LIBRARY OK TH1C UNIVERSITY F CALIFORNIA. Deceived Accessions No.\5~& * - Oiiss No. ' * P, >/. Compliments of C~Qlr. Superintendent of Public Instruction. School Law Decisions IN APPEAL CASES, BY THE SECRETARY OF THE BOARD OF EDUCATION AND THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 188O. COMPILED FOR THE USE OF SCHOOL OFFICERS BY C. W. YON COELLN, SUPERINTENDENT OF PUBLIC INSTRUCTION. DES MOINES: F. M. MILLS, STATE PRINTER. 1880. VBRSITT X PBEFACE. THE former publications of School Law Decisions in 1868, 1872, and 1876, have been great helps in determining cases on appeal. Being authorized by the legislature to publish another edition of these decisions, I have omitted many of the older ones, which refer to the old laws, and are of little benefit now. Some have been omitted because they seemed to imply that the judgment of the county superintendent was to be paramount to that of boards. I take the liberty to make a few general suggestions to county super- intendents in this preface, to prevent their falling into errors which frequently cause reversals in this department. Section 1836 says: "'Nothing in this chapter shall be so construed as to authorize either ;t the county or state superintendent to render a judgment for money, u neither shall they be allowed any other compensation than is now " allowed by law. All necessary postage must first be paid by the party " aggrieved.' 1 We understand this to mean that no appeal will lie where the valid- ity of a con tract is involved. When a teacher is dismissed, an appeal will lie to determine whether the board of directors had sufficient reason to sustain the charges for which they are dismissed; but the fulfillment of the contract must be enforced by the courts. Since section 1835 of the Code of 1873 makes the decision of this department final, and since sections 3345-3352 provide for a writ in the nature of quo warranto to determine the right and title to office, or the right of a corporation to exist, county superintendents should refuse to entertain any appeal which is prosecuted to determine either of these points. In such cases, the appeal, if brought, should be dismissed and no further hearing granted, as soon as it becomes known what the object of the appeal is. g PREFACE. When the discretion of the board is the question at issue, the county superintendent should, ordinarily, affirm the action of the board. We held in a late decision which we do not print in full: " We consider the action of the board of directors as having the same " force with the finding of a jury, and the decisions of the supreme " court are numerous to the effect that the verdict of a jury cannot be " set aside unless such verdict is contradictory to the evidence, but not " upon a doubtful interpretation of the evidence. See White v. Clark, "39 Iowa, 338; Harger v. Spqfford, 46 Iowa, 11. " The school law decisions are full of references to this same subject, " showing that a county superintendent ought to affirm the action of a " board, although he may not agree with the judgment of the board, "unless there is proof of prejudice or malice, violation of law or "manifest injustice. See Edwards v. District Township of West il Point, p. 39, School Law Decisions of 1880. The expression, 'manifest " injustice,' should not be construed to mean that the county superin- u tendent may determine in his own mind that a different action would " be more beneficial to the interests of the district than the action of " the board, since the phrase means an absolute neglect of the rights " and privileges of an individual or individuals." Defects of proceedings may be corrected by amendment, provided such amendment or correction does not injuriously affect the opposite party. No new issue should be allowed to be introduced under the guise of an amendment or correction. No appeal should be entertained except upon affidavit filed within the thirty days prescribed by law. Testimony in all cases should be full, and no point should be assumed to be known by the county superintendent, without testimony at the time of hearing, or a statement made in his decision of personal knowledge of the facts. The attorney-general, in 1867, held that a refusal to grant a certifi- cate and the revocation of a certificate, are proper subjects for appeal. The supreme court, in a late decision, held that courts could not re- view the discretionary acts of the county superintendent in these matters. Hence, it is very important that the abuse of discretion, which, to say the least, is possible, should be subject to correction by the right of appeal to this department. In such cases, the party interested should ask for a rehearing before the county superintendent, when all matters pertinent to the determi- PREFACE. 9 nation of the question should be put in writing, to be forwarded with the decision to this department for final action on appeal. The same weight which is to be given by county superintendents to the discretionary acts of boards of directors will, in such cases, be given to the discretionary acts of the county superintendents. We have left some decisions which refer to old laws, on account of some point or points which are not touched in later decisions, and, in order not to omit the connections, we have left decisions entire. A careful examination will readily show what parts are at present appli- cable. We hope that this publication will be of benefit to county superintendents and school officers. One copy will be furnished to each district, to be placed in the hands of the secretary as the custodian of the records, and must be trans- mitted by him to his successor in office. I appreciate the aid of my deputy, Mr. Ira C. Kling, and my clerk, Mr. J. B. McGorrisk, in the preparation of this compilation. C. W. VON COELLN, Superintendent of Public Instruction. DBS MOINES, May 1, 1880. TABLE OF OASES. A. Albion, District Township of, Smith v 26 Amity, Independent District of, Darnell v 109 Arthur v. Independent District of Fairway 90 B. Beard v. District Township of Washington 66 Belmont, District Township of, Moorman v 53 Brookfield, District Township of, Davenport v '. 112 Boomer, District Township of, Eemington v 55 Brewer v. District Township of Washington 73 Brighton, District Township of, Woods v 87 Brown v. District Township of Van Meter 80 Brown, District Township of, Gordon v 45 Brown v. District Township of Richland 25 Bunn v. District Township of Douglas 64 Burlington, Independent District of, David v 74 Buzard v. Independent District of Liberty 95 C. Caldwell v. Peebles 63 Gary, McNeal v 92 Carmichael v. District Township of Monroe , 114 Cedar, District Township of, Dayton v 57 Cedar, District Township of, Miner v 51 Center, District Township of, Deremo v 19 Charles City, Independent District of, Harwood v 68 Chester, District Township of, Hays v 83 Clark v. District Township of Monroe 94 Coffin's Grove, District Township of, Smith v 37 Coffin's Grove, District Township of, Hilton and Mosier v 118 Colburn v. District Township of Silver Lake 119 12 CONTENTS. PAGE Cormack v. District Township of Lincoln 113 Crookshank v. District Township of Maine 86 Curry v. District Township of Franklin 43 D. Davenport v. District Township of Brookfield 112 Darnell v. Independent District of Amity 109 David v. Independent District of Burlington 74 Davis v. District Township of Madison 60 Dayton v. District Township of Cedar 57 Delaware, District Township of, Independent District of Manchester v . 17 Deremo v. District Township of Center 19 Dilley and Board of Directors of Coif ax and Adel, Garoutte v 93 Dilley and Board of Directors of Coif ax, Jewett v 93 Dobbins and Briggs v. District Township of Salem 30 Douglas, District Township of, Bunn v 64 Dougherty v. Tracy 34 Donald v. District Township of South Fork 110 Downs and Coffee v. Independent District of West Branch 102 Drew v. District Township of Highland 88 Dunlavy v. Klinginsmith 107 E. Edwards v. District Township of West Point 39 Eldon, Independent District of, Taylor v 65 Exira, District Township of, Watson v 67 F. Fairfield, District Township of, Kauffman v 17 Fairway, Independent District of, Arthur v 90 Flynn v. District Township of W^hitebreast 32 Franklin, District Township of, Curry v 43 Franklin, District Township of, Newell v 106 Fremont, District Township of, Huskins v. 56 G. Galland's Grove, District Township of, Mclntosh v 29 Gard, Heaton v 115 Garroutte v. Dilley and Board of Directors of Colfax and Adel 93 Gordon v. District Township of Brown 45 Gosting v. District Township of Lincoln 78 Gullet v. District Township of Hilton 62 CONTENTS. 13 H. PAGE Hall v. District Township of Massillon 54 Harlan Township, District No. 1, District No. 2 v 116 Harlan Township, District No. 2 v. District No. 1 . 116 Hardy v. District Township of Wyacondah 89 Harvey v. District Township of Stapleton , 59 Harwood v. Independent District of Charles City 68 Hays v. District Township of Chester 83 Hays v. District Township of Jefferson 96 Heaton v. Gard 115 Highland, District Township of, Drew v 88 Hilton and Hosier v. District Township of Coffin's Grove 118 Hilton, District Township of, Gullet v 62 Hubbard v. District Township of Lime Creek 77 Huskins v. District Township of Fremont 56 J. Jackson, District Township of, Purdham v 71 Jacoby v. Independent District of Nodaway Ill Jamison v. District Township of Pittsford 75 Jasper, District Township of, Thompson v 85 Jefferson, District Township of, Hays v 96 Jenkins v. Independent District of Methodist Grove 101 Jewett v. Dilley and Board of Directors of Coif ax 93 Johnson v. District Township of Monroe 31 K. Kauffman v. District Township of Fairfield 17 Kennon, Orme, and Bullock v. Independent District of Nodaway No. 4. . 100 Klinginsmith, Dunlavy v 107 L. Lester, District Township of, Sipple v 47 Liberty, District Township of, Rook v 72 Liberty, Independent District of, Buzard v 95 Lime Creek, District Township of, Hubbard v 77 Lincoln, District Township of, Costing v 78 Lincoln, District Township of, Randall v 82 Lincoln, District Township of, Cormack v 113 Lodomillo, District Township of, Rankin v 117 M. Madison, District Township of, Davis v 60 Maine, District Township of, Crookshahk v 86 Manchester, Independent District of, v. District Township of Delaware. 17 14 CONTENTS. Maquoketa, District Township of, Smitli v 41 Mason v. District Township of Otter Creek 18 Massillon, District Township of, Hall v 54 Mclntosh v. District Township of Galland's Grove 29 McNTeal v. Gary 92 Methodist Grove, Independent District of, Jenkins v 101 Miner v. District Township of Cedar 51 Moorman v. District Township of Belmont 53, Monroe, District Township of, Johnson v 31 Monroe, District Township of, Clark v 94 Monroe, District Township of, Wilson v 98 Monroe, District Township of, Carmichael v 114 Mosalem, District Township of, District Township of Washington v 23 N. Newell v. District Township of Franklin 106 Nodaway, Independent District No. 4, Kennon, Orme and Bullock v 100 Nodaway, Independent District of, Jacoby v ill 0. Otter Creek, District Township of, Mason v 18 P. Peebles, Caldwell v 63- Pittsford, District Township of, Jamison v 75 Pleasant, District Township of, Shore v 81 Purdham v. District Township of Jackson 71 R. Randall v. District Township of Lincoln 82 Rankin v. District Township of Lodomillo 117 Reed v. District Township of Union 76 Remington v. District Township of Boomer 55 Richland, District Township of, Brown v 25 Rickey v. District Township of Wayne 97 Rock, District Township of, Spinharney v 108 Rook v. District Township of Liberty 72 s. Salem, District Township of, Dobbins and Briggs v 30 Sharp v. District Township of Walnut 21 Shore v. District Township of Pleasant 81 Silver Lake, District Township of, Colburn v 119 CONTENTS. 15 -Sipple v. District Township of Lester 47 Smith v. District Township of Albion 26 Smith v. District Township of Coffin's Grove 37 Smith v. District Township of Maquoketa 41 South Fork, District Township of, Donald v 110 Spinharney v. District Township of Kock 108 Stapleton, District Township of, Harvey v 59 -Stine v. District Township of Wahkonsa 28 T. Taylor v. Independent District of Eldon .- 65 Thompson v. District Township of Jasper 85 Tracy, Dougherty v 34 u. Union, District Township of, Reed v 76 V. Tan Meter, District Township of, Brown v 80 W. Wahkonsa, District Township of, Stine v 28 Walnut, District Township of, Sharp v 21 Washington, District Township of, v. District Township of Mosalem. . . 23 Washington, District Township of, Beard v 66 Washington, District Township of, Brewer v 73 Watson v. District Township of Exira 67 Wayne, District Township of, Rickey v W West Branch, Independent District of, Downs and Coffee v 102 West Point, District Township of, Edwards v 39 Whitebreast, District Township of, Flynn v 32 Wilson v. District Township of Monroe 98 Woods v. District Township of Brighton '. 87 Wvacondah, District Township of, Hardy v 89 TJIIVBRSITY SCHOOL LAW DECISIONS. JACOB KAOTMAX v. THE DISTRICT TOWXSHTP OP F AIRFIELD. Appeal from Fayette County. SUBDISTKICT. A snbdistrict is not entitled to draw money from the dis- trict treasury in lieu of the full term of school required by law. It appears from the record of proceedings and testimony sent up. that the district hoard authorized said suWistrict to hare and main- tain a four months' term of school in the year 1859, but that the actually held under this authority continued but three application was made by said subdistnct in the to have the term for the year last named which authorized to hold, extended one month, or the sum of in lieu thereof this sum having heen allowed the same township, which had failed to hold its full term by month. Upon this application the district board either nerer at or acted adversely to the application. The minutes of the board silent upon the question. There is some evidence, however. to show that there was a vote taken which resulted in denying the application. Upon these facts the county superintendent decided that said appli- cation was properly denied, and in this opinion I unhesitatmgly corn- cur. AFFIRMED. rL A. WILTSE. Acting Secretary of ike Board if November . 1868. DISTRICT OF MANCHESTER V. DISTRICT ToW3T5HTF OF DELAWARE. Appeal from Delatcare County. fter a district township, and the owing by the district prior a new board of one o" The district of Manchester was for some time included in and wm a subdistrict of the said district township of Delaware, While so in- 3 18 SCHOOL LAW DECISIONS. J. H. Mason v. District Township of Otter Creek. eluded, schools were taught, taxes levied and collected, debts incurred, and funds acquired. When Manchester separated from Delaware district, there were both assets and liabilities to be divided and paid. The plan adopted in reference to said assets and debts was, that each organization should pay and receive thereof an amount proportioned to the taxable property within each. This plan was carried into effect and the debts paid and the assets divided accordingly. Some time after this agreement had been made and carried into full effect without objection or complaint by either party, the district of Manchester claimed before the county superintendent of Delaware county that the assets, which consisted of money, should have been divided in propor- tion to the number of children between the ages of five and twenty- one years. This claim was entertained by the county superintendent, a trial was had arid the claim sustained. We cannot see how the county superintendent acquired jurisdiction of this case. " Any person aggrieved, etc.," says the law, u may ap- peal." But in this case there was no person aggrieved. Two parties equally competent to contract, make and fully execute a contract. But it is one of the contracting parties that so becomes dissatisfied, and there is no tribunal that can listen to the complaint or grant re- lief. The law was made for parties who had no voice in the decision; not certainly for parties who come complaining of their own decisions. We therefore feel compelled to, and do reverse the decision of the county superintendent. REVERSED. H. A. WILTSE, Acting Secretary of the Board of Education. November 5, 1862. J. H. MASON v. DISTRICT TOWNSHIP OF OTTER CREEK. Appeal from Linn County. 1. APPEAL. An appeal may be taken at any time within thirty days from the rendition of the order complained of. 2. MOTION. When a motion to dismiss is overruled the superintendent should proceed to try the case upon its merits. In the spring of 1861 action was taken by the board of directors of said district township, which resulted in the selection of a site for a school-house in subdistrict number five of said district township. In the spring of 1862 the said board were petitioned for a reloca- tion of said site, which petition was denied, and from this denial one of the petitioners, Mr. A. Hagerman, appealed to the county superin- tendent. SCHOOL LAW DECISIONS. O. Deremo v. District Township of Center. At the hearing of the case 'by the county superintendent, the appel- lant in the case before me moved to dismiss the case because the appeal had not been taken within the limit of time fixed by the stat- ute. How Mr. Mason became a party to the case between said Hagerman and said district nowhere appears. His motion to dismiss. however, was based upon the idea that the action of said board in denying the relocation prayed for could not be appealed from, and that the appeal was in fact from the decision of the board ordering the location in the first instance. Upon this motion the county superintendent held: 1. That an appeal to be valid must be -taken within thirty days; and 2. That the appeal before him, being from the action of the board denying the prayer for a relocation, had been taken in due time. from this decision Mr. Mason, a stranger to the case, so far as the record shows, appeals to me. The motion to dismiss was properly overruled, and the action of the county superintendent in that behalf must be, and is hereby affirmed. The appeal was manifestly from the last action of the board, that had in 1862, and was taken in due time. Why the proceedings before the county superintendent should have ceased upon the overruling of the motion, is as much a mystery, from all the record discloses, as how Mr. Mason came to be a party to the case. After overruling the motion the superintendent should have gone on and heard the testimony, and decided whether or not the ac- tion of the board denying the relocation was correct. If correct he should have affirmed it, and if otherwise he should have reversed it; and this, after giving the parties due notice, he should still do. AFFIRMED. H. A. WILTSE, Acting Secretary of the Board of Education. November 5, 1862. 0. DEREMO v. DISTRICT TOWNSHIP OF CENTER. Appeal from Allamakee County. 1 LIABILITY OF DISTRICT BOARD. Where a board of directors refuse to draw an order on the treasurer for the amount of a judgment obtained against the district, and therefore a judgment is obtained against the indi- viduals composing the board, the claim against the district has expired, and the board then has no power to draw such order. 2. A board of directors has no power to levy a tax for the benefit of the school-house fund, unless authorized to do so by a vote of the e The district was indebted to John Stillman for building a school- house in subdistrict number four, of said township, tailing m pay- 20 SCHOOL LAW DECISIONS. O. Deremo v. District Township of Center. ment, Stillman brought suit in the district court of said county, and obtained judgment for the amount of his claim. At a subsequent reg- ular meeting of the electors of said district the subject of this judgment was called up, and the electors refused to make any provision for the payment thereof. Thereupon Stillman brought suit against the officers of said district by virtue of section 3276, Revision of 1860, and recov- ered a judgment against them in their individual capacity. No date is fiven in the record to any of the occurrences above named. On the th of June, 1862, an order on the school-house fund was drawn by said board in favor of Stillman, and delivered to, and received by him for the amount of the last named judgment and costs. From the ac- tion of the board an appeal was taken to the county superintendent of said county. On the 30th of June, 1862, the said board levied a tax on the taxable property of the district for the purpose of providing the means for the payment of said order; and from this action of the board an appeal was likewise taken to the superintendent. The trial before the superintendent resulted in his sustaining the action of the board on the 6th of June, and reversing that had on the 30th of June. From the first named branch of his decision the said Deremo appealed, and from the last branch said board has appealed to me. The re- fusal of the board to issue an order had rendered the individuals com- posing the board amenable to a judgment at the suit of Stillman. The fact that the board refused a demand made upon it to draw an order for the amount of the first judgment, and that it was, at the time it so refused, in its power to have done so, must have been proved in court as the basis of the second judgment. The electors, it is true, refused to authorize the board to levy a tax for the purpose of paying the first judgment. But this action of the electors did not stand in the way of the board drawing the order and thus complying with the positive re- quirements of section 3275, Revision of I860.* By this refusal the judgment creditor is put to the trouble and expense of a fresh suit, and the demand is largely increased. The judgment against the district expired with the rendition of the judgment against the individual members of the board. Stillman had no longer a claim against the district. The board has not and should never have power to draw an order upon its treasurer for any other purpose than the one of paying an indebtedness of the district. I can see 110 difference in principle between this case and one where the board should issue an order to pay the private debt of any one or all the members of the board. The judgment was neither against the board nor the district, but against certain individuals. These individuals should pay the judgment, and then seek relief, so far as they are en- titled to any, from the district, or at the hands of the electors when assembled pursuant to law. They should not be permitted to sit as judges in their own case. For these reasons the decision of the county superintendent sustaining the action of the board in issuing said order is reversed. That part of the decision which reversed the action of the board in *3049, Code 1873. SCHOOL LAW DECISIONS. 21 Solomon Sharp v. District Township of Walnut. levying a tax to pay said order was undoubtedly right. The board had no authority of law upon which to base its action. First, Mr. Stillman's order was not issued to pay any debt against the district; and second, if it had been, it was, or should have been, an order on the school-house fund, and for the benefit of this fund; the board is only at liberty by law to make a levy when the electors have by vote au- thorized it to do so. This part of the county superintendent's decision is, therefore, affirmed. AFFIRMED. H. A. WILTSE, Acting Secretary of -the Board of Education. November 5, 1862. SOLOMON SHARP v. DISTRICT TOWNSHIP OF WALNUT. Appeal from Wayne County. SUBDISTRICT BOUNDARIES. A subdistrict which, prior to the passage of the act of March 12, 1858, was composed of parts of two or more civil town- ships, cannot be dissolved by the action of one of the boards of directors interested. At the time the act of March 12, 1858, took effect, there existed in said county a school district organized in pursuance of the law before that time in force, composed of territory lying partly in Jackson town- ship and partly in Walnut township. This district contained a school- house in actual use, situated in that part of the district lying in Walnut township. After the passage of said act this district became subdistrict number two of Walnut township. In September, 1862, the district board of Walnut divided their town- ship into subdistricts, and in this division disregarded the district first above named, attaching so much thereof as lay in Walnut township, part to one and part to another subdistrict. From this action an appeal was taken to the county superintendent, who reversed the same, and his decision is the matter complained of in the appeal to me. The law provides two contingencies, upon the happening of either of which a district of this character shall cease; and it further provides two modes for abrogating the district by petition and by concurrent action of the two boards. Neither of these contingencies has hap- pened, and no petition was presented. Hence the only question is whether the board of Jackson township concurred. To establish the fact of this concurrence the appellant relies upon a certificate by the secretary of the board last named, of which the fol- lowing is a copy: 22 SCHOOL LAW DECISIONS. Solomon Sharp v. District Township of Walnut. u This is to certify that at a meeting of the directors of school dis- trict township of Jackson, in Wayne county, Iowa, held at the house of James Campbell on September 15, 1862, the directors ordered the township of Jackson to be divided into three subdistricts. JAMES CAMPBELL, Secretary of the Board" The certificate was objected to and rejected at the trial below, be- cause it was a statement by Mr. Campbell as to what the board had done; because, to be evidence, it should have been a copy from the records of the board, certified to as such by the secretary. This objec- tion was well taken and the ruling upon it was correct. Were the certificate legal evidence it does not show concurrence; it simply asserts that the directors of Jackson township ordered the township divided into three subdistricts. This might have been both ordered and executed without interfering with or in any way disturb- ing the district first above named. If it was in fact the intention of the board of Jackson township to concur in abrogating the district first above named, and to absorb as much of the territory thereof as lay in Jackson township, such intention is not shown. This certificate is all the testimony contained by the record as even tending to show concurrence on the part of the district board of Jack- son township, and there is no evidence that the people residing in Jackson township and within the limits of the district first above named desire any change whatever. We pass over the paper purporting to show concurrence by the dis- trict board of Monroe township, because it has nothing to do with, and has no bearing whatever upon the case. It was claimed before the county superintendent that the district first above named was a permanent district, not subject to be changed, except done in accordance with the act approved January 24, 1863, chapter 101, page 157, of the acts of our fourth general assembly. This is a mistake. It is subject to be changed in accordance with the laws now in force. Section 78, of the laws of the ninth general assembly, page 219, governs this case. The old district existed prior to the taking effect of the act of the 12th of March, 1858, and possessed a school-house which had not been destroyed, removed or abandoned. Under these facts the old district, with the boundaries as they existed at the time the act of March 12, 1858, took effect, must remain a sub- district of Walnut township (in which the school-house is situated), until changed in pursuance of law. AFFIRMED. H. A. WILTSE, Acting Secretary of the Board of Education. December 20, 1862. SCHOOL LAW DECISIONS. 23 District Township of Washington v. District Township of Mosalem. DISTRICT TOWNSHIP OF WASHINGTON v. DISTRICT TOWNSHIP OF MOSALEM. Appeal from Dubuque County. PROCEEDINGS: Regularity of , presumed. When the district township records show, that for a number of consecutive years, the children of certain congressional divisions of land, have been enumerated, and have attended school in a certain district township, and no objections have been raised it will be presumed that the territory is regularly attached to, and forms a part of said district township. The appellant, in his capacity of president of Washington township in Dubuque county, Iowa, claims in this case that Washington town- ship is entitled to certain school moneys which have been or are about to be paid over to Mosalem township in said county. He alleges that subdistrict number seven of Washington township embraces parts of Mosalem, Washington, and Table Mound townships, in said county, and that the school-house for this district is in Washington township; that this district was organized as far back as 1849, and has ever since been an organized and existing district, and that it is now a subdistrict in Washington township by virtue of section 78 of the present school law. The existence of this district, or rather of any part of the district within Mosalem township at the time the act of March 12, 1858, took effect (the criterion by which appellant's claim is to be judged), is denied by appellee, and is the only issue in the case. The claim for the moneys in question was rejected by the district township of Mosalem, and this action was sustained by the county superintendent of Dubuque county, on the ground that the evidence produced upon the trial before him did not show the time and manner of the organization of said district -number seven. He concluded that unless the original organization was shown to have been legal, the plaintiff's case must fail. The facts not having, in his judgment, been established by competent testimony, he found for the defendant. That the superintendent was mistaken in the view he took of the law was most obvious. Under the issue made, the only question for him to have investigated, was whether at the time the act of March 12, 1858, took effect, the district in question existed and had a school- house which had not been destroyed, removed or abandoned. Nor was record evidence (as assumed by the superintendent) the only testimony receivable to establish this fact. The superintendent made up his transcript prior to the distribution of our pamphlet upon appeal. This accounts for and perhaps excuses him for sending up, in place of the testimony, simply a commentary upon the oral testimony produced before him. Enough is sent up, however, to show that this district, embracing the half section of 24 SCHOOL LAW DECISIONS. District Township of Washington v. District Township of Mosalem. Mosalem township, claimed to be a part thereof, existed long prior to and at the time of the taking effect of the act of March 12, 1858, and that it had a school-house in actual use. The record of said district number seven dating back to 1849 shows that gentlemen who were admitted in the argument before me to have been at the time residents upon said half section, were in the years 1849, 1851, 1853, 1855 and 1857 members of the board of direc- tors of said district number seven. This- record further shows that for the years 1860 and 1861 the chil- dren of residents upon this half section were enumerated as being in- cluded within said district. This record further shows that there has been a school taught in said district, at which the children of residents upon said half section have been taught, ever since the year 1849. It appears by the record of the county superintendent of Dubuque county, Iowa (which with the record above referred to were in evi- dence before the county superintendent and came up with the case), that, in the year 1860, when the boundaries of this and many other subdistricts were by superintendent Mason for the first time recorded, this half section formed, and had before that time formed, a part of the district in question. The county superintendent, in his transcript in this case, names four witnesses, the effect of whose testimony, as found and reported by him, was that said district number seven was composed in part of said half section in Mosalem township more than ten years ago, and had always, up to 1860, received the money arising from school taxes levied upon this half section. And this testimony stands uncontradicted. From all this testimony, and which is unopposed by anything brought forward by defendant, we can but conclude, and do most unhesitatingly pronounce the south half of section thirty-one, in town- ship eighty-eight, of range three, east of the fifth principal meridian, in the township of Mosalem, in the county of Dubuque and state of Iowa, formed a part of subdistrict numbered seven, in Washington township, in said county, at the time the act of March 12, 1858, took effect; and that it is still a part of said district. 1 am, therefore, com- pelled to reverse, and do hereby reverse the finding and decision in this case of the county superintendent of Dubuque county. REVERSED. H. A. WILTSE, Acting Secretary of Board of Education. SCHOOL LAW DECISIONS. 25 Jane Brown v. District Township of Richland. JANE BROWN v. DISTRICT TOWNSHIP OF RICHLAND. Appeal from Tama County. 1. SUBDISTRICT BOUNDARIES ; Change of. In changing subdistrict boun- daries, both the present and the future welfare of the district should be con- sidered. 2. SUBDISTRICT. It is better to have large subdistricts with good school- houses well furnished, than small subdistricts' with small and poorly fur- nished school-houses. The board of said district township, at their regular meeting in September, 1864, changed the boundaries of certain subdistricts, whereby subdistrict number seven and a portion of subdistrict number one, were attached to subdistrict number five. From this order of the board an appeal was taken to the county superintendent who, after a full and fair investigation of the case, sus- tained the action of the board. From his decision an appeal is brought to the superintendent of public instruction. It is not claimed that either the board of directors or the county superintendent committed errors in law or exceeded their jurisdiction. Everything seems to have been done fairly and openly, and a final decision of the case is asked for solely on the ground of equity and jus- tice. Appellants claim that subdistrict number seven has a good school of thirty-four scholars, and that by the proposed change, three-fourths of these pupils will be cut off from school privileges in consequence of their distance from the proposed site of the new school-house. But it is shown by testimony that by building a bridge across a cer- tain stream the distance will be diminished, so that all parties will be accommodated. But there is no assurance in the record before us that the bridge will be built this year or next. Meanwhile a large number of children may be deprived of school. As a general rule it is better to have large subdistricts with good school-houses well furnished, than to have small subdistricts with small and poorly furnished school- houses. We believe the board had in view the welfare of the whole district, as did also the county superintendent in confirming their action, but we can see no injustice in this case in allowing the subdistricts to remain another year without change, or until the proposed bridge is built. The reason for consolidating the subdistricts now will prob- ably exist then, and the occasion for complaint will then be removed. In this view of the case we feel compelled to reverse the decision of the county superintendent. Superintendent of Public Instruction. March 1, 1865. 4 26 SCHOOL LAW DECISIONS. Sarah E. Smith v. District Township of Albion. SARAH E. SMITH v. DISTRICT TOWNSHIP OF ALBION. Appeal from Howard County. TEACHERS: Right of, to inflict punishment upon their pupils. A school- master who stands in loco parentis may, in proper cases, inflict moderate and reasonable chastisement. The law confides to teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions. The record in this case shows that the plaintiff, Sarah E. Smith, entered into a contract with the subdirector of subdistrict number two in said district township, to teach a school for four months, commen- cing on the 19th of December, 1864. That she commenced her school accordingly, and taught until the 30th of January, 1865. That on the 29th of January she was notified to meet the board of directors to answer to the charge of undue severity in chastising one of her pupils; that she attended the meeting of the board and made her de- fense, but the board decided to expel her from her school, paying her for the time she had taught. From this action of the board she ap- pealed to the county superintendent, who reversed the order of the board, and from the decision of the county superintendent an appeal is brought to the superintendent of public instruction. It is claimed on the part of the board that the county superintend- ent had no jurisdiction, and that he erred in entertaining the appeal and reversing the order of the board; but having gone to trial before the county superintendent, and having submitted the case, after making their defense, they cannot now plead want of jurisdiction. The testimony shows that the pupil, a boy of some twelve years of age, did not like the seat assigned him by the teacher, and asked per- mission to go out, which was given; that he started toward home; that the teacher called to him to come back, threatening to punish him if he disobeyed; that he went home and remained out of school about a week; that at the close of the school on the day he returned the teacher reminded him of the punishment threatened, and proceeded to administer it, striking him over the shoulders and back with a whip furnished by one of the pupils; that the boy resisted, striking back, snatching away the whip, and using bad language; that the teacher obtained another whip a willow switch arid administered several strokes with it, some of which were across his head and face, in conse- quence of which one of the boy's eyes was apparently injured. An older brother of the boy then interfered, and the " affray ended." It does not appear that the teacher punished hastily or in anger, or that it would have been too severe, or improperly administered, had the boy not resisted. It is doubtful whether the resistance justified the teacher in striking the boy across the head and thereby causing an SCHOOL LAW DECISIONS. 27 Sarah E. Smith v. District Township of Albion. injury fortunately temporary to one of his eyes. The county super- intendent regarded this as accidental, and as no permanent injury was sustained, justified the teacher. Much has been written during the last twenty-five years in regard to the proper means to be used for maintaining the authority of the teacher over the pupils. We can remember when the whip was ap- Elied very frequently and very severely when the pupil obeyed from 3ar of punishment, and not from any sense of duty or of respect for authority. Since that time there has been a great change; appeals to reason, to a sense of duty and to right have been successfully used by the most competent teachers. In many schools the rod is excluded, and yet ready and cheerful obedience is secured from the pupils. We wish such a result could be reached in all the schools; that the teacher could inspire the pupils with such a love for order for good govern- ment and for rightful authority; with such a love for right-doing and such a hate for wrong-doing, that it would only be necessary to point out the path of duty instead of the command to walk in it. While family government and the public sentiment of some communities may render such a course possible, the want of family government and the loose reins given to " Young America," in many communities re- quire strong and physical force to hold in subjection unsubdued nature. All admit that the teacher must maintain authority, and for that purpose he is sustained by the highest authorities in inflicting mode- rate punishment. In Kent's Commentaries, 9th edition, volume 2, page 222, is the fol- lowing: " A school-master who stands in loco parentis, may in proper cases inflict moderate and reasonable chastisement.'" In Wharton's American Criminal Law, 5th edition, volume 1, page 669, is the following: u The law confides to school-masters and teachers a discretionary power in the infliction of punishment upon their pupils, and will not held them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions." State v. Pendergrass, 2 Dev. & Bat., 407. " On the trial of an indictment of a school-master for an assault on a pupil the judge refused to instruct the jury that the defendant was criminally liable for punishing a pupil only when he acted malo ammo, from vindictive feeling, passion, or ill-will, or inflicted more punishment than was necessary to secure obedience, and not for error of opinion or judgment, provided he was governed by an honest pur- pose to promote discipline and the highest welfare of the school, and the best interests of the child; and instructed them that in inflicting corporal punishment a teacher must exercise reasonable judgment and discretion, and be governed as to the mode and severity of the punish- ment by the nature of the offense, the age, size, and apparent powers of endurance of the pupil." Commonwealth v. Randall 4 Gray (Mass.), 36. 28 SCHOOL LAW DECISIONS. D. E. Stine v. District Township of Wahkonsa. " If there is any reasonable doubt that the punishment was excessive the master should have the benefit of it." Lander v. Seaver, 32 Vt. (3 Shaw), 114. We add the following as having some bearing on this case: " Though a school-master has in general no right to punish a pupil for misconduct committed after the dismissal of a school for the day, and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct and immediate tendency to injure the school and to subvert the master's authority." Lander v. Seaver, supra. Many other authorities might be cited establishing the authority of the teacher to inflict punishment necessary for securing obedience to reasonable rules. As it is not shown in this case that the rules were unreasonable or the punishment severe (the teacher must have the benefit of the doubt in regard to the manner of punishing), the decis- ion of the county superintendent is AFFIRMED. ORAN FAV1LLE, Superintendent of Public Instruction. April 22, 1865. D. E. STINE v. DISTRICT TOWNSHIP OF WAHKONSA. Appeal from Webster County. RECORDS : Defective. May be amended. The board of supervisors of said county at their regular meeting in January, 1865, set off certain territory from the township of Wash- ington to the township of Wahkonsa. On the 28th day of the same month the board of directors of the district township of Wahkonsa made an order conforming the boundary of said district township to that of the civil township, and attaching the annexed territory to sub- district number one, of the said district township. From this order an appeal was taken to the county superintendent, who reversed the action of the board, and from his decision the board appeals. The only point in issue in this case is whether the board complied with the law in changing the boundaries of the district. The record of the board is defective in not more particularly de- cribing the territory in question and in not having a plat showing the change of boundaries. The record, however, shows that provision was made for furnishing such a plat, and that the board had attempted in good faith to regulate the boundaries of the district in accordance with a petition of the people to the board of supervisors. SCHOOL LAW DECISIONS. 29 John A. Mclntosh v. District Township of Galland's Grove. The law does not limit the time within which the plat shall be made and recorded, and as alterations in district boundaries do not take effect until the first Monday in March, the board should have until that time to complete their records. The county superintendent decides that the board acted in good faith and for the best interests of the public; and we think he should have allowed the board to correct and perfect the district records. REVERSED. ORAN FAVILLE, Superintendent of Public Instruction. June 12, 1865. A. MclNTosH v. DISTRICT TOWNSHIP OF GALLAND'S GROVE. Appeal from Shelby County. SCHOOL-HOUSE: Power of the board to build. If in their judgment the wants of a subdistrict require, the board are empowered to erect a school- house without action on the part of the electors of the subdistrict. The plaintiff appeals from the action of the board of directors, in approving a contract for building a school-house in the subdistrict of which the plaintiff is a resident, for the following reasons : 1. " The house was ordered to be built against the wishes of a ma- jority of the electors of said subdistrict. 1 ' 2. U A house was already leased for school purposes, and there was no need of a new house." The county superintendent investigated the case and set aside the action of the board in the premises, and from this decision the board appeals. The record shows that a lease was executed in February, 1863, for the use of a house for school purposes in said subdistrict for five years. This contract was signed by the lessor and the subdirector; but there is no evidence that it was approved by the board or signed by its presi- dent. No objection, however, seems to have been made to the lease on this account. Strict construction of the law, however, would not con- sider this a valid lease. At the annual meeting of the electors in said subdistrict in 1864, a resolution was adopted requesting the district township meeting to levy a tax of five mills on the township for the purpose of building a school-house in said subdistrict. It seems that no action was taken by the board that year; but at its regular meeting in April, 1865, the board authorized the building of a school-house in said subdistrict, although no action was taken by the electors at their annual meeting in March previous. 30 SCHOOL LAW DECISIONS. Dobbins and Briggs v. District Township of Salem. The superintendent reversed the action of the board for the follow- ing reasons: 1. The board has no right to build a school-house unless asked to do so by the electors of the subdistrict. 2. The subdistrict in question had a house leased for school pur- poses for a term of years. 3. The district has no right to force a house upon a subdistrict. The first and second positions of the superintendent are not well taken ; for the evidence shows that the electors in 1864 did request a tax to build a house, as the request was not withdrawn in 1865, it was still before the board; second, admitting that the lease was valid, the circumstances of the subdistrict may have changed so as to require a new house, and this may be inferred from the fact that a tax was re- quested in 1864. His third proposition may, as a general rule, hold true. Yet there are cases where the electors of a district township would doubtless be justified in voting a tax to build a house in a subdistrict not requesting it. There may possibly be communities feeling so little interest in the education of their children that they are not willing to bear a share of the expenses necessary to maintain schools. In such cases there should be a power somewhere to see that schools are provided, and that power must rest with a majority of the electors of the district township and with the board of directors. In the above case we feel compelled to differ with the county super- intendent, and his decision is REVERSED. ORAN FAVILLE, Superintendent of Public Instruction. November 15, 1865. DOBBINS AND BRIGGS v. DISTRICT TOWNSHIP OF SALEM. Appeal from Henry County. 1. APPEAL. An appeal will not lie from an order of a board of directors initiating a change in the boundaries of the district township, where the concurrence of the board of an adjoining district township is necessary to effect the change. 2. JURISDICTION. The superintendent's jurisdiction on appeal is not greater than that of the board from whose action the appeal is taken. In January, 1866, the appellees and others presented a petition to said board, requesting a change in the boundaries of said district town- ship, so that certain residents therein might be set off to the independ- ent district of Salem. SCHOOL LAW DECISIONS. C. W. Johnson v. District Township of Monroe. The board decided not to grant the request of petitioners, from which decision an appeal was taken to the county superintendent, who, after a protracted and patient investigation, reversed the decision of the board, and ordered changes to be made in the boundaries of the district township, by which certain territory was transferred to the independent district, and from his decision an appeal is taken to the superintendent of public instruction. This is an interesting case from the fact that it presents a question not before determined, to-wit: whether the county superintendent has jurisdiction in a matter requiring the concurrent action of different school boards. If this question is answered in the affirmative, then the various points raised by counsel must be examined, and the case must be determined on its merits; but if answered in the negative 110 discussion of the various issues raised is necessary. It has heretofore been held, and is still held, that the county super- intendent has authority to affirm or reverse the action of school boards in changing the boundaries of subdistricts; but all cases of this kind hitherto determined have been confined to the action of boards affect- ing territory within their respective district townships. The present case relates to the transfer of territory from the district township, un- der the control of one board, to the independent district under the jurisdiction of another board. The cases are not analogous. In the former case the board has complete authority, and the action taken is final unless reviewed within a limited time; but in the latter case, one board initiates a movement which is completed or not at the option of another board. In other words, neither board has complete jurisdic- tion; and it necessarily follows that the county superintendent, having only appellate jurisdiction, cannot assume original jurisdiction and do what the board could not do from whose action the appeal was taken. Having arrived at this conclusion, in which we are sustained by the attorney-general, we feel obliged to disagree with the county superin- tendent, and his decision is therefore REVERSED. ORAN FAVILLE, Superintendent of Public Instruction. July 23, 1866. C. W. JOHNSON v. DISTRICT TOWNSHIP OF MONROE. Appeal from Madison County. SCHOOL-HOUSE TAX. Where it has been the uniform custom to apportion the school-house tax among the several subdistricts, the board are not gov- erned by a vote of the electors instructing them to levy the tax directly upon the property of a subdistrict. In April, 1866, the board of directors of said district township de- cided to levy a tax for building a school-house in subdistnct number 32 SCHOOL LAW DECISIONS. C. D. Flynn v. The District Township of Whitebreast. one, on the property of said subdistrict, instead of apportioning it among the several subdistricts. From this decision an appeal was taken to the county superintendent, who reversed the action of the board, and from his decision an appeal is brought to this office. The evidence shows conclusively that it has not been the custom for each subdistrict to build its own school-house, and the only reason the board can assign for its action is an expression of the electors of the district township that hereafter each subdistrict be required to build its own school-house. The law is plain and positive on this subject, and it is extremely doubtful whether the electors can instruct the board to pursue a course contrary to that laid down in the law. If such a vote of the electors is binding at all on the board, it should be a unanimous vote of all the electors of the district township; and even then the board would not be justified in acting contrary to justice and equity. The county superintendent in his decision says: u The board of directors, therefore, should have apportioned the amount necessary to build a school-house in subdistrict number one among the several sub- districts, taking as a basis of apportionment the amounts previously levied on said subdistricts, for school-house fund." I entirely agree with the county superintendent, and his decision is AFFIRMED. ORAN FAVILLE, Superintendent of Public Instruction. August 10, 1866. C. D. FLYNN v. THE DISTRICT TOWNSHIP OF WHITEBREAST. Appeal from Lucas County. SUBDISTRICT BOUNDARIES : Change of. The county superintendent may, on appeal, redistrict. A refusal by the board to act upon a petition to redis- trict is an act from which an appeal will lie. In September, 1866, plaintiff and others presented to defendants a petition to redistrict the township; and a motion was adopted to "re- district the township as they thought best for the interests of the town- ship and of the people. 1 ' At a special meeting held in November to carry out that action,4he former motion was reconsidered, and a mo- tion adopted to let the boundaries of the subdistricts remain as they were. From this decision of the township board plaintiff appealed to the county superintendent who dismissed the case on the ground that the board, having made no change in the subdistrict boundaries, there was no action to appeal from, the plaintiff was not aggrieved, and hence the county superintendent has no jurisdiction. SCHOOL LAW DECISIONS. 33 C. D. Flynn v. The District Township of Whitebreaet. The question of the jurisdiction of the county superintendent in this case, is the only one which requires examination. The counsel for appellees confine their argument to two points: 1. u The county superintendent has no jurisdiction, either original or appellate, over the question of fixing or changing the boundary lines of subdistricts." 2. " If the county superintendent has appellate jurisdiction to re- view the action of the board in changing or fixing said boundary lines, yet he could not exercise it in this case, for the reason that there was no action of the board from which an appeal would lie." The first point is based on section 31, chapter 1, of the school laws now in force. Preceding sections define the powers of the board; but said section 31 contains limitations of those powers. One of the limi- tations is " nor shall the boundaries of subdistricts be changed except by a vote of the majority of the board." This, when taken in connec- tion with the context, evidently means, merely, that when a change in subdistrict boundaries is made by the board, said change must receive the sanction of a majority of all the members of the board, and is not intended to deny, neither does it deny, the appellate jurisdiction of county superintendents in the change of subdistrict boundaries. Of course it is not true, neither is it claimed, that superintendents have original jurisdiction in making such change. In the discussion of the second point, by the substitution of the word " action " for the terms " decision or order " used in the law, and ingeniously attaching to that word a signification of something done beyond the mere adoption of a resolution, such, for instance, as the actual redistricting of the township, the counsel make a very plausible argument, in which it is clearly seen that no one could be aggrieved by an act when 110 act was done, hence, there was no ground for ap- peal. But the language of the law is that " any person aggrieved by any decision or order" of the board may appeal. Was there a "decision or order" made by the board, and was any person aggrieved thereby? It appears from the transcript of the secretary, that the board did decide to " let the subdistrict boundaries remain as they were," and passed a motion or " order " to that effect. The action of the board in November, though virtually merely an order of refusal, is proper ground for appeal, provided any person was aggrieved thereby; and in this decision I am sustained by the opinion of the attorney-general. It only remains to inquire whether any person might have been ag- grieved by this action of the board. The afiidavit of the plaintiff sets forth that " a larger number of subdistricts and school-houses are im- peratively demanded to accommodate the children of the district" ; and in the hearing before the county superintendent, plaintiff requested an opportunity to introduce evidence to that effect. Facilities for the education of children are among the most highly cherished privileges enjoyed by intelligent citizens; and it may easily be conceived that persons may be aggrieved by a refusal to grant such facilities as are " imperatively demanded." 5 0? ^ 34 SCHOOL LAW DECISIONS. Maria L. Dougherty v. L. D. Tracy, County Superintendent. The county superintendent erred in sustaining the motion to dismiss; and the case is therefore remanded for a hearing upon its merits. In the event that the finding shall be for the plaintiff, the county super- intendent may himself redistrict the township, u as justice, equity, and the interests of the people require." REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. April 19, 1867. MARIA L. DOUGHERTY v. L. D. TRACY, COUNTY SUPERINTENDENT. Appeal from Grundy County. 1. REVOCATION OF TEACHER'S CERTIFICATE. The order of a county superintendent revoking a certificate will not be interfered with on appeal, unless it appears that he acted from passion or prejudice. 2. . Opinions unsupported by facts cannot be received as satis- factory evidence of prejudice. April 1, 1867, L. D. Tracy, superintendent of common schools for the county of Grundy, revoked the certificate of Maria L. Dougherty, a teacher of said county, on the alleged ground of incompetency to properly govern and control a school. A notice of the revocation, made out in due form, was served upon the secretaries of the several district townships; but no notice of the revocation was served by the superintendent on the plaintiff. The plaintiff appealed to the superintendent of public instruction, who by circular of May 15, 1867, directed that the case should be heard by the county superintendent. Such hearing took place June 7, 1867. During the examination twenty-three persons, patrons and pupils, testified to the good order of the school, and the general good character and reputation of the plaintiff as a teacher. Fourteen per- sons made affidavit that they believed plaintiff's certificate was revoked from personal prejudice. One witness, called by the defense, testified that the school was not governed as well as it might have been; that he several times heard cursing and swearing on the school grounds at noon and recess. Three persons testified that they did not believe the superintendent revoked plaintiff's certificate from prejudice or passion. Nineteen persons cer- tified that they believed Mr. Tracy to be a competent and impartial officer, and free from any malicious administration. The county superintendent, disregarding the weight of evidence in regard to the plaintiff's qualifications, affirmed his previous decision revoking plaintiff's certificate, and certified that the act was done with- out prejudice or passion toward the plaintiff, and that he was impelled SCHOOL LAW DECISIONS. 35 Maria L. Dougherty v. L. D. Tracy, County Superintendent. to that course by conviction, which was the result of personal observa- tion and knowledge, that plaintiff was incompetent to govern a school properly. From that decision the plaintiff appeals. If this case could be determined by the weight of evidence in regard to the plaintiff's ability to govern a school properly the decision would be in plaintiff's favor. But there are other elements for consideration. The county superintendent is clothed with large discretionary powers. So great has this discretion been regarded that it has been held by pre- vious incumbents of the office of superintendent of public instruction that the refusal to grant a teacher's certificate or the revocation of such certificate by a county superintendent was an act so wholly dis- cretionary that it was not subject to revision. The circular of May 15, 1867, from this department, maintaining the right of appeal in such cases was not intended to curtail the discretionary power of county superintendents, but to point out a way in which its abuse might be corrected. In the absence of special statutory provisions in regard to the man- ner of hearing appeals, it is presumed that general principles are ap- plicable. It may not be amiss at this time to enunciate some general princi- ples which will be observed in the adjudication of this and similar cases. I. The discretion of a county superintendent in refusing or revok- ing a teacher's certificate will not be interfered with by the superin- tendent of public instruction unless it is clearly shown that the county superintendent in such act violated the law in letter or spirit, or was influenced by passion or prejudice. This position is believed to be correct in the light of both principle and public policy. The general rule is, " the supreme court will not interfere with the decisions of the district court in cases where the latter has a discretionary power, un- less it is fully apparent that such power has been abused." Hammond's Iowa Digest, page 65. Numerous cases might be cited in support of this rule, but such citations are deemed unnecessary. The county superintendent is presumed to be selected from among his fellow citi- zens on account of his ability to exercise a sound discretion in the dis- charge of the important duties of his office. He is bound by a solemn oath to discharge his trusts with fidelity. He is on the ground and has a personal knowledge of the circumstances. He can judge of the ed- ucational requirements of his county better than another person scores of miles distant, in his examination of teachers and in his visits to their schools he can judge of the teacher's comparative and actual merit and ability better than those who have less extended opportuni- ties for observation. He is responsible to his constituents for the manner in which his duties are performed. His official acts may be reviewed and modified or annulled by the superintendent of public in- struction. Frequent interference with the discretion of county super- intendents would tend to bring their authority into contempt, and to unsettle the foundations of our school system. While, then, the right 36 SCHOOL LAW DECISIONS. Maria L. Dougherty v. L. D. Tracy, County Superintendent. to review an abuse of discretion is reserved, and the right to reverse an illegal decision maintained, the discretion of county superintendents will not be interfered with unless such interference is necessary to se- cure justice or vindicate law. II. The proof of the violation of law, or of the influence of passion or prejudice in the performance of official duty must he clear and con- vincing. Mere opinion, unsupported by facts, is insufficient to estab- lish the allegation of passion or prejudice. " As a general rule wit- nesses, unless experts, should state facts, not opinions." Whitmore v. Bowman, 4 Gr. Greene, Iowa, 148. "Except when given by experts, evi- dence of mere opinion is not competent, unless upon some controlling ground of necessity, resulting from the nature of the inquiry." Dal- zell v. City of Davenport, 12 Iowa, 437; Danforth, Dennis & Co. v. Carter & May, 4 Iowa, 230. In the light of these principles, which are believed to be correct and proper, conclusions may be readily formed. It is held that it is not necessary for the county superintendent to notify the plaintiff of his intention to revoke her certificate before taking such action; neither does the law require him to serve a copy of the revocation upon the plaintiff, subsequently. Courtesy and pro- priety, however, would dictate that the teacher should receive imme- diate notice of the revocation from the county superintendent. The rulings of the county superintendent on the admission of evi- dence have no material effect on the final decision of the case, hence the exceptions of the plaintiff thereto are passed over. The revocation of a teacher's certificate is adjudged to be an act of discretion on the part of the county superintendent, which will not be interfered with, without satisfactory proof of illegality or of prejudice. In this case, while the weight of testimony is favorable to plaintiff's qualification, and opinion is conflicting in regard to prejudice, there is not a single fact adduced in the testimony upon which the theory of prejudice can be based. On the other hand, the county superinten- dent headed a subscription to pay plaintiff's board, and was the first to pay said subscription. During the term he told the subdirector that the plaintiff must be sustained in her government of the school at all hazards; and these facts indicate the absence of prejudice. The mere opinion of witnesses, unsupported by facts, cannot be received as satisfactory evidence of prejudice. Some embarrassment is experienced in this case from the circum- stance that the plaintiff belongs to that gentler sex to which we are all educated to do homage, and the idea is largely prevalent that they are not amenable to law in an equal degree with the opposite sex ; but having a high regard for the rights of women, we dare not pervert law even to shield them from its operation. We are therefore compelled to affirm the decision of the county superintendent. AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. October 1, 1867. SCHOOL LAW DECISIONS. 37 Benjamin Smith v. District Township of Coffin's Grove. SMITH v. DISTRICT TOWNSHIP OF COFFIN'S GROVE. Appeal from Delaware County. 1. PROCEEDINGS. In the absence of proof to the contrary, the legal pre- sumption is that the proceedings before the county superintendent were entirely regular. 2. EXPLANATORY NOTES: Force of. Notes to the school law, while proper aids to school officers, have not the binding force of law, and a non- compliance with them is not necessarily a violation of law. On the petition of the electors of subdistrict number one, Coffin's Grove district township, the board of directors thereof located the site of a proposed new school-house "just east of the burying ground, on the right hand side of the road, adjoining the corner of Mr. Brook's field." From this action plaintiff appealed to the county superintend- ent on the 25th of March, by whom the case was heard April 19, 1867. On the 13th of June the county superintendent issued an order re- locating the site three-fourths of a mile further south, and at or near the center of the subdistrict. From this order an appeal is taken, and thus the case comes up for review. The appellants claim a reversal of the county superintendent's de- cision on the ground: 1. That the county superintendent had no jurisdiction in the matter. 2. That the county superintendent erred in not taking the deposi- tions of witnesses in writing and having the same signed and sworn to by the witnesses. 3. That the county superintendent erred in not making up his record at the time of trial. 4. On the merits of the case. The denial of the county superintendent's jurisdiction is based on the fact that the original affidavit does not state that the appeal was taken within thirty days of the action of the board complained of, and reference is made to page 57 of "explanatory notes," in which it is stated that this fact should appear, though there is no such specific requirement in "An act to provide for appeals." The question natur- ally arises as to the legal force of these " explanatory notes." Have they the effect of statutory provisions, or otherwise? While the right of every tribunal to establish rules and regulations not inconsistent with law, must be admitted, these "explanatory notes" made by the superintendent of public instruction are not legal enactments, nor "rules and regulations," and so far from being mandatory in their character are merely advisory and directory, and intended for the assistance and guidance of school officers. They are a commentary on the school law; and as they are replete with good common sense sug- gestions, their observance will render the administration of the school 38 SCHOOL LAW DECISIONS. Benjamin Smith v. District Township of Coffin's Grove. law more accurate and satisfactory; but a non-compliance with them is not necessarily a violation of law. It must be admitted that an affidavit which does not state the date of the decision or act complained of is very carelessly drawn, and a superintendent might be justified in refusing to entertain it; but if it be entertained, it is still competent for the opposite party to show that the thirty days allowed by law had expired previous to the filing of the affidavit, and thus secure the dismissal of the case. The law gives the superintendent jurisdiction within thirty days, and the state superin- tendent could not by any rule or regulation annul the statutory pro- visions. It is not even claimed by appellants that the time for taking appeal had expired, and the date of petitions submitted to the board indicate that it had not expired. In the absence of proof to the con- trary, the legal presumption is that the proceedings before the county superintendent were entirely regular, and therefore the jurisdiction of the superintendent must be sustained. The second and third errors assigned by appellants are also based on " explanatory notes " instead of upon the law, and cannot be sustained for reasons previously given. While there were things in the man- agement of this case from which we must withhold our commendation, as there seems to have been a substantial compliance with the law, we do not feel justified in dismissing it without an examination of its merits. The county superintendent gave due notice of the hearing in writing to all the electors of the subdistrict. On the day of hearing several persons appeared, but no " evidence on either side was offered," except the original affidavit of Benjamin Smith. The record of the county superintendent goes on to say: "But to satisfy myself in regard to the number of inhabitants that would be accommodated best by the site remaining where it is at present located by said board," Nelson Bly, James McBride, and Henry Baker were sworn. "Nelson Bly stated that about thirty families lived in said subdistrict, and that only about one-third would be accommodated by the site remaining where it is at present located by said board. James McBride corroborated the statements made by Nelson Bly." After Henry Baker was sworn u so much confusion and controversy arose" that it was found "almost impossible to preserve order," and the superintendent "proceeded to view the different sites." Among the papers sent up by the district secretary were two peti- tions to the board, one signed by fifteen persons asking that the site should be located "at or near the corner of Mr. Brook's field"; the other signed by twenty-three persons, asking that the site be " estab- lished as near as practicable in the center of the subdistrict." In view of the facts before us we cannot do otherwise than sustain the county superintendent, whose decision is AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. December 16, 1867. SCHOOL LAW DECISIONS. 39 Joseph F. Edwards et al. v. District Township of West Point. JOSEPH F. EDWARDS et al. v. DISTRICT TOWNSHIP OF WEST POINT. Appeal from Lee County. 1. APPEAL. The right of appeal is not limited to cases of personal griev- ances. 2. DISCRETIONARY ACTS. The county superintendent having only appel- late jurisdiction, should not reverse discretionary acts of the board, with- out explicit and clearly stated proof of the abuse of such discretion, even though not fully approving their action. 3. SUBDISTRICT BOUNDARIES : Change of. The acts of a board of direc- tors changing subdistrict boundaries and locating school-houses are so far discretionary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion. September 16, 1867, the board of directors of the district township of West Point, Lee county, transferred one hundred and twenty acres of land belonging to one Timothy Allen, from subdistrict number one to subdistrict number three, in the same district township. From this alteration of subdistrict boundaries, Joseph F. Edwards et al. ap- pealed to the county superintendent, by whom the order of the board of directors was reversed. From this decision of the county superin- tendent, Timothy Allen appeals to the superintendent of public in- struction. It is not claimed that the board of directors exceeded their powers in changing boundary lines, or in any respect violated law. While equality among the several subdistricts, in area, population, and taxa- ble property, is in some respects desirable, it is not required by law, and in fact is impracticable. The claim in the argument of appellees that the action of the board was necessarily wrong, because it had the effect to increase the inequality in some or all of these respects, is not well founded. It is an element which should receive proper consider- ation, but it will not always exercise a controlling influence. Mr. Nourse, in his argument for appellant, claims that " no right of appeal existed in the plaintiffs who took the case to the county super- intendent"; hence the county superintendent was without jurisdiction. He claims that to entitle a person to the right of appeal the grievance must be of a personal character one that affects the rights or inter- ests of the individual as distinguished fiom the public. In support of this view he refers to the following decisions by our supreme court: Humphrey v. Ball, 4 G. Greene, 204; Myers v. Simms, 4 Iowa, 500; McCune v. Swqfford, 5 Iowa, 552; Lippencott v. Allander, 23 Iowa, 536. In all of these cases it is held that there is no appeal from the county court or the board of supervisors, unless the grievance is of a personal or individual character as distinguished from the public ; and hence by analogy it is claimed that there is no appeal from the board of school directors unless the grievance is of a like character. If the 40 SCHOOL LAW DECISIONS. Joseph F. Edwards et al. v. District Township of West Point. right of appeal in the two cases was derived from the same statute, the decisions cited above would be conclusive. But these decisions are based upon section 267, Revision of 1860, in which the right of appeal is limited to "any matter affecting the rights or interests of individuals as distinguished from the public,' etc.; while appeals to county super- intendents are based on section 2133, Revision 1860, which provides that " any person aggrieved by any decision or order of the district board of directors in matter of law or fact," may appeal, etc. As section 2133 does not limit the right of appeal in cases of per- sonal grievance, the decisions cited have no application in the case under consideration. The important point upon which the issue in this case must turn remains to be stated. The meeting at which the change of subdistrict boundaries was made was attended by six of the eight members of the board, and after a full discussion of the proposed change and an exami- nation of .plats of the district, the change was made by unanimous vote, and subsequently approved by one of the absent members. The remaining subdirector, who resides in the subdistrict from which the territory was taken, opposes the change. It is not claimed that the law was violated in the change, but only that the educational interests of the district were impaired. The question is not so much one of law as of sound judgment and discretion. The change was approved by seven of the eight members of the board, who reside in different parts of the township, six of whom at least, are absolutely without personal interest in the matter. It is opposed by one whose pecuniary interests are contingently adversely affected. The county superintendent opposes his judgment to the judgment of the board. What, in such a case, is the duty of the ulti- mate tribunal? The superintendent of public instruction has, as in duty bound, an earnest desire to sustain the acts and decisions of county superintend- ents. The legal presumption is always in favor of the correctness of official acts and decisions. While the state superintendent applies this principle to county superintendents, it is equally incumbent upon them to apply it to the decisions or orders of district boards of direct- ors. It not unfrequently happens that county superintendents decide appeal cases upon their own judgment and discretion as if they had original, instead of appellate jurisdiction; and fail to give that consider- ation to the discretion of district boards, which the above principle requires. The law prescribing the duties of boards of directors is, in some re- spects, mandatory, requiring that certain specified duties shall be per- formed in a particular manner. In other cases, the board acts as a local legislature, and its action is discretionary. Among these discre- tionary powers, though not including all of them, are the establish- ment and change of subdistrict boundaries and the location of school- houses. It has been doubted by some whether an appeal to the county superintendent, from acts of the board wholly discretionary, would lie. While the right of appeal in such cases is maintained, the real charac- SCHOOL LAW DECISIONS. James C. Smith v. District Township of Maquoketa. ter should not be lost sight of; and the action of the board within the limits of the law should not be reversed unless it is evident that it acted with passion, prejudice, or manifest injustice. It is a general principle in law that the exercise of discretionary power will not be in- terfered with unless it is fully apparent that such power has been abused. For further remarks on discretionary power and the manner of proving its abuse, reference is made to the case of Dougherty v. Tracy, county superintendent. In changing subdistrict boundaries, and locating school-houses, the law gives the board of directors original jurisdiction, and as it is dis- cretionary power the action of the board should be affirmed on appeal, unless it is fully apparent by the evidence that the board violated law or abused its discretion. If there is a reasonable doubt the board is entitled to its benefit. The action of the board may not be wholly approved by the judgment of the county superintendent, but if it be not illegal or clearly unjust it should be sustained. When, however, county superintendents feel called upon to reverse decisions of school boards, they should give a clear and explicit statement of their reasons for so doing, that the superintendent of public instruction may be the better enabled to judge of the soundness of their conclusions. These general remarks have been made with a view to guide county superintendents in their decisions, as well as to indicate some of the principles which will be observed by the superintendent of public in- struction in the adjudication of similar cases. In the particular case under consideration, the board of directors, with unusual unanimity, performed a discretionary act. It is not claimed that this act was illegal or the board was influenced by im- proper motives. It is not satisfactorily proven that the act was unjust. In our opinion, the evidence does not sustain the county superintendent in annulling the order of the board, and his decision is therefore REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. February 15, 18(58. JAMES C. SMITH v. DISTRICT TOWNSHIP OF MAQUOKETA. Appeal from Jackson County. 1. AFFIDAVIT. The affidavit may be amended when such action is not prejudicial to the rights of any party interested. 2. COUNTY SUPERINTENDENT. May upon appeal create subdistrict. At the regular semi-annual meeting of the board of directors of the district township of Maquoketa, in September, 1867, Jacob Markle and G 42 SCHOOL LAW DECISIONS. James C. Smith v. District Township of Maquoketa. twenty-seven others presented a petition, asking that all of that portion of subdistrict number five, lying south of the Maquoketa river, should be set off into a separate subdistrict. The prayer of the petition was refused, whereupon James C. Smith, one of the petitioners, appealed to the county superintendent, who reversed the action of the board and created a new subdistrict south of the river. From this decision D. F. Farr and E. H. Patterson appeal to the state superintendent. The evidence discloses the following facts: subdistrict number five is divided by the Maquoketa river into two nearly equal portions, the school-house being situated on the north side of the river. Said river is a navigable stream, the only means of crossing it being the ice in winter and a ferry in summer. It is subject to freshets, and obstruc- tions from ice, so as to be impassable for days in succession. The weight of evidence shows the river to be such an obstruction that children cannot, with reasonable facility, enjoy the advantages of a school on the opposite side from that on which they reside. That this difficulty was recognized by the board'is evidenced by^the fact that an appropriation of forty dollars was made last summer to support a school in that part of the subdistrict south of the river. Some children have never attended school north of the river because their parents consider the crossing of the river fraught with danger. The appellant assigns three errors: 1. The insufficiency of the affidavit of J. C. Smith, and the conse- quent want of jurisdiction by the county superintendent. 2. That the county superintendent permitted said affidavit to be amended on the day of trial, thus admitting its insufficiency. 3. That the county superintendent divided said subdistrict number five into two subdistricts. The system of appeals to county superintendents was inaugurated to provide a speedy and inexpensive method of adjusting difficulties arising in the administration of school laws. From the fact that many of the cases arising are prosecuted by the parties interested without the intervention or assistance of lawyers, no very stringent rules of practice have been adopted. The object of this system of appeals is to promote uniformity in the operation of school laws, and the attainment of substantial* justice; and this object should not be defeated by technical objections. While the affidavit of said Smith was not as full as it is customary to make such papers, it yet had such completeness as enabled the county superintendent to obtain a transcript of the proceedings of the board relating to the alleged grievance; and the ruling of the county super- intendent on the first two points is sustained. It is neither intimated nor believed that the irregularities complained of prejudiced the inter- ests of appellants. The law imposes equal burdens upon all property in the township for contributions to the " teachers 1 fund " and the " contingent fund," and it contemplates that all the youth of the state shall enjoy as nearly as practicable equal educational facilities. The county superintendent, by his appellate jurisdiction, had power to create the new subdistrict. SCHOOL LAW DECISIONS. 43 S. L. Curry v. District Township of Franklin. As by the evidence, the youth south of the river could not with rea- sonable facility enjoy the advantages of a school on the north side, the county superintendent was justified in interfering with the discre- tionary powers of the board, and in establishing a new subdistrict south of the river. AFFIRMED. D. FRANKLIN WELLS, Superintendent of Public Instruction. February 15", 1868. S. L. CURRY v. DISTRICT TOWNSHIP OF FRANKLIN. Appeal from Decatur County. 1. COUNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an affidavit is filed. 2. AFFIDAVIT. An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. 3. NOTICE. The county superintendent should not issue notice of final hearing until both the affidavit and transcript of the district secretary have been filed in his office. 4. DISCRETIONARY ACTS. May be reversed on appeal, but should not be disturbed except upon evidence of unjust exercise or abuse. December 16, 1867, at a special meeting of the board of directors, a vote to change the boundaries of subdistricts in the district township of Franklin, Decatur county, so as to form a new subdistrict in ac- cordance with the prayer of petitioners, resulted in a tie. From this virtual refusal to act, S. L. Curry appealed to the county superintend- ent, who on the 31st of the same month formed a new subdistrict. Appellant alleges in his affidavit that the county superintendent assumed jurisdiction of this case without warrant of law; that there never was " at any time an affidavit or any other statement in said appeal case filed in the office of" the county superintendent; hence the want of jurisdiction. The " act to provide for appeals," section two, provides that " The basis of proceeding shall be an affidavit, filed by the party aggrieved with the county superintendent, within the time allowed for taking the appeal." An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate. A county superintendent can have no proper jurisdiction of an appeal case until such affidavit has been filed. A notice of intention to file an affidavit, a verbal com- plaint, or a petition, is not sufficient to give the county superintendent jurisdiction in appeal cases. The affidavit setting forth "the errors 44 SCHOOL LAW DECISIONS. 8. L. Curry v. District Township of Franklin. complained of in a plain and concise manner 1 ' must be in his hands before he is justified in commencing proceedings. The decision of the superintendent recites that the affidavit was filed December 21, which might be taken as conclusive, if it was not contradicted by the record. The transcript shows that said affidavit was not subscribed and sworn to until December 28, hence we do not clearly see how it could have been filed on the 21st. December 24, four days before the affidavit was made, and which appellant alleges was never filed with the superintendent, said superin- tendent gave notice to the parties that the hearing would take place on the 30th. This proceeding, as an appeal case, was entirely unauthor- ized by law; and as he commenced proceedings in disregard of the plain provisions of law and without legal jurisdiction, his decision is annulled. It may be said, and not without authority, that as both parties responded to the notice, and came before the superintendent, that he thereby acquired jurisdiction; but we feel unwilling to sanction disregard of law by approving such great irregularities. Without touching the real merits of the question at issue the formation of a new subdistrict, which we are willing to leave to the local authorities we refer briefly to a few -points of law raised by appellants: 1. The count} 7 " superintendent should not issue notice of final hear- ing until both the affidavit and the transcript of the district secretary have been filed in his office. 2. The law does not require that a revenue stamp shall be affixed to an affidavit; hence the neglect to cancel such stamp when affixed is immaterial. 3. Though the change of subdistrict boundaries by the board of directors is a discretionary act, it may be reviewed by the county su- perintendent, on appeal; but the decision of the board should not be disturbed unless said discretionary power has been abused or exercised unjustly. 4. The county superintendent should have received the remon- strances offered on trial in evidence, and exercised his judgment as to their weight and value. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. March 26, 1868. SCHOOL LAW DECISIONS. 45 C. 8. Gordon v. District Township of Brown. C. S. GORDON v. DISTRICT TOWNSHIP OF BROWN. Appeal from Linn County. 1. DISTRICT TOWNSHIP. Should not ordinarily contain more than nine subdistricts. 2. COUNTY SUPERINTENDENT. Should not reverse an action of the board of directors which is in accordance with instructions of the superintendent of public instruction. 3. SUBDISTRICT : Size of. There are serious objections to the formation of small subdistricts. The board of directors of the district township of Brown, Linn county, Iowa, at a meeting held February 8, 1868, and attended by all the members of the board, except one, voted unanimously to redistrict the district township, and to relocate school-house sites in accordance with a decision of the superintendent of public instruction, rendered January 28, 1868, and in accordance with a plat submitted. From the action of the board in this matter Charles S. Gordon appealed to the county superintendent, by whom the case was heard March 12, 1868, and whose decision, rendered the following day, reversed the action of the board on the ground of alleged non-compliance with the decision of the superintendent of public instruction, as rendered on the said January 28, 1868, in the case of Gordon v. District Township of Brown. The decision of the superintendent of public instruction above referred to, was provisory. It declared that if the board of directors should promptly make certain changes therein indicated, that the decision of the county superintendent made November 12, 1867, form- ing a new subdistrict should be void; otherwise, in full force and effect. It required that school-house sites should be selected " at or near " certain points named; thus giving the board limited discretion in their location, and full discretion in regard to the boundaries of subdistricts. In one instance, a site was selected about one-fourth of a mile from the point indicated; but as the plat showed that it was at the crossing of two roads, and that it was nearer the center of the subdistrict as established by the board, this variation was approved. The other sites selected by the board did not vary from the points indicated in the decision. The changes made by the board on the said 8th day of Feb- ruary, were submitted to the superintendent of public instruction, who, March 3, gave them his official sanction and approval. Mr. Gordon's appeal was based principally upon the fact that one of the sites, as explained above, was not at the precise point indicated by the decision of the superintendent of public instruction; and hence, as the board had not strictly complied with the proviso of said decision, the decision of the county superintendent, made November 12, 1867, 46 SCHOOL LAW DECISIONS. 0. 8. Gordon v. District Township of Brown. establishing a new subdistrict, was in full force and effect, and should have been regarded by the board. In support of its action the board offered in evidence the official approval of the superintendent of public instruction; this, however, was ruled out by the county superintendent, on the alleged ground that it was "ex parte testimony" obtained by one party after the inauguration of the appeal, without notice to the other party. In this ruling the county superintendent erred. The decision of the superintendent of public instruction being provisory, it was competent for him to confirm the subsequent action of the board in relation thereto, and to determine whether the location of sites made was, under the circumstances, a sufficient compliance with the decision. The phrase " at or near " im- plied that there might be a variation from the precise point named, and when this variation was officially approved, it was binding upon the county superintendent. The provisory decision of January 28, permitted the board to exercise all the discretionary power in redistricting which the law confers. From their exercise of this power, also, the plaintiff appeals. The record shows that there are. now ten .subdistricts in Brown district township; but the plaintiff wishes another formed which shall contain only one and one-fourth sections. In our opinion there are serious objections to the formation of small subdistricts. The small number of children and the small amount of taxable property which they will usually contain, will insure a feeble support for the schools. Cheap teachers, short terms of school, and poor schools will inevitably result. Not every man can have a public school in his own immediate neigh- borhood. It is better that children should go a little farther, and have a good school when one is reached. Except in peculiar circumstances, we doubt whether there ever ought to be more than nine subdistricts in any district township of ordinary size, and it might be better to have only six. A school centrally located on every four or six sections of land, would afford reasonable facilities to all. Even in populous dis- tricts, it would be better to increase the size of the schools and have more than one teacher if necessary, than to adopt the disastrous policy of subdivision. The county superintendent in his lengthy argument in support of his decision, dwells upon some slight discrepancies in the secretary's transcript. At a meeting of the board, February 8, it appears that a motion was made to " proceed to redistrict," etc. One transcript says this motion carried; the other omits such a statement. The county superintendent alleges that it was carried "by only one vote." Whether it carried or not is, under the circumstances entirely immaterial ; as a motion was subsequently unanimously adopted, the ayes and noes being called, to adopt a certain plat on which the changed boundaries of the subdistricts were marked, and the school-house sites indicated. This was the important vote of the meeting, and in regard to its adoption there is no question. Even admitting that one man did not vote for it as claimed, there was still left more than the legally required number of votes. But the integrity of an official record can not be SCHOOL LAW DECISIONS. 47 Elias Sipple v. District Township of Lester. impeached by any such collateral proceeding. It was error to admit evidence contradicting the record. The board of directors had full discretionary powers in the matter of redistricting the township district, and the manner in which they exer- cised this power was a proper subject of review by the county superin- tendent on appeal. At the time the plaintiff's affidavit was filed, the county superintendent had no knowledge that the acts of the board on said 8th day of February had been approved by the superintendent of public instruction, or that they would be so approved; he therefore properly assumed jurisdiction of the case. When, however, the action of the superintendent of public instruction became known, the county superintendent should have been governed by it, and he should have affirmed the action of the board of directors or dismissed the case. For reasons heretofore given, as well as upon the real merits of the case, and to promote the educational interests of the district township at large, the decision of the county superintendent is REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. June 8, 1868. ELIAS SIPPLE v. DISTRICT TOWNSHIP or LESTER. Appeal from Black Hatvk County. 1 SUBDISTRICT BOUNDARIES: Change of. At the hearing of an appeal before the county superintendent it is competent for him, upon his own motion, to call additional witnesses to give testimony. 2. EVIDENCE : ParoL Cannot be received in the absence of allegations of fraud, to contradict or impeach the validity of school district records. 3. RECORD. The board of directors may at any time amend the record of the district, when necessary to correct mistakes or supply omissions. And may, upon proper showing, be compelled, by mandamus, to make such cor- rections. At the regular meeting of the board of directors of the district town- ship of Lester, held September 16, 1867, which was attended by four of the seven members of the board, motions were made and seconded for the creation of two new subdistricts whose boundaries were described in the motions. In regard to the action on these motions, the record of the secretary contains merely the word " carried. At a special meeting of the board, held February 15, 1868, the action of the board in September in relation to the formation of new subdistricts was " reconsidered 11 and "rescinded." From the February action Elias Sipple appealed to the county superintendent. During the progress 48 SCHOOL LAW DECISIONS. Elias Sipple v. District Township of Lester. of the hearing, which took place March 20, 1868, the county superin- tendent called upon one of the four members of the board that at- tended the September meeting, who testified that he did not vote for the motion to create a new subdistrict. As it thus appeared that the new subdistricts were not established by a vote of a majority of all the members of the board, as required by law; and as said September ac- tion was rescinded at a full meeting of the board in February, the county superintendent, considering the formation of the subdistricts illegal and void, dismissed the appeal. From this decision Barney Wheeler appeals to the superintendent of public instruction. Appellant alleges substantially that the county superintendent erred as follows: 1. In himself calling a witness to give testimony. 2. In receiving testimony to impeach the district record, which is claimed to be valid and binding after thirty days. 3. In dismissing the appeal. 4. In not establishing the subdistricts. The law requires the county superintendent to give a "just and equitable" decision, and as the calling of additional witnesses may sometimes enable him to discharge this duty more faithfully, his action in this respect is sustained. The second error assigned really includes two distinct points, which will be considered separately; and first, in regard to the impeachment of the district record. The law provides for an annual meeting of the electors of the district township, and for semi-annual and special meet- ings of the board of directors; also that "the secretary shall record all the proceedings of the board and district meetings in separate books kept for that purpose." It is a general principle of law that " oral evidence cannot be substituted for any instrument which the law re- quires to be in writing, such as records, public documents," etc. 1 Greenleaf's Evidence, 86. " It is a well settled rule that, where the law requires the evidence of a transaction to be in writing, oral evi- dence cannot be substituted for that, so long as the writing exists and can be produced; and this rule applies as well to the transactions of public bodies and officers as to those of individuals." The People v. Zeyst, 23 N. Y., 142. In the case of Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that an omission in the rec- ords of a town meeting could not be supplied by parol evidence. Chief Justice Shaw, in discussing the case, said that it would be "dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on Evi- dence, says: " Where written instruments are appointed either by the immediate authority of the law or by the compact of the parties, to be the permanent repositories and testimony of truth, it is a matter both of principle and of policy to exclude any inferior evidence from being used either as a substitute for such instruments or to contradict or alter them ; of principle, because such instruments are, in their own nature and origin, entitled to a much higher degree of credit than that which appertains to parol evidence; of policy, because it would be at- tended with great mischief and inconvenience, if those instruments SCHOOL LAW DECISIONS. 49 Elias Sipple v. District Township of Lester. upon which men's rights depend were liable to be impeached and con- troverted by loose collateral evidence. 1 ' Starkie, part IV, page 995 volume III, 3d Am. Ed. The reason of the rule upon which the courts agree with such entire unanimity applies with force in the case now under consideration. The records of the district and board meetings contain a statement of the regulations adopted, and the acts done in the exercise of the powers with which the respective bodies are invested by the law. They pre- sent to all the citizens of the district township, in a permanent form, certain and definite information which could be obtained, with equal certainty, in no other way. Memory is defective, but the secretary records the transactions as they occur. The actors change from year to year, but the record is permanent. And though the admission of oral testimony to alter a record or to supply an omission therein might sometimes promote the attainment of justice, the prevalence of such a practice would result in more evil than good. It is held, therefore 1 , that in the absence of alleged fraud the county superintendent errs in admitting parol evidence to contradict or impeach the record of the September meeting of the board of directors. In regard to the other part of the second point a few words will suffice. The counsel for appellant urges that though the record of the September meeting was imperfect, the lapse of thirty days made the record valid and binding upon the district. It is true that the right to take an appeal to the county superintendent expires after thirty days; but I am unable to see how the lapse of time will validate what was before invalid. The secretary is the proper custodian of the records of the school district, and before the record of the proceedings of the board of directors has been approved or adopted by the board the sec- retary may amend them by supplying omissions, or otherwise correct- ing them. After they have been approved they may be amended and corrected by direction of the board, even after the lapse of thirty days: In Massachusetts a town clerk is permitted to amend the record in order to supply defects, even after a suit involving a question respect- ing them has been commenced. I am of the opinion that if the sec- retary or board of directors decline to make necessary corrections in the record, that a party interested may proceed by mandamus to com- pel the correction. If the record is to be impeached it must be, in the absence of fraud, by a direct proceeding instituted for that purpose, and not by a collateral or indirect method. The People v. Zei/st, 23 N. Y., 147-8. The district record in this case is not as full as it might with propri- ety be. The law provides that the boundaries of subdistricts shall not be changed except by the vote of a majority of the members of the board. The record fails to show that this requirement of the law was complied with at the September meeting. The secretary says the motion to redistrict "carried." This is his opinion, but he fails to give the fact upon which it is based. Four of the seven members were present, but he does not say who, or how many voted for the change. 50 SCHOOL LAW DECISIONS. Elias Sipple v. District Township of Lester. Properly this should have been stated. When, however, the district record declares that a motion was " carried," the law will presume that it was carried in accordance with the requirements of the statute; though there is reason to believe that the presumption in this instance is a violent one. It follows that there was no legal evidence that the subdistricts were not established in accordance with law; hence, the conclusion is inevitable that the county superintendent erred in dis- missing the appeal for the cause assigned. At the commencement of the trial and again during its progress, the defendant moved the county superintendent to dismiss the case on ac- count of the insufficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is usual to make affidavits in such cases, yet it " set forth the errors complained of" with such plainness and conciseness as enabled the county superintendent to obtain the necessary transcripts, and this is all that the law really requires. Rev. 1860, 2135. It has not been customary heretofore to enforce any particular form of affi- davit, and the county superintendent's ruling refusing to dismiss on defendant's motion is sustained. As the testimony appears not to have been all in when the case was dismissed by the county superintendent, no opinion can be given in regard to the propriety or necessity of establishing the proposed new subdistricts. The case is, therefore, returned to the county superintendent, who will proceed with the hearing, first allowing a reasonable time for the correction of the district record or for the enforcement of its correction, should such correction be deemed necessary by either of the interested parties. Should the district record be amended so as to show conclu- sively that the said subdistricts were not legally formed at the said meeting in September, it will follow that the said subdistricts never had a legal existence, and that the plaintiff could not be aggrieved by the action of the February meeting, hence the county superintendent will determine the case in favor of the appellee. Should said record not be amended, or should it be amended so as to show clearly that said subdistricts were established in all respects in conformity with law, the question of establishing the new subdistricts, or more properly retain- ing their organization, will be determined upon its merits. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. July 23, 1868. SCHOOL LAW DECISIONS. 5} E. J. Miner v. District Township of Cedar. E. J. MINER v. DISTRICT - TOWNSHIP OF CEDAB. Appeal from Floyd County. 1. CONTESTED ELECTION: Jurisdiction. The proper method of deter- mining a contested election for school director is by an action brought in the district court. 2. ELECTION: Evidence of. The certificate of the officers of the annual subdistrict meeting is the legal evidence of election as subdirector, and as a general rule a board of directors is justified in declining to recognize a per- son as a member of the board until he produces such certificate. 3. EVIDENCE. Where the law requires the evidence of a transaction to be in writing, oral evidence can be substituted for it only when the writing can- not be produced. At the regular meeting of the board of directors of the district township of Cedar, Floyd county, held March, 1868, E. J. Miner ap- peared and filed his oath of office as director of subdistrict number three of said district township, and claimed recognition as a member of the board from said subdistrict. The said Miner failed to present to the board the certificate of the officers of the subdistrict meeting or any other evidence of his election, except his own verbal statement. It was alleged in the board that he was not legally elected. Under these circumstances, the board refused him a seat and recognized his predecessor as holding over. From this order the said Miner appealed to the county superintendent; who after a full hearing of the manner in which the election was conducted, reversed the order of the board, and directed that the said Miner should be recognized as director of subdistrict number three, and as a member of the board of directors. From this decision an appeal is taken by A. J. Sweet, president of the board of directors. The above are but a small portion of the facts presented in the well arranged transcript of the county superintendent, but yet all that are material to the issues involved. The case presented by these facts is similar to that of Ockerman v. District Township of Hamilton, and must be governed by the same principles. It was there held that the only proper way of determining a contested school election or the right of exercising any public office or franchise, is by an action in the nature of quo warranto brought in the district court. It seems unnecessary to repeat the arguments there used. Reference is made to that case as well as to the 19 Iowa, 199; 18 Iowa. 59; 16 Iowa, 369; 17 Iowa, 365; and the other cases there cited. The principle involved in the preceding references was recog- nized by the county superintendent, when he said in his decision that " the board of directors has no jurisdiction to inquire into the legality of the election of its members." When this just conclusion was reached, the case should have been dismissed, for the county superin- 52 SCHOOL LAW DECISIONS. E. J. Miner v. District Township of Cedar. tendent can do on appeal only what the board itself might legally have done. The county superintendent held that as the president of the subdis- trict meeting refused to sign a certificate of election for the said Miner, that the board might receive other evidence of his election. In this the county superintendent departed from well established legal princi- ples. The school law provides that at the meeting of the electors of the subdistrict on the first Monday in March, u a chairman and secre- tary shall be appointed, who shall act as judges of the election, and give a certificate of election to the sul)director elect/' It is a well settled rule, that where the law requires the evidence of a transaction to be in writing, oral evidence cannot be substituted for it when the writing can be produced; and this rule applies alike to the transactions of pub- lic bodies, officers, and individuals. This question was discussed at some length in the case of Sipple v. District Township of Lester. Some of the references made are: 1 Greenleafs Ev., 86; People v. Zeyst, 23 N. Y., 142; 2 Pick., 397; and Starkie on Ev., part IV, p. 995, volume III, 3d Am. Ed. There can be no doubt that the law contemplates that the certificate of the officers of the annual subdistrict meeting shall be the legal passport to a seat in the board of directors, and that, as a general rule, a board of directors is justified in declining to recognize a person as a member of the board until such certificate is produced. If the certifi- cate has been given and lost, the accident may be remedied by other testimony. If it has been illegally withheld the officer may be coerced by mandamus to furnish it. If it has been fraudulently given the law still provides a remedy. Nor can the public interests suffer by this construction of the law; for if there is no election, or if there is a failure to qualify, the statute provides that the former incumbent in the office of director shall hold over for another year. By the light of the previous principles, it is evident that when, under the circumstances, the county superintendent proceeded to investigate the rights of the plaintiff as a school director, he exceeded his jurisdic- tion, and that his decision must therefore be overruled. The law requires that the plaintiff, Miner, shall seek his remedy in the courts. The de- cision of the county superintendent is therefore reversed and the case dismissed. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. July 29, 1868. SCHOOL LAW DECISIONS. 53 Chiles Moorman v. District Township of Belmont. CHILES MOORMAN v. DISTRICT TOWNSHIP OF BELMONT. Appeal from Warren County. 1. SCHOOL-HOUSE : Removal of. A vote of the electors of a subdistrict to remove a school-house, will not compel the board to act affirmatively in rela- tion thereto. 2. JURISDICTION. An application for an appeal filed within thirty days from the act of the board complained of will not give the county superin- tendent jurisdiction of the case. The appeal must be taken by affidavit. This appeal was taken to the county superintendent to secure the removal of the school-house in subdistrict number eight, of this district township. At the annual subdistrict meeting in March, 1868, the electors voted by a large majority that the removal should be made. At the semi- annual meeting of the board of directors, held March 16, 1868, a mo- tion to remove the school-house, in accordance with the vote of the subdistrict, was lost; and from this action of the board the plaintiff, by affidavit filed with the county superintendent, May 9, 1868, took an appeal. Previous to this, that is on the 28th of March, the plaintiff had filed with the county superintendent an " application for an ap- peal." The county superintendent assumed jurisdiction of the case, and after a full hearing reversed the decision of the board and ordered the removal of the house. To this decision appellant takes excep- tion. The power to locate the site for a school-house is vested in the board of directors, and the power to " fix the site " carries with it the power to relocate the site. Vance v. District Township of Wilton, 23 Iowa, 408. Hence the vote of the subdistrict electors must be cousidered as advisory rather than mandatory. Exception was taken to the action of the county superintendent on the ground that the appeal was not taken within the thirty days required by law, and the record shows that nearly two months had elapsed before the filing of the affidavit, which by law is made the basis of ap- peal. It has been decided in previous cases that the right of appeal can be enjoyed only within thirty days of the rendition of the decision complained of, and that the appeal can be instituted only by filing an affidavit with the superintendent. Curry v. District Township) of Franklin; Tunison and Roy v. District Township of Wilton; Noble et al. v. Independent District of Marshall. Following the line of these decisions we are compelled to hold that the county superintendent had no proper jurisdiction of this case, and that his action thereon is void. If it is suggested that an " application for an appeal " was made be- fore the expiration of thirty days from the board's decision, it must be replied that the law recognizes no such step in the proceedings. The 54 SCHOOL LAW DECISIONS. Hiram Hall et al. v. District Township of Massillon. law distinctly provides that the basis of appeal shall be " an affidavit, filed by the party aggrieved with the county superintendent within the time allowed for taking the appeal." The application for an appeal is all very well, provided the affidavit itself is filed within the time allowed by law; but the filing of the " application for an appeal " is an entirely superfluous and unnecessary proceeding. (On this point see the note to section 124, School Laws.) As the case was not properly before the county superintendent we are compelled to set aside his decision, and leave the removal of the school-house to the discretion of the board of directors. REVERSED. D. FRANKLIN WELLS, Superintendent of Public Instruction. September 11, KS68. HIRAM HALL et al. v. DISTRICT TOWNSHIP OF MASSILLON. Appeal from Cedar County. 1. NOTICE. The want of notice is waived by the voluntary appearance of the party for any purpose connected with the cause. 2. SUBDISTRICTS. The practice of cutting district townships into numer- ous subdistricts of small size, is detrimental to the educational progress of the state, and will not be sustained on appeal. A petition was presented to the board of directors of said district township at the regular meeting in March, 1868, praying for the erec- tion of a new subdistrict. Said petition was laid over for considera- tion at the regular meeting in September. At the latter meeting two petitions in opposition were presented. A vote was had upon the proposition, which resulted adversely to the formation of the new sub- district one vote being cast in favor of, and five votes being cast against the same. From this action of the board Hiram Hall and others appeal to the county superintendent, who, on the 21st day of October, 1868, made an order forming the said subdistrict in accordance with the prayer of the petition, and the board appeal. There was a motion for a continuance made on the hearing before the county superintendent, based upon an alleged want of notice, which motion was overruled, and the parties proceeded to trial. The over- ruling of this motion is one of the errors assigned on this appeal. The want of notice, if there was any, was waived by the voluntary appearance of the party making the motion, and as the opposite party proposed to admit everything expected to be proven, in case of a con- tinuance being granted, no injustice resulted, and therefore this error is not sustained. SCHOOL LAW DECISIONS. 55 Z. W. Remington v. District Township of Boomer. The decision of the county superintendent will be reversed, however, on other grounds. The proposed new subdistrict embraces but two and one-half sec- tions of land, inhabited by fifteen families, having in all but twenty- seven persons between the ages of five and twenty-one years; not enough to maintain a good school. The practice of cutting district townships into numerous subdistricts. of small size, is detrimental to the educational progress of the state. It increases the number of schools, and correspondingly reduces the number of pupils in each school, by reason of which, teachers of a lower grade must be employed, poorer school-houses built, or the ex- pense of carrying on the schools greatly increased. Experience has demonstrated that it is better to have fewer subdistricts with better school-houses, and teachers of a high standard of qualifications, than to have more and smaller subdistricts, poor houses, small schools, and teachers of low grade. It is impossible in country districts to place a school-house in every man's door-yard so to speak. Some must of necessity, be more re- mote from schools than others. From the plat submitted in this case it appears the farthest any scholars residing within the limits of the proposed subdistrict have to go to reach the school-houses now in use, is about one and one-half miles, and this is less than the average dis- tance the children of most subdistricts in the state have to travel in going to and returning from school. See further the case of Gordon v. District Toirnship of Brown, and Markley v. District Township of Ludloic. REVERSED. LEWIS I. COULTER, Acting Superintendent of Public Instruction. January 27, 1869. Z. W. REMINGTON v. DISTRICT TOWNSHIP OF BOOMER. Appeal from Pottaivattamie County. 1. JURISDICTION. The county superintendent has not jurisdiction of cases involving a money demand. 2. SCHOOL ORDERS. When improperly issued by the board of directors, the proper remedy is an injunction from the civil courts. The case presented by the record is this: On the 12th day of Octo- ber, the board of directors of Boomer district township met in special session and made a settlement with one L. S. Axtell, who was the con- tractor for the erection of certain school-houses in said district town- ship. From the action of the board, Z. W. Remington appealed to the 56 SCHOOL LAW DECISIONS. Richard Huskins v. District Township of Fremont. county superintendent. The superintendent dismissed the appeal upon the ground that the settlement with Axtell was for a money demand, and therefore involved a question over which he could exercise no jurisdiction. Remington again appeals. If there was anything wrong in the action of the board issuing orders in favor of Axtell for the payment of his claim for building the school-houses that would render them invalid, plaintiff's remedy, if any, would have been by injunction to restrain the payment of such orders, or by some other proper action in the civil courts, and not by appeal to the county superintendent, as the latter tribunal is not clothed by the statute with authority to inquire into or determine the validity of school orders. The county superintendent, therefore, very properly decided to dismiss the appeal, and his order in the case is hereby AFFIRMED. A. S. KISSELL, Superintendent of Public Instruction. May 17, 1870. RICHARD HUSKINS v. DISTRICT TOWNSHIP OF FREMONT. Appeal from Johnson County. SUBDISTRICT BOUNDARIES. It requires an affirmative vote of a majority of all the members of the board to effect a change in subdistrict boundaries. The board of directors of the district township of Fremont, John- son county, Iowa, passed an order erecting a new subdistrict, to be called number eight, from parts of numbers three and six of said dis- trict township. From this order Richard Huskins et al. appealed to the county superintendent, who entertained a hearing of the case upon its merits, and after visiting the territory, rendered a decision affirm- ing the action of the board. From this decision said Richard Huskins takes an appeal to this tribunal. From the transcript it appears that in course of the trial before the county superintendent, the fact was developed that of the six members constituting the board of directors, but four were present at the special meeting called for the purpose of changing the district boundaries, and that of these four, only three voted for the order erecting the new sub- district. During the trial, a motion was made to dismiss the case on the ground of alleged illegality of the action of the board, as not in com- liance with the provision of section 31, of the School Laws of Iowa, aid motion was overruled by the county superintendent, on the as- sumption that said section, when properly interpreted, requires sim- ply an affirmative vote of a legally constituted quorum of the board at SCHOOL LAW DECISIONS. 57 Hiram Dayton v. District Township of Cedar. a meeting lawfully called, for the purpose of changing the boundaries of a district, and not an affirmative vote of a majority of the whole board. The whole case turns upon the decision of 'this point. In the case of Dupray v. District Township of Franklin, School Journal, April, 1870, a decision was rendered by the superintendent of public instruction, in accordance with such an interpretation of sec- tion 31 as makes it require an affirmative vote of the majority of all the members of the board to effect a change in district boundaries. See also note (b) to section 24, School Laws of Iowa. The testimony shows that the resolution ordering the erection of a new subdistrict did not receive the legal number of votes required to secure its adoption, and the decision of the county superintendent is therefore REVERSED. A. S. K1SSELL, Superintendent of Public Instruction. November 21, 1870. HIEAM DAYTON v. DISTRICT TOWNSHIP OF CEDAR. Appeal front Washington County. APPEAL. Where changes are effected in district boundaries by the con- current action of two boards, appeal may be taken from the order of the board concurring or refusing to concur, but not from the order of the board taking action first. On the 18th day of September, 1871, the board of directors of the district township of Cedar, Washington county, passed a resolution to attach a portion of subdistrict number three to subdistrict number ten, in the same township. On the 14th day of October, Hiram Dayton appealed from the action of the board to the county superintendent, who, on the 12th day of December, 1871, on motion of appellee, dismissed the case for want of jurisdiction. From this decision an appeal is taken to the superintendent of pub- lic instruction. From the transcript it appears that the subdistrict number three, concerning which the appeal is taken, is one of those school districts formed prior to March, 1858, and for which special provision was made when our present district township system was ad opted. It con- sists of about three sections of land in Cedar township and nearly the same amount in Seventy-six township, with its school -house in Cedar, and hence all under the control of the district township of Cedar for school purposes. 58 SCHOOL LAW DECISIONS. Hiram Dayton v. District Township of Cedar. Section 89, School Laws, provides that " the boundaries of such sub- district shall not be changed, except with the concurrence of the boards of directors of the townships interested." The board resolved that the west half of sections eighteen, nineteen, and thirty, lying in subdistrict number three, be attached to subdis- trict number ten for school purposes. The appellant in his affidavit alleges among other errors committed by the board, that they erred in attempting to attach this tract to num- ber ten, for the reason that said act was in effect dividing the subdis- trict without the concurrence of the board of directors of Seventy-six township, and therefore illegal. The attorneys for appellee file a demurrer to the affidavit " because the said affidavit shows that the concurrent action of the two boards is necessary to divide said subdistrict, 11 that this resolution being only the initiative act, does not divide the district, and is without force till concurred in by the other board, that no appeal can be had from an incomplete action, and that the appellant had as yet suffered no griev- ance, and had no ground of appeal. The county superintendent sustained the demurrer and dismissed the case for want of jurisdiction. This case involves an interesting question, and one, we believe, not hitherto determined by this department, viz.: In those changes of boundaries requiring the concurrent action of two boards, from which action, if any, will an appeal lie? In a somewhat analogous case, Dobbins and Briygs v. District Toivnship of Salem, a petition was presented to a board of directors to change the boundaries between a district township and an independ- ent district, the petition was refused; an appeal was taken to the county superintendent, who not only reversed their action, but decided to do more than the one board could have done, and ordered the changes to be made. This decision, we think, was very properly reversed; for the reason that the county superintendent coul'd not do on appeal what was clearly beyond the power of the board, from which the appeal was taken, the concurrence of another board being necessary to complete the action. Another question, however, wholly distinct from this, is, has a county superintendent any jurisdiction in such a case ? Can he properly affirm or reverse the decision of a board that initiates a movement which is completed or not at the option of another board? After careful con- sideration we are forced to the conclusion that he cannot. That an appeal will not lie from an order of a board of directors making a change in district township boundaries, where the concurrence of another board is necessary to make the change. Otherwise a county superin- tendent may have to entertain and decide upon two appeals in one and the same case. This, in our opinion, would lead to confusion and unnecessary litigation. The law provides that " any person aggrieved by any decision or order of the district board of directors, in matter of law, or fact, may appeal therefrom to the county superintendent." But if the order or decision is simply the initiative movement, though SCHOOL LAW DECISIONS. 59 W. W. Harvey v. District Township of Stapleton. the action is not void, it remains inoperative, and without force, until concurred in, and does not of itself constitute a cause of grievance. In our opinion, equal and full justice will be secured in all such cases, if the appeal is taken only from the action of the board concurring or refusing to concur with the former action of another board interested. From this we believe an appeal should lie. In the case before us, if the board of directors, as alleged in the affidavit, seek to do an illegal act, or refuse to perform any duty imposed by law, they can be restrained by injunction, or compelled to do their duty by a resort to the civil courts. It is therefore held that the county superintendent properly dismissed the case for want of jurisdiction, and his decision is therefore AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. March 22, 1872. W. W. HARVEY v. DISTRICT TOWNSHIP OF STAPLETON. Appeal from Chickasaiv Count y. 1. AFFIDAVIT. May be amended in the discretion of the county superin- tendent. 2. SUBDISTRICT. When a subdistrict composed of four sections of land has built its own school-house, it should not be consolidated with another as a temporary expedient to avoid the expense of maintaining a school. 3. . The formation of small or irregularly shaped subdistricts should be avoided. Upon the petition of William Fox and others, the board of directors of the district township of Stapleton, Chickasaw county, on the 6th day of February, 1872, changed the boundaries of subdistricts, whereby numbers six and seven were consolidated. Appeal was taken from this action by W. W. Harvey, to the county superintendent, who on the 25th day of March, 1872, reversed their action. The board, through their president, Michael Burns, appeal to the superintendent of public instruction. The irregularity of the notice to the members of the board will not invalidate their action. It is held that the superintendent did not err in permitting the affidavit to be amended. Smith r. District 1 own- ship of Maquoketa. The evidence adduced at the trial before the county superintendent aids but little in determining whether the action of the board or that of the county superintendent will best promote the interest district. 60 SCHOOL LAW DECISIONS. W. P. Davis v. District Township of Madison. The board seem to have decided that the school in subdistrict num- ber six might for the present be discontinued and proceeded to incor- porate that district with number seven, but it appears to have been only a temporary expedient, for the purpose of avoiding the expense of an additional school. If one school would suffice for the two subdis- tricts, the board might, doubtless, have obtained the consent of the county superintendent to discontinue the school in number six, and permit those of its pupils who reside farthest from the school-house in number seven, to attend school in the adjoining subdistricts. It is greatly to be regretted that townships are often divided into small sub- districts before such action is demanded by the best interests of the residents. The efficiency of the schools would be increased and the expense diminished if boards of directors in new and thinly populated townships would avoid the formation of small subdistricts. But when a subdistrict has been formed containing four sections, and a good school-house has been built in the center, especially if built as in this case by the subdistrict itself, boards should act with extreme deliberation, in making such changes as will require the removal of school-houses. The district formed by the board February 6, 1872, consists of seven and one-half sections of land, and contains according to the plat, six- teen families. The area is not considered too great when so thinly populated, but the length of the subdistrict as compared to its width and its irregular outline is a very objectionable feature, not only causing inconvenience to the residents of this subdistrict, but also preventing the formation of subdistricts of compact form from territory immediately adjoining. The board of directors may at their next regular meeting in Septem- ber, redistrict the township, or so much of it as may be necessary, making the subdistricts as compact and regular in shape as practicable, otherwise the decision of the county superintendent is AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. July 25, 1872. W. P. DAVIS v. DISTRICT TOWNSHIP OF MADISON. Appeal from Fremont County. 1. CONTRACTS. Contracts for the erection of school-houses, made by a subdirector or committee, require the approval of the board. 2. SCHOOL FUNDS: Disbursement of. The treasurer is the proper cus- todian of all funds belonging to the district, and can legally pay them out only upon orders specifying the fund on which they are drawn and the spe- cific use to which they are applied. The board cannot authorize the subdi- rector to use the public funds for any purpose. SCHOOL LAW DECISIONS. W. P. Davis v. District Township of Madison. 3. CLAIMS. Just claims against the district can be enforced only in the courts of law. 4. SUBDISTRICT. A subdistrict is not a corporate body, and has no con- trol of any public fund. The electors of the district township of Madison, Fremont county, on the llth day of March, 1871, voted a tax of two and one-half mills on the taxable property of the district township, for school-house pur- poses, and directed that three hundred dollars of the amount thus raised should be used for the erection of a school-house in subdistrict number nine. March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was appointed a committee to build a school-house in said sub- district. The house having been completed, at a special meeting of the board held June 1, 1872, it was moved that the report of the com- mittee be received, and the school-house be accepted; also, that the secretary be instructed to draw an order on the treasurer for three hundred dollars, for subdistrict number nine. Both motions were lost, from which action the said W. P. Davis appealed to the county super- intendent, who, on the 9th day of August, 1872, reversed the action of the board. The district township, through its president, W. H. Gandy, appeals to the superintendent of public instruction. The history of this case very fully illustrates the loose and irregular manner in which school officers too frequently transact official busi- ness. Section 15 of the School Laws provides that the board of direc- tors " shall make all contracts, purchases, payments, and sales necessary to carry out any vote of the district, but before erecting any school- house they shall consult with the county superintendent as to the most approved plan of such building." If the contract is made by a subdirector or committee of the board, it should in all cases be approved by the board before work is com- menced. A misapprehension often exists as to the manner in which school funds should be disbursed. The treasurer is the proper custodian of all funds belonging to the district township, and the law provides that he u shall pay no order which does not specify the fund on which it is drawn, and the specific use to which it is applied," i. e. for work done, material furnished, or the like. The board are also required to "audit and allow all just claims against the district, and no order shall be drawn on the district treasury until the claim for which it is drawn has been so audited and allowed." This rule applies equally where funds are voted by the district town- ship for the purpose of building school-houses in particular subdis- tricts, also where taxes have been raised on the property of subdistricts in accordance with the proviso of section twenty-eight. Such funds, or so much of them as may be required to carry out the vote of the electors, should be devoted to the specific object for which SCHOOL LAW DECISIONS. Sylvester Gullet v. District Township of Hilton. they were voted, but the disbursement should in all cases be under the direction and authority of the board. Boards have no authority to give subdirectors money to use in their subdistricts for building school-houses or any other purpose, nor sub- directors to use money so received. A subdistrict is not a corporate body, and has no control of any public fund. If Davis has a just claim against the district township of Madison which the board of directors refuse to allow, or if the board refuse to apply the amount voted by the electors to the specific object for which it was designed, viz. : the erection of a school-house in subdistrict num- ber nine, the civil courts only can furnish a means of redress. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. October 30, 1872. SYLVESTER GULLET v. DISTRICT TOWNSHIP OF HILTON. Appeal from Iowa County. CONTRACTS. The terms of a contract may be changed by agreement of the contracting parties. If either party seeks to evade or change its terms, with- out the consent and to the prejudice of the other, the remedy is a suit at law. At a meeting of the board of directors held November 7, 1872, a resolution was adopted, fixing the rates to be paid to teachers upon contracts made by the subdirectors for the winter term, at thirty dollars per month for teachers holding first class certificates, and at twenty- eight dollars per month for teachers holding second class certificates. It appears that under this order several of the sabdirectors entered into contracts with teachers. At a meeting of the board held December 28, 1872, they rescinded their former action, and adopted an order making thirty dollars and thirty-five dollars the respective rates to be paid; from this order appeal was taken to the county superintendent, who affirmed the action of the board, and Sylvester Gullet appeals to the superintendent of public instruction. There is no allegation of prejudice or fraud, nor does it appear from the transcript that the board were influenced by any improper motive ; the only questions presented are: First, Had the board authority to adopt a resolution changing the terms of contracts already made? If so, Second, Did they, in fixing the rates adopted at the meeting last held, exceed their authority, abuse their discretionary power, or act with manifest injustice? As regards the first question, the board have, through the sub- director, exclusive jurisdiction in contracting with teachers and deter- SCHOOL LAW DECISIONS. 63 J. D. Caldwell v. Stephen Peebles, County Superintendent. mining the prices to be paid; the original contracting parties have an undoubted right to change the terms of a contract by mutual agree- ment. If either party seeks to evade or change its terms, without the consent and to the prejudice of the other, the remedy is a suit at law. In fixing the rates to be paid at thirty dollars and thirty-five dollars, it is believed that the board in no manner exceeded their authority, abused their discretionary power, or acted with injustice. The decision of the county superintendent is therefore AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. May 21, 1873. J. D. CALDWELL v. STEPHEN PEEBLES, COUNTY SUPERINTENDENT. Appeal from Mills County. 1. REVOCATION OF TEACHER'S CERTIFICATE. A teacher's certificate can be legally revoked only upon proof of charges of which he has had personal notice, and against which he has had the opportunity to make his defense. 2. . A person addicted to the use of intoxicating liquors who even occasionally becomes intoxicated is not likely to promote correct moral teaching in the public schools by his example, nor to possess such moral character as to entile him to a teacher's certificate. Complaint having been made to the county superintendent that J. D. Caldwell, a teacher, was addicted to the use of intoxicating liquors, an examination of the charges was made May 10, 1873, as provided by law, the result of which was the revocation of Mr. C aid well's cer- tificate. Mr. Caldwell appeals to the superintendent of public instruc- tion. We need not comment upon the testimony in the trial, since the county superintendent admits that the specifications contained in the complaint were not sustained. Facts, however, were developed inci- dentally, in the examination of witnesses, apart from the direct issues involved, to satisfy the county superintendent that the defendant does not possess a good moral character, and we are not sure but his con- clusions are properly deducible from the evidence. The law, however, providing for the revocation of certificates, re- quires that it shall only be " after an investigation of facts in the case, of which investigation the teacher shall have personal notice, and he shall be permitted to be present and make his defense." In this instance, certain charges were preferred in an information, of which the teacher had due notice, and, as it appears, successfully de- fended himself against the charges made, and there rested his case. 64 SCHOOL LAW DECISIONS. James Bunn v. District Township of Douglas. It is, perhaps, doubtful if the superintendent has the authority to revoke a certificate upon evidence incidentally developed in the trial, however damaging in its nature, the substance of which was not con- tained in the original notice, and against which no defense was at- tempted. We fully agree with the superintendent that a person addicted to the use of intoxicating liquors, who even occasionally becomes intoxi- cated, and who is in the habit of visiting disreputable beer saloons, does not possess that degree of moral character to entitle him to a teacher's certificate under our statute. We cannot too highly commend the efforts of county superintendents to promote correct moral teaching in the public schools through the example of the teacher. Disqualifications of this nature should be fully proved, and in the manner prescribed by law; and we reluctantly set aside this decision, believing that the superintendent was actuated by worthy motives, and did the act solely with a view to promote the good of the schools, and in the conscientious discharge of a public duty. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. May 31, 1873. JAMES BUNN .v. DISTRICT TOWNSHIP OF DOUGLAS. Appeal from Ida County. 1. CONTRACTS. The district township is bound by the contract of the subdirector when made according to instructions of the board. 2. . If a subdirector enter into a contract on behalf of the district, without authority of the board, he does so at his own risk ; such contract is not binding upon the district unless approved by the board. 3. RULES AND REGULATIONS. The power to prescribe rules and regula- tions for the government of the board is not a function of the electors. A rule adopted by the board, and not a provision of law, may be modified at the option of the board. A contract for furnishing the school-houses in subdistricts numbers one and two with new seats, was approved by the board of directors; the county superintendent, upon appeal, affirmed this action of the board; James Buiin appeals to the superintendent of public instruc- tion. It is claimed by the appellant: 1. That the contract was made without authority from the board. SCHOOL LAW DECISIONS. D. K. Taylor v. Independent District of Eldon. 2. That new seats could not be legally purchased without a vote of the electors. 3. That by rule of the board public notice should be given before making any contract, except with teachers. The district township is bound by the contract of the subdirector when made and entered into according to the specific instructions and directions of the board. Thompson v. Linn, 35 Iowa, 361. If a subdirector enters into a contract on behalf of the district, with- out being authorized by the board, he does so at his own risk; such contract is not binding upon the district unless approved by the board; being approved, however, the district becomes responsible for the per- formance of the contract on its part. Affirmative action of the elec- tors is not required by law before the board of directors can procure new seats for a school-house. Sec. 42, School Laws of 1872, note (a), also notes (a) and (b) to section 1848. It appears from the transcript that the rule mentioned was adopted and prescribed by the district township meeting, and not by the board of directors; the power to prescribe rules and regulations for the gov- ernment of the board of directors, except as specifically named in the law, is not a function of the electors when assembled at the district township meeting. Any rule adopted by the board, and not a provis- ion of law, may be modified or disregarded at the option of the board. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. December 2, 1873. D. K. TAYLOR v. INDEPENDENT DISTRICT OF ELDON. Appeal from Wapello County. 1. APPEAL. Appeal may be taken from an action of the board which authorizes the making of a contract, but not from a subsequent action or order complying with the terms of a contract previously made ; nor from an action authorizing the issuance of an order in payment of a debt contracted by previous action of the board. 2. A case whose sole purpose is to determine the validity of an order on the district treasury, or the equity of a claim, cannot be enter- tained on appeal to the county superintendent; the courts of law, alone, can furnish an adequate remedy. Prom the transcript it appears that on the 3d day of December, 1873, the board passed an order authorizing the payment of five per cent commission for negotiating the district bonds, and on the same day another order authorizing D. P. Stubbs to negotiate said bonds. On the 3d day of February, 1874, the board passed an order instruct- SCHOOL LAW DECISIONS. A. Beard et al. v. District Township of Washington. ing the president and secretary to draw an order for $90 on the district treasury in favor of said D. P. Stubbs, for services rendered in nego- tiating said bonds, in accordance with the previous action of the board on December 3, 1873. From the action of the board in issuing said order of $90 this appeal was taken. The county superintendent dismissed the case, on the ground that it was an action authorizing the payment of money, and a decision thereon would be equivalent to rendering a judgment for money, which is prohibited by the provisions of section 1836, Code. D. K. Taylor again appeals. Appeal may be taken from any action of the board which authorizes the making of a contract, but not from a subsequent action or order complying with the terms of a contract previously made; or from an action authorizing the issuance of an order in payment of a debt con- tracted by a previous action of the board. The order appealed from in this case is not a new action of the board, but a necessary result of the order of December 3, 1873. If the first action was legal and proper, the last is both proper and necessary, the services having been performed. Any interested party might have appealed, at the proper time, from the action of December 3, authoriz- ing the payment of five per cent commission for negotiating bonds or authorizing the appointment of an agent therefor. But the time for an appeal (thirty days) having expired, appeal cannot now be taken from the subsequent action, which is simply carrying out their pre- vious action, and the terms of the contract made thereunder. In the case of Winters et al. v. District Township of Clay, it is held that, to determine the validity of an order on the district treasury, or the equity of a claim, is equivalent to the rendition of a judgment for money, and a case whose sole purpose is to determine this question cannot be entertained on appeal; that the courts of law alone can fur- nish an adequate remedy, if the law has been violated, or the interests of the district have suffered by the making of contracts or the issuing of orders for money on the treasury. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. May 5, 1874. A. BEARD et al. v. DISTRICT TOWNSHIP OF WASHINGTON. Appeal from Ring gold Count)]. 1. SUBDISTRICT BOUNDARIES. Subdistrict boundaries can be changed only by affirmative vote of a majority of all the members of the board of directors. 2. APPEAL. Appeal will not be entertained from the action of the board in rescinding a previous illegal action. SCHOOL LAW DECISIONS. 57 E. Watson v. District Township of Exira. The board of directors of the aboVe named district consists of four members. On the 24th day of January, 1874, three members of the board met, pursuant to notice, for the purpose of forming a new sub- district to consist of sections 27, 28, 33, and 34. Upon motion to estab- lish said subdistrict, two of the members voted in the affirmative and one in the negative; by this action the subdistrict was considered as formed, and was so entered upon the record. On February 14, the board met pursuant to notice, for the purpose of reconsidering their action of January 24. Upon motion that the action of the board in establishing said subdistrict be annulled, three members voted in the affirmative, and one in the negative. From this action appeal was taken to the county superintendent, who simply reversed the action of the board. I. F. Howell et al. appeal to the superintendent of public in- struction. Section 1738, School Laws of 1873, provides that the boundaries of sub- districts shall not be changed, except by a vote of the majority of the board. Therefore, the subdistrict in question was not legally estab- lished by the action of the board of January 24; their subsequent action relative thereto may properly be considered as simply correcting the records of the meeting. Neither would the action of the county superintendent in reversing such action, have the effect to establish the subdistrict. Since the action of the board was entirely proper under the circum- stances in making such correction, the decision of the county superin- tendent is hereby REVERSED. ALONZO ABERNETHY, Superintendent of PubUc Instruction. June 4, 1874. E. WATSON v. DISTRICT TOWNSHIP OF EXIRA. Appeal from Audition County. PUNISHMENT. The punishment of a pupil with undue severity, or with an improper instrument is unwarrantable, and may serve, in some degree, to indicate the animus of the teacher. Charges were preferred against E. Watson, a teacher in the schools of the district above named, for harsh and unreasonable punishment of a pupil; upon investigation the teacher was discharged; from this action of the board he appealed to the county superintendent who reversed their action. The district appeals to the superintendent of public instruction. From the evidence, it appears that the pupil, upon whom t e pun- ishment was inflicted, was a boy thirteen years of age, and that the 68 SCHOOL LAW DECISIONS. Sanford Harwood v. Independent District of Charles City. offense was such that punishment was deserved. The instrument se- lected for inflicting punishment was a hickory stick, three-fourths of an inch in diameter at one end, and one-half inch at the other, and fifteen or eighteen inches long. The punishment was inflicted by striking upon the palm of the hand from eight to twelve strokes. It appears that the boy's hand was thereby disabled for some days. It is alleged by the teacher, that the punishment was inflicted for the good of the school, and that it was without malice on his part. We consider the selection of such an instrument for the punishment of a pupil injudicious, unwarrantable, and dangerous, and that consequences might be fraught with the gravest results, and that such selection may serve in some degree, to indicate the animus of the teacher. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. June 6, 1874. SANFORD HARWOOD v. INDEPENDENT DISTRICT OF CHARLES CITY. Appeal from Floyd County. 1. PUNISHMENT : Right to inflict upon pupils. The right of the parent to restrain and coerce obedience in children applies equally to the teacher, or to any one who acts in loco parentis. 2. RULES AND REGULATIONS. Boards of directors and their agents, the teachers, may establish reasonable rules for the government of schools and the control of pupils. 3. . The teacher has the right to require a pupil to answer ques- tions which tend to elicit facts concerning his- conduct in school. 4. . The pupil is answerable for acts which tend to produce merri- ment in the school or to degrade the teacher. 6. - . Open violation of the rules of the school cannot be shielded from investigation under the plea that it invades the rights of conscience. 6. BOARD OF DIRECTORS. The board should be sustained in all legiti- mate and reasonable measures to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubordi- nation in the school. This case involves .the right of a teacher to require a pupil to answer questions concerning his conduct in school, or to testify against himself. Burritt Harwood, a member of the high school department, having broken certain rules of the school, was suspended by the superintend- ent for refusing to answer a question relating thereto. The pupil's SCHOOL LAW DECISIONS. Sanford Harwood v. Independent District of Charles City. father petitioned the board of directors to restore the pupil. The board having investigated the facts adopted the following: " Resolved, That the school board sustain Prof. Shepard in his sus- pension of Burritt Harwood. provided, Burritt Harwood be reinstated if he answer the question, for the refusal to answer which he was sus- pended, subject to such further action as may be taken by the princi- pal or school board for making and circulating the caricature." The president and four other members voting for, and one against the resolution. From this action of the board, S. Harwood appealed to the county superintendent, who reversed their action. The board, through their president, appeal to the superintendent of public instruc- tion. The power of the parent to restrain and coerce obedience in children cannot be doubted, and it has seldom or never been denied. This principle applies equally to the teacher or to any one who acts in loco parentis. Boards of directors and their agents, the teachers, may establish all reasonable and proper rules for the government of schools, and to control the conduct of pupils attending the same. " Any rule of the school not subversive of the rights of the children or parents, or in conflict with humanity and the precepts of divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper." Bur dick v. Babcock, 31 Iowa, 562. The superintendent had occasion to leave the high school in charge of his assistant while he should attend to official duties elsewhere. On his return about 4 p. M., the assistant reported that there had been much disorder on the part of some of the pupils, and that she had re- quired several of the pupils to remain and report their misdemeanors to the superintendent. Burritt Harwood being called upon, said, in substance, I have two misdemeanors to report: I threw snow into the lower hall during recess, and I passed a piece of paper across the aisle to my brother's desk. Both are recognized as violations of the rules of the school. The nature and magnitude of the first are readily discernible and need no further investigation; not so of the second, much depends upon the character of the " piece of paper," whether simply blank paper, or containing writing, or other marks; being asked to state the nature of the paper, he at first answered evasively. Being further questioned, he replied that it was " pictorial"; that it was a " burlesque or caricature," that " it represented the school-house and some person or persons," that "the person or persons represented were connected with the school." The further question " whom he had in- tended to burlesque," after some hesitation, he declined to answer. For this act of disobedience he was suspended. The question which he refused to answer appears to differ in no es- sential feature from those previously answered. By it the teacher simply sought to discover an additional fact in connection with the case. If he had a right to ask the former he had the latter. If there is any reason why the pupil had the right or should claim the privilege of declining to answer the last, he should have stated it. Certainly no 70 SCHOOL LAW DECISIONS. Sanford Harwood v. Independent District of Charles City. good reason appears from the nature of the offense, and the degree of punishment which it merited depended upon the information which the teacher sought to obtain by this and the previous question. If the pa- per contained simply the solution of a problem or something connected with his lesson, it merited one degree of punishment; if its purpose was to create merriment among the pupils, thus diverting their atten- tion from their studies, it required another degree; if by it the pupil sought to bring ridicule upon a teacher, to the prejudice of the good order and government of the school, still another; each would be a violation of rules, but not each equally punishable. The claim of ap- pellee that it was an attempt to pry into the secrets of the heart, and was a violation of the right of conscience, is scarcely sustained by the facts. The question "whom did you intend to represent," is essen- tially equivalent to " whom did you represent. 1 ' Its purpose evidently was not to find out the thought or intent, but the act of the pupiL The question was simply, what was the character of the picture drawn and circulated to the disturbance of the school. It does not appear how the rights of conscience would be violated in answering the ques- tion. It may be true that the picture itself if produced, would furnish the best evidence, but the teacher clearly had the right, in its absence, and knowing nothing of its nature beyond what the pupil had already revealed, to seek this information directly and immediately by proper questions. Nor can the pupil shield himself under the provision of the law that a prisoner at the bar cannot be compelled to answer ques- tions which will tend to render him criminally liable or expose him to public ignominy. He is, in no proper sense accused of crime before a court of law, authorized to sit in judgment under a criminal code. The picture, which was afterwards produced, reveals anything but a right spirit in the pupil. Probably no one who has seen it doubts that it is a coarse caricature of the superintendent and his assistant. His refusal to answer was evidently not that he could not conscientiously do so, nor that it would tend to criminate himself, but was a deliberate act of insubordination. All the attendant circumstances, the evasive and studied replies to the superintendent's questions, the caricature itself, and its circulation through the school during the absence of the superintendent, together with a previous malicious caricature of the same nature, all reveal a disregard for the regulations of the school, the respectful conduct due from a pupil, and an animus toward the teacher anything but proper. In pur opinion unnecessary stress was laid, in the trial before the superintendent, upon the technical ground of suspension by the super- intendent. The board having had the whole, subject under investiga- tion, including statements of the offenses from both the superintendent and the pupil, sustained the superintendent, or in other words, sus- pended the pupil conditionally from the school, as they probably had a right to do for any one of the offenses named. This being a discretion- ary act, due weight must be given to such action by an appellate tri- bunal, especially should the board be sustained in all legitimate and SCHOOL LAW DECISIONS. N. D. Purdham v. District Township of Jackson. reasonable measures to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubor- dination in the school. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. June 8, 1874. N. D. PURDHAM v. DISTRICT TOWNSHIP OF JACKSON. Appeal from Sac County. APPEAL. Appeal will not lie from the neglect of the board to act on a petition. A special meeting of the board of directors of the above named dis- trict was held March 23, 1874, to consider a petition asking the re- moval of the school-house in subdistrict number three. The board decided not to move the school-house. On the 28th day of the same month another meeting of the board was held, and a petition was pre- sented by N. D. Purdham, again asking the removal of the school- house mentioned. From the secretary's transcript it appears that no official action was taken by the board relating to this petition ; where- upon, N. D. Purdham appealed to the county superintendent, who en- tertained the appeal and ordered the removal of the school-house as requested by the petitioners; from this decision the district township appeals. The law provides: "Any person aggrieved by any decision or order of the district board of directors in matter of law, or of fact, may within thirty days after the rendition of such decision, or making of such order, appeal therefrom to the county superintendent of the proper county." If no official action is taken, regarding a petition presented to the board of directors, no appeal will lie, neither can the county super- intendent acquire jurisdiction of the subject-matter of such petition upon the filing of an affidavit with him. As the want of action on the part of the board is decisive of this case, it is unnecessary to discuss other points raised. The decision of the county superintendent is re- versed and the case dismissed. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. July 7, 1874. 72 SCHOOL LAW DECISIONS. T. J. Rook v. District Township of Liberty. T. J. KOOK v. DISTRICT TOWNSHIP OF LIBERTY. Appeal from Clarke County. SCHOOL-HOUSE TAX. All taxes voted by the district township meeting must be apportioned among the subdistricts. All taxes voted by the sub- district meeting which the district township neglects or refuses to grant, must be certified and levied upon the subdistrict. The board have no option but to obey the requirements of the law. Under the provisions of section 1778, School Laws of 1874, the electors of subdistrict number six, of the above named district township, voted to raise the sum of four hundred dollars for the erection of a school- house; the sum was properly certified to the district township meeting, which refused to grant the request. The board of directors certified the amount to the board of supervisors to be levied directly upon the subdistrict making the request. From this action appeal was taken to the county superintendent who affirmed the action of the board. T. J. Rook appeals. The errors alleged to have been committed are: 1. That the township electors neglected or refused to grant the re- quest of the electors of subdistrict number six. 2. That the board refused to apportion the amount voted by the subdistrict among the subdistricts of the township. It is wholly discretionarj 7 with the township electors whether such requests are granted or not; from their action no appeal can be taken. If they vote to grant such request, the amount must be apportioned by the board among the subdistricts of the township; if they neglect or refuse to grant it, the amount must be certified to the board of super- visors, to be levied directly upon the subdistrict making the request. Section 1778, School Laws of 1874. The board of- directors have no option in such case; it is their duty simply to obey the requirements of the law. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. October 5, 1874. SCHOOL LAW DECISIONS. * 73 Henry Brewer et al. v. District Township of Washington. HENRY BREWER et al. v. DISTRICT. TOWNSHIP OF WASHINGTON. Appeal from Van Bur en County. REHEARING. The county superintendent may, for sufficient cause, grant a rehearing. The action of the board in refusing to form a new subdistrict, num- ber two, of the above named district township, was affirmed by the county superintendent. After the rendition of the decision a motion and affidavit were filed by the appellants asking that a new trial be granted, the affiants al- leging that the evidence was not properly taken down at the time of the trial; also, that new evidence had been discovered, materially af- fecting the question at issue. The motion was granted by the county superintendent. At the subsequent trial the appellee filed a motion to dismiss the case upon the following grounds: "1. That no sufficient affidavit was filed in the first instance, and that the superintendent never acquired jurisdiction. u 2. The rehearing was granted without authority of law." This motion was overruled by the superintendent. The trial resulted as before, in the affirmance of the action of the board. Henry Brewer et al. appeal. At the trial before the superintendent of public instruction the ap- pellee filed a motion to dismiss the case upon the ground: 1. That the county superintendent had no jurisdiction to grant a new trial. 2. That if he had authority to grant a new trial, it could only be for sufficient cause, and that no such cause was shown. It is held that the county superintendent may, for sufficient cause, grant a new trial, and in so doing should be governed by the principles and rules pertaining to courts of law, so far as the same are applicable. Although some doubts may exist as to the sufficiency of the reasons assigned for granting a new trial in this case, and of the regularity of the proceedings, yet, since the second trial resulted as the first, and was without prejudice to the interests of the appellee, the discretion of the county superintendent will not be interfered with; the case is, there- fore, properly before the superintendent of public instruction for a consideration of its merits. From a careful examination of the evidence, it is found that the in- justice complained of is not of such a character as to require any in- terference with the action of the board, or of the county superintend- ent AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. February 11, 1875. 10 74 SCHOOL LAW DECISIONS. John 8. David v. Independent District of Burlington. JOHN S. DAVID v. INDEPENDENT DISTRICT OF BURLINGTON. Appeal from Des Monies County. 1. SCHOOL. Every person between the ages of five and twenty-one years has the right to attend school in the district in which he resides, regardless of considerations relating to race, nationality, the holding of property, or the payment of taxes. 2. . The payment of school taxes does not entitle non-residents to school privileges. 3. . The board have authority to determine when, and upon what terms, non-resident pupils may attend the schools of their district. This appeal is brought to compel the board of directors of the inde- pendent district of Burlington to admit into the public schools of said district appellant's children, without payment of tuition, on the ground that he is a large tax-payer in the district: the county superintendent having affirmed the action of the board in refusing to admit them. The appellant resides about a mile beyond the limits of the independ- ent district of Burlington, and near the school in his own district; but he claims that this school is not of suitable grade for his children. The law requires the board of directors to provide school facilities for all the children in their own district, and contemplates that they shall, in all cases, determine whether children who are not residents, shall be permitted to attend the schools thereof, and upon what terms. Section 1793. It is claimed by the appellant that his children are entitled to attend school in the independent district of Burlington without the payment of tuition, for the reason that he owns property in said independent dis- trict, and pays taxes thereon; and if the payment of taxes could ever entitle a person to such privileges, it doubtless would in this case, as he introduces the certificate of the county auditor to show that his school taxes for 1874 were $406.08. There is, however, no provision of law upon which to base such claim; nor would such provision well accord with the spirit of our laws relating to public schools. These laws are founded upon the broad principle that every person in the state between the ages of five and twenty-one years, is entitled to the privilege of attending the public schools. This principle is wholly unencumbered by an} 7 considerations relat- ing to race, nationality, the holding of property, or the payment of taxes. To prevent confusion and the over-crowding of particular schools, it is necessary to point out what school each pupil has the right to at- tend. A more equitable rule could not have been devised, than that which prescribes that the pupil may attend school in the district in which he resides. The simplicity and equity of this rule are apparent. SCHOOL LAW DECISIONS. 75 W. R. Jamison v. District Township of Pittsford. Every person has one place of residence, and no more; the place of residence is generally determined without difficulty, and is not usually abandoned for trivial causes. To introduce any conditions into the laws dependent upon property considerations, would be to outrage the fundamental principles of our free school system. To further promote the convenience of the people, and to give elas- ticity to the rule, the board of directors may, when circumstances re- quire, permit non-resident pupils to attend the schools of their district. AFFIRMED. ALGNZO ABERNETHY, Superintendent of Public Instruction. February 20, 1875. W. R. JAMISON v. DISTRICT TOWNSHIP OF PITTSFORD. Appeal from Butler Countij. SUBDISTRICT. The area of a subdistrict which contains less than fifteen pupils, cannot legally be reduced, even though by such reduction no pupils are transferred. The county superintendent reversed the action of the board, chang- ing subdistrict boundaries so as to form two additional subdistricts. S. B. Dumont and A. L. Bickford appeal. Previous to the action of the board from which appeal was taken, the district township of Pittsford was divided into six subdistricts, in one of which, number three, there reside but twelve persons of school age. Territory was taken from this subdistrict in the formation of each of the two additional subdistricts which were designated number seven and number eight. Eight persons of school age reside upon the territory taken from number three, in the formation of number eight; but none upon the territory which was allotted to number seven. Section 1725, School Laws of 1874, provides that "no subdistrict shall be created for the accommodation of less than fifteen pupils." The creation of such subdistrict by reducing one already formed, is, in our opinion, as fully prohibited by this provision as is the formation of a new subdistrict containing less than fifteen pupils. If it is con- ceded that by a change of boundaries a subdistrict is not identical with the one which existed prior to such change, but is in some measure a new subdistrict. it follows that the territory of any such subdistrict which existed previous to the taking effect of this law, cannot be in- vaded, whether by such action pupils are, or are not transferred to another subdistrict. 76 SCHOOL LAW DECISIONS. A. B. Reed et al. v. District Township of Union. Other questions are raised, but as the one already considered is de- cisive of the case, any further discussion is unnecessary. The decision of the county superintendent is AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. June 11, 1875. A. B. REED et al. v. DISTRICT TOWNSHIP OF UNION. Appeal from Mahaska County. 1. SUB DISTRICTS. Other things being equal, both territory and school pop- ulation should be about equally divided among the subdistricts of a district township. 2. . One subdistrict should not ordinarily have an excess over the average subdistrict of the district township botJt in territory and school population, nor should it lack in both. The action of the board in changing subdistrict boundaries was affirmed by the county superintendent; from this decision A. B. Reed appeals. Previous to the action of the board, from which appeal was taken, subdistrict number seven comprised two sections of land, upon which reside about forty persons of school age. The board added three sec- tions from snbdistrict number three, upon which reside some thirty pupils, leaving but three sections and about twenty-two pupils. It is claimed that by this increase of area in subdistrict number seven to five sections, and the consequent increase of pupils to seventy, a portion of the latter are deprived of school privileges. This leads to a consideration of the proper basis and manner of dividing a district township into subdistricts. It would seem, other things being equal, that both territory and school population should be about equally di- vided among the subdistricts of the district township. When the population is not uniformly distributed, which is generally the case, it would appear that no one subdistrict should have an excess over the average subdistrict of the district township, both in territory and in school population; nor should any one subdistrict lack both in ter- ritory and in school population, unless by reason of some controlling circumstance. The location of public roads, streams, or any other obstruction, should always be taken into consideration. In this case, area and school population are the only essential elements. The aver- age area of a subdistrict in the township, is four and one-half sections. The school population, according to the last annual report of the county superintendent, averages 57.5 to each subdistrict. Hence, we find that subdistrict number seven lacked both in area and school SCHOOL LAW DECISIONS. 77 J. W. Hubbard v. District Township of Lime Creek. population, and that its boundaries should have been enlarged; but we also find that the subdistrict from which territory was taken, was re- duced below the average, both in school population and in area, while the subdistrict thus enlarged, is in excess in both. We trust that the board will, as soon as practicable, remove these inequalities by a redivision of the entire district township into subdis- tricts. Questions as to the validity of the action of the board are also raised, but we do not find that they have, in any manner, acted con- trary to the requirements of law. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. June 21, 1875. J. W. HUBBARD v. DISTRICT TOWNSHIP OF LIME CREEK. Appeal from Cerro Gordo County. 1. APPEAL. The execution by the board of the vote of the electors upon matters within their control, is mandatory ; from such action of the board no appeal can be taken. If such action is tainted with fraud, an application to a court of law is the proper remedy. 2. BOARD OF DIRECTORS. The board, though not bound by a vote of the electors directing the precise location of a school-house site, are required to so locate it as to accommodate the people for whom designed. 3. . If, in the selection of a site, the board violate law or abuse their discretionary power, their action may be reversed on appeal. The electors of the district township voted a tax to build a school- house on what is known as the Simons road, near where it crosses the Central railroad. On a separate motion, the board were instructed to sell the school-house known as number three. In accordance with the first mentioned action, the board located a school-house site on said road, fifty feet from said crossing. From this action appeal was taken; the appellant claiming it to be a relocation of the site known as num- ber three; and that such action was with the express intention of sell- ing the school-house and abandoning the site thereof. The county superintendent reversed the action of the board. From this decision the district township appeals. The district township coincides with a congressional township, in boundaries and extent, and is comprised in one subdistrict. It is claimed that the action of the district township meeting did not repre- sent the wishes of the people; that there are ninety-five voters in the district, and but twenty-seven were present at such meeting; also, that in the location of the site, the board did not consult the convenience of the people. 78 SCHOOL LAW DECISIONS. E. Gosting v. District Township of Lincoln. Section 1717, School Laws, 1874, provides, that the electors of the district, when legally assembled at the district township meeting, shall have power u To direct the sale, or other disposition to be made of any school-house, or the site thereof, and of such other property, personal and real, as may belong to the district." Section 1723 provides that the board of directors " shall make all contracts, purchases, payments, and sales, necessary to carry out any vote of the district." Section 1724 provides that the board of directors " shall fix the site for each school-house, taking into consideration the geographical posi- tion and convenience of the people of each portion of the subdistrict." The execution of the vote of the electors by the board is mandatory; from their action in so doing no appeal can be taken. In case such action is in any manner tainted with fraud, an application to a court of law is the proper remedy. The power to locate school-house sites is vested originally in the board of directors. Although the board have authority to locate school- house sites, yet money legally voted by the electors for a specific pur- pose, must be expended in accordance with such vote; if voted to erect a school-house, in a certain subdistrict, it cannot legally be used to build a school-house in another; while any directions of the voters attempting to locate, precisely, a school-house site, are void, yet the board is bound so to locate it as to accommodate the people for whom designed; in the absence of such instructions, the board may exercise more widely their discretion in fixing school-house sites. If, in the performance of this duty, they violate law, act with mani- fest injustice, or in any manner show an abuse of discretionary power, their action may properly be reversed by the county superintendent. In this case we do not discover that the board have in any manner failed in the proper performance of their duty. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. July 7, 1875. E. GOSTING v. DISTRICT TOWNSHIP OF LINCOLN. Appeal from Plymouth County. 1. SCHOOL-HOUSE SITE: Location of. The action of a committee ap- pointed by the board to locate a site is of no force until officially adopted by the board while in session. 2. . Subdistrict boundaries cannot be changed upon an appeal re- lating solely to the location of a site, nor can a site be located with the expectation that boundaries will be changed, unless such is shown to be the intention of the board. SCHOOL LAW DECISIONS. 79 E. Gosting v. District Township of Lincoln. 3. APPEAL. The right of appeal is confined to persons injuriously affected by the decision or order complained of. Ordinarily a person living in one subdistrict cannot properly appeal from an action of the board locating a site in another. A committee appointed by the board of the above named district township to locate a school-house site for the accommodation of the residents of subdistricts numbers seven and nine, reported that they had selected the north-west corner of section ten; and afterward that they had chosen instead, a site about eighty rods east of the north- west corner of section eleven. There is no record showing that any action was taken by the board in relation to these reports. Subdistrict number nine consists of the east one-half of congres- sional township number 90, range 45. E. Gosting, the appellant, resides in subdistrict number seven, which comprises the west one-half of the same congressional township. The decision of the county superintendent is as follows: "After consider- ing the evidence and the plat introduced, I sustain the committee in their first location at the north-west corner of section ten, of said town- ship." From this decision D. M. Relyea appeals. The power to locate school-house sites is vested in the board of di- rectors. Section 1724, School Laws of 1874. The action of a commit- tee appointed by the board to locate a school-house site is of no force until their report is officially adopted by the board while in session. Section 1725 provides that the board of directors " shall determine where pupils may attend school; and for this purpose may divide their district into such subdistricts as may by them be deemed necessary." The object of dividing a district township into subdistricts is to deter- mine where pupils shall attend school. While it is frequently the case that pupils may more conveniently attend school in an adjoining sub- district, it would obviously be improper to locate a school-house site, ex- pressly for the accommodation of such pupils, unless with the intention of subsequently making a redivision of the district township. The county superintendent has jurisdiction only of the matter to which the appeal relates. He cannot properly upon an appeal relating to the location of a school-house site change subdistrict boundaries; nor can he locate a school-house site with the expectation that such boundaries will ultimately be changed, unless such is shown to be the intention of the board. The right to appeal from actions of the board is confined to persons injuriously affected by the decision or order of which complaint is made. Section 1829. Ordinarily, a person living in one subdistrict cannot properly appeal from an action of the board locating a school- house site in another. The decision of the county superintendent is set aside, and the loca- tion of the school-house site is left to the discretion of the board of directors. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. September 7, 1875. SCHOOL LAW DECISIONS. J. E. Brown v. District Township of Van Meter. J. E. BROWN v. DISTRICT TOWNSHIP OF VAN METER. Appeal from Dallas County. 1. APPEAL. The adoption of the committee's report in favor of retaining the old school-house site, is an action from which appeal may be taken. 2. BOARD OF DIRECTORS. The action of the board cannot be reversed upon the allegations of appellant without proof, or by reason of failure of the board to make defense. 3. . The acts of the board are presumed to be regular, legal, and just, and should be affirmed on appeal, unless proof is brought to show the contrary. 4. : Discretionary acts of . The weight which properly attaches to the discretionary actions of a tribunal vested with original jurisdiction, does not apply to the decisions of an inferior appellate tribunal. The county superintendent reversed the action of the board in se- lecting the old site in subdistrict number two, upon which to erect a new school-house, and located the site about eighty rods westward of the old one. From this decision the district township appeals, claiming in sub- stance that the county superintendent erred as follows: 1. That there was no action of the board relative to the selection of a school-house site in subdistrict number two from which an appeal would lie. 2. That the board failed, by reason of a misunderstanding, to appear and defend, and that they were unjustly refused a rehearing. 3. That the old site was suitable, convenient, and at the center of population, both present and prospective; and that the reversal of the action of the board was without sufficient cause, there being no evi- dence that they abused their discretionary power or acted with in- justice. From the transcript it appears that a committee was appointed to se- lect a site for the erection of a school-house in subdistrict number two; that they reported in favor of the old site, and that their report was adopted by the board. The law provides that an appeal may be taken by any party aggrieved, from any order or decision of the board of directors. That there was an action of the board, and that the subject-matter to which such action relates is the location of a school-house site in subdistrict number two, there can be no reasonable doubt; hence, the action of the board was subject to appeal, and such appeal gave to the county superintendent jurisdiction in the matter of the location of said school-house site. Grosting v. District Tote H ship of Lincoln. It is the duty of the county superintendent to give due notice to all parties directly interested in an appeal from the board of directors, and to afford full opportunity for the presentation of evidence; but the ac- SCHOOL LAW DECISIONS. g [ Geo. N. Shore v. District Township of Pleasant. tion of the board cannot properly be reversed upon the allegations of the appellant without proof, or by reason of the failure of the board to be present and make defense. The acts of the board are presumed to be regular, legal and just, and should be affirmed by the county super- intendent unless proof is brought to show the contrary. Bacon et al. v. District Township of Liberty. In this case, however, the board ap- pear to have had due notice and ample opportunity to defend the case. it is not claimed that any additional evidence could be produced that would materially affect the issue; but that the board, understanding through popular report that the case was withdrawn, failed to be pres- ent at the trial, and upon this ground ask for a rehearing, which was very properly refused. The site selected by the county superintendent is nearly central, being eighty rods west of that chosen by the board. Both appear to be suitable. The eastern part of the subdistrict is mostly prairie land, while the western portion is, to a considerable extent, timber land. The evidence as to which site will better subserve the interests and convenience of the residents of the subdistrict is conflicting. The board is entitled to the benefit of any doubt upon this point. Unless it is clearly proven that they have violated law, abused their discre- tionary power, or have acted with manifest injustice, their action should be affirmed. Edwards v. District Township of West Point; Whicker v. District Township of Chariton. It is urged by the appellee that the same weight attaches to actions of an inferior appellate tribunal, upon appeal, that is given to tribu- nals having original jurisdiction. It is held that the action of the board of directors, in matters of which they have original jurisdiction, is alone entitled to this consideration by any superior tribunal upon appeal. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. September 17, 1875. GEO. N. SHORE v. DISTRICT TOWNSHIP OF PLEASANT. Appeal from Lucas County. BOARD OF DIRECTORS. The board should be sustained when there is a reasonable degree of doubt as to the propriety of interfering with their action. The action of the board in refusing to select a more central site m subdistrict number eight, and to remove the school-house thereon, was sustained by the county superintendent. Geo. N. Shore /v 1 y> Of THX 82 SCHOOL LAW DECISIONS. D. C. Randall et al. v. District Township of Lincoln. Subdistrict number eight of the above mentioned district township comprises sections 27, 28, 33, 34, of township 73, range 20. Cedar creek flows north-easterly through the subdistrict, dividing it into two nearly equal parts. An east and west public road bisects the subdis- trict. The bridge across Cedar creek, upon this road, is within a few rods of the center. The east and west portions of the subdistrict are about equally populated. Under these circumstances the school-house, evidently, should be located as near to the center of the subdistrict as a suitable site can be found. The school-house, as now located, is one- half mile from the center. From the evidence it appears that, by reason of the ground being low and wet, there is no other site upon the north side of Cedar creek, and nearer to the center of the subdis- trict, as suitable as the one now occupied. Upon the south side of this stream there is no desirable site within less than one-fourth mile of the center of the subdistrict; and at this place the surface of the ground is quite sloping, with precipitous bluffs near. By reason of these disadvantages, and of the expense which would be incurred by such removal, the inhabitants of the subdistrict are not unanimously in favor of a change of location. The question of removing the school-house has frequently been before the board; and usually a large majority have opposed such change. In cases where there is a reasonable degree of doubt as to the pro- priety of interfering with the action of the board they should be sus- tained. Edwards v. District Township of West Point; Whicker v. District Township of Chariton; Brown v. District Township of Van Meter. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. November 23, 1875. D. C. RANDALL et al. v. DISTRICT TOWNSHIP OF LINCOLN. Appeal from Cerro Gordo County. 1. COUNTY SUPERINTENDENT. The county superintendent may recon- sider and modify a decision on proof that it does not conform to law. 2. SCHOOL-HOUSE SITE. A site located by the county superintendent cannot be changed by the board, while the condition of the district remains without material change. The board of directors of the above named district township having located a school-house site in subdistrict number six the county super- intendent, on appeal, reversed their action May 4, 1875, selecting a site one-fourth of a mile farther west; but upon information being re- SCHOOL LAW DECISIONS. Joseph Hays v. District Township of Chester. ceived that said site was not upon a public highway, according to a recent decision of the circuit court, reconsidered the decision, and located the site May 24, 1875, at a point near the north-east corner of the north-west one-fourth of section 15, of said township. Upon this site a school-house was subsequently erected. The board at their reg- ular meeting in September relocated the site, at the point previously selected at their April meeting. This action was again reversed by the county superintendent on appeal. J. R. Perry, on behalf of the the board, appeals to the superintendent of public instruction. The points involved in this case are, first, the right of the county superintendent to re-open and review a case after the decision has been announced, and, secondly, the right of the board to change a site which has been selected by the county superintendent while the condition of the subdistrict remains unchanged. The county superintendent, upon evidence that the site had not been iixed in accordance with the provisions of the law requiring school- house sites to be upon a public highway, had authority to recall the decision, and select another site. A school-house site located by the county superintendent on appeal cannot be legally changed by the board of directors while the condi- tion of the subdistrict remains without material change. The decision of the board of September 20, to attach certain terri- tory to the subdistrict did not so change its condition as to authorize the relocation of the site at that meeting, since, by the provisions of section 1796, School Laws of 1874, such change does not take effect until the next subdistrict election thereafter. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. February 10, 1876. JOSEPH HAYS v. DISTRICT TOWNSHIP OF CHESTER. Appeal from Potveshiek County. * 1. APPEAL. Appeal may be taken from the action of the board in laying the subject-matter of a petition on the table. 2. EVIDENCE. Sufficient latitude should be allowed in the introduction of testimony to permit a full presentation of the issues involved, even if irrelevant testimony is occasionally admitted. Subdistrict number one, district township of Chester, is composed of sections 1, 2, 11, 12, 13 and 14; and subdistrict number six of said district township is composed of sections 23, 24, 25, 26, 27, 34, 35 and 36. 84 SCHOOL LAW DECISIONS. Joseph Hays v. District Township of Chester. PA petition was presented to the board of directors praying that sec- tions 1, 2, 11 and 12 be made a subdistrict. The board being in ses- sion, a motion was made to form one subdistrict, to be composed of said sections 1, 2, 11 and 12, and another subdistrict to be composed of sections 13, 14, 23 and 24. This motion was lost, reconsidered, and again lost, when, on motion, the whole subject was laid on the table. Upon appeal the county superintendent made an order for the for- mation of two subdistrict s, as follows: subdistrict number one to con- sist of sections 1, 2, 11 and 12; subdistrict number six to consist of sections 13, 14, 23 and 24. Winchester Stockwell, on behalf of the board, appeals to the superintendent of public instruction. At the hearing before the county superintendent the appellee moved to dismiss the case for the reason that the secretary's transcript shows the subject-matter complained of to be still pending before the board,, and that no final decision or order had been made in relation to the case. . From the transcript it appears that the board had twice refused by direct vote to form the subdistricts in question. The subsequent mo- tion to lay the whole matter on the table was a convenient method of preventing further discussion. The motion was properly overruled. One of the errors assigned in the affidavit is, that the superintendent permitted the introduction of testimony pertaining to matters outside of those presented by the appeal. If this were true, which is not ap- parent from the record, it would not form a valid ground for reversal. Considerable latitude should be allowed in the introduction of testi- mony, to make a full presentation of the issues of the case, even if irrelevant testimony is occasionally admitted. Some of the residents upon the territory in question have an unrea- sonable distance to send to school. The change made by the superin- tendent establishes two subdistricts of uniform size and shape, and will probably permit the erection of school-houses on permanent sites, convenient of access for all; and, it is believed, will eventually prove to be for the best interests of the district. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. April 15, 1876. SCHOOL LAW DECISIONS. 35 Mary M. Thompson v. District Township of Jasper. MARY M. THOMPSON v. DISTRICT TOWNSHIP OF JASPER. Appeal from Adams County. 1. TEACHER. When a teacher is dismissed, in violation of his contract, an action in the courts of law, on the contract, will afford him a speedy and adequate remedy; when discharged for incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of .appeal. 2. . The teacher is entitled to the counsel and co-operation of the subdirector and board in all matters pertaining to the conduct and welfare of the school. The board of directors discharged Miss Mary M. Thompson for der- eliction of duty as teacher in one of the public schools of the district. She appealed to the county superintendent, who reversed their decis- ion; from this action, the board, through their president, John Mc- Devon, appealed to the superintendent of public instruction. At the hearing before the county superintendent, the board filed a motion to dismiss the case, for want of jurisdiction, insisting that the teacher, having been dismissed in accordance with the provisions of section 1734, Code, her proper remedy was an action at law for dam- ages. When a teacher is dismissed, in violation of his contract, an action in the courts of law, on the contract, will afford him a speedy and ade- quate remedy; when discharged for incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal to the county superintendent, who is the proper officer to review questions of this character, and to determine whether the board have in the exercise of their authority violated the law or abused their discretionary power. Questions concerning the validity of contracts, the right to recover for services performed, and the interpretation of law, belong especially to judicial tribunals. Questions concerning the character and qualifications of the teacher, and his management of the school, are, by appeal, within the jurisdiction of the county superin- tendent. The motion to dismiss was properly overruled. The charges of dereliction were, want of promptness in commencing school in the morning, and an occasional refusal to hear the recitation of one or more of her pupils. For this dereliction there appear to have been some extenuating circumstances. Under the contract, it was the subdirector's duty to have the fires built. The boy employed to do this work often failed to have the school-house in comfortable condition at nine o'clock; the teacher usually made up lost time by teaching after four o'clock, and there is no evidence that the subdirector or board ever advised her with regard to the performance of her duties. The board 86 SCHOOL LAW DECISIONS. M. M. Crookshank v. District Township of Maine. convened at the school-house without previous notice to the teacher, and after taking the testimony of some of her pupils, unanimously- voted to discharge her. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. May 8, 1876. M. M. CROOKSHANK v. DISTRICT TOWNSHIP OF MAINE. Appeal from Linn County. 1. APPEAL: When an adequate remedy. From the exercise of ordinary discretion in the performance of an official duty, enjoined by law upon the board, appeal may be taken to the county superintendent ; but from a refusal to act, or from an action thereon clearly designed to defeat the purpose of the law, an application to the courts of law to compel the performance of the enjoined duty will afford the most speedy, and in some cases the only, ade- quate remedy. 2. INDEPENDENT DISTRICTS: Formation of. The opportunity to vote upon the question of forming independent districts from the subdistricts of a district township ceased July 4, 1876, by the taking effect of chapter 155, laws of 1876. A petition purporting to be signed by one-third of the legal voters of the district township of Maine was presented to the board March 20, 1876, asking that a meeting of the electors be called to vote upon the question of independent organizations. The board ordered that the meeting be held on the day for the next presidential election. On appeal this action was reversed as not being in compliance with the law, and designed to defeat the purpose for which it was intended, and the board was ordered to call the meeting in time to permit the formation of independent districts if so deter- mined by vote of the electors. H. 0. Bishop appeals to the superin- tendent of public instruction. The action of the board in deferring the vote to determine the ques- tion of independent district organizations until the November election,, was evidently for the purpose of defeating the measure, since by the provisions of section 1804, Code, the organization of such independent districts shall be completed on or before the first day of August of the year in which said organization is attempted. From the exercise of ordinary discretion in the performance of an official duty enjoined by law upon the board appeal may be taken to the county superintendent; but from a refusal to act or from an action thereon clearly designed to defeat the purpose of the law, an applica- tion to the courts of law to compel the performance of the enjoined duty will afford the most speedy and in some cases the only adequate remedy. SCHOOL LAW DECISIONS. 7 S. W. Woods et al. v. District Township of Brighton. The examination of the issues involved in the case can be of no avail since the opportunity to vote upon the question of independent district organizations no longer exists, the law authorizing the formation of such districts having been repealed, to take effect July 4, 1876. Chap- ter 155, laws of the sixteenth general assembly. The decision of the county superintendent is, therefore, reversed and the case dismissed. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. July 21. 1876. S. W. WOODS et al.\. DISTRICT TOWNSHIP OF BRIGHTON. Appeal from Cass County. 1. BOARD OF DIRECTORS. The acts of the board are presumed to be regu- lar, legal and just; and should be affirmed on appeal unless proof is brought to show the contrary. 2. SCHOOL-HOUSE SITE. The prospective wants of a subdistrict may prop- erly have weight in determining the selection of a site, when such selection becomes necessary ; but not in securing the removal of a school-house, con- veniently located 'for the present. 3. . To make a distinction between the children of freeholders and those of tenants in determining the proper location for a school-house, is contrary to the spirit and intent of our laws. The board of directors, by a vote of five to two, rejected a petition asking the removal of the school-house in subdistrict number eight. On appeal, the county superintendent reversed the action of the board, and ordered the removal of the school-house to the place named in the petition. Wm. F. Altig appeals to the superintendent of public in- struction. Subdistrict number eight contains sections 27, 28, 33, 34, and sixty acres lying in section 32, and has a good, commodious school-house, erected three years ago, one-half mile west of the center, on a public road passing east and west through the center of the subdistrict. There are about thirty children of school age in the subdistrict, twenty-two of whom reside in the western half, and nineteen west of the present site. All those residing east of the present site, except one child, are within a mile and a half of the school-house, while by the proposed removal, a large number would be at a greater distance. The action of the board of directors in refusing to remove a school- house should not be interfered with on appeal, except upon evidence of violation of law, or abuse of discretionary power. In this case there is no evidence of such abuse. SCHOOL LAW DECISIONS. F. G. Drew v. District Township of Highland. The prospective wants of a subdistrict may properly have weight in determining the selection of a site upon which to build a school-house, when such a selection becomes necessary, but not in determining the removal of a house, located conveniently for the present wants of the subdistrict. It appears that a considerable portion of the school population con- sists of the children of tenants, and much stress is laid upon the as- sumed distinction that should be made between the children of tenants and those of freeholders, in determining the proper location of the school-house. Distinctions based upon the ownership of property, or permanence of residence, are not made in the law, would not well comport with the fundamental principles upon which our public school system is based, and should not have weight in determining the loca- tion of school-house sites. It is the duty of the board of directors to provide equal school facil- ities for the youth of the district as far as practicable, regardless of considerations relating to permanence of residence. The school-house may properly be removed whenever the conditions of the subdistrict require it, but unnecessary expense should not be incurred in such removal in anticipation of possible, or even probable, changes of this character. REVERSED. ALONZO ABERNETHY, Superintendent of Public Instruction. July 31, 1876. P. G. DREW v. DISTRICT TOWNSHIP OF HIGHLAND. Appeal from Tama County. 1. BOARD OF DIRECTORS. In the absence of evidence of violation of law, or abuse of discretion the board should be sustained. 2. EVIDENCE. A case of grievance should be plainly established'by evi- dence, or the reason for lack of evidence explained. The board of directors refused, by a vote of six to one, to move the school-house in subdistrict number five to the center of the sub- district, as requested in a petition presented by residents thereof. On appeal, the county superintendent affirmed the action of the board. F. G. Drew appeals to the superintendent of public instruc- tion. Subdistrict number five is in square form, and contains four sections of land. The school-house is one-half mile north of the center, while SCHOOL LAW DECFSIONS. Baptist Hardy v. District Township of Wyacondah. the greater number of children reside in the south half of the sub- district. This is the second time appeal has been brought to secure the re- moval of this school-house to the center of the subdistrict. In the first instance, the superintendent reversed the action of the board and selected a site near the center; in the second, the superin- tendent affirmed their action in refusing to move the school-house. In neither case is there any record of testimony, presented or re- ceived under oath, at the hearing. The only properly authenticated evidence in our possession is contained in the plats furnished, and indeed it is doubtful if there is sufficient evidence of their correct- ness. From the plat and the accompanying statements of interested par- ties, it would seem that the school-house ought to be at, or near, the intersection of roads, at the center of the subdistrict. Our invariable rule, however, is to sustain the action of the board in the absence of evidence of violation of law, or abuse of discretionary power, especially when concurred in by the county superintendent. In this case, the plat, unsupported as it is by testimony taken under oath, does not show sufficient evidence of abuse of discretionary power, to warrant an interference with the action of the board. If parties have a just cause of grievance at any action of the board, and desire to have it reversed on appeal, they ought to submit evidence of such abuse, properly attested at the hearing before the county super- intendent, or show that they have made the attempt to produce such evidence, and were prevented. AFFIRMED. ALONZO ABERNETHY, Superintendent of Public Instruction. August 7, 1876. BAPTIST HARDY v. DISTRICT TOWNSHIP OF WYACONDAH. Appeal from Davis County. JURISDICTION. In cases involving the validity of district organization no appeal will lie. The remedy is a writ in the nature of quo warranto. On the third day of April, 1876, at a special meeting of the five members of the board of directors, a petition from one-third of the voters was received in favor of organizing independent districts, and an election was ordered for the 15th of April, to submit the question of changing the district township organization to that of independ- ent districts under the provisions of sections 1815-1818, Code of 1873. The election was held and a majority of fourteen decided in favor of 13 90 SCHOOL LAW DECISIONS. J. N. Arthur et al. v. Independent District of Fairway. separate organization. The board of directors, at a special meeting on the 27th of May, called meetings in each subdistrict for the election of officers according to law. On the 10th of June, the day designated by the board for said elec- tion, five subdistricts elected officers and by implication the others did not. From the last order Baptist Hardy appealed to the county superin- tendent, because all the several acts or steps by which this last action was reached were resting upon an illegal act or in fact on no act at all, since the special meeting claimed to have been held on April 3 t was not a meeting of said board, but only the action of five members of the board who met accidentally. The county superintendent dismissed the case for want of jurisdic- tion, and Mr. Hardy appeals to the superintendent of public instruc- tion. While the .alleged irregularities in this case differ, the main issue is the same as that in N. T. Bowen v. District Township of Lafaijette, p. 124, School Law Decisions of 1876, and since all the essential features are there disposed of, it is unnecessary to review them. Side issues might be decided by this department; but it is deemed useless to do so, as the want of jurisdiction in cases involving the validity of district organi- zations, gives us no power over the main issue. The decision of the county superintendent is AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. September 27, 1876. J. N. ARTHUR et al. v. INDEPENDENT DISTRICT OF FAIRWAY. Appeal from Adams County. 1. SCHOOL-HOUSE SITES : Location of. The necessities of the present must be observed in locating school-house sites, in preference to the probabilities of the future. 2. NEW EVIDENCE. New evidence can be introduced only when the facts materially affecting the case could not have been known before the trial. 3. REMANDING OF CASES. When the evidence discloses that the action of the board was an unwise one, and the facts are not sufficiently shown to determine what should be done, the case should be remanded to the board. In this case the board of directors of the independent district of Fairway, number three, made an order on the 26th of April relocating the school-house site; from this order John N. Arthur, John Weller and SCHOOL LAW DECISIONS. J. N. Arthur et al. v. Independent District of Fairway. others, residents of the district, appealed to the county superintendent, and upon his affirming the action of the board, to the superintendent of public instruction. The district consists of sections one, two, eleven, twelve, thirteen, and fourteen, and the old school-house stands near the south-west corner of the south-east quarter of section one. The proposed new site is in the north-west corner of the south-west quarter of the north-west quarter of section twelve, on a public highway, and one-quarter of a mile north of the geographical center of said district. The grounds of objection by the appellants to the removal are sub- stantially, that the new site is on low bottom lands and subject to over- flow, not accessible at all times of the year, and that it is not as near the center of school population as the old site. They also suggest^ that a location at the cross roads one-half mile east of new site is bet- ter ground and more convenient to the people. In fixing the school- house site, the geographical position and the convenience of the peo- ple of each portion of the district should be considered. Section 1724. School Laws of 1876. From the large amount of testimony it is evident that the new site chosen is in a low place, and an affidavit sent to this office, and signed by a number of residents, proves beyond question that the site has been overflowed for several days during last month. By a close com- parison it is found that the number of residents who will have their distance to school increased by choosing the new site, is greater than of those who will have their distance diminished. By locating the school-house at the cross roads, one-half a mile east of the pro- posed new site, which is claimed to be higher, and, therefore, less liable to overflow, three-fourths of the residents will have their distance di- minished by forty to one hundred and sixty rods. Although it may be true, as is affirmed in the testimony, that the western part of the district is as capable of settlement as the eastern part, the necessities of the present must be observed in locating school- house sites, in preference to the probabilities of the future. While it is the rule of this department to sustain discretionary acts of the board of directors, it seems that in this case the true interest of all concerned, and justice to a large portion of the people, demands that the school-house should not be moved to the new site chosen. , To what extent the high waters of last month did affect the other locations under consideration, is not known to this department, it is r therefore, best to let the matter come up anew before the county super- intendent for a rehearing. The decision of the county superintendent is, therefore, reversed r and the case remanded for a rehearing, with the direction from this department, that the proposed new site is an unsuitable one for school purposes. REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. October 31, 1876. 92 SCHOOL LAW DECISIONS. W. C. McNcal v. J. W. Gary, County Superintendent. W. C. McNEAL v. J. W. GARY, COUNTY SUPERINTENDENT. Appeal from Appanoose County. 1. REVOCATION OF CERTIFICATE: Effect of. Conditions made in the revocation of a certificate must be within the jurisdiction of the county superintendent, and must apply to the whole county. 2. NEW TRIAL. A new trial for the revocation of a certificate must be proceeded with as if no trial had been held. In this case charges of immorality were preferred against the appel- lant. The county superintendent, after a legal investigation, ordered as follows: "That W. C. McNeal has acted imprudently, unwisely, and in excite- ment, immorally; that he shall cease to teach in said district, (district number six, Walnut township); that in compliance with the above his certificate is not revoked." " Otherwise, otherwise." On the 20th of January, having learned that the appellant had not ceased teaching, this additional order was made by the county superin- tendent : " Whereas, upon due notice of the above decision, W. C. McNeal has not ceased to teach in the school district specified, now, there- fore, in pursuance of the provisions of section 1771, of the school law of the state of Iowa, the said certificate is hereby revoked." From this action of the county superintendent, Mr. McNeal appeals to the superintendent of public instruction. While the power of the county superintendent to revoke a certificate is undoubted, the exercise of this power must be in strict accordance with the provisions of law. A revocation may be based upon general conditions, especially where the moral character of the party is in question; but the effect of those conditions must be co-extensive with the county wherein such certificate is given, and must be within the jurisdiction of the county superintendent. The conditional revocation of the 12th of January was based upon a condition not within the jurisdiction of the county superintendent, and only local in its application. The power to remove a teacher from his position is vested in the board of directors, under section 1734. Hence the additional order of January 20, which was based upon the same condition, is not legal. To test the merits of the case, and to give the county superintendent an opportunity for remedying the defect of his first order, the case is remanded before him for a rehearing, and the former decision, because not in conformity with the provisions of law, is REVERSED. C. W. VON GOELLN, Superintendent of Public Instruction. March 20, 1877. SCHOOL LAW DECISIONS. 93 G. P. Garroutte v. A. Dilley, County Superintendent, et al., etc. G. P. GARROUTTE v. A. DILLEY, COUNTY SUPERINTENDENT OF DALLAS COUNTY, AND THE BOARD OF DIRECTORS OF GOLF AX AND ADEL; AND VICTOR JEWETT v. A. DILLEY, COUNTY SUPERINTENDENT, AND THE BOARD OF DIRECTORS OF COLFAX. Appeal from Dallas County. 1. TERRITORY : Transfer of. Territory must be transferred under the provisions of section 1797, by the county superintendent and the board of the district from which the territory is taken, and as the county superin- tendent has original jurisdiction, no appeal will lie. 2. : . Section 1797, School Laws of 1876, applies only when natural obstacles exist. These two cases covering the same ground are disposed of as one case. On the 21st of October. 1876, the board of directors of Adel town- ship, Dallas county, voted to transfer certain territory lying west of the Raccoon river and being an entire subdistrict (number two) of said township, to Colfax township. On the 7th of November, of the same year, the board of directors of Colfax township met for the purpose of receiving said territory. The record does not show any action on the part of the board, in the matter. On the 3d of March, 1877, A. Dilley, county superintendent of and for Dallas county, ordered the transfer of said territory for school pur- poses, from Adel to Colfax township, believing such order to be in conformity with section 1797. From this order of the county super- intendent, Geo. P. Garroutte and Victor Jewett appeal to the super- intendent of public instruction to set aside said order as contrary to law. If the provisions of section 1797 applied to the case, the appeal would not lie, as the county superintendent has original jurisdiction to act with the board of directors of the district that may be affected. But the superintendent of public instruction believes that it is com- petent for him to investigate whether the provisions of section 1797 apply, and, if not, to set aside an order of the county superintendent made under a misapprehension of the law. This subject has been already settled in the case of E. Nichols v. C. B. Eoberts et al., School Law Decisions of 1876, page 47. In this case, the natural obstacle lies east of the subdistrict, and does not prevent any inhabitant from enjoying reasonable advantages of school, and the provisions of section 1797 do not apply, and by sec- tion 1713, each civil township now or hereafter organized, is a school 94 SCHOOL LAW DECISIONS. Rachel E. Clark v. District Township of Monroe. district; hence there is no power to transfer the disputed territory from Adel to Colfax township, and the order of the county superintendent is declared void, and therefore REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. May 9, 1877. RACHEL E. CLARK v. DISTRICT TOWNSHIP OF MONROE. Appeal from Butler County. SCHOOL-HOUSE SITE. The owner of a residence can object, whether at the time an occupant or not, if section 1826, School Laws of 1876, applies. On the 13th day of January, 1877, the board of directors of the dis- trict township of Monroe located a site for a school-house, in subdis- trict number four, upon block number thirty, in the village of Aplington, an unincorporated town in said subdistrict. Upon receiving knowledge of such location, Mrs. Rachel E. Clark, filed an affidavit with the board, urging an objection to such location. At a meeting of the board held March 26, the objection was overruled, and their former decision affirmed. From this action of the board Mrs. R. E. Clark appealed to the county superintendent, alleging that the board had violated law in locating the site within the limits fixed by the statute, and in not sustaining her objection. The county superintendent, on trial, sustained the objection and re- versed the action of the board. From his decision the board appealed to the superintendent of public instruction. Since it is not questioned nor denied by any of the parties, that Aplington is not an incorporated town; that Mrs. R. E. Clark is the owner of a residence nearer than forty rods to the location made by the board; and, whereas, it has been repeatedly held by this depart- ment that the owner of a residence or domicile can object, whether at the time an occupant or not (see Iowa Reports, volume 1, page 36, foot- note, also School Law Decisions of 1876, page 116), and as the conclusion of the county superintendent was in accordance with law and the evidence submitted in the case, his decision must be, and hereby is AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. May 22, 1877. SCHOOL LAW DECISIONS. 95 R. Buzzard v. Independent District of Liberty. R. BUZARD v. INDEPENDENT DISTRICT OF LIBERTY. Appeal from Monroe County. Quo WAKRANTO. The only proper means of affirming the right to exer- cise the privilege of an office, or to contest the illegal exercise of the same, is set forth in sections 3345-3352, Code of 1873. This is au action brought to compel the board of directors of the independent district of Liberty to recognize R. Buzard as a member elect. The evidence in the case seems to show that the appellant was duly elected and qualified. On presenting himself at the meeting of the board, he was, by vote of the board, debarred from acting, and another person admitted as a member. From this order of the board, he appealed to the county superin- tendent, who dismissed the case for want of jurisdiction. From this action, R. Buzard appeals to the superintendent of public instruction. It has been the uniform decision of this department that the right or title to office cannot be determined by any authority other than a court of law. We are compelled to agree with former opinions, by Supreme Court Decisions, 16 Iowa, 371; 17 Iowa, 368; 22 Iowa, 75, in which the fact that an information, quo warranto, is the only proper means legally to affirm the right to exercise the privileges of an office, or to contest the illegal exercise of the same, is clearly set forth. In alt cases over which we have jurisdiction, our decision is final; hence, if for no other reason, we cannot assume jurisdiction in this matter, as both parties have access to the courts, as provided by sec- tions 3345-3352, of the Code. The county superintendent, therefore, very properly decided to dis- miss the appeal, and his order in the case is hereby AFFIRMED. C. W. VON COELLN, Superintendent of '* Public' Instruction. July 2, 1877. 96 SCHOOL LAW DECISIONS. William Hays v. District Township of Jefferson. WILLIAM HAYS v. DISTRICT TOWNSHIP OF JEFFERSON. Appeal from Butler County. HIGHWAY. Since the law requires a school-house site to be located on a public highway, such public highway must be fully established by law before the location can be made. In this case, the board of directors relocated the site for a school- house in subdistrict number three, changing it from the north-east corner of section 35 to the center of the district, one-half mile farther north. Appeal was taken to the county superintendent, who, on trial, af- firmed the action of the board. From his decision, Wm. Hays appeals to this department. Subdistrict number three is three sections in length and two in width, comprising sections 23, 24, 25, 26, 35 and 36. The school-house stands on the north-east corner of section 35, or in the center of the four sections, 25, 26, 35 and 36. The large size of the district and the fact that sections 25 and 26 have a number of wide sloughs running through them, have caused great dissatisfaction to a portion of the residents. To compromise the matter an effort was made to locate a road connecting the two roads running east and west through the dis- trict, and passing by the center. This road would be one and one-half miles long. The supervisors, probably at their September meeting, ordered a part of this road, one mile commencing at the quarter po^t between sections 23 and 24 and running south, to be opened on certain conditions which were to be fulfilled before their January session. The record shows that these conditions were not fulfilled by that time, and does not show any final action as provided by section 947 of the Code. Hence the road has not been established by law, neither does the evidence show that it has been established in fact, unless the haul- ing of a few loads of hay along the prairie makes a road of the wagon track. Hence, if for no other reason, the action of the board violated the law by locating the house away from a public highway, and the county superintendent erred in affirming said action. It is the duty of the superintendent to satisfy himself that all the conditions of the law are strictly observed in the location of a school- house. We are strongly in favor of supporting boards in their exer- cise of discretionary power; but an appeal is made for the purpose of testing the equity of the case. To remove a school-house from the center of a four section district to accommodate a larger district which must sooner or later be reduced, is, to say the least, unwise. Besides, equity in this case is utterly disregarded, when persons are obliged to travel five miles by the road, to a school-house situated in a cul de sac, or at the end of the road. This is not bettered by the fact SCHOOL LAW DECISIONS. 97 W. W. Rickey v. District Township of Wayne. that this location is the center of the district. Would it be wise to locate in such center, provided it was a duck pond? From the evi- dence, this is but little better, because surrounded by sloughs on all sides. In a district three miles long and two miles wide, there is great probability that some will be deprived of the privileges of school by reason of distance. It is suggested that if the requisite number of children is not lacking, the board redistrict subdistricts three and five, making three subdistricts of four sections each instead of two with six each. This would seem to remove all difficulty of location of school- house sites. As the action of the board violated law in not establishing the school-house site upon a public highway, and since the county super- intendent sustained the order, his decision is hereby REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. July 6, 1877. W. W. RICKEY v. DISTRICT TOWNSHIP OF WAYNE. Appeal from Monroe County. 1. CONTRACTS. Questions involving contracts should not be brought before a county superintendent, unless it is to determine whether a provision of school law has been violated in making such contract. 2. : Approval of. The president of the board, or when he is the subdirector making the contract, the board of directors, must approve the contract, unless the instructions of the board have been disregarded. Mr. J. N. Prather, subdirector of subdistrict number six, Wayne district township, and president of the board of said district township, employed his son S. D. Prather as teacher of said district number six. The board approved the contract made between J. N. Prather as subdirector and S. D. Prather as teacher. From this action of the board W. W. Rickey appealed to the county superintendent, who re- versed the action of the board or annulled the contract, and J. N. Pra- ther in his several capacities appeals to this department. The subject of contracts is one which always implies the payment of money, and should not be brought before superintendents unless it is on the question of violation of school law. The proper place to bring these actions is in the courts. The quotation by the county superintendent of 35 Iowa, page 361, Thompson v. Lynn, is not applicable, for no restrictions were imposed 13 SCHOOL LAW DECISIONS. J. J. Wilson et al. v. District Township of Monroe. upon the subdirectors in this case except length of time and wages, and those only by implication or following the usual custom. Without entering upon other arguments which only have a bearing on this question provided the action of the board was discretionary, and without approving of the action of Mr. Prather in hiring his son against the wish of the people, we must decide, that since the act of the board approving the contract was mandatory, the county super- intendent had no jurisdiction, and his action is REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. July 26, 1877. J. J. WILSON et al. v. DISTRICT TOWNSHIP OF MONROE. Appeal from Mahaska County. 1. COUNTY SUPERINTENDENT: Jurisdiction of. The county superin- tendent is not limited to a reversal or affirmance of the action of the board, but he determines the same questions which they had determined. 2. SCHOOL-HOUSE SITE : Location of. The location of a school-house can be dependent upon a change of boundaries, only when it is shown in evi- dence that it is the intention to make such change. 3. CONDITIONAL RULING. A county superintendent may make a condi- tional ruling, by which his own decision is governed. On the 14th day of April, 1877, the board of directors of the above named district township located the site for a school-house. From their action J. J. Wilson and others appealed to the county superintendent, alleging that the board had erred in making the loca- tion, in that, by reason of distance owing to the location of the roads, the location as made effectually deprived many of the subdistrict of the privilege of attendance at school. On trial, the County superin- tendent reversed the action of the board and located a new site. From his decision the board appealed to this department, claiming that the county superintendent erred in selecting a site entirely different from those with reference to which testimony was taken; that it is on the extreme east line of said subdistrict, and hence cannot be called at all central ; that the board took into account in making the location, the possibility of a change in the northern boundary of the subdistrict, which would make the situation chosen a suitable one for the remain- ing subdistrict; that a portion of his decision was conditional and void; and that the board did not abuse the discretion vested in them by making the location as they did. SCHOOL LAW DECISIONS. 99 J. J. Wilson et al. T. District Township of Monroe. The assumption that the county superintendent did not have the right to locate a school-house site differing in location from the one made by the board, or the one petitioned for by the appellants, is a mistake. See John Clark v. District Township of Wayne, School Law Decisions, 1876, page 47; also opinion of the attorney-general in Iowa School Journal for April, 1866, in which the following ruling was made: " The county superintendent is not limited to a reversal or affirm- ance of the action of the board, but he determines the same questions which it had determined." The nature, of the subdistrict is peculiar. It is long and narrow, and its western boundary, the North Skunk river, which also makes nearly all its southern boundary, is a disturb- ing element when we attempt to locate the site for a school-house to .accommodate all the people. While under ordinary circumstances a site near the boundary of a subdistrict would be unadvisable, in this case it seems necessary, unless additional road facilities can be secured. The site selected by the county superintendent, is clearly the one best calculated to accommodate the whole subdistrict as constituted at present. The location of a school-house site can be dependent upon a change of boundaries only when it is shown in evidence that it is the inten- tion of the board, or boards, to make such change. See E. Gosting v. District Township of Lincoln, School Law Decisions, page 78. In this case, it is not claimed that any change is actually intended or ex- pected. The limit, as made provisionally by the county superintend- ent, of thirty days for such changes of roads as would make a more central location feasible and desiratjje. was too short a time, under the provisions of law, to effect the result. For that reason we shall extend the time for the establishment of a road to ninety days from the date of his decision, or to such time as the board of directors may show to be necessary to establish the road, provided, that immediate steps shall be taken to bring about the result, if desired. The discretion of the board was evidently abused in not providing equal school facilities for those living in the northern portion of the subdistrict, by their location of the school-house site. In case the road contemplated is secured, the board may locate the site thereon, as near the center of the district as good and suitable ground can be found. If no steps are taken to secure such a road, or in case the road cannot be procured, the location last chosen by the county superintendent is to be regarded as the site, and his decision is hereby AFFIRMED. C. W. vo^ COELLN, Superintendent of Public Instruction, August 7, 1877. 100 SCHOOL LAW DECISIONS. Kennon, Onne, Bullock et al. v. Independent District No. Four, Nodaway Township. KENNON, ORME, BULLOCK et al. v. INDEPENDENT DISTRICT NUMBER FOUR, NODAWAY TOWNSHIP. Appeal from Adams County. 1. SCHOOL-HOUSE SITE. The choice of a school-house site by the electors has no binding force. 2. DISCRETIONARY ACTS. Since the board of directors have original jurisdiction, their discretionary acts should not be interfered with by an appellate tribunal, although not agreeing with their judgment, unless they violated law, showed prejudice or malice, or abused their discretion in such a manner as to require interference. At the annual meeting in March, 1877, the electors of independent district number four, Nodaway township, voted to issue bonds to build a school-house, not specifying where to build said house. The board of directors called an informal meeting of the electors, which was held May 12, to give expression to their views as to the location they would prefer. On the second of June the board made a location dif- fering from the one which a majority of the electors had indicated as their choice. From this order of the board, Kennon, Orme, Bullock et ul.j appealed to the county superintendent, who on trial reversed the order of the board, and selected the site chosen by the electors at the special meeting. David Shipley and Joseph Landes, members of the board, appeal to the superintendent of public instruction. The evidence in the case discloses a desire on the part of the board to determine without prejudice, the best site. The expression of the electors, as given, was only suggestive, and not of binding force. If the site had been fixed by them at the time of, and in connection with, the voting of the bonds, the board would have been compelled to fol- low those instructions. See Hubbard v. District Township of Lime Creek, School Law Decisions, page 77, first division of syllabus. But there is no provision in law for an extra or special meeting of electors to instruct a board with regard to the location of a site, nor are such suggestions of any force except as an expression of opinion, since the board are by law invested with the power to locate sites The fact that one member of the board changed his mind with regard to the best location, shows, that on further consideration, his judgment led him to favor the site best adapted to the needs of the district, since we may not question his motives, but must regard his action as based upon proper grounds. The site chosen by the board is near the geographical center of the district; and the location of the roads, as shown by the plat in evi- dence, is such as would not warrant us in reversing the discretionary act of the board. And even though an appellate tribunal does not fully coincide with the decision of the board, it is compelled to sustain their action, unless it is proved conclusively that they violated law. SCHOOL LAW DECISIONS. W. M. Jenkins et al. v. Independent District of Methodist Grove. acted with passion or prejudice, or with manifest injustice, since boards of directors are invested by law with large discretionary powers, and, having original jurisdiction, their acts are entitled to great considera- tion, and should not be reversed without the clearest reasons. The board are entitled to the benefit of every doubt. See Bacon v. District Township of Liberty, School Law Decisions of 1876, page 150; Ed- wards v. District Toumship of West Point } same, page 69; also, Brown v. District Township of Van Meter, same, page 153. Because we do not believe that the discretionary power of the board has been abused to such an extent as to require a reversal, the county superintendent should have affirmed the action of the board, and his decision is hereby REVERSED. C. W. VON COELLN, Superintendent of Public Instruction* November 13, 1877. W. M. JENKINS et al. v. INDEPENDENT DISTRICT OF METHODIST GROVE. Appeal from Adams County. ADDITIONAL SCHOOL. An additional school should be granted for fifteen or more scholars, who are too far from any school in their district to enjoy reasonable school facilities. The independent district of Methodist Grove is square in form, and includes nine sections of land. The school-house is one-half mile east of the center of the district. On the 28th of June, 1877, W. M. Jenkins and others, living quite a distance from the school-house, presented a petition to the board of directors asking a three months 1 additional school to accommodate their children. The board refused to grant their request. From this order W. M. Jenkins and others appealed to the county superintend- ent, who reversed the action of the board. Prom this decision James Lemon and G. W. McDuffee, for the board, appeal to the superintend- ent of public instruction. It is the intention of the law to provide equal school facilities for all the youth of the state. This question is discussed by the supreme court in 24 Iowa, 266, in the case of Clark v. Independent District of Muscatine. Section 1793 indicates that the distance of one and one-half miles is considered as the maximum distance to be traveled by school children, to provide them with proper school facilities. Of course, in sparsely settled regions this law would not apply, for a suf- ficient number to establish a school might not be found within the radius of one and one-half miles. The law also specifies the mini- 102 SCHOOL LAW DECISIONS. J. H. Downs and C. W. Coffee v. Independent District of West Branch. mum number of children to constitute a school. Section 1725 provides that a school-house may be erected to accommodate fifteen pupils, and a room rented and a teacher hired for five pupils. In this case the distance is too great to secure proper school facili- ties by sending to the only school-house now possessed by the district, especially during the winter season. The number of scholars in the territory affected is large enough to entitle them to a school-house. The refusal of the board to grant additional school facilities seems to be a violation of the law. The plea which the board urge, that other portions of the district will require the same opportunity, proves what has been always evident to my mind, that a district of nine sections, in a region which is densely populated, is an unfortunate one. As no new independent district can be created since July, 1876, I suggest that such changes of boundaries be made between the different inde- pendent districts in Nodaway township, in conformity with section 1809, or such consolidation by section 1811, as to provide for wards of about four sections each. But, for this winter, the petition of W. M. Jenkins and others ought to be granted, and the action of the county superintendent is hereby AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. December 11, 1877. J. H. DOWNS AND C. W. COFFEE v. INDEPENDENT DISTRICT OF WEST BRANCH. Appeal from Cedar County. 1. LANGUAGE OF STATUTE: Construction of. In construing the lan- guage of a statute, the history of the legislation affecting such statute will always be considered. 2. INDEPENDENT DISTRICTS: Establishment of. City and town inde- pendent districts may be formed from different townships and counties. 3. TERRITORY : Transfer of. The mandatory provision of section 1798, for the transfer of territory, applies only when both corporations are district townships. On the 17th of September, 1877, two-thirds of the electors residing on the east half of sections one and twelve, township 79, range 5, lying in the civil township of Scott, Johnson county, but included in NOTE. The ruling under the third subdivision above, is also found in Iowa Reports, 45, page 53. Chapter 111, laws of the eighteenth general cssembly, provides for,the mandatory transfer of such territory, as sought to be accomplished by this appeal. We publish this decision on account of the- history of legislation resulting in the adoption of section 1798, of the Code. SCHOOL LAW, DECISIONS. J Q 3 J. H. Downs and C. W. Coffee v. Independent District of West Branch. the independent district of West Branch, Cedar county, from its organization, petitioned the board of directors of said independent dis- trict to restore them to Scott township, claiming the right under sec- tion 1798. The board refused, and an appeal was taken to the county superintendent of Cedar county, who reversed the action of the board and ordered the restoration. From this decision J. C. Chambers, presi- dent of the board of directors of West Branch, appeals to the super- intendent of public instruction. This case was decided by the county superintendent in conformity with the opinion of the attorney-general, that section 1798, of the Code of 1873, applied to independent districts formed under the pro- visions of sections 1800 and 1801. Coming to this department on appeal for review and final hearing, and involving the rights of these independent city and town districts as corporations, and incidentally involving the rights of other persons who may have loaned money on bonds issued by such corporations, I have taken especial pains to investigate the case in all its bearings, and have consulted not only the attorney-general, but other able law- yers, as well as the circuit judge of the fifth judicial district, who has had the same question under consideration in the case of F. Peters et al. v. A. Ustick et al., directors of the independent district of Dallas Center. The able arguments made by the gentlemen employed as counsel in this case, have thrown additional light upon some points not before quite clear to me. The supreme court in the case of the City of Burlington v. Kel- lar, 18 Iowa, 59, say : " In construing the language of a statute the history of the legislation affecting such statute will always be consid- ered/' In the case of Ya-nt et al. r. Brocks et al., 19 Iowa, 87, the express- ion is: "The court will, in the construction of a statute, take into view the general system of legislation upon the subject-matter." Following this plan let us investigate the successive steps which have led to section 1798, of the Code of 1873, for upon its interpretation this case must stand or fall, as it is not questioned on the one side that the disputed territory has been a part of the independent district of West Branch from its organization, nor that two-thirds of the quali- fied electors on the disputed territory petitioned for its setting off to Scott township, Johnson county. The present school law was enacted by the seventh general assembly in 1858, by an act approved March 12, of that year, called " an act for the public instruction of the state of Iowa." This act recognized the civil townships as the district townships, but retained the city districts with a population of one thous- and inhabitants, with contiguous territory formerly established. A question of constitutionality arising, the board of education, in I860, re-enacted this same law with certain modifications, among which was the recognition and continuance of districts formerly organized, which were i two or more adjoining townships or counties. See section 63, on page 21, School Laws of 1860. In this same section a provision was made to transfer the part not having the school-house to the 104 SCHOOL LAW DECISIONS. J. H. Downs and O. W. Coffee v. Independent District of West Branch. township to which it geographically belonged, by concurrent action of the boards of directors of the districts affected thereby. It also provided in sections 63 and 64, that these provisions should not be construed as applying to cities and villages, nor giving to town- ship boards of directors jurisdiction over any territory included within the limits of any city or incorporated village, with the territory an- nexed thereto for school purposes, organized as separate districts. The ninth general assembly, in section 78, of chapter 172, made this transfer of territory to the district to which it geographically be- longed mandatory, when two-thirds of the electors so petitioned. Section 16, chapter 143, of the laws of the eleventh general assem- bly, first introduced the clause with reference to natural obstacles, which is now found in section 1797. Chapter 94 of the laws of the thirteenth general assembly, extended this provision to territory in adjoining counties, which was repealed by section 3, of 'chapter 125 of the laws of the fourteenth general assembly. This same chapter 125 of the fourteenth general assembly, in section 1, provided for the restoration of the territory set off by the acts of the eleventh and thirteenth general assemblies, either by the concurrence of the respective boards, or by the petition of two-thirds of the electors residing upon the disputed territory. In section 2 it provided under what circumstances an independent district could be reduced by petition of two-thirds of the electors. When the Code commissioners codified these various laws they found that section 1798 as it now stands, would cover all cases under section 1797 or under the acts of former assemblies as well as all cases coming from the districts formed prior to 1858, bat they incorporated section 2, of chapter 125 of the fourteenth general assembly as section 1810 of the Code. Counsel for appellee call attention to the rule of construction found in Leversee v. Reynolds, 13 Iowa, 310: " Words in a statute will not be construed as mere surplusage, if a construction can be legitimately formed which will give force to and preserve the entire statute. 1 ' We shall strictly adhere to such construction when we recognize that section 1798 does apply to independent city districts when territory has been set into them for school purposes as provided for by section 1797 and the acts of former assemblies, but cannot make it apply to cases where territory was taken under -the provisions of sections 1800 and 1801 in the formation of city or town independent districts, for it is not then a setting off of territory ; but the creation of a new corpora- tion sanctioned by law, and the rules governing district townships do not apply, as section 1806 expressly requires. There are two provisions of the laws governing independent districts which provide for cases of this kind. Section 1809 provides for the change of boundaries by con- sent of the respective boards, which action is of course subject to appeal, and section 1810, which is the only mandatory provision requir- ing boards of independent districts to give up territory taken in forma- tion of the district. If this case was brought under the provisions of SCHOOL LAW DECISIONS. 1Q5 J. H. Downs and C. W. Coffee v. Independent District of West Branch. section 1809 from the action of the board which refused to concur, the matter might be tried on its merits, but now it rests as before said simply on the interpretation of section 1798. It certainly is also a law of construction of the statute that no such interpretation be given to it, as would show an absurdity on the face of it, as long as a reasonable interpretation can be given. Section 1801 provides that the board of directors of the township in which a town or city is situated shall establish the boundaries of the contem- plated district, and section 1805, as well as the supreme court in the case of District Township of Union c. Independent District of Greene, 41 Iowa, 30, show conclusively that such boards are not obliged to limit these boundaries by county lines. A vote is taken by section 1801, to form such independent district, with boundaries as established by the board of directors, without refer- ence to the wish of the individuals who may be included within said boundaries, unless they appeal before the formation of said district. After they have thus been formed into a new corporation, if section 1798 applies, this corporation may be immediately dismembered or dis- integrated by the petition of any portion of said district in which two- thirds of the electors can be found 'willing to petition the board of said district for being set off. This would provide for the suicide of the newly created corporation, which cannot be deemed a reasonable interpretation. Counsel for appellee place great stress upon the words " may be," in the first line of section 1798, referring, as they say, to future action, but in no case under the provisions of the Code, except in independent city or town districts, can such setting off into an adjoining county be done, hence they conclude that the section must apply to independent city or town districts. We all know that the codifiers in many cases, and especially in this case, took the words of the acts of former assemblies and particularly those of the fourteenth general assembly, which, in fact, enacted the Code of 1873. This expression in chapter 125 of the fourteenth gen- eral assembly was made when it was not sure that the third section of said bill would pass; and if chapter 94 of the thirteenth general assem- bly remained in force, the term " may be " was needed. It is in fact quite possible that section 3, of chapter 125, was an addendum made after the bill was introduced. It may also be true that the commissioners in framing this section may have had in view the possible re-enacting of a clause similar to chapter 94 of the thirteenth general assembly and provided beforehand for such emergency. Again there are two terms " has or may be," and two others " adjoin- ing county or township." Now, no one questions that the first term " has " applies to both county and township, and the second may only include township, and to avoid repetition the terms " has or may be " were used to apply to their respective parts. In view of these circumstances, and the serious injury that might be done to the rights of corporations and individuals, if we should apply 14 106 SCHOOL LAW DECISIONS. . C. J. F. Newell v. District Township of Franklin. section 1798 to independent city and town districts, we must decide that the territory in dispute cannot demand to be set into Scott town- ship, and must remain a portion of the independent district of West Branch, unless the board of said independent district concur under the provisions of section 1809 with the board of directors of Scott town- ship in a change of boundaries. The decision of the county superintendent is, therefore, REVERSED. C. W. VON COELLN, Superintendent of Public Instruction, February 5, 1878. C. J. F. NEWELL v. DISTRICT TOWNSHIP OF FRANKLIN. Appeal from Allamakee County. CONTRACTS. An appeal to enforce a contract cannot lie. To prevent the board from enforcing a contract in violation of law, an injunction by a court is the proper remedy. This case was brought before the county superintendent by C. J. F. Newell, with a view to seek a decision whereby the board of directors might be compelled to award a contract to him to build a school-house, as he claimed to be the lowest responsible bidder for the same. An examination of the affidavits and testimony indicates clearly that this is one of those cases which the law provides cannot be deter- mined by school officers on appeal. Section 1836 prevents county superintendents and the state superin- tendent from rendering a judgment for money. Making a contract entered into by a board of directors with a given party subject to ap- peal, would be indirectly rendering a judgment for money, since the board would be personally bound by the contract. See Andrews & Co. r. Telford, 37 Iowa, 314. Contracts made in violation of section 1723 are illegal, and their ful- fillment may be prevented by injunction. The proper remedy in this case is an injunction from the courts of law. The county superintendent should have dismissed the case for want of jurisdiction, therefore his decision is reversed and the case dis- missed. REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. March 19, 1878. SCHOOL LAW DECISIONS. 107 T. J. Dunlavy v. O. M. Klinginemith. T. J. DUNLAVY v. 0. M. KLINGINSMITH. Appeal from Davis County. 1. PUNISHMENT. The use of the rod is allowable as a last resort. 2. GOVERNMENT. The inability to govern is sufficient reason for with- holding a certificate and for the revocation of the same. 3. CERTIFICATE: Revocation of. A certificate which has expired by limitation cannot be revoked. In this case T. J. Dunlavy brought charges against 0. M. Klingin- smith, the teacher of his children, for brutal treatment, the specifica- tion being that said Klinginsmith whipped Dunlavy 's step-son cruelly and excessively. Other charges were first prepared, but finally with- drawn. The county superintendent decided that the charges were not sustained, and Mr. Dunlavy appeals to this department. The claim made by appellant's counsel, that all whipping is now nearly frowned down by the people, if not by the courts, does not seem to be well founded, when we consider the strong position taken by our own court in 45 Iowa, 250. That the use of the rod is the last resort of a good teacher, and is seldom used, we all admit; but scarcely an experienced educator will say that the use of the rod should be abso- lutely discontinued. On the other hand, the counsel for appellee mis- takes the jurisdiction of the county superintendent, when he claims that such a case as this one cannot affect the withholding or revocation of a certificate. Although the general character of i he teacher may be good, if he should fail to be able to govern a school without the constant use of the rod, and govern but poorly at that, it is the duty of the county superintendent to protect the people from abuse by refusing to grant a certificate, or if he has granted it, he may revoke. In the case before us, it is undoubtedly true that the boy who received the whipping had provoked the teacher and deserved by his persistent small offenses a severe punishment. That the punishment was severe, and perhaps too severe, is apparent from the evidence. There is, however, no good proof to show that the teacher punished with malice or intent to injure beyond a reasonable correction. The case itself ought to have been dismissed by the county superin- tendent, because, if there was any object in the charges, it was for the purpose of revoking of a certificate; but a certificate expiring by limita- tion on the 6th of January could not be revoked on the 22d of January. 108 SCHOOL LAW DECISIONS. B. Spinharney v. District Township of Rock. As long as the case was decided on its merits, we feel obliged to sus- tain the discretionary act of the county superintendent. The decision of the county superintendent is hereby AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. April 22, 1878. B. SPINHARNEY v. DISTRICT TOWNSHIP OF ROCK. Appeal from Cherokee County. 1. SUBDISTRICT : Formation of. Subdistricts having at the time of for- mation fifteen persons between five and twenty-one years of age, are properly formed. 2. SCHOOL-HOUSE: Erection of. A school-house cannot be erected in such subdistrict, it from any cause the number of persons between five and twenty-one years of age, has been reduced below fifteen. On the second of February, 1878, the board of directors of Rock township, Cherokee county, redistricted the township, forming one new subdistrict. B. Spinharney appealed from this action to the county superintendent, who affirmed the action of the board, and from this action Spinharney appeals to the superintendent of public instruction. The ground of appeal is, that the new subdistrict is unnecessary, and that it leaves one subdistrict with less than fifteen pupils. With regard to this latter point, the evidence shows that on the day of the action there were unquestionably fifteen pupils in each of the subdistricts; but that afterward one child of school age died. The action of the board was not in violation of law and could not be reversed on that ground because a change afterward occurred. As regards the judgment of the board, it is impossible to determine at this distance, whether it is good or not; the shape of the subdistricts is not such as we would make, but nothing in the evidence shows such abuse of discretion as to cause us to reverse the action of the board, or that of the county superintendent; and as no malice or prejudice is claimed, we feel obliged to sustain the action of the board, with this suggestion, that a new school-house cannot be built for the accommo- dation of less than fifteen pupils. The decision of the county superintendent is hereby AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. May 8, 1878. SCHOOL LAW DECISIONS. 109 Z. Darnell v. Independent District of Amity. Z. DARNELL v. INDEPENDENT DISTRICT OF AMITY. Appeal from Lucas County. 1. SUSPENSION OR EXPULSION. Suspension or expulsion of a scholar re- quires the action of the board by a majority, and the concurrence of the president. 2. RECORD. The record of the secretary must be considered as evidence, unless there is proof of fraud or falsehood. The majority of the board of the independent district of Amity, expelled Z. Darnell from their school for refusing to obey a rule of the teacher. The said Darnell appealed to the county superintendent, who affirmed the action of the board, and an appeal is taken to the superintendent of public instruction. Section 1735 requires a majority of the board with the concurrence of the president in order to suspend or expel a scholar for gross im- morality or persistent violation of the regulations or rules of the school. This we interpret to mean, that the board, in regular or special ses- sion, can by a majority of the board, with the concurrence of the president, suspend or expel. While there is some doubt in this case whether there really was a meeting of the board, we must accept the record of the secretary as correct so long as there is no proof of fraud or falsehood. Counsel for appellant seems to think that the law requires a regular trial and defense. The law makes no such demand. The remedy for an aggrieved party is an appeal before the county superintendent, where a trial is had and a defense can be made. The case in controversy shows on the trial that the young man, Darnell, had not obeyed the command of his teacher, who inflicted a slight punishment upon him and others, for a disturbance in which both he and other boys had participated. If this refusal to obey was persisted in, the board, under section 1735, had the right to suspend or expel the said Darnell. The ofiense for which the punishment was given was perhaps of trivial character, but the refusal to obey on the part of a young man capable of reasoning, was a serious ofiense, and must be treated as such. The expulsion of the young man was undoubtedly a severe meas- ure, and if the case had been tried by us de now, we should have substituted a conditional suspension until obedience was secured. But the discretionary act of the board is not tainted by malice nor pas- SCHOOL LAW DECISIONS. Wm. Donald v. District Township of South Fork. sion, and there is sufficient reason for sustaining the action of the board. The decision of the county superintendent is, therefore, AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. June 10, 1878. WM. DONALD v. DISTRICT TOWNSHIP OF SOUTH FORK. Appeal from Wayne County. 1. SALARY OF TEACHERS. The salary of teachers should be in propor- tion to their ability and responsibility, and not equal when these circum- stances differ materially. 2. CONTROL OF SALARIES. The control of salaries is wholly within the power of the board and cannot be determined by an appeal, because it is not within the jurisdiction of county or state superintendent to order the pay- ment of money. On the 18th day of March, 1878, the board of directors of the dis- trict township of South Fork made an order fixing the salaries of teachers in the township for the summer schools at the uniform price of twenty dollars per month. From this action Wm. Donald appealed to the county superintendent, who affirmed the action of the board. From his decision Wm. Donald appeals to the superintendent of pub- lic instruction. It is alleged by the appellant that the county superintendent erred in deciding that the board did not violate law in voting that the same amount of salary should be paid to the teacher in each subdistrict. It is claimed that the board should have provided for a higher salary in some schools of the township. The difficulty with appellant's counsel is that he believes the note to be a part of the law. My predecessor gave his own views of the employment of teachers and I most fully agree with him in his view. The law leaves the whole matter to the directors and presumes that they will deal equitably. Unfortunately, selfishness is a nearly universal characteristic of human kind, and too often the majority, representing weak districts, weak both in numbers and in property, demands an equal distribution of the money on hand for teachers' pay. The law organizing the rural independent districts, passed in 1872, arose from the feeling that this selfishness was working injustice to little towns and wealthy and populous subdistricts. The creation of these independent districts works an injustice to the weaker districts, SCHOOL LAW DECISIONS. James Jacoby et al. v. Independent District of Nodaway. for it is proper and desirable that the wealthier districts should aid their weaker neighbors to sustain fair schools. With regard to this case, we do not see wherein the board violated law. The idea of prejudice is slightly apparent from the testimony, but not sufficiently to reverse the action of the board. That equity has not been observed seems very evident, for it must be presumed that a larger school population requires a better teacher; and if a better and more experienced teacher is needed, a better salary ought to be paid. There are other considerations. Generally the expense of living is greater in the town than in the country; the probability is that a larger tax is paid by the town than by the country. We are not able at this distance to determine whether twenty dol- lars is a sufficient compensation for the teacher of subdistrict number iour of South Fork; but if twenty dollars is only sufficient compen- sation for the country subdistricts, it is our belief that a higher com- pensation should be given for the teacher in the town. It is out of our jurisdiction to give advice to the board of directors what to do in this case, after determining that we have no power to reverse their action ; but we suggest that equity would be served if they should pay the five dollars per month assumed by Mr. Anderson. After giving our views thus in full, we must agree with the county superintendent, and therefore the decision of the county superintend- ent is AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. June 29, 1878. JAMES JACOBY et al. v. INDEPENDENT DISTRICT OF NODAWAY. Appeal from Adams County. SCHOOL-HOUSE SITE. A school-house site fixed by county or state super- intendent affirming the discretionary act of the board, allows the board to -exercise their discretion again, especially if material changes have occurred, In the summer of 1877, the board of directors of the independent -district of Nodaway located a school-house site. They selected one not desired by a large majority of the electors, as expressed at an informal meeting called by the board. An appeal was taken to the county superintendent, who reversed the action of the board, and in turn to the superintendent of public instruction, who reversed the decision of the county superintendent, thereby sustaining SCHOOL LAW DECISIONS. Chas. 8. Davenport et al. v. District Township of Brookfield. the action of the board on the ground that abuse of the discretion given by the law to the board, as charged, was not proved. Since the decision above referred to was rendered, a dwelling has been erected within twenty rods of the site chosen. Also, a material addition has been made to the district on its east side of a strip of land three miles in length and one-half mile in width. At a meeting of the board of directors held April 22, 1878, they relocated the school-house site, choosing the old site in place of the one selected by them last year. From their action James Jacoby and others appealed to the county superintendent, who affirmed the order of the board. From his decision D. Shipley and Ed. Kennedy appeal to the superintendent of public instruction. This case was before us last year and we affirmed the action of the board in selecting the new site, sustaining the discretionary act of the board. Hence, the principle that a site selected by the county or state superintendent cannot be changed unless there have been material changes in the district, does not apply. There have been changes by the addition of new territory and a dwelling being erected within less than forty rods of the proposed site. The choice of the old site is in conformity with the wish of a majority of the electors, and does not prove any abuse of discretion, much less a violation of law. The action of the board is therefore sustained, and the decision of the county superintendent AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. August 26, 1878. CHAS. S. DAVENPORT et al. v. DISTRICT TOWNSHIP OF BROOKFIELD. Appeal from Clinton County. 1. SCHOOL-HOUSE SITE. School-house sites fixed by county or state su- perintendent can be relocated when material changes have occurred. 2. REMOVAL OF SCHOOL-HOUSES. School-houses cannot be moved to accommodate redistricting until after the change of subdistricts takes effect in March. On the 17th day of September, 1878. the board of directors of the district township of Brookfield changed the boundaries of several sub- districts, among them those of subdistricts number one and five, and in connection therewith relocated the school-house sites in said sub- districts. An appeal being taken to the county superintendent, the action of the board was affirmed, and Chas. S. Davenport. E. B. Beard SCHOOL LAW DECISIONS. L. E. Cormack v. District Township of Lincoln. and John Coverdale appeal to the superintendent of public instruc- tion. The claim that the school-house .site could not be changed after it had been fixed by the county superintendent on appeal, becomes in- valid, as the evidence shows that material changes had taken place since the county superintendent established said site. It is true that the board had no power to establish school-house sites in September, to accommodate the newly arranged subdistricts, if such relocation was to take effect immediately, for the new subdistrict could not go into effect until the third Monday in March. Hence, the school-houses should remain in the same position they were before any change of boundaries had been ordered. The evidence does not show that such was the intention of the board, and we have reason to believe that schools are carried on in the school-houses on their old sites. While the testimony is somewhat conflicting, we can see no reason to object to the change of boundaries and the removal of school- houses to central locations, and there being no proof of passion or prejudice on the part of the board, the decision of the county super- intendent is hereby AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. January 16, 1879. L. E. CORMACK v. DISTRICT TOWNSHIP OF LINCOLN. Appeal from Adams County. 1. CONTRACTS. An appeal will not lie to enforce a contract. 2. JANITORIAL SERVICES. If a teacher serves as janitor in sweeping the room and building fires, he should be paid from the contingent fund for such services. Mr. Vandyke, a subdirector in the district township of Lincoln, contracted with Mrs. L. E. Cormack as teacher for the winter term of school. The terms of the contract included that the teacher was to receive twenty-five dollars per month for teaching and one dollar and twenty-five cents a month for building the fires and sweeping the school-house. The board refused to audit the full account, which would give the teacher pay for janitor's work, claiming that said subdirector exceeded his authority in so contracting. Mrs. Cormack appealed to the county superintendent who reversed the action of the board. W. 15 114 SCHOOL LAW DECISIONS. N. Carmichael v. District Township of Monroe. C. Potter, president of the board, appeals to the superintendent of public instruction. This case has evidently for its object the securing of money on con- tract and as section 1836 prevents county and state superintendents from rendering a judgment for money, it has been the common custom to refuse to entertain any appeal in which a contract is to be decided by such appeal; for this reason the county superintendent should have dismissed the case for want of jurisdiction. It may not be out of place here to state, that unless a contract with the teacher provides that building fires and sweeping the house is in- cluded, the board cannot require such service of the teacher. The pay- ment for such services should come from the contingent fund and should be specifically mentioned. The teachers 1 fund is not to be used for paying for janitorial services. Without deciding any question at issue, we are of the opinion that the subdirector did not exceed his authority given him by section 1753 when he agreed to pay a reasonable sum for janitorial services beside the twenty-five dollars paid under instruction from the board for teacher's services. But since we do not consider the case within our jurisdiction the decision of the county superintendent is reversed and the case dismissed. REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. March 1, 1879. NOTE. We have since learned that the teacher recovered in a salt in the courts at law. N. CARMICHAEL v. DISTRICT TOWNSHIP OF MONROE. Appeal from Shelby County. 1. REDISTRICTING. It requires a majority of the board elected to redis- trict. An action taken to redistrict without such majority voting for it is null and void. 2. JURISDICTION OF COUNTY SUPERINTENDENT. When there is no legal act of the board the county superintendent should not attempt to act on ap- peal ; but simply declare the act of the board void. At a special meeting of the board of directors of the district town- ship of Monroe, held November 16, 1878, the board attempted to re- district the township. It is shown in evidence that the board consisted of ten subdirectors, and that the action was taken by a vote of five members. N. Carmichael appealed to the county superintendent, who declared SCHOOL LAW DECISIONS. H5 Joseph Heaton v. I. W. Gard. the action of the board null and void, and proceeded to redistrict on his own motion. From his decision B. Pieffer appeals to the superin- tendent of public instruction. In this case the board tried to change boundaries by a vote of less than a majority of said board, as required by section 1T38; and, therefore, the action of said board was void, as correctly stated by the county superintendent. At this point in his decision, having declared the action of the board null and void, the county superintendent should have dismissed the case. There being no legal action with reference to a change of boundaries, the county superintendent could not undertake to do what the board had failed to do. The principle laid down in former decisions by this department, that the county superintendent had power to do on appeal what the board originally had power to do, does not apply to this case, since by the ruling of the county superintendent himself, no legal action was had by the board. For this reason, the redistricting made by the county superintendent is also null and void, and the whole matter is referred to the new board for their action at the September meeting. The decision of the county superintendent as regards redistricting, is hereby REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. March 21, 1879. JOSEPH HEATON v. I. W. GARD. Appeal from Ring gold County. EVIDENCE. In the trial for revocation of certificate testimony may be introduced to establish the general character and disposition of the teacher. Joseph Heaton prefers charges before the county superintendent of Ringgold county against T. W. Gard, a teacher employed in one of the schools of said county. The object of said charges was the revocation of a certificate granted by said county superintendent to said Gard. W. J. Work, county superintendent of said county, after due exam- ination and trial revoked the certificate, and I. W. Gard brings an ap- peal to the superintendent of public instruction. The evidence shows that under provocation Gard struck the son of Mr. Heaton, the plaintiff, with a large hickory rod, in such a manner as to lame him. There is also introduced in evidence the record of dismission of said Gard from a school in Union county for unbecoming conduct, showing a tendency to great violence and the attempted use of dangerous weapons. SCHOOL LAW DECISIONS. District No. 2, Harlan Township, v. District No. 1, Harlan Township. This evidence was objected to, but the objection was overruled. We think the county superintendent properly admitted the evidence, since the law says (section 1771) that a county superintendent may revoke a certificate for the same reasons for which he would have withheld the same. If the county superintendent had been in possession of said records when the examination of Mr. Grard took place he properly might have withheld the certificate, because he might have feared that Mr. Gard was not a proper person to administer discipline. That the manner of administering discipline in the case under consideration was unwar- ranted is clearly shown, unless we admit the unproven statement that the scholar attempted to use a knife. We cannot discover any unfairness, much less a showing of malice or prejudice, on the part of the county superintendent in giving his de- cision, and therefore his decision is hereby AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. April 22, 1879. DISTRICT No. 2, HARLAN TOWNSHIP, v. DISTRICT No. 1, HARLAN TOWNSHIP. Appeal from Page County. 1. AFFIDAVIT. The lack of an affidavit is sufficient ground to refuse a hearing. 2. ARBITRATION. If the county superintendent is asked to arbitrate no appeal will lie. 3. TUITION. Collection of tuition under section 1793 cannot be done by appeal to the county superintendent, but must be settled through the courts. We fail to find in this case the affidavit of appeal from an action of the board of directors of number one. This of itself is such an irreg- ularity as to invalidate the whole proceeding. From the secretary s transcript and the evidence we learn that district number two pre- sented a bill of tuition to district number one, and that the latter refused to pay the same, whereupon the two boards agreed to an arbi- tration by the county superintendent. If this is the transaction we have no right to meddle with such arbitration, and it should be ad- hered to by both parties. If the case had been regularly before the county superintendent on appeal based upon proper affidavit our opin- ion is that the county superintendent should have dismissed the case, as it was indirectly a judgment for money, which neither county nor SCHOOL LAW DECISIONS. T. F. Rankin v. District Township of Lodomillo. state superintendent can decide. (Section 1836, Code of 1873.) The manner of deciding such cases is indicated in section 1793. The account, if refused, should have been presented to the county auditor, and by him be paid from the next semi-annual apportionment. The other board has a remedy by injunction upon the auditor. We would add here that we have held that such a notice by a secre- tary holds good only for the term, or for such longer time as the board may agree upon. At present, with the amendment made by the seventeenth general assembly, chapter 41, no such account can be made except by consent of the county superintendent, in which case no appeal will lie. With these explanations we feel obliged to dismiss the case as not within our jurisdiction. DISMISSED. C. W. VON COELLN, Superintendent of Public Instruction. April 24, 1879. W. F. RANKIN v. DISTRICT TOWNSHIP OF LODOMILLO. Appeal from Clayton County. 1. RECORDS. The record of the secretary should be considered as evi- dence, and not be invalidated by parol evidence unless there is proof of fraud or falsehood. 2. TERRITORY: Transfer of. Where territory is to be transferred by concurrent action of two boards to the district to which it geographically belonged, a majority of the members elect is not necessary, as required for the change of subdistrict boundaries. This appeal relates to the transfer of territory in the civil township of Cass, which has belonged to the district township of Lodomillo since 1856, to the township to which it geographically belongs. The board of the district township of Cass appointed a committee. to meet a committee chosen by the Lodomillo board, to agree upon terms of transfer. The district township of Lodomillo also appointed a com- mittee. The joint committee agreed upon a report, which the board of Cass adopted September 16, 1878. On the 12th day of October, 1878, the Lodomillo board, by a vote of four of the six members pres- ent of a board of ten, also adopted the report and accepted the propo- sition agreed to by the board of Cass. From the action of the Lodomillo board Wm. F. Rankin appealed to the county superintendent, who dismissed the case for want of jurisdiction, and stated that the action of the board was plainly in 118 SCHOOL LAW DECISIONS. Henry Hilton and Edwin Hosier v. District Township of Coffin's Grove. violation of law, since the law (section 1738) requires a majority of the board to change the boundaries of subdistricts. From this decision W. F. Rankin appeals to the superintendent of public instruction. The secretary's transcript of the transactions of the meeting of the board of Lodomillo, held October 12, 1878, does not show any irregu- larity in the transaction; does not show the number of members pres- ent, nor the number of votes cast by which the motion was carried. According to a well established principle of law the records of any public or private corporation must be considered as regular, and can- not be set aside by parol evidence except under an allegation of fraud. See E. Sipple v. District Township of Lester. Based upon the evi- dence of the transcript the whole transaction was carried on in con- formity with law, and we can see no reason to interfere with the action of the board. If we admitted the testimony of Mr. M. E. Axtel, showing that only six members of a board of ten were present, and that four of these six voted for the transfer, we would still hold that said transfer was legally made. The action of the board was not a change of boundaries of subdis- tricts, but a transfer under section 1798. The territory transferred, being part of districts organized before the law of 1858 took effect, could be transferred by concurrent action of the board to the district- to which it geographically belongs, and the limitation of section 1738, requiring a majority of the board to change subdistrict boundaries, is not applicable to this case. The appeal is brought from the action of the board which concurred, and therefore is taken in a proper manner. For the reasons set forth the action of the board is sustained and the decision of the county superintendent is REVERSED. C. W. VON COELLN, Superintendent of Public Instruction. May 28, 1879. HENRY HILTON AND EDWIN MOSIER v. DISTRICT TOWNSHIP OF COP- FIN'S GROVE. Appeal from Delaware County. 1. NEW ISSUE. An amendment to the appeal, if involving a new issue, should be refused. 2. APPEAL : Time of. When thirty days have expired after the action of the board was taken an appeal will not lie. On the 6th day of October, 1879, the board of directors of the dis- trict township of Coffin's Grrove redistricted the township and ordered SCHOOL LAW DECISIONS. L. B. Coiburn et al. v. District Township of Silver L&ke. the removal of the school-house to subdistrict number four. From the action of the board ordering the removal of the school-house H. Hilton and E. Hosier appealed to the county superintendent. At the time of trial the appellants desired to amend their affidavit by in- cluding the action of the board redistncting the township. The county superintendent refused to allow the amendment on the ground that it was sought to introduce a new issue, and impliedly affirmed the order of the board, except as to the time of moving the school- house. The same parties now appeal to the superintendent of public instruction. The appeal to this department is for the purpose of deciding whether an amendment to the affidavit offered should be granted or refused. The grievance complained of by the appellants was the moving of a, school-house. The proposed amendment recited a grievance caused by the redistricting made by the board. The two are not joined in such .a way as to allow us to consider one as an amendment of the other. The real grievance, if it was such, of the parties, was the redistricting, while the removal of the school-house was the necessary consequence of such redistricting. Since the thirty days had expired within which an appeal from the action of the board in redistricting could be taken, the county super- intendent properly refused to accept a new issue in the form of an .amendment. We think, under these circumstances, he should have affirmed the action of the board, with a proviso that the school-house could not be removed until after the reorganization of the subdistrict in March. This is evidently the intention of the decision, and we shall affirm it, with the modification as above indicated. MODIFIED AND AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. January 22, 1880. L. B. CGLBCTRN et al. v. DISTRICT TOWNSHIP OF SILVER LAKE. Appeal from Palo Alto County. 1. EVIDENCE. To establish malice or prejudice on the part of the board positive evidence must be introduced. 2. COUNTY SUPERINTENDENTS. A county superintendent should not ask the state superintendent to decide a case on appeal for him, but may ask for an interpretation of law, either by the state superintendent or through him, by the attorney-generaL 120 SCHOOL LAW DECISIONS. L. B. Colburn et al. v. District Township of Silver Lake. On the 25th day of August, 1879, the board of directors of the dis- trict township of Silver Lake fixed the location of a school-house on the old site. From this order of the board, L. B. Colburn and others appealed to the county superintendent, who affirmed the action of the board, and from this decision the same parties appeal to the superintendent of public instruction. Among the errors enumerated, the appellants urge that the county superintendent erred in holding that the board was not actuated by passion or prejudice. We fail to find any evidence establishing the existence of such malice or prejudice on the part of the board. Appellants also claim that the county superintendent erred in basing his decision on the verbal opin- ion of the state superintendent, given prior to the hearing of the case. This gives us an opportunity of censuring a practice quite common among county superintendents to ask the superintendent of public in- struction for his opinion in an appeal which is pending. I have made it a universal practice to refuse answers upon the questions involved in the particular case, and have given only the general principles which should govern county superintendents in determining cases of appeal. These general principles are so well established that an intel- ligent county superintendent ought to be familiar with them. I believe that I advised the county superintendent in this case not to measure the respective distances of the different locations from the geographical center, before the trial of the appeal. It is proper for a county superintendent to ascertain the interpreta- tion of points of law, by securing an opinion from this department, or from the attorney-general, through this department. Without fully determining the merits of the respective locations, we must hold that the board did not abuse their discretion sufficiently to warrant interference. The appellants failing to prove malice or preju- dice on the part of the board, their order should stand, and the decision of the county superintendent affirming their action is AFFIRMED. C. W. VON COELLN, Superintendent of Public Instruction. March 30, 1880. INDEX TO APPEAL OASES. ADDITIONAL SCHOOL An additional school should be granted for fifteen or more schol- ars, who are too far from any school in their district to enjoy reasonable school facilities 101 AFFIDAVIT The affidavit may be amended when such action is not prejudicial to the rights of any party interested 41 An affidavit is a statement in writing, signed and made upon oath before an authorized magistrate 43 May be amended in the discretion of the county superintendent . . 59 The lack of an affidavit is sufficient ground to refuse a hearing. . . 116 APPEAL An appeal may be taken at any time within thirty days from the rendition of the order complained of 18 An appeal will not lie from an order of a board of directors initia- ting a change in the boundaries of the district township, where the concurrence of the board of an adjoining district township is necessary to effect the change 30 The right of appeal is not limited to cases of personal grievance. 39 Where changes are effected in district boundaries by the concur- rent action of two boards, appeal may be taken from the order of the board concurring or refusing to concur, but not from the order of the board taking action first - 57 Appeal may be taken from an action of the board which author- izes the making of a contract, but not from a subsequent action or order complying with the terms of a contract previously made ; nor from an action authorizing the issuance of an order in payment of a debt contracted by previous action of the board 65 A case whose sole purpose is to determine the validity of an order on the district treasury, or the equity of a claim, cannot be enter- tained on appeal to the county superintendent ; the courts of law alone can furnish an adequate remedy 65 16 122 INDEX PAGE APPEAL CONTINUED. Appeal will not be entertained from the action of the board in re- scinding a previous illegal action 66 Appeal will not lie from the neglect of the board to act on a petition 71 The execution by the board of the vote of the electors upon mat- ters within their control, is mandatory ; from such action of the board no appeal can be taken. If such action is tainted with fraud, an application to a court of law is the proper remedy ... 77 The right of appeal is confined to persons injuriously affected by the decision or order complained of. Ordinarily a person living in one subdistrict cannot properly appeal from an action of the board locating a site in another 78 The adoption of the committee's report in favor of retaining the - old school-house site, is an action from which appeal may be taken 80 Appeal may be taken from the action of the board in laying the subject-matter of a petition on the table 83 When an adequate remedy. From the exercise of ordinary discre- tion in the performance of an official duty, enjoined by law upon the board, appeal may be taken to the county superintend- ent ; but from a refusal to act, or from an action thereon clearly designed to defeat the purpose of the law, an application to the courts of law to compel the performance of the enjoined duty will afford the most speedy, and in some cases the only, adequate remedy 86 Time of. When thirty days have expired after the action of the board was taken an appeal will not lie 118 ARBITRATION If the county superintendent is asked to arbitrate no appeal will lie....... 116 BOARD OF DIRECTORS- The board should be sustained in all legitimate and reasonable measures, to maintain order and discipline, to uphold the right- ful authority of the teacher, and to prevent or suppress insubor- dination in the school : 68 The board, though not bound by a vote of the electors directing the precise location of a school-house site, are required to so lo- cate it as to accommodate the people for whom designed 77 If, in the selection of a site, the board violate law or abuse their discretionary power, their action may be reversed on appeal 77 The action of the board cannot be reversed upon the allegations of appellant without proof, or by reason of failure of the board to make defense 80 TO SCHOOL LAW DECISIONS. 23 PAGE BOAED OF DIRECTORS CONTINUED. The acts of the board are presumed to be regular, legal, and just, and should be affirmed on appeal, unless proof is brought to show the contrary 80 Discretionary acts of. The weight which properly attaches to the discretionary actions of a tribunal vested with original jurisdic- tion, does not apply to the decisions of an inferior appellate tri- bunal The board should be sustained when there is a reasonable degree of doubt as to the propriety of interfering with their action 81 The acts of the board are presumed to be regular, legal and just; and should be affirmed on appeal unless proof is brought to show the contrary 87 In the absence of evidence of violation of law, or abuse of discre- tion the board should be sustained 88 CLAIMS Just claims against the district can be enforced only in the courts of law ... 60 CONDITIONAL RULING A county superintendent may make a conditional ruling, by which his own decision is governed 98 CONTESTED ELECTION Jurisdiction. The proper method of determining a contested elec- tion for school director is by an action brought in the district court 51 CONTRACTS Contracts for the erection of school-houses, made by a subdirector or committee, require the approval of the board. 60 The terms of a contract may be changed by agreement of the con- tracting parties. If either party seeks to evade or change its terms, without the consent and to the prejudice of the other, the remedy is a suit at law 62 The district township is bound by the contract of the subdi- rector when made according to instructions of the board 64 If a subdirector enter into a contract on behalf of the district, without authority of the board, he does so at his own risk ; such contract is not binding upon the district unless approved by the board : -... 64 Questions involving contracts should not be brought before a county superintendent, unless it is to determine whether a pro- vision of school law has been violated in making such contract. . 97 124 INDEX CONT RACTS CONTINUED. Approval of. The president of the board, or when he is the sub- director making the contract, the board of directors, must ap- prove the contract, unless the instructions of the board have been disregarded 97 An appeal to enforce a contract cannot lie. To prevent the board from enforcing a contract in violation of law, an injunc- tion by a court is the proper remedy 106 An appeal will not lie to enforce a contract 113 COUNTY SUPERINTENDENT- May upon appeal create subdistrict 41 Has no jurisdiction of an appeal until an affidavit is filed 43 Should not reverse an action of the board of directors which is in accordance with instructions of the superintendent of public instruction 45 At the hearing of an appeal before the county superintendent, it is competent for him, upon his own motion, to call additional wit- nesses to give testimony 47 The county superintendent may reconsider and modify a decision on proof that it does not conform to law 82 Jurisdiction of. The county superintendent is not limited to a reversal or affirmance of the action of the board, but he deter- mines the same questions which they had determined 98 Jurisdiction of. When there is no legal act of the board the county superintendent should not attempt to act on appeal ; but simply declare the act of the board void 114 A county superintendent should not ask the state superintendent to decide a case on appeal for him, but may ask for an interpre- tation of law, either by the state superintendent or through him, by the attorney-general 118 DISCRETIONARY ACTS The county superintendent having only appellate jurisdiction, should not reverse discretionary acts of the board, without ex- plicit and clearly stated proof of the abuse of such discretion, even though not fully approving their action 39 Discretionary acts may be reversed on appeal, but should not be disturbed except upon evidence of unjust exercise or abuse 43 Since the board of directors have original jurisdiction, their discretionary acts should not be interfered with by an appellate tribunal, although not agreeing with their judgment, unless they violated law, showed prejudice or malice, or abused their discretion in such a manner as to require interference 100 DISTRICT TOWNSHIP Should not ordinarily contain more than nine subdistricts 46 TO SCHOOL LAW DECISIONS. 125 PAGE ELECTION Evidence of. The certificate of the officers of the annual subdistrict meeting is the legal evidence of election as subdirector, and as a general rule the board are justified in declining to recognize a person as a member of the board until he produces such certifi- cate 51 EVIDENCE Parol. Cannot be received in the absence of allegations of fraud, to contradict or impeach the validity of school district records . . 47 Where the law requires the evidence of a transaction to be in writing, oral evidence can be substituted for it only, when the writing cannot be produced 51 Sufficient latitude should be allowed in the introduction of testi- mony to permit a full presentation of the issues involved, even if irrelevant testimony is occasionally admitted 83 A case of grievance should be plainly established by evidence, or the reason for lack of evidence explained 88 In the trial for revocation of certificate testimony may be intro- duced to establish the general character and disposition of the teacher 115 To establish malice or prejudice on the part of the board, positive evidence must be introduced 119 EXPLANATORY NOTES- Force of. Notes to the school law, while proper aids to the school officers, have not the binding force of law, and a non-compliance with them is not necessarily a violation of law 37 GOVERNMENT The inability to govern is sufficient reason for withholding a cer- tificate and for the revocation of the same 107 HIGHWAY- Since the law requires a school-house to be located on a public highway, such public highway must be fully established by law before the location can be made 96 INDEPENDENT DISTRICT Formation of. The opportunity to vote upon the question of form- ing independent districts from the subdistricts of a district town- ship ceased July 4, 1876, by the taking effect of chapter 155, laws of 1876 86 Establishment of. City and town independent districts may be formed from different townships and counties 102 JANITORIAL SERVICES If a teacher serves as janitor in sweeping the room and building fires, he should be paid from the contingent fund for such ser- vices .. us 126 INDEX PAGE JURISDICTION The superintendent's jurisdiction on appeal is not greater than that of the board from whose action the appeal is taken 30 An application for an appeal filed within thirty days from the act of the board complained of, will not give the county superin- tendent jurisdiction of the case. The appeal must be taken by affidavit 53 The county superintendent has not jurisdiction of cases involving a money demand 55 In cases involving the validity of district organization no appeal will lie. The remedy is a writ in the nature of quo warranto ... 89 LANGUAGE OF STATUTE Construction of. In construing the language of a statute, the his- tory of the legislation affecting such statute will always be con- sidered 102 LIABILITY OF DISTRICT BOARD Where a board of directors refuse to draw an order on the treas- urer for the amount of a judgment obtained against the district, and therefore a judgment is obtained against the individuals composing the board, the claim against the district has expired, and the board has then no power to draw such order 19 The board of directors have no power to levy a tax for the benefit of the school-house fund, unless authorized to do so by a vote of the electors 19 MOTION When a motion to dismiss is overruled, the superintendent should proceed to try the case upon its merits 18 NEW EVIDENCE- New evidence can be introduced only when the facts materially affecting the case could not have been known before the trial. . . 90 NEW ISSUE An amendment to the appeal, if involving a new issue, should be refused 118 NEW TRIAL A new trial for the revocation of a certificate must be proceeded with as if no trial had been held 92 NOTICE The county superintendent should not issue notice of final hearing until both the affidavit and transcript of the district secretary have been filed in his office 43 The want of notice is waived by the voluntary appearance of the party for any purpose connected with the cause. 54 TO SCHOOL LAW DECISIONS. 127 PAGE PROCEEDINGS Regularity of, presumed. When the district township records show that for a number of consecutive years the children of certain congressional divisions of land have been enumerated, and have attended school in a certain district township, and no objections have been raised, it will be presumed that the territory is regu- larly attached to, and forms a part of, said district township 23 In the absence of proof to the contrary, the legal presumption is that the proceedings before the county superintendent were en- tirely regular 37 PUNISHMENT The punishment of a pupil with undue severity, or with an im- proper instrument is unwarrantable, and may serve, in some degree, to indicate the animus of the teacher 67 Right to inflict upon pupils. The right of the parent to restrain and coerce obedience in children applies equally to the teacher, or to any one who acts in loco parentis 68 The use of the rod is allowable as a last resort 107 QUO WARRANTO- The only proper means of affirming the right to exercise the privi- lege of an office, or to contest the illegal exercise of the same, is set forth in sections 3345-3352, Code of 1873 95 RECORDS Defective. May be amended 28 The board of directors may at any time amend the record of the district, when necessary to correct mistakes or supply omissions ; and may, upon proper showing, be compelled, by mandamus, to make such corrections 47 The record of the secretary must be considered as evidence, unless there is proof of fraud or falsehood 109 The record of the secretary should be considered as evidence, and not be invalidated by parol evidence unless there is proof of fraud or falsehood 117 REDISTRICTING It requires a majority of the board elected to redistrict. An action taken to redistrict without such majority voting for it is null and void 114 REHEARING The county superintendent may, for sufficient cause, grant a re- hearing 73 REMANDING OF CASES When the evidence discloses that the action of the board was an unwise one, and the facts are not sufficiently shown to deter- mine what should be done, the case should be remanded 90 128 INDEX PAGE REVOCATION OF TEACHER'S CERTIFICATE The order of a county superintendent revoking a certificate will not be interfered with on appeal, unless it appears that he acted from passion or prejudice 34 Opinions unsupported by facts cannot be received as satisfactory evidence of prejudice 34 A teacher's certificate can be legally revoked only upon proof of charges of which he has had personal notice, and against which he has had the opportunity to make his defense 63 A person addicted to the use of intoxicating liquors who even occasionally becomes intoxicated is not likely to promote correct moral teaching in the public schools by his example, nor to pos- sess such moral character as to entitle him to a teacher's cer- tificate 63 Effect of. Conditions made in the revocation of a certificate must be within the jurisdiction of the county superintendent, and must apply to the whole county 92 A certificate which has expired by limitation cannot be re- voked , 10Y In the trial for revocation of certificate testimony may be intro- duced to establish the general character and disposition of the teacher 115 RULES AND REGULATIONS- The power to prescribe rules and regulations for the government of the board is not a function of the electors. A rule adopted by the board, and not a provision of law, may be modified at the option of the board 64 Boards of directors and their agents, the teachers, may establish reasonable rules for the government of schools and the control of pupils 68 The teacher has the right to require a pupil to answer questions which tend to elicit facts concerning his conduct in school 68 The pupil is answerable for acts which tend to produce merriment in the school or to degrade the teacher 68 Open violation of the rules of the school cannot be shielded from investigation under the plea that it invades the rights of con- science 68 SALARY OF TEACHERS The salary of teachers should be in proportion to their ability and responsibility, and not equal when these circumstances differ materially 110 Control of. The control of salaries is wholly within the power of the board and cannot be determined by an appeal, because it is not within the jurisdiction of county or state superintendent to order the payment of money 110 TO SCHOOL LAW DECISIONS. 129 SCHOOLS- PAGE Every person between the ages of five and twenty-one years has the right to attend school in the district in which he resides, regardless of considerations relating to race, nationality, the holding of property, or the payment of taxes 74 The payment of school taxes does not entitle non-residents to school privileges . 74 The board have authority to determine when, and upon what terms, non-resident pupils may attend the schools of their dis- trict 74 SCHOOL FUNDS Disbursement of. The treasurer is the proper custodian of all funds belonging to the district, and can legally pay them out only upon orders specifying the fund on which they are drawn and the specific use to which they are applied. The board cannot authorize the subdirector to use the public funds for any pur- pose 60 SCHOOL-HOUSE Power of the board to build. If in their judgment the wants of a subdistrict require, the board are empowered to erect a school- house without action on the part of the electors of the subdis- trict 29 Removal of. A vote of the electors of a subdistrict to remove a school-house, will not compel the board to act affirmjatively in relation thereto Erection of. A school-house cannot be erected in a subdistrict, if from any cause the number of persons between five and twenty-one years of age, has been reduced below fifteen 108 Removal of. School-houses cannot be moved to accommodate redis- tricting until after the change of subdistricts takes effect in March 12 SCHOOL-HOUSE SITE Location of. The action of a committee appointed by the board to locate a site is of no force until officially adopted by the board while in session 78 Subdistrict boundaries cannot be changed upon an appeal relating solely to the location of a site, nor can a site be located with the expectation that boundaries will be changed, unless such is v shown to be the intention of the board 78 A site located by the county superintendent cannot be changed by the board, while the condition of the district remains without material change 82 17 130 INDEX PAGE SCHOOL-HOUSE SITE CONTINUED. The prospective wants of a subdistrict may properly have weight in determining the selection of a site, when such selection be- comes necessary ; but not in securing the removal of a school- house, conveniently located for the present 87 To make a distinction between the children of freeholders and those of tenants in determining the proper location for a school- house, is contrary to the spirit and intent of our laws 87 Location of. The necessities of the present must be observed in lo- cating school-house sites, in preference to the probabilities of t\\G future 90 The owner of a residence can object, whether at the time an occupant or not, if section 1826 applies 94 Location of. The location of a school-house can be dependent upon a change of boundaries, only when it is shown in evidence that it is the intention to make such change 98 The choice of a school-house site by the electors has no binding force 100 A school-house site fixed by county or state superintendent affirm- ing the discretionary act of the board, allows the board to exer- cise their discretion again, especially if material changes have occurred Ill School-house sites fixed by county or state superintendent can be relocated when material changes have occurred 112 SCHOOL-HOUSE TAX Where it has been the uniform custom to apportion the school- house tax among the several subdistricts, the board are not governed by a vote of the electors instructing them to levy the tax directly upon the property of a subdistrict 31 All taxes voted by the district township meeting must be appor- tioned among the subdistricts. All taxes voted by the sub- district meeting which the district township neglects or refuses to grant, must be certified and levied upon the subdistrict. The board have no option but to obey the requirements of the law . . 72 SCHOOL OKDEKS- "When improperly issued by the board of directors, the proper remedy is an injunction from the civil courts 55 SETTLEMENT After an independent district has been erected within a district township and the respective boards of directors have paid the debts owing by the district prior to the separation, and divided the funds on hand, anew board of one of these organizations cannot appeal 17 TO SCHOOL LAW DECISIONS. -p A /~< TJ*- SUBDISTKICTS- A subdistrict is not entitled to draw money from the district treas- ury in lieu of the full term of school required by law IT It is better to have large subdistricts with good school-houses well furnished, than small subdistricts with small and poorly fur- nished school-houses 25 Size of. There are serious objections to the formation of small sub- districts , 45 The practice of cutting district townships into numerous subdis- tricts of small size, is detrimental to the educational progress of the state, and will not be sustained on appeal 54 When a subdistrict composed of four sections of land has built its own school-house, it should not be consolidated with another as a temporary expedient to avoid the expense of maintaining a school 5<> The formation of small or irregularly shaped subdistricts should be avoided 59 A subdistrict is not a corporate body, and has no control of any public fund 61 The area of a subdistrict which contains less than fifteen pupils, cannot legally be reduced, even though' by such reduction no pupils are transferred 75 Other things being equal, both territory and school population should be about equally divided among the subdistricts of a dis- trict township 76 One subdistrict should not ordinarily have an excess over the average subdistrict of the district township both in territory and school population, nor should it lack in both 76 Formation of. Subdistricts having at the time of formation fifteen persons between five and twenty-one years of age, are properly formed 10& SUBDISTE1CT BOUNDARIES- A subdistrict which, prior to the passage of the act of March 12, 1858, was composed of parts of two or more civil townships, can- not be dissolved by the action of one of the boards of directors interested 21 Change of. In changing subdistrict boundaries, both the present and the future welfare of the district should be considered 25 Change of. The county superintendent may, on appeal, redistrict. A refusal by the board to act upon a petition to redistrict is an act from which an appeal will lie 32 Change of. The acts of a board of directors changing subdistrict boundaries and locating school-houses are so far discretionary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion 39 132 INDEX. PAGE SUBDISTRICT BOUNDARIES-CONTINUED. Change of. At the hearing of an appeal before the county superin- tendent, it is competent for him, upon his own motion, to call additional witnesses to give testimony 47 It requires an affirmative vote of a majority of all the members of the board to effect a change in subdistrict boundaries. 56 Subdistrict boundaries can be changed only by affirmative vote of a majority of all the members of the board of directors ... 66 SUSPENSION OR EXPULSION Suspension or expulsion of a scholar requires the action of the board by a majority, and the concurrence of the president... 100 TEACHERS- Right of, to inflict punishment upon their pupils. A school-mas- ter who stands in loco par entis may, in proper cases, inflict mod- erate and reasonable chastisement. The law confides to teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions 26 When a teacher is dismissed, in violation of his contract, an action in the courts of law, on the contract, will afford him a speedy and adequate remedy ; when discharged for incompetency, dere- liction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal 85 The teacher is entitled to the counsel and co-operation of the sub- director and board in all matters pertaining to the conduct and welfare of the school 86 TERRITORY Transfer of. Territory must be transferred under the provisions of section 1797, by the county superintendent and the board of the district from which the territory is taken, and as the county superintendent has original jurisdiction, no appeal will lie 93 Section 1797, School Laws of 1876, applies only when natural obstacles exist. 93 Transfer of. The mandatory provision of section 1798, for the transfer of territory, applies only when both corporations are district townships 102 Transfer of. Where territory is to be transferred by concurrent action of two boards to the district to which it geographically belonged, a majority of the members elect is not necessary, as required for the change of subdistrict boundaries 117 TUITION Collection of tuition under section 1793 cannot be done by appeal to the county superintendent, but must be settled through the courts.. 116 SCHOOL LAWS OF IOWA FROM THE CQDE OF 1873, AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH AND EIGHTEENTH GENERAL ASSEMBLIES, WITH NOTES AND FORMS, FOB THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 188O. C. W. VON COELLN, SUPERINTENDENT OF PUBLIC INSTRUCTION. DES MOINES: F. M. MILLS, STATE PRINTER. 1SSO. PREFACE. THE last edition of School Laws was published in 1876 by my pred- ecessor, Hon. A. Abernethy, and we have reason to believe that many of our school officers are now entirely without copies of School Laws. We advise the laying aside of all old School Laws. The decisions in the edition for 1876 may be useful at times, but the use of old editions of School Laws will simply confuse. We insert all amendments made to the Code of 1873, in their proper places, and indicate such changes at the beginning of the section. The laws which cannot be thus incorporated are printed separately, at the end of the revision of that part from the Code which pertains to the schools. The notes at the bottom of the pages are intended to aid school officers in the administration of their duties. They have not the force of law, except where we have given the decision of the Supreme Court. A few suggestions of a general nature may not be out of place here. The electors have only such powers as are specially given to them; these are found enumerated in sections 1717, 1717 J, 1718-1720, 1753 referring to the control of the school-house, 1763 and 1778 refer- ring to a vote of the electors of a subdistrict to raise a tax for build- ing school-houses. For independent districts, sections 1801, 1802, 1807, 1808, 1810, 1811, 1812, 1814, 1816, 1818, 1822, and chapter 133 of the seventeenth general assembly, as amended by chapter 131 of the eighteenth general assembly, relate to powers of electors. All other powers are reserved to the board of directors. The board of directors have large discretionary powers and should exercise those powers with care and impartiality. It is made incum- bent upon them to protect the interest of the tax-payers by not levy- ing unnecessary taxes. In many districts there is more money on hand in the teachers 1 fund than is required to pay for a year's salaries in advance. The total amount on hand on the 15th of September, 1879, was nearly two and three-fourths million dollars. The board are required to settle with the treasurer by the provisions of 4 PREFACE. section 1732 and examine into his accounts. They should make this ex- amination thoroughly and at the end of the year on the third Monday of September they should require not only a settlement but also that the treasurer should produce and count all money in his hands at that time, and if he is re-elected, they should indorse the fact of such settle- ment and accounting of funds on the bond of the treasurer. With- out such compliance with the law (section 690 of the Code, as quoted in note (c) to section 1751), the bondsmen will not be respon- sible for losses subsequently ascertained. The board of directors of district townships are to restrict the sub- directors in such a way as to prevent difficulties. For this purpose they should, under section 1737, make such rules and restrictions for the government of subdirectors as will best subserve the interests of the people. The frequent complaints which reach us lead us to sug- gest that subdirectors should be instructed to make no contracts beyond the year for which the board are elected, should not engage themselves or near relatives, unless they have special permission to do so by the board in full session; nor should they engage a teacher, when a majority of the electors or patrons of the school protest in writing to such selection. The constant complaint of the variety of text-books used in school, and the too frequent changes of these books by teachers and subdi- rectors, lead us to call the special attention of boards of directors to their power to select text-books, given them, impliedly, by section 1728. This power should be exercised and in the selection due regard should be had to secure the best books, and if possible to retain those which are in common use, and then provide in the contract with teachers that they shall not change these books. Teachers should be sustained in their work and aided by advice and visitation, and, if it becomes necessary to dismiss a teacher, it should be done in accordance with law and after a fair trial and the oppor- tunity of defense, which defense may be made by attorney or other- wise as the teacher may choose. No new School Laws will be published within the next four years, hence the necessity to preserve the copies furnished to officers. All copies so furnished must be delivered to the successors in office by retiring directors and officers. C. W. vox COELLN, Superintendent of Public Instruction. DES MOIXES, IOWA, May 1, 1880. SCHOOL LAWS OF IOWA. FKOM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, AND EIGHTEENTH GENERAL ASSEMBLIES. SCHOOL DISTRICTS. SECTION 1713. Each civil township now or hereafter school dis- organized, and each independent school district organized tr as such prior to the taking effect of this code, is hereby declared a school district for all the purposes of this chap- ter, subject to the provisions hereinafter made. SEC. 1714. When an organized district has been left without officers, the township trustees shall give such notice for a special election of directors as is required in cases of regular district elections; and the persons elected shall con- tinue in office until their successors are duly elected and qualified. SEC. 1715. When changes in civil township boundaries Division .. di8 - T , i ini T'l i i I tr'ct:apportion- are made, or any district shall be divided into two or more *^nt of assets entire townships for civil purposes, the existing board o f and liabmtlea * directors shall continue to act for both or all the new. dis- tricts, or parts of districts, until the next regular district election thereafter, at which time the new district townships SECTION 1713. The design of the law is that civil and district township boundaries shall coincide. When new civil townships are formed, the corresponding changes in district township boundaries take effect at the next subdistrict election. See sec- tions 1715 and 1796. SEC. 1714. In case the board is reduced below a quorum, by resignation or otherwise, the township trustees should call a special election to fill the vacancies. The ballots in such elec- tion, in independent districts, should indicate in whose place the person voted for shall serve. In independent districts five notices should be posted, as provided in sections 1742 and 1801 ; in district townships, three notices are required in each subdis- trict, as provided in section 1718. SEC. 1715. (a) New district townships are not organized until the lirst Monday in March after the election of officers of the 1^79. The board of supervisors of each county shall, at the time of levying the taxes for county purposes, levy a tax for the support of schools within the county of not less than one mill, nor more than three mills on the dollar, on the assessed value of all the real and personal among the subdistricts of the township. The basis of this apportionment is the aggregate number of mills previously levied upon the subdistricts of the township for school-house purposes. The apportionment should be made so as gradually to equalize these rates, in order that the school-house tax may, ultimately, be uniform throughout the district. (b) The township electors may vote a tax for the erection of a school-house in any subdistrict, without previous action of the subdistrict electors. If the subdistrict electors vote to raise a sum for school-house purposes, it is the duty of the subdirector to certify the same to the district township meeting. If this duty is neglected the board of directors are not authorized to certify the tax voted. "Whatever portion of the sum properly certilied the district meeting neglects or refuses to grant, must be certilied and levied directly upon the subdistrict making the request, in addition to the equitable portion of the whole amount Toted by the district township meeting. If the meeting refuses to vote any amount the whole must be certified and levied upon the subdistrict (<:) The tendency of the action of the subdistrict electors in voting school-house taxes, is to produce unequal rates of taxa- tion for school-house purposes, and otherwise greatly to com- plicate the raising of school-house funds; hence, unless the necessities of the case absolutely require, such action should not be encouraged. All necessary school-house taxes should, as a. rule, he voted by the district township meeting. Sec note (c> to Form 8. SEC. 1770. Personal property should be taxed in the district where the person resides, the general rule being that personal property attaches itself to the residence of the owner. See sec- tions 803-C and 823-4, Code of 1873. SCHOOL LAWS OF IOWA. 43 property within the county, which shall be collected by the county treasurer at the time and in the same manner as state and county taxes are collected, except that it shall be receivable only in cash. SEC. 1780. They shall also levy at the same time, the dis- trict school tax certified to them from time to time by the respective district secretaries; provided, that the amount levied for school-house fund shall not exceed ten mills on the dollar, on the property of any district, and the amount levied for contingent fund shall not exceed five dollars per pupil, and the amount raised for teachers' fund, including the amount received from the semi-annual apportionment, shall not exceed fifteen dollars per pupil for each pupil residing in the district, as shown by the last report of the county superintendent. And if the amount certified to the board of supervisors exceeds this limit, they shall levy only to the amount limited; provided , that they may levy sev- enty-five dollars for contingent fund, and two hundred and seventy dollars, including the amount received from the semi-annual apportionment, for the teachers' fund for each subdistrict. COUNTY AUDITOR. SEC. 1781. The county auditor shall, on the first Monday county auditor in April and the fourth Monday in September of each year, ^xTSS- apportion the county school tax, together with the interest tweet on school of the permanent school fund to which his county is enti- u tied, and all other money in the hands of the county treas- urer belonging in common to the schools of his county and not included in any previous apportionment among the several districts therein, in proportion to the number of per- sons between five and twenty-one years of age, as shown by the report of the county superintendent filed with him for the year immediately preceding. SEC. 1782. He shall immediately notify the president of Notify president each school district of the sum to which his district is enti- SLtSct S . tied by said apportionment, and shall issue his warrant for the same to accompany said notice, which warrant shall be also signed by the president and countersigned by the sec- retary of the district in whose favor the same is drawn; and shall authorize the district treasurer to draw the amount due SEC. 1TSO. The second proviso in this section was added for the relief of sparsely settled townships, in which five dollars per scholar for contingent fund, and fifteen dollars per scholar for teachers' fund, is not adequate to maintain schools for- the time required by luw. In such districts these limits may be ex- ceeded, providing not more than $75 for contingent fund, and $i'70 including the semi-annual apportionment, for teachers' fund, is levied for each subdistrict in the township. Si-:c. 1781. For the basis of the apportionment to new dis- tricts, see note (e) to section 1772. 44 SCHOOL LAWS OF IOWA. said district from the county treasurer; and the secretary shall charge the treasurer of the district with all warrants drawn in his favor, and credit him with all warrants drawn on the funds in his hands, keeping separate accounts with each fund. Fonrard^rtia. SEC. 1783. He shall forward to the superintendent of o? county ^ 1 - " public instruction a certificate of the election or appoint- Sdr^uo ment an( * qualification of the county superintendent; and auditor of state, shall, also, on the second Monday in February and August of each year, make out and transmit to the auditor of state, in accordance with such forms as said auditor may prescribe, a report of the interest of the school fund then in the hands of the county treasurer, and not included in any previous apportionment, and also the amount of said interest remain- ing unpaid. COUNTY TREASURER. to'a 7ro r iS? SE . C< 178 4- Tlie count y treasurer shall, on the first Mon- day in April of each year, pay over to the treasurer of the district the amount of all school district tax which shall have been collected, and shall render him a statement of the amount uncollected, and shall pay over the amount in his hands quarterly thereafter. He shall also keep the amount of tax levied for school-house purposes, separate in each subdistrict, where such levy has been made directly upon the property of the subdistrict making the applica- tion, and shall pay over the same quarterly to the township treasurer for the benefit of such subdistrict. He shall, in all counties wherein independent districts are organized, keep a separate account with said independent districts, in which the receipts shall be daily entered, which books shall at all times be open to the inspection and examination of the district board of directors, and shall pay over to the said independent districts the amount of school taxes in his possession on the order of the board, on the first day of each and every month. SEC. 1783. It is important that the certificate referred to should be promptly forwarded to the superintendent of public instruc- tion ; otherwise, the interests of the county may suffer by tho transaction of business with persons not duly authorized to act The certificate should in all cases certify to the qualification as well as the election or appointment of the county superintend- ent; for, although he may be properly elected or appointed, yet he cannot be recognized until it is known that he has taken the necessary oath of office and filed the required bond. Whenever any change is made by resignation or otherwise, a certificate of the appointment and qualification of a successor should be im- mediately forwarded. SCHOOL LAWS OF IOWA. 45 SEC. 1785. On the first day of each quarter, the county TO notify P rei- treasurer shall give notice to the president of the school board of each township in his county of the amount col- lected for each fund; and the president of each board shall draw his warrant, countersigned by the secretary, upon the county treasurer for such amount, who shall pay the amount of such taxes to the treasurers of the several school boards only on such warrants. MISCELLANEOUS. SEC. 1786. All fines and penalties collected from a school district officer by virtue of any of the provisions of this chapter, shall inure to the benefit of that particular district. Those collected from any member of the board of directors, shall belong to the district township, and those collected from county officers, to the county. In the two former cases, suit shall be brought in the name of the district township; in fche latter, in the name of the county, and by the district attorney. The amount in each case shall be added to the .fund next to be applied by the recipient for the use of common schools. SEC. 1787. When a judgment has been obtained against a school district, the board of directors shall pay off and satisfy the same from the proper fund, by an order on the treasurer; and the district meeting, at the time for voting a tax for the payment of other liabilities of the district shall provide for the payment of such order or orders. SEC. 1788. In case a school district has borrowed money 0B c oo of the school fund, the board of supervisors shall levy such fund: how paid. tax, not exceeding five mills on the dollar in any one year, on the taxable property of the district as constituted at the time of making such loan, as may be necessary to pay the annual interest on said loan, and the principal when the same falls due, unless the board of supervisors shall see proper to extend the time of said loan. SEC. 1789. No district township or subdistrict meeting shall organize earlier than nine o clock A. M., nor adjourn before twelve o'clock M. ; and in all independent districts having a population of three hundred and upward, the polls shall remain open from nine o'clock A. M. to four o'clock p. M. SEC. 1785. The three funds provided for by law, viz.: school- house, teachers', and contingent, must be kept separate by the county treasurer, as provided for in this section, to enable school officers to comply with the law in the discharge of their official duties. See sections 1739, 1741, 1745, 1748 and 1750. SEC. 1780. (a) The object of this section is to prevent a few designing persons from meeting at an unusual hour, dispatching the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with 46 SCHOOL LAWS OF IOWA. jurisdiction. children may triot. oath: admin!*- SEC. 1700. Any school director, or director elect, is au- ouier. eac th prized to administer to any school director elect the official oath required by law. and said official oath may be taken on or before the third Monday in March following the election of directors. Deliver money, SEC. 1791. When any school officer is superseded by successor:' pen- e l ec tion or otherwise, he shall immediately deliver to his aityforiaiiure." successor in office, all books, papers, and moneys pertaining to his office, taking a receipt therefor; and every such officer who shall refuse to do so, or who shall willfully mutilate or destroy any such books or papers, or any part thereof, or shall misapply any moneys entrusted to him by virtue of his office, shall be liable to the provisions of the general statutes for the punishment of such offense. SEC. 1792. Nothing in this chapter shall be so construed as to give the board of directors of a district township juris- diction over any territory included within the limits of any independent district. SEC. 1793. (As amended by Chap. 64, Laws of 1876, a ? d . Cha P- 41 i Laws of 1878 -) Children residing in one district may attend school in another in the same or adjoin- ing county or township, on such terms as may be agreed entire fairness, and an opportunity given for an expression of the real sentiment of the district. (b) In district townships, subdistricts, and in independent districts containing less than three hundred inhabitants, the meeting may be organized at any time after 9 o'clock A. M., and before 6 o'clock p. M., and may continue as long after 12 M. as circumstances may require. (c) The law contemplates at least three hours for the elec- tion, in any case. Iowa Reports, 37, 131 ; 39, 381. SEC. 1790. (a) When any election is contested the person elected shall have twenty days in which to qualify, after the date of the decision. See section GS7, Code. (b) The secretary of the board of directors, unless lie is a notary public or other civil officer qualified to administer oaths, cannot administer the oath to subdirectors. A sulxlirector, whether holding over or elected, can administer the oath of qualification. (c). The decision of a tie vote, as made by chapter 7, laws of the eighteenth general assembly, may make it impossible for the person chosen to qualify on the third Monday in March. In such case, the board should fix a reasonable time within which the person must qualify. The provisions of section CS7, Code, may perhaps apply. See note (a) above. SEC. 1791. See sections 3908, 3917, 3918, and 3929, Code. The language of this section includes copies of the school laws, school journals, reports, and all other publications which may be received by virtue of being a school officer. SEC. 1793. (a) If scholars reside more than one and one-half miles from a school in then* own district and nearer to a school SCHOOL LAWS OF IOWA. 47 upon by the respective boards of directors; but in case no such agreement is made, they may attend school in any such adjoining district, with the consent of the county JJ superintendent of the county where said pupils reside and tc the board of directors of said adjoining district, when they directora - reside nearer the school in said district, and one and a half miles or more, by the nearest traveled highway, from any school in their own. The board of directors of the town- ship in which such children reside, shall be notified in writing, and the district in which they reside shall pay to the district in which they attend school, the average tuition of said children per week, and an average proportion of the contingent expenses of said district where they attend school; and in case of refusal so to do, the secretary shall file the account for said tuition and contingent expenses certified to by the president of his board, with the county auditor of the county in which said children reside, and SitTo? fron the said county auditor shall at the time of making the $ c ning d next semi-annual apportionment thereafter, deduct the amount so certified from the sum apportioned to the district in which said children reside, and cause it to be paid over to the district in which they have attended school. in an adjoining district, which they desire to attend, application should first be made to both boards of directors ; if the boards refuse to enter into an agreement, they may attend school in such adjoining district with the consent of the board of the dis- trict where they desire to attend and of the county superin- tendent of the county in which the children reside. (b) The notice referred to in this section cannot, be said to be officially transmitted unless signed by both the president and secretary of the district. Payment for attendance can be col- lected from the district where they reside, only from the date of such notice. (c) Depositing a letter in a post-office without further proof that such letter reached the party addressed, is not a legal notice as required by section 1793 to secure the payment of tuition on the part of an adjoining district. (d) The average proportion of tuition and contingent expen- ses for any number of scholars is found by dividing the amount expended for these purposes in the subdistrict where they have attended, by the total attendance in days, and multiplying the quotient by the number of days said scholars have attended. When scholars attend a graded school, the average tuition should be computed on the basis of the expense of each pupil in the grade or room in which such scholars are placed ; the average expense of contingent fund may be computed as a part of the whole contingent expense of such school. (e) If scholars reside nearer to a school in their own district, or within one and one-half miles of one, they can attend school in an adjoining district at the expense of their own district, only by agreement of both boards. 48 SCHOOL LAWS OF IOWA. Residence of pupils Pupils: where attend school. Divide town- ships. SEC. 1794. Pupils who are actual residents of a district shall be permitted to attend school in the same, regardless of the time when they acquired such residence, whether be- fore or after the enumeration, or of the residence of their parents or guardians; but pupils who are sojourning tem- porarily in one district, while their actual residence is in another, and to whom the last preceding section is not ap- plicable, may attend school upon such terms as the board of directors may deem just and equitable. SEC. 1795. Pupils may attend school in any subdistrict of the district township in which they reside with the con- sent of the subdirector of such subdistrict, and of the sub- director of the subdistrict in which such pupils reside. SEC. 1796. The board of directors shall, at their regular meeting in September, or at any special meeting called thereafter for that purpose, divide their township into sub- districts, such as justice, equity, and the interests of the people require; and may make such alterations of the bound- (f) Any other action than compliance with the absolute and explicit terms of the law will render the collection of tuition impossible. Cg) In no case can scholars attend school in a district in which they do not reside, without the consent of the board thereof. The distance should, in all cases, be computed by the nearest public road. SEC. 1794. (a) The residence of the scholar, and not of the parent, determines his right to attend school. The parent may reside in one district and the child in another. If the parent sends him into another district to remain for a limited period he can attend school only on such terms as may be prescribed by the board of directors. (b) When there is a question of doubt whether parties are entitled by their residence to school privileges, since the fact of residence depends upon the intention of the parties themselves, their affidavits are the best guide to determine the matter. SEC. 1795. (a) In order that scholars may attend in an ad- joining subdistrict in their own district township, it is nec- essary to have the consent of both subdirectors. Since this matter is placed in the hands of the subdirectors, the board have no control, and the only remedy is such a redistricting, un- der section 1796, as will better accommodate all parties. (b) Special powers delegated to the subdirector by the law, as, for instance, the control of the school-house in his own sub- district (section 1753), and the right to determine whether schol- ars may attend from or in an adjoining subdistrict (section 1795), cannot be assumed by the board. SEC. 1796. (a) While this section provides that boards may change subdistrict boundaries at the regular meeting in Sep- tember, or at a special meeting called for that purpose between September and March, it must be understood that such change cannot be made so late as to prevent the notices for election SCHOOL LAWS OF IOWA. 49 of subdistricts heretofore formed, as may be deemed ssary; and shall designate such subdistricts, and all subsequent alterations, in a distinct and legible manner, upon a plat of the district provided for that purpose; and shall cause a written description of the same to be recorded in the district records, a copy of which shall be delivered by the secretary to the county treasurer, and also to the county auditor, who shall record the same in his office ; pro- vided, that the boundaries of subdistricts shall conform to the lines of congressional divisions of land; and that the formation and alteration of subdistricts as contemplated in this section, shall not take effect until the next subdistrict election thereafter, at which election a subdirector shall be elected for the new subdistrict. SEC. 1797. In cases where, by reason of streams or other where streams natural obstacles, any portion of the inhabitants of any ?ies interfere?" school district cannot, in the opinion of the county super- intendent, with reasonable facility enjoy the advantages of any school in their township, the said county superintendent, with the consent of the board of directors of such district as may be affected thereby, may attach such part of said from being given at least five days previous to the election, as required by section 1718. (b) It requires a vote of a majority of all the members of the board of directors to make any changes in the boundaries of subdistricts. See section 1738. (c) It is especially important that the county auditor and treasurer be officially notified by the district secretary whenever any changes are made in the district township boundaries, by the formation of independent districts or otherwise, to enable these officers to perform their duties in the levy of taxes and the apportionment and disbursement of school funds. (d) By congressional divisions of land is meant those divis- ions authorized by congress in government surveys, of which tke smallest is, in general, one-sixteenth of a section, or a tract of forty acres in a square form. Government lines, however, sometimes meander along streams and other bodies of water, and divisions of land are thus formed of less than forty acres. SEC. 1797. (a) This section contains the only provision of law under which a subdistrict can be formed from parts of two or more district townships. The law should be strictly complied with, else the proceedings will be invalid. Subdistricts cannot be formed from portions of two or more counties. (b) Streams well bridged and distance are not " natural ob- stacles " in the contemplation of the law. (c) Such subdistricts can be formed only by concurrent action of the board of directors of the district from which the territory is taken, and the county superintendent. As the county super- intendent has original concurrent jurisdiction, no appeal can be taken from the refusal of the board to give consent. 50 SCHOOL LAWS OF IOWA. township to an adjoining township, and the order therefor shall be transmitted to the secretary of each district, and m by him recorded in his records, and the proper entry made on his plat of the district. Restoration of SEC. 1798. (As amended by Chap. Ill, Laws of 1880.) In all cases where territory has been or may be set into an adjoining county or township, or attached to any independ- ent school district in any adjoining county or township, for school purposes, such territory may be restored by the concurrence of the respective boards of directors; but on the written application of two-thirds of the electors resid- ing upon the territory within such township or independent district in which the school-house is not situated, the said boards shall restore the territory to the district to which it geographically belongs. Township lines SEC. 1799. The boundary lines of a civil township shall changed as B< to not be changed by the board of supervisors of any county, divide districts. S p as to divide any school district by changing the boundary lines thereof, except when a majority of the voters of such district shall petition therefor ; provided, however, that this shall not prevent the change of the boundary lines of any civil township, when such change is made by adopting the lines of congressional townships. INDEPENDENT DISTRICTS. Formation of SEC. 1800. (As amended by Chap. 139, Laws of 1880.) ata3ctB dent ^y c *ty' town or village containing not less than two hundred inhabitants within its limits, may be constituted a SEC. 1798. (a) This section was changed fey chapter 111, of the eighteenth general assembly, to apply also to independent districts. (b) When the boundaries of districts are changed, the terri- tory transferred carries with it a just proportion of all assets and liabilities of the district from which it is taken. SEC. 1799. District township boundaries must conform to the boundaries of civil townships under the provisions of section 1713. The boundaries of independent districts are not affected by the change of civil township boundaries. SEC. 1800. (a) The two hundred inhabitants must be con- tained within the limits of the town or village. Additional ter- ritory should be given by the board of directors in forming the new independent district. Usually, territory equivalent to about four government sections will constitute a proper district. (b) An independent district cannot be formed from a city, town or village situated within an independent district, because no district township board can establish the boundaries, as pro- vided by sections 1801 and 1805. (c) When the boundaries of cities or towns are extended, the boundaries of their respective school districts are not cor- respondingly extended. See Iowa Reports, 46, 425. SCHOOL LAWS OF IOWA. 51 separate school district; and territory contiguous to sucli city, town or village may be included with it as a part of said separate district in the manner hereinafter provided. The village herein mentioned shall be understood to be a collection of inhabitants residing within the limits of a town plat, and not organized into a city or incorporated town. SEC. 1801. At the written request of any ten legal voters vote of popi*. residing in such city or town, the board of directors of the district township shall establish the boundaries of the con- templated school district, including such contiguous terri- tory as may best subserve the convenience of the people for school purposes, and shall give at least ten days' previous notice of the time and place of meeting of the electors re- siding in said district, by posting written notices in at least five conspicuous places therein; at which meeting the said electors shall vote by ballot for or against a separate organ- ization. SEC. 1801. (a) The contemplated independent district must include all of the city, town or village, and may include as much contiguous territory as the board of directors think proper. It is not limited by subdistrict lines, but may, if necessary, include a part or all of two or more subdistricts. When the boundaries extend beyond the limits of a town or city, they must conform to lines of congressional divisions of land. See note (a) to sec- tion 1800. (b) The board of directors of the district township in which a majority of the voters of the contemplated independent dis- trict reside, may establish the boundaries of said district with- out the concurrence of any other board of directors, even when said territory is taken from two or more civil or district town- ships in the same or adjoining counties. See section 1805. (c) The notices of the election to determine the question of a separate organization should state with clearness the boundaries of the proposed district. (d) The president and secretary of the district township should act as chairman and secretary of this meeting, and as judges of the election ; in their absence a chairman and secretary should be chosen by the electors. (e) " All of the electors residing within the proposed limits must be x^ermitted to vote on the question of separate organiza- tion.*' Fort Dodge City School District v. District Township of WaJikonsa, 17 Iowa, 85. (f) "At the meeting held to determine the question of sepa- rate organization of an independent district, the polls must remain open from 9 o'clock A. M. until 4 o'clock p. M." District Toumsliip of Reaper v. Independent District of Burr Oak, 34 Iowa, 306. 52 SCHOOL LAWS OF IOWA. organization of SEC. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 143, Laws of 1880.) Should a majority of votes be cast in favor of such separate organization, the board of directors of the district township shall give similar notice of a meeting of the electors for the election of six directors. Two of these directors shall hold their office until the first annual meeting after their election, and until their succes- sors are elected and qualified; two until the second, and two until the the third annual meeting thereafter; their respective terms of office to be determined by lot. The six directors shall constitute a board of directors for the dis- trict, and they shall, at their first regular meeting in each year, elect a president from their own number; and at their meeting on the third Monday in September in each year, a secretary and treasurer to be chosen outside of the board; provided, that in all independent districts having a popula- tion of less than five hundred, there shall be three directors elected, who shall organize by electing a president from SEC. 1802. (a) The first board of directors of an independent district will enter upon the discharge of official duties as soon as qualified, and organize by electing a president, a secretary and a treasurer ; the term of office of the president will expire on the third Monday in March following his election ; of the secretary and treasurer, on the third Monday in September after their election. The secretary should immediately file with the county superintendent, auditor and treasurer, each, a certificate, show- ing the officers of the board, and their post-office address, and should notify them of all subsequent changes made in the offi- cers of the board. See section 1736. (b) In all independent districts, the president is chosen by the board from their own number, on the third Monday in March. He has the right to vote on all questions coming before the board. Chapter 113 of the seventeenth general assembly, amend- ed section 1802, depriving the president of the right to vote; but this chapter was repealed by chapter 143 of the eighteenth gen- eral assembly, and hence the law is restored to the present reading. See sections 1721 and 1739, note (a). (c) The secretary and treasurer are elected on the third Mon- day in September. In districts containing over five hundred inhabitants, they must be chosen outside of the board. In dis- tricts containing less, the secretary may or may not be chosen from the board, but the treasurer must be chosen outside of the board. This is the effect of a change made by chapter 143 of the eighteenth general assembly. This law is now in force, and all treasurers of such districts must be chosen hereafter outside of the board. The present treasurers will fill their unexpired term. When chosen outside the board they have no vote. (d) The last official census will, as a general rule, be suffi- ciently accurate to determine questions relating to the popula- tion ; but in cases of doubt, the actual existing facts govern ; these facts may be ascertained by any reliable means. SCHOOL LAWS OF IOWA. 53 their own number, also a secretary, who may or may not be a member of the board, and a treasurer, who shall not be a member of the board; and provided further, that in all independent districts already organized, the terms of office of such directors as may have been chosen previous to the taking effect of this section for two or three years, shall not be interfered with by its passage. SEC. 1803. Said meeting for the first election of directors Meeting for. shall organize by appointing a president and secretary, who shall act as judges of the election, and issue a certificate of election to the persons elected. SEC. 1804. The organization of such independent dis- trict shall be completed on or before the first day of August of the year in which such organization is attempted, and tion of taxes - when such organization is thus completed, all taxes levied by the board of directors of the district township of which the independent district formed a part in that year, shall be void so far as the property within the limits of the inde- pendent district is concerned; and the board of directors of such independent district shall levy all necessary taxes for school purposes as provided by law for that year at a meet- ing called for that purpose, at any time before the third Monday of August of that year, which shall be certified to the board of supervisors on or before the first Monday of September, and said board of supervisors shall levy said tax at the time and in the manner that school taxes are re- quired to be levied in other districts. SEC. 1805. In case such district is formed of parts of when formed two or more civil townships in the same or adjoining coun- ties, the duty of giving the notice shall devolve upon the (e) In case the board fail to elect an officer on the day fixed by law, or at an adjourned meeting the day of which was fixed at the time of adjournment, the incumbent holds over and should qualify anew. See section 690, Code, quoted in note (c) to section 1751. If the treasurer continues in office by reason of failure to elect a successor, his bond should be renewed and he should produce and account for the funds in his hands, and the statement of such settlement should be stated on his new bond. (f) All proceedings connected with the organization of the district should be recorded by the secretary in the records of the district, so that the facts concerning its formation and organi- zation may be readily obtained in case the validity of the pro- ceedings should ever be questioned. SEC. 1804. When a new independent district is organized, as provided by this section, the board of directors have authority to determine and certify all necessary taxes, for school purposes* for that year, including school-house taxes. SEC. 1805. An independent district composed of territory from two counties, belongs, for school purposes, to the county wherein a majority of the scholars reside. A certificate to teach 54 SCHOOL LAWS OF IOWA. Number of schools in. General laws shall govern. School-honse tax voted by electors. Annual meeting. board of directors of the township in which a majority of the legal voters of the contemplated district reside. SEC. 1806. Said district may have as many schools, and be divided into such wards or other subdivisions for school purposes, as the board of directors may deem proper; and shall be governed by the laws enacted for the regulation of district townships, so far as the same may be applicable. SEC. 1807. It shall be lawful for the electors of any in- dependent district, at the annual meeting of such district, to vote a tax, not exceeding ten mills on the dollar in any one year, on the taxable property of such district, as the meeting may deem sufficient for the purchase of grounds and the construction of the necessary school-houses for the use of such independent district, and for the payment of any debts contracted for the erection of such school-houses, and for procuring a library and apparatus for the use of the schools of such independent district. SEC. 1808. (As amended by Chap. 7, Laws of 1880.) The annual meeting of all independent districts shall be held on the second Monday in March for the transaction of the business of the district, and for the election by ballot of two directors, as the successors of the two whose term ex- pires, who shall continue in office for three years; and the president, secretary, and one of the directors then in office shall act as judges of the election, and shall issue certificates of election to the persons elected for the ensuing term; provided, that in all independent districts, having a popu- lation of less than five hundred, there shall be elected, should be issued by the superintendent of the county to which it thus belongs, which certificate is valid for any school in the district. SEC. 1807. (a) The power to vote school-house taxes belongs exclusively to the electors. The amount deemed necessary, and not a certain number of mills on the dollar, should be voted. The sums necessary for the teachers' and contingent funds are determined by the board of directors. (b) The electors frequently assume powers not granted to to them by the law. They have only such powers as are specifi- cally enumerated in the law. See preface to laws. SEC. 1808. (a) All vacancies which have occurred in the board, during the preceding year, should also be filled by elec- tion, and the ballot should designate the vacancy to be iilled; the persons so elected hold for the residue of the unexpired term; all persons appointed to fill vacancies in office hold until the next regular election. See Constitution of Iowa, article 11, section 6 ; also, section 785, Code. (b) The members elect enter upon their duties at the time of the regular meeting of the board, on the third Monday in March, For time and manner of choosing the officers of the board, see sections 1721, 1790, 1802, 1806, and notes. SCHOOL LAWS OF IOWA. 55 annually, one director, who shall continue in office for three years. In cases of a tie vote in the election of director, or Tie vote, directors, the secretary shall notify them to appear at the regular meeting of the board on the third Monday in March, to determine their election by lot before one or more members of the board elected, and the certificate of election shall be given accordingly. Should either party fail to appear, or take part in the lot, the secretary shall draw for him. SEC. 1809. When an independent district has been Remainders formed out of a civil township, or townships, as herein ^strict town, contemplated, the remainder of such township, or of each of such townships, as the case may be, shall constitute a district township as provided in section seventeen hundred and thirteen of this chapter, and the boundaries between such district township and independent district may be changed, or the independent district abandoned at any time, with the concurrence of their respective boards of di- rectors. SEC. 1810. In case an independent district embraces a when inae- part or the whole of a civil township which has no separate jg embraces district township organization, upon the written applica- whole town- tion of two-thirds of the electors residing upon the terri- ship * tory of such independent district and within such civil township to the board of directors, they shall set off such territory, whether provided with school-houses or not, to be organized as a district township in the manner provided for such organization when a new civil township is formed. SEC. 1809. (a) The provisions of this section, relative to changing district boundaries, apply also to boundaries between adjoining independent districts in the same civil township. Section 1811, and chapter 133 of the seventeenth general as- sembly, as amended by chapter 131 of the eighteenth general as- sembly, provide for the change of boundaries between inde- pendent districts, by vote of the electors, and these are the only provisions by which independent districts not situated within the same civil township, can change their boundaries. (b) The change of boundaries authorized by the provisions of this section may be made at any time of year. (c) Territory transferred from one district to another carries with it an equitable proportion of the assets and liabilities of the district from which it is taken ; the district to which it is transferred becomes responsible for such liabilities. (d) If the boundary between an independent district and a district township is the line of the civil township, it cannot be changed ; but if the independent district includes a portion of a civil township, the remainder of which constitutes a district township, the boundaries can be changed. (e) Where a change of boundaries between districts is de- sired, and one of the boards acts favorably to the change, a petition may be presented to the other board to concur in that 56 SCHOOL LAWS OF IOWA. Districts may unite: manner of. School dis- tricts lying in two counties may be formed into independ- ent district. SEC. 1811. Independent districts located contiguous to each other, may unite and form one and the same inde- pendent district, in the manner following: At the written request of any ten legal voters residing in each of said in- dependent districts, their respective hoards of directors shall require their secretaries to give at least ten days 1 , notice of the time and place for a meeting of the electors* residing in such districts, by posting written notices in at least five public places in each of said districts, at which meetings the said electors shall vote by ballot for or against a consolidated organization of said independent districts; and if a majority of the votes cast at the election in each district, shall be in favor of uniting said districts, then the secretaries shall give similar notice of a meeting of the electors as provided for by the law for the organization of independent districts. The independent district thus con- solidated shall be completed, and its directors governed by the same provisions of the law which apply to other inde- pendent districts. SEC. 1812. Where, under the school laws of the state heretofore in force, for the convenience and accommoda- tion of the people school districts were formed of portions 1 of two counties of territory lying contiguous to each other, at the written request of five legal voters residing in por- tions of said territory in each county, the board of directors of the district township to which such territory belongs, having a majority of the legal voters, shall fix the bound- aries of an independent school district composed of such action, although they formerly may have refused to grant a similar petition. From the action of the board upon this peti- tion, refusing to concur, an appeal may be taken. (f) No appeal can be taken from the action of board taking the initiatory step, while it requires the concurrence of another board to complete the action. The concurrence or non-concur- rence of the second board is the order from which an appeal may be taken. See Decisions, pages 30 and 57. (g) When an appeal is taken from the proper board, the county superintendent must affirm the action of one board or the other, but cannot himself modify the action of the board acting first. SEC. 1812. (a) This section applies only to school districts formed from territory lying in two counties, prior to 1858, which became subdistricts upon the adoption of the district township system and still remain subdistricts. The words " school dis- tricts" do not mean subdistricts. The only school districts legally formed from such territory since 1858 are independent districts. (b) The language of the last clause is construed to mean that the said board shall proceed to call an election in the inde- pendent district for the election of officers, as provided by sec tion 1802. SCHOOL LAWS OF IOWA. 57 sections of land, or portions thereof as may be described in the petition therefor, and shall give at least ten days 1 notice of the submission of the question of the formation of said independent district, at a special election for said pur- pose, specifying the boundaries of the district, the time and place of meeting of the electors for such election, at which meeting the electors in the contemplated district shall vote by ballot for or against the separate organization. Should a majority of the votes be cast in favor of such separate organization, the said board of directors shall proceed by ballot to elect officers in the manner provided by law, and organize such independent district. SEC. 1813. The boards of directors of the several inde- j pendent school districts are hereby required to publish, two weeks before the annual school election in such district, by publication in one or more newspapers, if any are published in such district, or by posting up in writing in not less than three conspicuous places in such independent district, a de- tailed and specific statement of the receipts and disburse- ments of all funds expended for school and building pur- poses for the year preceding such annual election. And the said boards of directors shall also, at the same time, publish in detail an estimate of the several amounts which, in the judgment of such board, are necessary to maintain the schools in such district for the next succeeding school year; and failure to comply with the provisions of this sec- tion shall make each director liable to a penalty of ten dol- lars. SEC. 1814. Township districts may be consolidated and organized as independent districts, in the following manner: organized Whenever the board of directors of any existing district S township shall deem the same advisable, and also whenever SEC. 1813. (a) This statement should show the total receipts and expenditures for each fund, followed by an estimate of the amount required for each fund to maintain the schools for the ensuing year. The " detailed and specific statement of the re- ceipts and disbursements of all funds expended," should be sufficiently itemized to show the amount received from each separate source ; also, the amount expended for each particular purpose. (b) This statement is for the information of the electors, but they cannot vote upon the amount of taxes to be levied for con- tingent and teachers' fund, since these matters are determined by the board. See section 1777. SEC. 1814. (a) Any district township may organize under the provisions of this section into a single independent district, em- bracing the whole township. The vote may be ordered at any regular or special meeting of the board and submitted to the electors at any time of the year, but if carried in the affirmative, does not take effect until the second Monday in March following, when the directors are elected. 8 58 SCHOOL LAWS OF IOWA. requested to do so by a petition signed by one-third of the voters of the district township, the board shall submit to the voters of said district township, at a regular election, or one called for the purpose, the question of consolidation, at which election the voters of the district township shall vote for or against consolidation. If a majority of votes shall be in favor of such consolidated organization, such district township shall organize on the second Monday of March following as an independent district; provided, that in townships which have been divided into independent dis- tricts, the duties in this section devolving on the board of directors shall be performed by the trustees of the township to whom the petition shall in such cases be addressed; and provided further, that nothing in this section shall be con- strued to affect independent districts composed wholly or mainly of cities or incorporated towns. Independent dis- tricts may in like manner change their boundaries so as to form any number of districts less than the number of dis- tricts existing at the time such change is asked for, and such changes shall be specified in the notices for a vote thereon. Di.trtotu.wn. SB P-? 815 -, (f ^.amended by Chap. 155 laws of 1876.) ship may be The independent districts of a civil township may be con- - s tituted a district township in the manner hereinafter pro- vided. (b) By adopting the independent district system there will be but six directors in any case, and but three where the town- ship contains less than five hundred inhabitants. At the first election the whole number is elected, and divided by lot into three classes; after which, one or two directors only will be elected annually. , (c) When independent districts have been formed from the subdistricts of a township, they may also, under the provisions of this section, unite into one independent district. In this case, the petition of one-third of the electors in the township should be presented to the township trustees, whose duty it is to call the meeting to vote on the question of consolidated organization. (d) The plan of making each civil township an independent district, governed by a board of directors chosen from the town- ship at large, is, in many respects, the best system yet devised. It reduces the number of school officers, provides for gradual changes in the board, secures uniform taxation for the support of schools throughout the township, encourages the establish- ment of graded schools for advanced scholars, and tends to the selection of teachers according to the qualifications and work required in each particular case. SEC. 1815. (a) The electors of any civil township which has adopted the independent district organization, may vote upon the question of returning to the district township organization, under the provisions of sections 1815-1820, as amended. This SCHOOL LAWS OF IOWA. 59 SEC. 1816. (As amended by Chap. 155, Laws of 1876.) Question of At the written request of one-third of the legal voters re- J^JJuS siding in any civil township, which is divided into inde- to be submit- pendent districts, the township trustees shall call a meeting 1e of the qualified electors of such civil township at the usual place of holding the township election, by giving at least ten days' notice thereof, by posting three written notices in each independent district in the township, and by publica- tion in a newspaper if one be published in such township, at which meeting the said electors shall vote by ballot for or against a district township organization. SEC. 1817. (As amended by Chap. 155, Laws of 1876.) subdiatricts If a majority of the votes cast at such election be in favor of such district township organization, each independent district shall become a subdistrict of the district township, and shall organize as such subdistrict on the first Monday in March following, by the election of a subdirector. SEC. 1818. (As amended by Chap. 155, Laws of 1876.) Each subdistrict so formed shall hold a meeting on the first elected - Monday in March for the election of a subdirector; five days 1 notice of which meeting shall be given by the secretary of the old independent district, by posting written notices in three public places in each district, which notices shall state the hour and place of the meeting. amendment operates as a repeal of these sections as found in the Code of 1873. (b) A single independent district embracing the whole of the civil township may be formed under the provisions of section 1814 ; a system possessing many advantages over any other, in simplicity of organization, permanency of officers, uniformity of taxation, and economy of management. See note (d) to sec- tion 1814. SEC. 1816. (a) The petition provided for in this section may be presented to the trustees and the vote ordered at any time of year. (b) The meeting held to determine the question of district township organization is a township meeting ; if the vote is in the affirmative, each and every independent district in the town- ship, except those composed of cities or towns, becomes a sub- district of the district township. (e) The township trustees may act as judges of this election ; in their absence the electors assembled may choose a chairman and one or two secretaries to act as judges. The polls should be kept open from 9 A. M. to 4 p. M. See note (f) to section 1801. SEC. 1817. The board of directors of each independent district will continue to act until the third Monday in March following the election, at which time a full statement of all assets and lia- bilities of the district should be reported to the board of direc- tors of the district township when organized. SEC. 1818. For powers and duties of this meeting see sections 1718 and 1719, and notes. 00 SCHOOL LAWS OF IOWA. Governed as SEC. 1819. ( As amended by Chap. 155, Laws of 1876.) cts * District townships organized under the provisions of the preceding four sections shall be governed and treated in all respects as other district townships; provided, that nothing in this act shall be construed to affect independent dis- tricts composed wholly or mainly of cities or incorporated towns. Board to orga- SEC. 1820. (As amended by Chap. 155, Laws of 1876.) nize: when. "When any district township is organized under the pro- visions of the preceding five sections, the subdirectory shall organize as a board of directors on the third Monday in March, and make an equitable settlement of the then existing assets and liabilities of the several independent dis- tricts. g EC< ig21. (As amended by Chap. 121, Laws of 1876.) Independent school districts shall have the power and borrow money t au thority to borrow money for the purpose of redeeming outstanding bonds and erecting and completing school- houses, by issuing negotiable bonds of the independent dis- trict, to run any period not exceeding ten years, drawing a rate of interest not to exceed ten per centum per annum, which interest may be paid semi-annually, which said in- debtedness shall be binding and obligatory on the inde- pendent district for the use of which said loan shall be made; but no district shall permit a greater outstanding indebtedness than an amount equal to five per centum of the last assessed value of the property of the district. SEC. 1819. (a) Upon the organization of the district town- ship, the secretary should file with the county auditor and treasurer a certified plat of the district, and report to the county superintendent, auditor, and treasurer, the name and address of each officer of the board. (b) The district township meeting should be held on the second Monday in March, for the purpose of voting the neces- sary school-house taxes, as provided in section 1717. SEC. 1820. (a) Between the time of the election provided for in section 1816, and the third Monday in March following, the boards of directors of the several independent districts have authority to perform all necessary acts relating to the affairs of their districts, but they cannot incur any indebtedness nor make any contracts, except such as may be necessary to maintain the usual schools of their districts. (b) The district township receives all the assets and assumes all the liabilities of the several independent districts. In case an independent district has issued bonds or otherwise incurred an indebtedness for the erection of a school -house, the board of directors of the district township have authority to apportion school-house taxes for the payment of such indebtedness from time to time as justice and equity may require. SEC. 1821. (a) Bonds voted under the provisions of this section may be issued and sold as the necessities of the inde- SCHOOL LAWS OF IOWA. 61 SEC. 1822. (As amended by Chap. 59, Laws of 1880.) Question to be The directors of the independent district may submit to the J^SS? 4 * voters of their district at the annual or a special meeting the question of issuing bonds as contemplated by the pre- ceding section, giving the same notice of such meeting as is now required by law to be given . for the election of offi- cers of such districts, and the amount proposed to be raised by the sale of such bonds, which question shall be voted upon by the electors, and if a majority of all the votes cast on that question be in favor of such loan, then said board shall issue bonds to the amount voted, in denominations of not less than twenty-five dollars, nor exceeding one thou- sand dollars, due not more than ten years after date, and payable at the pleasure of the district at any time before due, which said bonds shall be given in the name of the in- dependent district issuing them, and shall be signed by the president of the board, and attested by the secretary, and delivered to the treasurer, taking his receipt therefor, who shall negotiate said bonds at not less than their par value, and countersign the same when negotiated. The treasurer shall stand charged upon his official bond with all bonds that may be delivered to him; but any bond or bonds not negotiated may be returned by him to the board. SEC. 1823. If the electors of an independent school dis- Tax for, voted trict which has issued bonds shall, at the annual meeting in March for any year, fail to vote sufficient school-house tax to raise a sum equal to the interest on the outstanding bonds which will accrue during the then coming year, and such proportionate portion of the principal as will kquidate and pay oft said bonds at maturity, then it shall be lawful for the board of such district to vote a sufficient rate on the taxable property of the district to pay such interest, and such proportionate portion of the principal as will pay said bonds in full by the time of their maturity, and shall cause the same to be certified and collected the same as other school taxes. SEC. 1824. All school orders shall draw lawful interest orders to bear after having been presented to the treasurer of the district, la and not paid for want of funds, which fact shall be indorsed upon the order by the treasurer. pendent district require, but cannot be made available for the purchase of school-house sites. Cb) Chapter 132, of the eighteenth general assembly provides for the refunding of bonded indebtedness by a two-thirds vote of the board of directors, without a vote of the electors, but the interest upon bonds so issued is limited to seven per cent, and the bonds must run at least five years. SEC. 1822. The amendment requires the bonds to be attested by the secretary. SEC. 1824. The board may authorize the payment of interest not exceeding ten per cent. If no rate is specified in the order, 62 SCHOOL LAWS OF IOWA. SCHOOL-HOUSE SITES. Districts may SEC. 1825. It shall be lawful for any district township take real estate O r independent district to take and hold, under the provis- f or sites. . VL i n i i i , , ions contained in this chapter, so much real estate as may be necessary for the location and construction of a school- house and convenient use of the school; provided, that the real estate so taken, otherwise than by the consent of the owner or owners, shall not exceed one acre. Limitations of SEC. 1826. The site so taken must be on some public location. highway, at least forty rods from any residence, the owner whereof objects to its being placed nearer, and not in any orchard, garden, or public park. But this section shall not apply to any incorporated town. May condemn. SEC. 1827. If the owner of any such real estate refuse or neglect to grant the site on his premises, or if such owner it will draw six per cent. Interest can be paid on an order only from the date of its presentation, whether the rate is specified in the order or not. SEC. 1825. (a) Land belonging to the state may be taken for a school-house site, and the county auditor is the proper party to receive notice for the state. (b) A school-house site of less than one acre may be enlarged to one acre. (c) If the district cannot establish its claim to the school- house site owing to the loss of the deed, or for other reason and the owner refuses to grant the site, the district may avail itself of the provisions of this and the following sections and secure a site not to exceed one acre. (d) Property encumbered, occupied as a homestead, belong- ing to minor heirs, or the public domain, may be taken under the provisions of this section. (e) The acre contemplated in this section we think means exclusive of highway. SEC. 1826. (a) All sites, except in incorporated towns, must be located on a public road, and at least forty rods from any residence the owner whereof objects to its being placed nearer, whether obtained by purchase or under the provisions of these sections. (b) If the public, with the knowledge of the owner of land, has claimed and continuously exercised the right of using the same for a public highway, for a period equal to that fixed by the statute for the limitation of real actions, a complete right to the highway thereby becomes established against the owner, unless it appears that such use was by favor, leave, or mistake. See 22 Iowa, 457. (c) "Under the Iowa statute of limitations, ten years' user of a highway by the public, under a claim of right, will bar the owner of the soil." Iowa Reports, 19, 123. SEC. 1827. (a) If personal service cannot be made, as pro- vided by sections 2001-2610, Code, the notice must be published SCHOOL LAWS OF IOWA. 63 cannot be found, the county superintendent of the county county super- in which said real estate may be situated, shall, upon applica- ippiTap 10 tion of either party, appoint three disinterested persons of P raiser8 - said county, unless a smaller number is agreed upon by the oath of. parties, who shall, after taking an oath to faithfully and im- partially discharge the duties imposed on them by this chap- TO assess ter, inspect said real estate and assess the damages which dama e e8 - said owner will sustain by appropriation of his land for the use of said house and school, said county superintendent Notice to . . i -I i i 1 1 i owner. giving to the owner 01 such real estate the same notice as is required for the commencement of a suit at law in the district court, of the time of such assessment of damage, and make a report in writing to the county superintendent of said county, giving the amount of damages, description of land, and exact location, who shall file and preserve the same in his office. If said board shall, at any time before Deposit of they enter upon said land, for the purpose of building said Bum assessed- house, deposit with the county treasurer for the use of said owner, the sum so assessed as aforesaid, they shall be thereby authorized to build such house, and maintain the right to said premises; provided, that either party may have the right to appeal from said assessment of damages to the circuit Appeal. court of the county where such real estate is situated within twenty days after receiving notice that such assessment is made, which appeal shall be final; but such appeal shall not delay the prosecution of work upon said house, if said board shall pay, or deposit with the county treasurer, the amount so assessed by such appraisers, and in no case shall four consecutive weeks, previous to the appraisement, in a news- paper. See sections 2618-2620, Code. (b) The appraisers are entitled to two dollars for each day's service, and ten cents per mile from their residence to the loca- tion of the property appraised. See sections 3811-3813, Code. (c) When the owner of land taken under the provisions of section 1827 is unknown or cannot be found, it is not necessary to print the report of appraisement, or to attempt other notice to said owner than the printed notice required by this section. See note (a). It is sufficient for the county superintendent to send a certified copy to the board of directors. (d) If the school board have deposited with the county treasurer the amount assessed by the appraisers in accordance with the provisions of this section, we think the courts of law would hold that the district had come into possession of the site. (e) The money deposited with the county treasurer should be held for the benefit of the owner of the fee, and not for the mortgagee. Attorney-general's opinion of August 21, 1878. (f) Since the receipt of the treasurer for the money deposited with him for the owner of the land may be the only evidence of title, such receipt should have a full description of the prop- erty, containing the proviso of note (b) of Form No. 15, and should be recorded by the county recorder. 64 SCHOOL LAWS OF IOWA. COBtS. For school purposes only ; when title reverts. Timber on To county BU perintendent. said board be liable for costs on appeal, unless the owner of said real estate shall be adjudged a greater amount of dam- ages than was awarded by said appraisers. The board shall in all cases pay costs of the first assessment. SEC. 1828. The title acquired by said school districts in and to said real property, shall be for school purposes only, and in case the same should cease to be used for said pur- pose for the space of two years, then the title shall revert to the owner of the fee, upon the repayment by him of the principal amount paid for said land by said districts with- out interest, together with the value of any improvements thereon erected by said districts; provided, that during the time said site is used for school purposes, the owners of the fee shall not injure or remove the timber standing and growing thereon. APPEALS. SEC. 1829. Any person aggrieved by any decision or order of the district board .of directors, in matter of law or of fact, may, within thirty days after the rendition of such decision, or the making of such order, appeal therefrom to the county superintendent of the proper county. SEC. 1828. (a) No deed or other instrument from the owner is required to authorize the district to occupy the land for school purposes. The proceedings should be recorded in full by the district secretary. (b) In case land desired for a school site is under mortgage, the district may receive from the owner the lease of a portion not to exceed one acre, to be held by the district as long as used for school purposes, and when no longer so used to revert to the owner, as provided by this section. SEC. 1829. (a) The right of appeal is limited to persons ag- grieved or injuriously affected by the decision or order com- plained of. (b) After the expiration of thirty days the county superin- tendent cannot entertain an appeal. (c) All the decisions or orders of the board of directors are subject to revision on appeal ; when the act complained of is of a discretionary character, the action of the board should be sustained unless it is clearly shown that the board violated law, abused its discretion, or acted with manifest injustice. Edwards v. District Township of West Point, School Law De- cisions, page 39. (d) No appeal can be taken from the action of the board taking the initiatory step, while it requires the concurrence of another board to complete the action. The concurrence or non- concurrence of the second board is the order from which an ap- peal may be taken. See Decisions, pages 30 and 57 ; also, note Cg) to section 1809. SCHOOL LAWS OF IOWA. g5 SEC. 1830. The basis of the proceeding shall be an affi- Basis of. davit, filed by the party aggrieved with the county superin<- tendent, within the time for taking the app eal. SEC. 1831. The affidavit shall set forth the errors com- Errors stated, plained of in a plain and concise manner. SEC. 1832. The county superintendent shall, within five superintendent days after the filing of such affidavit in his office, notify the to notify sec- secretary of the proper district, in writing, of the taking frictY dut^of. of such appeal. And the latter shall, within ten days after being thus notified, file in the office of the county superin- tendent a complete transcript of the record and proceedings relating to the decision complained of, which transcript shall be certified to be correct by the secretary. SEC. 1833. After the filing of the transcript aforesaid in Parties notified. his office, he shall notify in writing all persons adversely SEC. 1830. An affidavit is a written declaration under oath, made without notice to the adverse party. See section 36S9, Code. It must be sworn to before some officer authorized to administer oaths. A county superintendent can have no juris- diction of an appeal case until such affidavit has been filed. A notice of intention to file an affidavit, a verbal complaint, or a petition, is not sufficient to give the county superintendent jurisdiction in appeal cases. SEC. 1831. (a) The affidavit should contain, first, a statement of the decision complained of, and its date ; second, a statement of the facts showing that the appellant has an interest in the decision and is injuriously affected by it; third, the assignment of errors. See Form No. 46. (b) This affidavit being the first paper filed, care should be taken that the case is properly entitled, and this title should be preserved throughout the further progress of the appeal. The date of filing should be indorsed upon the affidavit by the super- intendent. SEC. 1832. (a) The notice should describe the decision- or order appealed from, so that it may be identified^ and should re- quire the district secretary to file the transcript with the super- intendent within the time specified. The notice may be served personally or sent by mail. (b) The secretary shall make and forward a transcript or copy of the record of all actions of the board relating to the de- cision or order appealed from, also of all petitions, remon- strances, plats, and papers pertaining thereto. The original papers must be preserved with the district records. (c) During the pendency of an appeal, all matters must re- main in statu quo, and this can be enforced by writ of injunc- tion. Also, during such time, no opinion relating to the case will be given to interested parties, by this department. See also note (f) to section 1718. SEC. 1833. Notice of the time and place of hearing should be given to the appellant, to the secretary of the board, and to all 66 SCHOOL LAWS OF IOWA. interested of the time and place where the matter of the appeal will be heard by him. Hearing: take SEC. 1834. At the time thus fixed for hearing, he shall admSSer near . testimony for either party, and for that purpose may oaths. administer oaths if necessary, and he shall make such de- cision as may be just and equitable, which shall be final, unless appealed from as hereinafter provided. Appeal to SEC. 1835. An appeal may be taken from the decision of P P Tbiic n of the county superintendent to the superintendent of pub- no 8 tice C of n: ^ c instruction, in the same manner as provided in this chap- ter for taking appeals from the district board to the county other persons known to be interested. The notices may be served personally or sent by mail. SEC. 1834. (a) County superintendents, in entertaining and determining cases appealed from boards of school directors, are not invested with judicial powers. District Township of Sioux City v. Pratt, 17 Iowa, 16. While, according to this decision, the superintendent is not a court in the strict sense of the term, he is required to administer oaths, to hear evidence on both sides, and to render a just and equitable decision. And while mere technicalities should not be permitted to preventthe attainment of justice, it is not inappropriate that the superintendent should be governed by the same rules as to evidence and practice, which ordinarily obtain in courts. (b) In case of disturbance or interruption during the trial of an appeal before a county superintendent, since he is not invested with judicial power, he has only the ordinary remedy of com- plaint to the proper authorities, as provided for in section 4009, Code. (c) The docket or minutes of the superintendent should com- mence by noting the filing of the affidavit of the appellant. He will afterwards, as the acts transpire, record the sending of the notice of appeal to the district secretary, the filing of the tran- script, the sending of notices of the hearing, and any adjourn- ment of the case that may be granted. At the trial he will care- fully note down the names of all parties appearing, and their post-office address, and whether they appear for or against the appeal ; also, the filing of all papers and names of witnesses, and in whose behalf such papers or witnesses are introduced. The decision of the superintendent will form an appropriate close of his minutes. See Forms 47, 48, 49 and 50. (d) All testimony must be given under oath and the sub- stance reduced to writing at the time by the county superintend- ent. It is of the first importance that the record of the testi- mony be full and accurate, as the decision of the county super- intendent, also of the superintendent of public instruction, in case the appeal is carried up, must be based upon the record of evidence introduced. This testimony should be preserved with the other papers of the case. SEC. 1835. (a) Appeals to the superintendent of public in- struction are conducted in the same manner and governed by SCHOOL LAWS OF IOWA. superintendent, as nearly as applicable, except that lie shall give thirty days 1 notice of the appeal to the county super- intendent, and the like notice shall be given the adverse party. And the decision, when made, shall be final. SEC. 1836. Nothing in this chapter shall be so construed NO money as to authorize either the county or state superintendent to leSe?: render a judgment for money, neither shall they be allowed postage. ' any other compensation than is now allowed by law. All necessary postage must first be paid by the party aggrieved. the same rules, so far as applicable, ^s appeals to county super- intendents. The basis of the appeal must be an affidavit filed in the office of the superintendent of public instruction, within thirty days from the date of the decision appealed from. For form and contents of the affidavit, see notes to sec- tions 1830-1. Upon the filing of such an affidavit, the superintendent of pub- lic instruction will notify the county superintendent to forward a transcript of the papers in the case within thirty days. The original papers must be preserved on file in the county super- intendent's office. Upon the filing of the transcript, thirty days' notice of the time set for hearing will be given to all parties in- terested. This time may be diminished, on the written agree- ment of both parties. (b) At the hearing, parties interested may appear personally or by attorney, and argue their cases orally, if they desire, or they may send written arguments. The records of the case in the county superintendent's office will furnish the data required for these arguments. The records of cases in the offices of county superintendents, which are public records, and should be open as such to examination by all parties interested, will furnish all needed data where access to the transcript sent up is inconvenient. The superintendent of public in- struction will not hear original testimony in the cases submitted to him. (c) Any person aggrieved by an action of the county super- intendent in refusing to grant a certificate or in revoking the same, may apply to him for a rehearing; the proceedings to cor- respond as nearly as possible to the proceedings in the case of an appeal from a board of directors. If any party is aggrieved by the result of this investigation, an appeal may be taken therefrom to the superintendent of public instruction. See opinion of the attorney-general, School Journal for June, 1867 ; also, Dougherty v. Tracy, School Law Decisions, page 34. (d) A party in whose favor an appeal is decided has the remedy of a writ of mandamus from a court of law, to enforce the decision of appeal. SEC. 1836. Payment for postage in advance will be required with the affidavit. It is impossible to tell what amount of post- age will be needed in each case, and one dollar will be required, to cover all needed postage. This will undoubtedly re-imburse the state for outlay of postage in appeal cases. 68 SCHOOL LAWS OF IOWA. Duties. Office to file papers and documents. school laws. SUPERINTENDENT OF PUBLIC INSTRUCTION. SEC. 1577. The superintendent of public instruction shall be charged with the general supervision of all the county superintendents and all the common schools of the state. He may meet county superintendents in convention at such points in the state as he may deem most suitable for the purpose, and by explanation and discussion endeavor to secure a more uniform and efficient administration of school laws. He shall attend teachers' institutes in the several counties of the state as far as may be consistent with the discharge of other duties imposed by law, and as- sist by lecture or otherwise in their instruction and man- agement. He shall render a written opinion to any school officer asking it, touching the exposition or administration of any school law, and shall determine all cases appealed from the decision of county superintendents. SEC. 1578. An office shall be provided for him at the seat of government, in which he shall file all papers, re- ports, and public documents transmitted to him by the county superintendents, each year separately, and hold the same in readiness to be exhibited to the governor, or to a committee of either house of the general assembly, at any time when required; and he shall keep a fair record of all matters pertaining to his office. SEC. 1579. (As amended by Chap. 150, Laws of 1880.) After the adjournment of the eighteenth general assembly, and every four years thereafter, if deemed necessary, he may cause to be printed and bound in cloth the school laws and all amendments thereto, with such notes, rulings, forms and decisions as may seem of value to aid school officers in the proper discharge of their duties. Appropriate reference shall be made to the previous law that has been amended or changed, so as clearly to indicate the effect of such amendments or changes. He shall send to each county superintendent a number of copies sufficient to supply each school district in his county with one copy of such school laws, with decisions. He shall also cause to be printed and bound in paper covers the school laws, with notes and with forms necessary to be used in carrying out the school laws. The distribution of these laws in paper covers shall be made through the county auditor, under the direction of the secretary and auditor of state, who shall determine the price, covering the cost to the state, at which they shall be sold to any party; provided, that he shall furnish each of the members of the boards of directors with one copy of the laws bound in paper covers, which shall be turned over to their successors in office. After such sessions of the general assembly as the state superintendent shall not deem it necessary to publish the laws as provided for in this section, he shall cause to be published in pam- phlet form all the amendments to (he school laws SCHOOL LAWS OF IOWA. 69 passed by such general assembly, in sufficient numbers to supply each of the county superintendents and school offi- cers of the state with one copy free of charge, which said amendments shall be sent to the several county superin- tendents for distribution. SEC. 1580. (Repealed by Chap. 102, Laws of 1878.) SEC. 1581. He may, if he deem it expedient, subscribe May subscribe for a sufficient number of the Iowa School Journal, or of jS^JJ 01 such other educational journal published in the state as he may select, to furnish each county superintendent with one copy, and his certificate of having thus subscribed shall be authority for the auditor of state to issue his warrant for the amount of said subscriptions; provided, he shall cause to be inserted' in the journal he may so select a correct copy of any decision he may deem it necessary to make for the efficient carrying out of the school law. SEC. 1582. He shall annually, on the first day of Janu- Report to auai- ary, report to the auditor of state the number of persons in each county between the ages of five and twenty-one years. SEC. 1583. He shall make a report to the general as- Report to each sembly, at each regular session thereof, which shall em- f^ r e i 88lon brace, first, a statement of the condition of the common assembly, schools of the state ; the number of district townships and subdistricts therein; the number of teachers; the number of schools; the number of school-houses, and the value thereof; the number of persons between five and twenty- one 3 r ears of age; the number of scholars in each county that have attended school the previous year, as returned by the several county superintendents; the number of books in the district libraries; and the value of all apparatus in the schools, and such other statistical information as he may deem important. Second, such plans as he may have matured for the more perfect organization and efficiency of common schools. He shall cause one thousand copies of his report to be printed, and shall present it to the general assembly on the second day of its session. SEC. 1584. Whenever reasonable assurance shall be May appoint given by the county superintendent of any county to the fut superintendenfc of public instruction, that not less than ation for - twenty teachers desire to assemble for the purpose of hold- ing a teachers 1 institute in said county, to remain in session not less than six working days, he shall appoint the time and place of said meeting, and give due notice thereof to the county superintendent; and for the purpose of defray- ing the expenses of said institute, there is hereby appro- priated, out of any moneys in the state treasury not other- wise appropriated, a sum not exceeding fifty dollars an- nually for one such institute in each county held as afore- said, which the said superintendent shall immediately trans- mit to the county superintendent in whose county the institute shall be held, who shall therewith defray the necessary expenses of the institute, and, if any bs^ance 70 SCHOOL LAWS OF IOWA remains, he shall pay the same into the county treasury, and the same shall be credited to the teachers' fund. STATE UNIVERSITY. objects of: SEC. 1585. The objects of the state university, estab- course of study Hshed by the constitution at Iowa City, shall be to provide the best and most efficient means of imparting to young men and women on equal terms, a liberal education and thorough knowledge of the different branches of literature, the arts and sciences, with their varied applications. The university, so far as practicable, shall begin the courses of study in its collegiate and scientific departments, at the points where the same are completed in high schools; and no student shall be admitted who has not previously com- pleted the elementary studies, in such branches as are taught in the common schools throughout the state. SEC. 1586. The university shall never be under the ex- clusive control of any religious denomination whatever. SEC. 1587. (As amended by Chap. 147, Laws of 1876.) The university shall be governed by a board of regents, con- sisting of the governor of the state, who shall be president of the board by virtue of his office, the superintendent of public instruction, who shall be a member by virtue of his office, and the president of the university, who shall also be a member by virtue of his office, together with one per- son from each congressional district of the state, who shall be elected by the general assembly. # # * # * * # SEC. 1589. The university shall include a collegiate, scientific, normal, law, and such other departments, with such courses of instruction and elective studies as the board of regents may determine; and the board shall have author- ity to confer such degrees, and grant such diplomas and other marks of distinction as are usually conferred and granted by other universities. Control of. Governed by board of regents. Department and courses of instruction. J)0 ts to ap- t a presi- compensatiou of officers. SEC. 1596. The board of regents shall enact laws for the government of the university, and shall appoint a president an( l the requisite number of professors and tutors, together with such other officers as they may deem expedient, and shall determine the salaries of such officers, the compensa- tion of the secretary and treasurer, and the amount of fees to be paid for tuition. They shall remove any officer con- SEC. 1585. Chapter 115 of the laws of the seventeenth general assembly changed the provisions of section 1585, preventing the use of university funds for the support of a preparatory depart- ment, heretofore sustained by the university. Students are now required to come prepared to enter upon collegiate studies. Foi terms of admission to the university, apply to the president ot the university, at Iowa City. SCHOOL LAWS OF IOWA. 71 nected with the university, when, in their judgment, the good of the institution requires it. SEC. 1597. The board of regents is authorized to expend Purchase ap- such portion of the income of the university fund as it may brar>%tc. deem expedient, in the purchase of apparatus, library, and a cabinet of natural history, in providing suitable means to keep and preserve the same, and in procuring all other necessary facilities for giving instruction. SEC. 1598. All specimens of natural history and geolog- cabinet of nat- i i- i i i i i PI ural history ical and mmeralogical specimens, which are or hereafter may be collected by the state geologist of Iowa, or by any others appointed by the state to investigate its natural his- tory and physical resources, shall belong to and be the property of the state university, and shall form apart of its cabinet of natural history, which shall be under the charge of the professor of that department. # * * * # * # SEC. 1600. The president of the university shall make a report on the fifteenth day of September preceding the p( meeting of the general assembly, to the board of regents, which shall exhibit the condition and progress of the insti- tution in its several departments, the different courses of study pursued therein, the branches taught, the means and methods of instruction adopted, the number of students, with their names, classes, and residences, and such other matters as he may deem proper to communicate. SEC. 1601. The board of regents shall, on the first day Regents to re- of October preceding each regular meeting of the general j^ndJnt ofpSS assembly, make a report to the superintendent of public KG instruction. instruction, which report, with that of the president of the university, shall be embodied in the said superintendent's report to the general assembly. The report of the board of regents shall contaki the number of professors, tutors, and other officers, with the compensation of each, the condition of the university fund, and the income received therefrom, the amount of expenditures, and the items thereof, with such other information and recommenda- tions as they may deem expedient to lay before the general assembly. COUNTY HIGH SCHOOLS. SEC. 1697. Each county having a population of two May be ub- thousand inhabitants or over, as shown by the last state or E federal census, may establish a high school on the condi- tions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons desiring to fit themselves for the vocation of teaching. SEC. 1698. When one-third of the electors of a county, as shown by the returns of the last preceding election, shall published 72 SCHOOL LAWS OF IOWA. petition the board of supervisors requesting that a county high school be established in their county at the place in said petition named, then, or when said board in its discre- tion shall deem proper, said board shall give twenty days' motice previous to the next general election, or previous to a special election duly called for that purpose, that they will submit the question to the electors of said county whether such high school shall be established; at which election said electors shall vote by ballot, for or against establishing such county high school. The notice con- templated in this section shall be given through one or more newspapers published in said county, if any be pub- lished therein, and by at least one written or printed notice to be posted in each township. votes can- SEC. 1699. After said election, the ballots on said ques- Ippo^ted" 8teea ti n sna ll b e canvassed in the same manner as in the elec- quaiiUcation of. tion for county officers; and if a majority of all the votes cast on said question shall be in favor of establishing said school, the board of supervisors shall immediately proceed to appoint six persons, who shall be residents of the county, but not more than two of whom shall be residents of the same township, who shall, with the county superintendent of common schools, constitute a board of trustees for said high school. Each of said trustees appointed as aforesaid shall hold his office until his successor is elected and quali- fied, and shall be required, within ten days after appoint- ment, to qualify by taking the oath of office, and giving such bond as may be required by the said board of super- visors, for the faithful discharge of his duties. Trustees ciassi- SEC. 1700. At the next general election after said ap- fied: election of. p j n t me nt, there shall be elected in said county six high school trustees, who shall be divided into three classes of two each; each class to hold their office one, two, and three years, respectively, and their respective terms to be decided by lot. And each year thereafter there shall be two such trustees elected to succeed those whose term is about to expire. And said trustees shall qualify and enter upon the duties of their office in the same manner, and at the same time as other county officers. county superin SEC. 1701. The county superintendent shall, by virtue dSft e of board. ^ ^ s office, be president of said board of trustees, and at their first meeting in each year, they shall appoint from their own number a secretary and treasurer, who shall per- form the usual duties devolving upon such officers for the term of one year, or until their successors are appointed to take their places. Trustees to SEC. 1702. At said meeting, or at some succeeding meet- o Q f a fui!df: m u i n g called for such purpose, said trustees shall make an for ieed. estimate of the amount of funds needed for building pur- poses, for payment of teachers 1 wages, and for contingent expenses, and they shall present to the board of supervisors a certified estimate of the rate of tax required to raise the SCHOOL LAWS OF IOWA. 73 amount desired for such purposes. But in no case shall the tax for such purposes exceed in one year the amount of five mills on the dollar on the taxable property of the county, and, when the tax is levied for the payment of teachers' wages and contingent expenses only, shall not exceed two mills on the dollar. SEC. 1703. The said tax shall be levied and collected in the same manner as other county taxes, and when collected the county treasurer shall pay the same to the treasurer of the county high school, in the same manner that school funds are paid to the district treasurers as required by law. SEC. 1704. The said treasurer of the high school shall give such additional bond as the board of trustees may bonds: accounts deem sufficient, and receive all moneys from the county treasurer, and from other parties, that belong to the funds of said school, and pay the same out only by direction of the board of trustees, upon orders duly executed by the president, countersigned by the secretary thereof, stating the purpose for which they were drawn. Both the secre- tary and treasurer shall keep an accurate account of all moneys received and expended for said school; and at the close of each year, and as much oftener as required by the board, they shall make a full statement of the financial affairs of the school. SEC. 1705. The said board of trustees shall proceed as soon as practicable after their appointment as aforesaid, to purchase ma- select the best site, in accordance with the vote of the county, that can be obtained without expense to the same, and the title thereof shall be vested in said county. They shall then proceed to make such purchases of material, and to let such contracts for their necessary school buildings, as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax that year. SEC. 1706. When said board of trustees shall have fur- nished a suitable building for the school, they shall employ era: model some competent teacher to take charge of the same, and furnish such assistant teachers as they deem necessary, and provide for the payment of their salaries. As far as prac- ticable, model schools shall be encouraged; and advanced students, and those preparing to become teachers, may be employed a portion of their time in teaching the younger pupils, in order that they may become familiar with the practice as well as theory of successful school teaching, and also avoid, as far as practicable, the expense of employing other assistant teachers. SEC. 1707. Tuition shall be free to all pupils of such o school residing in the county where the same is located, oouaty: tnu- The board of trustees, however, shall make such general rules and regulations as they deem proper in regard to age and grade of attainments essential to entitle pupils to ad- 10 74 SCHOOL LAWS OF IOWA. Pupils from other counties admitted. Rules and regulations. Trustees to report to su- pervisors: con- tents. Vacancies in board filled by supervisors. Compensation of trustees. mission in the school. If there should be more applicants than can be accommodated at any time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the county superintendent of common schools. And the boards of the respective school districts shall desig- nate such pupils as may attend. SEC. 1708. If, at ajay time, the school can accommodate more pupils than apply for admission from that county, the vacancies may be filled by applicants from other coun- ties, upon the payment of such tuition as the board of trustees may prescribe; but at no time shall such pupils continue in said school to the exclusion of pupils belonging in the county in which such high school is situated. SEC. 1709. The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as he deems proper in regard to the studies, conduct and government of the pupils under his charge, and if any such pupils will not conform to and obey the rules of the school, they may be suspended or expelled therefrom by the board of trustees. SEC. 1710. The said board of trustees shall annually make a report to the board of supervisors of their county, which shall specify the number of students, both male and female, who have been in attendance at the county hi^h school during the year, the branches of learning taught, the text-books used, the number of teachers employed, the amount of salary paid to them, the amount expended for library and apparatus, and for buildings and all other ex- penses; also, the amount of funds on hand, debts unpaid, and other information deemed important or expedient to report. Said report shall be printed in at least one news- paper in the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public instruction. SEC. 1711. The board of supervisors shall have power to fill any vacancy that may occur in the board of trustees of that county, by appointment, until the next general election, and a majority of such board of trustees shall be a quorum for the transaction of business. SEC. 1712. The board of supervisors may allow each member of the board of trustees the sum of two dollars per day for the time actually employed in the discharge of his official duties, and when such accounts are presented for payment, they shall be audited and paid out of the county treasury, in the same manner as other accounts against the county, and said trustees shall not be entitled to any fur- ther remuneration for services or expenses. SCHOOL LAWS OF IOWA. 75 LAWS OF THE FIFTEENTH, SIXTEENTH, SEVEN- TEENTH AND EIGHTEENTH GENERAL ASSEMBLIES. CHAPTER 64, LAWS OF 1874. INDUSTKIAL EXPOSITIONS IN SCHOOLS. SECTION 1. It shall be the duty of the board of directors of independent school districts, and the subdirector of each subdistrict, if they should deem it expedient, under the di- rection of the county superintendent, to introduce and intendent. maintain an industrial exposition in connection with each school under their control within this state. SEC. 2. These expositions shall consist of useful articles TO consist of made by the pupils, such as samples of sewing, and cooking of all kinds, knitting, crocheting, and drawing, iron and wood-work of all kinds, from a plain box or horseshoe to a house or steam-engine in miniature; also, all other useful articles known to the industrial world, or that may be in- vented by the pupils, in connection with farm and garden products in their season, that are the results of their own toil. SEC. 3. The pupils shall be required to explain the use and method of their work, and kind and process of culture of farm and garden products. SEC. 4. The parents and friends of pupils shall be allowed asad and requested to be present at said expositions. friends. SEC. 5. Ornamental work shall be encouraged when ac- n menfcal companied by something useful made by the same pupil. SEC. 6. These expositions shall be held in the school room ^J^* 1 upon a school day as often as once a term, and not of tener how often. than once a month. 70 SCHOOL LAWS OF IOWA. CHAPTER 67, LAWS OF 1874. VOTING ON SCHOOL TAXES. SECTION 1. All school districts lying in two adjoining mayvo counties shall have the right to vote mills, instead of spe- BCh 1 Slims > f r school purposes. Training school established, Cedar Falls. Controlled by board of di- rectors. ticm elected. Compensation. Convene when. Elect officers. CHAPTER 129, LAWS OF 1876. (As amended by Chapter 142, Laws of 1878.) STATE NORMAL AND TRAINING SCHOOL. SECTION 1. A school for the special instruction and training of teachers for the common schools of this state is hereby established at Cedar Falls, in Black Hawk county. SEC. 2. The school shall be under tfoe management and control of a board of directors consisting of six members, no two of whom shall be from the same county. They shall be elected by the general assembly, two for two years, two for four years, and two for six years, and the general assembly shall elect two members of said board every two years, for the full term of six years as the terms of office of the respective classes expire. Their term of office shall commence on the 1st day of June following their election. No member of the board shall be a teacher in the school or receive other compensation for his services than a re-im- bursement of his actual expenses to be certified to by him and paid out of the state treasury. Any vacancy occurring in the board shall be filled by the appointment of the gov- ernor. SEC. 3. The board shall convene at the call of the super- intendent of public instruction on or before June 15, 1876, and having each qualified according to law, shall organize by the election of a president and vice-president from their number, and a secretary and a treasurer, who shall be per- sons not members of the board. The secretary shall receive such compensation as may be fixed by the board not to exceed the sum of one hundred dollars and actual traveling expenses. The treasurer shall receive re-imbursement or actual expenditures. SCHOOL LAWS OF IOWA. 77 SEC. 4. The board shall require a bond in the sum of officers to twenty thousand dollars of the treasurer with proper and ^ bend * sufficient sureties, conditional for the safe keeping of funds coming into his hands. He shall receive and disburse all moneys hereby appropriated, and any other funds as the board may provide. The board may require of any officer or employe who may be authorized to receive or pay out money a like bond. SEC. 5. It shall be the duty of the board, in every nee- Board to es- essary manner with the means at their disposal, to provide an^m 80 ^ 001 for and carry out the object for which the school is estab- teachers, lished. For that purpose they shall employ competent and suitable teachers, and other employes. They shall direct, use, and control all the property of the state coming into their hands for that purpose. They shall control and direct Make rules the expenditure of all moneys. They shall make allneces- o sary rules for the management of the school and the gov- ernment thereof, and shall provide for the admission of pu- pils from the several counties of the state in proportion to their respective population and upon the appointment of respective boards of supervisors, or as the board may direct. They shall establish and publish uniform rules for the ad- mission of pupils thereto and such rules shall provide for equal rights in said school to all the teachers in the state, but they shall require in all cases satisfactory evidence 01 the good character of the pupil. They shall also further require all pupils upon their admission to the school to sign a statement of their intention in good faith to follow the business of teaching in the schools of the state. It shall also be the duty of the board to make all possible and nec- essary arrangements with the means at their disposal for the boarding and lodging of pupils, but the pupils shall pay the cost of the same. They shall require each pupil to Require fee for pay a fee for contingent expenses amounting to not more than one dollar per month. The school shall be open dur- ing such part of the year as the board shall determine but the session shall continue at least twenty-six weeks. The board of directors may in their discretion charge the pupils with a tuition fee not exceeding six dollars per term, if such charge shall be necessary in order to the Tuition, proper support of the school as provided by law. SEC. 6. At the close of the year, and on or before the Trustees to first day of July, 1876, it shall be the duty of the board of SSS ?" trustees of the Iowa soldiers' orphans' home, to deliver over f^ iver buUd " to the board of directors provided for herein, the buildings CHAPTER 129, LAWS OF 1876. SECTION 5. This section was amended by Chapter 142, of the seventeenth general assembly, authorizing the board of directors to charge a tuition fee. For terms of admission to the school, apply to the principal of the normal school, at Cedar Falls. 78 SCHOOL LAWS OF IOWA. Directors to prepare build ing and open school. and grounds at Cedar Falls, Iowa, now occupied by said home, transferring for that purpose the inmates of said home to the home at Davenport. They shall also at the same time turn over in like manner all the personal prop- erty at said home at Cedar Palls, except such as is necessary for, and adapted to, the personal use of such inmates at Davenport, and a careful inventory and appraisement thereof shall be made, and a proper voucher given therefor by said board of directors. SEC. 7. The board of directors shall at once proceed to make such improvements and changes in said buildings and grounds as may be necessary to adapt the same to the use of said school, but without greater expense to the state than is provided for in this act, and shall, on or before September 10, 1876, open the same to the use and instruc- tion of pupils. Appropriation. g Ea g. In addition to the property, the use of which is hereby set apart for the purposes of the school, the follow- ing sums are hereby appropriated for the establishment and maintenance thereof: For necessary improvement and repairs, three thousand dollars. For salaries of teachers and employes, ten thousand dol- lars. For contingent expenses, fifteen hundred dollars. The amount appropriated for repairs and improvements may be paid at any time, on the order of the board ; the re- maining sums shall be paid in equal quarterly payments, commencing September 1, 1876. SEC. 9. The said board shall make, at the end of each school year, to the superintendent of public instruction, a detailed report of their proceedings during the year. Their report shall also contain the number of teachers employed in the school, with the compensation of each; the number of pupils, classified; the amount of receipts and expendi- tures and the items thereof, with such other information and recommendations as they may deem expedient, which report shall be embodied in the superintendent's report to the general assembly. Make annual report. SCHOOL LAWS OF IOWA. 79 CHAPTER 136, LAWS OF 1876. WOMEN" ELIGIBLE TO SCHOOL OFFICES. SECTION 1. No person shall be deemed ineligible by X eu ibiut eB to reason of sex, to any school office in the state of Iowa. BchoofofficL. SEC. 2. No person who may have been or shall be ^ f g c ^j ved elected or appointed to the office of county superintendent offices by of common schools or school director in the state of Iowa, reason of shall be deprived of office by reason of sex. CHAPTER 132, LAWS OF 1878. ISSUANCE OF BONDS BY SCHOOL DISTEICTS TO FUND JUDGMENT INDEBTEDNESS. SECTION 1. Any school district against which judg- ments have been rendered prior to the passage of this act, S>w existing, and which judgments remain unsatisfied, may, for the pur- pose of paying off such judgments and funding such judg- ment indebtedness, issue upon the resolution of the board of directors of the district, the negotiable bonds of such Bonds - district, running not more than ten years, and bearing a rate of interest not exceeding ten per centum per annum, payable semi-annually, which bonds shall be signed by the president of the district, and countersigned by the secretary, and shall not be disposed of for less than their par value, nor for any other purpose than that provided for by this act, and such bonds shall be binding and obligatory upon the district. SEC. 2. It shall be the duty of the board of directors of Payment of any district which shall issue bonds under this act, to pro- bc vide for the payment of the same by the levy of tax there- for, in addition to the other taxes provided by law, and they are hereby required to levy such an amount each year as shall be sufficient to meet the interest on such bonds promptly as it accrues. SEC. 3. The bonds issued under this act shall be in the Jg ' bond ' name of the district and in substantially the same form as is by law provided for county bonds; shall be payable at the pleasure of the district; shall be registered in the office of the county auditor; shall be numbered consecutively and redeemed in the order of their issuance. 80 SCHOOL LAWS OF IOWA. District may be divided, or part detached. Election: manner of. CHAPTER 133, LAWS OF 1878. (As amended by Chapter 131, Laws of 1880.) SUBDIVISION OF INDEPENDENT SCHOOL DISTKICTS. SECTION 1. Any independent school district, organized under any of the laws of this state, may subdivide, for the purpose of forming two or more independent school dis- tricts, or have territory detached to be annexed with other territory in the formation of an independent district or dis- tricts, and it shall be the duty of the board of directors of said independent district to establish the boundaries of the districts so formed, the districts so formed not to contain less than four government sections of land each; this limi- tation shall not apply when, by reason of a river or other obstacle, a considerable number of pupils will be accom- modated by the formation of a district containing less than four sections, or where there is a city, town or village within said territory of not less than one hundred inhab- itants, and in such cases the independent district so formed shall not contain less than two government sections of land, such subdivision to be effected in the manner provided for in sections 2, 3 and 4 of this chapter; provided, that when either of the districts so proposed to be formed con- tains less than four government sections, it shall require a majority of the votes of each of the proposed districts to authorize such subdivision. SEC. 2. At the written request of one-third of the legal voters residing in any independent school district, the board of directors of said independent district shall call a meeting CHAPTER 133, LAWS OF 1878. SECTION 1. (a) The provisions of this section as amended apply to all independent districts organized under the laws of this state. (b) The amount of territory cannot be less than an equiva- lent of four government sections, unless the provisions of the latter part of this section apply. (c) An independent district containing territory amounting to less than eight government sections may be divided into two independent districts, if an unbridged stream or other obstacle prevents a considerable number of scholars from attending school, or if one portion contains a village of not less than one hundred inhabitants. The district so formed must contain ter- ritory amounting to not less than two government sections, and a majority of the votes cast in each contemplated district must be cast for the division. SEC. 2. When the required number of electors petition for SCHOOL LAWS OF IOWA. g of the qualified electors of the independent district, at the For deciding usual place of holding their meeting, by giving at least ten amBon! f days' notice thereof by posting three notices in the inde- pendent district sought to be divided, and by publication in a newspaper, if one be published in the independent dis- trict, at which meeting the electors shall vote by ballot for or against such subdivision. SEC. "3. Should a majority of the votes be cast in favor Election of of such subdivision, the board or boards of directors shall call a meeting in each independent district so subdivided or formed as aforesaid, for the purpose of electing by ballot three directors, who shall hold their offices one, two and three years respectively, the length of their respective terms TermB of offloe to be determined by lot; and but one director shall be chosen annually thereafter, who shall hold his office for three years. SEC. 4. At the meeting of the electors of each independ- 2SSl f ent school district, as provided in the last section, they shall also determine by ballot the name to be given to their district, and each independent district, when so organized, shall be a body corporate, and the name so chosen shall be its corporate name; provided, that the board of directors Board may of any district organized under the provisions of this act chan s e may change its name if any other district in the township shall have chosen the same name. SEC. 5. Independent districts organized under the pro- HOW governed, visions of this act shall be governed by the laws relating to independent districts. CHAPTER 166, LAWS OF 1878. TUITION OF PAUPER CHILDREN". SECTION 1. Section 1381 of the Code is hereby amended code, im r by adding at the end of the section : The expense of the M poor-house shall include such an amount of tuition for the How instruction of the pauper children as the whole number of days' attendance of such pauper children is to the total number of days' attendance in the school at ^which such pauper children attend, and such amount shall be paid into the treasury of the district where said children attend. such division, the board of directors are compelled to call the election. SEC. 5. When the division has been made, a settlement of assets and liabilities must be made, in conformity with section 1715. 11 82 SCHOOL LAWS OF IOWA. CHAPTER 8, LAWS OF 1880. SEPARATE POLLING PLACES. Different poll- ing places. Questions submitted by ballot. Register of electors. Notice of election. Judges of election. SECTION 1. Independent school districts having a popu- lation of not less than fifteen thousand inhabitants shall be divided into not less than three, nor more than six election precincts, in each of which a poll shall be held at a con- venient place, to be appointed by the board of directors, for the reception of the ballots of the electors residing in such precinct at said election. SEC. 2. The board of directors shall provide for the sub- mission of all questions relating to the powers reserved to the electors under section 1807 of the Code, which ques- tions shall be decided by ballot, returns to be made on questions submitted as hereinafter provided. SEC. 3. A register of the electors residing in each pre- cinct shall be prepared by the board of directors from the register of the electors of any city, town or township which is in whole or in part included within such independ- ent school district ; and for that purpose a copy of such register of electors shall be furnished by the clerk of each such city, town or township to the board of directors. Said board shall, in each year before the annual election for directors, revise and correct such school election registers by comparison thereof with the last register of elections for such cities, towns and townships. And the register pro- vided for by this section shall have the same force and effect at elections held under this act, and in respect to the recep- tion of votes at said elections, as the register of elections has by law at general elections. SEC. 4. Notice of every election under this act shall be given in each district in which the same is to be held, by the secretary thereof, by posting up the same in three pub- lie places in such district and by publication in a newspa- per, published therein for two weeks preceding such elec- tion; such notice shall also state the respective election precincts, and the polling place in each precinct. SEC. 5. The board of directors shall appoint one of their own number and another elector of the district to act as CHAPTER 8, LAWS OF 1880. SECTION 1. This chapter applies only to cities which, with their contiguous territory, have not less than 15,000 inhabitants, as determined by the last state or national census. SEC. 2. The directors should submit all questions pertaining to school-house taxes, including those for library and apparatus, in such way that the electors can determine these questions by ballot. SCHOOL LAWS OF IOWA. 83 judges of election, and a clerk for each polling place, who shall be sworn as provided by section 609 of the Code in case of general elections. The polls shall be open from 9 o'clock A. M. to 6 o'clock p. M. If either of the judges, or clerk, fail to attend, his place may be filled by the others by appointing an elector attending in his place, and if all fail to attend in time, or refuse to serve or be sworn, the electors present shall choose two judges and a clerk from the electors attending. A ballot-box and the necessary poll- book shall be provided by the board of directors for each precinct, and the election shall be conducted in the same manner, and under the same rules and regulations, so far as applicable, as provided by chapter 3 of title V of the Code, for general elections. SEC. 6. The judges of election and clerk in each pre- R 6111 " 18 - cinct shall canvass the vote therein, and shall, as soon as possible, make out, sign and return to the secretary of the district a certificate showing the whole number of votes cast in such precinct, and the number of votes in favor of each person voted for, and questions submitted. The board Canva8g . of directors shall meet on the next Monday after the elec- tion and canvass the returns, and ascertain the result of the election. The whole number of votes cast, and the number in favor of each person voted for shall be entered in their record, and the persons respectively receiving the highest two numbers of votes shall be declared elected, and all questions submitted receiving a majority of votes cast shall be recorded as carried. The secretary shall issue to each person so elected a certificate of his election. SEC. 7. All acts and parts of acts inconsistent with this act are hereby repealed. CHAPTER 12, LAWS OF 1880. LOAN AND MANAGEMENT OF THE PERMANENT SCHOOL FUND. SECTION 1. The rate of interest on all permanent school Rate of inter- funds loaned after January 1, A. D. 1880, shall not exceed es eight per cent per annum from date of such loan. SEC. 2. Interest not paid when due shall bear interest at the same rate as the principal. SEC. 3. After July 1, A. D. 1880, the counties having charge to permanent school funds in control shall be charged only counties, six per cent, instead of eight per cent, as now provided by the Code. SEC. 4. Section 1846 of the Code is hereby amended by striking out the words u ten per cent," in the sixteenth and 84 SCHOOL LAWS OF IOWA. seventeenth lines, and inserting in lieu thereof the words "eight per cent." Attorneys' fees. SEC. 5. Section 1873 of the Code is hereby amended by adding at the end of the section the following: "But in no case to exceed ten per cent on the amount for which judgment is rendered; and in no case to exceed the sum of twenty-five dollars." SEC. 6. Loans may hereafter be made to one person, or one company, to the amount of one thousand dollars; pro- vided, it is found impracticable to keep the whole amount of the funds loaned in sums of five hundred dollars or less. SEC. 7. All laws inconsistent with this act are hereby repealed. CHAPTER 51, LAWS OF 1880. Judgment indebtedness. Provide for payment. TO ENABLE SCHOOL DISTRICTS OR DISTRICT TOWNSHIPS TO ISSUE BONDS FOR THE PURPOSE OF FUNDING JUDGMENT INDEBTEDNESS NOW EXISTING, ADDITIONAL TO CODE, TITLE XII, CHAPTER 9. SECTION 1. Any school district or district township against which judgments have been rendered prior to the passage of this act, and which such judgments remain un- satisfied, may, for the purpose of paying off such judgment indebtedness, issue negotiable bonds of such district town- ship, upon a resolution of the board of directors of the dis- trict township, running not more than ten years, and bear- ing a rate of interest not exceeding eight per cent per annum, payable semi-annually, which bonds shall be signed by the president of the district and countersigned by the secretary, and shall not be disposed of for less than their par value, nor for any other purpose than that provided by this act, and such bonds shall be binding and obligatory upon the district township. SEC. 2. It shall be the duty of the board of directors of any district township which issues bonds under this act, to provide for the payment of the same by tho levy of tax therefor, in addition to the other taxes provided bj r law ; and they are hereby required to levy such an amount each year as shall be sufficient to meet the interest on such bonds promptly as it accrues. CHAPTER 51, LAWS OF 1880. This chapter is substantially a re-enactment of chapter 132 of the seventeenth general assembly. SCHOOL LAWS OF IOWA. 85 SEC. 3. The bonds issued under this act shall be in the Registration name of the district township and in substantially the same Son. redemp ~ form as is by law provided for county bonds ; shall be pay- able at the pleasure of the district township; shall be reg- istered in the office of the county auditor; shall be num- bered consecutively and redeemed in the order of their ssuance CHAPTER 132, LAWS OF 1880. AUTHORIZING INDEPENDENT SCHOOL DISTRICTS OR DISTRICT TOWNSHIPS TO FUND THEIR OUTSTANDING BONDED INDEBTEDNESS, AND TO PROVIDE FOR THE PAYMENT OF THE SAME. SECTION 1. Any independent school district, or district Boards issue township, now or hereafter having a bonded indebtedness JSJdig r r ' outstanding, is hereby authorized to issue negotiable bonds at any rate of interest not exceeding seven per cent per annum, payable semi-annually, for the purpose of funding said indebtedness; said bonds to be issued upon a resolution of the board of directors of said district; provided, that said resolution shall not be valid unless adopted by a two-thirds vote of said directors. SEC. 2. The treasurer of such district is hereby author- 25^335.* ized to sell the bonds provided for in this act, at not less than their par value, and apply the proceeds thereof to the payment of the outstanding bonded indebtedness of the district, or he may exchange such bonds for outstanding bonds, par for par; but the bonds hereby authorized shall be issued for no other purpose than the funding of out- standing bonded indebtedness. The actual cost of the engraving and printing of such bonds shall be paid for out of the contingent fund of such district. SEC. 3. Said bonds shall run not more than ten years, Redemption of and be payable at the pleasure of the district after five b< lds * years from the date of their issue; provided, that in order to stop interest on them the treasurer shall give the owner CHAPTER 132, LAWS OF 1880. SECTION 1. The board of directors can refund outstanding bonds by a two-thirds vote of the board. The bonds must ran at least five years, and the interest is limited to seven per cent They are not required to submit the question of issuing bonds to redeem outstanding bonds, to the electors, as provided in section 1821, if the above conditions are fulfilled. OF 86 SCHOOL LAWS OF IOWA. Description of bonds. of said bonds ninety days' written notice of the readiness of the district to pay, and the amount it desires to pay ; said notice to be directed to the post-office address of. the owner of the bonds-, provided, further, that tha treasurer shall keep a record of the parties to whom he sells the bonds ; and their post-office address, and notice sent to the address as shown by said record shall be sufficient. SEC. 4. Said bonds shall be in denominations of not less than one hundred dollars and not more than one thousand dollars; and said bonds shall be given in the name of the independent district, or district township, and signed by the president, and countersigned by the secretary thereof; and the principal and interest may be made payable wherever the board of directors may by resolution determine. SEC. 5. When said bonds are delivered to the treasurer to be negotiated, the president shall take his receipt there- for, and the treasurer shall stand charged on his official bond with the amount of the bonds so delivered to him. Levy of tax for SEC. 6. The tax f or the payment of the principal and payment. interest of said bonds shall be raised as provided in section 1823, chapter 9, title XII of the Code; provided, that if the district shall fail or neglect to so levy said tax the board of supervisors of the county in which said district is located shall, upon the application of the owner of said bonds, levy said tax. SEC. 7. All acts and parts of acts in conflict with this act are hereby repealed. Treasurer charged with. BLANK FOKMS. NUMBER 1. Form for Proceedings of District Township Meeting. [Section 1717.] March , 188.. The electors of the district township of , in the county of , and state of Iowa, assembled at pursuant to -previous notice. The meeting was called to order by the president at o'clock M. The sec- ret.iry being absent, was appointed secretary. The order of business was stated by the president. On motion of Mr , a tax of dollars was voted for school-house purposes. Mr moved that a tax of eight hundred dollars be voted for the purpose of erecting a school-house in subdistrict No Mr moved to amend by striking out "eight hun- dred dollars" and inserting "one thousand dollars," which motion was agreed to, and the motion as amended was decided in the affirmative. Mr moved to transfer dollars of unused school-house fund to teachers' (contingent) fund. Mr moved that the various powers conferred by law on the district meeting, which maybe delegated to the board of directors, be and the same are hereby so delegated. After discussion the vote was taken and the motion was adopted. On motion of Mr , the meeting adjourned. Chairman. Secretary. NOTE. It is essential that the secretary make a full and accurate record of the proceedings of the district township meeting, which should be sub- mitted to the president for his approval at the close of the meeting, and afterwards recorded iii the district records, or otherwise preserved. These records, together with all certificates of the action of any subdistrict in relation to voting school-house taxes, must be submitted by the secretaiy, who is the proper custodian of the records, to the board of directors, at the meeting held on the following Monday, to form the basis of their action in apportioning and certifying school-house taxes to the board of supervisors. 88 BLANK FORMS. NUMBER 2. Form of Notice for Annual Meeting in Subdistritts. [Section 1718.] Notice is hereby given, that a meeting of the qualified electors of subdis- trict No , of the district township of , in the county of , and state of Iowa, will be held at , on the first Monday in March, 88 . . ., at o'clock, for the election of one subdirector, and the transac- tion of such other business as may legally come before it. Dated, ,188.. Subdirector of Subdistrict No.... NOTES, (a) In case there is no subdirector, the above notice must be given by the secretary of the district township. It must be posted five days previous to the meeting, in at least three public places in the subdistrict. The notice should designate the hour of meeting, which cannot be earlier than 9 o'clock, A. M. See section 1789. (b) When an organized district township is left without officers, or with- out a quorum, the above notice for a special election should be posted by the township trustees, in at least three public places in each subdistrict, chang- ing the time of holding the election to suit the circumstances of the case. See section 1714. NUMBER 3. Form of Proceedings of Annual Subdistrict Meeting. [ Sections 1718, 1719, 1720.] March ,188.. The electors of subdistrict No , of the district township of in the county of , and state of Iowa, met pursuant to previous notice. * was appointed chairman, and . , secretary of the meeting. On motion of Mr , the meeting proceeded to the election by ballot of one subdirector. The chairman announced the result of the ballot to be as follows : 20 votes were cast for A B ; 15 votes f or C D ; and 10 votes f or E F ; upon which A B was declared duly elected subdirector for the ensuing year. BLANKS FORMS. gg Mr moved that a tax of dollars be voted for the erection of a school-house in this subdistrict. The motion was lost. On motion of Mr , the meeting adjourned. Chairman. Secretary. NOTES, (a) If the electors desire to hold a caucus, it should be done before the subdistrict meeting is called to order. Only one ballot can be had for the election of subdirector, and a plurality will elect. (b) The amount voted by the subdistrict must be certified to the next regular district township meeting. (c) To avoid the levying of taxes upon the subdistrict, the district town- ship may simply be requested, by a vote of the electors of the subdistrict, to build them a school-house, without asking for a definite amount of money. NUMBER 4. Form for Certificate of Election of Subdirector. [Section 17 19.] We hereby certify that, at the annual meeting of subdistrict No of the district township of , in the county of , and state of Iowa, held on the first Monday in March, 188.., was duly elected subdirector for said subdistrict. CTiairman. Secretary. NOTES, (a) This certificate, slightly varied, wiU answer in case of the election of a subdirector at a special meeting called by the township trus- tees. In both cases, it should be presented by the subdirector elect to the board of directors of the district township, and filed with the president of said district (b) In case of a tie vote, the fact should be certified in a similar manner to that given in the above form, by the officer^ of the meeting. 90 BLANK FORMS. NUMBER 5. Form for Certificate of Tax Voted by Subdistrict Meeting. [ Sections 1718, 1778.] To , Secretary of the board of directors of the district township of : I hereby certify that the electors of subdistrict No , of the district township of , in the county of , and state of Iowa, at the annual meeting, held on the first Monday in March, 188. ., voted a tax of dollars for the erection of a school-house in said subdistrict. Subdirector. NOTE. This certificate may be made either by the subdirector or by the chairman and secretary of the subdistrict meeting. NUMBER 6. Proposals for the Erection (or Repair) of a School-house. [Section 1723.] Notice is hereby given that proposals for the erection (or repair) of a school-house in subdistrict No , in the district township of ,. in the county of , will be received by the undersigned, at his office in (where plans and specifications may be seen), until 1 o'clock, p. M., 188 , at which time the contract will bo awarded to the lowest responsible bidder. The board reserve the right to reject any or all bids. Secretary of the Board of Directors. NUMBER 7. Form of Contract for Building a School-house. [Section 1723.] Contract made and entered into between , of the county of , and state of Iowa, and , in behalf of the district township of in the county of , and state of Iowa, and his successors in office. BLANK FORMS. 91 In consideration of the sum of dollars, to be paid as hereinafter specified, the said hereby agrees to build a school-house, and to furnish the material therefor, according to the plans and specifications for the erection of said house hereto appended, at in said district township. The said house is to be built of the best material, in a substantial, workmanlike manner, and is to be completed and delivered to the said ,...., or his successors in office, free from any lien for work done or material furnished, on or before the day of , 188. . And in case the said house is not finished by the time herein specified, the said shall forfeit and pay to the said , or his successors in office, for the use of said district township, the sum of dollars, and shall also be liable for all damages that may result to said district township in consequence of such failure. The said , or his successors in office, in behalf of said district township, hereby agrees to pay the said the sum of dollars when the foundation of said house is fin- ished ; and the further sum of dollars when the walls are up and ready for the roof; and the remaining sum of dollars when the said house is finished and delivered as herein stipulated. It is further agreed that this contract shall not be sublet, transferred, or assigned without the consent of both parties. Witness our hands this day of , 188. . Contractor. President. This is to certify that the foregoing contract was approved by the board of directors of the district township of , in the county of , and state of Iowa, this day of 188. . President. Secretary. NOTES, (a) The law requires the board to make all contracts necessary to carry out any vote of the district, and the president of the district to sign all contracts made by the board. Section 1739. Contracts must, in all cases, be made according to the instructions and directions of the board, and after being made they should be approved by the board before any work is done. (b) In building a school-house, it is important to secure plans of the building, with full specifications as to its dimensions, style of architecture, number and size of windows and doors, quality of materials to be used, what 92 BLANK FORMS. kind of roof, number of coats of paint, of what material the foundation shall be constructed, its depth below and its height above the surface of the ground, the number and style of chimneys and flues, the provisions for ven- tilation, the number of coats of plastering and style of finish, and all other items in detail that may be deemed necessary. The plans and specifications should be attached to the contract, and the whole filed with the secretary of the district township. NUMBER 8. Form of Bond for Performance of Contract. [Section 1723.] ., Know all Men by these Presents : That we, as prin- cipal, and and .... as sureties, of the county of , and state of Iowa, are held and firmly bound unto the district township of , in the county of , and state of Iowa, in the penal sum of dol- lars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators and assigns, jointly, severally and firmly by these presents. The condition of the above obligation is such that, whereas the said has this day entered into a written contract with , as president of the board of directors of the district township of in the county of and state of Iowa and his successors in office, for the erection and completion of a school-house in said subdistrict, by the day of , 188. ., according to the plans and specifications for the construction of said house appended to said contract. Now, therefore, if the said shall faithfully and fully comply with all the stipulations of said contract, then this obligation shall be void ; otherwise remain in full force and virtue in law. In testimony whereof we have hereunto subscribed our names this day of , 188.. Principal. Sureties. BLANK FORMS. 93 NUMBER 9. Form for Certificate of Appointment of School Officers. [Section 1730.] ,188.. To : You are hereby notified that, at a meeting of the board of directors of the district township of , in the county of , and state of Iowa, held on the. day of , 188. ., you were duly appointed (here name the office), in and for said district township, to fill the vacancy occasioned by the (here state the cause of the vacancy) of Secretary of the Board of Directors. NOTE. For the appointment of subdirector, insert in the above form the words " subdistrict number of" immediately after the word " for." NUMBER 10. Form for Bond of Secretary or Treasurer. [Section 1731.] Know all Men by these Presents : That I, as prin- cipal, and and as sureties of the district township of , in the county of , and state of Iowa, are held and firmly bound unto the district township of , in the said county and state, in the penal sum of dollars, to be paid to the said district township of , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators firmly by these presents. The condition of the above obligation is such that if the above bounden , shall well and truly fulfill the duties of secre- tary (or treasurer) in the district township of , and county of and state of Iowa, to the best of his ability, according to law, then the above obligation to be void, otherwise to remain in full force and action in law. In testimony whereof we have hereunto subscribed our names this day of ,188.. Principal. Sureties. 94 BLANK FORMS. STATE OF IOWA, [ qQ county. y Sk I , do solemnly swear (or affirm) that I will sup- port the constitution of the United States, and the constitution of the state of Iowa, and that I will faithfully and impartially discharge the duties of secretary (or treasurer) of the district township of in the county of , and state of Iowa, according to law and as provided by the con- dition of my bond above written. Subscribed and sworn to before me by the above named. this day of , A. D. 188. . In testimony whereof witness my hand and official seal [SEAL.] Notary Public. STATE OF IOWA, county. rSS< I, , being duly sworn, depose and say that I am a resident freeholder of the state of Iowa, and am worth the sum of dollars beyond the sum of my debts, and have property liable to execution in this state equal to the sum of dollars. Subscribed and sworn to before me by the above named this day of , A. D. 188. . In testimony whereof witness my hand and official seal. [SEAL.] Notary Public. NOTES, (a) See section 1731, notes. (b) The aggregate amount to which the sureties are required to qualify, is double the amount of the bond required. See section 249, Code. NUMBER 11 Form of Certificate for Election of the Officers of the Board, to the County Superintendent, Auditor, and Treasurer. [Section 1736.] I hereby certify that at a meeting of the board of directors of the district township of , held on the.. day of , 188. ., the following named officers were elected and have duly qualified according to law : , to the office of , P. 0. Address, , to the office of , P. O. Address, Dated at.. .,188.. Secretary. NOTE. All the officers of the board, in addition to the oath which they may have taken as members, must take the oath of office as prescribed by section 5, article 11, of the constitution. BLANK FORMS. 95 NUMBER 12. Form of Draft on the County Treasury. [Sections 1739, 1785.] To , County Treasurer: Pay to , treasurer of the district township of , in the county of , and state of Iowa, dollars school-house fund, -dollars contingent fund, and dollars teachers' fund, being the amount of taxes collected and due this district, for the quarter ending on the first Monday of. , as shown by your notice of , 188.. President. Secretary. NOTE. Whenever a draft is drawn on the county treasury, it is the duty of the secretary to charge the district treasurer with the amount named in the draft, keeping a separate account with each fund. See section 1782- NUMBER 13. Form of Order on District Treasury. [Section 1739.] * ,188 . To , treasurer of the district township of Pay to , or order, the sum of dollars from the (here state the fund) fund for (here state the object for which drawn.) President. Secretary. NOTE . " No order shall be drawn on the district treasury, until the claim for which it is drawn has been audited and allowed." Section 1733. All orders drawn on the district treasury should be registered by the .sec- retary as per Form No. 16. 96 BLANK FORMS. NUMBER 14. Form of Lease. [Section 1739.] Know all Men by these Presents : That of the county of , and state of Iowa, for the consideration hereinafter mentioned, does hereby lease unto , president of the board of directors of the district township of , in the county of , and state of Iowa, or his successors in office, for the use of said district township for school purposes, the following de- scribed premises, situate in the county and state aforesaid, to-wit : (Here describe the house and lot or parcel of ground), together with all the privi- leges thereto belonging, for the term of months from the day of ,188.. The said , president as aforesaid, or his successors in office, hereby agrees to pay the said for the use of said premises the monthly rate of dollars, to be paid at the expi- ration of this lease In testimony whereof, we have hereunto subscribed our names this day of ,188.. Signed in duplicate. President. NOTE. As a matter of safety, the above lease should be executed in du- plicate, one to be held by the secretary of the board, and the other by the lessor. The lease should be approved by the board of directors, as in case of a contract, and should be filed with the secretary. NUMBER 15. Form of Deed. [Section 1739.] Know all Men by these Presents : That we, , and , his wife, of the county of . . . , and state of Iowa, in consideration of the sum of dollars in hand paid, do hereby sell and convey unto the district township of , in the county of and state of Iowa, the following described premises situate in the county and state aforesaid* to-wit: (Here describe the premises.) BLAlSTv FORMS. And we do hereby covenant with the said district township that we are lawfully seized of said premises ; that they are free from incumbrunce; thafc we have good right and lawful authority to sell the same; and we do hereby covenant to warrant and defend the title to the said premises against the lawful claims of all persons whomsoever. Signed this day of , iss. . STATE OF IOWA, { __ county, y s * On this day of A. D. ISS. ., before me, a notary public in and for said county, personally came , and , his wife, personally to me known to be the identical persons whose names are affixed to the above deed as grantors, and acknowl- edged the same to be their voluntary act and deed, for the purposes therein expressed. [L s ] Witness my hand and notarial seal this day Notary Public. NOTES, (a) In purchasing the grounds for school-house purposes, the president should require an abstract of title and satisfy himself that the property is free from incumbrance. Let the property in all cases be con- veyed to the district in its corporate name. The deed should be filed with the president. (b) In case of the donation of school-house sites, the following reversion- ary clause may be appended to the deed : " Provided, that if, for the space of two consecutive years said premises shall cease to be used for school pur- poses, the same shall revert to the original donor, his heirs or assigns, with- out legal hlnderance or expense." (c) Since, by section 1S27, the receipt of the treasurer for the money de posited with him, for the owner of the land, may be the only evidence of title, such receipt should have a full description of the property, contain the proviso of note (b) of this form with this addition, "upon the repayment of the principal amount paid by the district, without interest, together with the value of any improvements thereon made by the district," and the re- ceipt should be recorded by the county recorder. 13 98 BLANK FORMS. NUMBER 16. [Section 1741.] Form of Order Register of Secretary and Treasurer. ;s d 3 a ? O> 02 S c DATE. IN WHOSE FAVOR FOR WHAT PURPOSE. ~s s ^ ^"3 DRAWN. 8)1 c g 1 o O ^ Sa 1 r EH April 7, 188. . Teaching school. ... c> g* tS>Af f\f\ April 7, 188.. A.J.Adams.. .. Rep. on S. house 15 00 ' April 7, 188. . Joel 15. Young. . . Fuel 5 00 May iO, 188.. Thos. Harrison. . Erection of S. house 125 00 O V/U IMay 14, 188.. [Sarah Johnson... Teaching school...,. 03 74 NOTE. The law requires both the secretary and treasurer to keep a reg- ister of all orders drawn on the district treasury, containing a record of -each item enumerated in the above form. Whenever orders are drawn, the secretary should register them and fur- nish the treasurer with a transcript of the same to place upon his register. Whenever partial payment is made, the treasurer should indorse the pay- ment on the order and take a receipt for the amount paid. When paid in full, the order should, in all cases, be indorsed by the person presenting it, and left with the treasurer. It is then a voucher for the amount paid. NUMBER 17. Form for Notice of District Township Meeting. [Section 1742.] Notice is hereby given to the qualified electors of the district township of % - , in the county of , and state of Iowa, that the annual meeting of said district will be held at , on the second Monday in March, 188. ., at o'clock. . . .M., for the transaction of such business as may legally come before it. Secretary. Dated, ,188.. NOTES, (a) The above notice must be posted in five different conspicuous places in the district and a copy of the same furnished to the teacher of each BLANK FORMS. 99 school in session to be read to the pupils thereof. In independent districts, insert immediately after the word "for" in the concluding part of the notice, the words "the election of officers and" in accordance with the provisions of sections 1807, and 1808. (b) The same notice may be given for the extra meetings provided for in sections 1717j^ mil 1S2J, changing the time of holding the election to suit the circumstances of the case. NUMBER 18. Form for the Treasurer's Account with the Teachers' Fund. [Sections 1747, 1748.] , , TREASURER, in account with Teachers' J7und. DR. Sept. 23, 188.. Oct. 5, 188.. Jan. 4, 188.. April 5, 188.. Aprils, 188.. July 5, 188.. To cash received of County Treasurer, semi-annual apportionment To cash received of County Treasurer, district tax. . . To cash received of County Treasurer, district tax. . . To cash received of County Treasurer, district tax. . . To cash received of County Treasurer, semi-annual apportionment To cash received of County Treasurer, district tax. . . $270 00 75 00 150 00 107 00 135 00 100 00 , TREASURER, in account with Teachers' Fund. CR. Oct. 13, 188. . By cash paid James ilogan, on order No. 1 Oct. 13, 188. . By cash paid S.irah Smith, on order No. 3 Nov. 14, 188. . By cash paid Nicholas Hoover, on order No. 4 May 3, 188. . By cash paid Louisa Martin, on order No. 7 May 4, 188. . By cash paid Jas. M. Iliggins, on order No. 10 May 4, 188. . By casli paid Stephen Piielps, on order No. 11 May 5, 183 .. | By cash paid Amel ia Mason, on order No. 13 \ $130 00 89 00 135 00 82 00 115 00 175 00 95 00 NOTE. A similar account is to be kept with the school-house fund and contingent fund, and a statement of the condition of any fund is to be ren- dered at any time when required by the board. By keeping a correct account of the orders, as per Form 5To. 10, the treasurer will know the amount outstanding, and can readily determine what per cent on each he can pay with the funds on hand. The above form is intended for separate pages opposite each other. 100 BLANK FORMS. NUMBER 10. [ Section 1745.] Report of the Secretary of the t County, Iowa, for the Year Eliding September 15, 1S8. . DISTRICTS. SCHOOLS. TEACHERS. PUPILH. SCHOOL- HOUSES. APPA- RATUS. || < K Number of subdistrict or name of in- dependent district. Number ungraded. I 1 to a 09 1 a 3 1 Number of mouths school siuuo Septem- ber of last year. Nucber employed. Average compensation per month. Number of persons between the ages 01 5 and 21 years. Total No. of difl'ereut scholars regis- tered in the schools since last Septem- o o 1 a 1 1 1 co 03 I Average co>t of tuition per mouth lor each pupil. Number. | 1 00 1 O 1 a IJouded indebtedness of independent 1 district. i j 1 Females. 1 1 Females. i 1 1 STOUO. J * ;&> .. 8 *... $... .... .... ... .... ... Totals * * _. * *Lcavo these totals blank. BRANCHES AND TEXT BOOKS. STATISTICS OP BLIND AND DEAF AND DUMB. Branches taught. Text-books used. Name. \\ Age. Nature oi Defect. Name of parent. P. O. ad- dress. . , . . . I hereby certify that the foregoing report is correct. September , 188. . Secretary. CLANK FORMS. 101 NOTES, (a) At their regular meeting in September, call the- attention of your board to section 090, Code of 1S73, which directs them to settle in full with the treasurer, and require him to account for and produce all funds and property under his control. Neglect to do this will make the new bond valueless, since there is no legal proof that the treasurer had any funds in his possession. The fact that the treasurer has made a complete settlement, and that he is in possession of the funds, should be indorsed on the new bond. See note (c) to section 1731. (b) Two or more terms taught in the same school-house, in the same year, constitute but one school. (c) Express all fractions decimally ; omit cents in the valuation of school- houses and apparatus. (d) To find the average daily attendance in the district, divide the sum of the total attendance in days, as shown by the register of the teacher or teachers, by the number of days the school has been taught. (e) To find the average cost of tuition per month for each pupil, divide the total amount paid teachers by the number of months, and this quotient by the average daily attendance. (f) The average compensation per month averages between winter and summer schools, or of all the teachers of the same grade employed in a given district. (g) Secretaries should file their reports with the county superintendent immediately after the meeting of the board, on the third Monday hi Sep- tember. NUMBER 20 [Section 1751.] Report of tlie Treasurer of the , County, Iowa, for the Year Ending September ..,183.. DR. SCHOOL-HOUSE FUND. CR. On hand at last report llecci ved from district tax. . . . $.. Paid for school-houses and 3 lleceivud from other sources. . Paid for library and apparatus Paid on bonds and interest. . Paid for other purposes On hand Total -^ Total 102 DR. BLANK FORMS. CONTINGENT FUND. CR. On hand fit last report Paid "for vpnt find Tpmi^es of lleceivccl from district tax. . . . school-houses .... Received i'rom other sources. . Paid for fuel Paid secretary and treasurer. Paid for records, dictionaries and apparatus Paid for insurance and jani- tors Paid for supplies, brooms, chalk, etc Paid for other purposes On hand Total Total DR. TEACHERS FUND. CR. On hand at last report Received from district tax. . . . 8 Paid teachers since last report. Paid for other purposes 8 .. Received from semi-annual On hand .... " apportionment Received from other sources Total Total I hereby certify that the foregoing report is correct. , September , 188. . , Treasurer. NOTES, (a) The totals of the debit and credit columns in each fund SHOULD, IN ALL CASES, BE EQUAL; the report should exhibit the exact amounts received and paid out by the district since the date of last report. Unpaid orders are not to be reported. (b) The amount on hand at last report should be identical with the amount reported on hand in your last report to the county superintendent. (c) The treasurer is required to make a full report to the board, at the ex- piration of his term of office on the third Monday of September, and to file a copy of the same immediately with the county superintendent. See section 1751, School Laws of 1880. (d) The report must be made in the identical items printed on this blank. Any deviation or interlining simply causes us the trouble of condensing. (e) The report made to the county superintendent should be identical with the final report made by the treasurer to the board at their meeting on tho third Monday in September. BLANK FORMS. 103 NUMBEK 21. Form of Contract between Subdirector (or Sewetary), and Teacher. [Sections 1753, 1757, 1758.] This contract, between '. , of county, Iowa, and , subdirector of subdistrict No. of the district township of in the county of and state of Iowa, witnesseth : That the said agrees to teach the public school in said subdistrict for the term of weeks, commencing on the day of , 188. ., and well and faithfully to perform the duties of teacher in said school, according to law, and the rules legally established for the government thereof, including the exercise of due diligence in the preservation of school buildings, grounds, furniture, apparatus, and other school property. In consideration of said services, the said , as subdirector aforesaid, in behalf of said district township, agrees to pay the said the sum of dollars per school month, at the end of , and to perform all the duties required by law as such subdirector. Witness our hands this day of , A. D. 188. . Teacher. Subdirector. The within contract is hereby approved this day of , 188. . President. NOTE. With a little variation the above form will answer for independ- ent districts. The subdirector should file the contract with the president and secure his approval before the teacher enters upon his duties. The president cannot withhold his approval, unless there has been a violation of law, or the instructions of the board have been disregarded. 104 BLANK FORMS. NUMBER 22. Form for List of Heads of Families and Children, to be kept by Subdirectors. [Section 1734.] PARENTS OR GUARDIAN'S. NAMES OF CHILDREN. SEX. AGE. 1 'liter iSinitli Mule ] years Eliza Smith William Jones Female Male 10 years. 15 years Charles Peters, (ward) Male !'{ years Anna Bvron. . James Bvron. . Male. . 10 von re. NOTE. The above list should be recorded in a book, and carefully pre- served with the records of the subdistrict, from this record the subdirector can make his annual report to tao district secretary, as required by section 1753. BLANK FORMS. 105 - I ! O ,S ^ 'o J I s ^2 14 "qx '8 "Ai I '- -cans 'OS 85 '-qx 'LZ ''Ai 95 ''X S5 "W -rang X X u X UL X f-i a s ; I "r~r~i^T 106 BLANK FORMS. NOTE. The board should supply each school-room in the district with a bound copy of school register. In the above form, E indicates the date of the pupil's entrance; \ , absence in the forenoon ; X , absence in the afternoon ; 20, twenty minutes late forenoon; lOe, ten minutes late afternoon, excused. The absence of marks indicates that the pupil was present the entire day. Absence at roll- call is indicated by a dot, which is afterwards changed to figures, or a diago- nal mark, as the circumstances require ; * indicates branch studied. NUMBER 24. Form for Teacher's Term Report to District Secretary. Teacher's report to the district secretary of the school taught in subdis- trict No , of the district township of , . .% county, Iowa, for the term commencing , 188. . = TT 4 TOTAL. Whole number of pupils enrolled Average number belonging Total attendance in days -. Average daily attendance. . . Total number of days absent Number of cases of tardiness Number neither absent nor tardy Number of pupils studying orthography Number of pupils studying reading Number of pupils studying writing Number of pupils studying arithmetic Number of pupils studying geography Number of pupils studying grammar Number of pupils studying physiology Number of pupils studying United States history. Whole number of days taught , Compensation of teacher per month , $ Average cost of tuition per month, for each pupil , & I hereby certify that the above report is correct. Teacher. NOTES, (a) The number beloiif/ing on any day is equal to the number enrolled less the number who have been absent more than three consecutive BLANKS FORMS. 107 whole days. To obtain the average number belonging for the term divide the sum of the numbers belonging for each day by the number of days the school has been taught. (b) To find the average daily attendance divide the total attendance in days by the number of days the school has been taught. (c) To find the average cost of tuition for each pupil per month divide the amount paid the teacher per month by the average daily attendance for the term. The above form will also serve for a monthly report to the county superin- tendent, in case he requests it. NUMBER 25. Form of Teacher's Certificate. [Sections 1766, 1767.] TEACHER'S CLASS CERTIFICATE. OFFICE OF COUNTY SUPERINTENDENT, ) county, Iowa, \ ,188.. \ This certifies that has passed an examination, as required by law, with the results hereto appended ; that, as far as known by me, possesses a good moral character, aptness to teach and ability to govern. I hereby authorize to teach in the public schools of county for a period of months from the date of this certificate. Per cent. Per cent Orthography Physiology Reading U. S. History. Writing Theory of teaching Arithmetic Practice of teaching Geography Grammar No County Superintendent. NOTE.- A certificate is valid only in the county where granted. 108 BLANK FORMS. NUMBER 20. Form for Monthly Report of Institute Fund. [Section 17G9.] MONTHLY REPORT or INSTITUTE FUND. Received from examination fees, for the month of , and paid to the treasurer of county, Iowa, as required by Chapter 57, Laws of 1S74, as amended by Chapter 04, Laws of ISIS. NAME OF APPLICANT. AMOUNT RECEIVED. NAME OF APPLICANT. AMOUNT RECEIVED. 1 2 i) 4 i C> 7 8 9 10 11 12 1" * .>" a "S 20 '0 rt-j .. i-i js ](\ ',7 'IS "0 1-1 V, 10 1 1 10 IT Ib 11 20 21 22 2o 2-1 2: 20 l<> 1 )- K 17 4b 40 ! . *0 -,1 1 Total s I hereby certify that the above report is correct. .. Iowa. County Superintendent. .1, 188. NOTES, (a) The monthly report and payment of institute fund required by section 1709 should be made on the first day of each month. (I) 15y the requirements of Chapter 54, of the Laws of 1S78, ono dollar should be paid by every applicant for a certificate. BLANK FORMS. 109 NUMBER 27. Form for Receipt of Institute Fund. [Section 1709.] RECEIVED OF ....................................... , superintendent of schools, ...................... county, Iowa, ..................... dollars institute fund. ........................ , Iowa. ............................ , ........ ............... 1,188.. County Treasurer. NUMBER 28. Form of Application for Teachers' Normal Institute, [Section 17CO, also 1584, Code.] OFFICE OF COUNTY SUPERINTENDENT, ) county, , 1SS.. f To tJie Superintendent of Public Instruction : From satisfactory evidence on file in this office, I hereby certify that not less than twenty teachers desire to assemble at , county, Iowa, on the day of , 188. ., for the purpose of holding a Teachers' Normal Institute, to remain in session for a period of weeks. I have appointed, subject to your approval, conductor, and , , , assistants, and hereby request your concurrence in said appointments. County Superintendent. 110 BLANK FORMS. NUMBER 29. Form for Report of Registration Fees, Institute Fund, [ Section 17C9.] REPORT OF INSTITUTE FUND. Received from registration fees of normal institute, held at commencing , 188. ., for a period of weeks, and paid to the treasurer of county, Iowa, as required by Chapter 57, Laws of 1874. NAME OF TEACHER. AMOUNT RECEIVED. NAME OF TEACHER. AMOUNT RECEIVED. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 10 17 IS 19 20 21 22 23 24 25 20 $ 07 $ >s 0() w S1 82 Is8 S4 T> 'W S7 ^S -W 10 11 '1 1S 11 1") 10 47 IS 10 r >0 ~>1 State appropriation Total $ I hereby certify that the above report is correct. , , Iowa. County Superintendent. BLANK FORMS. NUMBER 30. Form of Order on Institute Fund. [Section 1769.] OFFICE OF COUNTY SUPERINTENDENT, $ ...., county, ,188.. To , Treasurer of county. Pay to ., or order, dollars out of the institute fund, for as per bill No approved this day, as required by law, and on file in my office. No ...... , County Superintendent. NOTE. The county superintendent must pay to the county treasurer all moneys received for the institute fund, including the warrant for the state appropriation. He should not issue warrants for a greater amount than the funds in the hands of the county treasurer will pay off and satisfy. NUMBER 31. Form for Report of Teachers' Normal Institute. [Section 1769.] Report of Teachers' Normal Institute held at , , county, commencing on the day of , 188. ., and continuing weeks. INSTRUCTORS AND LECTURERS. TEACHERS. LECTURERS. Instructor 112 BLANK FORMS, ATTENDANCE. MALES. FEMALES. TOTAL. AVliole number enrolled Total .average attendance DR. INSTITUTE FUND. CK. On hand at date of last insti- ft INSTRUCTORS AND LECTURERS. c , 3 Examination fees received and paid to county treasurer. . . . Registration fees received and paid to county treasurer . . . i State appropriation received and paid to county treasurer. County appropriation received and paid to county treasurer. 3 3 ' .2 fc . '9 i Orders issued for inciden ,al Unexpended Total $~i ~l Total $ .. I hereby certify that the above report is correct. County Superintendent. NOTE. The report of the institute fund should show the total receipts and expenditures since the date of the last institute report. The debit column should contain the amount on hand as shown by the last institute report, plus all subsequent receipts. The credit column should contain the total amount expended since date of last report, plus the amount on hand at date of present report. The examination fees should be equal to as many dollars as there are applicants for certificates. The registration fees must equal the whole number enrolled. Give the total incidental expenses, making but one entry. The totals in the debit and credit columns should in all cases be equal. A duplicate of this report will be required as part of the annual report of the county superintendent ; it is, therefore, necessary that county superin, tendents preserve the items to make this report. BLANK FORMS. H3 NUMBER 82. Form for Revocation of Teachers? Certificate. [Section 1771.] OFFICE OF COUNTY SUPERINTENDENT, county, , 188. . To the Boards of School Directors in tlie county of and State of Iowa : WHEREAS, On the day of , 188. ., a certificate was issued authorizing to teach in the public schools of this county ; and, WHEREAS, Upon due examination, of which the said. received personal notice, and was permitted to be present and make defense, it appeared that the said in consequence of (here state the offense gross immorality, for example), is unworthy longer to retain the same. Now, therefore, in pursuance of the provisions of section 1771, of the school laws of the state of Iowa, the said certificate is hereby revoked, to take effect, from and after the date hereof. County Superintendent. NOTE. A copy of the above revocation should be transmitted to the sec- retary of eacli district, and the secretary should immediately notify each subdirector in his district of the fact. The teacher should also be served with a copy. NUMBER 33. Form for Certificate to the Board of Supervisors of the Tax Determined by the Board of Directors. [Section 1777.] ..* ,188.. To the Board of Supervisors of county, Iowa : I hereby certify that a tax of dollars was this day deter- mined by the board of directors of the district township of , in the county of and state of Iowa, for the contingent fund, and dollars for the teachers' fund, as provided in section 1777 of the Code. Secretary. 15 BLANK FORMS. NUMBER 34. Form for Certificate to the Board of Supervisors of Tax Voted by the Dis- trict Township. [Sections 1777, 1778.] ,188.. To the Board of Supervisors of county, Iowa : I hereby certify that at a meeting of the electors of the district township of , in the county of , and state of Iowa, held on the second Monday in March, 188. ., a tax of dollars was voted for school- house purposes ; and that this tax has been apportioned by the board of directors among the subdistricts as follows : Upon subdistrict No. 1, dollars. Upon subdistrict No. 2, dollars. Upon subdistrict No. 3, dollars. Upon subdistrict No. 4, dollars. Upon subdistrict No. 5, dollars. Secretary. NOTE. All school-house taxes voted by the district township electors, must be apportioned among the subdistricts. See section 1778. NUMBER 35. Form for Certificate of Tax Voted by a Subdistrict, and not Granted by the District Township Electors. [Section 1778.] I hereby certify that the electors of subdistrict No , in the district township of , at the last annual meeting, voted to raise the sum of dollars, for school-house purposes, more than was granted by the electors of said district township. .,188.. Secretary. NOTE. The subdistrict electors may vote a tax for school-house purposes and certify the same to the district township meeting. See Form No. 5. Whatever portion of this sum the township electors neglect or refuse to grant, must be certified to the board of supervisors to be levied directly upon the subdistrict making the request. See section 1778. BLANK FORMS. NUMBER 30. Form for Notice from the County Auditor of tlie Amount of Semi-annual Apportionment. [Section 17S2.] OFFICE OF COUNTY AUDITOR, county , 188.. To , P resilient of the District Township of Sir: You are hereby notified that according to the semi-annual appor- tionment made this day, as provided by section 17S1, Code, the sum of dollars is due the district township of in the county of , and state of Iowa, for which I hand you here- with my warrant on the county treasurer. County Auditor. NOTE. This warrant must be signed by the president and countersigned by the secretary of the board, to authorize payment of the amount named therein upon presentation by the district treasurer. NUMBER 37. Form of Certificate of Election of County /Superintendent. [Section 1783.] OFFICE OF COUNTY AUDITOR, , county, , 188.. I hereby certify that - was elected to the office of county superintendent, for the term commencing January ,188... Ilis post-office address is , Iowa. County Auditor. NOTE. This certificate should bo forwarded to the superintendent of pub- lic instruction immediately after the result of the election is officially deter- mined. 116 BLANK FORMS. NUMBER 38. Form for Certificate of Qualification of County Superintendent. [Section 17S3.J OFFICE OF COUNTY AUDITOR, , county, , 188. . I hereby certify that has duly qualified for the office of county superintendent, as required by sections C75 and 678, Code, for the term commencing January , 188. . His post-office address is , Iowa. County Auditor. NOTE. This certificate should be forwarded to the superintendent of pub- lic instruction as soon as the qualification and bond is filed in the office of the county auditor, after such bond has been approved by the board of supervisors. NUMBER 39. Form for Notice from County Treasurer of School Tax Collected. [Section 1785.] OFFICE OF COUNTY TREASURER, county, , 188 . . To , President of the Board of Directors of the District Township of : You are hereby notified that the amount now collected and due the dis- trict township of '. , in county, Iowa, is : $ school-house fund. $ contingent fund. $ teachers' fund. County Treasurer. NOTE. It is the duty of the county treasurer to notify the president of the board of each district, quarterly, of the amount collected for each school fund and pay it to the district treasurers on the warrant of the presidents, countersigned by the secretaries. On the first Monday in April of each year, the county treasurer also ren- ders a statement of the amount of taxes uncollected in each district town- ship. See section 1784. BLANK FORMS. The treasurer is required to pay over the amount of each fund collected monthly, to independent districts, on the order of the board. NUMBER 40. Form of Notice Permitting the Attendance of Pupils from Adjoining Districts. [Section 1793.] To ... : , Secretary of the Board of Directors of the District Township of : Notice is hereby given that and , , pupils residing in the district township of , have been granted permission by the board and county superintendent to attend school in subdistrict No , in the dis- trict township of , commencing on the day of 188. ., for a term of months. Dated at , '....,188 Secretary. NOTE. By Chapter 41, Laws of 1878, when the boards of district town- ships cannot agree on the attendance of scholars in adjoining districts, they may attend, if the other conditions of the law are f ulfilled, by permission o* the board where they wish to attend, and the consent of the county superin- tendent of the county where they reside, and tuition can bo collected only from date of the official notice. NUMBER 41. Form of Application for Appointment of Appraisers of School-house Site. [Section 1827.] To Superintendent of county, Iowa : In accordance with the action of the board of directors of the district town- ship of , you are hereby requested to appoint three disinterested persons to inspect, and assess the damages which the owner will sustain by appropriating for school purposes, the following 118 BLANK FORMS, described real estate, viz : Dated at ,188. President. Secretary. NUMBER 42. Form for Appointment of Appraisers of Site for School-liouse. [Section 1827.] To , and : You are hereby appointed and constituted a board of appraisers, under tho provisions of section 1827 of the Code of Iowa, to assess the damages which the owner will sustain by the appropriation for school purposes, of the fol- lowing described real estate, viz. : in subdistrict No , of the district township of , in tho county of , and state of Iowa, containing one aero of land. You will therefore, on the day of , 188. ., at o'clock M., proceed to examine the real estate above described, and assess, under oath, the cash damages which the owner will sustain by the appropriation of said land for school purposes, and imme- diately thereafter report to me in writing, the amount of said damages. Dated at , , , 188. . County Superintendent. Oath of Appraisers. We, and do solemnly swear that we will well and truly, and to the best of our ability perform all of the duties imposed upon us by the foregoing commission. Subscribed and sworn to before me by and , this day of , 188. . BLANK FORMS. 119 NOTE. Sufficient time must be allowed between the appointment of this commission and the time set for appraising the damages, to give the owner legal notice thereof. See note (a) to section 1S27. NUMBER 43. Form of Notice to Owner of Real Estate of Appointment of Appraisers. [Section 1827.] To , , county, Iowa: You are hereby notified that I have this day appointed appraisers to assess the damages which the owner will sustain by the appropriation, for school purposes, of the following described real estate, viz. : Said appraisers will meet at the above described real estate, on the day of , 188. ., at o'clock M., and assess said damages as provided by section 1827, of the Code of Iowa. Dated at , ,188.. . County Superintendent. NUMBER 44. Form for Report of Appraisement of Property for School Purposes. [Section 1827.] To , Superintendent of county, Iowa: We, the undersigned, having been appointed to appraise the damages which the owner will sustain by the appropriation, for school purposes, of the following described real estate, viz. : do hereby report, that we have on this day of , 1SS. . 120 BLANK FORMS. carefully examined said described real estate, and have appraised the damageo at dollars. Dated at 188.. > Appraisers. NUMBER 45. Form for Notice of Assessment of Damages. [Section 1827.] To , , county, Iowa: You are hereby notified that appraisers were appointed to assess the dam- ages which the owner would sustain by the appropriation for school pur- poses, of the following described real estate, viz. : and that said appraisers met at said premises on the day of , 188 .., and assessed said damages at dollars, as shown by their report on file in my office. Dated at , County Superintendent. NUMBER 40. Form for Affidavit of Appeal. [Section 1SGO.] STATE OF IOWA, \ Q _ county, J 5 v. \ DISTRICT TOWNSHIP or ) 1^ , being duly sworn, on oath say: that on the day of , A. D. 188. ., the board of directors of said district township rendered a decision (or made an order) whereby (Jier BLANK FORMS. 121 state facts showing affiant's interest in the decision, and the injury to that interest); that said board in rendering the decision (or making the order) aforesaid, committed errors as follows : (Here state the errors charged.) Subscribed and sworn to, by . . ; . . .before me, this. day of A. D. 188. . STATE OF IOWA, coun NUMBER 47. Form for Notice of Appeal. [Section 1S32.] ty.H v. \ DISTRICT TOWNSHIP OF ) To , Secretary of the Board of Directors of tfie District Township of. / You are hereby notiified that has filed in my office an affidavit alleging that said board of directors, on the day of A. D. 188. ., made a decision (or an order) whereby (liere describe the decision or order so that the secretary may identify it), and claiming an appeal there- from. You are therefore required within ten days after receiving this notice, to file in my office at , in said county, a complete transcript of the record of the proceedings of the board relating to said order, together with copies of all papers filed with you pertaining to said action appealed from. Dated at , .,188.. County Superintendent. 10 122 BLANK FORMS. NUMBER 48. Form of Certificate to District Secretary's Transcript. [Section 1832.] I, , secretary of the board of directors of tho district township of... in the county of , Iowa, hereby certify that the foregoing is a correct and complete transcript of t lie record of all proceedings of the board and of all papers filed relating to the case v Dated at , .,188.. Secretary. NOTE. The secretary's transcript will contain : 1. A copy of all that portion of the records of the proceedings of the meeting, relating to the action appealed from, with the date of the meeting. 2. A copy of each petition, remonstrance, plat, or other paper relating to said action, submitted to the board; to which will be annexed the above cer- tificate. NUMBER 40. Form for Notice of Hearing of Appeal. [Section 1833.] STATE OF IOWA, ) ^ county. v. DISTRICT Towxsnir OF. To : You are hereby notified that there is on file in this office a transcript of the proceedings of the board of directors of the district township of , at a meeting held on the day of 18$. ., in relation to (Jiere describe the decision or order appealed from), from \*hi<:h appeal has been taken; and that the said appeal will be heard before me at , in said county, on the day of ., 1S8. ., at o'clock M. Dated at '. , .,188.. County Superintendent. NOTE. The appellant, the president and secretary of ilic board, and other parties known to be interested, should receive a copy of this notice. BLANK FORMS. 123 NUMBEK 50. Form of Certificate to the County Superintendent's Transcript. [Sections 1832, 1S35.] I, , superintendent of county, Iowa, hereby certify that the foregoing is a correct and complete transcript of the records of all proceedings had, evidence given, and papers filed in my office, and my rulings thereon ; also of my decision in the case v Dated at , .,188.. County Superintendent. NOTES, (a) The date of filing every paper should be indorsed thereon ; also in the case of motions, all orders and rulings of the county superintendent All oral motions and evidence should be reduced to writing. (o) The transcript of the county superintendent will consist of a literal copy of every paper filed and all indorsements thereon, together with a copy of all evidence given ; the whole arranged in chronological order closing with the decision of the county superintendent in full, with the above certi- ficate annexed. See notes (c) and (d) to section 1834. INDEX- ACCOUNTS- District treasurer shall keep 1747 25 County superintendent should keep 1709 30 County auditor shall keep 1781 43 Secretary shall keep 1782 43 County treasurer shall keep. 1784 44 APPEALS AVho may take, and when taken 1829 04 Affidavit, basis of 1330 05 Affidavit shall set forth errors 1831 05 County superintendent to notify secretary 1832 05 Secretary to send up transcript 1832 05 Interested parties to be notified 1833 ^J5 Testimony heard and decision rendered 1834 CO To the superintendent of public instruction 1835 CO Judgment for money not to be rendered. 1830 07 Postage paid by party taking appeal 1830 07 BOARD OF DIRECTORS See also Independent Districts. Continue to act when district is divided 1715 5 Divide assets and liabilities 1715 5 Choose arbitrators in case of disagreement 1715 5 Call special meeting of electors, when 1717% 8 Consist of three subdirectors, when 1720 10 Enter upon duties at regular meeting in March 1721 10 Organize by electing the president from their own number. . 1721 10 Elect secretary and treasurer at September meeting 1721 10 Secretary and treasurer chosen outside the board, when 1721 10 Secretary and treasurer have no vote, when 1721 10 Hold regular meetings 3d Monday in March and September. . 1722 12 Special meetings called by president, or on request 1722 12 May hold meetings at any place in civil township 1722 12 Shall make contracts, etc., to execute vote of district 1723 12 Must consult superintendent before erecting school-house. . . . 1723 12 Advertise for proposals and make contract, when 1723 12 Require bond for performance of contract 1723 12 126 INDEX. T/T BOARD OF DIRECTORS CONTINUED Fix site for school-house 1704 14 Determine number of schools and their duration 1724 14 Create no subdistrict for less than Of teen of school age 1725 15 May rent room and employ teacher for five scholars 1725 15 May establish graded schools 1720 10 May select superintendent of schools of district. 1720 10 One or more schools taught in each subdistrict 1727 10 Required to provide a school in each subdistrict 1727 10 Must provide for at least six months' school 1727 10 County superintendent may release board from obligation. . . 1727 10 Not to change text-books oftener than once in three years. . . 1728 17 Electors may authorize board to change text-books 1728 17 May use unappropriated contingent fund to buy apparatus. . 1720 18 Contract no debts for apparatus 1729 18 Appoint temporary president and secretary 1730 18 Fill any vacancy in the board, or its offices 1730 18 Require secretary and treasurer to give bond 1731 19 Bonds to be filed with the president 1731 19 Examine accounts of treasurer and make settlement with him 1732 19 Present statement to district township meeting 1732 19 Audit and allow just claims 1733 19 Fix compensation of secretary and treasurer 1733 19 Draw no order until claim is audited and allowed 1733 19 Yisit schools of their district and aid teachers 1734 20 May discharge teacher after investigation 1734 20 Require secretary to certify election of school officers 1736 21 Make rules to govern subdirectors 1737 21 Majority a quorum 1738 22 Certify no tax after third Monday in May 1738 22 Majority vote required to change boundaries of subdistricts.. 1738 22 Receive no pay for official services 1738 22 May employ counsel, when 1740 23 Proceedings of, to be recorded by secretary 1741 23 Audit accounts presented by secretary 1743 24 May require statement from treasurer 1751 27 Limit subdirector in making contracts 1753 29 Responsible for township on contracts 1753 29 Must have languages taught, when 1703 33 County superintendent not to be a member of 1705 34 Estimate amount for teachers' and contingent funds 1777 40 Apportion school-house tax 1778 41 Satisfy judgment with order 1787 45 Member or member elect may administer official oath 1790 40 Must qualify on or before the third Monday in March 1790 46 Have no jurisdiction over independent districts 1792 46 INDEX. 127 6EO. PAOE. BOARD OF DIRECTORS CONTINUED May admit pupils from adjoining districts 1793 40 May, with consent of county superintendent, admit pupils.. . 1793 46 Notify board of adjoining district, when 1793 46 Fix terms of tuition, when 1794 43 Divide district into subdistricts, and change boundaries 179C 48 Cause description of subdistricts to be recorded 1796 48 May consent to attach territory to adjoining township 1797 49 May restore territory 1798 50 Must restore territory, when 1798 50 Establish boundaries of contemplated independent district.. . 1801 51 Give notice of election for directors 1802 52 May concur in change of boundaries 1809 55 Submit question of consolidated organization. . , 1814 57 Make settlement under sections 1814-1S19. ; 1820 60 Shall deposit amount of appraisement 1827 62 Shall pay costs of appraisement 1827 62 Provide for payment of bonds, (Chap. 132, Laws of 1878) 2 79 BOARD OF SUPERVISORS County superintendent not to be a member of 1765 34 Provide place for examination of teachers 1766 34 May appropriate sum for normal institute 1769 36 May grant county superintendent additional compensation. . 1776 40 Levy taxes for school funds 1777 40 Levy tax on subdistrict, when 1778 41 Levy county tax of from one to three mills 1779 42 Limits of taxes for school purposes 1780 43 Levy tax to pay money borrowed from school fund 1788 45 Shall not divide school district, when 1799 50 Levy tax for independent district just organized 1804 53 May submit question of establishing county high school 169S 71 Appoint trustees of county high school 1699 72 Fill vacancies in trustees of county high school 1711 74 Allow compensation of trustees 1712 74 Pay tuition of children in poor-house, (Chap. 166, Laws of 1878) 1 81 Levy tax to pay bonds, when, (Chap. 132, Laws of 1880) 6 86 BONDS- Required for performance of contract 1723 12 Secretary and treasurer to give 1731 19 Filed with president 1731 19 Independent districts may issue, for erection of school-house 1821 60 Rate of interest on 1821 60 Electors to vote on question of issue 1822 61 Denomination and time 1822 61 Treasurer to negotiate, at par 1822 61 Principal and interest, how paid 1823 61 128 INDEX. BONDS-CONTINUED- 8EO ' PAGB * Trustees of county high school must give 1C99 72 Treasurer of county high school give additional 1704 73 Treasurer of normal school must give, ( Chap. 129, Laws of 1876) 4 77 Trustees may require of other officers, (Chap. 129, Laws of 1870) 4 77 Any district may issue for judgment indebtedness, when, (Chap. 132, Laws of 1878) i 79 Form of, and other requirements, (Chap. 132, Laws of 1878) . . 1 79 Any district may issue for judgment indebtedness, when, (Chap. 51, Laws of 1880) 1 84 Form of, and other requirements, (Chap. 51, Laws of 1880). . . 1 84 Board of independent district may issue to refund, (Chap. 132, Laws of 1880) 1 85 Bate of interest and other conditions, (Chap. 132, Laws of 1880) 1 85 Treasurer to sell, (Chap. 132, Laws of 1880) 2 85 Time to run, (Chap. 132, Laws of 1880) 3 85 Form and other requirements, (Chap. 132, Laws of 1880) 4 86 Provisions for payment, (Chap. 132, Laws of 1880) 6 86 BOUNDARIES Of subdistricts may be changed 1796 48 Plat filed with county officers 1796 48 Of independent district may be changed 1809 55 Of independent districts, changed 1814 57 Of independent districts, changed, (Chap. 133, Laws of 1878). . 1 80 COMPENSATION Of secretary and treasurer 1733 19 Members of board may not have 1738 22 Of teachers 1757 31 Of county superintendent 1776 40 Of appraisers of site 1827 62 CONTRACTS Board to make, to execute vote of district 1723 12 Subdirector to make, under rules and restrictions 1753 29 When made by subdirector, must be approved by president. . 1753 29 Teachers', must be in writing 1757 31 Secretary or subdirector, and teacher to sign 1757 31 Approved by and filed with the president 1757 31 COUNTY AUDITOR Superintendent to file statement with, of time employed 1776 40 Make semi-annual apportionment 1781 43 Notify presidents of apportionment ; issue warrants for same 1782 43 Certify to election and qualification of county superintendent 1783 44 Report to auditor of state 1783 44 Deduct cost of tuition from semi-annual apportionment, when 1793 46 Record plat of districts 1796 48 INDEX. 129 8EO. FAGS. COUNTY HIGH SCHOOLS County with a population of 2,000 may establish 1697 71 Object 1697 71 Board of supervisors may submit question of establishing. . . 1698 71 Yotes, how canvassed , 1699 72 Board of supervisors appoint trustees 1699 72 County superintendent member of board 1699 72 Bond and oath of trustees 1699 72 When and how trustees are elected 1700 72 Terms of office of trustees 1700 72 County superintendent president of board 1701 72 Secretary and treasurer appointed from board. 1701 72 Trustees shall make estimate of funds needed 1702 72 Shall present estimate to board of supervisors 1702 72 Tax not to exceed two and five mills 1702 72 Tax to be paid to treasurer of county high school 1703 73 Treasurer, give additional bond 1704 73 Duties of treasurer 1704 73 Secretary and treasurer to keep account 1704 73 Statement to be made 1704 73 Board to select site for high school 1705 73 Site, to be without expense to county 1705 73 Board to make purchases, contracts, etc 1705 73 Board to employ teachers 1706 73 Model schools to be encouraged 1706 73 Tuition free to residents of county 1707 73 Apportionment of pupils 1707 73 Pupils from other counties may be admitted 1708 74 Rules and regulations for school 1709 74 Trustees to make annual report to board of supervisors 1710 74 Copy of report sent to superintendent of public instruction.. 1710 74 Board of supervisors may fill vacancies 1711 74 Compensation of trustees 1712 74 COUNTY SUPERINTENDENT Recommend plans for school-houses 1723 12 May release boards from obligation to have schools taught. . . 1727 16 May require teacher to record matters designated 1734 20 Notified when schools begin 1744 24 Receive annual report from secretaries 1745 24 Receive annual report from treasurers 1751 27 Grant certificate to teach foreign languages when required... 1763 33 Not to be a member or officer of board of directors 1765 34 Not to be a member or officer of board of supervisors 1765 34 Examine teachers last Saturday of each month 1766 3* Branches in which examination is made, specified 1766 34 17 130 INDEX. SE ' COUNTY SUPERINTENDENT CONTINUED May have assistant examiners ........................... ____ 176(5 34 May give certificate for special branches ..................... 1700 34 Give certificate, if examination is satisfactory. . . ............ 1707 35 Examinations must be public. . . . ............................ 1708 so Keep record of examinations ................................ 1703 35 Hold normal institute annually .............................. 1709 30 With concurrence of state superintendent procure assistance 1769 36 Require registration fee .......... ........................... 1709 30 Require fee from every applicant for certificate .............. 1709 36 Transmit moneys to county treasurer ....................... 1709 30 Make report to county treasurer ................ ............. 1709 30 Issue orders upon institute fund ............................. 1709 30 May appoint deputy, who cannot visit schools or try appeals. 1770 38 May revoke certificate of teacher ............................ 1771 33 Give personal notice of investigation ........................ 1771 33 Make annual report to superintendent of public instruction. . 1772 39 File statement of number of youth with county auditor ...... 1772 39 Penalty for failure to file reports ............................ 1773 39 Conform to instructions of superintendent public instruction 1774 39 Visit schools at least once in each term ...................... 1774 39 Report the blind, and deaf and dumb ........................ 1775 40 Compensation of ............................................ 1776 40 File statement of time employed ........................ ____ 1776 40 Attach territory to another township, when. . ............... 1797 49 Appoint appraisers and give notice to owner of land ......... 1827 02 Notify secretary to file transcript ........................... 1832 05 Notify interested parties .................................... 1833 65 Hear testimony and decide appeal ........................... 1834 66 ;Make provisions for institutes. ... .......................... 1584 09 ;Member of board trustees county high school ............... 1699 72 President of board trustees county high school ...... ......... 1701 72 :Sex not a bar to office, (Chap. 136, Laws of 1876) ........... . . 1 79 COUNTY TREASURER- Disburse institute fund on order of county superintendent. . . 1769 36 Pay over all taxes collected, on first Monday in April ........ 1784 44 Render statement of taxes uncollected ....................... 1784 44 Pay over taxes quarterly ..................................... 1784 44 Keep school-house tax separate for subdistrict, when ........ 1784 44 Keep separate account with independent districts ........... 1784 44 Pay taxes collected, to independent districts monthly ........ 1784 44 Xotif y presidents quarterly, of tax collected for each fund. . . 1785 45 Pay taxes to district treasurers on warrants ................. 1785 45 Pay treasurer of county high school taxes collected ........ 1703 73 INDEX. 8KO, PAQE. DECISION- Of board may be appealed from 1829 64 Of county superintendent final unless appealed from 1834 66 Of superintendent of public instruction final 1835 66 DISTRICT TOWNSHIPS Each civil township a school district 1713 5 When left without officers, how supplied 1714 5 When divided, board to continue to act until next election... 1715 5 Respective boards divide assets 1715 5 Arbitrators chosen in case of disagreement '1715 5 Division of assets when independent districts are formed 1715 5 Corporate name. : . . . 1716 7 Hold annual meeting 1717 7 Hold special meeting 1717> 8 Suit to be brought in name of 1731 19 Claims against, audited by board 1733 19 Bring suit if secretary fails to make annual report. . , 1746 25 Bring suit if treasurer fails to make annual report 1751 27 Liable for tuition in certain cases 1793 46 May be consolidated and organized as independent districts.. 1814 57 May be formed from independent districts 1815 58 DISTRICT TOWNSHIP MEETING Held annually on the second Monday in March 1717 7 May appoint chairman and secretary 1717 7 Direct sale of district property. 1717 7 Determine additional branches 1717 7 Delegate foregoing powers, 1717 7 Vote tax for school-houses, sites, and libraries 1717 7 Transfer surplus school-house funds 1717 7 Yote of, executed by board 1723 12 May authorize board to change text-books 1728 17 Statement to be presented at, by board 1732 19 Five notices, stating hour, posted by secretary 1742 24 Copy of notice furnished to teachers 1742 24 May vote concerning control of school-house. . . 1753 29 May vote that foreign languages be taught 1763 33 Vote tax to pay judgment and other liabilities 1787 45 Not to organize before 9 A. M. nor adjourn before 12 M 1789 45 ELECTION- Special for directors 1714 5 For subdirectors 1718 9 To form new district ... 1801 51 For directors 1808 54 For voting bonds 1822 61 For establishing county high school 1698 71 Of trustees for county high school 1700 72 13 2 INDEX. SEC. PAGE. FEE Paid by every one attending institute 1769 36 Paid by every applicant for certificate 1769 36 FINES AND PENALTIES Of district secretary, for failure to report 1746 25 Of district treasurer, for failure to report 1751 27 Of county superintendent, 1'or failure to report 1773 39 To whom they shall inure 1786 45 Suit brought in name of district, when 1786 45 Suit brought in name of county, when 1786 45 Suit brought by district attorney, when 1786 45 Added to fund next used 1786 45 For misapplication of money, etc 1791 46 Of director, for failure to make statement 1813 57 FOKMS See Index to Forms. FUNDS- School-house, contingent, and teachers', defined. 1748 26 Separate account with each, to be kept by treasurer 1748 26 Fund and object must be specified in order 1748 26 Teachers', and contingent, amount for, estimated by board. . . 1777 40 Amount levied for school-house fund not to exceed ten mills 1780 43 Amount for contingent fund, not to exceed $5 per scholar. . . 1780 43 Amount for teachers' fund, not to exceed $15 per scholar 1780 43 $75 may be levied for contingent fund, for each subdistrict. . 1780 43 $270 may be levied for teachers' fund, for each subdistrict. . . 1780 43 Permanent, interest on, apportioned 1781 43 Secretary to keep separate account with each 1782 43 GENERAL PROVISIONS- School month defined. . . ' 1761 33 Schools closed during teachers' institute 1762 33 Electors may vote that foreign languages be taught 1763 33 Schools must be taught in English 1763 33 Bible not to be excluded from schools 1764 34 Pupils not required to read Bible contrary to wish of parents 1764 34 INDEPENDENT DISTRICTS Organized prior to September 1, 1873, to continue 1713 5 Left without officers, trustees call election 1714 5 Assets and liabilities divided when boundaries are changed .. 1715 5 Corporate name of 1716 7 Majority of board and president may dismiss pupils 1735 21 Tax for, county treasurer to pay over monthly 1784 44 Polls to remain open from 9 A. M. to 4 p. M., when 1789 45 City, town or village containing 200 inhabitants may organize 1800 50 Directors of district township to establish boundaries 1801 51 INDEX. 133 SEC. PAGE. INDEPENDENT DISTRICTS CONTINUED Electors to vote for or against separate organization 1801 51 Term of office of directors, determined by lot 1802 52 Board to elect president 1802 52 Board to elect secretary and treasurer in September 1802 52 Board to consist of three members, when 1802 52 Treasurer of board of three may not be member 1802 52 Must be completely organized before the first of August 1804 53 Taxes levied by district township to be void, when 1804 53 Board to levy taxes, when 1804 53 When formed from two or more townships, who give notice 1805 53 Governed by laws for district townships, when applicable 1806 54 Electors may vote tax for erection of school-house, etc 1807 54 Annual meeting of 1808 54 Election of officers 1808 54 Who are judges of election ; 1808 54 Boundaries between, and district township, may be changed, how 1809 55 Board of, to set off territory, when 1810 55 May consolidate 1811 56 Former district may be reorganized 1812 56 Board make statement of receipts and disbursements 1813 57 Board publish statement, when 1813 57 Board post statement, when 1813 57 Board liable to penalty for failure to make statement 1813 57 District township may become independent 1814 57 Independent districts may be constituted district township . . 1815 58 Election to be called 1816 59 Independent districts become subdistricts. . 1817 59 Elect subdirectors on first Monday in March 1818 59 Governed by laws for district townships 1819 60 New board to make settlement of assets and liabilities 1820 60 May borrow money by issuing bonds 1821 60 Board to submit question of issuing bonds to electors 1822 61 . Board to issue bonds in accordance with vote of electors 1822 61 Bonds signed by president and attested by secretary 1822 61 Denomination and time of bonds 1822 61 Board vote tax to pay bonds if electors neglect 1823 63 Orders draw legal interest after presentation 1824 61 Board may provide for industrial expositions, (Chap. 64, Laws of 1874) 1 75 May issue bonds to fund judgment indebtedness, (Chap. 132, Laws of 1878) ........... i 79 May subdivide, or have territory detached, (Chap. 133, Laws of 1878) 1 80 Of 15,000, have separate polling places, (Chap. 8, Laws of 1880) 1 82 Questions submitted decided by ballot, (Chap. 8, Laws of 1880) 2 82 ] 34 INDEX. SEO. PAGE. INDEPENDENT DISTRICTS CONTINUED Notice of election, how given, (Chap. 8, Laws of 1880) 4 82 Board of, may issue bonds to fund judgment indebtedness, (Chap. 132, Laws of 1880) 1 85 Levy of tax for payment of bonds, (Chap. 132, Laws of 1880) . . 6 80 INDUSTRIAL EXPOSITIONS (Chap. 64, Laws of 1874). Board provide for, in each school if deemed expedient 1 75 Consist of what 2 75 Pupils to explain mode of manufacture or culture 3 75 Parents and friends may attend 4 75 Ornamental work encouraged 5 75 When and where held 6 75 JUDGMENT Against district, how paid 1787 46 Bonds may be issued to pay judgment indebtedness, (Chap. 132, Laws of 1878) 1 79 Bonds issued to refund judgment indebtedness, (Chap. 51, Laws of 1880) 1 84 Bonds issued to fund bonded indebtedness, (Chap. 132, Laws of!880) 1 85 LAWS- Relative to schools to be furnished 1579 68 Relative to schools to be sold 1579 68 LIABILITIES- Boards to make division of 1715 5 LIBRARY Electors may vote to purchase 1717 7 Electors may vote to buy library and apparatus 1807 54 MAPS May be purchased by board 1729 18 MISCELLANEOUS- Fines and penalties, disposition of 1786 45 Judgment, how satisfied , 1787 45 District township meeting vote tax to pay judgment 1787 45 Money borrowed from school fund, how paid 1788 45 Meeting not to organize before 9 A. M., nor adjourn before 12 M. 1789 45 Polls remain open from 9 A. M. to 4 p. M., when 1789 45 Director, or director elect, may administer official oath 1790 46 Penalty for misapplication of money, etc 1791 46 District T wp. board have no control over independent districts 1792 46 Children may attend school in adjoining district, when 1798 46 Board to fix terms of attendance, when 1794 48 Pupils may attend school in another subdistrict 1795 48 Board may divide district township into subdistricts 1796 48 INDEX. 135 SEO. PAGE. MISCEL LANEOUS CONTINUED Plat showing changes in boundaries must be filed 1796 48 Subdistrict boundaries conform to congressional lines 1796 48 Changes in boundaries, take effect, when 1796 48 Superintendent may attach territory to another township, when 1797 49 Territory may be restored, how 1798 50 School district not to be divided, when 1799 50 MONTH Of what school month consists 1761 33 NAME Of school district 1716 7 Shall be given, (Chap. 133, Laws of 1878) 4 81 May be changed, (Chap. 133, Laws of 1878) 4 81 NORMAL SCHOOL See State Normal School. ORDERS When drawn. 1733 19 How drawn : 1739 22 Partial payment on 1748 26 May draw interest, when 1824 61 PENALTIES See Fines and Penalties, PRESIDENT Chosen from the subdirectors 1721 10 Call special meetings of board 1722 12 Temporary, may be appointed 1730 18 Vacancy in office of, filled by board 1730 18 To file bonds of secretary and treasurer 1731 19 Bring suit on bond of secretary or treasurer, when 1731 19 Concur with majority in expelling pupils 1735 21 Preside at meetings of board and of district township 1739 22 Draw drafts on county treasurer 1739 22 Sign orders on district treasurer 1739 22 Sign all contracts made by board 1739 22 Appear for district in suits 1740 23 Secretary appear, when 1740 23 Counsel may bs employed 1740 23 Approve contracts of subdirectors 1753 29 Concur with subdirector in dismissing pupil 1756 30 Approve and file teachers' contracts 1757 31 Sign warrant for semi-annual apportionment 1782 43 Certify to account for tuition filed with auditor 1793 46 Sign district bonds .1822 61 136 INDEX. SEO. PAGE. PUPILS- Attend school where, determined by board 1725 15 Fifteen, required for creation of subdistrict 1725 15 Teacher may be employed to teach five 1725 15 Legal age of 1727 16 Enumerated by subdirector 1755 30 Dismissed by subdirector and president 1756 30 May be re-admitted 1756 30 Kegister of attendance, etc., when kept separate 1759 32 Not required to read Bible contrary to wish of parent 1764 34 Attend school in an adjoining district, when 1793 45 Temporarily sojourning, may attend school 1794 48 Board to fix terms of attendance, when 1794 43 May attend school in another subdistrict 1795 48 RECORDS- Secretary to keep 1741 23 REGISTER Teacher to keep 1759 32 REGULATIONS For control of schools and teachers 1726 16 For government of subdirectors 1737 21 REPORTS Copies of, to be preserved by secretary 1741 23 Secretary to make annually 1745 24 Treasurer to make annually 1751 27 Subdirector to make to secretary 1755 30 Made to superintendent of public instruction by county super- intendent 1772 39 Of blind, and deaf and dumb, by county superintendent. . . . 1775 40 Of interest on permanent school fund 1783 44 SALE OF PROPERTY- May be directed by electors 1717 7 SCHOLARS See Pupils. SCHOOL LAWS- To be furnished school officers 1579 66 To be sold by county auditor 1579 68 SCHOOL MONTH- Consists of what 1761 33 SCHOOLS Number of, determined by board 1724 14 Duration of, beyond legal period 1724 14 Graded, may be established. . . 1726 16 One or more taught in each subdistrict 1727 16 Duration of . . . 1727 16 INDEX. 137 SEO. PAGE. SCHOOLS CONTINUED Superintendent may allow board to reduce the time 1727 16 Visited by board of directors 1734 20 Pupils may be expelled from 1735 21 Subdirector shall visit twice during each term 1756 30 Teacher of, must have certificate 1758 32 School month denned 1761 33 Bible not to be excluded from 1764 34 Visited by county superintendent 1774 39 May be attended by pupils from adjoining district, when 1793 46 SCHOOL-HOUSES Plans for, recommended by county superintendent 1723 12 Built or repaired by contract if cost exceed $300 1723 12 Proposals to build, invited by advertisement 1723 12 Contracts let to the lowest responsible bidder 1723 12 Site of, fixed by board 1724 14 Contracts for iv^dirs made by subdirector 1753 29 Under control of subdirector unless otherwise ordered 1753 29 SCHOOL-HOUSE SITES- Lawful for district to take 1825 62 Not to exceed one acre without consent of owner 1825 62 Must be on highway 1826 62 Not within forty rods of residence, if owner objects 1826 62 County superintendent to appoint appraisers 1827 62 County superintendent to give notice to owner 1827 62 Appraisers to assess damages and make report 1827 62 Board to deposit money with the county treasurer 1827 62 Either party may appeal to circuit court 1827 62 Title acquired for school purposes only 1828 64 SCHOOL OEDEES Not drawn until claim is audited 1733 19 Signed by the president 1739 22 Fund and object must be specified in 1739 22 Secretary to countersign and register 1741 23 Transcript of, must be furnished to treasurer 1741 23 Must specify fund and purpose 1748 26 Treasurer to register 1750 27 Given to satisfy judgment. . . 1787 45 Draw lawful interest after presentation 1824 61 SECEETAEY- Give notice of subdistrict election, when 1718 9 Draw for absent member in case of a tie 1719 10 Elected on third Monday in September 1721 10 Qualify and enter on duty within ten days 1721 10 Chosen from township at large, when 1721 10 Have no vote unless member of board 1721 10 18 INDEX - SEO. PAOE- SECRETARY CONTINUED Temporary, may be appointed ............................... 1730 18 Vacancy in the office of, filled by board ...................... 1730 18 Give bond ................................................... 1731 19 Compensation of, fixed by board ............................. 1733 19 Report names of school officers to county officers ............. 1736 21 Appear in suits, when ..................................... 1740 23 Record all proceedings of board .............................. 1741 23 Preserve copies of all reports ................................ 1741 23 File all official papers ............. ........ . ................. 1741 23 Countersign and register drafts and orders ......... . ........ 1741 23 Furnish district treasurer with transcript of orders .......... 1741 23 Post five notices of district township meeting ................ 1742 24 Notices to state hour of meeting ............................ 1742 24 Present accounts to board to be audited ...................... 1743 24 Notify superintendent when each school begins .............. 1744 24 Make annual report to county superintendent ............... 1745 24 Penalty for failure of, to report .............................. 1746 25 Certify amounts for school funds ............................ 1777 40 Countersign warrants for semi-annual apportionment ....... 1782 43 Debit and credit treasurer ................................... 1782 43 File account of tuition, when ................................ 1793 40 Deliver plat to county treasurer and auditor ................ . 1796 48 Record order of county superintendent and correct plat, when 1797 49 Chosen outside the board, when ............................. 1802 52 Act as judge of annual election .............................. 1808 54 Draw for absent member, in case of tie vote ................. 1808 54 Post notices of election ...................................... 1811 56 Send up transcript ........................................... 1832 65 SEX (Chapter 136, Laws of 1876.) Not a test of eligibility to school offices ...................... 1 79 No person deprived of school office by reason of sex .......... 2 79 STATE NORMAL SCHOOL (Chapter 129, Laws of 1876.) Object and location ......................................... 1 76 Controlled by board of directors ............................. 2 76 Vacancy in board filled by governor .............. m ......... 2 76 Officers of the board, and compensation ...................... 3 76 Officers to give bond ......... . ............................... 4 77 Teachers employed by board ................................. 5 77 Property and funds controlled by board ............... ....... 5 77 Rules for management of school made ....................... 5 77 Provide for admission of teachers ...... ..................... 5 77 Arrange for board of teachers .............................. 5 77 Require fee for contingent expenses ....................... . 5 77 Session must continue twenty-six weeks ..................... 5 77 Board may charge tuition fee ................................ 5 77 Report made each year ...................................... 9 78 INDEX. 139 BEG. PAGE. STATE UNIVERSITY Object and location ' 1585 70 Course of study, where to commence 1585 70 Students not having completed elementary branches not ad- mitted ' 1585 70 No religious denomination to control 1586 70 Governed by board of regents 1587 70 Governor, president of th board 1587 70 Superintendent public instruction and president university members of board 1587 70 General assembly elect a member from each congressional dis- trict 1587 70 Departments determined by board of regents 1589 70 Include collegiate, scientific, law, and other departments 1589 70 Board may confer degrees 1589 70 Enact laws for government of university 1596 70 Appoint president, prof essors and tutors. 1596 . 70 Determine salaries of officers 1596 70 May purchase apparatus, library, etc 1597 71 All specimens collected by state geologist to belong to state. . 1598 71 President to report to board of regents 1600 71 Board to report to superintendent of public instruction 1601 71 SUBDIRECTOR- Special election of 1714 5 Elected annually first Monday in March in each subdistrict . . 1718 9 Give notice of subdistrict election 1718 9 One, elected from the district at large, when 1720 10 Vacancy in office of, filled by board 1730 18 Governed by rules made by board 1737 21 Take oath 1752 28 Office vacant in case of failure to qualify 1752 28 Make contracts under restrictions of board 1753 29 Have control of school-house 1753 29 Contracts must be approved by president- 1753 29 Take enumeration of children 1754 30 Make annual report to secretary 1755 30 May dismiss pupils with concurrence of president 1756 30 Shall visit schools twice during each term 1756 30 Authorized to administer official oath 1790 46 Qualify on or before third Monday in March 1790 46 When superseded deliver up books, etc 1791 46 Penalty for misapplication of money, etc 1791 46 May consent that pupils attend school in another subdistrict 1795 48 Elected for new subdistrict, when 1796 48 No person ineligible to office by reason of sex, (Chap. 136, Laws of J 876) 1 79 140 INDEX. SEO. PAGE. SUBDISTRICTS Embracing whole district elect three subdirectors 1720 10 If but two subdistricts in township, subdirectors chosen, how 1720 10 Board determine number of schools taught in each 1724 14 One or more schools taught in each 1727 16 Rule of taxation on, for school-house purposes 1778 41 Pupils may attend in another 1795 48 Plat of, to be made 1796 48 May be formed from independent districts 1817 59 Hold meeting to elect subdirector, on first Monday in March 1818 59 SUBDISTRICT BOUNDARIES Vote of majority of board required to change 1738 22 Established and changed by board 1796 48 Conform to congressional lines 1796 48 Changes in, to take effect, when 1796 48 SUBDISTRICT MEETING Held annually first Monday in March 1718 9 Five days' notice of, given by subdirector 1718 9 Three notices stating hour, posted 1718 9 Chairman and secretary act as judges of election 1719 10 Three subdirectors elected, when 1720 10 A subdirector chosen in each subdistrict and one at large, when 1720 10 Judges of election canvass votes for subdirector at large 1720 10 Not to organize before 9 A. M., nor adjourn before 12 M 1789 45 Held on first Monday in March. 1818 59 SUPERINTENDENT OF PUBLIC INSTRUCTION- Approve appointment of institute instructors 1769 36 May entertain appeals from county superintendent 1835 66 Give thirty days' notice to county superintendent 1835 66 Like notice to adverse party 1835 66 Decision shall be final 1835 66 Shall not render judgment for money 1836 67 Receive no additional compensation for determining appeals 1836 67 Charged with supervision of schools and superintendents 1577 68 May meet county superintendents in convention 1577 68 Attend teachers' institutes when practicable 1577 68 Render written opinion to school officers. .. 1577 68 Determine cases of appeal 1577 68 Office at seat of government 1578 68 File all papers, documents, etc 1578 68 Keep fair record of matters in office 1578 68 Publish and distribute amendments to school laws 1579 68 Prepare and distribute form of teachers' certificates 1579 68 Other blank forms 1579 68 May subscribe for Iowa School Journal 1581 69 INDEX. 141 SEO. PAGE. SUPERINTENDENT, ETC. CONTINUED Furnish copies of same to county superintendents 1581 69 Publish decisions in Iowa School Journal 1581 69 Report number of children to auditor of state 1582 69 Have report printed and presented to general assembly 1583 69 Appoint teachers' institutes 1584 69 Transmit funds appropriated, to county superintendent 1584 69 TAXES Board not to certify after third Monday in May 1738 22 For teachers' and contingent funds determined by board 17*77 40 Certified by secretary to board of supervisors 1777 40 Board of supervisors to levy for school funds 1777 40 School-house, to be apportioned 1778 41 Excess levied upon subdistrict, when 1778 41 Fifteen mills may be levied, when 1778 41 One to three mills county tax to be levied 1779 42 Receivable only in cash 1779 42 Limits of, for school purposes 1780 43 Paid to district township treasurer quarterly 1784 44 Paid to independent districts monthly 1784 44 Are void, when 1804 53 All taxes determined by board of directors, when 1804 53 Determined before third Monday in August, when 1804 58 Certified before first Monday in September, when 1804 53 Board of supervisors levy for independent districts 1804 53 Of mills voted, when, (Chapter 6 1, Laws of 1874) 1 76 TEACHERS Keep list of pupils showing attendance, etc 1734 20 May be discharged by board .' 1734 20 Subdirector or secretary makes contracts with 1757 31 Contracts must be in writing 1757 31 President must approve and file contract 1757 31 Not to be employed without certificate 1758 32 Keep daily register 1759 32 Keep separate register for non-resident pupils 1759 32 File certified copy of register with secretary 1760 33 Regular examination of, last Saturday in each month 1766 34 Satisfy county superintendent regarding moral character 1767 35 Certificate cannot exceed one year 1767 35 Examination of, to be public 1768 36 Pay fee on application for examination 1769 36 Pay registration fee 1769 36 Certificate of, may be revoked 1771 38 Shall have personal notice of charges preferred 1771 38 Of county high school, by whom selected ... 1706 73 142 INDEX. TEACHERS' NORMAL INSTITUTE Shall be held annually in each county 17C9 80 Aided by state appropriation 1584 69 TEXT-BOOKS- Board may adopt 1728 17 May be changed after three years 1728 17 Electors may authorize board to change sooner 1728 17 TIE VOTE For subdirector determined by lot 1719 10 For director determined by lot 1808 54 TRANSCRIPT Secretary notified to send on appeal 1832 65 TREASURER Chosen outside board, when 1721 10 nave no vote unless member of board 1721 10 Vacancy in office of, filled by board 1730 18 Give bond 1731 19 Accounts of, examined by board 1732 19 Compensation of, fixed by board 1733 19 Hold all moneys belonging to district 1747 25 Pay funds on order of president, countersigned by secretary. 1747 25 Keep account of moneys received and paid out 1747 25 Keep separate account with each fund 1748 26 Pay no order which does not specify fund and object 1748 26 Make partial payments on orders 1748 26 Receive money apportioned to district 1749 27 Receive district school tax 1749 27 Register orders 1750 27 Render statement of finances 1751 27 Make annual report to board of directors 1751 27 Make annual report to county superintendent 1751 27 Penalty for failure to report 1751 27 Draw semi-annual apportionment on warrant 1782 43 Receive moneys for district township quarterly 1784 44 Receive moneys for independent district monthly 1784 44 Chosen outside board, in all independent districts 1802 52 Negotiate bonds 1822 61 Countersign bonds when negotiated 1822 61 Charged with bonds delivered to him 1822 61 Of county high school 1701 72 Of county high school, duties of 1704 73 Of state normal school (Chapter 129, Laws of 1876) 3 76 Of state normal school, duties of (Chapter 129, Laws of 1876). 4 77 To sell bonds, when (Chapter 132, Laws of 1880) 2 85 Keep record of parties purchasing bonds (Chapter 132, Laws of 1880) : 3 85 Charged with bonds delivered to him (Chap. 132, Laws of 1880) 5 SO INDEX. 143 8EO. PAGE. TUITION Of pupils from other districts, how paid 1793 46 Of non-residents, fixed by board 1794 48 At county high school free, when 1707 73 Of scholars from other counties at county high school 1708 74 At state normal school (Chapter 129, Laws of 1876) 5 77 VACANCY- Filled by special election, when 1714 5 Filled by appointment, when 1730 18 VISITATION OF SCHOOLS- By board of directors 1734 20 By subdirector 1756 30 By county superintendent 1774 39 INDEX TO FORMS. NO. PAOBf Proceedings of district township meeting 1 87 Notice for annual meeting in subdistricts 2 88 Proceedings of annual subdistrict meeting 3 88 Certificate of election of subdirector 4 89 Certificate of tax voted by subdistrict meeting 5 90 Proposals for the erection (or repair) of school-house 6 90 Contract for building school-house 7 90 Bond for performance of contract 8 92 Certificate of appointment of school officers 9 93 Bond of secretary or treasurer 10 93 Certificate of the election of officers of the board 11 94 Draft on county treasury 12 95 Order on district treasury 13 95 Lease 14 96 Deed 15 96 Order register of secretary and treasurer 16 98 Notice of district township meeting 17 98 Treasurer's account with teachers' fund 18 99 Report of secretary 19 100 Report of treasurer 20 101 Contract between subdirector and teacher 21 103 List heads of families and children, kept by subdirectors 22 104 144 INDEX. NO. PAGE. Teacher's daily register of attendance 23 105 Teacher's term report to district secretary 24 106 Teacher's certificate 25 107 Monthly report of institute fund 26 108 Receipt of institute fund 27 109 Application for teachers' normal institute. . . 28 109 Report of registration fees, institute fund 29 110 Order on institute fund 30 111 Report of teachers' normal institute 31 111 Revocation of teacher's certificate 32 113 Certificate to supervisors of tax determined by the board of directors 33 113 Certificate to supervisors of tax voted by district township. . 34 114 Certificate of tax voted by a subdistrict, not granted by the district township electors 35 114 Notice from the county auditor of semi-annual apportionment 36 115 Certificate of election of county superintendent 37 115 Certificate of qualification of county superintendent 38 116 Notice from county treasurer of school tax collected 39 116 Notice permitting attendance from adjoining districts 40 117 Application for appointment of appraisers of site 41 117 Appointment of appraisers of school-house site 42 118 Notice to owner of real estate of appointment of appraisers. 43 119 Report of appraisement of property for school-house purposes 44 119 Notice of assessment of damages 45 120 Affidavit of appeal 46 120 Notice of appeal 47 121 Certificate to district secretary's transcript 48 122 Notice of hearing of appeal 49 122 Certificate to the county superintendent's transcript 50 123 YC 53872. /880