ill 
 
 li 
 
 i I 
 
 UC-NRLF 
 
 
 LB 
 
 A^3 
 
 GENERAL 
 
 /^^^ 
 
 PUBLIC SCHOOL LAWS 
 
 OF 
 
 ALABAMA 
 1905 
 
 ISSUED BY 
 
 ISAAC W. HILL 
 
 Superintendent of Education 
 
GENERAL 
 
 PUBLIC SCHOOL LAWS 
 
 OF 
 
 ALABAMA 
 1905 
 
 ISSUED BY 
 
 ISAAC W. HILL 
 
 Superintendent of Education 
 

 ^0 
 
 DEPARTMENT OF EDUCATION, 
 
 ISAAC W. HILL, HARRY C. GUNNELS, 
 
 Superintendent of Education. Chief Clerk. 
 
 W. C. SWANSON and N. I. BILLING, MISS LENA FABER, 
 
 Bookkeepers. Stenographer. 
 
 STATE BOARD OF EXAMINERS. 
 
 ISAAC W. HILL, Ex-Officio President. 
 
 WM. F. FIEAGIN, Secretary. 
 
 J. NICHOLENE BISHOP. 
 
 M^SS S^tSIE r»PFUTT, Stenographer. 
 
PUBLIC SCHOOL LAWS OF ALABAMA. 
 
 Article I. 
 
 PUBLIC SCHOOL FUND. 
 
 3539. Appropriatimis for public schools. — For the 
 maintenance of a system of public schools throughout 
 the State, the following sums of money are hereby appro- 
 priated for each scholastic year, to- wit : 
 
 1. The annual interest at six per cent, on all sums of 
 money which have heretofore been, or which may here- 
 after be received by the State, as the proceeds of sales of 
 lands granted or instituted by the United States to the 
 State, or to the several townships thereof, for school 
 purposes. 
 
 2. The annual interest at four per cent, on that 
 part of the surplus revenue of the United States, de- 
 posited with the State under the act of congress ap- 
 proved June 23, 1836. 
 
 3. All the annual rents, incomes and profits, or in- 
 terests, arising from the proceeds of sales of all such 
 lands as may hereafter be given by the United States 
 or by this State, or by individuals, for the support of 
 the public schools of the State. 
 
 4. All of such sums as may accrue toi the State as es- 
 cheats; the same to be applied to the support of the 
 public schools during the scholastic year next succeed- 
 ing their receipt in the State treasury. 
 
 5. The further sum of five hundred and fifty thou- 
 sand dollars, from any money in the treasury not other- 
 wise appropriated. (As amended.) 
 
 6. The net amount of poll tax that may be collected 
 in the State; the poll tax collected in each county to 
 be retained therein for the support of the public schools 
 thereof, and distributed and disbursed as provided in 
 this chapter. 
 
 381353 
 
4 
 
 7. All rents, incomes and profits received into the 
 State treasury during the scholastic year from all lands 
 heretofore donated by the congress of the United States 
 for the support of the public schools, and remaining un- 
 sold, which shall be applied to the support of the pub- 
 lic schools during the scholastic year next succeeding 
 their receipt into the treasury. 
 
 8. Licenses which are by law required to be paid into 
 the school fund of any county; to be promptly paid by 
 the judge of probate, or other person collecting the 
 same, to the county superintendent of education, and 
 to be expended for the benefit of the public schools of 
 such county. 
 
 3540.* When appropriations accrue, and placed to 
 credit of educational fund. — All such appropriations, 
 except the poll-tax, shall accrue to the educational fund 
 on the first day of October, in each year; and on that 
 day the State Auditor shall place to the credit of that 
 fund, on the books in his office, all such amounts as ac- 
 crue thereto from the sources in this article mentioned, 
 except the poll-tax, for the scholastic year beginning on 
 that day. 
 
 Article II. 
 
 GENERAL DESIGNATION OF OFFICERS. 
 
 3541. Officers for administration of public schools. 
 For the administration and government of public 
 schools in this State, there are the following officers : 
 
 1. The superintendent of education. 
 
 2. A county superintendent of education in each 
 county. 
 
 3. Three township trustees in each township. 
 
5 
 Article III. 
 
 SUPERINTENDENT OF EDUCATION. 
 
 3542. (As amended.) Term of office; salary. — The 
 superintendent of education holds office for the term 
 of four years from the time of his installation in office, 
 and until his successor is elected and qualified, and shall 
 receive a salary of two thousand, two hundred and fifty 
 dollars per annum, payable in monthly installments, 
 on the last day of each month. 
 
 3543. Oath of office and bond. — Before entering up- 
 on the duties of his office, he shall take the oath of office 
 prescribed by the constitution, and shall also give bond, 
 with sureties to be approved by the Governor, in the 
 sum of fifteen thousand dollars, conditioned faithfully 
 to discharge the duties of his office so long as he shall 
 remain therein, or perform any of the duties thereof; 
 and such bond shall be filed in the office of the Secre- 
 tary of State. 
 
 3544. Office and hooks ^ papers and records. — He 
 shall have an office at the capitol of the State, where 
 the bonds, papers and records of his office shall be kept, 
 and where he shall give attendance when not absent on 
 official business; and it shall be the privilege of all per- 
 sons interested to have access, at all proper hours, to 
 the books, papers and records of the office. 
 
 3545. Clerks and their salaries. — He is authorized 
 to employ four suitable clerks for service in his office; 
 and such clerks shall be allowed salaries as follows : 
 One, fifteen hundred dollars per year; two, twelve hun- 
 dred dollars per year each; one, five hundred dollars 
 per year, to be paid as the salaries of other department 
 clerks are paid. (As amended.) 
 
 3546. Duties of Superintendent of Education. — The 
 duties of Superintendent of Education shall be as fol- 
 lows : 
 
6 
 
 1. He shall devote his time to the care and improve- 
 ment of the common schools, and the promotion of pub- 
 lic education, and shall exercise a general supervision 
 over all the educational interests of the State; and to 
 this end, he shall have power to require from the county 
 superintendents of education, township trustees of pub- 
 lic schools, and all other school officers, all such reports 
 and information relating to the educational fund, or 
 the condition of schools and management thereof, as he 
 may deem important, or as may be prescribed by law; 
 and he may remove from office any such officer for fail- 
 ure to make such report, give such information, or dis- 
 charge any other official duty. 
 
 2. He shall annually, as far as practicable, visit 
 every county in the State for the purpose of inspecting 
 the schools and their management, the accounts of 
 county superintendents of education, and other school 
 officers, and for diffusing as widely as possible, by per- 
 sonal address and personal communication, information 
 as to the importance of public schools and the best 
 method for their management; and he shall encourage 
 and assist at organizing and conducting teachers' and 
 superintendents' institutes. 
 
 3. He shall make provision for instructing all pupils 
 in all schools and colleges supported, in whole or in 
 part by public money, or under State control, in hy- 
 giene and physiology, with special reference to the ef- 
 fects of alcoholic drinks, stimulants and narcotics upon 
 the human system. 
 
 4. He shall make provision for instructing all pupils 
 in all schools and colleges supported, in whole or 
 in part, by public money, or iinder State control, in 
 the constitution of the United States and the constitu- 
 tion of the State of Alabama. 
 
 5. He shall annually apportion the public school 
 fund to the various townships and school districts, ac- 
 cording to the entire number of children of school age, 
 and shall see to the proper disbursment of the same; 
 and to this end, he shall keep an accurate account with 
 all officers who may be custodians or disbursers of the 
 school fund, or any part thereof. 
 
6. He shall prepare all formSj and have printed and 
 distributed all such blanks as may be necessary, or as 
 may be required by law, in the administration of the 
 public school system. 
 
 7. He shall furnish the county superintendents and 
 other school officers all necessary books for keeping 
 their accounts and records, to be and remain public 
 property; and he shall prescribe a uniform system of 
 keeping such accounts and records. 
 
 8. He shall take receipts for all such books so fur- 
 nished by him to school officers, and such officers shall 
 take good care thereof, and turn them over to their suc- 
 cessors in office. 
 
 9. He shall keep a debtor and creditor account with 
 each township, or other school district, in the State, of 
 all funds accruing thereto for educational purposes. 
 
 10. He shall keep an accurate account of the capital 
 of all sixteenth-section or other trust funds, to which 
 each township or school district may be entitled, show- 
 ing whence and when such funds were derived. 
 
 11. He shall preserve in his office all bonds of 
 school officers and others required to be filled therein. 
 
 12. He shall cause suits to be instituted and prose- 
 cuted against all defaulters to the educational fnnd, 
 and for this purpose may employ attorneys ; but he shall 
 not have power to contract or pay such attorneys out of 
 the educational fund more than ten percentum of the 
 amount recovered by them in such suits; and out of 
 such funds he may pay such lawful costs as may be taxed 
 against him as superintendent of education in case he 
 is cast in any such suit. 
 
 13. He shall require and supervise the collection of 
 all poll-taxes. 
 
 14. He shall, by correspondence, exchange of offi- 
 cial reports, and other proper means, elicit information 
 relative to the system of public education in other States 
 and countries, and disseminate all useful knowledge re- 
 garding the same among the county superintendents 
 and other school officers in the State. 
 
 15. He shall collect in his office such school-books, 
 apparatus, maps, charts and specimens of improved 
 
8 
 
 school furniture as can be obtained without expense to 
 the State. 
 
 16. He shall prepare and have printed, in pamphlet 
 form hy the public printer, all laws, rules and regula- 
 tions pertaining to the public school system of the State, 
 including therein the constitution of the United States, 
 and the constitution of the State of Alabama, and cause 
 the same to be distributed among the county superin- 
 tendents of education, and other officers connected with 
 the school system, for the information of those inter- 
 ested in the educational interests of the State. 
 
 IT. He shall hold or cause to be held, ^nthin each 
 congressional district, one or more teachers' institutes, 
 to be conducted by a teacher experienced in and famil- 
 iar with the most improved methods of instruction, for 
 a term of one week or more during the summer months 
 of each year; and for such purpose may, from time to 
 time, certify to the auditor the amount, not exceeding 
 five hundred dollars in any one year, necessai*y to de- 
 fray the expenses of employing teachers to conduct such 
 institutes and instruct the teachers who attend them, 
 and upon such certificate it shall be the duty of the au- 
 ditor to draw his warrant upon the treasurer for such 
 sum or sums in favor the superintendent of education 
 as may remain unapportioned in the treasury at the time 
 but the sum so expended in any one year shall not ex- 
 ceed the amount apportioned and paid for such purposes 
 by the trustees of the Peabody Educational Fund in any 
 one year. And such sums must be disbursed so as to 
 secure the greatest good to the largest number of teach- 
 ers in the common schools, and it shall be the duty of 
 the superintendent of education to take vouchers there- 
 for to be kept on file in his office, and to make an item- 
 ized statement in his biennial report, as to hoAV and 
 to whom said money has been disbursed. 
 
 18. He shall perform such other duties as are, or 
 may be, prescribed by law. 
 
 3547. Reports to governor; contents. — He shall also, 
 biennially, on or before the tenth day of October, re- 
 port to the Governor in writing — 
 
1. A brief history of his labors. 
 
 2. An abstract of the reports received by him from 
 the county superintendents of education, exhibiting the 
 condition of the public schools. 
 
 3. Estimates and accounts of expenditures of school 
 money. 
 
 4. An itemized statement showing hoAv the contin- 
 gent fund of his department, and all other special funds 
 or appropriations under his control have been disposed 
 of. 
 
 5. Such recommendations as he may desire to make 
 for the improvement of the school system, and the care 
 and increase of the educational fund. 
 
 6. All such other matters relating to his office and 
 to public schools, as he shall deem expedient to com- 
 municate. 
 
 3548. Report to he printed and distributed.— The 
 governor shall, when such report is laid before him, di- 
 rect the superintendent of education to have printed 
 in the same manner, and upon the same conditions as 
 other printing is done, during the recess of the general 
 assembly, a sufficient number of copies of the report to 
 supply the county supejintendents and township trus- 
 tees of public schools, and other school officers, and for 
 the usual exchange with other States, and with the lead- 
 ing cities of the United States ; and it shall be the duty 
 of the superintendent of education to distribute the same 
 as indicated in this section. 
 
 3549. Vacancy filled by governor; term^ etc., of ap- 
 pointee. — If the office of superintendent of education 
 should, at any time, become vacant, by death, resigna- 
 tion, or otherwise^ the governor shall appoint a suit- 
 able person to fill such office for the unexpired term; 
 and such appointee shall give bond and qualify in the 
 same manner as if he had been elected for a full term. 
 
10 
 Article IV. 
 
 COUNTY SUPERINTENDENTS. 
 
 3550. One elected for each county. — Unless by spe- 
 cial (}ct it is otherwise provided, a county superintend- 
 ent for each county is elected at each general election, 
 as provided in this Code. 
 
 3551*. Term of office; removal, — The term of office 
 of county superintendents who are elected shall com- 
 nience on the first day of October next after their elec- 
 tion, and the term of those appointed shall commence 
 on the first day of October of each odd year; and in 
 either case, shall be for two years and until their suc- 
 cessors shall qualify; but the superintendent of educa- 
 tion ma}^, at any time, for good cause shown, remove 
 from office any county superintendent of education, 
 whether elected or appointed. 
 
 3552. Oath of office and bond. — Every county super- 
 intendent of education, before entering upon the duties 
 of his office, must take the oath of office prescribed by 
 the constitution, and give bond in an amount to be fixed 
 by the superintendent of education, but in no case to be 
 less than double the probable amount of money that 
 may be in his hands at any one time, with good and 
 sufficient sureties, and payable and conditioned as offi- 
 cial bonds of other public officers. 
 
 3553. Approval and record of bond. — Such bond must 
 be approved by, and, with the oath of office, must be filed 
 and recorded in the office of the judge of probate of the 
 county; and a certified copy of the bond mw^t also be 
 filed in the office of the superintendent of educat'on for 
 his approval. 
 
 [Failure to file copy with superintendent of education 
 no defense to county superintendent of his sureties, in 
 an ajction for his default. — JReed v. Summers, 79 Ala. 
 522.] 
 
 *Term four years. General Acts 1903, Sec. 27, pa^ 
 450. 
 
11 
 
 3554. ISfetv or additional bond; effect of notice to 
 give. — The superintendent of education shall require of 
 any county superintendent of education a new or addi- 
 tional bond, in the same, or a different amount, as that 
 of the original bond, whenever he shall find it necessary 
 for the protection of the educational fund of the county ; 
 and no county superintendent of education, after receiv- 
 ing notice to give such neAV or additional bond, shall 
 continue in the discharge of the duties of his office 
 until such new or additional bond is given. 
 
 3555. Compensation. — Each county superintendent 
 of education shall receive for his services four per cent- 
 um on the amount of all the educational fund legally 
 disbursed by him, but such percentum must not be taken 
 and used by him until after the disbursements have been 
 made, and the credits allowed by the superintendent of 
 education. 
 
 3556. His duties. — The duties of each county super- 
 intendent of education shall be as follows: 
 
 1. He shall have an office at the county site of his 
 county, where he must, on the first Saturday of each 
 month, from the beginning of the scholastic year until 
 the close of the public schools for that year, be present 
 to transact business with the officers and teachers of 
 public schools. 
 
 2. He must regeive and take charge of any money, 
 funds, property, or proceeds of any character, raised in 
 his county by county taxation, or which may accrue 
 to him or to the county from any gift, grant, bequest, 
 devise, endowment, or otherwise, to be issued in aid of, 
 or in connection with money apportioned to his county 
 from the educational fund, and shall faithfully keep the 
 same separate and apart from any other funds or prop- 
 erty whatsoever; and he shall apportion, distribute and 
 pay out all money raised in accordance with this sub- 
 division ; but all money, raised by local taxation in any 
 school district or incorporated city or town, shall be 
 expended for the benefit of the district, city or town in 
 which the money is raised, and by such persons, and in 
 
12 
 
 such manner as are authorized by the laws of force for 
 the control and government of public schools in such 
 district, city or town. 
 
 3. He shall examine into the condition of all school 
 funds of his county, including the sixteenth section fund 
 and sixteenth section lands unsold in his county; and 
 he is authorized and required in the name of the State 
 for the use of the township, to bring all necessary suits 
 for the recovery of the possession of such lands, or 
 against trespassers thereon. 
 
 4. He shall, as soon as he receives the annual ap- 
 portionment of the educational fund of his county, fortli- 
 ^^'ith notify the toAvnship trustees of each township of 
 the amount apportioned to each township or separate 
 school district. 
 
 5. He shall enter in a book or books, kept for that 
 purpose, the exact amount and date of all moneys re- 
 ceived and paid out by him on account of the educa- 
 tional fund of his county, showing by whom or to whom 
 paid, and for what purpose, and also the amount of the 
 educational fund apportioned to, and distributed in 
 each township for each race ; and such books shall be 
 open to the inspection of all persons interested. 
 
 6. He shall, on or before the thirtieth day of Sep- 
 tember of each year, forward to the superintendent of 
 education, on blanks to be furnished him by the latter, 
 an annual report of the public schools of his county for 
 the preceding year, Avhich shall set f ovth ( 1 ) the amount 
 of school money received by him from all sources to the 
 end of the year, specifying how much was received from 
 each source; (2) how much has been disbursed by him 
 during such year, for what purpose, and the names of 
 teachers to w^hom money has been paid, the time they 
 taught, and the total amount paid to each teacher; (3) 
 the amount of funds then in hand for each tow^nship or 
 school district in this county; and (4) the manner in 
 which, and the extent to which he has discharged the 
 duties required by law to be performed by him. 
 
 7. He shall remove from office any township trustee 
 w^hen the interest of public education demands such re- 
 
13 
 
 iiioval, and he shall fill all vacancies occasioned by re- 
 moval from office or other \vi:^e. 
 
 8. He must quarterly, on the first Saturdays in Janu- 
 ary, April, July and Octobir, of each yenr, or as soon 
 thereafter as practicaible, pay the teachers of the public 
 schools, upon the certificate of the trustees of the town- 
 ship in which the school was taught ; a,nd in counties in 
 which separate districts have been established by spe- 
 cial laws, he shall pay over to the officers, authorized to 
 receive the same their proportionate shares of the school 
 revenues at the time above designated. ( See page 96 of 
 this pamphlet. ) 
 
 3557. Forfeiture for failure to make annual reports. 
 If any county superintendent shall wilfully fail to make 
 out and forward to the superintendent of education any 
 annual report required by this article, within ten days 
 after the time it should be made, he shall be liable to a 
 forfeiture of his commissions, to be declared by the sup- 
 erintendent of education and to removel from office by 
 the superintendent of education. 
 
 3558. Books and accounts liable to examination. — 
 The books, accounts and vouchers of the county super- 
 intendent of education may be examined at any time by 
 the superintendent of education in person or by duly au- 
 thorized agent. 
 
 3559. Vacancies^ how filled; term^ etc.^ of appoint- 
 tees. — The superintendent of education shall fill all va- 
 cancies in the office of county superintendent of educa- 
 tion, by appointment; and such appointee shall hold 
 during the unexpired term, and until his successor quali- 
 fies, and shall give bond and qualify as is required of an 
 appointee for a full term. 
 
14 
 
 Article V. 
 
 TOWNSHIP TRUSTEES. 
 
 (See Eestricting Law, p. 83, beginning at § 6, this 
 phamphlet. ) 
 
 3560. Toicnship trustees appointed; term of office. — 
 Three townsliip trustees for each township, or other 
 school district in each county, who shall be freeholders 
 and householders resident in such township or school 
 district, shall be appointed by the county superintend- 
 ent of education ; and the term of office of all township 
 trustees shall commence on the first day of October of 
 each old year, and continue two years and until their 
 successors shall qualify. 
 
 3561. Establishment and supervision of schools. — 
 The township trustees shall have the immediate super- 
 vision of the public schools in their township or school 
 district, and shall have power to establish, subject to the 
 approval of the county superintendent of education one 
 or more schools for either race in such township or 
 school district, as the public necessity may require. 
 
 3562. Meetings icith parents and guardiams; busi- 
 ness transacted. — The trustees in each township shall 
 annually, on the last Monday in October, or within 
 seven days thereafter, call a meeting of the parents and 
 guardians of the children of their township within the 
 educational age, and at such meeting they shall, in con- 
 sultation with such parents and guardians, and with a 
 view to subserve their wishes, interests and convenience, 
 transact the following business : 
 
 1. They shall determine the number of schools which 
 shall be established in their township for the current 
 scholastic year, and shall designate the same by num- 
 ber. 
 
 2. They shall fix the location of each school, the time 
 ►f its opening, and the length of the session, which 
 5hall not be, except as hereinafter provided, less than 
 
 'twelve weeks. 
 
15 
 
 3. They shall, when they establish the schools in 
 their township, apportion to each school so established 
 such an amount of the public school revenue apportion- 
 ed to the township for the current scholastic year as 
 they may deem just and equitable for the equal benefit 
 of the children thereof of school age. 
 
 4. They shall determine the number and what chil- 
 dren shall be transferred from their districts to the 
 schools of other districts, and to what districts, transfer- 
 red, during the scholastic year, and shall set apart such 
 an amount of the money apportioned to their district 
 to pay for such transferred children as they may deem 
 just and equitable; and if it should be deemed imprac- 
 ticable to establish in any district a public school for 
 the children of either race, on account of the want of a 
 sufficient number of such race living within a reason- 
 able distance, they shall determine whether any of such 
 children can be transferred conveniently to a public 
 school in another district, and those that cannot be so 
 transferred, and that have actually attended some school 
 in this State for the time during which the public 
 schools were kept open for the current scholastic year, 
 shall be entitled to the benefits of the amounts appor- 
 tioned to their district; and they shall determine the 
 amount to which each of such children shall be entitled, 
 and the same shall be paid by the county superintendent 
 of education to the parent or guardian of such child, 
 for which a receipt shall be taken as in case of payments 
 to teachers. 
 
 5. In those townships in which less than the requi- 
 site number of children of school age reside, it shall 
 be the duty of the township trustees to arrange for the 
 teaching of such children in such manner as they may 
 deem proper and just, subject to the approval of the 
 county superintendent of education, and to pay for the 
 tuition of such children in the manner prescribed by law 
 out of the school funds apportioned to such township. 
 
 6. Such other business as may be necessary to carry 
 out the provisions of the law. 
 
 3563. Report after meeting. — They shall, within ten 
 days after such meeting, report to the county superin- 
 
16 
 
 tendent of education the number and location of the 
 schools, the names of the teachers employed, and the 
 amount of money api)ortioned to each school. 
 
 3564. Notice and duration of meeting; effect of fail- 
 ure to attend.- — Such meeting shall be called by posting 
 ten days previousy thereto, written notices of the time 
 and place of meeting, and of the business to be trans- 
 acted thereat, in not less tlian three public places in the 
 district; and the toAvnship trustees shall have power to 
 continue the meeting from day to day until all the 
 business has been transacted, and they may adjourn the 
 same to a future day, not exceeding one week; and if 
 (he parents and guara'ans fail to attend such meeting, 
 the township trustees shall, in their absence, proceed to 
 perform the duties required of them. 
 
 3565. Appeal to county superintendent. — An appeal 
 may be taken from the decision and action of the town- 
 ship trustees had and done at such meeting, to the 
 county superintendent of education, who shall notify 
 the township trustees of the appeal, and shall appoint 
 a day on which to hear and determine the same, and 
 whose decision shall be final. 
 
 3566. When hut one school in toumship, hotv located; 
 cha/nge of location. — When but one school is established 
 in a township it shall be so located as to accommodate 
 the largest number of pupils, and to encourage the 
 building of a permanent school house as near the center 
 of the township as possible, whenever it can be done 
 without material injury or inconvenience to the children 
 within the educational age; but such location may be 
 changed by the township trustees from year to year, 
 in order to provide for those who were not in reach of 
 the school in previous years; and in the location of pub- 
 lic schools, township trustees must have reference to the 
 population audi neighborhood, paying due regard to any 
 school house already built, or site procured, as well as 
 to all other circumstances proper to be considered, so 
 as to promote the interest of free public education. 
 
17 
 
 3567. To what regard must he had in locating schools 
 and employing teachers. — In locating public schools, 
 and employing teachers, township trustees shall have 
 due regard to such communities as will supplement the 
 district fund, and to such teachers as will procure and 
 teach the greatest number of pupils within the educa- 
 tional age; the object of this section being to encourage 
 the building up and maintaining ot large schools, which 
 shall continue the longest term practicable; but in no 
 case shall such communities and citizens, as are unable 
 and unwilling to supplement the district fund, be de- 
 prived of the benefit of the public schools. 
 
 3568. Employing teachers, and opening schools. — 
 The township trustees shall in no case contract with 
 teachers, or open schools until they have definitely de- 
 termined the number and location of schools in their 
 district, and the amount of money each school shall re- 
 ceive from the amount apportioned to the district, nor 
 shall they contract for a school of less than three schol- 
 astic months, nor less than ten pupils of school age, 
 if there are more than that number of each race withio 
 such age, nor more than fifty pupils to each teacher. 
 ( Amended 1901. See act below. ) 
 
 3569. Execution of contracts with teachers, contract 
 for transferred pupils.-^A\\ contracts with teachers 
 shall be in writing, and shall specify the amount to be 
 paid per month from the district fund, and shall be exe- 
 cuted in duplicate, one of which shall be filed with the 
 county superintendent of education for his approval 
 within ten days after it has been signed; and no such 
 contract shall be valid without his approval; and the 
 township trustees shall also, in like manner, contract 
 with teachers for transferred pupils. 
 
 3570. Yisits to schools. — The township trustees shall 
 visit the schools in their district at least once during 
 each scholastic year. 
 
18 
 
 3571. Removal of teachers; payment of time. — The 
 township trustees may, for any cause sufficient in tlieir 
 judgment, terminate the contract of, and remove any 
 teacher; but such teacher shall be allowed pay for the 
 time he taught according to the terms of his contract. 
 
 3572. Register of daily attendance. — The township 
 trustees shall require the teachers of public schools to 
 keep a register of the daily attendance of the pupils in 
 the schools taught by them, and to submit such regis- 
 ter to them for their inspection. 
 
 3573. Enumeration of children.— Tho: township trus- 
 tees must, during the month of July, of each odd year, 
 make an enumeration of all the children, white and 
 black, male, and female, within the educational age, in 
 their township or district, and report the same in dupli- 
 cate to the county superintendent of education by the 
 first day of August following; and the county superin- 
 tendent of education shall make to the superintendent 
 of education a written report of the several enumera- 
 tions made to him by the township trustees by the 
 fifteenth day of August of such year. 
 
 3574. 'Neic enumeration in certain cases. — If the 
 township trustees in any county or township should fail 
 in any year to make the enumeration provided for in 
 the preceding section, or if the superintendent of educa- 
 tion of the State should have reason to believe that 
 the enumeration made and returned to his office is 
 fraudulent or greatly erroneous in any county or town- 
 ship, and shall determine that it is for the best interest 
 for the public school system that another enumeration 
 be made in any county or township, he shall have power 
 to procure the making of a new enumeration of the chil- 
 dren of school age in any county or township, and shall 
 pay the expense of making the same out of the fund first 
 available and apportioned to the county or township in 
 which such new enumeration is made, as the case may be. 
 
 3575. Exemption from road and jury duty and poll- 
 taw. — Township trustees are exempted from ro?ia duty, 
 
19 
 
 jury duty and poll tax, so long as they shall continue in 
 office and perform the duties thereof; and the certificate 
 of the county superintendent of education shall be evi- 
 dence of the fact. 
 
 Article VI. 
 
 TEACHERS. 
 
 3578. Instruction as to the nature of alcoholic drinks 
 and narcotics. — Every teacher shall give instiaiction as 
 to the nature of alcoholic drinks and narcotics and tlieir 
 effect upon the human system, and such object shall 
 be taught as regularly as any other in the public schools, 
 and in every grade thereof. 
 
 3579. HoiA) long certificates are valid. — A third-grade 
 certificate shall be valid for two years; a secni id-grade 
 certificate for four years, and a first-grade certihcaie for 
 six years, in any county in the State. (As amended.) 
 
 3580. Register kept hy teachers and su^hmitted. — Ev- 
 ery teacher of a public school must keep a register of the 
 actual daily attendance of the pupils in his school, and 
 must submit such register to the township trustees for 
 their inspection. 
 
 3581. Quarterly report; not entitled to compensation 
 until forwarded. — Every teacher of a public school jiiust, 
 within five days after the end of each scholastic quarter, 
 forward to the county superintendent of ediicjUion, a 
 complete report, setting forth the enrollment, attend- 
 ance, number of transferred pupils, and from what 
 township transferred, the branches taught, and the num- 
 ber of pupils in each, distinguishing between male and 
 female, and stating whether a white or colored school; 
 also the monthly pay from school revenue from the 
 township in which the school is located, and from trans- 
 ferred pupils, stating the township and range from 
 
20 
 
 which they are transferred; also the number of days 
 i^aught, the amount due for services from school reve- 
 nues of the township, the number of visits by township 
 rustees, and the name and postoffice of the teacher ; and 
 such report must be sworn to by the teacher before some 
 >ne of the township trustees, and approved by them; 
 md no teacher can draw any pay for services rendered 
 )y him until he has forwarded his report in accordance 
 /ith' the requirements of this section. 
 
 3582. To he paid quarterly. — The teachers of public 
 chools shall be paid quarterly, on the first Saturdays 
 ■n January, April, July and October, or as soon there- 
 after as practicable. 
 
 ( See amended Act, p. 96 this pamphlet. ) 
 
 [Schoolmaster stands in local parentis and may, in a 
 proper case, inflict corporal punishment; but is crim- 
 nally liable for an abuse of his authority. — Boyd v. 
 
 Jtate, 88 Alabama 169; McCormack v. State, 102 Ala- 
 
 '.ama 156.1 
 
 Article VII. 
 
 BOARDS OF education; TEACHERS^ INSTITUTES. 
 
 ( See Kedistricting Act, Sec. 10, page 84, this pamphlet. ) 
 
 3583. Board of education; how constituted; vacan- 
 cies. — There shall be established in each county of the 
 Uate a board of education composed of the county sup- 
 rintendent of education, who shall be the president 
 hereof, and of two teachers, either in private or public 
 chools of the county, who shall be appointed by such 
 uperitendent at the beginning of each scholastic year, 
 T as soon thereafter as practicable, and who shall hold 
 ' ffice during the present scholastic year, and one of 
 rhom shall be appointed secretary; and a majority of 
 lie board shall be necessary for the transaction of any 
 usiness. The county superintendent of education shall 
 ave power to fill all vacancies that may occur in such 
 oard. 
 
21 
 
 3584. Meetings of hoard. — Such board shall meet 
 quarterly at such times and places as they may desig- 
 nate; but may meet oftener when deemed advisable by 
 them. 
 
 3588. Cause for cancellation of license. — Whenever 
 it shall appear to the superintendent of education that 
 any teacher to whom a license has been issued has been 
 guilty of intemperance, or of unworthy or disgraceful 
 conduct, his license shall be cancelled, and his name 
 stricken from the registered list of teachers. (Amended.) 
 
 3590. Teachers^ institutes to he organized. — It shall 
 be the duty of the board of education in each county to 
 organize and maintain therein teachers' institutes, one 
 for teachers who are white persons, and one for teachers 
 AA'ho are colored persons, to be held at such times and 
 places as the board may prescribe, but there shall nor 
 be less than ten licensed teachers in the county of the 
 race for whom such institutes shall be organized. 
 
 3591. Officers and memhers of institutes; no fee im- 
 posed tcithout consent. — The county superintendent of 
 education shall be president of such institutes, and the 
 members of the board of education shall be the vice- 
 presidents thereof, one of whom shall preside over its 
 meetings in the absence of the president; the other offi- 
 cers thereof may be elected. Every teacher of the couu ty 
 holding a license shall be a member of the institutes or- 
 ganized for his race. But no fee or assessment shall be 
 imposed on a member without his consent. 
 
 3592. Meetings of institutes. — There shall not be less 
 than three meetings in each year of such institutes, one 
 of which shall be held in the month of September, and 
 at this meeting an address to the teachers shall be made 
 by some person selected by the educational board ; and 
 teachers holding licenses shall attend at least one of 
 such meetings. 
 
 3593. Business of institutes. — The meetings of the 
 institutes shall be devoted mainly to discussions and in- 
 
\ 
 
 A^ 
 
 22 
 
 structions in regard to the methods of teachini^ aud 
 disciplining schools, and to the text-books used, and 
 other matters connected with the schools and school 
 laws. 
 
 Article VIII. 
 districts; schools; scholastic periods. 
 
 3594. School districts; establishment and superci- 
 sion; capacity to hold property. — Every township, and 
 fraction of a township, which is divided by c'l i>tijte or 
 county line, or any river, creek, mountain, or other 
 barrier rendering intercourse between the dilfferent por- 
 tions of the township difficult, and every incorporated 
 city or town having three thousand inhabitants, or more, 
 shall constitute a separate school district; and each of 
 them shall be under a township superintendent as to 
 all matters connected with public schools. Each town- 
 ship or other school district, in its corporate capacity, 
 may hold real and personal property; and the business 
 of such corporations, in relation to public schools and 
 school lands, shall be managed by the township or dis- 
 trict trustees. (See Acts of Legislature, 1903.) 
 
 3595. Pupils entitled to^ vnstruction in public schools. 
 Every minor over the age of seven years shall be en- 
 titled to admission into, and instruction in any public 
 school of his or her own race or color in this State. 
 
 3596. Child may not attend more than one school. 
 No child who has attended a public school the number 
 of days to which it is entitled as a pupil in that school 
 shall attend another during the same scholastic year, un- 
 less by consent of a majority of the trustees of the town- 
 ship in which such other is situated. 
 
 3597. When non-residents entitled to school privi- 
 leges. — Any parent or guardian residing in the Stale 
 who shall pay a local or special school tax on real estate 
 
23 
 
 \ allied at five hundred dollars or more, in any city, town" 
 ship or separate school district, shall be entitled to the 
 privilges and benefits of the public schools in such city, 
 township or separate school district, for their children, 
 the same as parents and guardians resident therein. 
 
 3598. Scholastic periods. — The scholastic year shall 
 begin on the first day of October of each year, and end 
 on the thirtieth day of September of the following year ; 
 tAA eiity days shall constitute a school month, and a 
 school day shall not be less than six hours. 
 
 3599. Public examinations y and certificates of pupils. 
 Public examinations must be held in the public schools 
 at least once in every year; and when the board of edu- 
 cation shall be satisfied that any pupil has become thor- 
 oughly educated in all the branches of free instruction 
 in any one of such schools, they shall give to him or her 
 a certificate to that effect. 
 
 3600. Separate schools for the two races. — In no case 
 shall it be lawful to unite in one school children of the . 
 white and colored races. i 
 
 Article IX. 
 
 APPORTIONMENT OF SCHOOL FUND; DISBURSEMENT. 
 
 3601. Auditor certifies amount of educational fund; 
 superintendent apportions. — On the first day of October 
 of each year, or as soon thereafter as practicable, the 
 auditor shall certify to the superintendent of education 
 the amount of money which has accrued and been placed 
 by him to the credit of the educational fund for the scho- 
 lastic year commencing on that day, stating specifically 
 the amount derived from each source, and any unex- 
 pended balance there may be from the appropriation of 
 the previous year to be carried forward, and the amount 
 so certified shall be apportioned by the superintendent 
 
24 
 
 of education, and be drawn and disbursed as provided 
 by law. 
 
 3602. Contingent expenses and amount for normal 
 schools set apart; residue apportioned. — As soon as sucli 
 certificate is received by the superintendent of educa- 
 tion, he shall set apart out of the general fund a sufficient 
 amount to pay such expenses of the department of edu- 
 cation as are by law payable out of such fund, and the 
 amount necessary to cover the expenses of normal 
 schools; and he shall then apportion all the balance of 
 such fund as nearly as practicable, among the several 
 townships and school districts in the State, as herein- 
 after provided. 
 
 3603. Amounts apportioned certified to auditor; no 
 warrants drawn in excess; balance unapportioned cer- 
 tified to treasurer. — As soon as such amounts have been 
 set apart, and such apportionment has been made, the 
 superintendent of education shall certify to the auditor 
 the amount set apart for each particular purpose or ap- 
 propriation, and the total amount of the apportionment 
 to the several school districts in each county, and the 
 auditor shall see that no warrants are drawn against 
 the educational fund, for any purpose, for any amount 
 in excess of the amounts so certified as set apart and 
 apportioned; and he shall certify to the treasurer the 
 amount of the school revenue, exclusive of poll tax, un- 
 apportioned by the superintendent of education ; and the 
 treasurer shall set apart the amount out of any money re- 
 ceived from the taxes of the current year, and he shall 
 keep the same separate and apart from all tl^e other reve- 
 nues, and shall not pay out any of such money except 
 upon warrants for school purposes. 
 
 3604. Interest on sixteenth section or other trust 
 fund first set apart; effect of apportionment. — In mak- 
 ing the apportionment of school money to the several 
 districts, the superintendent of education shall first set 
 apart to each township, or other school district, the 
 amount due from the State thereto as interest on 
 
25 
 
 its sixteenth section fund or other trust fund held by the 
 State; and all townships or other school districts, having 
 an income from such source, or from the lease or sale of 
 sixteenth section lands^ shall not receive anything out 
 of the balance of the educational fund to be apportioned^ 
 until all other townships or school districts, having no 
 trust fund, shall have received from the general fund 
 such amount as will give them an equal per capita ap- 
 portionment with the townships or districts having 
 such income. 
 
 3605. Apportioninent; basis of^ and Jiow made. — 
 The superintendent of education shall apportion the ed- 
 ucational fund to the respective townships or school dis- 
 tricas, subject to the provisions of the preceding section, 
 according to the latest official returns of the enumera- 
 tion of school population of the townships of other dis- 
 tricts, which hnve been made to his office, and accord-l 
 iug to tlie entire number of children of school age inj 
 each township or school district, but when the townshij) 
 Trustees of an}^ township or district have failed to make 
 and return the census enumeration of their tOAvnship or 
 district as reciuired by law, and A^hen the superintendent 
 of education has not caused a new^ enumeration to b<3 
 made, the superintendent of education shall make the 
 apportionment to such toAvnship or district, according 
 to the best information he can obtain as to the school 
 ]>opulation of such toAvnship or district; but in no event 
 shall he, in case of such failure, estimate the school pop- 
 ulation of any such district or township at more than 
 the number shown by the last official report to his office. 
 
 3606. A pporfinnmevt reem^ded, and certified to 
 conntij superintendents; ivhen contracts for schools in- 
 valid. — As. soon as such apportionment is completed, 
 the superintendent of education shall have the same re- 
 corded in his office, in books kept for that purpose, show- 
 ing the amount which has been apportioned to each 
 school district, and the source or sources from which 
 the same was derived, the amount to each district, and 
 the number of children in the district upon which the 
 
26 
 
 apportionment was based; and he shall then furnish to 
 each county superintendent of education a eertitied copy 
 from such books, showing the dividends of the educa- 
 tional fund to each township or district under the lat- 
 ter's supervision; and the amount so divided and certi- 
 fied shall be the total amount which each of such school 
 district shall be entitled to receive from the State, ex- 
 cept the poll tax, during the current scholastic year; 
 and no contract to pay for any school or schools for 
 any district, more than the amount thus apportioned to 
 it, together with such poll tax as it may receive, and such 
 funds as may be in hand from any previous year, shall 
 be valid against the State or township. 
 
 3607. Poll tax received hy each county. — Each coun- 
 ty shall receive as school money all the poll tax collected 
 therein ; and the same shall be its full distributive share 
 of the aggregate poll tax collected in the State. 
 
 3608. Each township and race entitled to its poll-tax. 
 Each township or other school district is entitled to re- 
 ceive, for tlie support of thie public schools therein, all 
 the poll-tax raised in and for such toAvnship or district ; 
 and the county superintendent of education of each 
 county and township trustees of each township shall 
 see that the amount of poll-tax paid by white persons 
 shall be applied exclusively to the maintenance of schools 
 for white pupils, and that paid by colored persons exclu- 
 sively for the maintenance of schools for colored pu- 
 pils. 
 
 3609. Amount due each county apportioned and cer- 
 tified to auditor. — The superintendent of education shall 
 by the tenth day of October in each year, or as soon 
 thereafter as practicable, apportion to every county the 
 amount of school money such county will be entitled to 
 receive for the scholastic year from all sources except 
 such special tax, if any, levied for school purposes in 
 any county ; and he shall certify the same to the auditor. 
 
 3610. County superintendents shall make pay-rolls. 
 On the fifteenth days- of March, June, September and 
 
27 I 
 
 December of each year, the county superintendents of 
 education shall make in duplicate, for each race sepa- 
 rately,, a pay roll, showing the names of all teachers 
 engaged in teaching public schools in their counties, with 
 their postoffice address, and the estimated amount that 
 will be due to each teacher at the end of the current quar- 
 ter from the funds of each township and range in its 
 regular numerical order; and shall append thereto an 
 affidavit that the same is correct. One of such dupli- 
 cate pay-rolls shall be retained by the county superin- 
 tendent, and the other he shall forthwith forward to the 
 superintendent of education, who shall examine the 
 same, and if found correct, it shall be approved by him 
 and filed with the auditor. ( See page 96 this pamphlet. ) 
 
 3611. Auditor shall draw tvarrani in favor of countif 
 su2)eriiitendent.—The auditor shall, immediately upon 
 the receipt of such pay-roll, draw a warrant oii the 
 State treasurer in. favor of the county superintendent of 
 each county for a sum which will be equivalent to the 
 amount estimated to be due on said pay-roll, and four 
 per centum thereon, and shall file said warrant, together 
 with the pay-roll upon which it is based, with the treas- 
 urer, whereupon it sliall be the duty of the treasurer to 
 forward by express or exchange, at the expense of the 
 State, the amount of such warrant, and the pay-roll and 
 duplicate receipts for said sum, including the express 
 charge or exchange premium, if any. The county super- 
 intendent of education must immediately upon receipt 
 of said sum, sign the duplicate receipt and return one 
 to the treasurer, Avho shall attach it to the appropriate 
 warrant, and the other shall be returned to the au- 
 ditor. 
 
 3612. Teachers paid and receipts taken. — Immedi- 
 ately upon the receipt of the county superintendent of 
 tlie amount of tl)e quarterly or monthly pay-roll, he shall 
 ]>ay the teachers, taking their receipt therefor on both 
 copies of said pay-roll, arid must by the fifteenth day of 
 January, April, JuJy and October, return one copy 
 of such receipted pay-roll to the superintendent of edu- 
 cation. 
 
28 
 
 3613. Auditor must prepare hlanks. — The auditor 
 must prepare the necessarv^ blank pay-rolls, receipts and 
 warrants to be used in carrying out the provisions of 
 1 his article. 
 
 3614. Where teachers are paid monthly. — In those 
 counties and separate school districts where teachers are 
 required by law to be paid monthly, ii shall be the duty 
 of the county superintendent, or the superintendent of 
 the separate school district, as the case may ])e, to* make 
 out and forward to the superintendent of education on 
 the twentieth day of every month, a pay-roll as provided 
 in this article, and the superintendent of education, the 
 auditor and the treasurer shall each, severally, perform 
 all the acts and duties required of them in this article as 
 in other cases. 
 
 3615. Balance in hands of county superintendent 
 charged to him. — Upon the return of the receipted pay- 
 roll to the superintendent of education, if it should ap- 
 pear that there is a balance in the hands of the county 
 superintendent, the amount of such balance shall be 
 charged to him and shall be deducted from the amount 
 of the next quarterly or monthly pay-roll. 
 
 3616. County super'niteudcut failinri must he re- 
 moved. — Any county superintendent, or superintendent 
 of any separate school district, who fails to make and 
 return any pay-roll required by this article, or who fails 
 to sign and return the receipts herein provided for, or 
 who fails to pay the teachers within fifteen days after 
 the receipt by him of the money, or who fails to return 
 the receipted pay-roll, mu«t be removed from office by 
 tlie superintendent of education. 
 
 3617. Apportionment and expenditure of local school 
 money. — All local school funds, raised for the support of 
 public schools, by taxation or otherwise, shall be appor- 
 tioned and expended in the district or districts in and for 
 which the same were raised, under such rules and regu- 
 lations as the township trustees, or other local authority 
 
29 
 
 provided by law, may prescribe; but this section shall 
 not be construed to repeal any provision for the appor 
 (:ionment and disbursement of the moneys mentioned ii: 
 this chapter, or provided for in special or local laws: 
 and all funds contributed by private parties, or other 
 wise, to such district shall be applied as indicated in the 
 orant from such contributors; and no school moneys, 
 distributed to the various counties from the State school 
 revenue shall, either directly or indirectly, be paid for 
 the erection of school houses, for the use of schoolroom 
 furniture, or any other contingent expenses of schools. 
 
 3618. Apportionment of income from trust fnnc 
 when tow7iship divided. — Whenever a township, whicl 
 has income from a trust fund, is divided by a State oi 
 county line, or otberAVise, into separate districts, or in- 
 cludes a city which is a separate school district, such in- 
 come must be divided between, and apportioned to eacl 
 school district in such township according to the school 
 population of each. 
 
 3619. Funds unused for two years apportioned hr 
 (■ownty superintende^it. — The county superintendent of 
 education shall, in the same manner as the superintend 
 ent of education is required to apportion the general 
 school fund, apportion among the school districts under 
 his supervision all funds received by him for any partic 
 ular school district or race which have remained unused 
 by such district or race for two years ; and he shall mak( 
 a report of such apportionment to the superintendent oi 
 education as soon thereafter as practicable. 
 
 3620. Fund once apportioned, not used for other pur- 
 poses until reapportioned. — Funds which have accrue<: 
 and have been apportioned to any district or race, shall 
 not be used for the benefit of any other district or race, 
 until the same shall have reverted to the general fund, 
 and been reapportioned under the provisions of the las! 
 preceding section. 
 
 3621. What part of income new districts are entitled 
 to. — Whenever any separate school district is created, 
 
30 
 
 which shall embrace parts of two or more townships, 
 such district shall receive its proportionate share of the 
 income from any trust fund belonging to either or both 
 of such townships, according to its school population. 
 
 3622. Contingent fund for department of education. 
 The State treasurer shall annually set apart, out of any 
 money in the treasui-y not otherwise appropriated, the 
 sum of one thousand dollars, as a contingent fund for 
 the department of education ; and whenever it shall be- 
 come necessary to draw on such fund, the superintend- 
 ent of education shall certify the amount necessary, and 
 for what purpose, to the auditor, who shall draw his war- 
 rant on the treasurer for such amount. The superin- 
 tendent of education shall keep an accurate account of 
 all sums which he shall certify to be paid out of such 
 contingent fund, and shall furnish an itemized statement 
 thereof to the Governor each year, with his annual re- 
 port. 
 
 3623. Unexpended part of such fund credited to next 
 year. — At the close of each scholastic year, any part of 
 the appropriation for the educational contingent fund, 
 which may not be then expended, shall be carried for- 
 ward by the auditor and superintendent of education, 
 and placed to the credit of, and become a part of the one 
 thousand dollars appropriated for the educational con- 
 tingent fund of the next succeeding year. 
 
 Article X. 
 
 TOWNSHIP CORPORATIONS. 
 
 3624. Incorporation of townships. — The inhabitants 
 of each township in the State are incorporated by the 
 
 name of "Township , in range ," according to 
 
 the number of surveys of the United States. 
 
31 
 
 Article 11. 
 SCHOOL lands; lease and sale. 
 
 3625. What are school lands ^ and in whom vested. — 
 School lands, within the meaning of this cod^, are sec- 
 tions numbered sixteen, in every township, granted by 
 the United States for the use of schools in the township, 
 and such other lands as may have been granted to any 
 township for the use of schools ; and all school lands are 
 vested in the State, in trust to execute the objects of the 
 grant. 
 
 3626. Timher lots reserved. — The township trustees, 
 after the surveys and plats provided for in this article, 
 may select such lots as they may think proper, to reserve 
 from cultivation for the benefit of the timber thereon, 
 and must mark the same "reserved" on the plat thereof. 
 
 3627. Other lands leased; terms of lease. — The town- 
 ship trustees may lease for not exceeding five years, the 
 lots so laid out and not reserved, and may stipulate for 
 such improvements as they may deem expedient, and 
 may require, if they think proper, security for rents and 
 improvements, the rent is to be paid annually, but in 
 case of improvements, they may stipulate for the rent to 
 commence after the commencement of the lease. 
 
 3628. Rent payable to the toivnship. — All notes, 
 bonds and contracts for the lease of school lands are to 
 be made payable to the township by its corporate name. 
 
 3629. Lands rented at public auction; notice. — All 
 school lands must be leased, at some place in the town- 
 ship at public auction; and at least six weeks' previous 
 notice must be given by advertisement at three public 
 places in the township, designating the time and place; 
 and such other notice may be given as the township trus- 
 tees may deem expedient. 
 
 3630. Ditties of lessee. — The lessee is bound to treat 
 the land, houses and improvements in a careful and hus- 
 
32 
 
 bandmanlike manner ; to commit no waste ; and he must 
 compl^^ witli such further restrictions as the township 
 trustees may deem expedient to insert in the lease ; and 
 U such lessee, or any person claiming under him, com- 
 mits waste, or fails to pay the rent, or to comply with 
 any other stipulation in the lease, the township trustees 
 have the right to declare the lease forfeited. 
 
 3631. Timber lots; Jioiv used. — The lots reserved for 
 timber are for the common benefit of the lessees of the 
 other lots; but no timber must be cut down, injured or 
 destroyed, as long as there is sufficient on the other lots, 
 which the township trustees ai'e to determine; and the 
 lessees must, in no case, cut down, injure or destroy such 
 timber without permission from the township trustees, 
 which may be given on such terms as they may think 
 proper, having due regard for the interest of the town- 
 ship. 
 
 3632. Penalty for injuries to timber. — Any person 
 who, without authority, cuts down, injures, or destroys, 
 <nny tree on school lands, shall forfeit and pay for every 
 such tree ten dollars, to be recovered before any court 
 having jurisdiction, in the corporate name of the town- 
 ship. 
 
 3633. Fines paid into the treasury for school fund. 
 All fines and forfeitures under the preceding section 
 shall be paid into the State treasury, and added to the 
 l)rincipal of the school fund of the township. 
 
 3634. Report of income from school lands. — When 
 any part of the sixteenth section or other school lands in 
 any township has been rented or leased, it shall be the 
 duty of the township trustees to report at once to the 
 county superintendent in writing a description of the 
 lands, to whom rented or leased, the time when due and 
 liow the payment is secured. It shall be the duty of the 
 county superintendent, as soon, as this report is received 
 by him, to file the same in his office, and to report to the 
 superintendent of education aJl the facts contained in the 
 
33 
 
 report of the township trustees. It shall be the duty of 
 the township trustees when money is paid to them on 
 such rentings or leases to report at once the amount, and 
 on what account paid, to the county superintendent, 
 whose duty it shall be to report the same to the superin- 
 tendent of education, being careful to give the number of 
 the toAvnship and range and for what year the rental or 
 lease money was paid. 
 
 3635. Election as to sale of school lands. — The town- 
 ship trustees of any township may, on giving twenty 
 days' notice by advertisement in three of the most public 
 places therein, hold an election to ascertain the sense of 
 the township respecting the sale of school lands belong- 
 ing thereto, and may appoint the place where such elec- 
 tion is to be held; and three inspectors to manage the 
 same. 
 
 [Tankersly v. State Bank, 6 Ala. 277.] 
 
 3636. Oath of inspectors of electian. — The inspectors, 
 before holding such election, must take an oath to con- 
 duct the same fairly, which may be administered by one 
 to the other ; and they must appoint clerks. 
 
 3637. Absence of inspectors. — If any inspectors are 
 absent, those present may supply their places, and if 
 none attend, any three freeholders or householders of 
 the toAvnship may act. 
 
 3638. Polls. — The polls are to be opened at eleven in 
 the morning and closed at five in the afternoon. 
 
 3639. Manner of voting. — Voters may prepare their 
 OAvn ballots, notwithstanding any general law to the con- 
 trary, and must write thereon, "Sale," or "No Sale," and 
 deposit them in the ballot box; and the inspectors, after 
 ascertaining the result, must certify the same to the 
 township trustees, who must declare the result. 
 
 3640. // majority for sale, survey made, and mini- 
 fnum price fixed. — If, on such election, a majority of the 
 
 2 
 
34 
 
 legally qualified voters of the township, voting thereat, 
 are in favor of a sale, the township trustees must have 
 the lands surveyed and divided into lots so a» to com- 
 mand the highest price, have a plat of such survey made, 
 and, being sworn to fairly value such lots, fix a minimum 
 price upon each. 
 
 3641. Plat to be kept open to inspection. — Such plat, 
 with the minimum price marked upon each lot, is to be 
 kept by the township trustees open to the inspection of 
 all persons desiring to examine the same. 
 
 3642. Notice of sale. — As soon as the lands are sur- 
 veyed, the township trustees must give thirty days' no- 
 tice of the time and place of sale by advertisement at 
 three public places in the township and in such other 
 mode as. they may think proper. 
 
 3643. Sale at public auction: terms of sale. — On the 
 day appointed for the sale, between the hours of eleven 
 in the morning and two in the aftrnoon, each lot must 
 be offered separately, and sold at public auction to the 
 highest bidder at or above the minimum price. If such 
 minimum price is fifty dollars, or under, the sale must 
 be for cash ; if the minimum price is over fifty dollars, 
 but not more than one hundred and fifty dollars, the sale 
 must be on a credit of one year, unless the amount bid 
 for the lands should exceed one hundred and fifty dol- 
 lars, in which event the sale must be on a credit of one 
 and two years, in equal annual installments; if the min- 
 imum price or the amount bid for the lands, is one hun- 
 dred and fifty dollars, or over, but less than three hun- 
 dred dollars, the same must be on a credit of one and two 
 years, in equal annual installments; if the minimum 
 price, or the amount bid for the lands is over three hun- 
 dred dollars, bull less than five hundred dollars, the sale 
 must be on a credit of one, two, and three years, in equal 
 annual installments; and if the minimum price, or the 
 amount bid for the lands, is five hundred dollars, or more 
 the sale must be on a credit of one, two, three and four 
 years, in equal anual installments; when the sale is on 
 
35 
 
 a credit the purchaser must give his notes, with two or 
 more sureties, approved by the township trustees, pay- 
 able to the State of Alabama, for the use of the township, 
 designating it by its number and range, and specifying 
 by the legal subdivisions, the particular portion or por- 
 tions of the section for which the notes are given. All 
 notes for purchase of school lands, sold under the pro- 
 visions of this article, must bear interest at the rate of 
 eight per cent, per annum from date. 
 
 3644. Provisions directory, — The provision of this 
 article in relation to the sale of school lands, must be 
 construed as directory only. 
 
 3645. Report of sale, disposition of purchase money 
 and notes. — The township trustees, within twenty days 
 after such sale, must make return thereof to the superin- 
 tendent of education, specifying the date of the sale, the 
 names of the purchasers, the quantity and a particular 
 description of the land sold to each, the price paid, or to 
 be paid, by each purchaser, and the amount of the pur- 
 chase money retained to defray the expenses of the sur- 
 vey and sale ; and they must, at the same time, pay over 
 to the superintendent of education all the money which 
 may have been received by them as purchase money for 
 such lands, after deducting such amount as they may be 
 allowed by law to retain to defray the expenses of the 
 survey and sale ; and also, at the same time, turn over to 
 the superintendent of education all notes which may 
 have been taken by them for such lands ; and the superin- 
 tendent of education must give them a receipt for such 
 money and notes, and file the return and notes in his 
 office and make proper record of the notes. 
 
 3646. Resale of lands. — If any purchaiser fails to 
 make the payment, or to give notes with approved 
 sureties, as required, the land bid off to him must be 
 immediatelv resold, if practicable, but if it is not prac- 
 ticable to make the resale at once, it must be advertised 
 and resold at a future day, as if no sale had been made ; 
 and the first purchaser shall be responsible for the differ- 
 
36 
 
 ence between his bid and the amount for which the land 
 is subsequently sold, if such amount is less than the bid 
 of such first purchaser. 
 
 3647. Certificate of purchase. — The township trus- 
 tees on receiving from the purchaser the cash payment, 
 and his notes for the deferred payments, must give to him 
 a certificate of purchase, describing the land purchased, 
 and showing the number of acres, and the amount of the 
 purchase money. 
 
 3648. Effects of certificate of purchase. — Such certi- 
 ficate conveys to the purchaser, his heirs, or assigns, a 
 conditional estate in fee, to become absolute on the pay- 
 ment of the purchase money and interest, and to revert 
 to the State for the uses originally granted in the follow- 
 ing cases: 
 
 1. When all the notes have become due, and the 
 makers have left the State, or died insolvent. 
 
 2. Wheu a recovery on such notes is defeated by any 
 defense avoiding the contract of sale. 
 
 3. When a recovery is had against all the makers, 
 and execution has been returned "no property" by the 
 proper ofl&cerS of the county in which the township lies ; 
 or when judgment is had, and execution returned against 
 any one or more or such makers "no property," and the 
 others have left the State, or died insolvent. 
 
 3649. Revesting of title; clerk to certify facts; pen- 
 alty for failure; costs. — No proceeding is necessary to 
 revest the title in the State on the happening of the 
 events specified in the preceding section, but such lands 
 may be recovered in the name of the State, for the use 
 of the township, against any person In possession of the 
 same, upon proof of the facts; and it is the duty of the 
 clerk of the court in which the suit was pending, or the 
 judgment recovered, to certify the facts to the superin- 
 tendent of education, on the happening of the events 
 specified in the second and third subdivisions of the pre- 
 ceding section, and falling to do so mthin a reasonable 
 time he forfeits the sum of one hundred dollars; one- 
 
37 
 
 half to the person suing for the same, and the other to 
 the State for the use of he toAvnship. When no money 
 is recovered in suits on notes for the purchase money of 
 school lands no cost must be taxed against the township 
 for such suits. 
 
 3650. Compensation to township trustees; penalty 
 for certain defaults. — For holding the election and mak- 
 ing the sale as provided in this article, the township 
 trustees shall be entitled to two dollars each, which, to- 
 gether with the amount which may be allowed by law 
 to the county surveyor for making the surveys and plats 
 herein provided for, shall be retained by them out of the 
 purchase money for the lands; and purchasers shall, in 
 all cases, pay enough cash to defray' such expenses; and 
 if the township trustees fail to return the sale, or pur- 
 chase money notes, or to pay over the money received on 
 account of purchase money, to the superintendent of ed- 
 ucation, as required by law, he shall forfeit one hundred 
 dollars, one-half to the person suing for the same, and 
 the other to the State for the use of the township ; and 
 on the trial, the certificate of the superintendent as to 
 such failure is presumptive evidence thereof. 
 
 3651. Fines go to school fund. — The amount received 
 by the State upon recoveries, had under the last two pre- 
 ceding sections, is to be added to the principal of the 
 school fund of the township. 
 
 3652. Patent. — A patent issues, on the payment of 
 the purchase money, to the purchaser, his heirs, or as- 
 signs, and when the patent is to the heirs, it vests a title 
 in all persons entitled to claim in that capacity under 
 the provisions of this code. 
 
 3653. Issue of patent by Secretary of State; correc- 
 tion or mistake. — The Secretary of State must issue pat- 
 ents, upon satisfactory evidence furnished him of full 
 payment of purchase money, to any person, agent or 
 officer, legally authorized to receive such payment; and 
 upon proof of a mistake in the issue of any patent, he 
 
38 
 
 must correct the same, or issue a new patent on the re- 
 turn of the original to his office. 
 
 3654. Issue of patents in other cases. — Except under 
 the provisions of the preceding section, no patent must 
 issue without the certificate of the superintendent of ed- 
 ucation that the whole amount of the purchase money 
 specified in the certificate, with all interest thereon, has 
 been paid. 
 
 3655. Collection of past-due notes. — All notes for 
 school lands deposited with the superintendent of edu- 
 cation, if not paid within six months after maturity, 
 must be placed with the attorney-general for collection ; 
 but this section shall not be so constructed as to prevent 
 the superintendent of education from ordering suit on 
 notes at any time after maturity, when so ordered by the 
 township trustees, or the sureties on the notes. 
 
 3656. Appointment of agents fm' collection of notes. 
 The attorney-general may appoint agents for the collec- 
 tion of such notes, beng' responsible for any neglect on 
 the part of such agents. 
 
 3657. Township credited with collection on notes. 
 All collections on notes given for the sale of school lands 
 must be paid into the treasury of the State, to the credit 
 of the proper township. 
 
 3658. Proceeds of school lands covered into the treas- 
 ury; faith and credit of the State pledged for payment 
 of interest. — ^All funds now in the State treasury derived 
 from the sale of sixteenth section or other school lands, 
 or which may hereafter accrue from sales of such lands, 
 together with the redemption money of other lands in 
 which former accumulations have been invested under 
 an act approved March 1, 1881, entitled "An act to au- 
 thorize the compromise and settlement of claims for 
 school lands in this State,'' are covered into the State 
 treasury and made available for general purposes; and 
 the faith and credit of the State is pledged for the pay- 
 
39 
 
 ment of the interest on such fund to the public schools 
 of the State, at the rate of six per cent, per annum. 
 
 3659. Bmids when lands about to he sold are leased. 
 When any township trustees are about to sell or lease 
 any school lands, they must give bond with sufficient 
 sureties, payable to the State, in a sum to be fixed by 
 the county superintendent of education, equal to the 
 value of the school lands or the amount of the school 
 funds of their township, and with condition to discharge 
 their duties faithfully so long as they may continue in 
 office or discharge the duties thereof, which bond must 
 be approved by the county superintendent of education 
 and by him filed in his office. 
 
 3660. By whom duties as to lands perform when 
 toicnship divided. — When a township is divided into two 
 or more school districts the county superintendent of ed- 
 ucation, in appointing township trustees in such town- 
 ship, shall designate which of them shall discharge the 
 duties and exercise the poAvers conferred upon township 
 trustees touching the leasing, selling and control of 
 school lands in each school district. 
 
 Article XII. 
 
 LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 
 
 3661. ^ale of school indemnity lands authorized. — 
 The superintendent of education is authorized and em- 
 powered to sell and dispose of all the lands whch have 
 been heretofore or may hereafter be certified by the State 
 for the use and benefit of the several townships in which 
 there was a deficiency in the amount of land originally 
 certified in thei State for their benefit, subject to the ap- 
 proval of the Governor. 
 
 3662. Proceeds of sale; how disposed of. — The pro- 
 ceeds arising from such sales, after the payment of all 
 proper costs and expenses thereof, shall be, by the super- 
 
40 
 
 intendent of education paid into the State treasury to 
 the credit of the township to which the same may belong, 
 in the proportion of their interest therein. 
 
 3663. Notes taken hy superintendent of education 
 held until paid; when placed with the attorney-general. 
 All notes taken by the superintendent of education for 
 the purchase of such lands must be held by him until the 
 same are due, and if not then paid, may be placed with 
 the attorney-general for collection. 
 
 3664. Manner and terms of sale. — Such sales may be 
 made from time to time, at public or private sale, as in 
 the judgment of the superintendent of education shall 
 best promote the interest of the school fund of the State, 
 and shall be for cash, or part cash and part on time, as 
 the superintendent of education and the governor may 
 deem best; but in no case shall there be less than one- 
 fourth of the purchase money paid in cash, and the re- 
 mainder shall be payable in yearly installments to ex- 
 tend over a period of not more than three years, and 
 shall be secured by notes wth sureties to be approved by 
 the superintendent of education and shall bear interest 
 from the date of the sale. 
 
 3665. Lease of school indemnity lands'. — The super- 
 intendent of education may, with the approval of the 
 Governor, lease out any of such lands for a term not ex- 
 ceeding five years, or may enter into contracts permitting 
 persons to mine ore, coal or other minerals therefrom, 
 upon a royalty, for a term not exceeding twenty years; 
 and the net proceeds of all moneys received from the 
 lease of such lands, or as a, royalty for the minerals 
 mined therefrom, shall at the end of each fiscal year be 
 paid into the State treasury to the credit of tJie town- 
 ships to which such lands belong, in the proportion of 
 their interest therein. 
 
 3666. Provisions applicable. — The provisions of the 
 preceding article relating to trespasses upon school land 
 
41 
 
 resale, certificate of purchase, revesting title, patent, and 
 the collection and application of proceeds of sales, apply 
 to sales under this article so far as applicable. 
 
 T>AWS NOT IN CODE OF 1896. 
 
 An Act 
 
 To establish a uniform system for the examination and 
 licensing of teachers of public schools. Approved 
 February 10, 1899 ; amended February 8, 1901. 
 
 Section 1. — Be it enacted hy the General Assembly of 
 Alabama, That there shall be constituted a State Board 
 of Examiners, to be composed of the Superintendent of 
 Education, who shall be President of the Board, and two 
 other persons to be appointed by him, who shall be teach- 
 ers of extensive experience and recognized ability. The 
 term of office of said board shall be co-equal with that of 
 tlie superintendent of education. 
 
 Sec. 2. {As Amended). — Be it further enacted, That 
 the said State Board of Examiners shall meet during the 
 months of November and May of each year, and shall 
 prepare questions fgr the examination of teachers . 
 
 Sec. 3. (As amended). — Be it further enacted, That 
 the President of the State Board of Examiners shall 
 cause lists of the questions so prepared to be printed, and 
 shall on or before the 15th day of December and June of 
 each year send to each person appointed to conduct ex- 
 aminations in the counties of the State a sufficient num- 
 ber of the lists of questions so prepared and printed for 
 the conducting of the examinations in their respective 
 counties as hereinafter provided; that the questions so 
 sent shall be enclosed in a sealed envelope, on the back of 
 which shall be plainly written or printed the words, 
 ^'Questions for the examination of teachers." The seal 
 of said envelope shall not be proken except as herein- 
 after provided. 
 
 Sec. 4. (As amended). — Be it further enacted, That 
 the first Mondays in January and July be appointed for 
 
42 
 
 the examination of teachers. The examination may be 
 continued from day to da}^ for three consecutive days, if 
 such continuance shall be necessary for the completion 
 of the work of examination, but no examination shall be 
 begun on any other day than the first day mentioned in 
 this section. No examination shall be held at any other 
 time. Provided, that the State Board of Examiners may 
 hold, at the Department of Education in Montgomery, 
 special examinations for the benefit of persons who are 
 prevented from taking the regular examinations by sick- 
 ness, absence from the State, or other unavoidable cause. 
 Each person taking a special examination shall pay the 
 State Board of Examiners a fee of five dollars. Special 
 examination shall be equal in all respects to the regular 
 examination. Pro\dded, further, that in order to accom- 
 modate normal school pupils who are required by this 
 act to take State examination, the State Board of Exami- 
 ners may hold at such times and places as they may deem 
 advisable an examination for these pupils, and at such 
 examination the regular fees shall be paid by applicants, 
 and no person not a bona fide matriculate of a normal 
 school shall be admitted to the examination. 
 
 Sec. 5. (As amended). — Be it further enacted, That 
 the regular examination shall be conducted in each 
 county by the county superintendent of education of the 
 same, unless for good and substantial reasons the said 
 State Board of Examiners shall deem it best to select for 
 this service another person appointed for that purpose 
 by the State Board of Examinei*s, and if he shall be una- 
 ble, by reason of sickness, or other unavoidable necessity 
 to conduct the same, then by some other competent per- 
 son appointed for that purpose by him. Said examina- 
 tion shall begin at 10 o'clock a. m., of the day appointed 
 by Section 4 of this act at which hour the person ap- 
 pointed to conduct the examination shall, in the pres- 
 ence of the applicants for the examination, break the 
 seal of the envelope containing the lists of questions, and 
 shall distribute the questions among the applicants. All 
 the applicants shall undergo the examination in the 
 same room, or in sight of the person appointed to con- 
 duct the examination. Provided, that the provisions of 
 
43 
 
 this act referring to the special examination of normal 
 school students shall apply only to those who had grad- 
 uated prior to the passage of this act. 
 
 Sec. 6. (As amended). — Be it further enacted, That 
 each applicant for examination shall, before entering 
 upon the examination, deposit with the person appoint- 
 ed to conduct the examination an examination fee as 
 follows. An applicant for a third grade certificate, a fee 
 of one dollar ; an applicant for a second grade certificate, 
 a fee of one and a half dollars ; and applicant for a first 
 grade certificate, a fee of two dollars; an applicant for a 
 life certificate, a fee of three dollars. The fees received 
 from the examination of teachers at regular examina- 
 tions shall be paid into the State treasury to the credit 
 of the educational fund, and the State auditor shall, on 
 the requisition of the superintendent of education, issue 
 warrants on the State treasurer to be paid out of the ed- 
 ucational fund, for the purpose of carrying out the pro- 
 visions of this act, such as the payment of expenses for 
 postage, for expressage, for clerk hire, for State Board of 
 Examiners only ; for the per diem of the State Board of 
 Examiners, for paying county conductors and for other 
 incidental expenses incurred in carrying out the provis- 
 ions of this act. The appointed members of the State 
 Board shall receive five dollars per day, including Sun- 
 days, for the time they are engaged in conducting the 
 examination of teachers under this act. The county su- 
 perintendent or person appointed to conduct the examin- 
 ation in each county shall receive ten dollars for his ser- 
 vices in conducting each examination. Provided, that 
 as the available educational fund was apportioned Octo- 
 ber 1, 1900, an amount equal to the balance after deduct- 
 ing the expenses received from the examination fees, 
 since March 1, 1899, shall be immediately available from 
 the educational fund for the purpose of paying the ex- 
 penses provided for in this act. 
 
 Sec. 7. Be it further enacted, That teachers on ex- 
 amination shall not be permitted to sit near enough to 
 each other to read each other^s papers, and no teacher on 
 examination shall receive any assistance from any 
 person, or by reference to any book, map, chart or from 
 
44 
 
 any source, and no person shall be licensed to teach who 
 shall endeavor to procure any assistance. And each 
 teacher so examined shall, upon_the completion of his ex- 
 amination, sign a statement that he has not received any 
 assistance in said examination from any source; which 
 statement shall be kept on file by the county superin- 
 tendent of education. 
 
 Sec. 8. (As amended). — Be it further enacted, That 
 unless the applicant is known to the person appointed to 
 conduct the examination to be of good moral character, 
 or shall make satisfactory proof of the same, which proof 
 shall be in writing, he shall not be admitted to the ex- 
 amination. Any one ,who habitually uses profane lan- 
 guage or intoxicants shall be deemed of immoral char- 
 acter. 
 
 Sec. 9. (As amended). — Be it further enacted, That 
 there shall be grades of teachers' certificates, besides the 
 life certificate hereinafter provided, to be known as cer- 
 tificates of the first, second and third grades, each of 
 which must show the branches in which the holder has 
 been examined, his relative attainments therein and his 
 general average. In no case shall an applicant for a cer- 
 tificate receive the same who fails to ansAver fifty per 
 cent, of the questions propounded in any branch and 
 whose general average is below seventy-five per cent. 
 Every teacher in the public school must obtain a certifi- 
 cate prior to his employment. 
 
 Sec. 10. — Be it further enacted, That applicants for 
 third grade certificates shall be examined in the follow- 
 ing branches:* Orthography, reading, penmanship, 
 grammar, practical arithmetic through fractions, prima- 
 ry geography, and the elementary principles of physiolo- 
 gy and hygiene [See page 78 of this pamphlet] ; and ap- 
 plicants for second grade certificates shall be examined 
 in all the foregoing branches, and also in practical arith- 
 metic, history of Alabama, history of the United 
 States, English grammar and composition, and in- 
 termediate geography; and applicants for first 
 grade certificates shall be examined in all the fore- 
 going branches and also in algebra, natural philosophy, 
 geometry, the school laws of Alabama, and theory and 
 practice of teaching. 
 
 Agriculture was added to the third grade branches Oct. 10, 1903. 
 (See page 78 this pamphlet.) 
 
45 
 
 Sec. 11. — Be it further enacted, That in all examina- 
 tions under this act the answers shall be written on legal 
 cap paper with pen and ink. The subject or branch 
 shall be plainly written on the top of the page, and the 
 answers shall iDe numbered to correspond with the ques- 
 tions. 
 
 Sec. 12. (As amended). — Be it further enacted, That 
 when an applicant shall have completed his examination 
 he shall write his name and address on each paper of the 
 same, and deliver the same to the person appointed to 
 conduct the examination, who shall enclose the papers of 
 each applicant in a separate envelope, together with his 
 certificate of good moral character of the applicant or 
 the Avritten proof of he same, on which he admitted the 
 applicant to examination, and shall transmit the same 
 to the Secretary of the State Board of Examiners with- 
 out delay. 
 
 Sec. 13. — Be it further enacted, That the State Board 
 of Examiners shall examine the papers coming to it un- 
 der the provisions of the preceding section, as expedi- 
 tiously as possible, and shall mark upon each paper the 
 teachers' grade in that branch according to the correct- 
 ness or approximate correctness of the ans^wers, and if, 
 upon such examination, it appears that the applicant is 
 entitled to receive a certificate, the Secretary of the 
 Board shall prepare a certificate in conformity with Sec- 
 tion 9 of this act. Said certificate shall be signed by the 
 Secretary of the State Board of Examiners and the Su- 
 perintendent of Education and shall be transmitted to 
 the teacher* entitled to the same. 
 
 Sec. 14. (As amended). — Be it further enacted, That 
 all examination papers shall be kept on file in the office 
 of the Superintendent of Education subject to public in- 
 spection for six months. That any person who purloins, 
 steals, buys, receives, sells, gives or offers to buy, give or 
 sell any examination questions or copies thereof before 
 the date of the examination for which they had been pre- 
 pared, shall be guilty of a misdemeanor, and upon con- 
 viction thereof, shall be fined not less than one hundred 
 dollars, and may also be sentenced to hard labor for the 
 county for not less than six months. 
 
46 
 
 Sec. 15. — Be it further enacted^ That certificates 
 granted under the provisions of this act shall entitle 
 their holder to teach in the public schools of any county 
 in this State for the following periods of time : A third 
 grade certificate, two years ; a second grade certificate, 
 four years; and a first grade certificate six years from 
 the date of issuance of the same. 
 
 Sec. 16. (As amended). — Be it further enacted, That 
 no teacher shall be granted a second grade certificate 
 more than; twice. 
 
 Sec. 17. — Be it further enacted. That whenever any 
 teacher applying for a certificate shall make proof that 
 he has been engaged for ten years in teaching under first 
 grade certificates, which proof the county superintend- 
 ent of education shall transmit to the State Board of Ex- 
 aminers, and shall show a high degree of proficiency and 
 professional attainment, such teaqher may be granted a 
 life certificate, signed as prescribed for other certifi- 
 cates; Provided, that any teacher holding a life certifi- 
 cate shall forfeit the same by leaving off the business of 
 teaching for five consecutive years. 
 
 Sec. 18. — Be it further enacted, That the Superintend- 
 ent of Education shall have the poAver, and it is hereby 
 made his duty to revoke the certificate of any teacher 
 who shall be guilty of immoral conduct, or unbecoming 
 or indecent behavior. 
 
 Sec. 19. (As amended). — Be it further enacted, That 
 the Secretary of the State Board of Examiners is hereby 
 required to keep a register of all teachers examined and 
 licensed under this act, showing the name and postoffice 
 address of each teacher and the date and grade of his cer- 
 tificate, and keep the same on file in the office of the 
 State Superintendent of Education, and he shall devote 
 his time, when not engaged in the work of examining 
 teachers, to clerical work in the Department of Educa- 
 tion. 
 
 Sec. 20. (As amended) . — Be it further enacted, That 
 the provisions of this act as to the time of holding ex- 
 aminations shall not be effective until the first day of 
 April, 1901; provided, that the provisions of this act 
 shall not be construed as to apply to separate school dis- 
 
47 
 
 tricte of two thousand inhabitants or more, having au- 
 thority at present by their charters to examine their 
 teachers. 
 
 Sec. 21. (As amended). — Be it further enacted, That 
 all laws and parts of laws, both general and special, in 
 conflict with the provisions of this act, are hereby re- 
 pealed. 
 
EULES OP^ THE STATE BOARD OF EXAMINERS. 
 
 (These rules are based on the Attorney-General's in- 
 terpretation of the laAv. ) 
 
 First. — The provisions of the examination law do not 
 apply to separate school districts of two thousand inhab- 
 itants or more, having authority February 8, 1901, by 
 their charters to examine their teachers. 
 
 Second. — Teachers in State schools, acting under sp^^ 
 cial charters giving exclusive control of such school to 
 their boards of trustees, are not subject to examination 
 unless the school shall receive township or district 
 funds, in which case those who teach any of the common 
 school branches and those who share in the distribution 
 of the toAvnship or district funds shall procure a certi- 
 ficate. 
 
 Third. — All teachers in the public schools of the State, 
 regardless of diplomas held, except those exempted by 
 rules 1 and 2, are hereby subject to examination. 
 
 Fourth. — All teachers in the public schools of the 
 State, whether principals or assistants, must hold certifi- 
 cates at the time they begin teaching. Contracts con- 
 ditioned on the teacher's procuring a certificate at a sub- 
 sequent examination are illegal, and public funds paid 
 under them will be charged to the county superintend- 
 ent. 
 
 Fifth. — Applicants for first or second grade certifi- 
 cates failing to make the necessary percentage to obtain 
 a certificate in the grade applied for, but making the 
 requisite percentage in the branches required for a lower 
 grade certificate, may be granted such lower grade cer- 
 tificate. 
 
 Sixth. — Teachers who procure a low grade certificate 
 may apply for a higher grade certificate at any subse- 
 quent examination, but must take the full examination 
 of the grade for which they apply; Provided, that teach- 
 
49 
 
 ers who hold unexpired second grade certificates may ap- 
 ply for a first grade by taking an examination in Alge- 
 bra, Geometry, Physics, Theory and Practice of Teach- 
 ing and School Laws of Alabama, (also Agriculture if 
 the second grade certificate was issued prior to January, 
 19C5) ; and, teachers holding unexpired third grade cer- 
 tificates may be exempted from taking the examination 
 on Penmanship, Orthography, Reading and Physiology 
 (also Agriculture if the third grade certificate shows 
 that the applicant has passed a satisfactory examination 
 in this branch) in making application for a higher grade. 
 In every instance the second and third grade certificates 
 must be filed with the examination papers. 
 
 Seventh. — Special examinations at Montgomery may 
 be allowed as follow s : 
 
 (a) To those applicants who were prevented from 
 taking the last regular examination on account of sick- 
 ness, absence from the State, or other unavoidable 
 cause. 
 
 (b) A Second or Third Grade examination may be 
 allowed those First Grade applicants who fail, and sub- 
 stituted their unexpired Second Grade certificates for 
 the Second and Third Grade branches. 
 
 (c) A Third Grade examination may be allowed 
 those applicants who make application for a higher 
 grade and fail or Second Grade arithmetiCj Second 
 Grade grammax, or Second Grade geography. 
 
 In all special examinations a fee of five dollars is re- 
 quired. Application blanks for these examinations will 
 be furnished by the Department of Education. 
 
 Eighth. — Whenever there is evidence from the papers 
 that applicants have been in communication or that as- 
 sistance has been obtained from any source, the applica- 
 tions of all parties concerned will be rejected. 
 
 Ninth. — Teachers who have taught ten years under a 
 first grade certificate in Alabama, and who shall show 
 a high degree of proficiency and professional attainment 
 may be granted a first grade certificate for life. The 
 proof of time taught shall be furnished the State Board 
 of Examiners, through the county superintendent, and 
 may be made as follows : 
 
50 
 
 a. By exhibiting to the State Board of Examiners 
 their former licenses. 
 
 b. By affidavit from the applicant that he has held a 
 first grade license for ten years. 
 
 PROOF OF PROFICIENCY AND PROFESSIONAL ATTAINMENT. 
 
 An applicant for a life certificate, as evidence of profi- 
 ciency and professional attainments, shall, at the time 
 of the regular examination, through the county superin- 
 tendent, furnish to the State Board of Examiners : 
 
 a. A sketch not exceeding five hundred words in 
 length of his school work the last ten years. 
 
 b. A thesis on some subject pertaining to the Theory 
 and Practice of Teaching, not exceeding six hundred 
 words in length. The subject for said thesis shall be as- 
 signed by the State Board of Examiners as questions are 
 assigned to other applicants. 
 
 c. Testimonials from three educators of recognized 
 standng that he has a good character, and has shown a 
 high degree of proficiency and professional attainment. 
 
 Tenth. — In the future the State Board of Examiners 
 will not grant a life certificate to an applicant who has 
 not taught since February 10, 1899 ; or, to one who has 
 been granted a lower grade than that of a first grade cer- 
 tificate since that time, unless at some subsequent exam- 
 ination the applicant was granted a first grade certifi- 
 cate. 
 
INSTEUCTIONS REGARDING EXAMINATION 
 
 LAW. 
 
 Examinations will be held in each county of the State 
 beginning on the first Monday in January and July and 
 may continue three days. Regular examinations will be 
 held at no other time. 
 
 1. It is the duty of the State Board of Examiners to 
 prepare questions and furnish them to county superin- 
 tendents, to examine and grade the papers and to issue 
 certificates to teachers. 
 
 2. On the day set for the examination, the county 
 superintendent shall at 10 o'clock a. m., in the presence 
 of the applicants, break the seal of the package contain- 
 ing the questions. He shall, unless some other person 
 has been appointed by the State Board of Examiners con- 
 duct the examination, unless he shall be unable to do so 
 by reason of sickness or other unavoidable necessity, in 
 which case the examination shall be conducted by some 
 competent person appointed by him. All appli- 
 cants shall undergo the examination in the same room, 
 or in sight of the superintendent or other person ap- 
 pointed by him to conduct the examination. (Two 
 rooms with connecting door or doors maybe used). 
 The sum of ten dollars is allowed each county superin- 
 tendent for conducting the examination. 
 
 3. No applicant shall sit near enough to another to 
 read his paper. No applicant that receives, gives or en- 
 deavors to procure or give assistance directly or indi- 
 rectly will be granted a certificate, and it is the duty of 
 the county superintendent or other person appointed to 
 conduct the examination to advise the State Board of 
 Examiners if this rule is violated. 
 
 4. Unless the applicant is known to the county super- 
 intendent of education to be of good moral character, he 
 shall make satisfactory proof of the same in writing and 
 
52 
 
 without such proof he shall not be admitted to exam- 
 ination. Any one who habitually uses profane language 
 or intoxicants is, by the law, deemed of immoral charac- 
 ter. The proof submitted by the applicant or the county 
 superintendeiit's certificate must accompany the examin- 
 ation report. 
 
 5. When the examination is completed, each appli- 
 cant shall sign a certificate that he has neither given nor 
 received any assistance in the examination ; which state- 
 ment shall be kept on file by the county superintendent. 
 
 6. Answers must be written on legal cap paper with 
 pen and ink. (All stationery to be furnished by the 
 applicant. ) That the paper in each county may be uni- 
 form in size, color, quality, etc., each county superintend- 
 ent is advised to procure a supply and furnish it to 
 teachers at a reasonable price. 
 
 The subject or branch must be plainly written at the 
 top of the page, and each answer numbered to corre- 
 spond with the question. On each paper of his examina- 
 tion the applicant must write his name and address. 
 When thei examination is completed the county superin- 
 tendent must immediately forward the papers to the Sec- 
 retary of the State Board of Examiners, at Montgomery. 
 The papers of each applicant must be in a separate en- 
 velope and sealed, on which should be written his full 
 name, address, color, sex and for what grade applying. 
 County superintendents will be allowed to deduct from 
 fees received the amounts necessary to send papers to 
 Secretary of Board. 
 
 7. The county superintendent or examiner must 
 make out a list of all applicants and place opposite the 
 name of each applicant the grade applied for, color and 
 sex of the applicant. This list must he sent under sep- 
 arate cover to the Secretary of the Board of Examiners. 
 
 8. Applicants shall, before starting upon the exami 
 ination, deposit Avith the county superintendent or 
 other person appointed to conduct the examination, fees 
 as follows: For third grade, one dollar; for second 
 grade, one and one-half dollars; for first grade, two dol- 
 lars ; for life certificate, three dollars. The fees shall be 
 paid into the State treasury to the credit of the public 
 school fund. 
 
 9. Four grades of certificates will be issued, viz: 
 first, second, third and life. A third grade certificate is 
 
53 
 
 good for two years; a second for four years; a first for 
 six years; a life for life. Second grade certificates will 
 be issued to the same teacher but twice. Life certificates 
 will be issued under rule 8. 
 
 10. Applicants for third grade certificates will be ex- 
 amined on the following branches: Orthography, read- 
 ing, penmanship, grammar, practical arithmetic through 
 fractions, primary geography, the elementary prin- 
 ciples of physiology and hygiene, and *agriculture ; ap- 
 plicants for second grade certificates Avill be examined in 
 all the foregoing branches, and also in practical arithme- 
 tic, history of Alabama, history of he United States, En- 
 glish grammar and composition, and intermediate geog- 
 raphy; applicants for first grade certificates will be ex- 
 amined in all the foregoing branches, and also in alge- 
 bra, natural philosophy, plane geometry, school laAvs of 
 Alabama, and the theory and practice of teaching. 
 
 11. The examination in penmanship will be of such a 
 nature that a teacher who is familiar with any system 
 can take it. 
 
 12. Letters or papers of any other character should 
 not be enclosed with answer papers. 
 
 13. Applicants who are absent at the beginning of 
 the examination must not be admitted to the examina- 
 tion. 
 
 14. Superintendents shall distribute questions on a 
 given subject to all applicants at the same time, and no 
 other questions shall be distributed until all who are an- 
 swering these questions shall have completed and turned 
 in their papers. For instance, the third grade orthogra- 
 phy papers mil be distributed, and no other third grade 
 questions will be distributed until all third grade appli- 
 cants have completed orthography. So with the other 
 subjects. The schedule sent to the superintendent or ex- 
 aminer by the Board of Examiners must be strictly ad- 
 hered to in conducting the examination. If an appli- 
 cant absents himself from the room before any subject 
 is competed he will hand in his paper on that subject, 
 which will be his examination. 
 
 15. No question prescribed by the State Board of Ex- 
 aminers shall be set aside, nor shall queries regarding 
 
 *See Paige 78 of this Pamphlet. 
 
54 
 
 the interpretation of questions be answered by the coun- 
 ty superintendent or examiner. 
 
 16. In case the county superintendent wishes to take 
 the examination, he will appoint some other competent 
 person to conduct the examination, and this person so 
 appointed shall have all the powers and duties of the 
 county superintendent as to collecting fees, papers, etc., 
 and returning the answer papers to the Secretary of the 
 State Board of Examiners. It is suggested whenever a 
 county superintendent takes the examination, either for 
 a grade or life certificate, that he have nothing to do 
 with the papers, but that he turn the matter over entirely 
 to the person he appoints to conduct the examination. 
 
 17. The Board of Examiners suggests that white and 
 colored teachers be examined in separate rooms, with 
 connecting doors, if possible. 
 
 18. It will be necessary in a majority of counties for 
 the county superintendent to procure a room with desks 
 for the purpose of examination. The school buildings 
 or other suitable plaees can be easily obtained for this 
 purpose. 
 
 19. County superintendents will send to the Secretary- 
 of the State Board of Examiners the names of all teach- 
 ers in separate school districts who are exempt from ex- 
 amination under rule 1 of the State Board of Examiners, 
 where these districts draw their funds through them. 
 
 20. Under the law assistants as well as principals 
 will have to procure certificates, and county superintend- 
 ents are urged to see that no principal draws public 
 money unless all his assistants who teach common school 
 branches have certificates. This department will not ap- 
 prove pay rolls for principals unless the names of their 
 assistants are on the register on file in the department of 
 education. 
 
 21. County superintendents will give notice through 
 the county press, or in some other way, of the time and 
 place at which the examinations will be had. 
 
00 
 
 22. If it should happen that not enough papers on 
 any subject have been sent, county superintendents, or 
 other person appointed to conduct the examinations, Avill 
 allow the papers to be passed among the applicants. 
 STATE BOAED OF EXAMINERS: 
 
 Isaac W. Hill, President, 
 Wm. F. Feagin, Secretary, 
 J. NiCHOLENE Bishop, Member. 
 
 An Act 
 
 To fix the minimum length of the term of the free pub- 
 lic schools in the State of Alabama. 
 
 Section 1. — Be it enacted by the. General Assembly 
 of Alabama, That the free public schools of the State 
 shall be kept open absolutely free of tuition fee to those 
 entitled to share in the distribution- of the common 
 school fund, for a period of at least five scholastic 
 months in each scholastic year. 
 
 Sec. 2. — Be it further enacted, That it shall be unlaw- 
 ful for any township or district trustee to make or any 
 county superintendent of education to approve a con- 
 tract for a less period than five months, provided that 
 contracts for unexpired terms may be made for a less 
 period; provided, that where it is found absolutely im- 
 practicable to make the t^rm five months, trustees may, 
 with the consent of the county superintendent and the 
 approval of the State superintendent of education, make 
 the term for not less than four scholastic months. 
 
 Sec. 3. — Be it further enacted, That the object of this 
 act is to set the minimum length of the term for which a 
 contract to teach the free public schools of the State can 
 be made, and it shall be the duty of trustees and county 
 superintendents to make the terms longer whenever and 
 wherever it is possible. 
 
 Sec. 4, — Be it further enacted. That all laws and parts 
 of laws in conflict with the provisions of this act be and 
 the same are hereby repealed. 
 
 Approved March 5, 1901. 
 
56 
 
 An Act 
 
 To repeal section 3586 of the Code of Alabama, and to 
 require holders of diplomas or certificates of 
 proficiency from the State Normal Schools and 
 Colleges, or from other schools and colleges, to 
 undergo the State examination for license to 
 teach in the public schools before teaching in the 
 public schools of the State of Alabama. 
 
 Section 1. — Be it enucted hy the General Assembly of 
 Alabama^ That on and after the passage of this act Sec- 
 tion 3586 of the Code of Alabama be and the same is 
 hereby repeaed. 
 
 Sec. 2. — Be it f mother enacted, That all holders of di- 
 plomas or certificates of proficiency from the Alabama 
 State Normal Schools! or Colleges, or from other schools 
 and colleges, must undergo successfully the regular 
 State examination for teachers in the public schools be- 
 fore teaching the same. 
 
 Sec. Z.—Be it further enacted. That all laws and parts 
 of laws and special laws in conflict with this act, be and 
 tlie same are hereby repealed. 
 
 An Act 
 
 To amend Section 3602 of the Code of Alabama. 
 
 Section 1. — Be it enacted hy the General Assembly of 
 Alabama, That Section 3602 of the Code of Alabama be 
 ainended so as to read as follows, to-wit: 3602 (1005). 
 Contingent expenses and amount for normal school set 
 apart; residue apportioned. As soon as such certificate 
 is received by the superintendent of education, he shall 
 set apart out of the general fund a sufficient amount to 
 pay such expenses of the department of education as are 
 by law payable out of such fund, and also the follow- 
 ing amounts for the normal schools, to-wit: For the 
 
Ui 
 
 Normal Schools at Florence, Troy, Jacksonville, and at 
 Livingston, |10,000 each, and for the other normal 
 schools such sums as are provided by law ; and he shall 
 then apportion all the remainder of such fund, as nearly 
 as practicable, among the several townships and school 
 districts in the State, as hereinafter provided. 
 
 Sec. 2. — Be it further enacted^ That all laws and parts 
 of laws in conflict with this act be, and the same are here- 
 byq repealed. 
 
 Approved September 9, 1903. 
 
 FORMS TO BE USED IN THE SALE OR LEASE OF 
 SIXTEENTH SECTION LANDS. 
 
 [No. 1.] 
 
 NOTE GIVEN BY PURCHASER OF SCHOOL LANDS. 
 I 
 
 year after date, we either of us, prom- 
 ise to pay to the State of Alabama, for the use of town- 
 ship , range , in county, the 
 
 sum of dollars, with interest from date at 
 
 eight per cent, per annum, for the purchase of 
 
 (specify legal subdivsions) of section 
 
 sixteen of said township. 
 
 Witness our hands and seals, this dav of 
 
 \.. [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 Approved this .....] 
 
 day of 190.. J 
 
 ToAvnship Trustees Public Schools. 
 
58 
 
 [No. 2.] 
 
 The State of Alabama^ 
 
 County. 
 
 A. D. 190.. 
 
 The undersigned, township trustees of public schools 
 
 in and for township , range , in 
 
 said county, hereby certify that on the .... day of 
 
 A. D. 190. ., they proceed to sell at public outcry (all 
 the preliminary requisites "of the law in reference to 
 
 such sale having been complied with ) , Lot No 
 
 being the northeast quarter of northwest quar- 
 ter of section sixteen, in said township, containing 
 acres, and at said sale being the 
 
 highest bidder, became the purchaser of said tract, and 
 
 for the sum of dollars, for which he gave 
 
 his several notes, each for ^. .dollars 
 
 with interest from date of said sale, with 
 
 and as his sureties. 
 
 Township Trustees Public Schools. 
 [No. 3.] 
 
 REPORT OF SALE OF SCHOOL LANDS. 
 
 To 
 
 Superintendent of Education 
 
 for the State of Aabama. 
 The undersigned, Township Trustees of public schoolfs 
 
 in and for township. . . ., range , county, 
 
 Alabama, respectfully represent and report that on the 
 
 .... day of 190 . . . . , they proceeded 
 
 to sell at public outcry (all the preliminary requisites 
 of the law in reference to such sale having been complied 
 
 with) , Lot No being the (the northeast 
 
 quarter of northwest quarter of as the case may be) 
 
59 
 
 acres; that at said sale 
 
 being the highest bidder, became the purchaser of said 
 
 tract, at and for the sum of dollars 
 
 (said sum being at or above the ndnimum price fixed on 
 
 said tract) for which he gave his several notes, 
 
 each for dollars, with interest from 
 
 date of sale at eight per cent, per annum, with 
 
 and 
 
 as his sureties. That said paid in 
 
 cash the sum of dollars. The under- 
 signed retained the sum of dollars from 
 
 such cash payment to defray the expenses of the survey 
 
 and sale of said lands, and the balance to-wit: 
 
 dollars, together with said notes 
 
 above described, is herewith enclosed. 
 All of Avhich is respectfully submitted. 
 This dav of 190. . 
 
 Township Trustees Public Schools. 
 
 [No. 4.] 
 
 bond to be given by township trustees about to sell 
 or lease school lands. 
 
 The State of Alabama, 
 County. 
 
 Know all men by these presents. That we 
 
 are held and firmly 
 
 bound unto the State of Alabama in tlie sum of 
 
 dollars, for the payment of 
 
 ^^ liich well and truly to be made, we bind ourselves and 
 each of us, our and each of our heirs, executors and ad- 
 ministrators, jointly and severally, firmly by these pres- 
 ents. Sealed with our seals, and dated this day 
 
 of A. D. 190... 
 
 The condition of the above obligation is such that 
 whereas, the above bound were on 
 
60 
 
 the day of , appointed Town- 
 ship Trustees of public schools, in and for toTVTiship .... 
 
 range in said county; and whereas, the said. . . . 
 
 as such township trustees of pub- 
 lic schools, are about to sell (or lease) school lands of 
 said township. 
 
 Now, if the said as such 
 
 township trustees of public schools, shall discharge 
 their duty faithfully, so long as they may continue in 
 office, or continue to discharge any of such duties, then 
 ihis obligation to be void — otherwise to remain in full 
 force. 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 Taken and approved this, .day of . A. D. 190. . 
 
 County Superintendent of Education. 
 
 [No. 5.] 
 lease of school lands. 
 
 The State of Alabama, 
 County. 
 
 This agreement, made this .... day of 
 
 A. D. 190. . between and 
 
 , township trustees of 
 
 public schools in and for township . . . ., range . . . ., in 
 
 said county, and witnesseth, 
 
 that in consideration of dollars, to 
 
 be paid by said to the town- 
 ship trustees of public schools for said township, on the 
 
 day of A. D. 190 , and each year 
 
 thereafter during the continuance of the lease, for which 
 
 the said has given^ his several promissory 
 
 notes payable as aforesaid, and bearing even date with 
 
61 
 
 this instrument, the said township trustees have grant- 
 ed, demised, leased, and to farm let, unto the said 
 
 , his representatives and assigns, 
 
 section sixteen (or southeast quarter of the southwest) 
 quarter of section sixteen, as the case may be), in said 
 township, in said county and State ; to have and to hold 
 unto the said , his representatives and as- 
 signs, for the term of (not exceeding five) 
 
 years, from the .... day of 190 . . . The 
 
 said agrees to deliver up the 
 
 premises aforesaid with the appurtenances, on the last 
 day of the term, or other earlier termination of the es- 
 tate hereby granted, to the said township trustees or 
 their successors in oifice. In witness whereof, the said 
 parties have hereunto set their hands and seals the day 
 and year above written. 
 Attest : 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 [Seal.] 
 
 Township Trustees. 
 
62 
 
 No. 164.) AN ACT (S. 127 
 
 ^J'o create a Text-Book Commission, and to procure for 
 use in the public schools in this State a uniform se- 
 ries of text books; to define the duties and powers 
 of said commisssion and other officers ; to make an 
 appropriation for the carrying into effect this act, 
 and to provide punishment and penalties for the 
 violation of the same. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That the governor. State superintendent of edu- 
 cation, and three eminent teachers of the State, who 
 shall have a practical knowledge of the public school 
 system of the State and the methods of teaching therein, 
 to be appointed by the governor, shall be and hereby con- 
 stituted the School Book Commission of the State of 
 Alabama, whose duty it is to select and adopt a uniform 
 series or system of text-books for use in the public 
 schools of this State. Said commission is hereby au- 
 thorized, empowered, and directed to select and adopt a 
 uniform system or series of text-books for use in the 
 public schools in this State as above indicated, and when 
 so selected and adopted the said text books shall be used 
 for a period of five years in all the public schools of this 
 State, and it shall not be lawful for any school officer, 
 director or teacher, to use any other books upon the 
 same branches other than those adopted by said State 
 Text Book Commission. Said uniform series shall in- 
 clude the following branches of study, to-wit: Orthog- 
 raphy, reading, writing, arithmetc, geography, gram- 
 mar, language lessons, history of Alabama containing 
 the Constitution of the State, history of the United 
 States, physiology and hygiene, elementary geology of 
 Alabama, elementary principles of agriculture, ele- 
 ments of algebra, elements of plane geometry, elements 
 of -natural philosophy, bookkeeping, elements of civil 
 government, rhetoric and higher English, and such 
 
63 
 
 other branches of study as said commission may select 
 and designate; Provided, that none of said text books 
 shall contain anything of a partisan or sectarian charac- 
 ter. Before transaeting any business relating to the 
 duties of this commission they shall each take an oath 
 before some person authorized to administer oaths, to 
 faithfully discharge all the duties imposed upon them 
 as members of said school book commission, and that 
 they have no interest, direct or indirect, in any contract 
 that may be made under this act, and will receive no 
 personal benefit therefrom. 
 
 Provided, further, that for cities and towns having a 
 population of 5,000 or more, said commission may select 
 and designate such books and such branches of study as 
 the conditions existing in such cities arid towns may re- 
 quire. 
 
 Section 2. — There shall be a sub-commission of five 
 to be selected as follows: A president or member of 
 the faculty of one of the normal schools of the State; a 
 president or member of the faculty of one of the agri- 
 cultural schools; a superintendent of one of the city 
 schools; and two teachers of the common schools, each 
 one of whom shall be appointed by the governor. 
 
 Section o. — It shall be the duty of said sub-commis- 
 sion to report to the commission at such time said com- 
 mission shall direct, the books which they recommend 
 for adopton, arranging each book in its class or divis- 
 ion, and reporting them in the order of their merit, 
 pointing out the merits or demerits of each book, and in- 
 dicating w^hat book they recommend for adoption first; 
 what book is their second choice; and what their. third 
 choice, and so on, pursuing this plan, with the books 
 submitted upon each branch of study, and if said sub- 
 commission shall consider such books upon the same 
 subject, or of the same class or division of approxi- 
 mately equal m(Tit, all things being equally considered, 
 they shall so report, and if they consider any of the 
 li</o];s offered are of such class as to make them inferior 
 and not worthy of adoption, they shall in their report so 
 d(^signate such books, and in said report they shall make 
 j«uch recommendation and suggestions to the commis- 
 
64 
 
 sion as thej shall deem advisable and proper to make. 
 Said report shall be kept secret and sealed up and de- 
 livered to the secretary of the commission and said re- 
 port shall not be opened by any member of the commis- 
 sion until the commission shall meet in executive ses- 
 sion to open and consider the bids or proposals of pub- 
 lishers or others, desiring to have books adopted by said 
 commission. Each member of said sub-commission be- 
 fore entering upon the discharge of his duties, shall take 
 and subscribe an oath to honestly, conscientiously, faith" 
 fully, and to the best of his ability discharge said du- 
 ties, and that he is not directly or indirectly in any man- 
 ner interested in the proposed contract, nor in any books 
 or publishing concern publishing any books of the kind 
 or character contemplated for use in the public schools 
 of this or any other State, and that he will examine all 
 books submitted carefully and faithfully and make true 
 report thereon, as herein directed and prescribed, said 
 oath shall be filed in the office of said secretary of State. 
 Section 4. — Said text book commission shall herein 
 consider said report in its selection and adoption of the 
 uniform series of text books, and shall also themselves 
 consider the merits of each book, taking into considera- 
 tion their subject-matter, the printing, binding, mate- 
 rial and mechanical qualities, and their general suitabil- 
 ity and desirability for the purpose intended as well as 
 the price of said books, and they shall give great con- 
 sideration and weight to the report and recommendation 
 of said sub-commission; Provided, That no text-book, 
 the subject matter of which is of inferior quality, shall 
 be adopted by the text book commission. Said commis- 
 sion shall select and adopt such books as will, in their 
 best judgment, accomplish the ends desired, and they 
 are hereby authoiized and directed, in case any book or 
 books are deemed by them suitable for adoption and 
 more desirable than other books of the same class sub- 
 mil (ed, and they further consider the price at which the 
 books are offered to be unreasonably high and that they 
 should be offered at a smaller price, to immediately no- 
 tify the publisher or offer of such book or books of their 
 decision and request such reduction in price as they 
 
65 
 
 deem reasonable and just, and if the}^ and such pubisher 
 shall agree on a price they may adopt his book or books, 
 but if not they shall use their own sound judgment and 
 discretion whether they will adopt that, or the books 
 which are deemed by them next best in the list submit- 
 ted, and when said text book commission shall have 
 finished with the report of said sub-commission, the said 
 report shall be filed and preserved in the office of the 
 State Superintendent of Education, and shall be open at 
 all times for public inspection. 
 
 Section 5. — B^ it further enacted. That said text book 
 Commission shall immediately after the passage of this 
 act, meet and organize, the governor being president of 
 the commission and the superintendent of educaton sec- 
 retar^" and executive officer of said commission. As 
 soon as practicable, not later than thirty days after its 
 organizaton, the commission shall advertise, in such 
 manner and for such length of time and at such places 
 as may be deemed advisable that at a time and place 
 fixed definitely in said advertisement, sealed bids or 
 proposals will be received from the publishers of school 
 text books for furnishing books to the public schools in 
 the State of Alabama, through agencies established by 
 said publishers in the several counties, and places in 
 counties in the State, as may be provided for in such reg- 
 ulations as said commission may adopt and prescribe. 
 The bids or proposals to be for furnishing the books for 
 a period of five years and no longer, and' that no bid for 
 a longer period will be considered, said bill shall state 
 specifically and definitely the price at which the books 
 will be furnished, and shall be accompanied by one or 
 more specimen copies of each and every book proposed 
 to be furnished, and it shall be required of each bidder 
 to deposit with the treasurer of the State a sum of money 
 such as the commission may require, not less than five 
 hundred dollars^ nor more than twenty -five hundred dol- 
 lars, according to the number of books each bidder may 
 propose to supply, and notice shall further be given in 
 said advertisement that such deposits shall be forfeited 
 absolutely to the State if the bidder, making the deposit 
 shall fail or refuse to make and execute such contract 
 
 3 
 
66 
 
 and bond as is hereinafter required, within such time 
 as the commission may require, which time shall also be 
 stated in said advertisemeiut. All bids shall be sealed 
 and deposited with the Secretary of State, to be by him 
 delivered to the commission when they are in executive 
 session, for the purpose of considering the same,, when 
 they shall be opened in the presence of the commission. 
 Section 6. — Be it further enacted. That it shall be the 
 duty of the said text book commission to meet at the 
 time and place designated in such notice or advertise- 
 ment and take out the sample or specimen copies sub- 
 mitted, upon which the bids are based and refer and sub- 
 mit these to the sub-commission as provided for and 
 directed in previous section of this act, with instructions 
 to said sub-commission to report back to them at a time 
 specified, with their report, classification and recom- 
 mendation as provided in previous section of this act. 
 When the said report is submitted it shall be the duty 
 of said text book commission to meet in executive session 
 to open and examine all sealed proposals submitted and 
 received in pursuance of the notice or advertisement 
 provided for in Section 2 of this act. It shall then be 
 the duty of said commission to examine and consider 
 carefully all such bids or proposals, together with the 
 report and recommendation of the sub-commission and 
 determine in the manner provided in Section 1 of this 
 act what book or books shall be selected for adoption, 
 taking into consideration the size, quality as to subject- 
 matter, material, printing, binding, and the mechanical 
 execution and price, and the general suitability for the 
 purpose desired and intended; provided, however. That 
 all books selected or adopted shall be written or printed 
 in English. After their selection for adoption shall 
 have been made, the said commission shall, by registered 
 letter, notify the publishers, or proposers, to whom the 
 contracts have been awarded, and it shall be the duty of 
 the attorney-general of the State to prepare the said 
 contract or contracts in accordance with the terms and 
 provisions of this act, and the said contract shall be exe- 
 cuted by the Governor and Secretary of State, with the 
 seal of the State attached upon the part of the State of 
 
67 
 
 Alabama, and the, said contract shall be executed tripli- 
 cate, one copy to be kept by the contractor, one copy by 
 the secretary of the text book commission, and copied in 
 full in the minute book of said commission, and one copy 
 to be filed in the office of Secretary of State, at the time 
 of the execution of the contract aforesaid the contrac- 
 tors shall enter into a bond in the sum of not less than 
 ten thousand dollars, nor more than thirty thousand 
 dollars, 'payable to the State of Alabama the amount of 
 said bond within said limits, to be fixed by said commis- 
 sion, conditioned for the faithful, honest and exact per- 
 formance of his contract, and shall further provide for 
 the payment of reasonable attorney's fees in case of re- 
 covery in any suit upon the same, with three or more 
 good and solvent sureties, actual citizens and residents 
 of the State of Alabama, or any guaranty company au- 
 thorized to do business in the State of Alabama may be- 
 come the surety on said bond, and it shall be the duty of 
 the attorney-general to prepare said bond and approve 
 the same; Provided, however. That said bond shall not 
 be exhausted by a single recovery, but may be sued on 
 from time to time, until the full amount thereof shall be 
 recovered, and the said commission may at any time, by 
 giving thirty days' notice, require additional security or 
 additional bond within the limits prescribed And 
 when any person, firm or corporation shall have been 
 awarded a contract and submitted therewith the bond 
 as required hereunder the commission, through its secre- 
 tary, shall so inform the treasurer of the State, and it 
 shall be the duty of the treasurer to return to such con- 
 tractor the cash deposit made by him, and the said com- 
 mission, through its secretary, shall inform the treasurer 
 of the names of the unsuccessful bidders or proposers, 
 and the treasurer shall upon receipt of this notice return 
 to them the amount deposited in cash by them at the 
 time of the submission of their bid, but should any per- 
 son, firm, company or corporation fail or refuse to exe- 
 cute the contract, and submit therewith his bond as re- 
 quired by this act within thirty days of the awarding of 
 the contract to him and the mailing of the registered 
 letter containing the notice, provided the mailing of the 
 
68 
 
 registered letter shall be suflScient evidence that the no- 
 tice was given and received, the cash deposit will be 
 deemed, and is hereby declared forfeited to the State of 
 Alabama, and it shall be the duty of the treasurer to 
 place said cash deposit in the treasury of the State to the 
 credit of the general school fund, and provided, further, 
 that any recovery had on any bond, given by any con- 
 tractor, shall enure to the benefit of the said fund of the 
 State, and when collected' shall be placed in the 'treasurv^ 
 to the credit of the said fund and be prorated among the 
 several counties of the State. 
 
 Section 7. — Be it further enacted. That the books fur- 
 nished under any contract shall at all times during the 
 existence of the contract be equal to, in all respects, the 
 specimens or sample copies furnished with bids; and it 
 shall be the duty of the Secretary of State to carefully 
 preserve in his office as the standard of quality and ex- 
 cellence to be maintained in such books during the con- 
 tinuance of such contracts the specimen or sample cop- 
 ies of all books which have been the basis of any con- 
 tract, together with the original bid or proposal and the 
 contractor shall, also, furnish each county superintend- 
 ent of education like specimen or sample copies which 
 shall be preserved by him in like manner, and the same 
 shall always be open: to the inspection of the public. It 
 shall be the duty of all contractors to print plainly on 
 the back of each book the contract price, as well as the 
 exchange price at which it is agreed to be furnished, but 
 the books submitted as sample or specimen copies with 
 the original bids shall not have the price printed on them 
 before they are snbmitted to the sub-commission. And 
 the said text book commission shall not in any case, con- 
 tract with any person or publisher for the use of any 
 books which are to be sold to patrons for use in any pub- 
 lic school in this State, at a price above or in excess of 
 the price at which such book or books are furnished by 
 said person or publisher under contract to any State, 
 county, or school district in the United States, under 
 like conditions prevailing in this State and under this 
 act. And it shall be stipulated in each contract that the 
 contractor has never furnished and is not now furnish- 
 
09 
 
 ing under contract any State, county or school district 
 in the United States, where like conditions prevail as are 
 prevailing in this State and undef* this act the same book 
 or books as are embraced in said contract at a price be- 
 low or less than tlie price stipulated in the said contract, 
 and the said commission is hereby authorized and di- 
 rected, at any time they may find that any book has been 
 furnished at a lower price under contract to any State, 
 county or school district aforesaid to sue upon the bond 
 of said contract and recover the difference between the 
 contract price and the lower price at which they find the 
 book or books have been sold, and in case a contractor 
 shall fail to execute specifically the terms and provisions 
 of his contract, said commission is hereby authorized, 
 empo\A'ered and directed to bring suit upon the bond of 
 such contractor for the recovery of all damages, the suit 
 to be in the name of the State of Alabama and the re- 
 covery for the benefit of the public school fund, but noth- 
 ing in this act shall be construed so as to prevent said 
 commission and any contractor, agreeing thereto, from 
 in an^^ manner changing or altering any contract, pro- 
 vided that a majority of the commission shall agree to 
 the change and think it advisable and for the best inter- 
 est of the public schools of this state. In all matters a 
 majority of said commission shall control. 
 
 Section 8.- — Be it further enacted. That it shall be al- 
 ways a part of the terms and conditions of every contract 
 made in pursuance of this act that the State of Alabama 
 shall not be liable to any contractor, in any manner in 
 any sum whatever, but all such contractors shall receive 
 their pay or consideration in compensation solely and 
 exclusively derived from the proceeds of tlie sale of 
 books, as provided for in this act. Provided further, 
 Tl}at till commission shall stipulate in the con- 
 tract for the supplying of any book as herein 
 provided that the contractor or contractors shall 
 take up the school books now in use in this 
 St^te and receive the same in exchange for new 
 book^ at a price not less than 50 per cent of the contract 
 price. Provided, Such exchange period shall not con- 
 tinue longer than one year from the date of the contract. 
 
TO 
 
 And each person or publisher making a bid for the sup- 
 plying of any book or books under this act, shall state 
 in such bid or proposal the exchange price at which such 
 book or books will be furnished. 
 
 Section 9. — Be it further enacted, That the text book 
 commission shall have and reserve the right to reject any 
 and all bids or proposals if they shall be of the opinion 
 that ai]y or all should for any reason be rejected. And 
 in case they fail from among the bids or proposals to 
 select or adopt any book or books upon any of the 
 branches mentioned in previous section of this act, they 
 may readvertise for sealed bids or proposals under the 
 same terms and conditions as before and proceed in their 
 investigation in all respects as they did in the first in- 
 stance, and as required by the terms and provisions in 
 this act, or they may advertise for sealed bids or pro- 
 posals from authors or publishers of text books who 
 have manuscripts of books not yet published, for prices 
 at which they will publish and furnish in book form 
 such manuscripts or for prices at which they will sell 
 such manuscripts, together with the copyright with such 
 books for use in the public schools in Alabama, proceed- 
 ing in all respects in like manner as before; and provi- 
 ded, that before accepting or rejecting any manuscript, 
 it shall be their duty to take the manuscript and to ad- 
 vertise for sealed bids or proposals for publishing the 
 the same in book form, in like manner as herein provided 
 for, and under the same restriction and condition, and 
 the contract may be let for the publication of all such 
 books or for any one or more separately ; and provided, 
 further, that the State itself shall not, under any cir- 
 cumstances, enter into any contract binding it to pay 
 for the publication of any book or books, but in the con- 
 tract with the owner of the manuscript it shall be pro- 
 vided that he shall pay the compensation to the pub- 
 lisher for the publication and putting in book form the 
 manuscript, together with the cost and expense of copy- 
 righting the same; and provided, further, that in all 
 cases bids or proposals shall be accompanied with the 
 cash deposit of from five hundred to twenty-five hundred 
 dollars as the commission may direct, and as previously 
 
71 
 
 provided in this act. And it is further expressly provi- 
 ded that any person, firm or corporation now doing busi- 
 ness, or proposing to do business in the State of Ala- 
 bama, shall have the right to bid for the contract to be 
 awarded under this act in the manner as follows : In re- 
 sponse to the advertisement when made as herein before 
 provided, said person, firm, or corporation may submit 
 in writing bid or bids to edit or have edited, publish, and 
 supply for use in the public schools in this State, any 
 book or books herein provided for, provided that instead 
 of filing said bid or proposal a sample or specimen copy 
 of each book proposed to be furnished, he may exhibit to 
 the commission a manuscript or printed form the matter 
 jiroposed to be incorporated in any book, together with 
 such a description and illustration of the form and style 
 thereof, as would be fully intelligible and satisfactory 
 to said commission, or they may submit a book or books 
 the equal of which in every way they propose to furnish 
 and they shall accompany their bid or proposal with the 
 cask deposit and execute contract and bond as hereinbe- 
 fore provided. 
 
 Section 10. — Be it further enacted. That as soon as 
 said commission shall have entered into a contract or 
 contracts for the furnishing or supplying of books for 
 use in the public schools in this State it shall be the duty 
 of the governor to issue his proclamation announcing 
 such facts to the people of the State. 
 
 Section 11. — Be it further enacted. That the party or 
 parties with whom, the contract shall he made shall es- 
 tablish and maintain two or more depositories in the 
 State, to be designated by the commission, where a stock 
 or supply of the books sufficient to meet all the immedi- 
 ate demands shall be kept. There shall also be main- 
 tained in each county in the State not less than three 
 agencies, for the distribution of the books to the patrons^ 
 to be located and designated by the commission and the 
 contractor shall be permitted to make arrangements 
 with a merchant or other person for the handling and 
 distribution of the books. All books shall be sold to the 
 con sum. er at the retail contract price, and in each book 
 shall be printed the following: (The price fixed herein 
 
is fixed by State contract and deyiations therefrom shall 
 be reported to your county superintendent of education, 
 or the State superintendent at Montgomery. ) And it is 
 expressly provided that should any party contracting 
 to furnish books as proviided for in this act, fail to fur- 
 nish them or otherT\dse breach his contract, in addition 
 to the right to the State to sue on the bond hereinabove 
 required the county superintendent of any county may 
 sue in the name of the State of Alabama, in any court of 
 competent jurisdiction in the county in which he re- 
 sides for the use and benefit of the school fund of the 
 county ; Provided, that the right of action of the county 
 superintendent shall be limited to breaches of the con- 
 tract committed in the county of his residence, and pro- 
 vided further, that in all cases under this act service of 
 process may be had and deemed sufficient on any agent 
 of the contractor in this State. 
 
 Section 12. — Be it further enacted, That said commis- 
 sion may from time to timet make any necessary regula- 
 tion not contrary to the provisions of this act, to secure 
 the prompt distribution of the books herein provided for 
 and the prompt and faithful execution of all contracts, 
 and it is expressly now provided that said commission 
 shall maintain its organization during the five years of 
 the continuance of the contract and after the expiration 
 of the same to renew such of them as they deem advisa- 
 ble, or re-advertise for new bids or proposals as required 
 by this act in the first instance, and enter into such other 
 contracts as they deem for the best interests of the pa- 
 trons and children of the public schools of this State; 
 ProAdded, That any contract entered into or renewed 
 shall be for the term of five years. 
 
 Section 13. — Be it further enacted, That as soon as 
 practicable after the adoption provided for in this act, 
 the State Superintendent of Education shall issue a cir- 
 cular letter to each county superintendent of education 
 and each teacher in the State, and to such others as he 
 may desire to send it, which letter shall contain the list 
 of books adopted, the prices, location of agencies, and 
 manner of distribution and such other information as 
 he mav deem necessars^ 
 
Section 14. — Be it further enacted, That as soon after 
 the passage of this act as may be practicable and the 
 commission may deem advisable, the books adopted as a 
 uniform system of text books shall be introduced and 
 used as text books to the exclusion of all others in all 
 the public free schools in this State; Provided, That 
 nothing herein shall be construed to prevent the use of 
 supplementary books such as may be prescribed and se- 
 lected by the text book commission, but such supple- 
 mentary books shall not be used to the exclusion of the 
 books prescribed or adopted under the provisions of this 
 act; Provided, further, that nothing in this act shall be 
 construed to prohibit the use in public schools of any 
 text book upon any branch mentioned in any previous 
 section of the act, where the commission shall select or 
 adopt a book for that branch or subject; Provided, fur- 
 ther. That nothing in this act shall prevent the teaching 
 in any school any branch higher or more advanced than 
 is embraced in Sijij previous section of this act, nor the 
 using of any book upon such higher branch of study, 
 provided that such higher branches shall not be taught 
 to the exclusion of the branches mentioned and set out 
 in this act. 
 
 Section 15. — Be it further enacted, That nothing 
 herein shall be construed to prevent or prohibit the pa- 
 trons of the public schools throughout the State from 
 procuring books in the usual way in case fio contraci^ 
 shall be made or the contractor fails or refuses to fur- 
 nish the books provided for in this act, at the time re- 
 quired for their use at the respecive schools. 
 
 Section 16. — Be it further enacted. That any person 
 or teacher violating the provisions of this act, shall be- 
 come guilty of a misdemeanor, and upon conviction be 
 punished by a fine of not less than ten dollars nor more 
 than fifty dollars. 
 
 Section 17. — Be it further enacted. That any teacher 
 who shall use or permit to be used in his or her school 
 any text book upon the branches embraced in this act, 
 where the commission has adopted a book upon that 
 branch other than the one so adopted, shall be guilty of 
 a misdemeanor, and upon conviction punished as pro- 
 vided for in Section 16 of this act. 
 
Section 18. — Be it further enacted, That if any local 
 agent, dealer, clerk or other person handling or selling 
 the books adopted under this act, shall demand or re- 
 ceive for a copy of any of the books herein provided for, 
 more than the contract price, in cases where the pur- 
 chase is for cash, he shall be guilty of a misdemeanor, 
 and upon conviction shall for each offense be punished 
 by fine of not less than fifty nor more than five hundred 
 dollars. 
 
 Section 19. — Be it furthefr enacted. That the sum of 
 two thousand dollarsi or so much thereof as may be nec- 
 essary to be paid out of the moneys in the treasury not 
 otherwise expended, be and is hereby appropriated for 
 the purpose of paying the cost and expense of carrying 
 into effect the provisions of this act. 
 
 Section 20. — Be it further enacted, That the Governor 
 and Superintendent of Education shall serve on the com- 
 mission without compensation and the other members 
 of the commission and the sub-commission shall be paid 
 the sum of four dollars per day during thei time they are 
 actually engaged, not to exceed thirty days, and in addi- 
 tion shall receive ten cents per mile for each mile trav- 
 eled from their homiet to their place of meeting and re- 
 turn thereto, to be paid out of the general fund, and 
 they shall each make and swear to a statement of the 
 number of miles traveled and the number of days actu- 
 ally engaged. 
 
 Section 21. — Be it further enacted. That the said sub- 
 commission is authorized to appoint a clerk who shall 
 have three dollars per diem during the time he is actu- 
 ally engaged not to exceed thirty days, and the same 
 mileage as is allowed the sub-commission. 
 
 Section 22. — Be it further enacted. That the adoption 
 made as provided for in this act shall continue for five 
 years from the date of such adoption; Provided, The 
 provisions of this act shall not apply to those counties 
 that have adopted a uniform system of text books for 
 their public schools and have contracted for a supply of 
 such text books, until the expiration of said contracts 
 respectively unless they see fit sooner to accept the pro- 
 visions of this act, and provided further that no new con- 
 
ID 
 
 tract sliall be made after the passage of this act by any 
 county board of education, or by the board of education 
 of any city or town in this State. 
 
 Section 23. — Be it further enacted, That in case of the 
 failure of any contractor to furnish the books as provi- 
 ded in this contract, then his bond shall be declared for- 
 feited, and the State school book commission is author- 
 ized and empowered to make such other contract for the 
 unexpired term with any person to provide such books 
 as they may deem advisable for the best interests of the 
 State. 
 
 Section 24. — Be it further enacted, That this act shall 
 take effect from and after its passage. 
 
 Approved March 4, 1903. 
 
 No. 391.) AN ACT (H. 654. 
 
 To establish at the University of Alabama a summer 
 school for teachers, and to provide an appropria- 
 tion for its maintenance, and to provide for the 
 examination of teachers attending said summer 
 school. Whereas, it is generally conceded that 
 the greatest educational need in Alabama is a 
 properly trained teaching force, therefore. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 ham a, That the Trustees of the University of Alabama 
 be and they are hereby authorized and directed to estab- 
 lish at that institution a school to be known as the Sum- 
 mer School for Teachers, at which during the summer 
 months instruction shall be given in all the public school 
 studies, and in such other studies as may be necessary 
 to better prepare teachers for efficient service in the pub- 
 lic schools of the State. 
 
 Section 2. — Be it further enacted, That for the mainte- 
 nance of the said summer school for teachers, the sum 
 of five thousand dollars is hereby appropriated annually 
 from any moneys in the State treasury not otherwise 
 expended by law. 
 
76 
 
 Section 3. — Be it further enacted, That the said sum 
 of five thousand dollars appropriated by this act, shall; 
 on the first day of July of each year, be paid by the State 
 Treasurer to the treaisurer of the University of Ala- 
 bama on warrants draAvn by the State auditor as Avar- 
 rants are draAvn for other appropriations to the Univer- 
 sity. 
 
 Section 4. — Be it further enacted. That the trustees 
 of the University of Alabama shall report in writing to 
 the Legislature at each regular session thereof the man- 
 ner in which the appropriation herein made hasi been ex- 
 pended. Provided, That this appropriation shall not 
 be available in any year till the president of the Univer- 
 sity shall certify to the Governor that the supplemental 
 sum of twenty-five hundred dollars has been rais>ed from 
 other sources. Provided further, That no matriculation 
 or tuition fee shall be charged' to Alabamai teachers, and 
 no incidental fee exceeding three dollars per session 
 shall be charged to any Alabama teacher. 
 
 Section 5. — Be it further ejiacted, That the State 
 Board of Examiners for teachers be authorized and di- 
 rected to conduct or have conducted, annually, at the 
 University at the close of the summer school for teach- 
 ers, an examination for the convenience of teachers at- 
 tending that school. The examination shall be equal in 
 all respects to the regular examination required by law. 
 The same fee shall be charg-ied and the exainiiiat :r:i sliuli 
 be conducted under the same rules and regulations. 
 
 Approved October 1, 1903. 
 
 No. 272.) AN ACT. (H. 400. 
 
 To amend sections 405 and 407 of the Code of Alabama 
 
 of 1896. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That sections 405 and 407 of the Code of Alabama 
 be amended so as to read as follows : 405 Board of Con- 
 trol; hOAV constituted. Each of such stations and 
 
schools is under the supervision and control of a board 
 of control to be composed of the following members: 
 The State Superintendent of Education, the Commis- 
 sioner of Agriculture and Industries, the Governor, and 
 two men Avho shall be residents of the respective congres' 
 sional district wherein the school for which they are ap- 
 pointed is located. Said members from the congres- 
 sional districts shall be appointed by the Governor, and 
 shall only serve as members of the board for the school 
 ^^ hich is located in their respective congressional dis- 
 tricts. The terms of office shall be for a period of four 
 years and until their successors are appointed. The 
 members of said board must not receive any compensa- 
 tion other than traveling expenses actually incurred in 
 attending meetings of the Board of Control, and said 
 Board of Control shall have power to elect a treasurer 
 for each school, fix his bond, compensation and pre- 
 scribe his duties. Said Board of Control shall also have 
 power toi select such other officers as they may deem ad- 
 visable, prescribe their duties, and shall also have power 
 to make all necessary arrangements for drawing the 
 funds appropriated by law, and the disbursement of tbe 
 samie. 407. Not less than five hundred dollars of the 
 sum so appropriated to each of said schools shall be used 
 in maintaining, cultivating and improving the farms re- 
 spectively, and making agricultural experiments thereon 
 under amd by direction of the Board of Control and the 
 Professor of Agriculture in the Alabama Polytechnic In- 
 stitute; further the course in scientific agriculture and 
 floriculture as required in Section 413 shall be formu- 
 lated for the schools and experiment stations by the said 
 Xjrofeissor of agriculture of the Alabama Polytechnic In- 
 stitute. When on official visits said Professor of Agri- 
 culture shall be paid by the Board of Control, his travel- 
 ing expenses thus incurred. 
 
 Section 2. — All laws and parts of laws in conflict 
 with this act is hereby repealed. 
 
 Approved September 30, 1903. 
 
78 
 
 No. 535. ) AN ACT ( H. 1042. 
 
 To provide, at the several Normal Schools of Alabama, 
 for the two extra periods for examination of appli- 
 cants to teach in the public schools. 
 
 Be it enacted by the Legislature of Alabama, That the 
 Superintendent of Education be and is hereby author- 
 ized and permitted at hisi discretion to allow in May and 
 October an exanunation at any Alabama Normal school 
 requesting it, for applicants to teach in the public 
 schools of this State ; that said examination shall follow 
 the same regulations as the regular examinations now 
 established, and that the expense of said examination 
 is to be borne by the applicants. 
 
 Approved October 6, 1903. 
 
 No. 560.) AN ACT (S. 409. 
 
 To provide for the teaching of Agriculture in the publii* 
 
 schools. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That in addition to the branches now tausjht in 
 the public schools, instruction shall be given in the ele- 
 mentary principles of agriculture, and said subject shall 
 be taught as regularly as other branches are taught in 
 said schools, by the use of the text book in the hands of 
 the pupils, and such instruction shall be given in all the 
 public schools of the State, except in public schools in 
 cities of 500 inhabitants and over. 
 
 Section 2. — Be it further enacted. That no license 
 shall be granted to any applicant to teach in the public 
 schools of Alabama who has not passed a satisfactory 
 examination in said branch. 
 
 Section 3. — Be it further enacted. That this act shall 
 take effect on and after its passage, but it is provided 
 further that the first examination in said branch shall 
 not be held earlier than October, 1904. 
 
79 
 
 Section 4. — Be it further enacted, That all laws and 
 parts of laws in conflict with the provisions of this act 
 be and the same are hereby repealed. 
 
 Approved October 10, 1903. 
 
 :No. 409.) AN ACT (S. 348. 
 
 To provide for an election to levy and collect a special 
 tax for the support of public schools in the various 
 counties of the State of Alabama. Be it enacted by 
 the Legislature of Alabama : 
 
 Section 1. — That upon a petition signed by two hun- 
 dred or more qualified electors of the county who are 
 also freeholders, to the court, of county commissioners, 
 or €ourt of like jurisdiction in any county within the 
 State of Alabama, the said court shall order an election 
 to determine whether or not a special tax shall be levied 
 for the support of the public schools within the said 
 county as is hereafter provided ; but only one such elec- 
 tion shall be held in any two years. There shall be made 
 publication of the same in some newspaper within the 
 county, which publication shall show the rate of such 
 proposed tax, the time it is proposed to be continued, 
 and the purpose for which the levy is proposed to be 
 made. 
 
 Section 2. — The inspectors and officers of the elections 
 shall be appointed and such election shall be held, and 
 the results of said elections shall be declared in the same 
 manner and by the same officers a,s is the result of the 
 regular elections for county officers under the general 
 laAvs of the State. 
 
 Section 3. — The Court of County Commissioners or 
 court of like jurisdiction shall provide a sufficient num- 
 ber of ballots for each voting precinct within said coun- 
 ty, and at the top of eaeh ballot shall be printed the rate 
 of such proposed tax, the time it is to be continued, and 
 that the purpose is for the support of the public schools, 
 and directly underneath in plain type shall be printed 
 
8o 
 
 (511 different lines the words, "For Proposed Taxation," 
 'M ^^ainst Proposed Taxation/' and a plaee must be left 
 directly to the left of each line thereof, and the voter 
 favoring the' proposed taxation will make ai cross mark 
 directly to the left of the line "For Proposed Taxation," 
 and the voter not favoring proposed taxation, will make 
 a cross mark directly to the left of the line, "Against 
 I^roposed Taxation," and if it appears as the result of 
 said election that three-fifths of those voting at said elec- 
 tion have voted for the proposed taxation, the Court of 
 County Commissioners or court of like jurisdiction shall 
 levy said special tax and cause the tax assesisor to assess 
 the same on the taxable property in said county, which 
 shall not exceed ten cents on each one hundred dollars 
 of taxable property in such county ; but the rate of such 
 special tax shall not increase the rate of taxation. State 
 and county combined, in any one year to more than one 
 dollar and twenty-five cents on each one hundred dol- 
 lars of taxable property in said county, but all special 
 county taxes for public buildings, roads, bridges and the 
 payment of debts existing at the ratification of the Con- 
 stitution of 1875 shall not be included in the aforesaid 
 one dollar and tweiity-five cents on the one hundred dol- 
 lars of taxable property. 
 
 Section 4. — Whenever such a levy as is provided for 
 in this act is made it shall be the duty of the tax collec- 
 tor within and for that county to collect such a tax in the 
 same manner and under the! same requirements and laws 
 as taxes of the State are collected, and he shall keep said 
 amount separate and apart from all other funds and 
 keep a clear and distinct account thereof showing what 
 amount is paid by the negro race and what amount is 
 paid by the white race, and turn the same over to th(^ 
 County Superintendent of Education, whose duty it 
 shall be to receipt therefor and apportion the same to 
 the various schools throughout the county in the same 
 manner as the general school funds from the State are 
 apportioned in said county, provided, that the school 
 terms of the respective schools) shall be extended by such 
 supplement as nearly the same length of time as prac- 
 ticable. 
 
8i 
 
 Section 5. — The election hereinbefore provided for 
 may be had at the time of holding any regular election 
 within the county, and if held at such a time the inspect- 
 ors and officers of the general election shall conduct at 
 the same time the election herein provided for; and for 
 such services they shall receive no compensation other 
 than that allowed them for the holding of the general 
 election ; but if such an election is had at such other time 
 ihan that of holding a regular election within the county, 
 then the elc^ction officers shall receive the same pay as 
 tJiat for holding a general election; and if such levy is 
 made as provided for in this act the tax collector, tax as- 
 sessor and county superintendent of education shall re- 
 ceive for the services required of them under the provis- 
 i<ms of this act, the same per centum of the funds han- 
 dled as they now' reiceive for like services, Provided, that 
 the time said special tax may continue shall not be les;^ 
 than two years, 
 
 Section 6. — All persons who are at the time of such 
 election qualified electors in the county where such elec- 
 tion is held under the law and constitution of Alabama, 
 then in existence, shall be qualified electors to partici- 
 pate therein. 
 
 Approved October 1, 1903. 
 
 No. 390.) AN ACT (H. 668. 
 
 To authorize the Court of County Commissioners, or 
 other governing body of like jurisdiction, in any 
 county in this State, to levy and collect such special 
 taxes, not to exceed one-fourth of one per centum 
 per annum, to pay any debt or liability now exist- 
 ing against any county, incurred for the erection, 
 construction or maintenance of the necessary pub- 
 lic buildings or bridges, or that may hereafter be 
 created for the erection of necessary public build- 
 ings, bridges or roads. 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That the Court of County Commissioners, or other 
 governing body of like jurisdiction, in any county in this 
 
82 
 
 State, is hereby authorized to levy and collect such spe- 
 cial taxes as it luay deem necessary, not to exceed one- 
 fourth of one per centum per annum, for the purpose of 
 paying any debt or liability now existing against any 
 county, incurred for the erection, construction or main- 
 tenance of the nefcessary public buildings or bridges, or 
 that may hereafter be created for the erection of public 
 buildings, bridges or roads, which taxes so levied and 
 collected, shall be applied exclusively to the purposes 
 for w^hich the same are so levied and collected. 
 Approved September 30, 1903. 
 
 No. 365.) AN ACT (S. 210. 
 
 To provide for the redistricting of the public schools of 
 the State and for the management and control of 
 same. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That townsliip lines for school purposes, in the 
 State of Alabama, are hereby abolished ; provided noth- 
 ing herein contained shall be so' construed as to deprive 
 the inhabitants of any township in this State of the six- 
 teenth section or any fund arising therefrom, for the 
 purpose of selling and leasing the sixteenth section 
 school lands of the several townships as provided by 
 law there shall be three township trustees in each town- 
 ship to be appointed as now provided by law, the exist- 
 ing township trustees shall continue in office until the 
 expiration of their terms of office for the purpose of sell- 
 ing and leasing such lands. 
 
 Sec. 2. — One of the county commissioners or a mem- 
 ber of the County Board of Revenue to be selected by 
 such commissioners or Board of Revenue, the County 
 Superintendent of Education, and one of the county 
 surveyors to be named by the court of county commis- 
 
83 
 
 sioners, or Board of Revenue, in each of the several 
 counties of the State, are hereby created the county re- 
 districting board, whose duties shall be as hereinafter 
 provided. 
 
 Sec. 3. — That on the first Monday in March, 1904, the 
 county redistricting boards provided for in section two 
 (vf this act, shall meet at the court house in their respect- 
 ive counties and organize by electing one of their num- 
 ber as chairman. The County Superintendent of Edu- 
 cation shall be, by virtue of his office, Secretary of such 
 board; a majority of the members of such board shall 
 constitute a quorum. 
 
 Sec. 4.— As soon as practicable after organization the 
 said county redistricting boards shall lay out and divide 
 their respective counties into public school districts ac- 
 cording to centers of population and natural barriers 
 Such districts shall be so arranged, if practicable, as to 
 place a public school within two and one-half miles of 
 each child within school age wdthin such district; pro- 
 vided that no district shall be formed which contains 
 less than fifteen children within the school age. 
 
 Sec. 5. — The work of establishing such districts as 
 provided in this act, shall be completed not later than 
 eTune 1st, 1904, within ten days after said work shall 
 have been completed, the said several county redistrict- 
 ing boards shall make, in writing, an accurate descrip- 
 tion of each district so established, which descriptions 
 they shall deposit with the Judge of Probate, whose 
 duty it shall be to record the same in a substantially 
 bound book, to be kept by him for this purpose in his 
 office. 
 
 Sec. 6.— On the first Saturday in July, 1904, and each 
 fourth year thereafter, the qualified electors of each 
 public school district shall meet at the district public 
 school house and elect from among the freeholders and 
 householders who can read and write, residing in such 
 districts, a local board of three distinct trustees whose 
 duty shall be as hereinafter provided. Such district 
 trustees shall hold office for the term of four years from 
 
84 
 
 the time of their election, and until their successors are 
 elected and qualified. 
 
 Sec. 7. — The trustee's provided for in the last preced- 
 irig- section shall a\ ithin ten days after their election 
 meet at the public school district school house, or some 
 place more convenient to all concerned, and shall organ- 
 ize, by electing one of their number chairman and an- 
 other secretary. 
 
 Sec. 8. — The district trustees shall, during the month 
 of August, 1904, and in every even numbered year there- 
 after, make an enumeration of all the children within 
 school age in their respective districts in accordance 
 with the requirements of section 3573 of the Code of 
 1896, and report the same as herein provided to the 
 County Superintendent of Education, ^^o also shall, by 
 the 15th day of said month, make a written report of 
 such enumeration by numbered districts to the State 
 Superintendent of Education, and it shall be the duty 
 of the County Superintendent of Education to enumer- 
 ate or cause to be enumerated, all the children of school 
 age in au}^ township or townships in his county in which 
 the sixteenth section intea^est exceeds the amount of per 
 capita apportionment from the general fund, and report 
 the same to the ofl&ce of the State Superintendent of 
 Education. 
 
 Sec. 9. — It shall be the duty of said district trustees 
 to care for all school property, employ teachers for their 
 school districts, such employment to be subject to the. 
 approval of the County Board of Education, to visit the 
 schools within their respective districts, observe the 
 management of the same, to make quarterly reports of 
 the condition of such school tO' the County Superintend- 
 ent of Education, and to perform such other duties as 
 m.ay be required by the county board of education here- 
 inafter provided for. 
 
 Sec. 10. — The chairman of the several boards of dis- 
 trict trustees shall meet at the court house in their re- 
 spective counties on the second Saturday in August af- 
 ter their election and every four years thereafter, and 
 shall elect four county school trustees, who shall hold of- 
 fice for the term of four vears from the date of their elec- 
 
85 
 
 tion and until their successors are elected and qualified. 
 Before entering upon the duties of office, they shall take 
 the oath of office prescribed by the Constitution of the 
 State. The County Superintendent of Education and 
 said four county trustees shall constitute the; County 
 Board of Education within their respective counties. 
 The County Superintendent of Education shall be the 
 chief executive officer of said county boards of educa- 
 tion, and shall see that all the rules, regulations and 
 orders of said county boards are enforced; provided, 
 however, that no county trustee shall, during his term 
 of office, be eligible to election as a district trustee. 
 
 Sec. 11. — The said County Board of Education shall 
 have entire control of the public schools within their re- 
 spective counties, unless otherwise provided by law. 
 They shall make rules and regulations for the govern- 
 ment of thei schools, see that teachers perform their du- 
 ties, and exercise such powers, consistent with the law, 
 as in their judgment will best subserve the cause of ed- 
 ucation. The said board shall have the right to acquire, 
 purchase, lease, receive, hold, transmit and convey the 
 title to real and personal property for school purposes. 
 Said Board of Education shall by and in the name of 
 the County Board of Education sue and be sued, con- 
 tract and be contracted with; all contracts to be made 
 after resolution adopted by said- board and spread on 
 its minutes and signed 'by the president and secretary, 
 and all process shall be executed on the secretary of said 
 board. 
 
 Sec. 12. — Whenever there shall have been established 
 111 any school district, a system of graded schools free to 
 the children of school age, within such district for a 
 period of not less than eight months in each year, the 
 electors of such districts may increase the number of the 
 district trustees to five and assume entire control of the 
 public schools therein; provided, the trustees of such 
 districts shall make all reports required by law to the 
 county board of education. 
 
 Sec. 13. — Each member of the county redistricting 
 boards named in section two of this act shall receive two 
 dollars a day for each day in which he is actually em- 
 ployed in forming school districts under this act to be 
 
86 
 
 l)aid out of the county treasury upon the written requi- 
 sition of the president and secretary of such board; pro- 
 vided, that no member of said board shall receive pay 
 for more than fifteen days, and provided, further, that 
 the County Superintendent of Education shall receive 
 no pay for serving on said board. 
 
 Sec. 14. — Each of the four members of the county 
 board of education, provided for in section 10 of this act 
 shall receive from the public school funds of the county 
 to be disbursed by the County Superintendent of Edu- 
 cation two dollars a day for each day's work devoted by 
 him to the public schools; provided, he shall not receive 
 pay for more than ten days in any one year. The 
 County Superintendent of Education shall apportion 
 among the several school districts the amount of com- 
 pensation to be paid to the members of the County 
 Board of Education and to account for the same in like 
 manner as provided for the compensation paid to teach- 
 ers in such districts. 
 
 Sec. 15. — The County Superintendents of Education 
 shall receive and, by and with the advice and consent of 
 the County Board of Education and under its direction 
 shall disburse all moneys appropriated and provided by 
 law, or that may hereafter be provided for by law, either 
 general or special, for the support of any and all public 
 schools within their- respective counties. For their 
 compensation, they shall receive four per centum on all 
 State public moneys legally disbursed by them, not to 
 exceed the sum of eighteen hundred dollars for any cal- 
 endar year. For all moneys received and disbursed by 
 them, the county superintendent shall account to the 
 State Superintendent of Education, as now provided by 
 law. 
 
 Sec. 16. — The lines and boundaries of any school dis- 
 trict may be changed by a vote of a majority of the 
 County Board of Education, thirty days after due no- 
 tice shal have been given by such board to the school 
 trustees, and the people in the territory to be affected 
 by the change and such change may add to or take from 
 any district composed of an incorporated city or town 
 such contiguous territory as such board may deem best ; 
 notice of the proposed change being given by three 
 
87 
 
 weekly publications in a newspaper published in said 
 county, and in three public places by posting notices. 
 
 Sec. IT. — That any vacancy on the County Board of 
 Education or on any district board of trustees, shall be 
 filled for the unexpired term by the remaining members 
 on said board of education or board of trustees as the 
 case may be. 
 
 Sec. 18.— This bill shall not be held to afe-ect any 
 school contract or the conduct, management and control 
 of public schools during the school year ending Septem- 
 ber 30, 1904. 
 
 Sec. 19. — The provisions of this act shall not apply to 
 any county heretofore districted by law and which has 
 a special levy from the county for the support of the 
 public schools or to school districts heretofore estab- 
 lished by law. 
 
 Sec. 20. — That each incorporated city or town in the 
 State is hereby created a separate school district. In 
 all municipalities where there is a board of education 
 the board shall have full charge and control of such sep- 
 arate school districts and shall have and exercise all the 
 powers and authorty conferred by law upon township 
 trustees. In municipalities where there is no such 
 board of education, the powers and duties of trustees 
 shall devolve upon and be performed by the mayor and 
 board of aldermen, and all funds due such separate 
 school districts shall be paid directly by the State Su- 
 I)erintendent of Education to the board of education of 
 such separate school districts, or to the mayor and board 
 of aldermen where there is no such board of education, 
 and provided that nothing in this act contained shall be 
 construed as in conflict with section 12 of this act. 
 
 Approved September 30, 1903. 
 
 ]So. 298.) AN ACT (H. 498. 
 
 To regulate all school districts affected by the creation 
 of new counties or the change of county lines and 
 to provide for the election of trustees therein. 
 
88 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 bama, That any school district, which by the creation of 
 new counties or the change of county lines, shall lie in 
 two or more counties, shall in no wise be repealed by the 
 creation of said new counties or the change of county 
 lines. 
 
 Sec. 2. — That the superintendent of the counties in 
 which said school districts shall lie, shall pay OA^er to 
 the treasurer of said school boards in said school dis- 
 tricts, all the funds of money coming into their hands 
 due said school districts. 
 
 Sec. 3. — That the trustees of a school district which 
 is placed in two or more counties by the creation of new 
 counties or the change of county lines shall be appointed 
 by the Superintendent of Education of the county in 
 which a majority of the children within the school age 
 of said school reside. 
 
 Sec. 8. — That all parts of laws of said school districts, 
 which, by the creation of new counties or the change of 
 county lines, lie in two (2) or more counties, which are 
 in conflict with the provisions of this act are hereby re- 
 pealed. 
 
 Approved September 26, 1903. 
 
 No. 233.) SENATE JOINT RESOLUTION. S. J. R. 
 Whereas, By an act of the 38t hCongress of the Uni- 
 ted States each State is invited to place in the National 
 Statuary Hall at AVashington, D. C, the memorial stat- 
 utes of two citizens of such State who may be distin- 
 guished for exalted and patriotic service; therefore, Be 
 it resolved by the Senate of the Legislature of Alabama, 
 the House of Representatives concurring, that the long 
 and distinguished labors of the educaotor, Jabez Lamar 
 Monroe Curry, shall be accorded this tribute of affec- 
 tionate regard, and that his name shall be and is hereby 
 formally designated for grateful commemoration by the 
 erection of ^ statute of marble of bronze in the said 
 
89 
 
 National Statuary Hall. Resolved further, that the 
 Governor of this State shall be and is hereby empowered 
 to take the necessary steps to carry this resolution into 
 effect. 
 
 Filed in office, Sept. 29, 1903. 
 
 J. Thomas Heflin^ 
 
 Secretary of State. 
 
 (This resolution became a laAV under Section 125 of 
 the Constitution of 1901, having been held by the Gov- 
 ernor beyond the time limit.) 
 
 No. 143.) AN ACT (H. 407. 
 
 To validate, ratify and confirm the election of, all county 
 commissioners, and boards of revenue, and all 
 county superintendents of education who were 
 elected to such offices in the several counties of this 
 State at the general election for State officers, and 
 Congress members, held on the first Tuesday in No- 
 vember, 1902. Whereas, at the general election for 
 State officers, and Congress members, held in this 
 State on the first Tuesday in November, 1902, there 
 were also chosen and elected in many of the coun- 
 ties of the State, county commissioners and boards 
 of revenue and county superintendents of educa- 
 tion, and whereas, it is a question of very grave 
 doubt as to whether the law provided for and au- 
 thorized the election of such county commissioners 
 and boards of revenue and county superintendents 
 
 at said election, and as to the legality of the elec- 
 
 ' tion of such county commissioners and boards of 
 
 revenue and county superintendents of education, 
 
 at said election, and, Avhereas, it is expedient that 
 all doubt be removed as to the right of such county 
 commissioners, and boards of revenue and county 
 superintendents of education to hold and exercise 
 the duties of their respective offices. 
 
 Secton 1. — Be it enacted by the Legislature of Ala- 
 bama, That the election of all county commissioners, 
 
90 
 
 and boards of revenue, and county superintendents of 
 education, Avho were elected to such offices in the several 
 counties in the State, at the election for State officers 
 and Congress members, held on the first Tuesday in No- 
 vember, 1902, be and the same is hereby validated, con- 
 firmed, ratified, and approved, and made to be as bind- 
 ing and to have the same force and effect as if the elec- 
 tion of such county commissioners, and boards of reve- 
 nue, and county superintendents of education had been 
 fully provided and authorized by law, at the time of 
 their ^id election on the first Tuesday in November, 
 1902. 
 
 Sec. 2. — That all laws and parts of laws in conflict 
 with the provisions of this act be and the same are 
 hereby repealed. 
 
 Approved arch 5, 1903. 
 
 No. 539.) AN ACT (H. 651. 
 
 To empower municipal corporations to purchase school 
 property and maintain public schools. 
 
 Be it enacted hij the Legislature of the State of Ala- 
 Jiama: 
 
 Section 1. — That all municipal corporations in this 
 State are hereby empowered to purchase school prop- 
 erty, or to purchase lots and erect school buildings 
 thereon for the use and benefit of the citizens of their 
 respective towns and cities. 
 
 Sec. 2. — That for said purpose the town council or 
 board of aldermen may levy a tax of not exceeding one- 
 fourth of one per cent, provided that the city or town 
 tax shall not exceed one half of one per cent, for all pur- 
 poses, including said school tax. 
 
 Sec. 3. — That the town council of board of aldermen 
 are hereby empowered to purchase school property from 
 time to time for the maintenance and improvement of 
 such school property and the maintenance of public 
 schools therein within the limits hereinbefore pre- 
 scribed. 
 
91 
 
 Sec. 4. — That any purchase of school property under 
 the power herein granted shall only be made by the 
 unanimous vote of the town council or board of alder- 
 men of such town or city, and approved by the mayor, 
 and upon two-thirds vote of the voters of said town 
 voting on said proposition at a special election held for 
 that purpose after giving at least ten days notice of said 
 election. 
 
 Approved October 6, 1903. 
 
 No. 230.) AN ACT (H. 286. 
 
 To provide for the sale of Sixteenth section lands, which 
 contain or are believed to contain minerals. 
 
 Be it enacted by the Legislature of Alabama^ 
 
 Section 1. — That the township trustee or trustees of 
 any township may, with the approval of the State Su- 
 perintendent of Education, as hereinafter provided, sell 
 any sixteenth section school lands of their respective 
 townships, which contain or are believed to contain 
 minerals, in the following manner: Upon the request 
 of three or more inhabitants of such township the town- 
 ship trustee or trustees shall hold an election to ascer- 
 tain whether the lands of such township shall be sold ; 
 such election shall be under the control and supervision 
 of the township trustee or trustees, and shall be held 
 after ten days' noticei has been given thereof by posting 
 notices at three public places in the township. If in 
 such election a majority of the qualified electors of such 
 township who are the parents of children attending the 
 public schools of such township vote for a sale of such 
 lands, such township trustee or trustees shall cause to 
 be published once a week for three successive weeks, 
 in some newspaper published in the county where such 
 lands are situated, a notice that sealed bids will be re- 
 ceived by said trustee or trustees at a time and place 
 specified in such notice, from the persons desiring to 
 purchase all or any part of such lands of such town- 
 ship. And such trustee or trustees shall, at the time 
 
92 
 
 and place named in said notice, receive sealed bids of 
 all persons who may desire to purchase any of such 
 lands. Such bids shall state whether the bidder desires 
 to purchase all or a part of such lands, the price he pro- 
 poses to pay for the same, how much, if an}^, of such 
 purchase money is to be paid in cash, and the security 
 he proposes to give for any unpaid purchase money, the 
 rate of interest such unpaid purchase; money shall bear, 
 and the time and installments, if any, such unpaid pur- 
 chase money shall be paid in; and if such lands have 
 been previously leased, such bids may be for the rent 
 as well as for the reversion of such land ; and such bids 
 may contain any other proposal with reference to the 
 purchase of such lands and the security to be given for 
 unpaid purchase money. If such trustee or trustees 
 approve any of such bids, the: same shall be by them or 
 him forwarded to the State Superintendent of Educa- 
 tion. If such bid is approved by the State Superintend- 
 ent of Education, he shall mark it approved. If disap- 
 proved by him he shall mark it disapproved; and in 
 either event, he shall file it with the records in his office. 
 In the event of the approval of such bid by the Superin- 
 tendent of Education, the bidder shall execute his obli- 
 gation or obligations with two sureties to be approved 
 by the Superintendent of Education, for the unpaid 
 purchase mone}^ of such lands and the interest thereon, 
 which obligation or obligations shall be payable to the 
 township in which such lands are situated, and which 
 shall be kept by the Superintendent of Education. The 
 bidder shall also pay any cash provided by his bid to be 
 paid in cash, and thereupon the, Superintendent of Ed- 
 ucation shall issue to such purchaser a certificate of 
 purchase which shall describe the land sold, and shall 
 fully set forth the price, terms and conditions of the sale 
 as set forth in the accepted bid ; such certificate shall be 
 prima facie evidence that all the pre-requisites to n 
 valid sale of such lands have been complied with. If 
 default is made in the payment of any installments, in- 
 terest or principal agreed to be paid by such purchaser, 
 and such default continues for one year or more, all 
 title to the land sol.l shall revest absolutely in such 
 
93 
 
 township. Upon payment in full of the purchase 
 money with any interest agreed to be paid, there shall 
 issue to such purchaser a patent to he signed by the 
 Governor and attested by the Secretary of State, which 
 ^hall be conclusive evidence that all title to the lands 
 therein described has vested in the purchaser named 
 therein. In the event of the abolition by law of the 
 office of township trustee the duties herein provided to 
 be performed by them shall be: performed by the County 
 Superintendent of Education. 
 
 Sec. 2. — That all purchase money for such lands, 
 cash and deferred, and all interest or such unpaid pur- 
 chase money, shall bei paid to the Superintendent of Ed- 
 ucation, by whom it shall be reported to the Auditor 
 and paid into the State Treasury. And the principal 
 of all such purchase money paid into the State Treasury 
 and any money paid as a sinking fund shall bear inter- 
 est in the same manner as other school funds in the 
 treasury bear interest, and shall be used exclusively for 
 the public schools of the township to which said lands 
 belong. And all interest paid annually or oftener by 
 the purchaser on the deferred payments of purchase 
 money, shall not, after being paid into the State Treas- 
 ury, bear interest, but shall be annually apportioned to 
 and used exclusively in the maintenance of the public 
 schools of such township. 
 
 Sec. 3. — That for their services in connection with 
 any sale made under the provisions of this act, the 
 township trustees or trustee shall receive one-half of 
 (me per cent, of the amount of the purchase price named 
 in any accepted bid, which shall be paid to such trustees 
 or trustee by the Superintendent of Education out of 
 the first payment of the principal of such purchase 
 money received by him. 
 
 Sec. 4. — That all laws and parts of laws, general and 
 local,, in conflict herewith be and the same are hereby 
 repealed. 
 
 Approved Sept. 22, 1903. 
 
94 
 
 ^'o. 137.) AN ACT (S. 83. 
 
 To amend Section 3562 of the Code of Alabama. 
 
 Section 1. — Be it enacted hy the Legislature of Ala- 
 bama, That Section 3562 of the Code of Alabama be 
 amended so as to read as follows : The trustees in each 
 township shall annually on the first Monday in Septem- 
 ber, or within seven days thereafter, call a meeting of 
 the parents and guardians of the children of their town- 
 ship within the educational age, and at such meeting 
 they shall in consultation with such parents and guar- 
 dians, and with a view to subserve their wishes, inter- 
 ests and convenience transact the following business: 
 1. They shall determine the number of schools which 
 shall be established in their township for the current 
 scholastic year, and shall designate the same by num- 
 ber. 2. They shall fix the locaton of each school, the 
 time of itsi opening, and the length of the session, which 
 shall not be for a less term than is provided by law. 3. 
 They shall, when they establish the schools in their 
 township, apportion to each school so established, such 
 an amount of the public school revenue apportioned to 
 the township for the current scholastic year as they may 
 deem just and equitable and for the equal benefit of the 
 children thereof of school age. 
 
 Sec. 2. — They shall determine the number and what 
 children shall be transferred from their districts to the 
 school of other districts, and to what district trans- 
 ferred, during the scholastic year, and shall set apart 
 such an amount of the money apportioned to their dis- 
 trict to pay for such transferred children as they may 
 deem just and equitable, and if it should be deemed im- 
 practicable to establish in any district a public schooJ 
 for the children of either race, on account of the want 
 of a sufficient number of such race living within a reas- 
 onable distance, they shall determine whether any such 
 children can be transferred conveniently to a public 
 school in another district, and those that cannot be so 
 transferred, and that have actually attended some 
 
- 95 
 
 school in this State for the time during which the pub- 
 lic schools were kept open for the current scholaistic 
 year, shall be entitled to the benefits of the amounts ap- 
 portioned to their district ; and they shall determine the 
 amount to which each of such children shall be entitled, 
 and the same shall be paid by the County Superintend- 
 ent of Education to the parent or guardian of such 
 child, for which a receipt shall be taken as in case of 
 payments to teachers. 5. In those townships in which 
 less than the re(]uisite number of children of school age 
 reside, it shall be the duty of the township trustees to 
 arrange for the teaching of such children in such man- 
 ner as they may deem proper and just, subject to the 
 approval of the County Superintendent of Education, 
 and to pay for the tuition of such children in the man- 
 ner prescribed by law out of the school funds appor- 
 tioned to such township. 6. Such other business as 
 may be necessary to carry out the provisions of the law, 
 which shall include the election of teachers. 
 Approved March 4, 1903. 
 
 CONSTRUCTION OF SCHOOL HOUSES. 
 
 The following is the title of An Act passed by the 
 Legislature of Alabama at the session of 1903: 
 
 To authorize Boards of Revenue and Courts of County 
 Commissioners in the several counties in the State of 
 Alabama, to cause elections to be held in their respect- 
 ive counties, to authorize the issue of bonds for con- 
 structing or pav debts created for constructing public 
 buildings, INCLUDING SCHOOL HOUSES AND 
 BUILDINGS, public roads and bridges, and for such 
 other purposes as may be authorized by law ; to provide 
 for the manner of giving notice of such election, the 
 manner of holding same, and the payment of expenses 
 thereby incurred; and to authorize the issue of bonds 
 Vi^hen at such election the voters thereat shall decide in 
 favor of such bond issue. (See General Acts of Ala- 
 bama, 1903, j^o^ge 90.) 
 
96 
 
 See Page 20, § 3582, of 
 
 GENEEAL PUBLIC SCHOOL LAWS OF ALA 
 BAMA, 1903. 
 
 No. 140.) AN ACT (S. 147. 
 
 To amend Sections 3610 and 3612 of the Code of Ala- 
 bama, of 1896. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 Imrna, That Section 3610 of the Code of Alabama of 
 1896 be, and the same is hereby amended so as to read as 
 follows: 3610. County Superintendents Shall Make 
 Pay Rolls. — On the fiifteenth day of each month the 
 County Superintendent of Education shall make in du- 
 plicate, for each race separately, a pay roll, showing the 
 names of all teachers engaged^ in teaching public schools 
 in their counties, Avith their postoffice address, and the 
 estimated amount that will be due to each teacher at the 
 end of the current month from the funds of each town- 
 ship and range or district in its regular numerical 
 order; and shall append thereto an affidavit that the 
 same is correct. One of such duplicate pay rolls shall 
 be retained by the County Superintendent, and the 
 other he shall forthwith forward to the Superintendent 
 of Education, who shall examine the same, and if found 
 correct, it shall be approved by him and filed with the 
 Auditor. 
 
 Sec. 2.— That Section 3612 of the Code of Alabama 
 of 1896, be and the same is hereby amended so as to read 
 as follows: 3612. Teachers Paid and Receipts Taken. 
 —Immediately upon the receipt by the County Super- 
 ent of the amount of the monthly pay roll, he shall pay 
 the teachers, taking their receipt therefor on both copies 
 of said pay roll, and must by the fifteenth day of each 
 month return one copy of such receipted pay roll to the 
 Superintendent of Education. Provided, that in case 
 any teacher should fail to call for the mount due him 
 (or her), the County Superintendents of their respect- 
 
97 
 
 jve counties, shall at the expense and request of said 
 teacher mail the said teacher a registered letter or check 
 on some bank in their respective counties, for the 
 amount due him (or her), provided, that in no case 
 shall the County Superintendent pay a teacher or mail 
 him (or her), a registered letter or check unless the 
 said teacher's monthly report, duly certified to, is on 
 file. 
 
 Sec. 3. — That all laws and parts of laws in conflict 
 with the provisions of this act be, and the same are 
 hereby repealed. 
 ' Approved March 24, 1903. 
 
q8 
 
 Important Opinions of tlie Attorney 
 General. 
 
 August 12, 1903. 
 STATE TEXT BOOK LAW; EXEMPTION OF CEK- 
 TAIN COUNTIES FROM OPERATION OF. 
 
 Hon Isaac W. Hill, 
 
 l^^tate Superintendent of Education. 
 Dear Sir: 
 
 Complying with your request I proceed to give you 
 my views touching the matters below discussed. 
 
 Under the act of the Legislature of Alabama, ap- 
 proved February 18, 1891, a uniform series of text 
 books was provided for Marshall county. This statute 
 is not limited to any given period, but seems to have 
 contemplated a permanent text book system for Mar- 
 shall county. It was, therefore, in operation and effect 
 on March 4, 1903, when the State Text Book Law was 
 approved. Under the last named statute a county 
 which, at the time of its approval, had a uniform sys- 
 tem and had entered into contracts for supplies of 
 books, is exempted from the provisions of the act until 
 the expiration of such contracts. If Marshall county, 
 acting under the County Statute, had contracts for the 
 supply of school books on March 4, 1903, this State law 
 will not apply to that county until the termination of 
 such contracts, unless said county sees fit sooner to ac- 
 cept the provisions of the State law. The statute evi- 
 dently contemplated thait the contract which it refers 
 to should be a written contract, certain and definite in 
 all its terms, and especially as to the time it should run. 
 If the county has a contract it could not abandon such 
 contract without the consent of the other party to it. 
 Very respectfully, 
 
 Massey Wilson^ 
 Attorney General. 
 
99 
 
 November 6, 1903. 
 APPOKTIONMENT OF COUNTY SUPERINTEND- 
 ENTS OF EDUCATION. 
 
 Hon Isaac W. Hill, 
 
 ^upermiendent of Education, 
 
 Dear Sir: 
 
 I aicknowledge letter of John C. Williams to you of 
 the 20th ultimo, relating to the above subject. 
 
 The Codei provides that a county superintendent for 
 each county should be elected at each general election, 
 unless by a special act it is otherwise provided. — Code, 
 Section 3550. Local acts provide for the apportion- 
 ment of county superintendents in some of the counties. 
 Sections 25 and 27 of the act ''to further regulate elec- 
 tions in the State of Alabama," approved October 9, 
 1903, provide for the election of county superintendents 
 in the several counties in the State. You wish to know 
 whether this statute repeals the several local laws pro- 
 viding for the appointment of county superintendents 
 in some of the counties. 
 
 There is no provision in the general election law, 
 above cited, which in express terms repeals the local 
 laws referred to. If it repeals such laws it must be by- 
 implication. Repeals by implication are not favored; 
 and the repugnancy between two statutes should be 
 very clear to warrant a court in holding that the later 
 in time repeals the other, when it does not in terms pur- 
 port to do so. This rule has peculiar force in the case 
 of laws of special and local application, which are 
 never to be deemed repealed by general legislation ex- 
 cept upon the most uneqaivocal manifestation of intent 
 to that effect. I do not think the several local laws 
 providing for the appointment of county superintend- 
 ents are repealed. 
 
 Yours respectfully, 
 
 Massey Wilson, 
 Attorney General. 
 
lOO 
 
 Januairy 23, 1904. 
 
 TOWNSHIP TRUSTEES; EXEMPT FROM THE 
 PAYMENT OF POLL TAX; RIGHT TO VOTE. 
 
 Hon Isaac W. Hill, 
 
 i^upenntendent of Edtication. 
 Dear Sir : 
 
 I acknowledge receipt of a letter from Mr. L. M. Ste- 
 venson, Superintendent of Education of Randolph 
 county, addressed to you, and asking whether or not 
 Township Trustees are required to pay a poll tax in 
 order to be qualified to vote. You request me to give 
 you my view of this question. 
 
 The Constitution declares that "to entitle a person to 
 vote at any election by the people, he shall have * * 
 paid on or before the first day of February next preced- 
 ing the date of the election at which he offers to vote, 
 all poll taxes due from him for the year 1901, and for 
 each subsequent year." — Constitution, Section 178. 
 And that "the poll tax mentioned in this article shall 
 be one dollar and a half upon each male inhabitant of 
 the State, over the age of twenty-one years, and under 
 the age of forty-five years, who would not now be ex- 
 empt by law." — Constitution, Section 194. 
 
 So it will be seen that the payment of the poll tax is 
 necessary to qualify a person to vote, except those per- 
 sons exempt from the payment of poll tax on the date 
 of the ratification of the Constitution, November 28, 
 1901. On that date, and for many years prior thereto, 
 tlie statute was in force which exempts Township Trus- 
 tees from the payment of poll tax, so long as they shall 
 continue in office and perform the duties thereof. 
 Code, Section 3575. Township Trustees being exempt 
 from the payment of poll tax ait the date of the ratifica- 
 tion of the Constitution, and the Constitution declaring 
 that the poll tax mentioned therein shall be |1.50 upon 
 each male inhabitant not exempt by law, I am of the 
 opinion that Township Trustees are not required to pay 
 the poll tax in order to qualify to vote. 
 Very respectfully, 
 
 Massey Wilson, 
 Attorney General. 
 
lOl 
 
 August 30, 1904. 
 
 THE APPORTIONMENT OF PUBLIC SCHOOL 
 FUNDS. 
 
 Hon Isaac W. Hill, 
 
 Superintendent of Education^ 
 
 Montgomery J Ala. 
 Dear Sir: 
 
 I have investigated the question of the method of ap- 
 portionment of the Public School Funds, and respect- 
 fully submit my conclusions thereon. 
 
 The Constitution of 1S75 contains the followinor sec- 
 tion : "The general assembly shall establish, organize 
 and maintain a system of public schools throughout the 
 State, for the equal benefit of the children thereof be- 
 tween the ages seven and twenty-one years." — Constitu- 
 tion 1875, Article XIII, Section 1. In enumerating the 
 duties of the Superintendent of Education, he was re- 
 quired to apportion the public school funds in the fol- 
 lowing way: "He shall annually apportion the public 
 school fund to the various townships and school dis- 
 tricts, according to the entire number of children of 
 school age, and shall see to the proper disbursement of 
 the same." — Code, Section 3546, sub-division 5. It will 
 be observed that under the provisions above cited, the 
 Superintendent of Education apportioned the public 
 school fund to the various townships and districts, with- 
 out reference to the counties in which such townships 
 or districts were located. For purposes of apportion- 
 ment the township or district was the governmental 
 sub-division or entity to be dealt with. 
 
 There is a material difference in the correspondng 
 section of the Constitution of 1901 upon this subjieet, 
 from that contained in the Constitution of 1875. The 
 present Constitution declares: "The Legislature shall 
 establish, organize and maintain a liberal system of 
 public schools throughout the State, for the benefit of 
 the children thereof between the ages of seven and 
 twenty-one years. The public school fund shall be ap- 
 portioned to the several counties in proportion to the 
 
I02 
 
 number of children of school age therein, and shall ba 
 so apportioned to the schools in the distrcts or town- 
 ships in the county, as to provide, as nearly as practica- 
 ble, school terms of equal duration in such school dis- 
 tricts or towuships." — Constitution, Section 256. It will 
 he noticed that the Constitution does not, in express 
 words, declare who shall apportion the fund to the sever- 
 al counties. It is clear, however, that the intention is for 
 the Superintendent of Education to make such appor- 
 tionment. He made the apportionment to the town- 
 ships or* districts under the laiw as it existed at the time 
 the Constitution became effective, and the supervision 
 of the public schools is vested in him by both constitu- 
 tional and statutory provisions. He should apportion 
 the school fund to the several counties in accordance 
 with the section of the Constitution above quoted. 
 
 After the fund has been apportioned to the several 
 counties, the Constitution declares it shall be so appor- 
 tioned to the schools in the districts or townships in 
 the several counties, as to provide, as nearly as practi- 
 cable, school terms of equal duration in such school dis- 
 tricts or townships. The Constitution does not under- 
 take to prescribe rules to accomplish this end. It de- 
 clares the principle upon w^hich apportionment to the 
 various schools in the county shall be based but pro- 
 vides no machinery for carrying such principle into 
 practical effect. The act "to provide for the redistrict- 
 ing of the public schools of the State, and for the man- 
 agement and control of the same," (General Acts 1903, 
 page 289, Sections 10, 11 and 15), creates a county 
 I'oard of education in each of the several counties of tlie 
 State, and defines the duties of such board. The act 
 gives the county board of education entire control of 
 the public schools, except when otherwise provided by 
 law^, gives it power to contract with teachers and make 
 disbursements of the public fund subject to its approval. 
 [t does not in express terms give to such county board 
 the power to apportion the public school fund to the 
 several schools of the county, but I think the power to 
 do this is included within and flows from the very broad 
 and comprehensive terms used in the statute that define 
 
103 
 
 its powers and duties. It will become the duty of the 
 several county boards to apportion the public scliool 
 fund to the schools in the districts in the various coun- 
 ties, in such a way as to provide, as nearly as practica- 
 ble, school terms of equal duration in such school dis- 
 tricts, after the Superintendent of Education shall have 
 apportioned the fund to the various counties. 
 
 Yours respectfully, 
 
 Massey Wilson^ 
 Attorney General. 
 
 Sept. 7th, 1904 
 
 A COPY BOOK IS A TEXT BOOK, AND THAT 
 ADOPTED MUST BE USED IN THE PUB- 
 LIC SCHOOLS WHEN WRITING 
 IS TAUGHT. 
 
 Hon Isaac W, Hill^ 
 
 Superintendent of Education. 
 Dear Sir: 
 
 Your request for an opinion as to the proper construc- 
 tion, in the particular hereinafter indicated, of the re- 
 cent act of the Legislature, providing for the creation of 
 a Text Book Commission, and to procure for use in the 
 public free schools in this State, a uniform series of text 
 books, has been received. 
 
 The facts upon which information is desired are as fol- 
 lows : 
 
 Under this act the Text Book Commission selected 
 and adopted for use in the public schools, a copy book 
 published by Eaton & Company, and the contract was 
 awarded to that firm to furnish these copy books for use 
 in the public schools of this State, for a period of five 
 years. 
 
 The Text Book Commission, in construing this act has 
 held that it w^as permissible to teach writing in the pub- 
 lic schools of Alabama, without copy books, and in some 
 of the public schools, writing has been taught and is be- 
 
I04 
 
 ing taiigiit without using the copy books, selected and 
 adopted by the Text Book Commission. The question 
 for considereation is, can it be left to the discretion of 
 school boards, or teachers, to decline to use any text 
 book selected and adopted by the Text Book Commis- 
 sion, and teach such branch of study by some other 
 method, and without the use of such text books so sel ect- 
 ed and adopted. 
 
 It is declared in Sections 1, 16 and 17 of the act : ^'that 
 the Governor, State Superintendent of Education, and 
 three eminent teachers of the State * * * shall be 
 and are hereby constituted the School Book Commission 
 of the State of Alabama, whose duty it is to select and 
 adopt a uniform series or system of text books for use in 
 the public schools of this State. Said commission is 
 hereby authorized, empowered and directed to select and 
 adopt a uniform system or series of text books for use 
 in the public schools in this State, as above indicated, 
 and when so selected and adopted, the said text books 
 shall be used for a period of five years in all the public 
 schools of this State, and it shall not be lawful for any 
 officer, director or teacher, to use any other books upon 
 the same branches other than those adopted by said State 
 Text Book Commission. Said uniform series shall in- 
 clude the following branches of study, to^wit : 
 
 '^Orthography, reading, writing, arithmetic, geog- 
 raphy," etc. ''That any person or teacher violating the 
 provisions of this act, shall become guilty of a misde- 
 meonor, and upon conviction, be punished by a fine of not 
 less than ten dollars nor more than fifty dollars." 
 
 "That any teacher who shall use or permit to be used 
 in his or her school, any text book upon the branches 
 embraced in this act, where the Commision has adopted 
 a book on that branch other than the one so adopted, 
 shall be guilty of a misdemeanor, and upon conviction, 
 punished as provided for in Section 16 of this act." 
 
 It will be observed that Section 1 of the act specially 
 provides — 
 
 First — For the appointment of a Text Book Commis- 
 sion. 
 
 Second — It is made the duty of said Text Book Com- 
 mission to 'select and adopt a uniform series or system 
 
I05 
 
 of text books for use in the public schools of Alabama." 
 
 Third — The State Commission is authorized, empow- 
 ered and di/rected to select and adopt a uniform system 
 or series of text books for use in the public schools of 
 this State. 
 
 Fourth^When said text books are so selected and 
 adopted they "shall he used for a period of five years in 
 all of tlie public schools of this State." 
 
 Fifth — It is further provided that it shall not be law- 
 ful for any school officer, director or teacher to use any 
 other books upon the same branches other than those 
 adopted by the State Text Book Commission. 
 
 Sixth — Said uniform series shall include the follow- 
 ing branches of study to-wit: "Orthography, reading, 
 writing, arithmetic, geography," etc. 
 
 It is clearly the legislative intent that the system of 
 teaching these several branches shall be uniform in all 
 the public schools in this State, and to that end, it is 
 made mandatory that the text books selected and 
 adopted by the Text Book Commission, shall be used for 
 a period of fiYQ years, in the public schools, to the exclu- 
 sion of all other books upon the same branches. 
 
 It is also clearly the legislative intent that the books 
 adopted should be used in said public schools in order 
 to secure said text books at a cheaper price than hereto- 
 fore prevailed, and the mandatory requirement that 
 these books, when selected and adopted, shall be used 
 for a period of five years, wa^ supposed to be an induce- 
 ment to the various publishers to bid for the books at 
 a lower cost than they could be bought at retail. If it 
 were held that a teacher could refuse to teach arithme- 
 tic, or for that matter, any other text book selected and 
 adopted, and teach that particular branch of study by 
 a process of his own, independently of any book, this 
 (construction would emasculate the law, and leave it to 
 the discretion of each school board, or teacher, to deter- 
 mine whether or not he could teach arithmetic "out of 
 his head," by a higher or better process than by the 
 books selected and adopted by the Text Book Commis- 
 sion, and thereby destroy the uniformity in teaching 
 this branch. This intent is made still more specific and 
 
io6 
 
 clear by Section 16 of the act, which provides that any 
 pei^^on or teacher violating the pro\iSiOiis of this acr, 
 shall be guilty of a misdemeanor, and as a further guar- 
 antee that the text books adopted and selected by the 
 Commission, shall be used in the public schools of this 
 State, Section 17 of the act makes it a misdemeanor for 
 any teacher to use or permit to be used in his or her 
 school, any text book upon the branches embraced in 
 thiis act, other than those adopted. 
 
 The legislature has unlimited and exclusive power 
 to select the text books to be used in the public schools, 
 and to compel the use of the books selected. In the: ex- 
 ercise of this power by the enactment before referred to, 
 our court declares, "in the case of Dickinson v. Cunning- 
 ham (in M. S..) : "Two things are very clear to our 
 minds: one, that the legislature meant to provide an 
 exclusive privilege in order to secure books at the best 
 prices; the other, the legislature meant to prevent the 
 possibility of any break in the uniformity of the system 
 framed by the statute." 
 
 The question arises, therefore, as to whether or not 
 the copy book, selected and adopted by the Text Book 
 Commission for the uniform system or series of writing 
 to be taught in the public schools of this State, is a text 
 book. Of this there is no doubt. Webster defines a 
 text book to be any manual of instruction; an educa- 
 tional treatise ; a school book. The Century Dictionary 
 defines it to be a book used by students, as a standard 
 work for a particular branch of study; a manual of in- 
 struction. It is also there defined to be a book con- 
 taining a "Text or Texts," and one of the definitions 
 there given of the text, is "formal handwriting." The 
 legal definition of a book is much more comprehensive, 
 and greater than the popular idea of a book. A single 
 sheet of music has been held to be a book within the 
 pur\iew of the law. — (A. & E. Enc. of I^aw, 2d ed., Vol. 
 4, pp. 703-704. ) 
 
 The Supreme Court of Illinois in an able opinion 
 (The People ex rel. v. Board of Education, 175 111. 9), 
 held that a copy book was a text book within the mean- 
 ing of the law of that State, which is very similar to the 
 law of Alabama upon this subject. It is my opinion, 
 
I07 
 
 tlierefore, that the copy book of Eaton & Co., selected 
 and adopted by the Text Book Commission, must be 
 used and taught, in all the public schools of this State, 
 wherever writing is taught, and that it does not lie in 
 the discretion of any school board or teacher to provide 
 for R. different method of teaching writing, or to decline 
 the u ^e of these copy books in teaching that branch. The 
 contrary view would make possible a ''break in the uni- 
 fomity of the system," which our Supreme Court says 
 the legislature meant to prevent. 
 
 Respectfully yours, 
 
 Massey Wilson, 
 
 Attorney General. 
 
 September 24, 1904. 
 ilon Isaac W. Hill, 
 
 Superintendent of Education. 
 Dear Sir: 
 
 I have your favor of the 22d inst., requesting my opin- 
 ion of the questions below quoted : 
 
 "First. — Can any of the books that have been adopted 
 by the State Text Book Commission for the use of the 
 public schools of the State, be purchased from any per- 
 son or dealer other than the publisher having the con- 
 tract with the State to furnish such books, or his duly 
 constituted and appointed depositories, or regularly 
 and duly constituted agents throughout the counties of 
 Alabama, and be used hj a pupil or teacher in the pub- 
 lic schools of Alabama? 
 
 "Second. — If any of the books that have been adopted 
 by the State Text Book Commission for use in the pub- 
 lic schools of the State, having printed or stamped upon 
 them statements of the price and that they are supplied 
 under the contract with the State, are sold by a dealer 
 other than a duly appointed agent, or through channels 
 other than those provided by law and under contract, 
 and as a matter of fact they are not furnished by the 
 publisher or supplied to said dealer or person offering 
 them for sale through the agencies adopted, is the dealer 
 cr said personi so SiPllirg such bcok, guilty '^f a violation 
 of the statute, in such sort as to make him subject to 
 conviction for a misdemeanor under said statute?" 
 
io8 
 
 (1.) The Supreme Court of Alabama has ansAvered 
 the first question in the negative. It is decided in the 
 case of Dickinson v. Cunningham (in MS) that if abook 
 adopted by the State Text Book Commission was pur- 
 chased from a person or dealer other than the contractor 
 and was not supplied through a depository or agency, 
 such book could not be taught in the pubic schools. It 
 follows that it would be a misdemeanor to use a book so 
 obtained in the public schools of this State. 
 
 (2.) Under the Text Book Statute, and the con- 
 tracts made with publishers pursuant to it, the success- 
 ful bidders for the privilege of supplying books for the 
 public schools have the exclusive right to supply such 
 books for that purpose. — (Dickinson v. Cunningham, 
 supra; Clark v. Haworth, 7 L. R. A., 240). While this 
 exclusive privilege may result in benefit to the con- 
 tractor, it is supposed to be of corresponding benefit to 
 the public by enabling the patrons of the public schools 
 to get better and cheaper books. The contractors are 
 under bond in a large penalty to execute the contracts 
 on their part. Books furnished under these contracts 
 are required to come up to the standard of quality and 
 excellence of the samples furnished with the bids and 
 preserved by the Secretary of State. To make it easier 
 to fix liability on the contractors for a violation of the 
 statute, or of their contracts, and a safe-guard against 
 the introduction into the schools of books other than 
 those adopted, it is required that such contractors shall 
 cause to be printed upon every book furnished under 
 their contracts the contract price, the exchange price, 
 and the fact that the price is fixed by state contract, and 
 a re(}uest that deviations therefrom shall be reported to 
 the school authorities. If a dealer who is not a con- 
 tractor, or a designated depository, or a duly constitu- 
 ted agency, as provided for in the statute, should pro- 
 cure books from some source other than the regular 
 channels provided in the law, and himself cause to be 
 printed upon such books the matter required to be 
 printed upon books sold under contract, and sell such 
 books as if the same were sold pursuant to the text book 
 law, I think such conduct would be a violation of the 
 provisions of the act: Section 16 of the act declares 
 
I09 
 
 that any person violating its provisions shall be guilty 
 of a misdemeanor. I think, however, that books which 
 have been sold or supplied by a contractor with the 
 State, or through his depository or agency, and which 
 come up to the tests of the text book law, may be sold 
 ^^'ithin the Statei by any person or dealer who may have 
 become the owner of such books, without being subject 
 to criminial liability. Neither do I mean to say that the 
 mere sale of the adopted books by any dealer would be 
 a violation of the law, although such books, unless sup- 
 plied under the contracts with the State, could not be 
 used in the public schools. It is the printing upon 
 adopted books by persons who are not contractors, the 
 matter required to be printed upon them by the con- 
 tractors, and the selling of such books under and as in 
 compliance with the statute by persons who are not con- 
 tractors (privileges given exclusively to the contract- 
 ors) wiiich I think a violation of the law. 
 Very respectfully, 
 
 Massey Wilson^ 
 Attorney General. 
 
 September 28, 1904. 
 APPORTIONMENT OF SPECIAL SCHOOL TAX. 
 Hon. Isaac W. Hill^ 
 
 Superintendent of Education. 
 Dear Sir : 
 
 I am of the opinion that funds raised by the levy of 
 a special tax for the support of public schools under the 
 act approved October 1, 1903, should be apportioned 
 in substantially the same w^ay as the general school fund 
 is apportioned : that is, to the districts in the county 
 which are not governed by the general school law in the 
 proportion which the school population of such districts 
 bears to the entire school population of the county, and 
 that the remainder of the funds should be apportioned 
 to the several districts in the county which are gov- 
 erned by the general law in the same proportion that 
 the general fund has been apportioned by the county 
 board of education to such districts. 
 Very respectfully, 
 
 Massey Wilson, 
 Attorney General. 
 
no 
 
 THE STATE OE ALABAMA — JUDICIAL DEPARTMENT. 
 
 THE SUPKEME COURT OF ALABAMA. 
 
 November Term, 1904-5. 
 8 Div. 61. 
 
 G. A. Gibson et al., 
 
 V. 
 
 Jay Mabrey, et al. 
 Appeal from Marshall Chancery Court. 
 
 SIMPSON, J.— This was a bill filed, by G. A. Gibson, 
 J. E. Buckalew and J. B. Geiger, who allege that they 
 are the district trustees for school district No. 43, in 
 Marshall county, Alabama, and are also resident citi- 
 zens of said school district, taxpayers therein, and pa- 
 trons of the public schools in said district, having chil- 
 dren therein within the school age, against J. Mabrey 
 as county superintendent of education and as chief ex- 
 ecutive officer of the county board of education of said 
 county, and Cicero P. Bales, J. M. McCamey, Virgil 
 Dickson and F. E. Oliver, the individual members com- 
 posing said board, and Walter Amos. 
 
 The Redistricting Board, provided by Section 2 of 
 the Act of 1903, p. 289, divided said county into school 
 districts, and, in the district in question, located one 
 school house. 
 
 The Distr-ict Trustees provided for by Section 6 of 
 said Act, not being satisfied with the arrangement of 
 having only one school in said district, entered into a 
 contract with a teacher to teach a school at another 
 place in said district, which contract was disapproved 
 by the county board, provided for by Section 10 of said 
 Act. 
 
 Subsequently the county board entered into a con- 
 tract with the defendant, Walter Amos, to teach at the 
 place fixed by the said redistricting board for the school 
 house in said district. 
 
 The bill seeks to enjoin the county superintendent of 
 education from paying any of the funds, belonging to 
 the public school fund of said district to said Walter 
 Amos, or any other person, unless said person has been 
 employed by them to teach a public school, and such 
 
Ill 
 
 contract lias been approved by said county board; also 
 prays tliie; court to '^decree that said county board of ed- 
 ucation has no right ta prohibit the employment of more 
 than one teacher in said school district, or to prohibit 
 the employment of a teacher or teachers to teach more 
 than one public school in said district, and that they be 
 required and commanded to approve said employment 
 of a teacher by complainants, as district trustees, where 
 their approval has been withheld only on the ground 
 that the school was not contracted to be taught at the 
 place designated by the said redistricting board provi- 
 ded for by said Section 2 of said Act." Also that they 
 be enjoined in the future, from employing any such 
 teachers, and from directing their payment; also that 
 the county superintendent be enjoined. 
 
 The contention of the appellant is that the new law 
 is only an amendment of the old, and, (although there 
 was no such officer under the old law as district trustee, 
 and although the township trustees, under the old law, 
 did not have the power to decide the number of schools 
 to be held in a township, but had to call a meeting of 
 the parents and guardians to attend to that matter, and 
 although, under the old law, the action of said township 
 trustees, in case the parents and guardians failed to act 
 was subject to an appeal to the county superintendent, 
 Code of 1896, Sections 3560, 3565) that the district 
 trustees have a right to establish another school in a 
 ^choal district, make a contract with a teacher and de- 
 mand that he be paid out of the school funds. 
 
 The Act of 1903 is clearly a restatement of the entire 
 law on the subject of the redistricting of the . public 
 schools, and in regard to the management and control 
 of the same, and was intended to set up a new system, 
 so that whatever power any school officer may have on 
 these subjects must be derived from this act. The du- 
 ties of the district trustees are specifically enumerated 
 in sections 7, 8, 9 and 10 of said Act, and there is no in- 
 timation of any power in them to determine how many 
 schools shall be in the district, and they are authorized 
 to employ teachers only "subject to the approval of the 
 county board.'' So that, even after the location of the 
 school has been fixed, any contract made by them with 
 
112 
 
 a teacher is merely tentative, until it is approved by 
 the county board. Where then does rest the power to 
 regulate these matters? Sections 2, 3. 4 and 5 provide 
 for "redistricting boards" and their duties, and al- 
 though it seems to have been customary for them to fix 
 the place for the schools, yet there is no specific direc- 
 tion for them to locate the schools. This, however, is 
 immaterial, as the county board could adopt the loca- 
 tion by them or adopt another, as they deem best. 
 
 Section 11 of the Act provides that the county board 
 of education "shall have entire control of the public 
 schools Avithin their respective counties, unless otherwise 
 provided by law. They shall make rules and regula- 
 tions for the government of the schools, see that the 
 teachers perform their duties, and exercise such powers 
 consistent with the law, as, in their judgment, will best 
 subserve the cause of education." 
 
 It is very clear that the matter of the location of the 
 schools in the several districts, does not come within the 
 powers conferred on the district trustees, but under the 
 comprehensive powers given to the county board is a 
 deliberative body charged with the duty of determining 
 whether the employment by the district trustees of a 
 teacher is such as, in the furtherance of the educational 
 interests of the district, should be approved. Conse- 
 quently, their reasons for approving or disapproving 
 cannot be inquired into. 
 
 The statute makes it the duty of the ditsrict trustee^ 
 to employ teachers, subject to the approval of the county 
 board, but it is their duty to employ the teacher to teach 
 at the place fixed by the county board. It is true that 
 trustees may become obdurate, and, by failure to work 
 in harmony, defeat the object of the law to have a school 
 taught in each district, yet, in the matter of the selec- 
 tion of teachers, the intention of the lawmakers in the 
 passage of this Act appears to be that it shall require 
 the concurrence of both the district trustees, and the 
 county board, to the selection and employment of a 
 teacher. 
 
 It is true that the powers granted to the county board 
 of education by Section 11 are very comprehensive, yet, 
 as the previous section makes it the duty of the district 
 
113 
 
 trustees to employ the teachers, we hold that the general 
 powers given to the county board do not deprive the 
 district trustees of the right to employ the teacher sub- 
 ject to the approval of the county board, nor authorize 
 the county board to employ one. 
 
 It results that the 7th cause of demurrer to the bill 
 should have been overruled, and the 1st, 2d and 3d 
 causes were properly overruled. The 4th cause should 
 have been overruled, and the 5th and 6th causes were 
 properly sustained, and the 8th should have been over- 
 ruled. 
 
 The chancellor erred in sustaining the motion to dis- 
 miss the bill. 
 
 The decree of the court, in so far as it sustained the 
 demurrer to the bill is affirmed, but in so far as it sus- 
 tained thei motion to dismiss the bill the decree is re- 
 versed and a decree will be here rendered overruling! the 
 motion to dismiss the bill. 
 
 Affirmed in part, and reversed in part and rendered. 
 
 McClellan^ C. J., Tyson and Anderson^ J .J., con- 
 curring. 
 
 To be reported. 
 
 THE STATE OF ALABAMA — JUDICJIAL DEPARTMENT. 
 
 ^ THE SUPREME COURT OP ALABAMA. 
 
 November Term, 1904-5. 
 4 Div. 960. 
 
 J. C. Brown, 
 
 V. 
 
 J. M. Sanders, Superintendent of Education, etc. 
 
 Appeal from Pike Law Court. 
 
 ANDERSON, J.— The school taught by the relator is 
 located within the territory described in the Act of 1884- 
 85, page 454, making the same a separate school dis- 
 trict. 
 
114 
 
 Section 19 of the Act of 1903, page 294, says : ^^The 
 provision of this Act shall not apply to any county 
 heretofore districted by law and which has a special levy 
 from the county for the support of the public schools or 
 to school districts heretofore established by law,'' 
 
 Since the district in which the school in question is 
 located, was established before the passage of the last 
 mentioned Act, it has no application to said district, 
 and the county board of education had no authority to 
 select the relator as a teacher for that school, or to enter 
 into a binding contract in reference to a school in said 
 district. The relator has not made out a case that 
 would entitle him to the relief sought. 
 
 The judgment of the court below is affirmed. 
 
 McOlellan, C. J., Tyson and Simpson^ J. J., con- 
 curring. 
 
 To be reported. 
 
 November 18, 1904. 
 COUNTY SUPERINTENDENTS OF EDUCATION. 
 
 Hon. Isaac W. Hill, 
 
 Supcrhitcudcnt of Education. 
 Dear Sir: 
 
 I think the terms of those of the County Superintend- 
 ents who are elected and governed by the general law 
 (Section 3551 of the Code), expired on the first day of 
 October, of this year; and that successors who were 
 elected at the November election of the present year are 
 entitled to their offices as soon as they qualify. 
 
 If tlie incumbents do not surrender the offices, I thi -^k 
 it will be necessary for their successors to take such 
 legal steps as may be required to obtain possession of 
 the offices, and of the books and papers pertaining 
 thereto. Without possesson of these it will be impos- 
 sible for the newly elected officers to discharge the du- 
 ties of the offices, and in the meantime, (in order that 
 the public business may not suffer) I think you may 
 
115 
 
 properly continue to transact the necessary business of 
 the offices through the incumbents. They are at least 
 defacto officers, and their acts as such will doubtless be 
 valid so far as the public is concerned. 
 Very respectfully, 
 
 Massey Wilson^ 
 Attorney General. 
 
 June 26, 1905. 
 
 TAX OFFICER'S COMMISSIONS FOR COLLECT- 
 ING SCHOOL TAX. 
 
 Hon. Isaac W. Hill, 
 
 Superifitendent of Education. 
 Dear Sir: 
 
 I beg to acknowledge letter from Mr. John C. Wil- 
 liams, Superintendent of Education for Talladega 
 county, to you concerning commisisions to be allowed the 
 assessor and collector for assessing and collecting the 
 special school tax in Talladega county. 
 
 The question should have been addressed to the State 
 Auditor. - The tax officers are required to make settle- 
 ments through his office, and he will have to determine 
 what commissions are allowable. It is my idea, how- 
 ever, that in estimating the assessor's commissions the 
 aggregate of this and all other assessments should be 
 taken, and that the commissions should not be allowed 
 on the school tax separately, and that the collector is 
 entitled to two per cent for collecting the special schck)! 
 tax. General Acts, 1903, p. 352; Code, Sections 3925 
 and 2997. 
 
 Yours truly, 
 
 'Massey Wilson, 
 
 Attorney General. 
 
ii6 
 
 INDEX. 
 
 Agriculture, teach ing of, in places of 500 popula- 
 tion and over, provided for 78 
 
 Attorney-General's rulings 98. 
 
 Benefits und(S' act providing for sale of 16th sec- 
 tion lands containing or supposed to con- 
 tain niinc^rals 91 
 
 Construction of school houses, title of an act 95 
 
 (;urry, Jabez Lamar Monroe, memorial statute of, 
 
 in Statuary Hall in Washington, D. C 88 
 
 I>i strict s in new counties, provision for regulation 
 
 of 87 
 
 District Agricultural Schools, boards of control of, 
 
 how constituted, etc 77 
 
 Elections to levy special tax for support of, pro- 
 vided for 79 
 
 Election of County Commissioners, Boards of Rev- 
 enue, and County SuiJerintendents of Edu- 
 cation elected on first Tuesday in Novem- 
 
 vember, 1902, ratified and confirmed 87 
 
 Establishment of, in townships, and provisions 
 for regulation thereof by trustees under 
 
 Sec. 3562, Code, as amended 94 
 
 Examination law 41 
 
 Form of 16th Section note 57 
 
 Form of certificate of purchase 16th section land. . 58 
 Form of report of sale State 16th section land. ... 58 
 
 Form of 16th section bond 59 
 
 Form of lease 16th section lands 60 
 
 Instructions regarding Examination law 51 
 
 Law fixing minimum term 55 
 
 Law re(juiring Normal graduates to procure certi- 
 ficates 56 
 
 Law amending Sec. 3602 of Code 56 
 
 Monthly payment of teachers 96 
 
 RULINGS OF ATTORNEY GENERAL. 
 Municipalities authorized to levy special tax for 
 purchase of property for, and maintenance 
 of 90 
 
Normal, two extra periods of exammation for ap- 
 plicants to teach, provided for 78 
 
 Pay rolls and payment of teachers, under See's. 
 
 3610 and 3612, Code, as amended 95 
 
 Kedistriction of, provision for 82 
 
 Rules of State Board of Examiners 48 
 
 State Text Book Commission created in interest 
 
 of, and provisions as to 62 
 
 Summer school for teachers, at University of Ala- 
 bama 75 
 
 GENERAL PROVISIONS. 
 
 SECTION. 
 
 Appropriation for public schools 3539 
 
 Appropriations when, accrue, and placed to cred- 
 it of educational fund 3540 
 
 General designation of officers for administration 
 
 of public schools 3541 
 
 Normal schools ; amount for support of, set apart 
 
 out of educational fund 3602 
 
 Public schools; appropriation for 3559 
 
 Officers for administration of, 
 
 general designation of 3541 
 
 Scholastic periods what, are 3598 
 
 School fund; when appropriations accrue, and 
 
 place to the credit of 3540 
 
 SUPERINTENDENT OF EDUCATION. 
 
 Alcoholic drinks, etc., shall make provision for 
 instructing people as to effect of, upon hu- 
 man system Subd. 3 3546 
 
 Biennial reports to be made by, to governor; con- 
 tents of 3547 
 
 printed and distributed 3548 
 
 Bond of; by whom approved, etc., where filed. . . 3543 
 Books of county superintendent subject tO' exami- 
 nation by superintendent. 3558 
 
 Clerks, authorized to employ; salaries of 3545 
 
 Constituiton, State and Federal, shall make pro- 
 visions for instructing pupils in — Subd. 4 3546 
 
ii8 
 
 County Superintendent, may remove, when .... 3551 
 
 require new or addition- 
 al bonds of ; effect of no- 
 tice to give 3554 
 
 fixes and approves bond 
 
 of 3552 3553 
 
 County Superintendent, shall fill vacancy in office 
 
 of; term of appointee. . . 3559 
 books and accounts of, 
 subject to examination 
 
 by 3558 
 
 Duties of, generally 3546 
 
 as to apportionment and disbursement of 
 
 school funds 3601-3623 
 
 and powers of, as to sale and lease of 
 
 school indemnity lands 2661-3666 
 
 Enumeration, new, of children, when may order; 
 
 expense of, how paid 3574 
 
 Fixes amount of, and approves bond of county 
 
 superintendents 3552, 3553 
 
 Hygiene and physiology, shall make provisions 
 
 for instinicting pupils in, etc., Subd. 3 . . . . 3546 
 
 May remove county superintendent, when 3551 
 
 re(iuire new or additional bond of county 
 
 superintendent 3554 
 
 effect of notice to ?ive 3554 
 
 Oath of office 3543 
 
 Office, books, papers, and records 3544 
 
 Patent, when certificate by, necessary to issue of, 
 
 for school lands 3654 
 
 Salary of : 3542 
 
 School fund, duties as to appointment and dis- 
 bursement of 3601-3623 
 
 indemnity lands, duty and powers as to 
 
 sale and lease of 3661-3666 
 
 Shall fill vacancies in office of county superin- 
 tendent 3559 
 
 Term of office of 3542 
 
 Vacancy in office of, filled, by governor; term of 
 
 appointee 3549 
 
 county superintendent filled by superin- 
 tendent 3559 
 
119 
 
 COUNTY SUPERINTENDENT. 
 
 ALiiiual report, etc., required to make. . . .Subd. 6 3556 
 
 forfeiture for failure to make 355T 
 
 Appeal from townshij) trustees for each toAvu- 
 
 sliip or other school district 3560 
 
 members of county boards of education. . 3583 
 
 Apportions funds unused for tAvo years ; report of 3619 
 
 Approves contract with teachers 3569 
 
 Board of Education, county, president of 3583 
 
 members of, appointed by. . . . 3583 
 
 Bond of; amount fixed by superintendent of edu- 
 cation ; conditions, etc 3552 
 
 approval, filing, and record of 3553 
 
 new or additional, may be required; ef- 
 fect of notice to give 3554 
 
 Books and accounts of, may be examined by su- 
 perintendent of education, etc 3558 
 
 Compensation of, when may be used by, etc 3555 
 
 County board of education, president of 3583 
 
 members of, appointed by 3583 
 
 Decision on appeal from township trustees final 3565 
 
 Duties of, generally 3556 
 
 as to bonds of township trustees, when 
 
 lands about to be sold or leased 3659 
 
 making' pay rolls, paying teachers, etc. 3610-3616 
 
 Election of, unless special act for appointment. . 3550 
 term of office; superintendent of education 
 
 may remove, etc 3551 
 
 Enumeration of children ; must report, to super- 
 intendent of education, when 3573 
 
 Funds unused for two years apportioned by; re- 
 ports of ' 3619 
 
 Must make to superintendent of education report 
 
 of enumeration 3573 
 
 Oath of office and bond 3552 
 
 Penalty for failing to make pay rolls, sign re- 
 ceipts or pay teachers 3616 
 
 President of county board of education 3583 
 
 teachers' institutes 3591 
 
 Teachers, approves contracts with 356^ 
 
 institutes, president of 3591 
 
120 
 
 Term of office of ; may be removed by superintend- 
 ent of education, when 3553 
 
 Township trustees ; appoints three for each tow^n- 
 
 ship or other school district 3560 
 decision on appeal from, final 3565 
 duty as to bonds of, when 
 lands about to be sold or 
 
 leased by 3659 
 
 Vacancies in office of; how filled; term of ap- 
 pointees 3559 
 
 TOWNSHIP TRUSTEES. 
 
 Appointment of three, for each township or dis- 
 trict, by county superintendent ; term .... 3560 
 
 Bonds must be given by, when school lands about 
 
 to be sold or leased 3659 
 
 Compensation of, for holding- election and making 
 
 sale of lands; penalty for certain defaults 3650 
 
 Contracts with teachers ; contract for trausferred 
 
 pupils 3569 
 
 Duties and powers of, as to lease and sale of 
 
 school lands 3625-3660 
 
 Each district under management of, as to matters 
 
 connected with public schools 3594 
 
 Employing teachers and opening schools, rules in 
 
 reference to 3568 
 
 Enumeration, must make, of children within edu- 
 cational age; when 3573 
 report of, to county su- 
 perintendent ; w^hen 3573 
 county superintendent must report, 
 
 to superintendent ; when 3573 
 
 Enumeration, new, may be ordered by superin- 
 tendent, when; expense of; how paid. . . . 3574 
 
 Exempt from road and jury duty, and from poll- 
 tax '. 3575 
 
 Have supervision of, and power to establish pub- 
 lic schools 3561 
 
 Jury duty, exempt from 3575 
 
 Local school funds, have charge of apportionment 
 
 and expenditure of; exception 3617 
 
121 
 
 Location of school Avhen only one in a township ; 
 how located; change of loca- 
 tion 3566 
 
 and employment of teachers, to 
 
 what regard must be had in 3567 
 May be removed from office by county superin- 
 tendent Subd. 7 3556 
 
 Meetings with parents and guardians; business 
 
 transacted thereat 3562 
 
 report to county superintendent number 
 and location of schools, etc., within 
 
 ten days after such 3563 
 
 notice and duration of; effect of failure 
 
 to attend 3564 
 
 appeal to county superintendent from 
 
 decision of trustees at such 3565 
 
 Must visit schools in their district at least once 
 
 during each scholastic year 3570 
 
 Penalty for certain defaults in reference to sale 
 
 of school lands 3650 
 
 Poll-tax, exempt from 3575 
 
 Eoad duty, exempt from 3575 
 
 School lands, must report income from sale or 
 
 lease of 3634 
 
 duties and powers as to lease and 
 
 sale of 3625-3660 
 
 compensation for holding election 
 
 and making sale of 3650 
 
 Teachers, to what regard must be had in locating 
 
 schools and employing 3567 
 
 employing, and opening schools, rules 
 
 in reference to 3568 
 
 Teachers, execution of contracts with; contract 
 
 for transferred pupils 3569 
 
 may remove, but must pay for time 
 
 taught '. 3571 
 
 must require, to register daily attend- 
 ance of pupils) 3572 
 
 Transferred pupils, must contract with teachers 
 
 for 3569 
 
 Vacancies in office of, filled by county superin- 
 tendent Subd. 9 3556 
 
122 
 
 PUBLIC SCHOOLS. 
 
 Attendance of pupils to be registered. . . . 3572, 3580 
 Board of education ; how constituted ; vacancies ; 
 
 by whom filled 3583 
 
 meetings of 3584 
 
 power to cancel licenses; 
 
 cause for cancellation .... 3588 
 Child to attend but one public school, etc., except 
 
 by consent, etc 3596 
 
 when non-resident, entitled to school pri- 
 vileges 3597 
 
 Contracts for, invalid, when 3606 
 
 Location of, when but one in toAvnship; how lo- 
 cated ; change of location 3566 
 
 to what regard must be had in 3567 
 
 meeting as to, number, etc., of schools 3562 
 Must be visited at least once during schlastic 
 
 year by trustees 3570 
 
 separate schools for the two races 3600 
 
 Non-resident, when entitled to school privileges. . 3597 
 
 Opening schools, rules in reference to 3568 
 
 Pupils enlisted to instruction in 3595 
 
 attendance of, to be registered . . 3572, 3580 
 child to attend but one, except by con- 
 sent, etc. ' 3596 
 
 when non-resident, entitled to school 
 
 privileges 3597 
 
 Pupils, public examinations and certificates to. . 3599 
 must be instructed as to the nature of alco- 
 holic drinks and narcotics 3578 
 
 must be instructed in state and federal con- 
 stitutions Subd. 4 3546 
 
 Rules in reference to opening schools 3568 
 
 Scholastic periods, what are.^ 3598 
 
 School districts: establishment and supervision 
 
 of; capacity to hold property 3594 
 
123 
 
 Teachers shall instruct as to nature of alcoholic 
 drinks and narcotics and their ef- 
 fects, etc 3578 
 
 hoAV long certificates to, are valid. . . . 3579 
 register of attendance of pupils to be 
 
 kept and submitted, etc 3580 
 
 must make quarterly reports to coun- 
 ty superintendent ; contents of, etc . 3581 
 not entitled to compensation until re- 
 ports made 3581 
 
 to be paid quarterly, and receipts 
 
 taken 3582,3612 
 
 when i)aid monthly 3614 
 
 to Avhat regard must be had in em- 
 ploying 3567 
 
 Teacher, rules in reference to employing 3568 
 
 execution of contracts with; contract 
 
 for transferred pupils 35G9 
 
 removal of, by trustees; payment for 
 
 time taught 3571 
 
 must keep register of daily attendance 
 
 of pupils \ 3572 
 
 cause for cancellation of license to teach 3588 
 Teachers' institutes; duty of board of education 
 
 to organize 3590 
 
 officers and members of; not 
 
 imposed without consent. 3591 
 meeting of; address; attend- 
 
 tendance, .etc 3592 
 
 business of 3593 
 
 To be established by, and be under supervision of 
 
 township trustees 3561 
 
 what regard must be had in locating. . . . 3567 
 Two races, separate schools for the 3600 
 
 SCHOOL FUNDS, APPORTIONMENT AND DIS- 
 BURSEMENT OF. 
 
 Apportionment ; basis of, and how made 3605 
 
 to be recorded and certified to 
 
 county superintendents 3606 
 
 and expenditure of local school 
 
 money 3617 
 
 of income from trust fund when 
 township divided 3618 
 
124 
 
 Auditor certifies amount of money to credit of 
 
 educational fund 3601 
 
 amount certified by, to be apportioned by 
 superintendent, drawn and disbursed, 
 
 etc 3601 
 
 amount apportioned certified to ; no war- 
 rant drawn in excess; balance unap- 
 portioned certificate to treasurer. . . . 3603 
 Auditor, amount due each county apportioned 
 
 and certified to \ 3609 
 
 shall draw warrant in favor of county 
 
 superintendent 3611 
 
 file said warrant- and pay roll with 
 
 the treasurer 3611 
 
 must prepare blank pay rolls, receipts, 
 
 etc 3613 
 
 Contingent expenses and amount for normal 
 schools set apart, residue appor- 
 tioned 3602 
 
 fund for department of education . . 3622 
 unexpended part of, credited to 
 
 next year 3623 
 
 Each county receives poll-tax collected therein, 
 
 and no more . 3307 
 
 township and race entitled to its poll-tax; 
 
 report as to 3608 
 
 Fund, what, first set apart; effect of apportion- 
 ment \ |3604 
 
 once apportioned, not used for other 
 
 purposes until reapportioned 3620 
 
 unused for two years, apportioned by 
 
 county superintendent 3619 
 
 what part of income of townships new 
 
 districts are entitled to 3621 
 
 Local school money, apportionment and expendi- 
 ture of ^ , 3617 
 
 New districts, Avhat part of income of townships, 
 
 entitled to 3621 
 
 Pay rolls, county superintendents shall make 
 
 quarterly 3610 
 
 duplicate, to be forwarded to superin- 
 tendent 3610 
 
125 
 
 Pay rolls, if correct, approved and filed with au- 
 ditor 3610 
 
 auditor shall draw warrant for amount 
 
 of, in favor of county superintendent 3611 
 must file warrant and, with treasurer. . 3611 
 treasurer must forward money, pay roll 
 
 and duplicate receipts, etc 3611 
 
 Pay rolls, teachers paid, and duplicate pay rolls 
 
 to be signed by 3612 
 
 duplicate, returned to superintendent. . 3612 
 auditor must prepare blanks, receipts, 
 
 etc 3613 
 
 when teachers paid monthly, duty of 
 
 county superintendents as to 2614 
 
 if any balance in hands of county su- 
 perintendent deduct from next quar- 
 terly 3615 
 
 county superintendent failing to make, 
 sign receipts, or to pay teachers, etc., 
 
 must be removed from office 3616 
 
 Poll tax, each county receives, collected therein, 
 
 no more 3607 
 
 township and race entitled to its; re- 
 port as to 3608 
 
 State treasurer, duty of, as to forwarding money, 
 
 etc., to county superintendent 3611 
 
 Teachers, payment of when made; manner of 
 
 taking receipts, etc 3612 
 
 when paid monthly; duty of county 
 
 superintendent 3614 
 
 Township divided, apportionment of income from 
 
 trust fund when 3618 
 
 SCHOOL LANDS. 
 
 Past-due notes to be placed in hands of, etc .... 3655 
 for indemnity school lands placed 
 
 in hands of, when 3663 
 
 Apportionment of agents, etc., by 3656 
 
 Bonds required of trustees when lands about to be 
 
126 
 
 sold or leased 3959 
 
 Clerk of court to certify certain facts, etc., to su- 
 perintendent of education; penalty for 
 
 failure 3949 
 
 Collection of notes for purchase money of . . . .3655-3657 
 Compensation of township trustees for holding 
 
 election for, and sale of 3650 
 
 Costs not to be taxed against township when no 
 
 money recovered, etc 3649 
 
 Definition as to what are school lands, and in 
 
 whom vested 3625 
 
 Election as to sale of 3635 
 
 oath of inspector of 3636 
 
 if inspector absent how place supplied . . 3637 
 polls to be opened and closed at what 
 
 hours 3638 
 
 manner of voting at 3639 
 
 if majority for sale, survey made, and 
 
 minimum price fixed 3640 
 
 plat of land with minimum price marked 
 
 to be kept for inspection 3641 
 
 Faith and credit of- State pledged for payment of 
 
 interest on school fund, etc 3658 
 
 Fines under provisions of sections 3649 and 3650 
 
 go to school fund . 3651 
 
 Incorporation of townships 3624 
 
 Indemnity school lands, sale of, authorized 3661 
 
 manner and terms of sale 
 
 of 3664 
 
 proceeds of sale of; how 
 
 disposed of 3662 
 
 notes taken by superin- 
 tendent, etc 3663 
 
 when turned over to attor- 
 ney general 3663 
 
 lease of, provisions as to . . 3665 
 what provisions as to tres- 
 pass, resale, etc., appli- 
 cable 3666 
 
 Issue of patents; correction of mistakes, etc.,. 3652-3654 
 Other lands may be leased; terms; rent; notice; 
 
 duties of lessee, etc 3627-3630 
 
127 
 
 Patent, when to be issued 3652 
 
 issue of, by secretary of state; correction 
 
 of mistakes 3653 
 
 Patents; in other cases; certificate of superin- 
 tendent necessary, etc 3654 
 
 Penalty against clerk of court for failure to certi- 
 fy certain facts, etc 3649 
 
 township trustees for certain de- 
 faults relative to sales, etc ... . 3650 
 
 for injury to timber on 3632, 3633 
 
 Plat of, with minimum price marked, etc., to be 
 
 kept open for inspection 3641 
 
 Proceeds of sale of, to be covered into state treas- 
 ury 3658 
 
 faith and credit of state pledged 
 
 for payment of interest on . . 3658 
 
 Provisions of article as to sale of, directory 3644 
 
 what applicable to trespass on, resale, 
 
 etc., of indemnity lands 3666 
 
 Purchase money, collection of notes for 3655-3657, 3663 
 
 Report of income from leasing or renting 3634 
 
 Resale of; when may be made 3646 
 
 Revesting of title; clerk to certify facts; penalty 
 
 for failure; costs 3649 
 
 Sale of, election for 3635-3639 
 
 if majority for, survey made and mini- 
 mum price fixed 3640 
 
 plat with minimum price marked, etc., 
 
 to be kept free to inspection 3641 
 
 notice of 3642 
 
 at public auction, terms of 3643 
 
 provisions as to, directory 3641 
 
 report of ; disposition of purchase money 
 
 notes 3645 
 
 resale, when 3646 
 
 certificate of purchase 3647 
 
 effect and operation of 3648 
 
 revesting of title, etc 3649 
 
 compensation to township trustees for 
 
 making ; penalty for defaults 3650 
 
128 
 
 Bale of, proceeds of, covered into state treasury 3658 
 bond required of trustees when, or lease 
 
 about to be made 3659 
 
 Sale of, by whom, duties as to, etc., performed 
 by whom, duties as to, etc., performed 
 
 when township divided 36C0 
 
 school indemnit}^ lands, authorized .... 3661 
 
 proceeds of ; how 
 
 disposed of. 3662 
 notes taken by 
 superintend- 
 dent of ed- 
 ucation 3663 
 
 when to he placed 
 with attorney general 3663 
 manner and terms 
 
 of 3664 
 
 School indemnity lands, lease of 3665 
 
 provisions applicable to 3666 
 
 Secretary of State ; issue of patent by ; correction 
 
 'of mistake 3653 
 
 State, faith and credit of, pledged for payment of 
 
 interest on school fund 3658 
 
 Timber lots reserved 3626 
 
 how used 3631 
 
 penalty for injury to timber on. .3632, 3633 
 
 Township, incorporation of 3624 
 
 credited with collections on notes given 
 
 for sale of 3657 
 
 when, divided, by whom duties as to 
 
 lands performed 3660 
 
 trustees, compensation of, for making 
 
 sale, etc 3650 
 
 Trustees, township, compensation of, for making 
 
 sale, etc 3650 
 
r 
 
yc 066 IT, 
 
 381353 
 
 UNIVERSITY OF CAUFORNIA LIBRARY 
 
CD 
 P- 
 
 O 
 
 <1 
 CD 
 
 O 
 
 (r+ 
 
 CD 
 hi 
 
 CD 
 Ui 
 GQ 
 O 
 
 hi 
 
 GO 
 
 GQ 
 CD 
 
 hi 
 
 <i 
 
 CD 
 P- 
 
 P 
 GQ 
 
 GO 
 
 c:> 
 
 go 
 
 CD 
 
 O 
 Mi 
 
 a- 
 
 P 
 
 p 
 
 P- 
 
 H 
 
 P 
 
 CD 
 
 [:i 
 
 B M 
 
 GO 
 
 CD 
 
 GO 
 
 GO 
 
 Hj 
 
 c:> 
 
 ty 
 
 O 
 
 ts- 
 
 o 
 
 ^ 
 
 O 
 
 
 
 CD 
 
 o 
 
 • 
 
 hi 
 
 ,^^ 
 
 pi! 
 
 
 Q 
 
 o- 
 
 
 0? 
 
 CD 
 
 O 
 
 CD 
 hi 
 
 GO 
 
 CD 
 
 1 
 
 CD