considered the case most carefully, and from every standpoint, that it is the wisest and best; and that the county superintendent was justified in his action in refusing to restore territory for which petition was presented. His opinion is, therefore, Affirmed. RICHARD C. BARRETT, Des Moines, Iowa, Sept. 4, 1901. Superintendent of Public Instruction, H. A. Topping and Thomas Williams v. School Township of Union. Appeal from Van Buren County. Correction of Decision. The superintendent, in the discharge of his judicial duties, may, within a proper time recall and correct a decision erroneously ren- dered. Decision. The county superintendent is warranted in rendering a decision based upon certain conditions. SCHOOL LAW DECISIONS. 95 This case arises from the action of the board of directors of the school township of Union in voting to remove the schoolhouse in subdistrict number four from its present location to a site one-half mile south and one mile west. Upon appeal to the county superintendent it was shown that the children from the families of appellants would be nearly or quite two and one-half miles from the schoolhouse located upon the new site. The county superintendent remanded the case to the board July 1st, with the recommendation that it make provision for the schooling of the children in adjacent districts, provided they desire to attend, "but if that is not done we will be compelled to reverse the action of the board." On July 16th a statement signed by the president and secretary pro tern, of the board of directors of Union township was filed, alleging that the board had made arrange- ments to send appellants' children to school in accordance with the decision. On the same date attorneys were notified that the action of the board was sustained. On July 23d counsel for appellants filed a statement from the board of directors of the Independent District of Winchester to the effect that "no provision has been made with the board of the school township of Union for the schooling of the children of Thomas Williams." On the following day counsel filed a motion, ask- ing that the decision rendered July 16th be set aside, since the board had failed to carry out its provisions. In passing upon this motion the superintendent held, that since notices had been sent to interested parties that the action of the board was sustained, the case was closed and could neither be reopened nor the decision set aside. In this conclusion we think the superintendent unintentionally erred. In the case of Desmond v. the Independent District of Glenwood^ 71 Iowa, page 23, the supreme court held: "The superintendent of public instruction, in the discharge of his judicial duties, has the power to correct mistakes in rendering judgments in a case before him possessed by all courts and judicial officers. Jf, through mistake, he should announce a decision differing from the decision actually rendered, he possesses the power to recall such an announcement, and publish the decision correctly; or if, mistakenly, he should render a decision, he could, before rights had been acquired under it, and within a proper time, upon discovering the mistake, recall it and decide rightly." We think that the county superintendent has the same power. By the provisions of section 2774 the board of directors has power to contract with boards of other school townships or independent districts for the instruction of children who live at an unreasonable distance from their own school; and we think thj county superintendent was warranted in rendering a decision based upon certain conditions. The case is remanded to him with the suggestion that he reopen the same, and give all parties interested the opportunity to show clearly and definitely that there has or has not been a compliance with the decision. If such showing is not made within a reasonable time it is recommended that he make such decision as to him appears just and equitable, after taking into con- sideration the geographical position, number and convenience of pupils. From the decision, any party aggrieved will have the right to appeal. Remanded. RICHARD C. BARRETT, Superintendent of Public Instruction . Des Moines, Iowa, November 13, 1901. 96 SCHOOL LAW DECISIONS. August Peterson v. School Township of Elk River. Appeal from Clinton County, Transportation of Pupils. Discretionary with the board of directors, and may not be demanded as a right simply because the children reside more than one mile and a half from school. Reasonable Distance. Not determined by the laws of the state, but by circum- stances and conditions. This case arises from the refusal of the board of directors of the school town- ship of Elk River to transport to school a child of the appellant who resides a little over two miles from the school in subdistrict number one, in which he lives, and one and seven-eighth miles from a school in subdistrict number two. At the March meeting of the boaid of directors, 1901, the president of the board upon motion appointed a committee of three to investigate conditions in subdis- trict number one, and to report to the board at the September meeting regarding the advisability of transporting children to school in subdistrict number one. At thj Septeiiiber meeting the committee reported that in its opinion it would be inadvisa- ble, since the children in other districts traveled distances equally as great. Upon appeal the county superintendent reversed the action of the board, and held that a reasonable interpretation of the law fixes one mile and a half and greater distances as unreasonable distances for children to attend school. E. C. Forest appeals to this department. The right to provide for the transportation of children to the public schools is :onferred by statute, whenever there will be a saving of expense and children will also thereby secure increased advantages. The transportation of children is, how- ever, discretionary with the board, and may not, we think, be demanded simply for the reason that children reside more than one mile and a half from a school. If in a township, schools were provided for every four sections and the same were located two miles apart, and the population were equally distributed, one- fourth of the school population of each district would be more than one and one- half miles distant from the school. ' For this department to hold that all children residing more than one and one- half miles from a schoolhouse live at an unreasonable distance from school, and that therefore boards of directors may be compelled to transport them, would be to establish a precedent far-reaching in its effects, and one which would entail needless expense upon the school corporations of the state. How far a child shall travel in order to reach a public school has not been determined by the laws of this state. It seems to have been the purpose of the law-making body to leave the distance that children shall travel to be determined by the board, and to be governed by conditions. The question of reasonable dis- tance is one affected by many different circumstances, with respect to which no definite rule of law has been laid down. In the case before us it is very e.vident that the board considered the request of appellant after having secured all possible information, and its action should, we think, have been affirmed. Since the distance to the school in the adjoining dis- trict is not so great, we think the board should grant to the appellant the privilege of sending to the same, should he desire to do so. The decision of the county superintendent is Revfrsed. RICHARD C. BARRETT, Superintendent of Public Instruction, Des Moines, Iowa, March 6, 1902. INDEX TO APPEAL CASES. 97 INDEX TO APPEAL CASES Pagb. Abuse of Discretion. The board may not substitute its own discretion for the clearly expressed instruction of the electors 68 Action of Board. Must be affirmed in the absence of showing of malice, prejudice, or violation of law.. _ 92 Affidavit. An affidavit is a statement in writing of the errors complained of, signed and made upon oath before an authorized magistrate S The affidavit answers its leading purpose if it sets forth the errors complained of with such clearness that the proper transcript may be secured 6 A technical error in the affidavit not prejudicial to either party will not defeat the appeal .^ 45 The affidavit may be amended when such action is not prejudicial to the rights of anyone interested _ 52, 61 Must be accepted if sufficient to give the appellant a standing 61 Appeal. An appeal may be taken from the refusal of the county superintend- ent to investigate charges brought against a teacher 12 A case whose main purpose is to determine the valitiity of an order on the dis- trict treasury, or the equity of a claim, cannot be entertained on appeal to the county superintendent 14 Appeal may not be taken from an action or order complying with the terms of a contract previously made, nor from an action authorizing the issuance of an order in payment of a debt contracted by previous action of the board.... 14 The execution by the board of the vote of the electors upon matters within their control, is mandatory; from such action of the board no appeal can be taken. If such action is tainted with fraud, an application to a court of law is the proper remedy 17 The right of appeal is confined to persons injuriously affected by the decision or order complained of. Ordinarily a person living in one subdistrict can- not appeal from an action of the board locating a site in another 18 The adoption of the committee's report in favor of retaining the old school- house site, is an action from which appeal may be taken 19 The action of two boards upon a subject over which they have divided control constitutes a concurrent action, and appeal may be taken only from the order of the board taking action last 26 May be taken by any resident aggrieved by an action of the board 28 The hearing is not to be conducted by a rigid adherence to the technical forms and customs which prevail in the courts 37 Will not lie to control the action of a board or of the county superintendent, where concurrence is provided for 40 An appeal will not lie from an order of a board initiating a change in bounda- j ries, where the concurrence of the board of an adjoining district is necessary to effect the change 41 Where changes are effected in district boundaries by the concurrent action of two boards, appeal may be taken from the order of the board concurring, or refusing to concur, but not from the order of the board taking action first 41, 49 May be taken from the action of the board in laying the subject-matter of a petition on the table ~ - 58 98 INDEX TO AFFKAL CAsES. Pag", Will lie from an action of the board which is made a matter of record 5S Mere technical objections should not prevent the fullest presentation of the merits of the case, in the trial of an appeal 61 Will not lie from joint action of boards making settlerasnt of assets and liabil- ities 67 The superintendent of public instruction may not entertain an appeal unless thirty days' notice of such appeal has been served upon the adverse party 69 Should be conducted with fairness and impartiality 79 The law does not require the filini? of a bond for costs or the giving of secur- ity therefor as a condition necessary to perfect an appeal 84 It is the evident intent of the law to make it possible for aggrieved parties to have a hearing with the lea->t possible delay and annoyance, and at the lowest expense 84 An appeal may be taken from the decision of the board to place a petition on the table 87 Attendance. An actual resident may not be denied equal school advan- tages with other residents 57 Board of Directors. The board shall be sustained in all legitimate and reasonable measures to maintain order and discipline, to uphold the right- ful authority of the teacher, and to prevent or suppress insubordination in the school 15 If in the selection of a site the board violates law or abuses its discretionary power, its action may be reversed on appeal 17 The board , though not bound by a vote of the electors directing the precise location of a schoolhouse site, is required to so locate it as to accommodate the people for whom it is designed 17 The action of the board cannot be reversed upon the allegations of appellant without proof, or by reason of failure to make defense 19 The acts of the board are presumed to be regular, legal, and just, and should be affirmed unless proof is brought to show the contrary 19 The acts of the board must be presumed to be regular and should be affirmed unless positive proof is brought to show the contrary 21 Its action is presumed to be correct and for the interest of the district, until proved to be otherwise 51 Has full power to provide and enforce a course of study 56 May adopt its own course to decide the question of actual residence 57 In locating a site the board acts wisely in taking into consideration the pre- vailing sentiment of the people 59 In exercising its power in a semi-judicial capacity, the board should be able to show the very best reasons for its conclusions 63 It is the first duty of the board to co-operate with and assist the teacher in the conduct of the school 63 Is required by the law to visit the school and to aid and sustain the teacher in maintaining order and discipline 66 The board is bound to carry out the vote of the electors in the matter of open- ing roads to schoolhouses 68 A teacher cannot be discharged by the board, except after a full and fair investigation 71, 72 The board of directors of a school corporation have no jurisdiction over chil- dren after the termination of the school year 81 Pupils may be expelled by the board for immorality, violation of the regula- tions and rules established by the board, or when their presence is detri- mental to the best interests of the school 81 The board may not dismiss a teacher for refusing to teach grades other than those named in the contract 88 The law does not require school boards to give parents or pupils notice or a chance for defense before ordering suspension or expulsion 91 The board may, by a majority vote, expel any scholar from school for immor- ality, or for any violation of the regulations or rules established by the board 91 INDKX TO APPEAL CASES. 99 Pack. The transportation of pupils is discretionary with the board of directors, and may not be demanded as a right simply beciuse the children reside more than one mile and a half from school 96 Bond for Costs. The law does not require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal 84 Boundaries. Must conform to congressional divisions of land 28 Of subdistricts, changed between September and March 29 In the determination of district and subdistrict boundaries, temporary expend- itures and individual convenience should be subordinated to the more important considerations relating to simplicity of outline, compactness of shape, uniformity of size, and permanence of sites and boundaries 46 The boundaries of a proposed independent district organized under the provi- sions of section 2794 of the code, must include all of the city, town, or village, and also such contiguous territory as is petitioned for by a majority of the resident electors 74, 90 The extension of the boundaries of a municipal corporation extends the boundaries of the independent district of said municipal corporation 90 Certificate. The county superintendent may refuse to entertain a petition for the revocation of a teacher's certificate 12 The county superintendent is charged with the responsibility of refusing to issue a certificate to any person unle=5S fully satisfied that the applicant pos- sesses the essential qualifications demanded of teachers by the law 38 The county superintendent is his own judge as to how fully he will give the applicant reasons for the refusal of a certificate 38 The decision of a county superintendent refusing a certificate will not be inter- fered with on appeal unless it appears that he acted from passion or preju- dice 38, 85 The county superintendent should require proof that the applicant for a certifi- cate possesses good moral character, unless he has personal knowledge of the same 85 The county superintendent is fully justified in refusing a certificate to an appli- cant who fails to furnish satisfactory evidence of good moral character 85 Certiorari. A fraudulent or illegal action may be corrected by application to a court for a writ of certiorari 17 Charges. Must be clearly sustained by the evidence 30 Claims. Just claims against the district can be enforced only in the courts.... 11 Contested Election. The proper method of determining a contested elec- tion for school director is by an action brought in the district court 8 Contract. It is the province of the courts of law to decide as to the validity of a contract - 57 A refusal of the teacher to agree to a change in a legal contract with the board is no ground for discharge : 88 Correction of Decision. The superintendent, in the discharge of his judicial duties, may, within a proper time, recall and correct a decision erroneously rendered 94 Contract. Made by a committee require the approval of the board in ses- sion 11 Costs of Appeal. Before an appeal from the order of the county superintend- ent taxing costs can be entertained by the superintendent of public instruc- tion, a motion to retax such costs should be filed with the county superin- tendent 69 The law does require the filing of a bond for costs or the giving of security therefor as a condition necessary to perfect an appeal 84 The fact that the selection of a new site would involve the expenditure of money for improvements, etc. , should not unduly influence the board when such site is suitable and in the geographical center 78 County Attorney. It is not only wise but in conformity with law for the county superintendent to consult the county attorney before deciding an appeal °^ 100 INDEX TO APPEAL CASES. Pag«. County Superintendent. Has no jurisdiction of an appeal until an affidavit is filed in his office. The appeal must be taken by affidavit 5 The weight that properly attaches to the discretionary actions of a tribunal vested with original jurisdiction, does not apply to the decisions of an inferior appellate tribunal 19 May make a conditional ruling, by which his own decision will be governed 23 The county superintendent is not limited to a reversal or affirmance of the action of the board, but he determines the same questions which it had determined 23 A county superintendent should not ask the state superintendent to decide a case on appeal for him, but may ask for an interpretation of law, either by the state superintendent, or through him, by the attorney-general 27 Does not have the power to interpret the legal value of a contract 57 Should reverse the action of the board only upon the clearest and most explicit proof of abuse or discretion 59 Unless a marked abuse of discretionary power is clearly and conclusively proved, his action in refusing or revoking a certificate will not be inter- fered with on appeal 60 On appeal may do no more than the board might have done 65 Should dismiss an appeal as soon as it becomes certain that the leading issue may be heard and decided only by a court of law 67 The county superintendent has only appellate jurisdiction and should sustain the action of the board unless it is clearly shown the board violated or abused its discretion - 72 On appeal the county superintendent can make such order touching bounda- ries as the board should have made 74 Has large discretionary power in the matter of issuing or withholding certifi- cates, and his decision will not be reversed unless it is clearly shown that he was prompted by prejudice or ill-will, or acted with manifest injustice 85 He may refuse to enroll such persons as members of the normal institute as he has reason to believe are morally deficient 85 He should require proof that the applicant for a certificate possesses good moral character, unless he has personal knowledge of the same 85 He may, within a proper time, recall and correct a decision erroneously ren- dered 94 He is warranted in rendering a decision based upon certain conditions 94 Discharge of Teacher. A teacher cannot be discharged by the board except after a full and fair investigation 71 The teacher is entitled to a reasonable time to prepare for and make defense.... 71 The action of the board in discharging a teacher, after a full and fair investi- gation, will not be reversed unless it is clearly shown that the board vio- lated law, abused its discretion, or acted with manifest injustice ^ 72 The board may not dismiss a teacher for refusing to teach grades other than those named in the contract 83 Discretionary Acts. Should not be disturbed except upon evidence of unjust exercise of discretion 5 The decision of the authority having original jurisdiction is entitled to much consideration 12 Suggestions from the electors upon matters entirely within the control of the board will in no manner prevent the fullest exercise of the discretion vested in the board by the law 25 Abuse of discretion is not established by testimony showing that a different action would have been preferred by the electors 29 Action by the board unduly delaying the final consideration of an important matter,- may be regarded as an evidence of prejudice 33 In the exercise of discretion, the benefit of every reasonable doubt must be given in favor of the correctness of official acts 37 Unless a marked violation of the large discretion vested in the county superin- tendent is proved clearly and conclusively, his action in refusing or revok- ing a certificate will not be interfered with on appeal _ _ 38 INDEX TO APPEAL CASES. 101 In the absence of proof that- the board has abused the authority given it by the law, its orders will not be set aside, although another decision might to many seem preferable. 48 It is not the province of an appeal to discover and to correct a slight mistake. The board alone must bear any blame that may attach to a choice deemed by appellants somewhat undesirable, but not an unwise selection to such a degree as to indicate an abuse of the discretion ordinarily exercised 48 To warrant interference with a discretionary act, abuse of discretion must be proved beyond a reasonable doubt ;. 48 In the determination of appeals, the weight which properly attaches to the dis- cretionary actions of a tribunal vested with original jurisdiction should not be overlooked 51 The fact that some other action would have been desirable or preferable does not establish that the board abused its discretion 51 The order complained of is reviewed not to discover the desirability of the action, but to determine whether sound reason and wise discretion were followed 51 The order of a board should be reversed only upon the plain showing that the law has been violated or discretion grossly abused 56 An appellate tribunal is not to decide mainly whether the action complained of was wise, or the best that might have been taken, but simply whether a reversal is required by the evidence 62 The board may not substitute its own discretion for the clearly expressed instruction of the electors 68 Transportation of pupils is discretionary with the board of directors, and may not be demanded as a right simply because the children reside more than one mile and a half from school 96 District Organization. The county superintendent has no jurisdiction to determine the validity of district organization 29 Election. The certificate of the officers of the subdistrict meeting is the legal evidence of election as subdirector, and as a general rule a board of direct- ors is justified in declining to recognize a person as a member of the board until he produces such certificate 8 The boundaries of a proposed independent district having been fixed, it is the d-ity of the board to give notice of a meeting of the voters of the territory included in the proposed district ; 74 Electors. The electors are the sole and final judges of the desirability of a separate organization „ ~ 74 Evidence. Where the law requires the evidence of a transaction to be in writing, oral evidence can be substituted only if the writing cannot be pro- duced 8 To establish malice or prejudice on the part of the board, positive testimony must be introduced, and the evidence must be conclusive 72 Existing School. The order expelling a scholar must be from an existing school.* The scholars relationship with the school is severed when the school year has closed and vacation has begun 81 Expenditure of Money. When money is voted by the electors for a specified purpose, or where they couple certain directions with their vote when authorizing the expenditure of money, such directions or vote may not be disregarded by the board 86 Expulsion of Pupils. Pupils may be expelled by the board for immorality, violation of the regulations and rules established by the board or when their presence is detrimental to the best interests of the school 81, 91 The order expelling a scho'ar must be from an e>^isting school 81 The law does not require school boards to give parents or pupils notice or a chance for defense before ordering suspension or expulsion 91 Hearing. If the county superintendent cannot hear testimony for parties at the time set for hearing, he should give the parties ample time later to mike a clear and full presentation of their cause 79 Highway. If possible, every schoolhouse site should be upon a public high- way — 23. 102 INDEX TO APPEAL CASES. Page. Independent District. The boundaries outside the town plat depending upon the petition of the electors, such boundaries may noic be fixeJ until petitioned for 65 The provision of section 2794 of the code, requiring the board of a school township, upon proper petition, to establish the boundaries of a proposed independent district, is mandatory ^ 74 In the formation of an independent district under section 2794 of the code, all the town must be included in the proposed district notwithstanding the fact that said town was formerly located partly in a school township and partly in a rural independent district - 90 Injunction. The execution of a fraudulent vote of the electors may be pre- vented by a writ fiom a court of law 13 Janitorial Services. If a teacher serves as janitor in sweeping the room and building fires, he should be paid from the contingent fund for such services 2G Jurisdiction. An application for an appeal filed within thirty days from the act complained of will not give the county superintendent jurisdiction of the case 5 The county superintendent does not have jurisdiction of cases involving a money demand 10 The county superintendent has jurisdiction only of the matter to which the appeal relates 18 An appeal will not lie to enforce a contract .... 26 A former order of the board, or a decision of the county superintendent on appeal, will not operate to prevent the board from exercising its discretion anew, when good reasons exist for sujh action 37 In most matters with which boards have to do under the law, their authority and responsibility are absolute, and their jurisdiction is complete and exclusive .1 37 The jurisdiction of an appellate tribunal is not greater than that of the board from whose action the appeal is taken 42 When Its order is affirmed, the board is left free to take another action, if thought best 48 In change of boundaries by two boards, an appellate tribunal acquires only the same power possessed by the board from whose action appeal is taken, and may do no more than to affirm the order, or to reverse and do what the board refused to do 49 It is very undesirable to bring matters involving a money consideration before the county saperintendent on appeal 67 The board of directors of a school corporation have no jurisdiction over children after the termination of the school year 81 Majority Vote. Of whole board required to change subdistrict boundaries.. 29 Mandamus. Is a remedy if the board refuses to carry out a vote of th'e elec- tors 11 To compel the performance of an official duty, appeal sometimes consumes valuable time. Mandamus is often a more speeay and better remedy 33 Should the board fail to give the notice of election required by section 2794 of the code, they may be compelled to do so by mandamus 74 Moral Character. The county superintendent should require proof that the applicant for a certificate possesses good moral character, unless he has personal knowledge of the same 85 The county superintendent may refuse to enroll such persons as members of the normal institute as he has reasons to believe are morally deficient 85 The • county superintendent is fully justified in refusing a certificate to an applicant who fails to furnish satisfactory evidence of good moral character 85 Hew Questions. Questions not raised at the hearing before the county superintendent, nor before the superintendent of public instruction at the time the appeal was heard by him, cannot be considered for the first time un an application for a rehearing 11 INDEX TO APPEAL CASES. 103 Page. Normal Institute. The county superintendent may refuse to enroll such persons as members of the normal institute as he has reason to believe are morally deficient 35 Notice. The county superintendent should not issue notice of final hearing until the transcript of the district secretary has been filed 5 Appearance at the trial is a complete waiver of notice 42 The law does not require school boards to give parents or pupils notice or a chance for defense before ordering suspension or expulsion !... 91 Oral Argument. The failure of counsel for appellee to present oral argu- ment, after being informed of the hearing, will not justify a reopening of the case 83 Petition. A petition may be used to bring to the attention of ths board the kind of action desired by the petitioners, but a board may act with equal directness without such request 49 All petitioners for restoration must reside upon the territory asked to be restored 92 Proceedings. The regularity of all the proceedings will be presumed upon. This is true in an especial sense when the records are more than usually complete 42 Punishment. In applying correction, the teacher must exercise sound discre- tion and judgment and should choose a kind of punishment adapted not only to the offense, but to the offender ; .- 14 The puaishment of a pupil with undue severity, or with an improper instru- ment, is unwarrantable, and may serve in some degree, to indicate the animus of the teacher 14 The right of the parent to restrain and coerce obedience in children applies equally to the teacher, or to any one who acts in Loco parentis IS Public Boad. . The board is bound to carry out the vote of the electors in the matter of opening roads to school houses ' 68 duo Warranto. The remedy of a person denied possession of an office to which he has been chosen, is an action in court 8 Reasonable Distance to School. Not determined by the laws of the state, but by circumstances and conditions 96 Records. In the absence of the allegation of fraud, testimony to contradict or impeach the records of the district cannot be received 6 The board may at any time amend the record of the district, when necessary to correct mistakes or suppiy omissions. And it may upon proper showing be compelled by mandamus to make such corrections 6 The record of the secretary shall be considered as evidence, and cannot be invalidated by parol evidence unless there is proof of fraud or falsehood 26 Records not made and certified to by the proper officers as required bylaw are defective and may be impeached by collateral evidence 30 The official record is its own best evidence. Testimony intended to contradict the record should not be admitted _ 30 The record of the secretary must be considered as evidence, unless there is proof of fraud or falsehood [ 42 Rehearing. To warrant a rehearing, some valid reason must be urged 35 To obtain a rehearing the necessity must be clearly shown 37 The application for a rehearing will be denied unless sufficient reasons have been presented warranting a change in the former opinion 11 To warrant the superintendent of public instruction in granting a rehearing it must be shown that some very serious error has been made 83 Remanding of Cases. When the evidence discloses that the action of the board was unwarranted, and the facts are not sufficiently shown to deter- mine what should be done, the case should be remanded to the board 22 Restoration of Territory. The refusal of a board of directors of an inde- pendent district to concur in the restoration of certain territory may not be reversed except when clearly shown that such relusal was an abuse of discretion 80 204 INDEX TO APPEAL CASES. Pagh. TvUles and Kegulations. Boards of directors and their pgents, the teachers, may establish reasonable rules for the government of their schools 15 Open violation of the rules cannot be shielded from investigation under the plea that it invades the rights of conscience 15 The pupil is answerable for acts which tend to produce merriment in the school or to degrade the teacher 15 The teacher has the right to require a pupil to answer questions which tend to elicit facts concerning his conduct in school 15 In establishing and enforcing regulations for the government of scholars the board has a large discretion 32 The burden of proof is with the appellant to show that a rule is unreasonable 56 Salary of Teachers. The control of salaries is wholly within the power of the board and cannot be determined by rn appe&l, because it is not within the jurisdiction of county or state superintendent to order the payment of money 24 The salary of teachers should be in proportion to their ability and responsi- bility, and not equal when these differ materially 24 School Funds. The treasurer is the proper custodian of all funds, and may legally pay them out only upon orders specifying the fund upon which they are drawn and the specific use to which they are applied 11 The courts of law alone can furnish an adequate remedy , if the law has been violated and the money of the district has been misappropriated 14 Schoolhoiise. The board may legally remove a schoolhouse from one sub- district to another only by vote of the electors 13 When the debtors have voted to remove a schoolhouse from one subdistrict to another the board must execute such vote, and from its action in so doing no appeal can be taken.. 13 There is no limitation in law as to the number of scholars to be accommodated, in order that the board may provide a schoolhouse 46 Schoolhouse Site. It is important that a schoolhouse site be located on a public road, and as near the center of the subdistrict as practicable 11 Subdistrict boundaries cannot be changed in an appeal relating solely to locat- ing a site, nor can a site be located with the expectation that boundaries will be changed unless such intention of the board is shown 18 The action of a committee appointed by the board to locate a site is of no force until officially adopted by the board while in session 18 The prospective wants of a subdistrict may properly have weight in determin- ing the selection of a site, when such selection becomes necessary, but not in securing the removal of a schoolhouse now conveniently located ...21, 50 To make a distinction between the children of freeholders and those of tenants in determining the proper location for a schoolhouse, is contrary to the spirit and intent of our laws 21 The necessities of the present must be observed in locating schoolhouse sites, in preference to the probabilities of the future 22, 50 The location of a schoolhouse can be dependent upon a change of boundaries only when it is shown in evidence that it is the definite and positive inten- tion to make such a change 23 A schoolhouse site fixed by county or state superintendent affirming the dis- cretionary act of the board, allows the board to exercise its discretion again, especially if material changes have occurred 25 The endeavor to show regard for the expressed wishes of the electors in the choice of a site will be an added reason in support of the action of the board 25 Proper location of, depends upon form of subdistrict _ 28 Every dwelling house must be taken into account, as some one entitled to school advantages may hereafter reside there 35 When it is the evident intention of the board to relocate the site as near as pos- sible in the center of the subdistrict, in order to furnish equal school facili- ties to all the residents, its action should not be materially interfered with.. 35 It is not the province of an appeal to determine which of two sites is the better 54 INDEX TO APPEA^L CASES. 105 Page. When purchased need not necessarily be upon a highway „ 62 Other things being equal, a site in the geographical center of the district should be chosen 78 In the location of a schoolhouse site the board is justified in considering the wishes of a majority of the people as indicated in the vote upon the issuance of bonds 86 School Orders. When impi^perly issued, a proper remedy is injunction.... 10 School Privileges. Are not acquired by temporary removal into a district lor the purpose of attending school 10 The law is to be construed in the interest of the child. The actual residence ot the scholar at the time will establish the right to attend school free of tuition 45 Are not guaranteed children elsewhere than in the district of their residence 52 Attendance in another district depends upon the board of that district, and must therefore be regarded as a contingency 52 To the fullest extent possible, the board should equalize the distance to be traveled to school 52 Sc ools. The wealthier portions of the community should aid their neigh- bors in sustaining good schools 24 Special Meeting, a meeting of the board, railed for the specific purpose and of which the teacher was not served with due and proper notice, could not legally discharge such teacher 71 A teacher may not be discharged at a special meeting called for the purpose of securing a modification of his contract 88 Subdir ctor. The subdirector may expend money in his subdistrict only in tne manner authorized by the board 11 Subdistrict. A subdistrict is not a corporate body, and has no control of any public fund ■. : 11 Subdistrict Boundaries. The acts of a board changing subdistrict bound- aries and locating schoolhouses are so far discretionary that they should be affirmed on appeal, unless it is hhown beyond a doubt that there has been an abuse of discretion 19 A case involving a change of subdistrict boundaries, having been adjudicated by the county superintendent reversing the action of the board, and being affirmed by ihe superintendent of public instruction, cannot again be brought upon appeal, unless it can be shown that some change materially affecting the conditions of the case has taken place since the date of the former decision 34 A subdistrict long established, embracing a territory having sufficient number of scholars to maintain a good school, should not be abolished, unless the general school facilities of the township will be improved thereby 34 In champing subdistrict boundaries, both the present and the future welfare of the district township should be considered 34 Tne boundaries of subdistricts may be changed, or new subdistricts formed, only at the regular meeting of the board in September, or at a special meeting held before the following March 44 When an action has been reversed by the county superintendent, and that decisfon affirmed by the superintendent of public instruction, the board cannot act again until a material change has taken place 62 Subdistricts. Should be, if possible, compact and regular in form. In well populated district townships, two miles square is considered a desirable area 11, 46 It is very important that subdistricts should be regular in form, and that where it is possible, schoolhouses should be located at or near geographical centers 46 The board should be encouraged in forecasting a general plan looking toward an ultimate regularity in the form of subdistricts 46 Teacher. The teacher is entitled to the counsel and co-operation of the sub- ciirector and board in all matters pertaining to the conduct and welfare of the school _ 20 106 INDEX TO APPEAL CASES. Page. When a teacher is dismissed in violation of his contract, an action in the courts of law will afford him a speedy and adequate remedy; when discharged for incompetency, dereliction of duty or other cause affecting his qualifications as a teacher, he has the right of appeal 20 The law provides that a teacher shall have a fair and impartial trial, with sufficient notice to enable him to rebut the charges of his accusers 30 In the trial of a teacher the board is bound carefully to protect the interests of the district and to seek the welfare of the school, as well as to regard the rights guaranteed to the leacher 42 As an employe of the district the teacher may justly claim and expect to rece-ve, the official assistance and advice of the board 47 The law insures the teacher a fair and impartial trial, before he may be dis- charged 47 A teacher may justly claim and expect to receive, the assistance and advice of the board, and especially the help of his own subdirector, in the proper conduct of his school.. 63 It is alike due to the dignity of the board and the rights of the teacher that no one should be discharged except after thorough invest 'gation and the clearest pooot. If possiole, the teacher should be shielded from the Sitigma of discharge 63 Full opportunity must be afforded the teacher to make defense aga nst charges 66 Should not employ unsuitable and unusual methods of punishment 66 A teacher cannot be discharged by the board, except after a full and fair investigation 71 The board may not dismiss a teacher for refusing to teach grades other than those named in the contract 88 Territory. Where territory is to be transferred by concurrent action of two boards to the district to which it geographically belongs, a majority of the members elect is not necessary, as required for the change of subdistrict boundaries 26 All territory must be included within some school district 28 * The refusal of a board of directors of an independent district to concur in the restoration of certain territory may not ho reversed except when clearly showu that such refusal was an abuse of discretion 80 Only such territory may be restored as is authorized by the statute 92 All territory must be contiguous to the district to which it belongs 49 Testimony. Unless obviously immaterial, testimony offered should be admit- ted and given such weight as it merits 5 At the hearing of an appeal, it is competent for the county superintendent, upon his own motion, to call additional witnesses to give testimony 6 New testimony can be introduced only when the facts materially affecting the case could not have been known before the trial 22 To be legal must be given under oath 29 Sufi&cient latitude should be allowed in the introduction of testimony to permit a full presentation of the issues involved, even if irrelevant testimony is occasionally admitted 35, 61 Opinions unsupported by facts do not become satisfactory evidence 51 If selfish or othei improper motives are complained of, the testimony must show such facts conclusively... 54 Time. The time in which to take the initiatory steps to form an independent district is not fixed by the statute 74 Transportation of Pupils. Discretionary with the board of directors, and may not be demanded as a right simply because the children reside more tnan one mile and a half from school 96 Tuition. To enable the district in which the children reside to collect tuition, all the requirements of the law must first be fulfilled 40 Failing to substantiate a claim to residence, a nonresident may attend school only upon such terms as the board deems just and equitable 57 JU OOO/^ KJ '■- UNIVERSITY OF CAIvlFORNIA IvIBRARY