LIBRARY OF THE UNIVERSITY OF CALIFORNIA Gl FT OF Class ' T M F * JL JL JL JLj SCHOOL LAWS OF NEBRASKA AS REVISED AND AMENDED IN 1907 WITH EXPLANATORY NOTES, CITATIONS, SUPREME COURT DECISIONS, AND OFFICIAL DECISIONS OF THE STATE SUPERINTENDENT ....FOR THE.... USE OF SCHOOL OFFICERS BY J. L. McBRIEN Superintendent of Public Instruction LINCOLN, NEBRASKA 1907 PREFACE This volume is public property. It is to be kept in the custody of the school officers and produced by them at all meetings of the district for consultation by the voters, and must be delivered to their successors in office. One copy only is furnished each school district. The new laws have been incorporated under appropriate subdivisions and properly indexed so that little difficulty need be experienced in finding them. The rural high school law, which is so cumbersome and impractical ble, has for these reasons been omitted from this publication. Subdi- vision 14a relating only to South Omaha, subdivision 17 relating only to Omaha, subdivision 19 relative to the university, subdivision 20 on ducational corporations, and subdivision 21 on school lands and funds have been omitted on account of their dealing with questions not com- mon to the general public. Public economy also demands the omission of these subdivisions from this publication. For the same reasons one or two other miscellaneous laws have been omitted. The main subject of each section has been printed in bold faced type as a matter of convenience for reference. The most important supreme court decisions relating to school matters and official decisions of this department have been added. It is hoped that these features will commend this edition to all who may have occasion to use it. J. L. McBRIEN, Superintendent of Public Instruction. BUSINESS CALENDAR I. DISTRICT MEETINGS. page 1. Time of holding (annual meeting) last Monday of June 20 2. Place of holding (a) In schoolhouse, it*there be one, or, (b) In some other suitable place in the district. 3. Special meeting 20 (a) By whom and how called. (b) Object of meeting must be stated. (c) Fifteen days notice necessary 21 4. Notice of meeting 21 a) Posted in three public places in the district. b) Posted fifteen days before date of meeting. c) State the day, hour, and place of meeting. (d) Must so state, if change of site or levy for building will be considered. 5. Qualifications of voters at district meetings 21 (a) The voter (man or woman)must be twenty-one years of age. (b) The voter (man or woman) must have resided in the dis- trict for a period of forty days immediately preceding the meeting. (c) The voter (man or woman)must be the owner. of real estate in the district, or must own personal property that was assessed in his (or her) own name at the last annual assess- ment, or must have children of school age residing in the district. (d) Challenge. 6. Business that may be transacted only at an annual district meeting 22 (a) Change the location of schoolhouse site. (b) Determine the amount of money required. 1. For maintenance the ensuing year (not to exceed 25 mills ) 23 2. For free high school fund in accordance with itemized estimate of county superintendent 42 (c) Determine the number of mills (not exceeding ten) on the dollar of assessed valuation to be expended for building, purchase, or lease of schoolhouse, when there are no bonds voted for such purposes 24 (d) Give directions for the expenditure of the building fund 24 (e) Determine the length of time school shall be taught in the district the ensuing year, subject to the provisions of sec- tion 14, subdivision 2; and whether the money apportioned or voted for the support of the school therein shall be ap- plied to the winter or summer term or a certain portion to each 25 (f ) Regular election of necessary officers must be by ballot. (Officers can be elected at special meetings only to fill va- cancies) 27 (g) Require the director to present an itemized estimate of the amounts necessary to be expended during the ensuing year for all purposes, also a statement of all orders drawn on the county treasurer and on the district treasurer 32 6 SCHOOL LAWS OF NEBRASKA; (h) The minutes of the meeting should be read, corrected (if necessary), and approved by a vote of the meeting. The minutes must contain a clear statement of every item of business transacted at the meeting 32 7. Business that may be transacted at either an annual or special dis- trict meeting. (a) Adjourn for the purpose of designating schoolhouse site 22 (b) Direct purchasing or leasing of an appropriate site 22 (c) Direct building, hiring, or purchasing a schoolhouse 2S (d) Transfer money from one fund of the district to another, after the purpose for which it was raised has been ac- complished, and after all debts for which the fund is lia- ble have been discharged 24 (e) Direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the district, when no longer needed for the use of the district 26 (f ) Direct and provide for the prosecution or defense of any proceeding in which the district may be an interested party 26 (g) Elect officers to fill vacancies 38 'h) May direct, by a two thirds vote, the school board to con- tract with a neighboring district for instruction of pupils 36 II. DISTRICT BOARD. 1. Report taxes voted at the annual meeting, including free high school tax 34, 42 2. Deliver estimate of free high school tax levy to county superin tendent and county clerk when annual meeting refuses or neg- lects to vote same 42 3. Have general care of the school, classify the scholars, and provide a course of study by consent and advice of county superintend- ent * 3o 4. Determine rates of tuition of non-resident pupils 35 5. Suspend or expel pupils 37 6. Purchase or lease site ; build, hire, or purchase schoolhouse when directed by voters 37 7. Have care and custody of schoolhouse and other property 38 8. Fill vacancy by appointment 38 9. Contract with neighboring district 36 10. Provide transportation 36 11. Shall present at annual meeting statement in writing of receipts and expenditures, funds on hand and estimate for ensuing year 40 12. Appoint physician 88 13. Provide and care for outhouses 37 14. Close school for Institute 61 III. MODERATOR. 1. File acceptance of office 27 2. Countersign all orders and warrants 28 3. Preside at district meetings 28 4. Order arrest of disorderly person at district meeting 29 5. Approve treasurer's bond 29 6. Contract with teacher ..:....:.. 31 IV. TREASURER. 1. File official bond within ten days after election 29 2. Apply for and receive moneys from the^county treasurer 30 3. Pay district moneys on the order of ^the. director, countersigned by the moderator 30 BUSINESS CALENDAR 7 4. Record receipts and disbursements 30 5. Report at annual meeting receipts and disbursements 30 6. Turn over to successor official books, papers, and funds 30 7. Appear for the district in suits brought by or against it 30 8. Contract with the teacher 31 V. DIRECTOR. 1. Report taxes voted at the annual meeting, free high school levy sep- arately. The reports must be signed by all the officers of the board, and delivered to the county clerk (a duplicate to the county superintendent), by the first Monday in July . 23, 34, 42 2. File acceptance of office 27 3. Draw and sign all orders and warrants 30, 33 4. Shall be clerk of district board and district meetings 30 5. Record all proceedings of the district .... 31 6. Preserve copies of reports to the county superintendent 31 7. Contract with teachers, with consent and advice of the moderator and treasurer or one of them, or under their direction 32 8. Notify the county superintendent of contract with teacher 31 9. Take census, together with the names of all the taxpayers in the district, within ten days before the last Monday in June 32 10. Present to the annual meeting an estimate of expenses and proba- ble amount of taxes for the ensuing year 32 11. Report to the annual meeting the business transactions of the board for the past year 32 12. Give notice of annual meeting at least fifteen days before the last Monday in June 32 13. Report to the county superintendent within ten days after the an- nual meeting 33 14. Furnish the annual meeting a statement of the aggregate assessed valuation of the taxable property in the district 34 15. Approve monthly report of teacher 53 16. Report to teacher list of children between 7 and 15 90 17. Require report of attendance of children 89 18. Give notice to parent or guardian 90 19. Make complaint against parent or guardian 90 VI. -TEACHER. 1. Must have certificate 31, 37, 51, 79 2. Examination 53, 56, 57, 79 3. Make monthly report to the director 53 4. Fill out term summary and send copy to the county superintendent.. 53 5. Must attend Institute 61 VII. COUNTY SUPERINTENDENT. 1. Form new districts and change district boundaries 13, 19, 76 2. Notify taxable inhabitant of the formation of a new district 15 3. Divide district property upon the formation of a new district 16s' 17 4. Sell schoolhouse when ordered by the district ..- 17 5. Report to county clerk and county trensurer change in district boundaries, and keep in the office of the county clerk a map of the school districts of the county 18 6. Determine site for schoolhouse in new district 22 7. Appoint district officers ' 27,38 8. Apply for writ of mandamus against district officers 28 9. Administer oaths for the purpose of attesting school reports and the administration of the school law 34 10. Notify director to transfer pupils to adjoining districts, and notify the county clerk of said transfer .... 36 11. Examine all candidates as teachers for the public schools 57 8 SCHOOL LAWS OF NEBRASKA 12. May revoke certificate 58, 61 13. May act as third officer in district having but two legal voters 19 14. Grant certificates to teachers in such forms as shall be prescribed ' by the state superintendent 58 15. Receive all blanks and communications from the state superin- tendent, and dispose of same 49 16. Visit each of the schools in his county at least once in each year, and consult with teachers and district boards 48 17. Promote the improvement of the schools in his county by public lectures, teachers' institutes, etc 48 18. Examine district reports and return same for correction when necessary ... 49 18a Report to the state superintendent when required, and be subject to rules and instructions prescribed by the state superintendent 49 19. Notify the district officers of report due and not received 49 20. Report to the superintendent of the institute for the blind and to the superintendent of the institute for the deaf and dumb 49 21. Must attend normal institute in his district 60 '22. Apportion state school funds to the districts of his county within twenty days after warrant is received from state auditor 62 23. Appoint appraisers of schoolhouse site, condemned 67 24. Assist in appraisal of claims or assets in division of district with- in metropolitan cities. 25. File official bond of $1,000. (See sections 5 and 19, .chapter 10, Compiled Statutes of Nebraska. ) 26. Notify teachers of institute 61 27. Notify school boards to close school during institute 61 28. Deliver to district board on or before second Monday in June esti- mate of amount required to pay free high school tuition 41 29. Deliver to county clerk an itemized estimate of free high school tax levy when district fails to vote free high school tax 43 30. Certify, under oath to the state superintendent on or before the second Monday in June, number of districts entitled to state aid 26 The Provisions of the Constitution of the State of Nebraska Relative to Education. ARTICLE VIII. EDUCATION. Section 1. Board of educational lands and funds. The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, consti- tute a board of commissioners for the sale, leasing, and general manage- ment of all lands, and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law. Sec. 2. Property, how used. All lands, money, or other property, granted or bequeathed, or in any manner conveyed to this state for edu- cational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance. Sec. 3. Permanent school fund. The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income only can be appropriated, to-wit: First Such per centum as has been or may hereafter be granted by Congress on the sale of lands in this state. Second All moneys arising from the sale or leasing of sections num- ber sixteen and thirty-six in each township in this state and ttie lands selected or that may be selected in lieu thereof. Third The proceeds of all lands that have been or may hereafter be granted to this state where, by the terms and conditions of such grant, the same are not to be otherwise appropriated. Fourth The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons. Fifith All moneys, stocks, bonds, lands, and other property now be- longing to the common school fund. Sec. 4. Temporary school fund. All other grants, gifts, and devises SEC. 1. Authority to invest a portion of the fund cannot be conferred by -legislative enactment upon the treasurer. 40 Neb., 298. SEC. 3. Cited 5 Ntfb., 206. SEC. 4. 5 Neb., 103, 206. 15 Id., 610. 16 Id., 680. 9 10 SCHOOL LAWS OF NEBRASKA that have been or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest aris- ing from all the funds mentioned in the preceding section, together witlr all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state. Sec. 5. -Fines arid licenses. All fines, penalties, and license moneys arising under the general laws of the state shall belong and be paid orer to the counties respectively where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by- laws, or ordinances of cities, villages, towns, precincts, or other munic- ipal subdivisions less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue. Sec. 6. Common schools. The legislature shall provide for the free- instruction, in the common schools of this state, of all persons between the ages of five and twenty-one years. Sec. 7.- Distribution of income. Provisions shall be made by gen- eral law for an equitable distribution of the income of the fund set apart for the support of the common schools among the several school districts : of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months. Sec. 8 Educational lands Price. University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value. Sec. 9. Funds to remain inviolate. All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested 4 or loaned except on United States or state securities, or registered county bonds of this state; and such funds, with the interest and income thereof, are hereby solemnly pledged for the purposes for which they are granted- and set apart, and shall not be transferred to any other fund for other uses. Sec. 10. University. The general government of the University of SEC. 5. 5 Neb., 310, 516. 8 Id., 81, 162. 9 Id., 184, 352, 404. 11 Id., 557. 14 Id., 479. 17 Id., 224. 27 Id., 64. 28 Id., 254. 29 Id., 288, 348. Where a liquor license has been issued and is thereafter cancelled without fault of the licensee, he is entitled to a repayment pro tanto of the sum paid for the unexpired time. 51 Neb., 858. SEC. 7. 5 Neb., 104. SEC. 9. Cited 15 Neb., 610, 684. 16 Id., 680. 25 M., 660. 39 Id., 353. 41 Id. r 277. 66 Id., 381. SEC. 10. 5 Neb., 426. 17 Id.. 612. EDUCATION II Nebraska shall, under the direction of the legislature, be vested in a board of six regents, to be styled the Board of Regents of the University of Nebraska, who shall be elected by the electors of the state at large, and their term of office, except those chosen at the first election as here- inafter provided, shall be six years. Their duties and powers shall be prescribed by law, and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties. Sec. 11. No sectarian instruction. No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes. Sec. 12. Reform schools. The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment, and reformation of all children under the age of sixteen years who, for want of proper parental care, or other cause, are growing up in mendicancy or crime. SEC. 11. 65 Neb., 877. THE SCHOOL LAWS OF NEBRASKA N ACT to establish a system of public instruction for the State of Neb- raska, 1881, as since amended, together with subsequent enactments "elative thereto. SUBDIVISION I. SCHOOL DISTRICTS. Section 1.' "School district" defined. The term school district as 3d in this chapter is declared to mean the territory under the jurisdic- .n of a single school board authorized by this chapter. The term school iall be construed to mean a school under the jurisdiction of a school ard authorized by this chapter. Sec. 2. Body corporate. Every duly organized school district shall a body corporate, and possess all the usual powers of a corporation r public purposes, by the name and style of "school district number > of county," and in that name may sue and be sued, rchase, hold, and sell such personal and real estate as the law allows. Sec. 3. New districts. Each organized county not already divided o school districts, 'or any part of such counties not so divided, shall be ided by the county superintendent into as many school districts as may -. necessary. Sec. 4. Change in boundaries. New districts may be formed from Jier organized districts, and boundaries of existing districts may be Changed, under the following conditions only: First Discretion of county superintendent to create a new district. The county superintendent shall have discretionary power to create a new district from other organized districts upon a petition signed by one-third of the legal voters in each district affected. Second Discretion of county superintendent to change boundaries. The county superintendent shall have discretionary power to change the boundaries of any district upon petitions signed by one-half of the legal SEC. 2. See Sec. 8, subdivision 3. No cause of action will accrue to school district, as a corporation, against county superintendent for the manner in which he may exercise his discretion in changing the boundaries of districts. 23 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205. 28 Id., 254. 30 Id., 363. SEC. 3. Territory not hitherto organized into school districts may be di- vided at the discretion of the county superintendent. Districts should be limited in extent by the distance that scholars are able to attend school. 9 Neb., 366. County superintendent has exclusive original Jurisdiction. 35 Neb., 400. 51 Id., 570. SEC. 4. Discretion of county superintendent. 23 Neb., 659. 25 Id., 200. Dis- cretion of county superintendent will not be controlled by mandamus; appeal 14 SCHOOL LAWS OF NEBRASKA Subcliv. 1 voters in each district affected. He shall also have discretionary power to annex to any existing district any territory not organized into districts, upon petitions signed by one-half of the legal voters in the said district and in the said territory proposed to be annexed. Thirds-Shall not refuse the petition of two-thirds. The county super- intendent shall not refuse to change the boundary line of any district, or to organize a new district, when he shall be asked to do so by a petition from each school district affected signed by two-thirds of all the legal voters in such district, nor to annex to an existing district any territory not organized into districts when asked so to do by petitions signed by two-thirds of the legal voters of the said existing district and the said territory proposed to be attached. A notice of said petition containing an exact statement of what changes in district boundaries are proposed, and when the petition is to be presented to the county superintendent, shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or territory not oganized into districts proposed to be attached to an existing district, at least ten (10) days prior to the time of presenting the petition to the county superintendent; Provided, That changes affecting cities shall be made upon the petition of the board of education of the district or districts affected. Fourth Two districts made from one. Two districts may be made from one by the county superintendent upon a petition from each district proposed, signed by a majority of the voters in each district proposed. One district may be discontinued, and its territory attached to 6ther adjoining districts, upon petitions signed by one-half of the legal voters in each district affected. Fifth List of voters. A list or lists of all the legal voters in each district (or territory) affected, made under the oath of a resident of ea- district (or territory) affected, together with an oath of a resident of eac district (or territory), that the legal notice provided for in the third clause of this section has been properly posted, shall be given to the county lies from his decision to district court. 25 Neb., 405. Cited 18 Id., 648. No- tices indispensable. Contents of affidavit; time and place should appear. 31 Neb., 424. When territory is to be attached written notice and petition should be given. 28 Neb., 485. Proviso in paragraph 7 confined to what immediately precedes it. Notice in accordance with paragraph 3 necessary. 9 Neb., 331. 39 As many petitions must be presented as there are districts affected. Before making the division, the county superintendent should employ all the legiti- mate means within his reach to satisfy himself that a legal majority of the voters in the district have signed a petition; and it would be well to move de- liberately in the matter, allowing all parties interested opportunity to know what is proposed to be done. The law doee not provide for striking off a part of a district without annexing it to some other. The superintendent may require the signer -to erase his name from one of the the same name appear upon different papers. When petitions asking things are presented, the county superintendent should do nothing till some course is agreed upon by petitioners. lere several districts are consolidated, the new district not only becomes for thJi cTbt 15 P Nb f f th6 former ' but also becomes answerable rSubdiv. 1. SCHOOL DISTRICTS 15 rsuperintendent when the petition is presented. By legal voters is herein meant all who are legal voters at an election for school district officers. Sixth New district, when formed. No new district shall be formed .between the first Tuesday of April and the first day of October. Seventh Extent of district. No new district shall be formed con- taining less than four (4) sections of land, nor shall any diclrict be re- duced by division or otherwise so as to contain less than that amount, un- less the district so formed, or the part of a district remaining after di- vision, shall have an assessed valuation of property of not less than fifteen thousand ($15,000) dollars; Provided, That when streams or water .courses make it impracticable to form districts containing four sections, then the county superintendent may form districts with less than four sec- tions without regard to valuation. When streams of water make it im- practicable for children to attend school in their own district,' the county .superintendent shall have authority, and it shall be his duty when re- quested by the parents or guardians of such chldren, to attach to adjoin- ing districts suc'h territory as he may deem necessary for the purpose of giving said children school privileges. When a district is reduced in -size by the -annexation of a part of its territory to a city district as pro- vided by law, or when a portion of a district is cut off from school privi- leges by a river's changing its channel, so that such part remaining after such annexation or the said portion so cut off by change of a river chan- nel shall contain less than two sections of land and fewer than twenty (20) persons of school age, the county superintendent shall have authority, and it shall be his duty to attach such remainder or portion to adjoining .districts, provided this can be so done that no pupil in such remainder or portion shall be more than two and one-half miles from the nearest schoolhouse in the district in which such pupil is so placed. Eighth Petitions filed. The county superintendent shall file in his office all petitions that have been granted for change of boundaries or for the formation of new districts, and such petition shall be prima facie evi- dence of the boundaries of districts; and all conflicting records of bound- .aries shall be made to correspond with the petitions so filed. Sec. 4a. Three sections or less. When any school district has only three sections of land or less than three sections of land the county super- intendent, county clerk and county board shall have authority and it shall be their duty, upon petition of the district board or board of education of :such school district, to make such changes in the boundaries of such dis- irict and of any or all districts contiguous thereto as in their judgment will be just and equitable. Sec. 5 Notice to taxable inhabitant. Whenever the county superin- tendent of any county shall form a new district, it shall be the duty of the superintendent to deliver to a taxable inhabitant of such district a SBC. 5. The record should contain a minute detail of all proceedings in re- lation to the formation of the new district and of the amount justly due the .new from the old district out of which it may have been formed. 6 Neb., 546. 16 SCHOOL LAWS OF NEBRASKA Subdiv. 1 notice In writing of the formation of such district, describing its bound- aries, and specifying the time and place of holding the first meeting, which notice, with the fact of such delivery, shall be entered upon the record by the supreintendent. Sec. 6 Notice to voters. The said notice shall also direct such in- habitant to notify every qualified voter of such district, either personally or by leaving a written notice at his or her place of residence, of the time and place of holding said meeting, at least five days before the time ap- pointed therefor; and it shall be the duty of eac'h inhabitant to notify the qualified voters of said district accordingly. Sec. 7. Return of notice. The said inhabitant, when he shall have- notified the qualified voters as required in said notice, shall endorse thereon a return, showing such notification with the date or dates thereof, and deliver such notice and return to the chairman of the meeting. Sec. 8. Record of notice, return, and organization. The said chair- man shall deliver such notice -and return to the director chosen at such meeting, as 'hereinafter provided, who shall record the same at length in a book, to be provided by him at the expense of the district, as a part of the records of such district, which record shall be prima facie evidence of the facts therein set forth -and of the legality of all proceedings in the or- ganization of the district prior to the first district meeting, but nothing in this section contained shall be so construed as to impair the effect of the record kept by the county superintendent as evidence. Sec. 9. Division of district property. 'When a new district is formed SEC. 6. Every qualified voter should be notified; but failure to notify one or more would not invalidate the action of the meeting unless fraud could be shown. [See section 8.] For definition of "qualified voter," see sections 4 and 5 of subdivision II. SEC. 9. The division of school districts and .school property is one of the most important and delicate of the superintendent's duties, always to be per- formed with care and deliberation. The division of property should be made when the district is divided, or as soon as possible thereafter. Where there are debts, which must be paid by the old district, they should be taken into account in the division of property. The superintendent must use his best judgment in estimating the value of school property, keeping in mind that the law requiies him to "ascertain and determine the amount justly due" to the new district. Section 11 states clearly hnw this money is to reach the treasury of the new district. In applying sections 9 and 11 to the division of a district which is bonded, it must be remembered that the bonds are of the nature of a mortgage on all the land and property of the original district, and that this incumbrance cannot be removed from any part of it by the division. 54 Neb., 171. When the division of a district has been completed by a county superin- tendent, his successor cannot re-open and adjust it again; but a superintendent who finds out that he has made a serious mistake may correct such mistake within reasonable time. To divide a joint district the same formalities are requisite as in any other A petition should be presented to the superintendent of each county affected Debts of a district cannot be divided and apportioned without the consent 'of creditors. After the division, the old district has no authority to use Drooertv nr fnn^a to which the new one is entitled. 4 Neb., 267. Where there is no finding o determination whatever by the superintendent as to property of anv iHr,/i i . tained by a district out of which a new district was formed his certificate ?^ v e Se e b d y 9 he * 4 t ?5 authorlze ievy f Subdiv. 1. SCHOOL DISTRICTS 1? in whole or in part from one or more districts possessed of a schoolhouse or other property, the county superintendent, at the time of forming such new district, or as soon threafter as may be, shall -ascertain and determine the amount justly due such new district from any district or districts out of which it may have been in whole or in part formed, which amount shall be ascertained and determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts at the time of such division, and the fact that such schoolhouse or other property is not paid for shall not deprive such new district of its proportinate share of the value thereof; Pro- vided, That such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed; unless in case of indebtedness not bonded the same shall be adjusted -as herein- after provided. Sec. 10. Amount due in installments. If such old district shall be subject to any bonded indebtedness, and the amount to which such new district shall be entitled on account of any such property shall not exceed its proportionate share of such bonded indebtedness, the amount to which such new district shall be entitled as aforesaid shall be apportioned so as to come due in installments proportionately at such times as the original indebtedness shall become due to the creditors of the old district. Sec. 11. Certificate of amount due. The amount of such proportion, when so ascertained and determined, shall be certified to by the county superintendent to the county clerk, who shall present the said amount to the county board at the session next succeeding, whose duty it shall be at the proper time or times to assess the same upon the taxable property of the district retaining the schoolhouse or other property of the former district, in the same manner as if the same had been authorized by a vote of such district, and the money so assessed shall be placed to the credit of the new district. Sec. 12 When collected, such amount shall be paid over to the treas- urer of the new district, to be applied to the use thereof in the same man- ner, under the direction of its proper officers, as if such sum had been voted and raised by said district for building a schoolhouse or other dis- trict purposes. Sec. 13. Sale of schoolhouse. Whenever, by the division of any district, the schoolhouse or site thereof shall no longer be conveniently located for school purposes, and shall not be desired by the district in which it may be situated, the county superintendent of the county in which SEC. 11. The action of the district is not required to levy the tax thus made necessary, and it is beyond its control. The county commissioners are the proper persons to levy it. The whole amount need not be levied at once, but may be put into two or more levies. SEC. 13. For errors of judgment and mistakes in the performance of this onerous duty the superintendent is not pecuniarily responsible, unless there is evidence of fraud. The superintendent should take ample time and acquaint himself fully with the facts. 18 SCHOOL LAWS OF NEBRASKA Subdiv. 1. such schoolhouse and site shall be located may, when ordered by the dis- trict, advertise and sell the same at public or private sale, and apportion the proceeds; Provided, That when sold at private sale, such sale shall not be binding until 'approved by the district interested. Sec. 14. Division of money. The money arising from the sale of schoolhouse and site, or otherwise, except teachers' fund, shall be divided among the several districts created in whole or in part from the divided districts as nearly as practicable in proportion to the taxable property of the districts formed in whole or in part by such division. Sec. 15. Teachers' fund. Money on hand belonging to the teachers' fund of said district shall be divided in proportion to the number of scholars in each district at the time of said division. The money des- ignated in this 'and the preceding section shall be divided at once, and not in the manner provided in section 11 of this subdivision. Sec. 16. Unbonded indebtedness. Whenever a new district shall be organized from the territory of a former district, and there shall be any in- debtedness of such former district which shall not be bonded, such un- bonded indebtedness shall be taken into account in estimating the sum due fom the old to the new district on account of schoolhouse or other prop- erty, and sucTi new district shall be entitled to only the value of its pro- portionate share of such property after deducting its like share of such in- debtedness. Sec. 17. Report of change in boundaries. Every change in district boundary lines must be reported as soon as made to the county clerk and the county treasurer by the county suprintendent; and the county super- intendent shall keep in the office of tbe county clerk a map of the school districts of the county, which map shall be revised as often as the boundary lines of districts are changed or new districts formed. The county super- intendent shall also report to the county treasurer the necessary changes to be made upon the tax lists of the county. Upon receiving said noti- fication, it shall be the duty of the county treasurer to adjust the tax list of the county in accordance with the change of district boundaries, so that the uncollected taxes levied upon property that has been transferred to another school district shall, when collected be placed to the credit of the district to which such property has been transferred. SECS. 14 and 15. Money on hand when a district is divided is to be treated as follows: -The- teachers' fund, including proceeds of tax for teachers' wages and the state apportionment, according to section 15; that is, in proportion to the number of children in the district at the time of division. The remaining funds (both in county and district treasury) will be divided according to sec- tion 14; that is, in proportion to the taxable property of the districts concerned. When a county superintendent has ordered money paid by one district to another, and the district neglects or refuses to pay it, the treasurer of the district to which the money is due may apply to the court for a mandamus to compel the officers of the delinquent district to pay the money. SEC. 16. Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. f>l Neb. 1. Subdiv. 1. SCHOOL DISTRICTS 19 g ec> ig.- Unsatisfactory division. Whenever a district is dissatisfied with the division of school property made by the county superintendent, the points in dispute may be referred to three disinterested persons, no one of whom shall be a resident of either district interested in the matter at issue, one to be chosen by the school board of each district, and these two to choose a third, and the decision of any two of them shall be final. Sec. 19. Arbitration. The manner of proceeding shall be substan- tially as follows: The district desiring an arbitration shall make a de- mand in writing of the county superintendent within ten d-ays after said superintendent has made his award. The county superintendent shall no- tify the other district or districts, and direct them to clioose arbitrators. The county superintendent shall appoint a time -and place for the hearing, at which the arbitrators shall proceed immediately to hear and determine the matter at issue 'according to justice and right, taking all the circum- stances into consideration. Sec. 20. Award. The award of arbitrators shall be in writing and shall be filed with the county superintendent, j and shall be final; Provided, That if no award is made by the committee within thirty days from the day of arbitration, the division made by the county superintendent shall be legal and valid. Sec. 21. Fees of arbitrators. The fees for such arbitrators shall be as follows: Each person engaged as arbitrator shall receive two dollars per day during the time necessarily occupied, to be paid equally by the districts. Sec. 22. Joint districts. That when persons living in two or more counties desire to form a school district, it shall be the duty of the super- intendents of the respective counties to authorize the said persons to or- ganize such district, and the reports contemplated in this chapter shall be made to the superintendents of each county, parts of which form the dis- trict, of such property or children as may be within the limits of each such organized county. (DISMEMBERED DISTRICTS.) Sec. 23. Less than three voters in district. In case the number of legal voters in any district becomes less than three, the county superin- tendent shall act as the third officer of such district. Sec. 24 Same Annexation to adjoining district. When for a con- tinuous period of one year a district shall have less than two legal voters residing therein, the county superintendent may, in his discretion, annex the said district to one or more adjoining districts, upon petitions signed by a majority of the legal voters of such adjoining district or districts. Sec. 25. Same Dissolution Procedure Funds. When for a con- tinuous period of one year a district shall have less than two legal voters residing therein, (or) for a period of two consecutive years shall fail or neglect to maintain its district organization, it shall be lawful, upon a petition being presented for that purpose by the resident voter of said dis- trict, or by the county superintendent of the county in which said district 20 SCHOOL LAWS OF NEBRASKA Subdiv. 2. is situated, for any court of competent jurisdiction of said county to author- ize the county superintendent of the county in which said district is lo- cated to close up the affairs of said district. Twenty days previous to any action on the part of the county superintendent, notice of such action on the part of the court shall be made public in some legal newspaper cir- culating in said county. The said county superintendent thus authorized shall have power, and it shall be his duty to take possession of all school property belonging to said district. If there be funds belonging to said district in the hands of the county treasurer, the county superintendent shall proceed to pay off the indebtedness of the district, issuing orders upon the county treasurer for the payment of such indebtedness. If there be no funds in the hands of the county treasurer to the credit of said district, the county superintendent shall, upon order of the court, adver- tise and sell i at public auction the school property of said district, placing the money thus obtained in the hands of the county treasurer to the credit of the aforesaid district, and issue orders upon it as above. (Amended 1907.) Sec. 26. Debts Taxes. If any indebtedness still remain unpaid, the board of county commissioners of said county shall determine the rate of taxation necessary to pay such indebtedness, and shall cause such taxes to be levied upon all property in the said district and collected as other taxes. Sec. 27. Superintendent, Bond. Before entering upon such duties, the county superintendent shall execute a good and sufficient bond to the people of the State of Nebraska, to be approved by the judge* of said court, in double the amount of the value of all property which in the opinion of the court shall be entrusted to his care. Sec. 28. Same Report. It shall be the duty of the county super- intendent to file an itemized report in said court, showing the disposition of all property and money received by him in the said transaction, and said report shall be a part of the official records of said court. Sec. 29. Same Compensation. For performing the duties hereby imposed, it shall be lawfull for the court to award to the county super- intendent such compensation as in its judgment shall be just and right; and such amount and costs of court shall be a claim against said dis- trict. SUBDIVISION II. DISTRICT MEETINGS Section 1. Annual meeting. The annual school meeting of each school district shall be held at the schoolhouse, if there be one, or at some ther suitable place within the district, on the last Monday of June of each SEC. 1. No authority to adjourn election. 15 Neb., 447. Cited 33 Id., 335. See, also, 32 Id., 370. Subdiv. 2. DISTRICT MEETINGS 21 year. The officers elected as hereinafter provided shall take possession of the office to which they have been elected upon the second Monday of July, and the school year shall commence with that day. Sec. 2. Special meeting. Special meetings may be called by the dis- trict board, or any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding section; and in all notices of special meetings the object of the meeting shall be stated, and no business shall be transacted at such meetings ex- cept such as is mentioned in the call. Sec. 3. Notices, Contents. All notices of annual or special meetings, after the first meeting has been held as hereinbefore provided, shall state the day, hour and place of meeting, which place shall be within the district, and shall be given at least fifteen days previous to such meeting, by post- ing up copies thereof in three public places within the district; but no annual meeting shall be deemed illegal for want of such notice. No school- house site shall be changed nor taxes voted for building, purchase or lease of a schoolhouse at any district meeting unless notices shall have been given of such meeting as above provided, including therein the fact that such subjects will then be considered. Sec. 4. Voters, qualifications. Every person, male or female, who has resided in the district forty days and is twenty-one years old and who owns real property or personal property that was assessed in the district in his or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meeting or school election held in any district, village, or city; Provided, That all electors at school elections held in cities where registration of voters is required shall comply with the provisions of such registration law before they shall be entitled to vote. Sec. 5. Challenge. If any person offering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such dis- trict, the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter, and if such person shall state that SEC. 2. The names of the five persons who made the request for the call should be recorded in the minutes. The district officers may constitute three of the five. When a special meeting adjourns to another time, new notices should be put up; but a failure to do this would not render the adjourned meeting 1 illegal. An annual or special meeting held in the evening (after night) would not be illegal. One copy of the notice of school district meetings should be posted upon the schoolhouse door. SEC. 4. In general, where a man lives or claims his home, and where he enjoys the privilege of a resident citizen, may be considered his place of resi- dence. In all cases a man must prove his intention as to the place of his residence; if he remove his family and goods from the district, and it can be proved that he intends to claim his residence in some other place, he is no longer a resident of the district. A homesteader can have no residence except in the district in which his homestead is located. Justice Maxwell says: "That place will be considered the residence of a person in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he has the intention of returning." Women may vote and hold office in school district. 15 Neb., 447. 22 SCHOOL LAWS OF NEBRASKA Svbdiv. 2 lie or she is qualified, and the challenge shall not be withdrawn, the said chairman shall administer to him or her an oath in substance as follows: "You do solemnly swear (or affirm) that you are twenty-one years of age, that you have resided in this school district for forty days last past, that you own real property in the district, or personal property that was as- sessed in your name [in this district] at the last assessment or have chil- dren of school age residing in the district, so help you God." And every person taking such oath shall be permitted to vote on all questions pro- posed at such meeting. Sec. 6. Rejection of vote. If any person so challenged shall refuse to take such oath, his or her vote shall be rejected, and any person who shall willfully take a false oath, or make a false affirmation under the pro- visions of the preceding section shall be deemed guilty of perjury, and be punished accordingly. Sec. 7. Challenge. When any question is taken in any other manner than by ballot, a challenge immediately after the vote has been taken, and previous to an announcement of the vote by the chair, shall be deemed to be made when offering to vote, and treated in the same manner. Sec. 8. Site. The qualified voters in the school district, when law- fully assembled, shall have power to adjourn from time to time, as may be necessary, to designate a site for a schoolhouse, by a vote of two-thirds of those present, and to change the same by a similar vote at any annual meeting; Provided, That in any school district where the schoolhouse is located three-fourths of a mile or more from the center of such district, such schoolhouse site may be changed to a point nearer the geographical center of the district by a majority vote of those present at any such school meeting. Sec. 9. Same. When no site can be established by such inhabitants aforesaid, the county superintendent of the county in which the district is situated shall determine where such site shall be, and his determination shall be certified to the director of the district, and shall be final, except that such decision may be changed by the county superintendent on a written request of two-thirds of the qualified voters of the district. Sec. 10. Purchase or lease of house. The said qualified voters shall also have power, at any annual or special meeting, to direct the purchas- Sec. 8. The "three-fourths of a mile" mentioned in the proviso in this sec- tion should be measured on a straight line joining the schoolhouse and the geographical center of the district. A school site may be changed at an annual meeting only. Cited Wilber vs. Wooley, 44 Neb., 739 (62 N. W. Reporter, 1095). Purchase or lease. 70 Neb., 438. By act of congress (March 3, 1873), it was enacted that a person occupying a homestead or pre-emption shall have the right to transfer by warranty, against his own acts any part of his homestead or pre-emption for a site for a schoolhouse; and this shall no.t vitiate his title. SEC. 10. Contracts for the erection of schoolhouses should be made with reference to funds on hand. 4 Neb., 360. The board cannot bind the district by an increased expenditure beyond the amount authorized by the district. 10 Neb., 242. Cited 32 Id., 354. Building committee. 45 Neb., 239. Building contracts. 51 Neb., 237. 51 Id., 740. Subdiv. 2. DISTRICT MEETINGS 23 ing or leasing of any appropriate site, and the building, hiring, or purchas- ing of a schoolhouse, and the amount necessary to be expended the suc- ceeding year, and to vote a tax on the property of the district for the pay- ment of the same. Not to conflict with section two (2). Sec. 11. Taxes voted. The trustees of each school district within the state of Nebraska shall, prior to the annual school district meeting in each year, provided for by section 5427 [sec. 1, sub. 2] of this act, prepare an .estimate showing the amount of money required for the maintenance of schools during the coming school year, and the legal voters at the annual school meeting each year, shall determine the amount of money required for school maintenance during the coming school year, which shall be an amount sufficient to maintain a school in the manner and for the time provided in section 5440 [sec. 14, sub. 2] of the act and the amount of money so required shall be levied as a tax upon all of the taxable property of the school district; Provided, That in districts having four children or less of school age, the amount levied shall not exceed the sum of four hun- dred ($400.00) dollars in any year; and in districts having more than four and less than sixteen children of school age, the levy shall not exceed the sum of fifty ($50) dollars per child in addition to the above. The amount of money so voted as being necessary for the maintenance of the school for the coming year, shall be certified by the district school board to the county clery of the county in which said school district is located and said amount shall be levied by the county board on the as- sessed value of the school district, and be collected as other taxes; Pro- vided, That the amount so levied shall not exceed in any one year two and one-half ($2.50) dollars on the one hundred dollar valuation as assessed and equalized. Sec. lla. County clerk makes levy, when. When no levy is voted at the annual school district meeting, or where the district votes to have no school, or where no action is taken by the annual meeting to provide for school, it shall be the duty of the county superintendent of the proper county to make and deliver to the county clerk of such county in which any part of the district is situated not later than the first Monday in Au- gust following the annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes in such district. It shall be the duty of the county clerk to levy such taxes on the taxable property of the district, to be collected by the county treas- urer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid to the treasurer of the proper district on the order of 'the director countersigned by the mod- erator of said district. [In force March 30, 1905.] Sec. lib. Same, joint districts. It shall be the duty of the county clerk of any county in which a fractional part of a joint school district is SEC. 11. The annual meeting votes the tax, the county board or clerk levies it. Cited 4 Neb., 307. 11 Id., 360. 12 Id., 255. 9 Id., 331. Unauthorized levy. 19 Id., 485. 24 SCHOOL LAWS OF NEBRASKA Subdiv. 2 located, on or before the 15th day of June of each year, to certify the as- sessed valuation of all taxable property of such fractional part of said joint school district to the clerk of any county in which a fractional part of said district is located. Sec. lie. County board make proportionate levy. The county board of any county, acting in pursuance of section 5437, subdivision 2, chapter 79, Wheeler's Compiled Statutes of Nebraska for 1905, shall make a levy for any joint school district sufficient only to produce an amount bearing an equal proportion to the whole amount required for such joint school district, which the fractional part of the district lying within the said county bears to the valuation of the entire district. [Approved April 6, 1907.] Sec. 12. Building fund. The legal voters may also, at such meeting, determine the number of mills, not exceeding ten mills on the dollar of assessed valuation, which shall be expended for the building, purchase, or lease of a school house in said district, when there are no bonds voted for such purpose, which amount shall be reported, levied, and collected as in the preceding section; Provided, That the aggregate number of mills voted shall not exceed twenty-five (25) mills. Sec. 13. Building fund, how expended. The tax levied and collected, as provided by the preceding section, shall be expended under the direc- tion of the district made at the annual meeting, or in the absence of such direction, then such tax shall be expended as the district board of the dis- trict may direct. Money remaining in the treasury after the purpose for which it was raised has been accomplished, and after all debts for which the fund is liable have been discharged, may be transferred to any other fund of the district, at any district meeting. SEC. 13. Moneys derived from state funds and apportioned by county super- intendent, can be legally used for no purpose except to pay teachers' wages. School officers who use any part of such funds for any other purpose become personally responsible to the district for the amount thus used, and are liable to be prosecuted for malfeasance in office. As regards money raised by district tax: (1) When the district has directed the manner in which this tax shall be expended, the officers are bound to follow such direction. The fact that the district' at a meeting voted a tax for a particular purpose is held to be "direc- tion" as regards the money derived from that specific part of the tax. (2) When the district has not specified any particulars in voting the tax, nor di- rected the board in any manner as to the disbursement of the school funds, then the district officers may pay out the funds as called for, and at their dis- cretion (except the state apportionment, as mentioned above). When money has been raised for building purposes, or any other specific purpose, and has not been expended, the district at *any meeting may transfer such money to any other fund. The building fund cannot be legally transferred to the teach- ers' fund as long as there are debts due against the district for building ex- penses. Funds derived from the state cannot be legally transferred from the teachers' fund in any manner whatever. (See last part of section 1, subdivision XI, and last clause of section 5, article VIII, of the constitution.) The direction spoken of in this section is general, and not special; it can- not descend to all the details of school management. Cited 9 Neb., 331. 19 Id., 562. 32 Id., 354. Subdiv. 2. DISTRICT MEETINGS 25 Sec. 14. Length of term. They shall also determine at each annual meeting the length of time a school shall be taught in the district the en- suing year, which shall not be less than three months by a legally qualified teacher in a district having less than twenty pupils of school age, nor less than six months in districts having between twenty and seventy-five pupils, inclusive, nor less than nine months in districts having more than seventy-five pupils. They may also determine and instruct the district officers as to the different length of the terms of school, and the seasons, of the year in which the same shall be taught; and the district officers shall see that school is actually taught therein by a licensed teacher in conformity to such instructions and for not less than the length of time herein required. No district shall receive any portion of the state funds unless school shall have been actually taught therein for the length of time required by this act; Provided, That in case of epidemic sickness prevailing to such an extent that the school board in any district shall deem it advisable to close any or all schools within the district, or if on account of the destruction of the school house, it shall be impossible to continue the school, such closing of school shall not prevent it from draw- ing its proper share of the state apportionment. Such sickness, or de- struction of the school house, shall be sworn to by the district board, and the oath filed with the county superintendent within ten days after the annual school meeting. Provided further, That no district shall be de- prived of its proportionate share of state school funds when it shall a'ppear by the affidavit of the district board, to be made and filed, as aforesaid, that the district has in good faith raised and expended the maximum tax allowed by law and the funds so raised have been insufficient to maintain a school for the time herein provided. Sec. 14a. At least seven months' school. State aid. For the pur- pose of providing at least seven months of school each year in the first eight grades for all the youth of this state whose parents or guardians live in public school districts whose funds are not sufficient to maintain school for at least seven months, there shall be paid to each district by the state treasurer such an amount as is necessary to enable such district to main- tain seven months of school with a legally qualified teacher at a salary of not less than thirty dollars a month. Provided, That no state aid shall be given any public school district unless it has voted the maximum tax SEC. 14. The things mentioned in section 14 must be determined at the annual meeting, and if not then determined must be left to the board. The penalty which the law inflicts upon a district for not keeping up schools is the forfeiture of the next year's apportionment. The teacher's pay goes on while the school is closed by order of the board so long as he holds himself in readiness to go on with the school. It must be clear that in consequence of such epidemic (or destruction of house) no school could be taught, and that the failure was not caused by mere neglect. [Maxwell's Practice.] It is the duty of the county superintendent to see that no district in his county receives credit for school taught by one who does not hold a valid cer- tificate. If a district, at the annual meeting, leave the length of term of school to the discretion of the school board, it can be compelled to make good the rea- sonable contracts entered into by the board. 2(5 SCHOOL LAWS OF NEBRASKA Subdiv. > levy authorized by section 5437, chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler), and until the accounts of such district are audited and approved by the county superintendent of the proper county. No district shall receive in any one year any state aid under the provisions of this act in excess of one hundred twenty dollars, which amount so paid shall be applied exclusively to the payment of teachers' wages. Sec. 14b. Same, amounts due. It shall be the duty of the county su- perintendent of the proper county on or before the second Monday in June of each year to certify, under oath, to the state superintendent of public instruction the number of districts entitled to state aid under the provi- sions of this act, the amount due each, and such other items as may be required by the state superintendent of public instruction. It shall be the duty of the state superintendent of public instruction, on or before the last Monday in June of each year, to certify the amounts of state aid due the several counties under the provisions of this act to the state auditor, who shall draw warrants on the state treasurer in favor of the various coun- ties for the sums so specified by the state superintendent of public in- struction. The state treasurer shall remit said amounts to the county treasurer of the several counties who shall place it to the credit of the proper districts of his county in accordance with the instructions of the county superintendent thereof. Sec. 14c. Same, appropriation, how used. For the purpose of carry- ing out the provisions of this act there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of fifty thousand dollars. If the amount available is not sufficient to pay the full sum to which each district is entitled under the provisions of this act, it shall be divided pro rata among the several school districts entitled thereto in proportion to the aggregate number of days attended by all pupils in the several districts. [Approved April 10, 1907.] Sec. 15. Sale of district property. Said qualified voters shall also, at any annual or special meeting, authorize and direct by a two-thirds vote the sale of any schoolhouse, site, building, or other property belonging to the school district when the same shall no longer be needed for the use of the district; and when real estate is sold the district may convey the same by deed, signed by the moderator of the district, and such deed, when acknowledged by such officer to be the act of the district, may be recorded in the office of the recorder of deeds of the county in which the real estate is situated, in like manner as other deeds. Sec. 16. Prosecution and defense. They may also give such direc- tions and make such provisions as they shall deem necessary in relation to the prosecution or defense of any proceeding in which the district may be a party or interested. Subdiv. 3. DISTRICT OFFICERS 27 SUBDIVISION III. DISTRICT OFFICERS. Section 1. Election of officers. The qualified voters of every new district, when assembled pursuant to legal notice, and all existing districts at their annual meetings, shall elect by ballot, from the qualified voters of such district, a moderator for three years, a director for two years, and a treasurer for one year; and at the expiration of their respective terms of office, and regularly thereafter, their several successors shall be elected for the term of three years each, and all officers so elected shall hold their offices until their successors are elected or appointed and qualified; Pro- vided That officers of existing organized districts shall continue and dis- charge the duties of their several offices until the expiration of the same. Sec. 2. First year of term. When a new district is organized and the officers elected at any other time than at the annual meeting, the time in- tervening between the date of such organization and the beginning of the next school year shall constitute the first year in the term of such officers. Sec. 3. Acceptance. Within ten days after their election, these sev- eral officers shall file with the director a written acceptance of the offices to which they shall have been respectively elected, which shall be recorded by said director. Sec. 4. Organization. Every such school district shall be deemed duly organized when any two of the officers, elected at the first meeting, shall have filed their acceptance as aforesaid. Sec. 5. New notice. In case the inhabitants of any district shall fail to organize the same, in pursuance of such notice as aforesaid, the said county superintendent shall give a new notice in the manner hereinbefore provided, and the same proceeding shall be had thereon as if no previous notice had been delivered. Sec. 6. Appointment by County superintendent. In all cases where the county superintendent of any county shall form a school district therein, and where no election for school district officers shall be held therein, it shall be the duty of the county superintendent of the county in which such district is situated to appoint the officers of such district from the legal voters thereof, which officers thus appionted shall severally file SEC. 1. The newly elected director should file his acceptance with his pre- decessor, or, if he had none, it should be written out and kept with the papers in his office. District officers must be elected by ballot. No authority to adjourn annual meeting for the election of officers. 15 Neb., 444. SEC. 3. An officer elected or appointed should not fail to file a written ac- ceptance with the director: a verbal acceptance is not enough, but it is held that the entrance upon and the discharge of the duties of the office is a suf- ficient acceptance. The filing of his bond by the treasurer elect is held to be the same in effect as a formal written acceptance. See 30 Neb., 360. SEC. 4. In organizing a new district, great care should be taken to have all the steps legal, and to preserve full, clear, and accurate record of all the proceedings, since, during the first year after the district is organized, any charge of illegality in its formation must be met by reference to the records of its organization, and by section 8, subdivision I, such records are made prima facie evidence of the facts therein set forth. But after a district has been transacting regular business for a year, according to section 8, subdivision III^ it is then held to be a legal district. 28 SCHOOL LAWS OF NEBRASKA Subdiv. 4 with the director a written acceptance of the offices to which they shall have been appointed, which shall be recorded by the director. Sec. 7. Organization. Every such school district shall be deemed duly organized whenever any two of the officers thus appointed shall have filed their acceptance as aforesaid, and such school district and its officers shall be entitled to all the rights, privileges, and immunities, and be sub- ject to all the duties and liabilities conferred upon school districts by law. Sec. 8. Presumption of legal organization. Every school district shall, in all cases, be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year. Sec. 9. Term of office. District officers appointed to fill vacancies shall hold their office until the beginning of the next school year. Officers elected at a special meeting shall serve for the remainder of the unexpired term, and until their successors are elected and qualified. Sec. 10. Officer as teacher. No person holding a school district of- fice shall be employed to teach in the district of which he is an officer, un- less upon a petition signed by two-thirds of the legal voters of the district, which petition shall be filed with the papers of the district. The contract of such officer shall be made by the other members of the district board. Sec. 11. Refusal to sign or pay orders. Whenever a director or mod- erator refuses to sign orders on the treasurer, or the treasurer thinks it best to refuse the payment of orders drawn upon him, the difficulty shall be referred for adjudication to the county superintendent, who shall pro- ceed at once to investigate the matter, and if he finds that the officer com- plained of refuses through contumacy or for insufficient reasons, it shall be the duty of the superintendent, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. SUBDIVISION IV. DISTRICT OFFICERS, POWERS AND DUTIES. Section. 1. Moderator, duties of. The moderator shall have power, and it shall be his duty, to preside at all meetings of the district, to coun- tersign all orders upon the treasurer for money to be disbursed by the dis- trict, and all warrants of the director on the county treasurer for moneys raised for district purposes, or apportioned to the distict by the county SEC. 8. Cited 42 Neb., 499. SEC. 11. This, however, will not prevent a party in a proper case from bringing an action in his own name. Cited 19 Neb., 565; 32 Id., 354; 35 Id., 655. SEC. 1. When the moderator refuses to sign orders legally issued by the director, he can be compelled to do so by mandamus. (See section 11, subdi- vision III.) When the moderator is absent from a district meeting, one should be ap- pointed. The director is clerk of the meeting, and has no right to preside in the absence of the moderator. Subdiv. 4. DISTRICT OFFICERS POWERS AND DUTIES 2^ superintendent, and to perform such other duties as may be required of him by law. If the moderator be absent from any district meeting, the qualified voters present may elect a suitable person to preside at the meeting. Sec. 2. Arrest of disorderly person. If at any district meeting any person shall conduct himself or herself in a disorderly manner, and after notice of the moderator or person presiding, shall persist therein, the mod- erator or person presiding may order him or her to withdraw from the meeting, and on his or her refusal, may order any constable, or any other person or persons to take him or her into custody until the meeting shall be adjourned. Sec. 3. Fine for disturbing meeting. Any person or persons who- shall refuse to withdraw from such meeting on being so ordered as pro- vided in the preceding section or who shall willfully disturb such meeting shall, on conviction thereof, be fined in a sum not exceeding twenty dol- lars, which fine shall be paid into the school fund of the district. Sec. 4. Bond of treasurer. The treasurer of each district shall within ten days after the election, execute to the county and file with the director a bond of not less than five hundred dollars in any instance, nor less than double the amount of money as near as can be ascertained, to come into his hands as treasurer and at any one time, with sufficient sureties, to be approved by the director and moderator, conditioned for the faithful dis- charge of the duties of his office; such bond when approved shall be filed by the director in the office of the county clerk of the county wherein the school district is situated; and if the treasurer shall fail to execute such bond, his office shall be declared vacant by the district board and the board shall immediately appoint a treasurer, who shall be subject to the same conditions and possess the same powers as if elected to that office. Sec. 5. Receipt and disbursment. It shall be the duty of the treas- SECS and 3. For penalty for disturbing any school, society, or meeting convened for improvement in music, letters, or for social improvement, see Criminal Code, Compiled Statutes. SEC 4. The treasurer should not be allowed to draw money from the county treasurer till he has filed his bond. The other members of the board should not be sureties on the treasurer's bond. A school treasurer may hold other offices, county or precinct. When a board allows a treasurer, whose bond has not been approved, to handle public funds, the members of the board be- come individually liable for any loss that may occur. District treasurers are reminded that to use or lend any part of the public money in their hands is an offense which if proven against them, renders them liable to fine and imprison- ment (See Compiled Statutes.) The treasurer must file his bond with the director and the director must file it with the county clerk. The director should keep a record of both filings. A district treasurer elected to succeed himself must file a new bond. 52 Neb., 1. SEC 5 This money may be drawn from the county treasury at any time. It is' tlie right and duty of the district treasurer to draw and hold funds collected bv the county treasurer to the credit of the district. 22 Neb.. 52. School district funds can be paid out legally only on the order of the direc- tor countersigned by the moderator. ' The county treasurer has no right to receive orders drawn by the director in favor of any one but the district treasurer, who is the only person author- ized to receive district money from the county treasurer, and he should pay no order until countersigned by the moderator. 11 Neb., 283. A school district has no authority to release its treasurer from liability for - --vTev lost or misapplied by him. 10 Neb.. 296. Cited 19 Id., 494, 565. 30 SCHOOL LAWS OF NEBRASKA SuMiv. 4. tirer of each district to apply for and receive from the county treasurer all school moneys apportioned to the district or collected for the same by said county treasurer, upon order of the director, countersigned by the moderator, and to pay over on the order of the director, countersigned by the moderator of such district, all moneys received by him. Sec. 6. Treasurer's record. The treasurer shall keep a book fur- nished by the district, in which he shall enter all the moneys received and disbursed by him, specifying particularly the source from which money has been received, and to what fund it belongs, and the person or per- sons to whom, and the object for which the same has been paid out. He shall present to the district, at each annual meeting, a report in writing, containing a statement of all moneys received by him during the preceding year and of the disbursements made by him, with the items of such dis- bursements, and exhibit the vouchers therefor, and at the close of the term of his office shall settle with the district board, and shall hand over to his successor said books and all receipts, vouchers, orders, and papers coming into his hands as treasurer of the district, together with all moneys remaining in his hands as such treasurer. Sec. 7. Treasurer, appear for district. It shall also be the duty of the treasurer to appear for and on behalf of the district in all suits brought by or against the same, whenever no other directions shall be given by the qualified voters in the district meeting, except in suits in which he is in- terested adversely to the district; and in all such cases the director shall appear for such district, if no other directions shall be given as aforesaid. Sec. 8. Insufficient bond. Whenever by the failure of his sureties, or otherwise, the official bond of the district treasurer becomes, in the opinion of the other members of the board, insufficient to protect the dis- trict from loss, it shall be the duty of the director and moderator to de- mand additional security or a new bond of the treasurer. If the treasurer refuse or neglect to procure a satisfactory bond and present it to the other members for approval within ten days after said demand, the said moder- ator and director may declare his office vacant, and proceed to call a dis- trict meeting to elect a new treasurer to fill the unexpired term; Provided. That nothing in this section shall be construed to in- terfere with the liabilities of principals and sureties in such bond or the rights of sureties as denned by law regulating official bonds. Sec. 9. Director, clerk. The director shall be clerk of the district board and of all district meetings when present, but if he shall not be pres- SEC. 6. The district treasurer should settle with the district at the annual meeting, and the terms and items of this settlement should be recorded in full. SEC. 7. Action on a demand belonging to the district must be brought in the name of the district. 11 Neb., 283. When the action is not brought by the treasurer the petition should state the cause. 10 Neb., 268. Cited 12 Id., 241. SEC. 8. Duties devolving upon the moderator and director by this section can only be performed by those two officers acting in conjunction. 22 Neb., 51. Collection of taxes for payment of loss of funds in insolvent bank. 51 Neb., Snbdiv. 4. DISTRICT OFFICERS -POWERS AND DUTIES 81 ent, the qualified voters may appoint a clerk for the time being, who shall certify the proceedings to the director to be recorded by him. Sec. 10. Director's record. The director shall record all proceedings of the district in a book furnished by the district, to be kept for that pur- pose, and preserve copies of all reports made to the county superintendent, and safely preserve and keep all books and papers belonging to his office. Sec. 11. Teacher's contract. The director, with the consent and ad- vice of the moderator and treasurer, or one of them, or under their direc- tion, if he shall not concur, shall contract with and hire qualified teachers for and in the name of the district, which contract shall be in writing and shall have the consent of the moderator and treasurer, or one of them, en- dorsed thereon, and shall specify the wages per week or month as agreed by the parties, and a duplicate thereof shall be filed in his office ; Provided, That if the director shall refuse to make and sign such con- tract, when directed, so to do by the moderator and treasurer, then it may be made and signed by the moderator and treasurer. The director shall notify the county superintendent at the time the contract is made, of the length of the proposed term of school, when the school will begin and of the name of the teacher. And no money belonging to the district shall be paid for teaching to any but legally qualified teachers. Provided further, That a contract made -before the annual meeting, in order to be legal, must be signed by two members whose terms of office do not expire with the school year in which such contract is made. Provided, further, That, no such contract with a teacher shall be valid unless agreed to either by all the members of the district board or by two members of such board who are not related to the fourth degree to the said teacher and whose terms of office extend beyond the date of the term ot school contracted for. SEC. 10. It is to this record alone that resort must be had to ascertain what the district has done, what taxes it has voted, etc. 4 Neb., 307. SEC. 11. The district, at the annual meeting, may determine whether a summer or winter school shall be taught (see section 14, subdivision II), but it is the business of the board to choose the teacher, and the director should make the formal contract with the person so chosen. If the director refuses to make the contract it may be made by the other two members of the board. A school board may direct the school to be closed on Thanksgiving, the Fourth of July, or similar occasions, and not require the teacher to make up the time. The school board is the proper party to fix the wages of teachers the dis- trict meeting cannot do it. Unless a teacher agrees on his contract to build fires and sweep the school- house, he cannot be compelled to do so. A district board cannot make a legal contract one that will bind the dis- trict with a teacher who does not hold a valid certificate, and members of the board will be personally liable to the district for money paid to a teacher who is not legally qualified. 13 Neb., 52. A teacher is legally qualified to teach in a joint district, who holds a cer- tificate from the superintendent of either county in which such district lies. If the contract is signed by one who is a director de facto it will bind the district. 9 Neb., 56. Contract by director and treasurer valid. 13 Neb., 69. 35 Id., 655. Breach of contract. 31 Neb.. 501. 82 SCHOOL LAWS OF NEBRASKA Subdiv. 4 Sec. 12. Census. Within ten days previous to the annual district meeting, the director shall take the census of his district, and make a list in writing of the names of all the children belonging thereto, between the ages of five and twenty-one years, together with the names of all the tax- payers in the district. In case of the absence or inability of the director, such census shall be taken by the moderator or treasurer or such person as they may appoint, and a copy of such list, verified by the oath of the person taking such census, by affidavit appended to or endorsed thereon, setting forth that it is a correct list of the names of all children belonging to the district between the ages of five and twety-one years, and that it was taken within fen days preceding the annual meeting, shall be returned with the annual report of the director to the county superintendent; Pro- vide 1, That in cities of the first and second class, thirty (30) days shall be allowed for taking said census, said census to be completed before July 1. Sec. 13. Supplies, repairs. The director shall, with the concurrence of the moderator and treasurer, or either of them, provide the necessary appendages for the schoolhouse, and keep the same in good condition and repair during the time school shall be taught in said schoolhouse, and shall keep an accurate account of all expenses incurred by him as director. Such account shall be audited by the moderator and treasurer, and on their written order shall be paid out of the general school fund. Sec. 14. Estimate of expenditures. He shall present at each annual meeting an itemized estimate of the amounts necessary to be expended during the ensuing year for school purposes, and for the payment of the services of any school district officer; but no tax for these purposes shajl be voted at any special meeting. He shall also present to the annual meeting a statement of all orders drawn on the county treasurer, and the amount of each, and of all orders on the district treasurer, and the amount of each, for what purpose and to whom given. Before adjourn- ment of each annual meeting the director shall read the minutes of the meeting and have the same corrcted and approved by a majority vote of said meeting. Sec. 15. Notice of district meeting. He shall give the prescribed notice of the annual district meetings, and all such special meetings as he shall be required to give notice of, in accordance with the provisions SEC. 12. The census can be legally taken at no other time than this. No special census report can be called for. Marriag-e will not exclude from the census list persons otherwise entitled to be enumerated. No stated length of time is required that children must live m a district before they are counted in the census. Children brought into a district within the ten days during which the census can be taken if alreadv counted in the district from which they came, should be listed in the district to which they have come, and stricken from the other. The home of a child is usually with its parents or guardians, but may be elsewhere. A child of school age who, bona fide, resides in a district for other to sch001 vne - and its name should b * SEC. 13. 67 Neb., 635. ! ? j Subdiv. 4. DISTRICT OFFICERS-POWERS AND DUTIES 33 of this chapter, one copy of which for each meeting shall be posted on the outer door of the schoolhouse, if there be one. Sec. 16. District orders. He shall draw and sign all orders upon the treasurer for all moneys to be disbursed by the district, and all warrants upon the county treasurer for moneys raised for district purposes, or appor- tioned to the district by the county superintendent, and present the same to the moderator, to be countersigned by him, and no warrant shall be is- sued until so countersigned. No warrant shall be countersigned by the moderator until the amount for which the warrant is drawn is written up* on its face. The moderator shall keep a record, in a book furnished by the district, of the amount, date, purpose for which drawn, and name of .person to whom issued, of each warrant countesigned by him. Sec. 17. Report of census. The director shall, within ten days after the annual district meeting, deliver to the county superintendent, to be filed in his office, a report under oath, showing the whole number of child- ren belonging to the district between the ages of five and twenty-one years according to the census taken aforesaid; and any district board neglecting totake the enumeration and make a return of the same shall be liable to said district for all school moneys which such district may lose by such neglect. Within ten days after the annual district meeting, the director shall report to the county superintendent, to be filed in his office a report under oath, showing: 1st. The number attending school during the year under five, and also the number over twenty-one years of age. 2d. The whole number that have attended school during the year. 3d. The whole number in the district between the ages of eight (seven) and fourteen (fifteen) years, inclusive. 4th. The whole number in the district between the ages of eight (seven) and fourteen (fifteen) years, inclusive, that have attended school not less than twelve weeks during the school year. 5th. The length of time the school has been taught during the year by a qualified teacher, the length of time taught by each teacher, and the wages paid to each. 6th. The total number of days all scholars between the ages of five and twenty-one years have attended school during the year. SEC. 16. School district orders are subject to same defense against a bona fide holder for value as against the payee. 4 Neb.. 359. Cited 19 Id.. 564. 32 Id., 370. A writ of mandamus cannot issue to the treasurer of a school district requiring payment by him of an order payable by its terms at a fixed time in the future, and in the meantime drawing interest at a rate per centum defined by the terms of the order itself. 39 Id., 570. Moderator must countersign all proper orders. 35 Neb., 655. The school board has no authority to draw and accept orders on a fund which the district has proposed, but not yet raised. 4 Neb., 360. SEC. 17. The penalty incurred by a failure to report correctly the items in the first paragraph of this section applies equally to the others. . Should the director not send in a complete report, it is the duty of the county superintend- ent to return it for correction. The report must be made under oath. See sec* tion 10. subdivision 11. 34 SCHOOL LAWS OF' NEBRASKA Subcliv. 5. 7th. The amount of money received from the county treasurer during the year, and the amount of money expended by the district during the year. 8th. The number of mills levied for all school purposes. 9th. The kind of books used in the school. 10th. Number of children to whom text-books are furnished, and kind of books. llth. The amount of bonded indebtedness. 12th. Such other facts and statistics as the superintendent shall di- rect. Sec. 18. County superintendent administer oaths. For the purpose of attesting school reports arid other purposes connected with the ad- ministration of the school law, county superintendents are hereby author- ized to administer the required oaths. Sec. 19. Statement of assessed valuation. It shall be the duty of the director to furnish, for the use of the annual meeting of each year, a state- ment of tiie aggregate assessed valuation of all property in the district, and the amount of taxes, as near as may be, that will be collected for the use of the district. SUBDIVISION V. DISTRICT BOARD, POWERS AND DUTIES. Section 1. District board Quorum, Meeting. The moderator, di- rector, and treasurer shall constitute the district board, and in all meet- ings of the board two members shall constitute a quorum for the transac- tion of business. Meetings of the board may be called upon the agreement of two members, but all members shall have notice of the time and place of meeting. Sec. 2. Report of taxes voted. Immediately after the annual dis- trict meeting, and not later than the first Monday in July, said board shall make and deliver to the county superintendent, and also to the county clerk of each county in which any part of the district is situated, reports in writing under their hands, of all taxes voted by the district during the current school year, to be levied on the taxable property of the district, SEC. 1. A contract entered into and signed by persons styling themselves as director and moderator of a school district is their individual contract and not binding- on the district. 4 Neb., 254. The action of a majority of the board will not bind the district without notice to or participation therein of the other members. Id. A contract with a teacher is an exception 'to this rule. 13 Neb., 69. 35 Id., 655. SEC. 2. Taxes were voted by a district while comprising three townships. Before the levy 2y 2 townships were detached. Held, Taxes should be levied on the district as it existed at the time of the levy. 9 Neb., 336. But where such taxes were levied in the district as it existed at the time they were voted and collected from property therein, held, that the new district could recover from the old the amount collected in its territory. Id. When a district board re- fuses to act, it may be- compelled to perform its lawful duties by a writ of mandamus. 11 Neb., 359. Subdiv. 5. DISTRICT BOARD POWERS AND DUTIES 3o and to be collected by the county treasurer at the same time, and in the same manner as the state and county taxes are collected; and when col- lected, to be paid over to the treasurer of the proper district on the order of the director, countersigned by the moderator of said district. It shall be the duty of the county clerk to levy such taxes, if voted according to law. Sec. 3. General care of school. The district school boards shall have the general care of the schools, and shall have the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the school boards of any county shall establish by the consent and advice'of the county super- intendent thereof, and the school board of each district shall cause a record of the advancement in each branch of study of all the pupils to be kept in a book to be provided for this purpose; and it is hereby made the duty of each district board, or of one of their number empowered by the board, to attend all meetings called by the county sup- erintendent for the purpose of adopting or revising a course of study for the advancement of district schools, of making rules and regulations as they may think necessary for the government and health of the pupils, and of devising such means as may seem best to secure regular attendance and progress of children at school. Sec. 4. Non-resident pupils. Said board may also admit to the dis- trict school non-resident pupils, and may determine the rates of tutition of such pupils and collect the same in advance, but no tutition shall be charged such children as are or may be by law allowed to attend suck school without charge. Sec. 4a. Attendance at a nearer school. When children of school age- reside with their parents or guardians more than one and one-half miles from the school house in their own district, and at least one-half mile n-earer to the schoolhouse in an adjoining district, said distances to be measured by the shortest route possible upon section lines or traveled roads open to the public, such children may have school privileges in the said adjoining district instead of in the district of their residence, under the following conditions, to-wit: The parent or guardian of such children shall, at or before each annual meeting, notify the county superintendent of each district affected, using such form of notice as the state superin- tendent shall prescribe, which notice shall state the distances as herein provided and shall be attested by the signature of a legal voter and tax payer of the district in which said children or wards reside, and the signature of a majority of the members of the school board of the district in which said children or wards desire school privileges, in ad- SEC. 3. The board may discharge a teacher who, for any cause, is found incompetent. 6 Neb., 173. Cited 31 Id., 552. * SEC. 4. The residence of a pupil is usually with his parents, if living, but may be elsewhere. Children sent into the district just to board and attend school are not residents. 36 SCHOOL LAWS OF NEBRASKA Subdiv. 5. dition to the signature of such parent or guardian; and said county sup- erintendent shall notify the director of each district to transfer such per- son, together with such children or wards, to said adjoining district for school purposes for the year next ensuing, and it shall be the duty of said county superintendent to see that the said children or wards -are enumer- ated in the said adjoining district and not in the district of their residence. The county superintendent shall notify the county clerk of the said trans- fer, and the said county clerk shall be empowered, and it is hereby made his duty, to place the school taxes, except for the payment of existing bonds or interest on the same, of the said parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing, in the said adjoining district instead of in the district of their residence, basing such school taxation upon the levy for school purposes in said adjoining district, and the assessed valuation of the property of such parents or guardians and said real etate as deter- mined by the proper officers, and the said taxes shall be collected as pro- vided by law for other taxes, Provided, That when such transfer shall have been made, such children continue to have school privileges in said adjoining district until their parents or guardians shall, in writing notify the county "superintendent of their desire to be again transferred to the district of their residence, or shall remove from said real estate; in either event, the county superintendent shall notify the county clerk of such re- transfer, and the taxes of said parent or guardian and real estate shall again be placed in the district of their residence. Provided, further, That the parents or guardians of the pupils so transferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. [In force as amended, April 7, 1907.] Sec. 4b. Transportation of pupils. That a board of education of a city, or a board of trustees of a high school district, by a two-thirds vote of the entire board, or a district board of any school district in this state when authorized by a two-thirds vote of those present at any annual or special meeting, is hereby empowered to make provision for the trans- portation of pupils residing within said district to any other school (within said district) to which said pupils may lawfully attend, whenever the dis- tance from such school shall render it impracticable for said pupils to attend without transportation. Sec 4c. Instruction in neighboring district. That a board of trustees of a high school district, or a district board of a school district in this state, when authorized by a two-thirds vote of those present at any an- nual or special meeting, is hereby empowered to contract with the dis- trict board of any neighboring district for the instruction of (all) pupils residing in the first named district in schools maintained by the neigh- boring district, and to make provision for the transportation of said pupils to* the above named school of the neighboring district under the conditions named in the preceding section; Provided, That school districts thus pro- Subdiv. 5. DISTRICT BOARD- POWERS AND DUTIES 37 viding instruction for their children in neighboring districts shall be con- sidered as maintaining a school as required by law; Provided, further, That the teacher of the last named school shall keep a separate record of attendance of all pupils from the first named district and make a separate report to the director of said district. Sec. 5. Suspension of pupils. They may authorize or order the sus- pension or expulsion from the school, whenever in their judgment the in- terests of the school demand it, of any pupil guilty of gross misde- meanors or persistent disobedience, but such suspension shall not extend beyond the close of the term. Sec. 6. Site, purchase, lease, and sale. They shall purchase or lease such site for a school house as shall have been designated by the district, in the corporate name thereof, and shall build, hire, or purchase such schoolhouse out of the fund provided for that purpose, and shall make sale and conveyance of any site or other property of the district, when law- fully directed by the qualified voters at any annual or special meeting; Provided, That the qualified voters of the district may appoint a building committee to let contracts for and take charge of the work of building such schoolhouse. Sec. 6a. Outhouses. It shall be the duty of school district boards to provide on every schoolhouse site, and keep in good repair and in clean and healthful condition, at least two separate water closets or privies, lo- cated on those portions of the site the farth est from the main entrance to the schoolhouse, and as far from each other as the surrounding con- dition will permit; Provided, That where ade quate and seperate interior closets are provided and maintained in good repair and healthful condi- tion, the foregoing condition of this act need not apply. rfec.7. Title to site. The district shall not in any case build a stone or brick schoolhouse upon any site, without having first obtained a title in fee to the same; and, also, that they shall not in any case build a frame schoolhouse on any site for which they have not a title in fee, without the privilege to move the same when lawfully directed to do so by the qualified voters of the district at any annual or special meeting. Sec. 8. Payment of School moneys. The district board shall apply and pay over all school moneys belonging to the district in accordance with the provisions of law regulating the same, as may be directed by the district, but no school money apportioned to any school district shall be appropriated to any other use than the payment of teachers' wages; and no part thereof shall be paid to any teacher who shall not have received SEC. 5. This section gives school boards authority to suspend pupils. There is no law for referring such questions to a special district meeting, and It will save acrimony if the board, after consultng with the teacher or teachers, will settle all such matters .with the least possible public disturbance. The right to suspend or expel vests in the board, but may be exercised by the teacher in emergencies, with immediate reference to the board for final action. SEC. 6. Building committee. 45 Neb., 239. 38 SCHOOL LAWS OF NEBRASKA Svbcliv. 5 a certificate as required in this chapter, before the commencement of his or her school. Sec. 9. Care and custody of school property. The said board shall "have the care and custody of the schoolhouse and other property of' the district, except so far as the same shall be confined to the custody of the director. Sec. 10. Vacancy in district office. Every school district office shall become vacant by the death, resignation, or removal from office, or removal from the district of the incumbent, or by his absence from the district for a continuous period of sixty days at one time. Sec. 11. Appointment to fill vacancy. The said board shall have power to fill by appointment any vacancy that may occur in their number, and it shall be their duty to fill such vacancy after its occurrence; Pro- vided, That in case said board shall, from any cause, fail to fill such va- cancy, the same may be filled by election at a special school district meet- ing called for that purpose, by the qualified voters present, which meeting shall be called in the same manner and be subject to the same regulations as other special district meetings. Sec. 12. Appointment by county superintendent. When, by a di- vision of a district, but one officer is left in the old district, the county superintendent shall appoint, to fill the vacant offices, suitable persons., who shall hold their offices until the next annual meeting, and until their successors are elected and qualified. , Sec. 13. Officer cannot contract with district. No school officer shall be a party to any school contract for building or furnishing supplies, ex- cept in his official capacity as a member of the board. SEC. 9. This section has given rise to much controversy, and many dis- puted points still remain unsettled. The following opinions seern to be well founded: 1. The schoolhouse was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this. 2. A room in a schoolhouse not needed for school purposes may be leased for any purpose not injurious to the school, or a detriment to the usefulness of the other parts of the building for school purposes; but the contract for such lease cannot extend beyond the close of the school year. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when assembled in a lawful manner; but when the district has not acted on the subject the board has con- trol until some action is taken by the district. But neither board nor district has any right to allow the schoolhouses to be used in such a way as to inter- fere with the school. 4. If the voters of the district wish to use the schoolhouse for meetings of various kinds, there seems to be no good reason why they may not so use it so long as they do not interfere with the school work. The decisions of the su- preme courts of Indiana, Illinois, Iowa, and many other states confirm this view. Kansas, New Jersey, and West Virginia confer upon the ti'ustees, by statute, the right to vise the house for such purposes. In the absence of any decision by our own courts, the above rulings will govern this department. SEC. 10. When a school officer resigns, and his resignation is accepted, he cannot withdraw it and again resume the office. The only way to remove a school district officer is by a proper action before a court of competent juris- diction. Subdiv. 6. HIGH SCHOOL. DISTRICTS 39 SUBDIVISION VI. HIGH SCHOOL DISTRICTS FREE HIGH SCHOOL COUNTY HIGH SCHOOL. Section 1. Organization of district. Any district containing more than one hundred and fifty children, between the ages of five and twenty- one years, may elect a district board consisting of six trustees; Provided, The district shall so determine at an annual meeting by a vote of a ma- jority of the voters -attending such meeting. When such change in the dis- trict'board shall have been voted, the voters at such annual meeting shall proceed immediately to elect two trustees for the term of one year, two for the term of two years, and two for the term of three years, and annually thereafter two trustees shall be elected, whose terms of office shall be three years, and until their successors shall have been elected and quali- fied. Sec. 2. Board, organization of. Within ten days after their election, such trustees shall file with the directors a written acceptance of the of- fice to which they h-ave been elected, and shall annually elect from their own number a moderator, a director, and a treasurer, and for cause may remove the same, and may appoint others of their own members in their places, who shall perform the duties prescribed by law for such officers in the primary school districts in this state, except as hereinafter provided. The trustees shall have power to fill any vacancy that, may occur in their number till the next annual meeting. Whenever in any case the trustees shall fail, through disagreement or neglect, to elect the officers named in this section within twenty days next after their annual meeting, the county superintendent of the county in which such district makes its annual re- port shall appoint the said officers from the members of said trustees. Sec. 3. Classification of scholars. Said trustees shall have power to clasify and grade the scholars in such district, and cause them to be taught in such schools and departments as they may deem expedient; to establish in such district a high school when ordered by a vote of the district at any annual meeting, and to determine the qualifications for admission to such schools; to employ all teachers necesary for the several schools of said district; to prescribe courses of study and text-books for the use of said schools; and to make such rules and regulations as they may think need- ful for the government of the schools and for the preservation of the prop- erty of the district, and also to determine the rates of tuition to be paid SEC. 1. In the formation of a high school district, it is necessary to reor- ganize and elect an entire new set of trustees. The change from a primary to a high school district can be made only by a vote at the annual district meeting. The official terms of the old board expire on the second Monday of July fol- lowing the election of the new board of trustees. 17 Neb., 556. SEC. 3. Power given to enforce reasonable rules. Report cards. 35 Neb., 1. Selection- of studies by the parent. 31 Neb., 552. 40 SCHOOL LAWS OF NEBRASKA Subdiv 6. for non-resident pupils attending any school in said district except non- resident pupils attending the high school without charge. Sec. 4. Statement of receipts and expenditures Estimate Taxes. The said trustees shall present at each annual meeting a statement in writing of all receipts and expenditures on behalf of the district for the preceding year, and of -all funds then on hand, and an estimate of the amounts necesary to be raised by the. district, in addition to the money to be received from the primary school fund and other sources, for the sup- port of the schools of said district for the ensuing year, and for incidental expenses thereof; and the said district may, at the annual meeting, vote such sums, to be raised by tax upon the taxable property of said district, as may be required to maintain the several schools thereof for the year. HIGH SCHOOL. (Approved March 6, 1907.) Sec. 5. High school grade defined Course of study Rules of admis- sion. Provision is hereby made for four years of free public high school education for all the youth of this state whose parents or guardians live in public school districts which maintain less than a four-year high school course of study, on the following conditions, to-wit: First For the purposes of this act all grades above the eighth grade in any public school district of this state shall be deemed high school grades. The course of study for the first eight grades shall be the course of study prescribed by the state superintendent of public instruction or a course of study approved by him, and the course of study for the high school grades shall be the Nebraska High School Manual issued jointly by the University of Nebraska and the state superintendent of public in- struction or a course of study approved by the state superintendent of public instruction. Second Every pupil to be entitled under the provisions of this act to free public high school education in the ninth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study prescribed by the state superintendent for work below the ninth grade as set forth in the first condition of this section and that he is unable to secure ninth grade work in the public school district of his residence. Third Every pupil to be entitled under the provisions of this act to free public high school education in the tenth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the ninth grade as set forth in the first condition of this section -and that he is unable to secure tenth grade work in the public school disrict of his residence. Fourth Every pupil to be entitled under the provisions of this act to free public high school education in the eleventh grade of any public school Subdiv. 6. FREE HIGH SCHOOL 41 district maintaining such grade must have a certificate signed by the Bounty superintendent of the proper county that he has completed the course of study for the tenth grade as set forth in the first condition of this section and that he is unable to secure eleventh grade work in the public school district of his residence. Fifth Every pupil to be entitled under the provisions of this act to free public high school education in the twelfth grade of any public school district maintaining such grade must have a certificate signed by the county superintendent of the proper county that he has completed the course of study for the eleventh grade as set forth in the first condition of this section and that he is unable to secure twelfth grade work in the pub- lic school district of his residence. Sixth Every non-resident pupil attending any public school under the provisions of this act shall have the same rights and shall be subject to the s-ame rules and restrictions which govern resident pupils attending such public school. Any public school district unable to furnish accomo- dations to non-resident pupils without constructing or renting additional buildings, hiring extra teachers, or for other reasonable cause, may refuse admission to any or all such non-resident pupils. Sec. 6. Rate of tuition. Every public school district granting free public high school education to non-resident pupils under the provisions of this act shall receive the sum of seventy-five cents for each week's at- tendance by each non-resident pupil from the public school district in which the parent or guardian of such non-resident pupil maintains his legal residence. Such public school district is hereby made li-able for the payment of such tuition. Sec. 7. Application of parent or guardian Estimate of county su- perintendentLevy. The parent or guardian of any pupil desiring to take advantage of the provisions of this act for free high school education shall make application, in writing, to the county superintendent of the proper county on or before the second Monday in June of each year. Such appli- cation must show the number of the public school district in which such parent or guardian maintains his legal residence, the number of pupils for whom free high school education is desired, and the high school grade which each pupil is to enter. It shall be the duty of the county super- intendent to make and deliver to the director or the secretary of the board of education of such public school district on or before the annual meeting of each year an itemized estimate of the amount necessary to pay the tuition of all pupils in that district entitled to and for whom proper application has been made for free high school education as in this -act pro- vided. Said estimate shall show definitely the number of pupils for whom proper application has been made for free high school education and the grade each pupil is to enter. The director or secretary of the board of ed- ucation of such public school distict shall include said estimate for free high school education in his itemized estimate which he is required to pre- sent at each annual school district meeting as provided in section 11 of 42 SCHOOL LAWS OF NEBRASKA Subdiv. & subdivision 2 and section 14 of subdivision 4 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). The legal voters at the an- nual school district meeting each year shall determine the amount of money required for free high school education during the coming school year as in this act provided, which shall be an amount sufficient to provide free high school education in accordance with the estimate fur- nished the annual school district meeting by the director or secretary of the board of education as herein required, and the amount of money so required shall be levied as a tax upon all the tax-able property of the school district. Immediately after the annual school district meeting and not later- than the first Monday in July the district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of such public schoDl district is situated reports in writing, of all the taxes, including the tax necesary for free high school education as in this act provided, voted by the public school district for the coming school year, to be levied on all the taxable property of the district and to be collected by the county treasurer as provided in section 21 of subdivision 5 of chapter 79, Compiled Statutes of Nebraska for 1905 (Wheeler). 'Said tax for free high school education, when collected, shall constitute a fund to be known as the "Free High School Fund" and shall be placed to the credit of each public school district in which such tax is levied. Money belonging to the Free High School Fund of any public school district shall be paid out by the county -treasurer to the treasurer of the public school district earning such tuition at the end of each school term upon an order signed by the director and countersigned by the moderator of the pub- lic school district liable for such tuition, drawn against said fund. Money remaining in said Free High School Fund of any district at the end of each school year after the purpose for which it was raised has been accom- plished and after all debts for which said fund is liable have been dis- charged shall be transferred by the county treasurer to the general fund of Such district. Sec. 8. District board deliver estimate of levy to county clerk. If the annual school meeting in any public school district wherein there are pu- pils entitled to and desiring free high school education as in this act pro- vided neglect or refuse to vote the necessary tax therefor, the school district board or the board of education of such public school district shall make and deliver to the county superintendent and to the county clerk of each county in which any part of the school district is situated, not later than the first Monday in July, an itemized estimate of the amount neces- sery to be expended during the ensuing school year for free high school education by such public school district. It shall be the duty of the county .clerk to levy such tax on all the taxable property of such public school dis- trict the same as though said tax had been voted by the annual school district meeting, to be collected and disbursed by the county treasurer as provided in section 3 (Section 7 of this subdivision) of this act. Subdiv. 6. COUNTY HIGH SCHOOL 4S Sec. 8b. Same, county superintendent. If the district board or board of education of any public school district wherein there are pupils entitled to and desiring free high school education as in this act provided neglect or refuse to make and deliver the required estimate as set forth in section 4 of this act, the county superintendent of the proper county shall make and deliver to the county clerk of each county in which any part of such public school district is situated, not later than the first Monday in Au- gust following the annual school district meeting, an itemized estimate of the amount necessary to be expended by such public school district dur- ing the ensuing year for free high school education. It shall be the duty of the county clerk to levy such tax on all the taxable property of such school district the same as though such tax had been voted by the annual school district meeting, to be collected by the county treasurer at the same time and in the same manner as the state and county taxes are collected, and when collected to be paid out as provided in section 3 (section 7 of this subdivision) of this act. Sec. 8c. No levy. In a public school district in which in any year there are no pupils entitled to and desiring free high school education as in this act provided no tax shall be levied for such purpose in that year, [Sections 9 to 19, inclusive (rural high schools) omitted.] COUNTY HIGH SCHOOL. (Approved April 5, 1907) Section 20. Establish county high school. Course of study. Any counry in this state may esmblisii a county high school on the conditions and in the manner hereinafter prescribed for the purpose of affording better educational facilities for pupils who have advanced beyond the eighth grade. For the purpose of this act all grades above the eighth grade in any public school district in this state shall be deemed high school grades. The course of study for high school grades shall be the Nebraska High School Manual issued jointly by the University of Nebraska and the State Superintendent of Public Instruction, or a course of study approved by the State Superintendent of Public Instruction and in addition thereto there shall be taught and practiced in the ninth and tenth grades, mgnual training, domestic science and the elements of agriculture and in the eleventh and twelfth grades normal training and the theory and practice of agriculture and for the purpose of teaching and practice the board is hereby authorized to purchase the necessary apparatus and materials for those purposes, together with a tract of land not less than five acres, con- veniently situated to said county high school for actual practice by all of the students or a part of the students under the direction of a competent instructor for experimentation in all forms of agriculture. / Sec. 21. Petition Election Form of ballot. Whenever one hundred freeholders residing in any county in this state shall petition the board of county commissioners or the board of county supervisors requesting that a county high school be established in the county, the said board shall pro- ceed to immediately call a special election. Said board shall give the same 44 SCHOOL LAWS OF NEBRASKA Subdiv. 6 notice that is required for general elections and shall include in the notice that the question submitted at said special election to the electors of said county at the designated time is; Whether a county high school shall be established in the county? The qualified electors shall vote by ballot for or against the establishment of a county high school. The ballot shall be substantially in the following form. "For the establishment of a county high school in County,, Nebraska Yes ( . '. ) "For the establishment of a county high school in County, Nebraska .^ '.'.'.'.'.' No ( . .)" The electors favoring the establishment of such high school shall mark in the square after "Yes." Those opposed to the establishment of such high school in the square after "No." Said special election shall be conducted in all respects and the returns and canvass made 'as in gen- eral elections. Sec. 22. County board declare high school established. If the elec- tion results in favor of establishing such high school by a majority of the votes cast at such special election the county board shall, by an order duly entered upon their records so declare the fact of the establishment of such county high school. Sec. 23. County board constitute Board of Trustees. The county board shall by virtue of their office constitute a Board of Trustees for said county high school and take and have under their direction and con- trol, the affairs of said school. The county treasurer shall by virtue of his office be the treasurer of said board. The county clerk, by virtue of his office, shall be secretary of said board. The county superintendent of public instruction shall by virtue of his office be superintendent of said school. Sec. 24. Principal Teachers Funds Levy. The said board shall have power to appoint a principal, assistant teachers and other employes as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, by a majority vote. They shall annually during the month of June make an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds required for the purpose of school sites, the erection of school buildings, the payment of interest on bonds issued for school purposes and the creation of a sinking fund for the payment of such indebtedness and when sitting as a board of county commissioners or supervisors at the time provided by law for levying taxes, they are hereby authorized and required to levy the neces- sary amount the same as other taxes are levied. But in no case shall the aggregate tax for the county high school, exclusive of the levy for pay- ing the principal and interest of bonds, exceed five mills upon each dol- lar of assesed valuation of the property of the county. Sec. 25. Record of proceedings. It shall be the duty of the secretary Subdiv. 6. COUNTY HIGH SCHOOL 45 of said board to keep an exact and detailed account of the doings of the board in a book kept for that purpose and such other matters as may be provided by law, and shall make reports as provided by law. Sec. 26. Funds kept separate by county treasurer Liability. The treasurer shall keep separate and apart the proceeds of the tax levied for the support and maintenance of said county high school any fund to be known as the high school fund and shall only pay out the same upon warrants duly issued against said high school fund when signed by the chairman of the board, countersigned by the secretary of the board and attested by the seal of the county. The board shall not allow any claims or demands against said fund unless the same be duly verified. And the preservation and disbursement of said high school fund is hereby made a part of the duty of the county treasurers within this state and they shall be liable upon their official bonds the same as for any other moneys now held in their hands by virtue of said office. Sec. 27. Regulations Discipline The superintendent shall be the chief executive officer of the school and sball be responsible to the board for the control and management of the same and he shall recom- mend all needful rules and regulations for the discipline, careful preser- vation of the school buildings, furniture, apparatus, grounds, and -all other property belonging to the school and said rules and regulations when approved by the board shall be in full force and effect. All teachers and other subordinates in said school shall be under the direc- tion of the principal, subject to the general control and regulation of the board. Sec. 28. Board of Trustees meetings. The Board of Trustees shall receive no compensation for their services except for actual expenses incurred in attending upon meetings. Neither the treasurer nor the secre- tary shall have any vote upon matters pending before the board. The board shall hold two regular meetings in each year, one in the last week of the spring term in June and the other in the last week of the fall term, in December, but special meetings may be held at any time at the call of the Chairman of the Board. Sec. 29. Certificates Diplomas. Said board is hereby authorized to issue certificates and diplomas when any student completes a prescribed course of study in a satisfactory manner and the same shall have such force and effect as may be determined by the State Superintendent of Public Instruction to entitle the holder to teach in any of the schools of the county without further examination for the space of three years. Sec. 30. Morals. The board in their approved regulations, (the) principal in his supervision and government of the school, together with the superintendent, shall exercise a watchful guardianship over the morals of the pupils. Sec. 31. Districts maintaining high school grades exempt from county high school tax. Whenever the proper officers of any rural high 46 SCHOOL LAWS OF NEBRASKA Subdiv. 6. school or city or village high school shall certify to said board on or before the 15th day of June of each year that a course of study beyond the first eight grades has been prescribed for 'said school for the ensu- ing year then all of the property within said district or districts shall be ommitted from the levy of the tax for the support and maintenance of the county high school for the ensuing year. Sec. 32. Tuition free to residents of county. Tuition shall be free to all pupils residing in the county where the school is located but if at any time the school can accommodate more pupils than apply for admis- sion from the county in which the school is situated the board may ad- mit pupils from without the county upon the payment of such tuition as the board may prescribe. Such pupils, so admitted, shall be subject to the same rules as to discipline as are resident pupils. Sec. 33. Bonds. The Board of County Commissioners or the Board of Supervisors may borrow money upon bonds which they are hereby authorized and empowered to issue, for the purpose of purchasing a site and lands to be used for experiment purposes, erecting suitable buildings and furnishing -and equipping the same for such county high school. Such bonds to bear interest at a rate not exceeding six per centum per annum, * payable annually or semi-annually at such place as may be designated in sold bonds; which loan shall be paid and reimbursed in a period not exceeding thirty years from the date of the bonds. Said bonds may be made optional on any interest paying date. Provided that no bonds shall be issued until a petition signed by at least twenty-five qualified voters as defined in this act of each precinct or township of the county shall be presented to the County Board ask- ing that the question of issuing such bonds be submitted in such county, which petition shall set forth the amount to be voted, which amount *hall not exceed ten per cent of the assessed valuation of the taxable property of such high school district at the last completed assessment, the time the bonds are to run, rate of interest and purpose of issue. Upon the filing of such petition the County Board shall call an electiom in the county, notice of which election shall be given by at least twenty days' publication of the same in at least one newspaper published in the eounty and the posting of copies of the same in at least three public places in each township or precinct. The notices shall set forth th proposition in full and the time and place for holding such election in ach precinct or township. The vote shall be by bal-lot-and if a majority of ail the ballots cast at such election shall be in favor of the propositiom the County Board shall be empowered to issue and negotiate the bonds. The clerks and judges of election shall be those appointed to act at the general election. The returns of such election to be made to the County Board* and the County Board shall canvass and declare the result of such election. Said bonds to be signed by the Chairman of the County Board and the County Clerk and be attested by the seal of th Subdiv. 7. COUNTY SUPERINTENDENT 47 county, and when issued the same shall be sold in open market to the highest bidder for not less than their par value. Sec. 34. Voters, qualifications. Every person, male or female, who lias resided in the state six months and in the county forty days and in the precinct or township ten days, and is twenty-one years old, and who owns real or personal property that was assessed in the county in his or her name at the last annual assessment, or who has children of school age residing in the voting precinct of his or her residence, shall be entitled to vote on the questions of establishing a county high school, voting- bonds for the same, and all other questions relative to the county high school. Sec. 35. Location of county high school. Any city or village of the proper county may be a candidate for the location of said school, by the presentation of a petition to the County Board, having at least one hundred signatures of qualified electors as defined in . this act, but no elector shall append his name to more than one petition. Said peti- tions shall be so presented within a time to be fixed by the County Board that all places desiring to become candidates for the location of said high school shall be voted for at the same election. There shall be a separate notice posted at all polling places that shall specify the place* which are candidates in the election. The question of location of said high school shall be submitted -at the election for the issuing of bonds as set forth in section 33 of this act by a separate ballot. The place receiving the greatest number of votes shall be upon a due return and canvass held and declared by the Board of County Commissioners the place of location of said high school. SUBDIVISION VII. COUNTY SUPERINTENDENT. Section 1. Election, term. There shall be a county superintendent In each organized county, whose term of service shall be two years, an* who shall be elected at the same time and in the same manner as other county officers. No person shall be eligible to the office of county super- intendent who does not hold at least -a first grade county certificate issued in this state and in force at the time of his election. It shall be -th duty of the county clerk to notify the state superintendent of the ele- tion of the county superintendent at the. time .said election is "ascer- tained. The provisions of this act so far as the same relate to the SEC. 1. The law does not provide for a deputy county superintendent, anil action by such person is not legal. If the person elected county superintendent annot act, he should resign and allow another to be appointed. The power* and duties of the county superintendent of public instruction are derived en- ^.tirely ^rom the statute. He can exercise only such powers as are especially granted or incidentally necessary to carry the same into effect. Any proceed- ings on his part beyond the scope of his authority, or where he has no juris- diction, are absolutely void. 6 Neb., 539. 48 SCHOOL LAWS OF NEBRASKA Subdiv. 7, certificates of county superintendents shall not apply to counties having; less than 1,000 inhabitants. Sec. 2. Salary. The county commissioners, or a majority of them, present at the first regular session of each year, shall determine the- compensation to be paid to the county superintendent, but such compen- sation shall not be less than twelve hundred dollars per annum in coun- ties having a school population of four thousand or more; and not less- than one thousand dollars per annum in counties having a school popula- tion of twenty-five hundred and less than four thousand; -and not less- than eight hundred dollars per annum 'in counties having a school popula- tion of fifteen hundred and less than twenty-five hundred; and in coun- ties having a school population less than fifteen hundred, a per diem of not less than four dollars or more than five dollars for each day actually employed in the duties of his office, but the total compensation in this class shall not exceed eight hundred ($800.00) dollars per annum. The number of days necessary for the duties of his office shall be determined by the county superintendent, but the number of days so employed shall not be less tha'n two times the number of districts in such county, and one day for each precinct thereof for the examination o.f teachers. The superintendent shall file in the office of the county clerk a sworn state- ment of his account. Sec. 3. Visit schools. It shall be the duty of the county super- intendent to visit each of the schools of his county at least once in each year; to examine carefully into the discipline and modes of instruc- tion, and into the progress and proficiency of the pupils, and to make a record of the same, and to counsel with the teachers and district boards as to the course of study to be pursued, and for the improvement of the instruction and discipline of the school; to note the condition of the schoolhouse and appurtenances thereto, and to suggest a place for new schoolhouses to be erected, and for warming and ventilating the same, and the general improvement of the schoolhouse and grounds; to promote by public lectures and teachers' institutes, and by such other means as- he may devise for the improvement of the schools in his county, and the elevation of -the character and qualifications of the teachers thereof; to consult with the teachers and school boards to secure general and regular attendance of the children of his county upon the public schools. Sec. 4. Examination of applicants for admission to State Normal. The county superintendent shall at the time of his regular examination for the licensing of teachers on the third Saturday of April and on the third Saturday of July of each year and on such other day or days in said months as he may appoint, conduct an examination of applicants for admission to the state normal school located at Peru, Nebraska, or other normal schools that may be established. SEC. 2. When the compensation of the county superintendent has been fixed by the commissioners as provided by law, it remains unchanged until altered by the same board at the time prescribed by the statute. In effect July 9, 1903. Subdiv. 11. SCHOOL FUNDS 65 incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office. Sec. 16. Treasurer's duties Cash book Register. Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of the year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the acount for that year in such register, and shall carry forward the ex- cess. Sec. 17. FaUure to keep books Penalty. Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or, who shall fail to keep his cash book footed up from day to day, as required by this act, for the space of three days, shall for- feit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one- half to the school fund of the county in which such action is brought. Sec. 18. Inspection of books. The cash book, register, and re- tained receipts of every such treasurer, shall at all times be open to the in- spection of any person in whose name any warrants are registered and unpaid. Sec. 19. Failure to notify Penalty. Any treasurer who shall for the period of five days after moneys in amount sufficient to pay any reg- istered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent, on the amount of such warant, and ten per cent additional for every thirty days thereafter during which such failure shall continue. Sec. 20. Failure to register or pay Penalty. Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall go to the person bringing such action, and one-half to the school fund of the county in which such action is brought. Sec. 21. Duplicate for lost warrant. Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue war- rants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant. 66 SCHOOL LAWS OF NEBRASKA Subdiv. 11 shall be i&sued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security con- ditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original . by the treasurer upon whom the same is drawn, whether upon a genuine en- dorsement thereon or otherwise. Sec. 22. Investment of sinking fund. When any warrant issued by the proper authorities of any county, township, city, town, or school dis- trict shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the board of county commis- sioners, or supervisors of such county, to purchase and take up such reg- istered warrants with sinking funds in his hands and to hold such war- rants for the benefit of the fund so invested, till the same is paid in its order as provided by law. Sec. 23. Same. The board of county commissioners, or supervisors of any county in this state, .is hereby authorized to provide for the pur- chase and taking up of registered warrants, as provided for in section 1 of this act, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such county board the same shall be safe and expedient. Before so investing any sinking funds the county board shall fix and prescribe, and enter of record general directions and author- ity to such county treasurer, as to the funds to be so invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable; Provided, That not more than fifty per cent of the money so collected on any given sinking fund shall be so invested in warrants at any given time, and provided further, that when practicable the warrants drawn by any given authority shall be provided for as above from the sinking funds belonging to the organization issuing such war- rant, and of such provisions such county board shall give the treasurer notice. Sec. 24. Same Cities. The city council of any incorporated city of this state may make similar provision for the taking up of warrants out of the sinking funds in the hands of the city treasurer of such city, provided, that the warrants to be so purchased shall be limited to those of its own issue, or to those of any school district situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. Sec. 25. Same School districts The school board of any school district in this state is hereby authorized to direct the legal custodian of any of its sinking funds, to invest such sinking funds in the war- rants of such school district, in like manner as hereinbefore provided Subdiv. 12. SCHOOLHOUSE SITES 67 for, provided, that the investment of such school district sinking fund under this section shall be limited to the warrants of its own issue, and upon such direction of the school board, the custodian of such sinking funds shall proceed to take up the warrants of such school district as herein provided for. SUBDIVISION XII. SCHOOLHOUSE SITES. Section 1. Condemnation. If the owner of any real estate on which a school board may desire to locate a school hotisa, or which the school board needs for an extension of school grounds, refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint Ihree disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county , superintendent, giving amount of land and damages, with exact loca- tion of land, and who shall file and preserve the same in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services. Provided, however, that whenever it shall become necessary to appropriate private property for general school purposes in school districts in cities, and such appropriation shall be declared necessary by resolution of the board of education of a school district organized within the limits of a city which said resolution shall be con- clusive of the necessity for such appropriation, the county judge of the county in which said real estate may be situated, shall, upon the applica- tion of said board of education of such school district located in a city, appoint three disinterested free holders of the school district in which such real estate is situated, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality and after reasonable notice to the owners and parties interested in said property, the time and manner of said notice to be determined by the order of said county judge, shall assess the damages to. the owners of the prop- erty and parties interested therein respectively taken by such appropria- tion. Such assessment shall be reported in writing to the county judge of said county and if the same shall be confirmed by said board of education, the damages so assessed shall be paid to the owners of such property or deposited with the county judge of said county, subject to the order of such owner or owners, respectively, after which such property may at any time be taken for the use of the school district and said school district shall be entitled to the process of the court to place it into immediate possession of said property. If the assessment be not confirmed by the board of education, proceedings may be taken anew to assess the damages upon application of the board of education 68 SCHOOL LAWS OF NEBRASKA Subdiv. 12. for the appointment of other .and different appraisers, whereupon said county judge shall make an order of appointment of different appraisers and proceedings shall be had in like manner as herein provided for. Sec. 2. Costs. The school board shall pay the cost of this ap- praisement, and after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest. Provided, however, that property taken under the provisions of this act by school districts in cities shall vest a fee simple title in such school district. Sec. 3. Restrictions, When the land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and, all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence. Provided, however, that the provisions of this section shall not apply to school districts in cities. Sec. 4. Appeal. The owner of land thus taken may appeal to the district court, and such appeal shall be taken within sixty days and in the same manner and by the same proceedings as in cases of con- demnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave. Provided, however, that in the exercise of the right of eminent domain by school districts in cities, the owner of the land thus taken shall have the right to appeal from the assessment of damages to the district court of the county in which such property is situate within thirty days after the assessment provided for in this act and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the secretary of the board of education of such school district to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken and in no case shall said school district be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said free holders. The remedy by appeal herein allowed, shall be deemed and held to be exclusive. Upon appeal being taken by any person from any award or assessment of damages, the school district shall have the right, by giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeal shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeal such priority and precedence. The proceedings on appeal to the district court and for review by the Subdiv. 13. STATE NORMAL SCHOOLS 69 supreme court of the proceedings on appeal shall be similar to the pro- ceedings in like cases under the laws of the state which shall apply thereto so far as applicable. [Amended 1907.] g ec 5 site on school land. When it is desired to locate a school- house site on school land belonging to the state, the state' land com- missioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases. SUBDIVISION XIII. STATE NORMAL SCHOOLS. Section 1. Board of education. The state normal school shall be under the direction of a board of education, consisting of seven mem- bers, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall con- tinue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment of the governor. Sec. 2. Officers. The members of the board of education shall annually elect a president and a secretary from among their own num- ber, and the state treasurer shall be treasurer of the board by virtue of his office. Sec. 3. Record of secretary Report. It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made 'during the preceding years, vouchers for which shall be kept on file in the office of the secre- tary, and open ^ to the inspection of the governor, auditor, and members of the legislature. Sec. 4. Appointment of principal, teachers, and employees Re- moval. The said board shall have power to appoint a principal, assist- ant teachers, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a prin- cipal or an assistant during the time for which such persons were appointed. 'Sec. 5. Compensation. The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board. Sec. 6. Regular meetings. The board shall hold each year two regular meetings, the last week of the spring term in June, and the 70 SCHOOL LAWS OF NEBRASKA Subdiv. 13. last week of the winter term in Decembec, and such special meetings as may be found necessary. Sec. 7. Rules and regulations. The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the land. Sec. 8. Principal, chief executive officer. The principal shall be the chief executive officer of the school, and shall be responsible to the board for the control and management of the same. All teachers and other subordinates in said school shall be under the direction of the principal, subject to the general regulations of the board. Sec. 9. Morals. The board in their regulations, and the principal in his supervision and government of the school, shall exercise a watchful guardianship over the morals of the pupils; but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school. Sec. 10. Certificate. Any student of good moral character having completed the elementary course of the state normal schools of this state shall be granted an elementary state certificate by the board of educa- tion of the state normal schools, which shall be good for a term of not less than one year and not to exceed three, years from date of is- suance, at the discretion of the county superintendent of- the county in which the holder of such certificate shall teach. Any student complet- ing the higher course of study in a satisfactory manner shall be granted by the board of education of the state normal schools a diploma which shall be recognized as a first grade [state] certificate, which shall entitle the holder to teach in any of the schools of the state without further exam- ination for the space of three years. Any graduate of the higher course, who shall, after graduation, teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applica-nt taught, countersigned by the county superintendent of the proper county or counties, shall be granted by the board of educa- tion of the state normal schools an additional diploma which shall be recognized as a professional state certificate good for life. Provided, That any teacher producing satisfactory proof of three years' success- ful teaching previous to graduation in the higher course of study may receive such diploma upon graduation. Provided, That no life diploma shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit; unless said diplo- ma be endorsed by the state superintendent. Provided, That each holder of a certificate from the elementary course, or a diploma from the higher course, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said county. Subdiv. 13, JUNIOR NORMAL SCHOOLS 71 Sec. 11. Control of funds. All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease and sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein contained. The treasurer shall pay out of the proper funds all drafts for moneys to be expended under the provi- sions, of this subdivision, such orders or drafts to be drawn by the auditor on certificates by the secretary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting. Sec. 12. Endowment. All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school, and all the endowment fund hitherto derived from the sale of such lands, shall be, and the same is hereoy, confirmed as such endowment, to be forever used for this purpose. Sec. 13. Matriculation fee. Students, when entering the school for the first time, shall pay a matriculation fee of five dollars. The moneys thus received shall be paid into the .hands of the state treasurer, and shall be held as a library fund, and the board of education shall, from time to time, appropriate the same for the purchase of books for the normal school library. Sec. 14. Dormitory. All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of dormitory and the furniture of the same, whenever such repairs are needed. Sec. 15. Purpose. The exclusive purpose of this school is the training and instruction of persons, both male and female, in the art of teaching and managing schools, and in the principles and practice of the various branches of learning taught in our public schools. Sec. 16. Admission of pupils. The board shall make such rules and regulations for the admission of pupils to the school as may seem to be best for the interest of the school and not inconsistent with the pur- pose for which the school has been established. No pupil shall be admitted to said school or schools who does not possess at least a two years' high school education, or its equivalent, as outlined in the Nebraska High School Manual issued jointly by the University of Ne- braska and the state superintendent of public instruction. Provided, That nothing in this act shall apply to the Junior Normals or to the attendance at the summer term of the normals. [Amended 1907.] [Sections 17, 18 and 19, establishing a state normal school at Kear- ney, are omitted.] JUNIOR NORMAL SCHOOLS. [Amended 1907.] Sec. 20. Establishment. That there be and there hereby .are es- tablished in the State of Nebraska not less than five and not more than 12 SCHOOL LAWS OF NEBRASKA Subdiv. 13. eight junior normal schools at such time and places as are hereinafter designated. Sec. 21. Terms, time and places of holding. The terms and time of holding said junior normal schools shall be not less than six nor more than eight weeks between the first day of June and the first day of September of each year. Three of these junior normal schools shall be established ' and maintained in the public school districts of Alli- ance, McCook and Valentine, and at not more than five other places to be determined by the state superintendent of public instruction. In case epidemic sickness or the destruction of the school house shall render it impracticable in any one year to hold a junior normal school in any place where such school is established, the state superintendent of public instruction may locate it elsewhere for that year. At each place where a junior normal school is established the public school buildings, textbooks and apparatus of the public school district shall be placed at the service of the state, without cost, under the jurisdic- tion of the state superintendent of public instruction. In each county where a junior normal school is established not less than three-fourths of the entire institute fund shall be used by the state superintendent of public instruction toward defraying the expenses of such junior normal schools. No junior normal school shall be established in any county where the amount appropriated for the county institute fund by the county board is less than one hundred ($100) dollars each year. In each county where a junior normal school is located the county superin- tendent of such county shall, designate one week of the junior normal school as the institute week in and for his county. Any county super- intendent in a neighboring county to that in which a junior normal school is located may designate one week of the junior normal school as the institute week for his county. Sec. 22. Organization and management. The organization and management of said junior normal schools shall be under the jurisdic- tion of the state superintendent of public instruction, and he shall select the principals and the instructors for said schools, and shall make and complete all other arrangements for the successful operation of said schools. Sec. 23. Course of study, credit. The course of study pursued at said junior normal schools shall be the elementary course of the regularly prescribed courses of study for the state normal schools.^ Any student in regular attendance and pursuing and completing any of said studies in a satisfactory manner shall be granted a certificate to that effect signed by the principal of the junior normal school and the state super- tendent, which certificate shall entitle the holder to proper credit at the state normal schools and at all schools authorized by law to grant teachers' certificates. Any student in regular attendance at any junior normal school and pursuing and completing the prescribed elementary course of study of the state normal schools in a satisfactory manner shall be granted by the board of education of the state normal schools Subdiv. 13. NORMAL TRAINING IN HIGH SCHOOLS 73 an elementary state certificate of the same tenor and effect as the cer- tificate to teach issued to graduates from the elementary course of the state normal schools. NORMAL TRAINING IN HIGH SCHOOLS. [Approved April 10, 1907.] Section 24. Purpose. For the purpose of giving teachers an oppor- tunity to meet the requirements in normal training as provided in sec- tions 5548g and 5548h, chapter 79, Compiled Statutes of Nebraska for 1905, provision is hereby made for such training in the "high schools of Nebraksa. Sec. 25. State superintendent designates high schools, The state superintendent of public instruction shall designate the high schools in which such instruction shall be given, distributing them among the sixty-seven representative districts of the state, as nearly as well may be, having reference to the number of representatives in each, and to the location and character of the high schools selected. Sec. 26. Admission Regulations The state superintendent shall prescribe the conditions of admission to the normal training classes, the course of instruction, and the rules and regulations under which such instruction shall be given. Sec. 27. Requirements governing approval of high schools for nor- mal training. In approving a high school for normal training as con- templated in this act, the state superintendent shall be governed by the following general requirements: 1. A high school in order to be approved for normal training must ge a school accredited to the University of Nebraska. 2. At least two teachers exclusive of the city superintendent shall give their entire time to instruction in high school branches. 3. Normal training as provided in this act shall be given in the eleventh and twelfth grades. Credit for such training shall be given upon the completion of the prescribed course in normal training and the regular high school course of study. 4. The course in normal training shall be elective, and shall con- sist of the three following lines of study: (a) A review for at least nine weeks in each of the following sub- jects reading, grammar, arithmetic, and geography to be given not earlier than the tenth grade. This work snail include subject matter, underlying principles and methods of teaching, and should enable the student to approach the subject from the standpoint of teacher as well as that of student. It shall be given by well-trained, experienced teachers. (b) A study of American history for at least one semester in the eleventh or twelfth grade. (c) At least seventy-two periods of professional training to include a study of methods, school management, observation, work, etc., etc., to be given in the senior year by the city superintendent of schools or by a 74 SCHOOL LAWS OF NEBRASKA Subdiv. 13. member of the high school faculty recommended by him and approved by the state superintendent of public instruction. 5. Schools offering this course 'shall have a reference library of at least three volumes on each of the following fields of professional study history of education, principles of education, methods, and special training in industrial education, including agriculture. 6. In case elementary agriculture is not in the regular course of study it shall be required in the course in normal training. 7. Every high school approved for normal training shall instruct a class of not less than ten, and every scholar admitted to such class shall continue under instruction not less than eighteen weeks in order to be counted in such class. Sec. 28. Amount of state aid. The sum of seven hundred ($700.00) dollars for the biennium shall be zpaid from the appropriatiom provided 'herein to each school district in which a class of not less than ten is organized and instructed in accordance with the provisions of this act. Sec. 29. Expenses of inspection. The appropriation provided by this act for instruction in high schools of scholars in the science and prac- tice of common school teaching stall be deemed to include and shall in- clude due inspection and supervision of such instruction by the state su- perintendent of public instructions and the expenses of such inspection and supervision shall be paid out of said appropriation on vouchers cer- tified by the state superintendent. Sec. 30. Payment Secretary of board Warrants. The secretary of the board of education of ea^h school district meeting the require- ments for normal training as herein provided shall on or before the last Monday in June of each year make a report, under oath, to the state su- perintendent of public instruction showing how many scholars have met the minimum requirements for normal training as contemplated by this act. The state superintendent shall on or before the second Monday in July of each year apportion the money earned to each school that has fully complied with the requirements of this act. It shall be the duty of the state superintendent to certify the apportionment for the several school districts of the state to the state auditor, who shall draw warrants on the state treasurer in favor of the secretary of the board of education of the various school districts for the sums so specified by the state su- perintendent of public instruction. It shall be the duty of the state treas- urer to redeem each warrant drawn on him by the state auditor and to re- mit the same to the secretary of the board of education of the proper school district. Sec. 31. Appropriation. That there be and there hereby is appro- priated out of any moneys in the state treasury not otherwise appropri- ated the sum of fifty thousand ($50,000) dollars for the purpose of estab- lishing and maintaining normal training in high schools for the biennium ending March 31, 1909. Subdiv. 14. SCHOOLS IN CITIES 75 SUBDIVISION XIV. SCHOOLS IN CITIES. Section 1. General control. That the territory embraced within the corporate limits of each incorporated city in the state of Nebraska, or those hereafter incorporated as such (together with such additional territory and additions to said city, as may^be added- thereto), as de- clared by ordinance to be the boundaries of such city, having a popula- tion of more than fifteen hundred (1500) inhabitants, including such ad- jacent territory as now is, or hereafter may be attached for school pur- poses, shall constitute one school district, and be known by the name of "The school district of (name of city), in the county pf (name of county), in the state of Nebraska," and as such, in that came, shall be a body corporate and possess all the usual powers of a corporation for public purposes, and in that name and style may sue and be sued, purchase, hold, and sell such personal and real estate, and control such obligations as are authorized by law, and the title to all school buildings or other property, real or personal, owned by any school district within the cor- porate limits of any city, shall upon the organization of the district under the provisions of this subdivision, vest immediately in the new district; and the board of education, by this subdivision provided, shall have ex- clusive control of the same for all purposes herein contemplated; Pro- vided,That any territory not included within the corporate limits of any city, and containing territory or a number of children sufficient to con- stitute a school district under the provisions of this chapter, may, by pe- tition signed by at least a majority of the legal voters of such territory, and a majority of the board of education of such city, be, by the county superintendent, erected into a separate district under the conditions im- posed by this chapter. Sec. 2. Free schools. That all schools organized within the limits of said cities shall be under tha direction and control of the boards of education authorized by this subdivision. Such schools shall be free to all children between the ages of five and twenty-one years, whose parents or guardians live within the limits of said district, and all child- ren of school age non-residents of said district who are or may be by law allowed to attend said school without charge. Sec. 3. Board of education The boards of education contemplated by 'this subdivision shall consist of six members who shall be elected upon a general ticket from among tie legal voters who are tax payers at the time for holding the general city election in each year. At the first election in cities organized under this act two members shall be elected for the term of three years, two for two years, and two for one year, and annually thereafter two members shall be elected for three years and SEC. 1. Consolidation of district; payment of debts. 15 Neb., 4. Cited 10 Id., 12. See sections 5-8, subdivision 6. For schools In metropolitan cities see post, subdivision 17. 76 SCHOOL LAWS OF NEBRASKA Subdiv. 14. until their successors are elected and qualified and installed in office. Provided, That in cities of the first class having a population of less than forty thousand and more than five thousand inhabitants the board of education shall at the option of the school district consist of nine mem- bers who shall be qualified electors of said city, and shall be actual tax payers, who shall be elected at the times and hold their offices for the terms hereinafter prescribed, to-wit: At the first annual city election held after organizing under this act, three members shall be elected for the term of three years, three for two years, and three for one year, and annually thereafter their successors shall be chosen for the term of three years, and all members so elected shall serve until their successors are duly elected and qualified. Provided further That in cities of the first class, having a population of more than forty thousand and less than a hundred- thousand, the board of education shall consist of six members who shall be elected in manner following: At the general city election to be held in the year 1905, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. At the general city election to be held in the year 1907, and every six years thereafter, there shall be elected two members of said board of education for a term of six years. At the general city election to be held in the year 1909, and every six years thereafter, there shall be elected two members of said board of edu- cation for a term of six years. Provided, That incumbents in office whose terms expire subsequent to the general city election of said city for the year 1905, shall be privileged to continue in office until their successors are elected and qualified as herein provided; those whose terms shall first expire shall be super- seded by those first elected under the provisions of this act. Said mem- bers of the board of 'education shall enter upon the duties of their office on the first Tuesday succeeding their election. In event of a vacancy among the members of said board of education, said vacancy shall be filled by nomination by the mayor and confirmation by the city council, and such appointment shall continue for the unexpired term. Sec. 4. Election That the ballots for the election of members of the board of education, for authorizing the issuance of bonds, or the pur- chase of sites and erection of buildings, shall in all cases be deposited in boxes especially prepared for that purpose, and be received, and re- turns made by the regular election board; but the returns for the elec- tion of members shall be canvassed in the same manner as provided for in the case of city officers ; the returns for the . issuance of bonds, pur- chase of sites, and erection of buildings shall be made to and canvassed by the board of education. Sec. 5. Oath of office. That all persons elected as members of boards of education shall, on or before the first Monday of the month following their election, take and subscribe the usual oath of office. In case any person elected shall fail so to do, his election shall be void, and Subdiv. 14. SCHOOLS IN CITIES 77 the vacancy thereby occasioned shall be filled by the board as herein- after provided. Sec. 6. Meetings. That the regular meetings of the boards of edu- cation shall be held upon the first Monday of each month; but special meetings may be held from time to time, as circumstances may demand, and all meetings of the board shall be open to the public, unless other- wise specially ordered. Sec. 7. Officers Rules. That the boards of education shall have power to select their own officers and make their own rules and regu- lations subject to the provisions of this subdivision and of this act; but no member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his office. Sec. 8. Election of officers. The term of members elected shall be- gin with the first Monday in May succeeding their election each year, and the members of the board shall thereupon elect a president and vice- president from their own number, and a secretary either from 'their own number or outside, in the discretion of the board, and they shall determine the salary of such secretary not to exceed, however, $720.00 per annum, provided that the limitation of salary shall not apply to school districts comprising territory within the corporate limits of cities of the .first class having a population of more than 40,000 and less than 100,000. Each of said officers shall serve for the term of one year or until their successors are elected and qualified. They may also elect at any regular meeting one superintendent of public instruction with such salary as the board may deem best, and they may enter into contract with him in accordance with their discretion, for a term not to exceed three years. The election of the officers of the board, of the superintendent and teachers, and all elections for filling vacancies on the board shall be by ballot, and no per- son shall be declared elected except he receive the vote of a majority of all the members of the board. Sec. 9. President. That it shall be the duty of the president to preside at all meetings of the board, to appoint all committees whose appointment is not otherwise provided for, and to sign all warants ordered by the board of education to be drawn upon the city treasurer for school moneys. Sec. 10. Vice president. That it shall be the duty of the vice presi- dent to perform all the duties of the president in case of his absence or disability. Sec. 11. Secretary. That it shall be the duty of the secretary to be present at all meetings of the board, to keep an accurate journal of its proceedings, to take charge of its books and documents, to countersign all warrants for school moneys drawn upon the city treasurer by order of the board, to apply for and receive school funds from the county treasurer, or other person to whom such funds are payable by law, and deposit the 78 SCHOOL LAWS OF NEBRASKA Subdiv. 14. same with the treasurer of the board, and to perform all such other clerical duties as the board may require; and for his services he shall re- ceive such salary as the board may deem adequate. Sec. 12. Secretary's bond. That before entering upon the discharge. of his duties the secretary off the board shall give bonds in the sum of not Jess than one thousand dollars, to be determined by the board with good and sufficient sureties, and shall take and subscribe an oath or af- firmation before a proper officer, that he will suport the constitution of the state of Nebraska, and faithfully perform the duties of his office. Sec. 13. Treasurer. That- the city treasurer of such city shall be ex officio treasurer of the school district. He shall attend all meetings of the board when required eo to do, and he shall prepare and submit in writing a monthly report of the state of its finances, and he shall pay school moneys only upon warrants signed by the president of the board or, in his absence, by the vice president, and countersigned by the secretary. He shall give a bond payable to the county in such sum as may be fixed by the board of education, which bond shall be signed by one or more surety companies of recognized responsibility, and the cost of such bond shall be paid by the school district. Sec. 14. Property and funds. That within ten days after the per- manent organization of a board of education, as provided for in this sub- division, it shall be the duty of all officers of school districts within the limits of cities aforesaid to deliver to the officers of the board all prop- erty, funds, and papers entrusted to their care, for the use of the pub- lic schools of such cities, and all funds thus received shall be immediately paid to the treasurer of the board, and be by him placed to the credit of the school district provided by this subdivision. Sec. 15. Vacancies, how filled. That the boards of education shall have power to fill any vacancies which may occur in their body " from among the legal voters who are tax payers; Provided Vacancy filled by election. That any vacancy occurring more than ten days previous to the annual city elections, and leaving an unexpired term of more than one year, shall be filled at the first city election thereafter, and the ballots and returns shall be designated as follows: "To fill unexpired term." Sec. 16. Quorum. That a majority of all the members of each board of education shall constitute a quorum, but a less number in attendance at any regular meting shall have, and a quorum at any special meeting may have, power to compel the attendance of absent members, in such a man- ner, and under such penalities as such board shall see fit to prescribe; and the absence of any member from four consecutive regular meetings of the board unless on account of sickness or consent of the board, re moval from the district, or resignation accepted by the board shall va- cate his position on the board, and such vacancy shall be filled in accor- dance with the provisions of this subdivision. Sec. 17. Accounts audited. That all accounts shall be audited by Subdiv. 14. SCHOOLS IN CITIES 79 the secretary, approved by a committee, to be styled the committee on claims, and no expenditure greater than two hundred dollars shall be voted by the board, except in accordance with the provisions of a written contract; nor shall any money be appropriated out of the school fund, except on a recorded affirmative vote of a majority of all the members of the board, and said accounts and the records of said board in cities of the first class shall at all times be subject to the inspection and- examination of the auditor of such city, whose duty it shall be each month to examine said records and check said accounts and from time to time, as may be required by ordinance or resolution of the city council, report to said council the nature and state of said accounts, and any facts that may be required concerning said records. Sec. 18. Census. That the boards of education shall annually cause to be taken an enumeration of all persons between the ages of five and twenty-one years, residing in the district, who shall report the same, to- gether with such other information as required by sections one (12) and seventeen (17) of subdivision IV of this chapter, to the county superin- tendent of public instruction, at the time specified by law for like returns from other districts. Sec. 19. Teachers' certificates. That all persons making applica- tions, to boards of education as teachers in graded and high schools therein shall be required to produce a legal certificate given by some au- thority authorized to grant teachers' certificates or from an examining committee appointed by the board. And for such purpose the board of ed- ucation is authorized to appoint three competent persons, at such times as may be deemed expedient, who shall be styled "the examining com- mittee of the board of -education," and whose duty it shall be to examine ail persons who may apply to them as teachers, and teachers receiving such certificates setting forth that such person is competent to teach in the public schools of the city, and is a person of good moral character, shall be entitled to all the benefits arising from a certificate issued to any teacher under the laws of this state. Any certificate granted by such committee may be revoked by the board of education, for any reason which would have justified the withholding thereof when the same was granted, or for gross negligence of duty, incompetency, or immorality. Sec. 20. Contract with member illegal. It shall be unlawful for any member of the board of education to have any pecuniary interest, either directly or indirectly, in any contract for the erection of schoolhouses, or for warming, ventilating, furnishing, or repairing the same, or to be in any manner connected with the furnishing of supplies for the main- tenance of the schools. Sec. 21. Sale of district property. No school property of any kind belonging to any school district shall be sold by the board of education, except (upon an order passed) at a regular meeting of the same, and not then without an affirmative recorded vote of at least two-thirds of all the members of the board. 80 SCHOOL LAWS OF NEBRASKA Subdiv. 14 Sec. 22. Payment of debts of superseded districts. Each of the school districts provided for in section 1 of this subdivision shall have the power, and it shall be the duty of the board of education to provide for the payment of debts created by school districts or other school or- ganizations superseded by the districts herein provided for, when such debts shall have been incurred in the erection of schoolhousee, or for other school purposes; if any portion of such debts shall be "in the form of bonds, if issued for a valuable consideration, and in accordance with law, the validity of which has not been called in question, or if called in question have been declared by courts of last resort to be valid, the holder or holders thereof, on surrendering the same to said board, shall have the right to demand, and it shall be the duty of said board, in the name of the district created by this subdivision, to cause to be issued other bonds of like amount, of the same tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases where only a part of a district shall be embraced within the district created by this subdivision, whenever said fractional part shall petition and become a part^of said district, as provided for in section 1 of this subdivision. Provided Apportionment of indebtedness. The latter shaH assume and pay only such proportion of the debt of the divided district as the as- sessed valuation of the part taken therefrom shall bear to the assessed valuation of the part remaining. In case of a division of one or more school districts for the purpose of forming one school district within the limits of a city of the first class, it shall be the duty of the county su- perintendent of public instruction, the president of the board of education, and the director of the school district, to appraise and adjust all claims or assets in such a manner that each district shall bear its proportion of the indebtedness, as heretofore provided, and have its proportion of the assets of said district. Sec. 23. Estimate of funds needed. That the board of education shall annually, during the month of June, report to the county commis- sioners an estimate of the amount of funds required for the support of the schools during the fiscal year next ensuing, the amount of funds re- quired for the purchase of school sites, the erection of school buildings, the payment of interest upon all -bonds issued for school purposes, and the creation of a sinking fund for the payment of such indebtedness; and the county commissioners are hereby authorized and required to levy and collect the necessary amounts the same as other taxes; a duplicate of said certificate shall be filed by the board with the city council. Sec. 24. Limitation of taxation Bonds. That the aggregate school tax, exclusive of school bond taxes, shall in no one year exceed twenty- five mills. Provided that in cities of the first class having a population of more than forty thousand a school tax, exclusive of school bond taxes, SEC. 23. Cited 86 Neb., 263. Subdiv. 11. SCHOOL FUNDS 65 incorporated town, shall make duplicate receipts for all sums which shall be paid into his office, which receipts shall show the source from which such funds are derived, and shall by distinct lines and columns show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warants, or otherwise; one of which duplicates the treasurer shall deliver to the person making such payment, and the duplicate thereof he shall retain in his office. Sec. 16. Treasurer's duties Cash book Register. Every such treasurer shall daily, as moneys are received, foot the several columns of his cash book, and of his register, and carry the amounts forward, and at the close of the year, in case the amount of money received by such treasurer is insufficient to pay the warrants registered, he shall close the acount for that year in such register, and shall carry forward the ex- cess. Sec. 17. Failure to keep books Penalty. Any such treasurer who shall fail regularly to enter upon his cash book the amounts so received and receipted for, or, who shall fail to keep his cash book footed up from day to day, as required by this act, for the space of three days, shall for- feit for each offense the sum of one hundred dollars, to be recovered in a civil action on his official bond, by any person holding a warrant drawn on such treasurer, one-half to the person bringing such action, and one- half to the school fund of the county in which such action is brought. Sec. 18. Inspection of books. The cash book, register, and re- tained receipts of every such treasurer, shall at all times be open to the in- spection of any person in whose name any warrants are registered and unpaid. Sec. 19. Failure to notify Penalty. Any treasurer who shall for the period of five days after moneys in amount sufficient to p.y any reg- istered warrant in its order have been received, fail to mail notice thereof to the person registering such warrant, shall forfeit to such person ten per cent, on the amount of such warant, and ten per cent additional for every thirty days thereafter during which such failure shall continue. Sec. 20. Failure to register or pay Penalty. Any such treasurer, who shall fail to register any warrant, in the order of its presentation therefor, or shall fail to pay the same in the order of its registration, shall be liable on his official bond to each and every person, the payment of whose warrant or warrants is thereby postponed, in the sum of five hundred dollars, to be recovered in a civil action, one-half of which shall- go to the person bringing such action, and one-half to the school fund of the county in which such action is brought. Sec. 21. Duplicate for lost warrant. Whenever it shall be made to appear to the satisfaction of any officer, authorized by law to issue war- rants, that any warrant issued by him has been lost and destroyed, such officer shall have authority to issue a duplicate thereof, numbered the same as the original, with the word "duplicate" written or printed in red ink across the face thereof; Provided, That no such duplicate warrant 66 SCHOOL LAWS OF NEBRASKA Subdiv. 11 shall be issued until the party applying for the same shall make affidavit that he was the owner of the original warrant, and shall also file with such officer an indemnity bond with good and sufficient security con- ditioned to refund any money by him or his assigns received on such duplicate in case of presentation and payment of the original by the treasurer upon whom the same is drawn, whether upon a genuine en- dorsement thereon or otherwise. Sec. 22. Investment of sinking fund. When any warrant issued by the proper authorities of any county, township, city, town, or school dis- trict shall have been presented for payment and the same is not paid for want of funds, it shall be lawful for, and is hereby made the duty of such treasurer upon and under the direction of the board of county commis- sioners, or supervisors of such county, to purchase and take up such reg- istered warrants with sinking funds in his hands and to hold such war- rants for the benefit of the fund so invested, till the same is paid in its order as provided by law. Sec. 23. Same. The board of county commissioners, or supervisors of any county in this state, is hereby authorized to provide for the pur- chase and taking up of registered warrants, as provided for in section 1 of this act, out of the sinking funds in the hands of the county treasurer, whenever in the judgment of such county board the same shall be safe and expedient. Before so investing any sinking funds the county board shall fix and prescribe, and enter of record general directions and author- ity to such county treasurer, as to the funds to be so invested, specifying the funds to be so invested, the kind and amount of warrants to be so invested in, and in so doing shall, as far as the same may be practicable, continue to invest the sinking fund which shall last become due and payable; Provided, That not more than fifty per cent of the money so collected on any given sinking fund shall be so invested in warrants at any given time, and provided further, that when practicable the warrants drawn by any given authority shall be provided for as above from the sinking funds belonging to the organization issuing such war- rant, and of such provisions such county board shall give the treasurer notice. Sec. 24. Same Cities* The city council of any incorporated city of this state may make similar provision for the taking up of warrants out of the sinking funds in the hands of the city treasurer of such city, provided, that the warrants to be so purchased shall be limited to those of its own issue, or to those of any school district situated mainly or wholly within the boundaries of such city, and upon notice given of such direction, it shall be the duty of such treasurer to so take up such warrants. g ec 25. Same School districts The school board of any school district in this state is hereby authorized to direct the legal custodian of any of its sinking funds, to invest such sinking funds in the war- rants of such school district, in like manner as hereinbefore provided Subdiv. 12. SCHOOLHOUSE SITES 67 for, provided, that the investment of such school district sinking fund under this section shall be limited to the warrants of its own issue, and upon such direction of the school board, the custodian of such sinking funds shall proceed to take up the warrants of such school district as herein provided for. SUBDIVISION XII. SCHOOLHOUSE SITES. Section 1. Condemnation. If the owner of any real estate on which a school board may desire to locate a school house; or which the school board needs for an extension of school grounds, refuses or neglects to grant the site on his or her premises, or if such owner cannot be found, the county superintendent shall appoint three disinterested persons, none of whom shall be residents of the district, whose duty it shall be, after taking an oath to faithfully discharge the duties imposed on them by this subdivision, to inspect such real estate and assess the damages which such owner shall sustain by the appropriation of his land for the use of said house and school, and make a report to said county superintendent, giving amount of land and damages, with exact loca- tion of land, and who shall file and preserve the same in his office. Each person acting as such appraiser shall receive the sum of two dollars per day for his services. Provided, however, that whenever it shall become necessary to appropriate private property for general school purposes in school districts in cities, and such appropriation shall be declared necessary by resolution of the board of education of a school district organized within the limits of a city which said resolution shall be con- clusive of the necessity for such appropriation, the county judge of the county in which said real estate may be situated, .shall, upon the applica- tion of said board of education of such school district located in a city, appoint three disinterested free holders of the school district in which such real estate is situated, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality and after reasonable notice to the owners and parties interested in said property, the time and manner of said notice to be determined by the order of said county judge, shall assess the damages to the owners of the prop- erty and parties interested therein respectively taken by such appropria- tion. Such assessment shall be reported in writing to the county judge of said county and if the same shall be confirmed by said board of education, the damages so assessed shall be paid to the owners of such property or deposited with the county judge of said county, subject to the order of such owner or owners, respectively, after which such property may at any time be taken for the use of the school district and said school district shall be entitled to the process of the court to place it into immediate possession of said property. If the assessment be not confirmed by the board of education, proceedings may be taken anew to assess the damages upon application of the board of education 68 SCHOOL LAWS OF NEBRASKA Subdiv. 12. for the appointment of other and different appraisers, whereupon said county judge shall make an order of appointment of different appraisers and proceedings shall be had in like manner as herein provided for. Sec. 2. Costs. The school board shall pay the cost of this ap- praisement, and after paying to the owner of the land the amount of damages assessed may enter upon and occupy the land as long as the district desires, to use it for district purposes; but should the same cease to be used for school purposes it will revert back to the owner of the fee simple of the land from which it was taken on the payment by him of the amount originally paid for the land without interest. Provided, however, that property taken under the provisions of this act by school districts in cities shall vest a fee simple title in such school district. Sec. 3. Restrictions. When the land is thus taken without the consent of the owner, it shall not be more in amount than one acre, and all orchards, gardens, public parks, shall not be liable to be thus taken, nor shall land be taken within twenty rods of any residence. Provided, however, that the provisions of this section shall not apply to school districts in cities. Sec. 4. Appeal. The owner of land thus taken may appeal to the district court, and such appeal shall be taken within sixty days and in the same manner and by the same proceedings as in cases of con- demnation by a railroad company for right of way, but the school board shall not be liable for costs of appeal unless the court grant greater damages than the committee of appraisement gave. Provided, however, that in the exercise of the right of eminent domain by school districts in cities, the owner of the land thus taken shall have the right to appeal from the assessment of damages to the district court of the county in which such property is situate within thirty days after the assessment provided for in this act and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof duly certified to the secretary of the board of education of such school district to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken and in no case shall said school district be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said free holders. The remedy by appeal herein allowed, shall be deemed and held to be exclusive. Upon appeal being taken by any person from any award or assessment of damages, the school district shall have the right, by giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeal shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeal such priority and precedence. The proceedings on appeal to the district court and for review by the Subdiv. 13. STATE NORMAL SCHOOLS 69 supreme court of the proceedings on appeal shall be similar to the pro- ceedings in like cases under the laws of the state which shall apply thereto so far as applicable. [Amended 1907.] Sec 5. Site on school land. When it is desired to locate a school- house site on school land belonging to the state, the state land com- missioner is hereby authorized to sell to the district not less than one nor more than four acres, and give a deed to the district in fee simple in the name of the state as in other cases. SUBDIVISION XIII. STATE NORMAL SCHOOLS. Section 1. Board of education. The state normal school shall be under the direction of a board of education, consisting of seven mem- bers, five of whom shall be appointed by the governor for a term of five years each, and the state treasurer and the state superintendent of public instruction shall by virtue of their office be members of said board; Provided, That the present appointed members of the board shall con- tinue to hold their several offices till the limit of the time for which they were appointed. All vacancies occurring in the board shall be filled by appointment of the governor. Sec. 2. Officers. The members of the board of education shall annually elect a president and a secretary from among their own num- ber, and the state treasurer shall be treasurer of the board by virtue of his office. Sec. 3. Record of secretary Report. It shall be the duty of the secretary to keep an exact and detailed account of the doings of the board, and on the first day of January of each year he shall transmit to the governor a report of all expenditures made during the preceding years, vouchers for which shall be kept on file in the office of the secre- tary, and open to the inspection of the governor, auditor, and members of the legislature. Sec. 4. Appointment of principal, teachers, and employees Re- moval. The said board shall have power to appoint a principal, assist- ant teachers, and such other employees as may be required, to fix their compensation and prescribe their duties. They shall have power to remove all persons appointed by them, provided that the affirmative votes of four members of the board shall be necessary to remove a prin- cipal or an assistant during the time for which such persons were appointed. 'Sec. 5. Compensation. The board of education shall receive no compensation for their services, but shall be reimbursed actual expenses incurred in attending upon meetings of the board. Sec. 6. Regular meetings. The board shall hold each year two regular meetings, the last week of the spring term in June, and the 70 SCHOOL LAWS OF NEBRASKA Subdiv. 13. last week of the winter term in December,, and such special meetings as may be found necessary. Sec. 7. Rules and regulations. The board shall adopt all needful rules and regulations for the careful preservation of the buildings, furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the land. Sec. 8. Principal, chief executive officer. The principal shall be the chief executive officer of the school, and shall be responsible to the board for the control and management of the same. All teachers and other subordinates in said school shall be under the direction of the principal, subject to the general regulations of the board. Sec. 9. Morals. The board in their regulations, and the principal in his supervision and government of the school, shall exercise a watchful guardianship over the morals of the pupils; but no religious or sectarian test shall be applied in the selection of teachers, and none shall be adopted in the school. Sec. 10. Certificate. Any student of good moral character having completed the elementary course of the state normal schools of this state shall be granted an elementary state certificate by the board of educa- tion of the state normal schools, which shall be good for a term of not less than one year and not to exceed three years from date of is- suance, at the discretion of the county superintendent of the county in which the holder of such certificate shall teach. Any student complet- ing the higher course of study in a satisfactory manner shall be granted by the board of education of the state normal schools a diploma which shall be recognized as a first grade [state] certificate, which shall entitle the holder to teach in any of the schools of the state without further exam- ination for the space of three years. Any graduate of the higher course, who shall,' after graduation, teach two annual terms of school of not less than six months each, or their equivalent, and shall produce a certificate of good moral conduct and satisfactory discharge of professional duties from the board or boards of directors of the district or districts in which the applicant taught, countersigned by the county superintendent of the proper county or counties, shall be granted by the board of educa- tion of the state normal schools an additional diploma which shall be recognized as a professional state certificate good for life. Provided, That any teacher producing satisfactory proof of three years' success- ful teaching previous to graduation in the higher course of study may receive such diploma upon graduation. Provided, That no life diploma shall be in force after its holder shall permit a space of three years to lapse without following some educational pursuit; unless -said diplo- ma be endorsed by the state superintendent. Provided, That each holder of a certificate from the elementary course, or a diploma from the higher course, shall, before he begins to teach, register the same in the office of the county superintendent of the county in which he shall teach, and for such registration he shall pay a fee of one dollar, which shall go into the institute fund of said county. Subdiv. 13. JUNIOR NORMAL SCHOOLS 71 Sec. 11. Control of funds. All funds appropriated for the use and benefit of the normal school, together with the income arising from the lease ancl sale of the endowment lands belonging to said school, shall be under the direction and control of said board of education, subject to the provisions herein- contained. The treasurer shall pay out of the proper funds all drafts for moneys to be expended under the provi- sions of this subdivision, such orders or drafts to be drawn by the auditor on certificates by the secretary, countersigned by the president of the board. No such certificates shall be given except upon accounts audited and allowed by the board in open meeting. Sec. 12. Endowment. All the lands remaining unsold of the twenty sections heretofore appropriated as an endowment fund for the state normal school, and all the endowment fund hitherto derived from the sale of such lands, shall be, and the same is hereby, confirmed as such endowment, to be forever used for this purpose. Sec. 13. Matriculation fee. Students, when entering the school for the first time, shall pay a matriculation fee of five dollars. The moneys thus received shall be paid into the hands of the state treasurer, and shall be held as a library fund, and the board of education shall, from time to time, appropriate the same for the purchase of books for the normal school library. Sec. 14. Dormitory. All moneys received for the use of rooms in the dormitory shall be expended by the board in repairs of dormitory and the furniture of the same, whenever such repairs are needed. Sec. 15. Purpose. The exclusive purpose of this school is the training and instruction of persons, both male and female, in the art of teaching and managing schools, and in the principles and practice of the various branches of learning taught in our public schools. Sec. 16. Admission of pupils. The board shall make such rules and regulations for the admission of pupils to the school as may seem to be best for the interest of the school and not inconsistent with the pur- pose for which the school has been established. No pupil shall be .admitted to said school or schools who does not possess at least a two years' high school education, or its equivalent, as outlined in the Nebraska High School Manual issued jointly by the University of Ne- braska and the state superintendent of public instruction. Provided, That nothing in this act shall apply to the Junior Normals or to the attendance at the summer term of the normals. [Amended 1907.] [Sections 17, 18 and 19, establishing a state normal school at Kear- ney, are omitted.] JUNIOR NORMAL SCHOOLS. [Amended 1907.] Sec. 20. Establishment. That there be and there hereby are es- tablished in the State of Nebraska not less than five and not more than 72 SCHOOL LAWS OF NEBRASKA Subdiv. 13 eight junior normal schools at such time and places as are hereinafter designated. Sec. 21. Terms, time and places of holding. The terms and time of holding said junior normal schools shall be not less than six nor more than eight weeks between the first day of June and the first day of September of each year. Three of these junior normal schools shall be established and maintained in the public school districts of Alli- ance, McCook and Valentine, and at not more than five other places to be determined by the state superintendent of public instruction. In case epidemic sickness or the destruction of the school house shall render it impracticable in any one year to hold a junior normal school in any place where such school is established, the state superintendent of public instruction may locate it elsewhere for that year. At each place where a junior normal school is established the public school buildings, textbooks and apparatus of the public school district shall be placed at the service of the state, without cost, under the jurisdic- tion of the state superintendent of public instruction. In each county where a junior normal school is established not less than three-fourths of the entire institute fund shall be used by the state superintendent of public instruction toward defraying the expenses of such junior normal schools. No junior normal school shall be established in any county where the amount appropriated for the county institute fund by the county board is less than one hundred ($100) dollars each year. In each county where a junior normal school is located the county superin- tendent of such county shall designate one week of the junior normal school as the institute week in and for his county. Any county super- intendent in a neighboring county to that in which a junior normal school is located may designate one week of the junior normal school as the institute week for his county. Sec. 22. Organization and management. The organization and management of said junior normal schools shall be under the jurisdic- tion of the state superintendent of public instruction, and he shall select the principals and the instructors for said schools, and shall make and complete all other arrangements for the successful operation of said schools. Sec. 23. Course of study, credit. The course of study pursued at said junior normal schools shall be the elementary course of the regularly prescribed courses of study for the state normal schools. Any student in regular attendance and pursuing and completing any of said studies in a satisfactory manner shall be granted a certificate to that effect signed by the principal of the junior normal school and the state super- tendent, which certificate shall entitle the holder to proper credit at the state normal schools and at all schools authorized by law to grant teachers' certificates. Any student in regular attendance at any junior normal school and pursuing and completing the prescribed elementary course of study of the state normal schools in a satisfactory manner shall be granted by the board of education of the state normal schools Subdiv. 13. NORMAL TRAINING IN HIGH SCHOOLS 73 an elementary state certificate of the same tenor and effect as the cer- tificate to teach issued to graduates from the elementary course of the state normal schools. NORMAL TRAINING IN HIGH SCHOOLS. [Approved April 10, 1907.] Section 24. Purpose. For the purpose of giving teachers an oppor- tunity to meet the requirements in normal training as provided in sec- tions 5548g and 5548h, chapter 79, Compiled Statutes of Nebraska for 1905, provision is hereby made for such training in the high schools of Nebraksa. Sec. 25. State superintendent designates high schools. The state superintendent of public instruction shall designate the high schools in which such instruction shall be given, distributing them among the sixty-seven representative districts of the state, as nearly as well may be, having reference to the number of representatives in each, and to the location and character of the high schools selected. Sec. 26. Admission Regulations The state superintendent shall prescribe the conditions of admission to the normal training classes, the course of instruction, and the rules and regulations under which such instruction shall be given. Sec. 27. Requirements governing approval of high schools for nor- mal training. In approving a high school for normal training as con- templated in this act, the state superintendent shall be governed by the following general requirements: 1. A high school in order to be approved for normal training must ge a 'school accredited to the University of Nebraska. 2. At least two teachers exclusive of the city superintendent shall give their entire time to instruction in high school branches. 3. Normal training as provided in this act shall be given in the eleventh and twelfth grades. Credit for such training shall be given upon the completion of the prescribed course in normal training and the regular high school course of study. 4. The course in normal training shall be elective, and shall con- sist of the three following lines of study: (a) A review for at least nine weeks in each of the following sub- jects reading, grammar, arithmetic, and geography to be given not earlier than the tenth grade. This work snail include subject matter, underlying principles and methods of teaching, and should enable the student to approach the subject from the standpoint of teacher as well as that of student. It shall be given by well-trained, experienced teachers. (b) A study of American history for at least one semester in the eleventh or twelfth grade. (c) At least seventy-two periods of professional training to include a study of methods, school management, observation, work, etc., etc., to be given in the senior year by the city superintendent of schools or by a iOHOOL LAWS OF NEBRASKA Subdiv. 13. -e high school faculty recommended by him and approved by the .dte superintendent of public instruction. 5. Schools offering this course shall have a reference library of at least three volumes on each of the following fields of professional study history of education, principles of education, methods, and special training in industrial education, including agriculture. 6. In case elementary agriculture is not in the regular course of study it shall be required in the course in normal training. 7. Every high school approved for normal training shall instruct a class of not less than ten, and every scholar admitted to such class shall continue under instruction not less than eighteen weeks in order to be counted in such class. Sec. 28. Amount of state aid. The sum of seven hundred ($700.00) dollars for the biennium shall be Dald from the appropriation provided herein to each school district in which a class of not less than ten is organized and instructed in accordance with the provisions of this act. Sec. 29. Expenses of inspection. The appropriation provided by this act for instruction in high schools of scholars in the science and prac- tice of common school teaching stall be deemed to include and shall in- clude due inspection and supervision of such instruction by the state su- perintendent of public instruction and the expenses of such inspection and supervision shall be paid out of said appropriation on vouchers cer- tified by the state superintendent. Sec. 30. Payment Secretary of board Warrants. The secretary of the board of education of eaol to city district organization The school law is rather indefinite in setting forth the steps necessary to change from a High school district to the city district ; bat from the latter part of the provision in serction 3,. subdivision 14, all that is necessary is for the mayor to give public notice to the electors of the district of the number of persons who shall ba chosen by them as members of the bDard of education for the school district at the ensuing annual election of city officers XI. SCIENTIFIC TEMPERANCE INSTRUCTION. When and where taught. The instruction in this subject is often unwisely distributed throughout the course, and any change of sentiment or opinion against the use of alcohol seems entirely disproportionate to the outlay of time and effort that has bsen made. There is frequent 112 SCHOOL LAWS OF NEBRASKA. and unnecessary repetition, and diminished interest and dislike of the subject are prevalent. Text-book instruction could, with profit to the cause and to the school, be limited to the higher grammar grades. The use of charts in common schools showing morbid physiological conditions is generally condemned. XII. THE TEACHER. Not an officer. (1896.) The teacher in one of the free schools in an ordinary district is not a public officer. (State, ex rel. Lewellen v. Smith, 49 Neb., 755, 69 N. W., 114.) Employment, rural district. (1882.) The statute specially author- izes the director of a school district to employ teachers either with the assent of the moderator and treasurer, or one of them, or by tti3ir di- rection if he shall not concu'r. A contract with a teacher, therefore entered into on behalf of the district !>y the director and treasurer, with- out the assent of, or notice to the moderator is valid. (Russel v. State, ex rel, Armour, 13 Neb., 68, 12 N. W., 829.) Citations. Martin v. State, 23 Neb., 384, 36 N. W., 554; Mont- gomery v. State, 35 Neb., 659, 53 N. W., 568; State v. Smith, 57 Neb., 48, 77 N. W., 384. Employment, high school district. In a board of six members it requires the affirmative vote of four members to elect teachers, fill va- cancies in the membership of the board and make any appropriation of money. Discharge of. (1877.) The district school .board is specially inves- ted by the statutes with the general care and management of the school and the employment of teachers; and, as an incident to these powers, has a right to discharge a teacher for incompetency, or for any other sufficient cause, at the will and pleasure of a majority of its members. Maxwell J., dissenting. (Bays v. State, 6 Nfeb., 167.) Citations. Vallery y. State, 42 Neb., 127. 60 N. W., 347; State v. Smith, 49 Neb., 759, 69 N. W., 114; Wallace v. School Dist, 50 Neb. r 174, 175, 69. N. W., 772. (1877). The authority to terminate the employment of a teacher, in the absence of an express provision on the subject, should be held to- reside with those whose duty it is to represent the district, and who are directly responsible for the successful management of the school, viz., tke school board. (Bays v. State, 6 Neb., 167.) Citation. Vallery v. State, 42 Neb., 127, 60 N. W., 347. (1897.) In the absence of a stipulation in the contract to the con- trary, under the existing statute, a qualified teacher cannot be dis- charged at the pleasure of the district, but only where just cause exists therefor. (Wallace v. School Dist., 50 Neb., 171, 69 N. W., 772.) (1897.) If a teacher duly employed in the public schools for a speci- fied period is dismissed by the school board prior to the expiration of the term of employment, without being shown to be incompetent, or for OFFICIAL DECISIONS il3 other good reasons, the district is liable therefor. (Wallace v. School Dist., 50 Neb., 171, 69 N. W., 772.) Compensation. (1882) A proper certificate of qualification is es- sential to warrant a school board in paying a teacher from the public school funds. The prohibition of the statute, however, is upon the dis- trict board, and not upon the teacher; and where during a part of a term, the teacher was without a certificate, notwithstanding which pay- ment for the time was made, in an action to recover wages due for the last month of the term, during all of which the teacher had a certificate, held, that the amount so paid could not be set off against what was due for the last month. (School Dist. v. Estes/ 13 Neb., 52, 13 N. W., 16.) (1882.) Where a school teacher is employed by contract for a given number of months, and fails to perform her duties during a part of the stipulated period, through no fault of her own, but through the fault of the school officers, she being at all times able and willing to perform, she is entitled to the same compensation during such part as though she had kept the school. (School Dist. v. Estes, 13 Neb., 52, 13 N. W., 16.) (1891.) In an action against a school district for an alleged breach of contract of employment the answer was a general denial. There was no proof tending to show that the defendant had not derived an income from other business than that of teaching during the eixstence of the al- leged contract. Held, that an instruction that "the plaintiff, if lie is en- titled to recover at all, will be entitled to recover as damages the agreed wages or salary for the whole period, being one thousand dollars for the school year," was not applicable to the testimony. School Dist. v. Poster, 31 Neb., 501, 48 N. W., 267.) Rules and Regulations. (1892) A rule which makes it the duty of a teacher to keep a record of the standing of each pupil in the studies pursued by him, of his attendance and deportment, to send each month by the pupil a written report of the same to his parent or guardian, and which requires such parent or guardian to sign and return the same to the teacher, is a reasonable one. (Bourne v. State, ex rel. Taylor, 35 Neb., 1, 52 N. W., 710.) Citation. Jackson v. State, 57 Neb., 188, 77 N. W., 662. Substitute. A teacher has no right to place a substitute in his school without being authorized to do so by the district board. However, it would be within the authority of the district board to ratify such an ac- tion of a teacher in case of an emergency, providing that the substitute be a legally qualified teacher. A teacher under contract with a district could not properly demand of the district payment for the services ren- dered by a substitute appointed by him without authority. However, in case the substitute, a legally qualified teacher, were permitted, with- the knowledge of the district board, to teach the school, said substitute would have a valid claim against the district for the value of the ser- vices rendered by him. Wages continue, when. See Closing School. 114 SCHOOL LAWS OF NEBRASKA XIII. TEXT BOOKS. Funds for purchase. Text-books may be paid for out of any funds on hand belonging to the general fund, to the incidental fund, or to a fund especially provided for this purpose. Includes supplies. In passing upon the constitutionality of the free text-book law, in discussing the word "supplies" the following language Is used by the judge rendering the decision: "We do not think the term 'text-books' should be given a technical meaning, but that it is compre- hensive enough and does include globes, maps, charts, pens, ink, paper, etc., and all other apparatus and appliances which are proper to be used In the school in instructing the youth, and we conclude, therefore, that the act under consideration is not broader than its title, and that the term 'school supplies' found in the tenth section of the act is not foreign to the term 'text- books' found in the title of the act, but is germane to and comprehended and included within the term 'text-books.' " Loaning books. The law provides that text-books shall be loaned to pupils while pursuing a course of study in the schools. It is the duty of the board of education to place books at the disposal of pupils who need to study in the evenings. If, however, in the judgment of the teacher and the board, pupils of certain classes cannot study profitably outside of school hours, it is proper to place reasonable restrictions upon the use of books at home by such pupils or classes. It is not within the authority of the school board to loan text-books, which are the property of the dis- trict, to be used in schools held outside the district. Must furnish. Subdivision 18 of the School Laws is mandatory, and It is not within the authority of the annual district meeting to vote not to airnish text-books; and under this law any patron of the district, by tlUx proper legal proceedings, could compel the district board to furnish his children, pupils in the school, the necessary text-books, notwith- standing any action or failure to act on the part of the district meeting. Some patron of the district should apply to the district court in behalf of the district for a writ of mandamus to compel the board to furnish to the children of the district the necessary text-books. See the case of Ambrose Affholder et al. v. State of Nebraska, ex rsl. Peter McMullen, 61 Neb., 91. In this case, in the district court of Burt countyj Peter Mc- Mullen made application for a peremptory writ of mandamus to compel Ambrose Affholder and others constituting the school board of district No. 58 of said county to purchase and furnish to the children of school age of eaid district the necessary text-books in accordance with the free text-book law. An alternative writ was issued, and for a return thereto the school Iboard interposed the defense that saitl act was unconstitutional. The writ was issued as prayed, and the school board appealed the case to the supreme court. The supreme court sustained the district court. A writ of mandamus will not issue where it is not within 'the power of the re- spondent lawfullly to comply, or where it would otherwise be unavailing. 46 Neb., 857. OFFICIAL DECISIONS 115 Pupils responsible for. Section 9, subdivision IS, of the School Laws provides that all books purchased by the district board shall be held as tho propoi-'V of the district and loaned to pupils of the school while pur- sum-? a course of study therein, free of charge; but the district board shall hold such pupils responsible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. XIV. TRANSFER. Annual meeting has no power. The transfer of pupils provided for in section 4a, subdivision 5, of the School Laws, is made entirely independent of any action of the annual district meeting of either district affected. In other words, the annual district meeting has no power to authorize or prevent such transfer. Application. The application for transfer must be made not later than the annual meeting. The county superintendent may notify the di- rectors a little later, but the county superintendent should be notified by the applicant not later than the annual meeting in order that the transfer may be legally made. Apportionment. Children transferred to an adjoining district under section 4a, subdivision 5, are included in the census of said adjoining dia- trict and their share of the apportionment is paid to such district. There is no statutory provision authorizing the payment of a pupil's share of the state apportionment to the credit of any district other than that in which said pupil is enumerated. Attend nearest school. Pupils transferred from one district to another under section 4a, subdivision 5, should attend the nearest school of the adjoining district. Cannot be re-transferred. When a transfer has been made under sec- tion 4a, subdivision 5, it becomes a matter of record. The reports from the two districts are made up on the basis of the change, the school ap- portionment is made out on that basis, the taxes of the party have been transferred and there seems to be no way by which he may be retrana- ferred until the next annual meeting. Cannot be transferred to a second party. In case a renter, who hai his children and taxes transferred to an adjoining district under 'section 4a, subdivision 5, removes from the district, and another renter occupies the residence vacated by the former, the second renter would have free school privileges only in the district of his residence. Change of site. If a transfer was made before a change of site was ordered by the annual meeting, when the reasons for granting such trans- fer were modified by such change of site, such a transfer would become null and void. Director cannot reject transferred pupils. The law makes no pro- 116 SCHOOL LAWS OF NEBRASKA vision for the director of an adjoining district to reject pupils who are transferred under the provisions of section 4a, subdivision 5. Measuring distance. The distances spoken of in section 4a, subdivi- sion 5, are to be measured by the shortest route possible upon section lines or roads open to the public. Section lines are not recognized as roads within the meaning of section 4a until they have been declared open by the county board. If the section line is not open to the public, it is not to be taken into account in measuring the distance. Whenever the public generally is permitted to travel over a certain road without objection or hindrance by the owner of the land, and the road is used to some extent in that way, such a road is a "traveled road open to the public" within the meaning of section 4a. Railroad bed does not transfer. Where a tract of land upon which there is a railroad bed is transferred under the provisions of section 4a, subdivision 5, school laws, the taxes accruing from such railroad bed do not transfer. Renter. A renter is entitled to the privileges mentioned in section 4a, subdivision 5. The county clerk is empowered, and it is made his duty, to place the school taxes (except for the payment of existing bonds or interest on the same) of the said parents or guardians and of the real estate on which they reside, not exceeding a quarter section of land, for the year next ensuing in the said adjoining district instead of the district of their residence. Note that it is all the taxes of said parents or guard- ians including the taxes of the real estate on which said parents or guardians reside, notwithstanding the fact that they may be living on land which does not belong to them. Revocation. The county superintendent would have authority to re- voke i. transfer to a nearer school under section 4a, subdivision 5, if upon investigation he finds the conditions do not comply with the law. If it is granted upon misrepresentation, it is his duty to revoke the transfer. Signatures to petition. In case a party who desires to be transferred under section 4a, subdivision 5, cannot secure signatures to his petition, there seems to be no way in which the transfer can be made. Voter. Parents or guardians of the pupils so transferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. XV. VACCINATION. Compulsory. There is no express statute in this state making vacci- nation compulsory or imposing it as a condition upon the privilege of at- ^ending our public schools, neither have we a supreme court decision bearing upon this particular point. Our supreme court has decided, how- ever, that a school board has the power to adopt and enforce appropriate and reasonable rules and regulations for the government and management of the school under its control. The question of the right of a school OFFICIAL DECISIONS 117 board to exclude pupils from school if they are not vaccinated has been passed upon by the supreme court of Michigan. The decision rendered is to the effect that a standing rule prohibiting unvaecinated pupils from attending school could not be established, though temporarily during an epidemic the board may exclude persons who have not been vaccinated. The supreme court of Indiana has held that a local board of health has power to require that no unvaccinated child be allowed to attend the public school during the continuance of a threatened smallpox epidemic. Under the existing statutes of Nebraska and in the- light of these supreme court decisions, it is the ruling of this department that a stand- ing rule prohibiting unvaccinated pupils from attending school could not l>e enforced, though temporarily during an epidemic of smallpox, the board may exclude persons who have not been vaccinated. XVI. VOTERS. Alien. See Alien. Amount of taxable property necessary. Any person who has- resided in the district forty days and is twenty-one years old, and who owns per- sonal property that was assessed in the district in his or her own name at the last annual assessment, is entitled to vote at any district meeting. The law places no limit as to the amount of taxable property necessary to entitle the holder to vote. The chairman of the meeting has no right to demand the production of tax receipts by persons offering to vote. Bond election. All persons who are qualied to vote in a school dis- trict meeting are entitled to vote upon the proposition to issue bonds of the district whenever such question is properly submitted. Dower interest. The ownership of real property, which confers the right to vote at a district meeting, must be an actual and present owner- ship such as would entitle the voter to the use and control of the property in question. A prospective or contingent right, like that of dower or curtesy, would not constitute such ownership as this statute requires. Important recent decisions of our supreme court declare the right of dower to be a "charge or incumbrance" upon the property, similar in its effect to a mortgage or lien. This, however, would not entitle the holder of such a right to be considered as a voter any more than would the holding of a mortgage confer such a right upon the mortgagee. There- fore, a wife who has no children of school age and owns no real property in her own name and no personal property assessed in her name at the last annual assessment, would not become a legal voter by virtue of her husband's ownership of such property, although she possesses the requisite qualifications of age and residence; nor would the husband become a voter simply by virtue of his wife's ownership of such property. Homesteader. The courts have repeatedly held that a homesteader is a "freeholder" within the meaning of that term as used elsewhere in the statutes. This clearly implies ownership of the land such as would 118 SCHOOL LAWS OF NEBRASKA entitle him to vote at an annual, meeting under the statutory provision embraced in the words "who owns real property in the district." A young lady twenty-one years of age who holds a homestead is a voter at the annual meeting. The homesteader votes in the district of his homestead, and not in the district in which he may be temporarily working. Moderator. See Moderator. Penalty for illegal voting. "Any person who shall vote in any school district in this state in which he has not legally resided ten days, or such length of time as required by law, next preceding the election, or into which lie shall have come for temporary purposes merely, shall, on con- viction thereof, be fined in any sum not less than twenty-five dollars nor | more than one hundred dollars, or be imprisoned in the jail of the pro v per : county not more than six months." Section 7846, Criminal Code, Com- piled Statutes of Nebraska for 1903. Resident of unorganized territory. A person living in_ unorganized territory has no vote at school meetings in any district by reason of hav- ing property in said district. Residence is one of the qualifications neces- sary to be a voter. Temporary absence. A person having all the necessary qualifications to vote at an annual school district meeting may not be debarred from voting from the fact that he was not in the district the prescribed num- ber of days just preceding the election, when it was known that he was out of the district temporarily and that his permanent home is in the dis- trict. Transferred persons. The parents or guardians of the pupils so transferred shall have the right to vote in the district to which such pupils are transferred on all school matters except that of issuing bonds. [Amendment to Sec. 4a,-Subd. 5, 1907.] Who are legal voters? Every person, male or female, who has re- sided in the district forty days and is twenty-one years old, and who owns real property or personal property that was assessed in the district in hi* or her name at the last annual assessment, or who has children of school age residing in the district, shall be entitled to vote at any district meet- Ing or school election held in any district, village or city. Women vote at primaries. Section 4, subdivision 2, charpter 79 r Compiled Statutes, confers upon women having the necessary qualifica- tions the right to vote at any school district meeting or school election held in any district, village or city. This statute also confers upon women possessing such qualifications the right to vote at primaries held in cities for the nomination of members of boards of education. XVII WARRANTS. Draw interest. All warrants or orders issued by the proper authori- ties of any school district shall draw interest from and after the date of OFFICIAL DECISIONS 119 their presentation for payment, at the rate of seven per cent per annum. Duplicate for lost warrants. See section 22, subdivision 11, School Laws. Notice to holder of district's ability to pay. If there is no* money on hand with which to pay warrants when presented, the warrants shall be registered in the order of their presentation, and as soon as the^p are funds in the hands of the district treasurer it becomes his duty tf|3iotify the holder of the registered warrants and to pay them in the ordter of their registration, regardless of when the tax was levied. Outlaw. It has been held by the supreme court of Nebraska that the statute of limitations runs for or against school districts the same as for or against individuals. 22 Neb., 205. Payment. See section 15, subdivision 11, School Laws. Payment by consolidated districts. Where school distriets, having registered warrants outstanding, consolidate into one district, said war- rants should be paid in the order of their registration, as shown by the date of the endorsement thereon, without regard to which of the original districts issued the warrants. Penalty for 1 postponing payment. See section 21, subdivision 11, School Laws. What constitutes a fund against which warrants may be drawn. School districts have no powers except those conferred by statute or necessarily implied therefrom. Their ability to pay debts is restricted by laws authorizing them to levy taxes, within fixed limits only, and by the funds arising from such levies, from fines and from other lawful sources. For the current expenses of running their schools they cannot incur in- debtedness greater in amount than their revenue from all sources, and where a contract for such expenses provides for payment of a sum in excess thereof it is, to that extent, void. It does not follow, however, that taxes must actually be paid into the treasury before they can be made a basis for incurring debts. The supreme court has recently said: "Taxes levied at the annual school meeting held just prior to the commencement of the school year constitute a fund against which warrants may be drawn." Zimmerman v. State, 83 N. W., 919. DECISIONS WHICH APPLY ONLY TO RURAL AND VILLAGE SCHOOLS AS ORGANIZED UNDER SUBDIVISION III WITH A BOARD OF THREE MEMBERS. I. ANNUAL MEETING. Cannot relieve treasurer of responsibility for money lost. It is not within the authority of the voters at the annual meeting to release a treasurer from being responsible for moneys paid out illegally or lost by him. Cannot select teacher nor determine wages. It is not within the au- thority of the annual meeting to determine the wages to be paid to a teacher; the school board is the proper authority to fix the teacher's wages. Neither can the annual meeting determine whether the teacher shall be male or female. Determine length of term. Section 14, subdivision 2, of the school laws, provides that the legal voters may determine at each annual meet- ing the length of time a school shall be taught in the district the ensuing year. II. BOARD POWERS AND DUTIES. 1. The Director. A de facto officer. Where the director of a school district was ap- pointed to fill a vacancy in November, 1875, and accepted the office, and thereafter performed all the duties pertaining to the same until April, 1877, held, in an action on the contract of a qualified teacher, signed by him as director in October, 1876, that the court will not inquire into the strict legality of his appointment. He being a de facto officer, the district is bound by his acts. 9 Neb., 53. Contract with teacher. It is the duty of the director to contract with the teacher when so authorized by the moderator and treasurer, but should he refuse to make such contract, then it would be within the au- thority of the moderator and treasurer to make the contract. The mod- erator and treasurer have no authority to make such contract until they have given the director an opportunity to make it. Custodian. The director is the proper person to keep the records of the district. Delegate authority. The director of a school district cannot legally delegate to his wife, or to any other person, the power to act in his stead in contracting with a teacher. However, if such director should, in con- currence with one or more members of the district board, employ a teacher and agree upon the terms of the contract, he might instruct his wife, or other third person to draw up the instrument in accordance with such OFFICIAL DECISIONS 121 agreement and sign his name thereto; then it would be his contract. The mere physical act of a third party's writing the director's name under his direction does not involve any exercise of discretion or judgment. Draw orders on county treasurer. It is the duty of the district di- rector to issue orders upon the county treasurer in favor of the district treasurer for money on hand in the county treasury, in order that the dis- trict indebtedness and current expenses may be properly paid. In case the director refuses without sufficient reason to issue such orders upon the county treasurer, he may be compelled to do so by mandamus proceed- ings in the district court. See 22 Neb., 52. Furnish supplies. Section 13, subdivision 5, of School Laws, provides that no school officer shall be a party to any school contract for building or furnishing supplies except in his official capacity as a member of the board. This, of course, does not apply to supplies furnished in any other manner than under contract. Section 13, subdivision 4, expressly states that the director shall, with the concurrence of the other members of the froard, provide the necessary appendages for the schoolhouse and keep au account of all expenses incurred by him as director. This section clearly implies the duty of the director to provide all necessary supplies in such a manner as he sees fit when not otherwise directed by the board. Hi3 account must be audited by the board; and if any items are found incor- rect or any charges exorbitant, corrections can be made at any time. Oath. It is not necessary that the director of a primary (common) school district take the oath of office. His filing an acceptance and assum- ing the duties of the office are all the necessary steps. Official certificate of director evidence of due notice of calling special meeting. The official certificate of the director of a school district that notice of a certain special school meeting held in said district was given by posting up notices of said meeting twenty days before the holding thereof, in three of the most public places in said district, which certificate was introduced and received in evidence under a stipulation of parties, in which it was recited that such "stipulation is for the purpose of using the came as testimony, instead of the plaintiff or defendant being obliged to take depositions to prove the same," held, to be evidence of the due pub- lication of the notice of the calling of such special school meeting. 21 Neb., 725. No power to act alone. The duties devolved upon the members of the school district board, or upon the moderator and director, by section 8, subdivision 4, of chapter 79, Compiled Statutes, can only be performed by those two officers acting in conjunction. Any attempt on the part of either of them to perform such duties alone and without the joint action of the other, is ineffective and void. 22 Neb., 48. 2. Moderator. Cannot be compelled to sign contract. There is no law compelling a moderator to sign a contract for supplies. His signature is not necessary 122 SCHOOL LAWS OF NEBRASKA to the validity of the contract, but if the contract was made at a meeting of which he had no notice, the contract itself is called in question. It has been decided that such contract is illegal. A contract with a teacher is an exception to this rule. Mandamus will compel him to perform his duty. A moderator re- fused to sign an order properly drawn upon the treasurer and the matter was submitted for adjudication to the county superintendent, who, after investigation, found that the officer refused to sign the order for insuf- ficient reasons. Held, that under the statute the county superintendent had the right, on behalf of the district, to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. 35 Neb., 655, May vote. The moderator has a right to vote at school district meet' ings on all questions pertaining to school matters. In case of a tie vote, however, he could not cast a second vote to break the tie. No power to act alone. See Director. Oath of office not required. A moderator of a school district is not required to take an oath of office. 30 Neb., 360. Officer de facto. When a person elected to the office of moderator ot a school district fails to file with the director of the district his written acceptance of the office, but immediately after his election enters upon the discharge of his official duties, by presiding at school district meet ings, countersigning school orders and performing all other duties required by law of such officer, without objection from any one, for more than a year, held, that the failure to file a written acceptance did not forfeit hi* title to the office. 30 Neb., 360. Refusal to sign report to county clerk of lawful tax levy. One &., moderator of a school district, refused to sign a report to the county clerk of the lawful taxes voted by his district at the annual meeting. Held r that it being a duty enjoined by law, he would be compelled by mandamus to sign the same. 11 Neb., 359. 3. Treasurer. Account for funds. It is perfectly proper for the moderator and di- rector at any time to demand of the treasurer that he account for funda which he may have on hand. Appears for district. It is the duty of the treasurer of a school d trict to appear for and in behalf of his district in all suits brought by o. against the same, unless other directions are given by the qualified yoters at a district meeting, except his interests are adrerse to the district, in which case the director, in the absence of other directions, shall appear When the action is not brought by the treasurer, the petition should sta the cause. Bond. See sections 4 and 8, subdivision 4, School Laws. Custodian of funds. The statute as well as the supreme court reco^ nizes the district treasurer as the legal and proper custodian of the funds OFFICIAL DECISIONS 123 for his district, provided, of course, the said treasurer has furnished bonds as provided in sections 4 and 8, subdivision 4, School Laws. A district treasurer who has complied with these provisions could apply to the di trict court for a writ of mandamus to compel the director and moderator to issue warrants on the county treasurer in his behalf for the funds be- longing to his district. Hold over. In case a district treasurer-elect fails to file a bond within* the prescribed time, the old treasurer holds over, if elected to the office ', and he has twenty days after the annual meeting in which to file a new bond. Liability. Moneys in the treasury must be used for the purpose of paying outstanding warrants, and the treasurer is liable under his bond if he uses money for any other purpose as long as there are warrants out- standing against the fund. Must not pay out money except on orders. The law does not con- template that the treasurer shall pay any bills out of moneys belonging to> the district except through the regular channels: viz., on orders drawn by the director and countersigned by the moderator. Refusal to pay orders. If the treasurer refuse through contumacy or for insufficient reasons to pay the orders legally drawn upon the district,, it shall be the duty of the county superintendent on behalf of the district to apply to the proper court for a writ of mandamus to compel the officer to perform his duty. Release. A school district has no authority to release its treasurer from liability for money lost or misapplied by him. 8 Neb., 293. - Surety. The director and moderator should not become surety upon the treasurer's bond, for the reason that they are the officers whose duty it is to approve such bond; but after having signed the bond they would) be estopped from denying the validity of the same, and would doubtless be held liable thereon in the event of the defalcation of the treasurer. Treasurer and his banker. It is not within the power of the treasurer of a school district by a general deposit of funds held by virtue of his *ice to create between such district and his banker the relation of debtor id creditor. A banker by receiving on deposit from a school district treasurer funds known to be held by the latter in his official capacity be- comes thereby a trustee for the beneficial owner with respect to sucb funds, and the same may, upon his insolvency, be recovered by the owner 1 a preferred claim against his estate. 52 Neb., 1. Writ of mandamus cannot issue, when. A writ of mandamus cannot issue to the treasurer of a school district requiring the payment by him >f an order payable by its terms at a fixed time in the future and in the meantime drawing interest at a rate per centum defined by the terms of he order itself. 39 Neb., 570. 124 SCHOOL LAWS OF NEBRASKA 4. The Board as a Body. Acceptance. In a primary (common) school district the failure of an officer-elect to file his acceptance within ten days after the annual meet- ing does not forfeit his office. His entrance upon the discharge of the duties of the office is sufficient. The filing of a bond by the treasurer- elect is held to be sufficient acceptance. Admit non-resident pupil. See section 4, subdivision 5, School Laws. Appointment, vacancy. Where a tie vote occurs in the election of a school district officer, it is not within the province of the county superin- tendent to appoint an officer. An outgoing officer is not competent to assist in appointing his suc- cessor. If a vacancy exists in the office the old officer is no longer com- petent to act on behalf of the district, and such vacancy can be filled by appointment or election. Audit Bills. A bill against a school district should be made out ill due form, itemized, and presented to the board for their consideration. Action should be taken thereon and the warrant issued in accordance with such action. The director should be justified in demanding an itemized statement. He is responsible for drawing orders on the district and should know definitely for what purpose the money of the district is used, so that he may be able to report to the voters at the annual meeting. The director must also make out an itemized statement of every bill he pre- sents for expenses incurred by him in his official capacity. Certain contracts not binding upon districts. A contract entered into and signed by persons styling themselves as director and moderator of a school district, is their individual contract, and not binding upon the dis- trict The action of a majority of a school district board will not bind the district, without notice to or participation therein of the other members. 4 Neb., 245. De facto. In case a person assumes, under color of right, a school district office, and performs the duties of such office, being permitted by the district in the discharge of such duties, he is a de facto officer so long as he is permitted to act in that capacity, and his acts as such officer are binding upon the district. Election. Section 1, subdivision 3, of the School Laws provides that school district officers shall be elected by ballot. However, in case, by the proper motion being carried, the secretary or clerk is instructed to cast the ballot of the meeting for an officer, it would be construed to be an election by ballot within the meaning of the section just referred to. A plurality vote elects, that is, the one receiving the highest number of votes cast is elected. The school law makes no provision for casting lots in case of a tie vote on member of a school board, and it is not a legal process of select- ing an officer. Another ballot should be taken. OFFICIAL DECISIONS 125 Where a district officer is elected by acclamation for the full term at the annual meeting and has performed the duties of his office for a time extending beyond the next annual election, he is entitled to the office 'the full term for which he was elected. Furnish supplies. A member of the committee on purchase and sup- plies shall not be a party to furnish supplies to the district, except in his official capacity as a member of the board. See section 13, subdivision 5, School Laws. Genera! care of school. The district school boards shall have the general care of the schools, and shall have the power to cause pupils to be taught in such branches and classified in such grades or departments as may seem best adapted to a course of study which the school boards of any county shall establish by the consent and advice of the county super- intendent thereof, and the school board of each district shall cause a record of the advancement in each branch of study of all the pupils to be kept in a book to be provided for this purpose; and it is hereby made the duty of each district board, or of one of their number empowered by the board, to attend all meetings called by the county superintendent for the purpose of adopting or revising a course of study for the advancement of the district schools, of making rules and regulations as they may think necessary for the government and health of the pupils, and of devising uch means as may seem best to secure regular, attendance and progress children at school. See section 3, subdivision 5, School Laws. Hold over. When a person elected to a school district office fails to ualify, the old officer holds over till his successor is elected or appointed nd qualified, unless the old officer holds his office by appointment. In uch case there is a vacancy and the vacancy may be filled by appoint- ent of the board, or at an election at a special meeting called for that urpose. Liability. The other members of the board should not be sureties OIL le treasurer's bond. The treasurer should not be allowed to draw money om the .county treasury until his bond Jias been filed and approved; and le individual members of the board authorizing such draft, in the ab- ence of the necessary bond, would be liable to the district for any loss esulting therefrom. Qualification. One who is mot a resident of a school district is not igible to any district office therein. All the qualification necessary for a chool district officer is that he be a legal voter in the school district Records and papers. When a district voter is legally elected at an nnual meeting to a school district office, and files his acceptance within ?n days after such election, he is entitled to possession of the books and apers belonging to such office on the second Monday of July following, s election; and any dispute that may arise between him and his pre- ecessor is no ground for the remaining members of the board to declare i26 SCHOOL LAWS OF NEBRASKA the office vacant. It is the duty of the outgoing officer to turn over to his successor the official papers, records, etc., pertaining to his office. Removal. Two members of a school board cannot of their own voli- tion remove the other member from office. The 1 only way to remove a school district officer is by proper action before a court of competent Jurisdiction. . Resignation. If an officer resigns at an annual district meeting, and lus resignation is accepted by the board at the meeting, the voters present .may elect a successor to complete the term of office. The general rule is that the resignation of an officer should be pre- sented to the board or the officer who has authority to fill the vacancy so .-created. At the time of the annual meeting the resignation of a district officer should be presented to the meeting; at any other time, to the dis- trict board. Sale of school house. A school district board cannot legally sell a schoolhouse or site without being directed to do so by the legal voters at a district meeting. When the district has so authorized them by a two- thirds vote (sec. 15, subd. 2, School Laws) it would seem proper for the board to advertise and sell the same to the highest bidder. Salary provided for by each annual meeting. In order legally to pay the school district officers a salary, it is necessary that provisions for such payment be made at the annual district meeting; but it is not within the authority of the annual meeting to make provision for the payment of such salary for more than the ensuing year. Vacancy, how filled. When vacancies occur in school boards, the va- cancies are filled by appointment or by election at a special district meet- ing. If by appointment, the appointee serves until the next annual meet- Ing; if by special election, he serves for the remainder of the unexpired term. III. CONSOLIDATION. The consolidation of school districts is one of the most important and delicate of the superintendent's duties, always to be performed with great care and deliberation. It must not be confused with the discretionary power of the superintendent to create a new district from other organized districts upon petition signed by one-third of the legal voters in each dis- trict affected. See condition first, section 4, subdivision 1. The creation of a new district under this provision will not permit the discontinuance of any district. The consolidation of school districts contemplates the discontinuance of one or more districts every time a consolidation is per- fected. "One district may be DISCONTINUED and its territory attached to other adjoining districts (or district), upon petitions signed by one-half of the legal voters in each district affected." See fourth condition, sec- tion 4, subdivision 1. OFFICIAL DECISIONS 127 It must be remembered that the petitions for the consolidation of two or more school districts shall contain an exact statement of what charges in district boundaries are proposed. The notices of said petition chall be likewise specific relative to changes proposed. Said notices shall be posted in three public places, one of which places shall be upon the outer door of the schoolhouse, if there be one, in each district affected, or ter- ritory not organized into districts proposed to be attached to an existing disirict, at least ten (10) days prior to the time of presenting the petitions to Ihe county superintendent; . provided, that changes affecting cities {districts organized und-er subdivision 14 or 17) shall be made upon the petition, of the board of education of the district or districts affected. Suppose districts Numbers 1, 2, 3 and 4 of a certain county desire to consolidate with district No. 5. Separate petitions must be circulated in -each of these districts, 1, 2, 3 and 4, asking to be discontinued and to have its territory attached to district No. 5, which district shall retain its old number. Four separate petitions must also be circulated in district No. 5; one asking that the territory in district No. 1 be attached to district No. 5; one asking that the territory in district No. 2 be attached to dis- trict No. 5; one asking that the territory in district No. 3 be attached to district No. 5; and one asking that the territory in district No. 4 be at- tached to district No. 5. This plan is somewhat cumbersome, it is true, t)ut under the existing statute it is the only legal way. The consolidated district shall take the number of the said district No. 5, and be under the ^control of its officers until the annual meeting when it may organize as a High school district, provided, it contains mere than one hundred and fifty children between the ages of five and twenty-one years. See section 1, subdivision 6, School Laws, 1907. The limits to which consolidation may be carried is left to the good Judgment and discretion of the county superintendent. Every consolida- tion of school districts must be determined by the circumstances and con- ditions surrounding it. The only manner by which free transportation of pupils may be obtained is according to the statute given in sections 4b and 4c, subdivision 5, School Laws, 1907. Where several districts are consolidated, the new district not only becomes invested with the property rights of the former, but also becomes answerable for their debts. This includes bonded indebtedness as well as #11 other obligations. For the court's decision and exposition of the law a term of years with the pub- lishers. It is left entirely to the board's discretion, but no such con- tract can be legally made for a term of years under the provisions of this- act until the proper bond is filed by the publishers. Repairs on School house. The director of a school district, with the consent of the moderator, may contract for repairs on a schoolhouse 1 of the district during vacation. 67 Neb., 365. Relationship. "No contract with a teacher shall be valid unless- agreed to either by all the members of the district board or by two members of such board who are not related to the fourth degree to> such teacher and whose terms of office extend beyond the date of the term of school contracted for." In regard to a relative hiring a rela- tive, the law applies to questions of consanguinity, but not to maritaF relationship. Teacher's. The director and one other member of the board may contract with a teacher without notifying the third member, but a contract made by the other members of the board without first giving: the director an opportunity to make the contract would be void. They may make a valid contract, however, if the director refuses to do sov See section 11, subdivision 4. V. COURSE OF STUDY. A foreign language If it is the wish of a large majority of the patrons of the district that a foreign language be taught, the board woul(f V.A-.T, ^.-,4-Vi ^>*{ I--.-, in nMn-nr tViici t/-v V> ^ o T> o if r\f fVi/-> /> /~. i , v. n ^ nf n f , -i /1 1 T A fm*- OFFICIAL DECISIONS 129 eign language should not be used as the medium of instruction in other branches, but may be studied simply as a language. Right to select studies The parent has a right to make a reasona- ble selection of the studies he desires his child to pursue from the course prescribed by the district board, and this selection must be respected by the trustees, as the right of the parent in this regard is superior to that of the trustees and the teacher, 31 Neb., 552. Who prescribes the course of study. See "General Care of School" under "Board as a Body." VI. SCHOOLHOUSE. Care and custody of. This question has given rise to much contro- versy, and many disputed points still remain unsettled. The following opinions seem to be well founded: 1. The school house was erected for school purposes, and cannot legally be used for any other purpose that will interfere with its use for this. 2. A room in a schoolhouse not needed for school purposes may be leased for any purpose not injurious to the school or a detriment to the usefulness of the other parts of the building for school purposes; but the contract for such lease cannot extend beyond the close of the school year. 3. The right to determine whether a schoolhouse shall be used for other than school purposes belongs to the voters of the district when as- sembled in a lawful manner; but when the district has not acted on the subject the board has control until some action is taken by the district. But neither board nor district has any right to allow the schoolhouse to be used in such a way as to interfere with the school. 4. If the voters of the district wish to use the schoolhouse for meet- ings of various kinds, there seems to be no good reason why they may not so use it so long as they do not interfere with the school work. The decisions of the supreme courts of Indiana, Illinois, Iowa, and many other states confirm this view. Kansas, New Jersey and West Virginia confer upon the trustees, by statute, the right to use the house for such purposes. In the absence of any decision of our own courts, the above rulings will govern this department. Erection of building. Appropriation of funds Authority of direc- tors. Certain sections of chapter 79, Compiled Statutes, 1895, entitled "Schools" construed and held, (1) That the electors of a school district, and they alone at their regular annual meeting, or at a special meeting called for such purpose, have power to direct the building of a school- house; (2) that the district board of a school district has no power or authority of law to appropriate the funds of a school district to the erec- tion of a schoolhouse, unless first authorized so to do by a vtf- of the electors of such school district; (3) that when a. school district is a schoolhouse site and has the money in its treasury sufficient to build a schoolhouse, which money was raised for that purpose, the electors of such 180 SCHOOL LAWS OF NEBRASKA. school district, at any regular annual meeting, or at a special meeting called for that purpose, may direct the building of a schoolhouse on the school site, and that such school building be paid for out of the funds on hand for that purpose; (4) that the electors at such meeting may des- ignate the school board to act as the agent of the district to superintend the construction of such schoolhouse; (5) that if no one is designated by the electors of the the school district to superintend the construc- tion of the school building directed to be built, then the school board of such district has authority to make contracts and superintend the erection of the school building ordered; (6) that the electors of a school district are not obliged to select the members of the school board as agents to superintend the construction of a building ordered to be built, but may select such persons as, in their judgment, will best subserve the interests of the school district. 45 Neb., 239. Insurance. Section 3462, chapter 43, Compiled Statutes of Nebraska, list country schoolhouses and contents among the things named in said section that may be legally insured in mutual insurance cjmpanies. Number, in rural district. While it is a very unwise policy for a rural district to have its money invested in two schoolhouses, there is no legal objection to such a plan, provided free and equal privileges are given to e*ach and every pupil in the district. Plans for building. Subject to certain restrictions, the qualified electors of school districts are intrusted with the power to determine what sort of a schoolhouse shall be erected, and the extent of the expenditures therefor; and when so determined the school board has no authority 10 change the same, and thus bind the district for an increased expenditure. Removal. It is not within the authority of the voters at a special meeting to move the schoolhouse. This may be done at an annual meet- ing only. Repairs. The amount of money to be used in the repair of the school- house is in the discretion of the board to determine. Sale. A school district board (other than in cities) cannot legally sell a schoolhouse or site without being directed to do so by the legal voters at a district meeting. When the district has so authorized them by a two-thirds vote (section 15, subdivision 2) it would seem proper for the board to advertise and sell the same to the highest bidder. VII. SCHOOLHOUSB SITE. Adverse possession. When a school district has held open, notorious, and adverse possession of a certain schoolhouse site for a period of ten years or more, there is no doubt that such site is the legal site of the district. City. The board of education in a city school district may select sites for schoolhouses and determine the manner of erecting the buildings thereon. Page 69, Attorney General's Opinion, 1903-04. Improving. A school district has a right to put down a well on a site OFFICIAL DECISIONS 111 on which the schoolhouse is located, even" if they have no deed for said site. Lease -If a school district fails to have the lease for its schoolhouse site recorded, and a deed is given to another party for land containing said site, the lease the district has from the first owner is no longer in force. It is necessary to secure a lease from the present owner and have it recorded. Sale. A school district board cannot legally sell a schoolhouse or site without being directed so to do by action of the legal voters at a district meeting. Selection and change. The phrase "designate a schoolhouse site," has reference to the first location of a schoolhouse site in a newly organized district. The county superintendent's authority to determine where such site shall be established, when no site can be determined upon by the voter of the district, has reference also to the first location of a school- house site in a newly organized district. The county superintendent has no authority to determine the schoolhouse site when it has once been es- tablished. Neither is there any authority for adjouring the annual meet- ing for the purpose of changing the site when once established. The su- preme court, in its interpretation of the law in section 8, subdivision 2, School Laws, said: "It will be observed under the foregoing statute that a schoolhouse site when once established can be changed only at an annual school district meeting. There is no authority of law for changing such a site at a special meeting." Where is the site? The literal and legal schoolhouse site is the place actually occupied by the schoolhouse. All distances relative to site and transfers are measured from the schoolhouse. Therefore, a moving of the schoolhouse to a different part of the school grounds is a change of site and can be done only under the provisions of section 8, subdivision2, School Laws. VIII. SPECIAL MEETING. Call. Upon the presentation of a petition signed by five legal voters of the district, the board, at their discretion, or any member of the board, may call a special meeting by posting the proper notices. However, it is not obligatory upon the members of the board to call such a meeting. Cannot determine school term. A special school district meeting has no authority to determine the length of school to be held in the district the ensuing year, nor to determine at what time in the year such term shall be held. The legal actiqn of the annual meeting upon these subjects is final. County superintendent may call, when. In case a district has no school officers, the county superintendent should call a special meeting for the election of school officers upon the petition of five legal voters of said district. In case there are not five legal voters in said district, tnen every legal voter should sign the petition for a special meeting. If 132 SCHOOL LAWS OF NEBRASKA. said voters should refuse to sign such petition, then the county superin- tendent should apply to the district court for a writ of mandamus to com- pel such voters to make legal provision for school in such district. Reconsider action A majority of the legal voters of a district, at a special meeting, may reconsider their previous action at a special meeting. Questions which can be determined only at an annual meeting cannot be .changed at a special meeting. Validity. No business can be transacted at a special district meeting except that specified in the call for said meeting; but the fact of doing business not mentioned in the call does not invalidate action with refer- ence to business which was specified in the call. IX. TAXATION. Judgment. The district court may issue an order on the county .board to make the necessary levy for the satisfaction of a judgment against a school district; and when the taxes derived from such special levy are paid into the county treasury it is the duty of the county treas- urer, under the direction of the board of county commissioners, to pay the same into court for the satisfaction of said judgment claim. The district voters have nothing whatever to do with this claim, nor should it be paid out of moneys derived 'from taxes voted at the annual meeting. Limit of taxation. The maximum levy for school purposes that can legally be voted by a school district is twenty-five mills (except for the payment of bonds, and for free high school tuition). Any other construc- tion would do violence to the law and extend the taxing powers of a school district beyond the limit therein prescribed. THE END. TABLE OF CONTENTS Sec. FROM THE CONSTITUTION Article VIM. Education, pages 9-11 Board of Educational lands and funds Property, how used Permanent school fund Temporary school fund Fines and licenses Common schools 7. Distribution of income 8. Educational lands, price 9. Funds to remain inviolate' 10. University 11. No sectarian instruction 12. Reform schools THE SCHOOL LAWS OF NEBRASKA Subdivision I. School Districts, pages I3-2O 1. "School district" defined 2. Body corporate 3. New districts 4. Change in boundaries 4a. Three sections or less 5. Notice to taxable inhabitant 6. Notice to voters 7. Return of notice. 8. Record of notice, return, organ- ization 9., -Division of district property 10. Amount due in installments 11. Certificate of amount due 12. How applied 13. Sale of School house 14. Division of money *15. Teachers' fund 16. Unbonded indebtedness 17. Report of change in boundaries 18. Unsatisfactory division 19. Arbitration 20.' Award 21. Fees of arbitrators 22. Joint districts Dismembered Districts 23. Less than three voters in dis- trict 24.- Same Annexation to adjoining district 25. Same Dissolution Procedure Funds 26. Debts Taxes 27. Superintendent, Bond 28. Same Report 29. Same Compensation Subdivision II. District Meetings, pages 20-26 Annual meeting Special meeting Notices, contents Voters, qualifications Challenge Rejection of vote Challenge Site Same Purchase or lease of houie Taxes voted 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. lla. County clerk make levy, when lib. Same, joint districts lie. County board make proportion- ate levy 12. Building fund 13. Same, how expended 14. Length of term 14a. At least seven months school state aid 14b. Same, amounts due 14c. Same, appropriation, how used 15. Salo of district property 16. Prosecution and defense 184 SCHOOL LAWS OF NEBRASKA Sec. 1. 2. 3. 4. 5. 6. Subdivision III. District Officers, pages 27-28 Election of officers First year of term Acceptance Organization New notice Appointment by county super- intendent 7. Organization 8. Presumption of legal organiza- tion 9. Term of office 10. Officer as teacher 11. Refusal to sign or pay orders Subdivision IV. District Officers, Powers and Duties, pages 28-34 10. 1. Moderator, duties of Arrest of disorderly person Fine for disturbing meeting Bond of treasurer Receipts and disbursement Treasurer's record Treasurer, appear for district Insufficient bond Director, clerk Director's record 11. Teacher's contract 12. Census 13. Supplies, repairs 14. Estimate of expenditure 15. Notice of district meeting- 16. District orders 17. Report of census 18. County superintendent admin- ister oaths 19. Statement of assessed valuation Subdivision V. District Board, Powers and Duties, pages 34-38 District board quorum, meet- ing 2 Report of taxes voted 3. General care of school 4 Non-resident pupils 4a. Attendance at nearer school 4b. Transportation of pupils 4c. Instruction in neighboring dis- trict 5 Suspension of pupils 6. Site, purchase, lease and sale 6a. Outhouses 7. Title to site 8. Payment of school moneys 9. Care and custody of school property 10. Vacancy in district office 11. Appointment to fill vacancy 12. Appointment by county super- intendent 13. Officer cannot contract with districts Subdivision VI. High School Districts Free High School County High School, pages 39-47 1. Organ-ization of district Board, organization of Classification of scholars Statement of receipts and ex- penditures estimate taxes Free High School High school grade defined Course of study- Rules of ad- mission Rate of tuition Application of parent or guard- ianEstimate of county su- peri n tenden t Levy District board delivers estimate to county clerk 8b. Same, county superintendent No levy County High School Establishment Course of study Petition election form of bal- lot 6. 8. 8c. 20. 21. 22. County board declare high school established 23. County board constitute board of trustees 24. Principal Teachers Funds Levy 25. Record of proceedings 26. Funds kept separate by county treasurer Liability 27. Regulations Discipline 28. Board of trustees Meetings 29. Certificates Diplomas 30. Morals 31. Districts maintaining high school grades exempt from county high school tax 32. Tuition free to residents of county 33. Bonds 34. Voters, qualifications 35. Location of county high school TABLE OF CONTENTS 135 Sec. Subdivision VII. County Superintendent, pages 47-50 1. Election, term 2. Salary 8. Visit schools 4. Examination of applicants for admission to state normals 5. Same, questions, by whom pre- pared 6. Blanks and communications received from state superin- tendent 7. Examine district reports 8. Subject to rules and instructions of state superintendent Report 9 Vacancy in office, how filled 10. Notice, report due 11. Report to superintendents of blind and deaf Subdivision VIM. State Superintendent, pages 50-51 1. Office 2. Normal institutes 3. Visit schools 4. Decide disputed points 5. Forms of reports 6. School laws 7. Report annually to the governor 8. Report to be printed 8a. Deputy ^ 8b. Same, salary 9. Apportionment of school funds Subdivision XL The Teacher, pages 51-54 4. 5. 1. Qualifications la. Graduates university or other incorporated schools Ib. Same confirmation of certifi- cates 2. Report monthly 3. Length of month Scientific temperance instruc- tion Examination College and normal graduates Same Same defined Extent of act Subdivision IXa. Teachers' Certificates pages 55-60 1. No ex-post facto -2. Classes of certificates 3. Same, state certificates 4. Same, county certificates 5. City certificates 6. Professional state certificates 7. First grade county certificates 8. Second grade county certificates 9. Third grade county certificates 10. Questions Answer papers 11. Examination, how conducted Certificate, how issued 12. Certificates, renewal Where valid 13. Revocation 14. Fees 15. Registration 16 Funds, how used 17. High school teachers, qualifica- tions 18. Grade teachers, qualifications 19. Act, when in force Subdivision X. Teachers' Institute*, pages 60-61 1. Kinds of institutes 2. Duty to attend 3. Institute fund 4. ^ 5. Same, disbursement 6. Notice of institute 7. Certificate may be revoked for non-attendane 136 SCHOOL LAWS OF NEBRASKA Sec. Subdivision XI. School Funds, pages 61-67 1. County treasurer collect fines, etc. 2. State treasurer make exhibit of all school moneys 3. Apportionment to districts 4. New districts 5. Fractional districts 6. Records of apportionment 7. No fees for receiving or paying 8. Misuse of funds 9. Certicfiate of financial and census reports 10. Interest on warrants and bonds 11. Warrants, when payable 12. Warrant register 13. Endorsement 14. Separate package for each war- rantNotice 15. Receipts by city treasurer 16. Treasurer's duties Cash book Register 17. Failure to keep books Penalty 18. Inspection of books ' 19. Failure to notify Penalty 20. Failure to register or pay- Penalty 21. Duplicate for lost warrant 22. Investment of sinking fund 23.' Same 24. Same Cities 25. Same School districts Subdivision XII. Schoolhouse Sites, pages 67-69 1. Condemnation 2. Costs 3. Restrictions 4. Appeal 5. Site on school land Subdivision XIII. State Normal Schools Junior Normal Schools Nor- mal Training In High Schools, pages 69-74 1. Board of education 2. Officers ' 3. Record of secretary Report 4. Appointment of principal, teachers, and employees Re- moval 5. Compensation 6. Regular meetings 7. Rules and regulations 8. Principal, chief executive officer 9. Morals 10. Certificate 11. Control of funds 12. Endowment 13. Matriculation fee 14. Dormitory 15. Purpose 16. Admission of pupils Junior Normal Schools 20. Establishment 21. Terms, time and places of hold- ing 22. Organization and management 23 Course of study Credit Normal Training In High Schools 24. Purpose 25. State superintendent designates high schools 26. Admission Regulations 27. Approval of high schools 28. Amount of state aid 29. Expenses of inspection 30 Payment Secretary of board Warrants 31. Appropriation TABLE OF CONTENTS 137 Sec. Subdivision XIV. 1. General control 2. Free schools 3. Board of education 4. Election 5. Oath of office 6. Meetings 7. Officers Rules 8. Election of officers 9. President 10. Vice President 11. Secretary 12. Same, bond 13. Treasurer 14. Property and funds 15. Vacancies, how filled Schools In Cities, pages 75-82 16. Quorum 17. Accounts audited 18. Census 19. Teachers' certificates 20. Contract with member illegal 21. Sale of district property 22. Payment of debts of superseded districts 23. Estimate of funds needed 24. Limitation of taxation Bonds 25. Taxes 26. Interest 27. Purchase of bonds before ma- turity 28. Control of funds Subdivision XV. School District Bonds, pages 82-87 1. Bonds, when issued 2. Election to vote bonds 3. Petition for submission 4. Amount of bonds 5. Same, limited 6. Rate of interest 7. Description of bonds 8. Statement by district officers 9. Registration by auditor 10. Certificate of registration 11. Non-registry 12. Effect of act on bonds hereto- fore issued 13. Taxation for payment 14. School district defined 15. Excess of tax over payment due 16. Payment, whero and how made 17. County treasurer liable 18. Cancellation 19. Acts repealed 20. Refunding bonds 21. New bonds Description 22. How issued and paid 23. High school redemption bonds 24. Condition Description 25. Disposition 26. Issuance 27. Compromising indebtedness 28. Negotiations Subdivision XVI. Compulsory Education, pages 88-91 Compulsory attendance at pub lie, private, or parochial school Exemption Truant officer Notice to parent Violation of act Penalty 3. Special schools 4. Enumerators, duties of 138 SCHOOL LAWS OF NEBRASKA Subdivision XVIII. Text Books and Supplies School Libraries, pages 91-95 1. Purchase of books by board 2. Bonds of publishers 3. Payment for books 4. Same 5. School book trusts 6. Price lists 7. Contract, form of 8. Violation of contract 9. Property in books 10. Supplies School Libraries 11. Funds 12. Care 13. Exemptions Miscellaneous Education of Pauper Children . . 93 Public Library Commission 94 State Board of Charities and Cor- rections 94 Page Page Game and Fish Commission 94 Penalty for Illegal Voting 95 Child Labor Law 95 Cigarettes, penalty 95 OFFICIAL DECISIONS 139 OFFICIAL DECISIONS Decisions Which Apply to All Districts Page I. Alien 101 II. Bible Reading in the public schools 101 III. Board Powers and du- ties 101-102 IV. Closing school 102-103 V. Contracts 103-104 VI. Free High School Priv- ileges 104-108 VII. License 108 VIII. Punishment 108-109 Page IX. Pupils 109-111 X. Residence .. Ill XL School districts Ill Xla. Scientific temperance instruction 111-112 XII. The teacher 112-113 XIII. Text Books 114- L15 XIV. Transfer 115-11 6 XV. Vaccination 116-117 XVI. Voters 117-118 XVII. Warrants 118-119 Decisions Which Apply Only to Rural and Village Schools I. Annual meeting 120 II. Board, powers and du- ties 120-126 Consolidation . . . . 126- 128 III. IV. Contracts, 128 V. Course of Study 128-129 VI. Schoolhouse 129- 130 VII. Schoolhouse site 130-131 Special meeting 131-132 V1I1. IX. Taxation 132 : THIS VOLUME IS PUBLIC PROPERTY. | 2 * ^ * : It is to be kept in the custody of < the school officers, and produced by them at all meetings of the district, i for consultation by the voters, and ^ must be delivered to their successors * * in office. One copy only is furnished 5 : each school district. * : J907-1908, : 15