'■15^"^ \^^5 Laws of Minnesota Relating to the ■I public School System Including the State Normal Schools and the University of Minnesota Prepared Under the Direction of C. G. SCHULZ Superintendent of Education By W. H. WILLIAMS of the St. Paul Bar ISlf SY>fDICATEJ PRINTINO CO. Minneapolis, Minn. JL C'i. t^ ±-!JflJ "^ > h^ \J l^ %J \A. \J\^ Lavs rf Minn, re l?^ting to the public school system.' j 1915 Laws of Minnesota Relating to the Public School System Including the State Normal Schools id th( University of Minnesota Prepared Under the Direction of C. G. SCHULZ Superintendent of Education By W. H. WILLIAMS of the St. Paul Bar SOUTHERN BRANCH, UNiVFftSl TY OF CALIFORNIA, LIBRARY, C.A6 ANOEUES, OALIF. 1915 SYNDICATE PRINTING CO. Minneapolis, Minn. 980^3 TABLE OF CONTENTS Section CHAPTER I. School Districts; Formation, Change of Boundaries, Consolidation, Association, Dissolution 1-41 CHAPTER II. School Meetings; Annual, Special; Conduct of. Elections, Powers, etc Vl-vyr, CHAPTER III. School Boards and Officers; Constitution, Elec- tion, Organization, Powers; Chairman, Clerk, Treasurer; Qualification, Powers, Duties 56-111 CHAPTER IV. District Indebtedness and Bonds; Loans from State 112-118 CHAPTER V. Actions; by and against Districts; Judgments; Penalties, etc 119-140 CHAPTER YI. Public Schools; High, Graded, Semi-graded, Com- mon; Control, Association of. Instruction 141-175 CHAPTER VII. School Taxes; State, County, City, District; Lim- itation of. Contracts in Excess of 176-180 CHAPTER VIII. School Funds; State and County Apportionment; Payments of; Reports on lSl-185 CHAPTER IX. State Aid to Schools; Regulation, Apportionment; For Normal Instruction, For Agricultural Training 186-212 CHAPTER X. School Text Books and Libraries; Selection, State Aid for. Conditions for Sale, Combinations to Control Prices, Officers and Teachers Forbid- den to Deal in 2l:V224 CHAPTER XI. Compulsory Education; Child Labor; School Cen- sus; Duties of Officers and Teachers; Truant Officers; Terms of Child Employment, etc 225-246 CHAPTER XII. School Administration 247 Part 1 — Superintendent of Education 247-257 Part 2 — County Superintendents 258-275 Part 3— High School Board 276-287 Part 4 — Teachers; Qualification and Training Examinations, Certificates, Employment Bu- reau, Pensions, Contracts with 288-347 CHAPTER XIII. State University; Management, Departments, In- struction, Maintenance 348-376 CHAPTER XIV. State Normal Schools; Management, Instruction, Summer Sessions, Model Schools 377-386 EXPLANATORY PREFACE This compilation contains the general laws of Minnesota of practical use and application relating to the public schools. The General Statutes of 1913 are taken as the basis, and to them have been added all subse- quent laws and amendments. The laws have. been arranged by subjects, and the sections numbered consecutively. At the foot of each section is given the number of the section of the General Statutes, or the chapter and year of the subsequent session laws, from which the section is derived. Following the sections will be found annotations in small type giving the substance of decisions of the Supreme Court and opinions of the Attorney General. The references, such as 43 M. 312, are to the volume and page of the Minnesota Supreme Court Reports, regular edition, and the references, such as (Gil. 352) added, are to the GilfiUan edition of the Supreme Court Reports. References, such as "Young, page 187," or "Smith, April 14, 1913," are to the name of the Attorney General who gave the opinion, and the page of his report where the opinion may be found, or the date thereof, as the case may be. The index references are to the sections of (his compilation. CHAPTER I. SCHOOL DISTRICTS. Sectiou 1. School districts— For school purposes the state is divided into common, special, and independent school districts, each of which shall be a public corporation. Common school districts shall be numbered consecutively in each county, and each shall be known as school district No of county. A district, when situate in two or more counties, shall be known as joint school district No of and counties. Independent school districts shall be known by the names or numbers given them at their organization. (2671) School districts are corporations witli limited powers; and the duties of the trustees or board are public and administrative only. They ai-e not liable to in- dividuals for neglect or nonfeasance. — 49 M. 106. When a school district has acted as such, has borrowed money, issued bonds, voted taxes, and been dealt with by the state as a district, both it and the state are estopped to question its legal organization. — 85 M. 230. When a district has exercised the franchises and privileges of a district for one year, there is a conclusive presumption in the nature of a statute of limita- tion that it is legally organized. — 54 M. 203. The organization of a district, or the validity of the acts of its officers, is not vitiated by neglect of the officers elected to file acceptance of office. — Cole, p. 117. Special districts should be known and designated by the name of their incor- poration and a number is not required by law. — Douglas, July 13, 1901. On appeal it was held as follows: (119 M. 119): 1. The question of when school districts may be formed, or their boundaries changed, is a legislative one which has been delegated to the county boards. 2. The question of formation or change of boundaries of districts must, be determined by the consideration of the best interepts, present and future, of the people of the territory, considered as a whole: 3. The "best interests" of the territory affected, as used in section 1285, K. L., means the best interests of the people of the whole territory. The interests of the most populous portion or those of the sparsely settled portion cannot be in- dependently considered: for the interests of the strong can never be the measure of the rierhts of the weak. A school district is not responsible in damages on account of accidents to instructors or pupils occurring in the performance of their duties assigned by the board, such as laboratory work and manual training, on the ground that school districts are quasi municioal corporations exercising- a s-nvernment function from which it derives no pecuniary profit (Smith, April 14, 1913.) 2. Formation of districts — A majority of the freeholders qualified to vote for school officers residing upon any territory not less than four sections in extent, and in which reside not less than twelve children of school age, whether or not such territory be in whole or in part included in any existing common, independent, or special school district, may petition the county board of the proper county to make such territory a school district, common or independent. (2672) A petitioner, after signing a remonstrance, cannot be claimed as a petitioner. — Hahn, May 29, 1886. The revised statutes provide that a petition for the alteration of a echool district, the territory of which lies in two counties, shall be presented to the board of county commissioners of each county, of course, for their concurrent action. It is therefore necessary that the proposed alterations shall be agreed to by each of the boards before it can take effect. — ^Colville, p. 239. A married woman is not a freeholder because her husband is' sifoli, nor is the husband a freeholder because the wife is such.— Wilson, p. 345. 8 SCHOOL DISTRICTS. 3. Same; petition for — The petitions shall cunlain: 1. A correct ilesoiiption of the territory to be included in such pro- posed district. 2. The number of persons re.siding therein. o. The names and ages of all children of school age residing therein, and the existing district in which each such child lives. 4. The districts in which such territory lies, and the number of such • hildren in each such district. 5. The reasons for the formation of the proposed district. Such petitions shall be acknowledged by the petitioners and submitted to the county superintendent, and if he shall approve of the same he shall endorse such approval in writing upon said petition, stating his reasons therefor; and if he shall disapprove of same he shall indorse thereon in writing his reasons for such disapproval. (2673) A person signing a petition for the creation of a school district may withdraw his signature therefrom by the signing of a remonstrajice or otherwise. — Child.s, July 28, 1893. The hoard of county commissioners may permit the amendment of a petition for the formation of a school district when such amendment is assented to in writing by all of the persons signing the same. — Childs, Dec. 21, 1894. 4. Same; notice of hearing — Upon the presentation of such petition, the county board shall appoint a time and place for hearing thereon, and shall cause two weeks' published notice thereof to be given in the county, and ten days' posted notice in each district affected. Such notice shall also be served on the clerk of each district, by mail, at least ten days before the time set for hearing, and the auditor's certificate shall be proof of the mailing. (2674) 5. Same; proceedings on hearing — At the hearing the board shall receive any evidence and consider any arguments for and against such proposed organization, and shall make an order either granting or denying the petition; and, if the petition be granted, the order shall particularly describe the district, state, its name or number, shall be signed by the chairman, and attested and filed with the auditor, who shall mail to the clerk of each district affected a copy thereof, and shall cause ten days' posted notice to be given of a meeting to organize such district. The board may adjourn the hearing from time to time, upon the recommenda- tion or with the written approval of the county superintendent, enlarge or change the boundaries proposed in the petition. (2675) When a petition signed by a majority of the resident freeholders is jiresented to the county board, jurisdiction is not lost by reason of the fact that after the l>etition was signed the number of resident freehoWers increased so that at th<,' date of hearing the signers constituted less than a majority. — 89 M. 351. A petition for the formation of a new school district should be presented to the county superintendent, and it is his duty to either approve or disapprove the same in writing, giving his reasons for his action in either event, before the same is presented to the county commissi'juers. — Simpson, Jan. 12. 1910. 6. Same, setting land off to adjoining district — When any freeholder shall present to the board of any county a petition, verified by him, stating that he owns land in such county adjoining any district therein, or separated therefrom by not more than one-quarter section, and that such intervening land is vacant and unoccupied, or that its owner is unknown, and that he desires his said land, together with such intervening land, set off to such SCHOOL DISTRICTS. 9 adjoining district, and his reasons for asking ijucli change, the board, upon notice and hearing as in other cases, and upon proof of all the allegations of the petition, may make its order granting the same, and like notice of such change shall be given as in other cases; Provided; that any person or oflScer of any school district aggrieved by any order of the county board made pursuant to the provisions of this section, or by any order of the county board, made on the rehearing before it of any such petition, may appeal to the district court from such order, such appeal to be governed by the provisions of Section 2676, General Statutes, 1913. (2704, as amended by chapter 113, Laws 1915). 7. Same, districts to be composed of adjoining territory — All districts shall be composed of adjoining territory, and any part of a district not so situated, and not containing a school house used as such, shall be by the county board, upon notice as in other cases, attached to a proper district. (2705) 8. Same, plats and description of districts — The county auditor shall keep in his office books containing a correct plat and description of each district organized, whether wholly or partly in his county. (2706) 9. Same, appeal from order — Any person aggrieved may appeal from such order to the district court of the county upon the following grounds: (1) That the county board had no jurisdiction to act. (2) That it has exceeded its jurisdiction. (3) That its action is against the best interests of the territory affected. Such appeal shall be taken by serving upon the county auditor within thirty days from the making of the order a notice of appeal, specifying the grounds thereof. The appellant shall also execute and deliver to the auditor a bond to the county in the sum of one hundred dollars, to be approved by the county auditor, conditioned for the payment of all cor.ts taxed against the appellant on such appeal. Such further proceedings shall be had upon such appeal as upon other appeals from the county board. (2676) The county board, as the representatives of the public, to whom is entrusted the matter of forming school districts, may appeal from an order of the district court reversing its action. — 43 M. 312. Where the county board has granted a petition for dividing a school district, and an appeal has been taken to the district court, the money in the hands of the district treasurer, which has been apportioned by the county commissioners to tlie new district, the treasurer, for his own protection, should retain and decline to pay over the same until the legality of the proceedings has been determined by the court. — Simpson, Sept. 17, 1909. . 10. Change of boundaries — By like proceedings, and upon petition of the majority of the freeholders of each district affected, qualified to vote at school meetings, the boundaries of any existing district may be changed, or two or more districts consolidated or one or more districts annexed to an existing district. No change in the boundaries of a district by organization of a new district or otherwise shall be made, so as to leave the old district without at least one school house used for school purposes, 10 SCHOOr. DISTRICTS. nor ahall any change ol" districLs in any way all'ecL the liabilities of the territory so changed upon any bond or other obligation; but any such real estate shall be taxed for such outstanding liability and interest, as if no change had been made. In case of the consolidation or annexation of districts, whether under the foregoing or any other provisions of the law, action shall be brouglit by or against the new or remaining district upon any cause existing in favor of or against any discontinued district, but a judgment in such action against such existing district shall be satisfied only from taxes upon the real property included in the discontinued district, when the liablility was incurred. (2677) If a part of a district is separated from it by annexation to another, or by the erection of a new district, the old district still retains all its property and is responsit)le for all its aebis, unless some other provision is maae by the act authorizing the separation. (40 M. 13). uivisions and awards of moneys, funds, etc., made by the county board, are Koverncd by the rules applicable to other awards. Technical precision is not re- iiuired, but there must be no uncertainty as to intention. (67 M. 402.) Upon a division of a district, the county board cannot abrogate nor modify contracts of the old district; but should make an order fixing the liability arising out of such contracts. The old district is liable on contracts entered into prior to division, unless the county board provide otherwise. (Young, p. 201.) An old district, out of a part of which a new district has been formed, cannot afterwards vote a tax upon the new district to pay bonds issued prior to such division; but in case of failure of the new district to levy its share of the tax, the county auaitor, under section 787, R. L., may levy its proportionate share and extend it on the tax lists. Such tax should be levied upon both real and per- sonal property. (Young, p. 183.) A tax levied, but not collected, before the division, is subject to distribution. (Childs, June 29. 1894.) Upon division of a school district moneys on hand raised for the purpose of building a school house are subject to division. (Childs, Sept. 18, 1893.) The county board, in proceedings for change of boundaries, cannot include land not referred to in the petition and not represented at the hearing; and if it does, the district court, on appeal, may modify the order so that such land shall be restored to its proper district. (120 M. 443.) The county board may enlarge a district having wholly within its limits an incorporated village of the character specified by the statute, by including lands wholly within the village but contiguous to the district. (153 N. W. Rep. 253.) 11. Same; cities and villages — When any incorporated borough, villatTe or city of seven thousand or less inhabitants, has within its limits a school district, however organized, or is wholly or partly included within the boun- daries of any school district, however organized, or whenever any such school district shall include within its boundaries part or the whole of any incorporated borough, village or city of seven thousand inhabitants or less, the boundaries of any such district or districts may be enlarged or changed so as to include all lands within the corporate limits of such borough, city or village or so as to include lands within and outside of such incorporated borough, city or village, but contiguous to said district in the following manner, to-wit: Whenever a majority of the legal voters residing within such school district shall petition the board of county commissioners of the couniy wherein such district is situated for an enlargement of such district, and shall file a petition with the auditor of said county, it shall be the duty of the board of county commissioners at its next regular meeting, or special meeting, to set a time and place for hearing upon such petition, and it shall cause a copy of the notice of such hearing to be posted in some public place in each district to be affected by such proposed change, and a copy thereof to be served upon the clerk of each of said districts, at least SCHOOL DISTRICTS. 11 ten (10) days before the time appointed for such hearing. The posting of such copy of notice shall be proven by the afhdavit of the person posting the same; said affidavit shall state the time and place of posting and serving of the copy of notice as herein specified, and upon filing proof of the posting and serving of such notice in the office of the county auditor, the board of county commissioners shall at the time and place fixed, pro- ceed with the consideration of such matter and shall hear all evidence offered by any person interested, tending to show what territory should be included within such district, and having heard the evidence they shall, if they find it conducive to the good of the inhabitants of the territory affected, proceed to enlarge the said school district as asked for in the petition, and to fix the boundaries thereof and of all the remaining school diij- tricts thereby affected, attaching to or detaching contigous territory to or from any such districts, in such manner as in their judgment the best in- terests of the persons and districts thereby affected may require; provided, that no action or order changing any boundaries of any school district shall be valid unless and until the foregoing requirements as to posting and serving of notices have been observed; and provided further, that when- ever the territory affected by any of the foregoing proceedings lies in two or more counties, like proceedings shall be had in each county affected, and no order in such proceedings shall be valid unless concurred in by the county boards of all such counties affected. (2677) 12. Same; apportionment of funds — At the time of making such division, enlargement or change of boundaries, the county commissioners shall apportion to the district so enlarged that portion of the debts of said other districts as may seem to them right and proper, and said apportion- ment when so made shall be binding upon all the districts affected, and the county commissioners may also apportion to said districts so enlarged, such portion of the property of such other districts as shall seem to them just and proper. Said last mentioned apportionment shall be subject to review by the district court. (2677) 13. Same; appeal — And provided further, that any person or officer of any school district aggrieved by any order of the county board made pursuant to the provisions of this section, may appeal to the district court from such order, such appeal to be governed by the provisions of section 2676. (2677) 14. Same; rehearing before county board — When the boundaries of any district have been changed by order of the county board, if there shall be filed with the auditor a petition to such board for rehearing, signed by not less than five freeholders, legal voters in said district, the auditor shall present the same to the board at its next meeting. The board shall there- upon set a time and place for rehearing, and shall cause notice thereof to be served on the clerks of the districts affected by such change, and posted as in case of the original petition. The hearing may be adjourned from time to time, and the board shall make such order in the premises as it shall deem just. (2703) 15. Same; division of funds where new school districts are formed — That whenever the boundaries of any school district are changed, or when ]2 SCHOOL DISTRICTS. a school aistric'l is loniunl troin territory comprisiug two or more districts, or when any school district is divided, the county board shall make a division of all moneys, funds and credits belonging to such districts and shall make an award of such moneys, funds and credits to the district or districts affected by such change, and in making such award the com- missioners shall take into consideration the indebtedness, if any. of the district so divided, and shall make such division as they deem just and equitable. (2696) ^\■he^e a school district lia.s voted upon and caiTied the i>roijosiliun to issue l>oiuls and procures a loan from the state for the purpose of building a school house, and such money has been received from the state, and thereafter the school district is divided, a new district being formed out of part thereof, the money so received and in the treasury of the district at the time of the formation of the new district, should be taken into consideration by the county commission- ers, in making the apportionment of f\inds and credits, as provided by law. (Simpson, Jan. 11, 1010.) At the time of making the order for the formation of a new district, the coun- ty commissioners should arrange for a division of the funds and credits between the school districts affected by such order, upon an equitable basis, but if the division is not made at that time, it can be made at a later meeting of the board, although the safer source is as first stated. It is not necessary for the petition for the formation of a new school district to call for a division of the funds; such a division is provided by law. (Simpson, .June 24, 1909.) When the county board has made an order detaching territory from a school district, as provided by chapter 13, G. L. 1909, and an appeal has been taken from the order of the district court, and the matter is pending there, such appeal suspends the operation of the order, and until it is determined the status of the territory in question remains the same as though no order had been entered, and is taxable in the old district. (Simpson, November S, 1909.) Section 2696 applies to all money in the treasury at the time of orgajiization of new district, including funds for the construction of a new schoolhouse in the old district; and, the division of such a fund is not unlawful diversion of funds raised for a specific purpose. (126 M. 209.) The division of funds under Section 2696 rests in the sound discretion of the board; and the courts will not interfere where it does not appear such exercise of discretion has been art)i(rary. (126 -\r. 209.) 16. Same; duties of county auditor — When a school district has been formed from territory comprising two or more districts, or where a school district has been divided and the county board has, by resolution, made a division of the moneys, funds and credits belonging to such districts, the auditor of the county shall be required to make a division of all the moneys, funds and credits evidenced by the records in his office pursuant to and as required by said resolution. (2697) 17. Same; districts in two or more counties — Whenever the territory affected by any of the foregoing proceedings lies in two or more counties, like proceedings shall be had in each county affected, and no order in such proceedings shall be valid unless concurred in by the county boards of all such counties. (2682) 18. Change of common to independent district — Any common or special district may be changed to an independent district as hereinafter provided. (2698) 19. Same; notice of meeting — To effect such change, ten days' posted notice of a meeting shall be given, signed by six or more resident free- holders, stating the object of the meeting, and notifying the voters of said SCHOOL DISTRICTS. 13 district to assemble upon a specified day, at a place in said district named in said notice, then and there to vote by ballot upon the question of or- ganization as an independent district. (2699) 20. Same; vote upon change — At the time and place mentioned in said notice, the electors assembled shall appoint a chairman, assistant chairman, and clerk, who shall be the judges of such election. The voting shall be by ballot, and those favoring such change shall write upon their ballot, "Independents district — Yes," and those against, "Independent district— No." (2700) Women have a ri.^ht tt) vote on the question of change from common to inde- pendent school districts, and on all questions involving the interests of the dis- trict. (Donahower, p. 132.) 21. Same; meeting to elect officers — If a majority of votes cast be in favor of the change, the clerk shall forthwith give notice thereof to the county auditor, and, within twenty days thereafter, shall call a meeting to elect officers, upon ten days' posted notice, and the same proceeding shall thereafter be had as in the organization of other independent districts: and the officers of the common or special district shall act as officers of the new district until the qualification of officers and organization of the nef board. (2701) 22. Change of independent to common district; independent district — Any independent district may change its organization to that of a common school district by a vote, by ballot, of two-thirds of the electors voting upon the question at any annual or special meeting, notice having been given that such question would be submitted at such meeting. In case of such affiirmative vote, the meeting shall elect the proper officers in the same manner as in the organization of a common school district, and the chair- man, treasurer, and clerk of the independent district shall be the chairman, treasurer, and clerk, respectively, and shall constitute the board of the common district until their successors shall qualify, a.nd the common dis- trict shall in all things be the successor of the independent district. (2702) 23. Consolidation of districts — Two or more school districts of any kind may consolidate either by the formation of a new district or by the annexation of one or more districts or unorganized territory to an existing district in which is maintained a state graded, semi-graded, or high school as hereinafter provided. A district so formed by consolidation or annexation shall be known as a consolidated school district. Before any steps are taken to organize a consolidated school district, the superintendent of the county in which the major portion of territory is situated, from which it is proposed to form a consolidated school district, shall cause a plat to be made showing the size and boundaries of the new district, the location of school houses in the several districts, the location of other adjoining school districts and of school houses therein, and the assessed valuation of property in the proposed district, together with such information as may be of essential value, and submit the same to the superintendent of education, who shall 14 SCHOOL DISTRICTS. approve, modify, or reject the plan so proposed, and certify his conclusion? to the county superintendent of schools. (Section 1, chapter 238, Laws 1915.) You state that a township and three sections in an adjoining township com- prise three school districts, and you inquire as to whether the people in the township can consolidate by forming one consolidated school district and leave out the three sections in question. I am of the opinion that your inctuiry is to be answered in the negative. The law relative to the con.solidation of districts contemplates the consolidating of two or more entire school districts into one con.solidated district. (Smith, 19i2.) In consolidation proceedings, a plat not in strict conformity with the statute but accepted and approved by the county and state superintendents and made the basis of all subsequent proceedings, is irregular merely but does not affect the jurisdiction of the proceedings. (122 M. 389.) The petition for an election on the question of consolidation of districts must state the location of the districts by naming the county and state. (153 N. W. Rep. 112. ) 24. Same; petition for; notice of election-^After approval by the superintendent of education of the plan for the formation of a consolidated school district, and upon presentation to the county superintendent of a petition signed and acknowledged by at least twenty-five (25) per cent of the resident freeholders of each school district or area affected, qualified to vote at school meetings, asking for the formation of a consolidated school district in accordance with the plans approved by the superintendent of education, the county superintendent shall, within ten days, cause ten days' posted notice to be given in each district affected, and one week's published notice, if there be a newspaper published in such district, of an election or special meeting to be held within the proposed district, at a time and place specified in such notice, to vote upon the question of consolida- tion. (Section 3, chapter 238, Laws 1915). tjn the question of consolidation, the petition for an election is jurisdictional, and it must be signed by the number of legal voters of each district required by the statute, namely 25 per cent; and a petition signed by less is wholly inef- fectual. (122 M. 390.) Two or more petitions may be circulated, one in each district, instead of one specified by the statute, in proceedings for consolidation of districts. (122 M. 389.) Election notices posted on Sunday where they remained on the following Mon- day, which was the last day for posting, are valid; and when so posted on Sun- day it is to be presumed they remained posted on the following Mondav. (127 M. 84.) 6 . V The posting of a notice of meeting for voting on consolidation in one place, instead of three places, is not sufficient. (Smith, May 4, 1915.) 25. Conduct of election; officers — At such meeting the electors shall elect from their number a chairman and clerk, who shall be the officers of the meeting. The chairman shall appoint two tellers, and the meeting and election shall be conducted as are annual meetings in common and in- dependent districts. The vote at such election or meeting shall be by ballot, which shall read "For Consolidation," or "Against Consolidation." The officers at such meeting or election shall, within ten days thereafter, certify the result of the vote to the superintendent of the county in which such district mainly lies. If a majority of the votes cast be for consolida- tion, the county superintendent within ten days thereafter shall make proper orders to give effect to such vote, and shall thereafter transmit a copy thereof to the auditor of each county in which any part of any district affected lies, and to the clerk of each district affected, and also to the superintendent of education. If the order be for the formation of a new district, it shall specify the number of such district. The county super- intendent shall also cause ten days' posted notice, and one week's published notice, if there be a newspaper published in such district, to be given of a SCHOOT. DISTRICTS. 15 meeting to elect officers of the newly formed consolidated school district; provided, that the board of a consolidated school district shall form and after the formation of the consolidated district have all the powers, priv- ileges and duties now conferred by law upon boards of independent districts. After the formation of any consolidated school district, appeal may be taken as now provided by law in connection with the formation of other school districts. Nothing in this act shall be construed to transfer the liability of existing indebtedness from the district or territory against which it, was originally incurred. (Section 4, chapter 238, Laws 1915). Participation in the election on the question of consolidation does not estop those who oppose consolidation from questioning' the validity of the election. (122 M. 384.) After the order for consolidation, official acts of officers of a de facto school district are valid, even though the proceedings are defective under the statute. (122 M. 391.) On appeal in consolidation proceedings, the appellant may be heard to insist that the officers charged witli the conduct of the proceedings had no jurisdiction or that the consolidation was against the best interests of the territory affected. (122 M. 387.) On appeal in consolidation proceedings, the county superintendent is not a necessary party. (122 M. 392.) On appeal, in formation and consolidation proceedings, the district court has power to pass upon the questions of jurisdiction of officers, and whether or not the consolidation is arbitrary and unreasonably injurious to the rights of those affected. (122 M. 384.) 26. Same; of district with another having high, graded, or semi-gradod school — In like manner, one or more school districts may be consolidated with an existing district in which is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, in which case the school board of the district maintaining a state high or graded, or semi-graded school in a district containing an incorporated village, shall continue to be the board governing the consolidated school district, until the next annual school election, when successors to the members whose terms then expire shall be elected by the legally qualified voters of the consolidated school district; provided, however, that in the case of con- solidation with a school district in which there is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, consolidation shall be effected by vote of the rural school districts only, in the manner provided under this act, and by the approval of such consolidation of the rural district or districts with the one in which there is maintained a state high or grade, or semi-graded school in a district containing an incorporated village, by the school board thereof. (Section 5 capter 238, Laws 1915). Where a eommon school district is consolidated with another in which is maintained a state graded school, the consolidated district so formed does not become an independent district except upon compliance with all the requirements of the law; and until such full compliance, the organization of the district con- taining such state graded or high school continues, and the board of that district remains the board of the consolidated district. (Smith, July 31, 1913.) 27. Same; of unorganized with existing district — In like manner any portion of an unorganized school district or district governed by a county board of education may be consolidated with an existing district in which is maintained a state high, graded or semi-graded school, by a vote of the county board of education in the county in which is located such unorganized territory and by the approval of such consolidation of the unorganized ter- ritory by the school board of the district in which is maintained a state graded, semi-graded or high school. (Section 6, chapter 238, Laws 1915). ](i SCHOOI- DISTKICTS. US. Same; certificate of; transfer of records and property — The officers of the several districts forming a consolidated school district shall within ten days from receipt of copy of the order of the county superintendent certifying the formation of the new district, or immediately after election and qualification of members of the school board in the consolidated school district, turn over to the proper officers of the newly elected school board, or to the proper oQicers of the school board in the district maintaining the state high or graded, or semi-graded school, all records, funds, credits, buildings, property and other effects of their several districts. (Section 7 chapter 238, Laws 1915). 29. Same; power to provide schools, sites, transportation facilities — For the purpose of promoting a better condition in rural schools, and to encourage industrial training, including the elements of agriculture, manual training and home economics, the board in a consolidated school district is authorized to establish schools of two or more departments, provide for the transportation of pupils, or expend a reasonable amount for room and board of pupils whose attendance at school can more economically and conveniently be provided for by such means; locate and acquire sites of not less than two acres, and erect necessary and suitable buildings there- on, including a suitable dwelling for teachers, when money therefor has been voted by the district. They shall submit to the superintendent of education a plat of the school grounds, indicating the site of the proposed buildings, plans and specifications for the school building and its equip- ment, and the equipment of the premises. (Section 8, chapter 238, Laws 1915.) School districts are not liable for injuries to pupils. Tlie public schools are public institutions performing a public duty. However, this rule does not apply to drivers of rigs employed to transport pupils to and from schools. Such a driver is liable for the consequences of his own negligence or want of ordinary care. The bond required of sucli driver is simply a guarantee for the faithful discharge of his duties, and cannot be construed as covering any accidents of that character. (Smith, Jan. 22, 1914.) 30. Same; classification of, for state aid — For receiving state aid schools in consolidated districts shall be classified as A and B. Schools of Class A shall be in session at least eight months in the year and be well organized. They shall have suitable school houses with the necessary rooms and equipment. Those belonging to Class A shall have at least four departments and those belonging to Class B, at least two departments. The board in a consolidated school district maintaining a school of either class shall arrange for the attendance of all pupils living two miles or more from the school, through suitable provision for transportation or for the boarding and rooming of such pupils as may be more economically and conveniently provided for by such means. (2) Besides maintaining schools in consolidated districts conforming to the requirements of those coming under classes A and B, the school board may maintain other schools of not more than two departments, and redeive state aid for these as provided for semi-graded and rural schools. 31. Same; qualification of principal of, for state aid— The principal of a consolidated school shall be qualified to teach the elements of agri- culture, as determined by such tests as are required by the superintendent SCHOOL, DISTRICTS. 17 of education. A school of this class shall have suitable rooms and equip- ment for industrial and other work, a library, and necessary apparatus and equipment for efficient work, and a course of study embracing such branches as may be prescribed by the superintendent of education. (2) The principal and other teachers, including special teachers, shall have such qualifications as may be fixed by the superintendent of education. 32. Same; amounts of aid to classes A and B — School under Class A in consolidated districts shall receive annually aid of five hundred dollars ($500); those under Class B shall receive annually aid of two hundred and fifty dollars (?250). In addition to such annual aid, schools shall receive annually the amount reasonably expended for the trasportation of pupils, not to exceed two thousand dollars ($2,000.00). In addition to other annual aid consolidated schools of either of the above classes shall receice an amount to aid in the construction of build- ings, equal to twenty-five (25) per cent of the cost of such buildings, but no school shall receive more than a total of two thousand dollars ($2,000.00) for aid in construction of buildings. The annual aid and the aid for buildings shall be paid in the same manner as now provided by law for the payment of other state aid to public schools. Whenever any school in a consolidated district attains the rank of a state high or graded school it shall possess the rights and privileges of such school. 33. Same; prior laws relating to, repealed— Sections 1289, 1290, 1291, 1292, 1293 Revised Laws 1915, and chapter 326, Session Laws of 1905, and chapter 304, Session Laws of 1907. Chapter 207, Session Laws of 1911, and chapters 279 and 428, Session Laws of 1913, and other acts and parts of acts inconsistent herewith are hereby repealed. 34. Same; title to property, officers — In case of the formation of a new district, like proceedings shall be had within ten days after the or- ganization of such district, and in all cases of change of boundaries or consolidation of districts the title to school houses and sites shall vest in the district in which such property is included after such change or consolidation; and in case of consolidation the officers of the old districts shall continue to exercise their duties until the officers of the new district quality. (2695) 35. Dissolution of districts — Any district in which for two years no school has been held may be dissolved by the county board, and its ter- ritoi-y attached to one or more existing districts, upon notice as in other cases of change of boundaries, in the most equitable manner possible, and with regard to the convenience of the inhabitants; and any funds belong- ing to such dissolved district after the payment of its debts shall be distributed among such districts by the auditor in proportion to the asssessed value of the real property so attached to each. (2685) A county board has authority, on its own initiative, to dissolve a school dis- trict in which a school has not been maintained for two years or more, provided the required notice has been given: and a petition is not necessary, (Smith, May 3, 1913.) ]H SCHOOL DISTRICTS. liO. Same; petition for; approval of county superintendent — Any com- mon school district ( ) in any county liaving a county board of education may be dissolved, annulled and discontinued by tlie county board as here- inafter provided. A petition requesting the taking of such action shall be presented to said county board and shall contain a correct description of the territory included in said district, the number of persons residing therein, the total assessed valuation of all property within said district and request that such district be dissolved, annulled and discontinued. Such petition shall be signed by a majority of the freeholders qualified *o vote for school officers in said district and before being presented to the county board it shall be approved by the county superintendent of schools if such petition meets with his approval, and it shall also be approved by the county board of education. (2789) 37. Same; notice of hearing petition of county board — Upon the presentation of such petition approved as aforesaid, the county board shall designate a time for hearing the same and notice thereof shall be given in the manner provided by law for notice in the case of the information of the school district. (2790) 38. Same; appeal from action of board — At such hearing the board shall act in a manner similar to the action provided by law for the forma- tion of districts, and any person aggrieved may appeal in like manner. (2791) 39. Same; county board; disposition of funds — If said petition is granted by the county board, then said school district shall from that time cease to exist and all of the territory thereof and the schools previously conducted by it shall then come under the jurisdiction of the county board of education of said county, and shall thereafter be managed by said county board of education in the same manner as if said district had never been organized. And it shall be the duty of the oflBcers of said vacated school district to forthwith deliver to the county auditor of said county all of the books and records of said school district, and to the county treasurer all of the money and school funds in its possession, and said county treasurer shall forthwith credit all such moneys and school funds to the account of the county board of education of such county. The county treasurer shall thereafter credit to the account of said county board of education all moneys and school funds thereafter collected from any previous tax levy maide by said school district, except such moneys and school funds as are derived from taxes levied for the purpose of paying the bonds or interest on the bonds of any such school district. (2792) 40. Same; outstanding obligations — All incurred and outstanding ob- ligations of any district so discontinued and vacated shall be and remain a charge upon the property formerly within said district to the same effect as if said district had not been discontinued, and the county auditor shall each year levy against all of the taxable property within the limits of said former school district a suflBcient levy, not to exceed the maximum pro- vided by law, for the cancellation and liquidation of such outstanding in- SCHOOIi MEETINGS. 19 debtedness, such levy to be made year after year until said entire in- debtedness is cancelled and extinguished. And the amount levied by the county board of education upon all taxable property in unorganized ter- ritory shall be levied upon the property within the limits of said former school district in addition to the amount so levied by said auditor and in the same proportion that it is levied upon the taxable property in said county outside of organized school districts. (2793) 41. Same; certain counties exempt — This act shall not apply to any county or counties not having a county board of education as provided by chapter 76, General Laws 1907. (2793) CHAPTER II. SCHOOL MEETINGS. 42. Annual meeting — The annual meeting of all common and inde- pendent districts shall be held on the third Saturday in July, at 7 o'clock p. m., unless a different hour has been fixed at the preceding annual meet- ing, upon ten days' posted notice given by the clerk, and specifying the matters to come before such meeting; but the failure of the clerk to give such notice, or to specify the business to be transacted thereat shall not affect the validity of any business, except the raising of money to build or purchase a school house, the authoriizng of an issue of bonds, the fix- ing of a school house site, the organization as an independent district, or the change from an independent to a common district. The boards of education or trustees in special school districts may fix the time of the annual meeting, when so authorized by vote of the district; provided, that the polls at all school meetings shall be held open at least one hour. (2710) The time and place of an annual meeting need nut be designated at the last preceding annual meeting. (12 M. 17) (Gil 1.) A notice of meeting over the signature of five or more freeholders, qualified electors of the district, but which fails to recite on its face that the signers were such freeholders, is not void for want of such recital. (45 M. 88.) When the polls at a school meeting have been held open for one hour and the ballots counted, they cannot thereafter be opened and another ballot taken, even when there has been no choice. At the election of school officers, a plurality of votes only is necessary to a choice, and not a majority of all the votes cast under section 1308, R. L#. (Young, July, 1906.) A school meeting may be held open until the business is transacted, whether it be for an hour or more, under section 1305. (Young, p. 185.) The term "posted notice" shall mean the posting at the beginning of the pre- scribed period of notice, of a copy of the notice or document referred to, in a, manner likely to attract attention, in each of three of the most public places in the district to which the subject-matter of the notice relates, or in which the thing of which notice is given is to occur or be performed. (Sub. 14, section 5514, R. L. 1905.) 43. Same; district clerk to mail notice — The annual school meeting of any common school district may in its discretion authorize and direct the district clerk to mail a notice of annual and special school meetings to the electors of the district, at least five days before the date of the meeting; provided, that the failure or neglect of the clerk to mail such notice shall not affect or invalidate the said meeting or the business transacted thereat. (2713) 20 SCHOOL MEETINGS. 44. Special meetings — Upon the written request of five freeholders and voters of a district, specifying the business to be acted upon, or upon the adoption of a proper resolution, so specifying, by the school board, or upon a request, so specifying, signed by a majority of the members of the school board, the clerk shall call a special meeting of such district upon ten days' posted notice and one week's published notice, if there be a newspaper printed in such district, and shall specify in such notice the business named in such request or resolution and the time and place of meeting. If there be no clerk in the district, or if he fails for three days after receiving such request or resolution to give notice of such meeung. it may be called by like notice signed by five freeholders and voters of the district. No business except that named in the notice shall be trans- acted at such meeting. In case it shall be made to appear by affidavit that there are not five voters who are freeholders in any school district, or that there is not a legal school board therein, the county superintendent of schools of the county in which such district is located, shall, if in his opinion there Is need for such school meeting, call such meeting by giving notice thereof as hereinbefore provided. (2711) The powers of a school district are the same at a special as at an annual meeting.— 12 M. 17 (Gil. 1.) When two requests or petitions for meetings to consider different matters, are filed, it is immaterial which meeting is first called; though the natural and orderly course is to call the meetings in the order in which requests were filed. — Young, May, 1907. When a petition is filed with the clerk for a special meeting, it is his duty to call such meeting by posted and published notices: and if he fail to do so, such meeting may be called by like notices signed by five freeholders of the district. It is neither necessary nor proper that the board act upon such petition or request. —Young, May, 1907. A special school meeting to bond a school district to build a new schoolhouse cannot lawfully be held on Memorial Day, May 30th, and the state board of invest- ment would not accept bonds voted on that day, and would not loan state money thereon. — Simpson, June 8, 1910. It is not proper for the electors at a special school meeting to appoint a building committee consisting of two members of the board and o^^" outsider, to dispose of an oM schoolhouse, and let a contract for a new one. When a school district votes to build a school house, designates a site and provides funds for the purpose, the trustees of the district are charged with the duty of executing the will of the district in the premises. — Simpson, July 22, 1909. Under sections 1306, 1308, 1320, R. L,., the site of a schoolhouse may be changed at a special meeting of the voters. (141 Northwestern Reporter, page 801.) A schoolhouse site may be changed at a special meeting of the voters called for the purpose pursuant to section 27ll. (121 M. 376.) Where, at a special meeting, the proposition to change the location of a schoolhouse was voted on and declared carried by the moderator, it sufficiently appears it was carried by the vote required, although the proof did not show the affirmative voters were a majority of the resident voters. (121 M. 376.) 45. Elections; conduct of in certain independent districts — In all in- dependent school districts in this state, having within their boundaries four or more organized villages, the school board shall at least, thirty days before the next annual school meeting to be held in such districts after the passage of this act, by resolution in writing, divide the district into precincts for the purpose of electing members of the school board, voting on the issue of bonds, and on all other matters specifically submitted for vote by ballot; and may thereafter change the boundaries of such precincts, consolidate two or more, or establish new ones, as the convenience of the voters shall require. Such resolutions shall describe the precincts, giving the boundaries thereof, fix a polling place at some school building in each SCHOOL MEETINGS. 21 precinct most convenient and accessible to the majority of voters therein, and shall be filed in the office of the district school clerk, and a copy thereof forthwith filed in the office of the county auditor of the county wherein the district is located. (Section 1, chapter 111, Laws 1915). 46. Same; notice of, when polls to be open — The regular elections held in said precincts shall be on the Saturday next preceding the annual school meeting of such district. The polls shall be opened and closed al the hours fixed by the previous annual meeting, except that at the first election held after the passage of this act the hours of opening and closing the polls shall be fixed by the school board. Notice of such elections shall be given in each precinct in the same way and for the same length of time as provided by law for annual school meetings, stating the time and place, and the matters to be voted on; and no proposition, except the election of officers, shall be voted on by ballot unless specified in the notice. (Section 2, chapter 111, Laws 1915). 47. Same; organization and conduct of — At least twenty days before the next annual school meeting of such district, said school board shall, by resolution filed with the clerk of the board, appoint from the resident electors a moderator or judge of election and two clerks from each precinct. The clerk of said school board shall immediatelw notify in writing each person so appointed, of his appointment, and such person if present at the hour set for opening the polls, shall qualify, open the polls and conduct such elections the same as elections are conducted at annual school meet- ings. If any of such appointed afficers are absent or fail to act at the hour set for opening the polls, the electors present may choose any elector then present to fill the vacancv, who shall qualify and act. Each voter shall after marking his ballot, fold the same so as not to disclose any markings thereon, hand the same to the moderator, who shall deposit it in the ballot box. The election officers shall keep a poll list in which they shall write the name of each elector voting, numbering the same -n consecutive order. At the time fixed the polls shall be closed, and the officers of election in each precinct shall forthwith count the votes and certify the results of the vote to the clerk of the district, place the certi- ficate, poll list, ballots and all other records of such election, in an envelope, securely seal, and mail or deliver the same forthwith to the clerk of the district. (Section 3, chapter 111, Laws 1915). 48. Same; canvass of vote; declaration of result; board to canvass votes — The school board shall canvass said votes and declare the results thereof at the next annual school meeting. The result shall then stand, and the board shall take such action in regard to said election and all matters voted upon thereat, as if the election had been held at such annual meeting. (Section 4, chapter 111, Laws 1915.) 49. Same; special; when held; conduct of — Special elections may be called and held in such districts the same as heretofore provided by law, except that in all matters to be voted upon by ballot, such elections shall be held in such precincts instead of at a school meeting. Notice of such special elections shall be given in the same way and for the same time 22 SCHOOL* MEETINGS. as is now provided by law for special elections in independent school districts. The election officers appointed for the regular election shall preside at such subsequent special elections, and vacancies by reason of absence or failure of any such officer to act, may be filled in like manner as at regular elections. Such special elections shall be conducted and the records thereof certified to the school board the same as for regular elections. The school board shall canvass the vote and declare the result thereof within three days after the receipt of such returns from all the various precincts. (Section 5, chapter 111, Laws 1915). 50. Same; application of general laws to — Except as herein specifically provided, the general laws relating to the holding of school meetings, special school meetings, and special elections in independent school districts, shall be applied, construed and used by said school boards and by said officers of elections in carrying out the provisions of this act. (Section 5, chapter 111, Laws 1915). 51. Rights of women as electors and officers — Women may vote for school officers and members of library boards, and shall be eligible to hold any office pertaining to the management of schools or libraries. Any women of the age of twenty-one years and upward and possessing the qualifications requisite to a male voter, may vote at any election held for the purpose of choosing any officers of schools or any members of library boards, or upon any measure relating to schools or libraries, and shall be eligible to hold any office pertaining to the management of schools and libraries. (Article 7, section 8, State Constitution). \ woman who is entitled to vote, and is a freeholder, can sign petitions and remonstrances respecting the formation and alteration of school districts. — Clapp, August 28, 188S. A foreign-born woman becomes, under the laws of the United States, a citizen when she marries a citizen, and, if married, then when her husband becomes a citizen, and if married to a citizen, she may, if she possesses the other neces- sary qualifications, vote without taking out any naturalization papers, but to entitle her to the rights of citizenship, her husband, if foreign born, must have taken out his full citizenship papers, that is, his second papers, so called. — Clapp, April 13, 1887. Women may vote upon the question of fixing the site for a schoolhouse. — Chii'ds, February 21, 1895. Women may vote upon the question of the issuance of bonds for the purpose of erecting school buildings. — Childs, February 21, 18£5. Women twenty-one years of age and otherwise eligible are entitled to vote at school meetings on question of issuance of district bonds. — Douglas, April 3, 1899. There is no property qualification required to entitle a person otherwise qualified to vote at an annual school meeting upon the question of raising money for improvements in the district. The same general qualifications maintain as for general elections. — Simpson, August 3, 1909. A commission form of city government including provisions for the estab- lishment and maintenance of schools and voted upon and adopted by the voters, exclusive of women, is not in contravention of the constitutional provision relat- ing to the establishment and maintenance of a system of public schools. (128 Minn. 82.) 52. Records to be evidence — The records of all school districts and boards, and all transcripts thereof, or of any part thereof, certified by the clerk or other officer having custody thereof, shall be prima facie evidence of the facts therein stated, and all records, books and papers of such district or board shall be subject to the inspection of any voter of the district. (2714) SCHOOL MEETINGS. 23 A record of a meeting- which states tliat it was held "pursuant to notice previously given in writing agreeably to the statute" is prima facie evidence of a regular notice. — 12 M. 17 (Gil. 1.) From an allegation that a regular meeting was held at which a certain vot<- was had, it will be presunud the nieciiug was valid. — 31 M. 227. 53. Powers of annual school meetings — The annual meeting, not less than five legal voters being present, shall have power: 1. To elect a chairman and clerk pro tern, if the chairman and clerk of the board be absent; but in common and independent districts the chairman and clerk of the school board shall officiate in their respective capacities at all meetings of the electors of the district. 2. To adjourn from time to time. 3. To elect by ballot officers of the district. In all elections or vote by ballot, the clerk shall record the names of all voters participating therein, and the chairman shall appoint as tellers two disinterested electors, who, with the assistance of the clerk, shall supervise the balloting and canvass the votes. 4. To designate a site for a school house, and provide for building or otherwise placing a school house thereon, when proper notice has been given, but a site on which a school house stands or is begun shall not be changed, except by vote therefor, designating a new site, by a majority of the legal voters of the district, who have resided therein not less than one year prior to the vote. 5. To repeal and modify their proceedings from time to time, in accordance with the powers therein conferred. (2715) A school district has authority to employ a part of a dwelling house as a school house.— 7 M. 203 (Gil. 145.) A meeting must determine upon the erection of a schoolhouse or the selection of a site before a tax can be levied therefor. — 10 M. 433 (Gil. 345.) "When a district purchases a site for a schwolhouse, erects a schoolhouse thereon, and continues to use it, it will be presumed that the site was legally selected by the voters, and that the officers acted within the scope of their authority, when all the records relating to it have been lost. — S3 M. 111. Must Show Authority. — As school districts are mere creatures of law, estab- lished for special purposes, and derive all their powers from the acts creating them, it is perfectly just and proper that they should be obliged strictly to show their authority for the business they transact and be confined in their operations to the mode, manner and subject-matter prescribed. — School District No. T, Wright County vs. J. H. Thompson, .5 :Minn., page 221. The directions to contract for the erection or lease of a school house must come from a district meeting, and in the powers conferred upon that meeting there is no limitation as to the amount which shall be expended for the purposes designated, the only limitation being as to the amount of tax which may be levied in any one year, namely, six hundred dollars. — Robbins vs. School District No 1, Anoka County, 10 Minn., page 268. The legal voters at the annual or at a special meeting have no power to select a teacher, or to determine what salary shall be paid. These are questions for the district board, which "gets its authority, not from the voters, but from the law." District officers must be elected by ballot. — Wilson, page 352. Voters may at a lawful meeting rescind vote of former meeting as to selecting site and raising money to build a schoolhouse. — Wilson, page 366. The proceedings of a school meeting presided over by a moderator not elected in due form are valid if no objection be made at the time. — Hahn, p. 477. "If funds are not in hand, cannot the electors authorize the board to borrow funds for the purchase of a schoolhouse site?" No authority is given to school districts to borrow money save in the manner provided by law. — When, however the district has incurred an indebtedness for a purpose authorized by law and the payment of such indebtedness is postponed to a future day, the district', in con- sideration of the forbearance, may contract lo pay interest thereon, and' for that purpose may execute and deliver promissory notes. — Wilson, page 316. It appears that the trustees built the schoolhouse well to the northern boun- dary of the district, and in so doing ignored the vote of the district in fixing the site. In this they clearly exceeded their authority, and the district would not be bound by their action, and could not be compelled to pay for the house Wilson page 297. 24 SCHOOL MEETINGS. Tlic district meeliiig may ratify a contract by the iruslccs lur luoic llian live months' school, and levy a la.K lor the payment of teachers so employed. — Cole, page 102. If a district voles to have school for a lunger time than that required by law, it nuisi also vote auuqualH nitans to support it. The trustees have no power to levy a lax to meel the increased expense. — Cornell, page 256. The annual school district nieeling, if held without the statutory notice, can- not vote nionty fur the building ur purchasing of a schoolhouse, or (tix the site thereof, bul maj' transact all uthir lawful busin<*ss. — Wilson, page 324. Notices are not essential to the legality of an annual school meeting, but when irtonty is to be raised to build or buy a schoolhouse or tix the sue thereof, written notices setting forth that such money is proposed to be raised or a site established must be posted as prescribed in the law. — Cole, page 74. A person who is a resident of a district and legally qualified to vote at a town meeting or general election, is a legal voter of such district, and hence eligible to hold the office of trustee therein. Unuer our constitution, a residence for ttie purpose of voting is not lost by reason of absence while a student in any semi- nary of learning. — Cornell, page 257. "Is it competent for a school meeting to vote a term of school other than the precise term mentioned in the notice?" In my judgment it is competent for a district, at a meeting called upon such notice, to vole any length of term allowed by law. While il is true that the notice is to the effect that a vole will be taken as to whether tliey will ha\e seven months' school or not, it must be borne in mind that the object of the meeting, as gathered from the notice itself, is to fix the length of the term, and, it coining within the purview of the can, there is no question about the right of the district to take such action. If the notice for the meeting stated the object so precisely that no opportunity of choice and no variation of mode should be left to the meeting, it would give those whose duty it is to call the meeting a check upon the free exercise of the right vested in the residents of the district. — Clapp, September 33, 1S87. After a tax for school district purposes has been extended upon the tax duplicate and partly paid, it is too late to raise the question as to its legality before this office. It must be treated as regular and valid until an adversei iudicial determination.— Cole, pages 2(i0, 291. The electors of a common school , Laws 1901, apiJlies to cities whose boundaries are co-extensive with the school district; and until the territory of both city and district are co-extensive, members of the school board cannot be elected as pre- scribed in that chapter. — Young, July, 1E07. 57. Same; in common districts — ^The school board of each common school district shall consist of a chairman, a treasurer and a clerk. At the first meeting of each school district embracing or containing less than ten townships, the chairman shall be elected to hold office until August 1 following the next annual meeting; the treasurer until one year from such date, and the clerk until two years from such date. At the first meeting in each common school district, embracing or containing ten or more townships, the chairman shall be elected to hold office until August 1 following the next biennial general state election, and the treasurer until one year from such date, and the clerk until two years from such date. Said trustees so elected in districts embracing or containing ten or more townships shall be paid such salary or compensation as the electors or legal voters of such district at the annual meeting thereof shall fix or determine, and the electors or legal voters of such district at the annual meeting thereof shall have power and are hereby authorized by a majority vote to fix and determine and authorize the payment of salaries or com- pensation to said trustees. The vote upon the payment of such salaries or compensation shall be by ballot. (2732) The election must be made by ballot. "An election, therefore, of school district officers by viva voce vote would be irregular and invalid. A person elected in this way to office would have no title that he could assert against a regular in- cumbent of the office holding after the expiration of this term. And yet a per- son elected by a viva voce vote, having quaUfled and assumed the duties of the •fficfc to which he was elected, would be an officer de facto, and his acts as to •lird persons would be valid." — Wilson, p. 352. It is no part of the duties of the county attorney to advise school district officers. For the services named he would be entitled to the same fees as if per- formed at the request of a private individual. — ^Hahn, p. 4C5>. Under our constitution and laws, aliens are not eligible to any office elective by the people. If, however, an alien were elected to the office of district clerk of a school district, or appointed to such office by the proper api>oiiiting power, and should assume such office by virtue of such election or appointment, and fxercise the duties thereof, he would be an officer de facto, and his acts, though not those of a lawful officer, the law, upon principles of policy and justice, would hold to be valid, so far as they involved the interests of the public and third par- ties. — Wilson, p. 316. Many matters arise relating to the election of school district officers. While it is important that all the requirements of the law be complied with, it should be borne in mind that the official act of an officer does not necessarily depend for its validity upon the regularity of his election. Where a person is exercising the duties of an office under color of authority, claiming title to the same, he is what in law Is termed an officer de facto, and his acts are valid until he is ousted from thp office V)y legal proceedings, or abandons the office. The right of a de facto officer to hold the office cannot be questioned collaterallv, but can onlv be questioned in an action brought directly against him to oust him from the office; thus, it may frequently happen that a person is occupying an office and his acts as such officer will be valid, yet his title to the office be so defective that In a direct proceeding brought against him to oust him, his title to the office could be defeated. — rinpp, M.qrrli LT, ism SCHOOL BOARDS AND OFFICERS. 27 An election of school officers is nut necessarily invalidated on account of the polls being kept open less than the time named in the statute, unless it is made painly to appear that such numbers of voters were thus deprived of the right to vote as would have changed the result. — Childs, August 13, 1895. The mere fact that the school meeting was not called to order until a half or three-quarters of an hour after the time named in the law would not in itself render the meeting invalid. — Childs, August S, 1892. An annual meeting held either at an earlier or later date than that prescribed in the statutes is invalid for any purpose. — Childs, July 29, 1896. In case of a tie vote for trustee at an annual school meeting a second ballot cannot be taken, but a vacancy exists which the board of trustees is authorized to till by appointment. — Douglas, July 31, 1900. A member of the .'ichool board cannot legally receive a salary for teaching the school of his district. — Smith, April 9, 1915. 58. Same; in independent districts — The school board of each inde- pendent school district shall consist of six directors. At the first meeting of the district, six directors shall be elected, two to hold until August 1 following the next annual meeting, and two to hold until the expiration of one year, and two until the expiration of two years, from said August 1; the time wiiich each director shall hold being desi.gnated on the ballot. (2733) Non-voting of certain members of the school board in an independent dis- trict permits the election of a superintendent by a majority vote of a quorum, the rule being that if there is a quorum present, and a majority of the quorum vote in favor of a measure, it will prevail, although an equal number should refrain from voting. It is not the majority of the whole number of members present that is required; all that is requisite is a majority of the number of members required to constitute a quorum. — Simpson, March 16, 1909. The president of the board of education is a member of the board, and the fact that he is chosen to act in the official capacity of president does not deprive him of the right to vote. Four members of a board will constitute a quorum, whether the president of the board be one of that number or not. — Simpson, Aug. 11, 1909. 59. Organization of school boards in independent districts — Within ten days after the election of the first school board in independent districts, and annually thereafter on the first Saturday in August, or as soon there- after as practicable, the board shall meet and organize by choosing a chairman, a clerk, and treasurer, who shall hold their offices for one year, and until their successors are elected and qualified. They may also elect a superintendent, who shall hold oflace during the pleasure of the board. He shall be ex-ofiicio a member of the board, but not entitled to vote therein. (2734) Where, at a meeting of a school board in an independent district, for the purpose of electing a superintendent, the vote results in three votes being cast in favor of a candidate, one vote against him, and two members of the board not voting, the candidate receiving the three votes is elected. — Simpson, March 16, 1909. There being no provision of law requiring that a written ballot shall be taken by a board of education, on the question of electing a superintendent, an "Aye" and "Nay" vote would be sufficient.— Simpson, March 17, 1909. The proceedings at a meeting of the board of an independent district, at which the superintendent is not present by reason of failure to give him notice, are valid. — Douglas, p. 129. A person selected to act as chairman or "acting president" of the board of an independent district, in the absence of the president, cannot countersign orders or warrants. — Young, p. 191. The officers of boards in independent districts must be chosen from the mem- bers of the board. 60. Publication of proceedings in independent districts — The school board of each independent school district in this state shall cause to be published once, in some newspaper published in the city or village con- stituting or in which such school district is located, or if there be no 28 SCHOOL BOARDS AND OFFICERS. newj^paper so publislied therein, then in a newspaper published at the county seat of the county in which such school district is located, the official proceedings of such board, and such publication shall be mad' as soon as may be, and not later than thirty days after the meeting ai which such proceedings were had. Such publication shall be let annually by contract to the lowest bidder, at the first regular meeting of said board after the annual election in such district, provided that not more than fifty cents per folio shall be paid for surh publication (Chajjlfr rtfJn, Laws 1915.) 61. Vacancies — A vacancy in any school board or board of education elected by the people shall be filled by the board at any legal meetin.;< (hereof until such vacancy can be filled by election at the next annual meeting in school districts containing less than ten townships and at thf next general biennial state election in school districts embracing or con- taining ten or more townships. Such appointment shall be evidenced by a resolution entered in the minutes. All appointments and elections to fill vacancies shall be for the unexpired term. (2742) 62. Same; special election — If the board shall fail for ten days to fill any vacancy, a special meeting may be called for that purpose by ten days' posted notice signed by three qualified voters, freeholders or householders of the district, setting forth the object of the meeting. Officers elected at such meeting shall hold for the unexpired term, but no such meeting shall be held within thirty days before the annual election or annual meeting in districts containing less than ten townships nor within thirty days before the general biennial state election in districts embracing or containing ten or more townships. (2743) • It is not mandatory that the board fill a vacancy within ten days; and they may fill it at a later time, but should not do so after ten days and after a meeting for the purpose of filling such vacancy has been called by three qualified voters. The vacancy should be filled as provided in section 1316, R. L. — Young, May, 1907. Where, at an annual school meeting, there were two candidates for district clerk, and each received twenty-two votes, the ballot resulted in no election, thus causing a vacancy in the office of clerk, which could be filled by the board within ten days, and if not so filled, a special meeting could be called for that purpose, by ten days' posted notice, signed by three qualified voters, freeholders or house- holders of the districts, and setting forth the object of the meeting. Sec. 1317, R. L. 1905.— Simpson, July 21, 1909. When a member of the board has removed from the district, his office is vacant; and the vacancy thus occasioned may be filled by the remaining members of the board, and the person appointed will hold office until the next annual meet- ing, construing section 1316, R. L. — Young, Decernber, 1906. In case of a tie vote at an annual school election for officers, a second ballot cannot be taken, but a vacancy exists in the office, which vacancy can be filled by appointment by the school board; but if the Ijoard shall fail for ten days to fill such vacancy, a special meeting will be called for that purpo-^e, by ten days' posted notice, signed by three qualified voters, or freeholders of the district, and setting forth the object of the meeting. — Young, .59. The word "householder" as used in the foregoing section is one who is master or chief of a family occupying a dwelling house; one who occupies a house as a place of residence, without any relation to the title by whch such property is held. The term refers to the civil status of the person, and not to his property therein or otherwise. Consequently one may be a "householder" without owning real estate or Interest therein; and one may be a "freeholder" and not a "householder," or a "householder" and not a "freeholder." Under the foregoing section It Is not necessary for a signer of the petition to be a "freeholder"; but if he is a voter in the district and a "householder," it is sufficient. If he is either and a voter in the district he is qualified. (Smith, November 24, 1913.) 63. Acceptance of office — Oaths, where filed — All persons elected or appointed district ofTicprs shall, within ten days after notice of such SCHOOL BOARDS AND OFFICERS. 29 election or appointment, file with the clerk or secretary of the district his acceptance of the office and his official oath, or be deemed to have refused to serve, but such filing may be made at any time before action to fill the vacancy has been taken. (2744) 64. Quorum in school boards — A majority of the school board shall constitute a quorum, but no contract shall be made or authorized except at a meetins; of the board of which all member.s have had legal notice. (2745) Contracts, to be binding on the district, must be made or ratified by at least a majority of the board after notice and an opportunity to all the trustees to take part in the matter. — 35 M. 163. To bind the district, a contract for supplies by two trustees must be author- ized or ratified at a meeting of the trustees; but if such supplies are received and used bv the district for such a length of time as to raise the presumption that it was with the common consent of the district, it would be bound to pay for them. — 37 M. 96. When two of the trustees employ one to perform work for the district, and such action is ratified by the full board, such employe may recover of the dis- trict, notwithstanding- the work was for a new school house when no site had been lawfully selected by the voters, and the trustees were not authorized to build the school house. This is based upon the law that trustees who act within the scope of Iheir authority, bind the district; and the burden of proving excess of power is upon the district. — 93 M. 409. Director or trustee may not be a party to a contract with the district. Cur- rie vs. School District, 35 Minn. 163, 27 N. W. Rep. 922. In order to bind the dis- trict, contracts must be made or ratified by at least a majority of the board, after notice and opportunity to all of the trustees to participate in the transaction. —Id. When one member of board refuses to assent to contract by majority, he may be compelled to by law. — Cornell, p. 260. When a part of the members present refuse to vote at all, a vote may be le- gally decided by a majority of those actually voting, though they do not constitute a majority of the whole number present. This rule rests upon the principle that members present and not voting will be deemed to assent to the action of those who did vote. — Simpson, March 17, 1909. 65. Powers and duties of school board — The school board shall have the general charge of the business of the district, and of the school hoyses and the interests of the schools thereof, and shall: 1. When authorized by the voters at a regular meeting or a special meeting called for that purpose, may acquire necessary sites for school- houses, or enlargements or additions to existing schoolhouse sites, by lease, purchase or condemnation under the right of eminent domain; erect, lease or purchase necessary school houses or additions thereto; and sell or ex- change such school houses or sites and execute deeds of conveyance thereof. In any village or city such site, when practicable, shall contain at least one block, and, if outside of any city or village, two acres; and when any school house site shall contain less than such amount, the board shall, if practicable, asquire other land adjacent to or near such site to make, with such site, such amount. 2. Purchase, sell, and exchange school apparalus, furniture, stoves, and other appendages for school houses. 3. Provide proper outhouses for the schools, plant shade trees and shrubbery, and otherwise improve school sites, procure insurance on school property, and make proper ordinary repairs thereon. 4. When necessary, lease rooms for school purposes. 5. Employ and contract with necessary, qualified teachers, and dis- charge the same for cause. 30 SCHOOL BOAUnS AND OFFICERS. 6. Provide for the healing and care of school housed and rooms. 7. Provide for the payment of all just claims against the district in rases provided by law. 8. When directed by a vole of the district, or when the board deems it advisable, adopt, contract for and purchase text-books needful for the schools of the district, and provide for the free use of such books by the pupils of such schools, or their sale to them at cost; but no such adoption or contract shall be for less than three or more than five years, during which time such books adopted shall not be changed. 9. Defray the necessary expenses of the board, including three dollars per day for attending one meeting of the school boards of the county in each year, when called by the county superintendent, and five cents per mile in going to and returning from such meeting, and pay for such record books, stationery, and other incidental matters as may be proper. 10. Superintend and manage the schools of the district, adopt, modify, or repeal rules for their organization, government, and instruction, and for the keeping of registers, prescribe text-books and courses of study, and visit each school at least once in three months. 11. In all proper cases, prosecute and defend actions by or against the district. (2746, amended by c. 25, Laws 1915.) A promissory note, signed individually by the trustees makes the trustees prima facie personallv liable: and the burden is upon them to show it is a vaJld note of the district.— 13 M. 106 (Gil. 96). Where, at a meeting, it is voted to have school kept for a specified time, and sufficient funds are provided, the trustees are liable to a. penalty for neglecting, without excuse, to provide the school for such time; and the action to enforce the penalty may be brought by a director or a freeholder in his own name. — 31 M. 227. A trustee cannot enter into a contract with the other trustees for services or supplies to the district for a compensation; and the fairness of such a transaction cannot be considered.— 35 M. 163. The school house of a district is not subject to a mechanic's lien. — 39 M. 298. A school district is not liable for money borrowed by its trustees to complete a school house, -without authority, even though it receives the benefit; and no ratification can be inferred from its enjoyment of the improvement for it has had no opportunity to reject. — 54 M. 385. "When orders have been legally issued by the trustees, payable generally and not out of a particular fund, the district is liable and must provide funds to pay them.— 91 M. 41. When the trustees act within the apparent scope of their authority the burden of proving an excess of authority is upon the one alleging it. — 93 M. 409. The trustees have power, prior to the annual meeting, to employ a teacher for the ensuing year, and to bind the district for at least six months and for such further time as shall be fixed by the voters at such annual meeting. — 93 M. 411. Where there were sufficient funds on hand therefor, the board of trustees on their own motion caused a well to be dug and a pump placed over it for the use of the school. Held, that the board had no authority to make expenditures of pub- lic money for such a purpose until authorized by the voters of the district at a properly "called meeting. — Childs, Aug. 24, 1893. The law provides that "the board of trustees shall have the general charge of the interests of the schools." If there are funds on hand not designated by vote of the district to any specific purpose, and not needed to meet matured or maturing claims of teachers, such funds may be used by trustees to purchase any articles necessarj', in their judgment, to the "interests of the school." — Wilson, p. 367. "When a school district votes to build a school house, designates site and provides funds for the purpose, the trustees of the district are charged with the duty nf ovooiitine ihp will of tfip rliotrict in tbf> nrpmi'ae.«." — Ptart. p. 425. If the trustees have contracted for a school for more than five (5) (now Blx) months without special authority from the district, the legal voters a:t any special or general meeting may ratify such action, and levy a tax for the payment of teachers so employed. If they refuse to do this, the teacher would very likely be without remedy. Trustees oi school districts are public agents, and when they in good faith contract with parties having full knowledge of the extent of their authority, or SCHOOL BOARDS AND OFFICERS. 31 who havft an equal means of knowledge with themselves, they do not become Individually liable unless the intent to incur a personal liability is clearly ex- pressed, although it should be found that through ignorance of the law they may nave exceeded their authority. Any knowledge of a defect in their authority, accessible to them but not to the teacher, would probably fix a liability on them. — Cole. p. 102. "Have school district trustees power to hire money to build "a school house? I think not. Corporations, and especially quasi corporations, have only those powers specifically granted to them by statute, and such others as are necessary for carrying into execution those specifically conferred. By sec. 52, school laws, the trustees are authorized "to build, hire or purchase a school house, out of funds provided for that purpose." The law requires school to be taught in the district at least six months, and the trustees cannot safely ignore that provision, notwithstanding the action of the district. The district having neglected to vote the requisite tax, it is the imperative duty of the trustees to levy the same. — Clapp, Sept. 24, 1888. Trustees may employ more than one teacher if district has funds, notwith- standing an adverse resolution voted by the district. — Wilson, p. 354. It is the special business of the trustees to employ teachers. The voters of the district may, in their individual or collective capacity, advise the trustees as to their wishes, but cannot control tlieir action. — Wilson, p. 354. "Is the employment of a teacher by the treasurer and clerk of a school dis- trict, without any notice to the director, and without any meeting being held, legal?" I answer that it is not. — Hahn, p. 536. A contract made with a teacher who does not hold a certificate which is valid in the district where he is to be employed, is void, and a certificate cannot be dated back to cover services rendered before it was granted. — Jennss vs. School District 31, Washington County, 12 Minn. 448. When a teacher is employed to teach for a specified time and the school is in- terrupted necessarily, but by no fault of the teacher, who is always ready to fulfill the contract, the teacher, after the expiration of the time, may maintain an action against the district for the entire amount of wages. If, however, the dis- trict can show that during the whole or a portion of the time the teacher was engaged in similar employment, or was offered such employment and refused it, the damage may be reduced. — Cole, p. 87. If in the opinion of the trustees the services of more than one teacher are demanded by reason of the numbers in attendance at a district school, an addi- tional teacher may be employed, the board keeping within the means provided by the district. — Wilson, p. 354. A contract made with a teacher before he has secured a certificate is void, and a subsequent issuance of a certificate will not make the same valid. This ap- plies alike in common, independent and special districts. "Have school boards authority to engage teachers for the following year before the annual meeting?" It matters not whether it is before the annual meeting and the election of the new member or not. The trustees may, either before or after the annual meeting and without express authority from the dis- trict, contract for the term required by law, and no more.— Hahn, p. 538; Start, p. 436; Cornell, p. 159. If a teacher holds a valid certificate at the time of making a contract which extends beyond the life of the certificate, such contract is good, and will remain so as long as the teacher is in possession of a valid certificate and until the con- tract expires by its own terms. — Clapp, Oct. 12, 1891. Teachers cannot enforce verbal contracts which the law requires to be in writing. — Douglas, Jan. 4, 1901. The law establishes the school age between five and twenty-one years, sub- ject to the authority granted the board of trustees to fix the minimum age at six years. — Douglas, Aug. 17, 1900. A school board has power to rent rooms for a school if the school building is inadequate; it also has power to repair the school house, but has no right to so enlarge and repair it as to constitute a rebuilding or to make a new and larger one out of it. The building of a new school house must be voted on at a school meeting. — Donahower, p. 129. The general control of schools is in the board; and if the superintendent and teachers establish rules of discipline and school work to the disadvantage of the welfare of the school, the board has power to change them. — Douglas, p. 129. Members of the board and teachers cannot, directly or indirectly, be financial- ly interested in sales, leases or contracts relating to district property; and if they do become so interested, they are guilty of misdmeanor and may be prosecuted or restrained. — Donahower, p. 133. Members of a school board cannot legally do work of repairs on a school house and draw pay therefor. — Young, June, 1907. A school board has no authority to sell a school building unless authorized by the voters at a regular or special meeting called for the purpose; construing section 1320, R. L.— Young, December, 1906. School boards are not corporate bodies, but rather resemble directors of a corporation. The school district is the corporation. Contracts of insurance of school property should run to the district. A member of the board cannot be interested Individually, as agent or otherwise, in a contract of insurance on school property. — Young, p. 182. School boards have no authority to employ teachers who do not hold certifi- cates, and the district continue to draw state apportionment money.— Young, June, 1907. ^2 SCHOOL BOAKUS AND OFFICERS A member of a school U);ucl who renders services and expends his own money in good faith In looklnp after the Vjuildinp of a school house, has a valid claim for such services and advancement, provided the voters at the annual meeting voted to pay him; but probably he is not entitled to 2 per cent of the cost of the building.— Young, October, lOOG. , . ^ Under sec. 1320, subd. 11, R. L., the board may prosecute an action against the treasurer when he refuses or fails to turn over to his successor in office any portion of the district funds in his hands.— Young, p. 385. School boards are neither authorized nor justified in expending money for the services of an expert accountant to examine the books of the district. — Young, May, 1906. , . , ^ .^ , v. , The school board, after the district has voted an eight months school, may contract with a teacher for eight months at any time prior to a change in tl\e length of the term bv a vo'e of the district.— Young, p. 193. There is no provision of law relating to roads to school sites or buildings. Such roads must be laid out as other roads under sees. 1171 and 1181, R. L — Young, Julv, 1906. Though on account of the low assessed valuation of the property in the town- ship, there is not sufficient money to keep the schools in session for the length of time voted at the annual meeting, and though one school is greatly over- crowded, the school board cannot rent another room and hire another teacher, incur the necessary expenses, and issue orders In payment of same, when such orders cannot be paid during the current school year, without a vote of the people.— Young, Oct. 27, 1908. A school board has power to adopt such reasonable rules and regulations as contribute to the moral, physical and intellectual welfare of the pupils attend- ing school, and a rule to the effect that a pupil convicted of smoking on the streets or in public places might be expelled, by the board, from school, would be a rea- sonable rule and one which could be enforced by the board. — Simpson, Dec. 8, 1909. Rules and regulations, whether made by the board, or made by the teacher and afterward ratified by the board, must be reasonable, and the courts have held that a rule is reasonable under which a pupil may be suspended or expelled if he wilfuUv injures or destroys school property, for this would be a punishment for breach of discipline. But it is also held that a rule which causes a pupil to stand suspended or expelled until he pays for the Injury caused by him to school property, or until he pays a fine which may be assessed against him for such In- jur>'. Is unreasonable and void, because in such a case he would be suspended or expelled, not because of the injury caused by him, but because he did not pay the damages or the fine. — Young, May 27, 1908. If, in the opinion, and according to the best judgment of the board, especially when such opinion and judgment are based upon experience and actual results, the board determines that the attendance by the pupils of the school at public dances interferes with the regular school work of those participating in the same, and is injurious to the best interests of the school in general, the board can. by adopting a rule, prohibit such attendance. But the rule adoi'^ted must be a rea- sonable one under all the circumstances, and if suspended for violating such a rule, a pupil can have the court determine whether the rule Is a reasona):)le one and such as can be enforced, or is arbitrary, and therefore null and void. — Simp- son, April 21, 1909. School boards cannot employ and pay an architect for work done before a school district has voted to erect a school house, plans for which such architect may have made the architect's plans being considered a part of the work of build- ing the school house. — Simpson. .Tune 2.5. 1909. The officers of school district, clerk and treasurer may be held by husband and wife, they being otherwise qualified. — Simpson, July 13, 1909. It is not competent for a school board to disregard the action of the annual school meeting, in determining the times when schools shall be held within the district. — Simpson, March 19, 1909. The clerk of the school district cannot also be a teacher In the same district. — Simpson, July 21, 1909. Although a school board is empowered to provide for the free transportation to and from school at the expense of the district of all pupils residing more than one-half mile from the school house, for the whole or such part of the school vear as thev may deem expedient, such board is not compelled to do so. — Simpson, Sept. 21, 1910. An attorney may be hired by a school board for the performance of any par- ticular service "which is necessary, by the adoption of a resolution to that effect, but It is not competent for the board to hire an attorney by the year. — Simpson, Feb. 16, 1910. Permission given to school boards to provide free transportation for children has onlv to do with transportation to the public schools, and such boards cannot furnish" transportation to pupils attending parochial schools. — Simpson, Nov. 16, 1910. Where the electors of a school district borrow money from the state, to be used for building a school house, the school board has no authority to return the monev to the state and have the bond of the district issued to the state, can- celled. This could only be done by the school district, at a properly called special meeting, for that purpose. — Simpson, March 2, 1909. ?chool boards have no right to make good a discount wliich holders of dis- trict orders may be forced to allow to get them cashed. Orders should be issued SCHOOL BOARDS AND OFFICERS. 38 (O persons entitled therete for the exact amount of their just claims against the district. Such loss as the payees may suffer in cashing such orders must be bourne by them; and it cannot be made good by the district. (1913.') Discretionary powers must exist in a board of pul)lic officers to determinp when and to what extent persons in their employment should be excused by reason of sickness or temporary disability; and unless it is clear such power has been abuseu. it should be overruled or discredited. (O'Leary vs. Board of Educatioi\ 93 N. Y. 1. 45 Am. Reports 156.) The board of a common district has power to exclude a child from school if such child is of such mental disposition as tends materially to be detrimental to the proper conduct of the school and to work an injury by detracting to an appreciable extent from the efficient instruction therein. The question is largely one of fact to be determined in eacli particular case. (Smith, August 3, 1914. j 66. Additional powers of board — The school board may also: (1) Provide for the admission to the school of the district of non- resident pupils, and those above school age, and fix the rates of tuition for such pupils. Provided, in case a person has real property in, and pays taxes there- on, in a common or an independent school district other than the one in which he resides, then such person shall be a.dmitted to all the benefits of such other school, the same as the residents therein, and if the owner of less than 80 acres therein, he shall be admitted to all the benefits of said school the same as residents therein, upon conforming to such reason- able terms for tuition as the board of education of such school district may have established for non-residents, except that he shall be entitled to have the amount of school taxes which he pays to the support of said district applied in payment of said tuition fees. Provided, further, that nothing in this act shall be so construed as to authorize any person who may receive any of the benefits or privileges of this act to vote at any school district meeting of the school district within which he may receive such benefits or privileges, but of which he is not a member. (2) Establish and organize, alter and discontinue, such grades of schools as they may deem expedient. (3) Upon a petition of a majority of legal voters authorize the use of any school house in the district for divine worship, Sunday schools, public meetings, elections and such other similar purposes as, in their judgment, will not interfere with its use for school purposes; but before premitting such use, the board may require the bond of some responsible party, in the penal sum of one hundred dollars, conditioned for the proper use of such school house, the payment of all rent, and the repair of all damage occasioned by such use, and they shall charge and collect for the use of the district from the persons using such school house such reason- able compensation as they may fix. (lo21, as amended by chapter 44-5, section 1, 1907). Divine W'orsliip, Etc. — This statute was evidently intended to cover cases where the school house was actually rented to some person or society which had no connection with tlie school or its management. It was never intended to be used as a cloak or subterfuge to enable the school trustees to use tht^ school house and the teacher employed therein with public school moneys to conduct religious worship in connection with such school. (4) Subject to such rules and regulations as they shall adopt ; provid'- for the free transportation to and from school, at the expense of tlie dis- tricts, of all pupils residing more than one-half mile from the school house, for the whole or such part of the school year as they may deem expedient ; M SCHOOL BOARDS AND OFFICERS. and in «cliool districts situated in more than one countj' shall provluc such transportation during the months of October, November, December, January, February, March and April for all pupils residing two miles or more from the school house, and who are not less than six years of age nor more than sixteen years of age; and shall require from every person employed for that purpose a reasonable bond for the faithful discharge of his duties, as prescribed by the board." (Section 4, chapter 445, 1907, as amended by chapter 472, 1909). (5) Make rules anu regulations respecting the protection of the property of the district, and prescribe penalties for a breach thereof, to be recovered for the use of the district as penalties in other cases, before a justice of the peace, and change or appeal such rules. (2747) The question of whether a person is an actual resident of a school district is one which depends upon the facts in the case. — 91 M. 268. The board has sole power to admit non-resident pupils to the school. Non- residents cannot attend without its permission, and it may withdraw such per- mission at any time. — Young:, p. 196. Under sec. 1321. R. L., the board has the sole power to fix the rate of tuition for non-resident pupils. It may take into consideration the relations of such non- residents to the district; and if such non-residents pay taxes in the district, it may fix a lower or nominal rate of tuition in their cases. — Young, p. 200. The riRht of a child to free tuition depends upon the residence of such child without regard to the residence of its parents. If such child comes into the dis- trict for the mere purpose of attending school, the board may, in its discretion, charge tuition, or exclude him altogether. On the other hand, a child who ac- tually resides in the district is entitled to school privileges without charge. The question of actual residence is one to be determined from all the facts in each case. — Young, p. 177. Under sec. 1321, R. L., a parent or guardian may send his children to any school he pleases, either in the district of his residence, or in another, by com- plying with the regulations of the board of suoh other districts as to tuition, etc. —Young, p. 201. The school board may charge non-resident pupils the cost price of books and supplies used by them. — Young, p. 196. The privilege, extended to the owner of land in a school district in which he does not reside, of having the amount of tax paid by him on his land applied on the tuition of his children in case he wishes to send them to the school of such district, does not extend to the tenant or renter on such land. — Young, p. 207. Pupils attending school in a district of which they are not residents, registered as paving book-rent, shall not be counted for drawing apportionment, under sec. 1321 and 1346, R. L.— Young, p. 185. One owning more than eighty acres of land in a district of which he is not a resident, is entitled to send his children to school in such district without paying tuition; but if he owns less than eighty acres, he should be admitted to all bene- fits of such district upon conforming to such reasonable tuition charges as the board has established for non-residents, and is entitled to have the school taxes he pays to support such district applied upon tuition. In either case he is not entitled to vote at the meetings of the district; construting chapter 445, Laws 1907.— Young, May, 1907. 67. Same; to acquire sites for agricultural schools — That the board of education or other governing body of any school district in the state of Minnesota, in which instruction in agriculture is afforded, be and here- by is authorized and empowered to purchase or otherwise asquire by con- demnation proceedings as provided for acquiring school house sites in the name and in behalf of such school district, a suitable tract of land either within or without the limits of such school district, to be used for the purpose of instruction, experimentation and demonstration in agriculture. The provisions of this act shall apply as well to districts organized under special acts as under the general laws, notwithstanding any provisions or restrictions In the laws under which the same are organized. (2745) A school district may acquire land by condemnation proceedings under the exercise of the right of eminent domain for school purposes. — '124 M. 272. SCHOOL. BOARDS AND OFFICERS. 85 The board ui education of an independent district has power to purcliase land at fair prices for the purposes of agricultural instruction, without the vote or sanction of the electors. — Smith, June 12, 1913. 68. Power of consolidated districts to acquire sites — The school board of any consolidated school district which does not contain within its limit.'^ an incorporated city or village may purchase or acquire by condemnation proceedings, as provided by law for acquiring school house sites, in the name and on behalf of such school district, a suitable tract of land within the limits of said district to be used for the purpose of erecting buildings thereon for use for dwelling purposes by teachers or other employees of said district, and may erect such buildings on said tract or on any other real estate owned by such district. The school board of any such district may also sell, lease or other- wise dispose of such property so built or acquired when deemed advisable and for the best interests of the districts. (Chapter 358, Laws 1915). 69. Same; school board members made peace officers — Members of school boards in common or consolidated school districts shall be peace officers, and may suppress disorder and make arrests for any disorderly conduct, or breach of peace, in any school house or on any school grounds, in their respective districts, and may command the assistance of all persons. (2758) 70. Same; to advertise for bids — No contract for work or labor, or for the purchase of furniture, fixtures, or other property, or for the construc- tion or repair of school houses, the estimated cost or value of which shall exceed five hundred dollars ($500.00), shall be made by the school board of any common or independent school district without first advertising for bids or proposals in some newspaper of the county by two (2) weeks' published notice in the city or village located nearest to the school district in which such contracts are proposed to be let, or some newspaper pub- lished in the county seat in such county. Such notice shall state the time and place of awarding the contract, and contain a brief description of the work to be performed, materials to be furnished or building to be con- structed or repaired. (2773) 71. Same; in letting contracts — Every such contract shall be awarded to the lowest responsible bidder, shall be duly executed in writing, and the person to whom the same is awarded shall give a sufficient bond to the board for its faithful performance, and otherwise conditioned as required by sections 4535, 4536, 4537 and 4538, Revised Laws, 1905 as amended. If no satisfactory bid is received, the board may re-advertise. Every contract made without compliance with the provisions of this act shall be void; provided, that in case of the destruction of building or injury thereto, where the public interests would suffer by delay, contracts for repairs may be made without advertising for bids. (2774) 72. Same; to provide for pupils in adjoining district — The school board of any district, when it deems it advisable, may provide for the .{f, SCHOOI^ BOARDS AND OFFICERS. iiistruclion of its puitils in an adjoining district, and in such case- may discontinue the schools of its own district, or of any grades or depari- ments in said schools, and provide for the free transportation of the pupils of its own district to the school in an adjoining or nearby district. The teachers shall keep the registers separately for the pupils from such district discontinuing its schools, and shall return the registers and make separate records lo the clerk of such district and to the county superintendent, of the number and names of pupils, with their attendance, and such district shall retain its organization and shall be entitled to public money, including the special state aid granted to common schools of Class A, under such rules as may be fixed by the superintendent of public instruction, except that jiublic money for non-resident pupils enrolled in the high school department shall go to the district in which the high school is located. Such aid shall be paid from the appropriation made for common schools. (2750) 73. Same; power to admit pupils from other district — The child or children of any person in this state not resident within the limits of any incorporated city or village of this state, and residing more than two miles by the nearest traveled road from the schoolhouse in the district where such child or children reside, are here"by authorized to attend school at a school of schoolhouse in an adjoining district nearer to such residence than the said schoolhouse in the said district where such child or children re- side, upon such reasonable terms as shall be fixed by the school board of such adjoining district, upon application of the parents or guardian of such child or children. In case such parent or guai-dian is not satisfied or can- not comply with the terms and conditions fixed and determined by the school board of such adjoining district, and shall apply to the State Superintendent of Public Instruction for that purpose, the State Superintendent of Public Instruction shall give such notice of such application to the clerk of the school board of such adjoining district as shall be determined by such Superintendent of Public Instruction, and shall after such notice, decide such application and fix such terms and condition for the attendance of such child or children in such adjoining district as shall be just and reason- able, and thereupon such child or children may attend such school in such adjoining district upon compliance with the terms fixed by such superin- tendent of public instruction, the same in other respects as if resident in the district where such schoolhouse is situated. Provided that nothing herein contained shall be construed as repealing, amending or modifying the provisions of section 1321, Revised Laws of 1905, as amended by chapter 445, of the General Laws of Minnesota, 1907. (2751) 74. Special duties of boards in common school districts — The school board of every common school district shall submit to the annual school meeting an estimate of the expenses of the district for the coming year for six-months school, and for such further time as it may be decided by the meeting to hold school, and for such other specified purposes as the board may deem proper, and, if such meeting shall fail to vote a sufficient lax to maintain a school for such time, the board shall levy such tax; but no such school board shall expend any money or incur any liablility for any purpose beyond the sum appropriated by vote of the district for such pu.'- SCHOOL BOARDS AND OFFICERS. 37 pose, or levied by the board pursuant to this section, or ou hand and applic- able thereto. When the district has decided by vote at any legal meeting to open more than one school, the board shall provide for opening such school or schools, and assign to each a proper number of pupils. (275^) 75. Special duties of board in independent districts — In addition to the duties hereinbefore imposed, the school board of each independent school district shall: 1. Make, and, when deemed advisable, change or repeal, rules relating to the organization and management of such board and the duties of its oflBcers. 2. Provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the district. (2757) In an independent district, the board, and not the electors, should determine the length of school to be held; under sec. 1325. — Young, p. 181. 76. Additional powers of boards in independent districts — The school board of any independent district may also: 1. Establish and maintain public evening schools as a branch of the public schools, and such evening schools, when so maintained, shall afford a continuous session of not less than two hours on each school day, shall be available to all persons over ten years of age who from any cause are unable to attend the public day schools, and atendance at such evening schools shall entitle such district maintaining the same to its pro rata apportionment of state school funds for all pupils not over twenty-one years of age, the same as if such pupils attended the day schools of such district. Except as herein provided, such evening schools shall be under the sarfle regulations as day schools of like grade. 2. Establish and maintain one or more kindergartens for the instruc- tion of children above four and under six years of age. 3. Receive, for the benefit of the district, bequests, donations, or gifts or any proper purpose, and apply the same to the purpose designated. 4. Remove for proper cause any member or officer of the board, and till the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object he has been duly notified, with the reasons of such proposed removal, and after an opportunity to be heard in his own defence. (2752) It is within the power of the board of education of an independent di.stricl to employ a visiting nurse to assist and inspect the children as to health and to visit the absent in their homes and give treatment and directions as shall be found necessary, provided such action reasonably promotes the educational advancement of the pupils in the district; and her compensation rests in the discretion of the board. — Smith, January, 1913. The functions of such visiting nurse, the work she is to perform, and her com- pensation, rests largely in the discretion of the board; and such discretion rests on the promotion of the educational advancement of the pupils of the district. Such nurse should confine her activities to the examination of school children as to health condition and to the making of reports thereon in such way as to best bring about a change of unhealthful conditions and by way of suggestions as to remedies for situations found. It is hardly within her province to give treat- ment. The performance of her duties should be confined to matters that have to do with the health of the children from the standpoint of the public welfare, and should not include anything that more than incidentally affects the welfare of private individuals. (Smith, .Tanuary 13, in3.) 9802.1 38 SCHOOL BOARDS AND OFFICERS 77. Duties of superintendent in independent districts — The superin- tendent in independent or special districts shall visit the schools of the district, and exercise a general supervision over them, and report their condition to the board, with proper recommendations, when he deems it advisable, or when requested by the board. He shall superintend the grad- ing of the' schools and examinations for promotion, and shall perform such other duties as the board shall prescribe. He shall make, either directly to the stale superintendent, or through county superintendent, such reports as shall be required. (2768) 78. Compensation of officers in independent districts — The clerk, treasurer, and superintendent of independent districts sliall receive such compensation as may be fixed by the board. No officer or member of any school board shall receive pay as such, except as provided in this chapter. (2771) 79. Powers, duties and compensation of chairman in common districts — The chairman, when present, shall presi'le at all meetings of the board and of tlie district, except when a moderator has been chosen; shall counter- sign all orders upon the treasurer for claims allowed by the board; shall represent the district in all actions; and shall perform all the duties usually incumbent on such officer. In case of absence, inability or refusal of the clerk to draw orders for the payment of money authorized by a vote of the majority of the board to be paid, the orders may be drawn by the chairman, and paid by the treasurer, a statement thereof, with a copy of such orders, being deliv- ered to the clerk by the treasurer, or the office of the clerk may be declared vacant by the chairman and treasurer, and filled by appointment. The chairman may receive as compensation such an amount as may be determined at the regular school meeting of the district, but such com- pensation shall not exceed six dollars in any one year. (2767) 80. Duties of clerk in common districts — The clerk shall keep in books provided for that purpose a record of all meetings of the district and the board. He shall, within three days after the meeting, notify all persons elected upon any school board or as officers of any district of their election, and, on or before August 10 in each year, make and transmit to the county superintendent a certified report, showing: 1. The condition and value of school property. 2. The receipts and disbursements in detail, and such other financial matters as may be called for by the state superintendent. 3. The annual arrangement of terms of school, and the grading, if any thereof. 4. The names and postoffice addresses of all trustees and other oflicers. 5. Such other items of information as may be called for by the state superintendent. He shall enter in his record book copies of all his reports and of the teachers' term reports, as they appear in the registers, and of the pro- ceedings of any meeting as furnished him by the clerk pro tem., and shall keep an itemized account of all the expenses of the district; and in common districts he shall report to the county superintendent the time of commence- ment of each term at least two weeks in advance. He shall furnish to the county auditor or auditors of the proper county or counties, on or before October 10 of each year, an attested copy of his record, showing the amount of money voted by the district or the board for school purposes; shall draw and sign all orders upon the treasurer for the payment of money for bills allowed by the board for salaries of officers or for teachers' wages, to be countersigned by the chairman. Such orders shall state the consideration, payee, and fund, and the clerk shall take a receipt therefor. Teachers' wages shall have preference in the order in which they become due, and no money applicable for teachers' wages from the current fund shall be used SCHOOL BOARDS AND OFFICERS 39 for any other purpose, nor shall teachers' wages be paid irom any fund except that raised or apportioned for that purpose. (2759) The issuance of an order by the clerk of a district to pay the wages of a teacher Itnown by him not to have been licensed to teach, is an unlawful diversion of the funds of the district, and subjects him to the penaltv provided by law. — 31 M. 333. f . i- The clerk should draw orders for payment of teachers' wages as due, without requiring a bill therefor to be first allowed by the board. — 126 M. 367. 81. Compensation of clerk in common districts — The clerk of each common district shall be paid at the rate of two per cent of the cash disbursements for the year, upon making his annual report to the super- intendent as required by law accurately and in proper time; such compen- sation shall not exceed six dollars in any one year, unless a greater com- pensation has been voted at a meeting of the district upon a notice stating that action would be had at such meeting respecting such increase of compensation; provided that in no case shall the compensation of the clerk as herein provided exceed fifty dollars ($50.00) for any one year. Such payment shall be made by the treasurer upon a certificate of the superin- tendent that such clerk is entitled thereto. (2769) The fixing the compensation of treasurer at one annual meeting has no effect upon his salary for a subsequent year. The treasurer is not entitled as a matter of right to 2 per cent of moneys handled bf him during any year. 82. Duties of treasurer in common districts — The treasurer shall receive and be responsible for all moneys of the district, and shall disburse the same on orders signed by the clerk and countersigned by the chairman, or other vouchers authorized by law. Each order shall state the fund on which it is draAvn, the name of the payee, and the nature of the claim for which such order is issued. He shall keep an account of each fund, and of all receipts and disbursements, showing the source of such receipts and nature and purpose of such disbursements, and within three days preceding the annual meeting shall file with the clerk a detailed financial statement of the district, showing all receipts and disbursements, and the nature of the same, the moneys on hand and the purpose to which the same are applicable, the credits of the district, and its outstanding liabilities, and the nature thereof. Such report, together with his vouchers, shall be examined by the board, and, if found correct, approved by resolution, entered in the records. If incomplete or inaccurate, a further or amended report may be required by the board. Such report, when complete, shall be laid before the annual meeting, to be in like manner approved. He shall make such further reports as may from time to time be called for by the board, and shall perform all duties usually incumbent on such oflicer. Every order drawn for the payment of teachers' wages, and for any other lawful purpose, after having been presented to the treasurer for payment, and not paid for want of funds, shall be endorsed by the treasurer by putting on the back thereof the words, "Not paid for want of funds," giving the date of indorsement and signed by the treasurer. A record of such presentment, non-payment and indorsement, shall be made by the treasurer. Every such order shall bear interest, at the rate of 6 per cent per annum from the date of presentment, until the treasurer serves a written notice upon the payee or his assignee, personally, or by mail, that he is prepared to pay such order, such notice may be directed to the payee or his assignee at the address given in writing by such payee or assignee to such treasurer, at any time prior to the service of such notice; no order shall draw any interest if such address is not given when the same is unknown to the treasurer. (2760) When the treasurer has lost district funds by burglary, without his own fault, he and his bondsmen are liable for the loss; and a vote of the district to discharge him from the obligation is of no effect. — 44 M. 427. 40 SCHOOL BOARDS AND OFFICERS. The treasurer of a district is not required to allow certificates of deposits to reniain on deposit In the bank which issued them; but he may convert them Into moiioy if he desires. — riS M. ftS'i. The treasurer who mingles school funds with his own, but who Is able and willing at all times to pay all legal orders of the di.sirict, and accounts for all money received during his term at the end of his term, is not liable after such accounting and after the end of his term. — 98 M. 535. "Has the treasurer authority to recognize by payment an order signed by the clerk only?" It will be observed that it Is only when attested by the director that the treasurer Is authorized to pay. Paragraph 93 (section 71) provides for the payment of orders signed by the director alone in case of the absence, In- abilitv or refusal of the clerk to draw orders. — Hahn, p:ige 509. The law implies that the books and moneys shall be turned over to the ncwlv elected treasurer at once, when he shall have qualilied, and refusal on the part "of the old incumbent to thus comply with the law would subject him to prosecution. It is embezzlement for a school district treasurer to refuse to ac- count to his successor in office and withhold from him the moneys of the dis- trict.— Chihls, June 7. 1S93. A person who executes any of the functions of a public office without hav- ing executed and duly filed the required security is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, he forfeits his right to the of- fice. — Penal Code. A failure on the part of a treasurer-elect to execute a bond within the re- quired time makes It the duty of the director and clerk to appoint another treas- urer.— Childs, July 8. 1892. There is no provision of law for a deputy district treasurer. Removal of the treasurer from the district creates a vacancy in the office which should be filled by appointment. — Donahower, page 137. Under section 1327, R. L,., the treasurer of a district is authorized to pay out monev onlv upon orders signed by the clerk and countersigned by the chairman; and if he wilfully violates this provision, he may be punished under section 4796. R. L., or called "to an accounting in a civil action. — Young, page 203. Under section 1327, R. L,., the treasurer must submit a detailed statement of the finances of the district to the board three days before the annual meeting; and such statement should be examined by the board and, when complete, should be laid before the annual meeting for approval. If the board is not satisfied with such statement, or has reason to believe it is not correct, it may bring suit upon the bond of the treasurer and try the whole matter in court. — Young, page 3S7. The law does not provide that school orders presented to the district treas- urer, and indorsed "Xot paid for want of funds," shall be paid by the treasurer in the order in which they have been refused, when there are available funds in the treasury for the payment of such orders, but it is suggested that that course of procedure should be followed, and the orders redeemed in the order in which they have been presented and refused, unless there is some good reason for contrarv action. — Simpson, May 19, 1909. A school district treasurer cannot enter into a contract with the district for the transportation of children to and from school, and if he does so he becomes liable for committing a gross misdemeanor, under section 5032, R. L., 1905. — Simp- son, September 15, 1909. 83. Bond of treasurer — Every school district treasurer shall give bond to the state in a sum equal to twice the amount of money that will probably come into his hands during any one year of his term, to be approved by the board and filed with the clerk, conditioned for the faithful discharge of his official duties. The chairman and clerk may at any time require such treasurer to give a new bond, and, upon his failure to give bond as required by this section, they may declare the office vacant, and appoint a successor; provided, however, that if the said bond so furnished by the treasurer be that of a surety company, authorized to do business in the State of Minnesota, then the amount of such bond shall be equal to the amount of money that will probably come iiilo liis hands during any one year of his term. (2761) The act of the director and clerk of a district in approving the treasurer'.s bond is one requiring the exercise of judgment and discretion, and is therefore a judicial act.— 72 M. 37. The statute requiring the treasurer's bond to be in double the amount of monev that shall come into his hands, means the aggregate amount that will comeinto his hands, and not the probable amount that will be in his hands at any one time.— 72 M. 37. The bond of treasurer .should be in a sum equal to twice the amount of money that will probably come into his hands during any one year of his term; and must be approved by the board and filed with the clerk. If -such bond be one furnished by a surety company authoiized to do business in the state, its amount shall be equal to the amount of money which will probably come into his hands during any one year of his term. — Smith, July 30, 1914. SCHOOL BOARDS AND OFFICERS. 41 84. Compensation of treasurer in common district — 'Die treasurer of such district may receive as compensation sucli an amount as shall be determined at the regular school meeting of the district, not exceeding, however, twenty-five dollars per annum, which shall be allowed only after his annual report shall have been approved by the board. (2770) The treasurer of a school district cannot receive money for his services unless the same be voted to him at the annual meeting after his report has been audited and approved by tlie board; and then it cannot exceed $25.00 per \ear. — Smith, July 30, 1914. Action at annual meeting- fixing compensation of treasurer for the preceding year has no effect upon his compensation for any subsequent vear. — Smith, July 30, 1914. The treasurer is not entitled, as a matter of right, to 2" per cent of all moneys handled by him during the year. — Smith, July 30, 1914. Two things must concur in order that a treasurer may receive his compensa- tion, viz.: approval of his annual report; the vote of the annual school meeting fixing his compensation. (Simpson, July 20, 1910.) 85. Appointment of clerk in special districts — The board of education in any special school district at its annual meeting for organization, may, at its option, appoint as its clerk or secretary a person not a member of such board, and may make provision for his compensation in accordance with existing law. (2741) 86. Opinion of attorney general — If any difference of opinion arises between school officers, or any doubt as to the pi'oper construction of any part of this chapter, or as to their powers or duties, the state superintendent, at the request of any such officer, shall submit such question to the attorney general, who shall give his written opinion thereon to such superintendent, and such opinion shall be binding until annulled or overruled by a court. (2775) 87. School officers may select depositors — The officers of the several common and independent school districts in this state may in their discre- tion, select and designate as a depository or depositories for school district moneys, any national or state bank, or banks, for a period not exceeding three years on the execution of such bank or banks of a sufficient bond to the school district in double the sum deposited, except in cases where the bond furnished is that of a surety company authorized to do business in the state of Minnesota, and in such cases the amount of bond shall be equal to the estimated sum to be deposited, to be approved by the board and filed in the office of the county auditor of the county where in said school district may be situated, and thereupon may require the treasurer to deposit all or any part of the school district's money in such bank or banks. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, be signed by the chairman and clerk or president and clerk, as the case may be, and filed with the clerk. That thereupon such bank or banks shall become a legal depository or depositories for school district moneys and thereafter the school district treasurer shall deposit such school district moneys therein as he shall be required from time to time to deposit bv such school district officers. (2763) 88. Treasurer to be exempt from liability — The school district treasurer and the sureties on his bond shall be exempt from liability to the school district by reason of the loss of _ any funds of such school district deposited in any such bank or banks from the failure, bankruptcy or other acts of such bank or banks to the extent and amount of such funds in such bank or banks at the time of such failure or bankruptcy. (2764) If a school board has properly designated a bank as a depository, a proper bond having been furnished and accepted, it becomes the duty of the treasurer to deposit the funds of the district in such bank, and, failing to do so, he is per- sonally responsible for such funds, and if Ihey are lost he and his bondsmen can be held therefor. Action in mandamus will lie to compel him to deposit the funds in the designated depository. — Simp.son, August 19, 1909. 42 SCHOOL BOARDS AND OFFICERS. 89. Interest computed monthly — All interest on moneys deposited, ag hereinbefore provided, siiall be computed on monhtly balances, and become the property of said school district. (2765) 90. Officers not allowed additional compensation — No additional com- pensation or foes sliull be paid any of tiie school district officers by reason of any of the provisions of this act. (2706) SCHOOL BOARDS IN UNORGANIZED TERRITORY, AND IN DISTRICTS OF TEN OR MORE TOWNSHIPS. 91. Provision for education in unorganized territory — The power of providing for the education of children of school age residing in any unorganized territory within the state of Minnesota shall be vested in the county board of education for unorganized territory of the county where such unorganized territory is situated. (2776) 92. Same; county board, how constituted — The chairman of the board of county commissioners, the county superintendent of schools, and the county treasurer shall, ex-officio compose the county board of education for unorganized territory in each county within the state. (2777) 93. Same; board may authorize clerk to county superintendent at $60 per month — ^The chairman of the county board of commissioners shall be the chairman of the county board of education; the county treasurer shall be the treasurer of said board; the county superintendent of schools shall be the clerk of said board of education. The county board of educa- tion may also employ a competent person to act as clerk of the county superintendent of schools, who shall perform such other services as the board may direct. Such person shall not enter upon his duties as such clerk until his appointment has been ratified by the county board, who shall fix his salary, which shall not exceed sixty dollars ($60) per month. (2778) 94. Same; salaries of members of county boards of education — For their services performed under the provisions of this act, the chairman of said board of education shall be paid three dollars ($3) per day for the time actually employed by him as such chairman and ten cents (10c) per mile for distance actually traveled by him in performance of his said duties not exceeding the total sum of four hundred dollars ($400) in any one year for such mileage and per diem; the treasurer of said board shall be paid one and one-half per cent (1%%), and the clerk one per cent (1%) of the cash disbursements for the year, but only after all reports required by law have been made in conformity thereto; provided, that this section shall not apply to counties having a population of more than 100,000. (2785) 95. Same; when to meet — The county board of education for un- organized territory shall meet on the first Monday of each month at the county seat for the purpose of transacting the business of said board, con- sider petitions, reports from teachers, audit and pay bills, etc. (2779) 96. Same; duty of clerk — It shall be the duty of the clerk of the county board of education to make to the state superintendent of schools reports similar to those made by the county superintendent in case of organized districts, and to the county auditors reports similar to those made by the clerk of organized districts. (2780) 97. Same; taxes levied for schools and furniture — The said board of education shall, annually, on the third Saturday of July, make a levy on all property situated in unorganized territory of the county for the purpose of providing schools, teachers, transportation of pupils, board of pupils, SCHOOL BOARDS AND OFFICERS. 43 textbooks, apparatus, school supplies, etc., for the education of children residing within such territory. This tax levy shall be known as the special unorganized school levy, and it shall be so spread on the tax lists by the county auditor. (2781) 98. Same; duty of board as to school houses, etc. — It shall be the duty of the said board to furnish school facilities to every child of school age residing in any part of said unorganized territory, either by building school houses, leasing school room, transporting said children to the nearest school, boarding said children within convenient distance from a school at the expense of said board, or otherwise, and to provide necessary sup- plies, text and library books. (2782) 99. Same; power of board — When not otherwise provided in this act, the powers and duties of said board of education of unorganized territory shall be the same as those of school boards and annual meetings of com- mon school districts. (2783) 100. Same; organization of school district — When, in the opinion of the said board, it shall appear that any territory enjoying the privileges of unorganized territory should be organized into a common school district, the said board shall notify the county board, which shall cause notice of hearing thereon to be given and otherwise proceed as provided by law for organization of common school districts. (2784) 101. Division of moneys of school districts between old and new counties — Whenever a new county or counties have been or may hereafter be created and organized out of territory embraced within the boundaries of one or more organized counties and in which there is unorganized school territory, acting under the provisions of chapter 76 of General Laws of Minnesota for 1907, and act amendatory thereof, and lying partly within the old and new counties, or wholly within the new county, the county boards of education of the old and new counties shall meet upon the writ- ten request of the county superintendent of either county at such time and place as shall be designated in said request, which said request shall be served upon each member of each county board of education of the coun- ties affected at least five days before the time of such meeting and make a division of all the moneys, funds and credits belonging to such unorgan- ized school territory as the same exists prior to the division of the county or counties, and in making such division, the said board shall take into consideration the indebtedness of said unorganized school territory and shall make such division as they deem just and equitable, and all such moneys, funds, credits, and property shall be divided and apportioned to the respective unorganized territory in the old and in the new county in proportion to assessed valuation of taxable property in such unorganized territory, respectively, in such old and new county, at the last assessment thereof. (2786) 102. Same: board of apportionment — In cases provided by section 1 and in case the county boards of education of the old and new counties shall fail to meet pursuant to the notice provided in section 1 of this act, the county superintendents of the old and new county or counties and the state superintendent of public instruction, or his deputy, shall constitute a board of aportionment, and upon the written application of the county board of education of either county affected shall make a division of all the moneys, funds, credits and property as provided in section 1 of this act, which ap- portionment shall be in writing and verified by the state superintendent of public instruction, or such deputy, and at least one of the county super- intendents of the counties affected, and filed in the office of the secretary of state, and shall be final and conclusive. Within five days after the filing of said apportionment the secretary of state if apportionment is made as provided in this section, or the superintendent of schools of each county if -14 SCHUOL BOAUDtJ AND OFFICERS. sucli apporiioimient is made as provided by section 1 of this act, shall transmit to the treasurers of the counties affected by said apportionment a certified copy of such apportionment and application, if any. (2787) 103. Duties of county boards and officials — The county boards of edu- cation and the county officials of the old and new counties shall forthwitli after such division and apportionment proceed to fulfill and carry out the terms thereof, determined or herein provided. (2788) 104. Districts of ten or more townships — Trustees — How elected — in all common school districts in Minnesota embracing or containing ten or more townships, the trustees and members of the school board shall be elected as follows: In all such districts existing at the date of the passage of this act, the trustees and members of the school board shall continue to iiold their respective offices, as follows: The chairman until August 1 following the next biennial general state election; the treasurer until one year from such date, and the clerk until two years from such date. If said terms of office or either of them so existing at the date of the passage of this act shall expire prior to said dates, that is, shall expire prior to August 1 following the next biennial general f;tate election, and one year from said date, and two years from said date, as above stated, then and in that event the expiration of such tei*m shall constitute a vacancy, and such vacancy shall bo filled as provided by sections 1316 and 1317 of said Revised Laws of 190.5, as amended hereby. At the first meeting of each newly created or organized district hereafter created or organized, con- taining ten or more townships the chairman shall be elected to hold office until August 1 following the next biennial general state election, the treas- urer until one year from said date, and the clerk imtil two years from said date. At the first biennial general state election held after the passage of this act in common school districts embracing or containing ten or more townships, and at the first biennial general state election held after the or- ganization of each new district embracing or containing ten or more town- ships, and in each biennial general state election thereafter, there shall be elected two members of said board, such members being elected to fill the offices expiring respectively August 1 after such election and one year from August 1 after such election, the term of office of one to commence August 1 in the year following his election, and that of the other August 1 iri the second year following his election. The office to which each is so elected and the time of the commencement of the term of each, with the length of term, shall be stated on the ballot. For the purpose of carrying into effect this act. and so as to enable the electors in each of such dis- tricts embracing or confining ten or more townships to elect officers .it such bienniiU general state election, the general election laws of this state, including the primary election law, shall, so far as possible, be applicabl*^ hereto, and the cindidate.'' for said offices shall file for nomination and be chosen and nominated and their names placed upon the ballot, under and pursuant to the provisions of said general election law and the primary election law in this state, and such general election law and primary elec- tion law shall be made applicable hereto and carried out by the officers and per.oons having the performance and enforcement thereof, except that a separate ballot box shall be used and voters need not register. The votes shall be returned and canvassed and the persons elected notified in the same manner as in the election of county officers. (2718) 105. Same: powers and duties as independent districts — The school board in a common district containing ten, or more, townships shall have and exercise all powers, and be subject to the same laws and regulatlonf? as school boards in independent districts. (2785) 106. Same: publication of proceedings — In all school districts embracing or containing ten or more townships, the school board shall publish in a legal newspaper in the district, or if there be no such newspaper published DISTRICT BONDS AND INDEBTEDNESS. 45 in the school district, in a legal newspaper published in the county, to bo designated by said board annually, the proceedings of such board within thirty days after such proceedings are had. (2722) 107. Same: meaning of "proceedings" — The term "proceedings" as used in this act shall include a statement of all propositions submitted by motion or resolution, or otherwise, to such board, including Ihe number of votes for and against all reports made to such board, and its action thereon, and an abstract of all claims allowed, giving name of claimant and amount and general purpose of the claim. (272o) 108. Same: public examiner to make annual inspection — The state public examiner shall, at least once in each year, make examination of the books and records of all districts affected by this act, and the school district shall pay the costs and expenses of making such examinations (2724) 109. Same: compensation of officers — In all common school districts composed of ten or more townships each member of the school board in such districts shall receive as annual compensation for his services as a member of such board the amounts herein stated, to-wit: Two hundred dollars ($200) a year where such district contains thirty public schools; four hundred dollars ($400) a year where such district contains thirty-one public schools but less than sixty-one; six hundred dollars ($600) a year where such district contains sixty-one public schools but less than ninety-one; eight hundred dollars (?800) a year where such district contains ninety-one public schools or more; provided, that in such common districts containing less than thirty public schools and in which is maintained a high school, the annual compensation of the members of the school board shall be fixed at the annual school meeting. (2719) 110. Same; compensation for expenses — In addition to their salarie.^, the members of the school board in such school districts shall be paid their actual and necessary traveling expenses incurred and paid by each of them in the conduct of his official duties, including the visitation oi" schools. Such expenses shall be paid upon duly itemized and verified vouchers approved by the board and filed with the clerk and made a pari of the official records of the school board; provided, that the traveling ex- penses incurred by the members of the school board in any such district in any year shall be limited to the following amounts, as hereinafter pro- vided: One hundred and fifty dollars ($150) where the numbers of schools in such district does not exceed thirty; three hundred dollars ($300) whe'-e the number of schools does not exceed sixty; four hundred and fifty dol- lars ($450) where the number of schools does not exceed ninety; and five hundred dollars ($500) where the number of schools is in excess of ninety. Such salaries and expenses shall be paid monthly by the treasurer of such school district on the order of the clerk, countersigned by the chairmaji. (2720) 111. Same; tax levy to be made — A levy shall be made in such com- mon school districts to pay the salaries and expenses of the members of the school board in the same manner as is now provided by law for mak- ing levy for the support of public schools in common school districts com- posed of ten or more townships. (2721) CHAPTER IV. DISTRICT BONDS AND INDEBTEDNESS. 112. Bonds, how issued— The trustees or board of education of any school district in this state, whether such district be organized by or under any special law of this state, or otherwise, are hereby authorized and fully empowered to issue the orders or bonds of their respective districts, with coupons, in such amounts and at such periods as they may be directefend the same upon being indemnified against the costs and expenses of .such defense. (3000) JUDGMENTS. 122. How paid by treasurer — Except as hereinafter provided, no ex- ecution shall issue upon any judgment against a school district for the recovery of money. Unless the same be stayed by appeal, the treasurer «!hall pay such judgment upon presentation of a certified copy thereof, if be has sufficient money of the district not otherwise appropriated. If he fails to do so, he shall be personally liable for the amount, unless the cullecricn be afterward stayed. (2997) A judgment against a district can be paid only out of money not otherwise appropriated. — 43 M. 495. The treasurer of the district can pay a judgment against the trustees only out of money not otherwise appropriated. He has no authoriry to pay it out of moneys applicable only to other specific purposes. — 43 M. 495. 123. Same; failure to pay — Tax levy— If such judgment is not satis- filed, or stayed by appeal or otherwise, before the next annual meeting of the district, a certified copy thereof may be presented at its annual meeting, whereupon the district shall cause the amount of the judgment, with interest to be added to the tax of said district. If such tax is not levied and certified to the county auditor on or before October 1 next after presentation as aforesaid, a certified copy thereof may be filed with such auditor at any time before he has extended the tax of such district, with an affidavit showing the amount remaining unpaid thereon, and the fact of such presentation to the district. Thereupon the auditor shall at once levy and extend such amount as a tax upon the property taxable with in the district. (2998) 124. Same; when execution may issue — If the judgment is not paid within thirty days after the time when the proceeds of such levy become payable by the county treasurer of the district, execution may be issued thereon, to which anv propertv belonging to the district shall be -liable. (2999) 125. Same; how satisfied — If judgment is recovered in any such action, the auditor, upon a certified copy thereof being filed with him, shall levy and extend upon and against the property taxable within the district an amount sufficient to pay the same, with interest. When such tax, or any ACTIONS, .UroOMENTS, TENAT.Tl lOS. 40 part thereof, is collected, the county treasurer shall pay the same to Ihe holder of the judgment until it is satisfied in full. And lor this purpose the treasurer may use any money coming into his hands from taxes leViod prior to the judgment for tlip payment of the same indebtpdness. (3001) PENALTIES. 12t3. Excluding or expelling pupils -Any nn'iubcr ot au\ public school board or board of education of any district, who Avithoul suHicient cause, or on account of race, color, nationality or social position shall vote for, or being present, shall fail to vote against, the exclusion, expulsion, or sus- pension from school privileges of any person entitled to admission to the schools of such district, shall forfeit to the party aggrieved fifty dollars for each affense, to be recovered in a civil action. (2y00) A school board has no authority lo exclude a child of school age from school during any portion of the school year, and such child is entitled to admission whenever the minimum age is reached, whether the same be at the beginning or during any part of the ensuing term or year. — Simpson, March 4, 1909. The fact that parents pay no taxes in no way affects the right of their chil- dren to attend school, nor is such right affected by the manner of living of such parents, and while it is not incumbent upon local school districts to educate chil- ureu ol Inuian parents who are wtaus oi the go\ eminent, and have not severed their tribal relations, yet an Indian who has become a citizen of the state, and is a voter, occupies a different position, and the children of sucli person would be entitled to attend school. — Simpson, September 8, 1909. 127. Same; failure to pay teachers' wages — Any treasurer who uses money applicable for teachers' wages for any other purpose shall be per- sonally liable to any teacher who becomes entitled to any part of such fund for such amount to be recovered in a civil action against such treas- urer and the sureties on his official bond. (2762) 128. Same; improper classification of pupils — No district shall classify its pupils with reference to race, color, social position, or nationality, nor .separate its pupils into different school or departments upon any of such grounds. Any district so classifying or separating any of its pupils, or denying school privileges to any of its pupils upon any such ground, shall forfeit its share in all apportioned school funds for any apportionment period in which such classification, separation, or exclusion shall occur or. continue. The state superintendent, upon notice to the offending district, and upon proof of the violation of the provisions of this section, shall with- hold in the semi-annual apportionment the share of such district, and the county auditor shall thereupon exclude such district from his apportion- ment for such period. (2901) 129. Same; refusing to serve on school board — Any person accepting an election or appointment upon any school board, and refusing or neglect- ing to qualify or to serve, or to perform any of the duties of such ofllce, shall forfeit for each offense the sum of ten dollars, to be collected in an action before a justice of the peace, to be prosecuted in the name of the district by its director or other proper officer, or by any freeholder thereof. (2902) Where, at a regular school district meeting, it is voted to have a school kept for a specified time and sufficient funds are provided, the trustees render them- selves liable to the penalty imposed by this section, as amended by Laws 1879, chapter 41, by neglecting, without excuse, to provide the school the specified time.— Soule vs. Thelander, 31 Minn. 227, 17 N. W. Rep. 373. 130. Same; failure of clerk to report — Any clerk of a school district who fails to make any report required of him by law shall forfeit not less than five dollars nor more than fifty dollars for the use of the district. (2903) Any clerk of a school district who fails to make any report required by law shall forfeit not less than $5.00 nor moro than $.50.00 for the use- of the di.strict. (Smith, February 1, 1913.) 50 ACTIONS. .lUDGMENTS, PENALTIES. i:51. Same; drawing illegal order — Any school district clerk who shall illegally draw an order upon the treasurer, any chairman or other officer who shall attest such order, and any school district treasurer who shall knowingly pay the same, shall each forfeit to the district twice the amount of such order to be collected in an action brought In the name ot the district by any freeholder thereof. (2904) The Issuance of an order by a school clerk for the payment of the wapes of a teacher known tio him not to have been licensed to teach, subjects him to a penally.— 31 M. 333. Under this section the issuance of an order by a school district clerk, drawn by him upon tlie treasurer for the payment of the wages of a teacher known to him not to have been licensed to teach, and paid out of the funds appropriated for teachers' wages, is an unkiwful diversion of public school funds from their legitimate channel, and subjects him to the penalty prescribed. — School District No. 10 V.?. Thelandcr, 31 Minn. 333, 17 N. W . Kep. SCG. 132. Same; neglecting to keep or deliver records— Any school district clerk who shall neglect to keep the books and records of his office in the manner prescribed by law, or shall wilfully refuse to deliver such books and records to his successor in office, shall forfeit to the use of the dis- trict the sum of ten dollars for each offense. (2905) 133. Same; dealing in school supplies — No teacher, nor any state, county, town, city, or district school officer, shall be interested directly or indirectly in the sale, proceeds, or profits of any book, apparatus, or furniture used or to be used in any school with which he is connected. Any person violating any of the provisions of this section shall forfeit not less than fifty dollars nor more than two hundred dollars for each such offense. But this section shall not apply to a teacher who may have an interest in the sale of any book of which he iiimself is the author. (2908) It is not within the reason of the statute to prohibit a person who chances to be an officer or teacher in a given county or school district from engaging in the sale of such books or apparatus elsewhere than in his county or district. In- deed, it is obvious that the prohibition in terms does not reach sales made else- where.— Childs, April 27, 1896. 134. Same; failure of auditor to report — Any county auditor who shall fail to make to the state superintendent of public instruction any report of apportionment required by law shall forfeit for the benefit of the school fund of the county the sum of fifty dollars. (2906) 135. Same; failure of county superintendent to report — Any county superintendent who shall fail to report to the county auditor the abstract of district clerks' and teachers' reports required by law, or to make his statistical report to the state superintendent, shall forfeit to the school fund of the county for each such omission, fifty dollars, to be deducted from his salary by the county board. (2907) 136. Same; failure of officers to report violations of law — Every officer to whom reports are required by this chapter [compulsory education law] to be made, and for the failure to make which a penalty of fine or for- feiture is provided, shall give immediate written notice of such failure to the delinquent and to the proper county attorney. Such county attorney shall thereupon institute proper proceedings to collect such penalty, fine, or forfeiture. Upon complaint of the county superintendent, or whenever it comes to his knowledge that any school officer has violated any pro- vision of this chapter, for which violation a penalty, fine, or forfeiture la provided, such attorney shall institute like proceedings. (2911) School officers against whom charges have been made of illegal acts, can hold respective offices until removed by competent authority. — Simpson, March 18, 1909. Where, at the annual school meeting, it was determined that there should be six months' school, a three months' term beginning the first Monday in October, and another three months' term beginning the first Monday in February, but a majority of the school Ijoard, disregarding the action of the annual meeting, de- THE PUBLIC SCHOOLS. 51 cided to commence the second term on the second Monday in January, instead of February, the two members of the board voting for and causing such change would not be sub.lect tj a fine covering flie extra cost, if any, of the January school expenses. — Simpson, Marcla 19, 1000. 137. Same; use of tobacco by minors and pupils — Every person under the age of eighteen years, and every minor pupil in any school, college, or university, who shall smoke or use cigarettes, cigars or tobacco in any form on any public road, street, alley, park or other lands used for public purposes, or in any public place of business, shall be guilty of a misde- meanor, and punished for each offense by a fine of not more than ten dollars, or by improsonment in the county jail for not more than five days; and every person who shall furnish any cigarettes, cigars or tobacco in any form to any such minor person or who shall permit any such minor person to frequent any premises owned held, or managed by him, for the purposes of indulging in the use of cigarettes, cigars, or tobacco in any form, shall be guilty of a misdemeanor, and punished by a fine of not more than fifty dollars, or by imprisonment in the county jail not ex- ceeding thirty days, for each offense. (8674) 138. — Same; injury to house of worship, school buildings and school property — Every person who shall wilfully and without authority, break, deface, or otherwise injure any house of religious worship, or any part thereof, or any appurtenances thereto, any ornament, musical instrument, articles of silver or plated ware, or other chattels kept therein, for use in connection with religious worship, or who shall wilfully break, deface, or otherwise injure any school hotise or appurtenances, or other public building, or who shall wilfully break, deface, or injure any globe, map or chart, or any other article kept and used in connection with such school house or other public building, shall be guilty of a gross misdemeanor, and punished as follows : 1. If the value of the property broken, defaced, or injured is thereby diminished by an amount less than one hundred dollars, by imprisonment for not more than ninety days, or by a fine of not more than one hundred dollars, or by both. 2. If the value of such property shall be diminished more than one hundred dollars, by improsonment for not less than six months nor more than two years. In addition to the punishment herein prescribed, he shall be liable in treble damages for the inj"ury done, to be recovered in a civil action by the owner of the property, or bv the public officer having charge thereof. (8942) 139. Same; introducing or having liquors on school house grounds — Any person who shall introduce upon, or have in his possession upon, or in, any school ground, or any school house of school building any spirittious or malt liquors, except for experiments in laboratories, shall be guilty of a misdemeanor, the minimum punishment whereof shall be a fine of twenty- five dollars ($25) or improsonment for ten (10) davs, in the countv jail (8679) 140. Same; use of common drinking cup in public places — In order to prevent the spread of communicable diseases, the use of common drinking cups in public places, public conveyances and public buildings is hereby pro- hibited. (8790) Violation a misdemeanor — Whoever violates the provisions of this act shall be deemed guilty of a misdemeanor and be liable to a fine not ex- ceeding twenty-five dollars ($25) for each offense. (8790) CHAPTER VI. THE PTTBLIC SCHOOLS. 141. Public schools — Tuition free — All schools supported in whole or in pan by state school funds shall be styled public schools and admission ;,J TlIK PUBLIC SCHOOLS. to iind tuition therein shall be free to all persons between the ages of five and twenty-one years, in the district in which such pupil resides. Provided, that the school board of any district may, by resolution, exclude all children und3r siy year.' of age. (2670) A school board has no iiulhority to exclude a child of school age from school during any portion of the school year; and such child is entitled to admission whenever the minimum age is reached, whether the same be at the beginning or during any part of a school term or year; construing sections 1279 and 1402, R. L.— Young, March. lt'07. A school boanl has no ))0wer to exclude a pupil who uses tobacco from the public school. Tlie use of toliacco by students is not wholly prohibited by the statutes. — Young, page 206. Those entitled to admission to the public schools are (1) the children of the actual residents in the district; and (2) all other persons between the ages of five and twentv-one who may be in good faith living in the district. If the parents are in good faith living in the district, although temporarily, the children would be entitled to admission to the school. — Wilson, page 306. (See, also, para- graph 31. 18!)7, chapter 2.'')2.) Whether a minor whose parents reside in another part of the state has a right to attend school in your district depends upon whether said minor is a resident of your district. — Colville, page 235. Residence acquired by students in ai tendance upon any seminary of learning, or by inmates of any charitable institution, or of a public prison for reformation or punishment, is rot of such character as to give the right to attend the dis- trict school of the place or to be enrolled for apportionment in such district. — (^ornell, page 257. While a parent could not, for the colorable purpose of evading the law, send his children to board in another district for the mere oVj.iect of attending school, I entertain no doubt that a scholar actually and in good faith domiciled in the district would be entitled to the benefits of the school without regard to the resi- dence of his parents. — Cole, page 106. The right to free tuition depends upon the residence of the pupil claiming it without regard to the residence of his parents. If a child comes into a district for the mere purpose of attending school, the board, in its discretion, may charge tuition, or exclude him altogether. On the other hand, a child who actually re- sides in a district is entitled to school privileges without charge. "What are the relative powers and duties of trustees and teachers in refer- ence to the discipline and management of schools?" For insubordination, immorality, or infectious disease, the board may expel any scholar. It is made the duty of each member of the board at least once in each term to visit the schools and give such advice to the teacher as may be for the benelit of the schools, and they are intrusted with the general charge of the interests of the schools and school houses in their districts, and are especially authorized to emplov teachers having the requisite certificate of qualification. These are the principal provisions bearing upon the question under consideration, and they seem to leave no doubt that with the single exception of the power of expulsion for the causes specified in the statute, the authority of the trustees over the interior management of the schools is solely advisory in its character. The responsibility for the correct government and discipline of the school, as well as the adoption "of such methods of teaching as seem best calculated to promote the advancemnt of the scholars in their several branches of study, rests solely with the teacher. Of course there ought and always will be a mutual inter- change of views, and a cordial co-operation between teachers and trustees in all the.'se matters, whenever a regard is had to the important interest intrusted to their charge. — Cornell, p. 265. There is no doubt of the right of the parent to send his children into any district he may select so long as he is willing to assume the extra burden there- bv imposed upon him. — Clapp, May 3, 1888. ^ ^ ^, Corporal Punishment.— To use * * * force or violence upon » • ♦ the person of another is net unlawful * * * when committed by a * * * teach- er, in the exercise of a lawful authority to restrain or correct his • • • scholar, and the force or violence used is reasonable in manner and moderate in degree. The mere designation of tuition . charge as "book rent" when in fact it is a tuition charge, will not in any way affect the law or warrant the drawing of apportionment for pupils paving such "book rent."— Simpson. March S. lOOq. The maintenance of public schools is a matter, not of local, but of state con- cern: and under the constitution it is mandatory upon the legislature to exercise its power of providing for the establishment and maintenance of such schools by taxation and otherwise.— 122 M. 254. 112. Classes of schools — District schools are divided into four classes, as follows: (1) High schools; (2) graded schools; (3) semi-graded schools; and (4) cnnmion schools. (2798) 143. High schools — The following are the requisites of a high school: 1. It shall be in session not less than nine months in the year. 2. It shall admit, free of tuition charge, students of either sex resident THE PUBLIC SCHOOLS. r);{ in the state, but those only who shall pass a proper examination in arith- metic, spelling, English grammar, reading, writing, geography, and United States history. 3. It shall have regular and orderly courses of study, embracing all the branches prescribed by the state high school board, and requisite for admis- sion to the collegiate department of the state university, and an optional English or bu,'-:iness course in addition thereto or in lieu thereof. 4. It shall be subject to such rules and regulations, consistent with the provisions of law, as may be prescribed by the state high school board, and shall be open to visitation at all times by any members of such board, and by any inspector thereof. (2799) 144. Graded schools — Graded schools include all schools below high schools which — 1. Are is session at least nine months in the year; 2. Are well organized, having at least four departments in charge of a principal holding a state professional certificate, or a graduate from the advanced course of a state normal school or of a reputable college or university; 3. Having a suitable school house and other necessary buildings, a substantial library, and necessary apparatus for efficient work; and 4. Have regular and orderly courses of study, embracing all sucri branches as may be prescribed by the high school board. (2800) 145. Semi-graded schools — Common schools — A semi-graded school is one not complying with the foregoing provisions, but which — 1. Maintains a school for at least eight months in a year: 2. Is well organized, with at least two departments in the charge of proficient teachers, one at least of whom holds not less than a first-grade certificate ; 3. Has a suitable school building, outhouses, or other necessary ac- commodations, and a library and apparatus necessary for doing efficient work; and 4. xias a regular and orderly course of study, and shall comply with the rules established by the state superintendent. All other district schools are common schools. (2801) 146. General control of schools — The teacher shall have the general control and government of the school. When more than one teacher is employed in any district, one of the teachers may be designated by rhe board as principal and shall have the general control and supervision of the schools of the district, subject to the general supervisory control of the board and other officers. (2795) 147. Length of school — The schools shall be maintained not less than five nor more than ten months, but this provision shall not apply to night schools or kindergartens. The school month shall consist of four weeks. Every Saturday shall be a school holiday, and all legal holidays shall be counted as a part of the school week. (2796) 148. Holidays — The word "holiday" shall include New Year's Day. January 1; Lincoln's Birthday, February 12; Washington's Birthday, Feb- ruary 22; Memorial Day, May 30; Independence Day, July 4; Labor Day, first Monday in September; election day, the first Tuesday after the first Monday in November of the even numbered years; Christmas Day, Decem- ber 25; and the Friday next preceding Easter Sunday and commonly known as Good Friday. No ptiblic business shall be transacted on those davs except in cases of necessity, nor shall any civil process be served thereon. (9412-6) Legal bolidays are school holidays also.— Young, February, 1907. 149. Instruction in public schools — The books used and the instruc- tion given in public schools shall be in the English language, but any other 54 THE PUBLIC SCHOOLS. language may be used by teachers in explaining to pupils who understand such language the meaning of English words; and in high and graded schools other languages may be taught, when made part of a regular or optional course of study. Instruction may also be given in such languages in common schools, not to exceed one hour in each day, by unanimous vote of the trustees. (2797) If unanimously autliorizcd by the board, but under no other circumstances, a foreign lanpuape "may be taupht for not more than one hour in any school day as a part of the instruction in a public school. If a teacher violates this law, she violates her contract and is not entitled to compensation out of the treasury; and may be compelled by legal proceedings to obey the law. — Young, page 184. "Are trustees required by law to cause schools to be taught in the English language?" The school laws prescribe those (^ranches of study which are to be taught in our common schools. The languages are not included. That those branches are to be taught in the English language it requires no argument to prove. The government has yet to exist which will expend the contents of its treasury to the neglect of its own language in educating its citizens in the language of a foreign country whose institutions and laws are at variance with its own. — Cole, page 76. Proviso First. — A school in which the instruction is given In foreign languages cnnnot be regarded as in any sen.se a public school; no taxes can be legally levied for the support of such a school and it is the duty of the county superintend- ent to see to it that such a school receive no part of the apportionment of the public money. 150. Instruction in morals, etc. — The teachers in all public schools shall give instruction in morals, in physiology and hygiene, and in the ef- fects of narcotics and stimulants. (2835) You inquire whether it is lawful to open a public school with a recital of the Lord's prayer. The question involves a construction of section 16 of article I of the constitution, wherein it is, amongst other things, provided: "Nor shall any man be compelled to attend, erect, or support any place of worship." * • • No distinction can, in principle, be drawn, between the opening of school with prayer, or the reading of the Scriptures, so far as the question pertains to the violation of the provision above named. * * * In view of the decision by the supreme court, you are advised that the practice, however, frequently tolerated or indulged in, is violative of the constitution. — Childs, December 10, 1895. In the case of Rasnick vs. District No. 60, Stearns County, April 24, 1897, In the district court, it was held that a public school house cannot be used, either in or out of .school hours, for the purpose of giving any religious instruction, or the conducting of any religious exercises therein, which are peculfar to the dis- tirctive teachings, practices, doctrines, creed, tenets, or beliefs of any religious faith, church, or denomination, particularly from using or allowing the school house to be used for the same, of any of the prayers or the teachings of the cathechism, or the conducting of any of the religious exercises mentioned herein. 151. Instruction in schools; industrial subjects — "Industrial Subjects" as that term is used in this act, shall include courses in agriculture, home training (including cooking and sewing), manual training, and commercial training. The term "central school" as used in this act, shall mean the school or schools of a district in which industrial courses are given. (Sec. 1, c. 239, Laws 1915.) 152. Same; qualification for industrial training — Any high school, graded school, or consolidated rural school which has satisfactorily met the re- quirements in regard to rooms and equipment and has shown itself fitted by location and otherwise to give training in any one or more of the industrial subjects, may be designated by the state board of education to maintain such industrial courses, and to receive state aid therefor. Any school now operating and receiving state aid under the provision.^ of chapter 247, General Laws of 1909, and the acts amendatory thereof, shall continue to be aided under the provisions of this act for its industrial de- partments, provided such school maintains the standards made for receiving aid on such account. Any such school which has secured a tract of land for experimental and demonstration purposes may continue to own and operate such tract in con- nection with the industrial school courses. (Sec. 2, c. 239, Laws 1915.) THE PUBLIC SCHOOLS. 55 The power of the legislature to impose a system of school education upon local communities is not limited to the common branches. If it sees lit, the legis- lature may require public education of boys in agriculture and of girls in house- keeping.— 122 M. 255. 153. Same; qualifications of teachers of industrial subjects — Each sucii school shall employ trained instructors for the several courses, having such qualifications as may be fixed by the state board of education. (Sec. 3, c. 239. Laws 1915.) 154. Same; school gardens for demonstration — A school maintaining a course in agriculture may procure a tract of land suitable for school garden and for purposes of demonstration located within the school district, or if outsi.ie of the school district not to exceed three miles from the central building. The board may require a school having a course in agriculture to pro- cure a tract of land for the purposes stated. (Sec. 4, c. 239, Laws 1915.) 155. Same; practical character of industrial instruction — The instruc- tion in agriculture, as well as in the other industrial courses, shall be of a practical character and shall include such questions and the study of such subjects or courses as have a direct relation to the business of farming, home making, and the other subjects included under the head of industrial studies. When necessary to accommodate a reasonable number of boys and girls to attend only in the winter months, special classes shall be formed for them. (Sec. 5, c. 239, Laws 1915.) 156. Same; association of districts for industrial training — For the pur- pose of providing training and instruction in agriculture and such other in- dustrial subjects as can properly be taught to pupils in rural schools, and to extend the influence and supervision of the central school to rural schools, one or more school districts may become associated with a high, graded, or consolidated rural school in which industrial courses are maintained. Such association may be effected with a central school even though such central school has not been designated to receive annual state aid on ac- count of maintaining industrial courses. (Sec. 6, c. 239, Laws 1915.) 157. Same; association of districts, how effected — Association shall be effected, upon action taken at any annual or special meeting of the rural school district seeking such association, under such rules as the state board of education may establish. The association shall be considered as effected only after the approval by the school board of the central district and by the state board of educa- tion. (Sec. 7, c. 239, Laws 1915.) 158. Same; courses of study for industrial training — The superintendent or principal of the central school shall exercise the same authority and super- vision over the associated rural schools as over the central school. He shall prepare for the associated rural schools suitable courses of study in agri- culture and in such other industrial courses as may properly be taught in the associated rural schools. (Sec. 8, c. 239, Laws 1915.) 159. Same; admission of pupils to central school — Any pupil from an associated rural school shall be admitted to any grade or department in the central school upon the same conditions as pupils resident in the district of the central school. (Sec. 9, c. 239, Laws 1915.) 160. Same; termination of association of districts — The relationship be- tween any associated school district and the central school shall be per- manent except as it may be terminated by a majority vote of the voters of the associated district. (Sec. 10, c. 239, Laws 1915.) 161. Same; board of associated districts — The members of the variou.-i school boards of the associated rural districts and the members of the school ;,li THE PUBLiC SCHOOI-S. Iiuard ul (lit- central distiicl .shall constitule a board lo be known as "The Associated School Board of of ." (Sec. 11, c 289, r.aws 1915.) 162. Same; duties of board in associated districts--The duties of the associated board shall be: (a) To hold such meetings at the central school at such times as the associated board may determine. (b) To act on questions affecting the relation (»f the associated rural schools and the central school. (c) To submit to a vote of the various associated rural districts the questions of levying a tax in the associated rural districts to assist in the erection of an agricultural and industrial building in connection with the central school, and the levy and collection of a tax for this purpose. The associated school board may also submit to the several associated rural districts the question of levying a tax in such district to assist the central districts in the maintenance of the industrial courses, such tax in no case to exceed two (2) mills in any year. Before any tax, either for building or for maintenance, shall be levied, it must be voted for and approved by each of the rural districts so associat- ing with a central school. (d) To procure for demonstration and experimental work in agriculture, when necessary, a tract of land in one or more of the associated rural dis- tricts. (Sec. 12, c. 239, Laws 1915.) 163. Same; officers of associated districts — The officers of the district of the central school shall be the officers of the associated school board. (Sec. 13, c. 239, Laws 1915.) 164. Deaf children, instruction for, how provided — Upon application of any special, independent or common school district, complying with the pro- visions of this act, made to the state superintendent of education, he may grant permission to such district to establish and maintain within its limits one or more schools for the instruction of deaf children who are residents of the state. Any school district which shall maintain one or more such schools, shall through its clerk or secretary report to the state superintendent of education annually, or oftener if he so direct, such facts relative to such school or schools as he may require. The courses and methods of instruction must comply with such require- ments as may be outlined by the state superintendent of education. All schools for deaf children established under this act shall be conducted by the combined system which includes the oral, the aural, the manual and every method known to this profession; and the courses and methods of in- struction shall be substantially equal or equivalent in efficiency to the course and methods of instruction established and employed in the State School of the Deaf at Faribault, Minnesota. The state superintendent of education may designate any member of his staff as an inspector to visit and note the progress of the schools provided for in this act. Permission to establish such special classes may be granted to districts which have an actual attendance of not less than five deaf children, between the ages of four and ten years who may come under the provisions of this act. Blind children, defective speech children and mentally subnormal children are not to be admitted to the same class with deaf children but must each have separate classes and separate teachers. There shall be paid out of the current school fund in the state treasury annually in the month of July, to the treasurer of the school district board, or of the board of education, in the school district maintaining such school or schools under the charge of one or more teachers, whose appointment and qualifications shall be approved by the state superintendent of education, the sum of one hundred ($100.00) dollars for each deaf child instructed in such school or schools having an annual session of at least nine months during the year preceding the first day of July THE PUBLIC SCHOOLS. 57 It shall be the duty of the treasurer of the scliool district or of the board of education receiving the aid provided for in this section, to render annually to the state superintendent of education an itemized statement of all expenditures of said school or schools. Any surplus at the end of the year shall be reserved as a special fund for the education of the deaf children of that district and can be used for no other purpose. (Sec. 1, c. 194, Laws 1915.) 165. Blind children, instruction of, how provided — Section one (1) of this act shall, so far as applicable, provide for and apply to schools for the blind, except that there shall be paid out of the current school fund in the state treasury annually in the month of July to the treasurer of the school district maintaining a school or schools for the blind under the charf AP'l'ORTlONMKNT.S. CHAPTER VIM. FUNDS AND A ITOKTIONMENTS. 181. State apportionment of school funds — The state superintendent shall apportion the available current school fund among the counties on the first Monday of March and of October in each year, in proportion to the number of scholars of school age entitled to apportionment llierein. No scholar shall be counted more than once in any county, which shall be in the district in which his parents or guardians reside, if such scholar has attended school and is entitled to apportionment therein. Bui no district shall be entitled to any portion of said fund that has not had at least six months of school term within the year, conducted pursuant to the pro- visions of this chapter, nor shall any district, be entitled to any part of said fund for any pupil who has not attended school at least forty days within such year. (2895 as amended Sec. 3, c. 296, Laws 191.').) A district to be entitled to apportionment must not only have had a school taught the required time during the school year, which ends July 31st, but must also have made, ihiough its teachers, the requisite term reports to the county superintendent, who, in turn, must have reported it to the state superintendent of public instruction on or before September 20th. "Can the enrollment of evening schools, conducted by the regular corps of teachers, be reported for apportionment?" They can. There is nothing in the law requiring the apportionment to be made to day scholars only. — Hahn, page 491. A ten months' term of one-half day sessions is not in compliance with the statute requiring a six months' term of full session, as a condition precedent to the right to receive a share of the current school fund. — Douglas, Aprli 25, 1899. Note. — For further Information as to the apportionment and distiibution of school funds by the state, see chapter 296, I^aws of 191."), sections 1S6 to 2f>2 in- clusive, of tills compilation. 182. Same; state auditor to draw warrant — Standing appropriation — Upon receiving a copy of such apportionment, the state auditor shall draw his warrant on the state treasury, payable to the state treasurer, for the amount due each county. The state treasurer shall apply such amount in his semi-annual settlement with each county named in the apportionment, and, if the amount due any county shall exceed the amount due from .^uch county for state taxes, shall forthwith transmit to the county trea.surer the amount of such excess. There is hereby annually appropriated from the current school fund the amount of such apportionments. (2896) 183. County apportionment — The county auditor on the last Monday in March and October of each year shall apportion among the districts entitled thereto the amount ai)portioned from the current school fund and the amount received from liquor licenses, fines, estrays, and other sources, belonging to the general school fund, upon the same basis provided for the state apportionment, and such money shall be used only for the pay- ment of teachers' wages; but no district shall receive any part of the money received from liquor licenses unless all sums paid for such licenses in such district are apportioned to the county school fund, and no district shall receive in any year from the apportioned fund a greater amount than that appropriated by such district from its special and local one-mill tax for that year, unless such district has levied for such year thp maximum amount allowed by law for school purposes. (2897) Any delay which does not affect the apportionment may be disregarded, but the absence of reports justifies the auditor in leaving districts out of the ap- portionment whose reports are not in. — Cole, page 111. If it appeared that the district had made ample provision for a school as required by law, the>' would be entitled to their apportionment if their failure to maintain the school was due to no fault of theirs, as the prevalence of diph- theria.— Clapp, July 9, 1S88. Moneys withheld from districts pursuant to the last proviso in this section may be distributed among such districts upon a proper basis, as have complied with the requirements of Ihf law in such respects. — Childs, Novemlter 26, 189.'). STATE AID TO I'LM^I^IC SCHOOLS. 61 184. Apportionment to schools in new districts -Any (iisUul wiiicii for the first year after its organization lias made i)rovision for a four-months school by the levy of a suflicient tax, and has maintained a le.eal school for one month, shall receive its share in the first succeeding apportion ment, in proportion to its actual enrollment. Such enrollment shall be re- ported as in other cases, and the number of pupils so returned shall be included by the state superintendent and lli<> county auditor in their.appor- tionment. (2898) 185. Report of county apportionment, etc. — The county auditor, on the first Wednesday after such a])i)ortionment, shall report to the state super- intendent the amount apportioned (o each district, the sources from which such money was received, he aggregate number of pupils in the county, ;,nd the number of districts sharing in the apportionment. He shall also, immediately after the qualification of the county superintendent, reiiori [0 the state superintendent his name and postoffice address. (2899) Funds from fines and penalties — School funds are also received from liquor licenses and from fines and penalties under the provisions of the fol- lowing sections of the General Statutes of 1913, to-wit: 3153, 3173, 3174, 3323, 4406, 4994, 5021, 5028, 5112, 5804, 5806, fi040, 6278, 8930. CHAPTER IX. STATE AID TO PUBLIC SCHOOLS. 186. State aijl to schools, funds for — For the purpose of aid to public schools there shall be established the following state funds: (a) The Endowment Fund, which shall consist of the income on the permanent school fund. (b) The Annual Fund, which shall consist of the sums appropriated by the legislature for special aid to public schools or departments in the schools. (c) The Current School Fund, which shall consist of the amount derived from the state one mill tax. (Sec. 1, c. 296, Laws 1915.) 187. Same; distribution of, qualifications for receiving — The state board of education shall distribute the annual funds and any other sums appro- priated by the state to schools and libraries, in such manner and upon such conditions as will enable them to perform efficiently the services required by law, and to further the educational interests of the state. To this end the state board shall have power to fix the requirements for receiving and sharing in the state aid. (Sec. 2, c. 296, Laws 1915.) 188. Same; semi-annual distribution of — The endowment fund shall be distributed semi-annually to school districts whose schools have been in session at least six months in proportion to the number of scholars of school age who have attended school at least forty (40) days during the preceding year. The annual funds shall be distributed as follows: (Sec. 3, c. 296, Laws 1915.) 189. Same; rural schools entitled to — Rural schools in session at least eight months, shall receive one hundred and fifty dollars ($150) for each teacher holding a first class certificate. Rural schools in session at least seven months annually shall receive one hundred dollars ($100) for each teacher holding a second class certificate. (Sec. 4, c. 296, Laws 1915.) 190. Same; graded schools entitled to — A graded school in session at least nine months in the year shall receive six hundred dollars ($600) and an additional one hundred dollars (.$100) for each grade teacher employed in excess of four, counting the principal as a teacher. A graded school may receive an additional two hundred and fifty dollars ($250) for each high school teacher. The total aid to a graded school on this basis shall not exceed thirteen hundred dollars (|1,300). H2 STATE AID TO PUBLIC SCHOOLS. No graded achool in the same district with an aided high scliuol shall receive annual aid. This provision shall not apply to districts of ten or more townships. (Sec. fi. c. 296, Laws 1915.) 191. Same; high schools entitled to — A high school in session at least nine months in the year shall receive annually eighteen hundred dollar.s ($1,800). (Sec. 6, c. 290. Laws 1915.) 192. Same; amount of, for industrial departments — High, graded or con- solidated schools, maintaining courses in agriculture, home training (in- cluding cooking and sewing), manual training, or commercial training, shall receive one thousand dollars ($1,000) for the agricultural course, and six hundred dollars (?600) for each course in home training (including cooking and sewing), manual training, and commercial training. Aid to each of these departments shall not exceed the sums paid as salaries in the respective departments. (Sec. 7, c. 296, Laws 1915.) 193. Same; amount of, to high schools with teachers training depart- ments — High schools maintaining a department for training rural teachers shall receive annually twelve hundred dollars ($1,200). A school employing more than one teacher in such department may receive not to exceed two thousand dollars ($2,000). A school employing more than two teachers in such department and in enrolling not less than fifty students, may receive not to exceed twentv-eigl)t hundred dollars ($2,800.00). (Sec. 8, c. 296, Laws 1915.) 194. Same; amount of, to consolidated schools — Consolidated schools of class A shall receive annually five hundred dollars ($500). Consolidated school of class B shall receive annually two hundred and fifty dollars ($250). In addition to this annual aid consolidated schools shall be reimbursed for the amount reasonably expended for transportation of pupils, not to exceed two thousand dollars ($2,000). Districts providing school buildings for consolidated school purposes may be reimbursed up to one-fourth of the cost of such buildings, but not to exceed two thousand dollars ($2,000). (Sec. 9, c. 296, Laws 1915.) 195. Same; amount and conditions of, for libraries — Each school shall receive in addition to other aid, library aid amounting to ten dollars ($10) for each teacher employed, with a maximum of twenty-five dollars ($25) to a building, provided the district appropriates a like amount for the same pur- pose. (Sec. 10, c. 296, Laws 1915.) 196. Same; amount of, based on local tax levy — Districts whose local tax levy for maintenance of school exceeds twenty mills (20) in any year may receive in addition to other aid, one-third of the amount raised in excess of that received from the twenty (20) mill levy with a maximum of twenty- five hundred dollars ($2,500) to each high school, eighteen hundred dollars ($1,800) to each graded school, and to rural schools, two hundred dollars ($200) for each teacher. (Sec. 11, c. 296, Laws 1915.) 197. Same; amount of, to associated rural schools — Rural school dis- tricts associated with a central school shall receive annually fifty dollars ($50) on account of such association. The central school with which a rural school or rural school district is associated for the purposes herein stated shall maintain departments in agriculture and such other industrial subjects as the state board of educa- tion may require, and shall receive annually two hundred dollars ($200) for each such associated rural school or school district. (Sec. 12, c. 296, Laws 1915.) STATE AID TO PUBLIC SCHOOLS. 63 1»G- Same; distribution of to certain districts and for tuition of non- residents in Industrial departments — The current school fund shall be dis- tributed to school districts as follows. The state auditor shall set aside from the current school fund an amount not to exceed one hundred and fifty thousand dollars ($150,000) each year for the following purposes: (a) To assist any school district which does not maintain a state high or state graded school in maintaining its public schools, when a levy of fifteen (15) mills in such district does not raise five hundred dollars ($500) for each school in session seven (7) months during the year. The state board of education may expend not to exceed two hundred dollars ($200) for each such school. (b) To make up for any deficit which may arise in payment of the annual funds to schools, or to special departments in certain schools. (c) To pay the tuition of non-resident pupils enrolled in the industrial departments of state high, graded, or consolidated rural schools which have been designated by the state board to maintain courses and instruction in agriculture, home training (including cooking and sewing), manual training, and commercial training, and whose residence district does not provide courses and instruction of like kind. (Sec. 13, c. 296, Laws 1915.) 199. Same; tuition to be paid by non-resident pupils at high schools — A high school student whose residence district provides high school courses of instruction shall not be entitled to free admission to the high school of any other district except by permission of the school obard of such other district, or in accordance with the rules of the state board of education. The rate of tuition shall be fixed by the state board of education, but not to exceed two dollars and fifty cents ($2.50) per month for each non- resident pupil, nor more than nine (9) months in any school year. No non-resident pupil shall be entitled to have any tuition made a charge against the state whose residence district furnishes courses and in- struction in the industrial studies. Nor shall pupils from any associated district be counted for payment of tuition in the central school of the same district. No tuition shall be charged any pupil, resident of this state, who is en- rolled in the high school department of any state high or graded school, except in the industrial departments above specified. The state board of education shall make proper rules relating to enroll- ment, attendance, rates of tuition, payment of the endowment and current funds, on account of such non-resident pupils. (Sec. 14, c. 296, Laws 1915.) 200. Same; balance of state fund, how distributed— The balance of the current school fund shall be distributed on the same basis and at the same time as the endowment fund. (Sec. 15, c. 296, Laws 1915.) 201. Same; power over distribution, where vested conditions — In case the state board of education referred to in this act shall not be provided by law, the authority herein granted to such board will vest in the state high school board and the state superintendent of education in accordance with the provisions of existing law. (Sec. 16, c. 296, Laws 1915 ) 2(2. Same; certain laws repealed— All acts and parts of acts incon- sistent with the provisions of this act are hereby repealed. (Sec. 17, c. 296, Laws 1915.) 203. Same; to consolidated districts containing certain villages— To re- ceive state aid as a consolidated school of Class A or Class B, as defined In this act, the consolidated districts must contain not less than twelve sec- tions; provided, however, that when any consolidated school district shall have attained a valuation of $200,000 and not exceeding $1,000,000, and con- H4 STATK AID TO PUHLIC SCHOOLS. tains within its borders an incorporated village which consolidated district contains but ten sections such consolidated district shall have all the rights and privileges of a consolidated school district. Any existing school district having the area and meeting the requirements specified in this act, shall have the rights and privileges of a consolidated school district. (Sec. 2, c. 238. Laws 1915.) 20-1. Same; classification of consolidated districts for receiving — (1) For receiving state aid schoi/ls in consolidated districts shall be classified as A and 11. Schools of class A shall be in session at least eight months in the year and be well organized. They shall have suitable school houses with the necessary rooms and equipment. Those belonging in class A shall have at least four departments and those belonging in class B, at least two de- partments. The board in a consolidated school district maintaining a school of either class shall arrange for the attendance of all pupils living two mile.-; or more from the school, through suitable provision for transportation or for the boarding" and rooming of such pupils as may be more economically and conveniently provided for by such means. (2) Besides maintaining schools in consolidated districts conforming to the requirements of those coming under classes A and B, the school board may maintain other schools of not more than two departments, and receive state aid for these as provided for semi-graded and rural schools. (Sec. 9, c. 238, Laws 191.5.) 205. Same; qualification of principal of consolidated school — The i)rin- cipal of a consolidated school shall be qualified to teach the elements of agriculture, as determined by such tests as are required by the superin- tendent i^f. (•■Unation A school of this class shall have suitable rooms and equipment for industrial and other work, a library, and necessary apparatus and equipment for efiPcient w^ork, and a course of study embracing .sucii branches as may bo prescribed by the superintendent of education. (2) The principal and other teachers, including special teacher^-, shall have such qualificatiori;; as mav be fixed bv the superintendent of edu'^alion. (Sec. 10, c. 238, Laws 1915.) 206. Same; amounts to classes of consolidated d'stricts-Schools under class A in consolidated districts shall receive annually aid of five hundred dollars ($500): those under class B shall receive annually aid of two hundred and fifty ($250). In addition to such annual aid, schools shall receive annually the amount reasonably expended for the transportation of pupils, not to exceed two thousand ($2,000). In addition to other annua! aid consolidated schools of either of the above class shall receive an amount to aid in the construction of buildings, equal to twenty-five (25) per cent of the cost of such buildings, but no school shall receive more than a total of two thousand dollars (.^2.000) for aid in construction of buildings. The annual aid and the aid for buildings shall be paid in the same manner as now provided by law for the payment of other state aid to public schools. Whenever any school in a consolidated district attains \ho rank of a state high or graded school it shall possess I he rights and privileges of such school. (Sec. 11, c. 238, Laws 1915.) 206. Same; certain laws relating to, repealed — Sections 1289, 1290, 1291, 1292, 1293, Revised Laws 1905, and chapter 326, Session Laws of 1905 and chapter 304, Session Laws of 1907. Chapter 207, Session Laws of 1911, and chapters 279 and 428, Session Laws 1913 and other acts and parts of acts in.-onsistent herewith are hereby repealed. (Sec. 12, c. 238, Laws 1915.) 207. Same; amount of, for maintenance of industrial departments — High, graded, and consolidated rural schools maintainiT^s courses in agri- SCHOOL TEXT-BOOKS AND LIBRARIES. 65 culture, home training (including cooking and sewing), manual training, and commercial training, shall receive one thousand dollars (?1,000) for the agricultural course, and six hundred dollars ($600) for each course in home training (including cooking and sewing), manual training and commercial training. Aid to each of these departments shall not exceed the sums paid as salaries in the respective departments. (Sec. 14, c. 239, Laws 1915.) 208. Same; amount of, to rural districts associated with high school — Rural school districts associated with a central school shall receive annually fifty dollars ($50) on account of such association. The central school with which a rural school or rural school district is associated for the purposes herein stated shall maintain departments in agriculture and such other industrial subjects as the state board of educa- tion may require, and shall receive annually two hundred dollars ($200) for each such associated rural school or school district. (Sec. 15, c. 239, Laws 1915.) 209. Same; authority of distribution, where vested — In case the state board of education referred to in this act shall not be provided by law, the authority herein granted to such board shall vest in the state high school board and the state superintendent of education in accordance with the pro- visions of existing law. Repealing clause — Chapter 247, General Laws 1909, chaper 92, General Laws 1911, chapter 309, General Laws of 1913, and chapter 91, General Laws 1911, as amended by chapter 96, General Lawws 1913, are hereby repealed. (Sec. 16, 17, c. 239, Laws 1915.) 310. Same; payment of — The appropriations made by law in aid of high schools, graded schools, semi-graded schools and rural or common schools shall be paid in the following manner: On or before the first (1st) days of October in each year, it shall be the duty of the state superin- tendent of public instruction to deliver to the state auditor a certificate in duplicate for each class of schools in each county of the state entitled to receive the state aid expressly appropriated by law for such purposes. Upon the receipt of such certificate, it shall be the duty of the state auditor to draw his warrant upon the state treasure in favor of the county treas- urer for the amount shown by each certificate to be due to the several schools therein enumerated. The state auditor shall transmit such warrant or warrants to the county auditor, together with a copy of the certificate prepared by he superintend- ent of public instruction. (2947) 211. Same; duty of county auditor — Upon receipts by the county aud- itor of the warrant and the certificate as stated in section 1 of this act, it shall be his duty to credit the several school districts wih the amounts stated in said certificate, then charging the county treasurer with the ag- gregate amount so received, and forthwith deliver to the county treasurer the said warrant or warrants. 212. The funds so credited to the several school districts shall be paid to the treasurers thereof in the same manner now pi'ovided by law for the payment of school funds to school district treasurers. (2948) CHAPTER X. SCHOOL TEXT-BOOKS AND LIBRARIES. 213. List of books to be prepared by high school board---The state high school board shall from time to time prepare and amend a list of books suitable for school libraries, including dictionaries and other books of reference, histories and works of biography, literature, political economy, agriculture, travel and science. (2947) fifi SCHOOL TEXT-BOOKS AND LIBRARIES. 214. Same; state aid, when furnished — I'^pon receiving from any dis- trict a certified statement, approved by the county superintendent show- ing the purchase of books specified and included in the list prepared under the foregoing section, the appointment of a librarian for each library and the making of proper provisions for the care thereof, and for the free dis- tribution of books suitable for distribution, the state Muperintendont shall furnish such district a requisition on the state auditor for one-half the purchase price, not exceeding twenty dollars for th<^ first year's purchase and ten dollars for any subsequent year for each separate school for which a library is so furnished. Provided first that any school board may agree with the board of any a{>proved public library for a specified period to become a branch of .said public library and to receive therefrom library books suited to the needs of the pupils in the school and for the community. In the event of such agreement between the school board and the public library board such school board may torn over the books of the school library other than those needed for reference in the school to the public library and shall in case of such agreement annually pay to such public library, the sum to be expended by the school district for the purchase of library books, and any state library aid to which such school district is entitled. All books purchased by such public library from funds provided by district or state library aid shall be selected from the state list for school libraries. Any public library making agreement with school districts for library serv- ice as herein provided shall first be approved by the superintendent and the secretary of the public library commission, who shall make suitable rules governing relationship between school libraries and each public library co- operating under the provisions of this act. (2950) Note. — For law i-elatinp to additional aid for libraries, see section 10, Chapter 296, Laws of 1!>1.5, being- section 195 herein. 215. Text-books — Persons, companies or corporations to comply with certain conditions — Before any person, company or corporation shall offer any school text-book for adoption, sale or exchange, in the state of Min- nesota, said person, company or corporation shall comply with the follow- ing conditions: First. File a copy of such text-book in the office of the state superin- tendent of public instruction, with a sworn statement of the usual list price, the lowest wholesale price, and the lowest exchange price, based on five- year adoption periods, at which said book is sold of exchanged for an old book in the same subject of like grade and kind, but a different series, to any school board, school corporation or school text-book commission anywhere in the United States. Second. File with the state superintendent of public instruction a written agreement (1) to furnish said book or books to any school board in the state of Minnesota at the said lowest prices so filed, and to maintain said prices uniformly throughout the state. (2) To reduce such prices automatically in Minnesota whenever reductions are made elsewhere in the United States, and guarantee that at no time shall any book so filed by said person, company or corporation be sold In Minnesota at a higher price than is received for such book elsewhere in the United States. (3) That all text-books offered for sale in Minnesota shall be equal in quality to those deposited in the oS\ce of the state superintendent of public in- struction as regards paper, binding, print, illustrations, subject-matter and all points that may affect the value of said text-books. Third. File with the state superintendent of public instruction a surety bond of not less than two thousand ($2,000) and not more than ten thou- sand dollars ($10,000), said bond, in an amount to be fixed by the state superintendent of public instruction, shall run to the state of Minnesota, and be approved by the attorney general. Upon compliance with the fore- going conditions, said person, company or corporation shall be licensed to sell text-books in the state of Minnesota. (2951) SCHOOL TEXT-BOOKS AND LIBRARIES. 67 216. Same; failure to comply — Duties of county superintendent— If in any case said person, company or corporation shall furnish to any district books inferior in any particular to the samples on file with the state super- intendent or charge a higher price than was filed with the state superin- tendent, or than the same are sold elsewhere in the United States, then it shall be the duty of the county superintendent on written complaint filed with him by the school board of such district or of the city superin- tendent of a district having a state high school, or of the principal of schools of a district having a state graded school, to inform the state super- intendent of the failure of said person, company or corporation to comply with the terms of his contract. The state superintendent shall thereupon notify the said person, company or corporation of said complaint, and if the said person, company or corporation shall disregard the notification and fail to comply immediately with the terms of agreement filed with the state superintendent, then the bond of said person, company or corporation shall be forfeited and the attorney general shall upon written request of the stare superintendent proceed to collect the full amount of the bond of said per- son, company or corporation. (2952) 218. Same; books to be chosen from printed list — It shall be the duty of the state printer to print and of the state superintendent of public in- struction to distribute annualy to the school authorities of the state a complete list of the books thus filed with him giving the usual list price, the lowest wholesale price and exchange price of each; and all books used in the public schools of the state may be chosen from this list, and when- ever the publisher shall prepare an abridged or special edition of any of hi.s books listed with the state superintendent and shall supply such special edition elsewhere at a lower wholesale price than the wholesale price scheduled with the state superintendent, the publisher must agree to fur- nish such special edition at the wholesale price at which it is furnished elsewhere, so long as it is supplied at the said lower price anywhere out- side of Minnesota; and it shall be understood that the bond given by the publisher shall cover this provision as' to special edition. In case an ac- tion is brought upon such bond, the state, if successful, shall recover the full amount of the bond, which amount shall be paid into the state school fund. (2953) 218. Free text-books — The school board of any school district shall, when directed by a vote of the district, or when the board deems it ad- visable, provide for the free use of school text-books by the pupils of their school or schools, or provide for the sale of them to pupils at cost. But no such adoption or contract shall be for less than three (3) or more than five (5) years, during which time such books adopted shall not be changed. (2954) 219. Same; proposition to be submitted to voters of the district — Whenever five or more legal voters of any common school district shall petition the school board to submit the question of providing free text- books to pupils attending its schools, it shall be the duty of such boai'd to submit the same to the legal voters of such district. Such question may be submitted at a special meeting by giving ten day's notice thereof, or at any annual meeting. But in any case the notice of such meeting shall call at- tention to the fact that such question will be submitted, and in case a majority at such meeting shall vote in favor of such free text-books, it shall be the duty of the board to provide the same. (2955) 220. School boards to have authority to purchase — The school boards of each school district shall have authority to purchase all necessary books for indigent pupils and pav for the sariie out of the funds of the district. (2956) ,As to powers of boards of special districts over text-books, see 115 M. 222. 68 COMPULSORY EDUCATION— CHILD LABOR. 221. Attempted combinations illegal — Duty of attorney flenera! — If at any time any publisher shall enter into an understanding, agreement or combination to control the prices or to restrict competition in the adop- tion or sale of school books, then the attorney general shall institute and prosecute legal proceedings for the forfeiture of the bond of said publisher and for the revocation of his license to sell school books in this state, and each and every contract made by said publisher under this article shall thereupon become null and void at the option of the other parties thereto. (2957) 222. Samples to be placed on file with state superintendent — Penalty — Any publisher who shall sell or offer for sale or adoption in the state, school text-books of any kind without first placing samples of the same on file with prices and obtaniing a license therefor from the state superin- tendent of public instruction shall be guilty of a gross misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars and not more than two thousand dollars. (2958) 223. Superintendent to be disinterested party — Penalty for violation — If the state superintendent of public instruction, his assistant or any em- ploye connected with his office, or any member of any school board, who shall accept or receive any money, gift or any property, or favor whatso- ever, from any person, firm or corporation offering for sale any text-books or any agent thereof, or from any person in any way interested in the sale of text-books, shall, upon conviction, be punished by a fine not exceeding five hundred ($500) dollars or by improsonment in the county jail for not more than six months, or by both such fine and imprisonment. (2959) 224. Same; teachers, county and city superintendent to be disinter- ested persons — Penalty for violation — Any teacher in the public schools of Minnesota or any county or city superintendent of schools, or any mem- ber of any school board or board of education, or any person or persons connected with the public school system of Minnesota in any capacity, who shall in any way be interested in the profits, proceeds or sale of any school text-books used in the schools of Minnesota under his charge, or with which he is connected in any official capacity, shall be liable to a fine of not less than fifty dollars ($50), nor more than two hundred dol- lars ($200); provided, that this shall not apply nor have reference to royalties or profits received by a person from the sale of school books of which he is himself the author. (2960) CHAPTER XI. COMPULSORY EDUCATION— CHILD LABOR. 225. Compulsory attendance — Grounds for excuse — Every child between eight (8) and sixteen (16) years of age shall attend a public school or a private school, in each year during the entire time the public schools of the district in which the child resides are in session; provided, that in districts where the entire term of school is of unequal length in different schools such child shall be required to attend school as herein provided during at least the entire time of the shorter term. Such child may be excused from attendance upon an application of his parent, guardian, or other person having control of such child, to any mem- ber of the school board, truant oQicer, principal, or city superintendent, for the whole or any part of such period, by the school board of the district in which the child resides, upon its being shown to the satisfaction of such board : 1. That such child's bodily or mental condition Is such as to prevent his attendance at school or application to study for the period required: or 2. That such child has already completed the studies ordinarily re- quired in the eighth grade; or COMPULSORY EDUCATION—CHILD LABOR. 69 3. That there is no public school wiihiu reasonable distauce of his residence, or that conditions of weather and travel make it impossible for the child to attend; provided, first, that any child fourteen (14) years of age or over, whose help may be required in any permitted occupation In or about the home of his parent or guardian may be excused from attendance between April 1 and November 1 in any year; but this proviso shall not apply to any cities of the first and second class; provided, second, that nothing in this act shall be construed to prevent a child from being absent from school on such days as said child attends upon instruction according to the ordinances of some church. The clerk, or any authorized oflScer of the school board, shall issue and keep a record of such excuses, under such rules as the board may from time to time establish. (2979) You ask for a construction of chapter 3.">C, General Laws of 1911, and inquire as to the age of children that parents are compelled to send to school. You are advised that under the compulsory education law children between the ages of eight (8) and sixteen (16) years old must attend school. The provision in regard to children of six (6) years of age and between six and eight has reference simply to reports, and the law does not make it compul- sory upon children under eight (8) years of age to be sent to school. — Smith, 1912. The compulsory education law does not apply to children who have attained their sixteenth birthdav— Smith, Feb. 5. 1913. See sections 2796-2797, G. S. 1913. 226. Same; duty of school board— It shall be the duty of each school board, through its clerk or other authorized agent or employe, to report the names of children between six (6) and sixteen (16) years of age, with the excuses, if any, granted in such district, to the principal teacher thereof, within the first week of school, and any subsequent excuses granted shall be forthwith reported in the same manner. The principal teacher shall provide the teachers in the several schools under his supervision with the necessary information for the respective grade's of schools, relating to the list of pupils with excuses granted. On receipt of the list of such pupils of school age and the excuses granted, the principal teacher in a common, semi-graded or consolidated rural school shall report the names of children not excused, who are not attending school, with the names and addresses of their parents, to the county superintendent of schools within five days after receiving the clerk's report. The several teachers in state graded and state high schools shall report to the principal or to the city superin- tendent in like manner. (2980) 227. Same; duty of county superintendent, principal teacher, etc. — The county superintendent of schools shall forthwith notify the parent, guardian or person in charge to send such child to school of whose un- excused absence he has been informed, and upon their neglect or refusal to comply with the notification the county superintendent, shall upon re- ceipt of information of such non-compliance, notify the county attorney of the facts in each case. The principal of a graded school, or the superin- tendent of a district maintaining a high school, or a city superintendent, shall proceed in like manner as provided in this section respecting the county superintendent of schools. It shall be the duty of the principal teacher or other person in charge of any private school to make reports at such times and containing such information as is herein required, respecting public schools. Such reports shall be made to the county superintendent of schools in whose county such private school is located, except where such private school is located in a city or in a district maintaining a high school, or a graded school, such reports shall be made to the city superintendent of schools or to the super- intendent or principal of the high or grade school. The county superintendent, city superintendent, principal of graded school or superintendent of a district maintaining a high school, as the case may be, shall upon request of the county attorney make and file a criminal complaint against the person or persons neglecting or refusing to comply 70 I'M.MI'UI.SUKY EDUCATION— CHILD LABOR. with tlif piuNisions of this act relating to the sending of a child or childri^i to school, in any court in said county having jurisdiction ot the trial of mis- demeanors, and upon making of such complaint a warrant shall be issued and proceedings and trial be had as pi'ovided by law in case of misde- meanors. All prosecutions under this chapter shall be conducted by the county attorney of the county wherein the offense is committed. (2981) 228. Same; parent guilty of misdemeanor for violation — Any person who shall refuse or fail to keei) in school any cliild or children of whom he has legal charge or control, and who is required by law to attend school, when notified so to do as hereinbefore provided, and any i)erson who in- duces or attempts to indijce any chii'd unlawfully to absent himself from .school, or who knowingly harbors or employs while school is in session any child unlawfully absent from school, shall be guilty of a misdemeanor, and shall be punished by a fine of not to exceed fifty (•T-'JO) dollars, or by imprisonment in the coun^ty jail for not more than thirty (30) days. (2982) 229. Same; school officer, etc., guilty of violation — Any school officer, truant officer, teacher of a public or private school, graded school principal, city sujierintendent or county superintendent of schools refusing, wilfully failing, or neglecting to perform any duty imposed upon him by the pro- visions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not to exceed ten ($10) dol- lars, or by improsonment in the county jail not to exceed ten (10) days. All such fines, when collected, shall be paid into the county treasury for the benefit of the school district in which such offense is committed. (2983) 230. Same; duty of commissioner of labor — The coinmissioner of laboi- and his assistants shall assist in the enforcement of the provisions of this act and shall have authority to examine the excuses granted under this act, to make investigation into the causes for which excuses have been granted, and to revoke and cancel any that may be found to be granted without proper or sufficient cause. (2984) 231. School census, state aid withheld until taken^A complete school census shall be taken in every school district, common, independent and special, between July 1 and October 1, of all children between six (6) and sijcteen (16) years of age, which census shall show the name and date of birth of each person required to be enumerated, and the name and ad- dress of his parent, guardian or other person having charge. The school census shall be taken, by the clerk or the school board, or by some other person or persons appointed by the school board. Such person or per- sons taking such census shall make two extra copies thereof, shall certify to the school board the correctness of the enumeration and the information therein contained. The clerk shall retain the original in his office, send one copy to the county superintendent, and one copy to the principal teacher, principal or city superintendent of the school district, before the first day of school of each school year, or as soon as said census has been taken. The compensation for taking said school census and making the extra copies thereof shall be three (3) cents for each pupil enumerated, as shown by the census list, except that in cities the school board shall fix the compensation for this work. The superintendent of public instruc- tion and high school board are authorized and directed to withhold the special state aid from any school district which shall fail in any year to take the school census until such census has been taken, as herein provided for. (2985) 232. Truant schools — Such boards may maintain ungraded schools for the instruction of children of the following classes betwen eight and ei.gh- teen years of age: 1. Habitual truants. 2. Those incorrigible, vicious or immoral in conduct. COMPULSORY EDUCATION— CHILD LABOR. 71 3. Those who habitually wander about the streets or other public places during school hours, without lawful employment. All such children shall be deemed disorderly, and the board may com- pel their attendance at such truant school, or any department of the public schools, as the board may determine. (2987) 233. Commitment to state training sciiool — Whenever the board de- termines that the foregoing provisions have been found inadequate to securv' the attendance at school of any such disorderly child, or that he is beyorcl proper control in the truant or other school to which he has been assig:ned, it shall direct the truant officer to make complaint to a court or magistrate having jurisdiction over misdemeanors in such district or city. Such court or magistrate shall thereupon issue a warrant for the arrest of such child, and proceed to a hearing on such complaint, and if, upon such hearing, tlie court or magistrate shall decide that such child is dis- orderly and beyond the proper control of the schools of the district, and under seventeen years of age, he shall sentence him to the state training school; but in case of a, first conviction, the court, in its discretion, m?y suspend the sentence. (2988) 234. Truant officers to report annually number of cases of truancy — The board of any district may appoint and remove at pleasure truant ot ficers, who shall investigate all cases of truancy or non-attendance at sch'jol, make complaints, serve notice and process, and attend to the enforcement of all laws and school regulations respecting truant, incorrigible, and dis- orderly children and school attendance. Whenever any truant officer learns of any case of habitual truancy or continued non-attendance of any child hereby required to attend school, he shall immediately notify the person having control of such child to forthwith send to and keep him in school. He may arrest without warrant and take to school any such child, and shall act under the general supervision of the board, or, when directed by the board, under that of the city or district superintendent. He shall transmit annually on or before the first day of July, each year, to the state superintendent of public instruction, a report of the number of cases of truancy and non-attendance investigated by him and the disposition made in each case. Such officer shall receive a salary, fixed by the board appointing him, but no fees. (2986) 235. Child labor prohibited during school terms — No child under four- teen (14) years of age shall be employed, permitted or suffered to work at any time, in or in connection with any factory, mill or workshin, of in any mine; or in the construction of any building, or about anv engineer- ing work; it shall be unlawful for any person, firm or corporation, to em- ploy or exhibit any child under fourteen (14) years of age in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session, except pursuant to consent of the mayor or president of the council of the village, for participation by children in theatrical exhibitions or concerts, as pio- vided in section 10 hereof. (3839) 236. Same; children between fourteen and sixteen; when may be em- ployed — It shall be unlawful for any person, firm or corporation to em- ploy any child over fourteen years of age, and under sixteen years of age, in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session, unless the employer procures and keep accessible to the truant officer of the town or city and to the commissioner of labor, asr-.istant com- missioner of labor, factory inspectors and assistants, an employment cer- tificate as herein prescribed and a list of all such children employed. On termination of the employment of a child, such certificate shall be forth- with surrendered by the employer to the officiai who issued the same. (3840) 72 COMPULSORY EDUCATION— CHILD LABOR. 237. Same; employment certificates; when and how Issued— An em- ployment certificate shall be ispued only by the superintendent of schools, or by someone authorized by him so to do, or, where there Is no superin- tendent of schools, by the chairman of the school board or the chairman of the board of education, or by a person authorized by such chairman; provided, that no superintendent of schools, member of the school board or board of education or other person authorized, as aforesaid, shall have authority to issue such certificates for any child then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, ofTicer or employe. (3841) 238. Same; employment certificate; terms of issue — The person author- ized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and retained in his possession for the inspection of the public, the following papers duly executed: (1) The school record of such child, properly filled out and signed by the principal of the school which the child last attended, and if there is no principal, then by the teacher of such child in said school which shall be furnished on demand to a child entitled thereto. (2) A duly attested transcript of the birth certificate, filed according to law with the officer charged with the duty of recording births which shall be conclusive evi- dence of the birth of such child. (3) The affidavit of the parent or guardian or custodian of the child, showing the place and date of birth of such child, but such aflSdavit shall not be required unless the last mentioned transcript of the certificate of birth cannot be produced; which aflBdavIt must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been ex- amined by the officer issuing the same and until such oflScer shall, after making an examination, make and retain for inspection by the public, a statement, that, in his opinion, the child is fourteen years of age or up- wards, and until such officer shall have received a certificate from a reput- able practicing physician duly designated for such purpose by the school board affirming that the child has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. Every such employment certificate shall be signed in the presence of the officer issuing the same, by th6 child in whose name it is issued, and shall only be issued to children who have completed the studies taught in the common schools of the district in which they reside or, a parochial or private school in which the curriculum is equal to the common schools of the district; provided, however, that no child shall be granted such certificate who is not able to read and write simple sentences in the English language. (3842) 239. Same; employment certificate to describe child — Such employ- ment certificate shall state the date and place of birth of the child, and de- scribe the color of the hair and eyes and height and weight and any dis- tinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and i*etained for in- spection by the public and that the child named in such certificate has appeared before the oflBcer signing the certificate and been examined. (3843) 240. School officers to report to commissioner of labor — The super- intendent of schools and chairman of school boards and of the boards of education, shall transmit between the first and tenth day of each month to the office of the commissioner of labor of the state a list of the names of the children to whom certificates have been issued. The report shall give the date of Issuing the certificate and the date of expiration; the age and sex of the child; the name of the employers and the nature of the occupation the child is permitted to engage In, and any one falling to transmit the list herein provided for, shall be guiltv of a misdemeanor. (3844) (X)MPULSORY EDUCATION— CHILD LABOR. 73 241. Hours of labor of child under sixteen — No person undei' the age of sixteen years shall be employed, or suffered or permitted to work at any gainful occuptCTion more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hour of 7:00 o'clock in the morning or after the hour of 7:00 o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the commissioner of labor of the state, and the employment of any minor for longer time in any one day so stated, or between the hours of 7:00 o'clock in the evening and 7:00 o'clock in the morning, shall be deemed a violation of this section. (3845) 242. Violations of law; penalties— Whoever employs a child under six- teen years of age, and whoever, having under his control a child under such age, permits such child to be employed in violation of section 1, 2, or 7 of this act, shall, for such offense, be fined not less than $25.00 nor more than $50,00; and whoever continues to employ any child in violation of any of said sec- tions of this act after being notified by a truant officer or commissioner of labor of the state, shall for every day thereafter, that such employment con- tinues, be fined not less than $5.00 nor more than $20.00 additional for each day the such employment continues. A failure to produce to a truant officer or any official of the labor department, any employment certificate or list required by this act shall be prima facie evidence of the illegal employment of any person whose employrhent certificate is not pi*oduced, or whose name is not so listed. Any corporation or employer retaining employment cer- tificates in violation of section 2 of this act shall be fined $10.00. Every person authorized to sign the certificate prescribed by section 5 of this act, who knowingly certifies anv false statement therein shall be fined not more than $50.00. (3846) 243. Powers of truant officers — Officials of the labor department and the truant officers may visit all factories, mills, workshops, mines, mercantile establishment and all other places where labor is employed and ascertain whether any minors are employed contrary to the provisions of this act, and they shall report any case of such illegal employment to the school super- intendent or to the chairman of the school board or board of education and to the commissioner of labor of the state. Officials of the labor department and truant officers may require that the employment certificates and lists provided for in this act of minors employed, shall be produced for their inspection. Complaints for offenses under this act may be brought by any official of the state labor department, and any one who shall refuse to allow visitation in this section provided for, shall be guilty of a misdemeanor. (3847.) 244. Terms of employment of children under 16 — That no children under the age of sixteen (16) years shall be employed at sewing belts, in any capacity whatever; nor shall any children adjust any belt to any ma- chinery; they shall not oil, or assist in oiling, wiping or cleaning machinery, they shall not operate or assist in operating circular or band saws, wood shapers, wood jointers, planers, sand paper or wood polishing machinery, emery or polishing wheels used for polishing metal, wood turning or boring machinery, stamping machines in sheet metal and tinware manufactur- ing, stamping machines in washer and nut factories, operating corru- gating rolls, such as are used in roofing factories, nor shall they be em- ployed in operating any steam boiler, steam machinery, or other steam gen- erating apparatus, or as pin boys in any bowling alleys, they shall not op- erate, or assist in operating dough grates, or cracker machinery of any description; wire or iron straightening machinery, nor shall they operate, or assist in operating rolling mill machinery, punches or shears, washing. 74 COMPULSORY EDUCATION— CHILD LABOR. grinding or mixing mill or calendar rolls in rubber manufacturing; nor shall they operate, or assist in operating laundry machinery; nor shall they be employed in any capacity in preparing any composition in which dan- gerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacturing of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating, or assisting to operate any passenger or freight elevators; nor shall they be employed in any cap- acity whatever in the manufacture of goods for immoral purposes, or in any other employment dangerous to their lives, or their health or morals; nor in any theater, concert hall, saloon, or place of amuseinent. Provided that this section shall not apply to the employment of any child as a singer or musician in a' church, school or academy, or in teaching or learning the science or practice of music; or as a musician in any concert, or in a theatrical exhibition with the w'ritten consent of the mayor of the city, or the president of the council of the village, where such concert or exhibition takes place. Such consent shall not be given at any time for any child, local or transient, under ten years of age, nor in any case unless written appli- cation be made to the oflicer empowered to give such consent at least seventy-two (72) hours previous to any performance for which such consent may be given. Such application and the consent based thereon shall specify the name of the child, its age, and the names and residence of its parents and guardians, the nature, kind, duration and number of performances de- sired or permitted, together with the places and character of the exhibition. The mayor of the city, or president of the council of the village, may grant such consent, and shall at least forty-eight (48) hours before the first per- formance or exhibit forward to the commissioner of labor and to the sec- retary of the Minnesota child labor committeee, a notice of said application and consent; and if it shall appear to such commissioner or secretary, or assistants, that such conscent is in violation of any existing law, or that the character of the performance is such as to be dangerous to the life, or limb, or injurious to the health or morals of such child, then the commissioner of labor shall have power to suspend the operation of such consent pending in- vestigation, and shall have power upon such investigation to revoke such consent. The applicant shall be promptly notified of any suspension or revocation of a permit, and of the time and place of any proposed investiga- tion, and shall have the right to appear at such investigation and be heard. If a permit be revoked for any reason other than the unsuitableness of the proposed placee, the child for wohm said permit is requested shall not be permitted to appear in the proposed exhibition at any point within this state for a period of one year thereafter; and the fact that a permit may be thereafter granted by a mayor or president of the council for such child to appear in such exhibition shall not be a bar to a prosecution for violation of this act. But no such consent shall be construed to authorize any viola- tion of paragraphs one, three and four of section 4939, Revised Laws of 1905; nor shall females under sixteen (IG) years of age be employed in any capacity where such employment compels them to remain standing con- stantly. Provided, that in any action brought against an employer of any child under sixteen (16) years of age on account of injuries sustained oy the child while so employed, if the employer shall have obtainea. and kept on file in like manner as herein provided for employment certificates, an affidavit of the parent or guardian, stating in substance that the child is rot less than sixteen (16) years of age, such employment shall not be deemed a violation of this act. Any person employing any child in violation of the provisions of this section shall be guilty of a misdemeanor. (3848.) 245. Boys under 18 not to be employed in certain occupations — No boy under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution, trans- mission or dlivery of goods or messages before 5 o'clock in the morning ov after 9 o'clock in the evening of any day; and no girl under the age 21 years shall be thus employed at any time. Any person employing any child in SCHOOL ADMINISTRATION. 7!=) violation of the provisions of this section shall be guilt v of a misdemeanor. (3849.) 246. Physician's certificate of fitness — In case any child appears to be unable to perform the labor at which he or she is employed, the ofTicial.s of the labor depai-tment or truant officers, shall require the employer of such child to procure a certificate from a reputable practicing physician duly designated for such purpose by the school board, affirming the physical irt- ness of the child for such work, and a child as to whom such certificate can not be obtained shall jiot be employed. Any person refusing to produce the certificate herein required upon demand, or who shall employ a child when a certificate has been procured stating that such child is physically unable to work, shall be guilty of a misdemeanor. (3850.) CHAPTER XII. SCHOOL ADMINISTRATION. Part I. SUPERINTENDENT OP EDUCATION. 247. Superintendent of education, etc. — The general supervision of public schools is vested in a state superintendent to be known as the super- intendent of education, and in the various county, city and district superin- tendents, the state high school board and its inspectors. (2869) 248. Same; appointment, assistants, clerks, office, etc. — A superin- tendent of education shall be appointed by the governor, by and with the advice and consent of the senate. The first superintendent so appointed shall serve until January 20, 1915, and subsequent appointees shall hold for a term of four years and until this successors are appointed and qualified. Vacancies in said office shall be filled by like appointment for the remainder of the term. He shall have an office in the capitol, where he shall file and keep all papers, reports and public documents made or sent to him, and a record of all his official business. He shall appoint a deputy who shall perform his duties when absent or disabled, and three other assistants, a rural school commissioner and supervisor of school libraries, each of whom shall perform such duties as the superintendent may require. He may em- ploy other necessary assistants and clerks and fix their compensation not to exceed moneys appropriated therefor. (2870) 249. Same; contingent fund, expenses of — The superintendent and other persons appointed by him shall receive their necessary expenses for travel- ing and other incidental expenses incurred in connection with their official duties, to be paid from the contingent fund or from other appropriations made for such purposes. (2871) 250. Same; powers, duties, reports, etc. — Besides exercising general supervision over public schools and public education agencies in the state, the superintendent of education shall prescribe rules for the several classes of public schools receiving special state aid. He shall classify and stand- ardize rural and other public schools and prepare for them outlines and sug- gestive courses of study. He shall, under the laws prescribed therefor, issue all certificates to those employed as teachers and supervisors in public schools. For the purpose of considering matters affecting the interests of public education, he shall, upon notice, meet the several county and city supe-- intendents and school principals at such times and places in the state as he shall deem most convenient and beneficial. On or before December 1 of each even-numbered year, he shall prepare and submit to the legislature, through the governor, a report containing: 1. An abstract of the reports of the several county superintendents showing such facts and giving such information as the said sui>erintendent 76 SCHOOL ADMINISTRATION. may require relative to public schools, Including enrollment, attendance, and classification of pupils in public schools. 2. A statement of the condition of public schools and of public and other institutions of learning reporting to him. 3. The amount of moneys received and expended each year for public schools and public education, specifying the amount received from each source and the amount expended for each purpose. 4. The number, kind, and name of public schools of each class re- ceiving state aid, and the estimated amount of aid for the ensuing two years, together with such facts relating to these schools as will show their progress and work. (2872) 251. Same; to prepare uniform system of records and accounting — The superintendent of education shall prepare a uniform system of records for public schools, require reports from county and other superintendents and principals of schools, teachers, school officers, and the chief officers of public and other educational institutions, to give such facts as he may deem of public value. He shall establish and carry into effect a uniform system of accounting by public school officers, and he shall have authority to super- vise and examine the accounts and other records of all public schools. (2873) 252. Same; to prescribe rules and examine plans for buildings — He shall prescribe rules and examine all plans and specifications for the erec- tion, enlargement and change of school buildings, which plans and specifica- tions shall first be submitted to him for approval before contract is let, and no new school building shall be erected or any building enlarged or changed until the plans and specifications have been submitted to and have been ap- proved by the superintendent of education. He shall include in such rules those made from time to time by the state board of health, relative to san- itary standards for toilets, water supply and disposal of sewage in public school buildings. In all other respects the authority to make rules for public school buildings shall be vested in the superintendent of education. Under such rules and procedure as the superintendent or the high school board shall prescribe, he may condemn school buildings and sites which are unfit or unsafe for use as such. (2874) 253. Same; office of superintendent of public instruction abolished — Upon the appointment confirmation and qualification of the superintendent of education, herein provided for the office of superintendent of public in- struction shall be abolished and shall cease and terminate and all duties and powers prescribed by law for the superintendent of public instruction, and not inconsistent with this act, shall be vested in and performed by the superintendent of education. (2875) 254. Sections repealed— Section 1373, 1374, 1375, 1376, and 1377, Re- vised Laws of 1905, and all other acts and parts of acts Inconsistent with this act, are hereby repealed. (2876) 255. Same; to prepare registers, blanks and record books — He shall prepare and distribute, through the county superintendents, school registers, blanks for all reports required by this title, record books for district treas- urers and clerks, and any other blanks necessary for school business. (2877) 256. Same; to proclaim annual "Minnesota Day" — There shall be desig- nated annually by proclamation, by the superintendent of public instruc- tion of this state, by and with the consent of the governor, a day between October 1st and Mav st to be designated and known ae "Minnesota Day." f2806) 257. Same; observance of "Minnesota Day" — On that day all the public schools of this state shall give special attention to exercises devoted to mat- SCHOOL, ADMINISTRATION. 77 ters of interest appertaining to the State of Minnesota and its geography, history industries and resources. (2807) Part II. 258. County superintendent; election of — In every county in this state there shall be elected at the general election in 1914, and not before a * * * county superintendent of schools. (809-1009) 259. Same; term of office — The terms of office of the said county officers shall be four years and until their successors are elected and quali- fied and shall begin on the first Monday in January next succeeding said election; and said offices shall be filled by election every four years there- after. (810-1009) 260. Same; how removed from office — The governor may remove from office any clerk of the supreme or a district court judge of probate, judge of any municipal court, justice of the peace, court commissioner, sheriff, coroner, auditor, register of deeds, county attorney, county superintendent of schools, county commissioner, county treasurer, or any collector, receiver, or custodian of public moneys, whenever it appears to him, by competent evi- dence, that either has been guilty of malfeasance or nonfeasance in the performance of his official duties; first giving to such officer a copy of the charges against him, and an opportunity to be heard in his defense. (5724) 261. Same; to turn over records at end of term — Every county super- intendent on retiring from office shall deliver to the auditor of his county, for his successor, the records of his office, a list of the clerks of all school districts of the county, with their postoffice addresses, and of all persons under contract to teach in the common schools, together with all blanks, registers, copies of laws, and other state or county property in his posses- sion; and no auditor shall make full payment of salary to any such county superintendent until he has complied with the requirements of this section. (1014) 262. Same; duties and powers of — In addition to their other duties, coun- ty superintendents shall visit and instruct each school in their counties at least once in each term, except those under the immediate charge of a city or district superintendent, and instruct its teachers; organize and conduct such teachers' institutes as they shall deem expedient; encourage teachers' associations; advise teachers and school boards in regard to the best meth- ods of instruction, the most approved plans for building, improving, and ventilating school houses, or ornamenting school grounds, and of adapting them to the convenience and healthful exercise of the pupils; stimulate school officers to the prompt and proper discharge of their duties; receive and file all reports required to be made to them; and make a report to the state superintendent, containing an abstract of such reports, a written statement of the condition and prospects of the schools under their charge, and such other matters as they may deem proper, or as may be called for by the state superintendent. (2878) "Can a regiilarly employed teacher In a common school also hold the office of county superintendent of schools?" While such double employment might possibly be justified in exceptional cases, It Is not within the contemplation of law.— Childs, October 8, 1892. The board of county commissioners may allow such compensation to the ap- pointees of the county superintendent as It may deem Ju.st and reasonable, and direct the payment thereof out of the county treasury. — Childs, February 6, 1896. I am of the opinion that the creation of new districts inures to the advantage of the superintendent. • * • It may be queslloned, however, whether the superintendent would be entitled, in case of the creation of a new district, to more than such proportionate part of ten dollars as the time elapsing after the commencement of a school therein bears to the whole year. — Childs, January 14, 1895. The printing Is left to the discretion of the county superintendent, whether as to the nature tliereof or the paper wherein notices are publishd, and the printer by whom the work Is performed. — Childs, .Tanunry 16, 189S 78 SCHOOL ADMINISTRATION. 263. Same; may call meetings of district officers — The county super- intendent may call meetings of the district oflirers of his county at such times and places as may be convenient, to remain in session for one day, for consultation and advice in regard to school statistics, methods of organiza- tion of schools, and other matters relating to the educational interests of the public schools. (2879) 26-1. Same; to keep records of examination of teachers — The county superintendent shall keep in books provided by the county a record of ex- aminations of candidates to whom certificates are granted or refused, of the date of examination, the name, sex and age of each candidate, the grade of certificate granted and the grounds on which any certificate is refused, and a like record of all certificates of those teaching in his county, and of such other matters as may be prescribed by the state superintendent. (2880) 265. Same; to keep records of teachers' certificates and diplomas — County superintendents of schools shall record in their office, in a book provided by the boara of county commissioners for such purpose, all ma- terial facts concerning teachers' certificates and diplomas presented for that purpose, and shall certify to the holder of such certificates or diploma that such record has been made. (2831) It is the duty of the county superintendent to keep a record of re-examina- tions and revocations of teachers' licenses; and such record is the best and proper evidence of revocation. — 32 M. 476. 266. Same; to forward to teachers and clerks, blanks, circulars, etc. — He shall forward to teachers and clerks all blanks and circulars fur- nished him for their use, and shall be guided generally by the rules pre- scribed by the state superintendent and the high school board. (2881) 267. Same; to report to superintendent of education— He shall report to the state superintendent, on or before September 20 of each year, the number of different pupils of school age enrolled in the schools of each dis- trict; taking care that no pupil is counted more than once, and that no one not entitled to apportionment is included. This report shall include tabulated extracts from the reports of the teachers and clerks, and such other matters as may be called for in the blanks. (2882) 268. Same; to report to county auditor — He shall in like manner, on or before the last Wednesday in October, file with the county auditor an ab- stract of the number of pupils of school age enrolled in the schools of each district, and entitled to be counted for appropriation (apportionment) from the current school fund, and of months school taught in each school during such school year. (2883) 269. Same; failure to report — No warrant shall be drawn for the pay- ment of the salary of the county superintendent for the month of October of any year unless such report to the auditor shall have been filed, and proof made of the filing of such superintendent's report to the state superintendent. (2884) 270. Same; to appoint deputy in certain cases — Any superintendent physically unable to visit his schools or conduct teachers' examinations in proper time may appoint a deputy superintendent for not more than sixty days in any year, to be paid by such county superintendent. (2885) 271. Same; to hold teachers' institutes — The county superintendent may hold county institutes for teachers in different parts of the county not to exceed two (2) days for each such institute in any one (1) year; or he may hold one annual institute not to exceed five days, and require the attend- ance of all persons teaching in the county schools except those in high graded schools at any of such institutes. 'Teachers who have been in reg- ular attendance during the entire time of such institute designated by the county superintendent shall receive from him a certificate of attendance SCHOOL ADMINISTRATION. 7iJ which shall entitle such teacher to full pay for the time her school has been closed on account of attendance at such institute, and the county commis- sioners shall allow bills for personal expenses for the county superintendent in holding institutes not to exceed the sum of fifty ($50.00) dollars in anv one (1) year. (1020) A county superintendent is entitled to his personal expenses incurred in at- tending a teachers' training school, under the provisions of chapter ls:J, Laws 1905; but such expenses should be limited to conveyance to and from place of meeting and board and lodging while in attendance. — i'oung, page lt»8 A county superintendent is entitled to be reimbursea for his expenses, in- cluding conveyance, hotel and lodging, while attending teachers' training school, under chapter 182, Laws 1905. Young, July, 1906. 272. Same; traveling expenses; audit of — The county board of each county of the state of Minnesota shall audit and if found correct allow duly itemized and verified claims of the county superintendent of schools lor actual and necessary traveling expenses, incurred and paid by him or his assistant in the conduct of his official duties as county superintendent of schools. (1016) The county superintendent and his assistants are entitled to actual and nec- essary expenses while engaged in the discharge of their duties under sections 1348, 1349, 1376, 1379 and 13S0, R. L. These expenses Include hotel, livery, keep- ing of teams, railway fare, etc., while in attendance at teachers' meetings, in- stitutes, training schools, meetings of school officers, at places other than where they live, and while attending meetings called by the stale superintendent; but are not entitled to expenses of keeping their own teams at home while not en- gaged in official business. All such expenses are to be paid in addition to salary. —Young, May, 1907. Chapter 33 of the Laws of 1907 repeals all legislation, general or special, as to the allowance of traveling expenses of county superintendents, and therefore section 1 of chapter 1S2 of the Laws of 1905, is expressly repealed. — Young, Sep- tember 23, 1907. 273. Same; salaries of — Salaries of county superintendents, except as hereafter provided shall be fixed by the county board, and shall not be less than a sum equal to fifteen dollars (|15.00) or twelve dollars and fifty cents ($12.50) as herein provided for each organized public school in the county, to be reckoned pro-rata for the year from the time when a new school, organized in any district, begins. It shall be fixed at not less than fifteen dollars ($15.00) for each public school in the county, until the salary, reckoned on that basis, reaches one thousand dollars ($1,000), and in counties where the salary, reckoned at fifteen dollars ($15.00) per school, shall exceed one- thousand dollars ($1,000) it shall be reckoned on the basis of not less than twelve dollars and fifty cents ($12.50) for each public school in the county, until the salary reaches two thousand dollars ($2,000) but in no county shall the salary, reckoned on the basis of twelve dollars and fifty cents ($12.50) fur each school, be less than one thousand dollars ($1,000). Provided, that when one or more school districts are hereafter discontinued in any counly as a result of consolidation, or when school in any school-building is or has been discontinued as a result of consolidation and the children usually attendant thereat are transported to another school in the same or adjoining district by the school authorities, then hereafter the salary of the county superin- tendent shall be reckoned and an assistant or assistant superintendent, if any, shall be appointed on the basis of the number of schools before such consolidation, or discontinuance, was made. In any county, except as other- wise provided in this act, the salary of the county superintendent mav be fixed by the county board at such sum higher than two thousand dollars ($2,000) as the county board shall determine. The provisions of this section shall apply to all counties in this state excepting (1) those having a population of one hundred and fifty thousand or more, in which the salary of the county superintendent and the appoint- ment and salary of his assistant shall remain as now fixed by law referring to such counties, and (2) other counties where the salary of county superin- tendent is now fixed by special law in which last-named counties the salar\ of the county superintendent shall be fixed by such special law, but all other provisions of this act shall apply to such last-named counties. 80 SCHOOL ADMINISTRATION. The term "school" as used In this act shall be understood to mean a school building In which a public school is held. (Sec. 1, c. 141, Laws 1915.) 274. Same; payment of postage, stationery, etc. — The county board of each county shall pay itemized and verified bills for postage used in offi- cial correspondence and in forwarding oflicial documents, express, telegraph and telephone charges in official business, necessary bills for printing no- tices, circulars, lists of questions, annual and term reports required in the proper grading of schools, or such reports and classification records as may be required by the state superintendent, together with necessary stationery in the examination of teachers and pupils and for official correspondence, also the local expenses in connection with teachers' institutes and training schools and for conducting teachers' examinations. (1011) 275. Same; assistants of, and salaries — In counties containing not less than seventy-five nor more than one hundred and twenty-four schools, the county superintendent is authorized to appoint an assistant superintendent, to be paid by the county at the rate of three dollars a day and necessary traveling expenses for each day of actual service, such service to be lim- ited to forty days in each year and one day additional for each school above seventy-five and up to one hundred and twenty-four schools. In counties having one hundred and twenty-five schools, but less than two hundred and forty, the county superintendent shall appoint one assistant, and in coun- ties having two hundred and forty schools or more, he shall appoint two assistants, and the assistant or assistants shall give their entire time to their duties as such assistant superintendents, and shall serve during the pleasure of the superintendent. The salaries of assistants appointed to serve for full time shall be fixed by the county board at not less than six hundred dollars ($600) nor more than fifteen hundred dollars ($1,500) per annum. Assistants so appointed to serve for full time shall have had at least eighteen months' experience in public schools, and be the holders of teachers' certificates equivalent to diplomas from a Minnesota normal school, except that in counties having two assistants it shall be sufficient if one of them possesses the teaching experience and the certificate herein referred to. Any assistant, at the time of his appointment, may or may not be a resident of the county for which he is appointed. In each case the assistant county superintendent shall assist the superintendent in the per- formance of his general duties, as directed, and report to him. (1012) Part III. HIGH SCHOOL, BOARD. 276. Composition — The state superintendent, the president of the state university, and the president of the board of normal school directors, ex- officio, and the superintendent or principal of a high school, and one other person appointed by the governor and confirmed by the senate, shall consti- tute the high school board. They shall be entitled to their actual neces- sary expenses, but no compensation. (2888) 277. Same; powers and*~clulies — The board shall establish rules relat- ing to examinations, reports, acceptances of schools, and courses of study, and other proceedings in connection with high and graded schools applying for special state aid, and shall prescribe and enforce the maintenance of an optional English or business course, as equivalent to the preparatory col- legiate course; but the school board of any district may substitute any proper studies in place of any studies embraced in such course. Provided, that the privileges of the state high school board examinations shall be ex- tended, under the supervision of the board, to the private schools and academies in this state which make application therefor, and the courses of study and requirements for graduation of which correspond in general to that of state high schools, and which said private schools and academies so desiring such privilege shall submit to the same rules and inspection with respect to these examinations as may be provided for state high schools. (2889) SCHOOL ADMINISTRATION. 81 278. Same; records and reports — It shall keep a record of all Its pro- ceedings, and on or before September 1 shall make a report to the state puperintendent covering the previous year, and showing in detail: 1. All receipts and disbursements, with the source and nature thereof. 2. The names and number of schools of each grade receiving aid, ond the number of pupils attending each class therein. To such report it may add such recommendations as It may deem best. (2890) 279. Same; to appoint school inspectors and examiners — It shall ap- point a high school and a graded school inspector, and such assistant in- spectors and examiners as may be necessary, and fix their compensation; but no person receiving a salary from a state institution shall receive any compensation under this section, and the pay of examiners shall not exceed three dollars per day, or fifty cents per hour. (2891) 280. Duties of inspectors and assistants— The high school inspector or an assistant shall visit and examine each high school at least once in each year, and carefully inspect its instruction and discipline, and immediately make a written report thereon. The graded school inspector and his assist- ants shall perform like duties in respect of graded schools. (2892) 281. When county superintendents may make inspection — Upon written application, such board shall empower any county superintendent to make like examinations of schools in his county other than high and graded. He shall hold the same relation to the board as the principal or superintendent of schools under its supervision, and shall establish a regular and orderly course of study, meeting the requirements of such examinations and tests. Such course shall include all the branches required for a second grade cer- tificate, and such others as may be taught in the schools under his super- vision. (2893) 282. Assistants for high school board examination — He may appoint assistants, not to exceed one for each township, and shall designate the points at which such examinations are to be held, not to exceed one for each township. The assistants shall report the result of the examinations to him, and he shall in like manner report to the board. Such assistants shall be paid by the county at the rate of three dollars per day for the time neces- sarily occupied in such examinations. (2894) 283. Investment of state school funds — There are hereby annually ap- propriated for the purpose of investment all moneys received into the state treasury to the credit of the permanent school fund, permanent university fund, internal improvement land fund, and all other funds required to be invested in securities, or which may be loaned as provided by law. (5246) 284. Same; expenses of — There are hereby annually appropriated such sums as shall be found necessary for the incidental expenses of purchase, including the payment of interest accrued at the time of purchase, of bonds for the permanent school and university funds, payable from the current or general school and university funds, respectively, and for like expenses of the purchase of bonds for the other permanent funds referred to in section 2436, payable from the respective cui-rent or general funds. (5247) 285. Powers of state board of health and school boards — As to the power of the state board of health as to the construction and equipment of schools in respect to sanitary conditions; the furnishing of vaccine matter; the assembling during epidemics of smallpox with other persons not vac- cinated; and as to the power of school boards compelling the vaccination of children or excluding them from school during epidemics of smallpox, see 4640 General Statutes 1913. 82 SCHOOL ADMINISTRATION. In the absencp of a statute makinp vaccination a condition precedent to the right of children to attend school, a rule of the state board of health which has general supervision over public health, making a certificate of vaccination a con- dition of the right of children to attend the public schools, cannot be sustained as an exercise of police power; and such a rule, made when there is no epidemic of smallpox and no reasonable apprehension that the disease may become pre- valent, is unconstitutional and void. — Supreme Court of Wis., 70 N. \V. Rep. 347. A general grant of power in l)road and comprehensive terms to make rules for the preservation of public health, vests in the authorities to whom it is granted power to enforce, in cases of emergency, rendering it necessary in the interests of public health and for the prevention of smallpox, a regulation requir- ing cliildren to be \accinated a« a condition to thfir admission to the public schools.— 86 M. 353. 286. Use of basement rooms for graded school purposes prohibited — It shall be unlawful for any scliool board of any public school in any city having a population of twenty thou.^and or more inhabitants to maintain or allow any basement room to be used for grade school purposes, except rooms used exclusively for the purpose of teaching domestic science, manual train- ing or physical culture: provided, however, that two basement rooms, during the year 1910, and one basement room, during the years 1911-1912, may be used in any one building. (2912) 287. Same; basement room defined — For the purpose of this act a base- ment room shall mean any room the floor of which is below the surface of the surrounding ground on all sides of said room. (2913) PART IV. TEACHERS. (Jt'ALTFICATIOX AND TRAINING. 288. Qualified teachers — A qualified teacher is one holding a certificate or license to teach, as hereinafter provided, in the school or grade for w^hich he is employed. Contracts for teaching can only be made with qualified teachers. Contracts made with persons before obtaining such certificates or licenses shall only be valid from the time of obtaining the proper certifi- cate or license. (2829) A contract by a district to hire a teacher who has not procured the required certificate is void.— 12 M. 44S (Gil. 337). As to contracts to teach and qualifications for inaking such contracts, see sec- tion 325 and annotations. 289. Same; who are not — No person shall be accounted a qualified teacher in any common school district within the meaning of the school law, until such person has filed for record with the county superintendent of schools of the county wiiere such person intends to teach, a certificate or diploma or certified copy of either authorizing such person to teach school in such county. (2830) 290. Professional training — From and after August 1, 1915, all candi- dates for teacher's certificates by examination, renewal or endorsement of credentials, except those w-ho have taught successfully for at least eighteen months in the public schools prior to such date, or those receiving either a second grade or a limited certificate, must have completed such a course of professional training for teaching not exceeding thirty-six weeks, as may be prescribed by the state superintendent. Training courses in the state university, in state normal schools, in state high schools, or in private schools fully and fairly the equivalent of those given in state schools and approved by the said superintendent shall be accepted as meeting the requirements for teachers training under this section. (2864) 291. Instrumentalities of training — For the special training of teachers for the public schools, there are established: (1) teachers' institutes; (2) training schools; (3) normal schools. (2961) SCHOOL, ADMINISTRATION. B3 292. Institutes — Duty of state superintendent — The state superintendent shall provide for teachers' institutes and training schools in the several counties of the state, for the instruction and training of teachers in pro- fessional and academic work. He shall designate the county or counties for which such institute or training school is to be held, and the time and place of holding the same, and assign instructors and lecturers therefor. Each institute shall continue for at least four days, and each training school not less than four nor more than six weeks. (2962) 293. Same; duties of county superintendents — The superintendent of each county for which such institute or school is appointed shall give notice thereof to the teachers of his county, and shall attend and take part in the exercise, and make necessary arrangements therefor. (2963) 293 1^. Same; use of school houses — The school board of any district in which any institute or training school is held shall allow the free use of any school house or schoolrooms for that purpose, upon ten days' notice of selection from the county superintendent: Provided, that such use shall not interfere with the sessions of school. (2964) The county superintendent cannot arbitrarily designate any school house or room he sees fit for the examination of teachers; but he has a right of selection in the first instance, and when the school officers receive notice from him of such selection, if there are good reasons why they cannot grant him the use of the room selected, they must set apart for him a suitable room in a school house of the district. The burden, in case of controversy, is upon the school of- ficers to show compliance in good faitli with the statute. — 73 M. 37.5. 294. Same; county appropriations for — The county board of any county for which such institute or training school is appointed may appropriate therefor out of the county revenue fund a reasonable sum, to be expended by the county superintendent. Within one week after the close of such institute or school the superintendent shall pay into the county treasury any unused part of such appropriation, and shall file with the county auditor an itemized statement of the disbursements thereof with proper vouchers. (2965) 295. Same; schools may be closed during — Any teacher may close his school for the purpose of attending any institute appointed for his county, and he shall be allowed to make up the time so lost upon presenting to the clerk of the district a certificate, signed by the county superintendent, at- testing said teacher's attendance at the institute. (2966) A li-acher vvno aliends tiie fntiie term of an institute is entitled xo i)ay for tiie t:nu; her fc'Kol \v is closeil on account ot such attendance: ar.d it i'^ Vi it iiec'.-ssa;'y fcr ht-r to ir.alelled to make up time lost by reason of an epidemic of disease, and the board cannot refust. to pay them for such lost time; but if the teachers voluntarily acquiesce in an arrangement of the board to make up the lost time, they cannot demand extra pay. — Young, page 204. The bo.ird of a common school dis'rict cannot bind the district by a oontract with a tenrher for more than six months; but a contract for a longer period will be valid for such five (now six) months, but not for the excess, unless It be ratified by the district at a valid meeting. Where the teacher is hired veruially at the meeting of the board, called for that purpose, but the contract Is not reduced to writing and signed until after- ward, the contract is valid under section 1344, R. L. SCHOOL ADMINISTRATION. 89 A contract made with a teacher who holds a valid certificate, but who hai not filed it for record at the time the contract Is made, and who files it after- ward, is valid under chapter 137, Laws 1905. However, if the board should, during the tnter\'al between such contract and ihe filing of such certificate, employ an- other teacher who has filed her certificate, the latter would prevail. However, teachers should file their certificates before entering into contracts. — Young, Juno, 1906. A school board having voted to hire a teacher, a member who has voted on the question can change his vote at the next regular or special meeting of the board, the meeting being regularly called, and the matter being properly before it, providing that no written contract has been made and entered into between the district and a qualified teacher. In othei- words, if the district as such is not bound by the previous action and a valid contract entered into, there can be no objection to a reconsideration. — Simpson, March 11, 1909. The board of a common district may. prior to the annual meeting, employ a teacher for the ensuing year and bind the district for the legal six months and for such further time as shall be fixed by the electors at such meeting. — 93 M. 411. A qualified teacher hired at a meeting of the board, properly called for that purpose, whose contract is signed by two members of the board, has a legal teacher's contract. — Simpson, March 30, 1909. In the absence of an express provision in the contract with a teacher, so specifying, it is not obligatory upon the teacher to do the janitor work of the school hotise. — Simpson, January 6, 1910. It is the duty of the school board to see that all necessary matters are at- tended to, in order that the schools of the district may accomplish the purpose for which they are instituted, under the general power vested in the board, and where the matter is not mentioned in the teacher's contract, and there has been no oral understanding that tlie teacher should act as janitor, it is the imperative duty of the board to furnish a janitor to sweep the school rooms, build the fires, and keep the rooms in suitable condition for school purposes. — Simpson, Decem- ber 3, 1909. The statute provides that (section 1344, R. L.. 1905) "No teacher related by blood or marriage to a trustee shall be employed, except by a unanimous vote of the full board." Therefore, every member of the board must vote in favor of thp pmploympnt of s\ich a teacher, to make the contract of employment valid, and If a member of the board attends the meeting and does not vote, or is not present at the meeting, and consequently does not vote in favor of the employ- ment, the contract would not be legal, and if a teacher related, by blood or mar- riage, to a trustee, has a contract, where the employment has not been voted for by each member of the board, even though the teacher should actually ren- der services in teaching, he could not collect pay for the same. — Young, Septem- ber 8, 1908. If, in the exercise of sound judgment and discretion, a school board determines that indulging in certain pastimes outside of school hours, by teachers, is detri- mental to the work of the school, it will be competent for the board to make a rule forbidding such indulgence, on evenings succeeding school days. If, under all the facts and circumstances, such a rule and regulation is a reasonable one, and the action of a teacher in violating such rule is detrimental to the best interests of the school, then such failure to comply with the rule and regulation would be a cause for removal of such teacher, though the question, in each particular case, as to the reasonableness of the rule, might ultimately have to be passed upon by the court. — Simpson, November 4, 1909. School boards and boards of education in independent districts have the right to grant their teachers permission to close their schools without loss of pay, for the purpose of attending a state teacher's convention. — Simpson, May 8, 1909. The statute contemplates the payment of teachers' wages at the end of each month's services, and there is no authority for a school board retaining the monthly wages of teachers two weeks after the end of the month. — Simpson, October 6. 1909. Section 4237, R. L. 1905, provides that "The salary or wages of any officer or person employed by a county, town, city, village or school district, or by any department thereof, shall be liable to garnishment, attachment and execution except as exempted by law." — Simpson, February 25, 1909. A contract for hiring with a teacher must be made in writing at a meeting of the board called for that purpose. At such meeting, the action of two mem- bers is sufficient, except with teachers related by blood or marriage to a mem- ber of the board. ( , 1913.) Teachers related by blood or marriage to a member of the board can be em- ployed only upon unanimous vote of the full board by a contract in writing which shall specify the time of employment and the wages per month. ( 1913.) A school district cannot employ a teacher, as such, except one qualified ac- cording to law; but there is no objection to the employment of a person who Is a student In a normal deparment as assistant to a qualified teacher, provided here are sufficient funds for the purpose and the necessities of the situation reasonably justify such an expenditure. (Smith, January 25, 1915.) There is nothing in the law preventing the employment of a married person as teacher or to prevent one already employed from marrying while acting as teacher under contract; and a teacher otherwise qualified and who holds a legal contract cannot be forced to resign because of being married. (Smith, October 9. 1914.) 90 SCHOOL ADMINISTRATION. 326. To keep registers— Every teacher sluill keep a register, furnished by the clerk, sliowinf; tlie daily attendance of each pupil, and such other matter.s as may be required in such register. He shall also keep such rec- ord of deportment and scholarship as may be required by the board. The register shall show the names and ages of all pupils, the names and num- ber of days' attendance of all pupils between the ages of five and eight years, between eight and fifteen years, and between fifteen and twenty-one years, and the names of all paying tuition. In common districts the teacher shall return such register properly kept to the clerk within ten days after the close of the first term of the school year. (2833) 327. To report to county superintendent —Such teacher shall, within the same time, make his report to the county superintendent upon blanks fur- nished by the superintendent through the clerk, giving the names in full of all pupils enrolled and the number of days' attendance of each, checking with a full report of names of all under five, over twenty-one, or paying tuition, and all names so checked shall not be counted for apportionTiiont. Within like time after the close of each succeeding term, he shall make a further report, showing in like manner all additional enrollments daring such term, the number of days that each pupil has attended in such term, and such other matters as may be called for in the blanks. The superin- tendent shall receipt for such reports. No order shall be issued for the payment of the wages of any teacher while he is in default in making such reports or in returning his register. In joint districts a report shall be made to the superintendent of each county showing county in which each pupil resides. Teachers and principals in other districts shall make such report as mav be required bv law or the rules of the board under like apneal. (2834) 328. State teacher's employment bureau — There is hereby established a bureau for the purpose of securing employment for teachers in the public schools in this state, to be known as the State Teachers' Employment Bureau, and to be maintained in connection with the department of public instruction, under the direction of the superintendent of public instruction, as hereinafter provided. (2865) 329. Same; who shall be entitled to enrollment — Any person having a certificate to teach in this state, or who has completed a course of study as required for the issuance of a certificate, or who may be found entitled to receive such certificate, and who is deemed to be a fit and capable person for teaching, shall be entitled to enroll with said State Teachers' Employ- ment Bureau upon complying with the regulations hereinafter referred to, and upon the payment of an annual fee of three (3) dollars, which fee shall entitle the person so enrolled, to the privileges and services of said bureau for the term of one vear from the date of filing of enrollment and receipt of fee. (2866) 330. Same; purpose of, to furnish information-It shall be the purpose of the State Teachers' Employment Bureau to furnish information to boards, superintendents, principals, or other proper authorities of public schools, upon request, regarding teachers, and to furnish teachers enrolled with the bureau, information relative to vacancies in positions in public schools; but no person connected with the State Teachers' Employment Bureau shall be held responsible for nor be understood to vouch for the fitness or success of any teacher who may secure a position in a public school through the said bureau, nor shall the acceptance of the enrollment and payment of the annual fee be construed as a guaranty for securing through the bureau em- ployment to teach. (2867) 331. Same; director, duties — The superintendent of public instruction shall appoint a person who shall be known as the director of the State Teachers' Employment Bureau, who shall perform his duties under the gen- eral supervision of said superintendent, and serve during his pleasure, and 1 SCHOOL ADMINISTRATION. 01 who shall be furnished necessary office rooms in the .state capitol. The superintendent of public instruction may appoint such clerical and other as- sistants as may be required to carry out the purposes of this act, but the expense therefor shall not exceed the moneys appropriated therefor. Said superintendent shall be charged ■with the general niana2;ement and control of said Teachers' Employment Bureau, and shall make the necessary rules and regulations for conducting its affairs and for the obtaining of informa- tion as to the experience, qualificatioin and character of persons seeking em- ployment. He shall collect and receipt for all fees provided for in this act, and report and pay said fees to the state treasurer once in each month. He shall furnish to the state a surety bond in sum to be fixed by the governor and state auditor, the cost thereof to be paid for from the funds ai)propriiited for the bureau. (2868) STATE TEACHERS' INSURANCE AND RETIREMENT FUND. 332. Pensions and annuities for teachers; definition of terms — The word teacher as used in this act shall include any teacher, supervisor, principal, superintendent, or certified librarian employed in any educational or admin- istrative capacity in the public schools of Minnesota, or in any educational, correctional, or charitable institution supported wholly or in part by this state, excepting those employed in the University of Minnesota. The term "member of the Fund Association," wherever used in this act, shall mean and include every teacher (as herein defined), Avho shall contribute to the Teach- ers' Insurance and Retirement Fund by the payment of the dues hereinafter provided by this act. (Sec. 1, c. 199, Laws 1915) 333. Same; state fund for, sources of — For the purpose of better com- pensating the teachers in the public schools and making the occupation of "teacher" in this state more attractive to qualified persons, there is hereby established for the state a fund to be known as the "Teachers' Insurance and Retirement Fund," for the benefit of teachers who have served not less than twenty (20) years except as hereinafter provided. Said fund shall be secured from the following sources: First. From assessments on the members of the fund association ac- cording to the following schedule: For the first five years of teaching service, f.'i.OO per year; For the second five years, $10.00 per year; For the next ten years, $20.00 per year; For the next five years, $30,00 per year; provided that when the regular annual salary as teacher of any member of the fund association shall have reached $1,500 or more said member shall be assessed upon a percentage basis as follows: One and one-half (l^i:) per centum per annum, but not more than twenty (20) dollars per year for the first ten years of service as a teacher; and two (2) per centum per annum but not more than forty (40) dollars per year for each successive year of service as teacher; provided thatin no case shall the annual assessments based on a percentage rate be less for any year than the flat rate assess- ments for a single year of the corresponding period, said assessment period to cover not more than twenty-five (25) years in all, after which all assess- ments shall cease. Second. From all money and property received as donations, gifts, legacies, devises, bequests or otherwise, for the benefit of said Teachers' Insurance and Retirement Fund. Third. From all interest arising from investments of the money belong- ing to said fund. Fourth. From a tax of one-twentieth (1-20) of one mill which is hereby levied annually on all the taxable property located in that part of the state subject to the provisions of this act, after the valuation of said property has been equalized by the state: said tax to be collected by the same officials 92 SCHOOL ADMINISTRATION and at thfe same time and In the same manner as other taxes in said state, all moneys received from the tax hereby levied to be paid into and become a part of the said Teachers' Insurance and Retirement Fund. The assessments upon the members of the fund association hereinbefore referred to shall be paid in as many equal monthly payments as there are months in the school year for which the teachers' salaries are paid, and such assessments shall be deducted by the several boards of education or manag- ing bodies from the salaries of teachers as hereinatfer provided. Credit on period of service may be allowed to applicants for member- ship for periods of employment prior to the taking effect of this law; but in such case the applicant nmst pay arrearages at the above rates for the period of service for which credit is so allowed under rules to be adopted by the board of trustees, hereinafter referred to, and the rules adopted by said board shall be uniform in their operation as to all persons affected. In case any teacher has retired for any cause before he or she has paid in fees a sum equal to the full amount of fees required for the annuity applied for and to which such teacher is entitled by period of service, there shall be deducted from the first year's annuity to such teacher such sum as will make the total amount paid by said teacher equal to the full amount of said fees. (Sec. 2, 0. 199, Laws 1915) 334. Same; contributions from teachers — How paid and collected — It is hereby made the duty of each board of education or managing body re- quired by law to draw the warrants or orders for payment of salaries of teachers to deduct and withhold from each month's salary due to such teach- er the amount which such teacher is required to pay into said insurance and retirement fund as herein specified, and at the time of such deduction a statement showing the amount of such deductions shall be furnished to such teacher. Such board of education or other managing body shall, between the first and fifteenth of January and between the first and fifteenth of July of each year, forward to the treasurer of the county in which such school district is situated a statement, verified by the secretary or clerk thereof, showing the amount of money so retained from each teacher in accordance with the provisions of this act, and w^ith said statement shall transmit the entire amount so retained to the treasurer of said county: and in case any school district is situated in more than one county such report and remittance shall be sent to the senior county. Said board of education or other managing body shall also, on or before the fifteenth day of July of each year, trans- mit to the county superintendent a statement showing the name of each teacher, the number of months of school taught during the year for which the statement is made, the number of months which constitute a school year in said district or institution, and the total amount withheld from the salary of each teacher for the school year preceding, showing also the num- ber of years each of said teachers has taught in the public schools of that district. If no teacher in such public school or other educational institution comes under the provisions of this act, said report shall state such fact and shall be verified by the oath of the clerk or secretary. The failure of any member of a school board, board of education or other body having the man- agement of any educational institution to perform any of the duties herein required of them shall be a misdemeanor. Each county superintendent shall each year, on or before the first day of September, report under oath to the board of trustees of the State Teach- ers' Insurance and Retirement Fund, giving an itemized summary of the statements received by him from the school boards and other educational managing bodies, showing the total amount withheld from the salaries of teachers in said county for the benefit of said Insurance and retirement fund. Between the fifteenth and thirtieth day of January and between the fifteenth ' and thirtieth day of July of each year, the county treasurer of each county shall transmit to the state treasurer all moneys received from the boards of education or other managing bodies of school districts or other educational SCHOOLf ADMINISTRATION. 93 institutions, in accordance with the provisions of this act, and shall certify under oath to the correctness of the amount so received and transmitted. The state treasurer shall credit all moneys received under the provisions of this act to the State Teachers' Insurance and Retirement Fund. Provided, however, that the state treasurer, the several countv treas- urers and the treasurers of the various school districts shall be officially liable for the receipt, handling and disbursement of all moneys coming into their hands belonging to the said State Teachers' Insurance and Retirement Fund, and the securities on the official bonds of each of said treasurers shall be liable for such money the same as for all other moneys belonging to the school funds of this state. (Sec. 3, c. 199, Laws 1915) 335. Same; management of fund, board of trustees, powers of — The management of the fund shall be vested in a board of five (5) trustees, which shall be known as the "Board of Trustees of the Teachers' Insurance and Retirement Fund." Said board shall be composed of the following per- sons: The state superintendent of education, the state auditor, the attorney general and two (2) members of the fund association, who shall be elected by the members of the fund association at the time and place of the annual meeting of the Minnesota Educational Association and shall serve for the term of two years beginning on the first Monday of January next succeeding their election, except in the case of the first elective members, who shall assume office immediately after their felction and srve one for one year and one for two years from the first Monday of January nevt succeeding their election and until their successors are elected. Vacancies in the elective mem- bership of the board shall be filled by appointment by said board of trus- tees, the appointee to serve until the next meeting of the fund association, whwen the members of said fund association shall elect a trustee or trustees to srve for the unexpired term or terms. No person shall be appointed by the board of trustees or elected by the members of the fund association as a member of the boai'd of trustees who is not a member of the fund asso- ciation at the time of the appointment or election. In the interval between the passage of this act and the time when the first elective members of the board of trustees shall assume office, as here- inbefore provided, the superintendent of education, the state auditor and the attorney general shall constitute a temporary board of trustees of the Teachers' Insurance and Retirement Fund and shall be empowered to per- form the duties of said board. Said board of trustees shall have power to frame by-laws for its own government, not inconsistent with the laws of the state, and to modify them at pleasure; to elect one of its own members as president of the board and to provide and enforce all rules and regulations necessary to carry into ef- fect the provisions of this act; to elect a secretary, who shall serve during the pleasure of the board, and to fix the salary and prescribe the duties of the office of secretary; to authorize the issuance of warrants by the state auditor on the state treasurer, for the payment out of said fund of all annuities or benefits payable under the provisions of this act, of the salary of the secretary, and other necessary expenses. All applications for annuities or benefits under this act must be made to said board. In passing upon said applications, said board may summon witnesses and, in the ca.'^e of applications founded on disability, may re- quire any applicant to submit to a medical examination at his or her own expense, and, in the case of all applicants, may conduct any reasonable in- vestigation to determine the justice of any claim submitted. It may sue or be sued in the riame of the board of trustees of the Teachers' Insurance and Retirement Fund, and, in all actions brought by or against it, said board shall be represented by the attorney general. Said board shall constitute a part of the state government, but in any action brought against it by any person claiming to be a beneficiary of said Teachers' Insurance and Retire- ment fund it shall not claim immunity from suit. 94 SCHOOL ADMINISTRATION. It shall be the duty of said board to invest as mucli of the funds in its hands as shall not be needed for current purposes. Such investments shall be made in the same class of securities as those in which the school funds of the state are required to be invested, and all securities taken upon such investments shall be deposited with the state treasurer; but in case of ne- cessity such securities may be sold in order to raise money for current pur- poses. No such sale shall be made except by the unanimous vote of said board, such vote to be entered upon the records of its proceedinss. All in- terest obtained from such investments shall be placed in the general fund, to be used for current purposes. A suitable office in the capitol, with suit- able furniture and necessary office supplies, shall be provided by the proper state officer for the use of said board of trustees. (Sec. 4, c. 199, Laws 1915) 336. Same; meetings of board of trustees, compensation and expenses of — The board of trustees shall meet annually at the office of the secretary, in the state capitol, on the second Saturday in September at an hour to be fixed by the board. Special meetings may be held at any time on the call of the president of said board or by any three members thereof. The state auditor, state superintendent of education and attorney general shall serve as members of said board without additional compensation, but the elective members of said board shall be entitled to compensaiton at the rate of five dollars per day and necessary expenses, while attending all meetings of said board, to be paid out of the insurance and retirement fund. (Sec. 5, c. 199, Laws 1915.) 337. Same; fiscal year, reports of trustees and publication of — The fis- cal year of the insurance and retirement fund shall begin on the first day of August and shall end on the thirty-first day of July. The board of trus- tees shall present annually to the fund association at its annual meeting hereinafter provided for, a report of the condition of said funds for the last preceding year, which shall include the receipts and expenditures on ac- count of the fund, together with a list of the beneficiaries thereof and of the securities in which said fund is invested. A copy of said report shall be sent to the governor, a copy shall be retained by the state superintendent of education, and a copy sent to each county superintendent, city superin- tendent, graded school principal, and the superintendent or president of each state educational institution. This report shall be published in the biennial report of the state superintendent of education. (Sec. 6, c. 199, Laws 1915.) 338. Same; state treasurer to be treasurer of fund, duties of— The treas- urer of the state shall be ex-officio treasurer of the Teachers' Insurance and Retirement Fund, and his general bond to the state shall cover any liabilities for his acts as treasurer of said fund. He shall receive all moneys payable to said fund and pay out the same only on warrants issued by the state auditor upon vouchers signed by the president and secretary of the board of trustees. Said treasurer shall give receipts for all moneys received by him for said fund, shall keep full and correct account of the financial trans- actions connected therewith, and shall make an annual report to the board of trustees at its annual meeting of the receipts and disbursements and other financial transactions connected with said fund. (Sec. 7, c. 199, Laws 1915) 339. Same; membership and conditions thereof — Any person em- ployed as teacher, when this act takes effect, in any public school in this state or in any other educational institution included in section one of this act shall be permitted to become a member of the fund association and to ,-eceive the benefits of this act, if application be made, in writing to the board of trustees of the Teachers' Insurance and Retirement Fund on or before September 1, 1917. At the time of making application to the board of trustees as herein provided, such teachers shall notify the local school board or managing body of the institution in which he or she is employed, in writing, of his or her election to come within the provisions of this act and shall authorize said board or managing body as a 'part of said notice to SCHOOL ADMINISTRATION. 95 deduct or withhold on every pay day from his or her sahiry the amount which he or she would pay into the fund, as specified in section two. Any person who shall accept employment in this state as a teacher, as hereinabove defined after September 1, 1915, and who shall not have been employed in this state at the time this act takes effect shall by virtue of the acceptance of such employment become subject to all terms, provis- ions, and conditions of this act, and shall become a member of the fund association. (Sec. 8, c. 199, Laws 1915) 340. Same; annuities, schedule and payment of — Any member of the fund association who shall have rendered twenty (20) years or more of service as a teacher in the public schools, one year of which may have been a leave of absence for study, and at least fifteen years of which, including the last five immediately ])receding the term of retirement, have been spent in the public schools of this state and who ceases to be em- ployed as a teacher for any reason shall be retired at his or her own re- quest by the board of trustees and receive an annuity in accordance with the following schedule: For 20 years of service $350.00 For 21 years of service 380.00 For 22 years of service 410.00 For 23 years of service 440.00 For 24 years of service 470.00 For 25 years of service 500.00 In computing the time of service of a teacher, the length of the legal school year in the district or institution where such service was rendered shall constitute a year, provided such year shall not be less than seven months. In a calendar year credit shall be allowed for only one year of service. If a teacher teaches for only a fractional part of any year, credit shall be given for such fractional part of a year as the term of service rendered shall bear to the legal school year of such district or institution, but in no case shall the legal year be less than seven months. Such annuities shall be paid quarterly. Any teacher who shall become mentally or physically incapacitated after having served as teacher for fifteen (15) years, ten (10) of which shall have been in this state shall be entitled to receive an annual benefit from the insurance and retirement fund equal to as many twentieths of the full an- nuity for twenty (20) years as the term of total service rendered by such teacher bears to twenty (20) years. Any person retiring under the provisions of this section may return to the work of teaching in said public schools, but during said term of teaching Ihe annuity or benefit paid to such person shall cease. Said annuity shall again be paid to such person upon his or her further retirement. (Sec. 9, c. 199, Laws 1915) 341. Same; refundment on termination of membership, conditions of — In the event that any member of the fund association ceases to be a teacher in the state and thereby terminates membership in the fund association before drawing an annuity, such member shall, if application be made in writ- ing to the board of trustees within six months after his or her resignation, be entitled to the return out of the fund without interest of such sum as shall equal one-half of all moneys paid into the fund by such teacher; provid- ed further, that, in the event such teacher subsequently returns to teaching in Minnesota and thereby becomes a member of said association, such teacher shall be required to refund to said insurance and retirement fund the amount so drawn with interest thereon at the rate of five per cent per annum, such sum to be refunded within one year from his or her return. In case of the death of any member of this fund association before an an- nuity shall have been drawn from said fund, the board of trustees shall re- fund to his or her estate, heirs, or assigns an amount equal to one-half that annuity paid into the fund by said member. (Sec. 10, c. 199, Laws 1915) 96 STATE UNIVERSITT. 342. Same; annuities not subject to legal process — The annuity so created shall not be subject to assiKiinient or seizure on legal process against and beneliciary. (Sec. 11, c. 199, Laws 1915) 343. Same; reduction of annuities, when and how effected — The board of trustees may ratably reduce the annuities provided in this act whenever, in the judgment of the board, the condition of the fund shall require such reduction. (Sec. 12, c. 199, Laws 1915) 344. Same; when and how annuities may be granted — Annuities may be granted by the board of trustees at any time alter the passage of this act, such annuities beginning at the date on which the grant is made, but no pavments shall be made before September 1, 1916. (Sec. 13, c. 199, Laws 1915) 345. Same; elections of two members of trustees by teachers — At the time and place of the meeting of the Minnesota Educational Association m 1915, those teachers who have qualified as members of the fund association by complying with the provisions of section 8, of this act shall meet at the call of the state superintendent of education for the purpose of electing from said members of the fund association two members of the board of trustee.? of the Teachers' Insurance and Retirement Fund, as hereinbefore provided, and annually thereafter at the time and place of the annual meeting of the Minnesota Educational Association the board of trustees sh^^ill call a meeting of the members of the fund association for the purpose of electing one or more members, as may be required, of said board of trustees, and hearing the annual report of said board, and of transacting any other business that may properly come before said meeting. (Sec. 14, c. 199, Laws 1915) 346. Same; act not to apply to certain cities — This act shall not apply to any city of the first class in this state. (Sec. 15, c. 199, Laws 1915) TEACHERS' RETIREMENT FUND ASSOCIATIONS. 347. Note — The new law of 1915 relating to State Teachers' Insurance and Retirement Fund, being chapter 199 of Laws of 1915 and sections 332 to 346 inclusive of this compilation, neither repeals nor affects the prior law relating to Teachers' Retirement Fund Associations in cities of more than ten thousand population, being chapter 343, Laws of 1909 as amended by chapter 338, Laws of 1911, and sections 1422 to 1430, general statutes of 1913. The latter law is omitted from this compilation for the reason that asso- ciations under it have been formed only in two or three of the larger cities and are not likely to be formed elsew^here hereafter. For the old law see sections 1422 to 1430, general statutes of 1913. CHAPTER XIII. STATE UNIVERSITY. 348. Board of regents — The government and general educational man- agement of the state university is vested in a board of twelve regents, consisting of the governor, the state superintendent, the president of the university, ex-officio, and nine other regents appointed by the governor by and with the advice and consent of the senate. Such board shall be a body corporate under the name of the University of Minnesota. It shall have a common seal and alter the same at pleasure. (3010) The board of regent.s of the university cannot make promissory notes in the commercial sense, but may make contracts for erecting buildings and give written evidence of debt Incurred therein, payable at a future day, out of the fund pro- vided by the legislature; and judgments may be brought against the board for such debts, but such Judgments tilnd only the fund on the faith of which the credit was given. All per.eons dealing with the regents must take notice of their powers. The title to all lands reserved by congress for the use and support of the university, and of all property, real and personal, acquired by the regents, with the fund placed at their disposal, Is In the state. — 7 M. CI (Gil. 45). STATE UNrVERSITY. 97 University of Minnesota — The board of regents of liie Buite university are by section 4, article 8, of tlie constitution, and by section 1470, H. L. IKOa, constituted a body corporate under tlie name of tlie University of Minnesota. Board of Regents— Such board is by law exclusively vested with the manage- ment of all the educational affairs of the Institution, and the courts of the state have no jurisdiction to control its discretion; but, If the board refuses to per- form any of the duties imposed upon It by law, mandamus will lie to compel it to act. 349. Same; term of office — Vacancies — The term of office of the vegenis shall be six years, and until their successors qualify, beginning on the first Wednesday in March succeeding their appointment. Any appointment to fill a vacancy shall be for the unexpired term. (3011) 350. Same; organization — The board shall elect one of its member.s as president, and also a recording secretary and treasurer, neither of whom may be a regent, and in its discretion it may elect a vice president. They shall hold office during the pleasure of the board. The annual meeting shall be held on the second Tuesday in December. Such special meetings may be held as the board may direct. Before entering upon the duties of his office, the president shall file with the secretary of state a bond to the state in the sum of ten thousand dollars, and the treasurer a bond in the sum of fifty thousand dollars, both to be approved by the governor, con- ditioned for the faithful performance of the duties of their respective offices. (3012) 351. Same; powers and duties — The board shall enact by-laws for the educational government of the university, and shall elect proper professors. Including a professor in Scandinavian language and literature, teachers, offi- cers and employes, and fix their salaries and terms of office, determine the moral and educational qualifications of applicants for admission, prescribe text-books and authorities and courses of study, and, in their discretion, con- fer such degrees and diplomas as are usual in universities. It shall have supervision and control of the agricultural experiment station, and of the experimental tree station, and, with the advice of the president and sec- retary of the state, horticultural society, shall appoint a superintendent of such tree station, who shall report to the board as It may direct, and to such society annually in person at its winter meeting. (3013) 352. Same; to report to governor— On or before the second Tuesday in December, the board shall make an annual report to the governor, showing in detail the progress and condition of the university during the preceding university year, its wants, the nature, cost, and result of all improvements, experiments and investigations, the number and names of professors, teach- ers, and students in each department, the amount of money received and disbursed, and such other matters, including industrial and economic stat- istics, as it may deem important. A copy of such report shall be trans- mitted to each college or university endow^ed by act of congress, and to the secretary of the interior. (3016) 353. Same; power to accept bequests, etc.— The University of Minne- sota may accept, in trust or otherwise, any gift, grant, bequest, or devise for educational purposes, and may hold, manage, invest, and dispose of the same, and the proceeds and income thereof, in accordance with the terms and conditions of such gift, grant, bequest, or devise, and of the acceptance thereof; and any person or persons contributing not less than fifty thousand dollars to the university may endow a professorship therein, the name and object of which shall be determined by the board. (3017) 354. Purchasing agent; powers and duties— The president of the board of regents by and with the consent and approval of the members of said board, shall appoint a purchasing agent, whose duties shall be as herein provided for and whose compensation shall be fixed by the said board of regents and paid out of the funds provided for the maintenance of said university. The said purchasing agent shall attend to the purchasing of all necessary supplies for the several departments of the state university. Pre- 98 STATE UNIVERSITY. vious to the termination of each quarterly period of the year the dean or other execuitve head of each of the several departments of the state univer- sity shall prepare estimates in detail of all the supplies required for such department for the ensuing quaiterly period. Prior to the opening of sucli quarterly period such estimate shall be submitted by the said dean or other executive head of each of said departments to the executive committee of said board of regents, which estimate so submitted shall be carefully ex- amined and, if necessary, revised by said executive committee. Upon the approval of such estimate by such executive committee the same shall be prepared in triplicate, and one of said estimates shall be retained by the said board of regents, and one thereof shall be delivered to and filed with the state auditor of this state. Such estimates bearing such approval shall gov- ern and control said purchasing agent in the purchasing of supplies for the several departments of the state university. No disbursements for such pur- poses shall be made except on the warrant or requisition of said purchasing agent, the said purchasing agent shall give bond in such sum as said board of regents shall require for the faithful and diligent performance of his duties. (3061) 355. Same; to submit statements — Each purchasing agent shall at the close of each month prepare in triplicate statements showing all purchases made by him during said month for the several institutions, the names and addresses of persons from whom said purchases were made and the several prices paid therefor. He shall accompany the same with an affidavit that the statement is correct, that the articles therein specified were duly au- thorized by the proper board upon prepared statements and estimates, were received under his direction at the institution named therein, that the sev- eral prices paid therefor were reasonable, that said goods were of proper and stipulated quality and grade, and that neither he nor any person in his behalf has any pecuniary or other interest in said purchases, or has re- ceived or will receive in any way any pecuniary or other benefit therefrom. He shall also each month prepare in triplicate and cause to be re- ceipted by the signatures of the several parties named therein, payrolls showing the monthly salaries and compensation of all officers, teachers, and employes in said several institutions, and shall file one copy of said state- ment and said payroll with the president of the board of regents or president of the normal school board, as the case may be, and two copies with the state auditor. The auditor upon receiving the same shall draw his warrant upon the state treasurer for the amount called for in each expense list and payroll, and transmit the same to the treasurer, attaching thereto a copy of said expense list and payroll. Upon receipt of the same the treasurer shall send his checks to the several persons named therein for the amount of their respective claims. (3063) 356. Limitation of expenses of board of regents — No member of the board of regents or of the normal school board, and no person in the em- ploy of either board shall be paid for any expense incurred, unless it shall appear that said expense was duly authorized by the executive committee nor the president of the board, and an itemized, verified account of the same, accompanied by sub-vouchers, where said sub-vouchers are practicable, is furnished by the claimant, and filed with the state auditor for his written audit. Such verification shall state that said expense bill is just and cor- rect and for money actually and necessarily paid or to be paid for the pur- poses therein stated. If said expense is to be insurred in visiting another state, then, before said visit is authorized or undertaken, the said executive committee or president must certify, in writing, the purpose of said visit, the necessity existing for the same, and the maximum expense to be in- curred therefor, which certificate must be presented to the governor of the state for his approval. If he does not approve the same, the said visit shall not be undertaken. If the above provisions are complied with, the auditor shall pay such expense account in the same manner as monthly expenses and salaries are paid under the provisions of this act. (3064) STATE UNIVERSlTy. 99 357. Board of regents not to exceed appropriations — It shall be unlawful for the board of regents of the normal school board to permit any expend- itures for any purpose in excess of the amount appropriated or contemplated by law, and any member or agent of either of said boards violating this pro- vision, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or be imprisoned in the county jail for not less than six (6) months, or by both fine and imprisonment. (:-.065) 358. Financial authority of board of control — The board of control shall have and exercise full authority in all financial matters of the several in- stitutions named in this act, so far only as relates to the erection and construction of new buildings, the purchasing of fuel, and the placing of insurance on buildings and contents. When new buildings are to be erected and constructed by authority of the state, it shall be the duty of the board of control to cause to be prepared plans and specifications for the same, but in so doing it shall consult with the local board in respect to said plans and specifications, and shall adopt and carry out so far as it deems practical, their request and desires in the matter. Provided that said state board of control may in its discretion authorize the controlling board of any in- stitution, for which any building is authorized to be constructed, to con- struct such building in case the cost thereof does not exceed the sum of five thousand ($5,000.00) dollars. If such authorization be granted said state board of control shall file its written consent thereto with the state auditor, and thereupon such building may be constructed under the direc- tion of such controlling board. The board shall not let any contract for the erection and construc- tion of new buildings that may hereafter be constructed without first pub- licly advertising for at least two weeks in some legal newspaper published in the county, where the work is to be performed, for separate sealed bids for general construction, plumbing, heating, ventilating work required in the construction of such buildings, and for separate sealed bids covering the entire work required in such construction in which advertisement, the time and place shall be fixed for the opening of such bid, and that all such bids shall be opened publicly, and a record of the same, giving the name of the bidder, the classification of the work or material bid upon, and the amount of the bid, shall be made and filed with the secretary of said board as a public record, and that no such contract shall be made and entered into except with competent and responsible contractors and builders who can furnish a good and sufficient bond as required by law. (3066) 359. University, colleges and departments — The university shall com- prise: (1) A college of science, literature and arts; (2) a college of agri- culture, including military tactics; (3) a college of mechanic arts: (4) a college or department of law; (5) a college or department of medicine; (6) a college or department of dentistry. (3020) 360. Sectarian instruction prohibited — In the selection of professors, instructors, officers and assistants of the university, in the studies and exercises, and in the management and government thereof, no partiality or preference shall be shown on account of political or religious belief or opinion, nor shall anything sectarian be taught therein. (3021) 361. Department of pedagogy — That it shall be the duty of the board of regents to organize and establish in the University of Minnesota as soon as practicable a teacher's college, or department of pedagogy, for the pur- pose of affording proper professional training for those persons who intend to become public and high school instructors, principals and superintend- ents of schools. (3051) 362. School of mines— The following sums are hereby appropriated annually, out of the state treasusry : For the support of the school of mines 100 STATE UNIVERSITY. of the state university, five thousand dollars. For tlie salaries of instructors in said school of mines and for the salary of a professor of electrical engi- neering in said university, forty-five hundred dollars. (3025) 363. Agricultural extension and home education. — The board of regents of the University of Minnesota is hereby authorized and directed to estab- lish a division of agricultural extension and home education in the depart- ment of agriculture of the University of Minnesota. (3027) ;;64. Same; purposes of work — The purpose and work of said division shall be to devise and prescribe comprehensive elementary courses in the various phases of husbandry; to teach such courses to all persons in the state desiring instruction in them, or any of them, in accordance with sec- tions 4 and 5 of this act, by means of correspondence with them at their homes; by providing local lectures, demonstrations, instructions and any information calculated to elevate agriculture to a higher economic and social plane and make country life more attractive and to publish frequent home education bulletins which shall give in plain and practical form the results of the experiments and investigations of the various divisions of the state experiment station and sub-stations of the University of Minnesota and such other information as may be useful in any farm home. (3028) 365. Same; officers of division — That the officers of said division shall be a chief, who shall have general oversight and immediate charge of the work of said division associates consisting of the chiefs of the divisions of investigation and instruction in the department of agriculture of the Univer- sty of Minnesota, who shall serve in an advisory capacity; and editor who shall edit and prepare for publication such material as the chief of the division may direct, and such other faculty, assistants and clerks as may be needed for the greatest usefulness of said division. (3029) 366. Same; free instruction — That all persons who reside in the state of Minnesota shall have the right to take free of charge any courses of in- struction offered in the division of agricultural extension and home educa- tion as provided for in section 2 of this act, and shall be subject to sucn rules and regulations as said division of agriculture extension and home education shall establish under the authority and direction of the board of regents of the University of Minnesota. (3030) 367. Same; bulletins to be issued — The home education bulletins au- thorized by this act shall be sent free to all persons resident within the state who shall request said bulletins to be sent to them. (3031) 368. County agricultural agents — There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of twenty-five thousand (.T25,000) dollars for the fiscal year ending July 31, 1914, and the sum of thirty-five thousand ($35,000) dollars for the year end- ing July 31, 1915, for the purpose of aiding in the maintenance and the pay- ment of the expenses of county agricultural agents. (3043) 369. Same; funds under direction of dean of agricultural college — The moneys so appropriated are to be expended under the direction of the dean of the department of agiiculture of the University of Minnesota, who is hereby empowered to carry out the provisions of this act. (3044) 370. Same; apportionment of funds to counties — The moneys hereby appropriated are to be used in amounts not to exceed one thousand ($1,000) dollars for any one year for any one county in the state and shall be used in counties which first meet the requirements as set forth in this section of this act. To secure this state aid, the county shall have raised locally at least one thousand ($1,000) dollars, for the support of a county agri- cultural agent for one year, and shall give suitable assurance to the dean of the department of agriculture of the University of Minnesota that a like sum will be raised for a second year. Further, each county securing this STATE UNIVERSITY. IQ] aid shall through its board of county commissionera, agree to the employ- ment of an agricultural agent approved by the said dean, and who will meet the requirements of the United States department of agriculture pre- requisite to the giving of aid to said county by the United States depart- ment of agriculture for the employment of a county agricultural agent. (3045) 371. Same; contributions by counties— Each and every county of the- state of Minnesota is hereby authorized and empowered to appropriate an- nually not to exceed one thousand (?1,000) dollars for the maintenance, support and expenses of a county agricultural agent, and said counties are authorized to set apart and appropriate said sum of money subject to the order of the said dean of the department of agriculture of the University of Minnesota, and to be paid upon such order, and only upon such order, for the salaries of said county agricultural agents and such further employes as may be employed by him within the appropriations available and other expenses incident to the work of such agents. (3046) 372. Same; co-ordination of federal and state governments — This ap- propriation and these regulations are made for the purpose of establishing a co-ordination of the work of the federal government, the state and the counties, under the direction of the dean of the department of agriculture of the University of Minnesota, in the matter of employment and main- tenance of county agricultural agents. (3047) 373. President of university; powers and duties — The president of the university shall be president of the general faculty and of the faculties of the several colleges or departments and the executive head of the univer- sity in all its departments. Subject to the board of regents, he shall give general direction to the practical affairs and scientific investigations of the university, and, in the recess of the board, may remove any employe or subordinate officer, not a member of the faculty, and supply for the time any vacancy among such employes and officers. He shall be ex-officio cor- responding secretary of the board of regents and may be charged with the duties of one of the professorships. (3022) 374. Same; reports of — On or before the second Tuesday in December of each year, he shall make a report to the state superintendent, showing in detail the progress and condition of the university during the previous university year, the number of professors and students in each department, and such other matters relating to the educational work of the institution as he shall deem useful, or as the state superintendent may require. He shall also at the same time report to the board of regents the progi'ess and condition of the university during the same time, the nature and results of all important experiments and investigations, and such other matters, in- cluding industrial and economic facts and statistics, as he may deem use- ful, or as such board may require. (3023) 375. Maintenance of university — There is hereby annually appropriated for the general maintenance of the university: 1. The interest and income of the permanent university fund, arising from the sale of lands granted to the state by act of congress entitled "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, or from any other source. 2. The proceeds of twenty-three one-hundredths mills on the dollar of the state school tax. The lands granted by the general government to the state to aid in the development of brines, and known as the state salt lands, and those granted by an act of congress entitled "An act granting lands to the state of Minne- sota in lieu of certain lands heretofore granted to said state," approved 102 STATE NORMAL SCHOOLS. March 3, 1879, and the funds arising from their sale, are hereby appropriated for the completion of the geological and natural history survey. (3024) See sections 48 and 49 as to repeal. 376. Investment of university funds — Bonds to bear not less than three per cent — The permanent school and university funds shall be invested in the bonds of the United States, or in bonds of this or any other state, or in bonds of any school district or county drainage bonds of this state, bear- ing not less than three per cent interest, and in bonds of any county (other than drainage bonds) and in the bonds of any city, town or village of this state, bearing not less than four (4) per cent interest, as provided by law; but no investment shall be made in bonds issued to aid in the construc- tion of any railroad. The governor, treasurer and auditor are hereby con- stituted a board of investment, whose duty it shall be to invest all funds de- rived from the sale of public lands except as otherwise provided by law. The auditor shall be secretary of said board, keep a record of its proceed- ings and publish the same with his annual report. The treasurer shall place on credit of the respective funds the intere.st received on said bonds. They shall not be tranferable except upon the order of the governor and auditor, and on each shall be written "Minnesota School Fund Bond," or "Bond on the University of Minnesota," as the case may require, transferable only upon the order of the governor and state auditor. The auditor shall keep a record showing the name, and amount of each bond, when issued, when redeemable, the rate of interest when and where payable, by whom executed, when purchased, when withdrawn, and for what purpose. (5245) CHAPTER XIV. STATE NORMAL SCHOOLS. 377. Normal schools — The normal schools of the state shall be known as the "Winona State Normal School," the "Mankato State Normal School," the "St. Cloud State Normal School," the "Moorhead State Normal School," and the "Duluth State Normal School," respectively. (2967) A normal school is not a school district, within the contemplation of the statute, and the attendance in the model school department thereof does not en- title the normal school to share in the apportionment of the public school fund. — Childs, May 7, 1897. 378. Normal school board — The educational management of the normal schools is vested in a board of eight directors, who, with the state superin- tendent, shall constitute the normal school board. Such directors shall be appointed by the governor, subject to confirmation by the senate, for a term of four years. The governor shall in like manner fill for the unexpired term all vacancies in the board. There shall be one director resident in each county in which a normal school is located, and no two shall be residents of the same county. (2970) The state normal school board may establish, by rule or regulation, the ages between which children may be received into the model department. — Douglas, August 17, 1900. As to authority of board to elect a purchasing agent, and as to his duties, see sections" 3061 and 3062, G. S. 1913. 379. Same; powers and duties — The board shall have the educational management, supervision and control of the normal schools, and of all prop- erty appertaining thereto. It shall appoint all presidents, ( ) teachers ( ) and other necessary employes therein, and fix their salaries. ( ) It shall prescribe courses of study, conditions of admission, prepare and confer diplomas, report graduates of the normal department, and adopt suitable rules and regulations for the schools. It shall, as a whole or by committee, visit and thoroughly inspect the grounds, buildings, modes of instruction, discipline and management of each school, at least once in each year. It shall report to the governor, ( ) on or before December 1 in every even num- STATE NORMAL SCHOOLS. 103 bered year, the condition, wants and prospects of each school, with recom- mendations for its improvement." (2972) 380. Same; annual meeting — The annual meeting of the board shall be held on the first Tuesday in June. At such meeting it shall choose by ballot a pi-esident, whose term of oflRce shall be for two years, and until his successor qualifies. In case of vacancy, the governor shall appoint one of the directors president until the next annual meeting, and until his suc- cessor qualifies. The state superintendent shall be secretary of the board. (2971) 381. Same; compensation of — The directors shall be reimbursed for their actual expenses while engaged in duty for the normal schools out of the current funds belonging to such schools. (2974) 382. Purchasing agent for; powers and duties — Upon the assumption by said state normal school board of the jurisdiction, management and con- trol of the normal schools of this state, said board shall elect from its own members a purchasing agent, whose duties shall be as hereinafter stated, and whose compensation shall be fixed by said board and paid out of funds provided for the maintenance of said normal schools, a pro rata sum being paid each school. He shall superintend the making of all purchases for said schools. Prior to the termination of each quarterly period the execu- tive head of each school shall prepare and submit to him a detailed state- ment of the needs of said institution, including an estimate of the necessary supplies and expenditures for the quarterly period next succeeding. Said statement and estimate shall be submitted by him to said normal school board for revision and correction. When approved by said board it shall be p^-ppared in triplicate by such purchasing agent, and one copy theieof shall be retained by said board for the use of such agent, one shall be de- livered to the executive head of each normal school and one shall be filed with the stare auditor. Such estimates shall govern and control the pur- chasing of supplies for the respective schools, and the money necessary to be disbursed therefor shall be paid out upon the warrant of said agent as hereinatfer stated. Said agent shall at the commencement of each quarterly period set apart for the use of each school as a contingent fund, a sum not exceeding one hundred dollars ($100). In addition there (to) the supervision of the purchasing of all necessary supplies for said school, it shall be. the duty of such purchasing agent to visit each of said schools at least once during each quarterly period, at which time the estimates for the succeeding quarter as herein provided, and a statement of the needs of said institution shall be submitted to him by the executive head thereof. He shall from time to time make reports to said normal school board of the business affairs of said schools, with such recommendations as he may deem proper. All salaries for resident directors heretofore paid or provided for are hereby discontinued. (3062) 383. Summer sessions — That there shall be held at each of the state normal schools in this state a summer session of twelve (12) weeks each, under the direction of the state normal board. These summer sessions hall be a part of and in all repects be the same as the session now provided for by law. The provisions for attendance at these summer sessions shall be the same as those now in force and the arrangements of the terms in the school year shall be such as to most fully serve the welfare of rural schools. Provided, that said normal board may, in its discretion and when the interests of the state may be best subserved thereby, direct that a shorter session than twelve weeks be held at any of said schools. (2975) 384. Tuition — There shall be no charge for tuition or incidental ex- penses to students in normal schools who file with the president of the school board a declaration of intention to teach in the public schools of the 104 STATE NORMAL SCHOOL.S. State for not less than two years after leaving such school. The board shall fix rates of tuition for other students, and for pupils In the model schools. (2969) 385. Model schools — The normal school board may organize model schools in connection with each normal school, for Illustrating methods of teaching and school government only. (2968) 386. Presidents of, to report to superintendent of education — The presi- dent of each normal school shall make an annual written report to the state superintendent on or before September 1, covering the term year of his school, and setting forth its general statistics, enrollment in each depart- ment and in each class of the normal department, average attendance, the number graduating within the year, the number of teachers, the departments of each, and the general condition of its buildings, library, and apparatus, the number and names of all graduates then engaged in teaching, as far as known to him, and the district or county in which each is teaching, and such other matters and suggestions as he may deem of interest to the public, or conducive to the good of the schools. (2973) INDEX (References in this index are to sections.) A ACCEPTANCES Of office by district officers 6^ ACTIONS When and how to be prosecuted by districts 119 Against districts on contracts and for injuries 120 Against districts, how begun when districts without board 121 ADVERTISEMENTS For bids before letting of contracts 70 AGE Of pupils for admission to public schools 141 AGRICULTURE Division of at university, purposes of work in 364 Officers and chiefs of division of 365 Free instruction in 366 Bulletins of, how issued and distributed , 367 Division of at university 363 Same, purpose of work of 364 College of at state university 359 extension of and home economics, division of at university 363 Association of schools for training in 156 Instruction in through association of schools 151 Instruction in to be of practical character 155 State aid for high, graded, and consolidated schools affording training in 192 AGRICULTURAL EXTENSION Officers of division of 365 Free instruction in 366 Bulletins of to be issued and distributed 367 AGRICULTURAL SCHOOLS Sites for, how acquired 67 ANNUAL SCHOOL MEETINGS When and how held (See "School Meetings") 42-5f> ANNUITIES To teachers from State Teachers' Reitrement Fund 332-346 APPEALS From order forming districts, grounds of 9 From orders of set-off of lands to districts 6 Rehearing in on change of boundaries of districts 14 From orders for consolidation of districts 25 From order of change of districts containing cities or villages. ... 13 From order of dissolution of districts 34 From refusal to grant teachers' certificates 310 By teachers from suspension of certificates 323 APPLICATIONS By teachers for annuities from teachers' retirement fund 335 106 INDEX. APPORTIONMENTS (See "Funds") 186-212 Of state school funds by superintendent of education ISl Of state scliool funds to bounties, warrants by county auditor... 182 Of state school fund to districts by county auditors 183 Of state school funds to new districts 184 Of state school funds, report of by county auditor to superintend- ent of education 185 Of fines and penalties to school purposes 185 Of funds upon change of districts in unorganized territory 101 Of funds on enlargement of districts containing cities or villages. 12 APPROPRIATIONS By counties for teachers' institutes 294 Not to be exceeded by university board of regents 357 ARTS College of at state university ATTORNEY GENERAL To be one of trustees of teachers' retirement fund 335 Opinions of to govern school officers, when 86 To prosecute combinations in school text-bool