LB ZSZ9 GIFT OF PUBLIC SCHOOL LAWS OF LOUISIANA ENACTED by the LEGISLATURE of 1922 (The Twelfth Compilation containing all will be issued in the near future) s^ ,- Issued by the STATE DEPARTMENT OF EDUCATION Baton Rouge, La. T. H. HARRIS, State Superintendent of Public Education it ; TABLE OF CONTENTS. B Article Page Bonds Replacing Lost 129 35 Bonds Validating 130 36 Bonds Selling Below Par 96 7 Beneficiary Students' (L. S. U.) 50 5 C Contracts Building 139 36 Compulsory School Attendance 117 31 Conservatory of Music (N. O.) 94 8 D Defectives (Special Classes for) 111 31 E General Education Bill 100 8 Section Page 1. State Board 1 8 2. Officers of State Board 2 9 3. Divisions of State Department 3 10 4. Employees of State Department 3 10 5. Courses of Study and Textbooks' 4 10 Sg 10 6. Reports of Parish 'Superintendent 37 20 7. State Institutions 6 10 8. Old and Incapacitated Teachers 7 11 9. Certification of Teachers 8, 9, 10, 11, 12. 13, L4, 15 11-12 10. Summer School Credits 15 12 11. Teacher Training Courses in Private Institutions 16 12 12. Parish School Boards 17 12 13. Officers of Parish School Boards .... * 19 14 14. Election and Dismissal of Parish Supt 19 14 15. Election of Teachers 20 14 16. Meetings of Parish School Boards . 20 14 17. Contracts for New Buildings and Improvements 20 15 18. Establishing Public Schools and Special Classes 21 15 19. General School Funds 21 15 20. Equal Sessions 21 15 21. No aid for Private Schools' 22 15 22. Local School Directors 24 16 23. Aiding Teacher Training Schools 25 16 24. Purchasing Textbooks 25 16 25. Teachers' Institutes < 26 16 26. Budget of Revenues and Expenses 27 16 27. Enumeration of School Children 28 17 28. Transportation of School Children 29 17 29. Renting 16th Sections 30 IT- 30. Selling 16th Sections 30 IT 31. Fees of As'sessor and Tax Collector 31 IS 32. Fiscal and Calendar Years 32 18 33. Reports of State Superintendent J33 / 37 18 20 502401 TABLE OF CONTENTS Continued Section Page 34. Duties of State Superintendent 34 18 35. Payment of Employees of State Department.... 35 19 36. Federal and Other Out- of -State Funds 35 18 37. Current School Fund Distribution of 36 19 38. Attorney General Legal Advisor 41 21 39. Revoking Teachers' Certificates 42 21 40. Parish School Board Employees of 43 21 41. Attendance Officers' and Medical Inspection 43 21 42. Records Kept by Parish Superintendent 44 22 43. Office of Parish Superintendent 46 22 44. Quarterly Reports of Parish Superintendent... 47 22 45. Minutes Parish School Board Meetings 47 22 46. Dismissal of Teachers 48 22 47. Contracts Teachers' 49 23 48. School Treasurer 51 23 49. Line Schools 59 24 50. No Incidental Fees . . .' 59 25 51. Prescribed School .Subjects 60 25 52. Length of School Day 60 25 53. Free Passage Over Ferries 61 25 54. Degrees by Private Institutions ; 62 26 55. Orleans School Board 63 26 56. Teachers" Retirement Fund 64 27 57. Orleans Normal School 65 27 58. Orleans Textbooks and Course of Study 66 27 59. Teachers Permanently Employed 66 27 60. School Treasurer Orleans 67 27 O Article Page Oil Leases 20 3 S Severance Tax 140 41 Section Page (a) Allocation of 4 41 Article Page State Superintendent Election by Popular Vote 105 28 Sixteenth Section Quieting Title in Tensas Parish.... 48 4 School Districts Consolidating 33 3 T Trespassing on Property of State Institution 103 -8 Transferring Property Caldwell Parish School Board. 128 24 Transferring Property to E. B. R. School Board 109 29 V Vocational Rehabilitation 135 33 ACT No. 20. House Bill No. 195. By Mr. McEachern. Substitute for House Bill No. 83 by Mr. McEachern. AN ACT. To authorize Parish School Boards in the State of Louisiana to execute oil, gas and mineral leases on any lands belong- ing in whole or in part to said School Boards, and to fix the terms and conditions of such leases. Section 1. Be it enacted by the Legislature of Louisiana that School Board au . the Parish School Boards of the several parishes of the State thorized to execute be and they are hereby authorized and empowered to execute leases for oil etc - oil, gas and mineral leases upon any lands owned in whole or in part by such School Boards for the purpose of having them explored, developed, drilled and mined for oil, gas and other minerals. Section 2. That the School Board of any parish desiring Dut of Sehool to effect such a lease shall fix the terms and conditions thereof, Board, collect the amounts due thereunder, and place same to the credit of the Public Schools of the said Parish. Section 3. That the execution of such lease or leases shall be made only after a resolution has been legally adopted by the Resolution, said School Board, in regular session assembled, authorizing the execution of such lease or leases. The resolution shall set forth in detail the property to be leased as well as the terms and conditions thereof, and the lease or leases shall be executed in strict conformance therewith. In the same resolution the said Board shall likewise designate one of its members to sign and execute the lease for the said Board. Section 4. That all laws or parts of laws in conflict here- with be and the same are hereby repealed. Approved by the Governor : July 10, 1922, 11 :10 a. m. ACT No. 33. House Bill No. 375. By Mr. Alexander, by request. AN ACT. To provide for the merging or consolidating of School Dis- tricts. Section 1. Be it enacted by the Legislature of Louisiana, that Sc h oi District* the school boards of the various parishes of this state be and may consolidate, they are hereby authorized and empowered upon their own initiative to merge or consolidate two or more school dis- tricts into one; and that when petitioned by twenty-five (25%) percent., or more, of the property taxpayers, resident of two or more districts who desire said districts to be merged or con- solidated, the school board shall submit said matter to an elec- tion of property taxpayers, qualified to vote in said districts, said election to be held in accordance with the terms and con- ditions of Act 256 of the Legislature of 1910 and the amend- ments thereto, and if a majority of the votes cast at said elec- tion is in favor of said merger or consolidation, then the said board shall at once provide for the merging or consolidating of the said districts into one. Section 2. That all laws or parts of laws in conflict here- with be and the same are hereby repealed. Approved by the Governor : July 13, 1922, 9 :50 a. m. ACT No. 48. Senate Bill No. 7. By Mr. Clinton. AN ACT. To confirm, validate and declare legal and binding as against the State of Louisiana and all other persons, bodies or cor- porations created by it, certain sales of Section Sixteen (16), in Township Thirteen (13) North, Range Ten (10) East, in Tensas Parish, Louisiana, made by W. M. David- son, Parish Treasurer thereof. Evidence of the notice of intention to introduce and have this^ Act passed by the Legislature of Louisiana, in accordance with Article 4, Section 6, of the Constitution of 1921, hav- ing been produced. Dcription of Section 1. Be it enacted by the Legislature of Louisiana, That property. the following described sales made by the officer named of Sec- tion 16, Township 13 North, Range 10 East, described therein, be and they are hereby confirmed, validated and declared legal and binding conveyances of said lands, to-wit: (a) Sale of S% of SE^ of said Section by W. M. Davidson, Parish Treasurer of Tensas Parish, Louisiana, unto Dan. F. Myers, on April 22nd, 1902, recorded April 23rd, 1902, in Notarial Record "N", page 742, of the Records of Tensas Par- ish, Louisiana. (b) Sale of the SW%, NW%, NEi/4 and Ni/ 2 of SE% of said Section by W. M. Davidson, Parish Treasurer of Tensas Parish, Louisiana, unto Lycurgus Burns, Jr., on June 12th, 1902, re- corded June 18th, 1902, and correction deed dated August 4th, 1902, recorded August 5th, 1902, respectively, in Notarial Record "N", pages 781 et seq., and Notarial Record "0", pages 3 et seq., of the Records of Tensas Parish, Louisiana. Section 2. That the said Dan F. Myers and Lycurgus Burns, Jr., and their heirs and assigns, as based upon the above recited alienations, be, and they are hereby, confirmed, approved and validated as legal and binding as against any and all clajms and demands of the State of Louisiana, and all persons and bodies created by it. Section 3. That all laws or parts of laws in conflict herewith, be, and the same are hereby repealed. Approved by the Governor: July 13, 1922, 10:10 a. m. ACT No. 50. House Bill No. 74. By Mr. Shattuck. AN ACT. To empower the Police Juries of the several Parishes to defray the living expenses of young men and women in the School of Agriculture at the Louisiana State University and Agri- cultural and Mechanical College, under specified conditions, by means of a contract with the beneficiaries thereof, and providing the recourse of the Parish in case of a violation of the said contract. Section 1. Be it enacted by the Legislature of Louisiana that Police Jury em _ the Police Juries of the several Parishes are hereby empowered powered to defray to defray the expenses of young men and women, residents of cufuJrlTstudentifat Louisiana, who have graduated from any high school of the L - s - u - State or high school of another state, of recognized standing, to the number of not more than one from each ward of the parish at any one time, and three from the Parish at large who agree and obligate themselves to enter upon the study of agriculture and to pursue such study at the Louisiana State University and Agricultural and Mechanical College at Baton Rouge, Louisiana, until they graduate from such University in the School of Agriculture. Section 2. As a condition precedent to availing themselves of conditions, this act, it must be shown to the satisfaction of the Police Jury that the young man or woman applying for aid under this act is financially unable to educate himself in the course of Agri- culture and that his relatives are likewise unable to render him the necessary financial assistance to enable him to receive such an education. Section 3. Before any young man or woman may take advan- Contract tage of the provisions of this act, he or she with his or her par- ents or tutor, must enter into a contract with the Police Jury 6 of the Parish, to be prepared by the District Attorney, agreeing that in consideration of the aid to be rendered under the pro- visions of this act, the recipient becomes obligated to pursue the study of agriculture until graduation, and after graduation will return to the Parish furnishing the assistance and practice the profession of an agriculturist for two years. Penalty for vio- Section 4. Any person taking advantage of the provisions lation of contract, of this act who shall violate any provision of the contract above provided for shall, by reason of such breach of contract become indebted thereby unto the Parish with whom the contract is made in the full amount expended by the Parish under the pro- visions hereof, and the Police Jury of the said Parish is hereby empowered to bring suit to recover said sum at any time within a period of five years dating from the date that the breach of contract occurred. Section 5. That all laws or parts of laws in conflict herewith, be and the same are hereby repealed. Approved by the Governor : July 13, 1922, 10:45 a. m. ACT No. 94. House Bill No. 137. By Mr. McOiehan. AN ACT Authorizing and empowering the New Orleans Conservatory of Music and Dramatic Art, Incorporated, an institution for the teaching of music and dramatic art, domiciled in the Parish of Orleans, to grant diplomas, and to confer degrees in music, expression and dramatic art. Whereas, proper and sufficient evidence has been exhi- bited in and to the Legislature that notice of the intention to apply for the passage of this Act has been published, as required by Section 6 of Article IV of the Constitution of the State of Louisiana. New Orleans Section 1. Be it enacted by the Legislature of Louisiana, the New Orleans Conservatory of Music and Dramatic matic Art, inc., au-Art, Incorporated, an institution for the teaching of music, diplomas. t( ue expression and dramatic art, domiciled in the Parish of Orleans, and duly recognized as a body corporate, and entitled to the enjoyment and exercise of all the rights, duties and privileges appertaining to civil corporations, shall have the right and power, and is hereby authorized, to graduate students and to grant diplomas to its graduates and to confer degrees of Bach- elor of Music, Master of Music, Doctor of Music, Bachelor of Oratory, Master of Oratory, and such degrees as are conferred by similar institutions, upon their graduates and others that may be deemed worthy of such honors ; provided that, in confer- ring said degrees and diplomas, said institution shall be gov- erned by such proper rules, regulations and forms as said institution may adopt; provided, further, that the curriculum of said institution shall be approved by the Louisiana State Board of Education. Section 2. That all laws or parts of laws contrary to, or in conflict herewith be and are hereby repealed. Approved by the Governor: July 13, 1922, 12 :25 p. m. ACT No. 96. House Bill No. 212. By Mr. Davis. AN ACT Defining what shall constitute violations of law with respect to selling bonds for public improvements by the governing authority of any political subdivision in the State, and providing punishment therefor; fixing liability, and pro- viding for civil recovery in such cases. Section 1. Be it enacted by the Legislature of Louisiana, _. mi . . j -i ' -i Prohibiting the That whenever any police jury, school board, drainage board, sale of bonds at or other governing authority of any political subdivision in the State shall incur debt and issue bonds for works of public im- provement, any member of such governing authority who shall vote in favor of the sale or disposition of such bonds on terms and conditions different from those named in the law, or at a price less than the minimum fixed by the Constitution and the law, shall be deemed guilty of gross misconduct in office, and shall be impeached and removed from office in the manner provided by Section 6 Article 9 of the Constitution. Section 2. It shall be a violation of law within the meaning What constitutes of this Act to sell or dispose of bonds authorized for works of a violation. public improvement except for cash, or at a price less than that fixed by the Constitution and the law, without any diminu- tion whatever. It shall likewise be a violation of law for any bidder or prospective purchaser of bonds to propose, or for the governing authority to entertain any proposal for the purchase of bonds which is coupled with a stipulation that the bidder shall have the right to name or suggest the name of the con- tractor or builder to do the work for which the bonds are to be sold," or coupled with any other condition calculated to af- fect the free letting of such public work. It shall also be a violation of law to sell or dispose of bonds upon any understand- ing which tends to hamper or restrict the free letting of public 8 work by the governing authority, and any contract let contrary to this provision shall be contra bonos mores, and void and unenforceable; provided, nothing herein contained shall affect the rights of bona fide purchasers of such bonds, who hold same for value as innocent third holders. It shall further be a violation of law for persons to act in collusion to restrict free bidding for bonds when offered for sale. Penalty. Section 3. Any member of any governing authority, and any original purchaser or agent thereof, who shall violate any of the provisions of this act, shall be guilty of a misdemeanor and shall be fined in a sum not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or shall be imprisoned in the parish jail for not more than six (6) months, or both at the discretion of the Court. Any person, firm or corporation violating the provisions of this act shall be further liable, in solido, in a civil action, for the difference between the amount received for the bonds and the minimum amount fixed by the Constitution and the law for which the bonds could legally be sold. Suit for the recovery of this difference shall be brought by the Attorney General or the District Attorney on his own initiative, or when directed to do so by the Governor, for the benefit of the treasury of the gov- erning authority which sold the bonds. Approved by the Governor: July 13, 1922, 12 :30 p. m. ACT No. 100. Senate Bill No. 20. . By Mr. Delos R. Johnson. AN ACT To provide a State Board of Education and Parish school boards, defining their duties and powers, and providing for the administration and supervision of the public schools of Lou- isiana. state Board of Section 1. Be it enacted by the Legislature of Louisiana, That Education; terms, there shall be a State Board of Education composed of eleven members, three to be appointed by the Governor by and with the advice and consent of the Senate for terms of four years, one each from districts coextensive with the present Public Service Commission districts, and eight to be elected for terms of eight years, except as herein provided, from districts corresponding to the present Congressional districts. The first Board provided for bv this Act shall be elected at the Congressional election of 9 1922 and the terms of the eight members elected at that time shall be determined as follows : At the first meeting of the Board after said election there shall be prepared four slips of paper, upon one of which shall be written the" first and eighth districts, upon another the second and fifth districts, upon another the third and fourth districts, and upon the last the sixth and sev- enth districts, which shall be placed in a proper receptacle from which a blindfolded person shall draw one slip at a time. The first slip drawn shall award to the members from the districts appearing thereon the term of two years ; the second slip drawn, to the members from the districts appearing thereon the term of four years; the next slip drawn, to the members from the districts appearing thereon the term of six years; and the mem- bers from the districts appearing on the remaining slip shall be awarded the term of eight years. After this first election of members of the State Board of Education the term of all elected members shall be eight years. All vacancies in the membership of the State Board of Education, whether by death, resignation, or otherwise, shall be filled by appointment by the Governor by and with the advice and consent of the Senate. The State Board of Education shall be a body politic, and corporate by the name and style of the Louisiana State Board of Education, with authority to sue and defend suits in all matters relating to the public schools not within the jurisdiction of the parish scliool boards, as hereinafter provided. The members of the Board shall receive as compensation for their service in attending meetings of the Board their actual transportation expenses and per diem of ten dollars for the number of days that the Board is in session, payable on their warrants, approved by the Pres- ident and Secretary of the Board, out of the Current School Fund. The first State Board of Education under this Act shall begin office the second Monday of January, 1923. Section 2. The State Board of Education shall elect from its Election of state membership a President and a Vice-President, whose terms of Superintend e n t of office shall be fixed by the Board, not to exceed eight years. Publio Education - The Board shall elect a State Superintendent of Public Educa- tion for a term of four years and fix his salary, the same not to be less than $5,000.00 a year nor more than $7,500.00 a year. The State Superintendent of Public Education shall be Secretary of the Board. Any vacancy* in the office of State Superintendent of Public Education by death, resignation or otherwise shall be filled by the Board. The State Board of Educat'on shall meet on or before the first Monday in December of each year, and at other times when called by the President. The acts of the Board shall be attested by the signatures of the President and Secre- tary of the Board. All papers, documents and records apper- taining to the Board shall be filed by the Secretary of the Board in the office of the State Board of Education. The Board may 10 Text-books. state Department Direct that the proceedings of the State Board of Education be of Education. published in the official journal of the State or in an official pamphlet. Section 3. The follow'ng divisions of the State Department of Education are recognized and the State Board of Education is authorized and directed to provide the necessary employees in them, the salaries and expenses of whom shall be paid out of appropriations made by the Legislature, and such other sources as jnay be available. Sub-divisions. A. Division of Educational Supervision. B. ^Division of Teacher Training and Certification. C. Division of Vocational Education. The State Superintendent of Public Education shall select the ^employees in the various divisions herein established. It shall^be the duty of the Legislature to provide at the seat of government the necessary offices having all needed equipment for the State Superintendent of Publ'c Education, and to make provisions for postage, stationery, and other necessary expenses of the office" the cost of which must be within the limits of an appropriation for that purpose. .Section 4. .. The State Board of Education shall prepare courses of study, rules, by-laws and regulations for the government of the Public Schools of the State, which shall be enforced by the parish Vi superintendents and the several parish school boards. The State Board of Education shall strictly enforce a uniformity of text-books in all of the public schools of the State (except as hereinafter provided), and shall adopt one or more lists thereof which shall remain unchanged for six years after such adoption; provided that any textbook used in the schools of the State may be changed at any time by a two- third vote of the full membership of the State Board of Education. All contracts for the adoption of text-books for /"use in the- public schools shall cover a period of six years, sub- for jecit to change or annulment in accordance with law. The adop- tfdn of elementary text-books and high school text-books shall be made at periods three years apart. The mode of procedure for the announcement of bids, awarding of contracts, location of depositories for the distribution of school text-books and all otnei matters connected with the adoption and distribution of text- borks shall be left to the State Board of Education. Reports of parish Section 5. The State Board of Education at its option may superintendents. require reports to be made by the parish superintendents of schools and teachers. Board to ad- Section 6, The State Board of Education shall administer Safn^sS^inst^ the a^ 1 " 8 of the following State educational institutions: tutions. Louisiana State Normal College, Natchitoches. Louisiana Polytechnic Institute, Ruston. C o n t racts text-books. 11 Southwestern Louisiana Institute of Liberal and Technical Learning, Lafayette. State School for the Deaf, Baton Rouge. State School for the Blind, Baton Rouge. Southern University, Scotlandville. State School for Blind Negroes, Scotlandville. State School for Deaf Negroes, (not yet located). In its management and control of these institutions, it shall have authority to appoint an executive committee of two in addition to the State Superintendent of Public Education who shall be ex-officio a member and chairman, for each institution, the members of which shall not be required to be members of the State Board of Education. The executive committees pro- vided for in this section shall perform such duties as may be required of them by the State Board of Education. The com- pensation of the two appointive members of the executive com- mittees herein provided for shall be the same as that of members of the State Board of Education. It shall be the duty of the State Beard of Education to submit to the Legislature biennially a budget of salaries and expenses required for the support of the State Department of Education, and of appropriations needed by the various state educational institutions whose affairs are administered by the State Board of Education. This budget shall cover any minimum appropri- ations required by the Constitution and such additional Legis- lative appropriations as, in the judgment of the State Board of Education, may be necessary. Section 7. It shall be the duty of the State Board of Educa- tion in its biennial report to the Legislature to submit statistics relative to aged and incapacitated public school teachers. Section 8. The State Board of Education shall have entire charge of the examination and certification of public school teach- teachers! ers. Section 9. The following grades of certificates shall be issued Qrade certiflcates and all certificates shall be signed by the State Superintendent of Public Education and any other official designated by the State Board of Education: High School Certificate, valid for five years ; First Grade Certificate, valid for five years ; Second Grade Certificate, valid for three years ; Third Grade Certificate, valid for one year. The State Board of Education shall deter- mine the subjects which shall be used in the examination for any of the grades of certificates. The holders of certificates issued as herein provided shall be eligible to teach in any and all parishes of the State. Section 10. The State Board of Education shall have author- Exe mptions. ity to exempt from examination graduates of standard colleges and normal schools located in this and other States. 12 Questions for Section 11. All questions to be used in the examination of examinations. teachers shall be prepared by the State Superintendent of Public Education and shall be sent to the parish superintendents of the various parishes, who shall conduct the examinations. The par- ish superintendents of the various parishes shall, at the close of the examinations, promptly forward all necessary papers of applicants for certificates to the State Superintendent of Public Education, who shall grade, or have graded, all papers and issue certificates to such applicants as shall make the grades and averages fixed by the State Board of Education. F for a rovai Section 12. A registration fee of two dollars ($2.00) shall be of dipioma* PP1 * paid to the State Department of Education for the approval of a diploma issued by a standard college or normal school lo- cated in another state, and the same fee shall be paid to the State Department of Education for the approval of first grade or life certificates earned in another state. Louisiana certificates valid for five years shall be issued to the holders of diplomas and certificates of the class named in this section. Parish fee Section 13. Applicants for certificates earned in examinations shall pay a fee of one dollar ($1.00), said fee to be retained in the parishes where paid and credited to the Parish current school fund. Renewal of cer- Section 14. Certificates issued upon the basis of college or tificates. normal school diplomas, or first grade certificates earned in examinations, may be renewed by the State Department of Education for five year periods, in accordance with such rules and regulations as the State Board of Education may adopt; provided, that nothing in this section shall be construed as con- flicting with the provisions of Act 158 of 1920 relative to the issuance of teachers' certificates. No fee shall be charged for such renewals. Credits may be Section 15. The State Board of Education shall have author- aiiowed. ity to allow such credits as it may think proper for work done in standard educational institutions to ra'se grades made in examinations for teachers' certificates or to extend teachers' certificates. Teacher-training Section 16. The State Board of Education shall have author- ity to prescribe teacher-training courses for public or private schools doing work of at least two years in advance of that done by the public h'gh schools, and to issue first grade certificates, without examination, to the graduates of such courses. Parish board cor- Section 17. There shall be a parish school board for each of the parishes, and these several parish school boards are con- stituted bodies corporate with the power to sue and be sued under the name and style (Name of Parish) Parish School Board. Citation shall be served on the President of the Board and in his absence on the Vice-President. The membership of the parish school board shall be as fol- lows: 13 There shall be elected by the qualified voters of each police Membership, jury ward of the several parishes of the State a member of the school board of such parish for each police juror in said ward, whose term of office shall be for a period of six (6) years. When the parish school board, under existing law, has no jurisdiction over or control of the public schools of a city in such parish, and when the limits of a ward of such parish extend beyond the limits of such city, only that part of the ward outside the limits of such city shall be represented on the parish school board, and shall have only one member of said board, who shall be an elector of the said ward living outside the limits of such city, and shall be elected by the voters of said ward living and voting outside the limits of said city. The election of parish school board members shaU be at the Elections: term congressional elections. School board members now in office of office. shall serve out the terms for which they were elected, their suc- cessors and all other school board members elected in the future shall be elected for terms of six years. The parish school boards of the several parishes, as occasion may arise on account of the increase in the membership by the creation of additional wards or the increase of membership for any single ward, shall by proper resolution maintain the three divisions of the member- ship of said boards now existing as nearly equal as possible by allott'ng such new members to one of the three divisions, and when so allotted the term of office of such new member or mem- bers shall expire at the same time that the terms of the other members of the said division expire. The compensation of each member of the school board is hereby fixed at five dollars ($5.00) for each day that he may attend the meetings of the board, and five cents a mile that he may travel to and from the meetings of the board. The parish school boards shall have authority to appoint from their membership an executive committee of three members, which committee shall be charged with such duties as may be delegated to it by the parish school board. The members Executive Com . of the executive committee shall receive the same compensation mittee. for their services -when attending committee meetings as they receive when attending meetings of the board, provided that they shall not receive compensation for attending more than one committee meeting in any calendar month, or for both a board and committee meeting held on the same day. To be a member of a parish school board one shall, in addition to the qualifica- Qualifications, tions otherwise prescribed by law, be able to read and write and, at the time of election, assessed for not less than five hun- dred dollars ($500.00) of individual or community property in the parish. All vacancies in the membership of parish school Vacancies boards caused by death, resignation, or otherwise, shall be filled by appointment by the Governor. 14 Representation of Section 18. Whenever a parish contains a municipality, the muni cipaiity on population of which is more than one-half of that of the entire parish, the municipality shall have representation on the pariih school board proportionate to its population, provided that the total membership of any parish school board shall not exceed fifteen members. Officers to be Section 19. The parish school boards of the several parishes elected. shall elect from among their number a president and a vice- president and fix their terms of office not to exceed six years. Each board shall elect or appoint a parish superintendent of tend^nt. h l ~ schools, having such qualifications as may be fixed by the State Board of Education, for a period of four years. The parish superintendent of schools shall not be required to be a qualified elector or a resident of the parish which he is to serve as super- intendent. He shall be required to devote his entire time to the office of parish superintendent of schools. The first parish su- perintendent of schools selected under this Act shall take office July 1, 1925. s u p e rintendent If at any time a parish superintendent shall be found incom- S? y cau b se. removed petent, inefficient or unworthy,, he shall be removable for such cause by a majority vote of the^membership of the parish school board at any regular meeting or at any special meeting after due notice. Board to deter- Section 20. The parish school board shall determine the mi h le ois ^ un s b e i e ct num ^ er ^ schools to be opened, the location of the schoolhouses, teache?s ; fix sai- the number of teachers to be employed, select such teachers from aries< nominations made by the parish superintendent, provided that a majority of the full membership of the board may elect teachers without the endorsement of the superintendent. The board shall have authority to employ teachers by the month or by the year, and to fix the salaries of the teachers. The board shall see that the provisions of the state school laws are com- plied with. Board to make . Each sc . h ol board is authorized to make such rules and regula- rities and reguia-tions for its own government, not inconsistent with law or with the regulations of the Louisiana State Board of Education, as it may deem proper. Meetings. The re g ular meetings of each board shall be held in the first week of January, April, July and October, on such day of the week as each board shall select, and it may hold such special or adjourned meetings as the board may determine or occasion may require. Funds to be se- Each school board shall exercise proper vigilance in securing cured, for the schools of the parish all funds destined for the support of the schools, including the state funds apportioned thereto, the poll tax collectible, and all other funds. Secretary to keep The secretary shall keep a record of all transactions and pro- record * ceedings of the board. 15 The school board may receive land by purchase or donation Buildin for the purpose of erecting school houses, provide for and secure the erection of same, construct such outbuildings and enclosures as shall be conducive to the protection of property, and make repairs and provide the necessary furniture, equipment, and apparatus. All contracts for new buildings, and improvements costing more than one thousand ($1,000.00) dollars, shall be let to the lowest bidder, the board reserving the right to reject any and all bids. They shall have power to recover for any damage that may be done to the property in their charge; they may change the location of a schoolhouse, sell or dispose of the old site, and use the proceeds thereof toward procuring a new one. Provided that the Orleans Parish school board shall have authority to prescribe the rules and the regulations to govern in the employ- ment and d'scharge of teachers, the building and equipping and repairing of school houses, and the dates of the meetings of the school board. Section 21. The parish school board shall have authority to L i_ i ^i_ i j Schools establish- estabhsh such public schools as it may deem necessary .to provide ed and funds coi- adequate school facilities for the children of the parish, and also lected - trade schools, evening schools, schools for adults, schools i attd" clas- ses for exceptional children, and such other schools or classes as may be necessary to meet all special or exceptional requirements. Central or high schools may be established when necessary; but no high school shall be established without the sanction of the State Board of Education. Practical, industrial, and agricul- tural courses shall be fostered by the public school officials, and the State Board of Education shall have authority to extend special financial aid to schools meeting required standards in such courses, with such funds as may be available for stfeh pur-" poses. The General Fund of the Parish School Board shall consist of the State Current School Fund, Poll Taxes, 'Fines, Bond Forfeitures, Police Jury appropriations, proceeds from the sale of timber or income from oil or gas, in short, all school funds except those voted or appropriated for special purposes. No special advantage shall be given out of the General School Funds to the High Schools. Buildings, additions to buildings, re- pairs, supplies, sites, and equipment may be provided out of the general funds. Communities desiring better facilities and longer sessions than can be provided by a distribution of the general funds giving equal sessions to all schools shall secure same by voting special taxes or obtaining funds from other sources than the current or general funds. Section 22. The school boards of the several parishes of this ~ . , ~. , ., ., , . , Combinations State are prohibited from entering into any contract, agreement, prohibited, understanding or combination, tacitly or expressly, directly or indirectly, with any church, monastic or other order or asso- ciation of any religious sect or denomination whatsoever, with 16 the representatives thereof or with any person or corporation conducting a school which solicits patronage from those of any particular religious faith, affiliation or persuasion, for the pur- pose of running any public school or schools of this State to- gether, in connection, or in combination with any private or pa- rochial school, or other institution of learning which may be un- der the control or management of any church, monastic or other religious order or association of any rel ! gious sect or denomina- tion whatsoever, or under the control of any person or corpora- tion conducting a school which solicits patronage especially from those of any particular religious faith, affiliation or persuasion. Section 23. The president of the school board, or in his ab- Duty of President. . .*; i ,, . n /. .v sence the vice-president, shall preside at all meetings of the beard, call meetings when necessary, advise with and assist the parish superintendent of schools in promoting the success of the schools, and, generally, to do and perform all other acts and duties pertaining to his office as' president of the board. All deeds and contracts for the schools shall be signed by him ; the contracts with teachers shall be signed by the parish superin- tendent and the contracting teachers. Local school di- Section 24. The parish school board may appoint local school directors for each school and prescribe their duties. Expenses of spe- Section 25. A parish school board shall have authority to ciai sessions for pay all or a part of the expenses of special sessions of schools organized and maintained for the benefit of teachers, and it may pay all or a part of the salaries and expenses of persons employed in the extension service to promote agricultural and other industrial instruction for the benefit of children. Each parish school board shall have authority to purchase book!^ Xt direct from the publishers textbooks selected by the State Board of Education. in quantities sufficient to supply the needs of all the schools of the Parish and to furnish such textbooks to the patrons or guardians of the school children at cost, provided no parish school board buying text books as herein provided shall change from one list of text books to another, except as authorized by the State Board of Education. Teachers jnsti- Section 26. The parish school boards shall provide for and tutes. conduct such teachers' institutes as they may deem necessary, and the State Board of Education shall adopt annually suitable professional books for use in the institute work, shall prepare rules and regulations for the government of the institutes, and do everything possible for the benefit and improvement of the teachers engaged in public school work. Revenues. Section 27. It shall be the duty of the various parish school boards throughout the State, during the month of July of each year, to adopt a budget of revenues to accrue to said school board during the ensuing year ; said budget not to include prob- able revenues arising from doubtful or contingent sources. 17 With'n thirty days after the adoption of the budget of Exp enditures revenues the school boards throughout the State shall adopt a budget of expenditures, not to exceed the budget of rev- enues; said budget of expenditures shall detail, as nearly as possible, the said expenditures and no item of indebtedness not included in said detailed estimate shall be paid by the treasurer or ex-officio treasurer of the school board, under pain, he and his bondsmen, of being personally liable for any item so paid and not included in said budget of expenditures; they shall budget for the indebtedness of previous years, in accordance with existing laws; if during the course of the year revenues from any unexpected or contingent source should have been realized, an amended budget of revenues may be adopted and an amended budget appropriating said revenues in the same propor- tion as above may also be adopted. Section 28. The parish school boards of all parishes of the Enume ration of State shall make an enumeration of all educable children in educabie children. their respective parishes between January 1, 1923, and July r . <. cf 1, 1923, and every four years thereafter. It is made the duty of the parish school boards of the various parishes to employ thoroughly competent persons to do the work of taking the school census, and to fix their compensation. School board members shall not be employed for this purpose. Whoever shall make a fraudulent enumerat on of children in any parish shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, or im- prisoned in the parish jail not to exceed a period of one year, or suffer both fine and imprisonment at the discretion of the court. It shall be the duty of the State Board of Education to re- ject the 1 sts of educables of any parish reported by the parish school board of the correctness or accuracy of which it may not be satisfied and to call upon such parish board to make a new and correct enumeration. Section 29. The parish school boards shall have authority to Transportation provide transportation for children living more than two mile* for chudren - from a school of suitable grade. Section 30. Parish school boards shall have authority to rent sixteenth Section s'xteenth section lands, or lease the mineral rights of same by Linxis ' > * tfc resolution of the board and without the authority of a vote of the electors of the township in which such lands are located. All funds realized from the rent of sixteenth sections, or lease of mineral rights of sixteenth sections shall be credited to the current school funds of the parish. All elections to authorize the sale of sixteenth section lands, or of timber on sixteenth section lands, shall be conducted by the parish school beards, and the funds realized from such sale, after dodrct'ng for necesary expenses connected with such elections, s! all be promptly forwarded to the State Auditor for credit to the proper township. 18 Assessors and Section 31. The assessors and tax collectors shall receive the tax collectors to re- fees allowed by law for assessing and collecting taxes on only i c e e cting fee ^"the poll and other taxes actually collected. The school boards shall pay no commissions to assessors and tax collectors on poll or other taxes not actually collected and paid over to the school treasurer, provided that in the Parish of Orleans no fees shall be paid or become exigible under the provisions of this Section. 'Section 32. The parish school boards that have been operat- ing on a fiscal year basis shall continue operating on that basis and the parish school boards that have been operating on a calendar year basis shall be permitted to continue to operate on a calendar year basis but they shall be required to so adjust their finances that they shall be on the fiscal year basis begin- ning July 1st, 1928. All parish school boards that are in debt for their expenditures for current expenses shall so adjust their finances that they will not be in debt for current expenses by July 1st, 1928. Parish board The parish school board shall have authority to borrow money may borrow money, to meet its budget of expenditures as provided in Section 27 of this Act to secure said loans; the parish school board shall have authority to pledge its revenues for the calendar year, or fiscal year upon whichever basis it may be operating. Parish school boards are prohibited from making a budget of expenditures for current expenses in excess of budget of prob- able revenues. All notes evidencing money borrowed shall be s'gned by the president and treasurer of the parish school board and the said officials are prohibited from executing notes in excess of the authority granted by resolution of the Parish school board ; the parish school board is hereby prohibited from authorizing loans in excess of budget of probable revenues ex- cept in case of emergency and then on a two-thirds vote of the entire membership of the parish school board. In the event the president and treasurer of the parish school board borrow in ex- cess of above mentioned authority, they shall be guilty of a misde- meanor and upon conviction may be fined not more than One Thousand ($1,000.00) Dollars each. Duty of state Section 33. The State Super 'nten dent of Public Education superintendent of shall file, each year separately, all papers, reports, and public conis! on * keep documents transmitted to him by the boards and officers whose duty it is to report to him, and hold the same in readiness to be examined by the Governor whenever he sees proper, by any com- mittee appointed by the Legislature, or by any other interested citizens; and he shall cause to be kept a record of all matters appertaining to his off : ce. Section 34. It shall be the duty of the State Superinten- dent of Public Education to keep in close touch with all of the state educational institutions under the control of the State Board of Education, and of all the public schools of the various parishes of the State with the view of seeing that the physical 19 plants of the schools are adequate and kept in the proper state of repair and sanitation; that the courses of study prescribed by the State Board of Education are faithfully followed; that teachers meet the standards prescribed by the State Board of Education; that classes are not overcrowded; that children are properly classified as to grades; that wise methods are used in the presentation of the subject matter; and in all other ways possible to assist the local authorities, superintendents, and teachers to secure the best possible results from their efforts. In the prosecution of this work of inspection and supervision, the various employees in the State Department of Education shall be under the immediate direction and control of the State Superintendent of Public Education, and they shall make such verbal and written reports to him as he may require. In the professional administration of the schools, as indicated in this section, it shall be the duty of the heads of the various state educational institutions and of the public school officials in the various parishes to be guided, as far as practicable, by the suggestions and directions of the State Superintendent of Pub- lic Education. The traveling and other necessary expenses of the State Superintendent of Public Education and other em- ployees of the State Department of Education while engaged upon their official duties shall be paid out of the State Current School Fund not to exceed amounts appropriated by the Legis- lature for this purpose. Section 35. The State Superintendent of Public Education Salaries and ^ ahall draw warrants on the State Auditor for the monthly sal- penses; how paid, aries of himself and all of the other employees in the State De- partment of Education covered by appropriations by the Leg- islature, and he shall draw warrants on the State Auditor for the biennial appropriations made by the Legislature covering such items as traveling expenses, office expenses, etc., semi- annually in advance, and these funds, when received, by the State Superintendent of Public Education shall be deposited in the bank paying the highest interest on daily balances. Any interest earned shall be added to the appropriations. The State Board of Education shall have authority to receive and use for public school purposes any Federal or other funds from out-of-state sources which in the judgment of the Board should be accepted and can be wisely used, as well as any dona- tions from residents of the State which may become available for public school purposes. All such funds shall be deposited by the State Superintendent of Public Education in the bank pay- ing the highest rate of interest on daily balances. The State Superintendent of Public Education shall make such reports to the Supervisor of Public Accounts as are required by law. Section 36. It shall be the duty of the State Superinten- dent of Public Education to draw warrants during the months of November, February and June of each fiscal year on the 20 State Auditor covering the amount of the State Current School Fund in the treasury on the basis of the number of children in the various parishes between the ages of six and eighteen, both inclusive, as per the last census of educables, the warrants to be made payable to the school treasurers of the various parishes. Section 37, The State Superintendent of Public Education report. s ^ a ^ anmia n v ma ke a report to the Governor and the members of the Legislature of the condition and progress made and pos- sible improvements to be made in the public schools ; the amount and condition of the school funds; how its revenues during the previous year have been distributed; the amount collected and disbursed for public school purposes from local taxation, or from any other source, and how the same was expended, shall be set forth in the report. This report shall contain an abstract of the parish superintendents' reports. He shall communicate all facts, statistics and information that are of interest to the public schools. He shall cause to be printed a sufficient number of copies for distribution among the members of the Legislature, the State officials, parish school boards, libraries, and superin- tendents of schools of other states and territories, and to meet all exchanges of educational reports. re ort to ^e P ar ^ sn superintendents of schools shall make such annual reports to the State Board of Education by August 15 of each year as the State Superintendent of Public Education may re- quire. Whenever a parish superintendent of schools shall fail to place his annual report in the hands of the State superintendent of Public Education by August 15, and without an excuse accept- able to the State Superintendent of Public Education, the State Board of Education shall have authority to delegate an auditor to prepare the report. In such case it shall be the duty of the parish superintendent of schools to make readily available to said auditor all books, reports and other information, needed in the preparation of the report. The auditor's salary and all other necessary expenses shall be paid out of the salary of the parish superintendent failing to make the required report, and it shall be the duty of the State Supervisor of Public Accounts to see that the auditor's salary and other necessary expenses are paid as provided in th's section. Report to GOV- Section 38. The State Superintendent of Public Education's emor and Legisia- annual report to the Governor and the members of the Legis- lature shall outline receipts and expenditures of the various state educational institutions under the direction and control of the State Board of Education, together with necessary in- formation concerning faculty, enrollment, graduates, courses of study, and any other information required to show the con- dition, progress and needs of these institutions. The presidents of the state educational institutions shall be required to furnish by the fifteenth day of August of each year such reports as the State Superintendent of Public Education may require. 21 Section 39. Certified copies of records and papers in the Copy of rec or -, i certificates not to force and which were heretofore issued, as the result of an ex- be examined. animation held under the authority of law shall not be required to undergo an examination under the provisions of this Act, but such certificates are continued in force for their respective grades and for the time provided for in the law under which they were granted. After this Act goes into effect no person shall be appointed as teacher in the public schools of the State unless he or she holds a proper certificate. Section 57. Teachers shall faithfully enforce the school course of study and the regulations prescribed in pursuance of law ; and if any teacher shall wilfully refuse or neglect to comply with such requirements, the parish superintendent shall withhold the salary of such teacher until the teacher properly performs his or her duties in such respect. Must have ten Section 58. No school with an average attendance below ten pupils. " pupils shall be opened or maintained in any locality, except upon recommendation of the parish school board, giving its reason for such recommendation, and upon approval by the Louisiana State Board of Education. Children may at- Section 59. Children for whom adequate schools of suitable oirSn&^a 1 ? iThes^ grade have not been provided in their home parish may attend rneH - schools in an adjoining parish. In such cases permits shall be secured from the parish superintendent of the children's home parish, and after they have been approved by the parish superin- tendent of the parish in which the schools that the children desire to attend are located they shall be presented to the principals of the schools which the children wish to attend, who ^hall be re- quired to admit the children and provide for their instruction the same as if they were residents of the parish. The superintendent of the children 's home parish shall settle monthly for the instruc- tion of such children as shall take advantage of the provisions of this section, the settlement to be on the basis of the monthly per capita cost of instruction in the children's home parish. 25 Children living beyond the limits of a city which supports and operates public schools separate and apart from the sys- tem of schools under the jurisdiction of the parish school board, and having the right under the Constitution to charge for the instruction of children not residents of the city, may attend the schools of such city, provided the parish school board does not operate adequate schools of suitable grade for the benefit of such children. Pupils desiring to take advantage of the pro- visions of this section shall secure permits from the parish su- perintendent of their home parish, which permits shall be ap- proved by the city superintendent of the city schools which the children des're to attend, who shall designate on the permits the schools which the children are to attend. The Parish Su- perintendent shall settle monthly for the instruction of such of the parish children as shall attend the city schools under the provisions of this section, the settlement to be on the basis of the per capita, cost of instruction in the schools which operate under the jur'sdiction of the parish school board. No incidental or tuition fee shall be charged against any child attending a public school. Section 60. The branches of spelling, reading, writing, draw- ing, arithmetic, geography, grammar, United States history, ta 25J ches to be and health, including the evil effects of alcohol and nar- cotics, shall be taught in every elementary school. In addition to these, such other branches shall be taught as the State Board of Education, or the provisions of the State Constitution, may require. The minimum daily session, exclusive of all recesses, of every public school shall be five hours, provided that this shall not be construed so as to prevent half-day sessions where the school accommodations are insufficient for all the pupils of the district in a whole-day session. Nor shall it interfej-e with any arrangement made for the conduct of kindergarten schools; provided, that in the parish of Orleans the school board may fix the hours of the daily session of the public schools. A school week shall consist of five days and a school month of twenty days. Section 61. The free right of passage over all public ferries, bridges, and roads which are leased out by the State, parish or fr to school S3?- mnnicipality, or over which the State or parish or municipality dr en. exercises any control, or for which license is paid or toll exacted, be and is hereby granted to all children attending schools; and no tolls or fees shall be demanded or exacted from said children by keepers or attendants of said ferries, bridges, or roads, in their passage to and from school between the hours of seven (7) o'clock a. m. and nine-thirty (9:30) a. m., and two-thirty (2:30) o'clock p. m., and six (6) o'clock p. m., provided that on Sun- days and holidays no children shall have the right to cross said such ferries, bridges, or roads on terms different from those of any ordinary passenger. 26 Section 62. Educational institutions of this state which are Standards for ,.,, ., ,. .-, T , teachers. authorized by special acts of the Legislature, or may be so au- thorized in the future, to issue diplomas or confer degrees, shall be required to meet the following standards before the grad- uates of such institution shall be eligible to teach in the public schools without being required to pass the examination for teachers ' certificates. (a) In case of normal schools, at least a two-year course in advance of the Louisiana high schools, and such schools must maintain and operate practice schools having sufficient teach- ing force. (b) In the case of colleges, four-year courses in advance of Louisiana high schools. Graduates of all Louisiana schools as well as schools located in other states meeting the standard outlined in this section, shall be exempted from all examinations required of teachers, but all other persons shall be examined in all subjects required of applicants for teachers' certificates. Section 63. The school board of Orleans Parish shall consist of five members elected at large in the Congressional elections. The members now in office shall serve out their terms and their successors shall be elected for terms of six years; provided that the names of all candidates for election to the Orleans Parish School Board shall be placed in alphabetical order in a separate Orleans parishColumn of the ballot under the heading "ORLEANS PARISH school Board. SCHOOL BOARD" without reference to party affiliation or any other individual designation whatsoever, and that the said candidate shall be nominated by nomination papers only, signed for each candidate by not less than one hundred qualified voters of the Parish of Orleans. The said nomination papers shall be furnished, prepared, subscribed, certified, and promulgated in the manner and form provided for by the general election law i. e., Act 152 of 1898, as amended by subsequent acts, or by laws on the subject matter insofar as the provision of said acts are not in conflict herewith, provided that nomination pa- pers shall be filed with the Secretary of State before five o'clock p. m., on the fourth Tuesday before the day of election, and provided further that the making, having in possession, or dis- tribution of any sample ballot, marked ballot or any other de- vice of any kind whatsoever whereby attention shall be directed to the name of any nominee for the Orleans Parish School Board as a factional candidate is hereby declared to be a misdemeanor punishable by fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the parish prison for a term of not less than three months nor more than six months, or both at the discretion of the Court. The members shall have the same qualifications as those in the other parishes 27 of the State. The members of the board shall serve without vacancies- how pay, and the board shall meet monthly and at such called meet- fined. ing as the president may require. All vacancies in the member- ship of the board caused by death, resignation, or otherwise shall be filled by appointment by the Governor. All laws and rules and regulations of the State Board of Education govern- ing other parish school boards throughout the State shall govern the Orleans Parish School Board, except as this Act may otherwise specifically provide. Section 64. The Orleans Parish School Board shall have authority to make appropriations annually out of any of its make* a funds to the Teachers' Retirement Fund of the Public Schools tions. of the Parish; provided such appropriation shall not be less than thirty thousand dollars* ($30,000.00) each year. The Board may make additional appropriations to be used as a special fund for such aged and infirm teachers as are, under the laws now existing and in effect, receiving less than twenty-five dollars a month. Section 65. The Orleans Parish School Board shall have Normal schools authority to maintain one or more normal schools for the pro- fessional training of teachers. The course of study pursued in such schools must be approved by the State Board of Educa- tion. All graduates of these normal schools shall be awarded diplomas. Section 66. The Orleans Parish School Board shall have To authority to prepare courses of study for use in the public courses P of ei study schools of Orleans Parish, which courses of study must be ap- ^Jokg 81 d p t text proved by the State Board of Education; and to adopt text- books for use in the public schools of Orleans Parish subject to the approval of the State Board of Education. All teachers holding proper certificates now employed in said public schools of Orleans parish shall be regarded as per- teachers. 111 manent employees of said board, and said teachers shall not be removed from office except on written charges of immorality, neglect of duty, incompetency, malfeasance or non-feasance of which he has been found guilty by the board after investigation and report, and further provided that all teachers herein- * after appointed in said schools shall be appointed annually for the first three years after which time the appointment may be made permanent by the Board if the teacher is found satisfactory. Section 67. The Commissioner of Public Finances of the Commissioner of City of New Orleans shall be ex-officio treasurer of the Orleans pubiteinam?es It Parish School Board. He shall give an indemnity bond of not Sc e .off?cio ea treal?.re? less than fifty thousand dollars ($50,000.00) in favor of the of Board. Governor of the State of Louisiana or his successor in office. Section 68. The Orleans Parish school board or its successor H w revenues in law, shall secure its revenues as provided in the Constitution shall be secured. of the State. 28 Section 69. That all laws or parts of laws in conflict here- with be and the same are hereby repealed. Approved by the Governor: July 13, 1922, 1 p. m. ACT No. 103. Senate Bill No. 120. By Mr. Delos R. Johnson. Substitute for Senate Bill No. 42. AN ACT To make it unlawful for any unauthorized person to go upon the grounds of State Schools where dormitories for girls and women are maintained or operated, and to provide a pen- alty. Unlawful to en- Section 1. Be it enacted by the Legislature of Louisiana, out ^ernTssion7 ith ~ That ** shal * ^ e unlaw M f r anv unauthorized person to enter upon the premises or grounds of any State School or institu- tion where dormitories for girls and women are maintained or operated. Penalty. Section 2. That any person violating the provisions of this Act shall be guilty of a misdemeanor and on conviction shall be sentenced to pay a fine of not less than Ten ($10.00) Dollars, nor more than One Hundred ($100.00) Dollars, or be imprison- ed in the parish jail for a period of not less than ten (10) days, nor more than six (6) months, or both at the discretion of the Court. Approved by the Governor: July 13, 1922, 1:00 p. m. ACT No. 105. House Bill No. 127. By Mr. Womack. A JOINT RESOLUTION Proposing an amendment of Section 5 of Article XII of the Con- stitution relative to Public Education. Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each House concurring herein ; That at the next election for representatives in Congress to be held throughout the State on the 7th day of November 1922, there shall be and is hereby submitted to the electors, for their approval or rejection, in the manner provided by the con- stitution and general election laws of the state, a proposition 29 to amend Section 5 of Article XII of the Constitution of 1921, so as to read as follows : "Section 5. There shall be elected by the people at each succeeding general election a State Superintendent of Public Education, who shall be ex-officio Secretary of the Board, and whose salary shall be fixed by the State Board of Education at not less than Five Thousand ($5,000.00) Dollars, nor more than Seven Thousand Five Hundred ($7,500.00) Dollars, pay- able monthly on his own warrant." And if a majority of the electors voting on said proposition vote in favor thereof the aforementioned Article and Section of the Constitution shall be so amended. Section 2. There shall be printed upon the ballot; "For the amendment to section five (5) article twelve (12) of the Consti- tution of 1921;" and "against the amendment to article five (5) section twelve (12) of the Constitution of 1921;" and each elector shall indicate, as provided in the general election laws in this State, whether he vote for or against said amendment. Approved by the Governor: July 13, 1922, 1 :15 p. m. ACT No. 109. House Bill No. 310. By Mr. Moyse. AN ACT To authorize the City of Baton Rouge, through its proper offi- cer, to sell, transfer and convey to the East Baton Rouge Parish School Board a certain square of ground designated on the plan of the said city as Square No. 232, for the sum of Twenty-Five Thousand and no-100 Dollars ($25,000.00), to be paid in cash, due proof having been made that due notice was given in compliance with Section Six of Article Four of the Constitution of this State, and to provide for the dedication and disposition of the proceeds received from said sale. Section 1. Be it enacted by the Legislature of Louisiana City of Baton that the City of Baton Rouge, through its proper officer, is R o u s e authorized hereby authorized and empowered to sell, transfer and convey e ?ty 6 to C< East n Baton to the East Baton Rouge Parish School Board a certain square f c o f e Bo ard r i 8h of ground situated in that part of the City of Baton Rouge, known as Fuqua & Lamon Town, and designated on the plan of said city according to the official map thereof made by R. Swart, Surveyor, as Square No. 232, bounded by Louisiana Avenue, Spain, Poland and Dufrocq Streets, for the sum and price of Twenty-Five Thousand Dollars, to be paid in cash. 30 Mayor authorized Section 2. That the Mayor of said City of Baton Rouge is to convey title to hereby authorized to make said sale and to execute such deeds and do all other acts and things necessary to convey a clear title to said school board, without the delays and formalities pre- scribed by the charter of said City of Baton Rouge. Proceeds of sale ; Section 3. The said property having been originally ac- how dedicated. quired with funds realized from bonds voted for the purpose of acquiring a site and erecting a city hospital thereon, the money realized from the sale of the said property shall be used for such purpose, unless the funds so realized shall be dedicated to a different purpose or purposes by a vote of the qualified prop- erty holders of the City of Baton Rouge, Louisiana, as herein- after more fully set forth. Special election. Section 4. At any time prior to the use of the funds for the purpose stated in Section 3, a petition, signed by not less than twenty per cent of the resident property taxpayers of said city, qualified to vote under the constitution and laws of this state, may be presented to the governing body of the said city, requesting the said governing body to submit to the resident property taxpayers of the said city, qualified to vote under the Constitution and laws of the State of Louisiana, the question whether or not the said funds should be used for the purpose or purposes stated in the said petition. If the governing au- thority finds the purpose or purposes legal, and after it has satisfied itself of the qualifications of the petitioners, it shall adopt an ordinance, calling a special election to be held within ninety days after the receipt of the petition, at which the dis- position of the funds, as suggested in the said petition, shall be submitted to the resident property taxpayers, qualified to Notice of eiectibn. V ote, as aforesa'd. Notice of such election shall be given by publication in a newspaper published in the City of Baton Rouge, Louisiana, not less than once a week for thirty days immediately preceding the election. Such notice shall state the purpose of the election, the date on which it shall be held, the location of the polling booths, and the hour, date and place at which the ballot boxes shall be opened, the returns canvassed ^ Act 46 of 1921 to and the results declared by the said governing body. The said election shall be held and the results declared under the pro- visions of Act 46 of 1921, except where the latter conflicts with the present act, in which case the present act shall govern. Form of ballot. Section 5. The ballot used when voting shall contain the following: Shall the funds realized from the sale of the hospital Yes D site be used for (state purpose or purposes) ? No [J Taxable Valuation $ Signature of Voter. 31 Notice to Voters: To vote in favor of the proposition sub- mitted on this ballot, place a cross (x) mark in the square after the word "Yes;" to vote against it, place a similar mark after the word "No." Section 6. If a majority of the qualified property taxpayers, in both number and amount, voting in the said election, shall ectlon< vote in favor thereof, the proposition shall be declared carried, and the funds aforesaid shall be used for the purpose or pur- poses provided for in said proposition. Not more than one elec- tion shall be held in any period of six months to vote on the disposition of said funds. Section 7. Any person in interest shall have sixty days from the promulgation of the results of said election in which to at- ing 001 tack same. After that period no attack on the election, the reularity thereof, or the disposition of the funds in accordance with the results of said election, shall be considered by any court. Approved by the Governor: July 13, 1922, 1 :15 p. m. ACT No. 111. House Bill No. 349. By Mr. Byrne. AN ACT To amend and re-enact Section 1 of Act 74 of 1920, entitled, "An Act to provide for the compulsory attendance of men- tally or morally deficient children in special classes or schools organized and maintained by the parish school boards for their benefit, providing a penalty, giving parish school boards authority to furnish free textbooks under certain conditions, and repealing all laws in conflict. ' ' Section 1. Be it enacted by the Legislature of Louisiana, That Section 1 of Act 74 of 1920 be amended and re-enacted so as to read as follows: "Section 1. Be it enacted by the Legislature of Louisiana, ^ classes for That the parish school boards shall have authority to organize me tai?y, moral iy and maintain special classes or schools for the benefit of men-g^^^^ defi ' tally, morally, or physically deficient children whose needs can- not be properly cared for in regular public schols." Approved by the Governor : July 13', 1922, 1 p. m. ACT No. 117. Senate Bill No. 103. By Mr. Browne. AN ACT To provide for the compulsory school attendance of children between the ages of seven and fourteen years both inclu- sive, providing a penalty, giving parish school boards au- 32 thority to furnish free textbooks under certain conditions, to make such rules and regulations as may be necessary to carry out the provisions of this Act, and repealing all laws in conflict, Parish of Orleans excepted. Compulsory at- Section 1. Be it enacted by the Legislature of Louisiana, tendance in schools. That every parent, guardian or other person residing within the State of Louisiana having control or charge of any child or children between the ages of seven and fourteen years both inclusive, shall send such child or childern to a public or pri- vate day school under such penalty for non-compliance herewith as is hereinafter provided. Section- 2. That the minimum session of attendance required nimum session. under ^ Act ^j fee Qne hun(ired f orty days Qr for the full session of the public schools where the public school session is one hundred forty days or less. who re x m t Section 3 - Tllat tne following classes of children between the ?t 'ages of seven and fourteen years shall be exempted from the provisions of this Act, the Parish School Board to be sole judge in all such cases; (a) Children mentally or physically incapaci- tated to perform school duties, (b) Children who have com- pleted the ( lementary course of study, (c) Children living more than two and one-half miles from a school of suitable grade and for w! om free transportation is not furnished by the school Board, (d) Children for whom adequate school facilities have not been provided, (e) Children whose services are needed to support widowed mothers. Penalty for vio- Section 4. That all cases of violation of the foregoing pro- lation. visions by any parent, guardian or other person having control of children shall be tried in the proper courts having jurisdic- tion, and the penalty for every violation of any of said pro- visions shall be a fine not exceeding $10 dollars or not exceeding ten days in jail, or both, at the discretion of the court. Delinquent chii- Section 5. That all cases of non-attendance of children at dren - schools, as above required, which is not due to the fault of the parent, guardian, or other person having control of such chil- dren, on account of failure to comply with the foregoing pro- visions, but due to truancy on the part of the child or children shall be considered as delinquency and such child or children, shall be reported to the juvenile Court as delinquent children there to be dealt with in such manner as the Judge of said court may determine, either by placing said delinquent in a home, public or private institution, where school may be pro- vided for said children, or otherwise. Truancy defined. Section 6. That truancy as used in this article is defined as absence from school without reasonable excuse. Rules and re&u- Section 7. That the Parish School Boards may make such lations. rules and regulations as may be necessary in order to carry out the provisions of this Act. 33 Section 8. That parish school boards shall have authority to Furnishing text- furnish textbooks free to children whose parents or guardians books, are unable to provide same. Section 9. That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved by the Governor : July 13, 1922, 4 :30 p. m. ACT No. 125. House Bill No. 162. By Mr. Hamley. AN ACT To provide for the acceptance of the benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled (H. R. 4438, approved June 2, 1920) entitled, "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment"; and to provide for the administration of same. Section 1. Be it enacted by the Legislature of Louisiana, That Accep ting bene- the State of Louisiana does hereby, through its Legislature, ac- fits of Act of Con- cept the provisions and benefits of the Act of Congress, entitled, sr 4 ' An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment," approved June 2, 1920, and will observe and comply with all requirements of said Act. Section 2. The board designated or created as the State Board state Board of for Vocational Education to cooperate with the Federal Board Vocational Educa- for Vocational Education in the administration of the provisions ^?tn FederaTloar^ of the Vocational Education Act, approved February 23, 1917, is hereby designated as the State Board to cooperate with the said Federal Board in carrying out the provisions and the purposes of said Federal Act providing for the vocational rehabilitation of persons disabled in industry or otherwise. Section 3. It shall be the duty of the State Board, designated state oard to to cooperate as aforesaid in the administration of the Federal formulate plan of Act, and the Labor Commissioner of Louisiana, to formulate a co plan of cooperation in accordance with the provisions of this act and said act of Congress, such plan to become effective when approved by the Governor of the State. Section 4. The State Treasurer is hereby designated and ap- state Treasurer pointed custodian of all monies received by the State from ap- custodian <* funds - propriations made by the Congress of the United States for the vocational rehabilitation of persons disabled in industry or other- wise, and is authorized to receive and provide for the proper custody of the same and to make disbursement therefrom upon the requisition of the State Board for Vocational Education. 34 Duty of state Section 5. The State Board designated to cooperate as af ore- Board in accepting said in the administration of the Federal Act, is hereby authoriz- >ns * ed and empowered to receive such gifts and donations, either from public or private sources as may be offered unconditionally, or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the State Board are proper and consistent with the provisions of this act. All the monies received as gifts or donations shall be deposited in the State Treasury and shall constitute a per- manent fund to be called the special fund for the vocational re- habilitation of disabled persons. A full report of all gifts and ., J t e ~ donations offered and accepted, together with the names of the habilitation of dis- , , ,, .. , ., . , , , abied persons. donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the Gov- ernor of the State by the State Board. Approved by the Governor: July 13, 1922, 4:40 p. m. ACT No. 128. House Bill No. 305. By Mr. Humphries, J. E. AN ACT To amend and reenact Section Three (3) of Act No. 24 of 1915, entitled "An Act to authorize the Board of School Directors of Caldwell Parish to provoke a judicial liquidation of the property, funds, and affairs of the Pine Grove Academy, incorporated by the State of Louisiana, by Act 76 of 1838, and re-incorporated by Act 195 of 1860, and especially em- powering said Judicial Liquidator to sue for and to recover and to administer the property donated to said Pine Grove- Academy by Hyams and Chew, and Daniel W. Coxe, which donations were confirmed by the Congress of the United States on July 29th, 1854:" due notice of the intention of applying for the passage hereof having been published as re- quired by Section 6 of Article 4 of the Constitution of Lou- ' isiana and evidence thereof exhibited to the Legislature. Section 1. Be it enacted by the Legislature of Louisiana that Section Three (3) of Act No. 24 of 1915, approved on June 11, 1915, be amended and reenacted so as to read as follows : "Section 3. That the said Judicial Liquidator shall be au- Saie of property, thorized to sell at private sale all of the property belonging to or recovered for the said Pine Grove Academy as a whole, or in tracts of not less than 160 acres, after the price and terms of which sale or sales have been approved by the District Court in and for the Parish of Caldwell, and the proceeds therefrom, after paying all expenses incurred by the Judicial Liquidator in recovering said lands, in administering on and disposing of 35 same, shall be turned over to the Caldwell Parish School Board to be used for the benefit of the public schools. " Section 2. All laws or parts of laws in conflict with the provi- sions of this act are hereby repealed. Approved by the Governor: July 13, 1922, 4:30 p.m. ACT No. 129. House Bill No. 306. By Mr. Higgins. AN ACT Concerning lost, cancelled or destroyed bonds of any parish, municipality, sub-division of the State, public body, board or agency ; authorizing the issuance of new bonds to repre- sent such lost, cancelled or destroyed bonds and providing for the registration thereof by the Secretary of the State. Section 1. Be it enacted by the Legislature of Louisiana: Authorizln the That whenever bonds duly issued by any parish, municipality, issuance 01 new sub-division of the State or by any public body, board or agency Ceiled *ST d S shall be lost, destroyed or improperly cancelled, upon proof of stroyed. such loss, cancellation or destruction of said bonds satisfactory to the governing body of such parish, municipality, sub-division of the State, or such public body, board or agency, and upon the giving to such parish, municipality, sub-division of the State, public body, board or agency, an indemnity bond in such amount as such parish, municipality, sub-division of the State, public body, board or agency may require, such parish, municipality, sub-division of the State, or such public body, board or agency may, by resolution of the governing body thereof, authorize the issuance of new bonds in lieu of such lost, cancelled or destroyed bonds, which shall be in all respects identical with such lost, cancelled or destroyed bonds, provided, however, that said new bonds shall bear on their face the following additional clause : 1 ' This bond is issued to replace a lost cancelled or destroyed bond under the authority of Act No Laws of Louisiana, 1922. " Section 2. That said bonds and the coupons thereto attached i n , . -, i j-, P . -, . -, ,-, . . i How bonds must shall be signed by the same officers who signed the original be signed, bonds, provided, however, that in the event the officers who executed the original bonds have retired from office; then the new bonds shall be signed by the officers then in office. Section 3. That in the event the original bonds shall have Registration, been registered in the office of the Secretary of State of Louis- iana, and bore a certificate evidencing such registration signed by the Secretary of State, said new bonds shall also be registered in the office of the Secretary of State of Louisiana, and the 36 Secretary of State then in office is hereby authorized and di- rected to execute and seal a similar registration certificate upon said bonds. obii ation Section 4. That the obligation of said parish, municipality, sub-division of the State, public body, board or agency, upon said new bonds, shall be identical with its obligation upon the ori- ginal bonds, and the rights of the holder thereof shall be the same as those conferred by the original bonds which said new bonds are intended to replace. Approved by the Governor: July 13, 1922, 4:40 p.m. ACT No. 130. House Bill No. 307. By Mr. Higgins. AN ACT Validating the exchange of bonds by any parish, municipality, sub-division of the State, or any public body, board or agency. validating the ex- Section 1. Be it enacted by the Legislature of Louisiana : change of bonds. That the delivery to the holder of any bonds of any parish, municipality, sub-division of the State, or of any public body, board or agency, of bonds of such parish, municipality, sub- division of the State, public body, board or agency, heretofore made in exchange for a like amount of bonds of the same author- ized issue, is hereby validated, approved and confirmed, and all such bonds heretofore delivered in exchange for a like amount of bonds of the same authorized issue are hereby declared to be the valid and legally binding obligations of such parish, munic- ipality, sub-division of the State, public body, board or agency making the exchange. Approved by the Governor : July 13, 1922, 4 : 30 p. m. ACT No. 139. Senate Bill No, 127. By the Joint Comimttee on Judiciary, Sections "A" and "B". Substi- tute for Senate Bill No. 77 by Mr. Browne. AN ACT Relative to the Building Contracts; providing for the bond to be given in connection therewith, for the recordation of the contract, and bond and proceedings to be had thereunder and to provide for the creation, recordation and recognition 37 of liens and privileges and the protection of contractors, architects, consulting engineers, sub-contractors, laborers, material men, mechanics, journeymen, cartmen, truckmen, and all others who shall do or perform any work or labor upon or furnish material, machinery or fixtures for any building or other structure upon land in this State. Section 1. Be it enacted by the Legislature of Louisiana, contracts to be That every contract hereafter made or entered into for the re- 5J" itten and record - pair, reconstruction, erection or construction of a building or of any other work by an undertaker, contractor, master mechanic, contracting engineer, shall be reduced to writing and signed by the parties under private signatures, or by authentic act, and shall be recorded in the office of the Recorder of Mortgages for the Parish wherein the building or said work is to be erected or performed before the day fixed on which said work is to com- mence and not later than thirty days after the date of said con- tract and such recordation shall preserve the liens and privileges, which liens and privileges are hereby created, on the building or other structure so repaired, reconstructed, erected or construct- ed, and on the land on which it is situated, in favor of every undertaker, architect, consulting engineer, contractor, master mechanic, or contracting engineer and sub-contractors, workmen, journeymen, cartmen, truckmen, laborers, mechanics or furn- ishers of material, machinery or fixtures as their interest may arise. The owners of such work shall require of said undertaker, contractor, master mechanic, or engineeer, a bond with good and solvent surety as follows: For all contracts not exceeeding Five Thousand Dollars the amount of the bond shall be the amount of the contract; for contracts over Five Thousand Dol- Contractor's bond lars, and not exceeding One Hundred Thousand Dollars the pr bond shall not be less than fifty per cent of the contract; for contracts not exceeding One Million Dollars but over One Hundred Thousand Dollars the bond shall not be less than thirty-three and one-third per cent of the contract, and for con- tracts exceeding One Million Dollars, the bond shall not be less than twenty-five per cent of the contract. Section 2. The bond shall be attached to and recorded with Bond to be &t _ the contract in the Mortgage Office as above set forth, and thetached to and re- conditions of the bond shall be the true and faithful performance g* of the contract and the payment of all sub-contractors, journey- men, cartmen, truckmen, workmen, laborers, mechanics and fur- nishers of material jointly as their interest may arise. Every person having a claim against the undertaker, contractor, master mechanic or contracting engineer shall after the date of the com- pletion of the said work by, or the date of default of the under- taker, contractor, master mechanic or contracting engineer, mail C hantc? S etc b . y to"^ or otherwise send a sworn itemized statement thereof to the file .. wi j n owner or architect. owner or his architect or other representative, and record a 38 sworn statement of the amount thereof, or his contract, if it has Recorded within been reduced to writing, in the office of the Recorder of Mort- gages for the Parish in which the said work has been done within thirty days after the registry of notice with the Recorder of Mortgages for the Parish where the work is done, by the owner of his acceptance of the work or of the contractor's default, or the recordation of the architect's certificate of completion, until which time the delay to file claims of privileges shall not run. If at the expiration of said thirty days there are no such recorded claims filed, the Recorder of Mortgages, shall upon written de- inscriptions era*- mand of any party interested, cancel and erase from the books ed if no claim. ,, , . . . . ,. ,^. -, , . of his office all inscriptions resulting from the recordation of said contract or bond as to all parties except the contractor. If at the expiration of thirty days there are such recorded claims filed, the owner or other interested person may file a petition in a Court of competent jurisdiction citing all claimants, including the undertaker, contractor, master mechanic, or engineer, against whom said claims are filed and the surety on the bond, and shall therein assert whatever claim he has against any or all of them and require said claimants to assert their respective claims; and all of said claims shall be tried in concursus. In the event that Claim by the the owner has claims in concursus with the other claimants who have a lien and privilege on his property under the provisions of this Act, the cost of completing the building or other work by reason of the default of the original contract, when established to the satisfaction of the court, and when paid for by the owner, shall be reimbursed to him by preference out of any balance which might have been due under the contract if completed by the contractor ; but the owner shall have no claim for the excess in the cost of completion if such cost exceeds the amount of said balance, or for any other of his claims against the surety on the bond of the contract until all other claimants have been paid in full. When the owner files a concursus proceeding he must de- posit in Court whatever funds, if any, remain in his hands after paying the costs of completing the building if he was compelled to complete it by reason of the default of the contractor ; but any claimant shall have the right to show in that suit or other appro- priate proceeding that the amount claimed to have been paid by the owner for such completion was not really paid or that work was done not covered by the original contract and pending the trial of such issue the liens and privileges herein given to sub- contractors and others shall remain in full force and effect. Section 3. Where any work as hereinabove set forth is done on buildings or other improvements made, where the person for whom the work is done or with whom the contract is made, or by whom the work is done is not the owner of the land upon which the work is located, then the liens and privileges created and established by this Act shall operate upon whatever right 39 said person having the work done, or doing the work, may have to the use of the land as lessee, usufructuary er otherwise ; and said lien and privilege shall operate against the lease such person holds if there is one, or if said work is caused to be erected by a mineral lessee, then the privilege shall exist against the mineral lease and whatever rights the lessee may have therein, thereon or thereto; provided, however, that the privileges hereby created shall not interfere with the lessor 's lien and privilege or his right to demand and recover occupancy of the leased premises in de- fault of the payment of rent, or his right to sell the lease or right of occupancy under any judgment he may obtain against his lessee growing out of the lease; and in the case of any such -sale, the privileges herein created shall be resfricted to the pro- ceeds of sale and shall not follow the property, the lease, or the right of occupancy. Section 4. If no objections are made by any of the recorded If no claims, m- <;laimants to the sufficiency or solvency of the surety on the bond JJJ^ ons shal * be within ten days after the filing of said concursus, the Court shall order its clerk to give to any party interested a certificate to that effect and on presentation of said cerificate to the Recorder of Mortgages he shall cancel and erase all inscriptions created by the recordation of said contract, bond and claims. Section 5. If the bond is found to be insufficient in amount Liability of own _ or not to have a proper and solvent surety, or if the owner fails er for insufficient to require a bond, or if he fail to record the contract and bond bcnd> etc " during the time herein provided, he shall be liable to sub-con- tractors, journeymen, cartmen, truckmen, workmen, laborers, and mechanics and furnishers of material to the same extent as the surety would have been. And the privilege hereinbefore pro- vided for if recorded as provided in Section 2 hereof, shall re- main in full force and effect until all claims against the building or other work erected on the land on which it is situated shall have been paid, unless otherwise ordered by the Court. In all cases where surety has been furnished, the surety shall be entitled to make only the same defenses that the contractor for whom he signed the bond is authorized to make except as to the owner who has made payments in anticipation. Section 6. The failure of the owner to record the contract ., i . p. . -i i i i-i i Failure to record and oond or failure to obtain a sufficient bond, shall not release bond and contract the surety as to the owner who shall have full recourse against %** t r el owSer Ure such sure'ty up to the amount of the bond for whatever he may have to pay to complete the building or other work to satisfy the claims of all those who have done work thereon or furnished material and who have not been paid by the contractor. Section 7. A building contract may provide for partial pay- ments as the work progresses and any payment made by the r ov?d* tr fo? partial owner strictly in accordance with the contract, shall absolve him payments, from further liability therefor, provided he has exacted a bond and has recorded the contract and bond as required by this Act. 40 Privileges super- Section 8. The privileges accorded by this Act shall be supe- ior to ail other rior to all other claims against the building or other work, and ims, :ceptions. tlie land Qn w fach it ^ s it ua ted, except taxes, local assessments for public improvements and the vendor's privilege on the land recorded prior to the building contract, and the holder of such vendor's privileges shall be entitled to a separate appraisement of the ground and of the building or other work thereon and the holder of such privilege shall be paid from the sale of the property in proportion to the appraisement on the land and the holders of the other privileges herein granted shall be paid from said sale in proportion to the appraisement of the building. Rank of privilege. Section 9. The privilege herein granted, except where special rank is given thereto, shall be of equal rank if recorded as pro- vided in Section 2 hereof, and shall be paid jointly out of the balance of funds in the hands of the owner or by the surety on the bond, if such balance is sufficient to pay them in full. Attorney's fee. Section 10. In any concursus proceeding the Attorney of the owner shall be entitled to a prior fee to be recovered against the fund deposited ov against the surety, but this fee shall not be paid in preference to the claims of sub-contractors, journeymen, cartmen, truckmen, laborers or material men ; and any claim of demurrage or liquidated damage which the owner may have against the contractor may be allowed only with the same rank. Should the owner not recover all he claims in the concursus pro- ceeding the Attorney 's fees as fixed by the Court shall be reduced proportionately. In any concursus proceeding there shall be paid by preference over all other claims the costs of the proceedings in Court. Any surety so desiring may invoke the concursus proceeding herein authorized by proper proceeding in Court and by depositing in Court at the time of filing of the proceeding the full amount of the bond, provided, that after the case is at issue such surety may withdraw with the permission of the Court all of the deposit made except sufficient to cover the claims made in the concursus and twenty-five per cent, additional thereto, when no con- Section 11. Whenever the owner or his authorized agent or tract has been en- representative undertakes the repair, reconstruction, erection or construction of a building or any other work for his own account or for which no contract has been entered into, then any person furnishing services or material or performing any labor on said building or other structure, may record in the Mortgage Office in the Parish in which said work is being constructed, a certified copy of the building permit, or affidavit of claim or any other writing evidencing same, which recordation shall create a lien and privilege upon the building or other structure and on the land upon which it is situated, as created by this Act, in favor of the said contractor, master mechanic or contracting engineer, and sub-contractors, workmen, journeymen, cartmen, truckmen, mechanics and furnishers of material, as their interest may arise,. 41 for the period of one year from the completion or occupancy of the building or other work which term shall not run pending judicial proceedings. Section 12. Architects and consulting engineers employed by Architects and the owner or other person as provided in Section 2 hereof, in eeS! ltinsr ensi ~ connection with buildings or other work erected or constructed under the terms of this Act shall have a lien and privilege for the payment of their contract charges on the building or other work and on the land on which it stands, of equal rank with the contractor ; and said lien and privilege may be recorded at any time up to the limit of time provided in said Section, but shall affect third persons only from the date of recordation. Section 13. The Claims of laborers in all cases covered by claims of labor- this Act shall be secured by the lien and privilege hereinbefore er * created against buildings or other works whereon the labor was performed and against the land on which the same is situated, until they have been paid in full. Section 14. Nothing in this act shall be so construed as to deprive any claimant within the terms of this act of his right of action upon the bond, which right shall accrue at any time after the maturity of his claim. Section 15. All laws and parts of laws in conflict or incon- sistent herewith on the same subject matter be, and the same are hereby repealed ; except that all contracts made heretofore or before December 31st, 1922, whether recorded or not, and the rights and obligations of all parties as to incompleted buildings or other works where there is no contract, shall be subject to the laws now existing. Section 16. This law shall be in force and effect from and after the 31st day of December, 1922. Approved by the Governor: July 13, 1922, 8 :40 p. m. Re eajln clauge> House Bill No. 411. ACT No. 140. By Mr. Dreyfus, Chairman of The Ways and Means Com- mittee. Substitute for House Bill No. 15 by Mr. Schell. AN ACT To carry into effect Section 21 of Article 10 of the Constitution of 1921 by levying a tax upon all natural resources severed from the 'soil or water; including all forms of timber, tur- pentine and other forest products; minerals, such as oil, gas, sulphur, salt, coal, lignite and ores ; also marble, stone, 42 gravel, sand, shells, and other natural deposits; fixing lia- bility for, and prescribing the method of collecting and enforcing the payment of such tax; requiring those en- gaged in the severance of, and dealing in, such natural re- sources to make reports of their business as may be neces- sary for the proper enforcement of this Act; to provide penalties; and to provide for the imposition and payment of the license tax due and to become due under Act 31 of 1920 and other laws, and as herein provided. Levying taxes on Section 1. Be it enacted by the Legislature of Louisiana, natural resources That for the year 1923, and for each subsequent year, taxes as o? T w r afer. fn M authorized by Section 21 of Article 10 of the Constitution of 1921, are hereby levied upon all natural resources severed from the soil or water; including all forms of timber, turpentine and other forest products; minerals, such as oil, gas, sulphur, salt, coal, lignite and ores; also marble, stone, gravel, sand, shells and other natural deposits. Such taxes shall be paid by the owner or proportionately by the owners thereof at the time of the severance, and become due and exigible quarterly, as herein provided; and they shall operate as a first lien and privilege on such natural resources, which lien and privilege shall follow said natural resources into the hands of third persons whether in good or bad faith, and whether the same be found in a manufactured or unmanufac- tured state. Classes. Section 2. For the purposes of taxation natural resources severed from the soil or water shall be divided into two classes, on which taxes are hereby levied and shall be paid at the fol- lowing rates: on and gas 3%. On oil and gas, three per centum (3%) of the gross market value of the total production thereof: other resources On all other natural resources, two per centum (2%) of the gross market value of the total production thereof. For the purposes of this Act said gross market value of each such product or natural resource shall be computed in its un- manufactured state, and as of the time when, and at the place where, it was severed or taken from the soil or water. Section 3. All such taxes shall be collected quarterly by the ta e s llection of respective sheriffs and Ex-Officio Tax Collectors of the several parishes from within which the natural resources are severed, and by them shall be paid into the State Treasury as collected, and in the same manner and at the same time as required by law for other State collections. When so paid into the State Treasury, two-thirds (2/3) of credited hl to S Sever- tne severance taxes collected on oil and gas, together with all ance Tax Fund. O f th e severance taxes collected on all other natural resources severed from the soil or water, shall be credited by the Auditor 43 and Treasurer to a special fund, which is hereby created, to be known as the Severance Tax Fund of the State of Louisiana. The remaining one-third (1/3) of the severance taxes col- lected on oil and gas is hereby allocated to the parish f rom auocate^fo oif and within which such taxes are collected, and shall be credited to gas producing par- such parish by the Auditor and Treasurer, provided such allo- ls cation and credit shall not exceed two hundred thousand dol- lars ($200,000.00) in any parish in any one year. "When this limit of two hundred thousand dollars ($200,000.00) shall have been reached, there shall be no further allocation, and all addi- tional collections for the year shall be credited in full to the Severance Tax Fund herein before created. Section 4. The amounts allocated and credited to each oil and gas producing parish under this Act, shall be appor- tioned and distributed quarterly among the parish, school, and such district governing authorities as have jurisdiction over district authorities, the territory from within which such resources are severed and tax collected. Such apportionment and distribution shall be made within the first fifteen days of each calendar quarter by the Auditor and Treasurer in proportion to the amount of advalorem prop- erty taxes payable to each such governing authority as shown by the last completed assessment roll, and shall cover all amounts allocated and credited to the parishes during the pre- ceding quarter. Section 5. Every person, firm, corporation or association of statements to be persons severing any natural resources from the soil or water filed with supcrvi- in this State shall, within thirty (30) days after the expiration * unt s f ] of each quarter-annual period expiring, respectively, on the last day of March, June, September and December of each year, file with the Supervisor of Public Accounts a statement under oath, on forms prescribed by him, of the business con- ducted by such person, firm, corporation or association of per- sons during the last preceding quarter-annual period, showing the kind of natural resources so severed or produced, the gross quantity and actual cash value thereof, the names of the own- ers at the time of severance, the portion owned by each, and such other reasonable and necessary information pertaining thereto as the Supervisor of Public Accounts may require for the proper enforcement of the provisions of this Act. There shall also be shown on such quarterly reports the location of each such natural resource and the place or places where pro- duced or severed from the soil or water. At the time of rendering such quarter-annual report, each . . . in UUpllCcLtG SUclLC- person, firm, corporation or association 01 persons snail con- ments to be filed currently file a duplicate thereof with the tax collector of the $ th p Jf s x h parish where said natural resource is taken or severed from with tax - the soil or water; and shall pay to the said tax collector a tax 44 of 3% on the gross market value of the total amount of oil and gas, and a tax of 2% on the gross market value of the total amount of all other natural resources severed from the soil or water during the preceding three months. To whom appii- Section 6. Except as otherwise provided in this Act, the making of said reports, and the payment of said taxes, shall be by those actually engaged in the operation of severing, whether it be the owner of the soil, or other person severing from the soil of another, or the owner of any such natural re- surce severing from the soil of another. The reporting taxpayer shall collect or with-hold out of the value of the products severed, the proportionate parts of the total tax due by the respective owners of such natural resources at the time of severance. Operators author- Section 7. Every person, firm, corporation or association of 1 a Z moun t tof d tax U b Ct P ersons actually engaged in severing oil, gas, or other natural fore U1 making aX pay- resources from the soil or water, or actually operating oil or gas property, or other property from which natural resources are severed, under contracts or agreements requiring payment direct to the owners of any royalty interest, excess royalty, or working interest, either in money or in kind, is hereby author- ized, empowered and required to deduct from any amount due, or from anything due, the amount of the tax herein levied before making such payments. Deduction of tax Section 8. When any person, firm, corporation or associa- to be made by pur- tion of persons actually engaged in severing oil or gas, or other natural resources from the soil or water, under contracts or agreements requiring payments direct to any owner of the proportionate share of such natural resource, as set out in the preceding section, shall sell such oil or gas, or other natural resource to any person, firm, corporation or association of per- sons, under contracts or agreements requiring such purchasers to pay all owners of such natural resources direct, then the person, firm, corporation or association of persons actually sev- ering such natural resources from the soil or water, or actually operating such oil or gas property, may not be required to de- duct the tax herein levied, but in which event such deduction shall be made by the purchaser before making payments to each owner of such oil, gas or other natural resources; pro- vided that nothing herein shall be construed as releasing the person, firm, corporation or association of persons severing the products from liability for the payment of said taxes. Deduction of tax Section 9. Every person, firm, corporation or association of by purchaser. persons purchasing oil, gas or any other natural resources sev- ered from the soil or water, under contracts or agreements re- quiring such purchaser to make payment direct to the owners of such oil, gas, or other natural resource, is hereby authorized, empowered and "required to deduct from any amount due any 45 owner of such natural resource the amount of the tax levied by the provisions of this Act before making such payments. All persons, firms, corporations or associations of persons Re ortg and required to deduct from amounts due to others the tax herein ment of tax. levied shall file with the Supervisor of Public Accounts, and with the tax collector of the parish where such natural re- source is severed from the soil or water, the reports herein re- quired, and shall at the same time pay to the said tax collector the amount of the tax thus deducted or withheld under the provisions of this Act; provided that nothing herein shall be construed as releasing the person, firm, corporation or associa- tion of persons severing the resources from liability for the payment of said taxes. Section 10. Whenever the title to any natural resources Settlement W h e re being severed from the soil or water is in dispute, or whenever title of property is the purchaser of such natural resources, or any person, firm, in corporation or association of persons engaged in severing nat- ural resources from the soil or water, or in the actual operation of oil or gas property, shall be with-holding payments on account of litigation, or for any other reason, such purchaser of natural resources severed from the soil or water, or person, firm, cor- poration or association of persons actually engaged in severing such natural resurces from the soil or water, or the actual operation of oil or gas properties, is hereby authorized, em- powered and required to deduct from the gross amount thus held the amount of the tax herein levied, and to make remit- tance thereof to the tax collector of the parish wherein such natural resources are severed, as herein provided. Section 11. The owners of natural resources severed from owners of natur- the soil or water are hereby made proportionately responsible g^ J^^^jJJJ for the payment of the tax herein levied, and if the tax dueiy responsible for on such natural resources severed from the soil or water is not tax * paid by the purchaser thereof, or by the person, firm, corpora- tion or association of persons actually engaged in severing such natural resources from the soil or water, or operating oil or gas properties, then the Supervisor of Public Accounts shall make, in any manner feasible, and cause to be recorded in the mortgage records of the parish where such natural resources are severed from the soil or water, a statement under oath statement t be showing the proportionate amount of the tax due by each said rec owner of the natural resources severed from the soil or water, which statement when filed for record, shall operate as a first lien, privilege and mortgage on all of the property from which the resources were severed and on all the property of the re- spective tax debtors as the case may be, and said property shall be subject to seizure and sale for the payment of the taxes due; provided nothing herein shall be construed as waiv- ing or releasing the privilege on the resources severed wherever found. 46 Notice of seizure Section 12. Whenever the Supervisor of Public Accounts by supervisor of shall cause the statement provided for in the preceding sec- Public Accounts. ,. , -i j i i Yt , tion to be recorded, he shall give notice to the tax debtor by registered letter of the recordation of such statement, and fifteen days thereafter the said Supervisor of Public Accounts shall cause the sheriff and tax collector of the parish wherein such natural resources are severed, to seize and sell, for the payment of such taxes, any property belonging to the tax debtor, or tax debtors, as provided above, which may be found within the jurisdiction of the said sheriff and tax collector. Manner of seizing Section 13. The sheriff and tax collector of any parish, property, etc. when requested by the Supervisor of Public Accounts, is hereby required to seize and sell any property, assets and effects belong- ing to any person, firm, corporation or association of persons owing the tax herein levied on any natural resource severed from the soil or water, after the recordation of the statement required in Section 11, and after the notice required in Section 12 has been given; and all such seizures and sale shall be con- ducted in the manner and form now required for the sale of similar property for taxes, and penalties shall be imposed and collected as prescribed herein and by general laws. Pro ert subject Section 14. All oil and gas leases, interest in minerals, min- to seizure. 7 eral rights, royalty interests, timber contracts, and rights of any kind to the ownership of any natural resource severed from the soil or water, are hereby declared to be subject to seizure and sale for the payment of the tax herein levied in preference to all other claims, liens and privileges. Penait for de Section 15. The tax provided by this Act shall become de- linquency 7 e " linquent after the date fixed for each quarter-annual report to be filed in the office of the Supervisor of Public Accounts, and from such time shall, as a penalty for such delinquency, be sub.ioct to a penalty of 2% per month and other penalties provided in the general revenue laws of this State. The payment of the severance tax levied by this Act shall to^e in addition to, and shall not affect the liability of the parties other taxes. so taxed for, the payment of all state, parochial, municipal, district and spocial taxes levied upon their real estate and other corporeal property; but no further or additional tax or license shall be levied or imposed npcn oil or gas leases or rights; nor shall any additional value be added to the assess- ment of land by reason of the presence of oil or gas therein or their production therefrom. No severance tax or license shall be levied or imposed by any parish or other local sub- division of the State. Section 16. The Supervisor of Public Accounts shall have tie?^f rs s u a p n e ( rvisor the power to require any person, firm, corporation or associa- of Public Accounts, tion of persons engaged in severing natural products from the soil or water to furnish any additional information by him 47 deemed to be necessary for the purpose of computing the amount of said tax ; and for said purpose to examine the books, records and files of such person, firm, corporation or associa- tion of persons; and, to that end, shall have the power to examine witnesses, and if any such witness shall fail or refuse to appear at the request of the Supervisor of Public Accounts, or refuse access to books, records and files, said Supervisor of Public Accounts shall certify the facts and the name of the witness so failing or refusing to appear, or refusing access to books and papers, to the District Court of the State having jurisdiction of the party; and said Court shall thereupon issue a summons to the said party to appear before the said Super- visor, or his assistant, at a place designated within the juris- diction of the Court, on a day fixed, to be continued as occa- sion may require, and give such evidence, and open for in- spection such books and papers as may be required, for the purpose of ascertaining whether or not any return so made is the true and correct return 'as herein required; and whenever it shall appear to the Supervisor that any such person, firm, corporation or association of persons engaged in severing such natural products from the soil or water has unlawfully made an untrue or incorrect return, as herein provided, said Super- visor shall correct the return and shall compute said tax on same, and certify the same to the tax collector for collection. Section 17. If any person, firm, corporation or association of Failure to make persons shall fail to make a report of the gross production and reports of g r o s a value of its natural products (upon which the severance tax duty <$ C Supefvfsor is herein levied) within the time and in the manner prescribed ' Publl Accounts, by law for such report, it shall be the duty of the Supervisor of Public Accounts to examine the books, records and files of any such person, firm, corporation or association of persons to ascer- tain the amount and value of such production and to compute the tax thereon as provided herein, and according to the proce- dure hereinbefore provided, where witnesses refuse to testify, or access to books and papers is refused, and shall add thereto the cost of such examination, together with any penalties accru- ing thereon. Section 18. Any person who shall intentionally make any false oath to any report required by the provisions of this Act shall be deemed guilty of perjury and shall be subject to all penalties prescribed for said crime. Section 19. It is hereby made the duty of the Supervisor of supervisor of Public Accounts to supervise and enforce the collection of all f^pow^ed^wu^ taxes that may be due under the provisions of this Act ; and, to collection of taxes, that end, the said Supervisor is hereby vested with all of the power and authority conferred by this Act. 48 Purchasers and Section 20. It is hereby made the duty of all purchasers and deaier^equired ^to others dealing in any natural product severed from the soil or ports ( of a aii e sales" water in Louisiana to file quarterly with the said Supervisor of Public Accounts a statement, under oath, showing the names and addresses of all persons, firms, corporations, or associations of persons from whom each said purchaser or dealer has purchased any natural product severed from the soil or water in Louisiana during said quarter; together with the total quantity of, and gross price paid for, each such natural product. Said reports shall be filed within thirty (30) days after the expiration of each quarter, and shall be made on such forms as may be prescribed by said Supervisor of Public Accounts. The failure of any per- son, firm, corporation or association of persons to make reports as herein provided shall be punished by fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each such offense. XT . Section 21. Nothing contained in this Act shall be construed Not to affect Act . ,. , . \ ., _ T . . 31 of 1920. as in any wise impairing or depriving the State of Louisiana of any rights and claims whatsoever it may have for the license tax duo or to become due under Act 31 of 1920 and other laws, and a.s herein provided ; said rights and claims being hereby special 'y reserved, whether they be in litigation or not, and all proceedings pending or which may be brought shall be prose- cuted as though this Act had not been enacted; provided that said license tax is hereby imposed and shall be collectible in ac- cordance with the provisions of said Act 31 of 1920 up to and until the time herein prescribed for the reports and payment of the severance tax levied and as levied by this Act; it being the true intent and purpose of this Act that said license tax shall be imposed and collected until the time aforesaid; and provided further that all funds thus collected shall be paid into the Sev- erance License Tax Fund as heretofore. c ~, n s tit u tionai Section 22. If any clause, sentence, paragraph, or part of this provisions. Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or any part thereof, direct'y involved in the controversy in which such judg- ment has been rendered. Section 23. This Act shall become effective in accordance with all its terms and conditions from and after the 31st day of December 1922. Approved by the Governor: July 14, 1922, 8 :40 a. m. 502401 UNIVERSITY OF CALIFORNIA LIBRARY