GIFT OF 'RELATING TO THE COMMON SCHOOLS OF KANSAS, INCLUDING OFFICIAL OPINIONS AND SUG- GESTIONS TO SCHOOL OFFICERS. COMPILED UNDER DIRECTION OF W. D. ROSS, STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 1913. STATE PRINTING OFFICE, TOPEKA, 1913. 5-159 MALICIOUS DESTRUCTION OF PROPERTY. [2837.] Any person who shall willfully and maliciously destroy, deface, remove or injure the property of another, public or private, shall, on conviction, be deemed guilty of a misdemeanor, and punished by a fine not less than $5 nor more than $500, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Laws 1886, ch. 104, sec. 1.) (ii) To County and City Superintendents and School Officers: I furnish you herewith a copy of the school laws of Kansas revised to date. The official opinions and suggestions, I trust, will be help- ful to you in the discharge of your official duties. W. D. ROSS, State Superintendent of Public Instruction. JUNE 11, 1913. (iii) 293244 TABLE OF CONTENTS. Chapter. Pago. MALICIOUS DESTRUCTION OF PROPERTY ii LETTER OF TRANSMISSAL iii Educational provisions of the organic act 1 Educational provisions of the constitution 1 Education provisions of the act of admission 3 Laws relating to the common schools of Kansas 5 Bonds I 5 Business colleges II 21 Certificates Ill 23 Child labor IV 38 Cities V 40 Compulsory education VI 67 Consolidation VII 73 County school fund VIII 76 County superintendent IX 78 Districts X 93 Fines and penalties XI 123 Fire protection XII 124 High schools ....'. XIII 126 Industrial education XIV 143 Industrial school pupils XV 145 Juvenile court XVI 146 Kindergartens XVII 157 Levies XVIII 158 Libraries XIX 160 Night schools XX 162 Normal institutes XXI 164 Normal training XXII 167 Patriotic instruction XXIII 170 Retirement fund : XXIV 171 School-fund commissioners XXV 174 State annual school fund XXVI 184 State superintendent of public instruction XXVII 185 Text-books XXVIII 189 Tobacco and cigarettes XXIX 208 Warrants and bonds lost and destroyed XXX 209 Warrants, registration of XXXI 210 INDEX 213 (iv) EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. [69.] l SECTION 34. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered 16 arid 36 in each township in said territory shall be and the same are hereby reserved for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same. Approved May 30, 1854. EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION. ARTICLE II. [141.] SECTION 23. The legislature, in providing for the formation and regulation of schools, shall make no distinc- tion between the rights of males and females. ARTICLE VI. [177.] SECTION 1. The state superintendent of public in- struction shall have the general supervision of the common- school funds and educational interests of the state, and perform such other duties as may be prescribed by law. A superin- tendent of public instruction shall be elected in each county, whose term of office shall be two years, and whose duty and compensation shall be prescribed by law. [178.] SEC. 2. The legislature shall encourage the pro- motion of intellectual, moral, scientific and agricultural im- provement, by establishing a uniform system of common schools and schools of higher grade, embiacing normal, pre- paratory, collegiate and university departments. [179.] SEC. 3. The proceeds of all lands that have been or may be granted by the United States to the state for the support of schools, and the 500,000 acres of land 2 granted to the new states under an act of Congress distributing the pro- ceeds of public lands among the several states of the Union, approved September 4, A. D. 1841, and all estates of persons 1. See note at top of page 5. 2. This money was never in the school fund. -1 (1) 2 CONSTITUTIONAL PROVISIONS. dying without heir or will, and such per cent as may be granted by Congress on the sale of lands in this state, shall be the common property of the state, and shall be a perpetual school fund, which shall not be diminished, but the interest of which, together with all the rents of the lands, and such other means as the legislature may provide by tax or other- wise, shall be inviolably appropriated to the support of com- mon schools. [180.] SEC. 4. The income of the state school funds shall be disbursed annually, by order of the state superintendent, to the several county treasurers, and thence to the treasurers of the several school districts, in equitable proportion to the number of children and youth resident therein, between the ages of five and twenty-one years; provided, that no school district in which a common school has not been maintained at least three months in each year shall be entitled to receive any portion of such funds. [181.] SEC. 5. The school-lands shall not be sold unless such sale shall be authorized by a vote of the people at a general election; but, subject to revaluation every five years, they may be leased for any number of years not exceeding twenty-five, at a rate established by law. [182.] SEC. 6. All money which shall be paid by persons as an equivalent for exemption from military duty; the clear proceeds of estrays, ownership of which shall vest in the taker-up, and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several coun- ties in which the money is paid or fines collected, to the sup- port of common schools. [183.] SEC. 7. Provisions shall be made by law for the establishment, at some eligible and central point, of a State University, for the promotion of literature and the arts and sciences, including a normal and agricultural department. All funds arising from the sale of lands granted by the United States to the state for the support of a State Univer- sity, and all other grants, donations, or bequests, either by the state or by individuals, for such purpose, shall remain a per- petual fund, to be called the "University fund," the interest of which shall be appropriated to the support of the State University. [184.] SEC. 8. No religious sect or sects shall ever con- trol any part of the common-school or University funds of the state. [185.] SEC. 9. The state superintendent of public instruc- tion, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the school funds. Any two of said commissioners shall be a quorum. (Constitution ratified by the people October 4, 1859.) CONSTITUTIONAL PROVISIONS. EDUCATIONAL PROVISIONS OF THE ACT OF ADMISSION. [264.] SECTION 3. ... First: That sections num- bered 16 and 36, in every township of public lands in said state, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. Second: That seventy-two sections of land shall be set apart and reserved for the use and support of a State University, to be selected by the governor of said state, subject to the ap- proval of the commissioner of the general land-office, and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose. Approved January 29, 1861. LAWS RELATING TO THE COMMON SCHOOLS OF KANSAS. NOTE. The figures enclosed in brackets, thus [6331], refer to the paragraph numbers in the General Statutes of 1909; the section num- bers, beginning on this page, are in consecutive order, for convenience of reference to the School Laws of 1913. For example: If it is desired to quote a section of the law, reference should be stated thus: "Sec- tion , School Laws of 1913; section , General Statutes of 1909." Official opinions will be found in the notes at the bottom of the pages. CHAPTER L BONDS. ARTICLE I. SCHOOL-DISTRICT BONDS. 1. Purposes for which district bonds may be issued, and restrictions concern- ing the same. 2. Bond elections; notices of, and how conducted. 3. Denominations, rates of interest, and disposal of bonds. 4. Limitations modified. 5. Authority of school-fund commissioners. 6. Application to vote additional bonds. 7. Hearing of application. 8. Bonds must be registered. 9. Sinking-fund, how provided and in- vested. 10. Interest credited to sinking-fund. 11. Penalty for issuing bonds without au- thority, and for misappropriation of the proceeds. 12. Final disposition of paid bonds and coupons. 13, 14. Bonds belonging to the state permanent school fund may be paid or refunded before maturity. 15. Payable at the state treasurer's office. 16. State treasurer to furnish statement. 17. Remittance of funds to state treas- urer. 18. Bonds to be canceled by state treas- urer. 19. Penalty for city and county treas- urers refusing to act. SECTION 1. School-district Bonds. [7631.] That for the purpose of erecting or purchasing one or more schoolhouses in and for any school district in the state of Kansas, the board of directors of the same shall have power to issue the bonds of the district in an amount not to exceed one and one-half per cent of its taxable property, as shown in the last assess- ment thereof ; 3 provided, that this limitation shall not apply to bonds heretofore legally voted. And for the purpose of ex- tending the time of payment of the bonded indebtedness of any school district, the board of directors of the same shall have power to issue the bonds of the district in a sum not to exceed in amount its outstanding bonded indebtedness ; provided, that no such bonds shall be issued until at an election 4 called for that purpose the question shall have been submitted to the qualified electors of the district, and a majority of all the qual- ified electors voting on the proposition shall have declared by 3. Bonds issued to pay indebtedness already contracted are illegal. School-district bonds can not be issued except for the purpose of erecting or purchasing one or more schoolhouses. An addition to a schoolhouse is included in the term "erecting or purchasing one or more schoolhouses," and bonds may be voted legally for this purpose. 4. The Australian ballot law does not apply to school-bond elections. (5) 6 BONDS SCHOOL DISTRICT. [CH. 1 their ballots in favor of issuing of the same; and provided further, that no such election shall be ordered unless a petition, stating the purpose for which the bonds are to be issued, and signed by at least one-third of the qualified electors of said district, shall have been presented to the district board pray- ing that a vote be taken for the issuing of such amount of bonds as may be asked for therein ; and provided further, that it shall be unlawful for any school district to create any bonded indebtedness unless there are at least fifteen persons between the ages of five and twenty-one years actually residing within the limits thereof, as shown by a sworn census return, taken by the direction of the board of directors of such school district. 5 (Laws 1909, ch. 62, sec. 4.) SEC. 2. Election. [7632.] Whenever such a petition, so signed, shall be presented to the board of directors of any school district, praying that a vote be taken on the question of issuing the bonds of the said district, it shall be the duty of the district board immediately to order an election for the pur- pose of determining the question of the issuing of bonds as prayed for, and forthwith to give notice, by posting written or printed notices, signed by the clerk, in five of the most public places in the district, which notices shall be posted up at least ten days 6 before such election, and shall state therein the object for which the election was called and the manner in which the question shall be voted upon. 7 That said election shall be conducted in all respects as are general elections under the laws of the state, except that females of the age of twenty- one years shall be entitled to vote at all such elections, subject 5. Build Schoolhouse. School districts having less than fifteen children of school age within their limits are, by the terms of the law providing for the issuance of school-district bonds, prohibited and debarred from raising funds for the building or purchase of schoolhouses by the issuance of school-district bonds. Such school districts can provide funds for the building of schoolhouses by issuing school-district warrants, to the extent and within the limitation of section 7407, General Statutes of 1909 (sec- tion 261 of this book) , but not otherwise. It is within the power of school districts, under said section, to vote a tax annually, not exceeding four and one-half mills on the taxable property in the district, for school pur- poses, and to distribute such portion of the amount of such tax as the school meeting shall deem proper for the purpose of building, hiring or purchasing a schoolhouse for the district. Beyond this the district can not go. School warrants for building schoolhouses can not be issued in excess of the amount authorized by law, upon the expectation that in subsequent years the school district will provide funds for the payment of the same by taxation. 6. Ten days should intervene between the date of posting the election notices and the day of the election, without counting either of the two dates. i JM Th( L utm . ost care should be had in complying with the law in every detail ; otherwise the bonds may be invalid or their sale aff ected by tteir unfavorable history. CH. 1] BONDS SCHOOL DISTRICT. 7 only to the exceptions applied to males ; and the returns of the election shall be the same, except that they shall be made to the district board. (Laws 1879, ch. 49, sec. 2.) SEC. 3. Issuance. [7633.] The bonds herein provided for shall be issued in denominations of not less than $100 nor more than $500 each; 8 they shall bear interest at a rate not to exceed six per cent per annum, payable semiannually on the 1st days of January and July of each year, at such place as shall be designated in the bonds, the principal of the bonds being made payable within fifteen years from their date. These bonds shall specify on their face the date of issue, amount, for what purpose and to whom issued, the time they run, the rate and times of payment of interest, and shall have coupons attached for the interest as it becomes due, said coupons being so arranged that the last one shall fall due at the time of the maturity of the bond. Said bonds and the coupons thereto attached shall be signed by the director and countersigned by the clerk, and after registration by the county clerk shall be negotiable and transferable by delivery, and may be disposed of by the district board at not less than ninety-five cents on the dollar, and the proceeds of the same applied as provided for in the petition at which issuance of the bonds was authorized. (Laws 1879, ch. 49, sec. 3.) SEC. 4. Limitations Modified. [Laws 1911, ch. 257, sec. 1.] The limitations placed by the statutes upon the voting of bonds in cities and school districts for the purpose of erecting school buildings may be modified as in this act provided. SEC. 5. Authority of School-fund Commissioners. [Laws 1911, ch. 257, sec. 2.] The Board of School-fund Commission- ers of the state of Kansas is hereby authorized and empowered to make an order authorizing any city or school district to vote bonds for the purpose of erecting school buildings to an amount of not more than fifty per cent in excess of, and in addition to, the amount of bonds that may be voted under laws now in force. SEC. 6. Application to Vote Additional Bonds. [Laws 1911, ch. 257, sec. 3.] The power of the said Board of School-fund Commissioners herein may be invoked by the filing with it of an application by the board of education of a city or by the school-district board of a school district that the permission of the said Board of School-fund Commissioners be given for the voting and issuance of additional bonds as provided in the preceding section. The said application shall be accompanied by a petition to the board of education or the school-district board, signed by not less than one-half of the number of elec- 8. Bonds should be issued in denominations of $100, $200, and $500, to conform to the printed bonds furnished to districts by the School-fund Commissioners. 8 BONDS SCHOOL DISTRICT. [CH. 1 tors who may be entitled to vote for an issuance of bonds under the laws in force at the time of the taking effect of this act, requesting that an application as hereinbefore provided shall be filed with the said Board of School-fund Commissioners. Notice of the intention to file such application shall be given to the electors by a publication in the official county paper, in form to be prescribed by the said Board of School- fund Commissioners; and the said board shall also prescribe all rules and regulations which may be found necessary to properly carry out the provisions of this act, including rules in relation to the evidence required in support of the appli- cation and the method of furnishing such evidence. SEC. 7. Hearing of Application. [Laws 1911, ch. 257, sec. 4.] The said application shall be heard by the Board of School-fund Commissioners upon a day fixed, and the board of education or school-district board be so notified ; and which hearing shall be at the county seat of the county whence the application comes; and the said board shall make an order either granting or denying said application; and if the order made shall grant the application and call for an election to vote upon the question of issuing said increased amount of bonds, the election so called shall be held in all respects as is provided by laws in operation at the time of the taking effect of this act, and any bonds so voted and issued pursuant to such election shall be in all respects legal and valid bonds of the city or school district which votes and issues them. SEC. 8. Registration. [7634.] Before delivering any school-district bonds, the board of directors of the district issuing the same shall cause them to be registered with the clerk of the county in which the said district is located. And it shall be the duty of the county clerk, on presentation of any school bonds for registry, to register the same in a book prepared for that purpose, which register shall contain (1) the number of the district; (2) the number of the bond; (3) date of bond; (4) to whom payable; (5) when [where] payable; (6) when due; (7) when interest is due ; (8) amount of bond. The county clerk shall furnish one copy of his reg- ister to the county treasurer, and forward one copy to the state superintendent, together with a statement showing, (1) the number of sections of land in the district issuing such bonds; (2) the number of acres of land assessed and subject to taxation in said district; (3) the assessed valuation of taxable lands; (4) the assessed valuation of all personal prop- erty in such district; which statement shall be signed by each member of the school board issuing the bonds, and the county clerk shall certify under the official seal of his office to the correctness of the statement and the genuineness of the signa- tures attached thereto. (Laws 1879, ch. 49, sec. 4.) SEC. 9. Interest and Sinking-fund. [7635.] It shall be the duty of the board of county commissioners of each county CH. 1] BONDS SCHOOL DISTRICT. 9 to levy, annually, upon all the taxable property in each dis- trict in such county, a tax sufficient to pay the interest accru- ing upon any bonds issued by such district, and to provide a sinking-fund for the final redemption of the bonds, such levy to be made with the annual levy of the county and the taxes collected with the other taxes, and when collected shall be and remain in the hands of the county treasurer, a specific fund for the payment of the interest upon such bonds, and for their final payment at maturity; 9 provided, that moneys in the hands of the county treasurer belonging to the sinking-fund of the several school districts in such county shall be invested by the county treasurer, (1) in the bonds of the district to which said sinking-fund belongs, provided such bonds can be pur- chased at a price not exceeding their market or par value; (2> in the bonds of other school districts of this state maturing be- fore the bonds for which such fund is raised, provided the same can be purchased at a price not exceeding their market or par value; (3) in the bonds of the state of Kansas, or of the. United States. (Laws 1879, ch. 49, sec. 5.) SEC. 10. Interest Credited to Sinking-fund. [Laws 1911, ch. 288, sec. 1.] That whenever any city, township or school district sinking-fund shall amount to $500 and shall have been in the hands of the county treasurer for the period of one year, it shall be the duty of such treasurer, and he is hereby re- quired, to credit any such sinking-fund with its proportional share of the interest thereafter accruing from the deposit by such treasurer of the public moneys in banks as provided by law, and thereafter such interest shall belong to and be a part of such sinking-fund, and the same shall no longer belong to the county. SEC. 11. Penalty for Issuing Illegally. [7636.] If any school- district officer, whose duty it is under the provisions of this act to issue or assist in any manner in the issuance of the bonds of any school district, shall prepare, sign or deliver, or aid, counsel or assist in preparing, signing or delivering, or shall cause to be prepared, signed, or delivered, any bond or bonds of any school district, at any time before such bond or bonds are authorized by this act to be prepared, signed or de- livered, such officer shall be guilty of a felony, and upon con- viction shall be fined in a sum of not less than $500 nor more than $5000, or by imprisonment in the penitentiary for nDt less than one year and not longer than five years, or by both such fine and imprisonment. And if the board of directors of any school district, or any member thereof, shall use or dispose of any school district bonds, or the money accruing from the sale of such bonds, in any other manner or for any other purpose than that for which the same was created or 9. The sinking-fund can not legally be used in payment of any other obligation than that for which it was levied. 10 BONDS SCHOOL DISTRICT. [CH. 1 intended, he or they shall be liable to be punished by fine in any sum not less than $1000, by information or indictment in any court of competent jurisdiction, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment. (Laws 1879, ch. 49, sec. 6.) SEC. 12. Final Disposition. [7637.] On the payment of the bonds or coupons of any school district, the county treasurer shall immediately cancel the same, and indorse thereon the date of payment; and at the time of his settlements with the several school-district treasurers of his county he shall de- liver to each the canceled bonds and coupons of his district, and take a receipt therefor, and such canceled bonds and coupons shall be destroyed by the district treasurer in the presence of all the officers of the district, a complete record of their destruction being made by the district clerk. On the last Saturday of July of each year, each and every county treasurer shall make to the clerk of his county a detailed re- port of all the bonds and coupons canceled during the year, and the date of payment of the same, accompanied by the receipts given by district treasurers therefor; and the county clerk shall immediately thereafter cancel the registry of all such bonds and coupons by indorsing thereon the date of payment of each. (Laws 1879, ch. 49, sec. 7.) NOTE. All school bonds must first be offered to the School-fund Com- mission, and the commission has the option to purchase same at not more than par. See section 530 of this book. SEC. 13. Payment before Maturity. [7716.] If at any time any board of education, school district, township, county or city of any class shall have accumulated in the treasury sink- ing-fund sufficient to pay in full any bond or bonds issued by such board of education, school district, township, county or city of any class before the maturity, the state permanent school fund, State Normal School fund, or the University per- manent school fund, or Agricultural College endowment fund being the holders thereof, such board of education, school district, township, county or city of any class may pay the same to the state treasurer at the time any interest coupon is due, and take up such bond or bonds, and the state treasurer is hereby authorized to receive the same and cancel such bond or bonds and the unmatured coupons attached thereto, and deliver the same so canceled to the officer paying the amount ; provided, that the state treasurer, before delivering said bond or bonds, shall present the same to the auditor of the state, together with a statement showing the amount of coupons upon which no moneys have been received, and upon examining such state- ment, and comparing with the coupons attached to such bond or bonds, the auditor shall credit the treasurer with the amounts shown to be canceled before maturity. (Laws 1905, ch. 382, sec. 1.) CH. 1] BONDS SCHOOL DISTRICT. 11 SEC. 14. Payment before Maturity Additional Provisions. [605] Whenever any county, city, township or school district in this state shall owe any outstanding and unmatured bonds, and at the same time shall have in its treasury any sinking- funds raised to pay such bonds, the proper officers of such county, city, township or school district may use sucti funds to purchase or pay any of such bonds and cancel the same, when- ever they can be so purchased or paid at or below par, or at such reasonable price above par as may be requested by a ma- jority of the resident taxpayers of such county, city, township, or school district, and which request may be made by a written petition to that effect, directed to such officers. (Laws 1905, ch. 72, sec. 1.) SEC. 15. Payable at State Treasury. [622.] From and after the taking effect of this act all bonds issued by the state, or any county, township, municipality, or school district, and the in- terest coupons thereon, shall be made payable at the office of the state treasurer, in the city of Topeka, in the state of Kan- sas. (Laws 1908, ch. 58, sec. 2.) SEC. 16. State Treasurer to Furnish Statement. [7705.,] At least thirty days before the maturity of any bonds or coupons belonging to the permanent school fund or sinking-fund, it shall be the duty of the state treasurer to furnish a detailed statement to each county or city treasurer, or the treasurer of any board of education, of the amount due from them respectively, describing in such statement the number of the district or the name of the city, the amount of interest due, and the amount of principal due, if any. (Laws 1877, ch. 174, sec. 2.) SEC. 17. Remittance of Funds. [7706.] It shall be the duty of each county and city treasurer, and the treasurers of boards of education, to remit to the state treasurer, at least ten days before the maturity of any bonds or coupons, all moneys col- lected by them for the redemption of such bonds and coupons, and all express charges and postage shall be a proper charge against such city or school district and shall be allowed to such treasurer on settlement. (Laws 1877, ch. 174, sec. 3.) SEC. 18. Cancellation. [7707.] On receipt of any funds by the state treasurer, he shall immediately cancel all coupons or bonds for which funds are remitted, and return such coupons or bonds to the office of the treasurer remitting the same. (Laws 1877, ch. 174, sec. 4.) SEC. 19. Penalty. [7708.] Any county or city treasurer, or treasurer of any board of education, who shall neglect or refuse to perform the duties required of him by this act, shall be liable to the state in a sum equal to double the amount of such bonds or coupons remaining unpaid by reason of such neglect or refusal, which may be recovered in a suit at law 12 BONDS REFUNDING. [CH.l against such treasurer and his bondsmen; and it is hereby made the duty of the county attorney of the proper county, upon the request of the attorney-general, to prosecute all such suits. (Laws 1877, ch. 174, sec. 5.) ARTICLE II. REFUNDING BONDS. 20. Bonded indebtedness may be re- funded. 21. Bonds shall be signed by whom. 22. Bonds issued, how and when. 23. Bonds issued for payment of out- standing warrants. 24. Bonds shall be registered. 25. Indebtedness shall not be increased, when. 26. Annual levy for interest and sinking- fund. .27; : County treasurer may make levy, when. 31. 32. 33. 34. 35. 36. 28. Sinking-fund, when and how created. 29. Investment of sinking-fund. 30. Coupons paid and destroyed. Penalty for wrongful use of money. Coupons when due shall be receivable for taxes by corporation issuing. Merged districts may refund bonds. Form of bonds. Commissioners to levy. Suits against merged districts. 37. May take up merged-district bonds. 38. Law governing such indebtedness. 39. Bonds of disorganized districts. 20. Bonded Indebtedness may be Refunded. [Laws 191V ch. 67, sec. 1.] That section 588 of the General Stat- utes of Kansas of 1909 be and the said section is hereby amended to read as follows: Sec. 588. Every county, every city of the first, second or third class, the board of education of any city, every township and every school district is hereby authorized and empowered to compromise and refund its bonded indebtedness, including coupons and judgments thereon, upon such terms as can be agreed upon, and to issue new bonds with semiannual interest coupons attached in payment for any sums so compromised; which bonds shall be sold at not less than par, shall not be for a longer period than thirty years, shall not exceed in amount the actual amount of outstanding indebtedness, inclusive of attached coupons, and shall not draw a greater interest than six per cent per annum. No indebtedness of any kind shall be funded or refunded under the provisions of this act except bonded indebtedness actually existing at the time of the passage of this act or hereafter legally created; and nothing herein contained shall be con- strued to validate or invalidate any existing bonded indebted- ness ; provided, that whenever any of the property of any city of the first class having a population of 40,000 and over is subject to an indebtedness consisting of mortgage bonds, and such city of the first class has paid in cash more than fifty per cent of the purchase price of such property, then such mort- gage bonds shall be deemed to be bonded indebtedness of such city within the meaning of this act. NOTE. Maturing interest coupons may be included, but unearned in- terest coupons should not be included. See Kelly v. Cole, 63 Kan. 386. SEC. 21. Bonds Shatt be Signed by Whom. [589.] Bonds issued under this act by any county shall be signed by the chairman of the board of county commissioners, and attested by the county clerk, under the seal of the county. Bonds issued by any city shall be signed by the mayor, and attested CH. 1] BONDS REFUNDING. 13 by the city clerk, under the seal of the city. Bonds issued by any township shall be signed by the trustee, attested by the township clerk, and countersigned by the township treas- urer. Bonds issued by the board of education of any city shall be signed by the president, and attested by the clerk of the board, under the seal of such board. Bonds issued by any school district shall be signed by the director, attested by the clerk, and countersigned by the treasurer of the school-district board, and the coupons shall be signed by the mayor, president, director, trustee, or chairman of the board of county commis- sioners, and the clerks respectively. Such bonds may be in any denomination, from $100 to $1000, and made payable at such place as may be designated upon the face thereof, and they shall contain a recital that they are issued under this act. (Laws 1879, ch. 50, sec. 2.) SEC. 22. How Issued and When. [590.] When a compro- mise has been agreed upon, it shall be the duty of the proper officers to issue such bonds at the rate agreed upon to the holder of such indebtedness, in the manner prescribed in this act ; but no bonds shall be issued under this act until the proper evidence of the indebtedness for which the same are to be issued shall be delivered up for cancellation; provided, that no bonded in- debtedness shall be refunded by the board of county commis- sioners, or any mayor and city council, or any board of trustees of any township, or any school-district board, or board of education, under this act, except such as have been issued and outstanding at least two years at the time of such refunding; and provided further, that except for the refund- ing of outstanding debt, including outstanding bonds and matured coupons thereof, or judgment thereon, no bonds of any class or description shall hereafter be issued where the total bonded indebtedness of such county or township would thereby exceed one per cent 10 of the assessment for taxation, as shown by the last finding and determination by the proper board of equalization, or of such city, school district or board of education exceed one and one-fifth per cent of such assess- ment; but this restriction shall not apply to cities of the first class. (Laws 1909, ch. 62, sec. 2.) SEC. 23. Bonds Issued for Payment of Outstanding War- rants. [Laws 1913, ch. 276, sec. 1.] That the school districts in the state of Kansas, prior to the passage of this act having outstanding warrants representing valid indebtedness of the districts be, and they are hereby, empowered and authorized by and through their duly elected, constituted and appointed boards of directors or duly elected, qualified and acting boards of education to compromise and refund such indebtedness 10. Bonds can not be issued to exceed one and one-half per cent for all purposes, except as provided in sections 4 to 7. See section 1. 14 BONDS REFUNDING. [CH. 1 upon such terms as can be agreed upon and to issue the bonds of said district in any amount not to exceed the actual value of said warrant indebtedness, nor to exceed five per cent of the assessed valuation of all the taxable property in said dis- trict as ascertained by the assessor of the year 1910 ; that said bonds may be issued in any amount not less than one hundred dollars, nor more than five hundred dollars, with semi-annual interest coupons attached and shall be issued in all respects in conformity to, and in accordance with an act entitled "An act to enable counties, municipal corporations, boards of education of any city and school district to refund their indebtedness," being general sections 588 to 598 inclusive of the General Stat- utes of 1909, provided that no limitation expressed in either act shall apply to bonds issued under this act. SEC. 24. Bonds Registered. [591.] The clerk of every county, city, township, school district and board of education issuing bonds under this act shall register the same in his office. Such bonds shall also, in every case, be registered by the county clerk, showing the date, number and amount thereof, rate of interest, number of coupons and amount of each, to whom payable, where payable, date of maturity, and, if optional, under what conditions; and all bonds refunded under this act shall have the words "Paid in full" marked in a plain manner across the face of each bond and coupon so refunded, and such canceled obligations shall be carefully preserved in the office of the county clerk, or destroyed by the county commissioners, a register of the number, amount and date of issue having been first made by the county clerk. The proper officers shall, at the time of issuing refunding bonds, make out and transfer to the auditor of state a certified state- ment of all proceedings had by the proper board or city coun- cil, as shown of record, and that the said bonds have been issued for value, in all respects in conformity to this act, for certain indebtedness surrendered, distinctly describing the bonds issued and the indebtedness surrendered, and that they have been duly registered by the attesting clerk and the county clerk, as required herein, which statement shall be in such form and include such other information as the auditor of state may require, and be signed by all the officers whose sig- natures are attached to such bonds, and attested by the proper clerk with the corporate seal of the county, city, township, school district, or board of education, if any, and be duly acknowledged before the county clerk; and the auditor shall, upon being satisfied that such bonds have been issued accord- ing to the provisions of this act, and that the signatures thereto of the officers signing the same are genuine, register the same in his office in a book kept for that purpose, and shall, under his seal of office, certify upon such bonds the fact that they have been registered in his office according to law. (Laws 1891, ch. 163, sec. 3.) CM. 1] BONDS REFUNDING. 15 SEC. 25. Indebtedness Not to be Increased. [592.] In all cases in which any county, city, township, the board of educa- tion of any city, or school district, shall effect a compromise of its indebtedness under this act, at a rate of sixty-five per cent or less upon the amount of such indebtedness, and shall issue bonds therefor under the provisions of this act, such county, city, township, the board of education of any city or such school district so compromising at such a rate, shall never increase its indebtedness beyond the amount of such refunding bonds so issued under this act until the same are paid or liquidated, and any bonds that may be issued or indebtedness created in addition to such amount of refunding bonds so issued shall be absolutely null and void. (Laws 1879, ch. 50, sec. 5.) SEC. 26. Annual Levy. [593.] In every instance in which any county, city, township, the board of education of any city, or any school district, shall issue bonds under this act, it shall be the imperative duty of the proper officers of such county, city, township, the board of education of any city, or of such school district, whose duty it may be to levy taxes, to annually levy, at the time of making the levy of other taxes, a tax suf- ficient in amount to pay the interest upon said bonds and the coupons as they become due, and to create a sinking-fund as provided for in this act for the payment of the principal of such bonds; and if such officers fail or neglect to make such levy, it shall be the duty of the county clerk forthwith to levy such tax ; and in case any such officer shall neglect or refuse to levy any such tax at the time aforesaid, and in case any county clerk shall neglect or refuse to extend such tax upon the tax- roll of the county at the proper time, then, and in that case, any such officer so neglecting or refusing to levy or extend such tax shall be severally and individually liable, and shall also be liable upon his official bond to the holder of any such bond or coupon falling due during the year for which such tax should have been levied or extended for the full amount thereof, as soon as the same is due, which liability may be enforced in a civil action in the name of such holder; and any such officer so neglecting or refusing to levy or extend such tax shall also be deemed guilty of a misdemeanor, and on convic- tion thereof shall be fined in an amount equal to the amount which it may be. shown should have been so levied or extended during such year, or imprisoned in the county jail for a term of not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 6.) SEC. 27. County Treasurer to Make Levy. [594.] Should the proper officers whose duty it is to levy the taxes to pay such bonds and coupons fail or neglect to make such levy as provided for in this act, it shall be the duty of the auditor of state, at any time thereafter, to ascertain the amount of in- terest and sinking-fund or principal of such bonds, accrued 16 BONDS REFUNDING. [CH. 1 and to accrue during that year, and shall certify the amount thereof to the treasurer of the county in which such bonds were issued, setting forth the amount thus due, and whether from the county or from a particular city, township, the board of education of any city or school district within such county ; and it shall be the duty of such county treasurer, immediately upon receiving such certified statement from the auditor of state, to proceed to ascertain from the assessment roll of the county the amount of taxable property in 'such county, city, township, the board of education of any city, or such school district, and what percentage is required to be levied thereon to pay said interest and sinking-fund or principal, and when so ascertained shall levy such percentage upon the taxable property of such county, city, township, the board of education of any city, or such school district, as may be liable thereto, and shall immediately place the same upon the tax-roll of the county, in a separate column or columns, designating the pur- pose for which said taxes are levied; and the said taxes shall be collected by the county treasurer of such county in the same manner that other taxes are collected. And should such county treasurer neglect or refuse to levy such tax and place the same upon the tax-roll for collection, as herein provided, he shall be personally liable, and also liable upon his official bond to the holder of any such bonds or coupons then due for the full amount thereof, and shall also be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail for not less than three nor more than twelve months. (Laws 1879, ch. 50, sec. 7.) SEC. 28. Sinking-fund. [595.] It shall be the duty of every county, city, township, the board of education of any city, and of every school district, issuing bonds under this act, and of the proper officers thereof, to create a sinking-fund, and to levy annually a sufficient tax therefor, for the redemption of such bonds, which shall be collected as other taxes, and paid into the treasury as provided by law for other taxes, and shall re- main as a specific fund for the redemption of said bonds; the amount of which sinking-fund shall be as follows: In every instance in which bonds shall be issued under this act for twenty years or less, the quotient found by dividing the amount of the principal of such bonds by such number of years shall be the amount of sinking-fund to be levied each year for the redemption of such bonds ; but in every instance in which such bonds shall be issued for more than twenty years, it shall not be necessary to create a sinking-fund, or to levy a tax therefor, until the twentieth year prior to the maturity of such bonds, at which time, and each year thereafter, one twentieth of the principal amount of such bonds shall be levied as a sink- ing-fund for the redemption of such bonds ; provided, that any county, city, township, the board of education of any city, or CH. 1] BONDS REFUNDING. 17 any school district issuing bonds under this act, may buy in and cancel any such bonds whenever the same can be done at or below par ; and provided further, that such sinking-fund, when not required for the payment or purchase of bonds, may be in- vested in bonds of the United States or of the state of Kansas, and in no other manner; and provided further, that under the provisions of this act, the proper officers are authorized, if de- sirable, to issue instalment bonds, running thirty years, having coupons attached representing the semiannual interest to be- come due thereon ; and each coupon attached to any instalment bond shall, after five years from its date, represent one-fiftieth of its principal, which amount shall be shown by separate words and figures aside from the interest represented in the coupon, and each instalment bond shall show upon its face that its principal is included in its coupons. (Laws 1879, ch. 50, sec. 8.) SEC. 29. Investment of Sinking-fund. [Laws 1913, ch. 286, sec. 1.] That section 1, chapter 287, of the Session Laws of Kansas, 1911, is hereby amended to read as follows : Section 1. That the proper officers having charge and control of any moneys which have been or may hereafter be levied and col- lected as a sinking-fund to redeem the outstanding bonds of any county, township, city or school district, may invest such sink- ing-fund by purchasing the bonds of any county, township, city or school district within the state of Kansas, subject to the following conditions : First, no such bonds shall be purchased unless the same shall be accompanied by a certificate of the attorney general of the state of Kansas in accordance with section 6 of chapter 110 of the General Statutes of 1909 of the state of Kansas, showing such bonds to be acceptable as se- curity for deposit of state funds under the state depository law. Second, no such bonds shall be purchased under this act which shall not mature and become due at or prior to the time fixed for the payment of the bonds for which such sinking- fund was created. Third, no sinking-funds shall be invested under this act in the bonds of any county, township, city or szhool district where the bonded and floating indebtedness thereof shall exceed ten per cent of its total assessed valuation as shown by the last assessment preceding such investment. Fourth, any officer or officers investing sinking-funds under this act shall be authorized to pay such premium as may be necessary to secure the bonds desired in the open market ; pro- vided, that no premium shall be paid for any bonds purchased under this act which shall have the effect of reducing the an- nual income from such investment to less than three per cent. SEC. 30. Coupons Paid and Destroyed. [596.] Whenever the bonds or interest coupons issued under this act shall be- come due, they shall be, on presentation, promptly paid by the proper disbursing officer, out of the money in his hands col- 18 BONDS REFUNDING. [CH. 1 lected for that purpose ; and he shall indorse upon the face of any bond or coupon paid by him, in red ink, the word "Paid," and the date of payment, and sign his name thereto, and at each settlement he shall turn over the bonds and coupons so paid and canceled, which shall be carefully preserved, or de- stroyed. (Laws 1879, ch. 50, sec. 9.) SEC. 31. Penalty for Wrongful Use of Money. [597.] Any person who shall appropriate, use, or aid or abet in appro- priating or using, any of the funds or moneys mentioned in this act, for any other purpose than as in this act provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum equal to the amount of money so ap- propriated or used, and imprisoned in the county jail for not less than three nor more than twelve months, and shall also be liable in a civil action for the amount misappropriated or used, to be prosecuted by any such bondholder or other party entitled thereto. (Laws 1879, ch. 50, sec. 10.) SEC. 32. Coupons Receivable for Taxes. [598.] The in- terest coupons provided for in this act shall, as fast as they become due, be receivable in payment of taxes due to the par- ticular county, city, the board of education of any city, the township or school district which may have issued such coupons, and shall be received by all collecting officers the same as cash, in payment of such taxes. (Laws 1879, ch. 50, sec. 11.) SEC. 33. Merged Districts May Refund Bonded Indebted- ness. [7639.] That the officers of any school district or joint district, containing all, the greater amount or an equal amount to the largest fraction contained in any other existing dis- trict, of the territory of a school district heretofore or here- after disorganized (under chapter 177 of the Laws of 1899, or chapter 305 of the Laws of 1901), are hereby authorized and empowered to compromise and refund the legally existing bonded indebtedness of the merged district and to issue re- funding bonds in the manner and upon the terms prescribed by chapter 50 of the Laws of 1879 and the amendments thereto. (Laws 1903, ch. 430, sec. 1.) SEC. 34. Form of Bonds. [7640.] Bonds issued under this act shall contain a recital that they are issued in pursuance of this act and of chapter 50 of the Laws of 1879 and the amendments thereto, and shall run in the name of the merged school district, and may be substantially in the following form : STATE OF KANSAS. No $ MERGED SCHOOL-DISTRICT REFUNDING BOND. BE IT KNOWN, That merged school district No , county, state of Kansas, is indebted to in the sum of dollars, bearing interest from date at the rate of .... per cent per annum, payable semiannually, on the 1st day of January and July in each year, at the office of , in the city of , and for which coupons are hereto attached. CH. 1] BONDS REFUNDING. 19 This bond is one of .... bonds, amounting in the aggregate to $ issued for the purpose of refunding the legally existing bonded indebted- ness of said merged district, and in pursuance of chapter 430 of the Laws of 1903, and chapter 50 of the Laws of 1879 and the amendments thereto. The principal of this bond is made payable at the office of the , in lawful money of the United States, on the 1st day of , . . . . ; and for such payment the faith and property of the territory comprised in said merged district at the time of its disorganization is hereby pledged. Said merged district was disorganized on the .... day of , 19 . . , and the territory thereof was, on the .... day of , 19 . . , incorporated with school district No , county, state of Kansas. The officers signing this bond hereby certify that all the requirements of law have been fully complied with. IN TESTIMONY WHEREOF, This bond has been issued and signed by the director, attested by the clerk and countersigned by the treasurer of school district No. . . . . , and registered by the county clerk. Dated at , county of , state of Kansas, this day of , 19. .. Signed : Director. Attested: Clerk. Countersigned : Treasurer. SEC. 35. Commissioners to Levy. [7641.] It shall be the duty of the county commissioners of the county in which the territory of such merged district lies to annually cause to be levied upon the property, real and personal, in the territory of such merged district, a tax sufficient to meet the interest and provide a sinking-fund for the payment of the indebted- ness so refunded. In case of the disorganization and merger of any joint district, such tax shall be levied by the county commissioners of the respective counties wherein the territory of the merged district lies, and the moneys arising out of said levies, when collected, shall be paid to the treasurer of the county having the greater amount of the territory of said dis- trict, in the manner prescribed by section 1, chapter 226, of the Laws of 1889. (Laws 1903, ch. 430, sec. 2.) SEC. 36. Suits against Merged Districts. [7642.] Suits may be brought by or against merged districts respecting bonds so issued, and the school-district officers issuing said bonds or their successors shall appear for and in behalf of said merged district. (Laws 1903, ch. 430, sec. 4.) SEC. 37. May Take up Merged-district Bonds. [7643.] That the qualified voters of any school district or joint district containing all of the territory of two or more school districts heretofore or hereafter disorganized may, by a majority vote thereof, at a special election called for that purpose, vote to issue the bonds of such joint district for the purpose of re- funding or taking up of the bonds of the merged or disorgan- ized district contained in such joint district. Such bonds shall recite that they are issued in pursuance of this act, and shall run in the name of the joint school district; provided, that no greater amount of bonds shall be issued under this act than the total amount of bonds outstanding of the merged 20 BONDS REFUNDING. [CH. 1 districts whose territory is contained in such joint district. (Laws 1903, ch. 430, sec. 5.) SEC. 38. Law Governing Such Indebtedness. [7644.] Such indebtedness so created shall be considered and treated as and shall be governed by the laws relating to the general indebted- ness of school districts. (Laws 1903, ch. 480, sec. 6.) SEC. 39. Bonds of Disorganized Districts. [7422.] If any disorganized school district has a legally existing bonded in- debtedness at the time of its disorganization, such indebted- ness shall attach to and be a charge against the territory comprised in such disorganized district at the time of its dis- organization ; and it shall be the duty of the county commis- sioners of such county annually to cause to be levied upon the property, real or personal, in such disorganized territory a tax sufficient to meet the interest and provide a sinking-fund for the payment of such indebtedness. Whenever the bonded in- debtedness of any disorganized district can be advantageously compromised and refunded, the officers of the school district to which such disorganized district shall be attached, or has heretofore been attached, or into which it has been merged, shall have the power, and it shall be their duty, to issue re- funding bonds for such purpose, in the same manner and under the same restrictions and regulations now provided by law for the refunding of other school-district bonds. (Laws 1905, ch. 383, sec. 1.) CH. 2] BUSINESS COLLEGES. 21 CHAPTER II. BUSINESS COLLEGES. 40. Permit to canvass. ! 43. Penalty for canvassing without a per- 41. Revocation of permit to canvass. mit. 42. Permit to be shown by agent. 44. Notes or contracts, void, when. SECTION 40. Permit to Canvass. [7757.] That it shall be unlawful for any representative or any agent of any business college, or commercial department' of any other school, to can- vass in the state of Kansas for the purpose of selling tuition in advance, or to contract, or to secure their note for any tuition before the registration of said student in the college register at the college, without the school first making appli- cation to the state superintendent of public instruction and receiving from him a written permit, granting such school this privilege. The state superintendent of public instruction, upon receipt of said application, shall, before granting such a permit, publish a notice of said application in the official state paper for a term of thirty days, at the end of which time he shall grant the school making application such permit; pro- viding, however, that satisfactory proof has not come to his knowledge, after a diligent inquiry, that said school or busi- ness college or commercial department is incompetent to fur- nish such a course of instruction as it advertises, or that the moral surroundings of the institution are not good, or that the premises are kept in an unhealthy condition, or that the agents of said institution use misrepresentations or fraud- ulent methods in securing contracts, notes or cash from prospective students, and in either of these cases he shall refuse to grant them a permit. (Laws 1909, ch. 204, sec. 1.) SEC. 41. Revocation of Permit to Canvass. [7758.] After having granted any business college, commercial school, or commercial department of any other school a permit to canvass, and such school shall violate any of the conditions required to secure a permit, then the state superintendent of public instruction shall revoke the permit and shall not reissue a per- mit to that school until he is satisfied that they will comply with the foregoing requirements. (Laws 1909, ch. 204, sec. 2.) SEC. 42. Permit to be Shown by Agent. [7759.] Any agent or representative of any such school doing business within the state, or without the state, when operating within the state of Kansas, shall, upon request of any person, show a permit or certified copy thereof, showing that the school he represents has permission to canvass within the state. (Laws 1909, ch. 204, sec. 3.) SEC. 43. Penalty for Canvassing Without a Permit. [7760.] Any person who shall violate this act by canvassing for stu- dents with the intention of selling tuition for cash, contract or 22 BUSINESS COLLEGES. [CH. 2 note for any business college, commercial school or any com- mercial department of any other school without first having this permit from the state superintendent of public instruc- tion, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. (Laws 1909, ch. 204, sec. 4.) SEC. 44. Notes or Contracts Void, When. [7761.] Any note or contract taken by any such business college or the commercial department of any other school, or their agents or representatives, for tuition without first having complied with the provisions of this act shall be void. (Laws 1909, ch. 204, sec. 5.) CH.3] CERTIFICATES STATE. 23 CHAPTER III. CERTIFICATES. ARTICLE L STATE CERTIFICATES. 4.5. State Board of Education. 46. Meetings and powers of state board. 47. Additional state certificates. 48. Approval of course of study. 49. Examinations; standard. 50. Certificate issued. 51. Institutions to which the provisions may extend. 52. State certificate issued to graduates of certain institutions. 53. Certificates from other states recog- nized. 54. Certificates void, when. 55. Certificates canceled, when. 56. Renewal. 57. Graduates in normal courses. 58. Normal School certificates. 59. Certificates renewable. 60. Registered and signed by state super- intendent. 61. State Normal School certificates. 62. Registration of certificates and di- plomas. 63. Duty of county superintendents and clerks of boards of education. 64. Unlawful to pay salarv. 65. No fees. 66. Registration reported to state super- intendent. 67. Does not revive lapsed certificate. SECTION 45. State Board, of Education. [7496.] There shall be a State Board of Education, consisting of the state su- perintendent of public instruction, the chancellor of the State University, the president of the State Agricultural College, the president of the State Normal School, and three others to be appointed by the governor by and with the consent and advice of the senate, selected from among those engaged in school work in the schools of the state. The three thus appointed by the governor shall hold their office for a term of two years, or until their successors are duly appointed and qualified. The State Board of Education thus constituted are hereby author- ized and empowered to issue state diplomas to such profes- sional teachers as may be found, upon critical examination, to possess the requisite scholarship and culture and who may also exhibit satisfactory evidence of unexceptionable moral char- acter and of eminent professional experience and ability, and who have taught for two years in the state. All such diplomas shall be countersigned by the state superintendent of public in- struction, and shall supersede the necessity of any and all other examinations of the persons holding the same by county, city or local boards of examiners, and such diplomas shall be valid in any county, city, town or school district in the state during the lifetime of the holder, unless revoked by the State Board of Education. (Laws 1893, ch. 132, sec. 1.) SEC. 46. Meetings and Powers of Board. [7498.] That sec- tion 6214 of the General Statutes of 1901 be amended to read as follows : The State Board of Education shall meet at such times and places as by them may be deemed necessary and transact such business as may legally come before them, and examine all applicants who may present themselves for such examination ; and, if satisfied with the scholarship, culture and moral character of the applicant, and with his professional at- tainments and experience, said board shall issue a state diploma 24 CERTIFICATES STATE. [CH. 3 or certificate, as the case may be, in accordance with such ex- amination and the provisions of the law. The state board shall prescribe a course of study for the normal institutes and for the public schools of the state, and shall revise the same when the interests of the schools require it; provided, that the course of study for elementary schools shall include all studies required by chapter 435 11 of the Session Laws of 1903 and section 6235 12 of the General Statutes of 1901. The auditor of state is hereby authorized to issue warrants upon the state treasurer against any funds not otherwise appropriated for the actual expenses of the members of said Board of Education incurred in attending the meetings or examinations provided for in this act, except for the examinations as specified in section 8 of this act; provided, in each case, that said warrant shall issue only upon the statement verified by affidavit of the member sub- mitting such account, and approved by the secretary of said Board of Education ; provided, also,, that the sum total of said expenses of the board shall not exceed $300 per annum. (Laws 1905, ch. 387, sec. 1.) SEC. 47. Additional State Certificates. [7497.] The State Board of Education are furthermore authorized and empow- ered to issue state certificates of high qualifications to such teachers as may be found, upon examination, to possess the requisite scholarship, and who may also exhibit satisfactory evidence of good moral character, and ability to teach, and skill to govern and control children. The certificates issued by the State Board of Education may be of two grades one for three years and one for five years; and all certificates is- sued by said board shall be countersigned by the state super- intendent of public instruction, and such state certificate shall supersede the necessity of all other examinations of the per- sons holding them by county or local boards of examiners ; and such certificates shall be valid in any county, city, town, or school district in the state for the term of three or five years (as therein set forth), unless sooner revoked by said State Board of Education. (Laws 1876, ch. 122, art. 6, sec. 8.) SEC. 48. Approval of .Course of Study. [Laws 1911, ch. 276, sec. 1.] That Section 7499, General Statutes of 1909, be amended to read as follows: Sec. 7499. Upon application of any college or university, or educational institution of like standing, incorporated under the general laws of the state of Kansas, and requiring a four-year high-school course or its equivalent, approved by the State Board of Education, as a condition of admission to its freshman class, the State Board of Education shall have the power to examine the course of 11. Section 285 of this book. 12. Section 85 of this book. CH. 3] CERTIFICATES STATE. 25 study prescribed and the character of the work done by it, and if in the judgment of said board the course of study and the character of the work done shall be of such standing as to prepare the graduates of such institution to teach successfully in the public schools of this state, and if said institution main- tains a department of education and the course of study pre- scribed includes work in said department satisfactory to the State Board of Education, the board shall place such institu- tion on the accredited list. (See notes a to i, page 29 of this book. SEC. 49. Examinations; Standard. [Laws 1911, ch. 276, sec. 2.] That section 7500 of General Statutes of 1909 be amended to read as follows : Sec. 7500. Any institution on the accredited list shall be subject to examination by the State Board of Education at its pleasure with respect to its course of study, its equipment, and the character of its work ; and addi- tional requirements may be made at the pleasure of the board. Any institution failing to maintain a standard satisfactory to the State Board of Education shall be dropped from the ac- credited list. SEC. 50. Certificate Issued. [Laws 1911, ch. 276, sec. 3.] That section 7501, General Statutes of 1909, be amended to read as follows: Sec. 7501. To all persons graduating from such approved courses of study in institutions on the accredited list the State Board of Education shall issue a three-year state certificate, and at the expiration of said certificate said board shall issue a life certificate in lieu of the first one issued, pro- vided the holder shall have taught successfully at least two years out of the three and has kept himself informed in the general literature of his profession. SEC. 51. Institutions to which the Provisions May Extend. [Laws 1911, ch. 276, sec. 4.] That section 7502 of General Statutes of 1909 be amended so as to read as follows: Sec. 7502. The provisions of sections 1, 2 and 3 of this act shall apply to the State University and the State Agricultural Col- lege, and may, at the discretion of the State Board of Edu- cation, be extended to any institution in any of the United States which shall satisfy the said board that it maintains an efficient department of education and meets the other require- ments for schools on the accredited list. SEC. 52. State Certificates Issued to Graduates of Certain Institutions. [Laws 1911, ch. 276, sec. 5.] That section 7521 of General Statutes of 1909 be and same is hereby repealed. Any graduate of the school of arts of the University of Kansas, or of any university or college incorporated under the laws of this state maintaining a department of education and re- quiring a four-year high-school course or its equivalent, ap- proved by the State Board of Education, as a condition of 26 CERTIFICATES STATE. [CH. 3 admission to its freshman class, and maintaining a regular four-year course thereafter for graduation, and accredited as such by the State Board of Education, shall, upon presentation to said board of satisfactory evidence of graduation from such accredited course of study in said university or college, receive from said board a three-year certificate to teach in the public schools of this state; provided, that the course of study com- pleted by such graduate of the above-described institutions shall have included such work in the department of education as shall be satisfactory to the State Board of Education. SEC. 53. Certificates from Other States Recognized. [7506.] When the State Board of Education is satisfied that any resi- dent of this state, holding a state certificate issued by any other state in the United States, secured the same by pass- ing an examination equivalent to that given by said board, it may issue to said person the certificate as provided for in section 3 of this act, without further examination. (Laws 1893, ch. 132, sec. 10.) SEC. 54. Certificates Void, When. [7507.] All life certifi- cates issued by the State Board of Education or by the re- gents of the State Normal School shall be void if the holder of the same should not be engaged in school work for three consecutive years; provided, that certificates may be re- newed by the State Board of Education. (Laws 1893, ch. 132, section 11.) SEC. 55. 33 Certificates Canceled, When. [7508.] The said State Board of Education is empowered to cancel any state certificate which said board, on satisfactory proof, finds to be held by a person of immoral character or otherwise disquali- fied for a teacher. (Laws 1893, ch. 132, sec. 12.) SEC. 56. Renewal. [7523.] Any person holding a three- year certificate granted in accordance with the provisions of section 1 or section 2 of this act 14 may, at any time within six months before or after its expiration, apply to the State Board of Education for a life certificate, and if it shall appear to the said State Board of Education that the applicant is of good moral character, has taught successfully not less than two years of the three, and "has kept himself well informed in the general literature of his profession, a life certificate shall be issued to said applicant by said Board of Education; provided, that such life certificate shall be void if the holder thereof is out of the teaching profession for three consecutive years; provided, that life diplomas 15 may be renewed by the State Board of Education. (Laws 1899, ch. 179, sec. 4.) 13. See section 84 of this book for additional cause for revocation. 14. Section 52 of this book. 15. "Diploma," as here used, refers to the life certificate mentioned in this section. CH. 3] CERTIFICATES STATE. 27 SEC. 57. Graduates in Normal Courses. [7522.] The State Agricultural College and any educational institution incor- porated under the laws of this state, and accredited by the State Board of Education as maintaining a course of study including all the branches prescribed by law and required by said State Board of Education for securing a three-years certificate to teach in the public schools of the state, is hereby authorized to grant a diploma the form of which shall be prescribed by the State Board of Education to any person who shall complete the above-specified course of study, which diploma shall be accepted by the State Board of Education as authorization for granting to the holder of such diploma a three-years certificate 16 to teach in the public schools of the state of Kansas; provided, said person shall have given not less than twenty weeks to practice teaching under the pro- vision of the pedagogical department of said educational in- stitution. (Laws 1899, ch. 179, sec. 3. ) SEC. 58. Normal School Certificates. [8378.] The board of regents of the State Normal School shall have power to fix for the State Normal School and its auxiliaries courses of study, preparatory and normal, and shall fix, in addition to the two-years course as now provided by law, a course of not less than three years in the normal department of each of the auxil- iary schools, in such manner as may seem to them economical and effective in the training of teachers ; and, in so doing, they shall not be limited by any of the restrictions heretofore made as to subjects of [or] the length of courses; and before issu- ing the life diploma on completion of the full course of instruc- tion in the State Normal School, as provided by law, the said board of regents shall issue to students of the State Normal School and its auxiliaries a one-year state certificate 17 on the completion of the first two-years course at the Normal School or its auxiliaries, as heretofore, and shall on the completion of the three-years course in the State Normal School or its auxiliaries issue a diploma, which shall be a certificate valid for teaching in the public schools of the state for three years. 18 (Laws 1905, ch. 388, sec. 1.) SEC. 59. Certificates Reneiuable. [8379.] Said board may provide courses of study for the State Normal School and its auxiliaries according to the standard set for accredited schools under the certificate law of 1899, and may issue to graduates of such courses the three-years state certificate entitling such graduates to its privileges, including renewal by the State Board of Education, as provided by law. And said board of 16. This certificate is not renewable. 17. These certificates are not renewable. 18. These certificates are not renewable. 28 .CERTIFICATES STATE. [CH. 3 regents of the State Normal School shall have power to confer such degrees as they may deem proper ; but no honorary degree without a year or more of actual enrollment in school or with- out corresponding literary, scientific and professional attain- ments shall ever be granted by the State Normal School. (Laws 1905, ch. 388, sec. 2.) SEC. 60. Registered and Signed by State Superintendent. [8380.] All teachers' certificates and all diplomas having cer- tificate value shall, before they are issued by this board, be presented to the state superintendent of public instruction for his signature and for registration in his office. (Laws 1905, ch. 388, sec. 3.) SEC. 61. State Normal School Certificate. [8343.] As soon as any person has attended said institution twenty-two weeks, said person may be examined in the studies required by the board, in such manner as may be prescribed, and if it shall appear that said person possesses the learning and other qualifications necessary to teach a good common school, said person shall receive a certificate to that effect from the prin- cipal, to be approved by the superintendent of public instruc- tion; and as soon as any person shall have completed the full course of instruction in the State Normal School, he or she shall receive a diploma, which, when signed by the president of the institution, state superintendent of public instruction, and the board of directors of said school, shall be evidence that the person to whom such diploma is granted is a graduate of the State Normal School, and entitled to all the honors and privileges belonging to such graduates ; and such diploma shall serve as a legal certificate of qualification to teach in the com- mon schools of this state. (Laws 1864, ch. 99, sec. 13.) SEC. 62. Registration. [7527.] That every state certifi- cate, state diploma or any other document issued by the State Board of Education as a teacher's certificate, and every Kan- sas State Normal School diploma, one-year certificate or any other document issued by the Kansas State Normal School as a teacher's certificate, must be registered by the county superin- tendent of the county, or with the clerk of the board of educa- tion of the city of the first or second class, in which the holder contracts to teach. Failure, neglect or refusal to comply with the foregoing provisions will render said certificate, diploma, Normal School diploma or other document void as a teacher's certificate in such county or city of the first and second class until such registration is complied with. (Laws 1905, ch. 394, sec. 1.) SEC. 63. Duties of Certain Officers. [7528.] It shall be the duty of the county superintendent or clerk of the board of education of a city of the first or second class to register all such certificates, diplomas or other documents when presented CH. 3] CERTIFICATES STATE. 29 to him by the holder thereof. It shall be the duty of said super- intendent or clerk to provide a suitable record for this pur- pose ; said record to show the name and address of the holder, kind of certificate, diploma or other document held, date of issue and date of expiration, if issued for other period than the life of the holder. It shall be the further duty of the county superintendent or clerk of the board of education to issue to such holder a statement of the kind of certificate, di- ploma or other document held, giving date of issue and date of expiration of same. (Laws 1905, ch. 394, sec. 2.) SEC. 64. Unlawful to Pay Salary, When. [7529.] It shall be unlawful for any district board, board of education or board of trustees of any county high school to issue an order for payment of the salary for services as teacher of any holder of said certificate, diploma or other document unless said holder presents a certificate of registration as proivded for in section 2 of this act. (Laws 1905, ch. 394, sec. 3.) SEC. 65. No Registration Fee. [7530.] No fee shall be charged for the registration required by this act. (Laws 1905, ch. 394, sec. 4.) SEC. 66. Report to State Superintendent. [7531.] It shall be the duty of the county superintendents and clerks of boards of education of cities of the first and second class to report, in October and March of each year, to the State Board of Educa- tion all certificates, diplomas or other documents registered in their respective counties or cities. It shall be the duty of the state superintendent to provide necessary blanks for this re- port. (Laws 1905, ch. 394, sec. 5.) SEC. 67. No Revival. [7532.] No provisions of this act shall be construed to revive a state certificate, state diploma or State Normal School diploma which has lapsed under provisions of section 6223 19 of the General Statutes of 1901, nor any cer- tificate or diploma which has lapsed by expiration of time for which it was issued. (Laws 1905, ch. 394, sec. 6.) 19. See section 54 of this book. Accredited Colleges. Notes on sections 48 and 57 of this book. a. The board interprets the law as requiring that institutions asking to be accredited must establish and maintain a distinct department of pedagogy, filled by a teacher of eminent educational qualifications, secured through long experience in the schoolroom and through special peda- gogical studies, or by a full college course which shall have included the pedagogical subjects which he shall be required to teach. b. Those colleges whose courses have been approved are required to have a minimum of 100 volumes of standard works in their pedagogical libraries, and the State Board of Education reserves the right to raise this minimum requirement from time to time. In determining this mini- mum, duplicate copies will not be counted. c. The board will recognize summer work in accredited colleges only when such work is done in a regularly organized term and by regular 30 CERTIFICATES COUNTY. [CH.3 ARTICLE II. COUNTY CERTIFICATES. 69. 70. 71. 72. 73. 77. 78. 79. 80. 81. 82. 83. 84. first Examiners exempt. Grades of certificates. Third grade ; second grade ; grade; renewal. Renewal of professional certificates; high school credits. Temporary certificate. Issued on examination. County certificates, where valid. Revocation; causes for. 85. Examination of teachers in physiol- 86. ogy and hygiene. Examinations in districts employing ten or more teachers. 68. County board of examiners, how con- stituted; qualifications and appoint- ment. Public examinations; notice of same. Examinations in other counties and at state schools. Special examinations. Fees for certain examinations. Uniform examinations. 74. State superintendent shall forward auestions. awful use of examination ques- tions. 76. Penalty for unlawful use of exami- nation questions. SECTION 68. County Board of Examiners. [7485.] In each county there shall be a board of county examiners, composed of the county superintendent, who shall be ex officio chairman of the board, and two competent persons, holders of professional certificates or first-grade certificates, or of state certificates, or of diplomas from the state University, the State Normal School, or the State Agricultural College, who shall be appointed by the county commissioners on the nomination of the county superintendent, and shall serve one year from the time of their respective appointments, and each of whom shall receive for his services the sum of three dollars per day for not to exceed twenty-four days in any one year. (Laws 1905, ch. 390, sec. 1.) SEC. 69. Public Examinations. [7486.] The board of councy examiners, two of whom shall constitute a quorum, shall, on instructors; provided, that the amount of credit given shall not be greater than the amount of credit given for an equal time in the regular school year. d. The texts to be used in all of the subjects embraced in the course are to be those approved by the State Board of Education, or those gen- erally recognized as their equivalent. e. Permanent records of the work of each student are to be kept, giving a full history of his entrance and course until graduation. /. Institutions asking approval of their normal courses under the law of 1899 must maintain a course equivalent to the two-year college course at the State Normal School, including twenty weeks' practice teaching, under the head of the pedagogical department. Practice teach- ing referred to must not include any teaching for which pay is received. g. The interpretation by the board of the term "practice teaching," as contained in the law (Laws of 1899, chapter 179, section 3), is, that it means actual model-school work as given at the State Normal School, and that it requires the establishment of model schools, connected entirely with the institutions approved. h. Certificates granted to graduates of normal courses of accredited institutions under the law of 1899 are not renewable. Not less than two years of resident work in an accredited college will be approved by the board, one of which shall be in the college granting the diploma. i. Common-school texts in college subjects do not meet the standard approved by the board. CH. 3] CERTIFICATES COUNTY. 31 the last Saturday of January and of October, and on Saturday of the last week of the county normal institute, together with the Friday preceding each such Saturday, only at such places as may be designated by the chairman (who shall give ten days' notice of each examination), publicly examine all persons pro- posing to teach in the common schools of the county (cities of the first and second class excepted) as to their competency to teach the branches prescribed by law ; 20 said board shall open each separate package of questions not earlier than the hour specified thereon by the state superintendent, and shall give the candidates the questions at the hour specified for the begin- ning of the examination on that subject; said board of ex- aminers shall issue certificates, as by law provided, to all such applicants as shall pass the required examination and satisfy the board as to their good moral character and ability to teach and govern schools successfully. 21 (Laws 1905, ch. 391, sec. 1.) SEC. 70. Examinations in Other Counties and at State Schools. [7487.] Applicants for any grade of county certifi- cates for any county of the state may write in the examination given in any other county of the state, or, if students at the State University, State Agricultural College, or State Normal School or either of its auxiliaries, at an examination conducted by the presiding officer thereof, on the questions and under the laws and regulations for the county examination; and the county examining board of any county, on receiving the papers, with a properly signed certificate on a blank to be provided by the state superintendent, together with one dollar 20. Section 69 provides that the county board of examiners "shall pub- licly examine all persons proposing to teach . . . as to their com- petency to teach the branches prescribed by law." Sections 285 and 85 indicate what branches shall be taught in the public schools. 21. The awarding of a county certificate, or any other act within the jurisdiction of the county board of examiners, must have duly received, in the lawful course of business, the consent of at least two members of the board, in order to be, legally, an act of the board. County certifi- cates can be legally granted only by the board. A county certificate can not be lawfully dated back beyond the time when the county board, in the lawful course of business, actually awarded the same. Although the county board may, by revocation for cause, abridge, they can not lawfully extend the time during which a certificate issued by them shall be in force, nor renew the same without a public examination of the holder thereof, except as provided by law. A public examination is the only legal basis for the issuance of a cer- tificate. It is the province of the board to determine the standing of the applicant in every study, and to inquire into the "competency" of the candidate to teach and govern a school successfully. It is proper for the board to refuse a certificate to an applicant passing the necessary examination but not satisfying the board as to his ability to "teach and govern a school successfully." Certificate in Case of Joint District. In the case of a joint district, the certificate must be issued by the board of examiners of the county in which the largest amount of territory is found. 32 CERTIFICATES COUNTY. [CH. 3 for the institute fund for each applicant, shall issue certificates as provided in case of regular county examinations. (Laws 1905, ch. 391, sec. 2.) SEC. 71. Special Examinations. [7488.] Each county su- perintendent may, if he deems it necessary, conduct a special examination at the time of the closing of normal institutes in some other county or counties ; provided, that the examination conforms to the laws in all other respects, including the ques- tions prepared for that examination, and it shall be the duty of the state superintendent to furnish these questions, if notified by the county superintendent ten days before the date of the examination that he has accepted fees from two or more can- didates for that examination. (Laws 1905, ch. 391, sec. 3.) SEC. 72. Fees. [7489.] Each candidate for the examina- tion under the provisions of section 2 and section 3 of this act shall pay a fee of one dollar for this examination if taken at a state educational institution, or two dollars if taken before a county examining board, one dollar of which shall go into the institute fund of the county in which the examination is written. (Laws 1905, ch. 391, sec. 4.) SEC. 73. Uniform System of Examinations. [7517.] That the State Board of Education is hereby instructed to prepare a series of questions for each examination, to be used in each county of the state of Kansas for the examination of teachers ; and the state superintendent is hereby instructed to procure the printing of the same and distributing to the superintend- ents of the several counties in the state, as hereinafter pro- vided. (Laws 1885, ch. 180, sec. 1.) SEC. 74. Questions Shall be Forwarded. [7518.] The state superintendent shall forward all questions to the superintend- ents of the several counties in the state of Kansas ; provided, that said questions shall be forwarded in time to reach their destination at least two days before required for use ; and pro- vided further, that said questions shall not be opened except in the presence of a majority of the examining board on the day and hour of examination. 22 (Laws 1885, ch. 180, sec. 2.) SEC. 75. Unlawful Use of Examination Questions. [7754.] It shall be unlawful for any person to sell or offer for sale, or buy or offer to buy, or to distribute, or have in his or her possession any printed or written examination questions pre- pared for any examination to be held for the purpose of test- ing the qualifications of persons desiring to be admitted to the practice of any of the professions in this state in which it is required that such persons be examined as to their qualifica- tions, or any printed or written examination questions pre- pared for teachers' examinations for any of the schools of this state, or of any printed or written examination questions 22. See section 69 of this book. CH. 3] . CERTIFICATES COUNTY. 33 prepared for the final examination of any students in any of the higher institutions of learning of this state, desiring to graduate from said institutions, prior to the time of the hold- ing of such examination. (Laws 1909, ch. 208, sec.l.) SEC. 76. Penalty for Unlawful Use of Examination Ques- tions. [7755.] Any person selling or offering to sell, buying or offering to buy, distributing or having in his or her possession any such examination questions, contrary to the provisions of section 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county jail for not less than ten days nor more than six months. (Laws 1909, ch. 208, sec. 2.) SEC. 77. Examiners Exempt. [7756.] The provisions of this act shall not be construed to prevent the proper officials or instructors whose duty it is to conduct the said examina- tion, referred to in section 1 of this act, from haying in their possession printed or written copies of such examination ques- tions. (Laws 1907, ch. 208, sec. 1.) SEC. 78. Grades of Certificates. [Laws 1911, ch. 277, sec. 1.] That section 1 and section 2 of chapter 341 of the Session Laws of 1907, and section 5 and section 6 of chapter 424 of the Session Laws of 1903 be and are hereby amended so as t* read as follows : Certificates issued by county boards of exam- iners shall be of three grades, namely, third grade, second grade and first grade, and shall continue in force in the order named for the respective periods of one year, two years and three years. SEC. 79. Third Grade; Second Grade; First Grade; Re- newal. [Laws 1913, ch. 268, sec. 1.] That section 2 of chap- ter 277 of the Session Laws of 1911 be and is hereby amended so as to read as follows : Sec. 2. Certificates of the third grade may be issued to persons of not less than eighteen years of age on passing a satisfactory examination ; provided, that not more than two third grade certificates may be issued to the same in- dividual if the applicant has taught three months; provided further, that each applicant for a third grade certificate shall give satisfactory evidence of good moral character, and shall by a written examination secure an average grade of seventy- five per cent with no grade below sixty per cent in the fol- lowing branches: orthography, reading, writing, English grammar, and composition, geography, arithmetic, United States history, Kansas history, civil government, physiology and hygiene, elements of agriculture, the principles and meth- ods of teaching and elementary science including at least an elementary knowledge of physical geography and botany. Cer- tificates of the second grade may be issued to persons of not less than eighteen years of age who have taught successfully -2 34 CERTIFICATES COUNTY. [CH. 3 not less than three school months, 23 and who shall give satis- factory evidence of good moral character, and who shall by a written examination secure an average grade of eighty per cent with no grade below sixty per cent in all branches re- quired for a third grade certificate and in addition music and English literature. Certificates of the first grade may be is- sued to persons of not less than twenty years of age, who shall have taught successfully for not less than twelve school months, 23 who shall give satisfactory evidence of a good moral character and who shall fully satisfy the board of examiners of their ability to teach all the branches required for a second grade certificate, and in addition thereto algebra, ancient and modern history, bookkeeping and elementary science including an elementary knowledge of physical geography, botany and physics, provided, that by a written examination applicants shall secure an average grade of ninety per cent with no grade below seventy-five in any one branch; provided further, that any person holding a second grade certificate may retain for two years any grade of ninety per cent or more, secured at not to exceed four regular county teachers' examinations, and such grade shall be applied toward meeting the requirements for a first grade certificate, but no grade received prior to the issuance of such second grade certificate shall be so ap- plied ; 24 provided further, that a first grade certificate may be renewed 25 at its expiration upon the payment of a fee of one dollar for the use of the county institute fund if it is shown that the holder has attended at least ninety per cent of the time of at least one normal institute, or has had six weeks' professional training in some approved school, during the period for which the certificate has been issued ; and provided further, that the applicant shall have performed such profes- sional work as the county superintendent shall direct, and shall not have remained out of school work longer than two consecutive years, and provided further that said applicant must have grades in the subjects required for first grade cer- tificates under this act. SEC. 80. Renewal of Professional Certificates; High-school Credits. [Laws 1913, ch. 268, sec. 2.] That section 3 of chap- ter 277 of the Session Laws of 1911 read as follows: Sec. 3. 23. This experience need not have been had in Kansas, nor in the pub- lic schools, but must be shown to the satisfaction of the board of ex- aminers. 24. Carrying Grades. The law does not authorize the carrying of grades from one examination to another, except as provided for first- grade certificates in this section, nor the granting of any privileges per- taining to the examination as a reward for attending normal institutes. 25. A first-grade certificate may be indorsed in another county and thereafter may be renewed in that county. CH. 3] CERTIFICATES COUNTY. 35 All professional certificates in force at the time of the passage of this act shall, at their expiration, be renewed by the issuance of first grade certificates, and no professional certificates shall be issued after the passage of this act; provided, that after May 1st, 1914, no person shall be granted a second grade cer- tificate who has not at least one year's credit in a high school, or the equivalent thereof as provided by the state board of ed- ucation, and no person after May 1st, 1914, shall be granted a first grade certificate who has not at least two years' credit in a high school or the equivalent thereof; and it is especially provided that credit in a high school as before mentioned may be obtained either by resident attendance or by an examination on the subjects comprising the course of study for said high schools. In all cases where high school credit is obtained by examination rather than by resident attendance upon such high school the questions shall be prepared by the state board of education and the papers shall be graded by the state board of education and a fee of $1.00 shall be charged of each appli- cant, one half of which shall be turned into the institute fund of the county in which the examination is held and one half shall be forwarded to the state board of education to pay for grading examination papers as before mentioned. SEC. 81. Temporary Certificate. [7534.] That the county superintendent of any county in this state, upon request made in writing by such district board, is authorized to issue tem- porary teachers' certificates to any person not under eighteen years of age applying therefor, when in the judgment of such county superintendent the applicant is a person of good moral character and possesses the necessary qualifications of a teacher; provided, however, that such applicant make affi- davit that he has not failed in the last preceding examination for teachers' certificates in any county in this state; and pro- vided further, that such temporary certificate, when issued, shall not be effective or in force from or after the next quarterly examination for teachers' certificates in the county wherein same was issued. 26 (Laws 1907, ch. 342, sec. 1.) SEC. 82. Issued on Examination. [7494.] No certificate shall be issued by any county board or county superintendent except upon examination as provided in this act; provided, that county boards may renew professional certificates from year to year, as provided for in section 4 of this act. 27 (Laws 1903, ch. 424, sec. 7.) SEC. 83. County Certificates, Where Valid. [7495.] No cer- tificate shall be of force except in the county in which it is 26. At the expiration of a temporary certificate another temporary certificate can not be issued. 27. Professional certificates are no longer issued. First-grade cer- tificates may be renewed as provided in section 79. 36 CERTIFICATES COUNTY. [CH. 3 issued ; provided, that the county superintendent may indorse 28 unexpired professional and first-grade, second- and third-grade certificates issued in other counties, on payment of the usual fee of one dollar, which certificate shall thereby be valid in the county in which such indorsement is made for the unex- pired term of the certificate. 29 A certificate issued under this act may be revoked by the board of examiners on the ground of immorality or for any cause that would have justified the withholding thereof when the same was granted. (Laws 1905, ch. 393, sec. 1.) SEC. 84. Revocation; Causes For. [7526.] Any certificate issued by the State Board of Education, regents of the State Normal School, county board of examiners or city board of examiners may be revoked by the body issuing the same on the grounds of immorality, gross neglect of duty, annulling of written contracts with boards of education and district boards without the consent of a majority of the board which is a party to the contract, or for any cause that would have justified the withholding thereof when the same was granted. (Laws 1905, ch. 392, sec. 1.) SEC. 85. Examination of Teachers in Physiology and Hy- giene. [7519.] No certificate shall be granted to any person to teach in any of the public schools of this state after the 1st day of January, 1886, who has not passed a satisfactory ex- amination in the elements of physiology and hygiene, with special reference to the effects of alcohol stimulants and nar- cotics upon the human system; and provision shall be made by the proper officers, committees and boards for instructing all pupils in each public school supported by public money and under state control upon the aforesaid topics. (Laws 1885, ch. 169, sec. 1.) SEC. 86. Examination in Districts Employing Ten or More Teachers. [7533.] That in any common-school district em- ploying ten or more teachers therein, the school board may appoint two competent persons, who, together with the super- intendent of the school of such district, shall constitute an ex- amining committee of such school board, whose duty it shall be to examine all persons who may apply to them as teachers ; and no person except one who holds a diploma or a certificate from the State Board of Education or a diploma from the State Normal School shall be elected by such board as a teacher who can not produce a certificate from the examining committee, 28. The indorsement of any county certificate by the county superin- tendent is required unless a valid reason exists for withholding indorse- ment. 29. The indorsement of a certificate by a county superintendent in a county other than the one in which it was issued makes it a legal certifi- cate in the county where indorsed until it expires by limit of date. A specified limitation accompanying the indorsement is of no effect. CH. 3] CERTIFICATES COUNTY. 37 and setting forth that such person is competent to teach in such department of said school as may be stated in the cer- tificate and is a person of good moral character ; and provided, that a person holding such state diploma, state certificate or State Normal School certificate or a certificate granted by the aforesaid examining committee shall not be required to take any county teachers' examinations. (Laws 1907, ch. 340, sec. 1.) 38 CHILD LABOR. [CH.4 CHAPTER IV. CHILD LABOR. 87. Employment of children under four- teen. 88. Employment of children under six- teen. 89. Certificate of age required. 90. Duties of inspectors. 91. Penalty. SECTION 87. Employment of Children Under Fourteen. [5094.] No child under fourteen years of age shall be at any time employed, permitted or suffered to work in, or in con- nection with, any factory, workshop not owned or operated by the parent or parents of the said child, theater or packing- house, or operating elevators, or in or about any mine. It shall be unlawful for any person, firm or corporation to em- ploy any child under fourteen years of age in any business or service whatever during the hours in which the public school is in session in the district in which said child resides. (Laws 1909, ch. 65, sec. 1.) SEC. 88. Employment of Children Under Sixteen. [5095.] It shall be unlawful for children under sixteen years of age, who are employed in the several vocations mentioned in this act, or in the distribution or transmission of merchandise or messages, to be employed before seven o'clock A. M. or after six o'clock P. M., or more than eight hours in any one calendar day, or more than forty-eight hours in any one week. No person under sixteen years of age shall be employed at any oc- cupation nor at any place dangerous or injurious to life, limb, health or morals. (Laws 1909, ch. 65, sec. 2.) SEC. 89. Certificate of Age Required. [5096.] All persons firms or corporations employing children in any of the vocations mentioned in this act under sixteen years of age shall be re- quired to first obtain a certificate of the age of such children, based upon the school census records, the same to be secured where possible from the school superintendent, principal or teacher of the school or other person authorized by the school board to have charge of the school census records in the district or city wherein such children reside. Said certificate shall be issued without charge, and shall be substantally in the follow- ing form : , , Kan., city county date This certifies that , according to the records of the full name school census and from all knowledge that I can obtain, was born day , f at , in county, state of mouth year , and is now years and month . . of age. His (or her) height is , weight , tall short medium heavy light medium CH. 4] CHILD LABOR. 39 complexion , hair , eyes , and he resides at fair or dark color color No , street. ( Signature) of school or district No official school position name of school When said child's name and age does not appear on the school census enumeration of said city or district, then said firm, person or corporation employing such child shall secure an affidavit from the parent or legal guardian of such child, which statement shall contain the facts and data as set forth in the above certificate, and shall be certified on oath before some officer authorized to administer paths. Such certificate or affidavit shall be sufficient protection to the employer of any child as to the age of such child, except when such em- ployer has actual knowledge of the falsity of such certificate, and all such certificates shall be kept constantly on file in a convenient place, and shall at all times be open to inspection of the proper authorities, as provided in this act. (Laws 1909, ch. 65, sec. 3.) SEC. 90. Duties of Inspectors. [5097.] It shall be the duty of the state factory inspector, state inspector of mines and their deputies to inspect the certificates hereinabove provided for, to examine children employed in factories, workshops, theaters, elevators, packing-houses and mines and the voca- tions mentioned in section 2 of this act as to their age, and t file complaints in any court of competent jurisdiction to en- force the provisions of this act, and it shall be the duty of the county attorney of the proper county to appear and prosecute all complaints so filed. (Laws 1909, ch. 65, sec. 4.) SEC. 91. Penalty. [5098.] Any person, firm or corpora- tion employing any person or child in violation of any provi- sions of this act, or permitting or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less- than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than ninety days. (Laws 1909, ch. 65, sec. 5.) 40 CITIES OF FIRST AND SECOND CLASS. [CH.5 CHAPTER V. CITIES. ARTICLE I. CITIES OF THE FIRST AND SECOND CLASS. 92. Board of education. 93. Vacancies. 94. Nomination and election. 95. Vacancy. 96. Clerk. 97. Superintendent. 98. Examining committee; teachers. 99. Use of school buildings. SECTION 92. Board of Education. [Laws 1911, ch. 267, sec. 1.] That in each city of the first and second class, except those cities having a population of more than 50,000 and less than 75,000 by the United States census of 1910, there shall be a board of education, which shall constitute a body corporate and politic, possessing the usual powers of public corporations, consisting of six members, to be nominated and elected by the qualified voters of the city at large, three of whom shall be elected at the general city election held in April of each odd- numbered year, and shall hold their office for a term of four years and until their successors are duly elected and qualified, and said term of office shall begin on the first Monday in August succeeding their election; provided, that no member of the board of education shall be a city commissioner or mem- ber of the city council, and no city commissioner or member of the city council shall be a member of the board of education. The territory attached to cities of the first and second class shall constitute a part of such cities for the purposes of this act. SEC. 93. Vacancies. [Laws 1911, ch. 267, sec. 3.] That the board of education shall have power to fill any vacancy which may occur in their body ; provided, that any vacancy occurring more than ten days previous to the date provided by law for the filing of primary nomination papers, and leaving an un- expired term of one or more years, shall be filled at the first city election thereafter, and the ballots and returns of election shall be designated as follows: "To fill the unexpired term of years." SEC. 94. Nomination and Election. [Laws 1911, ch. 267, sec. 5.] That in all cities of the first and second class which have heretofore adopted or shall hereafter adopt the pro- visions of the General Statutes of the year 1909 authorizing the government of such cities by boards of commissioners, candidates for nomination at the primary and for election as members of the board of education shall be nominated and elected in the same manner as nearly as practicable as are the mayor and commissioners in such cities, and may be recalled in like manner. The number of members to be elected at each general city election shall be certified to the city clerk by the president or clerk of the board of education at least ten days previous to the date provided by law as the last day for filing CH. 5] CITIES OF FIRST AND SECOND CLASS. 41 primary nomination papers. The names of all candidates shall appear in alphabetical order on the official city primary ballot, in a separate column, under the heading "Candidates for nomination for members of the board of education of city at the primary election," and above the names the words "Vote for ," filling in the blank with the figure equalling the number of members of the board of edu- cation to be chosen at the regular election. The names of double the number of members of the board to be elected re- ceiving the highest number of votes at the primary election shall be placed upon the ballot as candidates for members of the board of education at the next succeeding general city election. The persons receiving the highest number of votes at such regular city election shall be declared elected, and each shall receive a certificate signed by the mayor and city clerk, under the seal of the city. Each person elected shall qualify within ten days after his election by filing an oath of office with the city clerk, but he shall not take office until the first Monday in August succeeding his election. The city clerk shall within thirty days after the canvass of the votes certify to the board of education the names of the candidates elected as members of such board. Any petition for nomination for member of the board of education filed prior to the date on which this act goes into effect, and complying with the law in effect at the time of filing said petition, is hereby declared to be legal. SEC. 95. Vacancy. [Laws 1911, ch. 269, sec. 2.] That the board of education in cities of the first and second class shall have the right, at any regular or special meeting, to hold an election to fill any vacancy which may occur among the officers of the board, or any of its employees; and the board may remove any of its employees for incompetence, negligence, or immorality, after notice and a fair hearing of the person so charged. The fiscal year of the board shall close on the last day of June, and the annual reports of the president, clerk, superintendent and of the several committees shall be pre- sented to the board on or before the first Monday in August of each year. SEC. 96. Clerk. [Laws 1911, ch. 269, sec. 3.] That it shall be the duty of the clerk to be present at all meetings of the board, to keep an accurate journal of its proceedings, and to have the care and custody of the records, books and documents of the board, to countersign all warrants drawn upon the treasurer by order of the board, to keep an accurate account of all moneys paid to the treasurer on account of said board and all moneys paid or orders drawn on the treasurer by order of said board, and to prepare and publish an annual report showing (1) the moneys received by the treasurer since the last report, and from what source received; (2) the amount 42 CITIES OF FIRST AND SECOND CLASS. [CH. 5 of sinking-fund, and how invested; (3) the moneys paid out, and for what; (4) the balance of general fund in the hands of the treasurer; (5) and the number, date and amount of any bond issued by said board and of all bonds purchased for the sinking-fund; and the clerk shall perform such other duties as the board or its committees shall require. SEC. 97. Superintendent. [Laws 1911, ch. 269, sec. 4.] That the board of education in cities of the first and second class, at such times as they may deem expedient, shall elect a superintendent of schools, who shall not be a member of said board, for a term of one or two years, as the board may choose, and whose term shall begin on the first Monday in August. The superintendent shall have charge and control of the public schools of the city, subject to the orders, rules and regulations and by-laws of the board, and shall receive for his services such compensation as the board may allow. Such superintend- ent shall be the holder of a state certificate valid for at least three years, or be a graduate of an accredited normal school, college or university; provided, that the qualifications herein specified shall not apply to any person holding the position of superintendent of schools in any city of the first or second class at the date when this act shall take effect. SEC. 98. Examining Committee; Teachers. [Laws 1911, ch. 269, sec. 5.] That the board of education in cities of the first and second class, at such times as they may deem ex- pedient, shall appoint two competent persons who, with the superintendent as chairman thereof, shall be styled the examin- ing committee of the board of education, whose duty it shall be to examine all persons who shall apply to them as teach- ers ; 30 and no person except one who holds a diploma or a cer- tificate from the State Board of Education or a diploma from the State Normal School shall be elected by the board as a teacher, unless such person is the holder of a certificate from the examining committee, signed by all or a majority of them, and setting forth that such person is competent to teach in such department of the public schools as may be stated in the certificate and is a person of good moral character. SEC. 99. Use of School Buildings. [Laws 1913, ch. 283, sec. 1.] * The board of education of cities of the first and the second class shall have the care and keeping of all school buildings and other school properties belonging to the city school districts. 30. Qualifications of Teachers in Cities of the First and Second Class. The school law authorizes the board of education in a city of the first or second class to examine teachers as to their qualification to teach in any given department of the public schools of such city. Said board of edu- cation has power to determine the kind and grade of the certificates and for how long valid. Certificates of this kind are valid in the city of issue only. Cities of the first and second class must recognize three-year and life certificates and diplomas issued by the State Board of Education and diplomas from the State Normal Schools. CH. 5] CITIES OF FIRST, SECOND AND THIRD CLASS. 43 104. Costs. 105. County high schools. 106. Depositories for funds, cities of sec- ond and third class. They shall have authority to open any or all school buildings for the use of night schools, improvement associations, scientific, mechanical or agricultural societies, under such regulation as the board of education may adopt ; provided that the board of education may at any time, if they think best, refuse to open any or all school buildings for any or all of these purposes. ARTICLE II. CITIES OF THE FIRST, SECOND AND THIRD CLASS. 100. Right of eminent domain. 101. Commissioners to appraise and con- demn property. 102. Notice; report. 103. Title to land; appeal. SECTION 100. Right of Eminent Domain. [7859.] That the right of eminent domain be and the same is hereby conferred upon the boards of education of all cities of the first and sec- ond class, all such boards having always been distinct bodies corporate, possessing the usual powers of bodies of [or] cor- porations for public purposes, and any school district in which is located a city of the third class. (Laws 1909, ch. 86, sec. 1.) SEC. 101. Commissioners to Appraise and Condemn Prop- erty. [7860.] Whenever it shall be deemed necessary by the board of education of any city of the first or second class or any school district in which is located a city of the third class to appropriate any private property for its use for sites for school buildings, playgrounds, or any addition or extension to any school building site or playground already selected, the board of education of such city or such school board shall cause a survey, description and plat of the land so required tt be made and filed with its clerk, and thereupon shall make an order declaring that the appropriation of such land is neces.- sary and setting forth for what purposes the same is to be used. Upon the written application of the board of education of said city or school board of any school district in which is located a city of the third class, or a majority of the board, it shall be the duty of the judge of the district court of the county in which such land is situated to appoint three disin- terested freeholders of such county as commissioners to con- demn and appraise such lands, which appointment shall be in writing and certified to said board of education or school board, and said board shall without delay cause such applica- tion and certificate of the appointment to be recorded in the office of the register of deeds of such county ; and in case any person so appointed refuses or fails to serve as such com- missioner for any reason, the said district judge, upon the application of such board, shall appoint some other person having the proper qualifications to fill such vacancy. Such commissioners shall be sworn honestly and faithfully to per- form their duties; and such commissioners shall proceed im- mediately after their appointment to condemn and appraise the value of the lands so selected. (Laws 1909, ch. 86, sec. 2.) 44 CITIES OF FIRST, SECOND AND THIRD CLASS. [CH. 5 SEC. 102. Notice; Report. [7861.] Such commissioners shall give at least thirty days' notice of the time and place when and where the damage will be assessed, by publication for three consecutive weeks in some newspaper of general cir- culation published in such county that on the time fixed by such notice they will upon actual view appraise the value of the lands taken and assess any other damages to the owners thereof. Such notice shall describe the property taken and the name or names of the owner if known. The said com- missioners may adjourn as often and for such length of time as may be deemed convenient, and may during any adjourn- ment perfect and correct all errors or omissions in the giving of notice by making new publication, citing corporations or individual property owners who have not been notified, or if defective or insufficient notice has been given, a notice of any adjourned meeting shall be as effective as notice of the first meeting of the commissioners, and the commissioners shall, upon completing their duties, make and sign a report de- scribing the land so condemned, the purpose for which it was condemned, and the appraised value thereof, which report shall be by them filed in the office of the city clerk of the city or clerk of said school district in which such land is located. And such city clerk or clerk of said school district shall imme- diately cause a certified copy of such report to be filed in the office of the register of deeds of the county in which such land is situated, and by such register duly recorded as other instru- ments of writing affecting the titles to real estate. (Laws 1909, ch. 86, sec. 3.) SEC. 103. Title to Land; Appeal. [7862.] Such city clerk or clerk of such school district shall immediately cause a cer- tified copy of such report to be filed with the clerk of such board of education or clerk of said school district. If within thirty days after such report is filed in the office of the city clerk or clerk of said school district the board of education or said school board shall pay to the county treasurer for the use of the owner of such land the amount of the appraised value thereof, the title to such land so condemned and appropriated shall immediately vest in such board of education of said school district, which shall have the right forthwith to take possession of, occupy, use and improve the same. Either party, the owner of the land or the board of education of said school district, may appeal from such appraisement to the dis- trict court in the same time and manner that appeals are taken from the judgments of justices of the peace in civil actions, except as provided in the following paragraph: The appeal bond shall be filed with and approved by the clerk of the dis- trict court in which said land so condemned and appropriated is situated, and such clerk or clerk of said district shall imme- diately make a transcript of the report of such commissioners and such bond and file the same with the clerk of the district CH. 5] CITIES OF FIRST, SECOND AND THIRD CLASS. 45 court of the county in which said lands are located. (Laws 1909, ch. 86, sec. 4.) SEC. 104. Costs. [7863.] That all costs and expenses of such condemnation proceedings shall be paid by such board of education or such school board out of its school fund. (Laws 1909, ch. 86, sec. 5.) SEC. 105. County High Schools. [7864.] The provisions of this act shall also apply to and include boards of trustees of county high schools now or hereafter organized in the state of Kansas. (Laws 1909, ch. 86, sec. 6.) SEC. 106. Depositories for Funds, Cities of Second and Third Class. [851.] That in all cities of the second and third classes the city treasurer, and also the treasurer of the board of ed- ucation of cities of the second class, and the treasurer of the school board of any district in which there is a city of the third class, shall deposit all public moneys coming into their hands in their official capacity in some responsible bank or banks within said city, the same to be designated by the mayor and councilmen of such cities, and in the case of such school funds said depositories to be designated by the board of edu- cation or school board, as the case may be, in such city. Such deposit shall be made in the name of such treasurer as such officer, and such banks shall pay such interest on average daily balances as may be agreed upon, figured on even hundreds of dollars ; provided, that in no case shall the rate of interest be less than two per centum per annum on such average daily balances; and provided further, that where more than one bank is designated as depository for any fund, such fund shall be equally divided by the treasurer of such fund among such banks. Before making such deposits the mayor and council- men, the board of education or school board, as the case may be, shall take from such bank or banks a good and sufficient bond, payable to such city, board of education, or school board, as the case may be, the same to be approved by such mayor and councilmen, or board of education, or school board, as the case may be, in a sum double the largest approximate amount that may be on deposit at any one time, or the bond of some surety company empowered to do business in the state of Kansas in a sum aggregating the largest approximate sum that may be on deposit at any one time, conditioned that such deposit shall be promptly paid on the check or draft of the treasurer of such city, board of education or school board, and the bondsmen of such treasurer shall not be liable for money so deposited; but in no case shall more than one-half of the amount of said depository bond be subscribed by the officers of said bank, and such bank or banks shall on the first day of each month file with the clerk of such city, board of education or school board, as the case may be, a statement of the amount of money on hand at the close of business each day during the previous month and the amount of interest accrued thereon to said date. (Laws 1909, ch. 89, sec. 1.) 46 CITIES OF FIRST CLASS. [CH.5 ARTICLE III. CITIES OF THE FIRST CLASS. 126. City school property exempt from taxation. 127. For what purpose the board may issue bonds. 128. Bond election; limitation. 129. Date, rate, maturity, and attest. 130. Annual levy for interest and sink- ing-fund. 131. Sinking-fund, how used and cm- ployed. 132. Interest to be paid, when. 133. Payment of interest and principal, how secured. 134. The clerk shall register bonds issued by the board. 135. Refunding outstanding bonded debt. 136. Registration of funding bonds. 137. Annual levy of tax to pay interest and principal of funding bonds. 138. Penalty for neglecting or refusing to levy bond tax. 139. Use of money levied and collected under this act. 140. Elections under commission system. 107. Cities of the first class denned. 108. Attachment of adjacent territory. 109. Powers and duties of board of edu- cation. 110. Duty of president. 111. Duty of vice president. 112. Clerk shall execute bond; oath of office. 113. Treasurer, duty of. 114. Board not to receive pay. 115. Vacancy in committee, how filled. 116. Annual levy of taxes. 117. All school taxes shall be paid in money. 118. Limitation of levy. 119. The whole city shall compose a school district. 120. All city school property shall be vested in the board. 121. Sale or conveyance of school prop- erty. 122. Meetings of the board, when held. 123. Annual report of the board shall be published, when and how. 124. Restrictions regarding expenditures. 125. No sectarian doctrine shall be taught in the city schools. SECTION 107. Defined. [7554.] All cities of more than 15,000 inhabitants shall be governed by the provisions of this act. (Laws 1876, ch. 122, art. 10, sec. 1.) SEC. 108. Attachment of Adjacent Territory. [Laws 1911, ch. 93, sec. 1.] Territory outside the city limits of any city of the first class, but adjacent thereto, may be attached to such city for school purposes, upon the application being made to the board of education of such city by a majority of the electors of such adjacent territory; and upon the application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes and to enter the same upon their journal, and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and bear its full propor- tion of all expenses incurred in the erection of school buildings and in maintaining the schools of said city. Such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached shall remain parts of such for school purposes only. Persons residing upon such at- tached territory and possessing the qualifications of electors under the laws of the state of Kansas shall be qualified to vote at an election held in any such city for school purposes only in any such ward of such city to which such territory shall be attached, and official' ballots shall be printed for such at- tached territory to such wards as in other cases. NOTE. See sections 92-98 for the organization and election of boards of education in cities of the first class. CH. 5] CITIES OF FIRST CLASS. 47 SEC. 109. Powers and Duties of the Board. [7584.] The board of education shall have power to elect their own officers, make all necessary rules for the government of the schools of such city under its charge and control and of the board, sub- ject to the provisions of this act and the laws of this state; to organize and maintain separate schools for the education of white and colored children, including the high schools in Kan- sas City, Kan. ; no discrimination on account of color shall be made in high schools, except as provided herein; to exercise the sole control over the public schools and school property of such city ; and shall have the power to establish a high school or high schools in connection with manual training and in- struction or otherwise, and to maintain the same as a part of the public-school system of said city. (Laws 1905, ch. g 414, sec. 1.) SEC. 110. President. [7563.] It shall be the duty of the president to preside at all meetings of the board of education, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by the board of education to be drawn upon the city treasurer for school moneys. (Laws 1876, ch. 122, art. 10, sec. 6.) SEC. 111. Vice President. [7564.] It shall be the duty of the vice president to perform all the duties of the president, in case of his absence or disability. (Laws 1876, ch. 122, art. 10, sec. 7.) SEC. 112. Bond of Clerk. [7566.] Before entering upon the discharge of his duties, the clerk of the board of education shall give bond in the sum of $1000, with good and sufficient securities, to be approved by the board, and shall take and subscribe an oath or affirmation before a proper officer that he will support the constitution of the United States, the con- stitution of the state of Kansas, and faithfully perform the duties of his office. (Laws 1876, ch. 122, art. 10, sec. 9.) SEC. 113. Treasurer. [Laws 1911, ch. 95, sec. 1.] That sec- tion 7567 is amended to read as follows : Sec. 7567. The treas- urer of the city shall be ex officio the treasurer of the board of education, and shall give such bond to the board of education as the board may require, said bond to be approved by the board of education and filed with its clerk. It shall be the duty of the treasurer to deposit daily all money belonging to the board of education in some responsible bank, to be designated by the board of education, in the name of such treasurer as such officer, which bank shall pay interest on monthly average balances as may be agreed upon by such bank and the board of education ; and before making such deposits the board of edu- cation shall take from such bank a good and sufficient bond in a sum to be designated by the board of education, conditioned that such deposits shall be promptly paid on the check or draft 48 CITIES OF FIRST CLASS. [CH. 5 of such treasurer. The treasurer shall attend all of the meet- ings of the board when required to do so; shall prepare and submit in writing a monthly report of the finances of said board ; and shall pay school monies only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the clerk. The treasurer shall receive from the board of education fifty dollars per annum for his services as treasurer, and no more ; provided, that boards of education in cities of the first class may, if they deem it proper, elect the treasurer of the board of education to serve during the pleasure of the board and receive such salary as they may de- termine. SEC. 114. No Compensation. [7568.] No member of the board of education shall receive any pay or emolument for his services. (Laws 1876, ch. 122, art. 10, sec. 11.) SEC. 115. Vacancy. [7550.] The board of education shall have power to fill any vacancy which may occur in the ex- amining committee. (Laws 1876, ch. 122, art. 10, sec. 13.) SEC. 116. Annual Levy of Taxes. [7556.] That the board of education in cities of the first class shall, in the month of August of each year, levy a tax for the support of the schools of the city, including building and repair of school buildings, for the fiscal year commencing on the 1st day of July last pre- ceding the month of August in which levy shall be made, not exceeding in any one year twenty mills 31 on the dollar on all personal, mixed and real property within said city which is taxable according to the laws of the state of Kansas, which levy the president and clerk of the board shall, on or before August 25, certify to the county clerk, who is hereby author- ized and required to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes and paid over by him to the treasurer of the board of education, subject to the order of said board of ed- ucation; provided, that in all cities of the first class. having a population of exceeding thirty-eight thousand inhabitants, the board of education of such city shall have power and is hereby authorized to levy a tax for the support of the schools of such city for such fiscal year of not to exceed seventeen mills 31 on the dollar of all taxable property in such city, 32 and shall have power, in addition thereto, to levy a tax upon all the taxable property in such city of not exceeding three mills 31 on the dollar of the assessed valuation for building purposes and re- 31. Changed to six mills for cities of 40,000 or under. For cities having a population of over 40,000, the maximum rate is five mills for the support of schools and one mill for building purposes. (Laws 1909 ch. 245, sec. 22; section 118 of this book.) 32. Se section 431 of this book for provisions for manual training in cities of the first class. CH. 5] CITIES OF FIRST CLASS. 49 pairs of school buildings in such city; and provided further, that each and all of the foregoing levies hereby authorized shall be exclusive of and in addition to the amount necessary to be levied under existing laws for the payment of interest upon bonds heretofore issued or which may be hereafter is- sued by boards of education of cities of the first class and for a sinking-fund for the redemption of such bonds, as provided by the laws under which such bonds have been or may be is- sued. (Laws 1907, ch. 330, sec. 1.) SEC. 117. Taxes. [7571.] All taxes collected for the benefit of the public schools shall be paid in money, and shall be placed in the hands of the city treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 10, sec. 15.) SEC. 118. Levy, Limitations. [9415.] The authority of boards of education in cities of the first class to levy taxes, as provided in chapter 330, Laws of 1907, is hereby limited so that the board of education of any such city shall not fix a rate of levy for the respective purposes in excess of the fol- lowing-named rates: For the support of the schools of the city, including building and repairs of school buildings in all cities of 40,000 population or under, the rate of levy shall not exceed six mills; for the support of the schools in all cities having a population of over 40,000, the rate of levy shall not exceed five mills ; for building purposes and repairs of school buildings in all cities having a population of over 40,000, the rate of levy shall not exceed one mill. (Laws 1909, ch. 245, sec. 22.) SEC. 119. District. [7572.] The whole city shall compose a school district for all purposes of taxation, but may be sub- divided by the board of education into as many districts as they may think proper. (Laws 1876, ch. 122, art. 10, sec. 16.) SEC. 120. Property. [7573.] The title of all property held for the use or benefit of the public schools shall be vested in the board of education, and held by them in trust for the city; and the board of education may sue in its own name for all money due or to become due to the board or the school fund, and for any trespass upon, injury to or concession of any of the school property of said city, for the benefit of the school fund of such city. (Laws 1876, ch. 122, art. 10, sec. 17.) SEC. 121. Sale of Property. [7574.] No school property of any kind shall be sold or conveyed by the board of education, except at a regular meeting of the same, and not then with- out an affirmative recorded vote of at least two-thirds of all the members of said board. (Laws 1876, ch. 122, art. 10, sec. 18.) SEC. 122. Meetings of the Board. [7575.] The regular meetings of the board of education shall be upon the first Monday in each month, but special meetings may be held from 50 CITIES OF FIRST CLASS. [CH. 5 time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 10, sec. 19.) SEC. 123. Annual Report. [7576.] The board of education at the close of each school year, or as soon thereafter as prac- ticable, shall make an annual report of the progress, pros- perity, and condition, financial as well as educational, of all the schools under their charge; and said report, or such por- tion of it as the board of education shall consider of ad- vantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws 1876, ch. 122, art. 10, sec. 20.) SEC. 124. Expenditures. [7577.] No expenditure involv- ing an amount greater than $200 shall be voted, except in accordance with the provisions of a written contract. (Laws 1876, ch. 122, art. 10, sec. 21.) SEC. 125. Sectarian Doctrine. [7578.] No sectarian or re- ligious doctrine shall be taught or inculcated in any of the public schools of the city; but nothing in this section shall be construed to prohibit the reading of the Holy Scriptures. (Laws 1876, ch. 122, art. 10, sec. 22.) SEC. 126. Exemptions. [7579.] All property held by the board of education for the use of public schools shall be ex- empt from taxation, and shall not be taken in any manner for any debt due from the city. (Laws 1876, ch. 122, art. 10, sec. 23.) SEC. 127. Bonds. [7557.] Whenever it shall be necessary to raise funds to purchase a school site. or sites, to furnish, to repair, to make additions, or to build a school building, it shall be the duty of the board to prepare an estimate of the costs of such site or sites, repairs, additions, or buildings, together with the cost of furnishing the same, with estimates, shall be spread upon the records of the board, when adopted by a recorded yea- and-nay vote of two-thirds of all the members of the board at a regular meeting; and in every case the board shall complete said repairs, additions, or buildings, together with the furnish- ing of the same and the purchase of such site or sites, within the estimated costs thereof; and in no case shall any board create a deficiency or outstanding obligations in the purchase of such site or sites, the making of such repairs, or the erection of additions or buildings. And every member of a school board who shall be a party to creating a deficiency or outstanding obligations within the meaning of this section shall be deemed guilty of a misdemeanor, and shall on conviction be punished by removal from office and a fine of not less than $100, and shall be personally liable for damages in any action, which it shall be the duty of the city attorney of such city of the first class to prosecute, brought in the name of such school district, for the amount of such deficiency or outstanding obligations, CH. 5] CITIES OF FIRST CLASS. 51 which money when so collected shall be used to liquidate such deficiency or outstanding obligations; provided, that any va- cancy created in any school board under the operation of this section shall be filled as provided in section 2 of this act. f<3 (Laws 1891, ch. 196, sec. 3.) SEC. 128. Election; Limitation. [Laws 1911, ch. 259, sec. 1.] That section 7558 of the General Statutes of the state of Kan- sas of 1909 is hereby amended to read as follows : Sec. 7558. It shall be the duty of the mayor of such city of the first class, within thirty days after receiving a certified copy of the action of the board of education showing a necessity and giving a statement of the estimated cost of such school sites, repairs, additions, building or buildings, signed by the clerk and coun- tersigned by the president of the board, to issue a proclamation for holding an election to vote bonds to the amount prayed for by the board ; and no bonds shall be issued unless a majority of the qualified electors of the city school district voting at such election shall vote therefor ; nor shall the entire amount of such school bonds issued exceed in the aggregate, including existing indebtedness, in cities having a population of 20,000 and over, one per cent of the valuation of taxable property of such city as ascertained by the last assessment for state and county pur- poses previous to incurring the proposed indebtedness; in cities having a population of 20,000 and under whose assessed valuation does not exceed $11,000,000, two per cent of the value of the taxable property of such city as ascertained by the last assessment for state and county purposes previous to incurring the proposed indebtedness. Any member of a board of educa- tion, or officer thereof, who shall vote for, counsel, consent to or in any wise assist in the issue of any bond or bonds in excess of the percentum herein authorized shall be liable jointly and severally to the holder of any such bonds for the amount due thereon, to be recovered in a civil action in any court of com- petent jurisdiction; and judgment rendered thereon may be collected and enforced in the same manner as other judgments are collected and enforced ; provided, that in cities of the first class having more than 70,000 population school bonds may be issued to the extent of not more than one and five-tenths per cent of such value of taxable property. SEC. 129. Date, Rate, Time, and Attest. [7559.] The bonds, the issuance of which is provided for in this act, may, at the option of the board, be instalment bonds. All bonds shall be dated on the day they are issued, shall bear interest at a rate not exceeding six per centum per annum, payable semiannu- ally on January and July 1, and shall be payable in not more than thirty years. They shall be signed by the president and secretary, attested with the seal of the board. The coupons, if any be attached, shall be signed by the president of the board, 33. Laws 1891, ch. 196, sec. 2. 52 CITIES OF FIRST CLASS. - [CH. 5 and each bond so issued shall not be for a sum less than fifty dollars. (Laws 1891, ch. 196, sec. 5.) SEC. 130. Levy for Interest and Sinking-fund. [7560.] The board of education in its annual estimate, as provided for in section 2 of this act, 34 shall include an amount sufficient to pay the interest as it accrues on all outstanding bonds issued by the board, and also to create a sinking-fund for the re- demption of said bonds, and shall levy and cause the same to be collected as provided for in said section, in addition to the levy authorized by said section for school purposes; and such money shall remain a specific fund for said purposes only, and shall not be appropriated to any other purpose. (Laws 1891, ch. 196, sec. 6.) SEC. 131. Use of Sinking-fund. [7580.] The moneys levied and collected for creating a sinking-fund for the redemption of the principal of the bonds issued by the board of education shall be used and employed or invested as follows: (1) After retaining an amount sufficient to pay the principal of any bonds maturing during the year, the board shall, with the surplus of such sinking-fund, when the same shall be $1000 or more, purchase any of the outstanding bonds issued by the board. Such purchase shall be made at the lowest price such bonds can be purchased at, but at not more than par value of such bonds; and whenever there shall be a surplus of such sinking-fund amounting to the sum of $1000, the board shall purchase therewith like bonds, on the same terms and conditions hereinbefore specified. (2) If for any reason such bonds can not be purchased as hereinbefore specified, such sinking-fund shall be invested by the treasurer, under the direction of the board of education, at such times as the board shall direct, in the interest-bearing bonds of the United States or the state of Kansas, which shall be purchased at the lowest market price. Interest accruing upon such bonds shall be invested in the same manner and for the same purpose as sinking-fund. Such bonds shall be held by the treasurer until the principal of the bonds issued by the board of education shall become due, and shall then be sold at the highest market price, and the proceeds applied to the payment of the bonds ; provided, that if at any time the board shall deem it best, it shall be lawful for such board to sell such bonds for the pur- pose of purchasing the bonds issued by such board; but all such sales shall be at the highest market price, and the bonds of the board purchased with the proceeds of such sale shall be purchased at the lowest price they can be obtained for, and not above the par value of such bonds ; provided, that no bond is- sued by the board of education shall be purchased by said board that has not been outstanding five years ; and provided further, that the bonds first maturing shall be first purchased, 34. Section 116 of Jhis book. CH. 5] CITIES OF FIRST CLASS. 53 if they can be purchased on terms as favorable to the board as any others offered for sale to the said board. All bonds of the said board purchased under the authority hereby given, or paid by the board, shall be forthwith canceled and destroyed, and the clerk shall enter on the bond register of the said board, on the margin of the record of said bonds, the date when the same were purchased and the price paid; and thereafter no interest or sinking-fund shall be levied or collected for or on account of said bonds so canceled. Such sinking-fund shall never be used nor appropriated in any other manner whatever. (Laws 1876, ch. 122, art. 10, sec. 27.) SEC. 132. Interest. [7581.] Whenever the interest of the above-mentioned bonds shall become due, the same shall be paid by the treasurer. (Laws 1876, ch. 122, art. 10, sec. 28.) SEC. 133. Security. [7582.] The credit of the school fund of the city is hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the game may become due. (Laws 1876, ch. 122, art. 10, sec. 29.) SEC. 134. Bond Registry. [7583.] It shall be the duty of the clerk of the board of education to register, in a book pro- vided for that purpose, the bonds issued under this act, which said registry shall show the number, date and amount, and to whom is made payable, each of said bonds. (Laws 1876, ch. 122, art. 10, sec. 30.) SEC. 135. Refunding of Outstanding Bonded Debt. [7586.] The board of education of any city of the first class is hereby authorized and empowered to refund any and all outstanding bonds heretofore issued by order of said board by issuing new bonds to the holders of such outstanding bonds ; provided, that such new bonds shall not be for greater amount than the par yalue of the bonds refunded. Such refunding bonds shall severally be of such amount as said board shall direct, and shall state for what purpose issued, and be payable to the per- son to whom issued or bearer within twenty years after date, and shall bear interest at the rate not exceeding five per cent per annum, payable semiannually, on January 1 and July 1, as evidenced by coupons attached. All bonds refunded under the provisions of this act shall be noted as surrendered and can- celed on the registry of the said board and the same shall be destroyed in the presence of said board. (Laws 1903, ch. 70, sec. 1.) SEC. 136. Bonds Registered. [7587.] The bonds hereby authorized shall be numbered, and shall be registered in the book kept by said board for the registry of its bonds ; and said bonds shall be signed by the president and clerk of said board, attested with the seal of said board by the clerk, and counter- signed by the treasurer of said city. (Laws 1879, ch. 81, sec. 4.) 54 CITIES OF FIRST CLASS. [CH. 5 SEC. 137. Levy of Bond Tax. [7588.] The board of edu- cation, and any and all boards, body, or officers, by law au- thorized to levy and collect taxes in and for said city for the support of schools therein, shall, at the same time and in the same manner as the other taxes for school purposes are levied and collected, and in each and every year until said bonds and interest are fully paid, as hereinbefore provided, levy or cause to be levied upon all the property within the said city subject to taxation for school purposes a tax or taxes sufficient in amount to pay and discharge two of the coupons of each of the bonds issued under the provisions of this act, and then out- standing, and cause the same to be collected in the same man- ner as other school taxes are collected, and with the money so collected pay and discharge the coupons for which said tax or taxes were levied. And it shall be the duty of the clerk of the said board to forthwith, on the payment of any such coupons, note their payment upon the registry of said bonds, and pre- sent the same to the board, and in their presence cancel the same in such manner as the board shall direct; and said coupons shall be carefully preserved until the final payment of said bonds, and then destroyed ; and the possession of such coupons by the board shall be conclusive evidence of their payment. And the said board shall issue no bonds thereafter, except the refunding bonds provided for by this act. (Laws 1879, ch. 81, sec. 5.) SEC. 138. Penalty. [7589.] If said board of education, or other board, body, or officer, whose duty it shall be to levy taxes for the payment of the coupons of the said bonds, as herein provided, shall neglect or refuse to levy the tax or taxes for the payment of the coupons as by this act required, each member of such board or body, and each officer, who shall vote against 'or otherwise oppose the levy and collection of such tax or taxes, or shall do any act to prevent or delay such levy and collection, shall be liable, jointly and severally, to each and every holder of such bonds, or coupons of said bonds, which would have been payable from such taxes if the same had been levied, for the whole amount unpaid on such coupons; and the same may be recovered in a civil action in any court of competent jurisdiction, and judgment rendered thereon may be collected and enforced in the same manner as other judgments are collected and enforced; and any such officer so neglecting or refusing to levy such tax shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in an amount equal to the amount which it may be shown should have been so levied during such year, or imprisoned in the county jail for a term not less than three nor more than twelve months. (Laws 1879, ch. 81, sec. 6.) SEC. 139. Use of Money Levied and Collected under this Act. [7590.] Moneys levied and collected and received under and pursuant to this act shall not be used or employed for any CH. 5] CITIES OF SECOND CLASS. 55 other purpose than the payment of coupons of the bonds by this act authorized ; and any member of said board, or officer, who shall cause such money so collected to be used for any other purpose, temporary or otherwise, whatever, or counsel or consent to the same being so used, shall be liable jointly and severally to the holder of any such bonds or coupons for any coupons due, to be recovered and collected as in section 6 hereof specified. 35 (Laws 1879, ch. 81, sec. 7.) SEC. 140. Elections under Commission System. [877.] In all elections held for the election of city or school officers, or for the purpose of authorizing the issuance of any bonds for school purposes, or other public improvements, or in the adop- tion or rejection of this act, and in all elections held under this act, the right of any citizen to vote shall not be denied or abridged on account of sex, and women may vote at such elections the same as men and under like restrictions and qualifications, and any woman possessing the qualifications of a voter under this act shall also be eligible to any such city or school office. (Laws 1909, ch. 74, sec. 1.) ARTICLE IV. CITIES OF THE SECOND CLASS. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. Cities of the second class defined. City schools free; who may be ex- cluded. Adjacent territory may be attached to city for school purposes; taxa- tion in such cases; members of board. Third class changed to second class. County superintendent may detach territory. Organization. Body corporate. Cities of the second class to convey property to board. Conveyance, how executed. Powers of the board. Duty of the president. Duty of the vice president. Clerk shall give bond. Duty of the treasurer. Annual school tax not to exceed fifteen mills. Limitation of levy; indebtedness. Limitation of levy in certain cities. Oaths and bonds of officers, etc. Taxable property. Meetings of board. Annual report. 162. Restrictions regarding expenditures and contracts. 163. No sectarian doctrines shall be taught in city schools. 164. How bond election shall be con- ducted. 165. Execution of bonds; signed by whom; specifications; amount. 166. Annual levy for interest and sin\ ing-fund. 167. Bonds. 168. Investment of sinking-fund. 169. Paid coupons, how endorsed. 170. Payment of principal and interest. how secured. 171. Bonds issued by the board to e registered by the clerk. 172. Levy for buildings. 173. Payment by warrants or bonds. 174. Expenditure for additional school grounds. 175. Bonds issued to pay outstanding warrants. 176. Denominations; payment; signa- tures. 177. Sale of bonds. 178. Tax for interest and sinking-fund. 179. Treasurer of the board of education. 180. Validity of official acts. SECTION 141. Defined. [7592.] All cities now organized and acting as cities of the second class, by virtue of the authority of former acts, and all cities hereafter attaining a population over 2000 and not exceeding 15,000 inhabitants, shall be governed by the provisions of this act ; and whenever any city shall have hereafter attained a population exceeding 2000 inhabitants, and such fact shall have been duly ascer- tained and certified by the proper authorities of such city to the governor, he shall declare, by public proclamation, such 35. Section 138 of this book. 56 CITIES OF SECOND CLASS. [CH. 5 city subject to the provisions of this act. The mayor and council of such city shall, at the time of making the certificate herein provided for, make out and transmit to the governor an accurate description by metes and bounds of all the lands included within the limits of such city, and the additions thereto, if any. (Laws 1876, ch. 122, art. 11, sec. 1.) SEC. 142. Free Schools. [7593.] In each city governed by this act there shall be established and maintained a system of free common schools, which shall be kept open not less than three nor more than ten months in any one year, and shall be free to all children residing in such city between the ages of five and twenty-one years. But the board of education may, where school-room accommodations are insufficient, exclude for the time being children between the ages of five and seven years. (Laws 1876, ch. 122, art. 11, sec. 2.) SEC. 143. Adjacent Territory. [7594.] Territory outside the city limits, but adjacent thereto, may be attached to such city for school purposes, upon application to the board of education of such city by a majority of the electors of such adjacent territory, and upon the application being made to the board of education they shall, if they deem it proper, and to the best interests of the schools of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes, and to enter the same upon their journal; 35 and such territory shall from the date of such order be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of the city. Whenever the territory so attached shall have attained a population equal to one-half that of any ward of such city, or whenever the taxable prop- erty of such attached territory shall be equal to one-half that of any one ward of such city, such attached territory shall be entitled to elect two members of the board of education, which said members shall be elected at the same time and in the same manner as other members of such board. The mayor and council and city clerk of such city shall provide for elec- tions in said detached territory, and shall canvass the returns thereof in the same way as is required by law in respect to a ward of such city ; provided, that the board of education shall pay all the expenses of such election. But until such attached territory shall be declared to have attained a population or taxable property equal to one-half that of any one ward of such city, such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when so attached 35. School districts may be annexed to cities of the second class in accordance with this section. See also section 282 of this book. CH. 5] CITIES OF SECOND CLASS. 57 shall remain parts of such city for school purposes only. Any persons residing upon such attached territory, possessing the qualifications of electors, as provided in section 5585 of the General Statutes of 1889, shall be qualified to vote at any elec- tion held in any such city for school purposes only, in any such ward of such city to which such territory shall be attached, and official ballots shall be printed for such attached territory to such wards as in other cases. (Laws 1903, ch. 234, sec. 1.) SEC. 144. Attachment for School Purposes; Taxation; Rep- resentation. [7628.] That whenever any city of the third class shall become a city of the second class, the territory of the school district wherein such city is situated shall be and remain attached to such city for school purposes, unless de- tached by the county superintendent of public instruction, as provided in section 12 of chapter 152 of the Laws of 1881. All the property in such territory shall be subject to like tax- ation for school purposes as the property in said city. When- ever the population or taxable property of such territory out- side of the limits of such city shall equal the population or taxable property of any ward of such city, such territory shall be entitled to elect two members of the board of education of such city, which said members shall be elected at the same time and in like manner as other members of such board. (Laws 1887, ch. 218, sec. 1.) SEC. 145. County Superintendents May Detach Territory. [7430.] That the county superintendents of public instruc- tion of the several counties of the state of Kansas are hereby authorized and empowered to detach territory from the school territory of cities of the second class, if said territory sought to be detached is outside the corporate limits of said city of the second class, notwithstanding the fact that said territory forming said school district may have been formed into a school district while said city of the second class was a city of the third class ; provided, the interests of the public schools of the county may warrant such action; provided, that no terri- tory shall be detached unless a majority of the citizens living in such territory shall consent in writing to the same. (Laws of 1891, ch. 88, sec. 1.) SEC. 146. Organization. [Laws 1913, ch. 269, sec. 1.] That section 1, chapter 269, of the Session Laws of 1911 be and the same is hereby amended to read as follows : Sec. 1. That the board of education in cities of the second class, at the regular meeting at the time provided by law in each year, shall organ- ize by the election of a president and vice president from its members, each of whom shall serve for one year, and until his successor is elected and qualified; and the board shall elect a clerk for a term of one year, who may or may not be a mem- ber of said board, and shall receive for his services such com- pensation as the board may allow. 58 CITIES OF SECOND CLASS. [CH. 5 SEC. 147. Body Corporate. [7595.] The public schools of each city organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of "The board of education of the city of , of the state of Kansas" ; and in that name may sue or be sued, and be capable of contracting and being contracted with, of holding and conveying such real and personal estate as it may come into possession of, by will or otherwise, or as is authorized to be purchased by the pro- visions of this act. (Laws 1876, ch. 122, art. 11, sec. 4.) SEC. 148. Conveyance of Property. [7596.] Any city of the second class is hereby authorized and required, upon the request of the board of education of such city, to convey to said board of education all property within the limits of any such city heretofore purchased by any such city for school purposes, and now held and used for such purposes, the title to which is vested in any such city. (Laws 1876, ch. 122, art. 11, sec. 5.) SEC. 149. How Executed. [7597.] All conveyances for the property mentioned in the preceding section [148] shall be signed by the mayor and attested by the clerk of said city, and shall have the seal of the city affixed thereto, and be acknowl- edged by the mayor of such city in the same manner as other conveyances of real estate. (Laws 1876, ch. 122, art. 11, sec. 6.) SEC. 150. Powers. [7600.] The board of education shall have power to elect their own officers, except the treasurer; to make their own rules and regulations, subject to the pro- visions of this article; to organize and maintain a system of graded schools; to establish a high school whenever in their opinion the educational interests of the city demand; 36 and to exercise the sole control over the schools and school prop- erty of the city; 37 and maintain such high school, in whole or in part, by demanding, collecting and receiving a tuition fee for and from each and every scholar or pupil attending such high school. 38 (Laws 1889, ch. 224, sec. 1) NOTE. See sections 92 to 98 for the election and organization of boards of education in cities of the second class. SEC. 151. President. [7602.] It shall be the duty of the president to preside at all the meetings of the board of edu- cation, to appoint all committees whose appointment is not otherwise provided for, and to sign all warrants ordered by 36. For provisions for manual training in schools in cities of the second class see section 431 of this book. 37. See sections 101 and 280 of this book for power to condemn school- house sites. 38. It is unconstitutional to collect tuition from pupils of the school district as provided in section 150. (See Board of Education v. Dick, 70 Kan. 434.) CH. 5] CITIES OF SECOND CLASS. 59 the board of education to be drawn upon the treasurer for school moneys. (Laws 1876, ch. 122, art. 11, sec. 11.) SEC. 152. Vice President. [7603.] It shall be the duty of the vice president to perform all the duties of the president in case of his absence or disability. (Laws 1876, ch. 122, art. 11, sec. 12.) SEC. 153. Bond of Clerk. [7605.] Before entering upon the discharge of his duties, the clerk of the board of educa- tion shall give bond in the sum of $1000, with good and suf- ficient sureties, to be approved by the board, conditioned for the faithful performance of the duties of his office. (Laws 1876, ch. 122, art. 11, sec. 14.) SEC. 154. Treasurer. [7606.] The treasurer shall prepare and submit in writing a monthly report of the state of the finances of the district; and shall, when required, produce at any meeting of the board, or any committee appointed for the purpose of examining his accounts, all books and papers per- taining to his office ; he shall pay moneys only upon a warrant signed by the president, or in his absence by the vice president, and countersigned by the clerk; and shall execute a bond in such sum as the board may require, with sufficient sureties, to be approved by the board, conditioned for the faithful dis- charge of his duties of treasurer to such board. (Laws 1876, ch. 122, art. 11, sec. 15.) SEC. 155. Annual School Tax. [7608.] That the board of education in cities of the second class shall, on or before the 15th day of July of each year, levy a tax for the support of the schools of the city for the fiscal year next ensuing, not ex- ceeding in any one year twenty mills 39 on the dollar on all personal, mixed and real property within the district which is taxable according to the laws of the state of Kansas, which levy the clerk of the board shall on or before August 1 certify to the county clerk, who is hereby authorized and required to place the same on the tax-roll of said county, to be collected by the treasurer of the county as are other taxes, and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. (Laws 1905, ch. 399, sec. 1.) SEC. 156. Limitation of Levy; Indebtedness. [Laws 1913, ch. 326, sec. 1.] That section 23 of chapter 245, Laws of 1909, being section 9416 of the General Statutes of 1909, is hereby amended so as to read as follows: Sec. 23. The authority of boards of education in cities of the second class to levy taxes, as provided in chapter 399, Laws of 1905, is hereby limited so that the board of education of any such city shall 39. Limited to six mills by Laws 1913, ch. 326, sec. 1 (section 156 of this book). (See, also, section 157 of this book.) 60 CITIES OF SECOND CLASS. [CH. 5 not fix a rate of levy for the support of the schools of the city in excess of six mills; provided, that in cities of the second class in which the schools have a floating indebtedness of ten thousand dollars or more, the board of education may in addi- tion to said levy for the support of said schools levy not in excess of six mills for the payment of said indebtedness, until said indebtedness is paid. SEC. 157. Limitation of Levy in Certain Cities. [Laws 1911, ch. 265, sec. 1.] The authority of boards of education in cities of the second class having an assessed valuation of less than one million dollars to levy taxes as provided in section 7608 of the General Statutes of 1909 is hereby limited so that the board of education of any such city shall not fix a rate of levy for the support of the schools of the city in excess of nine mills. SEC. 158. Oath of Office. [7622.] Each member of the board of education and officer provided for in this article shall take and subscribe an oath or affirmation to support the con- stitution of the United States, the constitution of the state of Kansas, and faithfully perform the duties of his office. The oath and bond of the clerk shall be filed with treasurer. All other oaths and bonds shall be filed with the clerk. (Laws 1876, ch. 122, art. 11, sec. 32.) SEC. 159. Taxable Property. [7609.] The taxable property of the whole city, including the territory attached for school purposes, shall be subject to taxation. All taxes collected for the benefit of the schools shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. (Laws 1876, ch. 122, art. 11, sec. 19.) SEC. 160. Meetings of Board. [7610.] The regular meet- ings of the board of education shall be upon the first Monday of each month, but special meetings may be held from time to time, as circumstances may demand. (Laws 1876, ch. 122, art. 11, sec. 20.) SEC. 161. Annual Report. [7611.] The board of education, at the close of each school year or as soon thereafter as prac- ticable, shall make an annual report of the progress, prosper- ity, and condition, financial as well as educational, of all the schools under their charge ; and said report, or such portion of it as the board of education shall consider of advantage to the public, shall be printed either in a public newspaper or in pamphlet form. (Laws of 1876, ch. 122, art. 11, sec. 21.) SEC. 162. Expenditures; Contracts. [7612.] No expendi- tures involving an amount greater than $200 shall be made except in accordance with the provisions of a written contract, and no contract involving an expenditure of more than $500 for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed propos- CH. 5] CITIES OF SECOND CLASS. 61 als, and to the lowest responsible bidder. 40 (Laws 1876, ch. 122, art. 11, sec. 22.) SEC. 163. Sectarian Doctrine. [7613.] No sectarian doc- trine shall be taught or inculcated in any of the public schools of the city ; but the Holy Scriptures, without note or comment, may be used therein. (Laws 1876, ch. 122, art. 11, sec. 23.) SEC. 164. Bond Election. [7615.] It shall be the duty of the mayor of each city governed by this act, upon the request of the board of education, forthwith to call an election, to be conducted in all respects as are the elections for city officers in the same cities, except that the returns shall be made to the board of education, for the purpose of taking the sense of such district upon the question of issuing such bonds, naming in the proclamation of such election the amount of bonds asked for, and the purpose for which they are to be issued. (Laws 1876, ch. 122, art. 11, sec. 25.) SEC. 165. Execution of Bonds. [7616.] The bonds, the is- suance of which is provided for in the foregoing section, 41 shall be signed by the president, attested by the clerk and countersigned by the treasurer of the board of education ; and said bonds shall specify the rate of interest and the time when principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty dollars. (Laws 1876, ch. 122, art. 11, sec. 26.) SEC. 166. Levy for Interest and Sinking-fund. [7617.] The board of education, at the time of its annual levy of taxes for the support of schools as hereinbefore provided, shall also levy a sufficient amount to pay the interest as the same ac- crues on all bonds issued under the provisions of this article, and also to create a sinking-fund for the redemption of said bonds, which it shall levy and collect, in addition to the rate per cent authorized by the provisions aforesaid for school pur- poses ; and said amount of funds, when paid into the treasury, shall be and remain a specific fund for said purpose only, and shall not be appropriated in any other way except as here- inafter provided. (Laws 1876, ch. 122, art. 11, sec. 27.) SEC. 167. Bonds. [Laws 1913, ch. 270, sec. 1.] That section 1 of chapter 260 of the Session Laws of Kansas for 1911 and the same is hereby amended to read as follows : Sec. 1. That whenever it shall become necessary for the board of education of any city of the second class to provide funds for the purchase of a school site or sites, or to erect a suitable building or build- ings thereon, or to fund any bonded indebtedness or any float- 40. A member of the board can not legally enter into contract with the board to furnish supplies for the schools under said board's control nor to perform any service for said board for which said member draws pay. (See section 35'4 of this book.) 41. Section 164 of this book. 62 CITIES OF SECOND CLASS. [CH. 5 ing indebtedness which may at the present exist in the public schools of said cities of the second class, it shall be lawful for the board of education of any such city of the second class, to borrow money, for such purposes ; and for such purpose or pur- poses the said board of education is hereby authorized and empowered to issue bonds bearing a rate of interest not ex- ceeding five per cent per annum, payable annually or senii- annually at such time and place as may be mentioned on the face of the bonds, which shall be payable in not more than twenty years from their date, and the board of education is hereby authorized and empowered to sell such bonds at not less than their par value; provided that no such bonds except re- funding bonds shall be issued until the question of issuing the same shall be submitted to a vote of the people, and a majority of the qualified electors, male and female, who shall vote on the question at any election called for that purpose shall have declared by their votes in favor of issuing bonds; provided further, that the total indebtedness of the said board of edu- cation shall not thereby be increased to an amount exceeding two and one-fourth per cent of the authorized valuation of the territory within the jurisdiction of said board of educa- tion; provided further, that the board of education of cities of the second class may issue bonds at any time without such election to pay outstanding warrants or floating indebtedness which may exist at the passage of this act; and such board of education may issue at any time a bond for a sum not greater than ten hundred dollars to raise money to pay for needful repairs on school buildings or heating plants for the public school buildings, if the state school superintendent shall approve in writing such issue of bonds for floating indebted- ness and for the purposes in the above proviso; provided, it shall not at any time exceed an aggregate amount of the sum of five thousand dollars, provided further, that the right granted herein to boards of education to issue bonds without such election shall not be construed to authorize an issue of bonds which, with those of the same kind already outstanding, shall exceed one-half of one per cent of the assessment for taxation, as shown by the last finding and determination of the proper board of education. SEC. 168. Investment of Sinking-fund. [7618.] All moneys raised for the purpose of creating a sinking-fund for the final redemption of all bonds issued under this article shall be invested annually by the board of education in the bonds of the state of Kansas, or of the United States, or the board may buy and cancel the bonds of the district whenever such may be purchased at or below par. (Laws 1876, ch. 122, art. 11, sec. 28.) SEC. 169. Interest. [7619.] Whenever the interest coupons of the bonds hereinbefore authorized shall become due, they CH. 5] CITIES OF SECOND CLASS. 63 shall be promptly paid, on presentation, by the treasurer, out of money in his hands collected for that purpose ; and he shall indorse upon the face of such coupons in red ink the word "Paid," and the date of payment, and sign the initials of his name. (Laws 1876, ch. 122, art. 11, sec. 29.) SEC. 170. Security. ^ [7620.] The school fund and property of such city and territory attached for school purposes are hereby pledged to the payment of the interest and principal of the bonds mentioned in this article, as the same may be- come due. (Laws 1876, ch. 122, art. 11, sec. 30.) SEC. 171. Bond Registry. [7621.] It shall be the duty of the clerk of the board of education to register in a book pro- vided for that purpose the bonds issued under this article, and all warrants issued by the board, which said register shall show the number, date and amount of said bonds, and to whom made payable. (Laws 1876, ch. 122, art. 11, sec. 31.) SEC. 172. Levy for Buildings. [Laws 1913, ch. 120, sec. 1.] The board of education of all cities of the second class, having a population of over thirty-five hundred and less than fifteen thousand population, are hereby authorized to locate and build schoolhouses or additions thereto within the district. Before any contract is let, the board of education shall record upon the journal of its proceedings a finding that the erection of such schoolhouse, schoolhouses, or such addition or additions thereto, is a public necessity for the accommodation of its schools and shall certify to the county clerk of the county an annual levy for a period of not more than four years, said levy not to exceed two mills upon the dollar of all taxable property in the school district, including attached territory, if any, which taxes may be levied in addition to all taxes now levied under the law, and shall be levied, entered upon the tax roll, and collected in the same manner as other taxes; provided, that the question shall have been submitted to the qualified electors of the district, and a majority of all the qualified electors voting upon the proposition shall have declared by their ballots in favor thereof. SEC. 173. Payment by Warrants or Bonds. [Laws 1913, ch. 120, sec. 2.] The board of education may divide the cost of said structure, structures, or additions, into equal installments and, in its discretion, provide for the payment of any one of them, either by an annual levy of not to exceed two mills on the dollar, or by time warrants or bonds of the school dis- trict, signed by the president and clerk, and countersigned by the treasurer of the district, in denominations of not less than one hundred dollars nor more than five hundred dollars, each bearing interest not to exceed five per cent. Said time war- rants or bonds shall not be sold below par, and shall mature not later than the close of the period of four years or less in which the required amount might have been raised by the annual levy as hereinbefore provided, and a sufficient levy, 64 CITIES OF SECOND CLASS. [CH. 5 not to exceed two mills, shall be certified and made in each year to pay said warrants or bonds and all accruing interest thereon. No one school building or addition to school build- ing built under this act shall cost more than seventy thousand dollars. SEC. 174. Expenditure for Additional School Grounds. [Laws 1913, ch. 120, sec. 3.] The board of education may expend a sum not to exceed two thousand dollars to buy addi- tional school grounds. SEC. 175. Bonds Issued to Pay Outstanding Warrants. [Laws 1911, ch. 105, sec. 1.] The board of education of any city of the second class is hereby authorized to issue bonds of such board of education, in an amount not to exceed the total amount due on warrants of said board of education outstanding at the time this law takes effect, including accrued interest thereon. The proceeds derived from the sale of said bonds shall be used for the payment of the amount due on such out- standing warrants, including interest, and for no other purpose whatsoever. SEC. 176. Denominations; Payment; Signatures. [Laws 1911, ch. 105, sec. 2.] Said bonds shall be issued in denomina- tions of not less than $100, and shall be payable not more than twenty years from the date thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable semi- annually, for which interest coupons shall be attached to said bonds. The board of education issuing said bonds shall by resolution determine the time or times when said bonds shall be payable and the denomination or denominations thereof. The bonds shall be signed by the president and clerk of the board of education issuing the same, and the coupons shall be signed in the same way, or have printed or engraved thereon a facsimile of said signature. SEC. 177. Sale of Bonds. [Laws 1911, ch. 105, sec. 3.] Said bonds shall be sold under the direction of the board of education issuing the same, for not less than their par value, and no commission shall be allowed for the same. No bonds shall be delivered to any purchaser unless the board of educa- tion issuing the same shall receive at the time of the delivery thereof the outstanding warrants which are paid by the pro- ceeds of said bonds. SEC. 178. Tax for Interest and Sinking-fund. [Laws 1911, ch. 105, sec. 4.] Each board of education issuing bonds under the provisions of this act shall each year levy a tax on the tax- able property of said city and the territory attached thereto for school purposes sufficient to pay the interest accruing thereon, and shall also make such provision for a sinking-fund as it may deem proper. SEC. 179. Treasurer of the Board. [949.] There shall be elected, on the first Tuesday of April of each odd-numbered CH. 5] CITIES OF SECOND CLASS. 65 year, a mayor, police judge, city treasurer, and treasurer of the board of education, together with councilmen, members of the board of education, justices of the peace, and constables, as herein provided. The mayor shall appoint, by and with the consent of the council, a city marshal, a city clerk, a city attorney, and city assessor, and may appoint an assistant mar- shal, city engineer, street commissioner, and such policemen and other officers as they may deem necessary. The officers so appointed and confirmed shall hold their office for a term of one year, and until their successors are appointed and qualified ; the council shall by ordinance specify their duties and com- pensation, and by ordinance abolish any office created by them whenever they may deem it expedient. The mayor, council - men, members of the board of education, justices of the peace, constables, city treasurer, police judge and treasurer of the board of education shall hold their offices for the term of two years, and all other officers for the term of one year ; provided, at the first annual election after the organization of any city there shall be two councilmen and two members of the board of education elected from each ward, one of whom shall serve for one year and one for two years, and one councilman and one member of the board of education shall be elected from each ward at each annual election thereafter; provided, that no member of the board of education shall be a member of the council, nor shall any member of the council be a member of the board of education, and no person shall hold the office of police judge and justice of the peace at the same time; and provided further, that in cities having a population of over 10,000 inhabitants the board of education shall consist of six members only. There shall be elected in such cities, on the first Tuesday of April, 1885, six members of the board of education, two of whom shall serve for one year, two for two years, and two for three years, and at the annual election every year thereafter two members of the board of education shall be elected for the term of three years. (Laws 1885, ch. 99, sec. 3.) SEC. 180. Validity of Official Acts. [7627.] That in cases wherein, in cities of the second class of over 10,000 inhab- itants, the boards of education have heretofore consisted of but six members, the official acts and proceedings of such boards heretofore had and taken, and contracts made and entered into and obligations incurred by such boards of education in pur- suance of the laws of Kansas governing boards of education in such cities, be and the same are hereby ratified and confirmed, and declared to be of the same validity, force and effect as though said boards of education had consisted of two members from each of the wards of such cities. (Laws 1907, ch. 243, sec. 1.) NOTE. For the election of members of the board of education in cities of the first and second class see section 92 of this book. -3 66 CITIES OF THIRD CLASS. [CH. 5 ARTICLE V. CITIES OF THE THIRD CLASS. 181. Cities of the third class defined; government of public schools. 182. No portion of city shall be detached from school district. SECTION 181. Defined. [7629.] Public schools in incorpo- rated cities which have not less than 250 and not over 2000 in- habitants, if not otherwise provided for by law, shall be gov- erned by the provisions of this act which apply to the organiza- tion and maintenance of district schools 42 or of union or graded 42 schools. (Laws 1876, ch. 122, art. 12, sec. 1.) SEC. 182. No Portion of City Shall be Detached. [7630.] That no portion of the corporation of a city of the third class shall be detached from the school district in which the city is located, and the whole of such corporation shall be and remain in one school district for the purpose of schools and taxation. 43 (Laws 1876, ch. 122, art. 12, sec. 2.) 42. See chapter X. 43. See section 7628, General Statutes of 1909, concerning the detach- ment of territory where a city of the third class has become a city of the second class. CH. 6] COMPULSORY EDUCATION. 67 CHAPTER VI. COMPULSORY EDUCATION. 183. Who must attend school; liability of parents and guardians. 184. Truant officers; appointment; duty. 185. Incorrigible pupils. 186. Compensation of truant officers. 187. Teachers and school officers to report. 188. Annual school census. 189. Deaf, mute and blind must be edu- cated. 190. Penalty. 191. Education of children in asylums. SECTION 183 ? Who Must Attend School; Liability of Parents and Guardians. [7736.] Every parent, guardian or other per- son in the state of Kansas having control or charge of any child or children between the ages of eight and fifteen years, 44 inclusive, shall be required to send such child or children to a public school, or a private, denominational or parochial school 45 taught by a competent 45 instructor, each school year, for such period as said school is in session; provided, that any child of the age of fourteen years or more who is able to read and write the English language, 46 and who is actively and regu- larly employed 46 for his own support or for the support of those dependent upon him, shall not be required to attend the aforesaid schools for a longer period or term than eight con- secutive weeks in any one year; provided, that any and all children that have received a certificate of graduation from the common schools of any county or certificate of admission to a high school in any city in the state of Kansas shall be exempt from the provisions of this act; provided, that the children who are physically or mentally incapacitated for the work of common schools are exempt from the provisions of this act, but the school authorities shall have the right, 47 and they are hereby authorized, when such exemption under the provisions of this act is claimed by any parent, guardian or other person in the control or charge of such child or children, to cause an examination of such child or children by a physi- cian or physicians employed for such purpose by such authori- ties, 48 and if such physician or physicians hold that such child 44. The ages are from the time the child becomes eight years old until it becomes fifteen years old. 45. The parent or guardian may determine the particular kind of a school which the child shall attend. Attendance at a night school does not afford sufficient time to become a substitute for attendance upon a day school. This state requires that instructors in such schools be competent; a teacher may be competent without being the holder of a teacher's cer- tificate. For exclusion on account of a contagious disease, see section 166. 46. He must be able to read and write the English language, and also be actively and regularly employed as stated in the law. 47. It is entirely within the province of school authorities to determine the validity of the claim for exemption. 48. The school boards should pay the expense of the examination by the physician. 68 COMPULSORY EDUCATION. [CH. 6 or children are capable of doing the work in the common schools, then such child or children shall not be exempt from the provisions of this act. (Laws 1903, ch. 423, sec. 1.) SEC. 184. Truant Officers; Appointment; Duty. [7737.] The county superintendents of public instruction shall divide their respective counties, exclusive of all cities of the first and second class therein, into not less than one nor more than five truant districts, and the board of county commissioners shall, upon the nomination of the county superintendents of public instruction of their respective counties, appoint a truant officer for each district thus created, who shall hold his office at the will of the county superintendent of public in- struction ; and the boards of education of all cities of the first and second class, respectively, shall, independently and orig- inally, appoint the truant officers or officer of their respective cities, to serve at the pleasure of the appointing board. Each truant officer, in his respective district, shall see that the pro- visions of this act are complied with, 49 and when from per- sonal knowledge, or by report, or complaint of any resident or teacher of the district under his supervision, or from any in- formation, he believes that any child subject to the provisions of this act is habitually absent from any school which it should or has been accustomed to attend, or has been assigned to attend by order of the directors of any country district, or by the classification, transfer, or order of the board of education or superintendent of schools of any city of the first or second class, for a period of three or more consecutive days, unless excused under the provisions of section 1 of this act, he shall immediately give written notice 50 to the parent, guardian or other person having control or charge of such child, or, in the absence of such parent, guardian or other person having con- trol' or charge from his or her usual place of residence, shall leave a copy of such notice with some person over twelve years of age residing at the said usual place of residence, with in- structions to hand said notice to said parent, guardian or other person haying control or charge of such child, which notice shall require the attendance of said child at said school within five days from date of same; and if within five days from the date of said notice such parent, guardian or other person having control or charge of such child does not comply with the provisions of this act, then such truant officer shall make complaint in the name of the state of Kansas against such parent, guardian or other person having control or charge of such child in the juvenile court or other court of 49. The truant officer appointed by the county commissioners is under the direction and supervision of the county superintendent. 50: Formal written notice is required, and the notice is final for the term. Notice by registered letter where delivery is prompt, or by special delivery where it can be used, is a legal notice if delivery can be proved* CH. 6] COMPULSORY EDUCATION. 69 competent jurisdiction of such county, which court is hereby clothed with jurisdiction over all offenders and proceedings under this act, with full power to try and hear all complaints, impose fines, enforce their collection by distress or imprison- ment, and to fully execute the provisions of this act. It shall be unlawful for any merchant, company, or other party, with- out the written permit of the board of directors of any country district, or of the board of education of any city of the first or second class, to employ any child therein, between the ages of eight and fifteen years, during the sessions of the school term or year, unless such child is exempt from attendance under the provisions of section 1 ; provided, that the board of directors of any country district or the board of education of any city of the first or second class shall have authority, in the exercise of a sound discretion, to permit temporary absences of chil- dren from school, between the ages of eight and fourteen years, in extreme cases of emergency or domestic necessity. Any parent, guardian or other person having control or charge of such child delinquent in school attendance, and any mer- chant, company or other party unlawfully employing such child, upon conviction of the violation of any provision of this act, or of the act of which this is amendatory, shall be ad- judged guilty of a misdemeanor, and shall be fined in a sum not less than five dollars nor more than twenty-five dollars for each offense, and be committed to the county jail till same is paid; all fines collected shall be paid into the county treasury for the support of the common schools. It shall be the duty of all county attorneys, for country districts, in their respec- tive counties, and of all city attorneys, in their respective cities, to prosecute all complaints filed and actions brought under this act or under the provisions of the act of which this is amendatory. (Laws 1907, ch. 317, sec. 1.) SEC. 185. Incorrigible Pupils. [7738.] In case any pupil becomes an habitual truant, or becomes a menace to the best interests of the school which he is attending, 51 then it shall be the duty of the truant officer to report said facts and conditions to the parents or guardian of said child. The parent shall be held liable under the provisions of this act for the regular at- tendance and good conduct of said child, unless said parent or guardian shall state in writing to said truant officer that said child is beyond the control of said parent or guardian. Then it shall be the duty of the truant officer to proceed against said pupil under the provisions of the law governing juvenile dis- orderly persons. Cities of the first and second class will each constitute a separate district for the administration of this act, and the truant officer or officers of such cities shall be appointed by the respective boards of education of said cities ; 51. Repeated and willful disobedience of the rules of school is a menace to the best interests of the school. 70 COMPULSORY EDUCATION. [CH. 6 provided, that there shall be in such cities but one truant of- ficer for each 10,000 children, according to the school enumera- tion; provided further, that no city shall have more than five truant officers. The truant officers 52 of cities shall enforce the provisions of this act in the manner and under such penal- ties as are prescribed by section 2 53 of this act. (Laws 1903, ch. 423, sec. 3.) SEC. 186. Compensation of Truant Officers. [7739.] The truant officers provided for in this act who are appointed by the board of county commissioners shall receive from the county treasury two dollars for each day for actual services. 54 The truant officers provided for in this act who are appointed by the board of education of any city of the first or second class shall receive from the treasury of such board of edu- cation two dollars for each day for actual service. Such truant officers shall be paid by the respective counties 55 or board of education in the same manner as other employees are paid; provided, that no warrant shall be issued either on the county treasurer or the treasurer of the board of education for such services until the truant officer shall have filed an itemized statement of the time employed in such service, and such statement shall have been certified to by the county su- perintendent of public instruction or by the clerk of the board of education in the city in which such truant officer is em- ployed; provided further, that no truant officer shall receive pay for more days' service during any one year than the num- ber of days the school is in session that year. (Laws 1903, ch. 423, sec. 4.) SEC. 187. Teachers and School Officers to Report. [7740.] All school officers are hereby required to make and furnish all reports that may be required by the county superintendent of public instruction or by the board of education of any city of the first and second class with reference to the workings of this act. Every teacher employed in the public schools in the state of Kansas is hereby required, before receiving each month's salary, to make a report to the county superintendent of public instruction or to the superintendent of the city in which he may be employed, showing the names and addresses 52. Truant officers of cities of the first and second class are under the supervision of their respective boards of education or the city superin- tendent, who is the board's executive officer. 53. Section 184 of this book. 54. The truant officer may be appointed probation officer of the juvenile court, as provided in section 442. 55. When the county superintendent has approved the bill of the truant officer, the county commissioners (or auditor) of the county have no option but to order payment of same. Truant officers are not entitled to pay for traveling expenses. They are entitled to pay for a reasonable amount of office work in connection with their regular duties. CH. 6] COMPULSORY EDUCATION. 71 of all pupils who have been truant or habitually absent from school during the previous month, and stating reasons for such truancy or habitual absence in each case, if known. All such cases of truancy so reported shall be brought to the notice of the proper truant officer by the county superintendent of public instruction or by the superintendent of the city by which he is employed. (Laws 1903, ch. 423, sec. 5.) SEC. 188. Annual School Census. [7741.] In order that the provisions of this act may be more definitely enforced, it is hereby provided that the enumerators 56 of school children, in taking their annual school census, shall ascertain and record the name, place 57 and date of birth of every child enumerated, and the parent, guardian or persons having charge or control of such child shall subscribe and take oath or affirmation that such record is true. The enumerator is hereby empowered to administer such oath or affirmation ; and any parent, guardian or person having charge or control of any child who shall re- fuse to take such oath or affirmation shall be adjudged guilty of misdemeanor, and upon conviction thereof shall be fined in any sum not less than one nor more than ten dollars. (Laws 1903, ch. 423, sec. 6.) SEC. 189. Deaf, Mute and Blind Must be Educated. [7742.] That every parent, guardian, company, corporation, associa- tion, person or persons within the state of Kansas having con- trol or charge of any deaf, dumb or blind child or person be- tween the ages of seven and twenty-one years, inclusive, shall be required to send such child or person to some suitable school where deaf and blind are taught and educated. The instruction given the deaf shall be conducted either orally or by sign method, or both, for a period of at least five months in each year ; provided, that this will not apply to such child or person where skilled private instruction is given for the same length of time each year. It shall be the duty of the truant officer provided in section 2, Laws of 1903, to enforce the provisions of this act, the same as provided for the enforcement of chap- ter 423, Laws of 1903. (Laws 1905, ch. 384, sec. 1.) SEC. 190. Penalty. [7743.] Any parent, guardian, com- pany, corporation, association, member of any company, cor- poration, or association, person or persons who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be adjudged to pay a fine in any sum not to exceed $100. (Laws 1905, ch. 384, sec. 2. ) SEC. 191. Education of Children in Asylums. [5569.] When- ever it shall be necessary and practicable, poor children of the 56. In all districts under the supervision of the county superintendent the district clerk is the enumerator. 57. Address at the date of census. 72 COMPULSORY EDUCATION. [CH. 6 asylums who can not be bound out, or whom it may not be expedient to bind put, shall be educated thereat, or at the schools of the district in which such asylum may be situated, or in some adjacent district, and the board of county commis- sioners of any such county may arrange with such school district or districts for the education of such children and allow a reasonable tuition fee therefor. (Laws 1905, ch. 385, sec. 1.) CH. 7J CONSOLIDATION. 73 CHAPTER VII. CONSOLIDATION. 192. 193. 194. 195. Temporary consolidation of districts by county superintendent. Procedure in consolidation. Consolidation with district contain- ing a graded school. Transportation of pupils. 196. 197. 198. 199. 200. 201. Powers of district meetings of dis- trict board. County superintendent to be notified. Record boundaries. Property of districts. Name. Duties and powers of district board. SECTION 192. Temporary Consolidation of Districts by County Superintendent. [7428.] The county superintendent of public instruction may, when any two or more adjoining school districts have less than five pupils each of school age, combine the pupils of such districts, and provide for a term of school, which shall be divided among the districts so combined as he shall deem most convenient, and to which the pupils of each shall be admitted; he shall prorate the expense between the districts in proportion to the number of pupils from each, and shall certify same to the county clerk on or before the 1st day of August of each year, and the board of county commis- sioners shall levy a tax against the property of said district sufficient to raise the amount shown by the said certificate; provided, that whenever the school population of such districts so combined or of any school district shall become less than five no term of school shall be held, but provision shall be made by the county superintendent for sending pupils to other schools, as now provided by law in the case of districts which vote to have no school, and in no case shall more than one school be held at the same time in any school district, consolidated or otherwise, unless there be a regular attendance of at least five bona fide pupils for -each of the additional schools in said dis- trict. All contracts with teachers shall be made subject to the provisions of this act. (Laws 1901, ch. 307, sec. 11.) SEC. 193. Procedure in Consolidation. [Laws 1911, ch. 275, sec. 1.] By order of the district board, or by a written petition of twenty-five per cent of the voters of any school dis- trict, the clerk of said school district shall post printed notices as required for school-district meetings, calling a school-dis- trict meeting at the schoolhouse of said district for the purpose of voting upon a proposition to consolidate said school district with one or more school districts as stated in said notices. The vote in any district may be made conditional on a similar proposition carrying in part or all of the districts voting. In any school district voting on the proposition a majority of the votes cast shall be sufficient to carry the proposition in said district. The vote at such school-district meeting shall be by ballot, which shall read "For consolidation" or "Against con- solidation." Upon such proposition being carried, the clerk of said school district shall thereupon, in writing, notify the 74 CONSOLIDATION. [CH. 7 county superintendent of such action. Upon receiving such notice, it shall be the duty of the county superintendent to designate a time and place for a meeting for the purpose of electing a school board, consisting of a director, clerk and treasurer, notice of which meeting shall be given by printed notices posted in five public places in the district uniting. As soon as such officers are elected and have taken the oath of office, the county superintendent shall declare the old districts disorganized; provided, that said school board is authorized to maintain separately till the end of the term any schools that may be in session at the time of consolidation. SEC. 194. Consolidation with 'a District Containing a Graded School. [Laws 1911, ch. 275, sec. 2.] Any school district may be annexed to a school district containing a graded school upon a proposition for such annexation receiving a majority of votes cast at an election called for that purpose as provided for in section 1 of this act, and upon said proposition receiving the approval of the district board of the school district containing said graded school. Upon the county superintendent receiving notification that such proposition has been carried at said elec- tion and approved by the school board of the school district containing the graded school, the county superintendent shall annex said district. Such annexation shall take place in ac- cordance with section 7435 of the General Statutes of 1909, and after such district is formed it shall be governed by the provisions governing consolidated districts. A graded school for the purpose of this act shall be one in which two or more teachers are employed. SEC. 195. Transportation of Pupils. [Laws 1911, ch. 275, sec. 3.] The district board of consolidated school districts shall provide for the comfortable transportation of the pupils of said districts living two or more miles from the school by the usually traveled road in a safe and enclosed conveyance or conveyances, and shall establish such rules and regulations as may be necessary for carrying out the provisions of this sec- tion. SEC. 196. Powers of District Meetings and of District Board. [Laws 1911, ch. 275, sec. 4.] The annual or special meetings of consolidated school districts shall have such general powers and duties as are provided by law for school-district meetings. 58 The duties and powers of the district board of consolidated districts shall include those provided by law for district boards. SEC. 197. County Superintendent to be Notified. [7433.] Upon the organization of such union school districts, as here- inbefore provided, the clerk of the board thereof shall notify the county superintendent in writing that such action has been taken. (Laws 1901, ch. 305, sec. 3.) 58. See chapter X of this book. CH. 7] CONSOLIDATION. 75 SEC. 198. Record of Boundary. [7434.] The boundary of the union district, when formed, shall include the territory of the districts so uniting, and the county superintendent shall, upon proper notice thereof, at once make a record of such boundary ; provided, that by vote of the electors of any district uniting to form a union district part of the district may unite with one union district and part with another adjacent union district. (Laws 1901, ch. 305, sec. 4.) SEC. 199. Property of Districts. [7435.] Upon the organi- zation of such union school district, all school property, except as hereinbefore provided, heretofore owned by the several dis- tricts so uniting, shall at once become the property of such union school district, and the board of directors of the said union school district are hereby authorized to dispose of any or all such property as the best interests of such district may re- quire. (Laws 1901, ch. 305, sec. 5.) SEC. 200. Name. [7437.] Such union school district, when formed, shall be known as union school district No. , county of - , state of Kansas, and be a body corporate, with power to sue and be sued. (Laws 1901, ch. 305, sec. 7.) SEC. 201. Duties and Powers of District Board. 59 [7438.] The duties and powers of the board of directors heretofore mentioned shall be the same as those provided by law for school-district boards. (Laws 1901, ch. 305, sec. 8.) 59. See chapter X of this book. 76 COUNTY SCHOOL FUND. [CH. 8 CHAPTER VIII. COUNTY SCHOOL FUND. 205. Moneys and property to be delivered 202. County treasurer. 203. County clerk shall report to county superintendent. 204. Justices shall report to county su- perintendent proceeds of fines and estrays. to proper officers. 206. No compensation. 207. Penalty. 208. Unclaimed money. 209. Fines and penalties paid into com- mon-school fund. SECTION 202. County Treasurer. [7730.] The county treasurer shall collect all moneys due the county for school pur- poses from fines, forfeitures, or proceeds from the sale of estrays, and all moneys paid by persons as equivalent for ex- emption from military duty ; and he shall, upon proper applica- tion of the district treasurer of any district in the county, pay over to the said district treasurer the amount apportioned to the district by the county superintendent. 60 He shall also collect the delinquent taxes on real estate in any district, in the same manner as county taxes are collected, whenever such delinquent tax list shall have been lawfully reported and re- turned to him, and he shall pay the same over to the treasurer of the district to which such delinquent taxes are due ; and if any county treasurer shall refuse to deliver over to the order of the county superintendent any school money in his posses- sion, or shall use or permit to be used for any other purpose than is specified in this act any school money in his possession, he shall on conviction thereof be adjudged guilty of a mis- demeanor, and be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.) SEC. 203. County Clerk. [7731.] The county clerk of each county shall, on the first Mondays of March and July of each year, make out and transmit to the county superintendent a true statement of any county school money then in the county treasury. (Laws 1876, ch. 122, art. 17, sec. 3.) SEC. 204. Justice of the Peace. [7732.] Each justice of the peace shall report to the county superintendent, on the 1st day of March and on the 25th day of July of each year, the amount received from the proceeds of fines and estrays during the six months preceding, and belonging to the school fund of the county; and each justice of the peace, at the time of mak- ing his report to the county superintendent, shall promptly pay all of said proceeds to the county treasurer, to be disbursed by the county superintendent at the next ensuing semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.) 60. The county school fund is added to the allotment received from the state school fund and apportioned as one fund by the county superin- tendent. CH. 8] COUNTY SCHOOL FUND. 77 SEC. 205. Moneys and Property. [7733.] All persons hav- ing school moneys or other school property in their possession, by virtue of any act heretofore passed, are hereby required to pay over and deliver the same to the proper officers provided for by this act. (Laws 1876, ch. 122, art. 17, sec. 4.) SEC. 206. No Compensation. [7734.] No county treasurer shall receive any compensation for disbursing or receiving either county or state school moneys. (Laws 1876, ch. 122, art. 17, sec. 5.) SEC. 207. Penalty. [7735.] Any county treasurer who shall neglect or fail to pay over any school money in the treasury, on application, shall be subject to a fine of not less than $500 for every such neglect or failure. (Laws 1876, ch. 122, art. 17, sec. 6.) SEC. 208. Unclaimed Money. [7698.] If any sum of money directed by an order of the court to be distributed to heirs, next of kin or legatees shall remain for the space of one year unclaimed, the executor or administrator shall pay over the same to the treasurer of the county for the benefit of com- mon schools of the county. (Laws 1876, ch. 122, art. 15, sec. 7.) SEC. 209. Common-school Fund. [6908.] All fines and penalties imposed, and all forfeitures incurred, in any county, shall be paid into the treasury thereof, to be applied to the support of common schools. (Gen. Stat. 1868, ch. 82, sec. 332.) 78 COUNTY SUPERINTENDENT. [CH.9 CHAPTER IX. COUNTY SUPERINTENDENT. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 222. 223. 224. 225. 226. 227. 228. Qualification. Term of office. Official oath and bond. General duties; quarterly report to state superintendent. Apportionment of state and county school funds. Description of school-district boun- daries. Shall furnish. map to assessor. Boundary lines reestablished. Boundary lines reestablished in case of error. Annual report to state superinten- dent. Compensation. Vacancy in board of directors of school district. Vacancy in office of county superin- tendent. Superintendent shall require clerks' reports to be made promptly and correctly. Power to administer oaths, in what Purchase of records for school dis- tricts. Forming and changing school dis- tricts. School districts within an Indian reservation. 229. Aggrieved persons. 230. Notice of forming school district and of first meeting. 231. Division of property. 232. Depopulated school district; in- debtedness, how paid. 233. County treasurer shall pay orders. 234. Superintendent may disorganize. 235. When district shall be considered depopulated. 236. Superintendent may disorganize par- tially depopulated districts. 237. Partially depopulated districts; defi- nition. 238. Petition. 239. County superintendent may attach. 240. Floating indebtedness. 241. Orders paid by county treasurer. 242. Disposition of funds. 243. Disposition of property. 244. Territory not liable. 245. Annexation of school districts. 246. Division of districts annexed. 247. Other duties; deputy. 248. Neglect or refusal to perform duty. 249. Agent of Orphans' Home. 250. Unlawful for county superintendents to purchase school lands. 251. Trespassers on school lands. SECTION 210. Qualifications. [7379.] That a person to be eligible to the office of county superintendent of public instruc- tion must hold a professional certificate, first-grade certificate, or a state certificate, or be a graduate of an accredited college or normal school, and must have taught at least eighteen months; provided, that this act shall not apply to any person now holding the office of county superintendent or to any per- son who is now a county superintendent elect. (Laws 1907, ch. 167, sec. 1.) SEC. 211. Term of Office. [7377.] The term of office of the county superintendent of public instruction shall begin on the second Monday of May of each odd year, beginning with the year A. D. 1901. (Laws 1899, ch. 244, sec. 1.) SEC. 212. Oath and Bond. [7380.] The county superin- tendent of public instruction shall, before he enters upon the duties of his office, take and subscribe' an oath or affirmation to support the constitution of the United States and of the state of Kansas, to faithfully discharge the duties of said office, and execute to the state of Kansas a bond in the sum of $1000, conditioned to the faithful performance of his official duties; which bond, after having been approved by the board of county commissioners, together with his official oath, shall be filed in the office of the county clerk. (Laws 1881, ch. 152, sec. 1.) SEC. 213. General Duties. [7381.] It shall be the duty of CH. 9] COUNTY SUPERINTENDENT. 79 the county superintendent of public instruction to visit each school in his county at least once each term of six months, 61 correcting any deficiency that may exist in the government of the school, 62 the classification of the pupils, or the methods of instruction in the several branches taught; to make such suggestions in private to the teachers as he shall deem proper and necessary to the welfare of the school; to note the char- acter and condition of the schoolhouse, furniture, apparatus, and grounds, and make a report in writing to the district board, making such suggestions as in his opinion shall im- prove the same; to examine the accounts and record-books of the district officers, and see that they are kept as required by law; to encourage the formation of associations of teachers and educators for mutual improvement, and, as far as possible, to attend the meetings of such associations, and participate in the exercises of the same; to attend the normal held in his county, using his influence to secure the attendance of teach- ers; to make daily a personal inspection of the work of the institute in session, and keep a record of the same in his office, and do such work in connection with the exercises of the institute as he may deem necessary ; 63 to hold a public meeting in each school district of his county at least once every year, for the purpose of discussing school questions and elevating the standard of education ; to keep his office open at the county seat, Saturday of each week, and in counties in which the superintendent receives a salary of more than $600 per annum, he shall keep his office open when not necessarily absent at- tending to his official duties. 64 He shall keep a complete record of his official acts; a record of the name, age and post-office address of each candidate for a teacher's certificate, with the number of weeks said candidate has attended a normal school or institute, the number of weeks he has taught, his standing in each study, and the date of issue and expiration of each certificate granted. He shall keep a register of the teachers employed in his county, giving name of teacher, number of the district in which he is employed, dates of opening and closing term, salary per month, grade of certificate, and date of superintendent's visit. He shall keep a record of the semi- 61. "At least once each term of six months" is held to mean at least once each school year. 62. The power to correct deficiencies in government, classification and methods of instruction implies a direct responsibility of the teacher to the superintendent. The language of the law is clearly intended to establish this relation somewhat as it exists in city schools. Failure to pay reason- able attention to the suggestions of the county superintendent in these mat- ters is held to be sufficient ground for withholding the teacher's certificate. 63. The county superintendent can not receive compensation for work in connection with the normal institute. 64. The provisions of this section require the entire time of every county superintendent receiving a salary of over $750. 80 COUNTY SUPERINTENDENT. [CH. 9 annual apportionments of the state and county school funds, and such other statistical records as shall be required in making reports to the state superintendent of public instruc- tion. He shall make out and transmit to the state superin- tendent, on the last Monday of March, June, September and December of each year, a report, showing the number of school visits made, with the average length of time spent in such visits; the number of consultations held with school of- ficers; the number of days his office has been kept open; the number of district treasurers' and clerks' record-books exam- ined ; the number of teachers' meetings attended ; the number of public lectures delivered; and such other information as the state superintendent may require regarding the duties of such county superintendent; and until such report shall have been forwarded to the state superintendent, and a copy thereof filed with the county clerk for publication, and that fact cer- tified by the said county superintendent to the board of county commissioners, the warrant for his salary shall not be drawn. The county superintendent shall obtain from the county clerk, at least ten days before the time for holding the annual school meeting each year, a certified statement of the total assessed valuation of the property in each school district in his county, and immediately certify the same to the several school-district clerks of his county, for the information of the annual school meeting; and it is hereby made the duty of said county clerk to make out said certified statement, and deliver the same to the county superintendent. (Laws 1881, ch. 152, sec. 2.) SEC. 214. Apportionment of School Funds. [7382.] Within five days after receiving the certificate of the state superin- tendent of public instruction, informing him of the amount of state school fund which has been apportioned to his county, the county superintendent shall apportion the same, together with the unapportioned county school fund in the county treasury, among the school districts and parts of districts in such county, in the ratio of the number of persons of school age residing in each district or part of district, as shown by the last annual reports of the several clerks of such districts and parts of districts; 65 provided, that no district in which a common school has not been taught at least three months the last preceding school year shall be entitled to receive any portion of either of said funds ; 66 and he shall draw his order 65. A district that refuses or neglects to have the census taken accord- ing to law forfeits its right to a share of the annual school fund. 66. Seven months the minimum term by Laws 1911, ch. 268, sec. 1 (section 264 of this book). A district must not only have had a com- mon school taught at least three months during the school year ending June 30, but must also have made through its district clerk the requisite annual report for the school year in time to be included in the annual report of the county superintendent, or the county CH. 9] COUNTY SUPERINTENDENT. 81 on the county treasurer in favor of each of the several school- district treasurers for the amount apportioned to such district. (Laws 1881, ch. 152, sec. 3.) SEC. 215. School-district Boundaries. [7383.] The county superintendent is hereby required to furnish the county clerk with a description of the boundary of each school district, on or before the last Monday in May of each year. (Laws 1887, ch. 219, sec. 1.) SEC. 216. Shall Furnish Map. The county superintendent of public instruction of the several counties of the state shall, on or before March 1 of each year, furnish to each assessor within his county a map of the city or township of such asses- sor, showing the number and metes and bounds of every school district or part of school district within his township or city. (Laws 1885, ch. 198, sec. 3.) SEC. 217. Boundary Lines Reestablished. [Laws 1911, ch. 274, sec. 1.] That in all counties in the state of Kansas where the records of the boundary lines of school districts heretofore established in the state have been lost or destroyed, it shall be the duty of the superintendent of public instruction of said county to reestablish said lines as nearly as possible upon the lines theretofore established, and for this purpose he may ex- amine such witnesses as to him or the parties in interest shall seem proper and sufficient to give him such information as is necessary to carry out the provisions of this act. SEC. 218. Boundary Lines Reestablished in Case of Error. [Laws 1911, ch. 274, sec. 2.] That in any county where the records of the boundary lines of school districts heretofore established have been lost or destroyed, and an attempt has been made to reestablish said lines, where it becomes evident to superintendent can not legally apportion to the district a share of the next ensuing February and August dividends of the state and county school funds. In apportioning these funds, the county superintend- ent must be governed not only by the proviso regarding the length of school term, but also by the number of children of school age residing in the sev- eral districts of the county, "as the same shall appear from the last annual reports of the clerks of the respective districts" For purposes of appor- tionment, it is only from the annual report of a clerk of a district that a county superintendent can legally know the number of children of school age residing in the district. In the case of the organization of a school district out of a part of the territory of another which is entitled to a portion of the state and county school funds, the newly formed district should be apportioned its just share of the funds to which the original district would have been entitled. If the division of the district was made before the time of making the annual re- port, the report of the new district should show the number of children resident of the territory detached from the old district, so that this ap- portionment may be made upon official returns. If the new district was organized after the time of making the annual report, the officers of the former district should be directed to pay to the treasurer of the new dis- trict that portion of the funds to which the children residing upon the detached territory entitle said district. 82 COUNTY SUPERINTENDENT. [CH. 9 the county superintendent that the attempted reestablishment has been wrong and that a mistake has been made in the re- establishment, the said superintendent shall have the same right to reestablish said lines as conferred in section 1 herein, notwithstanding the attempted reestablishment heretofore made. SEC. 219. Annual Report. [7384.] He shall, on or before the 15th of October of each year, make out and transmit in writing to the state superintendent of public instruction a re- port bearing date October 1, containing a statement of the number of school districts 67 or parts of districts in the county, and the number of children and their sex, resident in each over the age of five and under the age of twenty-one years ; 68 a statement of the number of district schools in the county, the length of time a school has been taught in each, the number of scholars attending the same, their sex, the branches taught and the text-books used, the number of teachers employed in the same, and their sex ; a statement of the number of private or select schools in the county, so far as the same can be ascer- tained, and the number of teachers employed in the same, their sex, and the branches taught; a statement of the number of graded schools in the county, the length of time school has been taught in each, and the number of scholars attending the same, their sex, and the branches taught, the number of teachers em- ployed in the same, and their sex ; a statement of the condition of the normal school, where such school has been established, the number of students attending the same, their sex, and the number of teachers employed in the same, and their sex; a statement of the county normal institute; a statement of the number of academies and colleges in the county, and the num- ber of students attending the same, and their sex, the number of teachers employed in each, and their sex ; a statement of the amount of public money received in each district or parts of districts, and what portion of the same, if any, has been ap- propriated to the support of graded schools ; a statement of the amount of money raised in each district by tax and paid for teachers' wages in addition to the public money paid therefor ; the amount of money raised by tax or otherwise for the pur- pose of purchasing school site, for building, hiring, purchasing, repairing, furnishing or insuring such schoolhouse, or for any 67. Joint districts are reported by the superintendent under whose supervision the districts exist. 68. The annual reports of county superintendents constitute the basis upon which the state superintendent disburses the semiannual dividends to the several counties. If any county superintendent, therefore, fails to make his annual report, as required by law, the county loses its share of the state school fund, and the county superintendent becomes responsible to the county for the amount. CH. 9] COUNTY SUPERINTENDENT. 8 other purpose allowed by law, in the district or parts of dis- tricts. (Laws 1881, ch. 152, sec. 5.) SEC. 220 [and sec. 221]. Compensation. [Laws 1913, ch. 197, sec. 5.] The county superintendent of public instruction shall be allowed by the board of county commissioners of their respective counties, as full compensation for all their services in the performance of the duties required of them by statute, the following sums and no more, to be paid out of the county treasury in monthly or quarterly installments ; said compensa- tion shall be fixed by the board of county commissioners at the first meeting in July of each year, based on the enumeration of the school enumerator for that year, and the salary so fixed shall begin on July first of that year. In counties having a school population 70 of less than 500, the county superintendent shall receive for each day actually employed in the discharge of his duties in his office the sum of three dollars per day for a number of days not to exceed 180 in any one year. In counties having a school population of from 500 to 1000, he shall receive the sum of three dollars per day for a number of days not to exceed 200 in any one year. In counties having a school population of 1000 to 1500 he shall receive the sum of seven hundred and fifty dol- lars per annum ; in counties containing more than 1500 persons of school age, exclusive of those in cities of the first and second class, he shall receive eight hundred dollars and twenty dollars per annum for each 100 persons of school age in excess of said 1500 up to the sum of one thousand two hundred dollars ; pro- vided, that in "each county, the county commissioners shall add to the salary hereinbefore provided the sum of one dollar per annum for each teacher employed in the county, exclusive of those employed in cities of the first and second class ; provided that in counties of 50,000 to 60,000 the salary of the county superintendent shall be eighteen hundred dollars, and in coun- ties of from 60,000 to 90,000 or more population the salary of the county superintendent shall be one thousand eight hundred dollars per annum ; provided further, that if the county super- intendent shall fail to spend at least two hours in each school- room each school year, so as to observe for at least two hours, the work of each teacher under his supervision, the county commissioners may deduct from the last quarterly installment the sum of five dollars for each delinquency. The county com- missioners may allow county superintendents having under their jurisdiction more than 125 and not more than 200 teach- ers the sum of three hundred sixty dollars per annum for clerk hire, and for more than 200 teachers, the sum of four hundred dollars per annum for clerk hire. The county super- 70. "School population" is held to mean the enumeration taken an- nually by school-district clerks for the annual report. Such enumeration for each year should constitute the basis for the superintendent's salary for the ensuing year, beginning the first day of July. 84 COUNTY SUPERINTENDENT. [CH. 9 intendent shall be entitled to all money actually expended for stationery, postage, freight and express. All money paid out of the county treasury for this purpose shall be out of the gen- eral fund of the county. That the county superintendent of the several counties in the state of Kansas, shall receive the sum of one ($1.00) dollar per school per annum, as traveling expenses in visiting said schools; provided, in no case shall any county superintendent receive traveling expenses for schools not visited. SEC. 222. Vacancy in Board. [7387.] Should a vacancy oc- cur in the board of directors of any school district, it shall be the duty of the county superintendent to appoint some suit- able person, a resident of the district, to fill the same, and the person so appointed shall continue, in office until the next annual meeting thereafter, and until his successor is elected and qualified. (Laws 1881, ch. 152, sec. 7.) SEC. 223. Vacancy in Office of County Superintendent. [Laws 1911, ch. 278, sec. 1.] That section 7388 of the General Statutes of Kansas, 1909, is hereby amended to read as fol- lows: Sec. 7388. When a vacancy occurs in the office of county superintendent of public instruction by death, resig- nation or otherwise, notice thereof shall be given by the county clerk to the board of county commissioners, who shall as soon as practicable appoint some suitable person to fill the vacancy ; provided, that if the board of county commissioners are unable to make such appointment from the residents of the county, the county clerk shall notify the state superintendent of public instruction, who shall appoint some legally qualified person who is a resident of Kansas to fill the said vacancy, regardless of the place of residence of such person; and the person re- ceiving such appointment shall before entering upon the dis- charge of the duties of the office acquire a residence in said county by removing thereto, and shall file his oath or affirma- tion and bond in the county clerk's office as provided by law, and shall hold his office until his successor is elected and qualified. SEC. 224. Clerks' Reports. [7389.] He shall see that the annual reports of the clerks of the several school districts and parts of districts in his county are made correctly and m due time. (Laws 1881, ch. 152, sec. 9.) SEC. 225. Oaths. [7390.] County superintendents shall have power to administer oaths in all cases in which an oath is made necessary by any provision of the school law, except in the qualifying of county superintendents and their sureties. (Laws 1881, ch. 152, sec. 10.) SEC. 226. Purchase of Records. [7391.] The county super- intendent of public instruction of the respective counties in this state may purchase, for each organized school district in OH. 9] COUNTY SUPERINTENDENT. 85 his county not having sufficient records, one set of school-dis- trict records, consisting of district clerk's records and order- books, district treasurer's book, and a teacher's daily register. Each of said books shall contain such printed forms and in- structions as will enable the teacher and the school-district officers to perform with correctness and accuracy their^several duties as required by law; provided, the entire set of said records as above enumerated shall not exceed in cost four dol- lars for each set ; and the said superintendent shall draw his order or warrant on the county treasurer in favor of the per- son he purchases said books of, for the amount of the pur- chase-money, and it is hereby made.the duty of said county treasurer to pay said warrant or order out of any money in his hands belonging to the respective districts in his county; provided, that no funds in the hands of the county treasurer belonging to the several school districts in his county shall be diverted from the object for which said fund was raised; and the said superintendent shall deliver the said books to the district board of each district. (Laws 1881, ch. 152, sec. 11.) SEC. 227. Forming and Changing Districts. 11 [7392.] It shall be the duty of the county superintendent of public in- struction to divide the county into a convenient number of school districts, and to change such districts when the interests of the inhabitants thereof require it, 72 but only after twenty days' notice thereof, by written notices posted in at least five public places in the district to be changed; but no new school district shall be formed containing less than fifteen persons of school age, no district shall be so changed as to reduce its school population to less than fifteen, and none having a bonded indebtedness shall be so reduced in territory that such indebtedness shall exceed five per cent of their assessed property valuation; 73 provided, that any person interested may appeal to the board of county commissioners from the action of the county superintendent; and provided further, that the restrictions as to school popu- lation and assessed valuations of this section shall not pre- vent desirable changes in school-district boundaries when the 71. The fact that the district boundary has been changed by legis- lative act or a district disorganized by legislative act in no respect modi- fies the power of the county superintendent as conferred by this section. 72. It is very desirable that the people concerned should be consulted, and the arguments on both sides carefully considered, before making im- portant changes. After a district has issued bonds to build or purchase a schoolhouse, alterations should be discouraged until the bonds are paid, except in cases where imperative necessity demands a change. The object should be to establish strong and permanent districts. 73. See section 270 for the valuation required in the formation of new districts and the alteration of district boundaries. The territory com- prising a school district at any particular time is the territory at that time liable for the bonds of such district. 86 COUNTY SUPERINTENDENT. [CH. 9 proposed alteration of boundaries is approved by the board of county commissioners. The county superintendent shall num- ber school districts when they are formed; and he shall keep in a book for that purpose a description of the boundaries of each school district and part of district in his county, with plat of the same, date of organization, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment, and the time the term of each is to expire. (Laws 1907, ch. 329, sec. 1.) SEC. 228. School Districts Within an Indian Reservation. [Laws 1913, ch. 282, sec. 1.] That the county superintendent of any county in which there is an Indian reservation may, under the procedure prescribed by law for the organization of other school districts, erect any number of school districts lying wholly or partly within such Indian reservation, and the ordinary limitations of assessed valuation of property within such district shall not prevent the organization of any such district ; provided, that any such district which it is pro- posed to organize has an aggregate of sixty thousand dollars' worth of real and personal property, subject to taxation. SEC. 229. Aggrieved Persons. [7401.] If in the formation or alteration of, or refusal to form or alter school districts, any person or persons shall feel aggrieved, such person or per- sons may appeal to the board of county commissioners, who shall confer with the county superintendent, and their action shall be final; provided, that notice of such appeal 74 shall be served on the county superintendent within ten days of the time of posting of the notices of the formation or alteration of such district; such notice shall be in writing, and shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also with the clerks of all districts affected by such alteration ; and provided also, that such appeal shall be heard and decided by the majority of the board of county commissioners at their next regular meeting; and if such appeal is not sustained by them, the county superintendent shall proceed to appoint the time and place for said first district meeting, which shall then proceed as by law required. (Laws 1876, ch. 122, art. 3, sec. 5.) SEC. 230. Notice of First Meeting. [7393.] Whenever a school district shall be formed in any county, the county superintendent of public instruction of such county shall, within fifteen days thereafter, prepare a notice of the forma- tion of such district, describing its boundaries, and stating the number thereof. He shall cause the notices thus prepared to be posted in at least five public places in the district, and, in 74. No appeal can be made to the county commissioners unless the county superintendent posts notices of the formation or alteration of a school district. CH. 9] COUNTY SUPERINTENDENT. 87 case there shall be no appeal, shall in ten days thereafter in like manner appoint a time and place for a special district meeting, for the election of officers and the transaction of such business as is prescribed by law for special school-district meeting. (Laws 1881, ch. 152, sec. 13.) SEC. 231. Division of Property. [7400.] When a new dis- trict is formed, in whole or in part, from one or more districts possessing a schoolhouse or entitled to other property, such new district shall be formed only between April 1 and Septem- ber 1 of the same year, and the county superintendent shall determine the value of the school property of the school dis- trict, including taxes due, and deducting all indebtedness except bonded indebtedness. There shall be due to the new district 75 from the old district the proportion of the value of FIRST RULE. To be applied in dividing school property which has been procured with the proceeds of district taxe&: (1) Find the assessed valuation of the taxable property of the undivided district, as returned on the last assess- ment roll of the county. (2) Find, in like manner, the assessed valuation of the taxable property of the territory which is to be cut off, and which does not retain the school property. (3) Find the present value of the school property of the undivided district, including moneys raised from district taxes and remaining in the treasury at the time the division is made, after discharging all indebtedness except bonded indebtedness. (4) Multiply the present value of the school property by the assessed valuation of the territory which is to be cut off. That product, divided by the assessed valuation of the undivided district, gives the amount due to the territory which is to be cut off. SECOND RULE. To be applied in dividing such school property as consists of moneys received by the undivided district from the state and county school funds: (1) Find the number of children of school age residing in the undivided district, as given in the last annual report of the clerk of the district. (2) Find, in like manner, the number of children of school age residing in the territory which is to be cut off, and which does not retain the school property. (3) Find the amount of state and county school money remain- ing in the treasury of the undivided district at the time the division is made, after discharging all indebtedness except bonded indebtedness. (4) Multiply the residue of state and county school moneys by the number of children residing in the territory which is to be cut off. That product, divided by the number of children of school age residing in the undivided district, gives the amount of state and county school moneys due to the territory which is to be cut off. The same principle of division of property is to be followed in case the new district is formed from parts of two or more districts. The county superintendent of public instruction should make the division of school property at the time of forming a new school district, but his failure to do so at the time does not impair the rights of said district. the school property that the assessed valuation of property of the new district bears to the assessed valuation of the property of the old district. The county superintendent shall certify to 75. For the division of school property under the provisions of this section, the following rules are recommended, viz.: 88 COUNTY SUPERINTENDENT. [CH. 9 the county clerk the proper tax levy against the taxable prop- erty of the old district to pay the amount due the new district. (Laws 1909, ch. 207, sec. 1.) SEC. "232. Depopulated District. [7414.] That when a school district having a floating indebtedness, consisting of outstanding school orders, is now or shall hereafter become depopulated, it shall be the duty of the county commissioners, on information furnished by the county superintendent, to provide for the payment of such outstanding indebtedness by making a levy of taxes therefor upon the property of such depopulated district, which shall be extended by the county clerk on the tax-roll the same as other taxes; provided, that no levy shall exceed twenty mills 76 on the dollar in any one year. (Laws of 1893, ch. 135, sec. 1.) SEC. 233. County Treasurer Shall Pay. [7415.] That the county treasurer shall pay all school orders mentioned in the preceding section out of any funds standing to the credit of the school district on which said school orders are drawn; provided, that the county superintendent's order for the pay- ment of the same shall be attached to such school order. (Laws 1893, ch. 135, sec. 2.) SEC. 234. County Superintendent May Disorganize. [7416.] That the county superintendent may, in his discretion, after all indebtedness 77 has been fully paid and canceled, declare such depopulated school district disorganized, and attach the territory belonging thereto to adjoining school districts. (Laws 1893, ch. 135, sec. 3.) SEC. 235. When Depopulated. [7417.] The term "depopu- lated school district" as used in this act shall be held to mean a school district having fewer than five legal voters therein and fewer than seven persons between the ages of five and twenty-one years; such fact to be determined by the county superintendent. It shall be the duty of the county superin- tendent, upon the filing of a written request by the holder of an outstanding school order, to make an investigation of the school district issuing such order, and report to the board of county commissioners the facts as to the population as afore- said; and such report shall be conclusive on that question. (Laws 1907, ch. 322, sec. 1.) SEC. 236. Superintendent May Disorganize Partially De- populated Districts. [7418.] That the superintendent of pub- lic instruction in any county is hereby empowered to disorgan- ize partially depopulated school districts in his county; or in counties where joint school districts exist, the superintendent having jurisdiction over the major portion of said school dis- 76. Four mills. Changed by Laws 1909, ch. 245, sec. 25 (section 474 of this book) . 77. Does not refer to bonded indebtedness. CH. 9] COUNTY SUPERINTENDENT. 89 tricts shall have full power to act, and the officers in said county shall have full control to levy tax, and certify the same to the proper officers out of said county having taxable prop- erty in said joint school district, who shall place the same on the tax-rolls of their respective counties, and collect the same as other school tax levied in their respective counties, and when collected they shall pay the same to the proper officers of said county in which said major portion is located, taking a receipt therefor, and the county treasurer and county superin- tendent shall proceed to disburse said funds so collected the same as in section 7 78 of this act. (Laws 1901, ch. 307, sec. 1.) SEC. 237. Partially Depopulated District; Definition. [7419.] For the purposes of this act, a school district shall be deemed partially depopulated when the number of persons resident thereof over the age of five years and under the age of twenty-one years shall be less than twelve. (Laws 1907, ch. 323, sec. 1.) SEC. 238. Petition. [7420.] That such action shall not be taken by the county superintendent of any such county unless there shall be presented to him a petition signed by two-thirds of the bona fide residents of such school district having the qualifications of school-district electors, and who have resided continuously for one year in said school district, requesting such disorganization ; provided, that such disorganization shall not be final until approved by the board of county commis- sioners of the county in which the disorganized school dis- trict is situated ; and provided further, that in any such school districts where the whole number of district electors shall be less than six, and the number of residents of such district over the age of five years and under the age of twenty-one years shall be less than five, the county superintendent shall act without petition, when so directed by the board of county commissioners of such county. (Laws 1901, ch. 307, sec. 3.) SEC. 239. County Superintendent May Attach. [7421.] The county superintendent may attach the territory of any school district disorganized under the provisions of this act to any adjacent school district or school districts, but such attach- ment shall not become effective until approved by the board of county commissioners. (Laws 1901, ch. 307, sec. 4.) NOTE. See section 33 of this book for disposition of bonded indebted- ness of disorganized school districts. SEC. 240. Floating Indebtedness. [7423.] That if any school district so disorganized shall at the time of its disorgani- zation have a floating indebtedness consisting of outstanding school orders, it shall be the duty of the county commissioners of the county, on information furnished by the county superin- tendent, to provide for the payment of such outstanding in- 78. See section 241 of this book. 90 COUNTY SUPERINTENDENT. [CH. 9 debtedness by making a levy of taxes therefor upon all the real and personal property in the territory of the disorganized school district, which tax shall be entered by the clerk of the county on the tax-roll the same as other taxes ; provided, that no such levy shall exceed ten mills 79 on the dollar of the as- sessed valuation in any one year. (Laws 1901, ch. 307, sec. 6.) SEC. 241. Orders Paid by County Treasurer. [7424.] That the county treasurer shall pay all school orders mentioned in the preceding section out of any fund collected from the school taxes created by the special levy provided for in section 6 of this act; 80 provided, that no such school order shall be paid unless accompanied by an order from the county superin- tendent directing its payment. (Laws 1901, ch. 307, sec. 7.) SEC. 242. Disposition of Funds. [7425.] If at the time of the disorganization of any school district as herein provided for such district shall have in the hands of its treasurer or of the county treasurer of the county moneys belonging to it, or any unpaid taxes levied for the payment of its indebtedness, bonded or floating, such money shall be first applied to its indebtedness, floating or bonded; and if any money remain thereafter, then such money shall be distributed among the school districts to which such territory shall be attached, in such manner and amount as shall be directed by the county superintendent, who shall include in the order for the disor- ganization of such district an order for the distribution of its moneys as herein provided. (Laws 1901, ch. 307, sec. 8.) SEC. 243. Disposition of Property. [7426.] The buildings and other property which may belong to any school district which may be hereafter disorganized shall be sold by the county superintendent to the highest bidder for cash in hand, after haying given thirty days' public notice thereof by pub- lication in a newspaper published in said county and by post- ing not less than five written or printed notices in conspicuous places in said district. The proceeds of said sale shall be de- posited with the county treasurer of said county and shall be applied to the payment of debts of said school district, giving the preference to floating debts, if there be any. If there be no debts, or if there be any proceeds left after the payment of debts, said proceeds shall be turned into the county school fund for the use and benefit of the school district to which said disorganized territory is attached; provided, that the school district to which said territory is attached may bid for and purchase said property and pay for same out of general fund. (Laws 1901, ch. 307, sec. 9.) SEC. 244. Territory Not Liable. [7427.] The territory of 79. Two and one-half mills. Changed by Laws 1909, ch. 245, sec. 25 (section 474 of this book). 80. Section 240 of this book. CH. 9] COUNTY SUPERINTENDENT. 91 any school district so disorganized shall not be liable for any debt, floating or bonded, or any contract of any district to which it may be attached existing at the time of such attach- ment. (Laws 1901, ch. 307, sec. 10.) SEC. 245. Annexation of School Districts. [7440.] When- ever any school district within this state shall fail or neglect to maintain a school for at least three months in one year, for a consecutive term of three years, such school district shall be annexed to adjoining districts; provided, that this act shall not aply to districts that have made proper levies for the tuition and transportation of its pupils to other schools. (Laws 1909, ch. 206, sec. 1.) SEC. 246. Division of Districts Annexed. [7441.] For the purpose of carrying out this act it shall be the duty of the county superintendent to divide such districts in such a man- ner as to equalize as nearly as practicable the territory in area and taxable property. (Laws 1909, ch. 206, sec. 2.) SEC. 247. Other Duties; Deputy. [7394.] He shall dis- charge such other duties as may be prescribed by law, and in case of sickness or temporary absence he may employ a deputy. He shall deliver to his successor, within ten days after the ex- piration of his term of office, all books and papers appertain- ing to his office. (Laws 1881, ch. 152, sec. 14.) SEC. 248. Neglect or Refusal to Perform Duty. [7395.] Every county superintendent who shall neglect or refuse to perform any act which it is his duty to perform, or shall cor- ruptly or oppressively perform any such duty, he shall forfeit his office, and shall be liable on his official bond for all dam- ages occasioned thereby, to be recovered in the name of the state for the benefit of the proper party, district, or county. (Laws 1881, ch. 152, sec. 15.) SEC. 249. Agent of State Orphans' Home. 81 [8526.] The superintendents of public instruction in the several counties of the state are hereby designated as the agents of the Soldiers' 82 Orphans' Home in their respective counties. It shall be the duty of said agents to visit the children who are placed in homes in their respective counties twice each year, and at such other times as the superintendent of the home may request; and they shall make written reports of the condition of each child visited, upon blanks to be provided by the board of trustees for that purpose, and forward the same to the super- intendent of the home, who shall record and file the same in a proper manner. Said agents shall receive, as full compensation for the services performed under the provisions of this act, 81. This section is probably repealed by implication by the following laws: Sections 44, 45 and 46, chapter 353, Laws of 1901; section 6,* chap- ter 482, Laws of 1903; section 13, chapter 475, Laws of 1905. 82. The name was changed to "State Orphans' Home" in 1909. 92 COUNTY SUPERINTENDENT. [CH. 9 their actual necessary offkial expenses, together with the sum of three dollars, in full for all services and report of each case visited, but not exceeding three dollars for any day's services. All accounts for such services shall be rendered to the super- intendent of said home, and shall be verified, audited and paid in the same manner as other accounts against said home are paid. (Laws 1889, ch. 236, sec. 6.) SEC. 250. Unlawful for County Superintendent to Purchase School Lands. [7671.] It shall be unlawful for the county superintendent appointing the appraisers, or the persons ap- praising the lands, to purchase, either directly or indirectly, any portion of the lands appraised by them. (Laws 1876, ch. 122, art. 14, sec. 18.) SEC. 251. Trespassers on School Lands. [7679.] It shall be the duty of the county superintendent of public instruction, the district directors, clerks and treasurers, and all sheriffs and constables, to take notice of all trespasses committed on school- lands in their respective counties, and immediately file a com- plaint against any person violating this act, before the proper authorities. (Laws 1876, ch. 122, art. 14, sec. 30.) CH. 10] SCHOOL DISTRICTS. CHAPTER X. DISTRICTS. ARTICLE I. SCHOOL DISTRICTS. 270. Restrictions on the formation of new districts. 271. Appropriation. 272. Auditor to draw warrants. 273. Pupils sent to adjacent districts; compensation. 274. District may send children to other schools; expenses. 275. May send children to more con- venient school; privilege of prop- erty owner. 276. Compensation for conveyance of pupils. 277. District board may provide trans- portation. 278. Schoolhouse site may be changed. 279. Value of schoolhouse, how deter- mined. 280. Schoolhouse site may be condemned, when and how. 281. Schoolhouse site acquired from school lands. 282. Territory annexed to city by ex- tension of limits. 283. Duty of county superintendent. 284. Appeal to commissioners. 252. Shall be deemed organized, when. 253. Shall be a body corporate. 254. Joint districts, how formed. 255. Joint-district fund. 256. Annual meeting, when held; notice: special meetings. 257. When business of annual meeting may be transacted at special meet- ing; when and how called. 258. Notice of district meetings. 259. Who may vote at district meetings. 260. How to proceed when a voter is challenged. 261. Powers of district meetings. 262. Limitation of levy. 263. District meetings may determine length of school term, etc.; when board may determine the same. 264. Minimum term. 265. State and county aid. 266. Duties of county superintendent and county commissioners. 267. Duties of county superintendent, state superintendent and state treasurer. 268. Amount apportioned to each district. 269. County superintendent to provide school, when ; penalty. SECTION 252. When Organized. [7396.] Every school dis- trict shall be deemed duly organized when the officers constitut- ing the district board shall have been elected and qualified, and shall have signified their acceptance to the county superin- tendent in writing, which the superintendent shall file in his office. 83 (Laws 1876, ch. 122, art. 3, sec. 1.) SEC. 253. Body Corporate. [7397.] Every school district organized in pursuance of this act shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of school district No. - (such a number as may be designated by the county super- intendent) , county (the name of the county in which the district is situated), state of Kansas, and in that name may sue and be sued, and be capable of contracting and being con- tracted with, and holding such real and personal estate as it may come into possession of by will or otherwise, or as is authorized to be purchased by the provisions of this act. (Laws 1876, ch. 122, art. 3, sec. 2.) SEC. 254. Joint Districts. [7398.] When it shall become necessary to form a school district lying partly in two or more counties, the county superintendents of the counties in which the said tract of country shall be situated, when applica- tion shall be made in writing to any one of them by five house- 83. Officers elected at the first district meeting hold only until the next annual election. 94 SCHOOL DISTRICTS. [CH. 10 holders resident therein, shall, if by them deemed necessary, meet and proceed to lay off and form the same into a school district, issue notices for the first district meeting, and shall file the proper papers in their respective offices ; and such dis- trict so organized shall be designated joint district No. , counties of ; and the boundaries of such district shall not be altered except by the joint action of the superintendents of the several counties represented in said district; 84 provided, that if in the alteration of or refusal to alter the boundaries of any joint school district, any person or persons shall feel ag- grieved, such person or persons may appeal to the state super- intendent of public instruction, 84 and notice of such appeal shall be served on the superintendents of the several counties represented in said district within ten days after the rendition by them of the decision appealed from, which notice shall be in writing, and shall state fully the objections to the action of the county superintendent, and a copy thereof shall be filed with the state superintendent of public instruction; and it shall be the duty of the county superintendent in whose pos- session are the papers connected with the action appealed from to transmit the same to the state superintendent of public in- struction, immediately upon being served with notice of appeal, as hereinbefore presented ; and thereupon the state superintend- ent of public instruction shall fix a time for the hearing of said appeal, and notify the several county superintendents in- terested, and the appellants, thereof; and his decision on said appeal shall be final, and shall be by him certified to the several county superintendents interested, and they shall take action in accordance therewith; and provided further, that each joint district, except in matters relating to the alteration of the boundaries thereof, shall be under the jurisdiction and control of the superintendent of that one of the counties represented in such district which has the largest amount of territory em- braced within the boundaries of such joint district. (Laws 1879, ch. 158, sec. 1.) SEC. 255. Joint-district Fund. [7399.] Whenever it shall appear that any school district in this state lies or is in two or more counties it shall be the duty of the treasurer of the county or counties having the smaller amount of territory in said district to transfer to the treasurer of the county having the greater amount of territory of said district, before the 10th day of January, 1st day of July and 20th day of September of each year, all moneys in his hands belonging to said dis- 84. Division of Joint District. A joint district can not be divided on the county line, thus forming two districts, one in each county. Such action would involve the disorganization of a joint school district, which a county superintendent is not authorized to do, except in special cases provided for by law. There is no appeal in the formation or refusal to form a joint district CH. 10] SCHOOL DISTRICTS. 95 trict, including all money for the payment of bonds or inter- est on bonds of said district; and the treasurer receiving said money shall issue therefor and forward to the treasurer so sending the money receipts in triplicate, one of which said treasurer shall file with the county clerk of the county, and the board of county commissioners thereof shall give said treasurer proper credit therefor. One of said receipts shall be sent to the county clerk of the county to which the money was sent, who shall charge the county treasurer with the amount thereof. (Laws 1889, ch. 226, sec. 1.) SEC. 256. Anmial and Special Meetings. [Laws 1911, ch. 283, sec. 1.] That an annual school meeting of each school dis- trict, of each consolidated school district, of each union or graded school district, and of each school district for which the date of the annual meeting has been fixed by a special act of the legislature, shall be held on the second Friday in April in each year, at two o'clock P. M. Notice of the time and place of said annual meeting shall be given by the clerk by posting written or printed notices in three public places within the district at least ten days before said meeting. 85 Special meet- ings may be called by the district board or upon a petition signed by ten legal voters of the district, but notice of such special meeting, stating the purpose for which it is called, shall be posted in at least three public places within such dis- trict ten days previous to the time of such meeting ; provided, that the annual school meeting for union or graded school districts comprising the territory of two or more school dis- tricts shall be held at two o'clock P. M. on the Thursday im- mediately preceding the second Friday in April in each year. SEC. 257. Special Meetings. [7403.] Whenever the time for holding an annual meeting in any district shall pass with- out said meeting being held, the clerk, or, in his absence, any other member of the district board, within twenty days after the time for holding said annual meeting shall have passed, may give notice of a special meeting, by putting up written notices 86 thereof in three public places within the district, at least five days previous to the time of meeting; but if such meeting shall not be notified within twenty days as afore- said, the county superintendent may give notice of such meet- ing in the manner provided for forming new districts; and the officers chosen at such special meeting shall hold their offices until the next annual meeting, and until their succes- sors are elected and qualified. (Laws 1876, ch. 122, art. 3, sec. 7.) 85. A failure on the part of the district clerk to post the notices of the time and place of the annual meeting will not invalidate the proceed- ings of said meeting. 86. Notices of special meetings must be posted as required by law. A failure to so post them will invalidate the action of the meeting. 96 SCHOOL DISTRICTS. [CH. 10 SEC. 258. Notice of Meetings. [7404.] It shall be the duty of the clerk to give at least ten days' notice previous to any annual or special district meeting, by posting up notices thereof at three or more public places in the district, one of which notices shall be affixed to the outer door of the school- house, if there be one in the district, and said clerk shall give the like notice of every adjourned meeting, when such meeting shall have been adjourned for a longer period than one month. Every notice for a special district meeting shall specify the objects for which such meeting is called, and no business shall be acted upon at any special meeting not speci- fied in said notice. (Laws 1876, ch. 122, art. 3, sec. 8.) SEC. 259. Qualified Voters. [7405.] The following persons shall be entitled to vote at any district meeting: (1) All per- sons possessing the qualifications of electors as defined by the constitution of the state, and who shall have been in good faith residents of the district for thirty 87 days next prior to the time of offering to vote at said election. (2) All female per- sons over the age of twenty-one years, not subject to the dis- qualifications named in section 2, 88 article 5, of the constitu- tion of the state, and who shall be residents in good faith in the district for thirty days next prior to the time of offering to vote at said election. 89 (Laws 1889, ch. 123, sec. 1.) SEC. 260. Challenge. [7406.] If any person offering to vote at a school-district meeting shall be challenged as un- qualified by any legal voter, the chairman presiding shall de- clare to the person challenged the qualifications of a voter, and if such challenge be not withdrawn, the chairman, who is hereby authorized, shall tender to the person offering to vote the following oath or affirmation: "You do solemnly swear (or affirm) that you are an actual resident of this school dis- trict, and that you are qualified by law to vote at this meeting." Any person taking such oath or affirmation shall be entitled to vote on all questions voted upon at such meeting. (Laws 1876, ch. 122, art. 3, sec. 10.) SEC. 261. Powers of District Meeting. [7407.] The inhab- itants qualified to vote at a school meeting lawfully assembled shall have power: First, to appoint a chairman to preside 87. Voters who have come into a district by reason of attachment of territory to said district, by disorganization of said voters' original dis- trict by any legal process, retain all rights of suffrage at school elections and meetings, regardless of the thirty-day restriction. 88. See section 171, General Statutes of 1909. 89. Naturalization. A woman of foreign birth who is the wife of a naturalized foreigner, but who has not herself taken out naturalization papers, is entitled to vote at any school-district meeting, provided she possesses the other necessary qualifications. The naturalization of the husband naturalizes the wife and all children who are under the age of twenty-one years. CH. 10] SCHOOL DISTRICTS. 97 over said meeting in the absence of the director; second, to adjourn from time to time; 90 third, to choose a director, clerk and treasurer, who shall possess the qualifications of voters; fourth, to designate by vote a site for a district schoolhouse; fifth, to vote a sum annually, not exceeding the limit fixed by law, 91 as the meeting shall deem sufficient, for the various school purposes 92 and for the payment of any floating indebt- edness of the district, and distribute the amount as the meet- ing shall deem proper in the payment of teachers' wages and to purchase or lease a site (provided, when not included within the limits of a town or village, said site shall not con- tain less than one acre), and to build, hire or purchase such schoolhouse, 93 and to keep in repair and furnish the same with the necessary fuel and appendages, and to pay any floating indebtedness of the school district; sixth, to authorize and direct the sale of any schoolhouse, site or other property belonging to the district when the same shall not longer be needful for the use of the district ; seventh, to give such direc- tion and make such provision as may be deemed necessary in relation to prosecution or defense of any suit or proceedings in which the district may be a party. (Laws 1909, ch. 214, sec. 1.) SEC. 262. Limitation of Levy. [9417.] The authority of the qualified voters of any school district at the annual meet- ing, as provided in chapter 318, Laws of 1907, to vote a tax for general school purposes is hereby limited to the extent that no tax shall be voted for such purpose at any such meet- ing which shall be in excess of three and one-half mills 91 upon the dollar of all the taxable property of any such school dis- trict; 94 provided, that in no event shall any school district levy any greater tax than is reasonably necessary for the ensuing school year. 9n (Laws 1909, ch. 245, sec. 1.) SEC. 263. School Term. [7408.] The qualified voters at 90. Adjournment. A district meeting has the right to adjourn from time to time, and if an adjournment is taken to a particular time, any business can be transacted at this adjourned session that might have been transacted at the regular meeting. No additional notice is necessary, unless the meeting shall have been adjourned for a longer period than one month. (See sec. 258.) 91. Limited to four and one-half mills, Laws 1911, ch. 268, sec. 2 (see sections 265, 268 and 341 of this book). For means of increasing this amount, see Laws 1909, ch: 245, sec. 27 (section 476 of this book). The levy must be made in money and not in mills. 92. More than one school may be established within a school district. 93. A tax may also be levied for the purpose of purchasing a district library. (See section 479 of this book.) 94. See section 476 for authority to increase the levy above 3V 2 mills. 95. The school district meeting is the judge as to the tax that is rea- sonably necessary, and not the county clerk or the county commissioners. -4 98 SCHOOL DISTRICTS. [CH. 10 each annual meeting, or any special meeting duly called, may determine the length of time a school shall be taught in their district for the ensuing year, which shall not be less than three months, and whether the school money to which the district may be entitled shall be applied to the support of the summer or winter term of school or a certain portion of each; but if such matters shall not be determined at the annual or any special meeting, it shall be the duty of the district board to determine the same. 96 (Laws 1903, ch. 436, sec. 1.) SEC. 264. Minimum Term. [Laws 1911, ch. 268, sec. 1.] That all school districts in which provision is not made for the free tuition and comfortable transportation of all pupils to a public school in some other school district or districts for not less than seven months each school year shall maintain a public school for a period of not less than seven months be- tween the 1st day of September and the 1st day of the fol- lowing June. Cities of the first and second class shall main- tain not less than eight months of school each school year. SEC. 265. State and County Aid. [Laws 1911, ch. 268, sec. 2.] That for the purpose of providing at least seven months of school each year for all the youth of this state, whose parents or guardians live in public-school districts the funds of which are not sufficient to maintain school for seven months, there shall be paid to each such district by the state, as here- inafter provided, three-fourths of the difference between the amount necessary to maintain seven months' school and the an- nual income of the district from all sources, and the remaining deficiency to the amount of one- fourth shall be a proper charge upon the county and paid as other county expenditures; pro- vided, that no aid shall be given any public-school district unless said district shall have voted an amount of money repre- senting not less than four and one-half mills of the assessed valuation of such district; and provided further, that all dis- tricts receiving aid under the provisions of this act shall follow the course of study as prescribed by the State Board of Ed- ucation and shall employ a qualified teacher recommended by the county superintendent. SEC. 266. Duties of County Superintendent and County Commissioners. [Laws 1911, ch. 268, sec. 3.] That it shall be the duty of the superintendent of each county within the state on or before August 1st of each year, under oath, to certify to the county clerk an estimated amount that will be due the several school districts under the provisions of this act from the county (and it shall then be the duty of the commissioners to provide a levy sufficient to raise the amount required for 96. The electors, at the annual or a special meeting, have no power to determine who shall or who shall not be employed as teacher, or the compensation such teacher shall receive. These are questions to be deter- mined by the district board. CH. 10] SCHOOL DISTRICTS. 99 the current school year) ; provided, that such estimate shall include a statement as to each district concerned as to valua- tion, area, school census and proposed total expenditures for teacher and incidental expenses. SEC. 267. Duties of County Superintendent, State Superin- tendent and State Treasurer. [Laws 1911, ch. 268, sec. 4.] That it shall be the duty of the superintendent of each county within the state, on or before the second Monday in January of each year, under oath, to certify to the county treasurer the total amount due each district from the state and from the county, and also to certify to the state superintendent of public instruction the number of each school district in his county entitled to state and county aid under the provisions of this act, the tax levy for each, the expenditures of each, the amount due each from the state, the area, the school census, and such other items as the state superintendent may require. It shall be the duty of the state superintendent, on or before the last Monday in March of each year, to certify the amount of state aid due the several districts under the provisions of this act to the several county treasurers, and the amount due each county to the state auditor, and the state auditor shall draw warrants on the state treasurer in favor of the various counties for the sums specified by the state superintendent. The state treasurer shall remit said amount to the county treasurers of the several counties entitled to the same, who shall place the amounts to the credit of the proper districts of their respective counties in accordance with the instruction of the state superintendent and as certified by the county su- perintendent ; provided, that at the same time the several amounts due from the county to said districts shall be placed to the credit of such districts. SEC. 268. Amount Apportioned to Each District. [Laws 1911, ch. 268, sec. 5.] That to determine the amount to be apportioned to each district, the county superintendents shall find the estimated expenditures of the district for the current year and subtract therefrom the estimated income of that dis- trict from all sources for the current year. The estimated in- come for the current year shall be the sum of all moneys be- longing to the district on hand in the district and county treasuries, plus the amount which a levy of a four and one-half mills tax upon the assessed value of the district will raise, plus the estimated apportionment of state and county funds, as now provided by law. The estimated expenditures for the current year shall be the amount necessary to provide for a teacher, fuel and incidentals, and to maintain school for seven months ; and shall not exceed the sum of $450 for any one year to schools receiving such state and county aid. SEC. 269. County Superintendent to Provide a School, When; Penalty. [Laws 1911, ch. 268, sec. 6.] That upon the 100 SCHOOL DISTRICTS. [CH. 10 failure of any school district to carry out the provisions of section 1 of this act the county superintendent shall make the required tax levy and certify the same to the county clerk and proceed to carry out said provisions; and after September 1, the school district neglecting to act, he shall employ a teacher and make all necessary provisions for a seven months' term of school, and the district treasurer shall pay such itemized ex- penses as are certified to by the county superintendent. The county superintendent shall be liable under section 7395 of the General Statutes of 1909 for neglect or refusal to perform his duties as provided in this act. SEC. 270. Restrictions on the Formation of New Districts. [Laws 1911, ch. 268, sec. 7.] That new districts shall not be formed with an assessed valuation of less than $100,000, and territory shall not be detached from any school district the as- sessed valuation of property of which is less than $100,000, or the valuation of property of which would thereby be reduced below $100,000. SEC. 271. Appropriation. [Laws 1913, ch. 50, sec. 1.] That for the purpose of carrying out the provisions of chapter 268 of the Session Laws of 1911, providing for state aid to certain school districts, there is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of forty thousand dollars for the fiscal year ending June 30, 1914, and the sum of forty thousand dollars for the fiscal year ending June 30, 1915 ; provided, that if the amount so appropriated is not sufficient to pay the full sum to which each district is entitled under the provisions of said chapter 268, Session Laws of 1911, it shall be divided pro rata among the several districts in proportion to the amount asked for by the county superintendent ; provided further, that the one- fourth to be paid by the county shall if insufficient be prorated among the districts entitled to such aid. SEC. 272. Auditor to Draw Warrants. [Laws 1913, ch. 50, sec. 2.] The auditor of state is hereby authorized and directed to draw his warrants upon the treasurer of state for the purpose of carrying out the provisions of chapter 268, Session Laws of 1911, and in accordance with the provisions thereof. SEC. 273. School Discontinued; Pupils Sent to Adjacent Dis- tricts; Compensation. [Laws 1911, ch. 268, sec. 9.] That the provisions of this act shall not apply to districts having an enumeration of less than fifteen children of school age, unless said districts embrace an area of twelve square miles or more ; provided, that whenever the number of children of school age in any school district having an area of less than twelve square miles shall be found to be less than fifteen by the annual school census no school shall be maintained in such school district dur- ing the following year (unless such a district by reason of its CH. 10] SCHOOL DISTRICTS. V : : 101 ' j ' ' '- * '. - ; ' J ' ' > j " ' > valuation is able to maintain a seven months' school without state or county aid) , and the district board of such district shall make provision for sending, for a period of not less than seven months, the pupils of such school district to such school or schools in an adjacent district or districts as said district board may determine; provided, that there is a school in an adjacent district to which said district may send the pupils. As full com- pensation for the tuition of said pupils the treasurer of the district from which said pupils are sent shall pay, in the manner prescribed by law, to the treasurer of the district or to the board of education of the school to which said pupils are sent an amount not to exceed the average cost per pupil per week for maintaining the school, exclusive of school buildings, school site and permanent improvements ; provided further, that the dis- trict board of the district in which school is discontinued shall provide for the transportation of the pupils of said district, liv- ing two miles or more from the school to which said pupils are sent, to such school or schools in a safe and comfortable and enclosed conveyance or conveyances, properly heated, and the expense of such transportation shall be paid by the school dis- trict in which school has been discontinued; provided further, that when any school district within the provisions of this act, having voted an amount of money representing not less than four and one-half mills of the assessed valuation of such district, finds its funds insufficient to pay the tuition and cost of trans- portation as herein provided, the state shall pay to said district schools three-fourths of the difference between the amount raised by said district from all sources for school purposes and the cost of tuition and transportation of pupils therein, and the county shall pay from the general fund one-fourth of said difference ; provided, that not more than seventy-five dol- lars shall be given to any district whose school has been dis- continued according to the provisions of this act ; and provided further, that pupils attending school in another school district under the provisions of this act shall have the same legal rights, including the right of admission, and be under the same jurisdiction as the pupils residing in the school district in which the school is conducted; provided, that such admission shall not involve the addition of a school building or school buildings, or the employment of an additional teacher; pro- vided, that any district having an area of less than twelve square miles and a school population of less than fifteen may maintain its school for not less than seven months each year, and such district shall not receive state and county aid in ex- cess of fifty dollars. SEC. 274. District May Send Children to Other Schools; Ex- penses. [7412.] In any school district, if in the judgment of the district board, the county superintendent concurring, the number of children in said district and the distance of same 102 j SCHOOL DISTRICTS. [CH. 10 from the schoolhouse would not warrant the continuance of the school in said district, it shall then be lawful for the district, at its annual or special meeting called for the purpose hereinafter stated, and called in accordance with the law providing for special meetings in school districts, to make provision for the sending of the children of such district to such other school or schools as may seem in their judgment best, and for such pur- pose the school board is authorized to issue the warrants of said district in payment of expenses and tuition of such children; provided, such expense and tuition shall not exceed ten dollars per month for each child nor forty-five dollars in any one month for all of said children that may be sent to other schools ; and provided further, that such discontinuance of the school in said district shall not bar the district from its share of the state school fund, if said children are continued in the school or schools of other districts the full time required by law for the maintenance of school in the districts. (Laws 1905, ch. 386, sec. 1.) SEC. 275. May Send Children to' More Convenient School; Privilege of Property Owner. [7413.] If in any school district there are children for whom it will be more convenient, by reason of distance from the school of the district where they live, to attend school in another district, the annual school meeting may make an order sending such children to the school of some other convenient district, 97 and the school board is hereby authorized to issue the warrants of the district in pay- ment of the extra expense and tuition of such children; pro- vided, that not exceeding four dollars per month shall be paid for each child; provided further, that the children of any property-owner owning land in any adjoining school district, other than in towns and incorporated cities, may have the privilege of attending school in such adjoining district with- out extra expense and tuition, when such school is more con- venient by reason of distance from the school of the district in which they live. 98 (Laws 1907, ch. 321, sec. 2.) SEC. 276. Compensation for Conveyance of Pupils. [7429.] That in any school district where there are pupils living not less than two miles and not more than three miles from the schoolhouse the school board of such dstrict may, and where there are pupils living three miles or more from the school- house such school board shall, allow to the parent or guardian of such pupils a sum not to exceed fifteen cents per day, for not to exceed one hundred days in each year as compensation 97. It is not mandatory on a school district to receive the pupils ordered to be sent to it in accordance with this provision. 98. The supreme court has decided that this provision is constitutional (See, Evans v. School District No. 46, 81 Kan. 385.) CH. 10] SCHOOL DISTRICTS. 103 for conveying" such pupils to and from the school ; provided, that no such compensation be allowed unless the pupil is actu- ally conveyed to and from the school. (Laws 1907, ch. 327, sec. 1.) SEC. 277. District Board May Provide Transportation. [Laws 1911, ch. 273, sec. 1.] That the district board of any school district may provide for the comfortable transportation of pupils of said school district living two and one-half or more miles from the school attended, by the usual traveled road, in a safe and enclosed conveyance or conveyances, properly heated, and said district board is authorized to establish such rules and regulations as may be necessary for carrying out the provisions of this act. SEC. 278. Change of Site. 1 [7409.] That school districts having schoolhouses the value of which is not less than $400, the schoolhouse site shall not be changed except by a vote of at least two-thirds of the legal voters of such district in favor of such change ; and in districts where the value of the school- house is less than $400, the schoolhouse site shall not be changed except by a vote of a majority of the legal voters of the district in favor of such change. (Laws 1903, ch. 428, sec. 1.) SEC. 279. Appraisement. [7410.] The value of school- houses in districts desiring to change the schoolhouse site shall be determined by three appraisers appointed by the county commissioners. (Laws 1903, ch. 428, sec. 2.) SEC. 280. Site Condemned. 101 [7411.] In case any school district or the board of education of any city of the second class can not by purchase at reasonable rates, or by donation or otherwise, obtain title to the site selected by such school district ; or if it be deemed advisable by such school district or by the district board to add other ground to any schoolhouse site already selected; or if, in good faith, but by mistake or otherwise, a schoolhouse has been or shall be erected wholly or partially upon any land or lot to which said school district at the time of the erection of such school building, or any addition thereto, had not acquired title, then, and in any such cases, upon the written application of the district board of such school district, or a majority of the board, it shall be the duty of the probate judge of the county in which such school district is situated to appoint three disinterested freeholders of such county, and not residents of such school district, to 99. The law means "not to exceed fifteen cents per day" for each con- veyance, regardless of the number of pupils conveyed. The district board must allow a reasonable amount, and usually fifteen cents is reasonable. 100. The vote to locate the school site after it has been changed re- quires only a majority of those voting on the proposition. 101. See sections 100 to 105 of this book. 104 SCHOOL DISTRICTS. [CH. 10 condemn and appraise such site, or addition thereto; and in case such land or lot condemned and appraised shall be an original selection for a schoolhouse site, the amount so con- demned and appraised shall not exceed one and one-half acres ; and if it be for an addition to an existing site, the additional amount condemned and appraised shall not, with the original site, exceed one and one-half acres. Immediately after their appointment, such appraisers shall proceed, and condemn and appraise the value of the site so selected, or the addition to such existing site. And they shall, within ten days thereafter, make and sign a report describing the land or lot so con- demned, the purpose for which it was so condemned, and the appraised value thereof, which report shall be by them filed in the office of the register of deeds of the county in which such land or lot is situated, and by such register duly recorded, as other instruments of writing affecting the title to real estate are recorded. In appraising any schoolhouse site, or addition thereto, to which such school district had not title at the time of erecting any schoolhouse, or addition thereto, thereon, said appraisers shall exclude from their appraisement the value of such schoolhouse, or addition, and appraise such land or lot at its value, exclusive of such building, addition or other improvement placed thereon in good faith, but by mis- take of said school district or said school-district board. Within thirty days after the report of said appraisers is filed in the office of the register of deeds, the district board of such school district shall pay to the county treasurer of the county in which such condemned land or lot is situate, for the use of the owner of such lands or lot, the amount of the appraised value thereof, and also fifty cents for said register of deeds for recording said report. And upon such payment being made to such county treasurer by such district board, the title to such site or addition thereto shall vest in such school dis- trict. Either party, the owner of the land or lot condemned or the school district, may appeal from such appraisement to the district court, in the same time and manner that appeals are taken from the judgments of justices of the peace in civil actions. (Laws 1885, ch. 174, sec. 1.) SEC. 281. Schoolhouse Site Acquired from School Lands. [7653.] Any school district shall be entitled to purchase and acquire for schoolhouse site not exceeding two acres of any school lands situated in such district, but such tract shall be situated on one of the boundary lines of the section or cross- center lines thereof. The price to be paid for such land by the said school district shall be two dollars an acre, and upon presentation to the county clerk of a petition signed by a ma- jority of the legal voters of ,the school district, and the pay- ment of the purchase price to the county treasurer, the county clerk shall issue the said school district a certificate of pur- chase. Upon the presentation of said certificate of purchase CH. 10] SCHOOL DISTRICTS. 105 to the auditor of state he shall cause to be issued a patent for said land, but said certificate of purchase and said patent shall recite that upon the failure of said school district to use said land for school purposes the title thereof shall be for- feited and revert to the state of Kansas. (Laws 1909, ch. 218, sec. 8.) SEC. 282. Territory Annexed to City. [7762.] When all the territory of a school district shall become annexed to a city of the first or second class by the extension of the bound- aries of the city, all the school property, including moneys on hand and due to said district, together with all records and papers belonging to said district board, shall be transferred to, and the title vested in, the board of education of such city, and said board of education shall assume and be held respon- sible for the legitimate floating and bonded indebtedness of such annexed district. (Laws 1893, ch. 128, sec. 1.) SEC. 283. Duty of County Superintendent. [7763.] When, by the extension of the limits of any city of the first or second class, a part of the territory of an adjacent district is annexed to such city, it shall be the duty of the county superintendent to determine the present value of all the school property of such district, also all moneys due to or in the hands of the district treasurer, and to equitably apportion the amount due the district board, or board of education, as the case may be. The amount due to the district board or board of education of such city, when ascertained by the county superintendent, shall be levied upon the taxable property of that district or corporation found to be in debt, and shall be collected in the same manner as if the same had been authorized by the vote of the district board or by the board of education of such city, and when collected it shall be paid to the treasurer of that district or board of education to which it is due. The board of education, or the district board retaining the schoolhouse, shall assume the bonded indebtedness incurred in building and furnishing such schoolhouse. All unadjusted claims of city and school districts arising from such annexation previous to the passage of this act shall be adjusted in accordance with provisions of this section. (Laws 1893, ch. 128, sec. 2.) SEC. 284. Appeal. [7764.] If, in the adjustment of school property where a part of a school district has been annexed to a city of the first or second class, any person or persons shall feel aggrieved by the decision rendered by the county superin- tendent, an appeal may be taken to the board of county com- missioners; but a notice of such appeal must be served upon the county superintendent in writing within ten days after the rendition of his decision in adjusting the rights of the school district and the city school district. Such notice shall state fully the objections to the action of the county superintendent, a copy of which shall be filed with the county clerk, and also 106 DISTRICT SCHOOLS. [CH. 10 with the clerk of the district, or with the secretary of the board of education, as the case may be, affected by such decision. Such appeal shall be heard and decided by a majority of the board of county commissioners at their next regular meeting, and their decision shall be final. (Laws 1893, ch. 128, sec. 3.) ARTICLE IL DISTRICT SCHOOLS. 285. 286. 287. 288, 289. 290. 291. 292. 293. 294. Branches taught ; instruction in English language. Course of study for common schools. Major subjects. Assistants to state board. When course shall be ready. Distribution. Act does not apply to cities. School districts shall use. Appropriation. Common school diplomas. 295. Average grade and subjects required. 296. Examinations; expenses. 297. Questions prepared by state board. 298. Examinations uniform. 299. School month. 300. Free schools. 301. Penalty. 302. Contagious disease. 303. Contagious disease; duty of parents. 304. Tuition fee. SECTION 285. Branches Taught. [7478.] That in each and every school district shall be taught orthography, reading, writing, English grammar, geography, arithmetic, history of the United States, and history of the state of Kansas, and such other branches as may be determined by the district board; 102 provided, that the instruction given shall be in the English language. (Laws 1903, ch. 435, sec. 1.) SEC. 286. Course of Study for Common Schools. [Laws 1913, ch. 272, sec. 1.] It shall be the duty of the State Board of Education, sitting in extra session with such assistants as shall hereinafter be provided, to prepare a course of study for the common schools of the state, of Kansas, below the high- school grades, which course of study shall be so arranged that no pupil of the common schools shall be required to study, pre- pare or recite recitations in more than six of the subjects com- prising the curriculum of the common schools during any school term, a school term to consist of one-half of a school year, the said course of study shall be based entirely upon the texts duly adopted by the State School Book Commission and shall require the use of said adopted texts in those grades cor- responding to the grade of the adopted text. SEC. 287. Major Subjects. [Laws 1913, ch. 272, sec. 2.] For the purposes of this act, certain subjects shall be desig- nated as major subjects as hereinafter stated and the pupils of each grade shall prepare, study and recite in all of the major subjects designated for that grade, and such other sub- jects as shall be required for each and every grade as pro- vided for by the course of study which shall be prepared in pursuance with the provisions of this act. Arithmetic shall be made a major subject for six years; reading, spelling and writing for six years; grammar for three years; agriculture 102. Instruction must also be given in physiology and hygiene with special reference to the effects of alcoholic stimulants and narcotics. (See section 85 of this book.) CH. 10] DISTRICT SCHOOLS. 107 for one year ; elementary physiology and hygiene for one year ; United States history one year and civics one term. SEC. 288. Assistants to State Board. [Laws 1913, ch. 272, sec. 3.] It shall be the duty of the governor to appoint upon the recommendation of the state superintendent of public in- struction assistants to the State Board of Education for the purpose of helping in the preparation of the course of study for the common schools as provided for in this act as follows : two county superintendents of public instruction, and two other persons thoroughly acquainted with the work and the needs of the rural schools, and each of such assistants shall receive as compensation a sum of three dollars ($3.00) per day for a period of not to exceed fifteen days and the actual expenses, excepting the county superintendents of public in- struction who shall receive their actual expenses while en- gaged in the work hereinbefore mentioned. SEC. 289. When Course Shall be Ready. [Laws 1913, ch. 272, sec. 4.] The State Board of Education shall meet to com- mence the work of preparing the course of study as provided for in this act on the first Monday in April, A. D. 1913, and shall continue work on the same as convenient; provided, that the completed course of study shall be ready and in the hands of the state printer on or before the first day of June, A. D. 1913. SEC. 290. Distribution. [Laws 1913, ch. 272, sec. 5.] The state printer shall print and have ready for distribution by August 1st, ten thousand copies of the course of study as here- inbefore provided for, which the state superintendent shall thereupon immediately distribute to county superintendents, who shall place a copy in the hands of each teacher in his county as the property of the district. SEC. 291. Act Does Not Apply to Cities. [Laws 1913, ch. 272, sec. 6.] The provisions of this act shall not apply to cities of the first, second or third class. SEC. 292. School Districts Shall Use. [Laws 1913, ch. 272, sec. 7.] Every school district in Kansas for which this course of study is intended, shall use the same as the basis of its school work. SEC. 293. Appropriation. [Laws 1913, ch. 272, sec. 8.] For the purpose of carrying into effect the provisions of this act, the sum of three hundred dollars ($300.00) or such part thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated and the auditor of state is hereby ordered to draw his warrants on the treasurer of state for the pay and expenses of the assist- ants to the State Board of Education herein provided for when the same shall be properly vouched for by the president of the State Board of Education. 108 DISTRICT SCHOOLS. [CH. 10 SEC. 294. Common School Diplomas. [Laws 1913, ch. 271, sec. 1.] Any person who shall complete the course of study, prescribed by the State Board of Education, for rural schools and the grades in schools having two or more teachers, in a satisfactory manner; who shall give evidence of a good moral character; and who shall fulfill the further requirements of this act, shall be granted a common school diploma which shall admit such person to entrance in any high school in the state. SEC. 295. Average Grade and Subjects Required. [Laws 1913, ch. 271, sec. 2.] An average of 80 per cent with no grade below 60 per cent shall be required, for graduation, in the fol- lowing subjects: Reading, writing, spelling, grammar, arith- metic, U. S. history, Kansas history, geography, civil govern- ment, agriculture, physiology and classics; provided, that grades of 80 per cent, or more, may be carried as credits and applied as grades for graduation, for a period of two years; provided, further, that at the option of the county superin- tendent, credit may be given on school work, which shall not exceed 50 per cent in any one subject; and provided, that pupils who have satisfactorily completed the 7th grade in the graded schools, and the 7th and 8th grades in rural schools, may take the examination in subjects that are finished in their respective grades. SEC. 296. Examinations; Expenses. [Laws 1913, ch. 271, sec. 3.] Public examinations shall be conducted by a board of examiners, at the county seat or at places named by the county superintendent on the first and second Saturdays of April in each year. Questions shall be opened in the presence of at least a majority of the members of the board, on the date set for such examination, at the hour specified in a notice, which shall be published by the county superintendent at least ten days before the first Saturday in April. Said county board of examiners shall grade the papers and iss.ue diplomas to successful applicants, and they shall receive pay from the gen- eral funds of the county, as provided by law for examining teachers. Provided further, that the county shall pay any other legitimate expenses incurred in conducting examina- tions, issuing diplomas and holding commencement exercises. SEC. 297. Questions Prepared by State Board. [Laws 1913, ch. 271, sec. 4.] The questions for the examination provided for in this act shall be prepared by the State Board of Edu- cation, and shall be mailed by the state superintendent to the county superintendent, at least ten days before they are to be used. SEC. 298. Examinations Uniform. [Laws 1913, ch. 271, sec. 5.] The examinations provided for in this act shall be uni- form, as to date and subject matter, throughout the state. SEC. 299. School Month. [7479.] A school month shall con- CH. 10] DISTRICT SCHOOLS. 109 sist of four weeks of five days each, of six hours per day (Laws 1876, ch. 122, art. 5, sec. 2.) SEC. 300. Free Schools. [7480.] The district schools estab- lished under the provisions of this act shall at all times be equally free and accessible to all the children resident therein over five and under the age of twenty-one years, subject to such regulations as the district board in each may prescribe (Laws 1876, ch. 122, art. 5,'sec. 3.) SEC. 301. Penalty. [7481.] The members of any district board willfully violating any of the provisions of this article, or refusing the admission of any children into the common schools, shall forfeit to the county the sum of $100 each for every month so offending during which such schools are taught; and all moneys forfeited to the common-school fund of the county under this act shall be expended by the county superintendent for the education of such children in the school district denied such equal educational advantages; provided, that any member of said board who shall protest against the action of his said board in excluding any children from equal educational advantages, or in violating any of the provisions of this article, shall not be subject to the penalty herein named; and provided further, that the provisions of this act shall not apply to cities of the first or second class. (Laws 1877, ch. 170, sec. 2.) SEC. 302. Contagious Disease. [7482.] No pupil infected with any contagious disease shall be allowed to attend any common school, or remain in any schoolroom while so in- fected. (Laws 1876, ch. 122, art. 5, sec. 5.) SEC. 303. Contagious Disease; Duty of Parents. [8079.] No person afflicted with any infectious or contagious disease dangerous to the public health shall be admitted into any public or private school. No parent, guardian, tutor, or other person having charge or control of children, whose residence is infected, with smallpox, cholera, scarlet fever, diphtheria, epidemic cerebro-spinal meningitis, or other infectious or con- tagious disease dangerous to the public health, shall allow or permit them to attend any public or private school during the continuance of such infection, or until the premises have been thoroughly disinfected and all danger from contagion has passed. (Laws 1901, ch. 285, sec. 6.) SEC. 304. Tuition Fee. [7483.] Whenever there be not public money enough belonging to any school district to sup- port a public school the length of time determined at the annual meeting, or at a special meeting duly called, the dis- trict board, to meet said deficiency, may assess a tuition fee upon each scholar attending such school, the assessment to be proportioned to the number of days each pupil has been in actual attendance during the term; provided, that no tuition fee shall be levied upon the scholars in any of the public 110 DISTRICT OFFICERS. [CH. 10 schools of this state, in accordance with the provisions of this act, unless the entire amount of one per cent for teachers' wages, as required by law, be first assessed upon the taxable property of said school district. (Laws 1876, ch. 122, art. 5, sec. 6.) ARTICLE III. DISTRICT OFFICERS. 305. Officers; term of office. 306. Official oath. 307. Forfeiture of office; vacancy, how filled. 308. Duty of directors. 309. Duty of district clerk. 310. Clerk of board and district meetings. 311. Clerk shall draw orders on district treasurer. 312. Clerk's annual report. 313. County treasurers. 314. Treasurer pay no money, when. 315. Clerk of joint district. 316. Penalty for false report. 317. District clerk shall report to county clerk a list of resident taxpayers. 318. Fine for failure to report district tax to county clerk. 319. Report to county superintendent. 320. District and city clerks, and clerks of boards of education, shall re- port bonded indebtedness to county clerk. 321. Fine for not delivering records to successor. 322. District treasurer shall execute bond. 323. Shall pay school moneys, on whose order. 324. Shall receive school moneys from county treasurer, on whose order. 325. District taxes voted but not levied in any year shall be collected with taxes of the year following. 326. District treasurer shall keep account, etc. ; shall report in writing at annual meeting. 327. Procedure, if he does not pay over moneys to his successor. 328. Powers and duties of school-district board; schoolhouse site, etc. 329. Shall have care of property of dis- trict. 330. May open schoolhouse for the use of societies. 331. Water-closets. 332. The board may remove schoolhous* or other improvement, when ; pro- bate judge may appoint ap- praisers to condemn site, etc. 333. May admit non-resident pupils. when. 334. Shall hire qualified teachers; may dismiss teachers for cause. 335. Employment of relatives. 336. Contracts void. 337. Records and reports. 338. Shall provide necessary appendages, when. 339. May suspend a pupil for cause; ap- peal. 340. Shall furnish teachers with daily register; shall visit schools. 341. Taxes; clerk to certify; commis- sioners to levy; limit. 342. Judgments, how* obtained ; the board liable, when. SECTION 305. Officers; Term. [7443.] The officers of each school district shall be a director, clerk, and treasurer, who shall constitute the district board, 103 and who shall be elected and hold their respective offices as follows: At the annual meeting in 1874 there shall be elected a director, who shall hold his office for three years ; a clerk, who shall hold his office for two years; and a treasurer, who shall hold his office for one year ; 104 and thereafter at each annual meeting there shall be elected one member of said board in place of the outgoing member, who shall hold his office for three years, and until his successor shall be elected and qualified. 105 (Laws 1876, ch. 122, art. 4, sec. 1.) 103. The officers of a school district constitute the board of directors in such sense as to be able to transact the school business of the district only when in session as a district board. As the law is silent as to how, when and where the district board shall convene, each board should adopt a set of rules for its own government. 104. The treasurer is elected in 1914, the clerk in 1915, and the direc- tor in 1916. 105. Compensation of District Officers. Neither the district meeting nor the district board has the right to authorize or direct the payment of any compensation from the public fund to members of the board for their services. See section 257 for the term of officers chosen at special meetings. They hold their offices until their successors are elected and qualified. CH. 10] DISTRICT OFFICERS. Ill SEC. 306. Official Oath. [7444.] School-district officers be- fore entering upon their official duties shall take an oath to faithfully perform said duties ; 106 and the chairman of any regular or special meeting is hereby authorized and empow- ered to administer such oath. 107 (Laws 1876, ch. 122, art 4, sec. 2.) SEC. 307. Office Forfeited. [7445.] Every person duly elected to the office of director, clerk or treasurer of any school district, who shall refuse or neglect, without sufficient cause, to qualify within twenty days after his election or appointment, or who, having entered upon the duties of his office, shall neg- lect or refuse to perform any duty required of him by the pro- visions of this act, shall thereby forfeit his right to the office to which he was elected or appointed, and the county superin- tendent shall thereupon appoint a suitable person in his stead. 108 (Laws 1876, ch. 122, art. 4, sec. 3.) SEC. 308. Director. [7446.] The director of each district shall preside at all district meetings, and shall sign all orders drawn by the clerk, authorized by a district meeting or by the district board, upon the treasurer of the district, for moneys collected or received by him to be disbursed therein. He shall appear, for and in behalf of the district, in all suits brought by or against the district, unless other direction shall be given by the voters of such district, at a district meeting. (Laws 1876, ch. 122, art. 4, sec. 4.) SEC. 309. Clerk. [7447.] The clerk of each district shall record the proceedings of his district in a book provided by the district for that purpose, and enter therein copies of all re- ports made by him to the county superintendent; and he shall keep and preserve all records, books and papers belonging to his office, and deliver the same to his successor in office. (Laws 1876, ch. 122, art. 4, sec. 5.) SEC. 310. Clerk of the Board and District Meetings. [7448.] The said clerk shall be clerk of the district board and of all 106. Neglect of Duty. Where a district officer neglects or refuses to perform a duty, the proper proceeding to compel performance is a writ of mandamus. 107. A district officer can qualify before the chairman of a district meeting, the county superintendent, or any one authorized by law to administer oaths. 108. A county superintendent can not remove a district officer. Such removal can be made only by an action brought in court. The vacancy being declared, the county superintendent shall appoint. A member of the district board can not continue to act as a member thereof after he ceases to be a resident of the district, nor has he the right to appoint a deputy to discharge the duties of the office. See section 222 with regard to filling vacancies on the district board. 112. DISTRICT OFFICERS. [CH. 10 district meetings, when present; 100 but if such clerk shall not be present at any district meeting, the voters present may appoint a clerk of such meeting, who shall certify the proceed- ings thereof, and the same shall be recorded by the clerk of the district. (Laws 1876, ch. 122, art. 4, sec. 6.) SEC. 311. Clerk Shall Draw Orders. [7449.] The clerk of the district shall draw orders on the treasurer of the district for moneys in the hands of such treasurer which have been apportioned to or raised by the district, to be applied to the payment of teachers' wages, and apply such money to the pay- ment of the wages of such teachers as shall have been em- ployed by the district board ; and said clerk shall draw orders on the said treasurer for moneys in the hands of such treas- urer, to be disbursed for any other purpose ordered by a dis- trict meeting no or by the district board, agreeable to the provisions of this act. 111 (Laws 1876, ch. 122, art. 4, sec. 7.) SEC. 312. Clerk's Annual Report. 112 [7450.] The clerk of each district shall, at least five days previous to the annual meeting in July of each year, make a written report, which he shall submit and read to the legal voters of the district at the annual meeting for their information and consideration. If any change or alteration therein be necessary, the same shall be made, and it shall then be transmitted to the county superin- tendent of public instruction. Said report shall show: (1) The number of children, 113 male or female, designated sepa- rately, residing in the district or part of district on the last day of June previous to the date of such report, over the age of five and under the age of twenty-one years; (2) the number of children attending school during the year, their sex, and branches studied; (3) the length of time a school has been taught in the district by a qualified teacher, the name of the 109. In transacting the school business of the district, the members of the board should meet as a district board, the clerk making a complete record of all proceedings. Members of the school-district board have not the right to enter into contract obligating said board outside of a regular meeting, and such meeting is not legal unless all members have been notified of the call for the same. 110. A clerk can legally draw an order upon the treasurer for the disbursement of moneys without a meeting of the district board, if the same has been authorized by a district meeting or by the district board at any prior meeting. Example: Order for teacher's wages. 111. Should the director or other member of the board refuse to sign a legal order, payable to any party legally entitled to receive it, such officer may be compelled, by writ of mandamus, to sign. 112. This section should be amended to be in harmony with section 256, which fixes the date of the annual meeting for the second Friday in April. The school census can not be reported before the annual meeting, since it must show the number of persons of school age on the date of June 30. 113. See sections 187 and 188 of this book. CH. 10] DISTRICT OFFICERS. 113 teacher, the length of time taught by each teacher, and wages paid ; (4) the amount of money received from the county treas- urer, arising from disbursement of the state annual school fund, the amount received from district taxes, and the amount received from all other sources during the year, and the man- ner in which the same has been expended; (5) the amount of money raised by the district each year, and the purposes for which it was raised; (6) the kind of books used in the schools, and such other facts and statistics in regard to the district school as the county superintendent may require. (Laws 1889, ch. 220, sec. 2.) SEC. 313. County Treasurers. [7451.] All county treasur- ers in this state are hereby required to notify clerks of all school districts in their respective counties, by mail or other- wise, ten days prior to the time fixed by law for holding the annual district meeting, of the amount of money drawn from the treasury by the district treasurer of his district since the commencement of the past school year, and shall also state in the same notification the balance remaining on hand, if any, in the county treasury to the credit of the respective districts. (Laws 1889, ch. 220, sec. 3.) SEC. 314. Treasurer Pay No Money, When. [7452.] The county treasurer shall pay no money to the district treasurers of his county after the close of the school year, June 30, until after the annual district meetings of the school districts have been held. (Laws 1889, ch. 220, sec. 4.) SEC. 315. Clerk of Joint District. [7453.] Whenever a school district shall lie partly in two or more counties, the clerk of such district in making his annual report shall carefully designate the number of children resident in the parts of the counties composing the district, and shall report to the county superintendent of public instruction of each of the counties in which such district may be partly situated. (Laws 1876, ch. 122, art. 4, sec. 9.) SEC. 316. False Report; Penalty. [7454.] Every clerk of a district who shall willfully sign a false report to the county superintendent of his county shall be deemed guilty of a mis- demeanor, and punished by a fine not exceeding $100, or by imprisonment not exceeding three months. (Laws 1876, ch. 122, art. 4, sec. 10.) SEC. 317. Report to County Clerk. [7455.] It shall be the duty of the several district clerks in this state to make out a certified list of all persons residing within their respective dis- tricts liable to pay taxes, and transmit the same to the county clerks of their respective counties on or before the 25th day of August annually, except in incorporated cities. (Laws 1876, ch. 122, art. 4, sec. 11.) SEC. 318. Penalty for Failure to Report. [7456.] Any dis- 114 DISTRICT OFFICERS. [CH. 10 trict clerk who shall fail to report the tax voted by his district to the county clerk, as is provided by law, shall be liable to a fine of not less than fifty dollars; and it is hereby made the duty of the county superintendent to have the provisions of this act enforced. (Laws 1876, ch. 122, art. 4, sec. 12.) SEC. 319. Report to County Superintendent. [7457.] The district clerk shall report to the county superintendent in writ- ing the names and post-office addresses of the district officers elect, within two weeks after the said officers shall have been elected or appointed and qualified. The clerk shall also report to the county superintendent the time of the commencement of each term of school, within two weeks from the commence- ment of such term. (Laws 1876, ch. 122, art. 4, sec. 13.) SEC. 320. Report of Indebtedness. [9604.] That in addition to the duties now required by law of the following officers, to wit, township clerks and clerks of incorporated cities, school- district clerks and clerks of boards of education, they shall each of them make and transmit to the clerk of their respec- tive counties, on or before the 5th day of July in each year, a complete certified statement of the floating and bonded in- debtedness, with date of issuing and maturing of outstanding bonds; amount of sinking-fund, if any, for redeeming the same; and such other information as may be required by the county clerk concerning the financial condition of their re- spective townships, cities, or districts ; and when no outstand- ing indebtedness exists, such fact shall be reported. (Laws 1877, ch. 90, sec. 1.) SEC. 321. Records. [7464.] Every school-district clerk or treasurer who shall neglect or refuse to deliver to his successor in office all records, books and papers belonging to his office shall be subject to a fine not exceeding fifty dollars. (Laws 1876, ch. 122, art. 4, sec. 20.) SEC. 322. Treasurer; Bond. [7458.] The treasurer shall execute to the district a bond in double the amount, as near as can be ascertained, to come into his hands as treasurer during the year, with sufficient securities, to be approved by the director and clerk, conditioned to the faithful discharge of the duties of said office. 114 Such bond shall be justified by the affidavit of the principal and his sureties; provided, that the director of the district or the county superintendent of public instruction shall be authorized to administer the oaths in the justification of the treasurer and his sureties. And said bond shall be filed with the district clerk, and in case of the breach of any conditions thereof, the director shall cause a 114. It is not proper for either the director or the clerk to become surety for the treasurer. It is not necessary that the treasurer's bonds- men be residents of the district, though they ought to reside in the county. The bond becoming insufficient from any cause, the director and clerk may require the bond to be made good. CH. 10] DISTRICT OFFICERS. 115 suit to be commenced thereon, in the name of the district, and the money collected shall be applied by such director to the use of the district, as the same should have been applied by the treasurer ; and if such director shall neglect or refuse to prosecute, then any householder in the district may cause such prosecution to be instituted. (Laws 1879, ch. 156, sec. 1.) SEC. 323. Duties of Treasurer. [7459.] The treasurer of each district shall pay out, on the order of the clerk, signed by the director of the district, all public moneys which shall come into his hands for the use of the district. 115 (Laws 1876, ch. 122, art. 4, sec. 15.) SEC. 324. Receive School Moneys. [7460.] The county treasurer shall pay to each district treasurer in the county all school moneys in the county treasury belonging to the dis- trict, upon the order of the director and clerk of the district; provided, that said order shall be accompanied by a certificate from the district clerk, stating that the treasurer of the dis- trict has executed and filed his bond as required by law. (Laws 1876, ch. 122, art. 4, sec. 16.) SEC. 325. District Taxes. [7461.] Where a school district tax has been voted, and from the fault or negligence of any officer, or any other cause, has not been levied and collected in any year, the same shall be added to and collected with the taxes of the year following ; and the county treasurer shall pay over to the treasurers of the respective school districts all taxes he may have collected for the said districts, on the order of the district clerk, countersigned by the director, subject to the proviso contained in section 52 of this act. 116 (Laws 1876, ch. 122, art. 4, sec. 17.) SEC. 326, Records and Reports. [7462.] The treasurer shall keep a book in which he shall enter all the moneys received and disbursed by him, specifying particularly the sources from which money has been received and the person or persons to whom and the objects for which the same has been paid out. He shall present to the district, at each annual meeting, a report in writing, containing a statement of all moneys re- ceived by him from the county treasurer during the year; also, all moneys collected by him during the year from assessments in the district, and of the disbursements made by him, with the items of such disbursements, and exhibit the vouchers therefor, which report shall be recorded by the district clerk ; and at the close of his term of office shall settle with the dis- trict board, and shall hand over to his successor said book, 115. Registration. When a warrant is presented and not paid for want of funds, it is the duty of the treasurer to register the same, and, when the proper funds are received, to pay said warrant, and all others which have been similarly presented, in the regular order of registration. 116. Section 324 of this book. 116 DISTRICT OFFICERS. [CH. 10 and all receipts, vouchers, orders and papers coming into his hands as treasurer of the district, together with all the moneys remaining in his hands as such treasurer. (Laws 1876, ch. 122, art. 4, sec. 18.) SEC. 327. Prosecution for Failure. [7463.] If any district treasurer shall refuse or neglect to pay over any money in his hands belonging to the district, it shall be the duty of his successor in office to prosecute without delay the official bond of such treasurer, for the recovery of such money. 117 (Laws 1876, ch. 122, art. 4, sec. 19.) SEC. 328. Powers of Board. [7465.] The district board shall purchase or lease such a site for a schoolhouse as shall have been designated by the voters at a district meeting, in the corporate name thereof, and shall build, hire or purchase such schoolhouse as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any schoolhouse site or other property of the district, and, if necessary, execute a convey- ance of the same in the name of their office, when lawfully directed by the voters of such district at any regular or special meeting, and shall carry into effect all lawful orders of the district. (Laws 1876, ch. 122, art. 4, sec. 21.) SEC. 329. School Property. [7466.] The district board shall have the care and keeping of the schoolhouse and other property belonging to the district. They shall have power to make such rules and regulations relating to the district library as they may deem proper, and to appoint some suitable person to act as librarian, and to take charge of the school apparatus belonging to the district. (Laws 1876, ch. 122, art. 4, sec. 22.) SEC. 330. Use of Schoolhouse. [Laws 1913, ch. 284, sec. 1.] That section 7476 of the General Statutes of 1909 is hereby amended so as to read as follows : Sec. 7476. The district board shall have the care and keeping of the schoolhouse and other property belonging to the district. They are hereby author- ized 118 to open the schoolhouse for the use of religious, polit- ical, literary, scientific, mechanical, or agricultural societies, or societies for the suppression of crime belonging to their district, for the purpose of holding the business or public meetings of said societies, under such regulations as the school board may adopt ; but it shall be unlawful for the school board to act arbitrarily or partially in the matter of prescribing regulations for the use of the schoolhouse; and any abuse of their powers by the school-district board may be corrected by 117. See section 321 of this book for penalty for refusing or neglecting to turn over all records to successor. 118. This does not mean that school boards must open the schoolhouse for the purposes mentioned, but that they may, if they think it best to do so. .CM. 10] DISTRICT OFFICERS. 117 the district court through mandamus or injunction on the application of any of the aforementioned societies. 119 SEC. 331. Water-closets. [7747.] That the school boards and boards of education having supervision over any school district in this state shall provide and maintain suitable and convenient water-closets for each of the schools under their charge or supervision. There shall be at least two in number, which shall be entirely separate from each other. It shall be the duty of the officers aforesaid to see that the same are kept in a neat and wholesome condition ; and failure to comply with the provisions of this act by the aforesaid officers shall be grounds for their removal from office. (Laws 1891, ch. 197, sec. 1.) SEC. 332. Removal of Schoolhouse, etc. [7475.] That when- ever a schoolhouse or other improvements have been made upon the claim of any settler upon any of the public, Indian or railroad lands within this state, to which the said settler had no title, it shall be lawful for the school directors of the proper school district to remove the said schoolhouse or other improvements from the said claim at any time within one year from the time that the settler in any given case may acquire a title to his said claim ; provided, that if the said set- tler, in any given case, shall convey to said board of school directors one acre of the land upon which said schoolhouse or other improvements are situated, the same shall not be re- moved; and provided further, that if any schoolhouse shall have been built of stone, brick, or frame, costing not less than $500, the probate judge of the county shall appoint three dis- interested persons, who shall appraise and condemn one acre of such land upon which said improvements shall have been located; and it shall be the duty of the school director of such district to pay the owner of such land the value of such land as found by said appraisers. (Laws 1876, ch. 122, art. 4, sec. 32.) SEC. 333. Non-resident^ Pupils. [7467.] The district board shall have power to admit scholars from adjoining districts. (Laws 1876, ch. 122, art. 4, sec. 23.) SEC. 334. Teachers. [7468.] The district board in each district shall contract with and hire qualified teachers 120 for 119. The law restricts the board to the several societies named in this section. The board can not legally open the schoolhouse for other uses aside from the use of the schoolhouse for all business connected directly with the schools of the district. 120. It is held (1) that a "qualified" teacher is one holding a legal certificate; a contract with any other than a legally qualified teacher is not a legal contract; (2) should the teacher's certificate expire by limit of date during a term of school, said teacher must procure a new certifi- cate or the contract becomes null and void; and (3) a contract to teach made by a district board with a member of said board is contrary to public policy. See note 96 as to the lack of authority of the district meet- ing to determine who the teacher shall be. 113 DISTRICT OFFICERS. [CH. 10- and in the name of the district, 121 which contract shall be in writing, and shall specify the wages per week or month as agreed upon by the parties, and such contract shall be filed in the district clerk's office, 122 and, in conjunction with the county superintendent, may dismiss for incompetency, cruelty, negligence, or immorality. 123 (Laws 1876, ch. 122, art. 4, sec. 24.) SEC. 335. Employment of Relatives. [7524.] Any person being related to a school-district officer as husband or wife, son or daughter, shall not be eligible to the position of teacher in such school district, unless employed by a unanimous vote of all the members of such board. (Laws 1901, ch. 304, sec. 1.) SEC. 336. Contracts Void, [7525.] Any contract made in violation of this act 124 shall be null and void, and any school- district officer so violating shall be liable to the person or per- sons so employed for all claims such person or persons may have against such district for wages. (Laws 1901, ch. 304, sec. 2.) SEC. 337. Records and Reports. [7484.] It shall be the duty of the teachers of every district school or graded school to keep, in a register for this purpose, a daily record of the attendance and the deportment of each pupil, and of the recitations of each pupil in the several branches pursued in said school, and to make out and file with the district clerk, at the expiration of each term of the school, a'full report of the whole number of scholars admitted to school during such term, distinguishing between male and female, the text-books used, the branches taught, and the number of pupils engaged in the study of said branches, and any other information the district board or county superintendent may require. 125 The wages of a teacher for the last month of a school term shall not be paid by any district board, unless said teacher shall 121. Co'ntract. It is not legal for a school-district board, previous to the annual meeting, to employ teachers for the new term of school. 122. Teachers are entitled to pay for the time during which school is dismissed due to the prevalence of a contagious disease in the district. 123. Janitor Work. In the absence of any law making it the duty of the teacher to assume the responsibility of janitor work necessary for the comfort and good order of the school under her charge, such work being necessary and indispensable, and further, since the provision for the equipment of the school is clearly the duty of the board, the inference certainly must be that the care of the schoolhouse property belongs to the district board, and in no way can it be construed as a part of the teach- er's duties, unless the contract entered into by the same shall so provide. Teachers can not collect pay for janitor service unless the contract so provides. 124. See section 335 of this book. 125. See section 187 of this book for additional reports required under the compulsory-education law. CH. 10] DISTRICT OFFICERS. 119 have complied with the requirements of this section. (Laws 1876, ch. 122, art. 6, sec. 1.) SEC. 338. Necessary Appendages. [6469.] The district board shall provide the necessary appendages 126 for the school- house during the time a school is taught therein, and shall keep an accurate account of all expenses thus incurred, and present the same for allowance at any regular district meeting. (Laws 1876, ch. 122, art. 4, sec. 25.) SEC. 339. Suspend Pupil; Appeal. [7470.] The district board may suspend, or authorize the director to suspend, 127 from the privileges of a school, any pupil guilty of immorality or persistent violations of the regulations of the school, which suspension shall not extend beyond the current quarter of the school ; provided, that the pupil suspended shall have the right to appeal from the decision of said board of directors to the county superintendent, who shall, upon a full investigation of the charges preferred against said pupil, determine as to his guilt or innocence of the offense charged, whose decision shall be final. 128 (Laws 1876, ch. 122, art. 4, sec. 26.) SEC. 340. District Board's School Duties. [7471.] The district board shall furnish each teacher with a suitable daily register, and shall visit together, or by one or two of their number, all the schools of their district, at least once a term, and at such other periods during the term is in their opinion the exigencies of each school may require; at which visits they shall examine the register of the teacher and see that it is properly kept, and inquire into other matters touching the schoolhouse, facilities for ventilation, furniture, apparatus, library, studies, discipline, modes of teaching, and improve- 126. The term "appendages" should be construed broadly, so as to in- clude necessary improvements, such as well, privy, fence, etc. (30 Kan. 378.) 127. Pupils between the ages of eight and fifteen can be suspended only temporarily, when they are required by the compulsory-attendance law to attend school. (See section 183.) Cases of incorrigibility come within the jurisdiction of the juvenile court when the accused is under the age of sixteen years. (See section 183.) 128. The right of the teacher to punish for misconduct extends from the time the pupil leaves home to go to school until he returns home from school. This, however, does not relieve the parent from control of the child on his way to and from school. The control of school children on their way to and from school should be exercised concurrently by the parents and teacher. In case of grave misconduct, the teacher can suspend a pupil until the board can be notified of such action, except when required by the compulsory-attendance law to attend school. Due diligence must be used by the teacher to serve notice on the board. 120 DISTRICT OFFICERS. [CH. 10 ment of the school ; 129 shall confer with the teacher in regard to condition and management, and make such suggestions as in their view would promote the interest and efficiency of the school and the progress and good order of the pupils. The date and results of such visits shall be entered by the clerk of the board on their minutes. 130 (Laws 1876, ch. 122, art. 4, sec. 27.) SEC. 341. Taxes; Clerk to Certify; Commissioners to Levy; Limit. [Laws 1911, ch. 271, sec. 1.] That section 7473 of the General Statutes of 1909 is hereby amended so as to read as follows : Sec. 7473. It shall be the duty of the school-district clerk to certify to the county commissioners of their respective counties, on or before the 25th day of July, annually, the aggregate amount by them determined in each district to be necessary for school purposes. Upon the receipt of such cer- tification the county commissioners shall, on or before the first Monday in August, annually, levy on the real and personal property in each district, as returned by the assessment roll of the county, a percentage which will produce an amount equal to and not exceeding by more than five per cent the amount certified by the district clerk; provided, however, no levy shall exceed four and one-half mills. And the county clerk is hereby authorized .and required to place the same on the tax roll of said county, in a separate column or columns, designating the purpose for which such taxes were levied ; and the said taxes shall be collected by the county treasurer and paid over to the treasurers of the respective school districts in the county, with the same power and restrictions and under the same regulations and in all respects as to the sale of real or personal property. He shall be authorized and he is hereby required to act according to the provisions and requisitions of the law for the collection of taxes for state and county purposes. SEC. 342. Judgments. [7474.] Whenever any final judg- ment shall be obtained against any school district, the district board shall levy a tax on such taxable property in the district 129. A school board has a right to make a rule requiring constant and prompt attendance at school, such a rule having in view the securing of the very object contemplated in the law establishing public schools. The interests of the pupil and of all the members of the school require prompt- ness and regularity in attendance. Courts have held that such a rule may be enforced. See chapter VI of this book. 130. Powers of District Board. The district board has the power to prescribe the necessary rules and regulations for the management and government of the school. They may require a classification of pupils with respect to the branches of study pursued, and with respect to pro- ficiency or degree of advancement in the same, and that there shall be prompt attendance, diligence in study, and proper deportment. The course of study is prescribed by the State Board of Education. (See sec- tions 46 and 286 to 293 of this book.) CH. 10] UNION OR GRADED-SCHOOL DISTRICTS. 121 for the payment thereof. 131 Such tax shall be collected as other school-district taxes, but no execution shall issue on such judgment against the school district; and in case the district board neglect to levy a tax as aforesaid for the space of thirty days after such judgment shall become final, or in case the proper officer shall neglect to collect the tax levied within the time and in the manner provided by law, then the judgment creditor of the district may have and recover a judgment against the officer or officers so in default for the amount due him on such judgment against the district, with costs, upon which execution shall issue. (Laws 1876, ch. 122, art. 4, sec. 31.) ARTICLE VI. UNION OR GRADED-SCHOOL DISTRICTS. 132 NOTE. A union or graded school is to be distinguished from a con- solidated school provided for by chapter VII. $343. Graded schools, how established. 344. Powers and duties of directors. 345. May levy taxes. 346. Authority to issue bonds. 347. Duties of clerk of union district. 348. Duties of treasurer of union district. 349. Public schools in cities shall receive their share of public-school funds, on what condition. 350. Any single district may establish graded schools. SECTION 343. How Formed. [7535.] Whenever the inhab- itants of two or more school districts may wish to unite for the purpose of establishing a graded school in which instruc- tion shall be given in the higher grades of education, the clerks of the several districts shall, upon a written application of five voters of the respective districts, call a meeting of the voters of such districts at some convenient place, by posting up written notices .thereof in like manner as provided for call- ing district meetings; and if a majority of the voters in each of the two or more districts shall vote to unite for the pur- pose herein stated, they shall, at that meeting or at an ad- journed meeting, elect a board of directors, consisting of a di- rector, clerk, and treasurer. (Laws 1876, ch. 122, art. 7, sec. 1.) SEC. 344. Duties of Board. [7536.] The board of directors provided in the preceding section shall, in all matters relating to the graded schools, possess all the powers and discharge all the like duties of the district board of directors, as prescribed in this act. (Laws 1876, ch. 122, art. 7, sec. 2.) SEC. 345. Union District May Levy Taxes. [Laws 1913, ch. 280, sec. 1.] That section 7538 of the General Statutes of 131. A judgment tax may be levied in addition to the four and one- half mills for general school purposes, and the amount of tax which may be levied to pay a judgment is not limited. 132. The individual districts may still conduct their usual district schools but be a part of this union district for instruction in the higher branches. The plan is virtually to provide a central high school. A reso- lution adopted at an annual meeting or at a special meeting called for the purpose is necessary before a graded school is subject to the provisions of this act. Other graded schools are not governed by the provisions of this act. 122 UNION OR GRADED-SCHOOL DISTRICTS. [CH. 10 Kansas of 1909 be amended to read as follows: The said union district may levy taxes for the purpose of purchasing a building or furnishing proper buildings for the accommodation of the school, or for the purpose of defraying necessary ex- penses and paying teachers, but shall be governed in all respects by the law provided for levying and collecting district taxes. SEC. 346. Authority to Issue Bonds. [Laws 1913, ch. 281, sec. 1.] That for the purpose building, erecting, construct- ing or purchasing one or more schoolhouses, the union or graded-school districts organized and existing under chapter 122 of the Laws of 1876 and the acts amendatory thereof and supplemental thereto, the boards of directors of such union or graded-school districts are hereby authorized to issue bonds. Said bonds shall be issued in all respects in conformity with the provisions of the law relative to the issuance of bonds of school districts and subject to the same limitations. SEC. 347. Clerk. [7540.] The clerk of the union district shall make a report to the county superintendent of public in- struction, and discharge all the duties of clerk in like manner as clerk of the district. (Laws 1876, ch. 122, art. 7, sec. 6.) SEC. 348. Treasurer. [7541.] The treasurer of the union district shall perform all the duties of treasurer as prescribed in this act, in like manner as the district treasurer. (Laws 1876, ch. 122, art. 7, sec. 7.) SEC. 349. Apportionment to Cities. [7542.] The public schools of any city, town, or village, which may be regulated by special law set forth in the charter of said city, town, or village, shall be entitled to receive their proportion of the public-school fund ; provided, the clerk of the board of educa- tion in such city, town or village shall make due report, within the time and manner prescribed in this act, to the county superintendent of public instruction. (Laws 1876, ch. 122, art. 7, sec. 8.) SEC. 350. Single District. [7543.] Any single district shall possess power to establish graded schools subject to the pro- visions of this article, in like manner as two or more districts united ; provided, however, the regular district board of direc- tors of the district shall have the power and shall have the management of the schools of the district and grade them in accordance with the action of the annual district meeting, and employ teachers and do all things pertaining to the union graded schools, without an additional board of directors, where a single district composes the union graded-school district; and provided further, that the director, clerk and treasurer of the regular district board shall possess all the powers to man- age the union graded-school district when a single district composes the union graded-school district as the director, clerk and treasurer have in union or graded-school districts com- posed of two or more districts. (Laws 1907, ch. 331, sec. 1.) CH. 11] FINES AND PENALTIES. 123 CHAPTER XI. FINES AND PENALTIES. (54. Officers prohibited from taking con- tracts, doing work for profit, or furnishing material. 351. Jurisdiction of justices of the peace. 352. Fines and penalties, how collected. 353. Penalty for receiving bonus from publisher of school-books. SECTION 351. Jurisdiction. [7549.] Justices of the peace shall have jurisdiction in all cases in which a school district is a party interested, when the amount claimed by the plain- tiff shall not exceed $100 ; and the parties shall have the right of appeal, as in other cases. (Laws 1876, ch. 122, art. 9, sec. 1.) SEC. 352. How Collected. [7550.] All fines and penalties not otherwise provided for in this act shall be collected by an action in any court of competent jurisdiction. (Laws 1876, ch. 122, art. 9, sec. 2.) SEC. 352. Penalty for Receiving Bonus. [7551.] If the state superintendent, or any county superintendent of public instruction, shall receive from the publisher of any school- books, or from any other person interested in the sale or in- troduction of any book into the public schools in the state, any money or bonus in any manner as an inducement for the recom- mendation or introduction of any such book into the public schools of the state, such superintendent shall, upon conviction thereof before any court of competent jurisdiction, be found guilty of a misdemeanor, and shall be fined in a sum not less than $1000 nor exceeding $5000, or shall be imprisoned in the penitentiary for any time not less than one year nor more than five years, or both such fine and imprisonment. (Laws 1876, ch. 122, art. 9, sec. 3.) SEC. 354. Officers Prohibited from Taking Contracts, Doing Work for Profit, or Furnishing Material. [2873.] That all officers, state and county, and all officers appointed or elected for the purpose of overseeing and directing any of the public improvements of the state, and all officers holding and exer- cising any office of trust or profit under and by virtue of any law of the state, be and they are hereby prohibited from tak- ing any contract, or performing or doing or having performed or done for their own profit, any work in and about the office holden by them, or in or about any work over which they have in whole or in part the supervision, direction or control, and from furnishing any materials used in any such work, and from furnishing for the use of any institution, public work, county, township, Or other interest, the protection of which interest is a part of the duties of his office, any fire- wood, clothing, materials for building, or other things re- quired by such institution, public work, county, township or other interest so in the keeping, in whole or in part, of such person. (Laws 1867, ch. 123. sec. 4.) 124 FIRE PROTECTION. [CH. 12 CHAPTER XII. FIRE PROTECTION. 355. Doors of schoolhouses. 356. Exits, fire-escapes. 357. Furnaces. 358. Plans of buildings submitted to state architect. 359. Inspection, duty of school boards. 360. Fire-drills. 361. Penalty. 362. Time for compliance. SECTION 355. Doors of Schoolhouses. [7851.] That the doors of all public or private schoolhouses of more than one story shall open outwards, and all doors of schoolhouses shall remain unlocked while school is in session. (Laws 1909, ch. 209, sec. 1.) SEC. 356. Exits, Fire-escapes. [7852.] That in every public or private schoolhouse of two or more stories every story above the first shall be provided with either two or more exits from the upper floor separate and distinct from the exits of the lower floor, or shall be provided with sufficient and suitable fire-escapes, 133 which shall be built of iron or steel. (Laws 1909, ch. 209, sec. 2.) SEC. 357. Furnaces. [7853.] That the tops of all furnaces in public and private schoolhouses shall be covered with as- bestos covering or masonry, and the top of such furnace shall not be nearer than eighteen inches to the nearest woodwork above. The ceiling above said furnaces shall be covered with asbestos. (Laws 1909, ch. 209, sec. 3.) SEC. 358. Plans of Buildings Submitted to State Architect. [7854.] That no contract shall be let for the erection of any school building, nor shall any public funds be paid out for the erection of schoolhouses of two or more stories, until the plans for such buildings shall have been submitted to the state architect and approved as to all the requirements of this act. (Laws 1909, ch. 209, sec. 4.) SEC. 359. Inspection; Duty of School Boards. [7855.] That each county superintendent 'shall annually inspect each public- school building, including the county-high-school building, in districts under his supervision ; and the mayor or fire marshal shall annually inspect all public and private school buildings in cities of the second class; and the fire marshal shall an- nually inspect all public and private school buildings in cities of the first class. 134 The examining officer under this section shall report to the respective school boards haying jurisdiction any violation of this act, or any conditions which he may deem dangerous, or which will in any way prevent a speedy exit 133. A ladder fire-escape is not a "suitable" fire-escape for a school house. 134. See sections 845-847, General Statutes of 1909, concerning the condemning of buildings in cities of the third class. CH. 12] FIRE PROTECTION. 125 from the building, and it shall be the duty of said school board when thus notified immediately to make such changes as are required by this act, and such boards are hereby authorized to draw upon their general revenue funds, without further appropriation, to comply with all the requirements of this act. (Laws 1909, ch. 209, sec. 5.) SEC. 360. Fire-drills. [7856.] That in every public or pri- vate school having more than one hundred pupils (excepting colleges and universities) a fire-drill and summary dismissal from the building shall be practiced at least once each month at some time during school hours, aside from the regular dis- missal at the close of the day's session. (Laws 1909, ch. 209, sec. 6.) SEC. 361. Penalty. [7857.] That any officer or member of a school board who shall permit any provision of this act to be violated for sixty days may be removed from his office by a civil action. Independent of such civil action, any officer, member of a school board, city superintendent, principal or teacher violating any provision of this act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment; provided, however, that this act shall not prevent the prosecution and punishment of an officer or other person under the ordinary provisions of the crimes act for death or injury to any child in a public or private school occasioned by the negligence of such officer or other person. (Laws 1909, ch. 209, sec. 7.) SEC. 362. Time for Compliance. [7858.] That within sixty days after the taking effect of this act the provisions of section 1 of this act must be fully complied with, and within one hun- dred and twenty days the provisions of sections 2 and 3 must be complied with; and any neglect to comply with the pro- visions of this act beyond the times herein specified shall sub- ject the officers and persons named in this act to the penalties prescribed in this act. (Laws 1909, ch. 209, sec. 8.) 126 HIGH SCHOOLS. [CH. 13 CHAPTER XIIL HIGH SCHOOLS. ARTICLE I. 366. Expulsion for membership in fra- ternities. 363. High-school tuition. 364. County treasurer collect taxes. 365. High-school fraternities; unlawful to belong to. SECTION 363. High-school Tuition. [7790.] That all school districts located in counties not maintaining a county high school are hereby authorized, at each annual meeting of the several school districts, to levy, in the manner provided by law for the levying of other taxes, a tax sufficient to pay in full the tuition in a high school in the county or any adjoining county in which said district is located of each and every scholar whose parents or guardians are actually residing in said dis- tricts in good faith who shall desire to attend the said high school during the next ensuing year ; the number of such schol- ars to be ascertained and determined by the clerk of said dis- trict immediately prior to the holding of the annual meeting of said district ; provided, however, that the provisions of this act shall not apply to any county in which was adopted the provi- sions of chapter 397 of the Session Laws of 1905. (Laws 1907, ch. 336, sec. 1.) SEC. 364. County Treasurer Collect Taxes. [7791.] The taxes provided for in section 1 of this act shall be paid to the county treasurer of the various counties as other taxes are paid, and when so collected shall be turned over to the school- district treasurer and receipted for by him as other school moneys, and he shall keep separate accounts of such funds, and shall pay the same out for the purposes mentioned in this act upon the same terms and conditions as other school-district moneys are paid out. (Laws 1899, ch. 250, sec. 2.) SEC. 365. High-school Fraternities; .Unlawful to Belong to. [7752.] It shall be unlawful for the pupils of any high schools to participate in or be members of any secret fraternity or secret organization whatsoever that is in any degree a school organization. (Laws 1907, ch. 320, sec. 1.) SEC. 366. Expulsion for Membership in Fraternities. [7753.] Any board of education or board of trustees of county high schools are hereby authorized and empowered to deny to any student regularly enrolled in such high school, who shall violate section 1 of this act, any or all of the privileges of such high school or to expel such student for failure or refusal to comply with the requirements of this act. (Laws 1907, ch. 320, sec. 2.) CH. 13] COUNTY HIGH SCHOOLS. 127 ARTICLE II. COUNTY HIGH SCHOOLS IN COUNTIES HAVING A POPULATION OF OVER 6000. 370. 371. 372. 373. 374. 375. 376. 379. Three courses of study shall be pro- vided. Tuition; rules and regulations to be adopted by the board of trustees. Nonresident pupils. Principal shall make rules and regu- lations for government of school. 383. Rights and privileges of those grad- uating from normal course. Report of trustees to board of county commissioners. Vacancies in board of trustees, how filled. 386. Compensation of trustees. 380. 381. 382. 384. 385. 367. What counties may establish. 368. Election, how called. 369. Ballots canvassed. Election of trustees. President, secretary, and treasurer. Levy by trustees. Levy limited. Levy limited; exceptions. Taxes levied and collected. Duties of treasurer and secretary of high school. 377. Site to be selected and purchased by board of trustees; may lease suit- able buildings. 378. Principal and assistant teachers to be employed by board of trustees. SECTION 367. What Counties. [7765.] Each county having a population of 6000 inhabitants or over, as shown by the last state or federal census, may establish a county high school on the conditions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons who desire to fit themselves for the vocation of teaching. (Laws 1886, ch. 147, sec. 1.) SEC. 368. Election. [7766.] When one-third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of county commissioners re- questing that a county high school be established in their county, at a place in the said petition named, or whenever the said county commissioners shall at their discretion think proper, they shall give twenty days' notice previous to the next general election, or previous to a special election called for that purpose, that they will submit the question to the electors of said county whether such high school shall be es- tablished, and at the place specified, at which election the electors of the county shall vote by ballot for or against es- tablishing such high school. The notice contemplated in this section shall be given as are all legal notices of a general or of a special election. (Laws 1886, ch. 147, sec. 2.) SEC. 369. Ballots Canvassed. [7767.] After said election the ballots on said question shall be canvassed in the same man- ner as in the election of county officers, and if a majority of all the votes cast shall be in favor of establishing such high school, the county commissioners shall immediately proceed to appoint six persons, who shall be residents and freeholders of the county, but no more than two of whom shall be residents of the same commissioner district, who shall, with the county superintendent of instruction, 135 constitute a board of trustees for said school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and qualified, 135. The county superintendent is entitled to vote on all questions coming before the board of trustees. 128 COUNTY HIGH SCHOOLS. [CH. 13 and shall be required, within ten days after appointment, to qualify by taking the usual oath of office and by giving such bond as may be required by said county commissioners for the faithful discharge of his duties. (Laws 1903, ch. 432, sec. 1.) SEC. 370. Election of Trustees. [7768.] At the next gen- eral election after said appointment, there shall be elected 130 six high-school trustees, but no more than two of whom shall be residents of the same commissioner district ; three of whom shall serve for two years and three of whom shall serve for four years, the respective terms to be decided by lot; these terms to be known and designated as short term and full term, respectively. Each two years thereafter there shall be elected three trustees, but no more than one of whom shall be a resi- dent of the same commissioner district, to serve a term of four years, to succeed those whose term is about to expire. In those counties in which county high schools have already been established, the present high-school trustees shall serve until after the election in 1904, at which time six county-high-school trustees shall be elected, but no more than two of whom shall reside in the same commissioner district, and all of the above provisions shall thereafter apply to said counties. Said trustees shall qualify and enter upon the duties of their office in the same manner and at the same time as other county officers. (Laws 1903, ch. 432, sec. 2.) SEC. 371. President, Secretary, and Treasurer. [7769.] The county superintendent 137 shall, by virtue of his office, be president of said board of trustees. At their first meeting in each year they shall appoint from their own number a secre- tary and treasurer, who shall perform the usual duties de- volving upon such officers, and shall hold office for one year, or until their successors are appointed and qualified. Said treasurer shall give such additional bond as the county com- missioners shall deem sufficient. A majority of said board shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. (Laws 1886, ch. 147, sec. 5.) SEC. 372. Levy by Trustees. [7770.] That the board of trustees of any county high school in the state of Kansas shall at its first meeting, and annually thereafter before the first day of August of each succeeding year, make an estimate of the amount of funds needed for building purposes, for the payment of teachers' wages, for contingent purposes, and all other educa- tional purposes connected with said high school, and having made such estimate shall make an annual levy sufficient to 136. County-high-school trustees are to be elected by the entire county. 137. The county superintendent can not legally be allowed any addi- tional compensation for services as a member of the county-high-school board except where his salary is on a per diem basis. CH. 13] COUNTY HIGH SCHOOLS. 129 raise the amount desired for such purposes. But in no case shall the tax for such purposes exceed in one year the amount of the levy allowed by law on the taxable property of the county. (See note.) (Laws 1909, ch. 211, sec. 1.) NOTE. Limited to five-tenths of one mill by Laws 1909 ch 245 sec 14 (section 373 of this book). SEC. 373. Levy Limited. [9407.] For the purpose of main- taining the county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed five-tenths of one mill on the assessed valuation of the countv (Laws 1909, ch. 245, sec. 14.) SEC. 374. Levy Limited; Exceptions. [Laws 1913, ch. 279, sec. 1.] That section one of chapter 261, Session Laws of 1911, be and the same is hereby amended to read as follows : Sec. 1. For the purpose of maintaining county high schools provided for by chapter 147, Laws of 1886, the board of trustees shall not levy to exceed three-fourths mill on the assessed valuation of the county; provided, this act shall not apply to counties having a valuation in excess of thirty million dollars ; provided, that this act shall not apply to counties having county high schools, which were established after 1901. SEC. 375. Taxes Levied and Collected. [7771.] Said rate of t,ax shall be certified to the county clerk of the county in which said county high school is situated, by the president and secretary of said board of trustees, and the said county clerk is hereby authorized and required to place the same on the tax-rolls of the county, and said tax shall be collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school in the same manner that school funds are paid to the district treasurers as required by law. (Laws 1909, ch. 211, sec. 2.) SEC. 376. Duties of Officers. [7772.] The said treasurer of the high school shall receive from the county treasurer, and from other parties, all moneys that belong to the funds of said school, and shall pay out the same only by direction of the board of trustees, upon orders duly signed by the president and countersigned by the secretary, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate account of all moneys received and expended for said school, and at the close of each year, or oftener if required by the board of trustees, they shall make a full statement of the financial affairs of the school. (Laws 1886, ch. 147, sec. 8.) SEC. 377. 'Locate Site and Lease Building. [7773.] The said board of trustees shall proceed, as soon as practicable after the appointment as aforesaid, to select, at the place de- termined by the vote of the county, the best site that can be obtained without expense to the county, and the title thereof -5 130 COUNTY HIGH SCHOOLS. [CH. 13 shall be vested in the said county; they shall then proceed to make purchases of material, and to let such contracts for their necessary school buildings as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax for that year. The board of trustees, at their discretion, may lease suitable buildings for the use of the high school while new buildings are in process of erection, the rent to be paid by the fund created by the levy for high-school purposes. (Laws 1886, ch. 147, sec. 9.) SEC. 378. Employ Principal. [7774.] When such board of trustees shall have finished a building for said school, they shall employ some suitable person, who shall take charge of the same and teach in the same, and shall be known as the principal of such school; and the trustees shall furnish such assistant teachers as they deem necessary, and shall provide for their salaries. (Laws 1886, ch. 147, sec: 10.) SEC. 379. Courses of Instruction. [7775.] There shall be provided three courses of instruction, each requiring four years' study 138 for completion, namely, a general course, a normal course, and a collegiate course. The general course shall be designed for those who can not continue school life after leaving said high school. The normal course shall be designed for those who intend to become teachers, and shall fully prepare any who wish to enter the first year of profes- sional work at the State Normal School. The collegiate course shall fully prepare those who wish to enter the freshman class of the college of liberal arts and sciences of the State Uni- versity, or of the State Agricultural College, or of any other institution of higher learning in this state. Whenever prac- ticable, students in these courses shall recite in the same classes. Students in the last year of the normal course may be employed for a portion of their time in teaching the pupils of the first year in any course, and model schools shall be en- couraged. (Laws 1905, ch. 389, sec. 1.) SEC. 380. Tuition and Admission. [7776.] Tuition shall be free to all pupils residing in the county where the school is located. The board of trustees shall make such general rules and regulations as they may deem proper in regard to age and grade of attainments essential to entitle pupils to admission to such school; provided, that no person shall be admitted to such high school who shall not have passed a satisfactory ex- amination in all the work of the district schools of the county in which such high school is situated. If there should be more applicants than can be accommodated at any one time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the county superintendent of public instruc- 138. Does not apply to Reno county high school. (Laws 1905, ch. 457.) CH. 13] COUNTY HIGH SCHOOLS. 131 tion; and the boards of the respective school districts shall designate such pupils as may attend, subject to the proviso above. (Laws 1886, ch. 147, sec. 12.) SEC. 381. Nonresident Pupils. [7777.] If at any time the school can accommodate more pupils than apply for admission from that county in which the school is situated, the vacancies may be filled by applicants from other counties, upon the pay- ment of such tuition as the board of trustees may prescribe, but at no time shall such pupils continue in such school to the exclusion of pupils residing in the county in which such school is situated. (Laws 1886, ch. 147, sec. 13.) SEC. 382. Rides and Regulations; Examining Committee; Certificates. [7778-9.] The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as he may deem proper in regard to the studies, conduct and government of the pupils under his charge while they shall continue to be enrolled at such school ; and if any such pupils will not conform to nor obey the rules of the school, they may be suspended therefrom temporarily by the principal, and may be expelled by the board of trustees. The board of trustees shall appoint some competent person who, with the principal of the high school, and with the county superintendent of public instruction as chairman thereof, shall constitute the examining committee of the high school, whose duty it shall be to examine all persons who may apply to them in the subjects such persons propose to teach in said high school; and no person except one holding a diploma or a cer- tificate from the State Board of Education, or a diploma from the State Normal School, State University, State Agricultural College, or some college or university accredited by the State Board of Education, shall be employed by the board of trustees as teacher in the high school unless such person is the holder of a certificate signed by the examining committee, or a ma- jority of them, setting forth that such person is competent to teach such subjects in said high school and is a person of good moral character ; and the board of trustees may fill any vacancy which may occur in the examining committee. (Laws 1907, ch. 335, sees. 1 and 2.) SEC. 383. Privileges of Graduates from Normal Course. [7780.] Those graduating from the normal course in the county high school shall be entitled to a teacher's second-grade certificate, 139 and shall be admitted to the first year of profes- sional work at the State Normal School without further exam- ination ; and those graduating from the collegiate course shall be entitled to admission to the freshman class of the State 139. This certificate should be issued by the county board of examiners and should state thereon that it was issued by virtue of graduation from the county high school. The usual fee of one dollar should be collected from each applicant. 132 COUNTY HIGH SCHOOLS. [CH. 13 University, and of the State Agricultural College, without further examination. (Laws 1886, ch. 147, sec. 15.) SEC. 384. Report of Trustees. [7781.] The board of trus- tees shall annually make a report to the county commission- ers, which shall specify the number of students attending the high school during the year, their sex, and the branches taught, the text-books used, the number of teachers employed, the salaries paid, the amounts expended respectively for li- brary, apparatus, buildings, and for all other purposes; also the amount of funds on hand, the debts unpaid, if any; the amounts due, if any; and all other information deemed im- portant or expedient to report. Said report shall be printed in at least one newspaper of the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public instruction. (Laws 1886, ch. 147, sec. 16.) SEC. 385. Vacancies. [7782.] The county commissioners shall have power to fill any vacancies that may occur in the board of trustees for that county, by appointment until the next general election. (Laws 1886, ch. 147, sec. 17.) SEC. 386. Compensation of Trustees. [7783.] The county board of county-high-school trustees shall allow to each mem- ber thereof the sum of three dollars per day for the time actually and necessarily employed in the discharge of his of- ficial duties, and in addition thereto the sum of five cents per mile necessarily traveled in attending meetings of the board, and when such accounts are presented for payment they shall be audited and paid out of the county-high-school fund in the same manner as other accounts against said board. Said trustees shall not be allowed any other remuneration for serv- ices or expenses. . (Laws 1907, ch. 334, sec. 1.) ARTICLE III. COUNTY HIGH SCHOOLS IN COUNTIES HAVING A POPU- LATION OF LESS THAN 6,000. 387. May be established at county seats. 388. Course of study. 389. Privileges of graduates. 390. May employ teachers 391. Free to pupils in the county. 5392. Petition or election. 393. Bonds may be issued. 394. Bond election. 395. Issuance of bonds. 396. Illegal use of proceeds SECTION 387. May Establish at County Seat. [7784.] That the county commissioners of any county of Kansas having a population of less than 6,000 be and they are hereby authorized to negotiate with the school district or school districts at the county seat of such county for the establishment of a county high school; provided, that on the presentation of a petition signed by a majority of the electors of any such county, as shown by the returns of the last preceding general election, the county commissioners shall call an election for the purpose of determining whether they shall make such contract as afore- CH. 13] COUNTY HIGH SCHOOLS. 133 said; and if at such election a majority of the votes cast shall be in favor of making said contract, then and in that case it shall be the duty of such commissioners to make such contract. (Laws 1903, ch. 433, sec. 1.) SEC. 388. Course of Study. [7785.] Such county high schools when established shall adopt a course of study to be prescribed by the State Board of Education. (Laws 1897, ch. 180, sec. 2.) SEC. 389. Privileges of Graduation. [7786.] Upon the pres- entation of a certificate of graduation from any such county high school, within one year from the date of the same, to any state institution of learning, the person presenting the same may be admitted without further examination to said institu- tion of learning. (Laws 1897, ch. 180, sec. 3.) SEC. 390. May Employ Teachers. [7787.] For the purpose of carrying this act into effect, the boards of county commis- sioners in such counties may employ such number of teachers in addition to those regularly employed by the district at the county seat as shall in their judgment be necessary for the purpose of conducting such schools, and pay such teachers from the general fund of the county. (Laws 1897, ch. 180, sec. 4.) SEC. 391. Free to Pupils in the County. [7788.] Such county high school shall be free to all persons of school age in their respective counties. (Laws 1897, ch. 180, sec. 5.) SEC. 392. Petition or Election. 140 [7789.] No county high school as herein provided for shall be established except upon a petition signed by a majority of the electors of the county or pursuant to an election held in such county for the purpose of voting upon the question of establishing such county high schools. (Laws 1897, ch. 180, sec. 6.) SEC. 393. Bonds May be Issued. [7802.] That any county which has established a county high school under the provi- sions of chapter 180, Session Laws of 1897, as amended by chapter 433, Session Laws of 1903, is hereby authorized and empowered to issue and sell bonds of the county for the pur- pose of erecting, furnishing and equipping a building for the use of the county high school of the county ; provided, that no bonds shall be issued as provided for in this section until the same has been submitted to the electors of the county at a gen- eral election, or at a special election called for that purpose, and a majority of the voters voting upon the proposition shall have voted in favor of the same ; provided, that the provisions of this act shall not be construed as applying to any county in which is located a city of the first class. (Laws 1907, ch. 332, sec. 1.) 140. See section 387 of this book. 134 BARNES HIGH SCHOOLS. [CH. 13 SEC. 394. Bond Election. [7803.] When a petition signed by twenty-five per cent of the legal voters of the county, as shown by the latest official poll of the county, shall have been presented to the board of county commissioners of the county, asking that the question of issue of the bonds for the purpose named in this act be submitted to a vote of the people, it shall become the duty and is hereby made the duty o the board of county commissioners to make provisions to submit the ques- tion to a vote of the people ; provided, that if a general election is to be held within six months after the receipt of the petition, the board of county commissioners shall submit the question at the next general election ; otherwise, the board of county com- missioners shall call a special election for this purpose, by giving not less than thirty days' notice by publication in not less than four issues of a newspaper of general circulation in the county. (Laws 1907, ch. 332, sec. 2.) SEC. 395. Issuance of Bonds. [7804.] The bonds issued by authority of this act shall not exceed in any county in amount twenty thousand dollars, in denominations of not less than one hundred dollars nor more than one thousand dollars, and shall bear not more than five per cent interest, payable semiannu- ally, as shown by coupons attached, and shall mature not later than twenty years from the date thereof. The bonds herein provided for shall recite that they are issued in pursuance of the provisions of this act. (Laws 1907 ch. 332, sec. 3.) SEC. 396. Illegal Use of Proceeds. [7805.] It shall be un- lawful for the board of county commissioners or any other per- son or persons to use or appropriate any of the proceeds of the bonds herein provided for any other purpose than that pre- scribed in this act. (Laws 1907, ch. 332, sec. 4.) ARTICLE IV. BARNES HIGH SCHOOLS. 397. County tax for high schools. 398. Levy, limitation. 399. Levy, limitation and exception. . / 400. Levy made, when. 401. Funds collected. 402. Apportionment of funds. 403. Levy, joint districts. 404. Principal's report. 405. County superintendent shall certify to county clerk. 406. Tuition free. 407. Courses of study. 408. Some cities and counties exempt. 409. When in force. 410. "Barnes" law in effect in certain counties. 411. County treasurer to pay taxes col- lected. 412. Penalty, county treasurer not paying over money. SECTION 397. County Tax for High Schools. [Laws 1913, ch. 277, sec. 1.] That section 7792 of the General Statutes of Kansas of 1909 be amended to read as follows: Sec. 7792. In every county in the State of Kansas in which one or more school districts or cities of less than sixteen thousand inhabi- tants shall have maintained high schools with courses of instruction admitting those who complete the same to the freshman class of the college of liberal arts and sciences of the University of Kansas, the county commissioners shall levy CH. 13] BARNES HIGH SCHOOLS. 135 a tax each year of not less than one-fourth of a mill nor more than three mills 141 on the dollar of the assessed valuation of the taxable property within such counties for the purpose of creating a general high-school fund ; provided that in counties of less than 4,000 inhabitants and in which there is only one high school operating under the provisions of this act, the county commissioners of such county may levy one-half mill for the purpose of aiding such high schools in the construction, maintenance and up-keep of such high-school buildings. SEC. 398. Levy .Limitations. [9408.] The authority of the board of county commissioners of each county, as provided in chapter 397 of the Session Laws of 1905, to levy annually a tax by means of which to raise the necessary funds for the support of the high schools provided for by said chapter 397 of the Laws of 1905, is hereby limited so that the said board shall not levy in excess of five-tenths of one mill upon the dollar upon all taxable property. (Laws 1909, ch. 245, sec. 15.) SEC. 399. Levy, Limitation and Exception. [Laws 1913, ch. 279, sec. 2.] That section two of chapter 261 of the Ses- sion Laws of 1911 be and the same is hereby amended to read as follows : Sec. 2. The authority of the board of county com- missioners of each county as provided in chapter 397 of the Session Laws of 1905 to levy annually a tax by means of which it raised the necessary funds for the support of the high schools provided for by said chapter 397 of the Laws of 1905, is hereby limited so that the said board shall not levy in excess of three-fourths mill upon all taxable property ; pro- vided, that this section shall not apply to counties having a valuation in excess of thirty million dollars. SEC. 400. Levy Made, When. [7793.] The first levy shall be made when the result of the election or petition is de- termined, and a similar levy shall be made each year there- after; provided, no levy shall be made until one or more such high schools shall have been maintained in the county the pre- ceding school year. (Laws 1905, ch. 397, sec. 2.) SEC. 401. Funds Collected. [7794.] Said tax shall be levied and collected in the same manner as other county taxes, and, when collected, the county treasurer shall pay the same to the treasurers of the school districts maintaining high schools ac- cording to the provisions of this act, as required by law, but no part of said general high-school fund shall ever be used for other than high-school purposes. 142 (Laws 1905, ch. 397, sec. 3.) 141. Limited to five-tenths or three-fourths of one mill by Laws of 1909, ch. 245, sec. 15, and Laws of 1913, ch. 279, sec. 2. (Sections 398 and 399 of this book.) 142. The high-school fund levied under this act can not be used for the repair or erection of school buildings, except as provided in section 397. 136 BARNES HIGH SCHOOLS. [CH. 13 SEC. 402. Apportionment of Funds. [7795.] The county treasurer shall pay to the treasurers of said school districts a pro rata part of the said general high-school fund apportioned to the several school districts according to the estimated cost of maintaining the high schools of the ensuing year, but no ap- portionment shall be made to any school district after it has discontinued its high school. (Laws 1908, ch. 69, sec. 1.) SEC. 403. Levy, Joint Districts. [Laws 1911, ch. 272, sec. 1.] That whenever any high school maintained in a joint school district receives a contribution out of the county treas- ury under the Barnes high-school act, being chapter 397 of the Session Laws of 1905 and amendments thereto, and when the provisions of the said Barnes high-school act do not prevail in the other county of which the said joint high-school district is a part, it shall be the duty of the county superintendent of the county in which the Barnes high-school act does not prevail to make an equitable estimate of the contribution which should be made by the school-district territory of the said joint school district lying in his county toward the support of the said joint high-school district, and certify to the county clerk a levy sufficient to meet said estimate, and it shall be the duty of the county clerk to make such levy in addition to the other school taxes imposed upon that part of said joint school district lying in his county. SEC. 404. Principal Shall Make Report. [7796.] It shall be the duty of the principal of each such high school, at the expiration of the school year, to make a report, under oath, to the county superintendent, showing the total enrolment and the daily attendance of each pupil, and the average daily at- tendance in high school for that year, and to furnish such other reports as the county superintendent may require, and his last month's salary shall not be due until such reports shall have been duly made. (Laws 1905, ch. 397, sec. 5.) SEC. 405. County Superintendent Shall Certify to County Clerk. [7797.] It shall be the duty of the county superintend- ent to certify to the county clerk and to the county treasurer, on or before the 25th day of July of each year, the average daily attendance in the several high schools of the county complying with the provisions of this act for the year ending on the 30th day of June preceding, and to certify to the board of county commissioners the amount necessary for the main- tenance of such high schools the ensuing year, and the county commissioners shall make such levy (not to exceed three mills 143 on the dollar of the assessed valuation of the taxable property within such county) as may be necessary to produce such amount; and in case the county commissioners shall fail 143. Limited to five-tenths or three-fourths of one mill by Laws of 1909, ch. 245, sec. 15, and Laws 1913, ch. 279, sec. 2. (Sections 398 and 399 of this book.) CH. 13] BARNES HIGH SCHOOLS. 137 to make such levy, then the county superintendent shall make a suitable levy, and certify the same to the county clerk of such county, who shall enter upon the tax-rolls the levy so made by the county superintendent. (Laws 1907, ch. 333, sec. 1.) SEC. 406. Tuition Free. [7798.] Tuition shall be free in all such high schools to pupils residing in the county where such schools are located. (Laws 1905, ch. 397, sec. 7.) SEC. 407. Courses of Study. [7799.] At least two courses of instruction shall be provided, each requiring four years' work, 144 namely, a college preparatory course, which shall fully prepare those who complete it to enter the freshman class of the college of liberal arts and sciences of the University of Kansas, and a general course, designed for those who do not intend to continue school work beyond the high school. (Laws 1905, ch. 397, sec. 8.) SEC. 408. Some Cities and Counties Exempt. [7800.] Cities having more than 16,000 inhabitants and counties having here- tofore established county high schools or which may hereafter establish county high schools under the laws now in force shall be exempt from the operation of this act. (Laws 1905, ch. 397, sec. 9.) SEC. 409. When in Force. [7801.] This act shall not be in force in any county until its provisions are adopted therein by a majority of the electors voting on said proposition. At the next general election after the passage of this amendment, the following proposition shall be submitted in each county, or part of county, in the state to which this law may apply, namely : "May the provisions of the high-school act of 1905, as amended by the Laws of 1907 and 1908, apply in this county?" The election shall be conducted and such proposition shall be voted on and the votes then canvassed and returns made in all respects as provided by law. Whenever a majority of the voters voting on this proposition in any county, or part of any county, to which this law may apply, at such election shall be in favor of such proposition, the provisions of this act shall apply in such county from the time such result is ascertained. If the proposition fails to carry at the next general election, it may be submitted in each county, or part of county, in this state to which this law shall apply, upon petition to the board of county commissioners, signed by twenty-five per cent of the taxpayers of such county, or part of county, at any general election hero- after; provided, that this law shall not be submitted at the general election in 1908 in counties which have already adopted the provisions of the act to which this act is amendatory. (Laws 1908, ch. 69, sec. 2.) SEC. 410. "Barnes" Law in Effect in Certain Counties. 144 Two courses of four years each must be maintained. The college preparatory course should be approved by the University of Kansas for admission to its liberal arts course. 138 COUNTY AID. [CH. 13 [7809.] That in all counties of this state in which high schools have been established and maintained for one year, and which said high schools have been established and maintained under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and chapter 69 of the Laws of 1908, by a majority of all the votes cast on said proposition, said chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908, shall be in full force and effect from and after the publication of this act in all such counties without again submitting the question to a vote of the electors; provided, however, this act shall not apply to counties where the proposition was resub- mitted under chapter 69 of the Session Laws of 1908 and re- jected. (Laws 1909, ch. 210, sec. 1.) SEC. 411. County Treasurer to Pay Taxes Collected. [7807.] It shall be the duty of the county treasurer of every county in the state of Kansas to promptly pay over and distribute on demand all moneys now in his hands, or which may hereafter come into his hands by reason of any tax levy made by any county, city, township or school district, to the treasurer of the city, township or school district, for the use and benefit of which it was collected, under the provisions of chapter 397 of the Laws of 1905, as amended by chapter 333 of the Laws of 1907 and by chapter 69 of the Laws of 1908. (Laws 1909, ch. 215, sec. 1.) SEC. 412. Penalty, County Treasurer Not Paying Over Money. [7808.] Any county treasurer who shall violate the provisions of this act shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. (Laws 1909, ch. 215, sec. 2.) ARTICLE V. COUNTY AID IN COUNTIES HAVING A POPULATION OF LESS THAN 10,000. 413. Aid by county commissioners. 414. Course of study. 415. Free tuition; entrance certificate. 416. Supervision. 417. Petition. 418. Levy. 419. Collection and use of funds. 420. Duty of county treasurer. 421. Report of principal. 422. Petition; levy. 423. Duty of county superintendent. 424. Counties exempt. SECTION 413. Aid by County Commissioners. [Laws 1911, ch. 263, sec. 1.] That the county superintendent and county commissioners of any county in Kansas having a population of less than 10,000 inhabitants are hereby authorized to make provision for aid to a certain high school or high schools in such county, and to provide for the support of the same as hereinafter prescribed. SEC. 414. Course of Study. [Laws 1911, ch. 263, sec. 2.] Such high schools, when aided, shall adopt a course of study to be prescribed by the State Board of Education. SEC. 415. Free Tuition; Entrance Certificate. [Laws 1911, ch. 263, sec. 3.] Such high schools shall be free to all persons CH. 13] COUNTY AID. 139 of school age who are actual residents of the respective coun- ties ; provided, that such person shall present to the principal of the high school an entrance certificate, signed by the county superintendent of public instruction, certifying that he has completed the course of study prescribed by the State Board of Education for the public schools below the high school. SEC. 416. Supervision. [Laws 1911, ch. 263, sec. 4.] Such high schools when aided shall be under the supervision and control of the county superintendent and district board or board of education of the district or city in which the school is located. SEC. 417, Petition. '[Laws 1911, ch. 263, sec. 5.] No high school as herein provided for shall be eligible for such aid ex- cept upon a petition to the county superintendent and county commissioners of the county in which such school or schools are sought to be aided, signed by a majority of the school electors of the county in which the school is sought to. be aided ; provided, that in counties having a population of 3,000 inhabitants or less (according to the United States census of 1910) one school only shall be aided, and that one located at the county seat of such county. SEC. 418. Levy. [Laws 1911, ch. 263, sec. 6.] For the pur- pose of carrying this act into effect the board of county com- missioners in such county shall annually levy such tax only as may be necessary, not to exceed one mill on the dollar of the assessed valuation of the taxable property of counties having a population of 3,000 inhabitants or less, and not to exceed one-half mill on the dollar of the assessed valuation of the taxable property in counties having a population of more than 3,000 inhabitants. SEC. 419. Collection and Use of Funds. [Laws 1911, ch. 263, sec. 7.] Said tax shall be levied and collected in the same man- ner as other county taxes, but no part of such general school fund shall ever be used for other than high-school purposes. SEC. 420. Duty of County Treasurer. [Laws 1911, ch. 263, sec. 8.] The county treasurer shall pay to the treasurer of the school district or districts maintaining such high schools such sums of money as the county superintendent shall certify to be necessary and proper for each of said districts respec- tively. SEC. 421. Report of Principal. [Laws 1911, ch. 263, sec. 9.] It shall be the duty of the principal of each of such high schools, at the expiration of the school year, to make a report to the county superintendent showing the total enrollment in such high school or high schools and the number of months at- tended by each pupil, and to furnish such other reports as the county superintendent may require, and his last month's salary shall not be due until such reports shall have been duly made. 140 TOWNSHIP HIGH SCHOOLS. [CH. 13 SEC. 422. Petition; Levy. [Laws 1911, ch. 263, sec. 10.] If, upon the presentation of a petition addressed to the county commissioners of any county by a majority of the school electors of such county, asking that certain aid be extended to a certain school district or school districts therein, as provided for herein, and said county superintendent and county commis- sioners decide to provide the aid petitioned for, said board of county commissioners shall, at the regular meeting held by it on the first Monday in August thereafter, levy such tax on the taxable property of the entire county sufficient to raise the amount necessary to aid such district or districts as said county superintendent and said board of commissioners believe proper. SEC. 423. Duty of County Superintendent. [Laws 1911, ch. 263, sec. 11.] It shall be the duty of the county superintendent to certify to the county commissioners and to the county treas- urer, on or before the 1st day of July in each year, the amount of money necessary to aid the district or districts maintaining high schools under the provisions of this act, for the year end- ing on the 30th day of June preceding, and the county commis- sioners shall thereupon make such a levy only, within the limi- tations herein prescribed, as may be necessary to produce the amount of aid herein provided for such high school or high schools, within their respective counties. SEC. 424. Counties Exempt. [Laws 1911, ch. 263> sec. 12.] Counties maintaining a county high school and counties having high schools in operation under the provisions of chapter 397 of the Laws of 1905, or the provisions of said chapter as amended, shall be exempt from the provisions of this act. ARTICLE VI. TOWNSHIP HIGH SCHOOLS. .425. Authority to establish township high schools. 426. Election. 427. Supervision; course of study. SECTION 425. Authority to Establish Township High Schools. [Laws 1913, ch. 278, sec. 1.] That section 1 of chapter 262 of the Session Laws of 1911 be and the same is hereby amended so as to read as follows: Section 1. The legal electors of any township in which there is no incor- porated city of not to exceed 300 population, in the state, are hereby authorized, as provided for in this act, to establish, locate and maintain a high school in such township. SEC. 425. Election. [Laws 1911, ch. 262, sec. 2.] Whenever a petition is presented to the township board of any township, described in section 1, in the state, at any of its regular meet- ings, signed by more than one-third of the legal electors of said township as is shown by the last preceding election, requesting said township board to call an election under the provisions of this act to locate and establish a township high school in said 428. Tuition free; regulations. 429. Admission of outside pupil! 430. Annual meeting; levy. OH. 13] TOWNSHIP HIGH SCHOOLS. 141 township, the location to be named in said petition, it shall then be the duty of said township board to call a special elec- tion to decide the question of locating and establishing such high school and the voting of bonds therefor. All elections held under the provisions of this act shall be governed by the provi- sions of the general election law of this state where not con- trary to this act. Notice of all such elections shall be given at least twenty-one days prior to the day fixed for such election, by posting up printed or typewritten notices on the door of each schoolhouse in said township and publishing the same twice in the official county paper of the county wherein the township is situated, setting forth fully the purposes and ob- jects of such election and the time and place or places where it is to be held ; provided, that this act shall not apply to counties having a population of less than 10,000. Upon a proposition being carried to establish a township high school in any town- ship, the township board of such township shall call a special election to elect a township high-school board, consisting of a director, clerk and treasurer. SEC. 427. Supervision; Course of Study. [Laws 1911, ch. 262, sec. 3.] The county superintendents of public instruction shall have the same general supervision over said township high schools as they now have by law over the district schools ; and it is further made the duty of the superintendent of pub- lic instruction to provide courses of study for said township high schools, to correspond with that required by section 7775 of the General Statutes of 1909, governing county high schools. SEC. 428. Tuition Free; Regulations. [Laws 1911, ch. 262, sec. 4.] Tuition shall be free to all pupils" residing in the town- ship where the school is located. The board of directors of said township high school shall make such rules and regula- tions as are provided in section 7776 of the General Statutes of 1909, in relation to county high schools, and make them appli- cable to said township high schools. SEC. 429. Admission of Outside Pupils. [Laws 1911,. ch. 262, sec. 5.] If at any time the school can accommodate more pu- pils than apply for admission from the township in which the school is located, pupils may be admitted from other townships, upon the payment of such fees for tuition as the board of di- rectors of said township high school may prescribe, but at no time shall such pupils continue in such township high school to the exclusion of pupils residing in the township where the school is located. SEC. 430. Annual Meeting; Levy. [Laws 1911; ch. 262, sec. 6.] The annual school meeting for the election of school officers for the township shall be held at two o'clock P. M. on the day preceding the date of the annual meeting for school dis- tricts. The township high-school boards shall meet annually 142 TOWNSHIP HIGH SCHOOLS. [CH. 13 on the third Monday in April, at two P. M., at the township high-school buildings in their respective townships, and shall make the necessary levy for taxes, not to exceed four mills on the dollar of valuation on all taxable property in the respective townships, to pay teachers and incidental expenses of said high schools; the clerks of said high-school districts to certify the levy to the county clerks, who are to extend the amounts on the tax rolls, and the county treasurers to collect the taxes, the same as provided for other taxes. CH. 14] INDUSTRIAL EDUCATION. 143 CHAPTER XIV. INDUSTRIAL EDUCATION. 431. Tax for industrial training. 432. Boards provide schoolrooms. 433. State Board prescribes course and standard. 434. 435. 436. Appropriation for Report to state superintendent. State aid. SECTION 431. Tax for Industrial Training. [7839.] The board of education of each city of the first class and second class, and the annual school meeting of any school district, may, in addition to the other levies, levy a tax not to exceed one- half mill 145 upon the dollar of assessed valuation in cities of the first and second class, and not to exceed one mill 146 on the dollar of the assessed valuation in all other cities and school districts, for the equipment and maintenance of industrial- training schools or industrial-training departments of the pub- lic schools. The sum raised by such levies shall be expended for the purpose named in this act and no other. (Laws 1903, ch. 20, sec. 1.) SEC. 432. Boards May Provide Schoolrooms. [7840.] Said board of education and district board, upon such levy being made, may provide for a separate school or a separate depart- ment in some existing school, and may employ such teachers as they think are competent to give instruction in industrial training, as required by their course of study; and it shall be the duty of such board to provide, from the funds received under the provisions of this act, the necessary books, ap- pliances and room for such instruction, and it shall be the duty of such board to prescribe a course of study to meet the special needs of the district or city, which course of study must be approved by the State Board of Education. (Laws 1903, ch. 20, sec. 2.) SEC. 433. State Board Prescribes Course and Standard. [7841.] The State Board of Education shall establish a standard for teachers of industrial training, and shall grant special cer- tificates to those who are fully qualified to give instruction therein ; and they shall prescribe the course of study in indus- trial training to be used in the state. (Laws 1903, ch. 20, sec. 3.) SEC. 434. Report to State Superintendent. [7842.] On the 1st day of July in each year, the clerk of each school board or district maintaining a school or department for industrial 145. Limited to one-eighth of a mill by Laws 1909, ch. 245, sec. 25 (section 474 of this book). 146. Limited to one-quarter of a mill by Laws 1909, ch. 245, sec. 25 (section 474 of this book). 144 INDUSTRIAL EDUCATION. [CH. 14 training as aforesaid, and desiring state aid, shall make a re- port, duly certified, to the state superintendent of public in- struction, in such form as may be required, setting forth the facts relating to the cost of maintaining such school or de- partment for industrial training, the character of the work done, the number and names of the teachers employed in such work, and the length of time such school or department was maintained during the preceding year. Upon receipt of such report, the state superintendent, when satisfied therefrom, and from such other investigation as he may deem advisable, that such school or department for industrial training has been es- tablished and maintained for a period of six months in the year immediately preceding, and has been taught by a special teacher or teachers having the qualifications mentioned in sections 3 and 4 of this act, 147 shall make a certificate to that effect, showing also the amount of money expended by such school district in the twelve months immediately preceding the 1st day of July of each year in maintaining such school or department for industrial training, and submit such certifi- cate to the state auditor. (Laws 1903, ch. 20, sec. 4.) SEC. 435. State Aid. 148 [7843.] Upon receiving such cer- tificate mentioned in section 4 149 of this act, the state auditor shall draw his warrant upon the state treasurer, payable to the treasurer of the school district or board of education main- taining said school or department, for a sum of money equal to that contributed by such school district for such purpose, but not exceeding the sum of $250; and provided, that the total sum of money contributed by the state as aforesaid for such purposes shall not exceed tfie sum of $10,000 in any one year. (Laws 1903, ch. 20, sec. 5.) SEC. 436. Appropriation. 150 [7844.] For carrying out the provisions of this act, the sum of $20,000, or so much as may be necessary, is hereby appropriated out of the state treasury, out of any money not otherwise appropriated. (Laws 1903, ch. 20, sec. 6.) 147. Sections 433 and 434 of this book. 148. State aid will not be available hereafter unless succeeding legis- latures make appropriations for this purpose. 149. See section 434 of this book. 150. No appropriation was made for 1913 or 1914. CH. 15] INDUSTRIAL-SHOOL PUPILS. 145 CHAPTER XV. INDUSTRIAL-SCHOOL PUPILS. 151 437. County superintendent shall visit in- dentured pupils. 438. Pupils not properly provided for. 439. County superintendent to seek persons willing to receive dentured pupils. out SECTION 437. County Superintendent Shall Visit Indentured Pupils. [8686.] The superintendents of public instruction in the several counties of the state are hereby designated as visit- ing agents, to have local supervision over indentured pupils of the Reform 152 School. It shall be the duty of each visiting agent to visit as often as twice each year all pupils of the Re- form School 152 who may have been indentured to persons resid- ing within his county. 153 He shall inquire into the condition of such pupils, and make such other investigations in relation thereto as the board of trustees may prescribe; and for the purpose aforesaid, said agents may have private interviews with such pupils at any time, and shall have power to adminis- ter oaths. (Laws 1881, ch. 129, sec. 13.) SEC. 438. Pupils Not Properly Provided for. [8687.] When any visiting agent is of the opinion that an indentured pupil is not properly provided for, and can not be so held to his fur- ther advantage, he shall report the fact to the board of trus- tees; and no pupil shall be indentured to any person until notice of an application therefor has been given to said agent, and his report in writing, made after investigation into the propriety thereof, is filed with the institution. (Laws 1881, ch. 129, sec. 14.) SEC. 439. Seek Out Persons to Receive Indentured Pupils. [8688.] 153 Said agent shall seek out suitable persons who are willing to receive pupils from the Reform School 152 under ar- ticles of indenture, and give notice thereof to the president of the board of trustees, which notice shall contain the agent's recommendation of the applicant as a proper person to receive and have the care of any such pupil. (Laws 1881, ch. 129, sec. 15.) 151. The requirements of this chapter, as well as those of sections 8686, 8687 ^nd 8688, referred to footnote 137, are probably modified by the provisions of chapter 475, Laws of 1905, entitled "Board of Con- trol of State Charitable Institutions." 152. Refers to Industrial School for Boys. 153. Sections 8686, 8687, 8688, General Statutes of 1909, impose similar duties relative to the Industrial School for Girls. 146 JUVENILE COURT. [CH. 16 CHAPTER XVI. JUVENILE COURT. 456. Suspension of sentence; release; bond. 457. Custody of child during suspension of sentence. 458. Forfeiture of bond and term of pro- bation. 459. Judgment in case of forfeiture of bond. 460. Acts not repealed. 461. Detention home; juvenile farm. 462. Government of detention home. 463. Record of inmates of detention home. 464. Tax levied for detention home or juvenile farm; salary of matron or superintendent. 465. Annual report of judge of juvenile court. 466. Jurisdiction after the age of sixteen. 467. Compensation in counties having a population of over 25,000. 468. Jurisdiction. 469. Police and sheriff entitled to witness fees. 470. Blanks. 471. Procedure in juvenile court. 472. Appeal. 440. Probate judge; jurisdiction; author- ity; fees. 441. Over whom the juvenile court has jurisdiction. 442. Probation officer; appointed; duties; truant officer. 443. Who may make the complaint. 444. Summoning custodian of child. 445. Custody of child; continuance of the hearing. 446. Care of dependent or neglected child. 447. The child as the ward of an asso- ciation or individual. 448. The child committed to the care of a probation officer. 449. The court may revoke the custody. 450. Child under sixteen not to be taken before courts other than juvenile courts. 451. Appeals to district court. 452. Assistance of city and county at- torneys, and other officials. 453. Discretion of juvenile court as to penalties of state laws and city ordinances. 454. Care and custody of child to be parental. 455. Parents responsible for delinquency of children ; penalty. SECTION 440. Probate Judge; Jurisdiction; Authority; Fees. [5099.] That there be and hereby is created and established in each county of the state a court, to be known as the " juvenile court," whose jurisdiction shall pertain to the care of depend- ent, neglected and delinquent children. The probate judge of each county shall be the judge of the juvenile court in his county, and he shall be furnished by the board of county com- missioners, at the expense of the county, with such dockets, records, and blanks, upon his requisition, as may be necessary in the conduct of the business of the court. Said court shall have jurisdiction of all cases concerning dependent, neglected and delinquent children in their respective counties, shall be open at all times for the transaction of business, and may make such disposition of cases as is hereinafter provided. They shall have authority to issue subpoenas for witnesses, and compel their attendance by attachment as for contempt, and to issue all other process that may be necessary in any case, the same as justices of the peace are authorized to do in misde- meanors. All writs and process shall be served by the proba- tion officer of the court, or, in his absence, by some person especially deputized for that purpose by the court. The judge of the juvenile court shall receive as compensation for his services the same fees as are allowed the probate judge for like services, and said fees shall be in addition to all fees or salary received by him as judge of the probate court; said fees are to be allowed by the county commissioners and paid out of the county treasury. (Laws 1905, ch. 190, sec. 1.) OH. 16] JUVENILE COURT. 147 SEC. 441. Over Whom the Juvenile Court Has Jurisdiction. [5100.] This act shall apply only to children under the age of sixteen years, not now or hereinafter inmates of any state in- stitution or any industrial school for boys or industrial school for girls or some institution incorporated under the laws of this state; provided, that when jurisdiction has been acquired under the provision hereof over the person of a child, such jurisdiction may continue for the purposes of this act until the child has attained its majority. For the purpose of this act, the words "dependent child" and "neglected child" shall mean any child who for any reason is destitute or homeless or abandoned, or dependent upon the public for support, or has not proper parental care or guardianship, and has idle and immoral habits, or who habitually begs or receives alms, or who is found living in any house of ill fame or with any vicious or disreputable persons; or whose home, by reason of neglect, cruelty or depravity on the Dart of its parents, guard- ian or other person in whose care it may be, is an unfit place for such a child ; or any child under the age of ten years who is found begging, peddling, or selling any article, or singing or playing any musical instrument upon the street, or who accompanies or is used in aid of any person so doing. The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state or any city, town or village ordinance; or who is incorrigible; or who knowingly associates with thieves, vicious or immoral per- sons ; or who is growing up in idleness or crime ; or who know- ingly patronizes any pool-rooms or place where gambling devices are operated. The word "child" or "children" may mean one or more children, and the word "parent" or "parents" may be held to mean one or both parents, when consistent with the intent of this act. The word "association" shall include any corporation which includes in its purpose the care or discipline of children coming within the meaning of this act. (Laws 1905, ch. 190, sec. 2.) SEC. 442. Probation Officer; Appointed; Duties; Truant Of- ficer. [5101.] The juvenile court having jurisdiction under this act shall appoint or designate one or more discreet persons of good character to serve as probation officers during the pleasure of the court; said probation officer shall receive as compensation, from the public treasury, a sum to be fixed by the court, said sum not to exceed two 'dollars per day for services actually performed; provided, that, in cities having a population of 15,000 or over, the compensation shall not be more than three dollars per day. Whenever there is to be a child brought before any court having a probation officer, it shall be the duty of the judge of the court, if prac- ticable, to notify the probation officer in advance when any child is to be brought before the court. It shall be the duty 148 JUVENILE COURT. [CH. 16 of said probation officer to make such investigation as may be required by the court; to be present in court in order to rep- resent the interest of the child when the case is heard; to furnish to the court such information and assistance as the judge may require, and to take such charge of any child before and after trial as may be directed by the court ; and the court shall have power to make and enforce rules specifying the duties of the probation officer in any and all cases. The judge of said juvenile court may, at his discretion, designate as pro- bation officer the regular truant officer of the county, who shall perform the duties of this office in addition to the duties of the truant officer, as provided by law, and he shall receive no further remuneration than is provided by laws already ex- isting. Any probation officer may, without warrant or other process, at any time until the final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take the child placed in his care by said court and bring the child before the court, or the court may issue a war- rant for the arrest of any child, and the court may thereupon proceed to sentence or make such other disposition of the case as he may deem best. (Laws 1905, ch. 190, sec. 3.) SEC. 443. Who May Make the Complaint. [5102.] Any reputable person, being a resident in the county, having knowl- edge of a child in his county who appears to be either depend- ent, neglected or delinquent within the meaning of this act, may file with the court having jurisdiction in the matter a petition, in writing, setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit be upon information and belief. If it shall be determined by the court that there is no ground for complaint, no permanent record shall be made by the court. (Laws 1905, ch. 190, sec. 4.) SEC. 444. Summoning Custodian of Child. [5103.] Upon the filing of the petition, unless the parties shall voluntarily appear or be in court, a summons shall issue in the name of the state of Kansas, requiring the child and the person having custody and control of the child, or with whom the child may be, to appear with the child at the place and at the time set in the summons, which shall not be later than twenty-four hours after service, unless otherwise directed by the court. The parents of the child, if living, and their residence known, or its legal guardian, if one there be, or if there is neither parent nor guardian; or if his or her residence is unknown, then some relative, if there be one, and his or her residence is known, shall be notified of the proceedings ; and in any case the judge may appoint some suitable person or association to act in behalf of the child. If the person summoned, as herein provided, shall fail without reasonable cause to appear and abide the order of the court, or to bring the child, such person may be proceeded against as in case of contempt of court. In CH. 16] JUVENILE COURT. 149 case the summons can not be served, or the party served shall fail to obey the same, or in case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may issue on order of the court, either against the parent or guardian, or the person having custody of the child, or against the child itself. On the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner and enter final judgment therein; and the costs of all proceed- ings under this act may, 'in the discretion of the court, be adjudged against the person or persons so summoned, appear- ing, or arrested, as the case may [be], and collected as pro- vided by law in civil cases. (Laws 1905, ch. 190, sec. 5.) SEC. 445. Custody of the Child; Continuance of the Hearing. [5104.] In any case the court may continue the case from time to time, and may in the meantime commit the child to the care and control of the probation officer, or may allow such child to remain in its own home, or in the custody of some suitable person, subject to the supervision and control of the probation officer and to such other conditions as may be im- posed by the court ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly super- vision of the probation officer and the further order of the court. Pending a hearing, no child shall be committed to a jail or police station, except, in case of felony, the judge, if he deems it advisable, may commit such child to jail until the trial and final disposition of the case ; but when other provision shall not have been made for its care and custody, the court shall direct it to be kept in some suitable place provided by the county out- side of a jail or police station. (Laws 1905, ch. 190, sec. 6.) SEC. 446. Care of Dependent or Neglected Child. [5105.] When any child under the age of sixteen years shall be found to be dependent or neglected, within the meaning of this act, the court may make an order committing the child to the care of some suitable institution, or the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association willing to receive it, embracing in its object the purpose of caring for or obtaining homes for neglected or dependent children. The court may, when the health or condi- tion of the child shall require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purpose without charge. (Laws 1905, ch. 190, sec. 7.) SEC. 447. The Child as the Ward of an Association or Indi- vidual. [5106.] In any case where the court shall award a child to the care of any association or individual, in accordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of 150 JUVENILE COURT. [CH. 16 the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any proceedings for the legal adoption of the child, and may by its or his attorney or agent appear in any court where such proceedings are pending and assent to such adoption; and such assent shall be sufficient to authorize the court to enter proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child. (Laws 1905, ch. 190, sec. 8.) SEC. 448. The Child Committed to the Care of a Probation Officer. [5107.] In case of a delinquent child, the court may continue the hearing from time to time, and may in the mean- time commit the child to the care and control of a probation officer duly appointed by the court, and may allow such child to remain in it: own home, subject to the visitation and control of the probation officer; such child to report to the court as often as may be required, and shall be subject to be returned to the court for further proceedings whenever such action shall appear to the court to be necessary ; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of the probation officer and the further order of the court ; or it may authorize the child to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for payment of the board of such child until suitable provision may be made for the child in a home without such payment ; or the court may com- mit the child to a suitable institution for the care of delinquent children ; provided, that no child under the age of sixteen years shall be committed to the State Reformatory, and in no case shall a child be committed beyond his or her minority. A child committed to such institution shall be subject to the control of the board of managers thereof, and the board shall have power to parole such child on such conditions as it may prescribe; and the court shall, on the recommendation of the board, have power to discharge such child from custody whenever, in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected and dependent children, if such institution be duly credited as hereinafter provided, or to the care and cus- tody of some discreet person. (Laws 1905, ch. 190, sec. 9.) SEC. 449. The Court May Revoke the Custody. [5108.] In any case where a dependent, neglected or delinquent child has been committed to the care and custody of any association or individual, the court may cause the child to be brought before it, together with the person in whose custody he may be, and if it shall appear that a continuance of such custody is not for the best interests of such child, the court may revoke and set CH. 16] JUVENILE COURT. 151 aside the order giving such custody, and make such further orders in the premises as to the future disposition of the child as shall seem best. (Laws 1905, ch. 190, sec. 10.) SEC. 450. Child. Under Sixteen Not to be Taken Before Courts Other than Juvenile Courts. [5109.] When a child under the age of sixteen years is arrested, with or without a warrant, such child shall, instead of being taken before a justice of the peace or police, magistrate or judge or any other court now or hereafter having jurisdiction of the offense charged, be taken before such juvenile court; or if the child shall have been taken before a justice of the peace or police magistrate or judge of such court, it shall be the duty of such justice of the peace or police magistrate or judge of such court to transfer the case to such juvenile court, and of the officer having the child in charge to take such child before said court ; and in any such case the said court may proceed to hear the defense of the case in the same manner as if the child had been brought before the court upon the petition as herein provided, in any case the court shall require notice to be given and in- vestigation to be made as in the several cases under this act provided for, and may adjourn the hearing from time to time for the purpose. (Laws 1905, ch. 190, sec. 11.) SEC. 451. Appeals to District Court. [5110.] An appeal shall be allowed to the district court by any child from the final order of commitment made by the juvenile court, and may be demanded on the part of the child by its parent, guardian, or custodian, or by any relation of such child within the third degree of kinship. Such appeal shall be taken within ten days after the making of the order complained of by written notice of appeal filed with the judge of the juvenile court; whereupon it shall be the duty of the judge of said court, without unneces- sary delay, to transmit all papers, together with a transcript of his records of the case, to the clerk of the district court of his county, by whom the case shall be docketed in the order of its reception. Such appeal shall not suspend or vacate the order appealed from, but the same shall continue in force in all respects the same as if no appeal had been taken until final judg- ment has been rendered in the district court ; provided, how- ever, that the judge of the district court may, pending a hear- ing on appeal, make such modifications of the order of the juve- nile court and upon such conditions as to him may seem proper. Upon the final hearing on appeal the case shall be heard and disposed of in the spirit of this act and in the exercise of all the powers and discretion herein given to the juvenile court. In all cases of felony the judge of the juvenile court may re- mand the person apprehended to the district court or county -court for trial. (Laws 1905, ch. 190, sec. 12.) SEC. 452. Assistance of City and County Attorneys, and 152 JUVENILE COURT. [CH. 16 Other Officials. [5111.] It shall be the duty of all county at- torneys within their respective counties, and city attorneys within their respective cities, to give to the probation officers such aid in the performance of their duties as may be con- sistent with the duties of the office of such attorneys. It shall be the duties of the police officers and constables making ar- rests of children under sixteen years of age in the counties herein mentioned to at once give information of that fact to the probation officer or to the judge of the juvenile court herein provided, and also to furnish such probation officer or judge with all the facts in his possession pertaining to said child, its parents, guardian, or other person likely to be interested in such child, and also the nature of the charge upon which such charge has been made. Any probation officer may, without warrant or other process, at any time until final disposition of the case of any child over whom said juvenile court shall have acquired jurisdiction, take any child placed in his care by said court and bring such child before the court, or the court may issue a warrant for the arrest of any such child ; and the court may thereupon proceed to sentence or make other disposition of the case. (Laws 1905, ch. 190, sec. 13.) SEC. 453. Discretion of Juvenile Court as to Penalties of State Laws and City Ordinances. [5112.] All punishments and penalties imposed by law upon persons for the commission of offenses against the laws of the state, or imposed by city ordinances for the violation of such ordinances, in the case of delinquent children under the age of sixteen years, shall rest in the discretion of the judge of the juvenile court, and execu- tion of any sentence may be suspended or remitted by said court. (Laws 1905, ch. 190, sec. 14.) SEC. 454. Care and Custody of Child to be Parental. [5113.] This act shall be liberally construed, to the end that its pur- poses may be carried out, to wit, that the care, custody and discipline of a child shall approximate, as nearly as may be, proper parental care; and in all cases where the same can be properly done, that a child may be placed in an approved family home, by legal adoption or otherwise. And in no case shall any proceedings, order or judgment of the juvenile court, in cases coming within the purview of this act, be deemed or held to import a criminal act on the part of any child ; but all pro- ceedings, orders and judgments shall be deemed to have been taken and done in the exercise of the parental power of the state. (Laws 1905, ch. 190, sec. 15.) SEC. 455. Parents Responsible for Delinquency of Children; Penalty. [5114.] In all cases where any child shall be a delin- quent, dependent or neglected child, as defined by the statutes of this state, the parent or parents or other persons responsible for or by any act causing, encouraging or contributing to such CH. 16] JUVENILE COURT. 153 delinquency, dependency or neglect shall be deemed guilty of a misdemeanor, and upon trial and conviction thereof shall be fined in a sum not to exceed one thousand dollars, or imprisoned in the county jail for a period not to exceed one year, or by both such fine and imprisonment. The juvenile courts shall have jurisdiction of all cases coming within the provisions of this act. (Laws 1907, ch. 177, sec. 1.) SEC. 456. Suspension of Sentence; Release; Bond. [5115.] The court may suspend any sentence hereunder or release any person sentenced under this act from custody upon condition that such person shall furnish a good and sufficient bond or undertaking to the people of the state of Kansas in such penal sum, not exceeding two thousand dollars, as the court shall determine, conditioned for the payment of such amount as the court may order, not exceeding twenty-five dollars per month for each child, for the support, care and maintenance of such child while under the guardianship, or in the custody of any individual or any public, private or state home, institution, as- sociation or orphanage to which the child may have been com- mitted or entrusted under the provisions of the laws of this state concerning dependent and neglected children. (Laws 1907, ch. 177, sec. 2.) SEC. 457. Custody of Child During Suspension of Sentence. [5116.] The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty upon conditions to be prescribed or imposed by the court as seem most calcu- lated to remove the cause of such dependence or neglect, and while such conditions are accepted and complied with by any such person such sentence may remain suspended and such person shall be considered on probation in said court; in case a bond is given as provided herein, the conditions prescribed by the court may be made a part of the terms and conditions of such bond. (Laws 1907, ch. 177, sec. 3.) SEC. 458. Forfeiture of Bond and Term of Probation. [5117.] Upon the failure of any such person to comply with the terms and conditions of such bond or of the conditions im- posed by the court, such bond or the term of probation may be declared forfeited and terminated by the court, and the original sentence executed as though it had never been suspended, and the term of any jail sentence imposed in any such case shall commence from the date of the incarceration of any such per- son after the forfeiture of such bond or term of probation. There shall be deducted from any such period of incarceration any part of such sentence which may have already been served. (Laws 1907, ch. 177, sec. 4.) SEC. 459. Judgment in Case of Forfeiture of Bond. [5118.] It shall not be necessary to bring a separate suit to recover the 154 JUVENILE COURT. [CH. 16 penalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon, requiring that he or they appear at a time named therein by the court, which time shall not be less than ten nor more than twenty days from the issuance thereof, and show cause, if any there be, why judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such suffi- cient cause, the court shall enter such judgment in behalf of the people of the state of Kansas against such surety or sure- ties, or in case of default or refusal to pay the said bond, action may be taken in any court of competent jurisdiction in behalf of the people of the state of Kansas to compel the payment of said bonds. Any moneys collected or paid upon any such exe- cution or in any case upon said bond shall be turned over to the county treasurer of the county in which such bond is given, to be applied to the care and maintenance of the child or chil- dren for whose dependency such conviction was had, in such manner and upon such terms as the juvenile court may direct; provided, that it shall not be necessary in the opinion of the court to use such fund or any part thereof for the support and maintenance of such child, the same shall be paid into the county treasury and become a part of the funds of such county. (Laws 1907, ch. 177, sec. 5.) SEC. 460. Acts Not Repealed. [5119.] Nothing in this act shall be construed to repeal any acts providing for the support by parents of their minor children or any part of the acts con- cerning delinquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. (Laws 1907, ch. 177, sec. 6.) SEC. 461. Detention Home; Juvenile Farm. [5120.] That the county commissioners of every county of the state having a population of more than twenty thousand may provide a detention home or a juvenile farm for the purpose of caring for homeless children under sixteen years of age in the custody of the judge of the juvenile court; provided, however, that a juvenile farm may be established only in counties having a city whose population is twenty-five thousand or over. Until a building is erected for the purpose of a detention home, or until a juvenile farm with suitable and convenient buildings has been provided, the commissioners may lease or rent a suit- able and convenient building or a part thereof, for a term not to exceed five years for any one period, which shall be used as a detention home. (Laws 1907, ch. 177, sec. 7.) SEC. 462. Government of Detention Home. [5121.] That the detention home shall be in charge of a matron or of a man and his wife, who shall be under the supervision of the judge of the juvenile court. The inmates of the detention home shall CH. 16] JUVENILE COURT. 155 be controlled as far as possible through parental care. The children shall be placed in the public schools where possible, or, if it be so determined, the commissioners may provide for separate instruction within the home. The detention home is to supplement the work of the juvenile court and to be used in lieu of any jail or prison, but it shall be the policy of the judge of the juvenile court, probation officer and the matron or su- perintendent of the detention home to make the said house of detention a temporary home, and as soon as possible to provide for the return of the inmates of the home to their natural par- ents or to parents by adoption. (Laws 1907, ch. 177, sec. 8.) SEC. 463. Record of Inmates of Detention Home. [5122.] It shall be the duty of the matron or superintendent of the de- tention home to keep a complete record of all inmates of the home, including age, sex, time of admission, and time of dis- charge, conduct and character, state of health at time of ad- mission and dismissal, and shall make a monthly report to the judge of the juvenile court on a blank provided for the same. (Laws 1907, ch. 177, sec. 9.) SEC. 464. Tax Levied for Detention Home or Juvenile Farm; Salary of Matron or Superintendent. [5123.] For the support and maintenance of the detention home or juvenile farm, the county commissioners shall make an estimate of the cost and levy a tax, as in the case of providing for other expenses of the county, and all expenses of the said detention home or juvenile farm shall be accorded as a part of the expenses of the said juvenile court of the said county. The salary of the matron or superintendent shall be fixed by the county commis- sioners, and warrants drawn for the payment of said salary and all other bills regularly allowed by the said commissioners on account of said expenses for the maintenance of said deten- tion home or juvenile farm. (Laws 1907, ch. 177, sec. 10.) SEC. 465. Annual Report of Judge of Juvenile Court. [5124.] That the judge of the juvenile court shall make an annual re- port on the 1st day of July to the governor of the state, which shall be complete history of the proceedings of the court for the preceding year; that the said report shall contain statistics of the number of cases, the nature of the cases, and the dispo- sition of the same. It shall also contain a financial statement of the court, including all expenses, expenditures made, and fines collected. (Laws 1907, ch. 177, sec. 11.) SEC. 466. Jurisdiction After the Age of Sixteen. [5125.] When any offender before the age of sixteen has been brought before the judge of the juvenile court, the jurisdiction of said court over said offender shall not expire on account of the child's arriving at the age of sixteen, but said offender shall continue in the charge of said court until he is finally dis- charged by the same. (Laws 1907, ch. 177, sec. 12.) 156 JUVENILE COURT. [CH. 16 SEC. 467. Compensation in Counties Having a Population of Over 25,000. [5126.] In counties having twenty-five thousand people or over, the probation officer who is appointed for said county shall receive compensation not to exceed three dollars a day for time of actual service. (Laws 1907, ch. 177, sec. 13.) SEC. 468. Jurisdiction. [5127.] The juvenile court shall have jurisdiction over all dependent children under sixteen years of age. All applications for the admission of children to the Soldiers' Orphans' Home shall be made to the juvenile court of the county of which any child is a resident. (Laws 1907, ch. 177, sec. 14.) SEC. 469. Police and Sheriff Entitled to Witness Fees. [5128.] When the police of any city or the sheriff of any county in the state of Kansas shall appear before the judge of the juvenile court to make complaint of, to report on or to testify on account of dependent, defective or delinquent chil- dren, they shall receive ordinary witness fees for such serv- ices. (Laws 1907, ch. 177, sec. 15.) SEC. 470. Blanks. [5129.] Blanks shall be used by the ju- venile court in the several counties in Kansas which shall be furnished by the State Board of Control. (Laws 1907, ch. 177, sec. 16.) SEC. 471. Procedure in Juvenile Court. [Laws 1911, ch. 236, sec. 1.] The procedure in the juvenile court for the trial of any person charged with causing, encouraging or contribut- ing to the delinquency, dependency or neglect of any child shall be substantially the same as the procedure provided for the trial of misdemeanors before justices of the peace. SEC. 472. Appeal. [Laws 1911, ch. 236, sec. 2.] Any per- son convicted in the juvenile court of causing, encouraging or contributing to the delinquency, dependency or neglect of any child may appeal from such judgment in substantially the same manner as is now provided for appeals from the judg- ment of justices of the peace in misdemeanor cases. CH. 17] KINDERGARTENS. 157 CHAPTER XVIL KINDERGARTENS. 473. Free kindergartens. SECTION 473. Free Kindergartens. [7442.] That the school [board] of any school district 154 in the state shall have power to establish and maintain free kindergartens in connection with the public schools of said district, for the instruction of children between four and six years of age residing in said district, and shall establish such courses of training, study and discipline and such rules and regulations governing such preparatory or kindergarten schools as said board may deem best; provided, that nothing in this act shall be construed to change the law relating to the taking of the census of the school population or the apportionment of state and .county school funds among the several counties and districts in this state ; provided further, that the cost of establishing and main- taining such kindergartens shall be paid from the school fund of said districts, and the said kindergartens shall be a part of the public-school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public school [s] of the state; provided further, that no person shall be employed as a teacher in such kindergarten schools who has not passed a satisfactory examination in such subjects as the State Board of Education shall require. The State Board of Education shall adopt rules governing the examination of kindergarten teachers and shall furnish county superintendents with ex- amination questions, and the examination shall be held in the manner provided by law for the examination of teachers in the public schools ; provided further, that any person who shall complete the course of training for kindergarten teachers at the State Normal School or its auxiliaries shall be entitled to teach in the kindergarten schools of this state without ex- amination. (Laws 1907, ch. 325, sec. 1.) 154. Kindergartens may also be established in cities of the first and second class. 158 LEVIES. [CH. 18 CHAPTER XVIII. LEVIES. 474. Levies, general limitation. 475. Levies, exceptions to limitations. 476. Increasing the levy. 477. County clerk, excessive levies. 478. Penalty, officers. SECTION 474. Levies^ General Limitation. [9418.] All levies authorized in any taxing district by statute, and which are not expressly limited herein, are hereby limited so that no such levy shall be made in excess of twenty-five per cent of the rates so authorized. (Laws 1909, ch. 245, sec. 25.) SEC. 475. Levies, Exceptions to Limitations. [9419.] No limitation imposed by this act shall in any wise apply to or in any way limit any levy which is authorized by statute for the purpose of creating sinking- and interest-funds necessary to liquidate at maturity the principal and interest of any in- debtedness authorized by law ; nor shall any provision of this act .apply to or in any way limit special taxes levied by ordi- nance in any city. And nothing in this act shall be construed to limit the levy provided by any special act heretofore passed for the construction of roads, and under which any county is now operating. (Laws 1909, ch. 245, sec. 26.) SEC. 476. Increasing the Levy. [9420.] If any board of levy, or any officer that is charged with the duty of levying tax in any taxing . district, shall be of the opinion that the amount of tax limited by this act will be insufficient for the needs of such taxing district for the current year, the question of an increased levy may be submitted to the voters of such taxing district at a general election or at a special election called for the purpose in the manner provided by law for call- ing special elections in such taxing district; provided, that under the provisions of this section a vote may be had upon the question of an increased levy at the annual meeting of any school district. If any such question of increasing the levy shall be submitted at any election or meeting as above set forth, due notice thereof shall be given for at least thirty days in advance of such election or meeting by publication in the official county paper for all taxing districts, except school dis- tricts; but in school districts by posting a notice in the man- ner provided by law for other elections or meetings; said notice shall also give the proposed increase in the levy. If three-fourths of the votes cast at any such election shall be in favor of the increased levy, as named in said election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply, unless an increased levy for a particular year shall be voted at another election in like man- ner. (Laws 1909, ch. 245, sec. 27.) CH. 18] LEVIES. 159 SEC. 477. County Clerk; Excessive Levies. [9421.] Any levy which may be certified to the county clerk in excess of the limitations placed by this act shall be unlawful, and in any such case it shall be unlawful for the county clerk of any county within the state to enter upon the tax-roll of the county any such excessive levy ; and in case of any such excess in any levy it is hereby made the duty of the county clerk and he is hereby required to reduce such levy and to extend upon the tax-roll only such a part thereof as will comply with the pro- visions of this act. (Laws 1909, ch. 245, sec. 27.) SEC. 478. Penalty; Officers. [9422.] Any officer of any tax- ing district or any county clerk who shall violate any provision of this act shall be guilty of a misdemeanor, and upon convic- tion thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars and shall also be subject to removal from office by a civil action. (Laws 1909, ch. 249, sec. 29.) 160 LIBRARIES SCHOOL DISTRICT. [CH. 19 CHAPTER XIX. LIBRARIES. ARTICLE I. SCHOOL DISTRICT LIBRARIES. Librarian to be appointed by district board. 479. School districts may vote a tax not 481. to exceed two mills for district library. 480. The money so collected shall be used for no other purpose. SECTION 479. Library Fund. [7546.] That the several school districts of the state may, at the annual meeting in each year, vote a tax 155 upon all the taxable property of the district, not to exceed two mills 156 on the dollar, which tax shall be certi- fied by the district clerk to the county clerk, at the same time and manner as other school-district taxes are certified; and the county clerk shall place the same on the tax-roll of the county in a separate column, designating the purpose for which such tax was levied; and said tax shall be collected and paid over to the treasurer of said district in all respects as other school-district taxes are collected and paid ; provided, however, that in the districts where the taxable property of the district is more than $20,000 and not more than $30,000, there shall not be levied more than one and one-half mills 156 on the dollar ; and where the taxable property is more than $30,000 and not more than $50,000, there shall not be levied more than one mill 156 on the dollar ; and in all cases where the taxable property of the district shall exceed $50,000, there shall not be levied more than one-half mill 156 on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.) SEC. 480. How Used. [7547.] The money so collected shall be" used under the direction of the board of directors for the purchasing of a school-district library, and for no other pur- pose ; and the district board, in the purchase of books, shall be confined to works of history, biography, science, and travels. (Laws 1876, ch. 122, art. 8, sec. 2.) SEC. 481. Librarian; Rules. [7548.] The district clerk shall be the librarian, unless the board of directors shall ap- point some other competent and suitable person, who shall reside in the district, to perform the duties of that office ; and the board shall have power to make such rules and regulations in regard to the management of said library as they shall deem best, and they shall revise and change said rules from time to time as the necessities of the case may require. (Laws 1876, ch. 122, art. 8, sec. 3.) 155. The library tax is an additional levy. 156. Limited to twenty-five per cent of the above amounts by Laws 1909, ch. 245, sec. 25 (section 474 of this book). CH. 19] LIBRARIES STATE TRAVELING. 161 ARTICLE II. KANSAS STATE TRAVELING LIBRARIES AND ARLINGTON ART GALLERY. 482. Management of library. 484. Management of gallery. 483. Aplington art gallery. SECTION 482. Management of Library. [8252.] That the Kansas Traveling Libraries Commission shall have the man- agement of the traveling library department of the state li- brary, shall make such rules for the government of such de- partment and the use of the books and other property thereof as they may deem necessary, and, under such regulations as they may prescribe, they may send out temporarily from the miscellaneous department of the state library such books (not including reference books or other books inappropriate for such purposes) as may be designated for that purpose by the directors of the state library and any books specially given to or bought for such traveling libraries to any library in the state, or to any community or organization not yet having an established library but which has conformed to the conditions of said regulations of said commission, and such books, when so sent out to such library, community, or organization, shall be there kept for the use of the public, subject to such reason- able regulations with reference thereto as may be adopted by said commission. And said commission shall from time to time so send out and distribute such books throughout the state, and at suitable intervals change such distribution, in such manner as to secure to the greatest practicable degree the use and enjoyment of such books to the people of the entire state. Said commission shall be entitled to receive the assist- ance of the assistant librarian of the state library who is in charge of the miscellaneous department of the state library. (Laws 1899, ch. 163, sees. 3 and 4.) SEC. 483. Aplington Art Gallery. [8254.] That the state of Kansas accepts the proffer made by the Kansas Federation of Women's Clubs, and takes the collection of carbon photo- graphic reproductions of the world's famous paintings for cir- culation amongst and for the use of the people of the state; provided, that the collection shall be marked and known as "The Aplington art gallery." (Laws 1907, ch. 385, sec. 1.) SEC. 484. Management of Gallery. [8255.] That the Ap- lington art gallery is hereby constituted a part of the Kansas traveling libraries, and is placed under the direction and con- trol of the Kansas Traveling Libraries Commission, with the same powers, duties and restrictions as are provided for the care, circulation and distribution of books belonging to the Kansas traveling libraries by chapter 163, Laws of 1899. (Laws 1907, ch. 385, sec. 2.) -6 162 NIGHT SCHOOLS. [CH. 20 CHAPTER XX. NIGHT SCHOOLS. 485. School boards shall have power to establish night schools. 486. Cost paid from public school fund. ?487. Sessions; term. 488. Equipment; rules and regulations. 489. Teachers; qualifications; certificates. SECTION 485. School Boards Shall Have Power to Establish Night Schools. [Laws 1913, ch. 267, sec. 1.] The school board of any district or the board of education of any city in this state shall have the power to establish and maintain free public night schools in connection with the public school of such district or city, for the instruction of persons of the age of fourteen years and over residing in said district or city, not required by law to attend the public day school therein ; pro- vided, that it shall be the duty of such board to establish and maintain such public night school whenever petitioned in writ- ing therefor by the parents or guardians of ten persons eligible to attend said night school; provided further, that said board may discontinue such night school whenever the average nightly attendance thereof shall be not more than seven. SEC. 486. Cost Paid from Public School Fund. [Laws 1913, ch. 267, sec. 2.] The cost of establishing and maintaining said public night school shall be paid from the public school fund of said district or city and the said night school shall be a part of the public school system, and governed, as far as practicable, in the same manner and by the same officers as provided by law for the government of the other public schools of this state ; provided, that nothing in this act shall be construed to change the law, not in conflict herewith, relating to the public day schools of this state; and provided further, that nothing in this act shall be held to compel attendance upon such public night school. SEC. 487. Sessions; Term. [Laws 1913, ch. 267, sec. 3.] The sessions of said public night school shall be held at night on not less than three nights each week during the continu- ance of such school in one or more of the regular class rooms in one or more of the public school buildings of said district or city, and the term or terms of said public night school shall continue only during the term or terms of the regular public school in such district or city; provided, that said night school term shall begin not later than the fifteenth day of October of any year and shall continue for not less than five months there- after, except as provided in section 1 of this act. SEC. 488. Equipment; Rules and Regulations. [Laws 1913, ch. 267, sec. 4.] The board, as far as practicable, shall furnish the same equipment used in the public day school of said dis- trict or city, and shall provide for the courses of study, rules CH. 20] NIGHT SCHOOLS. 163 and regulations, not in conflict herewith, that it may deem best for such night school. SEC. 489. Teachers; Qualifications; Certificates. [Laws 1913, ch. 267, sec. 5.] The board shall hire one or more teach- ers, who may or may not be employed as a public school teacher, having the like qualifications, evidenced by the proper teacher's certificate, required by law for teachers in the public day school of such district or city, and shall pay said night school teacher a monthly salary, calculated upon the number of hours actually spent in teaching in said night school, and in the man- ner provided by law for the paying of teachers in the public schools of said district or city. 493. County treasurer custodian of funds. 494. County superintendent shall trana- mit funds. 495. Normal institute fund; state appro- priation. 496. Disbursements. 497. Union institutes. 164 NORMAL INSTITUTES. [CH. 21 CHAPTER XXI. NORMAL INSTITUTES. 490. Normal institutes to be held an- nually. 491. Conductors and instructors; certifi- cate of special qualifications re- quired. 492. Normal-institute fund, how raised; each candidate for a teacher's cer- tificate shall pay a fee of one dollar. SECTION 490. Normal Institutes. [7509.] The county su perintendents of public instruction shall hold annually, in their respective counties, for a term of not less than four weeks, a normal institute for the instruction of teachers and those desiring to teach ; provided, that in the sparsely settled portions of the state, two or more counties may be united in holding 1 one normal institute, as hereinafter provided. (Lawg 1877, ch. 136, sec. 1.) SEC. 491. Conductor and Instructors. [7510.] The county superintendent of public instruction, with the advice and con- sent of the state superintendent of public instruction, shall determine the time and place of holding such normal insti- tutes, and shall select a conductor and instructors for the same; provided, that no person shall be paid from the insti- tute funds 157 for services as conductor or instructor of said institutes who has not received a certificate 158 from the state board of examiners as to his special qualifications 159 for that work. 160 (Laws 1877, ch. 136, sec. 2.) SEC. 492. Normal-institute Fund; Fees; County Appro- priation. [7511.] To defray the expenses of said institute, the county superintendent shall require the payment of a fee of one dollar from each candidate for a teacher's certificate, 161 157. The law does not forbid the county superintendent to permit a person who has not been authorized by the State Board of Education to instruct in his institute, but he can not pay for said services from the public funds. 158. Holders of special institute certificates must confine their in- struction to the branches named in said special certificates. 159. It is contrary to public policy for an uncertificated person to in- struct in a normal institute. 160. The county superintendent can conduct or instruct in his own in- stitute without a certificate, but he can not legally draw pay for such service. 161. The county superintendent must require the payment of a fee of one dollar from each candidate for a teacher's certificate. This fee should also be charged for temporary certificates and for the renewal of profes- sional certificates. This fee should be collected in advance, and it can not be returned to the unsuccessful applicant. CH. 21] NORMAL INSTITUTES. 165 and the payment of one dollar registration fee for each person attending the normal institute ; and the board of county com- missioners shall appropriate such sum as the county superin- tendent may deem necessary, for the further support of such institutes; 162 provided, such appropriation does not in any one year exceed the sum of $100. (Laws 1901, ch. 267, sec. 1.) SEC. 493. Custodian. [7512.] The fund thus created shall be designated the "normal-institute fund," and the county treasurer shall be the custodian of said fund. (Laws 1877, ch. 136, sec. 4.) SEC. 494. County Superintendent Shall Transmit Funds. [7513.] The county superintendent shall, monthly, and at the close of each institute, transmit to the county treasurer all moneys received by him, as provided in section 3, 163 together with the name of each person so contributing, and the amount ; and the county treasurer shall place all such moneys to the credit of the "normal-institute fund." (Laws 1877, ch. 136, sec. 5.) SEC. 495. Normal Institute Fund; State Appropriation. [Laws 1911, ch. 270, sec. 1.] That section 7514 of the General Statutes of Kansas of 1909 be and the same is hereby amended so as to read as follows : Sec. 7514. It shall be the duty of the state superintendent of public instruction, annually, when twenty-five persons have registered as members of any normal institute organized under the provisions of this act and have paid the required registration fee, to certify the same to the auditor of state, who shall forward to the county treasurer of said county an order on the treasurer of the state for the sum of fifty dollars, to be paid out of any money appropriated for that purpose ; which amount the county treasurer shall place to the credit of the "normal-institute fund" ; provided, that when two or more counties shall unite in holding a normal institute in accordance with the provisions of the next succeeding section, and there shall be registered as members of such institute a number of persons which equals or exceeds the average of twenty-five for each county thus uniting, that said institute shall be entitled to receive the sum of fifty dollars for each county so united. SEC. 496. Disbursements. [7515.] All disbursements of the "normal-institute fund" shall be upon the order of the county superintendent, and no orders shall be drawn on said fund except for claims approved by the county superintendent, 162. The board of county commissioners are required by law to make this appropriation. 163. Section 492 of this book. 166 NORMAL INSTITUTES. [CH. 21 for services rendered or expenses incurred in connection with the normal institutes. 164 (Laws 1877, ch. 136, sec. 7.) SEC. 497. Union Institutes. [Laws 1911, ch. 270, sec. 2.] That section 7516 of the General Statutes of Kansas of 1909 be and is hereby amended to read as follows : Sec. 7516. Two or more counties, each having less than 12,000 inhabitants, may unite in holding one normal institute, with the consent and by the direction of the state superintendent of public in- struction; provided, that aside from determining the time and place of holding the normal institute and contracting with a conductor and instructors for the same, the superintendent of the county in which the institute shall be located shall be, in charge of the same and direct and determine all matters of details ; and such superintendent shall draw all orders upon the normal-institute fund as provided in the original act ; and provided, that the treasurer of the county in which such normal institute is held shall be the custodian of the ''normal-institute fund" to whom the state and county appropriations for the benefit of the normal institute shall be transmitted, and to whom the several county superintendents of the counties thus uniting shall transmit the fees collected, as provided in the original act; and providing further, that if a surplus should exist after payment of all the expenses of the normal institute the same shall be distributed equally among the normal-in- stitute funds of the counties thus uniting. 164. It is unlawful for the county treasurer to pay an order on the "normal-institute fund" drawn "for services rendered," in favor of any person not holding the certificate of the State Board of Education for institute work. CH. 22] NORMAL TRAINING. 167 CHAPTER XXII. NORMAL TRAINING. 502. Academies eligible. 503. Appropriation for normal training. 504. Appropriation for agriculture and domestic science. 498. Normal courses in high schools. 499. State aid. 500. Rules and regulations by State Board of Education. 501. Examination; certificates. SECTION 498. Normal Courses in High Schools. [7845.] That for the purpose of affording increased facilities for the professional training of those preparing to teach, and par- ticularly those who are to have charge of our rural schools, the State Board of Education shall make provisions for normal courses of study and for normal training in such high schools as said Board of Education shall designate ; provided, that said high schools shall be selected and distributed with regard to their usefulness in supplying trained teachers for schools in all portions of the state and with regard to the number of teachers required for the schools in each portion of the state. (Laws 1909, ch. 212, sec. 1.) SEC. 499. State Aid. [7846.] Each high school designated for normal training and meeting the requirements of the State Board of Education shall receive state aid to the amount of five hundred dollars per school year, to be paid in two equal installments, on the first day of March and the first day of June each year, from the state treasury, on a voucher certified to by its superintendent or principal and approved by the state superintendent of public instruction ; provided, that no part of such money received from the state shall be used for any other purpose than to pay teachers' wages; and provided further, that in case more than one high school in any one county shall establish a normal course in accordance with the provisions of this act and shall be accredited by the State Board of Educa- tion the total state aid distributed in such counties shall not exceed one thousand dollars, and in case there are more than two high schools in any one county designated and accredited by the said State Board of Education state aid to an amount not exceeding one thousand dollars shall be equally divided among said schools. (Laws 1909, ch. 212, sec. 2.) SEC. 500. Rules and Regulations by State Board o/ Educa- tion. [7847.] In order that a high school shall be eligible to receive state aid under this act it shall have in regular attend- ance in its normal-training courses at least ten students during each semester, and such normal-training work shall be given under such rules and regulations as the State Board of Educa- tion may prescribe; subject to the provisions of this act. (Laws 1909, ch. 212, sec. 3.) SEC. 501. Examination; Certificates. [7848.] On the third Friday and Saturday of May each year, in each high school 168 NORMAL TRAINING. [CH. 22 accredited under the provisions of this act, an examination of applicants for normal-training certificates shall be conducted, under such rules as the State Board of Education may pre- scribe. This examination shall be in charge of two competent persons appointed by said board. The said State Board of Education shall prepare the questions and fix the standard for the issuing of said certificates ; provided, that said certificates shall be issued only to graduates of said normal courses of study, and shall be issued for a period of two years, and shall be renewable on conditions established by the State Board of Education. A fee of one dollar shall be charged each appli- cant, and the money so collected shall be turned over to the treasurer of the school where such examination is held, and the treasurer of such school shall pay the persons conducting said examination for their services in a sum not to exceed three dollars per day each. The manuscripts shall be properly wrapped and sealed and sent to the state superintendent of public instruction, accompanied by a fee of ten dollars from the funds of the schools. All moneys received by the state superintendent of public instruction from such source shall be turned into the state treasury, and shall become available to pay the expenses incurred by the State Board of Education in securing and paying for a competent examination and grading of said manuscripts. Said certificate shall be issued by the State Board of Education and shall be valid in any county of the state. All moneys received from such source during the fiscal years ending June 30, 1910 and 1911, are hereby appro- priated to pay for said expenses of said State Board of Educa- tion. Said expenses shall be paid on the warrants of the state auditor upon the filing of proper vouchers approved by the state superintendent of public instruction. (Laws 1909, ch. 212, sec. 4.) SEC. 502. Academies Eligible. [7849.] Accredited acad- emies are eligible to the operation of this act, except as to receiving state aid. (Laws 1909, ch. 212, sec. 5.) SEC. 503. Appropriation for Normal Training. [Laws 1913, ch. 48, sec. 1.] There is hereby appropriated for normal- training courses in high schools seventy-five thousand dollars ($75,000) for the year 1914, and seventy-five thousand dollars ($75,000) for the year 1915, or so much thereof as may be necessary to carry out the provisions of the normal-training act of 1909, being chapter 212 thereof, also provisions of the normal-training act of 1911, being chapter 24 thereof, and the rules and regulations of the State Board of Education made in accordance therewith; provided, that no high school situated in the cities having state normal schools shall receive said aid. SEC. 504. Appropriation for Agriculture and Domestic Science. [Laws 1913, ch. 48, sec. 2.] There is hereby appro- priated for the year 1914 fifty thousand ($50,000) dollars and CH. 22] NORMAL TRAINING. 169 for the year 1915 fifty thousand ($50,000) dollars to be ex- pended as follows, and to be distributed in the same manner as is provided for the distribution of the state aid for normal- training courses. Any high schools that now maintain a normal- training course under the provisions of chapter 212 of the Ses- sion Laws of 1909 and the 24th chapter of the Session Laws of 1911, or that shall put into operation such normal-training course, shall be entitled to the sum of five hundred ($500) dol- lars per annum ; provided, that such schools shall also maintain courses in the elements of agriculture and domestic science un- der such provisions and regulations as may be established by the State Board of Education; and provided further, that no such school shall be eligible to the five hundred ($500) dollars annual state aid, or any part thereof, .that shall not have at least ten pupils enrolled in such industrial courses each semes- ter. Provided, that the money appropriated for the purposes of this act shall not be used to pay the salary and traveling ex- penses of high-school inspection. 170 PATRIOTIC INSTRUCTION. [CH. 23 CHAPTER XXIIL PATRIOTIC INSTRUCTION. 505. Display of flag. 507. Duty of state superintendent. Rules and regulations. 508. Patriotic exercises. SECTION 505. Display of Flag. [7748.] It shall be the duty of the school authorities of every public school in the several cities, towns, villages and school districts of this state to pur- chase a suitable United States flag, flagstaff, and the necessary appliances therefor, and to display such flag upon, near or in the public-school building during school hours and at such other times as such school authorities may direct. (Laws 1907, ch. 319, sec. 1.) SEC. 506. Rules and Regulations. [7749.] The said school authorities shall establish rules and regulations for the proper custody, care and display of the flag, and, when the weather will not permit it to be otherwise displayed, it shall be placed conspicuously in the principal room of the schoolhouse. (Laws 1907, ch. 319, sec. 2.) SEC. 507. Duty of State Superintendent. [7750.] It shall be the duty of the state superintendent of public instruction of this state to prepare for the use of the public schools of the state a program providing for a salute to the flag at the open- ing of each day f school, and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. It shall also be his duty to make special provision for the observance of [in] such public schools of Lincoln's birthday, Washington's birthday, Me- morial day (May 30), and Flag day (June 14), and such other legal holidays of like character as may be hereafter designated by law. (Laws 1907, ch. 319, sec. 3.) SEC. 508. Patriotic Exercises. [7751.] The state superin- tendent of public instruction is hereby authorized and di- rected to procure and provide the necessary and appropriate instructions for developing and encouraging such patriotic ex- ercises in the public schools, and the state printer is hereby authorized and directed to do such printing and binding as may become necessary for the efficient and faithful carrying out of the purposes of this act. (Laws 1907, ch. 319, sec. 4.) CH. 24] RETIREMENT FUND. 171 CHAPTER XXIV. RETIREMENT FUND. 509. Creation and maintenance. 510. Disbursement. 511. Retirement with thirty years' ex- perience. 512. Retirement on account of disability or incapacity. 513. Refund or transfer of funds 514. Term "teacher" defined. 515. Duty of treasurer. 516. Exemption. 517. Rules and regulations. SECTION 509. Creation and Maintenance. [Laws 1911, ch. 280, sec. 1.] In any city of the first class in the state of Kan- sas there may be created by the board of education of such city a public-school teachers' retirement fund, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner : First, by an assessment of not less than one per cent nor more than one and one-half per cent of every installment of salary paid to a teacher em- ployed in such city; second, by the setting aside from the general fund for the support of the schools in such city, of an amount which shall be not less than one and one- half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; third, by the receipt by the gift or otherwise of any real, personal or mixed property or any interest therein. SEC. 510. Disbursement. [Laws 1911, ch. 280, sec. 2.] Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth ; and any surplus of fund not needed for immediate disbursement may be invested by the board of education of such city, acting as trustees of such fund, in any bonds approved by the State School-fund Com- mission. SEC. 511. Retirement with Thirty Years' Experience. [Laws 1911, ch. 280, sec. 3.] Any teacher who has been credited un- der the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing provision of this section, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate $500 per annum; provided, however, that no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise, not less than one-half of the amount of the first annual pension to 172 RETIREMENT FUND. [CH. 24 which such person shall be entitled. And in order to make up such one-half the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month. SEC. 512. Retirement on Account of Disability or Inca- pacity. [Laws 1911, ch. 280, sec. 4.] Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of edu- cation on account of disability or incapacity, physical or other- wise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of cities of the first class, shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of $500 as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any teacher so retired may, at the discretion of the board of education, should such teach- er's incapacity or disability be removed, be reinstated as a teacher, and any right to any payments from this fund until such teacher again be retired shall cease with such reinstate- ment. And shall any teacher be so reinstated the years of such retirement shall be included in arriving at the term of service when such teacher may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher shall be entitled to receive from the re- tirement fund. SEC. 513. Refund or Transfer of Funds. [Laws 1911, ch. 280, sec. 5.] If at any time a teacher who is willing to con- tinue is not reemployed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher shall be paid back at once the money he or she may have contributed under this act. Should a teacher duly accredited in a city of the first class accept service in the public schools of any other city of the first class, a sum equivalent to all payments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire voluntarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided the board of education shall pay to such teacher's heirs or estate one-half of the amount, without interest, which shall have been paid into such pension fund by said teacher. SEC. 514. Term "Teacher" Defined. [Laws 1911, ch. 280, sec. 6.] In construing this act, the word "teacher" shall in- CH. 24] RETIREMENT FUND. 173 elude all members of the teaching staff employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruc- tion, principals, and teachers. SEC. 515. Duty of Treasurer. [Laws 1911, ch. 280, sec. 7.] It is hereby made the duty of the treasurer of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and orders of the 'board of education of such city. SEC. 516. Exemption. [Laws 1911, ch. 280, sec. 8.] After said retirement fund shall be created by said board of ed- ucation of such city, the salary of any teacher regularly em- ployed by such city shall be exempt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of edu- cation of such city within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any bene- fits from the retirement fund herein provided for. SEC. 517. Rules and Regulations. [Laws 1911, ch. 280, sec. 9.] The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith. 174 SCHOOL-FUND COMMISSIONERS. [CH. 25 CHAPTER XXV. SCHOOL-FUND COMMISSIONERS. 537. State and county superintendent to give notice of unclaimed estates. 538. Probate judge to give notice. 539. County attorney to investigate. 540. Expense of inquiry. 541. Unlawful to act as private attorney. 542. Duty of attorney-general. 543. All bonds belonging to state per- manent school fund shall be con solidated, how. 544. Consolidated bonds shall be regis- tered. 545. Registration of bonds belonging to school fund. 546. Registration of bonds purchased. 547. State treasurer's statement to state auditor. 548. Cancellation of bonds paid. 549. Comparison of registers kept by auditor and treasurer. 550. Penalty for delinquency of statt treasurer. 551. Exchange of bonds. 552. How funding bonds are to b stamped. 553. Record of proceedings. 518. Board of school-fund commissioners, how composed and organized. 519. Meetings. 520. Record of school-fund commissioners. 521. Register of bonds offered and bought. 522. Investment of funds. 523. Quorum. 524. Record of the condition of funds. 525. Where the records shall be kept. 526. Orders to be drawn in payment for bonds purchased. 527. The state treasurer shall be cus- todian. 528. Separate accounts. 529. The commissioners shall collect mon- eys due different funds. 530. Must sell bonds to commission. 531. May purchase at lower interest. 532. Office of loan commissioner of State Agricultural College abolished. 533. Compensation of board. 534. Where person dies without heir and will, county superintendent may file petition in probate court. 535. Probate court to order sale of estate described in petition. 536. Proceeds of sale paid through county treasurer into state permanent school fund. SECTION 518. School-fund Commissioners. [8939.] The state superintendent of public instruction, secretary of state and attorney-general shall constitute a board of commissioners for the management and investment of the state permanent school, State Normal School and State University funds. Such board shall be organized as follows: The secretary of state shall be the president of such board, and the state superintend- ent of public instruction shall be the secretary thereof. In the absence of either of said officers, the attorney-general shall act as president, or as secretary, as the case may require. Such commissioners, when acting as such, must act personally. No member thereof can be represented in such board by any as- sistant or clerk in the office of which such member is the chief officer. (Laws 1879, ch. 166, sec. 113.) SEC. 519. Meetings. [8940.] Such board of commissioners shall meet regularly in the office of the state superintendent of public instruction, on the last Saturday of each month, at ten o'clock A. M. Special meetings of the board may be held at any time at the call of any member. (Laws 1879, ch. 166, sec. 114.) SEC. 520. Records. [8941.] Said commissioners shall keep in a -suitable book a full and correct record of all their pro- ceedings at every session of the board, which shall include all of the matters required to be recorded as hereinafter specified in this act, and which record, at the close of each session, shall be signed by the president and secretary. (Laws 1905, ch. 472, sec. 1.) CH. 25] SCHOOL-FUND COMMISSIONERS. 175 SEC. 521. Register of Bonds Offered and Bought. [8942.] They shall also keep such other books as may be necessary to properly register and describe all bonds offered to them and all bonds bought by them for the benefit of the permanent school, State Agricultural, State Normal and State University funds, or either. Such record-books shall be ruled so as to en- able the board to register the name and residence of the person offering to sell any such bonds, the price at which bonds were offered, the name and residence or location of the owner or municipal corporation for whom such offer is made, and a full detailed description of every bond so offered, including the date, number, series, amount and rate of interest of each bond, and when the interest and principal, respectively, are payable, and the date, amount and number of each coupon, and when pay- able, the name, residence and post-office address of the owner, the name, residence and post-office address of the agent or at- torney representing the owner of such bonds, what disposition the owner of the bonds claims has been made of the missing cou- pons, if any ; and upon the presentation of any bond or bonds for the purchase by the School-fund Commission, such bond or bonds, together with the record of the proceedings connected with the issuance of such bond or bonds, shall first be submitted to the attorney-general for his opinion as to the validity thereof. It shall be the duty of the attorney-general to immediately ex- amine such bond or bonds and proceedings, and report thereon in writing to the School-fund Commission as to their validity. Upon receipt of such opinion, and before the board shall act upon the question of purchasing such bond or bonds, if the at- torney-general approves them as valid, then the record herein- before provided for shall be made, and such record shall in- clude the opinion of the attorney-general as to the validity thereof. (Laws 1905, ch. 472, sec. 2.) SEC. 522. Investment of Funds. [8943.] Said board of com- missioners shall have the power, and it is hereby made their duty, from time to time, to invest any moneys belonging to the permanent school fund, State Agricultural College, State Nor- mal and State University funds in the bonds of the United States, or bonds of the state of Kansas, or bonds of any mu- nicipality of the state of Kansas, school-district bonds, bonds of boards of education, and in the warrants issued by the auditor of state on the state treasurer and by him stamped "Not paid for want of funds/' In making such investment, they shall not pay for any such bonds or warrants any greater sum than par, nor more than the actual market price thereof at the time of purchasing the same, less than par; and whenever any mu- nicipality of the state of Kansas shall offer its bonds for sale the State School-fund Commissioners shall have the power to buy the same, if the validity thereof shall have been approved by the attorney-general ; provided, that the commissioners shall 176 SCHOOL-FUND COMMISSIONERS. [CH. 25 not invest in any other bonds which, together with other out- standing bonded indebtedness, shall exceed fifteen per cent of the assessed valuation of said municipality as returned and fixed by such municipality. (Laws 1905, ch. 472, sec. 3.) SEC. 523. Quorum. [8944.] Any two members of said board shall constitute a quorum. But such board shall not purchase any school-district bond or bonds except at a legal session thereof, nor unless every member of the board is noti- fied in time to be present at such meeting, and notified also that the question of purchasing such bonds is to be considered thereat, designating the bonds. (Laws 1879, ch. 166, sec. 118.) SEC. 524. Record of Funds. [8945.] Said commissioners shall keep a record showing a detailed statement of the condi- tion of the state permanent school fund, State Agricultural, State Normal and State University funds under their control, amount of each fund, how invested, when due, interest paid, and every other act in any manner connected with the manage- ment and investment of said funds ; and the state superintend- ent of public instruction shall biennially report all such in- vestments to the governor, to be laid before the legislature, and shall also cause to be published at the end of each quarter of the calendar year, in the official state paper, a statement of the amount of each of such funds then on hand, the amount of each fund invested during this quarter, and a full descrip- tion of the said bonds bought for each fund, date of such bonds, amount, rate of interest, when payable, number of coupons attached when bought, from whom purchased, and the price or rate paid therefor. (Laws 1905, ch. 472, sec. 4.) SEC. 525. Where Records Shall be Kept. [8946.] All the record-books and records of such board shall be kept in the office of the state superintendent of public instruction, but the same shall be open during office hours for the inspection of every citizen of the state of Kansas. (Laws 1905, ch. 472, sec. 5.) SEC. 526. Orders Drawn. [8947.] In the investment of the state permanent school, State Agricultural, State Normal and State University funds, the commissioners are hereby author- ized to draw their orders on the state treasurer, payable out of the fund invested, for the purchase-price of the bond, bonds, or warrants, which orders, previous to their delivery, shall be registered in the state treasurer's office in a book provided for that purpose. Such orders shall not be drawn until the bonds purchased for which the order is drawn shall have been de- livered to the state auditor for record and stamped as herein provided. Immediately upon the receipt of such bonds, the state auditor shall cause each bond and coupon to be plainly stamped upon the back thereof, "Property of the state fund, nonnegotiable and nontransferable," with the name of the fund for which such bond is purchased. He will also cause CH. 25] SCHOOL-FUND COMMISSIONERS. 177 to be made in a book kept for that purpose a record of each of such bonds and each coupon thereto attached, which record shall show amount, date and rate of interest of such bond, when and where payable, the date, amount and number of each coupon and when payable. Whenever any bond or coupon shall have been paid, and one of the duplicate receipts therefor, issued by the state treasurer, shall have been received by the auditor of state, he shall credit such bond or coupon and charge the state treasurer with the amount so received. Semi- annually, on the 1st day of March and September of each year, the state auditor shall compare said record with the similar record herewith required to be kept by the state treasurer and verify the same. (Laws 1905, ch. 472, sec. 6.) SEC. 527. State Treasurer Shall be Custodian. [8948.] All moneys belonging to the state permanent school, State Agri- cultural, State Normal and State University funds shall be paid to and held by the state treasurer, and shall be subject to the order of the Board of School-fund Commissioners. The state treasurer shall also be the custodian of all bonds, notes, mortgages and evidences of debt arising out of the manage- ment and investment of the state permanent school, State Agricultural, State Normal and State University funds by said board of commissioners. Immediately upon the receipt by the state treasurer from .the auditor of state of any bond, coupon or warrant stamped as herein required and purchased by the State School-fund [Commissioners] for any of the said funds, it shall be the duty of the state treasurer to immediately cause to be recorded, in a book to be kept for that purpose, a detailed description of such bond, coupon, or warrant, showing the date thereof, amount, when payable, rate of interest, number, by whom issued, where payable, and shall give to the auditor of state his receipt therefor. When ever "any such bond, coupon or warrant is paid, the state treasurer shall credit upon such record the amount of such payment and charge himself with the money, and shall issue his receipt for said sum in dupli- cate, one copy of which shall be transmitted to the auditor of state. (Laws 1905, ch. 472, sec. 7.) SEC. 528. Separate Account. [7724.] He shall keep in a separate book an account of all school moneys received by him, distinguishing between the perpetual fund and the annual fund for disbursement, and shall report to the state superintendent on the 1st day of February and 1st day of August of each year the amount of money in his hands belonging to the permanent school fund and subject to investments, and on the 1st day of March and on the 25th day of July of each year the state treas- urer shall report to the superintendent of public instruction the amount of money in the treasury belonging to the annual school fund and subject to disbursement on the semiannual dividends. (Laws 1876, ch. 122, art. 16, sec. 3.) 178 SCHOOL-FUND COMMISSIONERS. [CH. 25 SEC. 529. Collection of Moneys. [8949.] It shall be the duty of said board of commissioners, from time to time, as soon as may be practicable, to collect all moneys due and owing to the state permanent school, State Agricultural, State Normal and State University funds, and make investments of the same as herein required. If any such moneys shall remain unpaid for thirty days after the same become due and payable, the com- missioners shall notify the attorney-general of that fact, and it shall then be his duty to then proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. (Laws 1905, ch. 472, sec. 8.) SEC. 530. Must Offer Bonds to Board. [8950.] That the several municipal officers who have charge of the sale of any bonds hereafter to be issued, which the board of commissioners of the state permanent school fund are authorized to purchase under the law, are hereby directed to sell such bonds to said board of commissioners of the state permanent school fund, if it will pay par for the same; and it shall be unlawful for any such municipal boards, members thereof or other mu- nicipal officers to sell any such bonds without having first offered such bonds to said board of commissioners of the state permanent school fund ; and every municipal board or member thereof, or other municipal officer, who shall sell any such bonds to any other person at any price,, without having first given the board of commissioners of the state permanent school fund an opportunity to purchase same, as hereinbefore provided, and every other officer violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding six months, and shall forfeit his office. (Laws 1905, ch. 472, sec. 9.) SEC. 531. May Purchase at Lower Interest. [8951.] Said School-fund Commissioners may in their discretion agree with the parties offering bonds to take such bonds at par at a lower rate of interest than the interest stipulated in the bonds and coupons thereto attached. In case any such bonds so pur- chased by said board of commissioners provide for a higher rate of interest than the rate of interest at which they are purchased by said board, the rate at which they are purchased shall be distinctly noted upon such bonds and the coupons thereto attached, and the amount of such coupons shall be reduced accordingly, and the same notation shall be made on the record of such bonds kept in the office of such board. (Laws 1905, ch. 472, sec. 10.) SEC. 532. Office of Loan Commissioner Abolished. [8952.] The loan commissioner for the board of regents of the State Agricultural College shall, immediately upon the taking effect of this act, deliver to the state treasurer all moneys, evidences of indebtedness, securities, books and records belonging or CH. 25] SCHOOL-FUND COMMISSIONERS. 179 appertaining to the State Agricultural College fund, and shall take the receipt of the treasurer therefor. All moneys belong- ing to said funds and so delivered to the state treasurer shall become subject to the provisions of this act. It shall be the duty of the said board of regents and the state accountant, immediately upon the taking effect of this act, to make final settlement with the loan commissioner, to close the accounts thereof with said loan commissioner, and the office of said loan commissioner is hereby ablished. (Laws 1905, ch. 472, sec. 11.) SEC. 533. Compensation. [7697.] Said board of commis- sioners shall receive such pay for their services as may be prescribed by law. (Laws 1876, ch. 122, art. 15, sec. 6.) SEC. 534. Unclaimed Estates. [7699.] In all cases where persons die without heirs, and intestate, it shall be lawful for the superintendent of public instruction of the county where any land lies, belonging to the estate of such person dying without heir and will, after a lapse of three years from the date of letters of administration upon such estate, to file a petition in the probate court of the county granting such let- ters, setting forth in said petition (1) that such deceased per- son died without heirs, and intestate; (2) that three years have elapsed since the date of letters of administration; (3) a description of the real estate; (4) that no debts remain unpaid of this estate not barred by the statute of limi- tation. Such petition shall be verified by the affidavit of the county superintendent of public instruction, or by some per- son who has knowledge of the fact. (Laws 1876, ch. 122, art. 15, sec. 8.) SEC. 535. Sale of Real Estate. [7700.] It shall be the duty of the probate court, on the filing of the petition mentioned in the preceding section, and being satisfied that the facts stated in said petition are true, to issue an order to the ad- ministrator to sell the real estate described in such petition, in the same manner as real estate is sold by administrators for the payment of debts due from deceased persons; and the same proceedings shall be had in confirming the sale and the execution of the deed by the administrator as are provided by law for the sale of real estate for the payment of the debts of any deceased person. (Laws 1876, ch. 122, art. 15, sec. 9.) SEC. 536. Proceeds of Sale. [7701.] It shall be the duty of the administrator, after the payment of the costs of said pe- tition and making said sale and six per cent commission to such administrator, to pay the county treasurer of the county where the land is situated the remainder of the purchase- money for the benefit of the common schools of the state, and shall take duplicate receipts therefor; and it shall be his duty to file one of such duplicates with the probate court of the proper county. If, at any time within twenty-one years after 180 SCHOOL-FUND COMMISSIONERS. [CH. 25 the date of payment of said money to the county treasurer, any person shall appear and claim said money as the rightful heir to said estate, and shall prove heirship satisfactory to the probate court, the judge of said court shall so certify, and the state treasurer shall pay over to such claimant the sum so received from the county treasurer from such estate. (Laws 1876, ch. 122, art. 15, sec. 10.) SEC. 537. State and County Superintendents to Give Notice of Unclaimed Estates. [Laws 1913, ch. 273, sec. 1.] That it shall be the duty of the state superintendent of public in- struction and the county superintendent of public instruction whenever they, or either of them, have notice or knowledge of the existence of an estate of a person who has died without .heir or bona fide will to notify the county attorney of the county in which the estate or any part of it is located, and to notify the attorney-general in like manner. SEC. 538. Probate Judge to Give Notice. [Laws 1913, ch. 273, sec. 2.] Whenever it shall come to the notice of the pro- bate judge that an estate of a deceased person is being ad- ministered under the supervision of his court, and the heirs or devisees, or pretended heirs or pretended devisees, are un- known to the probate judge it shall be the duty of such probate judge to notify the county attorney of the fact of such adminis- tration and to notify the attorney-general in like manner. SEC. 539. County Attorney to Investigate. [Laws 1913, ch. 273, sec. 3.] Whenever it shall come to the notice of the county attorney that there exists in his county the estate of a person who has died without heir or will, it shall be his duty to in- vestigate and closely scrutinize the claims of such claimants, and to prevent the spoliation of such estates by fraudulent claimants, and to conserve and secure all such estates for the benefit of the school fund where the claimants are not entitled thereto. SEC. 540. Expense of Inquiry. [Laws 1913, ch. 273, sec. 4.] Whenever in the opinion of the probate judge the in- terests of the school fund so require, the probate court may make an allowance out of the estate to defray the reasonable expenses of the county attorney in making inquiries and in the examination of witnesses touching the rights of claimants to the estate of any such deceased person ; but no expense to the estate shall be incurred under the provisions of this act where there are one or more heirs or devisees residing in the county, or where any one or more of the heirs or devisees are person- ally known to the probate judge. SEC. 541. Unlawful to Act as Private Attorney. [Laws 1913, ch. 273, sec. 5.] It shall be unlawful for either the at- torney-general or county attorney to be employed as a private attorney in behalf of any pretended heir or devisee not residing in the county where the estate is located in any matter or CH. 25] SCHOOL-FUND COMMISSIONERS. 181 proceeding before the probate court or where the rights of such pretended heir or devisee may be affected by the judgment or opinion of any county thereon. SEC. 542. Duty of Attorney-general. [Laws 1913, ch. 273, sec. 6.] It shall be the duty of the attorney-general to see that this act is enforced and obeyed, and whenever in his opinion, or in the opinion of the governor, the public interests require it, the attorney-general may supersede the county at- torney and perform his duties in the prosecution or defense of the interests of the school fund under this act. SEC. 543. Consolidation of Bonds. [7702.] It is hereby made the duty of the School-fund Commissioners to consolidate all state bonds now belonging to or hereafter coming into pos- session of the permanent school fund, in the following manner, to wit: All bonds falling due on the same date and bearing the same rate of interest shall be consolidated into one bond, of equal amount to the bonds so consolidated; and coupons of interest shall be attached thereto, of equal amount to the consolidated coupons, and payable in the same manner as the coupons of the bonds so consolidated; such consolidated bonds shall be made out by the auditor of state, signed by the governor, and attested by the secretary of state, and shall be made payable to the permanent school fund of the state of Kansas, and shall have imprinted on their face the words, "Not transferable." All bonds presented by the School-fund Commissioners shall, in their presence, be can- celed and destroyed by the auditor of state, after a consoli- dated bond shall have been issued for the same. (Laws 1876, ch. 122, art. 15, sec. 11.) SEC. 544. Registry of Consolidated Bonds. [7703.] All consolidated bonds shall be registered by the auditor as other state bonds now are registered. (Laws 1876, ch. 122, art. 15, sec. 12.) SEC. 545. Registration of Bonds Belonging to School Fund. [7709.] Immediately after the passage of this act, it shall be the duty of the auditor of state to prepare a register of all bonds belonging to the permanent school fund. (Laws 1877, ch. 172, sec. 1.) SEC. 546. Registration of Bonds Purchased. [7710.] That it shall hereafter be the duty of the commissioners of the per- manent school fund to present to the auditor of state all bonds which may hereafter be purchased by them prior to the deposit of the same with the state treasurer, and it shall be the duty of the auditor to register all bonds so presented. (Laws 1877, ch. 172, sec. 2.) SEC. 547. Treasurer's Statement. [7711.] That it shall be the duty of the state treasurer, immediately after collecting any interest on such bonds or the principal of the same, to 182 SCHOOL-FUND COMMISSIONERS. [CH. 25 file with the auditor a detailed statement or statements of the amount or amounts so collected, stating the name of the county, the number of the district, the number of the cou- pons or bonds paid by such district, and the amount paid; and the said treasurer shall cancel on the register in his of- fice all coupons and bonds so paid. (Laws 1877, ch. 172, sec. 4.) SEC. 548. Cancellation of Bonds and Coupons. [7712.] That immediately after the filing of such statement or statements by the treasurer, the auditor shall cancel such coupons or bonds as are designated in said statement or statements upon the register in his office, and charge the treasurer with the amounts. (Laws 1877, ch. 172, sec. 5.) SEC. 549. Bonds to be Compared. [7713.] That it shall be the duty of the auditor of state, on the first Monday in August of each year, to compare the register kept by him with the bonds in the treasurer's office, and shall at the time of com- paring such register require the treasurer to produce all cou- pons and bonds remaining unpaid, which shall be compared with the register. (Laws 1877, ch. 172, sec. 6.) SEC. 550. Penalty. [7714.] That any state treasurer who shall fail or refuse to comply with the provisions of section 3 and section 5 of this act 165 shall be deemed guilty of having converted the same to his own use, and shall upon conviction be subject to all the penalties provided for in section 56 of chapter 102, General Statutes of the state of Kansas. (Laws 1877, ch. 172, sec. 7.) SEC. 551. Exchange of Bonds. [7715.] The board of com- missioners for the management of the state permanent school fund shall have the power to exchange any school-district or board-of-education bonds belonging to the permanent school funds now in the state treasury for other bonds of the same district or board of education bearing a lower rate of interest and running a longer time than the bonds exchanged, upon the application of the proper officers of such school district or board of education; provided, that they shall not receive any funding bonds running a less time than five years; and pro- vided further, that the rate of interest on bonds so accepted by said commissioner shall not be- less than four per cent. (Laws 1907, ch. 377, sec. 1.) SEC. 552. Funding Bonds to be Stamped. [7719.] All bonds accepted as funding bonds by the board of commissioners shall be stamped by the auditor and deposited with the state treas- urer, and the auditor shall charge the treasurer with the amount in the same manner as though said bonds had been purchased for cash. (Laws 1879, ch. 160, sec. 5.) SEC. 553. Record of Proceedings. [7717.] The said board 165. Section 548 of this book. CH. 25] SCHOOL-FUND COMMISSIONERS. 183 of commissioners, after having examined and accepted any funding bonds as contemplated in section 1 of this act,, shall make a certificate in duplicate, directed to the state treasurer, stating that they have examined and accepted the funding bonds of school district No. , of the county of , or board of education of the city of , for the sum of dollars, in lieu of bonds numbered , for like amount issued by said district or board of education, now in the state treasury, and belonging to the fund, and the treasurer of state is authorized to cancel and return the bonds so funded, together with the coupons attached thereto, and not matured, to the proper officer of the county, city or school district, which said certificate shall be signed by a majority of the said commissioners, one of which shall be filed with the auditor of state and the other delivered to the state treasurer. (Laws 1879, ch. 160, sec. 3.) 184 STATE ANNUAL SCHOOL FUND. [CH. 26 CHAPTER XXVI. STATE ANNUAL SCHOOL FUND. 558. County treasurer, upon proper ap- plication, shall pay over moneys to district treasurer. 559. Each insurance company doing busi- ness in the state shall annually pay fifty dollars into the state annual school fund. 554. State annual school fund shall con- sist of what. 555. State treasurer hold annual school fund subject to order of state su- perintendent. 556. Treasurer shall pay county treasurer on order of state superintendent. 557. County treasurer shall apply to state treasurer for school moneys ap- portioned to county. SECTION 554. Shall Consist of What. [7722.] The state an- nual school fund shall consist of the annual income derived from the interest and rents of the perpetual school fund, as provided in the constitution of the state. (Laws 1879, ch. 149, sec. 4, March 13.) SEC. 555. State Treasurer. [7723.] The state treasurer shall receive all the annual income of the state appropriated for the annual support of schools, whether derived from the interest of moneys loaned, rents of school-lands, or annual tax, and hold the same subject to the order of the state superin- tendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 2.) SEC. 556. Payment. [7725.] He shall pay over to the treas- urer of each county, on application, the amount of school money due to said county, on order of the state superintendent of public instruction. (Laws 1876, ch. 122, art. 16, sec. 4.) SEC. 557. County Treasurer. [7727.] The treasurer of each county shall apply for and receive of the state treasurer the school moneys apportioned to his county as soon as the same shall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.) SEC. 558. Pay to the District Treasurer. [7728.] Each county treasurer receiving such moneys shall, upon proper ap- plication of the district treasurer of any district, pay over to the said district treasurer the amount apportioned to the dis- trict by the county superintendent. (Laws 1876, ch. 122, art. 16, sec. 7.) SEC. 559. Insurance Companies. [7729.] . . . Every insurance company doing business in this state shall, in addi- tion to the fees required by this act (chapter 93, Laws 1871), pay into the state treasury, for the benefit of the annual school fund, the sum of fifty dollars each year. (Laws 1876, ch. 122, art. 16, sec. 8.) CH. 27] STATE SUPERINTENDENT. 185 566. May publish the school laws in force, and shall cause the printing and distribution of blanks required in transaction of the common-school business. 567. Shall visit schools and recommend textbooks. 568. Office at seat of government; books, apparatus, reports, etc., to be pre- served therein. 569. Evidence. 570. Biennial report; when it shall be made, and what it shall contain. CHAPTER XXVII. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 560. Official oath and bond. 561. Shall have supervision of the edu- cational interests of the state. 562. May appoint an assistant superin- tendent and a clerk of the board of school-fund commissioners. 563. Apportionment of the annual school fund ; time of making, and basis of the same. 564. Manner of apportioning the state annual school fund. 565. Official opinions to be given at the request of county superintendents, and a record of such decisions kept, SECTION 560. Oath and Bond. [8913.] The state superin- tendent of public instruction shall, before he enters upon the duties of his office, take and subscribe the proper oath of of- fice, and shall execute to the state of Kansas a bond in the sum of $10,000, with two or more sufficient sureties to be ap- proved by the Executive Council, conditioned that he shall faithfully perform the duties of his said office, which oath and bond shall be filed in the office of the secretary of state. (Laws 1879, ch. 166, sec. 78.) SEC. 561. General Duties. [8914.] The educational inter- ests of the state shall be under the supervision and manage- ment of the state superintendent of public instruction, subject to such limitations and restrictions as are or may be pre- scribed by law ; and he shall have and exercise the powers and perform the duties prescribed in the acts relating to common schools. (Laws 1879, ch. 166, sec. 79.) SEC. 562. Assistant and Clerk. [8915.] The state superin- tendent shall have power to appoint an assistant superin- tendent of public instruction, who shall take the proper oath of office, which shall be filed in the office of the secretary of state; and such assistant shall perform such duties as his principal shall prescribe, not inconsistent with law. Such assistant shall be styled the "assistant state superintendent of public instruc- tion," and the state superintendent shall be responsible for all the official acts of such assistant. Such superintendent may also appoint an additional clerk, who shall act as clerk of the board of commissioners for the management and investment of the school fund ; and such clerk shall perform such other duties as the superintendent may require, and for whose official acts such superintendent shall be responsible. (Laws 1879, ch. 1>6, sec. 80.) SEC. 563. Apportionment of School Fund. [8916.] Such state superintendent shall distribute the income of the state 186 STATE SUPERINTENDENT. [CH. 27 school fund and the annual taxes collected by the state for the support of common schools to those counties of the state from which the proper reports have been received by said state super- intendent. Such distribution shall be made twice in each year, as follows : All such moneys received up to the 15th of Febru- ary shall be distributed between the 15th and last day of such month, and that received up to the 15th day of August shall be distributed between the 15th and last day of such month. The apportionment to each county shall be made in proportion to the number of children over the age of five years and under the age of twenty-one years, resident therein, as shown by the last annual report of the county superintendent to the state super- intendent. (Laws 1879, ch. 166, sec. 81.) SEC. 564. Draw Orders. [8917.] Such superintendent shall draw his order on the state treasurer in favor of the county treasurer of the counties respectively entitled to school mon- eys for the amount of such moneys apportioned to his county, and certify the amount of such order to the state treasurer and state auditor, and also to the county clerk and superin- tendent of the proper county. (Laws 1879, ch. 166, sec. 82.) SEC. 565. Official Opinions. [8918.] Such superintendent shall, at the request of any county superintendent, 166 give his opinion, upon a written statement of facts, on all questions and controversies arising out of the interpretation and construc- tion of the school laws in regard to the rights, powers and duties of school-district boards, school officers, and county su- perintendents, and shall keep a record of all such decisions. Before giving any such opinion, the superintendent may sub- mit the statement of facts to the attorney-general for his ad- vice thereon, and it shall be the duty of the attorney-general forthwith to examine such statement, and suggest the proper decision to be made upon such facts. (Laws 1879, ch. 166, sec. 83.) SEC. 566. School Laws and Blanks. [8919.] Such superin- tendent, not oftener than once in two years, may publish the school laws in force, with such forms, regulations, instructions and decisions as he may judge expedient thereto annexed, and shall cause the same to be forwarded to the persons entitled to receive them. He shall prescribe and cause to be prepared all forms and blanks necessary in the details of the common- school system, so as to secure its uniform operation through- out the state ; and shall cause the same to be forwarded to the several county superintendents, to be by them distributed to the several persons or officers entitled to receive the same. (Laws 1879, ch. 166, sec. 84.) 166. The state superintendent is required by law to render an opinion to the county superintendent. Such opinions should always be sought through the county superintendent. CH. 27] STATE SUPERINTENDENT. 187 SEC. 567. Visitation and Textbooks. [8920.] It shall be the duty of such superintendent to visit each county of the state at least once in two years, and as much oftener as consistent with the discharge of his other duties, for the purpose of ad- vancing and promoting the cause of education throughout the state. It shall be his duty to recommend the most approved textbooks for the common schools of the state, and to open such correspondence as may enable him to obtain all necessary information relating to the system of common schools in other states. (Laws 1879, ch. 166, sec. 85.) SEC. -568. Office. [8921.] Such superintendent shall have an office in the capitol, where he shall keep all books and pa- pers pertaining to the duties of his office ; and all books, school and other, and all apparatus, maps and charts now belonging to the office of the state superintendent, and such as may here- after be received for such office by purchase, exchange, or otherwise, shall be kept and preserved in such office, and de- livered by the superintendent to his successor. He shall file and carefully preserve in his office the official reports made to him by the county superintendents of the several counties, trustees or directors of academies, graded schools, or colleges. (Laws 1879, ch. 166, sec. 86.) SEC. 569. Copies of Papers. [8922.] Copies of all papers filed in his office, and the record of his official acts, may be certified by him, and when so certified shall be evidence equally and in like manner as the originals. (Laws 1879, ch. 166, sec. 87.) SEC. 570. Biennial Report. [8923.] The superintendent shall, on the 1st day of December preceding each regular ses- sion of the legislature, make out and deliver to the governor a report containing: (1) A statement of the number of com- mon schools in the state, the number of scholars attending the same, their sex, and the branches taught ; a statement of the number of private or select schools in the state, so far as the same can be ascertained, and the number of scholars attending the same, their sex, and the branches taught; a statement of the number of normal schools in the state, and the number of students attending them; the number of academies and col- leges in the state, and the number of students, and their sex, attending them ; and such other matters of interest as he may deem expedient, drawn from the reports of the county super- intendents of the several counties in the state, and from other reports received on the subject of education from trustees or other school boards within the state. (2) A statement of the condition of the common-school fund of the state, including moneys, school-lands or other property held in trust by the state for the support of common schools, and giving a lull 188 STATE SUPERINTENDENT. [CH. 27 statement of the school-land account of each county. (3) A statement of the receipts and expenditures for the year. (4) A statement of plans for the management and improvement of common schools, and such other information relating to the educational interests of the state as he may deem important. (Laws 1879, ch. 166, sec. 88.) CH. 28] SCHOOL TEXT-BOOK COMMISSION. 189 CHAPTER XXVIIL TEXTBOOKS. ARTICLE I. STATE SCHOOL BOOK COMMISSION. This article contains the textbook act of 1913. Those parts of article II, sections 585 to 616 of this book, which conflict or are inconsistent with this act are no longer in force. 571. Commission created; compensation; 579. Requisition; payments. 580. Application of dealer; agreement. 581. State superintendent to furnish copies of agreement and price lists. 582. Appropriation for ground, buildings, equipment, and expenses. 583. Penalty for increase in price and use of other books. 584. Penalty for violation by members of commission. 572. Chairman; secretary; qualifications, duties, salary. 573. Complete series of textbooks. 574. Powers of commission. 575. Printing at state printing plant. 576. Exclusive use of books required. 577. State printer shall, furnish estimates. 578. Purchase of books; distributing agents. SEC. 571. Commission Created; Compensation; Expenses. [Laws 1913, ch. 288, sec. 1.] For the purpose of carrying out the provisions of this act, there is hereby created a State School Book Commission consisting of seven members which shall be composed of the state superintendent of public in- struction, the president of the State Normal School, the presi- dent of the State Agricultural College, the state printer, the president of the State Board of Agriculture, and two other persons to be appointed by the governor for a term of two years from April 1st, 1913. The commission thus created shall perform the duties and exercise the power granted in this act and shall have all the powers and authority heretofore belong- ing to the School Text Book Commission, except so far as these duties are modified by the provisions of this act. The members of the commission shall take an oath of office, the form of which shall be prepared by the attorney-general. Within twenty days after this act shall take effect the state superintendent of public instruction shall call a meeting for the purpose of effecting an organization; and thereupon all authority heretofore belonging to the School Text Book Com- mission 'shall be transferred to the State School Book Com- mission, and the said School Text Book Commission shall cease to exist. All contracts made by the School Text Book Commission and in force at the time when this act takes effect shall be enforced by the State School Book Commission created by this act. The commission shall have authority to make its own rules and regulations, and to determine the method of its procedure in accordance with the provisions of this act. Each member of said commission who shall, at the time of service thereon, be receiving a stated salary from the state, shall not be allowed per diem, but the other members shall receive as their full compensation the sum of five dollars for each day s actual service in attending the meetings of the said commis- 190 STATE SCHOOL BOOK COMMISSION. [CH. 28 sion. And each member shall receive all necessary and actual traveling and hotel expenses incurred in attending all meet- ings of the commission and in discharge of their duties. SEC. 572. Chairman; Secretary; Qualifications, Duties, Salary. [Laws 1913, ch. 288, sec. 2.] The commission thus created shall select one of its members as chairman of the State School Book Commission; the commission shall choose a secretary who shall not be a member thereof, but who shall be a person of recognized ability and well qualified to deter- mine the educational value and use of school textbooks, and who shall maintain his office in the state capitol, and devote all his time to the duties of such secretaryship. He shall keep all accounts and records of the State School Book Commission, shall furnish the commission with full and complete informa- tion as to the character, worth, adaptability, educational, and mechanical value of such books as are used in the public schools of this state, and of other states, and shall report any viola- tions of the provisions of this act to the said commission imme- diately on learning thereof. It shall also be the duty of the secretary to see that the books are properly distributed, and collections made for same. The secretary shall hold his office for two years, or until dismissed by the commission for cause, and shall receive an annual salary to be fixed by the commis- sion, not to exceed two thousand dollars. The secretary shall give a good and sufficient security company bond in the sum of ten thousand dollars ($10,000), the cost of which shall be borne by the state, conditioned on the faithful discharge of his official duties, and shall be approved by the State School Book Commission. SEC. 573. Complete Series of Textbooks. [Laws 1913, ch. 288, sec. 3.] The said School Book Commission shall, as soon as practicable, adopt, write, select, compile, or cause to be written, or compiled, or purchase copyrights for a complete series of school textbooks for use in the public schools in the state of Kansas, or may contract for the right to publish any or all of such books on the payment of an agreed royalty therefor. The said series of school textbooks shall consist of one spelling book; one primer; one each, first, second, third, fourth, and fifth reader; one each elementary, intermediate and advanced written arithmetic ; one oral arithmetic ; one each, elementary and advanced geography; one each, elementary and advanced English grammar; one each, elementary and advanced physi- olgy and hygiene; one history of the United States; one his- tory of the state of Kansas; one civil government and consti- tution of the United States, and of the state of Kansas; one elements of agriculture and stock raising ; one system of pen- manship; textbooks containing collection of masterpieces of American and English literature, one each, for the fifth, sixth, seventh, and eighth grades, and such other textbooks as, in CH. 28] STATE SCHOOL BOOK COMMISSION. 191 the judgment of the School Book Commission, may be desirable to publish or procure for use in the public schools of the state. SEC. 574. Powers of Commission. [Laws 1913, ch. 288, sec. 4.] The State School Book Commission shall have the power, and is hereby authorized to have written or compiled, or to purchase the several textbooks, and manuscripts to be used in the public schools, and shall fix the remuneration of authors and compilers, and compensation for other necessary services in the preparation and publication of said books. Said State School Book Commission shall also have the power is procure copyrights for the state of Kansas of any school text- book, manuscript, or subject matter thereof, authorized by the provisions of this act, and to contract with authors and pub- lishers upon a royalty basis, upon an exclusive right to pub- lish and use in the state of Kansas any school textbook written .or published by them. The State School Book Commission shall furnish to the state printer copy and design for all dia- grams and illustrations to be used in any school textbook published by the state under the provisions of this act. SEC. 575. Printing at State Printing Plant. [Laws 1913, ch. 288, sec. 5.] The printing of all textbooks published by the state, and provided for in section 3 of this act, and all me- chanical work connected therewith, shall be done by and under the supervision of the state printer, at the state printing plant. SEC. 576. Exclusive Use of Books Required. [Laws 1913, ch. 288, sec. 6.] Whenever any one or more of the said text- books shall have been authorized or published, the State School Book Commission shall issue an order requiring the exclusive use of said book or books in the public schools of Kansas, but such an order for the exclusive use of such book or books shall not take effect as to any book or books within a time that shall interfere with any present legal contracts, or legal adoptions heretofore made by the School Text Book Commission, or under the provisions of this act. Whenever the commission shall issue an order requiring the exclusive use of any text- books in the public schools of this state no public school super- intendent, principal, teacher, or any other public school author- ity in this state shall have the power to use, or authorize the use of any book or books for pupils other than those directed to be used by order of said commission ; provided, that nothing herein contained shall exclude the use of books for reference only, but such books may be provided by the school districts, or local board of education, in the school libraries, and no school patron shall be compelled to buy such books. SEC. 577. State Printer Shall Furnish Estimates. [Laws 1913, ch. 288, sec. 7.] The state printer shall furnish the State School Book Commission a statement of the cost of the material and labor required to publish each book provided for in this act, and from this statement, together with the cost of copy- 192 STATE SCHOOL BOOK COMMISSION. [CH. 28 rights, royalties, authorship, and other necessary expenses, said commission shall fix maximum prices, based on the actual cost of production and distribution, at which said books shall be sold for cash only to school patrons of this state, and no school textbook shall be sold at a price in excess of that fixed by said School Book Commission, except as provided for in sec- tion 8 of this act. SEC. 578. Purchase of Books; Distributing Agents. [Laws 1913, ch. 288, sec. 8.] It shall be the duty of each school district board, and board of education of cities of the first and second class in the state of Kansas, to provide a revolving fund for the purpose of enabling the district clerks, or the clerks of the boards of education, to purchase for the use of the schools under their control the necessary state school textbooks for use in said schools. The treasurer of each district board and each board of education is hereby authorized and directed to pay out of said funds all orders lawfully drawn for the pur- chase of the necessary state school textbooks for use in such school districts, or city schools. Each district clerk, and each clerk of the board of education shall replace the moneys paid out of the revolving fund with cash received by him for the books sold to the patrons of said schools ; provided, that each school district and each city may have the privilege of pro- viding the pupils in said district, or city with textbooks free of cost if so authorized by majority vote of the qualified elec- tors in such city or school district voting at an election held for the purpose of determining how the books shall be dis- tributed, and provided, whenever, and so often as any educa- tional institution in this state shall adopt textbooks published under this act, such institution for all purposes of purchase and distribution of such books shall be deemed as included in the term public schools as used herein ; provided further, that the district board of any district, or the board of education of any city may designate a dealer or dealers in said school books, who shall be authorized to act as distributing agents for said school district, or city, in which case the said dealer or dealers shall be allowed a commission of ten per cent on the cost price of the books as authorized by the School Book Commission, which commission shall be added to the cost price, provided, however, that the said dealers shall purchase the books out- right from the state, and no book shall be furnished to such dealer except upon the payment of cash in hand. SEC. 579. Requisition; Payments. [Laws 1913, ch. 288, sec. 9.] If the district board or board of education desires to deal directly with the School Book Commission instead of through authorized agents, they shall, through the district clerk or the clerk of the board of education, on or before the first day of July in each year, make upon the secretary of said School Book Commission requisition for such books as such schools may require, based upon a careful estimate for CH. 28] STATE SCHOOL BOOK COMMISSION. 193 the ensuing school year; provided, that subsequent requisitions may be made from time to time during the school year for such additional books as may be needed. All requisitions shall be accompanied by cash payments in full. The said school textbooks so procured shall be sold to school districts or authorized dealers for cash at prices not in excess of those authorized by the State School Book Commission, except as provided in section 8 of this act, or the books may be fur- nished free or loaned to pupils, as may be determined by the electors in such city or districts. On requisition being made the secretary shall ship the books, carriage prepaid, to the railroad station nearest to their destination. All requisitions for books by district clerks, clerks of boards of education and dealers shall be accompanied by an amount of money sufficient to pay for the same at the prices fixed therefor, but the State School Book Commission and the secretary shall ship no books unless he shall have received from the district clerk, clerk of the board of education or authorized dealers the full amount therefor at the established price; provided, that the president of the State Normal School and the heads of other state edu- cational institutions or of other educational institutions deemed to be included as public schools under section 8 of this act shall, upon the same conditions as to payment, make like requisitions upon the secretary for books for use in the schools under their supervision. It shall be the duty of the secretary to report to the state auditor, on or before the tenth day of each month, the number of books, as nearly as can be , ascertained, sold by him during the preceding month and to pay daily the money received for the same into the state treasury. All moneys received by the state treasurer under the provisions of this act shall be kept by him in a separate fund, to be known as 'The State School Book Fund," and shall be used as a revolving fund by said commission for the purchase of ma- terial, payment of labor, royalties, copyrights and all other expenses incurred in the purchase or publication and distribu- tion of school books as provided in this act. SEC. 580. Application of Dealer; Agreement. [Laws 1913, ch. 288, sec. 10.] Any retail dealer who has been designated as purchasing and distributing agent by any school district board or board of education, shall make application to the secretary of the School Book Commission, accompanied by an agreement duly executed, which shall be in substance as follows : "In consideration of having been designated as purchasing and distributing agent for school district No. or for the city of and of receiving for sale on the enclosed order or upon any future order, the state series of school books, or any part thereof, provided by the State School Book Commission of Kansas, I hereby agree that I will not sell said state series of school textbooks, or any part thereof, -7 194 STATE SCHOOL BOOK COMMISSION. [CH. 28 at a price exceeding ten per cent above the price established by the said State School Book Commission." Said agreement shall be endorsed by the county superin- tendent of public instruction in the following words, to wit : "I hereby certify, that is a regular retail dealer in books in county, and has been authorized to act as purchasing and distributing agent for school district No. , or by the board of educa- tion of the city of ." SEC. 581. State Superintendent to Furnish Copies of Agree- ment and Price Lists. [Laws 1913, ch. 288, sec. 11.] It shall be the duty of the state superintendent of public instruction to furnish to each county superintendent of public instruction and each superintendent of schools in cities of the first and second class, for the use of any retail dealer in his county or city who may apply for permission to sell the books of the state series, printed copies of the above agreement together with lists of maximum prices of such books as fixed by the State School Book Commission. And any dealer who shall fail, neglect or refuse to comply with the condition of such agree- ment shall forfeit his right to any further purchases of said school books from the state. SEC. 582. Appropriation for Ground, Buildings, Equipment and Expenses. [Laws 1913, ch. 288, sec. 12.] The sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary is hereby appropriated out of any money in the state treasury not otherwise appropriated, to purchase the necessary grounds upon which to erect and for the erection of additional building or buildings or an addition to the present state printing plant, and for the purchase of necessary ma- chinery, presses, type, electrotyping apparatus, and such other appliances and equipment as may be required in the manufac- ture of the school textbooks provided for in this act. If the School Book Commission is unable to purchase the necessary ground on which to erect the necessary additional building or buildings, it is hereby authorized to proceed to institute con- demnation proceedings and to condemn and appropriate such land as is necessary. Such proceedings may be initiated and carried to completion as nearly as may be, in the mode provided by article 9, chapter 23, of the Statutes of 1909. There is also appropriated out of any money in the state treasury not other- wise appropriated, the sum of fifty thousand dollars, or so much thereof as may be necessary, to pay authors, artists, com- pilers, stenographers, and to purchase copyrights and plates, and other supplies, as provided in this act. There is also ap- propriated out of any money in the state treasury not otherwise appropriated, the sum of twenty-five thousand dollars as a revolving fund for the purchase of paper, printers' and binders' material, to pay for labor, and the secretary of the State School CH. 28] STATE SCHOOL BOOK COMMISSION. 195 Book Commission shall replace the moneys paid out of the revolving fund with cash received by him for books sold. There is also appropriated, out of any money in the state treasury not otherwise appropriated, the sum of two thousand dollars as a contingent fund, to cover postage, express, freight, stenog- raphers and other necessary expenses of the office of the secre- tary of the State School Book Commission for the year ending June 30, 1914, and two thousand dollars for similar purposes for the year ending June 30, 1915. There is also appropriated out of any money in the state treasury not otherwise appro- priated, the sum of five hundred dollars to pay the salary of the secretary of the State School Book Commission for the quarter ending June 30, 1913, and twenty hundred dollars for the year ending June 30, 1914, and twenty hundred dollars for the year ending June 30, 1915; said secretary's term of office to begin on April 1, 1913. There is also appropriated out of any money in the treasury not otherwise appropriated, the sum of fifteen hundred dollars to pay the necessary expenses of the said commission. The term of office of the members of the State School Book Commission shall begin April 1, 1913. The state auditor is hereby authorized to draw warrants on the state treasurer for the above amounts in the manner pro- vided by law, upon duly verified vouchers approved by the chairman of said commission. The Executive Council shall pro- vide an office and such office furniture and fixtures as may be necessary to properly equip the office of the secretary of the State School Book Commission. SEC. 583. Penalty for Increase in Price and Use of Other Books. [Laws 1913, ch. 288, sec. 13.] Any person or persons who shall directly or indirectly demand or receive money or anything of value for any book or books provided for in this act in excess of the price fixed by the State School Book Com- mission, except the ten per cent hereinbefore provided for retail dealers, and any member or members of any District board or board of education, or any superintendent, principal, or teacher of any public school in the state, who shall adopt, use or procure to be used in any public school in the state, in the same branch, any other textbook or books than are pro- vided for in this act, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be punished by fine in any sum not less than twenty-five dollars or more than one hundred dollars, or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment. SEC 584. Penalty for Violation by Members of Commis- sion. [Laws 1913, ch. 288, sec. 14.] Any member of the State School Book Commission herein established, violatr any provision of this act shall be guilty of a misdemeanor and upon conviction shall be punished by fine in any sum not less 196 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term of not less than thirty days nor more than one year, or by both such fine and imprisonment. ARTICLE II. SCHOOL TEXT-BOOK COMMISSION. This article contains the original state uniformity text-book law of 1897, as amended by legislatures of 1898, 1899, 1907, and 1911, reprinted from the school laws of 19.11. Such parts of this act as are not in conflict with the preceding article, sections 571 to 584 inclusive, of this book, are still in force. 585. Commission; compensation. 586. Term. 587. Meetings. (See, also, 572.) 588. Texts to be adopted. 589. Bids, how submitted. 590. Open bids. 591. Secretary. 592. May consider manuscripts. 593. State not liable. 594. Proclamation. 595. Dealers to establish agencies. 596. Estimates. 597. District ownership. 598. Violation of contract. 599. Term of contract. 600. Blanks. 601. Advertise for bids. 602. Special meetings. 603. Vacancy. 604. Oath. 605. Penalties. 606. Basic text-books not to be excluded. 607. Commission; penalty for violation. 608. Appropriation. 609. Additional texts. 610. Prices. 611. Advertising for bids, etc. . 612. Unlawful to sell. 613. Penalty. 614. Maps, globes, charts, and other ap- paratus. 615. Penalties. 616. Meetings. (See, also, 544.) SECTION 585. Commission. [7810.] That for the purpose of carrying out the provisions of this act there is hereby created a School Text-book Commission consisting of eight members, to be appointed by the governor, by and with the consent of the senate; provided, that not more than five of whom shall be selected from any one political party, who shall receive as their only compensation the sum of five dollars for each day's actual service at any regular or special session, and actual expenses in going to and returning from any meeting herein provided for; and the state superintendent of public instruction shall be ex officio chairman of said School Text- book Commission, with the right to vote upon any and all propositions; provided, that no per diem shall be allowed to any member of this commission who shall at the time of service thereon be receiving a stated salary from this state or from any county or city therein. (Laws 1907, ch. 328, sec. 1.) SEC. 586. Term. [7811.] The term of office of this com- mission shall be four years from the first Monday in April, 1897, and at the expiration of said term of office, and each succeeding term, the governor shall appoint, by and with the consent of the senate, suitable persons members of this com- mission. And on the first Monday in May prior to the ter- mination of any contract for the furnishing of text-books to the people of this state under this act, or upon the termina- tion of any such contract or contracts, said commission shall have power, and it is hereby authorized and made the duty of said commission, to make new contract or contracts, or to relet any old contract or contracts for the furnishing of text- books as provided- for in this act, and such commission shall CH. 28] SCHOOL TEXT-BOOK COMMISSION. 197 succeed to all the powers, duties and obligations of the origi- nal commission. (Laws 1898, ch. 31, sec. 1.) SEC. 587. Meetings. [7812.] The time of meeting for the commission herein provided for shall be the first Monday in May, 1897, and at such other times as hereinafter provided for. (Laws 1897, ch. 179, sec. 3.) SEC. 588. Texts to be Adopted. [7813.] The School Text- book Commission herein provided for shall be empowered and it is hereby authorized to select and adopt a uniform series of school text-books for use in the public schools of the state of Kansas, in the following-named branches, to wit: Spelling, reading, arithmetic, geography, English grammar, physiology and hygiene, history of the United States, civil government, elements of algebra and physical geography, elements of natural philosophy, bookkeeping, and a graded series of writing-books; provided, that the matter contained in the subject of reading shall consist of lessons commencing with the simplest expressions of English, through the regular gradation of lessons up to and including the highest style of both poetry and prose; providing, that no text-book shall be adopted by this commission that does not equal in quality of matter, material, binding and mechanical execution, and ap- proximately equal in size, the following text-books in general use, namely: The speller to McGuffey's New Speller, the readers to McGuffey's Readers, the arithmetic to White's series of Arithmetic, the geographies to Rand & McNally's Geography, the grammar to Reed and Kellogg's Grammars, the histories to Barnes's School Histories, the physiology to Steel's Physiology, the civil government to Thummel's Gov- ernment of the United States with Kansas addendum, ele- mentary algebra to Ray's Algebra, physical geography to Rand & McNally's Physical Geography, elements of natural philoso- phy to Steel's Fourteen Weeks in Philosophy, bookkeeping to Bryant & Stratton's graded series, mental arithmetic to Bailey's Mental Arithmetic, and writing to the Eclectic Copy- book ; provided, that no text-book shall be adopted that contains anything of a partizan or sectarian character. (Laws 1897, ch. 179, sec. 4.) SEC. 589. Bids; How Submitted. [7814.] Any person, com- pany or corporation desiring to make any bid or bids upon any of the matters provided for in this act shall submit the same in writing, together with 'an unconditional certified check for $1000 payable to the chairman of the commission, to be forfeited to the state if such party shall fail to enter into proper bond and make the required contract if awarded to him, carefully sealed and addressed to the chairman of the School Text-book Commission, Topeka, Kan., and said chair- man shall preserve the same, unopened, until the time of meet- ing of said commission. (Laws 1897, ch. 179, sec. 5.) 198 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 SEC. 590. Open Bids. [7815.] At the first meeting of this commission, it shall receive and open all sealed bids and propo- sitions on the following matters : First, from the publisher or publishers of school text-books for furnishing to the people of the state of Kansas, for use in the public schools of this state as provided for in this act, for a term of five years, commencing September 1, 1897, each bid stating specifically the price at which each book is to be furnished, and to be accompanied by a specimen copy of each book to be furnished in such bid. Sec- ond, from any author or authors of school text-books who have manuscript of books not published for the price at which they will sell their manuscript, properly prepared for printer's copy, together with the copyright of such books, for use in the public schools of this state. Third, From persons who are willing to undertake the compilation of a book or books or series of books provided for in section 4 of this act, 167 the price at which they are willing to undertake said compilation of any or all of such books to the satisfaction of said commission ; pro- vided, that any and all bids by publishers herein provided for must be accompanied by a bond in the penal sum of $50,000, with resident freehold sureties to be approved by the Execu- tive Council of this state, conditioned that if any contract be awarded to any bidder thereunder, such bidder will enter into a contract to and perform the conditions of his bid to the ac- ceptance and satisfaction of said commission; and provided further, that no bid shall be considered unless the same shall be accompanied by an affidavit of the bidder that he is in no wise, directly or indirectly, connected with any other publisher or firm who is now bidding for books or manuscript submitted to said commission, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any contract, compact, syndicate or other scheme, in regard to exchange of books, division of territory, or discount to dealers, whereby the benefits of competition are denied to the people of this state, and said commission shall have the right to reject any and all bids, and at their option shall have the right to reject any bid as to part of such books and to ac- cept the same as to the residue thereof. At the meeting of said commission provided for in section 3 of this act, 168 said com- mission shall open and examine all sealed bids or propositions received pursuant to the provisions of this act; and it shall further be the duty of said commission to make a full, complete and thorough investigation of all such bids, restrictions, and propositions, and to ascertain under which such proposition or propositions the school text-books hereinbefore provided for could be furnished to the people of this state for use in the 167. Section 588 of this book. 168. Section 587 of this book. (See, also, section 616.) CH. 28] SCHOOL TEXT-BOOK COMMISSION. 199 public schools at the lowest price, taking into consideration the size and quality as to matter, material, binding and mechanical execution of such books; provided, always, that such commis- sion shall not, in any case, contract with any author, publisher or publishers for the furnishing of any book, manuscript, or copyright of books which are to be sold to the people of this state for use in the public school at a price above or in excess of the following, which price shall include all costs and charges for packing, transportation and delivery to the several places hereinafter named in this state namely: For the spelling- book, 10 cents; for the first reader, 10 cents; for the second reader, 17 cents ; for the third reader, 23 cents ; for the fourth reader, 30 cents ; for the fifth reader, 40 cents ; for the mental arithmetic, 20 cents ; for the intermediate arithmetic, 25 cents ; for the complete arithmetic, 35 cents ; for the elementary geog- raphy, 30 cents ; for the complete geography, 75 cents ; for the English grammar, elementary, 20 cents; complete grammar, 35 cents ; physiology and hygiene, 50 cents ; for history of the United States, 50 cents ; for elements of natural philosophy, 50 cents ; for civil government, 40 cents ; for elementary algebra, 50 cents; for physical geography, 80 cents; for bookkeeping, 40 cents; writing-books, 5 cents each; and any school-book company, person or firm, who shall contract to furnish the pub- lic schools of the state of Kansas with school-books under the provisions of this act, shall upon application of any school dis- trict within one year after the acceptance of the bid, take up the books now in use, and they shall exchange the new books at not more than 50 per cent of the maximum prices fixed by the provisions of this act; provided, that any school district or county that is now operating under a contract shall have the right to exchange, on the same terms, books for one year from the expiration of said contract. (Laws 1897, ch. 179, sec. 6.) SEC. 591. Secretary. [7816.] At the first meeting of the members of this commission they shall select one of their number secretary, whose duty it shall be to keep a correct record of all proceedings, votes, and actions of this commis- sion, which said records shall be deposited in the office of the state superintendent of public instruction at all times when raid commission is not in session. All votes upon any propo- sition submitted to this commission shall be yea and nay, and recorded on the journal of the day's proceedings. No person, except members of this commission, shall be present at or cognizant of any proceedings of this commission, during any time that it is in session, and no member of this commission shall, during any meetings of this commission, give any in- formation to any person or persons concerning any business transacted, or in course of transaction at any session of this commission, until after all the business, of the session is con- cluded. At the close of each session of this commission the 200 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 proceedings thereof shall be published in pamphlet form for general distribution among the people of this state. (Laws 1897, ch. 179, sec. 7.) SEC. 592. May Consider Manuscripts. [7817.] If, upon the examination of bids and propositions, no publisher or pub- lishers of school text-books has bid within the provisions of this act for furnishing the school text-books for use in the public schools of this state, as provided for in this act, then said com- mission is empowered and is hereby authorized to procure such manuscript, copyrights and propositions for the compilation of school text-books, as provided for in this act, as will supply the schools of this state, and advertise for sealed bids for publishing the same, and supplying them under the terms herein prescribed for publishers, and said contract may be let for the publication of all such books, or for one or more of such books separately. And it shall further be the duty of said commission to provide in the contract for the publication of any manuscript, for the payment, by the publisher, of the compensation agreed upon between such commission and the author or owner of any such manuscript, for such manuscript. (Laws 1897, ch. 179, sec. 8.) SEC. 593. State Not Liable. [7818.] It shall be a part of the terms and conditions of any contract made in pursuance of this act, that the state of Kansas shall not be liable to any contractor or contractors for any sum of money whatever, but that all such contractors shall receive their pay and com- pensation solely and exclusively from the proceeds of the sale of the book or books provided for in this act. (Laws 1897, ch. 179, sec. 9.) SEC. 594. Proclamation. [7819.] As soon as such commis- sion shall have entered into any contract for the furnishing of text-books for use in the public schools of this state, pursuant to the provisions of this act, the state superintendent of public instruction shall notify the governor of such fact, and it shall be the duty of the governor to issue his proclamation an- nouncing such fact to the people of the state, and immediately after the issuing of such proclamation by the governor it shall be the duty of the state superintendent of public instruction to notify the county superintendents of the various counties of this state of the books agreed upon and selected, together with the contract prices thereof. (Laws 1897, ch. 179, sec. 10.) SEC. 595. Dealers to Establish Agencies. [7820.] Within thirty days after the issuing of the proclamation by the gov- ernor of this state provided for in this act, any person, persons, company or corporation, having contracted for the furnishing of school text-books to the people of this state for use in the public schools thereof, shall arrange with at least one dealer or agent at the county seat in each county of this state, and in each city of the first, second and third class in this state, for CH. 28] SCHOOL TEXT-BOOK COMMISSION. 201 the handling, sale and exchange of the school-books provided for in this act. 161 ' Such dealer or agent shall be allowed to charge the people of this state a commission not exceeding ten per cent on the contract price established in this act for the handling and sale of such books; provided, that any per- son, company or corporation having a contract under the pro- visions of this act shall be required to furnish books to any citizen or school district in Kansas at the same price and on the same terms as provided for the furnishing of such books to dealers or agents in cash orders of not less than ten dollars each, and deliver the same at any railroad station in Kansas mentioned in such order. (Laws 1909, ch. 68, sec. 1.) SEC. 596. Estimates. [7821.] At the annual school meeting to be held in the various school districts in this state in 1897, and at each annual meeting thereafter, and at the meeting of the board of education of cities of the first or second class, an estimate shall be made of the number of school text-books needed in each of said schools for the term next commencing therein, and the clerk of each school district, and the clerk of the board of education in each city of the first or second class, shall report the same to the county superintendent of public instruction immediately, and not later than the 1st day of August next thereafter; and the county superintendent of public instruction shall, as soon as possible, and not later than August 10 of each year, and oftener if the necessity of the schools require it, make out his requisition from the reports so received, and from other sources, and send it to the school- book publisher or publishers having contracts under the pro- visions of this act, stating therein the number of books of each kind needed for the schools of such county. (Laws 1897, ch. 179, sec. 12.) SEC. 597. District Ownership. [7822.] At any annual school meeting of any school district in this state, or at any regular election in cities of the first or second class, a proposal may be submitted to the district or city of the first or second class, as the case may be, to purchase, own and furnish school text- books as provided for in this act for use in the public schools thereof, free of charge to the pupils of said school district, or cities of the first or second class ; and if it shall be found that a majority of the legal electors in said school district or city of the first or second class shall have voted in favor of district ownership, then it shall become the duty of the school board or board of education in cities of the first and second class to purchase, furnish and supply the pupils of the said district or city of the first or second class, under such provisions and regulations as may be prescribed by the school-district board, 169. The contractor is required to consign the books to such agencies. The law does not require the agent to purchase the books from the con-- tractor, but he is to hold the same on consignment. 202 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 or board of education in cities of the first or second class, such text-books as may be found necessary, as provided for in this act ; and for the purpose of carrying out the provisions of this section the school board and the board of education of cities of the first or second class are hereby empowered to pay for the same out of any incidental funds in their hands belonging to such district or city. (Laws 1909, ch. 216, sec. 1.) SEC. 598. Violation o/ Contract. [7823.] Upon the filing of a written complaint with the state superintendent of public instruction, by the county superintendent of public instruction of any county in this state, or superintendent of schools of any city of the first or second class, charging any publisher or publishers, person, company or corporation with violating the conditions of said contract as is provided for in this act, the attorney-general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enforce the penalties of the bond or bonds pro- vided for in this act ; provided, that in all actions brought by the attorney-general under the provisions of this act no se- curity for costs shall be required. (Laws 1897, ch. 179, sec. 14.) SEC. 599. Term of Contract. [7824.] Every contract with any person, company or corporation, publisher or publishers of the school text-books for use in the schools of this state shall be for five years from the date thereof; and no school-district board or board of education of any city of the first or second class shall adopt, use, or permit to be used any other school text-books than those provided for in this act ; provided, that nothing herein contained shall be construed to prevent the teachers and pupils of this state from using any school text- book other than those provided for in this act as reference books in such schools; and provided further, that nothing herein contained shall be construed to apply to the use of school books in branches other than those mentioned in this act, nor shall anything herein be construed to apply to coun- ties now under contract for county uniformity of text-books, until said contract or contracts shall have expired, or with school districts or cities of the first or second class having such contract until such contract shall have expired according to the terms which have been agreed to in writing ; and pro- vided, at the expiration of such contracts such counties, school districts and cities of the first or second class shall thereafter be governed by the provisions of this act. (Laws 1897, ch. 179, sec. 15.) SEC. 600. Blanks. [7825.] It shall be the duty of the at- torney-general of the state to furnish blank contracts to the state superintendent of public instruction for the purpose of carrying out the provisions of this act. (Laws 1897, ch. 179, sec. 16.) CH. 28] SCHOOL TEXT-BOOK COMMISSION. 203 SEC. 601. Advertise for Bids. [7826.] It shall be the duty of the superintendent of public instruction of this state, so soon as this law goes into effect, to advertise in the official state paper, for at least four consecutive weeks, for bids and proposals as provided for in section 5 of this act. 170 (Laws 1897, ch. 179, sec. 17.) SEC. 602. Special Meetings. [7827.] Special meetings of this commission may be held at any time on the call of the state superintendent of public instruction; provided, that the first session of this commission shall not continue longer than ten days, and no special session any longer than four days. (Laws 1897, ch. 179, sec. 18.) SEC. 603. Vacancy. [7828.] If any member of this com- mission should die, or resign, or become in any way incapaci- tated for serving on such commission, the vacancy thereby created shall be filled by appointment made by the governor of the state; provided, that such vacancy always shall be filled from the same political party to which the person so removed belonged. (Laws 1897, ch. 179, sec. 19.) SEC. 604. Oath. [7829.] No member of this commission shall enter upon the discharge of his duties, until he has taken and subscribed to an oath to support the constitution of the United States, the constitution of the state of Kansas, and honestly and faithfully fulfil and discharge the duties of his office according to law. (Laws 1897, ch. 179, sec. 20.) SEC. 605. Penalties. [7830.] Any person, or persons, who shall directly or indirectly demand or receive any money, promise, or any other thing of value for any book or books provided for in this act, in excess of the contract price, to- gether with ten per cent herein provided for for dealers or agents, and any member of any such district board, or any member of any school board in any city of the first or second class, or any teacher of any school who shall adopt, use or permit to be used, or cause to be used in any public school of this state, any other text-book or books than those provided for in this act, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction shall be fined in any sum not less than $25 or more than $100, or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment; provided, that in es- timating the price at which the dealer or agent may sell books under the provisions of this act, the total amount of each sale shall not vary to exceed one-half of one cent above the contract price, plus ten per cent provided for herein. (Laws 1897, ch. 179, sec. 21.) SEC. 606. Basic Text-books Not to be Excised. '[Laws 1911, ch. 267, sec. 4.] That the board of education shall not authorize or permit any teacher or other employee to exclude 170. Section 589 of this book. 204 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 as a basic text-book any text-book or other adoption now or hereafter adopted under authority of the General Statutes of this state, and any violation of this act shall render the violator liable to the same penalties as prescribed in chapter 179, Laws -of 1897. SEC. 607. Commission^ Penalty for Violation. [7831.] Any member of the commission herein established violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than $100 nor more than $500 and be imprisoned in the county jail for a term not less than one year, and upon conviction shall forfeit his office. (Laws 1897, ch. 179, sec. 22.) SEC. 608. Appropriation. [7832.] For the purpose of pay- ing mileage and per diem to the members of this commis- sion, printer's fees, postage and expense of meetings, there is hereby appropriated out of any money in the treasury not otkerwise appropriated the sum of $2500, or so much thereof as shall be necessary to carry out the provisions of this act. The auditor of state is hereby authorized to draw his warrant- on the state treasurer for the amount of per diem and ^com- pensation due to each member of said commission or to" par- ties performing services under the provisions of this act ; and provided further, the sum of $10,000, or so much thereof as may be needed, is appropriated out of any money in the state treasury not otherwise appropriated, to buy manuscript under the provisions of this act, should it become necessary for the purchase of such manuscript as provided in this act, and the state treasurer is thereupon directed to pay such warrant; provided, such accounts be verified as provided in other cases and approved by the state superintendent of public instruction. (Laws 1897, ch. 179, sec. 23.) SEC. 609. Additional Texts. [7833.] The School Text- took Commission provided for in chapter 179, Laws of 1897, r-shall be authorized and empowered, and it is hereby made -their duty, to adopt uniform school text-books for use in the public schools of the state of Kansas in the following branches, to wit : ' A primer, a primary reading chart, and a graded series of drawing-books or drawing portfolios, geometry (the work to include both plane and solid geometry) , Latin gram- mar Latin exercises, Csesar, Cicero, Virgil, general history, history of Kansas, English history, rhetoric, English litera- ture, botany, zoology, chemistry, word analysis, geology, Ger- man exercises, German grammar, and descriptive astronomy; provided, however, that no books shall be adopted by this commission that do not equal in subject-matter material binding and mechanical execution, and approximately equal in size the following books, viz.: The primer, to Werner's Primer and to contain not less than ninety-six pages, including colored' illustrations and number lessons; tne aiawmg-uooKS or drawing portfolios, to Walter's Industrial Drawing; read- CH. 28] SCHOOL TEXT-BOOK COMMISSION. 205 ing chart to Wooster's Primary Reading Chart; the geometry (the work to include both plane and solid geometry), to Phillips and Fisher's Elements of Geometry (abridged) ; the Latin grammar, to Harkness's Latin Grammar ; the Latin exer- cises, to Collar and Daniel's First Latin Book; the Csesar to Harkness's Caesar; the Cicero, to Allen and Greenough's Cicero ; the Virgil, to Harper and Miller's Virgil's JEneid ; the general history, to Myers's General History; the English his- tory, to Montgomery's English History; the rhetoric, to Genung's Elements of Rhetoric; English Literature, to Shaw's Outline to English and American Literature; the botany, to Bergen's Elements of Botany; zoology, to Packard's Elements of Zoology ; chemistry, to Shepard's Inorganic Chemistry; geol- ogy, to Dana's Text-book of Geology (Rice) ; word analysis, to Swinton's Word Analysis; German exercises, to Collar- Eysenbach's German Lessons; German grammar, to Otto's German Conversation Grammar; descriptive astronomy, to Todd's Astronomy. (Laws 1899, ch. 176, sec. 1.) SEC. 610. Prices. [7834.] Said commission shall in no case contract with any author, publisher or publishers for the furnishing of any book or books, manuscript or copyright of book or books, which are to be sold to the people of this state for use in the public schools at a price above or in excess of the following, which price shall include all cost and charges of packing, transporation and delivering of books to the re- tail dealers and purchasers in the state of Kansas: For the primer, 12 cents; for the drawing-books or portfolios, 10 cents ; for the geometry, 80 cents ; for the Latin grammar, 75 cents; for the Latin exercises, 60 cents; for the CaBsar, 75 cents; for the Cicero, 75 cents; for the Virgil, 75 cents; for the general history, 90 cents; for the English history, 75 cents; history of Kansas, consisting of at least 300 pages, at a cost not to exceed 60 cents; for the rhetoric, 75 cents; for the astronomy, 70 cents; for the German exercises, 70 cents; for the German grammar, 80 cents ; for the English literature, 75 cents ; for the botany, 75 cents ; for the zoology, 80 cents ; for the chemistry, 75 cents ; for the geology, 80 cents ; for the word analysis, 20 cents; provided, however, that retail dealers shall be entitled to add ten per cent to the above-stated prices as profit for handling and sale of the books adopted by the com- mission in compliance with the provisions of this act. (Laws 1899, ch. 176, sec. 2.) SEC. 611. Advertising for Bids. [7835.] The method of ad- vertising for bids, of receiving bids, the requirements of bid- ders, the opening of bids, the awarding and duration of con- tracts, the filing and approval of bonds on the part of any per- son, persons, firm or corporation who may desire to bid or to whom a contract is awarded under this act, the delivering of books to dealers or purchasers and the commission for dealers 206 SCHOOL TEXT-BOOK COMMISSION. [CH. 28 shall be the same as is provided in chapter 179, Laws of 1897. 171 (Laws 1899, ch. 176, sec. 3.) SEC. 612. Unlaiuful to Sell [7552.] It shall be unlawful for any person to sell to any school board or board of educa- tion in the state of Kansas, or to solicit the purchase by any school-district board or board of education, of any chart, map, globe, or other school apparatus, except scientific apparatus for high schools, unless the same shall have been submitted to the School Text Book Commission of the state of Kansas, and by them approved and a maximum price fixed therefor. (Laws 1901, ch. 308, sec. 1.) SEC. 613. Penalty. [7553.] Any person who shall sell to any school-district board or board of education of any city of the first or second class within the state of Kansas any chart, map, globe, or other school apparatus, except scientific appa- ratus for high schools, which has not been approved by the School Text Book Commission of the state of Kansas, and any person who shall request or endeavor to persuade any such school-district board or board of education, or any member thereof, to purchase any chart, map, globe or other school apparatus the sale of which is hereby prohibited, shall be guilty of a misdemeanor, and subject to a fine of not exceeding $200 for each offense. (Laws 1901, ch. 308, sec. 2.) SEC. 614. Maps, Globes, Charts, and Other Apparatus. [7836.] It shall be unlawful for any school-district board or board of education of any city of the first or second class to purchase or contract for any chart, map, globe or other school apparatus, except scientific apparatus for high schools, unless the same shall have been submitted to the School Text-book Commission at a regular or special session, and by them ap- proved, and a maximum price therefor fixed by said School Text-book Commission. 172 (Laws 1899, ch. 176, sec. 4.) SEC. 615. Penalties. [7837.] The punishment for the vio- lation of the provisions of this act, or of any contract in pur- suance thereof, or for the use of any book in the schools not provided for by the commission in pursuance of this act, whether on the part of the commission or any member thereof, or any school board or board of education or member thereof, or of any teacher, shall be the same as prescribed in chapter 179, Laws of 1897; provided, that nothing in this act shall be construed to apply to any book used as a book of reference. (Laws 1899, ch. 176, sec. 5.) 171. See section 589 of this book. 172. The law does not apply to the purchase of school furniture, refer- ence books, or dictionaries. CH. 28] SCHOOL TEXT-BOOK COMMISSION. 207 SEC. 616. Meetings. [7838.] The. School Text-book Com- mission shall meet in regular session on the first Monday in May, 1899, said session to continue not longer than ten days, and special meetings may be held as provided in chapter 179 of the Session Laws of 1897, of which this act is supple- mental. 173 (Laws 1899, ch. 176, sec. 6.) 173. See section 602 of this book. 208 TOBACCO AND CIGARETTES. [CH. 29 CHAPTER XXIX. TOBACCO AND CIGARETTES. 619. Penalty for selling or giving away cigarettes or tobacco. 617. Unlawful to sell or give away cigarettes or cigarette papers. 618. Penalty for smoking, using or fur- nishing cigarettes or tobacco. SECTION 617. Unlawful to Sell or Give Away Cigarettes or Cigarette Papers. [2930.] It shall be unlawful for any person, company or corporation to sell or give away any cigarettes or cigarette papers or to have any cigarettes or cigarette pa- pers in or about any store or other place for free distribution or sale. (Laws 1909, ch. 257, sec. 1.) SEC. 618. Penalty for Smoking or Using or Furnishing Ciga- rettes or Tobacco. [2931.] Every minor person who shall smoke or use cigarettes, cigars or tobacco in any form on any public road, street, alley, park or other lands used for public purposes, or in any public place of business, shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine of not more than ten dollars, and every person who shall furnish cigarettes, cigars or tobacco in any form to such minor person, or who shall permit such minor person to frequent any premises owned, held or managed by him, for the purpose of indulging in the use of cigarettes, cigars or tobacco in any form, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25 nor more than $100. (Laws 1909, ch. 257, sec. 2.) SEC. 619. Penalty for Selling or Giving Away Cigarettes or Tobacco. [2932.] Every person, company or corporation vio- lating any of the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than $25 nor more than $100. (Laws 1909, ch. 257, sec. 3.) CH. 30] WARRANTS AND BONDS LOST. 209 CHAPTER XXX. WARRANTS AND BONDS LOST AND DESTROYED. 020. Duplicates may be issued. 621. Mutilated warrant or bond. 622. Affidavit and bond. }623. Correspond with original. 624. Record of duplicates. SECTION 620. Duplicate May be Issued. [638.] Whenever any bond or warrant of the state or territory of Kansas, or any county, city, township, or school district, shall become so far mutiliated as to become unfit for circulation, or shall be lost or destroyed, a duplicate thereof may be issued by the officer authorized by law to issue such bonds or warrants, under the regulations and restrictions hereinafter prescribed. (G. S. 1868, ch. 15, sec. 1.) SEC. 621. Mutilated Warrant or Bond. [640.] On the de- livery to the proper officer of any mutilated bond or warrant, a duplicate of such bond or warrant shall be issued as herein provided. (G. S. 1868, ch. 15, sec. 3.) SEC. 622. Affidavit and Bond. [561.] A duplicate for a lost or destroyed bond or warrant shall not be issued until there shall have been filed with the proper officer an affidavit of some person knowing the facts, setting forth the owner- ship of such bond, the description thereof, the number of coupons thereto attached, and the manner of its loss or de- struction, and until there shall have been executed and filed with the same officer an indemnifying bond, with securities to be approved by such officer, in a sum equal to double the amount of such warrant or bond and the coupons attached, conditioned that the parties thereto shall pay all damages which the state, county, city, township, or school district, as the case may be, may sustain if compelled to pay such lost or destroyed bonds or coupons. (G. S. 1868, ch. 15, sec. 4.) SEC. 623. Correspond with Original. [639.] Such duplicate shall correspond, in number, date, amount and coupons, with the original bond or warrant, and shall have indorsed on its face, and on the face of each coupon, by the officer issuing the same, the word "Duplicate'," together with the date of its issuance. (G. S. 1868, ch. 15, sec. 2.) SEC. 624. Record of Duplicates. [642.] Any officer issuing duplicates under this act shall keep a record showing the numbers, dates and amounts of such mutilated, lost or de- stroyed bonds or warrants, and the number of coupons thereto attached, together with the date of issuance of the duplicate therefor, and the names of the persons to whom issued. (G. S. 1868, ch. 15, sec. 5.) 210 WARRANTS, REGISTRATION OF. [CH. 31 CHAPTER XXXL WARRANTS, REGISTRATION OF. 625. How and to whom drawn. I 630. Payment of warrants. 626. Shall be sworn to before. 627. Shall be signed by and attested by. 628. Record of all warrants. 629. All warrants countersigned by. 631. Indorsed when no funds. 632. Publication of lists. 633. Delivery of books to successor. 634. Penalty. SECTION 625. How and to Whom Drawn. [7263.] All war- rants shall be drawn to the order of the person or persons entitled to receive the same, and shall specify the nature of the claim or service for which they were issued and out of what funds payable; and the term "warrants," as used in this act, shall be understood to include all orders of any kind or description authorized by law to be drawn on public treas- urers for money payments. (Laws 1891, ch. 249, sec. 1.) SEC. 626. Sworn to. [7264.] No warrants shall be issued except under due authority as provided by law; and no war- rants shall be issued or authorized by any board of county commissioners, city council, township board, school-district board, or board of education, except on audited account duly itemized in writing and verified by affidavit, setting forth that the same is just and correct and remains due and un- paid; and for the purpose of such affidavit, the chairman of the county board, the mayor of the city, the township trustee, the director of the school district, and the president of the board of education, and the respective clerks thereof, shall have power to administer oaths. (Laws 1891, ch. 249, sec. 2.) SEC. 627. Signed and Attested. [7265.] County warrants shall be signed by the chairman of the board of county com- missioners, and attested by the clerk; city warrants shall be signed by the mayor, and attesteo^ by the city clerk ; town- ship warrants shall be signed by the township trustee, and attested by the township clerk; school-district warrants shall be signed by the director, and attested by the clerk; board of education warrants shall be signed by the president, and attested by the clerk. (Laws 1891, ch. 249, sec. 3.) SEC. 628. Record. [7266.] The clerk of every county, township, city, school district, or board of education shall keep a correct record of all warrants drawn on the treasury of such county, township, city, school district, or board of education, showing the number, date and amount thereof, on what fund drawn, and the name of the person or persons to whom the same are made payable. (Laws 1891, ch. 249, sec. 4.) SEC. 629. Countersigned. [7267.] Before delivering any warrant to the person or persons for whose benefit the same is drawn, the clerk shall present the same to the treasurer, CM. 31] WARRANTS, REGISTRATION OF. 211 who shall enter, in a book by him kept for that purpose, the number, date and amount of such warrant, on what fund drawn, and the name of the payee, and thereupon counter- sign the warrant upon the face thereof. (Laws 1891, ch. 249 sec. 5.) SEC. 630. Payment. [7268.] It shall be the duty of the treasurer of any county, city, township, school district or board of education to pay 'on presentation any warrant prop- erly drawn on any fund in his custody by virtue of his office, and, when paid, write across the face of such warrant the word "Paid" in red ink, and sign the same; provided, that there is sufficient money in his possession belonging to the fund upon which such warrant is drawn to pay the same (Laws 1891, ch. 249, "sec. 65.) SEC. 631. Indorsed. [7269.] In case there is not sufficient money in the hands of such treasurer to pay any warrant when presented, he shall indorse thereon a proper registered num- ber, in the regular order of its presentation, and the words, "Presented and not paid for want of funds," 174 with date, and sign said indorsement; and he shall record in his warrant register the number, amount and date of all such warrants, to whom payable, and the date when presented for payment, and their register number as indorsed thereon, and such warrants shall be paid in the order of their presentation as shown by such register; and no warrants shall be received for taxes by any county treasurer unless he shall have in cash a sufficient sum to redeem all warrants having such priority over the warrants so offered for taxes. (Laws 1891, ch. 249, sec. 7.) SEC. 632. Publication of Lists. [7270.] It shall be the duty of any treasurer, whenever any money comes into his hands by virtue of his office, to set apart a sufficient sum to pay any or all warrants that have been registered in compliance with the provisions of this act, and to keep the same until called for; and it shall be the duty of every county, township and school-district treasurer to publish in the official county paper, and of every city treasurer and board of education to publish in the official city paper, between the 1st and 15th days of February and August in each year, a call for the redemption of such warrants as he can pay, describing the warrants by giving their issue number, register number, and amount; and interest shall cease on each of said warrants on and after such publication. (Laws 1891, ch. 249, sec. 8.) SEC. 633. Books Delivered. [7271.] Every county, city and township treasurer and every treasurer of a school district or board of education shall, upon the expiration of his term of office, deliver to his successor the warrant register containing 174. Such warrants bear six per cent interest until paid. 212 WARRANTS, REGISTRATION OF. [CH. 31 the lists of warrants originally recorded and countersigned, and presented and registered, who shall in all things act as though the entries of such warrants were made by himself. (Laws 1891, ch. 249, sec. 9.) SEC. 634. Penalty. [7272.] Any officer of any county, city, township, school district or board of education who shall sign or attest any warrant not duly authorized by the proper board or city council, and any treasurer who shall countersign any warrant not theretofore signed and attested by the proper officers as required in this act, shall be liable to the county, city, township, school district or board of education in the sum of such warrant ; and any such officer who shall violate any of the provisions of this act shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum of not less than $50 nor more than $500. (Laws 1891, ch. 249, sec. 10.) INDEX. Academies, .eligible for normal training without state aid 168 502 Accredited colleges: application for approval 24 43 examined by State Board of Education ' ' graduates receive state certificates . ' oc r, ^O O graduates with practice-teaching 27 -7 Act of admission, educational provisions 3 Adjacent territory attached for school purposes: cities first class 4g , QQ cities second class gg ^3 Age certificate, employed children 38 ^ 9 Age certificates, inspected 39 80 Age, compulsory attendance 67 183 Age, school: cities second class 56 142 school districts 109 300 Agents, distribution of text-books 192 573 Agriculture, state aid for, normal training high schools 168 504 Agricultural College. (See State Agricultural College.) Aid to high schools: county aid, population less than 10,000 138 413 state aid, agriculture and domestic science 168 504 state aid, normal training 167 499 Alcoholic stimulants : pupils instructed in effects 36 85 teachers examined on effects 36 85 Annexation of school districts to other districts 91 245 division of districts annexed 91 246 Annexation of territory to city 105 282 appeal 105 284 value of property 105 283 Annual meeting: board of education, cities first and second class 41 95 consolidated school district 95 256 graded school district 95 256 school district 95 256 union district 95 256 See, also, District, annual meeting. Annual report: board of education, cities first class 50 123 board of education, cities second class 60 161 clerk of joint district 113 315 county superintendent 82 219 district clerk .' 112 312 trustees of county high school 132 384 Annual school fund 184 apportioned how 185 563 consists of what 184 554 county treasurers receive 184 557 distributed by state superintendent 185 563 paid to county treasurers by state treasurer 184 556 paid to district treasurers by county treasurer 184 558 payment by insurance companies 184 559 report of state treasurer to state superintendent 177 528 state treasurer to keep separate account 177 528 state treasurer to receive 184 >55 subject to order of state superintendent 184 555 (213) 214 INDEX. Pg. Sec. Aplington Art Gallery 161 483 management '. 161 484 part of Kansas traveling libraries 161 484 Apparatus : purchase without approval, penalty 206 614-5 sale without approval, penalty 206 612-3 Appeal : adjustment of property, district annexed to city 105 284 appraisement of condemned property, cities . 44 103 appraisement of land condemned for site 103 280 conviction in juvenile court 156 472 formation of joint district 93 254 formation or alteration of school districts 86 229 juvenile court to district court 151 451 Appendages for school house . . . 119 338 Apportionment of funds: Barnes high schools 136 402 cities, towns or villages under special law 122 349 Appraisement, cities: appeal 44 108 appointment of commissioners 43 101 notice of appraisal 44 102 report of commissioners .*. . 44 102 Appraisement, school districts: appointment of appraisers 103 279 school house, change of site 103 278 site condemned 103 280 Appropriation : agriculture and domestic science in high schools 168 504 course of study for rural schools 107 299 examination, normal training high schools 167 501 industrial training x 144 430 normal institute fund 165 495 normal training high schools 168 503 state aid to school districts 100 271 State School Book Commission 194 582 Art gallery. (See Aplington Art Gallery.) Assistant state superintendent public instruction : appointment duties 185 562 oath * 185 562 state superintendent responsible for acts 185 562 Asylums, education of children in 71 191 Attachment of territory : cities first class 46 18 cities second class 56 143 Attendance, compulsory. (See Compulsory attendance.) Attendance of pupils, daily record 118 337 Attorney-general : advise state superintendent 186 565 collect money due the state 178 529 enforce law, estates of deceased persons without heir 181 542 examine bonds and proceedings 175 521 member board of school-fund commissioners 174 518 Auditor. (See State auditor.) Barnes high schools. (See High schools, Barnes law.) Bible may be used in schools 50 125 61 163 Bids, when required, cities second class 60 162 Biennial report of state superintendent 187 570 INDEX. 215 Blanks for common schools : p~ distributed by county superintendents 186 555 prepared by state superintendent 186 566 Blind childi-en must be sent to school 71 139 Board of education, cities of the first class : annual meeting 41 gg annual report 50 123 attach adjacent territory 45 103 body corporate 40 92 bond of clerk 47 112 bonds, estimate 50 127 bonds, petition for election . . -. 51 128 clerk 41 96 dealers in school books designated 192 578 deficiency shall not be created 50 127 districts, city divided into 49 119 election 40 92 election, commission-governed cities 40 94 eminent domain 43 100 estimate of cost of sites and buildings 50 127 examining committee 42 98 expenditures, limit without contract 50 124 fire protection 124 359 fiscal year '. : 41 95 tiigh-school fraternities, expulsion of members 126 366 incapacitated children examined 67 183 industrial training provided 143 432 investment of sinking fund 52 131 investment of teachers' retirement fund 171 510 kindergartens 157 473 liability for bonds issued in excess of amount voted 51 128 limit of authority to levy tax 49 118 manual training 47 109 may sue in its own name 49 120 meetings, regular and special 49 122 members, nomination, election, term 40 members receive no pay 48 members shall not be city commissioner nor members of city council 40 92 money levied to pay coupons 54 night schools 163 485 nomination and election commission-governed cities 40 pay cost of condemnation proceedings penalty for refusal to levy tax for payment of coupons permit temporary absence personal liability of members ^0 127 POW ?" ' 47 110 president purchase of textbooks, .revolving fund : iy * refund outstanding bonds registry and signing of refunding bonds g ^ remove employees 4g IQQ right of eminent domain ' 5?g school books sold to patrons gg school buildings opened, certain uses ^ iQg school-fund depositories : 4g 12Q school property held by board ^ ^^ school property, sale of g( ^ superintendent of schools tax: 48 116 buildings .143 431 industrial training 216 INDEX. Board of education, cities of the first class: tax concluded. Pg. Set, interest and sinking fund 52 130 interest coupons, refunding bonds 54 137 support of schools 48 116 taxes collected subject to order of board 49 117 term of members 40 92 treasurer 47 113 truant officers . . 68 184 vacancies, how filled 40 93 vacancy in examining committee 48 115 Beard of education, cities of the second class : vice president 47 111 additional school grounds 64 174 annual meeting 41 95 annual report 60 161 attach adjacent territory 56 143 body corporate body corporate, name bonded indebtedness of annexed territory 105 283 bonds : authorized 61 167 election .' 61 164 repairs, with approval of state superintendent. ... 61 167 warrants outstanding 64 175 denominations, .payment, interest, signature 64 176 elerk 57 146 bond 59 .153 compensation 57 146 duties 41 96 election 57 146 may be member of board 57 146 term 57 146 condemn site for schoolhouse - - 103 200 280 dealers in school books designated 192 578 election 40 ' election, commission-governed cities 40 examining committee exclude children between ages of five and- seven 56 expenditures fire protection 124 35 & fiscal year 41 high-school fraternities, expulsion of members 126 incapacitated children, examination industrial training provided 143 investment of sinking fund . -.- 62 issue bonds to pay outstanding warrants kindergartens 157 473 m e e, inS s I HI members for attached territory members, nomination, election, term members shall not be city commissioners nor members of city council. . night schools nomination and election, commission-governed cities oath of office offi-rs HI organization pay cost of condemnation proceedings payment for buildings by time warrants or bonds permit temporary absence INDEX. 217 Board of education, cities of the second class concluded p g g ee POW6 7 58 149 president, duties CQ IKI oo lol electlon - 57 146 property conveyed to by city 58 148 property held by board 5g j^ purchase of textbooks, revolving fund 192 573 remove employees 41 95 right of eminent domain 43 100 sale of bonds (for outstanding warrants) 64 177 school books sold to patrons 192 573 school buildings opened for certain uses 42 99 school-fund depositories designated 45 106 superintendent of schools 42 97 tax: buildings 63 172 indebtedness 59 156 industrial training 143 431 interest and sinking fund 61 166 interest and sinking fund, outstanding warrants 64 178 support of schools 59 155 tax levy, limitation 59 156 tax levy, limitation, certain cities 60 157 treasurer, bond 59 154 duties '. 59 154 election 64 179 truant officers, appointment 68 184 vacancies, how filled 40 93 validity of official acts 65 180 vice president, duties 59 152 election 57 146 Board of education, cities of the third class: condemnation proceedings, cost 45 104 right of eminent domain 43 100 school-fund depositories designated 45 106 Board of Education, State. (See State Board of Education.) Bond: care of delinquent children i53 456 county superintendent district treasurer 114 secretary State School Book Commission 19 572 state superintendent of public instruction 185 560 treasurer, board of education, cities first class treasurer, board of education, cities second class treasurer, board of trustees, county high school 128 371 Bonded indebtedness: disorganized districts . merged districts refunding of ; report of district clerk and clerk of board of education to county clerk. . . school district annexed to city 105 2 ^ territory annexed to city Bonds 7 additional bonds, hearing, election g application to vote additional bonds application to vote additional bonds heard by commission ^ cancellation by state treasurer _ 4g cancellation of bonds and coupons paid ^ g43 consolidated bonds . ^^ registration ' 175 J n examined by attorney-general 7 ^ limitations modified 218 INDEX. Bonds concluded. Pff. Sec. must be offered to School-fund Commission. 178 530 payable at office of state treasurer ,... 11 15 payment before maturity 10 13 11 14 penalty for neglect of duty 11 19 purchased by School-fund Commission 175 521 record of bonds purchased by School-fund Commission 176 526 register of auditor and treasurer compared 182 549 register of bonds offered to School-fund Commission 175 521 remittance of funds to state treasurer 11 17 School-fund Commission may authorize increase in amount 7 5 state treasurer to furnish statement of amount due 11 16 See, also, Warrants and bonds lost and destroyed. Bonds, board of education, cities of first class : authority to issue 50 127 election 51 128 estimate of cost of sites and buildings 50 127 interest paid when due 53 132 limitation 51 128 payment of interest and principal secured 53 132 purchased with sinking fund 52 131 rate of interest, when payable 51 129 refunding bonds authorized .- 53 135 registry of bonds by clerk of board 53 134 registry, refunding bonds 53 136 security 53 133 tax levy for interest and sinking fund 52 130 Bonds, cities of the second class: authority to issue 61 167 bonds for repairs and heating plants 61 167 limitation of issue 61 167 bonds to pay outstanding warrants 61 167 64 175 limitations, payment, interest, signature 64 176 sale 64 177 tax for interest and sinking fund 64 178 election, cities second class 61 164 execution 61 165 four-year bonds for buildings ; 63 172 interest paid when due 62 169 interest not to exceed five per cent 61 167 issued for what purposes 61 limit of bonded indebtedness 61 167 payable in twenty years registry security 63 17 tax levy for interest and sinking fund 61 166 Bonds, county high school, population under 6000: authorized 133 393 election 134 394 limitation 134 unlawful use 134 39e Bonds, refunding: board of education, cities first class 53 payable within twenty years 53 rate of interest 53 refunded bonds canceled and destroyed registered and signed 53 bonded indebtedness may be refunded bonds and coupons paid and canceled certified statement of proceedings 14 INDEX. 219 Bonds, refunding concluded. p~ g ec county treasurer to levy tax 15 27 coupons receivable for taxes lg 30 disorganized districts 20 39 failure to levy tax for interest and sinking fund 15 26 indebtedness to be canceled 13 2 2 indebtedness not to be increased 15 25 installment bonds may be issued 16 28 limitation of bonded indebtedness 13 22 merged district, district officers may refund _ 18 33 election to refund 19 37 form of bond 18 34 law governing indebtedness 20 38 levy for interest and sinking fund ! 19 35 suits respecting bonds 19 36 no refunding within two years of issue 13 22 penalty for failure to levy tax . 15 26 penalty for wrongful use of funds 18 31 record of proceedings School-fund Commission . . .*. 182 553 refunded bonds canceled 14 24 registration 14 24 School-fund Commission may receive 182 551 signed by whom 12 21 sinking fund to be created 16 28 sinking fund, investment of 17 29 stamped by auditor and charged to treasurer 182 552 tax levy for interest and sinking fund 15 26 Bonds, school district: authority to issue 5 canceled and destroyed on payment 10 12 denominations 7 disorganized district 20 39 disposal 7 election 5 conducted under general election laws 6 notice of election 6 rdered by district board 6 petition 5 interest, rate of 7 interest payable semiannually limitation of amount payable within fifteen years 7 3 penalty for issue without authority penalty for unauthorized use of bonds ' 9 purpose for which issued refunding outstanding warrants registration school census g signed by director and clerk tax levy for interest and sinking fund ^ g4g union or graded school district Books of reference not excluded by State School Book Commission Boundaries, school district: ' gg 227 changed by county superintendent gi 2lg description furnished to county clerk 2ig map furnished to assessors gl 21g reestablished in case of error gl 217 reestablished, records lost or destroyed ' 106 285 Branches taught in district schools Buildings: 42 99 boards of education may open 220 INDEX. Buildings concluded. pg g e0 bonds for buildings, cities first class 50 127 cities second class 61 167 school districts 5 i county high schools 129 377 estimate of cost, cities first class 50 127 limitation of cost, cities second class 63 172 tax levy for buildings, cities first class 48 116 tax levy for buildings, certain cities second class 63 172 Business colleges 21 notes or contracts void, when 22 44 penalty for canvassing without permit 21 43 permit to canvass 21 40 permit shown by agent 21 42 revocation of permit 21 41 6ensus, annual school : items recorded 71 138 oath of parent '....*. 71 188 ertificate of age, employed children:- based on school census 38 69- form 38 89 inspection 39 90 obtained by employers 38 89 Certificates, teachers' : cancellation 26 55 36 84 common school certificates issued by State Normal School 28 61 county certificates 30 applicants from other counties 31 70 examinations 30 69 first grade 33 79 high school credits 34 80 renewal 33 79 grades of county certificates 33 78 high school credits for second and first grade 34 86 indorsed in other counties 35 83 issued by county board of examiners 30 69 issued only on examination 35 82 professional, renewal of 34 80 record of candidates by county superintendent 78 213 renewal of first grade 33 79 revocation 35 83 36 84 second grade 33 79 graduates of county high schools 131 383 high school credits 34 80 temporary third grade 33 Y9 valid in county where issued 35 83 county high schools: graduates 131 383 teachers 131 332 districts employing ten or more teachers '. industrial training 143 433 issued by other states 26 53 life certificates 23 * 5 normal institutes 164 491 conductors 164 49] instructors 164 491 registration : by county superintendent or clerk of board INDEX. 221 srtificates, teachers' : registration concluded. by state superintendent $ no fee required state certificates: application for renewal cancellation ' ' " 2g ' diploma of State Normal School ' '.' ' 2 8 31 five-year certificate 24 issued by other states. . * Zo 53 issued on examination 2 o > fi issued to graduates of accredited institutions 25 r -0 life certificate '.(','.'.'. 25 50 three-year certificate 25 50 lapsed by expiration of time 09 67 renewal ....'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 26 54 life certificate by renewal of three-year 2 56 registered by county superintendent or clerk of board 28 62 registered by state superintendent of public instruction 28 60 renewal : lapsed certificates 26 54 three-year certificates 26 56 revocation 3g 34 signed by state superintendent of public instruction 28 60 three-year 24 47 three-year, to graduates of accredited institutions 25 50 renewal 25 50 three-year, to graduates with practice-teaching 27 57 valid, where 24 47 void, when 26 54 State Normal School certificates: common school certificate 28 61 diploma a legal certificate 28 61 one-year certificate 27 58 renewal 27 59 three-year certificate 27 58 ertificates void, when 26 54 Challenge, voter at district meeting 96 260 Change of site 103 278 Ckarts : purchase without approval, penalty 206 614-5 ' sale without approval, penalty 206 612-3 hild labor 38 age certificates inspected 39 90 children under fourteen 38 H7 children under sixteen 38 88 penalty 39 91 f kildren : arrested children under sixteen years of age 151 450 jurisdiction of juvenile court 151 450 attendance at school compulsory children in asylums to be educated 71 191 detention home for homeless 154 461 delinquent children 147 441 care 150 448 care to be parental committed to care of probation officer custody custody revoked dependent or neglected children adoption !49 ^ 7 care . " 446 222 INDEX. Children : dependent or neglected children concluded. Pg, Sec. custody 153 457 custody revoked 150 449 jurisdiction of juvenile court 156 468 employment 38 87 age certificate 38 89 age certificate inspected 39 90 children under fourteen. . 38 87 children under sixteen 38 88 penalty ,- 39 91 exclusion of children under seven years, cities second class 56 142 incapacitated, exempt from school attendance 67 183 Cigarettes, unlawful to sell or give away 208 617 Cities - 40 Cities of the first and second class 40 Cities of^the first class 46 adjacent territory attached 46 108 annual report, board of education 50 123 board of education 40 92 See, also, Board of education, cities first class. bonds 50 127 city composes school district 49 119 course of study for common schools not required 107 291 definition, city first class 46 107 election, board of education 40 94 elections under commission system 55 140 eminent domain, right of 43 100 examining committee 42 98 expenditures, board of education; contracts 50 124 fire marshal shall inspect school buildings 124 359 free textbooks provided if authorized by vote 192 578 investment of sinking fund 52 131 limit tax levy board of education 49 118 minimum term eight months 98 264 money levied to pay coupons 54 139 night schools . '. 162 485 nomination and election, board of education 40 94 penalty for refusal to levy tax for payment of coupons 54 138 property appraised and condemned for school purposes . . . : 43 101 registration of certificates 28 62 religious doctrine 50 125 right of eminent domain 43 100 sale of property school buildings may be opened for certain uses 42 99 school fund depositories 45 , 106 school property exempt from taxation 50 school property held by board of education 49 120 sectarian doctrine 50 125 separate district for truancy act . 69 185 separate schools for white and colored children 47 109 superintendent of schools 07 taxation : annual levy for support of schools interest coupons, refunding bonds interest and sinking fund 52 limitations 49 118 See, also, Taxation, cities first class. taxes subject to order of board of education 49 teachers' retirement fund 171 5oe territory annexed, indebtedness 105 title to condemned land, appeal INDEX. 223 Cities of the first class concluded. p treasurer board of education ^ truant officer vacancy in board of education 40 vacancy in examining committee 40 -. -. ^ vacancy, officers and employees of board of education 41 95 See, also, Board of education, cities first class. Cities of the first, second and third class 43 Cities of the second class 55 additional school grounds 64 174 adjacent territory may be attached 56 143 annual report board of education 60 161 appeal, title to condemned land 44 103 board of education 4 gg See, also, Board of education, cities second class. bonds 61 167 contract required, when 60 162 conveyance of property to board of education 58 148 execution of conveyance , t 53 149 course of study for common schools not required 107 291 definition, cities second class 55 141 election board of education 40 94 eminent domain, right of 43 100 examining committee , 42 98 execution of conveyance of property 58 148 expenditures 60 162 fire protection 124 359 free common schools 56 142 free textbooks provided if authorized by vote 192 578 indebtedness of territory annexed 105 282 investment of sinking fund 62 168 length of school term 56 142 minimum term eight months 98 264 night schools 162 485 nomination and election, board of education 40 94 payment for buildings by time warrants or bonds 63 172 public schools a body corporate 58 147 property appraised when condemned for school purposes 43 101 property condemned 43 101 registration of state certificates 28 62 right of eminent domain 43 100 school age 56 142 school buildings opened for certain use 42 99 school fund depositories 45 106 sectarian doctrine 61 163 separate district for truancy act 69 185 superintendent of schools 42 taxation 59 155 annual school tax 59 155 buildings, certain cities 63 172 interest and sinking fund 61 166 interest and sinking fund, outstanding warrants 64 178 limitation 59 limitation, certain cities 60 to pay indebtedness ' 59 whole city taxed territory detached by county superintendent 57 territory in school district remains attached, city changed from third to second class 57 144 treasurer of board of education 64 179 truant officer 185 224 INDEX. Pg. Sec. Cities of the third class 66 change to second class 57 144 course of study for common schools not required 107 291 defined 66 181 eminent domain, right of 43 iQO no portion detached from school district 66 182 one school district 66 182 property appraised and condemned 43 101 school-fund depositories 45 106 schools governed as district schools 66 181 territory in school district remains attached, city changed from third to second class 57 144 title to condemned land, appeal 44 103 Cities under special law receive public school fund 122 849 City attorneys, assist probation officers 151 452 Clerk, board of education, cities of first class: bond 47 112 certify number of members of board to be elected 40 94 duties 41 96 register bonds 53 134 registration of state certificates 28 63 report certificates registered 29 66 school books, requisition for 1 92 579 school books, sale to patrons 192 578 sign refunding bonds 53 138 Clerk, board of education, cities second class : bond 59 158 certify number, of members of board to be elected 40 94 compensation 57 146 duties 41 96 election 57 146 may be member of board 57 148 register bonds 63 171 register state certificates .* 28 63 school books, requisition for 192 579 school books, sale to patrons 192 578 term 57 146 Clerk, board of education, city, town or village under special law, report to county superintendent 122 149 Clerk, township high school, certify tax levy 141 43 Colleges : accredited by state board of education 24 48 course of study examined and approved by state board of education 24 48 graduates may receive state certificates 25 52 Collegiate department of state school system 1 Colored children, separate schools, cities first class 47 10i Commissioners, state school fund. (See School-fund commissioners.) Common-school diploma: average grade required 108 295 credit on school work 108 295 examinations 108 296 dates 108 296 expense paid by county 108 296 grade required 108 295 grades of 80 per cent carried two years 108 295 places 108 296 questions prepared by state board of education .108 297 subjects 108 295 uniform examinations throughout the state 108 298 granted on completion of course of study rural and graded schools 1 8 294 INDEX. 225 Common-school fund: fines, penalties, etc ........ Pg ' Sec ~ religious sect shall not control ...... . . money unclaimed ............... Common schools: course of study prepared by state board of education fines applied for support ...................... See, also, Districts. Compensation : assistants to state board of education ................ 107 ogg board of county examiners ............ clerk board of education, cities second class .......... . . 57 146 county superintendent .......................... 83 members State School Book Commission ............ ...... 139 571 parents for conveying pupils ........................ ' ' 1Q2 2?6 probation officers .............................. ' 147 44 ~ secretary State School Book Commission ........... '..'.' ' 190 572 treasurer board of education, cities first class ................ 47 113 truant officers ..................................... '.'.'.'.'.'.'.'.'.'/. 70 186 trustees, county high schools .......................... . 132 QQQ Compulsory education ............................... 67 Compulsory school attendance .................... Q7 i go age eight to fifteen years ................................. 67 133 annual school census ................................ 71 ^gg children in asylum .................................... 7 ^ ^g^ children incapacitated ..................... . ............. 67 133 deaf, dumb and blind ........................................ 71 139 employment unlawful ........................................... 68 184 exemption ................................................. ... 67 183 graduates from common schools exempt ............................. 67 183 incorrigible pupils ............................................. 69 185 juvenile court has jurisdiction .................................... 68 184 parents responsible ............................................. 69 185 penalty ....................................................... 71 190 temporary absence in emergency .................................. 68 184 teachers to report ............................................... 70 187 truant officers ................................................. 68 184 appointment .............................................. 68 184 compensation .............................................. 70 186 complaint .................................... ............ 68 184 duties ................................................... 68 3 84 notice to parents ................. . .............. ............ 68 184 report to parents ........................................... 69 185 Condemning property for school purposes: cities ........................................................ 43 101 cost of proceedings ........................................... 45 104 land on which schoolhouse has been built ............................ H7 332 school districts ................................................. 103 28 Consolidation of school districts ....................................... 73 annual meeting .... ........................................... 95 256 county superintendents may combine districts ........................ 73 county superintendent to be notified ................................ 74 duties and powers of board ....................................... name of union district .......................................... 75 20C powers of district meetings and district board ........................ property of district ..................................... ' record of boundary ............................................. transportation of pupils ......................................... union with district containing graded school ......................... Constitution, educational provisions ................................... 226 INDEX. Pg. Sec. Contagious diseases 109 303 duty of parent and guardian 109 303 pupil infected excluded from school 109 302 Contracts : annulling contracts by teachers . . . . 36 84 cities first class, when required 50 124 cities second class, when required 60 162 district board with relatives, void 118 336 officers prohibited from taking contract 123 354 publishers of textbooks :202 599 blanks furnished by attorney-general 202 600 violation 202 598 School Text-book Commission 189 571 . teachers', when districts are combined 73 192 teachers', to be in writing 117 J34 Conveyance of property, cities second class to board of education 58 148 Conveyance executed 58 149 Conveyance of pupils: compensation to parents 102 276 consolidated districts 74 195 expense of sending pupils to other districts. . : 101 274 provided by district board 103 277 school discontinued, certain districts 100 273 County aid to high schools, population less than 10,000 138 413 counties exempt 140 424 county commissioners may provide 138 413 county superintendent, duty of 140 423 county treasurer, duty of 139 420 course of study 138 414 entrance certificate . 138 415 free tuition 138 415 petition 139 417 report of principal 139 421 supervision 139 416 tax levy by county commissioners 140 422 tax levy, limitation 139 418 use of funds 139 419 County aid to school districts 98 265 County attorney: assist probation officers 151 452 investigate claims on estates of deceased persons without heir 180 539 prosecute complaints, compulsory school attendance law 68 184 County board of examiners: appointment 30 68 compensation 30 68 qualifications 30 68 term 30 68 County certificates. (See Certilcates, county.) County clerk: cancel registry of bonds and coupons paid 10 32 certify valuation of school districts 78 213 notify county commissioners of vacancy in office of county superintendent, 84 223 place school district levy on tax roll 120 341 reduce excessive tax levy 159 477 register school district bonds 8 8 report school money to county superintendent 76 203 County commissioners : appeal to: adjustment of school property 105 formation or alteration of school districts 86 229 appointments : appraisers, when schoolhouse site is changed 103 279 INDEX. 227 County commissioners: appointments concluded. board of examiners . . . Pg ' Sec ' board of trustees county high school .' truant officers appropriation for normal institute ........ approve attachment of disorganized district ".'.'.'. approve changes in district boundaries 85 227 call election on establishing county high school ...... 127 employ teachers county high schools, population under 6000 ' ' 133 establish high school at county seat . levy tax : aid to high schools, counties of less than 10,000 140 423 aid to school districts " ' gg Barnes high schools '.'.'''.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 136 405 detention home 155 4g4 high schools in certain districts '. 140 422 indebtedness of depopulated district 88 232 school districts ' 12Q 341 make provision for aid to high schools . 138 413 notice and report on condemnation of land in cities ,,, 43 102 provide payment of indebtedness disorganized district 89 240 County examinations. (See Examinations, county.) 30 68 County high schools. (See High schools, county.) ' ' 127 357 County school fund 76 apportionment > 80 214 collected and paid over by county treasurer 76 202 fines, penalties and forfeitures 77 209 paid to proper officers 77 2 05 penalty, county treasurer 77 207 proceeds of fines and estrays reported by justice of peace 76 204 report by county clerk to county superintendent 76 203 unclaimed money 77 2 08 County superintendent of public instruction 78 administer oaths 84 225 agent of State Orphans' Home 91 249 annex districts without school 91 245 annex district to district with graded school 74 194 annual report to state superintendent . 82 219 appeal in formation or alteration of school districts 86 227 appeal to, by suspended pupil 119 339 appoint member of district board, office forfeited Ill 307 appoint time and place for first district meeting 86 229 appoint to fill vacancies in district board 84 222 apportion school fund 80 214 attach territory of disorganized district 89 239 bond 78 212 certify amount due districts from state and county 99 267 certify amount due school districts from county 98 266 certify amount necessary to maintain Barnes high schools 136 404 certify assessed valuation of property to district clerks 78 213 certify attendance in Barnes high schools 136 405 certify money necessary to aid high schools, counties of less than 10,000, 140 423 chairman, board of county examiners 30 68 change district boundaries 85 clerk hire 83 220 combine district 73 192 compensation 83 compensation as agent of State Orphans' Home 91 249 compensation prescribed by law 1 designate time and place for meeting, consolidated district 73 detach territory, city second class 57 145 determine value of property, new district 87 231 228 INDEX. County superintendent of public instruction. continued. Pg. Sec. disorganize depopulated district 88 234 disorganize partially depopulated district 88 236 disorganize partially depopulated districts on petition 89 238 disorganize partially depopulated district without petition, when 87 238 disposal of property disorganized district : 90 243 district boundaries 81 215-8 distribute funds disorganized district 90 242 divide county into school districts 85 227 divide territory of districts annexed to other districts 91 243 duties, general 78 213 elected in each county 1 employ deputy, when 91 247 employ teacher, failure of school district 99 269 endorse agreement of dealer in school books 193 580 estate of deceased person without heir 179 534 examine clerk's report 84 224 find estimated expenditures and income districts receiving state aid 99 268 form districts within Indian reservation 86 228 form truant districts 68 184 furnish description of district boundaries to county clerk 81 215 furnish information on indebtedness depopulated districts 88 232 furnish map of school districts 81 216 inspect work of county normal institutes 78 213 issue temporary certificates 35 81 jurisdiction over joint districts 93 254 keep list of district officers 85 227 keep office open 78 213 levy tax and employ teacher on failure of district 99 269 levy tax to pay indebtedness, part of district annexed to city 105 283 levy tax, Barnes high schools, when 136 405 make provision for aid to high schools 138 413 member board of trustees county high school 127 369 name places for diploma examinations 108 296 neglect or refusal to perform duty 91 248 nominate truant officers 68 184 notice, estate of deceased person without heir 180 537 notice, formation of school district 86 230 notice, special district meeting, no annual meeting held 95 257 notice special meeting, new district 86 230 notify truant officers 70 187 normal institute held by county superintendent 164 190 appointment conductor and instructors 164 491 disbursement of funds 165 496 fees collected 164 492 fees transmitted to county treasurer 165 494 meeting, time and place determined 164 490 union institutes 166 497 number school districts 85 227 oath 78 212 payment of school orders depopulated district penalty : failure to provide for seven months' school 99 269 failure to visit schools 83 220 receiving bonus 123 352 power to administer oaths 84 president board of trustees county high school 128 371 price lists of school books 194 5&1 provide for sending pupils to other districts 73 public meetings 78 213 purchase school district record books 84 226 qualifications 1 78 21 reestablish boundary lines, record lost 81 217 INDEX. 229 County superintendent of public instruction. concluded. Pa s reestablish boundary lines, error . records '.'.'. '.'.'.'.'.'.'.'.'.'.'.'.'. | | ' 78 *g record of boundary, union district 75 ^' g8 register of teachers 7g 2 register state certificates and normal school diplomas 28 63 report certificates registered to state superintendent 29 06 report population of depopulated district 88 235 report to state superintendent quarterly 73 213 send pupils to other districts 7 d IQ % supervise high schools with county aid 139 4^5 teachers' associations yg 213 term of office 7 g 211 territory annexed to cities of first or second class 105 283 traveling expenses 83 220 trespassers on school land 92 251 unlawful to purchase school lands. . 92 350 vacancy in office filled by county commissioners 84 r 'U3 visit each school in county 78 213 visit indentured pupils of reform school 145 437 County treasurer: apply to state treasurer for money apportioned to county 184 557 collect school district tax and pay to district treasurers 120 341 collect and pay over county school fund 70 c,0? compensation not allowed, county or state school funds ,. . . . 77 206 credit interest on sinking fund 9 10 custodian normal institute fund 165 493 financial statement to district clerks 113 313 joint district funds 94 255 levy tax for refunding bonds 15 27 pay Barnes high school funds to district treasurers 138 411 135 401 pay county fund to district treasurer t 76 202 pay county high school tax to treasurer county high school 129 375 pay district treasurers high-school funds, counties less than 10,000 139 420 pay orders, depopulated districts 88 233 pay orders disorganized district 90 241 pay school money to district treasurers 115 324 pay state school money to district treasurers -. 184 558 penalty : failure to levy tax for refunding bonds 15 27 failure to pay over county school fund 76 202 failure to pay over school money 77 207 violation Barnes high-school act 138 412 receive school money for state treasurer 184 557 remit to state treasurer money to pay bonds and coupons 11 report bonds and coupons canceled 10 time for payment to district treasurers 113 314 Course of study: Barnes high schools 137 407 college and university, approved by State Board of Education 24 48 common schools 106 286 assistance to State Board of Education 107 288 based upon adopted texts 106 does not apply to cities 107 291 every school district shall use 107 292 major subjects 106 287 printing and distribution 107 printing completed, when 107 six subjects in one term 106 county high schools 13 379 230 INDEX. Course of study concluded. pg. $ ec district schools: branches taught 106 285 effects of alcoholic stimulants 36 85 high schools: Barnes high schools 137 407 county 130 379 counties with less than 6000 population 133 388 townships 141 427 with county aid 138 414 industrial training 143 433 night schools 162 488 normal institutes 23 46 public schools 23 46 Custodian dependent, neglected, delinquent child 148 444 Custody of dependent or neglected children 153 457 Deaf children sent to special school 71 189 Degrees conferred by State Normal School 27 59 Delinquent children 147 441 Dependent children 147 441 Depopulated district 88 232 county treasurer shall pay orders 88 233 definition 88 235 disorganized by county superintendent 88 234 Deputy employed by county superintendent 91 247 Detention home: government 154 462 homeless children 154 461 record of inmates 155 463 tax for support and maintenance 155 464 Diploma : common school. (See Common school diploma.) 108 294 state diploma issued on examination 23 45-6 valid where 23 45 State Normal School diploma, registration 28 62 Director of school district : Ill 308 duties . . .' Ill 308 election . 110 305 sign orders on county treasurer 115 324 sign orders on district treasurer 115 323 suspend pupils 117 339 term 110 305 Discontinuance of school: certain districts 100 273 expense of sending pupils to other districts 101 274 provision made by annual meeting 101 274 pupils sent to adjacent district 100 273 state fund not forfeited 101 274 Disorganized districts: bonds 20 39 depopulated district disorganized by county superintendent 88 234 distribution of funds 90 242 disposal of property 90 243 floating indebtedness 89 240 orders paid by county treasurer 90 241 partially depopulated district 88 territory attached to adjoining district 88 234 territory attached not liable for debt of district 90 244 District board: admit scholars from adjoining district 117 333 adopt regulations for use of schoolhouse 116 330 appendages for schoolhouse H9 338 appoint librarian 160 481 INDEX. 231 District board concluded. p assess tuition fee J* g build, hire or purchase schoolhouse 116 g 2 g call special meetings 95 2 56 care of schoolhouse and property Ug Q ? Q challenge of vote at district meeting QQ 260 condemn site for schoolhouse 103 280 consists of director, clerk and treasurer HO 305 contract with teachers 117 334 designate dealers in school books 192 573 determine branches to be taught 106 285 director, duties in 308 discontinue school 101 274 dismiss teachers for cause with advice of. county superintendent 117 334 duties and powers, union district 75 201 election 110 305 employment of relatives prohibited 118 335 establish graded schools 122 350 establish kindergartens 157 473 establish night schools 162 485 examine incapacitated children 67 183 execute lawful orders of district 116 328 expel members of high-school fraternities 126 366 fire protection 124 359 furnish teacher with register 119 340 industrial training 143 432 levy tax for payment of judgment 120 342 library, purchase of books 160 480 library, rules and regulations 160 481 list of members kept by county superintendent 85 227 manage graded school 122 350 matters not determined by district meeting 97 263 oath of office Ill 306 open schoolhouse for certain uses 116 330 penalty refusing admission to schools 109 301 powers of board 116 328 powers of board, consolidated district ' 74 196 provide water-closets 117 331 pupils sent to other. districts 100 273 purchase or lease site 116 328 qualifications of members 96 261 revolving fund for purchase of textbooks 192 school books sold to patrons 192 578 school duties .' 119 340 se}l property of district 116 328 send pupils to other districts 100 273 special meetings called suspension of pupils 1 term of office 110 transportation of pupils 103 vacancy filled by county superintendent 84 visit schools 119 34 District clerk: annual report 1 certify tax to county commissioners 120 341 clerk of board and district meetings HI 310 deliver records to successor; penalty H* draw orders on treasurer H2 duties HI 309 joint district, report 1 librarian, school library I 60 notice of annual or special meeting penalty for failure to report to county clerk tax voted 113 318 232 INDEX. District clerk concluded. pg g gc penalty for false report 113 315 report indebtedness to county clerk 114 320 report list of taxpayers to county clerk 113 317 report to county superintendent 114 319 requisition for school books 192 579 sell school books to patrons 192 578 union or graded school district, duties 122 347 notify county clerk of organization 74 197 District officers. (See District board.) 110 District schools 106 District treasurer: bond ,. 114 322 deliver warrant register to successor 211 632 destroy canceled bonds and coupons 10 12 duties 115 323 , election 110 305 indorse warrants "presented and not paid for want of funds" 211 631 penalty, failure to pay over money to successor 116 327 receive school money from county treasurer 115 324 records 115 326 redemption of indorsed warrants 211 632 register warrants indorsed 211 631 report 115 326 separate account, funds to pay high-school tuition 126 364 treasurer of union or graded school district 122 348 Districts, school 93 annexed to adjoining district 91 245 annexed to city, first or second class 105 282 annual meeting: discontinue school 101 274 elect members of district board 110 305 levy tax to pay high-school tuition 126 363 order children sent to more convenient district 102 275 powers 96 261 provide for sending children to other districts . ^ 101 274 special meeting, no annual meeting held 95 257 time for holding annual meeting 95 256 annual report of clerk :-. 112 312 appendages provided 119 338 apportionment of property when part annexed to city 105 , 283 appraisement of schoolhouse for change of site 103 279 appropriation for state aid 100 271 body corporate 93 253 boundaries changed by county superintendent 85 227 boundaries furnished by county superintendent to county clerk 81 215 branches taught 106 285 challenge of voter at district meeting 96 260 change of schoolhouse site 103 278 children sent to more convenient district 102 275 cities of third class governed as districts 66 181 cities of third class, no part detached 66 182 clerk, duties HI 309 clerk to be clerk of board and district meetings Ill 310 ' clerk to draw orders on treasurer 112 311 combination of districts by county superintendent 73 192 consolidation. (See, also, Consolidation of school districts.) 73 193 contract with teachers 117 334 conveyance of pupils : compensation to parents 102 expense of sending pupils to other districts 101 274 provided by district board 103 277 school discontinued, certain districts 100 273 INDEX. 233 Districts, school continued. county aid Pff - Sec - course of study for common schools ".'.'.']'. depopulated districts disorganized . depopulated, when director, duties disorganized, attached to adjacent district . disorganized on consolidation employment of relatives of district officers as teachers prohibited ' ' us establish graded schools ' J^ 2 350 failure of clerk to report to county clerk tax voted ...]... n 3 failure of treasurer to pay over money lie 327 formation of districts by county superintendent 85 227 formation of district within Indian reservation 86 2?8 free textbooks if authorized by vote ' 192 573 graded school district, how formed 12i 040 high-school tuition paid by district 1 26 36g increase tax levy at annual meeting 1 58 476 indebtedness g9 indebtedness when annexed to city of first or second class .... 105 282 joint districts. (See, also, Joint District) ' . 93 254 library, rules and regulations .116 329 meetings : annual. (See, also, Districts, annual meeting.) 95 955 challenge of voter ... QK yo *jbO notice 96 258 notice of first meeting .... HR oon oo ^joO P wers 96 261 powers, consolidated district 74 i 96 qualifications of voters ' 96 25g special meetings. (See, also, Districts, special meetings.) 95 256 minimum term, seven months 9 8 2 64 name ' 93 253 notice of annual or special meetings 9 6 258 no school maintained, when IQQ 273 notice of formation 86 230 numbered by county superintendent 85 227 oath of officers HI 306 office forfeited, when HI 3 Q7 officers HO 3 Q5 officers, consolidated district 75 i 93 organized, when 93 2 5 2 partially depopulated district defined 89 237 partially depopulated district disorganized 88 236 partially depopulated district, petition to disorganize 89 238 penalty for false report of clerk 113 315 powers of board 116 328 powers of district meeting 96 261 pupils sent to other districts 101 274 qualifications of voters 96 259 records and reports of treasurer 115 326 records delivered by clerk and treasurer to successors; penalty 114 321 report of clerk, joint districts 113 315 report of clerk to county clerk 113 317 report of clerk to county superintendent 114 319 report of indebtedness by clerk to county clerk 114 320 restrictions on changing districts . 85 227 restrictions on formation 100 270 scholars admitted from adjoining districts 117 333 , school duties of board 119 340 schoolhouse opened for certain uses 116 330 schoolhouse removed from claim of settler 117 332 school month 108 299- 234 INDEX. Districts, school concluded. p g . Sec. schools free to all between ages of five and twenty-one 109 300 site for schoolhouse condemned 103 280 special meetings: called by county superintendent 95 257 called by district board 95 256 called by petition 95 256 discontinue school 101 274 new district 86 230 no annual meeting held 95 257 notice of special meeting 95 256 provide for sending children to other districts 101 274 state and county aid 98 265 state and county fund 80 214 suspension of pupil 119 339 taxation: annual tax for general school purposes 96 261 floating indebtedness 96 261 high-school tuition 126 363 increasing the levy 158 476 interest and sinking fund, bonds 8 9 interest and sinking fund, refunding bonds 15 26-27 industrial training 143 431 library 160 479 limitation of tax levy 120 341 payment of judgment 120 342 tax voted and not levied or collected 115 325 See, also, Taxation, school districts. teachers' records- and reports 118 337 teachers' examination in districts employing ten teachers 36 86 territory attached to city second class detached by county superintendent. . 57 145 territory of district remains attached to city changed from third to second class , 57 144 transportation of pupils 103 277 treasurer, duties 115 323 union or graded school 121 343 voters may determine length of term '. 97 263 water-closets 117 331 Domestic science, state aid in normal-training high schools 168 504 Dumb children sent to special school 71 189 Educational provisions : act of admission 3 organic act 1 state constitution 1 Elections : Barnes high-school law, adoption of 137 409 board of education, cities first and second class 40 92 40 94 -commfssion-governed cities , 40 94 .bonds, cities of first class 51 128 cities of second class 61 167 county high school 134 394 school district 5 1 cities under commission system 55 140 district officers 110 305 . district officers, new district 86 230 establishment of county high school 127 368 counties of less than 6000 population 133 392 free textbooks 192 578 tax for buildings, cities second class 63 172 tax levy, increase 158 476 territory attached to cities of second class 56 143 township high school 140 426 INDEX. 235 Elections concluded. pg_ $ ec- treasurer board of education cities of second class 64 179 trustees county high school 128 370 Eminent domain: board of education in cities " 43 100 county high schools 45 100 school districts 103 280 Employers of children, keep age certificates on file 38 89 Employment of children under fourteen 38 87 Employment of children under sixteen 38 88 Estate of deceased person without heir 179 534 attorney-general, duty 181 542 may not act as private attorney 180 541 county attorney, duty 180 539 may not act as private attorney 180 541 county superintendent, duty 179 534 notice given by 180 537 estate sold for benefit of common schools 179 536 expense of inquiry 180 540 probate judge, duty 179 535 notice given by 180 538 state superintendent to give notice : 180 537 Examinations : common-school diploma 108 296 county teachers : applicants may write in other counties 31 70 board of examiners 30 68 branches 33 79 examination in physiology and hygiene 36 85 examinations public 33 79 fee for special 32 72 grades required 33 79 papers received from other counties. . 31 70 places designated by county superintendent 30 69 questions : officials may have possession 33 77 opened by examining board 32 74 prepared by State Board of Education 32 73 unlawful use 33 76 special examinations 33 71 state institutions, examinations held 31 time of holding ....' 30 69 unlawful use of questions 32 75 See, also, Certificates, county. districts employing ten or more teachers 36 86 state examinations 23 45 46 Examining committee: cities first and second class 42 common school diploma 103 county 30 38 county high schools 131 districts employing ten teachers vacancy, city first class 48 Expenditures : board of education cities first class, limit without contract board of education cities second class, contract required, when 60 162 children sent to other schools 101 districts receiving state aid Expenses, children sent to more convenient school 1 examination for high-school credits examination in other counties 80 31 70 236 INDEX. Fees concluded. pg. $ ec . indorsement of county certificates 35 83 normal institutes 164 492 special examinations 32 72 Females, no distinction between rights of males and females in school 1 Fines . . 76 204 collected, how 123 352 common school fund 77 209 judgments against school districts 120 342 See, also, Penalties. Fines and penalties. (See Penalties.) Fire protection 124 doors of schoolhouse 124 355 duty of boards of education 124 359 exits from upper floors 124 356 fire drills 125 360 fire-escapes 124 356 furnaces 124 357 inspection 124 359 penalty 125 361 plans for buildings submitted to state architect 124 358 time for compliance with law 125 362 First-grade certificates : high-school credits 34 80 renewal 33 79 requirements 33 79 See, also, Certificates, county. First district meeting, notice 86 230 Flag: display in public schools 170 505 flag day, observance 170 507 rules and regulations for display 170 506 Forfeiture of office: county superintendent 91 248 99 269 district board Ill 307 Forfeiture paid into common school fund 77 209 Forming and changing school districts 85 227 Fraternities. (See High-school fraternities.) Free district schools 109 300 Free schools,' cities second class 56 142 Funding bonds. (See Bonds, refunding.) Funds : common school 77 209 county school 76 202 normal institute: appropriation, county 164 492 appropriation, state 165 495 county superintendent to transmit fees 165 494 custodian 165 493 disbursements 165 496 fees 164 492 candidates for certificates 164 492 32 72 examination at state institutions 31 70 examination in other counties 31 70 indorsement of certificates 35 83 registration of certificates 164 492 renewal of certificates 33 79 union institutes 166 497 state school fund: cities regulated by special law receive 122 349 collection 178 529 INDEX. Funds: state sol-O';, ir-..-" --concluded. 237 Pg. Sec. 174 518 177 527 aisbiirspment c. , .acomc j inVeSt ' nint ......................... '.'.'.'.'.'.'.'..'.".".'.'.'.'.'.'.'. 175 522 ie< 7 d ; ................................................. 176 524 ..nclaimed estates ....... -,,, _ . Globes: purchase without approval ........................... 206 614-5 sale without approval ........................... 206 6 l2-3 Governor : appointments : School Text-book Commission ........ ..................... 196 - 85 State Board of Education ................................ 23 45 State School Book Commission ................................ 18 9 571 proclamation, cities of second class ........ ..................... 55 141 proclamation, school book contracts .................... 200 594 select land for State University fund ................... Graded schools : cities of second class ...................................... 53 -^Q consolidation with district having graded schools ................... 74 194 defined ....................................................... 74 ig^ graded-school district, how formed. . . . ............................ 121 343 single district may establish ..................................... 122 350 (See, also, Union or graded-school district.) Grades of county certificates ...... ' .................................... 33 73 Grades retained in county examinations ................... .. ............ 33 79 Graduates: Barnes high schools: / college preparatory course .................................... 137 i07 general course ....................................... ; ..... 137 407 common schools: admitted to high school ........................... -. .......... 108 294 diploma .................................................. 108 294 county high schools: admission to state institutions ................................ 131 333 133 389 second-grade certificates .................................... 131 383 normal-training high schools ............................... ...... 167 501 State Agricultural College: may teach in county high schools .............................. 131 382 state certificate at discretion of state board ..................... 25 51 State Normal School: common-school certificate .................................... 28 61 may teach in county high schools .............................. 131 382 three-year state certificate .................................... 27 58 three-year renewable state certificate ........................... 27 59 State University: may teach in county high schools .............................. 131 382 three-year state certificates ...................... - .......... ". . 25 52 Guardians : penalty for violation of compulsory-attendance act .................... 68 184 required to send children to school ................................. 67 183 High-school credits, second- and first-grade county certificates ............ 34 80 High-school fraternities : membership unlawful ........................................... 126 365 penalty for membership .......................................... 126 366 High-school tuition: paid by district, when .......................................... 126 363 tax authorized for payment ....................................... 126 364 238 INDEX. Pg. Sec. High schools 126 admission by common school diploma 108 294 approved by State Board of Education * 25 52 High schools, Barnes law: act in effect in certain counties 137 410 act, when in force 137 409 apportionment of funds 136 402 certain cities and counties exempt 137 408 county commissioners levy tax 134 397 county superintendent, chity 136 405 county treasurer to pay and distribute money 138 411 course of study 137 407 course of study must prepare graduates for State University 134 397 election on adoption of Barnes act 137 409 high-school fund 134 397 penalty, violation by county treasurer 138 412 principal shall make report 136 404 standard 134 397 tax levy: buildings 134 397 joint districts 136 403 limited to five-tenths mill 135 393 limited to three-fourths mill; exception 135 399 tax levied by county commissioners 136 404 tax levy made when 135 400 taxes collected and paid to district treasurer 135 401 tuition free in county 137 406 High schools, cities of the first class 47 109 High schools, cities of the second class 58 150 High schools, county, population over 6000 127 admission 130 380 board of trustees appointed 127 369 buildings ' 129 377 county may establish 127 367 courses of instruction 130 379 collegiate 130 379 general 130 379 normal 130 379 election on establishment 127 368 election of trustees . 128 370 examining committee 131 382 graduates 131 383 collegiate course, admission to State University 131 333 normal course, second-grade certificate 131 383 officers board of trustees 128 371 officers, duties of 129 376 principal and teachers, employment 130 378 report of trustees , 132 384 right of eminent domain 45 105 rules and regulations 131 382 secretary board of trustees : appointment 128 371 duties 129 376 site . 129 377 tax levy : annual estimate and levy 128 732 certified and collected 129 375 limited to five-tenths mill 129 373 limited to three-fourths mill, certain counties 129 374 teachers : certificates . 131 382 employment 131 382 INDEX. 239 High schools, county, population over 6000: teachers concluded. examination ........ '* &ec. graduates from state and accredited "institutions" treasurer, board of trustees: appointment . duties ........ ..................... ...128 371 trustees: .................. 129 376 compensation ..................... vacancies ......... . ... ......................................... 132 385 tuition free m county S 385 13Q gg() tuition, pupils from other counties vacancy, board of trustees ..................... ...... 132 High schools, county, less than 6000: bonds : aUth rized i 133 393 electlon .................................................. 134 394 Iimitati n 134 395 i unlawful use of proceeds ........................ 134 course of study ............................. ''.'.'.'.'.'.'.'.'.'.'.'.'.'.'''' election on establishment ......... , 00 , ,. ...................... JLo^ oo7 established by county commissioners at county seat ............... 132 337 established only on petition or election ........................ 133 392 free to pupils in county .................................. 133 3gi graduates admitted to state institutions ................... 133 3g9 teachers employed by county commissioners .............. 133 QQQ High schools, county, population less than 10,000 .............. 13g ' admission ................ IQQ /cic ....................... loo 415 aid provided by county superintendent and commissioners ............ 133 413 collection and use of funds .................................... 1 39 419 counties exempt .............................................. ' 140 424 county superintendent to certify amount of money necessary ........... 140 423 county treasurer, duty of ................................. 139 42 Q course of study ........................................ 13g 4 i3 entrance certificate .......................................... 138 415 free to residents ............................................. 138 4 is one school only aided, counties of 3000 or less ..................... 139 417 petition for county aid ......................................... 139 417 report of principal ............................................. 139 431 supervision ................................................... 139 415 tax levy ...................................................... 139 418 annual levy .............................................. 139 413 collection and use of funds ................................. ." 139 419 county commissioners to levy tax ............................ . 140 422 county superintendent to certify amount necessary .............. 140 423 High schools, normal training. (See Normal training in high schools.) High schools, township : act does not apply in counties of less than 10,000 ................... 141 426 annual meeting ............................................... 141 430 annual meeting of township high-school board ...................... 141 430 authority to establish .......................................... 140 425 course of study ............................................... 141 .427 election, location and establishment ............................... 140 426 election, township high-school board ................................ 140 426 notice of election .............................................. 140 426 petition for election ............................................ 140 426 pupils admitted from other townships ............................. 141 429 regulations ................................................... 141 428 supervision ................................................... 141 427 tax levy ...................................................... 141 430 240 INDEX. High schools, township concluded. p g Sec tuition free . . . . '. -j^ ^og Holy Scriptures: Bible may be used in schools cities second class 61 163 Bible reading not prohibited, cities first class 50 125 Honorary degree, State Normal School 27 59 Hygiene : instruction in all public schools 36 85 teachers, examined in 36 85 Incorrigible pupils 69 185 Indebtedness : bonded indebtedness: compromised and refunded 13 22 increase of debt prohibited when refunded 15 25 refunded 12 20 cities second class, tax authorized to pay floating indebtedness 59 156 disorganized districts: bonded indebtedness refunded 20 39 floating indebtedness 89 240 merged districts 18 33 19 37 Indebtedness reported to county clerk 114 320 Indentured pupil in Industrial (Reform.) School 145 437 439 Indian reservation, school district within 86 228 Industrial education 143 Industrial (Reform) School pupils 145 county superintendent to visit indentured pupils 145 437 indentured pupils 145 437 439 persons sought to receive indentured pupils 145 139 report of visiting agent on indentured pupil 145 433 Industrial training 143 appropriation 144 435 board of education and district board may make provision 143 432 report to state superintendent 143 -134 special teachers may be employed 143 432 state aid 144 435 State Board of Education: approve course of study 143 432 establish standard for teachers. . 143 433 grant certificates 143 433 tax levy ' 143 4ai teachers, standard; certificates 143 433 Installment bonds may be issued 16 28 Institute. (See Normal institute.) Insurance companies, payment to state annual school fund 184 559 Interest on bonds: cities of first class: paid when due 53 132 rate 51 12i) tax levy 52 130 tax levy refunding bonds 54 137 cities of second class: paid when due 62 169 tax levy 61 166 warrants refunded : rate 64 176 tax levy 64 178 refunding bonds 15 26 school districts 8 9 Joint district : annual meeting 95 256 INDEX. .241 Joint district concluded. p appeal to state superintendent in formation or alteration 93 o 54 bonds to take up merged district bonds 19 \ 7 disorganization of partially depopulated joint districts 88 236 funds '..'.'.'.'.'.'.'.'.'.'.'.'.'.'. 94 255 jurisdiction Q3 ~^ organization o 3 .'. report of clerk ... -, -, Q II.' OlO tax levy for Barnes high schools 136 493 Judgment, tax levy to pay 120 342 Justice of peace : jurisdiction 1 23 351 proceeds of fines paid to county treasurer 76 204 report to county superintendent 76 204 Juvenile court ' I 4 g acts providing for support of children 15 4 450 appeal, person convicted of contributing to delinquency 156 472 appeal to district court 151 451 association or individual as guardian of child 149 447 blanks furnished by State Board of Control 16 470 bond, release, of person contributing to delinquency 153 456 care of child, parental 152 454 care of delinquent child, continuance 150 148 care of dependent or neglected child 149 445 city attorneys to aid probation officers 151 452 commitment of child to care of probation officer 150 448 compensation of probation officer 147 442 compensation of probation officer, counties having 25,000 population. . . . 156 467 complaint . 148 443 constables 151 452 continuance of hearing 149 445 county attorneys to aid probation officers 151 452 custody of child during continuance of case 149 445 custody of dependent child during suspension of sentence '. . . . 153 457 custody revoked by court 150 449 delinquent child 147 441 delinquent child, care of 150 448 dependent child 147 441 detention home 154 461 detention home, government 154 462 detention home, record of inmates 155 463 establishment of juvenile court 146 440 fees allowed judge of juvenile court 146 440 fees, witness, allowed police and sheriff 156 469 forfeiture of bond, person having custody of dependent child 153 458 judgment in case of forfeiture of bond 153 459 jurisdiction I 46 44 child over sixteen 155 466 child under sixteen * 151 4 ^0 dependent children 156 truants * 68 184 juvenile farm 154 461 neglected child 147 parents responsible for delinquency of children 1 penalties at discretion of juvenile court 152 453 penalty, contributing to delinquency 152 police officers to report arrests of juveniles 1 probate judge the judge of the juvenile court 1 4 6 probation officer ; appointment, duties, compensation 147 442 procedure, trial of person contributing to delinquency 156 release under bond, person sentenced for contributing to delinquency .... 1 report, annual, of judge of juvenile court 1 responsibility for delinquency of children 1 summoning of custodian of child . : 242 INDEX. Juvenile court concluded. p g g ec suspension of sentence, contributing to delinquency 153 455 suspension of sentence, delinquent child 152 453 tax levied for, detention home or juvenile farm. . . . '. , 155 464 truant officer as probation officer 147 442 Juvenile farm 154 461 Kansas State Traveling Libraries Commission 161 482 Kindergartens 157 cost paid from school funds 157 ^73 established in school district 157 473 part of public school system 157 473 teachers 157 473 certificates 157 473 examination 157 473 Lands: granted by the United States for schools 1 school lands ; sale, revaluation, lease 2 sections 16 and 36 in every township granted for use of schools 1, 3 Laws, school, published by state superintendent of public instruction 186 566 Levies. (See, also, Taxation.) 158 Librarian appointed by district board 116 329 Libraries 160 school district 160 librarian 160 481 purchase of books 160 480 rules and regulations 160 481 rules and regulations made by district board 116 629 tax levy 160 479 Libraries, state traveling. . 161 Aplington Art Gallery, a part of. 161 484 management 161 482 traveling libraries department of State Library 161 432 Lincoln's birthday observed in public schools 170 507 Loan commissioner, office abolished 178 532 Males, no distinction in schools between rights of males and females 1 Manual training, cities of first class 47 109 Map of districts furnished by county superintendent to county clerk 81 216 Maps: purchase without approval 206 614 615 sale without approval 206 612 613 Meetings t board of education, cities first class 49 122 board of education, cities second class 60 160 school district 95 256 annual 95 256 first meeting of new district 86 230 special 95 256 95 257 notice '. 96 258 School Fund Commission 174 519 State Board of Education 23 46 township high school, annual meeting 141 430 Memorial day, observance in public schools 170 507 Merged district: bonds taken up 19 37 form of refunding bonds 18 34 refund bonded indebtedness 18 33 suits against 19 36 tax levy for interest and sinking fund 19 35 Money unclaimed, to common school fund 77 208 Moneys, school, paid over to proper officers i 77 205 Month, school 108 299 INDEX. 243 Minimum term: p cities first and second class. . school districts " >T . yo -264 Neglected child 14? ^ Night schools .. fi ~ attendance not compulsory ' 162 48g cost paid from public school fund 162 48C course of study 162 488 equipment '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 162 188 part of public school system 162 486 . petition for ....'.'.'.'.'.'.'. 162 435 rules and regulations Ig 2 488 school boards may establish 162 485 school buildings used 42 99 sessions 162 487 teachers 163 m payment 163 482 qualifications 163 489 te rm 162 487 Normal department of state school system 1 Normal institutes 164 annual sessions 164 490 conductor and instructors 164 491 county appropriation 164 492 county superintendent, duty 164 491 course of study prescribed by State Board of Education 23 4& custodian of funds 165 493 disbursement of funds 165 496 examination of teachers held at close 30 69 fees transmitted to county treasurer 165 494 funds 164 492 instructors 164 491 place of holding 164 491 state appropriation 165 495 term 164 490 time of holding 164 491 union institutes, two or more counties 166 497 Normal training in high schools , 167 academies, eligible 168 502 appropriation : agriculture and domestic science 168 504 expenses of State Board of Education 167 501 state aid to normal-training high schools 168 503 certificates ^ 167 501 issued by State Board of Education 167 501 issued for two years 167 501 issued to graduates only 167 501 renewable 167 501 course of study prescribed by State Board of Education 167 498 examinations 167 5 1 fees I 67 5 1 applicants for certificates 167 501 expense of grading manuscripts 167 501 high schools designated by State Board of Education 167 493 number of high schools aided in one county 167 499 purpose of normal training act I 67 498 rules prescribed by State Board of Education 167 500 state aid; agriculture and domestic science 1 normal training 167 4 " state funds used for teachers' wages 1 students, number required in normal course 167 500 Notice : annual meeting, school district 244 INDEX. Notice conflicted ! : j. Sec. annual or special district meeting M6 258 appeal from county superintendents adjustment of school property 105 284 appeal to state superintendent, joint district boundaries 93 254 bond election, school districts 6 2 election on establishing county high school 127 368 election, township high school 140 426 meeting to form union school district 121 84-3 school district, first meeting 86 230 special meeting school district 95 257 Oaths: administered by certain officers, verifying warrants 210 620 administered by chairman district meeting Ill 306 administered by county superintendent 84 225 assistant state superintendent public instruction 185 562 county superintendent 78 212 members board of education, cities first class 40 94 members board of education, cities second class 60 1 ?8 members State School Book Commission 189 571 parent, record in school census 71 188 school district officers Ill 306 state superintendent of public instruction 185 560 voter challenged at district meeting 96 260 Officers, state, county, etc., prohibited from taking contract 123 354 Organic act, educational provisions 1 Organization, board of education cities second class. . 57 146 Organization, school district 93 252 Outstanding warrants. (See Warrants.) Parents: children with contagious disease kept from school 109 303 liable for attendance and good conduct of child 69 185 oath in record of census 71 188 penalty for violation of compulsory-attendance act 68 184 required to send children to school 67 183 responsible for delinquency of children 152 455 Partially depopulated districts: defined 89 disorganized 88 236 Patriotic instruction 170 display of United States flag 170 505 patriotic exercises 170 508 rules and regulations for display of flag 170 506 Pay. (See Compensation.) Penalties and fines. (See, also, Fines.) 123 Penalties applied to support of common schools '. 77 209 Penalty : board of education, purchase of unapproved apparatus 206 615 board of education, cities first class : issue of bonds in excess of amount authorized 51 128 refusal to levy tax for payment of coupons 54 138 wrongful use of money levied to pay coupons 54 139 business college, canvassing without permit 21 43 county clerk: excessive tax levy i59 478 neglect or refusal to extend tax, refunding bonds 15 26 county superintendent : failure to provide for seven months' term 99 269 neglect or refusal to perform duty 91 248 receiving bonus 123 * 2 county treasurer: neglect or refusal to levy tax, refunding bonds 15 27 INDEX. 245 Penalty : county treasurer concluded. p refusal to pay over school money 7 g 202 77 207 violation of provisions of Barnes high school act 138 412 dealer in school books, failure to keep agreement 194 531 district board: issuing unauthorized bonds g ^ purchase of unapproved apparatus 206 615 refusing admission to public schools 109 301 wrongful use of bonds 9 ' ^ ^ district clerk: failure to deliver records to successor H4 32 1 failure to report to county clerk tax voted 113 313 false report '.'.'.'.'.'. 113 316 district treasurer: failure to deliver records to successor 114 321 refusal or neglect to pay over district money 116 327 employers, violation of child-labor law . 39 91 increase in price of textbooks 195 533 minors, use of tobacco in public places 208 618 misappropriation of bond funds 18 jji municipal officers, selling bonds without offering to School-fund Commis- sion 178 j30 officers of county, city, township or school board: neglect or refusal to levy tax, refunding bonds 15 26 signing or attesting unauthorized warrant 212 634 officers of taxing district, excessive tax levy 159 473 parent or guardian, refusal to take oath in school census . 71 188 person having control of delinquent child, violation of compulsory at- attendance act 68 184 person having control of deaf, dumb or blind child, violation of compul- sory education act 71 190 sale of unapproved school apparatus 206 613 school officer, violation of fire-protection act 125 361 selling or giving away cigarettes 208 619 State School Book Commission, violation of textbook act 195 584 206 615 state superintendent, receiving bonus 123 352 state treasurer, failure to file statement of collections on bonds 182 550 failure to make out reports 118 337 failure to report truants 70 187 teachers : violation of fire-protection act 125 361 treasurer, county, city, board of education, neglect or refusal to remit money collected to pay bonds or coupons 11 19 unlawful xise of examination questions 33 76 use of textbooks other than those authorized 195 583 Pensions. (See Retirement fund.) Permanent school fund: commission 174 518 constitutional provision custodian .-'..". 177 527 investment 175 522 orders drawn I 76 526 perpetual fund records 1 524 176 525 report 176 524 sources 179 536 See, also, School-fund Commission. 246 INDEX. Petition: _ p g . ^ee. bond election, school district 5 i county aid to high schools 139 417 disorganization of partially depopulated districts 89 238 election, county high school 127 368 election, township high school 140 426 night schools 162 485 special meeting, school district 95 256 Physical examination of children incapacitated for school 67 183 Physiology and hygiene: examination of teachers 36 85 instruction ; . 35 85 Powers of board of education cities of first class 47 109 Powers of hoard of education cities second class , 58 150 Powers of district meeting 96 261 Powers of State School Book Commission 191 574 Practice teaching, normal course in accredited colleges 27 57 Preparatory department of state school system 1 President board of education cities first class 47 110 certify number of members to be elected 40 94 duties 47 110 sign bonds 51 129 sign refunding bonds 53 136 sign warrants . 47 110 210 627 President board of education cities second class 40 94 certify number of members to be elected 40 94 duties 58 151 election . . . 57 146 sign bonds 61 165 sign warrants 58 151 210 627 President School-fund Commission 174 518 President State Agricultural College: member State Board of Education 23 45 member State School Book Commission 189 571 President State Normal School: member State Board of Education 23 45 member State School Book Commission '. 189 571 Principal Barnes high school, report 136 404 Principal, county high school: employed 130 378 member examining committee 131 382 Principal high school with county aid, report 139 421 Probate judge: judge of juvenile court 146 440 notice estate of deceased person without heir 180 538 Probation officer: appointment 147 442 delinquent children 150 448 Professional certificates: discontinued 34 80 renewal 34 80 Property owner, may send children to district in which he owns land 102 275 Property, school : control, cities second class 58 150 conveyance to board of education, cities second class 58 148 deliver to proper officers 77 205 disposition, disorganized district 90 243 district board may sell 116 328 division by county superintendent, new districts 87 231 exempt from taxation, cities first class 50 126 penalty for destruction 1 INDEX. 247 Property, school concluded p~ g ec sale of, cities first class 49 ^21 union district 75 ^gg vested in board of education, cities first class 49 120 Pupils : admission from adjoining districts 117 333 appeal to county superintendent on suspension 119 339 conveyance by parent, compensation 102 276 government in county high schools 131 332 incorrigible 69 185 indentured, of Reform School 145 437 Industrial (Reform) School pupils 145 437 infected with contagious disease 109 302 membership in high-school fraternities . . . 126 365 nonresidents in county high schools 131 381 sent to adjacent district 100 273 sent to more convenient school 102 275 ' sent to other schools 101 274 suspension by district board 119 339 suspension by principal county high school 131 382 suspension for membership in high-school fraternities 126 366 transportation provided by district 103 277 transportation, school discontinued ,. 100 273 truant 69 185 Qualifications : applicants for county certificates 33 79 applicants for state certificates , 23 45 board of county examiners 30 68 county superintendent 78 210 kindergarten teachers 157 47i5 superintendent of schools, cities first and second class 42 'J7 voters in district meetings 96 259 Questions for examinations: common school diploma: prepared by State Board of Education 108 297 county teachers' certificates: distributed by state superintendent 32 73 forwarded, when , 32 74 officers may have possession 33 opened by whom, when ' 4 penalty for unlawful use 33 76 prepared by state board. 32 73 unlawful use 32 75 normal training high school certificates: prepared by state board 1 Record books, for school districts, purchased by county superintendent 84 Records : clerk board of education, cities first and second class county superintendent: apportionment of state and county funds boundaries consolidated districts 75 19 candidates for teachers' certificates t 78 * * official acts district clerk: . rf09 copies of reports 30Q delivered to successor Ill 309 preservation 1;L1 3Qg proceedings of district g26 record report of treasurer district officers: 7R 213 examination of records by county superintendent < ^ failure to deliver records to successors penalty failure to deliver 248 INDEX. Records concluded. pg. g ec ^ district treasurer : records and papers handed over 115 326 records of receipts and disbursements 115 326 School-fund Commission, permanent fund, condition of 176 524 records kept in office of state superintendent 176 525 state superintendent of public instruction, certified, shall be evidence. . . . 187 569 teachers 118 337 warrants drawn 210 628 Refunding bonds. (See Bonds, refunding.) 12 Registration : bonds : cities first class 53 134 cities second class 63 171 consolidated 181 544 permanent school fund 181 545 purchased by School-fund Commission 181 546 refunding 14 24 certificates : lapsed certificates and diplomas not revived by registration 29 67 no fee charged % 29 65 registered by county superintendent or clerk of board of education. . 28 63 registration required before payment of salary 29 64 registration reported to state superintendent 29 66 state certificates 28 62 State Normal School diplomas 28 62 warrants 210 Relatives of district officers, employment as teachers 118 335 Religious doctrine, teaching prohibited, cities first class 50 125 cities second class 61 163 Removal of schoolhouse from settler's claim 117 332 Renewal of certificates : first grade, county 33 79 lapsed state : 26 54 normal training high school 167 501 professional, county 34 80 State Normal School 27 *9 three-year state .- 25 50 26 56 Reports: board of education, cities first class 50 123 board of education, cities second class 60 161 clerk, joint district 113 315 clerks of townships, cities and school boards, statement of indebtedness. . 114 320 county clerk, county school fund 76 203 county superintendent : annual, to state superintendent 82 219 normal institute fund 165 494 quarterly, to state superintendent 78 213 trespassers on school lands 92 251 district clerk: amount of tax voted 120 341 annual report 112 312 commencement of school term 114 319 examination of report by county superintendent 84 224 names of district officers 114 319 proceedings of district Ill 309 taxpayers' names reported to county clerk 113 317 district treasurer H5 326 judge of juvenile court, annual report 155 465 principal, Barnes high cshool 136 404 principal, high school with county aid 139 421 INDEX. 249 Reports concluded. state superintendent of public instruction: biennial ............... t .................. Jg S * C ' investment of school fund .................. 176 teachers : school records ..................................... 118 ^ truanc y .................................................. 70 187 trustees, county high school .............................. 132 3 84 Retirement fund ............................ -, 71 annual payment, disability or incapacity .......................... 172 512 annual payment to teacher retired after thirty years ......... 171 511 appropriation from general school fund .................. .171 509 assessment .................................................... m 5og cities of the first class, fund created in ........................... 171 599 exemption .................................................... 173 516 S ifts .......................................................... 171 509 investinent of surplus .................................... 171 5 i reinstatement of teacher retired for disability ................. 172 512 retirement of teacher with thirty years' experience .................. 171 511 retirement on account of disability or incapacity .................... 172 512 rules and regulations .......................................... 173 517 "teacher" defined .............................................. 172 514 teacher not reemployed ........................ .................. 172 513 transfer to another city .......................... ............... 172 513 treasurer to keep fund separate .................................. 173 515 Revocation of county certificates: causes for revocation ...... : ................................... 36 84 revoked by whom ......... . ........... ......................... 35 83 Salaries. (See Compensation.) Salary not paid unless certificate is registered .......................... 29 64 School as:e : cities second class ............................................. 56 142 districts ......... ............................................ 109 300 School districts. (See Districts.) ...................................... 93 School fund apportioned by county superintendent ...................... 80 214 School-fund commissioners .......................................... 174 application to vote additional bonds .................... " .......... 7 6 attorney-general member of commission ................. ........... 174 518 authorize increase in amount of bonds ............................ 7 5 bonds must be offered .......................................... 178 530 collections .................................................... 178 529 compensation of members ....................................... ITS 533 consolidation of bonds ......................................... 181 543 constitutional provision ......................................... 2 custodian ..................................................... 177 527 estates of deceased persons without heir ........................... 179 534 181 542 funding bonds received ......................................... 182 551 hearing of application to vote additional bonds ....... ' .............. 8 investment of permanent school fund .............................. 175 522 meetings 174 519 members must act personally 174 518 members of board 174 orders drawn for bonds purchased 176 526 present bonds for registration to state auditor 181 546 purchase bonds at lower rate than stipulated 178 531 quorum ' 176 523 record of funds 176 record of proceedings, funding bonds 182 records 174 52 records kept in office of state superintnedent 176 525 register of bonds offered and bought 175 521 secretary of state member of commission 174 518 250 INDEX. School-fund commissioners concluded. Pg. Sec. state auditor to prepare register 181 545 state superintendent member of commission 174 518 state treasurer custodian of bonds, notes, etc 177 527 School fund, county. (See County school fund.) School-fund depositories, cities first, second and third class 45 10& School fund paid to cities under special law 122 349 School grounds, board of education may buy additional 64 174 Schoolhouse: district board may open for certain uses 116 330 district board to build, hire or purchase 116 328 doors open outward 124 355 exits 124 35$ fire-escapes 124 356 furnaces 124 357 inspection 124 359 plan submitted to state architect 124 358 removed from claim of settler 117 332 School lands: lease 2 purchase by county superintendent unlawful 92 250 revaluation 2 sale 2 site acquired by purchase of 104 281 trespasses on, reported by county superintendent 92 251 School laws, published by state superintendent of public instruction 186 066 School month 108 299 School property. (See Property.) School Textbook Commission. (See note, page 196.) 196 advertise for bids 203 601 appropriation 204 608 authority transferred to State School Book Commission 189 571 authorized to make contracts 196 586 basic textbooks not to be excluded 203 606 bids 197 539 bids, additional textbooks 205 611 blank contracts furnished 202 600 bond of bidder . . . ! 198 590 commission created 196 385 contracts not affected by publication act 191 576 dealers and agents 200 595 district ownership 201 597 estimate of number of books needed 201 596 manuscripts 200 592 maximum prices 198 590 maximum prices, additional textbooks 205 610 meetings 197 587 207 616 meetings, special 2S3 602 members 196 585 oath of office 203 604 opening bids 198 590 other school textbooks may be used as reference books 202 599 penalties 203 605 selline charts, maps, globes, etc., without approval 206 613 violation of act 206 615 violation of law by members of commission 204 607 proceedings published 199 591 proclamation of governor 200 594 secretary 199 591 state not liable to contractor 200 593 state superintendent, ex-officio chairman 196 585 term of contract . 202 599- INDEX. 251 School Textbook Commission concluded. term of office textbooks to be adopted .'....'....'.''.'.'.'.'.' textbooks to be adopted, additional ... ' 2(U vacancy violation of contract. ...'.'.'.'.'.]'.'.'.'.'. '. '. '. [ .' .' .' .' .' '.'.'.'."" [ \ [ [ [ ' ^ ^ unlawful to purchase charts, maps, globes, etc., unless approved!! '. 206 614 unlawful to sell charts, maps, globes, etc., unless approved '. 206 612 use of school books in other branches not prohibited 202 5Q9 Second-grade certificates: high-school credits o4 oO requirements 33 ?g Secretary, board of trustees, county high school: election 128 371 duties 129 376 Secretary of state: member of Board of School-fund Commissioners 2 president of 1 Board of School-fund Commissioners . 174 513 Secretary State School Book Commission: bond 190 572 compensation 190 572 duties 190 572 election 190 572 office 194 582 pay daily money received into state treasury 192 579 qualifications 190 572 report sales to state auditor each month 192 579 term 190 572 Sectarian doctrine: cities first class 50 125 cities second class 61 163 Security for bonds : cities first class 53 133 cities second class 63 170 Sinking fund: credited with interest for deposit ' 9 10 investment : cities first class 52 131 cities second class 62 163 refunding bonds : 17 29 school districts 8 9 tax levy: cities first class 52 130 cities second class '61 166 bonds issued for warrants 64 178 refunding bonds 16 28 school district 8 9 Site: acquired by purchase of school lands 104 281 amount of land condemned 103 280 change of site 103 278 condemned 103 county high school 129 377 estimate of cost, cities first class 50 127 school district site not less than one acre 96 261 Special district meeting annual meeting not held 95 257 notice 25S Special examinations for county certificates 32 State Agricultural College: accredited by State Board of Education 25 admission of graduates from county high schools 131 383 graduates with practice teaching 27 252 INDEX. State Agricultural College concluded. p ff _ Sec. investment of funds 175 533 president member State Board of Education 23 45 president member State School Book Commission 189 571 state treasurer custodian of funds 177 527 State aid: school districts: apportionment 99 268 appropriation t 100 271 cost of tuition and transportation 100 273 county superintendent to certify amount due 99 267 districts excepted 100 273 limitation, certain districts 100 273 limitation, school discontinued 100 273 purpose to provide a seven-months term 98 265 state auditor to draw warrants 100 272 state superintendent to certify amount due 99 267 state treasurer to remit ; . . . . 99 267 high schools teaching agriculture and domestic science 168 504 normal training high schools 167 499 State annual school fund. (See Annual school fund.) 184 State architect, plans for schoolhouses submitted to 124 358 State auditor : cancel bonds and coupons paid 182 548 compare register with bonds 182 549 draw warrants, appropriation State School Book Commission 194 582 draw warrants, state aid to school districts 99 267 100 272 issue warrants, expenses State Board of Education 23 46 register bonds belonging to permanent school fund 181 545 register bonds purchased by School-fund Commission 181 546 register consolidated bonds 181 544 stamp refunding bonds 182 552 State Board of Agriculture, president member State School Book Commission, 189 571 State Board of Education: accredit educational institutions 24 48 accredit institutions in other states 25 51 appropriation for assistants 107 293 approve course of study colleges and universities . . 24 48 approve high schools preparatory to college 24 48 25 52 approve high schools teaching agriculture and domestic science 168 504 assistants employed in preparation of course of study for common schools, 107 288 cancel state certificates 26 55 designate high schools for normal training 167 498 examination of kindergarter teachers 157 473 examine course of study of colleges and universities 24 48 examine accredited institutions 25 49 expenses 23 46 grant certificates, college graduates 25 52 grant certificates, conductor and instructors in normal institutes 164 491 grant certificates, teachers of industrial training 143 433 grant three-year certificates to graduates with practice teaching 27 57 issue certificates to graduates of accredited institutions 25 50 issue certificates to graduates normal-training high schools 167 501 issue state diplomas 23 45 make regulations for teaching agriculture and domestic science in nor- mal-training high schools 168 504 make requirements for accredited institutions 25 49 make rules and regulations, normal-training high schools 167 500 meetings 23 46 members 23 45 powers 23 46 INDEX. 253 State Board of Education concluded. prepare course of study for common schools ' prepare examination questions for common-school ' diploma" ' prepare examination questions for county certificates ... 30 70 prepare examination questions for high-school credit ...'.'.'.'.".! 34 80 prepare examination questions for normal-training certificates . 167 501 prescribe course of study for industrial training ] 143 433 prescribe course of study for normal institutes prescribe course of study for public schools 23 prescribe rules, examination for normal-training certificates ] 167 501 recognize certificates issued by other states ] , ' 2 6 53 renew lapsed certificates . . . \) 54 renew normal-training high-school certificates .' 167 501 renew three-year certificates 26 56 revoke certificates oo 84 State certificates. (See Certificates, state.) State constitution, educational provisions 1 State diplomas. (See Diplomas, state.) State Normal School: certificates : common school 28 61 one-year 27 58 three-year 27 58 three-year renewable 27 59 certificates and diplomas, registration: clerk of board of education 26 62 county superintendent 26 62 state superintendent 26 60 degrees . 27 59 diplomas 28 61 graduates from county high schools admitted 131 383 investment of funds 175 522 president: make requisitions for books upon School Book Commission 192 579 member State Board of Education 23 45 Member State School Book Commission 189 571 regents fix courses of study 27 58 state treasurer custodian of funds 177 527 State Orphans' Home, county superintendents agents of 91 249 State printer: member State School Book Commission 189 571 print and distribute course of study for common schools 107 290 State School Book Commission 189 agreement of dealer indorsed by county superintendent 193 580 application and agreement of dealer 193 580 appropriation 194 582 authority and powers of School Textbook Commission 189 571 authorized to condemn and appropriate land 194 582 books of reference not excluded 191 576 chairman - 190 572 commission created 189 571 compensation of members, expenses 189 contract with authors and publishers 191 574 dealers allowed commission of ten per cent 192 dealers who fail to keep agreement shall forfeit right to purchase 194 581 determine method of procedure 1 educational institutions may make requisition for books 192 educational institutions may purchase books 1 executive council to provide office of secretary furnish state printer copy for diagrams and illustrations. . . make rules and regulations members .... oath of office. 189 571 189 571 254 INDEX. State School Book Commission concluded. pg g ec order exclusive use of authorized books 191 575 penalty for increase in price of books 195 533 penalty for use of other books 195 533 penalty for violation of act by members of commission 195 534 price lists furnished for dealers 194 531 prices based on cost 191 577 printed copies of agreement furnished for dealers 194 531 procure copyrights 191 574 provide complete series of school textbooks 190 573 purchase and sale of school books by dealers 192 578 purchase of textbooks by district and city boards 192 578 remuneration of authors and compilers 191 574 requisitions accompanied by cash 192 579 requisitions made by district clerks and clerks of boards of education. . . . 192 579 secretary ._ . i 90 572 bon d 190 572 compensation 190 . 572 duties 190 572 election 190 572 qualifications 190 572 term 190 572 secure textbooks and manuscripts 191 574 state printer to furnish statement of cost 191 577 textbooks printed by state printer 191 575 State School-fund Commission. (See School-fund Commission.) State school funds, disbursement of income 2 State superintendent of public instruction 185 appeal in joint district boundaries 93 254 appoint assistant and clerk 185 562 approve issue of bonds without election, cities second class 61 167 ask advice of attorney-general 186 565 bond 185 560 certify copies of papers 187 569 certify organization of normal institute. 165 495 certify to state auditor amount due school districts 99 267 distribute county examination questions 32 73 distribute state annual school fund 185 563 draw orders on state treasurer, distribution of school fund 186 564 forward examination questions to county superintendent 32 74 furnish price lists of school books for use of dealers 194 581 furnish questions for special county examinations 32 71 general duties 185 561 general supervision of educational interests 1 give notice of estate of deceased person without heir 180 537 give official opinions 186 565 grant permit to business college to canvass 21 40 make biennial report to governor 187 570 make certificate relating to industrial training 143 434 member of Board of School-fund Commissioners 2 member and secretary Board of School-fund Commissioners 174 518 member State School Book Commission 189 571 oath of office . . . > 185 560 obtain information from other states 187 567 office in the capitol 187 568 penalty for receiving bonus 123 352 prepare instructions for patriotic exercises 170 508 prepare program for patriotic exercises 170 507 prescribe forms and blanks 186 566 preserve official reports 187 568 provide blanks for registration of state certificates 29 66 provide for observance of certain holidays 170 507 publish school laws 186 566 INDEX. 255 State superintendent of public instruction concluded. p g . Sec. recommend textbooks 137 557 report investments of school fund 176 324 responsible for acts of assistant and clerk 185 562 sign Normal School certificates and diplomas 28 60 sign state certificates 04 47 supervise educational interests 185 561 visit each county 187 557 State treasurer: bonds payable at office 11 15 cancel bonds and coupons paid 11 13 cancel bonds and coupons paid before maturity 10 13 custodian of Agricultural College, Normal School and University funds. . 177 527 custodian of state school funds 177 527 furnish statement of amount due on bonds 11 16 pay annual school fund to county treasurer . 184 556 produce coupons and bonds for comparison with auditor's register 182 549 receive income state school fund 184 555 register orders drawn by School-fund Commission 176 526 remit state aid to county treasurers 99 267 report to state superintendent amount of annual school fund 174 518 report to state superintendent amount of permanent school fund 174 518 State school book fund kept separate 192 579 statement to auditor of interest on bonds or principal collected 181 547 separate accounts of annual and permanent school fund 177 528 State University : accredited by State Board of Education 25 51 chancellor member State Board of Education 23 45 constitutional provision for 2 graduates Barnes high schools admitted 134 397 graduates county high schools admitted 131 383 graduates may receive state certificate 25 52 investment of funds 175 522 land reserved for support of 3 state treasurer custodian of funds 177 527 Suits against merged districts 19 36 Superintendent of schools, cities of first and second class 42 97 compensation 42 97 duties 42 97 election 42 notice to truant .officer 70 price lists of school books furnished by state superintendent 194 581 qualifications 42 97 term 42 97 Suspension of pupil: district board \ ' l appeal " > membership in high school fraternities 1 principal county high school Tax levy. (See Taxation.) Taxation: exceptions to limitations in tax levies 1 excessive levy unlawful 159 477 general limitation in tax levies 15 8 increasing levy above general limit ^ 8 levy for industrial training J- * ^^ penalty for making excessive levies township high schools Taxation Barnes high schools. (See Taxation, county.) 256 INDEX. Taxation cities of first class: P