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school OIIICB^, upon the termination of his term of office, 
 shall immediately surrender to his successor all books, papers and 
 moneys pertaining or belonging to the office, taking a receipt there- 
 for,- CODE, SECTION 2770. 
 
AMENDMENTS 
 
 o 
 
 fe TO THE 
 
 H 
 
 School Laws of 1897, 
 
 As Enacted by the Twenty-Eighth 
 
 o 
 
 H g General Assembly. 
 
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 33 
 
 Sf 1000 
 
 gp 
 
 H tj 
 
 gtf PUBLISHED BY THE SUPERINTENDENT OF PUBLIC INSTRUO 
 gg TION, IN CONFORMITY WITH SECTION 2624, FOR 
 
 DISTRIBUTION TO SCHOOL OFFICERS 
 
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 g AND BOARDS OF DIRECTORS. 
 
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 ^^Te R A ^ 
 
 B X^ ' TMK 
 
 ? I XTNIVERSITY 
 
 *$CALIFOS!S> 
 
 DES MOtNES: 
 
 F. B. CON A WAT. STATE POINTER. 
 1900. 
 
 82737 
 
DISTRIBUTION OF LAWS. 
 
 Volumes bound in paper covers shall be furnished to each 
 school director, to be turned over by the director to his suc- 
 cessor in office. See code, section 2624. 
 
 Each school officer, upon the termination of his term of 
 office, shall immediately surrender to his successor all books, 
 papers and moneys pertaining or belonging to the office, taking 
 a receipt therefor. See code, section 2770. 
 
 PREFACE. 
 
 Chapter 23. School corporations may accept gifts and bequests. 
 
 Chapter 41. Amount of indebtedness that may be incurred. 
 
 Chapter 94. Duties and expenses of the state superintendent. 
 
 Chapter 96. Provides for granting special state certificates. 
 
 Chapter 104. Authorizes special meetings of the electors. 
 
 Chapter 105. Board may determine number of precincts. 
 
 Chapter 106. Secretary calls special election to fill vacancies. 
 
 Chapter 107. Board may authorize subdirectors to employ teachers. 
 
 Chapter 108. Contingent fund levied for transportation of pupils. 
 
 Chapter 109. Vocal music shall be taught in all public schools. 
 
 Chapter 110. Apportionment fund used for library purposes. 
 
 Chapter 111. Petition for county uniformity of text-books. 
 
 Chapter 112. County superintendent has charge of text-books. 
 
 Chapter 142. Bond money may be used to purchase sites. 
 
SESSION LAWS. 
 
 CHAPTER 23. 
 
 ENABLING SCHOOL, CORPORATIONS TO ACCEPT GIFTS AND 
 
 BEQUESTS. 
 H. F. 3. 
 
 AN ACT to amend section seven hundred and forty (740) of the code, 
 enabling school corporations to accept gifts and bequests. 
 
 Be it enacted ~by the General Assembly of the State of Iowa: 
 
 SECTION 1. Power to accept bequests^how adminis- 
 tered. That section seven hundred and forty (740) of the code 
 be and the same is hereby amended by striking out of the sec- 
 ond line thereof the words, "other municipalities," and insert- 
 ing in lieu thereof the words, "school corporations;" and by 
 inserting after the word "be quest "in the third line of said 
 section seven hundred and forty (740) the following words: 
 " And to administer the same through their proper officers in 
 pursuance of the terms of the gift or bequest." 
 
 SEC. 2. In effect. This act, being deemed of immediate 
 importance, shall take effect from and after its publication in 
 the Iowa State Register and the Des Moines Leader, news- 
 papers published at Des Moines, Iowa. 
 
 Approved February 27, 1900. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and the Des Moines Leader, March 1, 1900. 
 
 G. L. DOBSON, 
 Secretary of State. 
 
 CHAPTER 41. 
 
 INDEBTEDNESS OP COUNTIES AND OTHER POLITICAL, AND 
 MUNICIPAL CORPORATIONS. 
 
 S. F. 39. 
 
 AN ACT to repeal section thirteen hundred and six (1306) of the cede, and 
 to enact a substitute therefor, relating to the assessment of taxes, and 
 limiting the indebtedness of counties, and other political and municipal 
 corporations, including cities acting under special.eharter. 
 
 Be it enacted try the General Assembly of the State of Iowa: 
 
SECTION 1. Kepealed. That-section thirteen hundred and 
 six (1806) of the code be and is hereby repealed, and the fol- 
 lowing enacted in lieu thereof: 
 
 SEC. 2. Amount of indebtedness limited. "No county 
 or other political or municipal corporation, including cities 
 acting under special charters, shall be allowed to become 
 indebted, in any manner or for any purpose, to an amount in 
 the aggregate exceeding one and one-fourth per centum on the 
 actual value of the property within such county or corporation, 
 to be ascertained by the last state and county tax list previous 
 to the incurring of such indebtedness." 
 
 SEC. 3. In effect. This act, being deemed of immediate 
 importance, shall be in force from and after its publication in 
 the Des Moines Register and the Des [Mcines] Leader, news- 
 papers published at Des Moines, Iowa. 
 
 Approved April 6, 1900. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and the Des Moines Leader April 7, 1900. 
 
 G. L. DOBSON, 
 Secretary of State. 
 
 CHAPTER 94. 
 
 DUTIES AND EXPENSES OF SUPERINTENDENT OF PUBLIC 
 INSTRUCTION. 
 
 S. F. 178. 
 
 AN ACT to amend sections twenty-six hunt red and twenty-two (2622) and 
 twenty-six hundred and twenty-seven (2627) of the code, relative to the 
 duties and expenses of the superintendent of public instruction. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Additional duties and powers. That sec- 
 tion twenty- six hundred and twenty- two (26S2) of the code be 
 and is hereby amended by adding thereto the following: 
 
 "He shall have power to collect, publish and distribute 
 statistical and other information relative to public schools and 
 education in general; to visit teachers' association meetings 
 and make tours of inspection among the common schools and 
 other institutions of learning in the state, and may deliver 
 addresses upon subjects relative to education; to prepare, pub- 
 lish, and distribute blank forms for all returns he may deem 
 necessary, or that may be required by law, of teachers, or 
 school officers; to publish and distribute annually leaflets and 
 
5 
 
 circulars relative to arbor day, memorial day, and other days 
 considered by him worthy of special observance in public 
 schools; to prepare questions for the use of county superin- 
 tendents in the examination of applicants for teachers' certifi- 
 cates; and to prepare, publish, and distribute, among teachers 
 and school officers, courses of study for use in the rural and 
 high schools of the state. When any county superintendent 
 fails to make any report as required of him by law the superin- 
 tendent of public instruction may appoint some suitable person 
 to perform such duties and fix reasonable compensation there- 
 for, which shall be paid by the delinquent county superin- 
 tendent." 
 
 SEC. 2. Allowance for expenses increased. That sec- 
 tion twenty -six hundred and twenty- seven (2627) of the code be 
 and is hereby amended by striking out of line five thereof the 
 words "two hundred fifty" and inserting the words -''three 
 hundred " in lieu thereof. 
 
 Approved April 4, 1900. 
 
 CHAPTER 96. 
 
 RELATING TO THE GRANTING OP TEACHERS' CERTIFICATES. 
 
 S. P. 135-193. 
 
 AN ACT to repeal section twenty-six hundred aad thirty (2630) of the code 
 and to enact a substitute therefor, relating to granting teachers' cer- 
 tificates by the educational board of examiners. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Repealed. Section twenty- six hundred and 
 thirty (2630) of the code is hereby repealed, and the following 
 enacted in lieu thereof: 
 
 SEC. 2. Special certificates. The educational board of 
 examiners may issue a special certificate to any teacher of 
 music, drawing, penmanship, or other special branches, or to 
 any primary teacher, of sufficient experience, who shall pass 
 such examination as the board may require in the branches, 
 and methods pertaining thereto, for which the certificate is 
 sought. Such certificates shall be designated by the name of 
 the branch, and shall not be valid for any other department or 
 branch. The board shall keep a complete register of all per- 
 sons to whom certificates or diplomas are issued. 
 
 Approved April 4, 1900. 
 
6 
 CHAPTER 104. 
 
 SPECIAL MEETINGS OF VOTERS OF SCHOOL, CORPORATIONS. 
 
 S. F. 310. 
 
 AN ACT to amend section twenty-seven hundred and fifty (2750) of the code, 
 relating to special meetings of voters of school corporations. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Special meetings. That section twenty- seven 
 hundred and fifty (2750) of the code be and the same is hereby 
 amended by striking out of the third and fourth lines thereof 
 the words, ''Whenever the corporation has lost the use of a 
 schoolhouse by fire or otherwise. " 
 
 SEC. 2. In effect. This act, being deemed of immediate 
 importance, shall take effect and be in force from and after its 
 publication in the Iowa State Register and the Des Moines 
 Leader, newspapers published in Des Moines, Iowa. 
 Approved April 4, 1900. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and the Des Moines Leader April 5, 1900. 
 
 'G. L. DOBSON, 
 Secretary of State. 
 
 CHAPTER 105. 
 
 NUMBER OF ELECTION PRECINCTS OP SCHOOL CORPORATIONS. 
 
 S. F. 109. 
 
 AN ACT to amend section two thousand seven hundred and fifty-five (2755) 
 of the code, relating to the number of election precincts into which 
 school corporations of more than five thousand (5000) inhabitants may 
 be divided. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Board to determine number. That section 
 two thousand, seven hundred and fifty-five (2755) of the code 
 be and the same is hereby amended by striking out the words 
 "not more than five precincts" in the third line of said section, 
 and inserting in lieu thereof ' ' such number of precincts as the 
 board of directors shall determine." 
 
 SEC. 2. In effect. This act, being deemed of immediate 
 importance, shall be in force and effect on and after its publi- 
 cation in the Iowa St*te Register and the Des Moines Leader, 
 newspapers published st Des Moines, Iowa. 
 Approved February 9, 1900. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and Des Moines Leader February 10, 1900. 
 
 G. L. DOBSON, 
 Secretary of State. 
 
7 
 CHAPTER 106. 
 
 SPECIAL ELECTION TO PILL VACANCIES ON SCHOOL BOARDS. 
 
 H. F. 204. 
 
 AN ACT [to amend section twenty-seven hundred seventy-one (2771) of the 
 code], relating to the calling of a special election to fill vacancies on 
 boards of school directors. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Secretary to call special election. That 
 section twenty-seven hundred seventy-one (2771) of the code be 
 and the same is hereby amended by adding thereto the follow- 
 ing: 
 
 "When the board is reduced below a quorum, by resignation 
 or otherwise, the secretary of the board shall call a special 
 election to fill the vacancies, giving notice in the same manner 
 as for the annual meeting on the second Monday in March." 
 
 Approved April 7, 1900. 
 
 CHAPTER 107. 
 
 RELATING TO THE EMPLOYMENT OF TEACHERS. 
 H. F. 105. 
 
 AN ACT to amend section twenty-seven hundred and seventy-eight (2778) 
 of the code, relative to the employment of teachers. 
 
 He it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Employment of teachers in sub-districts. 
 
 That section twenty-seven hundred and seventy-eight (2778) of 
 the code is amended by inserting after the word "law" in the 
 fifth line the following: "But the board may authorize any 
 sub- director to employ teachers for the schools in his sub-dis- 
 trict." 
 
 Approved April 16, 1900. 
 
CHAPTER 108. 
 
 RELATING TO CONTINGENT FUND OF SCHOOL CORPORATIONS. 
 
 S. F. 183. 
 
 AN ACT to amend section two thousand eight hundred and six (2806) of 
 the code, in relation to the contingent fund. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Transportation fund. That section twenty- 
 eight hundred and six (2806) of the code is amended by insert- 
 ing between the word "thereof" and the semicolon in the 
 seventh line, the words, "and such additional sum as may be 
 necessary not exceeding five dollars for each person of school 
 age for transporting children to and from school." 
 
 Approved April 7, 1900. 
 
 CHAPTER 109. 
 
 THE TEACHING OF THE ELEMENTS OF VOCAL MUSIC IN THE 
 
 PUBLIC SCHOOLS. 
 H. F. 68. 
 
 AN ACT to provide for the teaching of the elements of vocal music in all 
 the public schools of Iowa. [Amendatory of chapter 14, title XIII, of 
 the code, renting to the system of common schools.] 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Instruction in vocal music authorized. 
 That the elements of vocal music, including when practical the 
 singing of simple music by note, be taught in all of the public 
 schools of Iowa, and that all teachers teaching in schools where 
 such instruction is not given by special teachers be required to 
 satisfy the county superintendent of their ability to teach the 
 elements of vocal music in a proper manner. Provided, how- 
 ever, that no teacher shall be refused a certificate or the grade 
 of his or her certificate lowered on account of lack of ability to 
 sing. 
 
 SEC. 2. Normal institute. That it shall be the duty of 
 each county superintendent to have taught annually in the 
 normal institute the elements of vocal music. 
 
 SEC. 3. In effect. This act shall take effect on the fourth 
 day of July of the year nineteen hundred and one. 
 
 Approved April 19, 1900. 
 
-9 
 CHAPTER 110. 
 
 LIBRARIES FOR THE USE OF TEACHERS, PUPILS AND OTHER 
 
 RESIDENTS IN SCHOOL DISTRICTS. 
 
 S. F. 240.- 
 
 AN ACT to establish libraries for the use of teachers, pupils, and other 
 residents in all school districts. [Amendatory of chapter 14, title XIII, 
 of the code, relating to the systems of common schools.] 
 
 Be it enacted ~by the General Assembly of the State of lotca: 
 
 SECTION 1. Library fund. The treasurer of each school 
 township and each rural independent district in this state shall 
 withhold annually, from the money received from the appor- 
 tionment for the several school districts, not less than five nor 
 more than fifteen cents, as may be ordered by the board, for 
 each person of school age residing in each school corporation, 
 as shown by the annual report of the secretary, for the pur- 
 chase of books as hereinafter provided. When so ordered by 
 the board of directors, the provisions of this section shall apply 
 to any independent district. 
 
 SEC. 2. Purchase of books distribution. Between the 
 third Monday of September and the first day of December in 
 each year the president and secretary of the board, with the 
 assistance of the county superintendent of schools, shall expend 
 all money withheld by the treasurer as provided in. section one 
 of this act, in the purchase of books selected from the lists pre- 
 pared by the state board of educational examiners as herein- 
 after provided, for the use of the school district; in school 
 townships the secretary shall distribute the books thus selected 
 to the librarians among the several sub- districts, and at least 
 semi-annually collect the same and distribute others. 
 
 SEC. 3. State board of educational examiners to pre- 
 pare lists of books. It is hereby made the duty of the state 
 board of educational examiners to prepare annually or bien- 
 nially lists of books suitable for use in school district libraries, 
 and furnish copies of such lists to each president, secretary, 
 and each county superintendent, as often as the same shall be 
 published or revised, from which lists the several presidents 
 and secretaries and county superintendents shall select and 
 purchase books. 
 
-101- 
 
 SEC. 4. Record book. It shall be the duty of each sec- 
 retary to keep in a record book, furnished by the board of 
 directors, a complete record of the books purchased and dis- 
 tributed by him. 
 
 SEC. 5. Librarian. Unless the board of directors shall 
 elect some other person, the secretary in independent districts 
 and director in sub-districts in school townships shall act as 
 librarian and shall receive and have the care and custody of 
 the books, and shall loan them to teachers, pupils, and other 
 residents of the district, in accordance with the rules and regu- 
 lations prescribed by the state board of educational examiners 
 and board of directors. Each librarian shall keep a complete 
 record of the books in a record book furnished by the board of 
 directors. During the periods that the school is in session the 
 library shall be placed in the schoolhouse, and the teacher 
 shall be responsible to the district for its proper care and pro- 
 tection. The board of directors shall have supervision of all 
 books and shall make an equitable distribution thereof among 
 the schools of the corporation. 
 
 Approved March 29, 1900, 
 
 CHAPTER 111. 
 
 COUNTY UNIFORMITY OF TEXT- BOOKS. 
 S. F. 116. 
 
 AN ACT to amend section twenty-eight hundred and thirty-one (2831) of 
 the code, relating to county uniformity of text-books. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Petitions. That section twenty- eight hundred 
 and thirty-one (2831) of the code be amended as follows: Strike 
 out the word "one-half" in line three and insert the word 
 " one-third" in lieu thereof. 
 
 Approved March 29, 1900. 
 
11 
 
 CHAPTER 112. 
 
 RELATING TO THE DISTRIBUTION OF TEXT-BOOKS. 
 H. F. 113. 
 
 AN ACT to amend section twenty-eight hundred and thirty-two (2832) of 
 the code, in relation to the distribution of text-books in counties adopt- 
 ing a uniform series. 
 
 Be it enacted by the General Assembly of the State of Iowa : 
 
 SECTION 1. County superintendent to distribute item- 
 ized accounts. That section twenty-eight hundred and thirty- 
 two (2832) of the code be and the same is hereby amended by 
 adding thereto the following: 
 
 " Unless otherwise ordered by the board of education, the 
 county superintendent shall have charge of such text-books 
 and of the distribution thereof among the depositories selected 
 by the board; he shall render to the board at each meeting 
 thereof itemized accounts of his doings, and shall be liable on 
 his official bond therefor." 
 
 Approved March 14, 1900. 
 
 CHAPTER 142. 
 
 ISSUANCE OF BONDS BY SCHOOL, CORPORATIONS. 
 S. F. 271. 
 
 AN ACT to amend section one (1) of chapter ninety-five (95) of the acts of 
 the Twenty-seventh General Assembly, in relation to the issuance of 
 bonds by school corporations. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Purchase of schoolliouse sites. That sec- 
 tion one (1) of chapter ninety-five (95) of the acts of the Twenty- 
 seventh General Assembly be' amended by inserting after the 
 word " schoolhouses " in the tenth line thereof the following 
 words: "And the purchase of sites therefor." 
 
 SEC: 2. In effect. This act, being deemed of immediate 
 importance, shall take effect and be in force from and after its 
 publication in the Iowa State Register and the Des Moines 
 Leader, newspapers published in Des Moines, Iowa. 
 
 Approved April 6, 1900. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and the Das Moines Leader, April 10, 1900. 
 
 G. L. DOBSON, 
 Secretary of State. 
 
PREFACE. 
 
 The sections of the school law in this volume are reprinted from 
 the code in as nearly the same form as possible. They are supposed 
 to contain all the enactments now in force referring directly to 
 school matters. 
 
 The annotations are intended to assist in understanding the mean- 
 ing of the law. But it must not be presumed that these notes have 
 in any proper sense the full force of law, except when they are 
 based upon decisions of the courts or opinions from the attorney - 
 general. In order to save room it seemed not always desirable to 
 indicate such reference. 
 
 The Iowa reports may be consulted at the courthouse in each 
 county seat. The index to the school laws and the index to the 
 appeal cases should prove helpful for reference. 
 
 In practical operation and effect the new statutes should be con- 
 sidered rather as a continuance and modification of old laws, than as 
 the entire abrogation of the old, and the reSnactment of a new law. 
 In many provisions, the new law is almost a counterpart of the 
 former law. However, there are several material changes. The 
 omission of some particulars is significant as indicating the intent of 
 the general assembly. Where the wording or spirit of the former 
 law is changed, it is apparent that the new meaning will prevail. 
 
 The following are a few of the important and valuable new pro- 
 visions: The educational board of examiners will have power to 
 grant a state certificate or a state diploma to a person holding a 
 diploma from a state normal school or a certificate of as high grade 
 from another state. The board of examiners will also have power to 
 issue a state certificate for primary teachers. The law requires that 
 a county superintendent must hold a first class certificate, a state 
 certificate, or a state diploma. County certificates will be separated 
 into classes or grades under the discretion of county superintendents, 
 as formerly. A provision is made for certificates for two years. At 
 all meetings of the voters voting will be by ballot. The prob- 
 ability of deadlocks is lessened by an odd number in many boards. 
 In all independent districts except rural independent school districts 
 the treasurer will be chosen by the electors. Districts having 
 5,000 or more inhabitants may be divided into precincts for voting 
 purposes. In all districts, contracts with teachers may be made 
 only by the entire board. A majority vote of the board will expel 
 from school. Contingent fund to the amount of $25 annually for 
 
4 PREFACE. 
 
 each school room may be used to purchase dictionaries, library 
 books, charts, and apparatus. Boards may contract for the trans- 
 portation of children to and from school. The board has control 
 of schoolhouses, subject to direction from the voters. Attendance in 
 school townships is not governed necessarily by subdistrict lines, 
 but the board determines the school that children shall attend. The 
 course of study in graded or union schools must be approved by the 
 superintendent of public instruction. The provisions for changes 
 in boundaries and the restoration of territory are much simplified. 
 In hearing appeals, witnesses may be subpoenaed, and provision is 
 made by which the expenses will be paid. The costs must be entered 
 up against those taking the appeal, if brought without reasonable 
 cause, or if the appeal is not sustained. 
 
 The necessary haste in which the work was completed, as but 
 little could be done by us until the code was in print, renders this 
 compilation less complete than we would like. But it is hoped the 
 volume will be found very helpful to the many officers so success- 
 fully administering the school affairs of this state. 
 
 October 1, 1897. HENRY SABIN, 
 
 Superintendent of Public Instruction. 
 
AMENDMENTS 
 
 TO THE 
 
 School Laws of 1897, 
 
 As Enacted by the Twenty-seventh 
 General Assembly. 
 
 i 
 
 s 
 
 O 00 
 
 O *-* 
 
 C5 ~ 
 
 ^ a PUBLISHED BY THE SUPERINTENDENT OF PUBLIC 
 
 o M 
 
 TION, IN CONFORMITY WITH SECTION 2624, FOR 
 g 
 g DISTRIBUTION TO SCHOOL OFFICERS 
 
 AND BOARDS OF DIRECTORS. 
 
 i 
 
 DBS MOINES: 
 
 F. R. CONAWAT, STATE PRINTER. 
 
2 
 
 Volumes bound in paper covers shall be lurnished to each school 
 director, to be turned over, by the director to his successor in office. 
 Section 2624 Code. 
 
 Each school officer, upon the termination of his term of office, shall 
 immediately surrender to his successor all books, papers and moneys 
 pertaining or belonging to the office, taking a receipt therefor. Sec- 
 tion 2770 Code. 
 
 PREFACE. 
 
 To aid those interested in the proper administration of school 
 government and school laws, these amendments to the code of 1897, 
 enacted by the Twenty -seventh General Assembly, are published. 
 
 Chapter 73 authorizes the state board of educational examiners to 
 employ a secretary and expend annually a sum not to exceed $1,500. 
 It is believed that this change in the law will enable the board to 
 accommodate the teachers of the state by holding more examinations 
 than formerly, 
 
 Chapter 77 provides for an increased appropriation for the State 
 Normal School at Cedar Falls, Iowa. 
 
 Chapter 84 provides for the establishment of county high schools 
 and also for the disestablishment of such schools if so ordered by a 
 majority of the voters of the county. 
 
 Chapter 85 requires that the county superintendent shall here- 
 after be the holder of certificate issued for a period of two years. 
 
 Chapter 86 requires all applicants for teachers' certificates to be 
 examined in didactics. 
 
 Chapter 87 provides that the institute fund shall be paid out by 
 the county treasurer on warrants drawn by the county auditor on 
 written order of the county superintendent, accompanied by the bill 
 for services signed and sworn to by the person to whom due and 
 verified by the county superintendent. The fund may not be over- 
 drawn. 
 
 Chapter 88 makes it the duty of school boards in districts where 
 school sites adjoin improved lands, to maintain a lawful fence. 
 
 Chapter 89 is an important amendment. It provides that when the 
 boundary line between a school township and an independent city or 
 town district is not the line between civil townships it may be changed 
 by the concurrence of the boards of directors. The whole amend- 
 ment should be read with care. 
 
Chapter 90 provides for the sale of school laws by county auditors. 
 
 Chapter 91 relates to the names of school corporations and the 
 election of directors therein. This amendment became effective by 
 publication. 
 
 Chapter 92 provides that where there is an even number of sub- 
 districts a director shall be elected at large by the voters of the 
 school township. 
 
 Chapter 93 amends the code by providing that in school districts 
 composed in whole or in part of cities or incorporated towns, the 
 treasurer shall be elected for two years. This amendment became 
 effective by publication. 
 
 Chapter 94 simplifies the provisions of section 2808 of the code. 
 Hereafter the auditor will notify the county treasurer of the appor- 
 tionment due each school corporation instead of the president of the 
 board of each corporation. 
 
 Chapter 95 gives to boards of directors of school corporations the 
 right to issue bo ads to pay any judgment or any indebtedness under 
 bonds lawfully issued. Boards are also authorized to issue school 
 building bonds for the purpose of erecting, completing or improving 
 schoolhouses when authorized by the voters. 
 
 When not otherwise noted, these amendments go into effect on the 
 fourth of July, 1898. 
 
 RICHARD C. BARRETT, 
 Superintendent Public Instruction. 
 
 Des Moines, July 1, 1898. 
 
4 
 
 SESSION LAWS. 
 
 CHAPTER 73. 
 
 8. F. 146. 
 
 AN ACT to repeal section twenty-six nundred and thirty-four (2634) of the code, 
 and to enact a substitute therefor, relating to the State Board of Educational 
 Examine[r]s, and authorizing it to employ a secretary. 
 
 Be ifreriacted by the, General Assembly of the. State of Iowa: 
 
 SECTION 1. Compensation secretary salary. That section 
 twenty-six hundred and thirty -four tf the code be, and the same is 
 hereby repealed, and the following enacted in lieu thereof: 
 
 "Each member of the board, and parson appointed to 
 assist in conducting examinations, shall receive for the time 
 actually employed in such service his actual necessary 
 expenses, and those not salaried officers shall be paid in addi- 
 tion three dollars a day. The board shall have power to 
 employ a secretary and prescribe his duties. He shall 
 receive a salary of not exceeding $75 a month and actual 
 necessary expenses while engaged in the performance of his 
 duties at places other than his residence. All expenditures 
 authorized by this section shall be certified by the superin- 
 tendent of public instruction to the auditor of state, who 
 shall draw warrants therefor upon the treasurer, but nob to 
 exceed the fees paid into the treasury by the board. The 
 aggregate amount to be paid in any one year by the board 
 for all purposes shall not exceed $1,500." 
 Approved April 7, 1898. 
 
 CHAPTER 77. 
 
 H. F. 105. 
 
 AN ACT amending section twenty-six hundred and eighty-two [2682] of the code, 
 relating to annual appropriations for the Normal School at Cedar Falls, Iowa. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Teachers' and contingent fund. That section 
 twenty -six hundred and eighty -two of the code be and the same is 
 hereby amended by striking out the words "seventeen thousand five 
 hundred," in the second line of said section, and inserting in lieu 
 thereof the words "twenty -eight thousand five hundred," and by 
 striking out the words "three thousand" in the fourth line of said 
 section, and inserting in lieu thereof the words ' 'nine thousand. " 
 
 Approved April 12, 1898. 
 
5 
 CHAPTER 84. 
 
 H. F. 139. 
 
 AN ACT to amend sections twenty- seven hundred acd twenty -eight (2728), 
 twenty-seven hundred and thirty (2730), twenty-seven hundred and thirty-one 
 (2731), and twenty seven hundred and thirty-two (2732), and repeal section 
 twenty-seven hundred and thirty-three (2733) of the code, and enact a substi- 
 tute therefor, in relation to county high schools. 
 
 Be it enacted by the General Assembly o/ the State of Iowa: 
 
 SECTION 1. How established. That section twenty seven hun- 
 dred and twenty-eight (2728) of the code be amended by inserting 
 after the word "question," in the sixth line thereof, the words, 
 1 ' Together with the amount of tax to be levied to erect the neces- 
 sary buildings." Also, by inserting in said section, after the word 
 "school" in the eleventh line thereof, the words, "And for or 
 against the levying of the tax." Also by inserting in said section, 
 after the word "school," in the thirteenth line thereof, the words, 
 "And the levying of such tax." 
 
 SEC. 2. Approval of electors. That section twenty-seven hun- 
 dred and thirty (2730) of the code be amended by striking out all that 
 part of the same after the word "county," in the fifth line thereof, 
 and up to and including the word "only," in the twelfth line thereof, 
 and inserting the following, in lieu thereof: "And shall procure 
 plans and specifications for the erection of such buildings, and make 
 all necessary contracts for the erection of the same, the cost of which, 
 when completed, shall not exceed the amount of the tax so levied 
 therefor. They shall also arnually make and certify to the board of 
 supervisors on or before the first Monday of September of each year, 
 an estimate of the amount of funds needed for improvements, teach- 
 ers' wages and contingent expenses for the ensuing year, designating 
 the amount for each, which, in the aggregate shall not exceed, in any 
 one year, two mills on the dollar, upon the taxable property of the 
 county. No expenditures for buildings or other improvements shall 
 be made, or contract entered into therefor, by said board, involving 
 an outlay of to exceed five hundred dollars in any one year, without 
 the same first being submitted to the electors of the county in which 
 said school be located, for their approval." 
 
 SEC. 3. Management. That section twenty-seven hundred and 
 thirty-one (2731) of the code be amended by striking out all that part 
 of said section up to, and including the word "but," in the fifth line 
 thereof, and inserting the words, "said board," in lieu thereof. 
 
 SEC. 4. Apportionment tuition. That section twenty- seven 
 hundred and thirty-two (2732) of said code be amended by adding 
 thereto, at the end of said section the following: 
 
 "Said board of trustees shall make all necessary rules 
 and regulations in regard to the age and grade of attainments 
 necessary to entitle pupils to admission into the school, and 
 shall, on or before the 10th day of July of each year make 
 an apportionment between the different school corporations 
 of the county, of the pupils that shall attend said school, 
 and shall apportion to each of said school corporations its 
 proportionate number, based upon the number of pupils that 
 
can be reasonably accommodated in said school, and the 
 number of pupils of school age, actual residents of such 
 school corporations, as shown by the county superintend- 
 ents' report last filed with the county auditor, of said county; 
 said apportionment shall be published in the official papers 
 of such county, to be paid for, as other county printing; 
 pupils from the said school corporations to the number so 
 designated in such apportionment, shall be entitled to admis- 
 sion into said school, tuition free, and none others, and it 
 shall bd unlawful to accredit pupils so attending to any 
 other school corporation, than the one in which they are 
 enumerated for school purposes. Should there be more 
 applicants for such admission from any school corporation 
 than its proportionate number, so determined, then the 
 board of directors of such school corporation shall designate 
 which of sid applicants shall be entitled to so attend. If 
 the school shall be capable of accommodating more pupils 
 than those attending uader such apportionment, others m%y 
 be admitted by the board of trustees, preference at all times 
 being given to pupils desiring such admission, who are resi- 
 dents of the county. The board of trustees shall fix reason- 
 able tuition for such pupils. If such pupils are residents of 
 the county the school corporation from which they attend 
 shall pay their tuition out of its contingent fund. Tne prin- 
 cipal of such high school shall report to the said board of 
 trustees under oath, at the close of each term the names 
 and number of pupils attending such school during said 
 term, from what school corporation they attended, and the 
 amount of tuition, if any, paid by each, the same to be 
 included in the annual report of the secretary of the board 
 of trustees to the board of suparvisors, provided for in sec- 
 tion twenty- seven hundred and thirty-one (2731) of the code. 
 The tuition so paid to be turned over to the treasurer of the 
 board of trustees to be used in paying the expense of said 
 school under the direction of said board. " 
 
 SEC. 5. Petitions to abolish election. That section twenty- 
 seven hundred and thirty- three of the code ba repealed and the fol- 
 lowing substituted: i 
 
 ."Whenever citizens -of any county having a county high 
 school desire to abo ish the same or to dispose of any part 
 of the buildings or property thereof, they may petition the 
 board of supervisors at any regular session thereof in rela- 
 tion thereto, and sections three huadred and ninety- seven 
 (397), three hundred and ninety-eight (398), three hundred 
 and ninety-nine (^99) and four hundred (400) of ths code 
 shall apply to and govern the whole matter, including the 
 manner of presenting and determining the sufficiency of 
 such petitions and remonstrances thereto so far as appli- 
 cable. If an election is ordered the same shall ba held at 
 the time of the general election or at a special election called 
 
7 
 
 for that purpose and the proposition shall be submitted and 
 the election conducted in the manner provided in title sir 
 (6) of the code. If any proposition as herein provided be 
 legally submitted and adopted, the board of supervisors is 
 hereby empowered to carry the same into effect." 
 Approved April 12, 1898. 
 
 CHAPTER 85. 
 
 H. F. 112. 
 
 AN ACT to amend section twenty-seven hundred and thirty-four (2734) of the 
 
 code, relating to the qualifications of county superintendents. 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Two years' certificate. That section twenty -seven 
 hundred and thirty -four of the code be and is hereby amended by 
 striking out of the second and third lines thereof the words: " first 
 class or" and inserting in lieu thereof the words: "Two years cer- 
 tificate as provided for in section t venty- seven hundred and thirty- 
 seven (2737) of the code issued by any county superintendent in the 
 state, or a." 
 
 Approved April 12, 1893. 
 
 CHAPTER 86. 
 
 ,S.-F. 181.- 
 
 AN ACT to amend section twenty-seven hundred and thirty-six (2736) and 
 twenty-seven hundred and thirty-seven (2737) (chapter [ohirteen] 13 of title 
 
 applicants for teachers' certificates. 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Didactics required. That section twenty- seven 
 hundred and thirty- six of the code be amended by the insertion of 
 the word "didactics' 1 after the words " United States" in the third 
 line. 
 
 SEC. 2. Same. Amend section twenty -seven hundred and thirty- 
 seven by striking out the word "didactics" after the word "branches" 
 in the seventh line of said section. 
 
 Approved March 31, 1898. 
 
 CHAPTER 87. -3 
 
 H..F.-99. 
 
 AN A.CT to amend section twenty-seven hundred and thirty-eight (2738) of the 
 
 code, relative to the disbursement of the institute fund. 
 Se it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Disbursement of institute fund. That section 
 twenty-seven hundred and thirty-eight (2738) of the code be amended 
 by striking out the last sentence thereof commencing wifch the words 
 "all disbursements of the institute fund," and continuing to the 
 close of said section and inserting in lieu thereof, " All disburse- 
 ments of the institute fund shall be by warrants drawn by the 
 county auditor, who shall draw said warrants upon the written order 
 of the county superintendent, and said written order must be accom- 
 panied by an itemized bill for services rendered or expenses incurred 
 in connection with the institute, which bill must be signed and 
 
8 
 
 sworn to by the party in whose favor the order is made and must be 
 verified by the county superintendent. All said orders and bills 
 shall be kept on file in the auditor's office until the final settlement 
 of the county superintendent with the board of supervisors at the 
 close of his term of office. No warrant shall be drawn by the 
 auditor in excess of the amount of institute fund then in the county 
 treasury." 
 
 Approved April 12, 1898. 
 
 CHAPTER 88. 
 
 S.-F. 180. 
 
 AN ACT to require boards of school directors to fence echoolhouse sites. 
 [Amendatory to title XIII, chapter 14, of the code, relating to system ofj com- 
 mon schools. ]3 
 
 Be it enacted fa/ the General Assembly of the State of Iowa: 
 
 SECTION 1. Duty of boards of school directors. It shall be 
 the duty of all boards of school directors in school districts where 
 the schoolhouse site adjoins the cultivated or improved lands of 
 another to build ?vid maintain a lawful fence between said site and 
 cultivated or improved lands. 
 
 SEC. 2. Bights of owner of adjoining lands. The owner of 
 lands adjoining any schoolhouse site shall have the right to connect 
 the fence on his lands with the fences around any schoolhouse site, 
 but he shall not be liable to contribute to the maintenance of the 
 fence around said site. 
 
 Approved March 25, 1898. \ 
 
 CHAPTER 89. 
 
 I-8..F. 186.B 
 
 AN ACT to empower boards of directors of school corporations to change bound- 
 ary lines between such corporations in certain cases. [Amendatory of title 
 XIII, chapter 14. of the code, pertaining to system of common achools. ] 
 
 Be it enacted bv the General Assemble >ot the State of Iowa: 2L 
 
 "SECTION 1 Corporation limits changed. When the boundary 
 line between a school township and an independent city or town dis- 
 trict is not also the line between civil townships, such boundary may 
 be changed at any time by the concurrence of the boards of direct- 
 ors; but in no case shall a forty-acre tract of land, by the govern- 
 ment survey, be divided; and such subdivisions shall be excluded or 
 included as entire forties. The boundaries of the school township 
 or the independent district may in the same manner be extended to 
 the line between civil townships, even though by such change one 
 of the districts shall be included within and consolidated with the 
 other as a single district. When the corporate limits of any city or 
 town are extended outside the existing independent district or dis- 
 tricts, the boundaries of said independent district or districts 
 shall be also correspondingly extended. But in no case shall the 
 boundaries of an independent district be affected by the reduction 
 of the corporate limits of a city or town. 
 Approved March 19, 1898. 
 
9 
 CHAPTER 90. 
 
 H. F. 181. 
 
 AN ACT to provide for the sale and distribution of the sohool laws of Iowa. 
 [Additional to title XIII, chapter 14, of the code, relating to the system of 
 common schools.] 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. County auditors requisition duplicate re- 
 ceipts. On or before the 15th day of November of each year, the 
 auditor of each county shall make an estimate of the number of 
 copies of the schools laws of Iowa as will, in his judgment, be 
 required to supply the de cand for such laws in his county, in addi- 
 tion to the number of copies of said school laws furnished by the 
 state as provided for in section 2624, chapter 1, title 13 of the code. 
 The county auditor shall transmit his estimate to the superintend- 
 ent of public instruction, together with a requisition for the number 
 of copies required. Oa receipt of the requisition the superintendent 
 of public instruction shall forward to the county auditor the number 
 of copies named in the requisition. On receipt of the copies trans- 
 mitted to him, the county auditor shall execute receipts therefor in 
 duplicate, one of which he shall immediately transmit to the super- 
 intendent of public instruction and the other to the state auditor. 
 
 SBC. 2. Sale price. Tne county auditor shall keep for sale at 
 his office in the court house of the county, copies of the school laws 
 of the state of Iowa, which he shall receive in the manner hereinbe- 
 fore provided, at a price not to exceed twenty (20) cents per copy of 
 such laws, bound in paper and not to exceed 30 cents per copy of 
 such laws bound in cloth and pay the proceeds of such sales into the 
 county treasury on or before the 15th day of November of each year. 
 
 SEC. 3. Statement of copies sold. The said county auditor 
 shall also on or before the 15th day of November of each year, make 
 out in writing under oath, a st itement of the number of copies sold 
 by him and not before accounted for, and the number remaining on 
 hand and the amount paid to the county treasurer, and transmit such 
 statement to the auditor of state, who shall charge the county treas- 
 urer with such amount, and the superintendent of public instruction 
 shall certify to the state auditor, the number of copies transmitted 
 to each county auditor and the state auditor shall charge each county 
 auditor therewith, and subsequently credit him with such as may be 
 sold or otherwise lawfully disposed of. 
 
 SEC. 4. Copies delivered to successor. When the county 
 auditor goes out of office, having any such copies remaining, he 
 shall deliver them to his successor, taking his receipt therefor in 
 duplicate, one of which shall be sent to the state auditor which shall 
 be his sufficient discharge for the same. 
 
 Approved April 12, 1898. 
 
-lo-j 
 
 CHAPTER 91. 
 
 08. F. 172.3 
 
 AN ACT to amend sections twenty-seven hundred and forty-four (2744) and 
 twenty-seven hundred and fifty- four (2754) of the code, relating to the names 
 of school corporations and the election of dirtctors therein. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Village included. That section twenty-seven h un- 
 dred and forty-four of the code be amended by striking out the 
 words ' ' or incorporated " in the fifth and sixth lines thereof and 
 inserting after the word "town" in the sixth line the words "or 
 village." 
 
 SEC. 2. Membership of board. That section twenty -seven 
 hundred and fifty-four of the code be amended by striking out the 
 words "or incorporated" in the seventh line thereof and inserting 
 after the word "town" in said line the words "or village." Also 
 by inserting after the word "districts" in said line the words "And 
 in all rural independent districts where the board now consists of 
 six members." Also by adding after the figures "1900" in the tenth 
 line of said section the following: "In all independent city, town, 
 or village districts where the board now consists of three members 
 such board shall hereafter consist of five members, three of whom 
 shall be elected on the second Monday in March, 1898, one for one 
 year, one for two years, and one for three years." Also by insert- 
 ing, before the word "rural" in the tenth line, the word "other." 
 Also by striking out the word " incorporated" in the thirteenth and 
 fourteenth lines. 
 
 SEC. 3. In effect. This act, being deemed of immediate impor- 
 tance, shall take effect and be in force from and after its publication 
 in the Iowa State Register and Des Moines Leader, newspapers pub- 
 lished in Des Moines, Iowa. 
 
 Approved February 18, 1898. 
 
 I hereby certify that the foragoin? act was published in the Iowa State. Regis- 
 ter and the Des Moines Leader, February 19, 1898. 
 
 G. L. DOBSON, 
 Secretary of State. 
 
 CHAPTER 92. 
 
 S. F. 273. 
 
 AN ACT to amend section twenty-seven hundred and fifty-two (2752) of the code, 
 relating to boards of directors of schoal townships. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Number of directors. That section twenty-seven 
 hundred and fifty-two of the code be and is hereby amended by 
 striking out of line three thereof the words "are only two" and 
 inserting the words "is an even number of" in lieu thereof. Also 
 by striking out the words "a third" in the same line and inserting 
 the word "another." 
 
 Approved April 9, 1898. 
 
11 
 CHAPTER 93. 
 
 H. F. 101. 
 
 AN ACT to amend sec[tion] [twenty-seven hundred and fifty-four] 2754 of the 
 code of Iowa, relating to the term of office of school treasurers, in districts 
 composed in whole or in part of cities or incorporated towns. 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Term of treasurer. That sec. 2754 of chap. 14 of 
 title 13 of the code of Iowa be amended as follows, to-wit: strike out 
 the words " one year " in the 15th line and insert in lieu thereof, the 
 words ' ' two years. " 
 
 SEC. 2. In effect. This act, being deemed of immediate impor- 
 tance, shall take effect and be in force from and after its publica- 
 tion in the Iowa State Register and the Des Moines Leader, news- 
 papers published at Des Moines, Iowa. 
 
 Approved February 17, 1898. 
 
 I hereby certify that the foregoing act was published in the Iowa State 
 Register and the Des Moines Leader, February 18, 1898. 
 
 -G. L. DOBSON, 
 a Secretary of State. 
 
 CHAPTER J94. 
 
 H. F.ol. 
 
 AN ACT to amend section [twenty-eight hundred and eight] 2808 of the code, 
 and to provide for the manner of distributing funds in the hands of the county 
 treasurer belonging in common to all the schools in the county. 
 
 Be it enacted by the (general Assembly of the State of Iowa: 
 
 SECTION 1. Apportionment. That section twenty-eight hun- 
 dred and eight (2808) of the code be amended by striking out all that 
 part beginning with the word "he" in the ninth line thereof and 
 adding in lieu thereof , the following: "He shall immediately notify 
 the county treasurer of such apportionment and of the amount due 
 thereby to each corporation. The county treasurer shall thereupon 
 give notice to the president of each corporation, and shall pay out 
 such apportionment moneys in the same manner that he is author 
 ized to pay other school moneys to the treasurers of the several 
 school districts." 
 
 Approved February 9, 1898. 
 
12 
 CHAPTER 95. 
 
 S. F. 860. 
 
 AN ACT to amend sections twenty-eight hundred and twelve (2812) and twenty- 
 eight hundred and thirteen (2813) of the code, relating to the issuance of 1 onds 
 by school corporations and the levy of taxes for. the payment thereof 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Issuance of bonds. That section twenty-eight hun- 
 dred and twelve (2812) of the code be amended by striking out the first 
 seven lines thereof, and the words "purpose which" in the eighth 
 line aud inserting in lieu thereof the fo] lowing: "The board of 
 directors of any school corporation may issue bonds in its name to 
 pay any judgment against it or ai>y indebtedness ur.der bonds lawfully 
 issued and redeemable by their terms which new bonds shall be duly 
 authorized by resolution of the board aid shall be known as school 
 funding bonds. The board may also issue bords to be known as 
 school building bonds, for the purpose of providing funds for the 
 erection, completion or improvement of school houses, when author- 
 ized by the voters at the regular meeting or a special meeting called 
 for lhat purpose. Each of such classes "1" 
 
 SEC. 2. Money borrowed excluded. That section twenty- 
 eight hundred and thirteen of the code be amended by striking there- 
 from the following: "Or in an independent city or town district or 
 [of] any money borrowed for imprcvements after a vote thereof 
 authorizing the same." 
 
 Approved April 7, 1898. 
 
SCHOOL LAWS OF IOWA. 
 
 OP THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 SECTION 2621. Office records deputy. The superintendent 
 of public instruction shall have an office in the capitol, in which 
 shall be filed and kept separately all papers, reports and documents 
 transmitted to him each year by the several county superintendents, 
 and open to inspection by the governor or a committee of either 
 house of the general assembly whenever required. He shall keep 
 a record of all matters and things done in his office, which, together 
 with all other papers and documents, at the conclusion of his term, 
 shall be turned over to- his successor. He may appoint a deputy, 
 who shall qualify in like manner as his principal, and who, in the 
 absence or inability of the superintendent, shall perform his duties. 
 [C. 73, 766-7, 770, 1578; C. '51, 416, 1078.] 
 
 SEC. 2622. Duties teachers' conventions and institutes. 
 He shall be charged with the general supervision of all the county 
 superintendents and the common schools of the state; may meet 
 county superintendents in convention at such points in the state as 
 may be most suitable for the purpose, at which proper steps may be 
 taken looking toward securing a more uniform and efficient adminis- 
 tration of the school laws. He shall appoint, upon the request of 
 county superintendents, the time and place for holding teachers' 
 institutes, such institutes to be called when it is probable that not 
 less than twenty teachers will be present, and remain in session not 
 less than six working days, of which time and place of meeting he 
 shall give notice to the county superintendent of the proper county. 
 He shall attend teachers' institutes thus called in the several coun- 
 ties of the state, so far as consistent with his official duties, and 
 assist in their management and instruction. [C. '73, 1577, 1584; 
 C.'51, 1080.] 
 
 SEC. 2623. Opinions appeals. He shall render opinions in 
 writing upon request of any school officer regarding the school law. 
 its administration, and the duty of such officer, and shall determine 
 all cases brought before him on appeal from the decisions of the 
 county superintendents. [C.73, 1577; C. '51, 1080.] 
 
 SEC. 2624. Publication of school laws. He shall every four 
 years, if deemed necessary, cause to be printed and bound in cloth 
 all school laws in force up to that time, with such notes, forms, rul- 
 ings and decisions as may be of value in aid of school officers in the 
 
 SECTION 2623. 1. It has been the custom for many years to answer all proper 
 inquires, from whatever source, touching the construction and application of the 
 school laws. 
 
 2. As all correspondence of value must be filed for preservation, it is obvious 
 that a request to return a letter with the reply, cannot be complied with. 
 
6 SCHOOL LAWS OF IOWA. 
 
 proper discharge of their duties, reference being made to previous 
 laws amended or changed, so as to indicate the effect of such amend- 
 ment or change; one copy of which shall be sent to each county 
 superintendent, and one to each district and independent district in 
 the state, to be distributed by the several county superintendents. 
 Volumes bound in paper covers shall be furnished to each school 
 director, to be distributed by the county superintendent, which shall 
 be turned over by the director to his successor in office. Should he 
 deem it unnecessar}^ at any time to prepare a volume as above pro- 
 vided, the superintendent may cause to be published in pamphlet 
 form such amendments to the school laws as have been passed by 
 the general assembly, which shall be distributed in the manner 
 and to the parties hereinbefore provided. He may subscribe for 
 a sufficient number of copies of some educational school paper, 
 printed and published in the state, to furnish one to each county 
 superintendent; but no paper shall be selected which will not pub- 
 lish each decision made by him relating to the school law, and which 
 he may regard of general importance; and the certificate of having 
 thus subscribed shall be sufficient authority for the auditor of state 
 to issue his warrant upon the state treasurer for the amount of the 
 subscription. [22 G. A., ch. 59; 18 G. A., ch. 150, 1, 2; C.73, 
 1579, 1581.] 
 
 SEC. 2625. Reports. He shall on the first day of January 
 report to the auditor of state the number of persons in each county 
 between the ages of five and twenty-one years, and biennially to 
 the governor; which report shall contain a statement of the condi- 
 tion of the common schools in the state, the number of school town- 
 ships and districts therein, number of independent districts, number 
 of teachers, number of schools, number of schoolhouses and value 
 thereof, number of persons of school age, number of scholars in 
 each county attending school the previous year, number of books in 
 district libraries, the value of all apparatus in schools, and such 
 other statistical information as may be of public importance, plans 
 matured or adopted for the more perfect organization and efficiency 
 of the common schools ; and any suggestions he may deem important, 
 regarding further legislation, which will strengthen the common 
 schools of the state. [22 G. A., ch. 82, 29; C. 73, 1582-3; C. '51, 
 1086.] 
 
 SEC. 2626. Appropriations for institutes. To defray the 
 expenses of county teachers' institutes, there is hereby appropri- 
 ated out of any moneys in the state treasury not otherwise set apart 
 a sum not to exceed fifty dollars annually for each institute held in 
 each county, which sum the superintendent shall receive from the 
 state treasurer, upon the warrant of the state auditor, to be issued 
 to him upon his certificate; which amount, when drawn, shall be 
 forthwith remitted to the proper county superintendent, If any 
 balance remains of this sum after paying the expenses of the insti- 
 tute, it shall be covered into the county treasury of the proper 
 county and credited to the institute fund. [C.'73, 1584.] 
 
 SEC. 2627. Salary and expenses. The salary of the superin- 
 tendent of public instruction shall be twenty-two hundred dollars 
 per annum, and that of his deputy fifteen hundred dollars, to be 
 paid monthly upon the warrant of the state auditor, and, in addition 
 thereto, the state superintendent shall receive two hundred and 
 
 SECTION 2625. The word districts in line six means subdistricts. 
 
SCHOOL LAWS OF IOWA. 7 
 
 fifty dollars annually, or so much thereof as may be necessary, to 
 pay actual traveling expenses incurred in the performance of offi- 
 cial duties, to be allowed upon an itemized and verified account filed 
 with the state auditor, who shall draw his warrant upon the state 
 treasurer for the amount allowed. [22 G. A., ch. 109, 1; 21 Gr. A., 
 ch. 118, 5; C.73, 3760.] 
 
 OF THE BOARD OF EDUCATIONAL EXAMINERS. 
 
 SECTION 2628. Members. The educational board of examin- 
 ers shall consist of the superintendent of public instruction, presi- 
 dent of the university, principal of the normal school, and two per- 
 sons to be appointed by the governor, one of whom shall be a 
 woman, the appointees to hold office for a term of four years and be 
 ineligible as his or her successor, the superintendent of public 
 instruction to be by virtue of his office president of the board. [19 
 G. A., ch. 167, 1.] 
 
 SEC. 2629. Meetings examinations. The board shall meet 
 for the transaction of business at such times and places as the pres- 
 ident may direct, and shall annually hold at least two public exami- 
 nations of teachers, at which one member of the board shall preside, 
 assisted by not more than two qualified teachers to be selected by it. 
 All examinations shall be conducted in accordance with rules and reg- 
 ulations adopted by the board, not inconsistent with the laws of the 
 state, and a record shall be kept of all of its proceedings. It may issue 
 state certificates and state diplomas to such teachers as are found 
 upon examination to possess a good moral character, thorough 
 scholarship and knowledge of didactics, with successful experience 
 in teaching. The examination for certificates and diplomas shall 
 cover orthography, reading, writing, arithmetic, geography, Eng- 
 lish grammar, bookkeeping, physiology, history of the United 
 States, algebra, botany,, natural philosophy, drawing, civil govern- 
 ment, constitution and laws of the state, and didactics; those for 
 diplomas, in addition to the foregoing, geometry, trigonometry, 
 chemistry, zoology, geology, astronomy, political economy, rhetoric, 
 English literature, general history, and such other studies as the 
 board may require. [Same, . 2-4.] 
 
 SEC. 2630. Certificates and diplomas. It may also issue such 
 certificates to graduates of any state normal school in the state pos- 
 sessed of like qualifications, upon proof of thirty-six weeks' success- 
 ful experience in teaching, and a diploma when five years' such 
 experience is shown. It may also, at discretion, issue a certificate 
 or a diploma to any one holding a diploma issued by a state normal 
 school, or a certificate issued by a state superintendent or a state 
 board of education, of any other state, when the same is in all 
 respects of as high a grade as the corresponding certificate or 
 diploma issued in Iowa, upon proof of experience as herein pro- 
 vided. It may also issue a certificate to any primary school teacher 
 in the state of sufficient experience, and who shall pass such exami- 
 nation as the board may designate in branches and methods which 
 pertain especially to that kind of work. Such certificate shall be 
 known as a primary teacher's certificate, and shall not be valid as a 
 
8 SCHOOL LAWS OF IOWA. 
 
 teacher's certificate for any other department. It shall keep a com- 
 plete register of all persons to whom certificates or diplomas are 
 issued. [23 G. A., ch. 22.] 
 
 SEC. 2631. How long valid revocation fees. A state cer- 
 tificate shall authorize the holder to teach in any public school in' the 
 state for five years thereafter, and a diploma shall confer such author- 
 ity for life; but any certificate or diploma may be revoked by the board 
 for sufficient cause, or such cause as would, if known at the time, 
 have prevented issuance thereof, provided the holder of such cer- 
 tificate or diploma shall have due notice, and shall be allowed to be 
 present and make his defense. For each certificate issued the appli- 
 cant shall pay three dollars, and for each diploma five dollars, which 
 may be required before the examination is commenced. If the appli- 
 cant fails in the examination, and the fees have been advanced, one- 
 half of the sum shall be returned; all moneys obtained from this 
 source to be paid into the state treasury. [19 G. A., ch. 167, 5, 6.] 
 
 SEC. 2632. Registration. Each holder of a state certificate or 
 diploma shall register the same with the county superintendent of 
 the county in which he or she is to teach, before entering upon the 
 work, and the county superintendent, in his annual report to the 
 superintendent of public instruction, shall include therein an account 
 thereof. [Same, 7.] 
 
 SEC. 2633. Account of moneys. The board shall keep an 
 accurate and detailed account of all money received and expended, 
 which with a list of those receiving certificates or diplomas, shall be 
 published by the superintendent of public instruction in his annual 
 report. [Same, 9.J 
 
 SEC. 2634. Compensation. Each member of the board, and per- 
 son appointed to assist in conducting examinations, shall receive for 
 the time actually employed in such service his necessary expenses, 
 and those not salaried officers shall be paid in addition three dollars 
 a day, the amount to be certified by the superintendent of public 
 instruction to the state auditor, who shall draw his warrant upon 
 the state treasurer therefor; but the aggregate amount to be paid in 
 any one year shal not exceed six hundred dollars. [25 G. A., ch. 36; 
 19 G. A., ch. 167, 8.] 
 
 SECTION 2631. The fact that a teacher holds a first class county certificate, a 
 state certificate, or a state diploma, does not in any way exempt him from the same 
 obligations imposed by the law upon other teachers. It is the duty of all teachers 
 to attend the county normal institute and to support the county superintendent 
 in all measures calculated to improve the schools and to advance the interests of 
 education in the county. 
 
 SECTION 2632. 1. The law requires every holder of a state diploma or state 
 certificate to have the same registered in the office of the county superintendent, 
 before commencing to teach in such county. No fee is required. The superin- 
 tendent should insist on seeing some official statement of the board of examiners, 
 and should make his record from such inspection. 
 
 2. Holders of state certificates or diplomas are not exempt from reporting to 
 the county superintendent, or complying in every respect with requirements made 
 of other teachers, except as to examination for certificates. 
 
SCHOOL LAWS OF IOWA. 9 
 
 OF THE NORMAL SCHOOL. 
 
 SECTION 2675. Board of trustees officers. The normal school 
 at Cedar Falls, for the special instruction and training of teachers 
 for the common schools, shall be under the management and control 
 of a board of trustees, of which the superintendent of public instruc- 
 tion shall be, by virtue of office, a member and president. It shall 
 meet annually on or before June fifteenth, at the call of the presi- 
 dent, and organize by the election of one of its members vice-presi- 
 dent, and a secretary and treasurer, neither of the latter to be a 
 member of the board. The treasurer shall give bond in the sum of 
 twenty thousand dollars, with good and sufficient sureties, to be filed 
 with and approved by the secretary of state, which bond shall be 
 conditioned for the safe keeping and proper disbursement of all 
 money coming into his hands by virtue of his office. [16 G. A., ch. 
 129, 1, 4.] 
 
 SEC. 2676. Powers of board admissions fees. The board 
 shall have power to employ a sufficient number of suitable and com- 
 petent teachers and other assistants; fix their compensation; make 
 all necessary rules and regulations for the management of the school, 
 the admission of pupils from the several counties in the state, giving 
 to each county its proper representation therein in proportion to the 
 population thereof, and to all teachers in the state equal rights, 
 requiring that each one received as a pupil shall furnish satisfactory 
 evidence of good moral character and the honest intention of follow- 
 ing the business .of teaching school in the state; and make such 
 arrangements as it may for the lodging and boarding of pupils, 
 which shall be paid for by them. It may charge a fee for contin- 
 gent expenses not to exceed one dollar monthly, and a tuition fee of 
 not more than six dollars a term, if necessary for the proper support 
 of the institution, and shall determine what part of the year the school 
 shall be open, its sessions to continue, however, for at least twenty- 
 six weeks of each year. [17 G. A., ch. 142, 2; 16 G. A., ch. 129, 5.] 
 
 SEC. 2677. Branches of study. Physiology and hygiene shall 
 be included in the branches of study regularly taught to and studied 
 by all pupils in the school, and special reference shall be made to 
 the effect of alcoholic drinks, stimulants and narcotics upon the 
 human system, and the board of trustees shall provide the means 
 for the enforcement of the provisions of this section and see that 
 they are obeyed. [21 G. A., ch. 1, 1.] 
 
 SEC. 2678. Contract with school districts. The board of 
 trustees may contract with the board of directors of the school town- 
 ship or independent district in which the school is situated, and 
 those contiguous thereto, for a period not exceeding two years at a 
 time, to receive the pupils thereof into the normal school and fur- 
 nish them with instruction, payment therefor to be made out of the 
 teachers' fund of such townships or districts, which shall not exceed 
 fifty cents, weekly, for each pupil; the contract to be in writing, 
 and a copy filed with the county superintendent. [25 G. A., ch. 40, 
 g 1-3.] 
 
 SEC. 2679. Teachers' reports tuition. If such a contract is 
 entered into, all reports required by law to be made to the board of 
 directors of such townships or districts and the county superin- 
 tendent, by the teachers thereof, shall be made by the principal of 
 the normal school, and all sums paid for tuition shall go to its con- 
 tingent fund. [Same, 3, 4.] 
 
10 SCHOOL LAWS OF IOWA. 
 
 SEC. 2330. Repqrt to governor. The board shall biennially, 
 through its secretary, make a detailed report to the governor of its 
 proceedings during the preceding two years, which report shall 
 show the number of teachers employed, the compensation of each, 
 the number of pupils and classification, an itemized statement of 
 receipts and expenditures, and such further information with such 
 recommendations as may be regarded important to the interests of 
 the institution, and with reference to its connection with the educa- 
 tional work of the state. [22 G. A., ch. 64, 2; 16 G. A., ch. 129, 9.J 
 
 SEC. 2681. Compensation of officers. The secretary of the 
 board shall receive such compensation as may be fixed by it, not 
 exceeding one hundred dollars annually, with actual traveling 
 expenses. The treasurer shall be allowed only his actual traveling 
 expenses, the claim for which, as well as that of the secretary, to 
 be itemized and verified before it is allowed and paid which shall 
 be done out of the state treasury upon the warrant of the state 
 auditor. [22 G. A., ch. 64, 1; 16 G. A., ch. 129, 2.] 
 
 SEC. 2682. Appropriation. There is hereby appropriated the 
 sum of seventeen thousand five hundred dollars annually as an 
 endowment fund for the payment of the teachers of said normal 
 school, and the further sum of three thousand dollars annually as a 
 contingent fund therefor. The amount herein appropriated shall be 
 drawn and paid quarterly on the first days of March, June, Septem- 
 ber and December, on the requisition of the board of trustees of the 
 school. 
 
 OF COUNTY HIGH SCHOOLS. 
 
 SECTION 2728. How established. Any county may establish a 
 high school in the following manner: When the board of super- 
 visors shall be presented with a petition signed by one- third of the 
 electors of the county as shown by the returns of the last preceding 
 election, requesting the establishment of a county high school at a 
 place in the county named therein, it shall submit the question at 
 the next general election to be held in the county, or at a special 
 one called for that purpose, first giving twenty days' notice thereof 
 in one or more newspapers published in the county, if any be pub- 
 lished therein, and by posting such notice, written or printed, in 
 each township of the county, at which election the vote shall be by 
 ballot, for or against establishing the high school, the vote to be 
 canvassed in the same manner as that for county officers. Should 
 a majority of all the votes cast upon the question be in favor of 
 establishing such school, the board of supervisors shall at once 
 appoint six trustees, rosidents of the county, not more than two 
 from the same township, who, with the county superintendent of 
 common schools as president, shall constitute a board of trustees 
 for said high school. [C.73, 1697-9, 1701.] 
 
 SEC. 2729. Trustees officers. The trustees, within ten days 
 after appointment, shall qualify by taking the oath of civil officers, 
 and giving bond in such sum as the board of supervisors may require, 
 with sureties to be approved by it, and shall hold office until their 
 successors are elected and qualified, who shall be elected at the gen- 
 eral election following. The trustees, then elected, shall be divided 
 into three classes of two each, and hold their office one, two and 
 three years, respectively, their several terms to be decided by lot, 
 
SCHOOL LAWS OF IOWA. 11 
 
 and thereafter two trustees shall be annually elected, the trustees- 
 so elected to qualify in the same manner and at the same time as 
 other county officers and all vacancies occurring to be filled by 
 appointment by the board of supervisors, the appointee to hold the 
 office until the next general election, and a majority of which trus- 
 tees shall constitute a quorum for the transaction of business. At 
 the first meeting- held in each year, the board shall appoint a secre- 
 tary and treasurer from their own number, who shall perform the 
 usual duties devolving upon like officers. The treasurer, in addition 
 to his bond as trustee, shall give one as treasurer, in such sum and 
 with such sureties as may be fixed by the board, and receive all 
 moneys from all sources belonging to the funds of the school, and 
 pay them out as directed by the board of trustees, upon orders 
 drawn by the president and countersigned by the secretary; both of 
 which officers shall keep an accurate account of all moneys received 
 and paid out, and at the close of each year, and whenever required 
 by the board, shall make a full itemized and detailed report. [C.'73, 
 1699, 1700, 1704, 1711.1 
 
 SEC. 2730. Site tax. As soon as convenient after the organi- 
 zation of the board, it shall proceed to select the best site that can 
 be obtained without expense to the county, at the place named in 
 the petition upon which the vote was taken, for the erection of the 
 necessary school buildings, the title to be taken in the name of the 
 county, and shall also make an estimate of the amount of funds 
 needed for building purposes, the payment of teachers ' wages and 
 contingent expenses, which shall be presented to the board of super- 
 visors, with a certified estimate of the rate of tax required, which 
 in no case shall exceed in any one year five mills on the dollar upon 
 the taxable property of the county, and shall not exceed two mills 
 on the dollar when the tax is levied for the payment of teachers ' 
 wages and contingent expenses only; the tax to be levied and 
 collected in the same manner as other county taxes, and paid over 
 by the county treasurer in the same manner as school funds are paid 
 to district treasurers. [C. J 73, 1702-3, 1705.] 
 
 SEC. 2731. Buildings management. As soon as it has pro- 
 cured a building site and the board of supervisors has levied a tax 
 for the purpose, it shall make such purchases of building material, 
 and such contracts for the erection of school and appurtenant build- 
 ings as may be necessary to effectuate the purposes of this chapter, 
 but shall make no purchases, nor enter into any contracts in any 
 year, in excess of the funds on hand and to be raised by the levy of 
 that year. It shall employ, when suitable buildings have been fur- 
 nished, a competent principal teacher to take charge of the school, 
 and such assistant teachers as may be necessary, and fix the salaries 
 to be paid them, and in the conduct of the school may employ 
 advanced students to assist in the work. Annual reports shall be 
 made -toy the secretary to the board of supervisors, which report 
 shall give the number of students, with the sex of each, who have 
 been in attendance during the year, the branches taught, the text- 
 books used, number of teachers employed, salary paid to each, 
 amount expended for library, apparatus, buildings, and all other 
 expenses, the amount of funds on hand, debts contracted, and sucli 
 other information as may be deemed important, and this report shall 
 be printed in at least one newspaper in the county, if any is pub- 
 lished therein, and a copy forwarded to the superintendent of public 
 
12 SCHOOL LAWS OF IOWA. 
 
 instruction. And for their services the trustees shall each receive 
 the sum of two dollars per day for the time actually employed in the 
 discharge of official duties, claims for services to be presented, 
 audited, and paid out of the county treasury, in the same manner as 
 other accounts against the county. [C. 73, 1705-6, 1710, 1712.] 
 
 SEC. 2732. Regulations. The principal of any such high 
 school, with the approval of the board of trustees, shall make such 
 rules and regulations as is deemed proper in regard to the studies, 
 conduct and government of the pupils; and any pupil who will not 
 conform to and obey such rules may be suspended or expelled there- 
 from by the board of trustees. [C.73, 1709.] 
 
 SEC. 2733. Admission. Subject to such rules and regulations 
 as may be adopted by the board of trustees in regard to age and 
 grade of attainments necessary to entitle pupils to admission in the 
 school, it shall be open to all persons in the county without charge 
 for tuition. If at any time there shall be more applicants for admis- 
 sion than may be accommodated, then each district in the county 
 shall be entitled to representation proportioned to the number of 
 pupils which such district may have, as shown by the last report to 
 the county superintendent, and in all such cases the school boards 
 of the respective districts shall designate the pupils that may attend. 
 If the school shall not be filled by pupils from the county, others 
 may be received, upon the payment of such sum by way of tuition 
 as may be fixed by the board of trustees, but pupils so received shall 
 not be allowed to continue in the school to the exclusion of any resi- 
 dent of the county in which the school is situated. [C. 73, 1707-8.] 
 
 OF THE COUNTY SUPERINTENDENT. 
 
 SECTION 2734. Qualifications deputy. The county superin- 
 tendent, who may be of either sex, shall be the holder of a first class 
 or state certificate or diploma and, shall during his term be ineligi- 
 ble to the office of school director or member of the board of super- 
 visors. If for any cause he is unable to attend to his official duties, 
 he may appoint a deputy, who may act in his stead, except in visit- 
 ing schools and trying appeals. [16 G. A., ch. 136, 2; 0.73, 
 1765, 1770; R., 2069.] 
 
 SEC. 2735. Duties examinations. He shall at all times com- 
 ply with the directions of the superintendent of public instruction in 
 all matters within that officer's jurisdiction, and serve as the organ of 
 communication between him and school township, district or inde- 
 pendent district authorities, and transmit to them or the teachers 
 thereof all blanks, circulars or other communications designed for 
 them. He may, at his discretion, visit the different schools in his 
 county, and shall, upon the request of a majority of the directors of 
 
 SECTION 2734. A deputy of the county superintendent may receive such a rea- 
 sonable allowance for his services as the board of supervisors thinks best. The 
 deputy must take the same oath as his principal, must give a bond, and both 
 appointment and bond must be approved by the board of supervisors before the 
 deputy may enter upon the duties of his office. Code, section 1186. 
 
 SECTION 2735. 1. The county attorney is the legal adviser of the different 
 oounty officers. He should be freely consulted on questions of law upon which 
 the superintendent is in doubt. Section 2740. Code, section 302. 
 
SCHOOL LAWS OF IOWA 13 
 
 any school township, district or independent district, visit any school 
 therein, at least once during its term. On the last Friday and Sat- 
 urday in each month, he shall meet and, with such assistants as he 
 may select, examine all applicants for a teacher's certificate, and 
 transact such other business as may come before him. Such exami- 
 nation shall be held at the county seat in a suitable room, which 
 shall be provided for that purpose by the board of supervisors. 
 Special examinations may be held elsewhere in the county at the 
 discretion of the county superintendent. Any school officer or other 
 person may be present at any examination. [19 G. A., ch. 161, 2; 
 17 G. A., ch. 143; C.73, 1766, 1768, 1774; R., 2066, 2068, 2073; 
 C.'51, 1148.] 
 
 SEC. 3736. Subject. The examination shall include compe- 
 tency in and ability to teach orthography, reading, writing, arith- 
 metic, geography, grammar, history of the United States, and phys- 
 iology and hygiene, which latter, in each division of the subject, 
 shall include special reference to effects of alcohol, stimulants and 
 narcotics upon the human system. Candidates for examination in 
 special studies need be examined in such branches only; but no 
 
 2. The superintendent in his visits should seek to aid, instruct, and inspire 
 teachers to the employment of the best methods of teaching, governing, and con- 
 ducting their schools, and should try to secure the proper classification of scholars, 
 the arrangement of courses of study, and the care and protection of school prop- 
 erty. He should study to awaken among parents and children a deeper interest 
 in the public schools, so as to secure improved attendance, deportment and 
 scholarship, and induce more frequent visits of parents and school officers. A 
 judicious visit from the superintendent may often infuse new life into the school. 
 
 3. The county superintendent should carefully observe the condition of the 
 schoolhouse and surroundings, note all defects, and at once notify the director or 
 board of the same. 
 
 4. There is no direct provision of law for paying the assistants whom the 
 county superintendent may call to his aid in examinations. Section 2742 gives 
 boards of supervisors power to allow the county superintendent additional com- 
 pensation for this and any other proper purpose. 
 
 5. Applications made at irregular times should be rejected, unless good 
 reasons are given for not attending the regular examinations. The interests of 
 the schools do not require frequent or individual examinations, and the time of 
 the superintendent can be more profitably employed in other necessary duties. 
 
 6. A certificate may not be issued upon an examination taken in another 
 county. In addition to furnishing any credentials or other written evidence 
 which the examiner may require, the applicant must appear in person. 
 
 7. The examination may be taken in parts, at different times, and may be con- 
 tinued until the record is made closing the examination. 
 
 8. When the examination is completed, and the record made, a subsequent 
 appearance of the same person must constitute him, in a legal sense, a new appli- 
 cant. But until such record is closed, the county superintendent may keep in 
 abeyance the matter of decision upon the applicant, and allow such applicant 
 longer time and greater opportunities without requiring an additional payment. 
 
 SECTION 2736. 1. Written examinations afford a good test of scholarship, and 
 furnish the basis of a permanent record. The examination should be thorough, 
 to determine the attainments of the applicant in the branches he is to teach. 
 
 2. It is usually desirable that some work of every applicant shall be filed with 
 the county superintendent, as a record which will serve to prove for the candi- 
 date that he received his certificate upon merit. 
 
14 SCHOOL LAWS OP IOWA. 
 
 -special teacher shall be employed to teach any study not included 
 in the certificate. A record shall be kept of all examinations made, 
 and the names, ages and residence of the applicants, with the date and 
 result thereof. [21 G. A., ch. 1, 1, 3; 17 G. A., ch. 143; C. 73, 
 1766, 1768; R., g 2066, 2068; C. '51, 1148.] 
 
 SEC. 2737. Certificate revocation. If the examination is 
 satisfactory, and the applicant is of good moral character, of which 
 fact the superintendent shall require proof unless he has a personal 
 knowledge thereof, and is in all other respects possessed of the nec- 
 essary qualifications as an instructor, a certificate to that effect shall 
 issue for a term not to exceed one year. But to applicants passing an 
 
 3. Success in teaching the different branches may be best determined by 
 .actual observation of the teacher's work in his school. Quite often a searching 
 and skillfully conducted oral examination in methods will test the applicant's 
 ability to instruct. 
 
 4. It is the intention of the law that the study of physiology and hygiene with 
 special reference to the effects of alcoholic stimulants, narcotics, and poisonous 
 .substances, shall have at least equal rank with and be considered of as great 
 importance as other branches of study. 
 
 5. If it is desired that branches additional to those included in the usual 
 certificate shall be taught, such fact should be mentioned as a part of the con- 
 tract, and the teacher is required to have the certificate for such additional 
 branch or branches, before beginning to teach. 
 
 6. As no person may give instruction in any study for which such person does 
 not hold a valid certificate, every certificate should not fail to enumerate tne 
 branches or subjects which the holder is qualified to teach. 
 
 7. The examination manuscripts of applicants are for the information and 
 .special use of the county superintendent and do not become a part of the public 
 records of the office. Candidates may not demand, as a right, the privilege of 
 inspecting their markings. Decisions, 42. 
 
 8. The record required by this section should be carefully made, as the 
 items form a parb of the county superintendent's annual report to the superin- 
 tendent of public instruction. 
 
 SECTION 2737. 1. County superintendents should remember that they are to 
 inquire, not only into the literary qualifications of the applicant, but they must 
 also certify that they are satisfied that the applicant possesses a good moral 
 character, and the essential qualifications for governing and instructing children 
 -and youth. Forms 1, 2, and 3. 
 
 2. Scholarship, good moral character, ability to govern, aptness to teach, our 
 law requires all these qualifications in those to whom are intrusted the highest 
 interests of the state, the education of its youth. 
 
 3. Applicants may be required to present such evidences of good moral char- 
 .acter as the county superintendent shall demand. The superintendent should be 
 fully satisfied in every particular mentioned in the law, before issuing the certifi- 
 cate. Decisions, 42. Forms 1, 2, and 3. 
 
 4. The examination papers of applicants for certificates d-nd any testimonials 
 with regard to the moral character of an applicant belong to the county superin- 
 tendent individually and are for his guidance alone. They do not become a part 
 of the official records of the county superintendent's office. Note 7 to section 2736. 
 
 5. The county superintendent is sole judge of the manner and extent of the 
 examination he will require of applicants for certificates to teach in his county. 
 62 Iowa, 111. Decisions, 42. 
 
 6. Unless the county superintendent is fully satisfied in all respects it is his 
 plain duty to refuse to grant a certificate. The matter calls for the exercise of a 
 
SCHOOL LAWS OP IOWA. 15 
 
 -examination in the following additional branches: didactics, elemen- 
 ary civics, elementary algebra, elements of physics, and elementary 
 economics, a certificate shall issue for a term of two years, upon 
 proof of thirty-six weeks' successful experience in teaching. A cer- 
 tificate must be revoked at any time, for any cause which would 
 have justified a refusal to grant the same, after an investigation of 
 the facts, of which the teacher shall have personal notice and an 
 opportunity to be present and make defense. The superintendent 
 shall revoke the certificate of any -teacher who shall fail or neglect 
 to comply with the provisions of law relating to the teaching of 
 physiology and hygiene, and such teacher shall be disqualified for 
 
 careful discretion, as the moral character of the teacher and his influence over 
 his school is of greater importance than even his literary qualifications. 
 
 7. As an almost exceptional responsibility is placed upon the county superin- 
 tendent by the law, it is expected that an applicant for a certificate will comply 
 cheerfully with all reasonable and uniform requirements, and that he will 
 improve every opportunity to satisfy that officer as readily and fully as possible 
 as to the character and essential qualifications of the applicant. A disposition 
 to be mutually helpful will not fail to be an advantage to both the county superin- 
 tendent and the teacher. 
 
 8. There is no provision for the renewal or indorsement of a certificate. 
 
 9. By section 2738 the institute fund is entitled to two dollars from every one 
 receiving a two years' certificate, and one dollar from every other applicant. 
 
 10. There is no provision of law for a so-called permit to teach. A county 
 superintendent may give no other authority than a certificate. 
 
 11. After ascertaining the general attainments of a teacher, inspection of his 
 school work should determine largely the grade of certificate. 
 
 12. A county superintendent is justified in refusing a certificate to an appli- 
 cant who is in any way physically disqualified to govern and instruct children 
 and youth. 
 
 13. For many years county superintendents have been limited as to the mini- 
 mum age of those receiving certificates. The restriction gives quite universal 
 satisfaction. It is believed that in general, boys under nineteen, and girls under 
 seventeen years of age, may not be expected to possess that maturity of mind 
 and strength of character needed to manage a school successfully, and to. deter- 
 mine wisely the many questions daily demanding an answer from the teacher. 
 
 14. A county superintendent may fix a different minimum age not lower than 
 that determined by the superintendent of public instruction, and may refuse to 
 grant a certificate to any one below such minimum age. This regulation will, of 
 course, refer to all applicants of a given class, in that county. 
 
 15. The restriction regarding the minimum age of those who may receive 
 certificates is binding alike on all county superintendents. To make an exception 
 is partiality, besides being unfair to the very large number who cheerfully abide 
 by the regulation. The rule may seem to apply with severity in some individual 
 instances, but to conform to the requirement will save a county superintendent 
 much subsequent difficulty. 
 
 16. A county superintendent may not refuse a certificate for the single reason 
 that the applicant did not attend the normal institute. But in estimating the 
 qualifications of an applicant, the county superintendent may give such credit for 
 attendance and good work done at the institute as seems to him best. 
 
 17. It is an excellent practice to give credit for attendance and good work at 
 the annual county institute. This credit may be given in the form of a special 
 mention, or as an addition to the general average. 
 
 18. Any plan that would seem to indicate detracting from the ability of the 
 applicant is objectionable, but to magnify the value of presence and activity in 
 
16 SCHOOL LAWS OF IOWA. 
 
 teaching in any public school for one year thereafter. [26 G. A. , 
 ch. 39; 21 G. A., ch. 1, 3; C. 73, 1767, 1771; R., 2067, 2070.] 
 SEC. 2738. Normal institute. The county superintendent 
 shall hold, annually, a normal institute for the instruction of teach- 
 ers and those who may desire to teach, and, with the concurrence of 
 the superintendent of public instruction, procure such assistance as 
 may be necessary to conduct the same, at such time as the schools 
 in the county are generally closed. To defray the expenses of said 
 institute, he shall require the payment of a registration fee of one 
 dollar from each person attending the normal institutes, and the pay- 
 ment in all cases of one dollar from every applicant for a certificate: 
 provided that, if the applicant is granted a two-years' certificate, he 
 shall pay one dollar additional. He shall monthly, and at the close 
 of each institute, transmit to the county treasurer all moneys so 
 received, including the state appropriation for institutes, to be desig- 
 nated the "institute fund," together with a report of the name of 
 each person so contributing, and the amount. The board of super- 
 visors may appropriate out of the general fund such additional sum 
 
 the work of the institute is to be commended. There is a very general sentiment 
 favoring the employment of teachers who avail themselves of every such means 
 of improvement and professional advancement. 
 
 19. The certificate of the teacher may not be addressed to a particular board 
 of directors, nor be confined in its application to one school or grade of schools. 
 The teacher holding a certificate may be employed by any board of directors, and 
 no board may discredit such certificate by refusing to accept it to the full extent 
 to which it is valid. 
 
 20. A teacher's certificate must be valid for any school in the county. A 
 county superintendent may not specify in connection with a certificate issued 
 what school the person shall teach. In general any condition imposed must 
 apply also to every other applicant of the same class. 
 
 21. The notice should contain an explicit statement of the charges against 
 which the teacher is expected to make his defense. 
 
 22. A copy of the revocation should be transmitted to the secretary of each 
 district, and the secretary should immediately notify the board of the fact. The 
 teache.r should also be served with a copy. Form 4. 
 
 23. Any person aggrieved by an action of the county superintendent in refus- 
 ing to grant a certificate or in revoking the same, may apply to him for a rehear- 
 ing, the proceedings to correspond as nearly as possible to the proceedings in the 
 case of an appeal from a board of directors. If any party is aggrieved by the 
 result of this investigation, an appeal may be taken therefrom to the superintend- 
 ent of public instruction. 
 
 24. Though an appeal will lie in such cases, the discretion of a county super- 
 intendent in refusing or revoking a teacher's certificate will not be interfered with 
 by the superintendent of public instruction, unless it is clearly shown that the 
 county superintendent violated law or abused discretion. Decisions, 42 and 70. 
 
 25. The same weight which county superintendents are required to accord to 
 discretionary acts of boards will be given by this department to the discretion of 
 county superintendents in granting, refusing, or revoking certificates, and in 
 granting or refusing to grant a rehearing in ordinary cases of appeal. Decisions, 58. 
 
 SECTION 2738. 1. The normal institute must be held when the public schools 
 are mostly closed. Section 2773 provides that no school may be in session during 
 a teachers 'institute, except by written permission of the county superintendent. 
 
 2. County superintendents will determine the time and place, and suggest 
 the names of conductor and instructors for approval. Form 5. 
 
OF TJJK 
 
 ^ N *J SCHOOL LAWS OF IOWA 17 
 
 ^2^ C A LI FQfrS^^ 
 
 as it Wayniid necessary for the further support of such institute. 
 All disbursements of the institute fund shall be upon the order of 
 the county superintendent, and no order shall be drawn except for 
 bills presented to and approved by him for services rendered or 
 expenses incurred in connection with the institute. [17 G. A., ch. 
 54; 15 G. A., ch. 57; C. 73, 1769.] 
 
 SEC. 2739. Reports. The county superintendent shall annu- 
 ally, on the first Tuesday in October, make a report to the superin- 
 tendent of public instruction, giving a full abstract of the several 
 reports made to him by the secretaries and treasurers of school 
 
 3. The length of time during which the normal institute shall remain in ses- 
 sion is left to the discretion of the county superintendent. This will depend 
 largely upon the amount of the institute fund. 
 
 4. Young and inexperienced teachers will not expect to receive certificates, 
 unless of the lowest grade, without regularly attending the normal institute. By 
 means of the large fund and the length of time this institute may remain in ses- 
 sion, it can, if the proper means are employed, be rendered invaluable to teachers. 
 The benefits they will receive should secure voluntary and general attendance. 
 
 5. A conductor of successful experience in institute work, able to give plain, 
 practical instruction in methods of school organization, government and teaching, 
 should be secured early. The other instructors should be superior teachers of 
 recent experience, and usually one or more lady teachers should be employed. 
 
 6. County superintendents should have sufficient evidence of the abilities oi 
 their instructors before engaging them. In all cases where strangers are 
 employed, references should be required, and inquiries made at the state depart- 
 ment will frequently secure the proper knowledge. 
 
 7. The superintendent should be director, assuming the general oversight 
 and direction of the institute, but should not act as conductor. He is entitled to 
 his per diem for any service in connection with the institute, as for ojbher official 
 duties, but receives no part of the institute fund. 
 
 8. These normal institutes are short training schools; their object is to reach 
 and correct the greatest defects found in the schools. The superintendent in 
 risiting schools should seek to discover the most prominent defects and wants in 
 the methods of instruction. The normal institute will afford effective means of 
 reaching and correcting these faults. The great object is to instruct teachers 
 how to teach children. 
 
 9. In normal institutes, efficient and earnest instructors should be employed. 
 Charts and other appliances should be amply provided. Physicians and scientists 
 may be invited to lecture, and teachers should be exhorted to be sincere, fearless, 
 and faithful in the discharge of their duty. 
 
 10. It is apparent that the registration fee may not be collected from any one 
 not attending the normal institute. 
 
 11. The reports and payments to the county treasurer should be made the first 
 f each month, and at the end of the institute. Forms 6, 7, 8, and 9. 
 
 12. It is the duty of the board of supervisors, at the close of his term of office, 
 to settle with the county superintendent, as with other county officers, according 
 to the provisions of the law. 
 
 SECTION 2739. 1. The blanks for the annual report of the county superin- 
 tendent, together with instructions for making the report, are furnished by the 
 uperintendent of public instruction. 
 
 2. The superintendent may test the accuracy of the treasurers' reports by 
 consulting the books of the county treasurer. The amount of the several funds 
 reported received from the district tax, also the amount received from the semi- 
 manual apportionments, must agree with the county treasurer's receipts. 
 2 
 
18 SCHOOL LAWS OP IOWA. 
 
 boards, stating the manner in and extent to which the requirements 
 of the law regarding instruction in physiology and hygiene are 
 observed, and such other matters as he may be directed by the state 
 superintendent to include therein, or he may think important in 
 showing the actual condition of the schools in his county. At the 
 came time, he shall file with the county auditor a statement of the 
 number of persons of school age in each school township and inde- 
 pendent district in the county. He shall also report, as provided by 
 law, to the superintendent of the college for the blind, the name, 
 age, residence and postoffice address of every person, resident of 
 the county, so blind as to be unable to acquire an education in the 
 common schools; to the superintendent of the institution for the deaf 
 and dumb, with the same detail, all persons of school age whose 
 faculties in respect to hearing or speaking are so deficient as to pre- 
 vent them from acquiring an education in such schools; and to the 
 institution for the feeble minded, all persons of like age who, because 
 of mental defects, are entitled to admission therein. [21 G. A., ch. 
 1, 2; C.73, 1771, 1772; R., 2070.] 
 
 SEC. 2740. Enforcing laws. The county superintendent shall 
 nee that all provisions of the school law, so far as it relates to the 
 schools or school officers within his county, are observed and 
 enforced, specially those relating to the fencing of schoolhouse 
 grounds with barb wire, and the introduction and teaching of such 
 divisions of physiology and hygiene as relate to the effects of alco- 
 hol, stimulants and narcotics upon the human system, and to this 
 end he may require the assistance of the county attorney, who shall 
 at his request bring any action necessary to enforce the law or 
 recover penalties incurred. [21 G. A. , ch. 1, 2 ; 20 G. A. , ch. 103, 2. J 
 
 SEC. 2741. Penalty. Should he fail to mike the report herein 
 required -of him to the superintendent of public instruction or the 
 county auditor, he shall forfeit to the school fund of his county the 
 sum of fifty dollars, to be recovered in an action brought by the county 
 for the use of the school fund, and in addition shall be liable for all 
 damages occasioned thereby. [C.73, 1773; R., 2072.] 
 
 SEC. 2742. Compensation-. He shall receive four dollars per 
 day for the time actually engaged in the performance of his duties, 
 the expenses of necessary office stationery and postage, and those 
 incurred in attendance upon meetings called by the superintendent 
 
 3. All errors should be corrected. The amounts reported on hand in the last 
 report from the district treasurer should the following year always be reported 
 as the amounts on hand at last report. 
 
 4. The abstract of the enumeration of children in each district should be 
 made with special care, complete and accurate, otherwise the county will not 
 obtain its just proportion of the income of the permanent school fund. 
 
 5. Should the district secretaries or treasurers fail to make their reports in 
 time, the superintendent should take prompt measures to secure them, going after 
 them if necessary. 
 
 6. The blanks for the reports to the different institutions should be furnished 
 by the superintendents in charge of such institutions. 
 
 SECTION 2742. 1. The board of supervisors shall furnish the county superin- 
 tendent with an office at the county seat, together with fuel, lights, blanks, books 
 Mid stationery necessary and proper to enable him to discharge the duties of hia 
 Office, but in no case shall such officer be permitted to occupy an office also ocou- 
 pled by a practicing attorney. Code, section 468. 
 
SCHOOL LAWS OF IOWA. 19 
 
 of public instruction; claims therefor to be made by verified state- 
 ments filed with the county auditor, who shall draw his warrant upon 
 the county treasurer therefor; and the board of supervisors may 
 allow him such further sum by way of compensation as may be just 
 and proper. [19 G. A., ch. 161, 1; G.73, 1776; R., 2074.] 
 
 OF THE SYSTEM OF COMMON SCHOOLS. 
 
 SECTION 2743. School districts corporate powers. Each 
 school district now existing shall continue a body politic as a school 
 corporation, unless hereafter changed as provided by law, and as 
 such may sue and be sued, hold property, and exercise all the pow- 
 ers granted by law, and shall have exclusive jurisdiction in all 
 school matters over the territory therein contained. [C. '73, 1713, 
 1716; R., 2022, 2026; C. '51, 1108.] 
 
 SEC. 2744. Names. District townships now existing shall 
 hereafter be called school townships, subdivisions of which shall be 
 called subdistricts. School corporations shall be designated as fol- 
 lows: The school township of (naming civil township), in the county 
 of (naming county), state of Iowa; or, the independent school dis- 
 trict of (naming city or incorporated town, and if there are two or 
 more districts therein, including some appropriate name or num- 
 ber), in the county of (naming county), state of Iowa; or, the rural 
 independent school district of (some appropriate name or number), 
 township of (naming township), in the county of (naming county), 
 state of Iowa. [C.73, 1716; R., 2026; C.'51, 1108.] 
 
 2. The board of supervisors may not limit the county superintendent as to the 
 number of days he shall give to his work, in order to comply with his oath ol 
 office. Having filed his sworn statement in the form prescribed by the board, ho 
 is entitled to his per diem for time actually employed. If he has filed a false 
 statement he may be tried for maladministration in office. Code, section 1251. 
 
 3. It is the intention of the law that each county superintendent shall deter- 
 mine the time necessary to be employed in the duties of his office, and the division 
 of labor to be made. Of course, specific duties are required, such as making cer- 
 tain reports at times designated, visiting a school if requested by the board, and 
 that he shall conform to instructions from the superintendent of public instruc- 
 tion. But in general, he is to decide for himself, as indicated in his oath of office, 
 what means will best advance the work in his county. 
 
 SECTION 2743. 1. In boundaries, school townships usually coincide with civil 
 townships. 
 
 2. Section 3936, Code, provides that a municipal or political corporation shall 
 not be garnished. However, the corporation may waive exemption from this 
 process. 25 Iowa, 315. 
 
 3. The policy of our law is, that the territory once organized for school pur- 
 poses must always remain within some jurisdiction, and that it may not be 
 detached from the jurisdiction to which it belongs without at the same time 
 becoming a separate jurisdiction or a part of another jurisdiction for school pur- 
 poses. 82 Iowa, 10. Decisions, 28 and 57. 
 
 SECTION 2744. 1. A subdistrict is not a corporation, and hence can neither 
 hold property nor perform any corporate act. Decisions, 11. 
 
 2. In suits, contracts, and conveyances, the corporate name should be strictly 
 observed. 
 
 3. At their annual meeting, the electors of any rural independent school dia- 
 fcrict may vote by ballot to change the name of the district, and the board will b^ 
 guided by this expressed wish. 
 
20 SCHOOL LAWS OP IOWA. 
 
 SEC. 2746. Directors. The affairs of each school corporation 
 shall be conducted by a board of directors, the members of which in 
 all independent school districts shall be chosen for a term of three 
 years, and in all subdistricts of school townships for a term of one 
 year. [26 G. A., ch. 40; 18 G. A., ch. 143; 17 G. A., ch. 113; 15 G. 
 A., ch. 27; C. 73, 1802; R, 2099, 2100, 2106.] 
 
 SEC. 2746. Annual meeting of corporation. A meeting of 
 the voters of each school corporation shall be held annually on the 
 second Monday in March for the transaction of the business thereof. 
 Notice in writing of the place, day, and hours during which the 
 meeting will be in session, specifying the number of directors to be 
 elected, and the terms thereof, and such propositions as will be sub- 
 mitted to and be determined by the voters, shall be posted by the 
 secretary of the board in at least five public places 'in said corpora- 
 tion, for not less than ten days next preceding the day of the meet- 
 ing. The president and secretary of the board, with one of the 
 directors, shall act as judges of the election. If any judge of elec- 
 tion is absent at the organization of the me'eting, the voters present 
 shall appoint one of their number to act in his stead. The judges 
 of election shall issue certificates to the directors elected. [19 G. 
 A., ch. 51; 18 G. A., ch. 7, 1; 18 G. A., ch. 63; C.73, 1717, 1719; 
 R., 2027-8, 2031, 2033; C. '51, 1111, 1114-15.] 
 
 SEC. 2747. Electors. To havs the right to vote at a school 
 meeting a person must have the same qualifications as for voting at 
 a general election, and must be at the time an actual resident of the 
 corporation or subdistrict. In any election hereafter held in any 
 school corporation for the purpose of issuing bonds for school pur- 
 poses or for increasing the tax levy, the right of any citizen to vote 
 shall not be denied or abridged on account of sex, and women may 
 vote at such elections the same as men, under the same restrictions 
 and qualifications, so far as applicable. [25 G. A., ch. 39.] 
 
 SECTION 2746. 1. The meeting cannot be adjourned to another day, and must 
 be held at the time and in the manner directed by the law. 
 
 2. Ten days' previous notice should be given by the district secretary, but as 
 the law fixes the day of the meeting, a failure to give full notice, or any notice at 
 all, though a violation of law, will not invalidate the proceedings of the meeting, 
 if one is held at the usual time and place. 10 Iowa, 212. Form 10. 
 
 3. The president, and secretary, with a director, are the regular officers of 
 this meeting, and should act as such if present. Form 12. 
 
 4. It is essential that the secretary make a full and accurate record of the 
 proceedings, which should be submitted to the president for his approval at the 
 close of the meeting, and afterwards recorded in the district records. Form 11. 
 
 5. In any district of 5,000 or more the polls must be open from nine A. M. to 
 ieven P. M.; in all independent school districts of less than 5,000, the polls must 
 open atone P. M., and remain open at least five hours; in all other independent 
 districts and in school townships the polls must open at one P. M., and remain 
 open not less than two hours. Section 2754. 
 
 SECTION 2747. 1. To be entitled to the right of suffrage a person must be a 
 male citizen of the United States, twenty-one years of age, a resident of the state 
 six months next preceding the election, and of the county sixty days. Constitu- 
 tion, article 2, section 1. 69 Iowa, 368 and 75 Iowa, 220. 
 
 2. The declaration of intentions by one who expects to become fully natural- 
 ized, does not entitle such person to vote. In some states this is a fact, but in 
 Iowa what is called second papers must be taken out; that is, an elector must be 
 
SCHOOL LAWS OF IOWA. 21 
 
 SEC. 2748. Officers qualifications. A school officer or mem- 
 ber of the board may be of either sex, and must at the time of elec- 
 tion or appointment be a citizen and a resident of the corporation or 
 subdistrict, and over twenty-one years of age, and, if a man, he must 
 be a qualified voter of the corporation or subdistrict. [16 G. A., 
 ch. 136. J 
 
 SEC. 2749. Powers. The voters assembled at the annual meet- 
 ing shall have power: 
 
 1. To direct a change of text-books regularly adopted; 
 
 2. To direct the sale or make other disposition of any school- 
 Ixouse or site or other property belonging to the corporation, and 
 the application to be made of the proceeds of such sale; 
 
 3. To determine upon added branches that shall be taught, but 
 instruction in all branches except foreign languages shall be in 
 English; 
 
 4. To instruct the board that school buildings may or may not 
 be used for meetings of public interest; 
 
 5. To direct the transfer of any surplus in the schoolhouse fund 
 to the teachers' or contingent fund; 
 
 6. To authorize the board to obtain, at the expense of the cor- 
 poration, roads for proper access to its schoolhouses; 
 
 7. To vote a schoolhouse tax, not exceeding ten mills on the 
 dollar in any one year, for the purchase of grounds, construction of 
 schoolhouses, the payment of debts contracted 'for the erection of 
 schoolhouses, not including interest on bonds, procuring libraries 
 for and opening roads to schoolhouses. 
 
 The board may, or, upon the written request of five voters of any 
 rural independent district, or of ten voters of any school township, 
 or of twenty-five voters of any city or town independent district 
 having a population of five thousand or less, or of fifty voters of 
 any other city or town independent district, shall, provide in the 
 notice for the annual meeting for submitting any proposition 
 authorized by law to the voters. All propositions shall be voted 
 upon by ballot in substantially the following form: "Shall a change 
 of text-books be directed?" (or other question as the case may be); 
 
 either a native born citizen, or a naturalized citizen, must be a male, and not dis- 
 franchised in any way mentioned by the law. 
 
 3. The law confers upon women the right to vote upon only the matters dis- 
 tinctly mentioned. They may participate in a vote on issuing bonds for school 
 purposes, or a vote for the purpose of increasing the tax levy. But they may not 
 vote for members of the board nor upon any other matter than as mentioned. 
 
 4. A separate ballot box must be provided for the ballots cast by women, and 
 a separate canvass made of their votes. Code, section 1131. 
 
 SECTION 2748. 1. No person shall be deemed ineligible by reason of sex, to 
 any school office. 
 
 2. A person cannot remain an officer or member of the board and reside i 
 another district, even though in the same civil township. 
 
 SECTION 2749. 1. The voters have only such powers as are conferred by the 
 statute, either expressly or by reasonable implication. 
 
 2. The voters of any district when assembled at their annual meeting may 
 direct that a schoolhouse or the schoolhouse grounds not needed for public school 
 purposes may be rented, leased, or the use thereof granted, for any purpose that 
 vill not interfere with the subsequent use or value of such schoolhouse property 
 for public school purposes. 
 
22 SCHOOL LAWS OF IOWA. 
 
 and the voter shall designate his vote by writing the word "yes" or 
 "no" in an appropriate place on the ballot. [21 G. A., ch. 131, 1; 
 19 G. A., ch. 51; 18 G. A., ch. 63; C. 73, 1717, 1807; R., 2027-8, 
 2033; C. '51, 1114, 1115.] 
 
 3. The voters may exercise their right to dispose of schoolhouse property 
 only when assembled at their annual meeting on the second Monday in Marck, 
 or at a special meeting called under section 2750. They may not exercise this 
 right at a special meeting called to vote bonds. 
 
 4. Schoolhouses cannot be sold without previous direction of the voters, but 
 their action in voting a tax for the erection of a new schoolhouse on the old site 
 gives the board authority to remove or dispose of the old house. 
 
 5. The voters have no authority to instruct the board to loan money belong- 
 ing to the district, nor to order money invested in government bonds. 
 
 6. The general statement is that when an amount has been voted for a specific 
 purpose, the parties directly interested thereby acquire a vested right in such 
 money appropriated, of which they may not be deprived, even by the voters. 50 
 Iowa, 648. 
 
 7. The only change of money from one fund to another possible under the law 
 is the transfer of schoolhouse funds to either of the other funds. 
 
 8. If the voters direct that any additional branches shall be taught in one or 
 all of the schools, their action is mandatory, and the board is bound to endeavor 
 in good faith to fulfill such wish. 
 
 9. The voters may not limit or restrict the board to the adoption of a course 
 of study including only such branches as the voters may name. Nor may the 
 voters direct that a particular branch, or certain studies, shall not be taught. It 
 is the province of the board to decide what branches besides those named by the 
 voters shall be Included in the course of study and taught in the schools. 
 
 10. The voters have no power to prohibit any branch being taught, if intro- 
 duced by the board, neither has the board power to prevent the teaching of any 
 study which the voters have directed shall be taught. 
 
 11. All schoolhouse taxes must be voted by the voters of the corporation, or 
 of the subdistrict; this power cannot be delegated to the board. 
 
 12. The specific sum of money deemed necessary, and not a certain number 
 of mills on the dollar, should be voted, except when a district lies in two counties. 
 The percentum necessary to raise this s.um is determined by the board of super- 
 visors. 
 
 13. The power to vote schoolhouse taxes belongs exclusively to the voters. 
 The sums necessary for the teachers' and contingent funds are determined by the 
 board. Section 2806. 
 
 14. It is within the power of the voters when assembled at their annual meet- 
 ing to direct that the board shall build a cave near any schoolhouse. 
 
 15. Failing to carry out instructions from this meeting, the board may be 
 compelled by mandamus to show reason why the expressed wish of the voters has 
 not been complied with. Decisions, 17. 
 
 16. A vote upon matters which by the law are to be determined by the board, 
 is not binding upon the board, but is only suggestive. In such matters, the board 
 will still be left free to exercise the discretion vested in it by the law. 
 
 17. In order that action may be taken at an annual meeting, it is not essential 
 that notice shall be given that such a matter will be presented at the meeting. 
 When assembled, the voters have power to transact any business which may come 
 before them under the law. 
 
 18. A subdistrict has no legal claim upon schoolhouse property, although in 
 equity a tax voted to build in a certain subdistrict must be expended as voted, 
 and When a schoolhouse has been built or repaired from schoolhouse funds raised 
 
SCHOOL LAWS OF IOWA. 23 
 
 SEC. 2750. Special meeting. The board of directors may call 
 a special meeting of the voters of any school corporation by giving 
 notice in the same manner as for the annual meeting, whenever the 
 corporation has lost the use of a schoolhouse by fire or otherwise, 
 which shall have the powers given to a regular meeting with refer- 
 ence to the sale of school property and the application to be made 
 of the proceeds, and to vote a schoolhouse tax for the purchase of a 
 site and the construction of a necessary schoolhouse, and for obtain- 
 ing roads thereto. [24 G. A., ch. 21; 18 G. A., ch. 84.] 
 
 SEC 2751. Subdistrict meeting. The meeting of the voters 
 of each subdistrict of a school township shall be held annually on 
 the first Monday in March, and shall not organize earlier than nine 
 o'clock A. M., nor adjourn before twelve o'clock M. Notice in writ- 
 ing of the time and place of such meeting and the amount of school- 
 house tax to be voted shall be given by its director, or if there is 
 none by the school township secretary, by posting in three public 
 places in the subdistrict for five days next preceding the same. The 
 voters shall select a chairman and secretary of the meeting who 
 shall act as judges of election, and. shall also elect a director for the 
 subdistrict by ballot. The vote shall be canvassed by the judges of 
 election, and the person receiving the highest vote shall be declared 
 elected. [22 G. A., ch. 51; 18 G. A., ch. 7, 1; C. 73, 1718-19, 
 1789; R., 2030-1; C.'51, 1111.] 
 
 upon that subdistrict alone, even the voters should recognize the vested right of 
 the subdistrict to retain such property and to enjoy its use. 
 
 19. If it is desired to move the schoolhouse out of the subdistrict the voters 
 of the school township must first so order at the annual meeting. Decisions, 13. 
 
 20. It is the exclusive province of the courts to determine questions with 
 relation to any vote at a school meeting, or with relation to the choice of members 
 of the board or of officers of the board. Notes 12 to 16 inclusive, to section 2758. 
 
 SECTION 2751. 1. The object is to prevent a few designing persons from meet- 
 ing at an unusual hour, dispatching the business with unseemly haste, and 
 adjourning before many of the electors arrive. The meeting should be conducted 
 with entire fairness, and an opportunity given for an expression of the real senti- 
 ment of the subdistrict. 
 
 2. The law contemplates a continuous session of at least three hours. 
 
 3. If subdistrict boundaries are in controversy by way of appeal, the election 
 for directors should be made on the basis of the status of the subdistricts on the 
 day of election. 
 
 4. In case there is no director, the above notice must be given by the secre- 
 tary of the school township. It must be posted five days previous to the meeting, 
 in at least three public places in the subdistrict. The notice should designate 
 the hour of meeting, which cannot be earlier than 9 o'clock A. M. Form 13. 
 
 5. Even if the notice of the meeting required by the law has not been given, 
 the voters are not released from their duty to hold the subdistrict meeting at the 
 usual time and place. When they are assembled it may be found that important 
 business will be brought before them. 
 
 6. This section clearly provides how a tie vote shall be decided. If more than 
 two persons have each an equal number of votes, the same rule will apply. 
 
 7. The chairman and the secretary are not required to qualify. 
 
 8. A judge of election is entitled to his vote as much as any other elector, 
 
 9. No minor, nonresident, nor alien can take part in a meeting of voters. 
 
 10. If the voters desire to hold a caucus, it should be done before the subdlo- 
 trict meeting is called to order. 
 
24 SCHOOL LAWS OF IOWA. 
 
 SEC. 2762. Number of directors. The board of directors of 
 a school township shall be composed of one director from each sub- 
 district. But when there are only two subdistricts a third director 
 shall be elected at large by all the voters of the school township, 
 yfhen the school township is not divided into subdistricts, a board 
 of three directors shall be elected at large, on the second Monday 
 in March, by all the voters of the school township. [15 G. A., ch. 
 27; C.73, 1720-1; R., 2031, 2085, 2075-6; C. '51, 1112, 1721.] 
 
 SEC. 2753. Special schoolhouse tax. At the annual sub- 
 district meeting, or at a special meeting called for that purpose, the 
 voters may vote to raise a greater amount of schoolhouse tax than 
 that voted by the voters of the school township, ten days' previous 
 notice having been given, but the amount so voted, including the 
 amount voted by the school township, shall not exceed in the aggre- 
 gate the sum of fifteen mills on the dollar. The sum thus voted 
 shall be certified forthwith by the secretary of said subdistrict meet- 
 ing to the secretary of the school township, and shall be levied by 
 the board of supervisors only on the property within the subdistrict. 
 [C.73, 1778; R., 2033-4, 2037, 2088.] 
 
 SEC. 2754. Elections in independent districts tie vote. 
 At the annual meeting in all independent districts members of the 
 board shall be chosen by ballot. In any district including all or 
 part of a city of the first class, or a city under special charter, the 
 board shall consist of seven members, three of whom shall be chosen 
 on the second Monday in March, 1898, two on the second Monday in 
 
 11. The selection of a director should be a matter of great care. As he may 
 receive no compensation from the district, he should be a person whose interest 
 will lead him to be a frequent visitor of the school, and who will see that the 
 schoolhouse is provided with all that will add to the comfort of the teacher and 
 scholars and promote the highest welfare of the school. 
 
 12. A member or officer of the board must have the qualifications of an elector, 
 if a male, but no person is ineligible to any school office by reason of sex. 
 
 13. The polls for the election of a director for the subdistrict must be kept 
 open at least two hours. Section 2754. 
 
 14. Only one ballot may be taken for the election of director, and the person 
 receiving the greatest number of votes is elected, even though he has not 
 received a majority of all the votes cast. 
 
 15. Persons elected subdirectors in March, 1896, for three years, will hold as 
 directors until their term of office expires, in March, 1899. 
 
 16. The school township may simply be requested, by the voters of the sub- 
 district, to build a schoolhouse, without asking for a definite amount of money. 
 
 17. The subdistrict voters may vote a tax for schoolhouse purposes and certify 
 fche same to the school township meeting. Form 14. Whatever portion of this 
 3um the township voters vote will be levied upon the entire school township. 
 
 SECTION 2752. The board of a school township cannot consist of less than 
 "ihree members. If there are two subdistricts, the director from the school town- 
 ship at large should be voted for at both meetings, and to avoid confusion, tickete 
 should specify: For director, A. B.; for director at large, C. D. 
 
 SECTION 2753. The vote should be certified to the secretary of the school 
 township. Forms 14 and 16. 
 
 SECTION 2754. 1. Any election by the people must be held on the day desig- 
 nated, and officers must be elected by a single ballot. 
 
 2. The practice of taking an informal ballot for the purpose of placing persons 
 In nomination is not to be commended. Such nominations should be made outside 
 Che meeting, or at least before the meeting is organized. 
 
SCHOOL LAWS OF IOWA. 25 
 
 March, 1899, and two on the second Monday in March, 1900. In all 
 other independent city or incorporated town districts the board shall 
 consist of live members, one of whom shall be chosen on the second 
 Monday in March, 1898, two on the second Monday in March, 1899, 
 and two on the second Monday in March, 1900. In all rural inde- 
 pendent districts the board shall consist of three members, one of 
 whom shall be chosen on the second Monday in March, 1898, and 
 one each year thereafter. In districts composed in whole or in part 
 of cities or incorporated towns, a treasurer shall be chosen hi like 
 manner, whose term shall begin on the third Monday in March and 
 continue for one year, or until his successor is elected and qualified. 
 The term of office of the incumbent treasurer in said districts shall 
 expire on the third Monday in March, 1898. In such districts the 
 polls must remain open not less than five hours, and in rural inde- 
 pendent districts and school townships not less than two hours. In 
 each case the polls shall open at one o 'clock p. M. , except as pro- 
 vided in section twenty-seven hundred and fifty-six of this chapter. 
 A tie vote for any elective school office shall be publicly determined 
 by lot forthwith, under the direction of the judges. [22 G. A., ch. 
 51; 18 G. A., ch. 7, 2; C.73, 1789, 1808.] 
 
 SEC. 2755. Election precincts register of voters notice. 
 Each school corporation having five thousand or more inhabitants 
 may be divided into not more than five precincts, in each of which a 
 poll shall be held at a convenient place, fixed by the board of direct- 
 ors, for the reception of the ballots of voters residing in such pre- 
 cinct. A separate register of the voters of each precinct shall be 
 prepared by the board from the register of the electors of any city 
 included within such school corporation, and for that purpose a copy 
 of such register of electors shall be furnished by the clerk of the 
 city to the board of directors. Before each annual meeting these 
 registers shall be revised and corrected by comparison with the last 
 register of elections of such cities, and shall have the same force 
 and effect at school meetings held under this section, in respect to 
 the reception of votes thereat, as the register of election has by law 
 at general elections; but nothing in this section shall be construed 
 to prohibit women from voting at all elections at which they are 
 entitled to vote. The secretary must post a notice of the meeting 
 in a public place in each precinct at least ten days before the meet- 
 ing, and by publication for two weeks preceding the same in some 
 newspaper published in the corporation, such notice to state the 
 time, respective voting precincts and the polling place in each pre- 
 cinct, and also to specify what questions authorized by law, in addi- 
 tion to the election of director or directors, shall be voted upon and 
 
 3. In all cases, it would be well for the ballot to state the term voted for, in 
 connection with the name of the person. 
 
 4. All vacancies should also be filled by election, and the ballot should desig- 
 nate the vacancy to be filled, and the persons so elected hold for the remainder 
 of the unexpired term. 
 
 5. This section clearly provides how a tie vote shall be decided. If more than 
 two persons have each an equal number of votes, the same rule governs. 
 
 6. There is no provision of law by which judges at school elections maj 
 receive pay. Note to section 2756. 
 
 SECTION 2755. No registration of voters shall be required for school election*, 
 except as provided in this section. Code, section 1078. 
 
26 SCHOOL LAWS OP IOWA. 
 
 determined by the voters of the several precincts. [18 G. A. , ch. 8. 
 
 SEC. 2756. Conduct of elections. As judges of the election 
 referred to in the preceding section, the board shall appoint one of 
 its number and two voters of the precinct, one of whom, shall act as 
 clerk, who shall be sworn as provided in case of a general election. 
 If any person so appointed fails to attend, the judge or judges 
 attending shall fill the place by the appointment of any voter pres- 
 ent, and like action shall follow a refusal to serve or to be sworn. 
 Should all of the appointees fail to attend, their places shall be 
 filled by the voters from those in attendance. The board shall pro- 
 vide the necessary ballot box and poll-book for each precinct, and the 
 judges shall make and certify a return to the secretary of the cor- 
 poration of the canvass of the votes for office and upon each question 
 submitted. On the next Monday after the meeting the board shall 
 canvass the returns made to the secretary, ascertain the result of the 
 voting with regard to every matter voted upon, declare the same, 
 cause a record to be made thereof, and at once issue a certificate to 
 each person elected. At all meetings held under this and the next 
 preceding section, the polls shall be kept open from nine o'clock A. 
 M. until seven o'clock p. M. [Same, 5, 6.] 
 
 SEC. 2757. Meetings of directors election of officers. The 
 board of directors shall meet on the third Monday in March and 
 September, and may hold such special meetings as may be fixed by 
 the board or called by the president, or the secretary upon the writ- 
 ten request of a majority of the board, upon notice specifying the 
 time and place, delivered to each member in person, but attendance 
 shall be a waiver of notice. Such meetings shall be held at any 
 place within the civil township in which the corporation is situated. 
 At the regular March meeting the board shall organize by the elec- 
 tion of a president from its members, who shall.be entitled to vote as 
 a member. At the regular September meeting it shall elect from 
 outside the board a secretary and a treasurer, except as provided in 
 section twenty-seven hundred and fifty-four of this chapter, but in 
 independent districts no teacher or other employe of the board shall 
 
 SECTION 2756. There, is no provision for paying a judge or a clerk at a school 
 election, nor may any other expense of such election be paid from school funds, 
 except that a ballot box and the necessary poll-book shall be provided in each 
 precinct of districts having 5,000 and over. 
 
 SECTION 2757. 1. It is quite customary for the outgoing board to meet on 
 the third Monday in March and complete all its work, and for the new board to 
 organize immediately thereafter. The legality or propriety of such action has 
 never been questioned. 
 
 2. If the president is unwilling to call a special meeting in compliance with a 
 request from members, then a majority of the board may cause a notice of the 
 meeting to be given, signed by the members who desire to have the meeting 
 called, which written notice should be by the secretary handed to each member 
 of the board and to the president. 
 
 3. As the law is silent with regard to the length of time notice should be 
 given before the time of meeting, it is taken for granted the law intends that a 
 reasonable notice as to time shall be given. What such reasonable notice is must 
 be determined for each locality by the conditions. 
 
 4. If a school officer habitually or wilfully neglects his duty, and the public 
 good suffers by such negligence, a court may compel him to attend to the neces- 
 sa-ry duties of his office or to resign. 50 Iowa, 648. 
 
SCHOOL LAWS OP IOWA. 27 
 
 be eligible as secretary. Upon the organization of any corporation 
 the board shall elect a secretary to hold until .the September meeting 
 following. All such officers shall be elected by ballot, and the vote 
 shall be recorded by the secretary. [18 G. A., ch. 176; 15 G. A., ch. 
 27; 0.73, 1721-2; R., 2035-6, 2076; C. '51, 1721.] 
 
 SEC. 2758. Qualification of directors vacancies. Any mem- 
 ber of the board may administer the oath of qualification to any 
 member elect, and to the president of the board. Each director 
 shall qualify on or before the third Monday in March by taking an 
 oath to support the constitution of the United States and that of the 
 state of Iowa, and that he will faithfully discharge the duties of his 
 office; and shall hold the office for the term to which he is elected, 
 and until a successor is elected and qualified. In case of a vacancy, 
 the office shall be filled by appointment by the board until the next 
 annual meeting. [C.73, 1752, 1790; -R., 2032, 2079; C.'51, 
 1113, 1120.] 
 
 5. This section authorizes boards to hold meetings in any district within thG 
 same civil township. 
 
 6. There is no provision of law that will prevent a board from transacting 
 business upon any other day except Sunday. 
 
 7 . If the board fails to elect a president, a secretary, or a treasurer, upon tho 
 day fired by law or at a meeting adjourned from that day to a day certain, then 
 the incumbent may qualify anew and hold the office for another year. 75 Iowa, 
 196. But in order that a president may thus hold over, his term as a member of 
 the board must also continue. 
 
 8. No person may hold two offices of the board at the same time. 
 
 9. No one may be compelled to qualify as a member or officer of the board. 
 
 10. Any duty imposed upon the board as a body must be performed at a regu- 
 lar or special meeting, and made a matter of record. 47 Iowa, 11. 
 
 11. The consent of the board to any particular measure, obtained of individual 
 members when not in session, is not the act of the board, and is not binding upon 
 the district. 67 Iowa, 164. 
 
 12. The board may receive and act upon communications from persons selected 
 outside the board to report upon matters referred to such persons as a committee. 
 
 13. An official trust cannot be delegated. Neither the board nor any member 
 may appoint a substitute to perform the official duties of a member or of the board. 
 
 14. Where the law requires a certain duty to be performed by the board upon 
 a fixed day, and does not expressly forbid its performance later than the date 
 mentioned in the law, as for instance the election of a secretary and a treasurer, 
 an adjournment of the meeting to another fixed date will allow the transaction of 
 the business directed to be done on the day of the regular meeting. 75 Iowa, 196. 
 
 SECTION 2758. 1. Any school director is authorized to administer to a school 
 director elect the official oath required by law, but the secretary cannot admin- 
 ister this oath unless he is one of the many officers empowered by law to adminis- 
 ter oaths. 
 
 2. The president of the board must take the oath of office according to arti- 
 cle 11, section 5, of the constitution of Iowa. 
 
 3. A director elect may take the oath of qualification at any time between 
 the day of election and the close of the third Monday in March. 53 Iowa, 687. 
 
 4. In case a director elect fails to qualify by the close of the third Monday in 
 March, the incumbent may continue in office and should qualify anew. Codo, 
 section 1265. 
 
 5. If a person is elected as his own successor and fails to qualify on or before 
 the third Monday in March, a vacancy exists which is filled by appointment. 
 
28 SCHOOL LAWS OF IOWA. 
 
 SEC. 2769. President employment of counsel. The presi- 
 dent of the board of directors shall preside at all of its meetings, sign 
 all warrants and drafts, respectively, drawn upon the county treas- 
 urer for money apportioned and taxes collected and belonging to his 
 school corporation, and all orders on the treasurer drawn as pro- 
 vided by law, sign all contracts made by the board, and appear in 
 behalf of his corporation in all actions brought by or against it, 
 unless individually a party, in which case this duty shall be per- 
 formed by the secretary. In all cases where actions may be insti- 
 tuted by or against any school officer to enforce any provision of 
 law, the board may employ counsel, for whi"h the school corporation 
 shall be liable. [19 G. A., ch. 46; C. 73, 1739-40; R., 2039-40; 
 C.'51, 1122-3, 1125.] 
 
 6. A person appointed as a member of the board is required to qualify within 
 ten days. Code, section 1275. 
 
 7. A director continues in office until a successor is elected and qualified, 
 whether chosen by the electors or appointed by the board. 
 
 8. Failure to appear at the meeting of the board on the third Monday in 
 March will not prevent a qualification being valid if the member elect takes 
 the oath of office before the close of the third Monday in March. 
 
 9. When a director is chosen by vote of the electors he is elected for a fuM 
 term, or to fill the remainder of an unexpired term. Sections 1276 and 1277. 
 
 10. When an election is contested, the person elected shall have ten days in 
 which to qualify, after the date of the decision. Code, section 1177. 
 
 11. All persons appointed to fill vacancies in office hold until the next meeting 
 of the electors. Constitution of Iowa, article 11, section 6. Code, section 1276. 
 
 12. The failure or refusal of the proper officers to issue a certificate to a person 
 duly elected, cannot operate to deprive such person of his rights. The certificate 
 or commission is the best, but not the only evidence of an election, and if that be 
 refused secondary evidence is admissible. McCrary on Elections, section 171. 
 Decisions, 8. 
 
 13. The right or title to hold office cannot be determined by an appeal to the 
 county superintendent. The proper remedy for any person aggrieved by the 
 action of the board relating thereto is a petition to the district court. Code, 
 sections 4313-4320. Decisions, 8 and 23. 
 
 14. It is the exclusive province of the courts to determine questions with 
 relation to any vote of a school meeting, or with relation to the choice of mem- 
 bers of the board or of officers of the board. 
 
 15. There can be no doubt that school officers should not express an official 
 opinion upon matters entirely outside of their jurisdiction. Upon these subjects 
 it is therefore useless to expect county superintendents, or this department, to 
 give any other than general LL "^rmation, such as is presumably already within 
 the knowledge of those applying. 
 
 /16. While a board may use its own judgment as to who shall or who shall not 
 bo received as a member of the board, any one aggrieved has his remedy through 
 the courts; that is, the membership of the board is not finally determined by any 
 p,,ction of the board. 
 
 SECTION 2759. 1. A president whose term as director has expired may take 
 no further part in the board, even though a new president has not been chosen. 
 
 2. The president has the right to vote on all questions comic.g before the 
 board. If by such vote a tie is produced, the motion is lost. Section 2757. 
 
 3 y When the board is without a president, a temporary president may be 
 Appointed, who during the time he is acting as president, may sign orders and 
 contracts and do all other acts proper to be done by the president, but he is 
 not authorized to act except when the board is in session. 
 
SCHOOL LAWS OP IOWA. 29 
 
 SEC. 2760. Bonds of secretary and treasurer. The secretary 
 and treasurer shall each give bond to the school corporation in such 
 penalty as the board may require, and with sureties to be approved 
 by it, which bond shall be filed with the president, conditioned for 
 the faithful performance of his official duties, but in no case less 
 than five hundred dollars. Each shall take the oath required of 
 civil officers, which shall be indorsed upon the bond, and shall com- 
 plete his qualification within ten days. In case of a breach of the 
 bond, the president shall bring action thereon in the name of the 
 
 4. The secretary is the custodian of the order book. He fills out the orders, 
 which the president afterward signs, 
 
 5. To be valid, an order must express upon its face the fund on which it is 
 drawn, and name the purpose for which it was issued. Section 2762. 
 
 6. An order of the board cannot be considered as officially transmitted, unless 
 signed by the president, as well as by the secretary. 
 
 7. The failure of an officer to attach his official title to his signature will not 
 affect the instrument so far as the district is concerned, provided the writing was 
 authorized, and made for the district, and this fact can be shown. 7 Iowa, 509, 
 and 11 Iowa, 82. 
 
 8. Unless the fact that official approval was authorized can be shown, personal 
 liability may follow. 59 Iowa, 696. 
 
 9. An order on the treasurer may be signed only by authority of the board. 
 
 10. The expenses in suits provided for by this section should be paid from tht? 
 contingent fund. . 
 
 11. Appeals to the county superintendent or superintendent of public instruc- 
 tion, are not suits brought by or against the district, nor are they suits brought 
 by or against any of the school officers, within the meaning of the law, and no 
 oharge can be made against the district for attorney fees. 
 
 12. The president does not have authority to bring suits in the name of the 
 corporation on his own motion. 85 Iowa, 387. 
 
 13. Service of notice may be made on either the president or the secretary. 
 Code, section 3531. 
 
 SECTION 2760. 1. The law requires all official bonds to be secured by at least 
 two sureties who are freeholders, and whose aggregate property is double tho 
 amount of the bond, the oath of office to be subscribed on the back of the bond, or 
 attached thereto, and the sureties to make affidavit that they are worth the amount 
 named. Form 17. 
 
 2. At least two sureties are required, who must be resident freeholders of this 
 state, and each of whom must make an affidavit as surety. Code, sections 358 and 
 359. Both the principal and sureties must qualify before some one empowered to 
 administer oaths. 
 
 3. If the treasurer continues in office by reason of failure to elect a successor, 
 his bond should be renewed and he should produce and account for the fuads in 
 his hands, and the statement of such settlement should be indorsed OH his mew 
 bond. Code, section 1193. 
 
 4. As the bonds of the secretary and treasurer must be approved by the board, 
 no member should become surety for one of these officers. 
 
 5. Any officer whose duty it is to give bonds for the proper discharge of thfe 
 duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is 
 liable to a fine. Code, section 1197. 
 
 6. A board approving bonds known to be insufficient, does not discharge ths 
 duty incumbent upon it, and is liable on a charge of misdemeanor. 14 Iowa, 510, 
 and 18 Iowa, 153. Code, section 4904. 
 
 7. Any officer or board who has the approval of another officer's bond, when 
 of the opinion that the public security requires it, upon giving ten days' notice* 
 
80 SCHOOL LAWS OP IOWA. 
 
 school corporation. [15 G. A., ch. 27; C.73, 1721, 1731; R., 
 2035, 2037, 2076; C.'51, 1144.] 
 
 SEC. 2761. Duties of secretary. The secretary shall file and 
 preserve copies of all reports made to the county superintendent, 
 and all papers transmitted to him pertaining to the business of the 
 corporation; keep a complete record of all the proceedings of the 
 meetings of the board and the voters of the corporation in separate 
 books; keep an accurate, separate account of each fund with the 
 treasurer, charge him with all warrants and drafts drawn in his 
 favor, and credit him with all orders drawn on each fund; and he shall 
 keep an accurate account of all expenses incurred by the corpora- 
 tion, and present the same to the board for audit and payment. At 
 
 to show cause to the contrary may require him to give such additional security 
 by a new bond, within a reasonable time to be prescribed. Code, section 1281. 
 
 8. By petitioning the board, a surety may ask to be relieved from his obliga- 
 tion on a bond. Code, sections 1283-1285. 
 
 9. All the officers of the board must take the oath of office as prescribed by 
 section 5, article 11, of the constitution. 
 
 10. The sectretary and the treasurer have ten days in which to qualify. 
 
 11. Any association or corporation which does the business of insuring the 
 fidelity of others, and which has authority by law to do business in this state, 
 shall be accepted as surety upon bonds required by law, with the same force and 
 effect as sureties above qualified. Code, section 1187. 
 
 SECTION 2761. 1. A large amount of labor devolves upon the secretary. The 
 fidelity and promptness with which he attends to his duties make his assistance 
 very valuable to the board and the district, and determine, in a large degree, the 
 accuracy and completeness of his annual report to the board and to the county 
 superintendent. 
 
 2. It is essential that the record of the proceedings of the board and district 
 meetings should be properly kept. Every transaction should be carefully noted, 
 and the proceedings read and approved. 
 
 3. The minutes of a meeting, as recorded at the time by the secretary, must 
 be regarded the best evidence as to the understanding the board had of a subject, 
 at the time the question was voted upon. Decisions, 6, 27, 30 and 47. 
 
 4. The proceedings of any meeting in relation to voting schoolhouse taxes, 
 must be submitted by the secretary, who is the proper custodian of the records, 
 to the board, to form the basis of its action in apportioning and certifying school- 
 house taxes to the board of supervisors. 
 
 5. The failure of the secretary to record all the proceedings of the board and 
 of the district meetings in separate books, kept for that purpose, will not render 
 the proceedings void. 8 Iowa, 298. 
 
 6. Public records are public property, and are open to inspection at proper 
 times by any citizen. No public officer may refuse examination of the records, 
 but as he is their custodian, and is charged with their safe keeping, he must keep 
 them in his possession. 
 
 7. Every officer having the custody of a public record or writing is bound to 
 give any person, on demand, a certified copy thereof on payment of the legal fees 
 therefor. Code, section 4638. 
 
 8. The secretary may not act as president or treasurer of the board. 
 
 9. As the secretary is the clerical officer of the board, and cares for the 
 records of the district, we think he should act as librarian unless the board 
 selects some other person. 
 
 10. The secretary is required by this section to keep an account current with 
 the district treasurer. This account, properly kept, will assist the board in ita 
 frequent settlements with the treasurer, as required by section 2780. 
 
SCHOOL LAWS OP IOWA. 31 
 
 the annual meeting he shall record, in a book provided for that pur- 
 pose, the names of all persons voting thereat, the number of votes 
 cast for each candidate, and for and against each proposition sub- 
 mitted. [C. 73, 1741, 1743; R., 2041-2; C. '51, 1128.] 
 
 SEC. 2762. Warrants. He shall countersign all warrants and 
 drafts upon the county treasurer drawn or signed by the president; 
 draw each order on the treasurer, specify the fund on which it is 
 drawn and the use for which the money is appropriated; countersign 
 and keep a register of the same, showing the number, date, to whom 
 drawn, the fund upon which it is drawn, the purpose and the amount; 
 and at the March and September meetings furnish the board with a 
 copy of the same. [19 G. A.,-ch. 46; C. 73, 1739, 1782; R., 2039, 
 2061; C.'51, 1122-3.] 
 
 SEC. 2763. Notice of meetings. He shall give ten days' 
 printed or written notice of all meetings of the voters, posted in at least 
 
 SECTION 2762. 1. All demands., whether by contract or otherwise, must be 
 approved by the board when in session, before an order may be drawn on the 
 treasurer, and the secretary should draw no order unless he is authorized to do 
 so by a vote of the board, at a regular or special meeting. Form 19. 
 
 2. It is an advantage for the secretary to hold the order book, for by thia 
 means he can better keep his records, make the transcript to the treasurer ol 
 orders drawn, and more easily make his final report to the board in September. 
 
 3. The secretary, president, and treasurer, must conform to the instructions 
 of the board as far as those directions are in accordance with law, but they should 
 not comply with an instruction directing them to do an illegal act. 
 
 4. If the board appropriates money to pay its members, or for any other 
 fllegal purpose, the president and secretary should decline to sign the order, and, 
 If drawn, the treasurer should refuse to pay it. 
 
 5. A member may relieve himself of the responsibility of an illegal act of the 
 board, by moving that the ayes and noes be taken, and voting no. In case of pros- 
 ecution the liability of such member may be materially lessened. 69 Iowa, 533. 
 
 6. The board may authorize the president and secretary to draw warrants for 
 the payment of teachers' salaries at the end of each school month, upon proper 
 evidence that the service has been performed, but the order for wages for the last 
 month should not be drawn until the full report required by section 2789 is filed 
 In the office of the secretary. 
 
 7. School orders issued without a vote of the board or otherwise illegally 
 issued, although they may be signed by the president and countersigned by the 
 becretary, are not binding upon the district, neither can they acquire validity by 
 being transferred to third parties. If illegal when issued, they are illegal forever. 
 19 Iowa, 199 and 248. Decisions, 10. 
 
 8. An order is not a negotiable paper. It is subject to all equities and 
 defenses to which it would have been subject in the hands of the payee. 22 Iowa, 
 695; 29 Iowa, 339, and 92 Iowa, 676. 
 
 9. An order issued illegally does not acquire validity by transfer. 
 
 10. School orders should not be drawn payable on time, nor should any men- 
 tion regarding interest be in the order. An order may not be made payable at 
 any other place than the treasury of the district. 
 
 11. The registry of orders is an important matter. Every order drawn 
 should be promptly reported to the district treasurer, as he has no other means 
 of determining the amount of outstanding orders, and otherwise cannot comply 
 with the law requiring him to make partial payments. Section 2768 and form 20 
 
 SECTION 2763. 1. The statutory mode of computing time excludes the day on 
 which the notice is posted, and includes the day of meeting. 61 Iowa, 303. Code, 
 section 48, subdivision 23. Forms 10 and 13. 
 
32 SCHOOL LAWS OF IOWA. 
 
 five public places in the corporation, but a notice shall be posted at 
 the door of each schoolhouse, also at or near the last place of meet- 
 ing, and each notice shall state the date, hour and place of meeting, 
 and the object. [18 G. A., ch. 59; C.73, 1742, 1822; R., 2043; C. 
 '51, 1129. J 
 
 SEC. 2764. Register of persons of school age. He shall, 
 between the first day of September and the third Monday in Sep- 
 tember of each year, enter in a book made for that purpose, the 
 name, sex and age of every person between five and twenty-one 
 residing in the corporation, together with the name of the parent or 
 guardian. 
 
 SEC. 2765. Reports. He shall notify the county superintendent 
 when each school is to begin and its length of term, and, within five 
 days after the third Monday in September of each year, file with the 
 
 2. Failure to comply with the law with respect to the notice, does not invali- 
 date the proceedings of the meeting- if regular in other respects. 
 
 3. It folio vs that notice through the newspapers or any other notice than as 
 named in the law, will not take the place of the -kind of notice required by the 
 law, given in the manner indicated. 
 
 4. The posting up or service of any notice or other paper required by law 
 may be proved by the affidavit of any competent witness attached to a copy of 
 said notice or paper, and made within six months of the time of such posting up. 
 Code, section 4681. 
 
 SECTION 2764. 1. The law intends that no part of the enumeration shall be 
 taken before the first day of September. 
 
 2. The number of persons of school age can be obtained only by a careful and 
 conscientious census. It includes all persons between five and twenty-one years 
 having a residence within the district, even if married. Form 21. 
 
 3. Each district deserves credit for every one of proper age, but is entitled 
 to no more. It is obvious that a guess or estimate regarding even a single indi- 
 vidual is to be avoided. 
 
 4. In independent districts, it is the duty of the secretary to take the annual 
 school enumeration required by the first clause of this section, unless the board 
 assigns the duty to another person. In any case proper extra compensation 
 should be given for the work required, if the district is a large one. 
 
 5. In districts formed of parts of two or more counties, the secretary should 
 make the annual report to the county superintendent of the county in which a 
 majority of the children reside. This report should not include those children 
 who reside in portions of the district lying in other counties. The remaining 
 number of children should be reported by the secretary to the superintendents of 
 their respective counties. 
 
 6. Every person between five and twenty-one should be enumerated where he 
 resides. A child in one of the charitable or reformatory institutions temporarily, 
 and whose parents reside in another part of the state, or in another school 
 district, is a resident of the district in which his parents reside, and should be 
 enumerated there. If in the institution to remain permanently, having no 
 parents or guardian, his residence is in the district in which the institution is 
 located, and he should be enumerated therein. 
 
 7. The actual truth as to the number of school age is what is sought. Any- 
 thing else disturbs the equality which by right exists, and prevents all from 
 receiving exact justice in the apportionments. 
 
 SECTION 2765. 1. The name of the teacher should be given, and any other 
 information which will aid the county superintendent in planning his work of 
 visitation, provided for in section 2735. 
 
SCHOOL LAWS OF IOWA. 33 
 
 county superintendent a report which shall give the number of per- 
 sons in the corporation, male or female, of school age, the number 
 of schools and branches taught, the number of scholars enrolled and 
 average attendance in each school, the number of teachers employed 
 and the average compensation paid per month, distinguishing the 
 sexes, the length of school in days, and the average cost of tuition 
 per month for each scholar, the text-books used, number of volumes 
 in library, the value of apparatus belonging to the corporation, the 
 number of schoolhouses and their estimated value, the name, age 
 and postoffice address of each deaf and dumb or blind person in the 
 corporation between the ages of five and twenty-one years, and this 
 shall include those who are so blind or deaf as to be unable to obtain 
 an education in the common schools, a like report as to all feeble 
 minded children of and between such ages, and the number of trees 
 set out and in a thrifty condition on each schoolhouse ground. [19 G. 
 A., ch. 23, 3; 16 G. A., ch. 112, 1; C. 73, 1744-5; R, 2046; C. 
 '51, 1127-8.] 
 
 SEC. 2766. Officers reported. He shall report to the county 
 superintendent, auditor and treasurer the name and postoffice 
 address of the president, treasurer and secretary of the board as 
 soon as practicable after the qualification of each. [C. '73, 1736.] 
 
 SEC. 2767. Certifying tax. Within five days after the board 
 has fixed the amount required for the contingent and teachers' fund, 
 he shall certify to the board of supervisors the amount so fixed, 
 and at the same time shall certify the amount of schoolhouse tax 
 voted at any regular or special meeting. In case a schoolhouse tax 
 is voted by a special meeting after the above certificate has been 
 made and prior to the first day of September following, he shall 
 forthwith certify the same to the board of supervisors. He shall 
 also certify to such board any provision made by the board of direct- 
 ors for the payment of principal or interest of bonds lawfully issued. 
 [C.73, 1777, 1823; R, 2037, 2044.] 
 
 SEC. 2768. Duties of treasurer payment of warrants. 
 The treasurer shall receive all moneys belonging to the corporation, 
 pay the same out only upon the order of the president countersigned 
 by the secretary, keeping an accurate account of all receipts and 
 
 2. The blanks for the annual report of the secretary are furnished by the 
 state, through county superintendents. The secretary should copy the report 
 required by this section, in the district records. If the original report is filed in 
 his office, it is liable to be destroyed or mislaid, which may prove detrimental to 
 the interests of the district. 
 
 3. Every teacher should take great pains to keep very carefully the register 
 required by section 2789, in order that the report required by this section may 
 be made out correctly. By the teacher doing so the secretary will be able to 
 make his annual report with greater ease, and with added accuracy. 
 
 SECTION 2766. It is very important that the secretary should file the certifi- 
 cate with the county officers named, immediately after the regular meeting of the 
 board in March and September, otherwise funds belonging to the district may be 
 paid to persons not authorized to receive them. Whenever a change is made the 
 county officers should be notified. Form 22. 
 
 SECTION 2768. 1. The language of this section is very explicit. It makes the 
 treasurer the custodian of all moneys belonging to the district, which effectually 
 precludes the idea of dividing the money belonging to any particular fund among 
 the subdistricts. Decisions, 11. 
 
 3 
 
34 SCHOOL LAWS OF IOWA. 
 
 expenditures in a book provided for that purpose. He shall regis- 
 ter all orders drawn and reported to him by the secretary, showing 
 the number, date, to whom drawn, the fund upon which drawn, the 
 purpose and amount. The money collected by tax for the erection 
 of schoolhouses and the payment of debts contracted therefor shall 
 
 2. The treasurer may pay out the funds only on the order of the president, 
 countersigned by the secretary, and the president may not sign an order unless 
 he is authorized to do so by the board. 
 
 3. No order shall be drawn on the district treasury, until the claim for \vhich 
 it is drawn has been audited and allowed. Section 2780. 
 
 4. In making payment, one order may not be given precedence before another. 
 40 Iowa, 620. 
 
 5. Neither the electors nor the board may authorize the treasurer to loan 
 money belonging to the district. Code, section 4840, as note 10 to section 2769. 
 
 6. The treasurer is responsible for all moneys coming into his hands by virtue 
 of his office, even if stolen or destroyed by lire. The board has no authority to 
 release him, unless he accounts in full for all moneys received by virtue of his 
 office. 37 Iowa, 550; 39 Iowa, 9; 40 Iowa, 130, and SO Iowa, 497. 
 
 7. Having the consent of his bondsmen, the treasurer may deposit the money 
 in some safe and secure bank. The treasurer and his bondsmen are as fully 
 responsible as they would be if the money is held by the treasurer in person. 
 
 8 The spirit of our law forbids the electors to vote schoolhouse funds to 
 reimburse a treasurer or his bondsmen for a loss of the money belonging to the 
 district. There is no way under the law in which the treasurer and his bonds- 
 men may be released from absolute liability. 
 
 9. There is no authority in law for a county treasurer and a district treasurer 
 to keep a part of the schoolhouse fund separate as a so-called highway fund or 
 library fund. It is obvious that all moneys collected as voted by the electors 
 must belong to the schoolhouse fnnd. 
 
 10. When possible, it is desirable that the cost of removing and repairing 
 schoolhouses shall be paid from the schoolhouse fund. If there is no schoolhouse 
 fund on hand unappropriated, the expense of removal, if not too considerable, 
 may be paid from the contingent fund. 
 
 11. Contingent fund may be used to erect a flag staff upon the schooihouse or 
 a flag pole upon the school grounds for the purpose of displaying a school flag. 
 
 12. Minor improvements, such as the erection of ordinary outhouses, fences, 
 and the like, may be paid for from either the contingent or schoolhouse fund. 
 
 13. Ordinary repairs should be charged to the contingent fund; bat- when 
 such repairs assume the magnitude of a rebuilding, or of an extensive addition, 
 they should be charged to the schoolhouse fund. 
 
 14. Any unappropriated schoolhouse fund in the district treasury may be used 
 for the erection or repair of schoolhouses, at the discretion of the board, without 
 action of the electors. 
 
 15. The cost of seating new school houses should be paid from the schoolhouse 
 fund. The law does not authorize the use of the contingent fund for the erection 
 or completion of schoolhouses, but when a house needs reseating or other repairs, 
 the cost may be defrayed either from the contingent fund, or from any unappro- 
 priated schoolhouse fund in the treasury. 25 Iowa, 436. 
 
 16. The term school furniture, as generally used in our state, means school 
 desks, tables, chairs, and such similar articles as are closely related to making the 
 schoolhouse more suitable for its use as a schoolhouse: school apparatus has .been 
 understood to include the articles mentioned in section 2783, or such similar arti- 
 cles as would clearly come under the same designation for use in the schools for 
 the purposes of instruction. 
 
SCHOOL LAWS OF IOWA. 35 
 
 be called the schoolhouse fund; that for rent, fuel, repairs, and 
 other contingent expenses necessary for keeping the school in 
 operation, the contingent fund; and that received for the payment 
 of teachers, the teachers' fund; and he shall keep a separate account 
 with each fund, paying no order that fails to state the fund upon 
 which it is drawn and the specific use to which it is to be applied. 
 
 17. As the members of the board receive no pay for their services, if boards 
 subscribe for a copy of any journal containing 1 the official rulings and decisions of 
 this department to aid them in their work, they have the right to pay for the 
 same from the contingent fund. 
 
 18. Boards have no authority to transfer money from one fund to another, even 
 temporarily, unless they are authorized under section 2749, subsection 5, to 
 transfer schoolhouse fund to another fund. Notes 3 and 4 to section 2810. 
 
 19. The teachers' fund should not be divided among- the subdistricts, equally, 
 according to the number of children, or upon any other basis. This fund can be 
 paid out only to teachers for services, upon orders authorized by the board. 
 
 20. The treasurer shall pay no order which does not specify the fund on which 
 it is drawn, and the specific use to which the money is applied. 
 
 21. Tuition fees collected from nonresidents belong to the teachers' fund. 
 
 22. No part of the teachers' fund may be used for any other purpose than to 
 pay teachers or to pay tuition. 
 
 23. The law requires both the secretary and treasurer to keep a register of 
 all orders drawn on the district treasury, containing a record of each item enum- 
 erated. Form 26. . 
 
 24. The board has no authority to make a contract by which school orders 
 shall draw interest before their presentation nor a higher rate than six per cent. 
 90 Iowa, 53. 
 
 25. It is essential that the treasurer should know the exact amount of out- 
 standing orders, and for this reason the secretary is required to report to him all 
 orders drawn on the district treasury. Section 2761. 
 
 26. The register provided for in this section is indispensable to the treasurer, 
 under the law requiring him to make partial payments on orders when he has not 
 funds sufficient to pay them in full. 
 
 27. The treasurer may rightly object to paying an order that is defective in 
 any of the particulars named. It is especially essential that the purpose for which 
 the order was given shall be written in the order, and on the stub in the order book. 
 
 28. The provision as to partial payment applies to all orders on that fund. 
 The holder of an order drawn to pay a judgment cannot insist on its being satis- 
 fied in full to the exclusion of other orders. 40 Iowa, 620. 
 
 29. By keeping a correct account of the orders, as by form 20, the treasurer 
 will know the amount outstanding, and can readily determine what per cent on 
 each he can pay with the funds on hand. 
 
 30. Whenever partial payment is made, the treasurer should indorse the pay- 
 ment on the order and take a receipt for the amount paid. When paid in full, 
 the order should, in all cases, be indorsed by the person presenting it, and left 
 with the treasurer. It is then a voucher for the amount paid. 
 
 31. The district treasurer should make payment pro rata upon all outstanding 
 orders in the fund on which such order is drawn and should indorse an order, 
 when requested, so that amounts unpaid may draw six per cent interest. 
 
 32. The remedy of any one holding an order which the treasurer refuses to 
 pay is application to a court for a writ to compel such officer to make payment. 
 At the iinal hearing before the court it will be definitely determined whether the 
 order is of such character that it should be either paid by- the treasurer or 
 indorsed by him as not paid for want of funds. 
 
36 SCHOOL LAWS OF IOWA. 
 
 Whenever an order cannot ba paid in full out of the fund upon 
 which it is drawn, partial payment may be made. All school orders 
 shall draw lawful interest after being presented to the treasurer and 
 by him indorsed as not paid for want of funds. [C. 73, 1747-50; 
 R., 2048-50; C.'51, 1138-40.] 
 
 Sosc. 2769. Financial statement. He shall render a state- 
 ment of the finances of the corporation whenever required by the 
 board, and his books shall always be open for inspection. He shall 
 make an annual report to the board on the third Monday in Septem- 
 ber, which shall show the amount of the teachers' fund, the contin- 
 gent fund, and the schoolhouse fund held over, received, paid out, 
 
 SECTION 2769. 1. The interest and protection of the taxpayers require that 
 .sueh settlement should be made at least twice a year, and more frequently if 
 -deemed necessary, and the settlement at the end of the term requires that the 
 tfunds and property shall be produced and fully accounted for, and that these facts 
 rshould be indorsed upon the new bond of the treasurer, if he is re-elected. Code, 
 section 1193, quoted in note 8 below. 69 Iowa, 269, and 91 Iowa, 198. 
 
 2. The outgoing treasurer and his bondsmen have a right to expect and to 
 require that the board shall make a complete settlement, and the treasurer may 
 demand and receive written evidence that such settlement is complete. 
 
 3. The responsibility of the treasurer and his bondsmen to the district is 
 absolute, and it rests with the treasurer to deposit the money in a bank, or not, 
 as may seem best to him, with the advice of his bondsmen. 
 
 4 It is not within the power of even the electors to release the board or its 
 officers from their obligation to protect the funds of the district. 
 
 5. The sureties on an official" bond, may be held for three years from the time 
 that it is presumed an irregularity occurred. Code, section 3447. 91 Iowa, 198. 
 
 6. The vouchers of the treasurer should not be destroyed until after three 
 years from the expiration of a term of office. The stub books of the secretary 
 should also be retained, and not destroyed until after several years. 
 
 7. In making settlement, the board may submit a difference with the treas- 
 urer, to arbitration. 70 Iowa, 65. 
 
 8. When the incumbent of an office is re-elected, he shall qualify as above 
 directed; but when the re-elected officer has had public funds or property in his 
 control, under color of his office, his bond shall not be approved until he has pro- 
 duced and fully accounted for such funds and property to the proper person to 
 whom he should account therefor; and the officer or board approving the bond 
 shall indorse upon the bond, before its approval, the fact that the said officer has 
 fully accounted for and produced all funds and property before that time under 
 his control as such officer Code, section 1193. 
 
 9. When it is ascertained that the incumbent is entitled to hold over by 
 reason of the nonelection of a successor, or for the neglect or refusal of the 
 successor to qualify, he shall qualify anew, within the time to be fixed by the 
 board or officer who approves the bond of such officer. Code, section 1195. 
 
 10. If any state, county, township, school or municipal officer, or officfer of any 
 state institution, or other public officer within the state, charged with the collec- 
 tion, safe keeping, transfer or disbursement of public money or property, fails or 
 refuses to keep the same in any place of custody or deposit that may be provided 
 by law for keeping such money or property until the same is withdrawn there- 
 from as authorized by law, or keeps or deposits such money or property in any 
 other place than in such place of custody or deposit, or unlawfully converts to his 
 own use in any way whatever, or uses by way of investment in any kind of prop- 
 erty, or loans without the authority of law, any portion of the public money 
 intrusted to him for collection, safe keeping, transfer or disbursement, or con- 
 verts to his own use any money or property that may come into his hands by 
 
SCHOOL LAWS OF IOWA. 37 
 
 and on hand, the several funds to be separately stated, and he shall 
 immediately, file a copy of this report with the county superintendent. 
 [16 G. A., ch. 112, 2; C. 73, 1751; R, 2051; C.'Sl, 1141.] 
 
 SEC. 2770. Surrendering office to successor. Each school 
 officer, upon the termination of his term of office, shall immediately 
 surrender to his successor all books, papers and moneys pertaining 
 or belonging to the office, taking a receipt therefor. [C. '73, 1791; 
 R, 2080.] 
 
 SEC. 2771. Quorum of board filling vacancies. A majority 
 of the board of directors of any school corporation shall constitute a 
 quorum for the transaction of business, but a less number may 
 adjourn from time to time. Vacancies occurring among the officers 
 or members shall be filled by the board by ballot, and the person 
 
 virtue of his office, he shall be guilty of embezzlement to the amount of so much 
 of said money or the value of so much of said property as is thus taken, converted, 
 invested, used, loaned or unaccounted for, and shall be imprisoned in the peni- 
 tentiary not exceeding ten years, and fined in a sum equal to the amount of money 
 embezzled or the value of such property converted, and shall be forever after 
 disqualified from holding any office under the laws of the state. Any such officer 
 who shall receive any money belonging to the state, county, township, school or 
 municipality or state institution of which he is an officer shall be deemed to have 
 received the same by virtue of his office, and in case he fails or neglects to account 
 therefor upon demand of the person entitled thereto, he shall be deemed guilty 
 of embezzlement, and shall be punished as above provided. Code, section 4840. 
 
 11. The blaaks for the annual report of the treasurer are furnished by the 
 state, through county superintendents. 
 
 12. Treasurers should take pains to mail a copy of this report at once to the 
 county superintendent, as only by timely attention on the part of treasurers, can 
 the county superintendent compile and forward his annual report to the superin- 
 tendent of public instruction, on the first Tuesday in October. 
 
 SECTION 2770. The language of this section includes copies of the school laws, 
 school journals, reports, and all other publications which may be received by 
 virtue of being a school officer. 
 
 SECTION 2771. 1. In the absence of a direct provision of law, or of a by-law 
 requiring a majority vote of all the board, or one providing that the highest vote 
 shall carry, or a rule imposing some other limitation upon the board, a majority 
 of the votes cast, a quorum being present, will carry a measure. 
 
 2. Boards have no authority to remove any member or officer of the board. 
 Such removal may be made only by the courts. Code, section 1251. 
 
 3. Wilful neglect to perform duty is a misdemeanor. Code, section 4904. 
 
 4. If a director habitually or wilfully neglects the duties of his office he may 
 perhaps be compelled by mandamus to perform them or to resign. Section 2822. 
 
 5. A vacancy can be created only by death, removal, resignation, or failure 
 to elect at the proper election, there being no incumbent to continue in office. 
 Code, section 1266. A failure to elect or qualify does not create a vacancy, for 
 the incumbent, whether elected or appointed, continues in office' "until his suc- 
 cessor is elected and qualified." Code, section 1265. If the incumbent does not 
 qualify, a vacancy exists. 
 
 6. School directors may resign at any time. A verbal or a written resignation 
 may be tendered to the board when in session, or a written resignation may be 
 handed to some member to be presented at a subsequent meeting, for acceptance 
 by the board. 
 
 7. No one may be compelled to qualify as a member or officer of the board. 
 
38 SCHOOL LAWS OF IOWA. 
 
 receiving the highest number of votes shall ba declared elected and, 
 shall quality as if originally elected or appointed. [24 G. A. , ch. 
 19; C.,'73, 1730, 1738; R., 2037-8.] 
 
 SEC. 2772. Temporary officers course of study regula- 
 tions. The board shall appoint a temporary president and secre- 
 tary, or either of them, in the absence of the regular officers, and 
 shall prescribe a course of study for the schools of the corpora- 
 tion, make rules and regulations for its own government and that 
 of the directors, officers, teachers and pupils, and the care of 
 the schoolhouse, grounds and property of the school corporation, 
 
 8. If a subdistrict is divided, so as to form a new one, the resident director 
 will continue to act as though no change had been made, until the following sub- 
 district election. 
 
 9. If a person without the requisite qualifications, is elected a member of the 
 board and acts with the board, being a member de facto, his acts will be valid, but 
 when his disqualification becomes known, the board shall declare the place 
 vacant and appoint his successor. 23 Iowa, 96. 70 Northwestern Reporter, 592- 
 
 10. A board may ratify or adopt such acts of officers de facto as the law would 
 permit officers dejure to perform. 
 
 SECTION 2772. 1. The board of every district should adopt a carefully pre- 
 pared course of study, to which the electors may add other branches. 
 
 2. The law does not prescribe clearly the several branches that shall be taught 
 in the public schools, further than to require most teachers to be qualified to teach 
 certain branches enumerated. 
 
 3. It is plainly implied that the common branches are to be included in every 
 course of study. 
 
 4. The board of every district has the right to include music, drawing, or any 
 other branch, in the course of study. 
 
 5. It is the province of the board to decide what branches besides those named 
 by the electors, shall be included in the course of study and taught in the schools. 
 
 6. If it is desired that higher arithmetic, or any other advanced study, shall 
 be taught in one or more schools in the district, the board should inclu e such 
 branch in the course of study for such school or schools. 
 
 7. The electors may not limit or restrict the board as to a course of study. 
 The most that the electors may do is to compel the board to provide for giving 
 instruction in the branches ordered by the electors to be taught during the year. 
 
 8. Graduating exercises are a part of the course of study and the board may 
 direct what exercises shall be held in connection with the closing days of school. 
 
 9. In mixed schools a close classification is very desirable. Time is saved, 
 larger classes are secured, and the efficiency and discipline of the school are pro- 
 moted by such plan. 
 
 10. A condition may exist when for a short time a board may be compelled to 
 provide by regulation that certain pupils shall attend only one-half of the day, 
 and others of the same grade the other half. But such arrangement could not be 
 regarded as a permanent one. 
 
 11. A board is discharging the duty incumbent upon it to provide equal school 
 facilities for all when it does the very best possible to overcome difficulties, and 
 leaves nothing undone which it might properly be expected to do. 
 
 12. Legally speaking, the management of the schools in every essential respect 
 is entirely within the control of the board. Teachers and scholars are governed 
 by the reasonable rules and regulations adopted by the board. In the absence of 
 a rule upon any special subject the action of a teacher is supposed to be in effect 
 the act of the board until such action is set aside or disclaimed by an order of the 
 board directing otherwise. 
 
SCHOOL LAWS OP IOWA. 39 
 
 and aid in the enforcement of the same, and require the performance 
 of duty by said persons not in conflict with law and said rules and 
 regulations. [C.78, 1730, 1737; R., 2037.] 
 
 SEC. 2773. Sch.oolh.ouse site division of district length 
 of school. It may fix the site for each sshoolhouse, taking into 
 
 13. It is within the power of the board to require such reports from teachers 
 as seem desirable for the information of the board. It may require reports weekly, 
 monthly, by the term, by the year, or all of these together. It is the duty of 
 teachers to comply with the regulations of the board, so far as it is within the 
 power of the teachers to do so. 
 
 14. Each board has exclusive control of the schoolhouses in its district, unless 
 the school township meeting has otherwise ordered. 
 
 SECTION 2773. 1. The power to locate sites for schoolhouses is vested, origi- 
 nally, exclusively in the board. This authority should be exercised with great 
 care, and without prejudice. Decisions, 25 and 33. 
 
 2. The wishes of the people, for whom the house is designed, should be con- 
 sulted as far as practicable, taking into account prospective as well as present 
 convenience. Decisions, 17, 21 and 59. 
 
 3. A vote of the electors upon matters which, by the law are to be determined 
 by the board, is not binding upon the board, but is only suggestive to it. In such 
 matters the board will still be left free to exercise the large discretion vested in 
 it by the law. 
 
 4. The location of schoolhouse sites is an exclusive prerogative of the board. 
 The electors may not definitely limit a board by vote or instructions. 
 
 5 A suggestion from the electors may be taken into account by the board and 
 given such weight as there is value in the reasons upon which the expressed wish 
 of the electors is based. 
 
 6. The board is required to exercise its official judgment in making the loca- 
 tion best suited to the needs of all the people in the district. The bearing of the 
 law is the same in all districts. 
 
 7. There is nothing in the law fixing a standard as to what is to be considered 
 a reasonable distance for children to travel to school. Attendance in an adjoin- 
 ing district under such circumstances as to secure the payment of tuition to the 
 adjoining district is governed by the provisions of section 2803. 
 
 8. There are many obvious reasons why a schoolhouse site should not be 
 located away from the highway. It is highly desirable that the necessary high- 
 ways to a new site should be open before a schoolhouse is placed upon such site. 
 
 9 The removal of a schoolhouse to another site within the same subdistrict 
 is entirely within the control of the board, and a vote of either the electors of the 
 subdistrict or of the school township will be only suggestive. 81 Iowa, 335. 
 
 10. A road to the schoolhouse may be established in the same manner and by 
 the proceedings provided for the establishment of highways in general, and when 
 the damages have been assessed, the district may pay the same. 
 
 11. The expense that is intended shall be paid by the district is not more 
 than that of surveying, locating and establishing the highway. The building 
 of bridges and the repair of the road with the funds of the district would not be 
 warranted by the law. 
 
 12. After a highway has become legally established it is wholly and entirely 
 under the control of the board of supervisors. Code, section 1482. 
 
 13. The location of a schoolhouse is not necessarily made to depend upon the 
 boundaries of the subdistrict in which the house is located, as by the former law. 
 
 14. The removal of a schoolhouse from the subdistrict must be first ordered 
 by the electors, at the township meeting. Decisions, 13. 
 
40 SCHOOL LAWS OF IOWA. 
 
 consideration the geographical position, number and convenience of 
 the scholars , provide for the fencing of schoolhouse sites, determine 
 the number of schools to be taught, divide the corporation into such 
 wards or other divisions for school purposes as may be proper, 
 determine the particular school which each child shall attend, and 
 
 15. As a change of boundaries between subdistricts does not take effect until 
 the subdistrict meeting in March, the board may not move the schoolhouse to 
 accommodate the proposed new conditions, until after that time. 
 
 16. If possible, the district should own the sites. A perfect title should 
 be secured, and the warranty deed recorded, before commencing to build. 
 
 17. The property should be conveyed to the district in its corporate name. The 
 deed should be recorded and afterwards filed with the president. Form 28. 
 
 18. A public square may be transferred to an independent school district, for 
 public school purposes. Code, sections 931-932. 
 
 19. In purchasing the grounds for schoolhouse purposes, the president should 
 require an abstract of title and satisfy himself that the property is free from 
 incumbrance. 
 
 20. The site should contain not less than one acre of ground, ordinarily, and 
 this exclusive of highway. 
 
 21. The provisions of section 2814 do not apply when the site is purchased. 
 
 22. The law does not provide the number to be accommodated by a new house 
 in order that one may be built. 
 
 23. There is nothing in law to prevent the erection of more than one school- 
 house in a subdistrict. 69 Iowa, 533. Decisions, 53. 
 
 24. The rights, privileges and obligations of the district as regards partition 
 fences with adjoining property are the same as those of any other occupant. 
 
 25. The legal obligations of the district are the same as those of any other land 
 owner, with regard to fencing. Sometimes a district desires to maintain a differ- 
 ent or better fence than can be required of the party joining. In such cases it is 
 quite customary for districts to build the whole fence. 
 
 26. A partition fence may be made tight by the party desiring it. Code, sec- 
 tion 2367. 
 
 27. Any question upon which there is a difference of opinion between parties 
 should be submitted to the township trustees, who act as fence viewers, and deter- 
 mine matters in controversy. 
 
 28. The property of school districts in cities and towns is not exempt from 
 special taxation, for improvement of streets and laying of sidewalks. 55 Iowa, 150. 
 
 29. The district has the same right to the full and proper use of the school- 
 house property as any individual has of his property, or as any other corporation 
 has of its property. 
 
 30. In an extreme case it may be necessary to bring an action in the name of 
 the state before a peace officer ag'ainst any person or persons wilfully or unlaw- 
 fully persisting in trespassing upon the schoolhouse grounds or wilfully interfer- 
 ing with or disturbing the quiet and uninterrupted progress of a public school. 
 
 31. If any tramp or vagrant, without permission, enter any schoolhouse or 
 other public building in the nighttime, when the same is not occupied by another 
 or others having proper authority to be there, or, having entered the same in the 
 daytime, remain in the same at night when not occupied as aforesaid, or at any 
 time commit any nuisance, use, misuse, destroy or partially destroy any private or 
 public property therein, he shall be imprisoned in the penitentiary not more than 
 three years, or be fined nou exceeding one hundred dollars and imprisoned in the 
 county jail not more than one year. Code, section 4793. 
 
 32. The board should require from parties desiring to use the schoolhouse, 
 security for its proper use and protection from other injury than natural wear. 
 
SCHOOL LAWS OF IOWA. 41 
 
 designate the period each school shall be held beyond the time 
 required by. law. Every school shall be free of tuition to all actual 
 residents between the ages of five and twenty-one years, and each 
 school regularly established shall continue for at least twenty-four 
 weeks of five school days each, in each school year commencing the 
 
 33. It is proper to permit the use of schoolhouses for the purpose of public 
 worship on Sunday, or for religious services, public lectures on moral or scientific 
 subjects, or meetings on questions of public interest, on the evenings of the week, 
 or at any time when such use will not interfere with the regular progress of the 
 school. 35 Iowa, 194. 
 
 34. It is not in accordance with the meaning of the law and the decisions of 
 the courts to allow a schoolhouse to be used for a purpose requiring an admission 
 fee. This does not prevent a contribution being taken, but we think free admis- 
 sion should not be denied. 
 
 35. It is believed that no discrimination should be made as to who may attend 
 meetings held in a schoolhouse. To make membership in a particular society a 
 test for attendance upon the meeting would seem to be in' conflict with the inten- 
 tion of the law. 
 
 36. The use of a public school building for Sabbath-schools, religious meetings, 
 debating clubs, temperance meetings, and the like, is proper. Especially is this 
 so where abundant provision is made for securing any damages which the tax- 
 payer may suffer by reason of the use for the purposes named. The use of a school- 
 house for such purposes, when so authorized, is not prohibited by section 3, article 
 1, of the constitution. 50 Iowa, 11. 
 
 37. In precincts outside of cities and towns the election shall be, if practicable, 
 held in the public school building, for the use of which there shall be no charge, 
 but all damage to the building or furniture shall be paid by the county. Code, 
 section 1113. 
 
 38. If any person wilfully write, make marks or draw characters on the walls 
 or any other part of any church, college, academy, schoolhouse, courthouse or 
 other public building, or on any furniture, apparatus or fixtures therein; or wil- 
 fully injure or deface the same, or any wall or fence -inclosing the same, he shaD 
 be fined not exceeding one hundred dollars, or imprisoned in the county jail not 
 more than thirty days. Code, section 4802. 
 
 39. If any person wilfully disturb any assembly of persons met for religious 
 worship by profane discourse or rude and indecent behavior, or by making a noise, 
 either within the place of worship or so near as to disturb the order and solem- 
 nity of the assembly, or if any person wilfully disturb or interrupt any school, 
 school meeting, teachers' institute, lyceum, literary society or other lawful assem- 
 bly of persons, he shall be punished by imprisonment in the county jail not more 
 than thirty days, or by fine not exceeding one hundred dollars. Section 4959. 
 
 40. There are no holidays during which teachers are exempted by the law 
 from teaching, unless excused by the board. A legal contract requires twenty 
 days of actual service for a month. 
 
 41. In this state, by common consent and universal custom, New Year's, 
 Memorial Day, Fourth of July, Christmas, and any day recommended by the 
 governor or the president as a day of thanksgiving, are observed as holidays. 
 
 42. It is the commendable custom with very many boards, to allow teachers 
 and scholars the so-called holidays, and to pay the teachers as if those days had 
 been taught. 
 
 43. There is no provision of law giving teachers time to visit other schools. 
 Boards often grant teachers this privilege, under proper restrictions. 
 
 44. By consent of the board, an occasional Saturday may be taught. But as 
 five days are a school week, the practice is not to be commended. 
 
42 SCHOOL LAWS OF IOWA. 
 
 third Monday in March, unless the county superintendent shall 
 authorize the board to shorten this period in any one or more 
 schools, when in his judgment there are sufficient reasons for so 
 doing. No school shall be in session during the time of holding 
 a teachers' institute except by written permission of the county 
 
 45. If no action has been taken by the board and the contract contains no pro- 
 vision relating- to the matter, the custom prevailing- in that school will probably 
 g-overn as to the matter of beginning- and closing school sessions, intermissions, 
 and other like particulars. It is well for the board and the teacher to have an 
 agreement in matters of this kind. 
 
 46. While the written law does not specify the length of a school day, almost 
 universal custom has made it six hours. The board has the power to shorten this 
 time somewhat if thought best. If no action has been taken by the board, and a 
 contract contains no provision relating 1 to the matter, the custom prevailing- in 
 the district will probably g'overn. 
 
 47. It is within the power of the board to extend the hours of school, within 
 reasonable limits, and when necessary it may maintain a nig-ht school. No person 
 may receive pay from the funds of the district for giving- instruction outside of 
 the school hours fixed by the board nor for teaching- without a certificate to teach 
 the particular branch or branches in which instruction is given. 
 
 48 It is entirely within the discretion of the board to determine the number 
 of months of school, the time when schools begin, the length of term, and such 
 other questions 
 
 49. As regards the length of time during which schools are to be taught, 
 twenty-four weeks is the minimum. The maximum is unlimited, except as by 
 section 2806, limiting the amount of taxes for contingent and teachers' fund. 
 
 50. The regular schools of the district should be kept in session an equal 
 number of months. 
 
 51. A suggestion or vote of the electors upon any of these matters will have 
 no binding force upon the board, but such suggestions may be given such weight 
 by the board as they choose to give them. 
 
 52. Attendance is not necessarily governed by subdistrict lines. The board 
 may determine what school in the district children shall attend, without regard 
 to the boundaries of subdistricts. 
 
 53. Subdistrict lines determine who may vote for director of the subdistrict, 
 and also fix the limits of taxation, if the voters of a subdistrict vote a schoolhouse 
 tax upon the subdistrict. 
 
 54. Usually and naturally in school townships the subdistrict will form a suit- 
 able division for attendance. But to determine where children shall attend, the 
 board may fix other limits than subdistrict lines. 
 
 55. Poor children, when cared for at the poor-house, shall attend the district 
 school for the district in which such house is situated, and a ratable proportion 
 of the cost of the school, based upon the attendance of such poor children to the 
 total number of days' attendance thereat, shall be paid by the county into the 
 treasury of such school district, and charged as part of the expense of supporting 
 the poor-house. Code, section 2249. 
 
 56. Unless the county superintendent finds it quite impracticable that a 
 school should be held, and releases the board, it is required by law to continue a 
 school regularly established. 
 
 57. If a board does not maintain a school and does not secure the release from 
 the county superintendent, then any one legally interested may apply to a court 
 for a writ to compel the board to perform its duty in the matter and to supply 
 school privileges. 
 
 58 The board may establish more than one school when necessary for the 
 accommodation of the 'children, subject to the limitations in section 2806. 
 
SCHOOL LAWS OP IOWA. 43 
 
 superintendent. [19 G. A., ch. 172, 21; 17 G. A., ch. 54; 15 G. A., 
 ch. 57; C.'73, 1724, 1727, 1769; R., 2023, 2037.] 
 
 SEC. 2774. Renting room instruction in other schools- 
 transportation of children. It may, when necessary, rent a room 
 and employ a teacher, where there are ten children for whose accom- 
 m Delation, there is no schoolhouse; and when the board is released 
 from its obligation to maintain a school, or when children live at an 
 unreasonable distance from their own school, the board may contract 
 with boards of other school townships or independent districts for 
 the instruction of children thus deprived of school advantages, in 
 any school therein, and the cost thereof shall be paid from the teach- 
 ers' fund. And when there will be a saving of expense, and children 
 will also thereby secure increased advantages, it may arrange with 
 any person outside the board for the transportation of any child to 
 and from school in the same or in another corporation, and such 
 expenses shall be paid from the contingent fund. [21 G. A., ch. 124; 
 16 G. A., ch. 109; C.73, 1725.] 
 
 SEC. 2775. Instruction as to stimulants, narcotics and 
 poisons. It shall require all teachers to give and all scholars to 
 receive instruction in physiology and hygiene, which study in every 
 division of the subject shall include the effects upon the human sys- 
 tem of alcoholic stimulants, narcotics and poisonous substances. 
 The instruction in this branch shall of its kind be as direct and spe- 
 cific as that given in other essential branches, and each scholar shall 
 
 59. The board has power to provide for a longer period of school than twenty- 
 four weeks. An additional school in a rented room continues during such time 
 as the board may determine. 
 
 60. Inequalities in the requirements may demand that varying prices should 
 be paid as wages for different schools. Decisions, 24. 
 
 61. The school year for school purposes should be regarded as beginning on 
 the third Monday in March, when a new board enters upon its duties. The year 
 for tjie reports closes in September. 
 
 62. All the youth of the state from five to twenty-one years of age, irrespective 
 of religion, race or nationality, are entitled to the same school facilities. While 
 schools may be graded according to the proficiency of pupils, no discrimination, 
 such for instance as requiring colored pupils to attend separate schools, can be 
 enforced. 24 Iowa, 266. 
 
 SECTION 2774. 1. The board cannot provide an extra school for the accom- 
 modation of a less number than ten persons of school age. Decisions, 34. 
 
 2. From the action of the board with regard to an additional school, an appeal 
 will lie. 
 
 3. If it is clearly shown to the county superintendent that the board abused 
 its discretion in providing or in refusing to provide such a school, he may on 
 appeal reverse its action, and do what the board might have done. 
 
 4. The board of scholars may not be paid by the district. 
 
 SECTION 2775. 1. This study must begin in the lowest primary class. In 
 what grade or class it shall be completed is to be determined by the board. 
 
 2. Primary classes must be instructed orally, as the children are not old enough 
 to use or comprehend a book. But this oral instruction must be outlined as a 
 course, and adopted by each board. 
 
 3. The portion assigned to each grade or class should be thoroughly mastered 
 before more advanced work is entered upon. 
 
 4. The work will be best accomplished with the older scholars by the use of a 
 suitable text-book, which it is the duty of every board to select and adopt. 
 
44 SCHOOL LAWS OF IOWA. 
 
 be required to complete the part of such study in his class or grade 
 before being advanced to the next higher, and before being credited 
 with having completed the study of the subject. [21 G. A., ch. 1.] 
 SEC. 2776. Higher schools union schools. It shall have 
 power to maintain in each district one or more schools of a higher 
 order, for the better instruction of all in the district prepared to 
 pursue such a course of study, and it may establish graded or union 
 schools and determine what branches shall be taught therein, but 
 
 5. The board may forbid the use of tobacco on the school grounds. 
 
 6. Teachers should be careful to give instruction in accordance with the spirit 
 of the law. The law contemplates that the noxious effects upon the system of the 
 user of any of the articles named shall be taught. 
 
 7. Many other harmful effects, very properly emphasized in public lectures, 
 are not required to be taught in the class room. 
 
 8. It is not out of place to emphasize the truth that total abstinence is the 
 only sure way to escape the evils arising from the use of alcoholic drinks and 
 tobacco. 
 
 9. The alarming increase of the cigarette habit calls for united and aggres- 
 sive action in removing from the growing boy as far as we can possibly do so, the 
 temptation and opportunity to purchase tobacco. In this way value will be added 
 to the instruction required to be given in all public schools as to the effects of 
 narcotics. 
 
 10 We urge upon all teachers to co-operate with the authorities and with all 
 other persons in creating and fostering a sentiment favoring a rigid enforcement 
 of the law regarding the sale or giving of tobacco to boys. Code, section 5005. 
 
 11 Every scholar must study physiology and hygiene, including the effects of 
 stimulants and narcotics, until the outline upon that branch, as prepared by the 
 board, has been completed. 
 
 12. The law does not mean that a scholar must necessarily study this branch 
 continuously during his entire school life, unless the course of study adopted by 
 the board so provides. 
 
 13. A board cannot shift the responsibility by simply providing that teachers 
 shall give instruction in this branch. It must see to it that the work is actually 
 done by the teachers, as the law requires. 
 
 14. To teach a special branch, a person may receive a certificate for that 
 study only, and is not required also to be examined as provided for teachers 
 in general. Section 2736. 
 
 15. County superintendents should know that every teacher is complying fully 
 with this statute, and any teacher failing or refusing to teach as required, may 
 not be permitted to continue in the work of teaching. Section 2737. 
 
 16. The proper remedy to secure an enforcement of these provisions, as of 
 other mandatory requirements, is application to a court of law for a writ of man- 
 damus. Code, section 4341. 
 
 SECTION 2776. 1. With its power to establish and maintain graded schools, 
 every board is invested with authority to prescribe a course of study in the differ- 
 ent branches to be taught. 
 
 2. A graded school, open to the older and more advanced scholars, may be 
 advantageously established at some central point in the district. 
 
 3. It is very desirable that boards, county superintendent, and teachers should 
 work together in efforts to classify and harmonize the work to be done in the 
 ungraded schools. Much may be accomplished by concert of action in carrying- 
 forward some uniform method of classification and instruction. 
 
 4. The electors may not limit or restrict the board to the adoption of a course 
 of study including only such branches as the electors may name. Nor may the 
 electors direct that a particular branch, or certain studies, shall not be taught. 
 
SCHOOL LAWS OF IOWA. 45 
 
 the course of study shall be subject to the approval of the superin- 
 tendent of public instruction; and it may select a person who shall 
 have general supervision of the schools in any district subject to the 
 control of the board. [C. 73, 1726; R., 2037.] 
 
 SEC. 2777. Kindergarten department. The board may estab- 
 lish within any independent school district, in connection with the 
 common schools, kindergarten departments for the instruction of 
 children, to be paid for ia the same manner as other grades and 
 departments. Any teacher in kindergartens shall hold a certificate 
 from the county superintendent certifying that the holder thereof 
 has been examined upon kindergarten principles and methods, and 
 is qualified to teach in kindergartens. [26 G. A., ch. 38.] 
 
 SEC. 2778. Contracts election of teachers. The board shall 
 carry into effect any instruction from the annual meeting upon mat- 
 ters within the control of the voters, and shall elect all teachers and 
 make all contracts necessary or proper for exercising the powers 
 
 It is the province of the board to decide what branches besides those named by 
 the electors, shall be included in the course of study and taught in the schools. 
 
 5. The best use of the term graded or union school is that referring to a group 
 of different schools or rooms containing scholars of varying ages and attainments, 
 but divided by rooms and classes into the sections in which each may do the best 
 work and gain for himself the greatest good. 
 
 SECTION 2777. It may well be doubted whether the board in any district 
 may provide for the instruction of children below the minimum school age. The 
 constitution of the state does not seem to contemplate that public money shall be 
 used to provide schooling for any below five years of age. 
 
 SECTION 2778. 1. The law requires the board to make all contracts necessary 
 to carry out any vote of the district, and the president to sign all contracts made 
 by the board. Section 2759. 
 
 2. It is the duty of the board to make contracts for the erection of school- 
 houses, when the means have been provided by the electors. 
 
 3. The electors frequently assume to exercise powers not granted them by the 
 law . They have only such powers as are specifically named in the law. 
 
 4. Boards should not involve the district in an indebtedness for the erection 
 of schoolhouses by contracts and the issue of orders to exceed the amount voted 
 by the electors, or of available schoolhouse funds. 
 
 5. School townships have no authority to issue bonds or other evidences of 
 indebtedness for the purpose of borrowing money. 
 
 6. Unappropriated schoolhouse funds may be disposed of by the electors, 
 under section 2749, for improvements, such as fencing schoolhouse sites, providing 
 wells, etc , or the same may be transferred to either the teachers' or contingent 
 fund, and the board is required to carry out the vote of the electors. 
 
 7. Any unappropriated schoolhouse fund in the district treasury may be used 
 for the erection or repair of schoolhouses, at the discretion of the board, without 
 action of the electors. 
 
 8. A lightning rod may be supplied as a part of a new house, and paid for 
 from the schoolhouse fund. 51 Iowa, 4^2. 
 
 9. The board may anticipate the levy and collection of schoolhouse taxes 
 already voted, and issue orders to build as directed by the electors. 51 Iowa, 102. 
 
 10. A vote may be rescinded, if matters have not become involved making 
 such reconsideration impossible, such as the acceptance of a contract under the 
 vote in question, or the filing of an appeal. 
 
 11. All teachers must be selected by the board and the responsibility of choos- 
 ing teachers may not be transferred to persons outside the board. 
 
46 SCHOOL LAWS OF IOWA. 
 
 granted and performing the duties required by law. Contracts with 
 teachers must be in writing, and shall state the length of time the 
 school is to be taught, the compensation per week of five school 
 days or month of four weeks, and such other matters as may be 
 
 12. If a director desires to teach the school in his own subdistrict, he should 
 resign as director. 
 
 13. Ordinarily the board should make contracts only for the year during 
 which it serves. 
 
 14. Contracts for teaching may be made by the board to extend beyond the 
 year, if the contracts are made in good faith and not for the purpose of forestall- 
 ing the action of its successors. 
 
 15. While instances may occur in which the interests of the district will be 
 subserved by making contracts with teachers and others, which will not expire 
 for months after a change of officers, courtesy as well as justice, dictates the 
 impropriety of making contracts the execution of which will embarrass successors 
 in office. 
 
 16. While we may not give any opinion upon a question involving the 
 validity of a contract, we advise that boards of directors do not make contracts 
 with teachers for a longer term than a single year. 
 
 17. The board should grant a compensation to be paid the teacher according 
 to the circumstances and requirements of each school. 
 
 18. Contracts must, in all cases, be made according to the instructions and 
 directions of the board, and after being made they should be reviewed by the 
 board before any work is done. 
 
 19. The teacher is entitled to a copy of the contract. This copy should be 
 signed by the president, and in all other respects should be a duplicate of the 
 original contract. 
 
 20. A board may not question nor discredit in any manner a valid certificate 
 held by a teacher, but any .board may require an additional examination or 
 demand proof of special attainments desired by it before engaging a teacher. 
 
 21. If the board adds extra branches to the course of study and expects them 
 to be taught, then the person desiring to contract as teacher must first secure from 
 the county superintendent a certificate for each of such additional branches. 
 
 22. To the branches directed by the electors to be taught, the board of any 
 district may add such other branches as it deems best to have taught. But before 
 attempting to give instruction in any branch the teacher must have a certificate 
 to teach such branch. 
 
 23. It is the duty of our school authorities to provide for schools having non- 
 English speaking scholars, the best instruction available, in order that all the 
 children may acquire rapidly a correct use of English, and become acquainted 
 as soon as possible, with the spirit and genius of our American institutions. 
 
 24. A court will be likely to hold that an oral agreement with a teacher is u 
 verbal contract, and that either of the parties may be compelled subsequently to 
 execute the written instrument. 
 
 2o. A court will be likely to hold that a contract to teach made with a mem- 
 ber of the board is in violation of law, contrary to public policy, and void. 
 
 26. There is no direct provision of law to prevent the hiring of a relative or 
 connection of a member of the board as teacher. 
 
 27. A contract violating the terms of the law is wholly illegal and void, unless 
 indeed the persons signing such contract expect to be held personally for its per- 
 formance. 37 Iowa, 314. 
 
 28. The law provides the manner in which a teacher may be discharged, and 
 the parties to the contract may not attempt to provide any other method of ter- 
 minating the contract. 82 Iowa, 686. 
 
SCHOOL LAWS OF IOWA. 47 
 
 agreed upon, signed by the president and teacher, and filed with the 
 secretary before the teacher commences to teach under such con- 
 tract. [22 G. A., ch. 60; 0.73, 1723, 1757; R., 2037, 2055.] 
 
 SEC. 2779. Erection or repair of schoolhouse. It shall not 
 erect a schoolhouse without first consulting with the county super- 
 intendent as to the most approved plan for such building and secur- 
 ing his approval of the plan submitted, nor shall any schoolhouse 
 be erected or repaired at a cost exceeding three hundred dollars 
 save under an express contract reduced to writing, and upon pro- 
 posals therefor, invited by advertisement for four weeks in some 
 newspaper published in the county in which the work is to be done, 
 
 29. Any person interested in having a verbal contract carried into execution 
 may apply to a court for a writ of mandamus to compel the signing of the written 
 contract. In this way all matters in controversy will be brought before a court 
 in such a manner as to secure a speedy and conclusive determination of the differ- 
 ent questions involved. 
 
 30. All matters agreed upon should be incorporated into the written contract. 
 The tendency of our courts is to presume that the Avritten contract embraces the 
 entire agreement of the parties. 52 Iowa, 130. 
 
 31. Without special mention in the teacher's contract, it is understood that 
 only the usual common branches and those included in the course of study for the 
 school, are expected to be taught. 
 
 32. The president should require the teacher to produce the certificate, which 
 he should carefully examine before signing the contract. 
 
 33. If it is desired that branches additional to those included in the certificate 
 had by the teacher shall be taught, such fact should be mentioned as a part of the 
 contract, and the teacher is required to have the certificate for such additional 
 branch or branches, before beginning to teach. 
 
 SECTION 2779. 1. Before making a contract great pains should be taken to 
 obtain the best possible plan for the building. On this point the law requires 
 consultation with the county superintendent. The .written' approval of the plan 
 by the county superintendent should be secured. 
 
 2. Contracts for the erection or repair of school houses, or for material for the 
 same,-exceeding $300, cannot be entered into until .proposals have been published 
 at least twenty-eight days. Repairs include furniture. 
 
 3. After the contract is executed, it should be changed with caution, or the 
 sureties may be released. 50 Iowa, 98. 
 
 4. Contracts made in violation of the terms of this section are illegal. Their 
 fulfillment may be prevented by injunction. 
 
 5. The local board of health has undoubted right to condemn and close for 
 use as a schoolhouse a building unfit for such purpose. Section 2568. 
 
 6. The district may not form a partnership in building a schoolhouse. But 
 this does not prevent receiving donations and granting privileges. 
 
 7. District property is exempt from general taxation, from execution, from 
 garnishment, and from mechanic's lien. 
 
 8. A schoolhouse, being public property, is not subject to execution and there- 
 fore is not subject to a mechanic's lien. 51 Iowa, 70. 
 
 9 A school township may not issue bonds to build. When a schoolhouse tax 
 has been voted, the board may anticipate its levy and collection and issue orders 
 to build. Such orders may not bear a higher rate of interest than six per cent. 50 
 Iowa, 102. Note 9 to section 2778. 
 
 10. In building a schoolhouse, it is important to secure plans of the building, 
 with full specifications as to its dimensions, style of architecture, number and size 
 of windows and doors, quality of materials to be used, what kind of roof, number 
 of coats of paint, of what material the foundation shall be constructed, its depth 
 
48 SCHOOL LAWS OF IOWA. 
 
 and the contract shall be let to the lowest responsible bidder, bonds 
 with sureties for the faithful performance of the contract being 
 required, but the board may reject any and all bids and advertise 
 fo new ones. [C. 73, 1723; R., g 2037.] 
 
 SEC. 2780. Allowance of claims settlements compensa- 
 tion of officers. It shall audit and allow all just claims against the 
 corporation, and no order shall be drawn upon the treasury until the 
 claim therefor has been audited and allowed; it shall from time to 
 time examine the accounts of the treasurer and make settlements 
 with him; shall present at each regular meeting of the electors a 
 full statement of the receipts had and expenditures made since the 
 
 below and its height above the surface of the ground, the number and style of 
 chimneys and flues, the provisions for ventilation, the number of coats of plaster- 
 ing and style of finish, and all other items in detail that may be deemed necessary. 
 The plans and specifications should be attached to the contract, and the whole 
 filed with the secretary. 
 
 11. When a schoolhouse is built or repaired under contract, the board should 
 not neglect to examine the work carefully in order to determine that the contract 
 has been fully complied with, before it directs the payment of money. 
 
 12. The aggregate amount to which the sureties are required to qualify is 
 double the amount of the bond required. Code, section 358. 
 
 13. As a rule it is unsuitable for a member of the board to become a surety 
 for an officer of the board, or to appear as surety upon any other bond which is to 
 receive the approval of the board. 
 
 14. The board is sole judge as to what constitutes the lowest responsible bid- 
 der. If the contract is regular in other respects, a court would not be likely to 
 interfere, although lower bids in amount were offered, and rejected by the board. 
 
 15. In case of failure to close the contract with the bid accepted under an 
 advertisement, if it is desired to make a new attempt to contract, it will be neces- 
 sary to advertise anew for bids. 
 
 SECTION 2780. 1. It is the duty of the board to examine all contracts for the 
 employment of teachers, the construction of schoolhouses, or for any other pur- 
 pose, and to see that the stipulations have been complied with, before directing 
 the payment of money thereon. 
 
 2. If the board audits a claim and directs orders drawn, the officers of the 
 board will be warranted in following the direction of the board, unless it is clearly 
 manifest that an attempt is being made to violate a plain provision of law. The 
 responsibility in such a case rests very largely with the board. 
 
 3. This section contemplates that a full report of the affairs of the district 
 shall be made by the board at each annual meeting of the electors. This work 
 appropriately devolves upon the secretary, unless the board designates otherwise. 
 When practicable the report may be published in a newspaper 
 
 4. An order issued on a claim which has not been audited and allowed is void. 
 39 Iowa, 490. 
 
 5. Only the secretary and the treasurer may receive compensation for the 
 discharge of duties required by law. 
 
 6 The evident conclusion derived is that no member of the board may legally 
 receive pay out of the funds of the district for any work done for the district in 
 any capacity whatever. 
 
 7. A court would be likely to hold a contract made with a member of the 
 board, to be in violation of the law, contrary to public policy, and void. 
 
 8. To pay any member of the board for the performance of official duties, is 
 in direct opposition to the law, and an open violation of the oath of office. For 
 locating sites, receiving buildings on the completion of contracts, or for any other 
 official duty, a member clearly cannot receive pay. 
 
SCHOOL LAWS OF IOWA. 49 
 
 preceding meeting, with such other information as may be consid- 
 ered important; and shall fix the compensation to be paid the secre- 
 tary and treasurer. But no member of the board shall receive com- 
 pensation for official services. [C. 73, 1732-3, 1738, 1813; R, 
 2037-8; C. '51, 1146, 1149.] 
 
 SEC. 2781. Financial statement. It shall publish in each 
 independent city or town district two weeks before the annual school 
 election, by one insertion in one or more newspapers, if any are pub- 
 lished in such district, or by posting up in writing in not less than 
 three conspicuous places in the district, a detailed and specific state- 
 ment of the receipts and disbursements of all funds expended for 
 school and building purposes for the year preceding such annual 
 election. And the said board of directors shall also at the same time 
 publish in detail an estimate of the several amounts which, in the 
 judgment of such board, are necessary to maintain the schools in 
 such district for the next succeeding school year. [C. 73, 1734-5, 
 1756; R., 2037, 2054; 0/51, 1147.] 
 
 SEC. 2782. Visiting schools regulations discharge of 
 teacher expulsion of scholar. It shall provide for visiting the 
 schools of the district by one or more of its members and aid the 
 
 9. If such a person desires to secure pay from the district there seems to be 
 no other way than for him to refuse to become a member of the board, or if a 
 member, to resign from the board. 
 
 10. It is not within the power of the electors to vote compensation or remun- 
 eration of any kind, to the members of the board or to officers of the board, for 
 their official services. Nor may the board vote compensation to any member. 
 
 11. The official trust of a member of the board may not be delegated. It is 
 apparent that as there is no way in which a member may receive compensation 
 for discharging official duties, he may not contract with another person to be paid 
 from the district funds for performing the same services, as a substitute for the 
 member of the board. 
 
 SECTION 2781. 1. This statement should show the total receipts and expend- 
 itures for each fund, followed by an estimate of the amount required for each 
 fund, to maintain the schools for the ensuing year. 
 
 2. The detailed and specific statement of the receipts and disbursements of all 
 funds expended, should be sufficiently itemized to show the amount received from 
 each separate source, also the amount expended for each particular purpose. 
 
 3. This statement is for the information of the electors, but they should not 
 vote upon the amount of tax to be levied for contingent and teachers' fund, as 
 these matters are determined by the board. Section 2806. 
 
 4. The board must have the statement published at least once in a newspaper, 
 if one is printed in the district. 
 
 5. The fee for printing the statement is fixed by law. Code, section 1293. 
 
 6. In preparing the annual statement for publication, minute details of all the 
 items need not be given. This would render it uselessly troub]esome to prepare, 
 and expensive to publish. Such general results and classified items as will enable 
 the electors fully to comprehend the proceedings of the board, are all that the law 
 requires. The statistics of the school may be added if the board thinks proper, 
 but the law does not require it. 
 
 SECTION 2782. 1. A conscientious compliance with the requirements regard- 
 ing visitation would greatly increase the efficiency of the schools. There are 
 very many things that may be best ascertained by visiting the school, inspecting 
 the work of the pupils, and conversing with the teacher. The teacher can accom- 
 plish the best results only when he is sure of hearty co-operation and support. 
 4 
 
50 SCHOOL LAWS OF IOWA. 
 
 teachers in the government thereof, and enforcing the rules and regu- 
 lations of the board. It may, by a majority vote, discharge any teacher 
 for incompetency, inattention to duty, partiality, or any good cause, 
 
 2. Boards have entire control over the public schools of their district and the 
 teachers employed therein. 
 
 3. Rules and regulations governing teachers and scholars may be adopted 
 and enforced by the board, as the best interests of the schools may seem to 
 require. Decisions, 15 and 32. 
 
 4. The force and effect of any motion adopted by the board does not terminate 
 with a change of officers or members, but remains in force until repealed. 35 
 Iowa, 361. 
 
 5. The teacher is the agent of the board, and rules made by him and enforced 
 with either formal or tacit consent, are in effect the rules of the board. 
 
 6. If it is understood that the principal of a school has charge of other rooms 
 besides his own, he has the same power in managing the children that is by law 
 given to other teachers. 
 
 7. The privilege of free instruction in the public schools is one conferred by 
 legislative enactment, under constitutional direction, and the privilege is subject 
 to legislative regulation. The right to attend school is not absolute, but is con- 
 ditional upon compliance with the rules and the essential conditions. 
 
 8. At present the element of compulsion as regards attendance at school is not 
 strong in our law. However, our courts hold that a board has power to require 
 such a reasonable attendance in regularity as will not interfere with the progress 
 of the school. 31 Iowa, 562 and 50 Iowa, 145. 
 
 9. The board may prescribe a course of study and determine in connection 
 with that course of study the time during the year in which certain specified 
 branches shall be pursued. This is a necessity in order to an economical division 
 of labor on the part of the teaching force, particularly in a large school. 
 
 10. The parent cannot expect that a class shall be formed whenever asked for 
 at any time in the school year, for the special accommodation of one or more to the 
 disadvantage of the many and to the detriment of the school. 
 
 11. It is quite necessary to carry out carefully a close plan of classification and 
 instruction, and to provide what time in the year certain classes shall begin the 
 study of the branches to be taught during that portion of the year. 
 
 12. A condition may exist when for a short time a board may be compelled to 
 provide by regulation that certain pupils shall attend only one-half of the day. 
 and others of the same grade the other half. But such arrangement could not be 
 regarded as a permanent one. 
 
 13. If a board attempts to do the very best it can within the law to overcome 
 the inconveniences surrounding it, leaving nothing undone which it might prop- 
 erly be expected to do, it is discharging the duty incumbent upon it to provide 
 equal school facilities for all. 
 
 14. It is within the power of a board to require the study of the common 
 branches, or of other elementary studies that are in the course of study adopted 
 by the board, before advancing the scholar to other more difficult subjects. 
 
 15. Scholars not able to carry the work of the classes being taught may yet be 
 allowed to attend the school and get what good they may from listening to the 
 work which is being done. In this way a child would not be absolutely excluded 
 from the school privileges guaranteed to him by the law. 
 
 16. If a child becomes the source of undue annoyance to others, although 
 through no fault of his own, he may, if absolutely necessary for the good of the 
 school, be forbidden attendance. 31 Iowa, 562, top of page 569. Note 58, below. 
 
 
SCHOOL LAWS OF IOWA. 51 
 
 after a full and fair investigation made at a meeting of the board 
 held for that purpose, at which the teacher shall be permitted to be 
 present and make defense, allowing him a reasonable time therefor. 
 
 17. On the other hand the spirit of our laws does not support an interference 
 with personal or individual rights except when such control or restriction may 
 become absolutely necessary in order to protect others in the enjoyment of the 
 rights guaranteed to them by the law. The true idea is to bring all of school age 
 within the salutary influence of the school and to keep them there if possible. 
 18. Undoubtedly the parent and teacher have joint control over the scholar 
 on his way to and from school. Unless the parent claims and exercises supreme 
 authority over the child, the board has control of him on the way between the 
 school and his home. It may thus often become possible for the scholar to come 
 within the control of the board as soon as he leaves home for school and continue 
 within such control until he again reaches the home of the parent. It is very 
 desirable that co-operation and a mutual desire to promote the best good of the 
 scholar should be sought by the parents and the school authorities. 
 
 19. It is the duty of the teacher, under the direction of the board, to deter- 
 mine what branches can best be pursued by each scholar. 
 
 20. Without special mention in the teacher's contract, it is understood that 
 only the usual common branches and those included in the course of study for the 
 school are expected to be taught. 
 
 21. If it is desired that higher arithmetic, or any other advanced study, shall 
 be taught in one or more schools in the district, the board should include such 
 branch in the course of study for such school or schools. 
 
 22. It is not within the province of individual persons to demand instruction 
 outside the branches usually taught. 
 
 23. Every scholar must study physiology and hygiene, including the effects 
 of stimulants and narcotics, until the outline upon that branch, as prepared by 
 the board, has been completed. Note 12 to section 2775. 
 
 24. It becomes the duty of every teacher to follow the plan of work indicated 
 in the course of study. When difficulties are met, if no other person has general 
 supervision, the matter may be brought to the attention of the board. 
 
 25. As regards classification, the board has absolute control. But as the 
 teacher is by common consent presumed to know what will be best for all, custom 
 has left to him the making of the program and the placing of scholars in the 
 proper classes. In doing this, however, he acts for the board, and any complaint 
 should not be made to the teacher, but to the board. 
 
 26. If a scholar is found to be so deficient in the common branches that he is 
 unable to take the work in a class more advanced, without detriment to the class 
 and to himself, it is plain that he may be classified in each branch where he is 
 likely to receive the greatest good. The penalty for not pursuing a suitable 
 course of study will be found in the fact that such scholars may be denied promo- 
 tion, and may not be allowed to graduate. 
 
 27. In connection with the course of study, the board should designate the 
 teaching helps and apparatus to be used, and should also arrange to furnish such 
 appliances as soon as they are needed. 
 
 28. The teacher may be held responsible for the efficient discharge of every 
 duty properly attached to his office, including the exercise of due diligence in the 
 oversight and preservation of school buildings, grounds, furniture, apparatus, 
 and other school property, as well as the more prominent work of instruction and 
 government. 
 
 29. Parties doing damage to school property are responsible for the same. 
 The teacher is bound to exercise reasonable care to protect and preserve school 
 property, and failing to do so may be held liable for damages. 
 
52 SCHOOL LAWS OP IOWA. 
 
 It may by a majority vote expel any scholar from school for 
 immorality or for a violation of the regulations or rules established 
 by the board, or when the presence of the scholar is detrimental 
 
 30. If the rules and regulations of the board do not provide otherwise the 
 teacher has the right in proper cases to inflict corporal punishment upon refrac- 
 tory scholars. In the proper exercise of his authority, to maintain good order, 
 and to require of all the scholars a faithful performance of their duties, the 
 teacher is entitled to the support and co-operation of the board. 
 
 31. In the choice of a kind of punishment and in the selection of an instru- 
 ment, as well as in determining the degree of punishment to be administered, the 
 teacher must exercise a sound discretion. 
 
 32. Corporal punishment is best reserved as a last resort and should be used 
 only when it is believed that no other gentler measure will secure the reforma- 
 tion, of the offender. Dismissal from school by the proper authority is a still more 
 extreme remedy than corporal punishment. 
 
 33. It is the duty of the board to see that schoolhouses are kept in repair, 
 clean, and in good order for school use. Neither the teacher nor the scholars 
 should be expected to scrub or wash out the schoolhouse. The light sweeping 
 of daily use is often done by them on their own motion, but this cannot be required 
 of the scholars, nor of the teacher unless she contracts to take special care of the 
 house in such respects. 
 
 34. A board should have a house cleaned as frequently as the house needs 
 such attention in order to keep it in good order for school use. No member of 
 the board may receive pay for such work, but any other person may be paid from 
 the contingent fund. 
 
 35. The law does not contemplate that janitor work shall be done by the 
 scholars and neither the teacher nor the board may require that a scholar shall 
 bring fuel into the school room. If a scholar has made unnecessary litter in the 
 school room or about his seat he maybe required as a punishment to sweep' up the 
 same. But this is quite another matter than doing the ordinary janitor work. 
 
 36. Making fires and sweeping the school room are not, properly, a part of the 
 teacher's duties. In rural districts teachers frequently perform this labor as a 
 matter of convenience and economy. Those unwilling to do this work, or who 
 expect to receive pay for it, should so stipulate when entering into the contract 
 to teach. Section 2778. Decisions, 26. 
 
 37. The board, for what seem good reasons, may order a short vacation. 
 But the term included in the contract cannot be shortened, without the consent 
 of both parties. Note 52, below. 
 
 38 It is lawful for a board to give teachers holidays and not deduct pay, and 
 quite usual. The teacher, however, may not claim it as a right. 
 
 39. If a teacher is at the schoolhouse at the proper time, and remains during 
 school hours, he is entitled to pay therefor, according to his contract, whether 
 scholars are present or not 
 
 40. As a rule it is highly undesirable to close a school on account of an epi- 
 demic. But if the local board of health, or the board of directors, closes a school 
 on account of the presence of a contagious disease, or for like reason, the teacher 
 is entitled to pay upon his contract. 
 
 41. When a school is closed for a short time, for causes beyond the control 
 of the teacher, the courts will be likely to hold that the teacher is entitled to his- 
 pay according to the terms of his contract. Such cases are best settled by 
 compromise between the parties. 
 
 42. If the schoolhouse is destroyed, or the school is closed indefinitely by 
 causes beyond the control of either party to the contract, the teacher being ready 
 to comply with his part, can collect pay according to contract. If said teacher- 
 
SCHOOL LAWS OF IOWA. 53 
 
 to the best interests of the school, and it may confer upon any 
 teacher, principal or superintendent the power temporarily to dis- 
 miss a scholar, notice of such dismissal being at once given in writ- 
 uses proper diligence to secure employment at something which he can do, and 
 secures such employment, the district will pay him the difference between the 
 amount received in his new work and the amount of his wages under the contract. 
 In other words, his actual loss should be made good. 
 
 43. Teachers are entitled to the support and co-operation of the board. It is 
 alike due to the dignity of the board and the rights of the teacher that no one 
 should be discharged except after thorough investigation and the clearest proof. 
 If possible the teacher should be shielded from the stigma of discharge. 
 
 44. In the trial of a teacher, when it is sought to dismiss him, all the pro- 
 visions of law must be strictly complied with. The board must allow the teacher 
 to make a full defense, and the teacher may appear by attorney, or otherwise, as 
 he chooses. 
 
 45 Boards may dismiss teachers only for good cause shown. In case the 
 board passes an order to dismiss, the material reason therefor should be spread 
 upon the record, for, while in case of contest, these reasons would not be con- 
 clusive against the teacher, the board would be estopped from presenting other 
 reasons than those named in the record. 
 
 46. When a teacher is unjustly dismissed, an appeal may be taken from the 
 action of the board in dismissing him, but a suit at law must be brought, if he 
 seeks to recover his pay upon the contract The teacher should be paid only to 
 the date of legal dismissal. 53 Iowa, 585 69 Northwestern Reporter, 419 
 
 47. The order of the board discharging or refusing to discharge a teacher is 
 more largely a discretionary than a judicial act. In this, as in other matters, the 
 very large discretionary powers of the board must be respected, and on appeal 
 their conclusion may not be questioned without the most convincing testimony. 
 
 48. The contract with a teacher may be terminated by discharge after the 
 investigation provided for in this section, by revocation of certificate, by compro- 
 mise, or by default of either party. 
 
 49. By universal consent, and certainly by the spirit of our school law, it is 
 expected of teachers that they refrain from improper language, keep the Sabbath 
 day with respect, and in every other way avoid practices or company that are 
 demoralizing in their tendencies. 
 
 50. This section provides the only manner in which a teacher may be dis- 
 charged, and the parties to the contract should not attempt to provide any other 
 method of terminating the contract. A discharge by any other method is wrong- 
 ful. 82 Iowa, 686, 
 
 51. The certificate being in the nature of a commission cannot be attacked 
 collaterally. 
 
 52. The obligations between the parties to a contract to teach are reciprocal. 
 A teacher would have good cause to complain if a board desired to remove her 
 because it had an opportunity to secure a better teacher. Yet in such a case if an 
 agreement could be made annulling the contract, such arrangement would be 
 legal. But the teacher may insist that the board keep its part of the contract in 
 the same spirit that she intends to keep hers. It would seem to be the same if it 
 is the teacher who desires to have the contract annulled. 
 
 53. The regulations of the state board of health require every person entering 
 any public school to give satisfactory evidence of protection by vaccination. Local 
 boards of health have the power to require protection in all schools, and of all 
 children, or even all persons within their jurisdiction. It is well established that 
 schools are among the most prolific sources of the spread of contagious diseases. 
 
54 SCHOOL LAWS OF IOWA. 
 
 ing to the president of the board. When a scholar is dismissed by 
 the teacher, principal or superintendent, as above provided, he may 
 be re-admitted by such teacher, principal or superintendent, but 
 
 54. The board should exclude children coming from houses where there are 
 contagious diseases, and should enforce the rule that children not vaccinated shall 
 not be admitted until they conform to the regulation demanding such protection. 
 
 55. The board has full control in all matters relating to the government and 
 welfare of the schools. A scholar subject to fits or spasms may be excluded from 
 school by the majority of the board if the presence of such scholar is thought to 
 interfere materially with the progress of the school. Any one aggrieved with 
 the exclusion of such scholar has the speedy remedy of application to a court 
 for his reinstatement. Note 16 to section 2782. 
 
 56. It is the duty of every board of directors to co-operate with the local board 
 of health in encouraging the vaccination of all school children not already pro- 
 tected by vaccination. The board of directors may not compel vaccination, but 
 the majority vote of the board will exclude from the schools any who will not 
 comply with such reasonable rule of the board of health. 
 
 57. The board will be justified in refusing to permit the attendance of a child 
 whose parent will not consent that the scholar shall obey the rules of the school. 
 31 Iowa, 562 and 50 Iowa, 145. 
 
 58. The right to attend school is not absolute, but is conditional upon compli- 
 ance with the rules and the essential conditions. 
 
 59. A board may not adopt a rule which will deprive a child of school privi- 
 leges, except as a punishment for breach of discipline or an offense against good 
 morals. 56. Iowa, 476. 
 
 60. Any rule of the school, not subversive of the rights of the children or par- 
 ents, or in conflict with humanity and the precepts of divine law, which tends to 
 advance the object of the law in establishing public schools, must be considered 
 reasonable and proper. 31 Iowa, 562. 
 
 61. It is competent for boards to provide by rules that pupils may be suspended 
 from the schools in case they shall be absent or tardy a certain number of times 
 within a fixed period, except for sickness or other unavoidable cause. 31 Iowa, 562. 
 
 62. The parent has no right to interfere with the order or progress of the 
 school by detaining his chiid at home, or by sending him at times that prove an 
 annoyance or hindrance to others. 31 Iowa, 562. 
 
 63. If the effects of acts done out of school hours reach within the school room 
 during school hours, and are detrimental to good order and the best interests of 
 the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 
 
 64. We believe our courts will sustain boards in recognizing flagrant offenses 
 having a direct and immediate tendency to injure the school, to bring contempt 
 upon the teacher, or to subvert the authority of the board, even though such 
 offenses may be committed away from the school grounds, and out of school hours. 
 And if boards find it necessary in their opinion, to adopt and enforce reasonable 
 regulations in such cases, we believe their action will not be interfered with. 
 
 65. The law does not provide that the board is compelled to give scholar or 
 parents notice or chance for defense, before ordering suspension or expulsion of the 
 scholar. The board has large discretionary powers. This is one of the matters 
 wholly within its discretion. But it would be well for the board carefully to 
 investigate the charges, before dismissing any scholar. Decisions, 32. 
 
 66. For good cause, a teacher may suspend without fixing the time, notice 
 being also at once given to the board. 
 
 67. Suspension is the separation of the scholar from the school for a limited 
 time, and it may be either for bad conduct, for unnecessary absence, or as a sani- 
 tary measure. 
 
SCHOOL LAWS OF IOWA. 55 
 
 when expelled by the board he may be re-admitted only by the board 
 or in the manner prescribed by it. [Same.] 
 
 SEC. 2783. Use of contingent fund free text-books. It 
 may provide and pay out of the contingent fund to insure school 
 property such sum as may be necessary, and may purchase diction- 
 
 68. The period of time fixed by the board during which suspension or expul- 
 sion shall be in force, should be clearly indicated in the vote of the majority of the 
 board, as spread upon the records. Conditions upon which earlier readmission 
 is provided for, may very properly be given in the same connection. 
 
 69. The true idea is to bring all within the salutary influence of the school, and 
 to drive none out, but cases sometimes occur in which it becomes necessary for the 
 board to protect the rights of the many by excluding a scholar whose presence 
 and example are a constant menace to the successful progress of the school. 
 
 70. The teacher has control over scholars during school hours, unless restricted 
 by a rule of the board. He may require a scholar to remain in his seat during 
 recess as a punishment. However, it is not wise to deprive children, to any great 
 extent, of the exercise necessary to their physical well-being. 
 
 71. The board has as full control over scholars during recess as at othor times 
 within the school hours fixed by the board. 
 
 72. A teacher may not detain a scholar after school hours, against the wish of 
 the parent. It is the presumption that the parent is entitled to the assistance and 
 company of the child, except during the time said child is actually within the 
 control of the school authorities for the purposes of instruction. 
 
 73. Teachers should exercise watchful care and oversight as regards the con- 
 duct and habits of their scholars, not only during school hours, recesses and 
 intermissions, but also within reasonable limits while they are coming to and 
 returning home from school. 
 
 74. For good cause, a teacher may excuse a scholar from school work without 
 fixing the time, and require him to leave the school premises, notice being also 
 at once given to the director or to the president of the board. 
 
 75. The teacher is responsible for the discipline of his school, and for the prog- 
 ress and deportment of his scholars. It is his imperative duty to maintain good 
 order and require of all a faithful performance of their duties. If he fails to do so 
 he is unfit for his position. To enable him to discharge these duties effectually, 
 he must necessarily have the power to enforce prompt obedience to his requests. 
 For this reason the law gives him the power, in proper cases, to inflict punish- 
 ment upon refractory scholars. Decisions, 15. 
 
 76. In applying correction, the teacher must exercise sound discretion and 
 judgment, and should choose a kind of punishment adapted not only to the offense, 
 but to the offender. Corporal punishment is a severe remedy, and its use should 
 be reserved for the baser faults. Decisions, 14. 
 
 77. In 50 Iowa, 145, the suggestion is made that expulsion by the board rather 
 than severe corporal punishment by the teacher, is a good remedy in case of 
 repeated and continuous violation of the rules. 
 
 78. In the school as in the family there exists on the part of the children the 
 obligation of obedience to lawful commands, subordination, civil deportment, 
 respect for the rights of others, and fidelity to duty. These obligations are inher- 
 ent in any proper school system, and constitute the common law of the school. 
 Every scholar is presumed to know this law, and be subject to it, whether it has 
 or has not been by the board placed in the form of written rules and regulations. 
 
 SECTION 2783. 1. This section confers upon all boards the right to insure 
 property. This duty should not be neglected. 
 
 2. Purchases of records, dictionaries, apparatus, and similar supplies for the 
 use of the district may not be made by contract under section 2824, but all such 
 articles will be bought under this section. Note 4 to section 2824. 
 
56 SCHOOL LAWS OF IOWA. 
 
 aries, library books, maps, charts and apparatus for the use of the 
 schools thereof to an amount not exceeding twenty-five dollars in 
 any one year for each school room under its charge; and may fur- 
 nish school books to indigent children when they are likely to be 
 deprived of the proper benefits of school unless so aided; and shall, 
 when directed by a vote of the district, purchase and loan books to 
 scholars, and shall provide by levy of contingent fund therefor. [26 
 G. A., ch. 37; 25 G. A., ch. 34; 21 G. A., ch. 107; 19 G. A., ch. 149, 
 1; C.73, 1729.] 
 
 SEC. 2784. Water-closets. It shall give special attention to 
 the matter of convenient water-closets or privies, and provide on 
 every schoolhouse site, not within an independent city or town dis- 
 trict, two separate buildings located at the farthest point from the 
 main entrance to the schoolhouse, and as far from each other as may 
 be, and keep them in wholesome condition and good repair. In inde- 
 pendent city or town districts, where it is inconvenient or undesirable 
 to erect two separate outhouses, several closets may be included 
 
 3. Secure provision should be made by the board for the usual necessary con- 
 tingent expenses of the schools during the year, before contingent fund is taken 
 to purchase any of the articles named in this section. Section 2768. 
 
 4. There can be no doubt that one of the purposes of the school is to teach 
 patriotism to the children. The board may use available contingent funds to 
 purchase a flag to be used as apparatus in the school room, on the school build- 
 ing, or upon the school grounds. 
 
 5. A purchase of apparatus made with the consent of the board when not in 
 session, is a direct violation of the law. A member of the board who does not 
 wish to become implicated in a transaction discreditable to the board and unprofit- 
 able to the district should refuse his consent to such an agreement. 
 
 6. Members of boards giving orders for apparatus in their individual capacity 
 assume personal responsibility and may thus render themselves liable for payment 
 as individuals. 
 
 7 . The members of a school board cannot, by a prearrangement or contract 
 entered into when not in session, bind themselves afterwards to ratify or confirm 
 contract or engagement thus entered into. The distinction here is that while 
 a board, in session, may ratify a contract made out of session, the members 
 cannot individually bind themselves to do so 
 
 8. These provisions afford all districts the opportunity to supply free books, 
 so that every child may continuously enjoy the privileges of school. It is believed 
 that if districts will take action in accordance with the spirit of the law, the per- 
 centage of attendance at school can be materially increased, and the usefulness 
 of our schools to all the children, greatly enhanced. 
 
 9. Much of the success of free text-books will depend upon the rules and 
 regulations adopted by the board to govern the use and care of such books. The 
 board should take more than the usual pains to adopt plain, comprehensive, and 
 effective rules for the guidance of all concerned. 
 
 SECTION 2784. 1. This provision of the law requiring it to take special pains 
 with regard to outbuildings is mandatory upon every board. A director may not 
 refuse to carry into effect instructions from the board with regard to such a mat- 
 ter And a board refusing to give attention to the subject risks a censure from a 
 court if its failure or refusal to provide proper facilities as regards privies or 
 water-closets is brought to the attention of a court Section 2822. 
 
 2 The last part of the section means that when separate water-closets out of 
 doors are included under one roof, then the fence to separate the approaches 
 shall be built in the form directed When outhouses are distinct and at a dis- 
 tance from each other, the law does not require the fence to be built. 
 
SCHOOL LAWS OF IOWA. 57 
 
 under one roof, and if outside the schoolhouse each shall be sepa- 
 rated from the other by a brick wall, double partition, or other solid 
 or continuous barrier, extending from the roof to the bottom of the 
 vault below, and the approaches to the outside doors for the two 
 sexes shall be separated by a substantial close fence not less than 
 seven feet high and thirty feet in length. [25 G. A., ch. 3.] 
 
 SEC. 2785. Duties of director contracts. The board of 
 directors of a school township may authorize the director of each 
 subdistrict, subject to its regulations, to make contracts for the pur- 
 chase of fuel, the repairing or furnishing of schoolhouses, and all 
 other matters necessary for the convenience and prosperity of the 
 schools in his subdistrict. Such contracts shall be binding upon the 
 school township only when approved by the president of the board, 
 and must be reported to the board. Each director shall, between 
 the first and tenth days of September in each year, prepare a list of 
 the heads of families in his subdistrict, the number and sex of all 
 
 3. Every teacher worthy of the name will see to it that this law is observed 
 in its spirit, and will call the attention of the board to any necessity for special 
 action on its part. In country districts it is highly desirable that the teacher 
 should carry the keys to the outbuildings, and should bestow no less of watchful 
 care upon them than is given to the schoolhouse itself 
 
 4. If any person wilfully write, make marks, or draw characters on the walls 
 or any other part of any church, college, academy, schoolhouse, court house or 
 other public building, or on any furniture, apparatus or fixtures therein; or wil- 
 fully injure or deface the same, or any wall or fence inclosing the same, he shall 
 be fined not exceeding one hundred dollars, or imprisoned in the county jail not 
 more than thirty days. Code, section 4802. 
 
 5. Very much depends upon teachers to determine the manner in which this 
 law is observed A listless indifference, a half-hearted activity, a want of confi- 
 dence, will defeat the purpose of the law for the time at least. Serious considera- 
 tion, a high-minded approbation of its intention, a courageous insistence upon its 
 observance, together with untiring attention and frequent inspection, will make 
 the law a continued success No conscientious teacher will be irresolute, when 
 the immeasurable interests involved are regarded. 
 
 6. Teachers should not hesitate to bring the case of persistent offenders to 
 the attention of the board. As a last resort it may become necessary for the 
 board to invoke the assistance of the peace officers. It sometimes happens that 
 nothing less than the strong arm of the civil authorities is able to compel a 
 respect for law, and a decent regard for the rights of others. No community 
 may justly claim to be a moral people, and knowingly fail to guard and preserve 
 the purity, the morals, and the health, of its children and youth. 
 
 SECTION 2785. 1. It is a general statement that nearly all the powers of the 
 director are to be exercised under the regulations of the board. Any person 
 about to contract is bound to know what restrictions have been made, and should 
 be governed accordingly. 
 
 2. The director is clothed with certain general powers by this section, but 
 these are to be exercised under the direction of the board. The board must 
 instruct him, for example, as to the extent of repairs, and prices paid for same, 
 and the amount and cost of fuel. 
 
 3. School officers are possessed of specially defined powers and should attempt 
 to exercise no others, except such as arise by fair implication from those granted. 
 
 4. No director has authority to make a contract in behalf of the school town- 
 ship, except under specific instructions of the board. 
 
 5. All contracts made by the director must be approved by the president and 
 reported to the board. 
 
58 SCHOOL LAWS OP IOWA. 
 
 children of school age, and by the fifteenth day of said month report 
 this list to the secretary of the school township, who shall make full 
 record thereof. The powers specified in this section cannot be exer- 
 cised by individual directors of independent districts. fC. '73, 
 1753-5; R., 2052-3; C. '51, 1124, 1142.] 
 
 SEC. 2786. Industrial exposition. The board of any school 
 corporation or the director of any subdistrict deeming it expedient 
 may, under the direction of the county superintendent, hold and 
 maintain an industrial exposition in connection with the schools of 
 such district, such exposition to consist in the exhibit of useful arti- 
 cles invented, made or raised by the pupils, by sample or otherwise, in 
 any of the departments of mechanics, manufacture, art, science, agri- 
 culture and the kitchen, such exposition to be held in the school 
 room, on a school day, as often as once during a term, and not oftener 
 than once a month, at which the pupils participating therein shall 
 be required to explain, demonstrate or present the kind and plan of 
 the articles exhibited, or give its method of culture; and work in 
 
 6. If a director intentionally violates law he becomes personally liable. 14 
 Iowa, 510; 17 Iowa, 155; 24 Iowa, 337, and 38 Iowa, 47. 
 
 7. If an agent makes a valid contract without authority, he is himself bound 
 thereby. 37 Iowa, 314. 
 
 8. It is a violation of law for a board to pay any member of the board for labor 
 as a building- committee, for attendance at meetings, or for any other service 
 performed for the district, whether official in character or not. Section 2780. 
 
 9. A member may not be employed by the board to oversee the building of a 
 schoolhouse and receive pay therefor, or to act in any like capacity for which he 
 would be paid from the funds of the district. Such engagement is contrary to 
 public policy and clearly illegal. 78 Iowa, 37, and 87 Iowa, 81. 
 
 10. It is the duty of the director to file any contract at once with the presi- 
 dent of the board, and secure his approval. 
 
 11. No director has power to bind the district by any contract, unless he is 
 authorized by the board to make such contract. A person making a contrad 
 without authority may become himself bound. The president may not lawfully 
 approve a contract unless it is made in accordance with all the limitations imposed. 
 
 12. The approval of the director's contract by the president is a mandatory 
 act, which he cannot refuse to perform, if the contract is made in compliance 
 with instructions from the board, and otherwise conforms to the law. 
 
 13. The record book correctly filled out will be of much assistance to the 
 director each year. Form 34. 
 
 14. Children at a state institution, pr a private school, should not be enumer- 
 ated, unless they actually reside in the subdistrict. 
 
 15. The failure of a director to make the report, as required by this section, 
 will reduce the semi-annual apportionments for the year, since they are made 
 upon the enumeration of persons of school age. Note 4 to section 2739. 
 
 16. In school townships the secretary should require every director to make 
 this report promptly, and should insist that it be made in writing, and certified 
 to be correct. 
 
 17. A wilful failure or refusal on the part of the director to make the report 
 to the secretary as required, may be found by the courts to be a misdemeanor. 
 Code, section 4904, and section 2822. 
 
 18. In case a director fails to make his annual report as required the secre- 
 tary should at once collect the statistics necessary for a complete report. The 
 board should insist on promptness in preparing this report, and then should give 
 the secretarv a suitable compensation for his labors. Sections 2764 and 2765. 
 
SCHOOL LAWS OF IOWA. 59 
 
 these several departments shall be encouraged, and patrons of the 
 school invited to be present at each exhibition. [15 G. A., ch. 64.] 
 
 SEC. 2787. Shade trees. The board of each school corporation 
 shall cause to be set out and properly protected twelve or more shade 
 trees on each schoolhouse site where such trees are not growing. 
 The county superintendent, in visiting the several schools of his 
 county, shall call the attention of any board neglecting to comply 
 with the requirements of this section to any failure to carry out its 
 provisions. [19 G. A., ch. 23.] 
 
 SEC. S788. Teacher qualifications. No person shall be 
 employed as a teacher in a common school which is to receive its 
 distributive share of the school fund without having a certificate of 
 qualification given by the county superintendent of the county in 
 which the school is situated, or a certificate or diploma issued by 
 some other officer duly authorized by law, and no compensation shall 
 be recovered by a teacher for services rendered while without such 
 certificate or diploma. [C. 73, 1758; R., 2062.] 
 
 SEC. 2789. Keep register report. Each teacher shall keep 
 a daily register which shall correctly exhibit the name or number 
 of the school, the district and county in which it is located, the day 
 of the week, month, year, and the name, age and attendance of 
 
 SECTION 2787. Trees should be set out on all schoolhouse sites where good, 
 thrifty shade trees are not already growing, whether such site was secured by 
 purchase, by lease, by gift, or by condemnation under sections 2814-2816. 
 
 SECTION 2788. 1. The teacher must have a certificate during the whole terni 
 of school. He is not authorized to teach a single day beyond the period named 
 in his certificate, nor to give instruction in any subject which he does not hold a 
 valid credential to teach. 
 
 2 If a person is teaching without a certificate any one interested in a legal 
 sense may apply to a court for a writ to prevent the board from continuing such 
 instruction, and to restrain the board from paying for the same. 
 
 3. A teacher's contract is sometimes binding though irregular in some 
 respect. A board should not have the benefit of the services of a teacher without 
 remunerating him. In some cases the board may be held personally liable to pay 
 the teacher. 
 
 4. In an Illinois case a certificate was not obtained until the middle of the 
 term. A new contract was entered into at that time to pay the teacher double 
 wages for the remainder of the term. This was considered an attempt to do 
 indirectly what there was no power to do directly, and therefore the contract was 
 held to be void, as was the original contract. 
 
 5. In case of the temporary absence of the teacher, from sickness or other 
 cause, the place should be supplied with some one duly authorized to teach. The 
 supply should be paid by the teacher whose place is filled. 
 
 6 In case a person is employed or continued as a teacher in violation of law 
 without a certificate, a resident of the district may sue out a writ of injunction 
 restraining the person from teaching and the district from paying. Boards 
 employing and paying such teachers are liable to prosecution under the provi- 
 sions of the general statutes for misapplication of funds Code, sections 4904- 
 4906 and section 2822. 
 
 SECTION 2789. 1. Every teacher should take great pains to keep the register 
 required by this section very carefully, in order that the term report may be made 
 out correctly. By doing so the secretary will be able to make his annual report 
 with greater ease, and with added accuracy. Form 35. 
 
 2. The board may authorise the president and the secretary to draw warrants 
 for the payment of teachers' salaries at the end of each school month, upon proper 
 
60 SCHOOL LAWS OF IOWA. 
 
 each scholar, and the branches taught; and when scholars reside 
 in different districts separate registers shall be kept for each dis- 
 trict, and a certified copy of the register shall immediately at the 
 close of the school be filed by the teacher in the office of the secre- 
 tary of the board. The teacher shall file with the county superin- 
 tendent such reports and in such manner as he may require. [C. 73, 
 1759-60; R., 2062. J 
 
 SEC. 2790. New township. When a new civil township is 
 formed, the same shall constitute a school township, which shall go 
 into effect on the first Monday in March following the completed 
 organization of the civil township. The notices of the first meeting 
 shall be given by the county superintendent, and at such meeting a 
 board of three directors shall be chosen. [C. '73, 1713.] 
 
 ^EC. 2791. Attaching territory to adjoining corporation. 
 In any case where, by reason of natural obstacles, any portion of 
 the inhabitants of any school corporation in the opinion of the 
 county superintendent cannot with reasonable facility attend school 
 
 evidence that the service has been performed, but the order for wages for the last 
 month should not be drawn until the report required by this section is filed in the 
 office of the secretary. Without this register he cannot prepare his annual report 
 as the law directs it to be made. The secretary should carefully examine the 
 register to see whether the record is complete in all respects. Form 36. 
 
 3. It is the duty of every board to see that the teachers comply strictly with 
 3.11 requirements made by the county superintendent, as well as with all rules 
 made by the board. Decisions, 54. 
 
 4. Every teacher in the county may be required to make such reports, agree- 
 ing with the spirit of the law, as the county superintendent may request, in such 
 form and at such reasonable times as the county superintendent may determine. 
 
 5. The continued refusal to comply with all uniform and reasonable regula- 
 tions made by the county superintendent, or by a board, on the part of any one 
 employed as teacher, constitutes good cause for revocation or subsequent refusal 
 of certificate, or for dismissal by the board. Sections 2737 and 2782. 
 
 SECTION 2790. 1. The design of the law is that civil and school township 
 boundaries shall coincide as far as possible. Code, sections 551-552 and section 
 2743. 
 
 2. A new school township is not organized until the March after an election of 
 officers for the civil township. 
 
 3. The boundaries of subdistricts lying wholly within the old or new school 
 townships are not affected by the division of civil townships. 
 
 4. When subdistricts are divided by changes in civil township boundaries, 
 the boards should incorporate the several parts with other subdistricts, or other- 
 wise provide for such territory, so that all entitled may vote at the following sub- 
 district election. In the absence of such action the territory properly belongs to 
 the subdistrict which it adjoins, and the voters shoald be allowed to vote therein. 
 
 SECTION 2791. 1. The natural obstacle muse be a large stream unbridged, an 
 impassable slough, the entire absence of a public highway, or some such natural 
 insurmountable difficulty. 
 
 2. Streams well bridged and distance are not natural obstacles in the contem- 
 plation of the law. 
 
 3. As the county superintendent has original concurrent jurisdiction, an appeal 
 cannot be taken from refusal by the board to accept the territory. Decisions, 44. 
 
 4. When the boundaries of districts are changed, the territory transferred 
 carries with it a just proportion of all assets and liabilities of the district from 
 which it is taken. Section 2802. 
 
SCHOOL LAWS OF IOWA. 61 
 
 in their own corporation, he shall, by a written order, in duplicate, 
 attach the part thus affected to an adjoining school corporation, the 
 board of the same consenting thereto, one copy of which order shall 
 be at once transmitted to the secretary of each corporation affected 
 thereby, who shall record the same and make the proper designation 
 on the plat of the corporation. Township or county lines shall not 
 be a bar to the operation of this section. [C. '73, 1797.] 
 
 SEC. 2792. Restoration. Where territory has been or may 
 hereafter be set off to an adjoining school township in the same or 
 another county, or attached for school purposes to an independent 
 district so situated, it may be restored to the territory to which it 
 geographically belongs upon the concurrence of the respective 
 boards of directors, and shall be so restored by said boards upon 
 the written application of two-thirds of the electors residing upon 
 the territory so set off or attached, together with a concurrence of the 
 county superintendent and the board of the school corporation which 
 is to receive back the territory. [19 G. A., ch. 160; 18 G. A., ch. 
 Ill; C. 73, 1798.] 
 
 SEC. 2793. Boundary lines changed. The boundary lines of 
 contiguous independent districts within the same civil township 
 may be changed by the concurrent action of the respective boards 
 of directors at their regular meetings in September, or at special 
 meetings thereafter called for that purpose. The independent dis- 
 trict from which territory is detached shall after the change contain 
 not less than four government sections of land, and its boundary 
 lines shall conform to the lines of congressional divisions of land. 
 [22 G. A., ch. 62, 1.] 
 
 SEC. 2794. Formation of independent district. Upon the 
 written petition of any ten voters of a city, town or village of over 
 one hundred residents to the board of the school township in which 
 the portion of the town plat having the largest number of voters is 
 situated, such board shall establish the boundaries of a proposed inde- 
 pendent . district, including therein all of the city, town or village, 
 
 SECTION 2792. 1 It will be noticed that two distinct and separate methods are 
 provided by this section. 
 
 2. The restoration may take effect at any time agreed upon, but if no agree- 
 ment is made, it will take effect the following March. 59 Iowa, 109. 
 
 3. When the boundaries of districts are changed, the territory transferred 
 carries with it a just proportion of all assets and liabilities of the district from 
 which it is taken. 58 Iowa, 77. Section 2802. 
 
 4. Where the law is mandatory in requiring a board to act upon a petition, 
 the remedy for its refusal to do so is mandamus, and not appeal. 86 Iowa, 669. 
 
 5. Any conflict between districts with regard to boundaries will be best deter- 
 mined by the one aggrieved asking a court to restrain the county treasurer from 
 paying taxes to the other district, on the ground that the district complaining is 
 entitled to receive said taxes. 69 Northwestern Reporter, 1009. 
 
 SECTION 2794. 1. The one hundred inhabitants must be contained within the 
 limits of the town or village. Additional territory should be secured by the 
 board in forming the new independent school district. Usually, territory equiva- 
 lent to about four to six government sections, will constitute a proper district. 
 
 2. An independent school district cannot be formed from a city, town or 
 village situated within an independent district, because no school township board 
 can establish the boundaries as required. 
 
 3. The last official census will, as a general rule, be sufficiently accurate to 
 determine questions relating to the population, but in case of doubt, the actual 
 
62 SCHOOL LAWS OP IOWA. 
 
 and also such contiguous territory as is authorized by a written 
 petition of a majority of the resident electors of the contiguous ter- 
 ritory proposed to be included in said district, in not smaller subdi- 
 visions than entire forties of land, in the same or any adjoining 
 school townships, as may best subserve the convenience of the 
 people for school purposes, and shall give the same notices of a 
 meeting as required in other cases, at which meeting all voters upon 
 the territory included within the contemplated independent district 
 shall be allowed to vote by ballot for or against such separate 
 organization. When it is proposed to include territory outside the 
 town, city or village, the voters residing upon such outside terri- 
 tory shall be entitled to vote separately upon the proposition for 
 the formation of such new district, by presenting a petition of at 
 least twenty-five per cent of the voters residing upon such outside 
 territory, and if a majority of the votes so cast is against including 
 such outside territory, then the proposed independent district shall 
 not be formed. [19 G. A., ch. 118, 1; 18 G. A., ch. 139; C. '73, 
 1800-1; R, 2097, 2105.] 
 
 SEC. 2795. Organization. If the proposition to establish an 
 independent district carries, then the same board shall give the 
 usual notice for a meeting to choose a board of directors. Two 
 directors shall be chosen to serve until the next annual meeting, two 
 
 existing facts govern, which may be ascertained by any reliable means. 77 Iowa, 
 676. Code, section 177. 
 
 4. The contemplated independent school district must include all of the city, 
 town or village, and may include as much contiguous territory as seems desirable. 
 It is not limited by subdistrict lines, but may include a part or all of two or more 
 subdistricts, in the same or in adjoining school townships. 
 
 5. When the boundaries extend beyond the limits of a town or city, they must 
 conform to lines of congressional divisions of land. Note 9 to section 2801. 
 
 6. The board of the school township in which a majority of the voters on the 
 town plat resides, may establish tne boundaries of said district without the con- 
 currence of any other board, even when said territory is taken from two or more 
 civil townships in the same or in adjoining counties. 
 
 7. The notices of the election to determine the question of a separate organi- 
 zation should state clearly the boundaries of the proposed district. 
 
 8. All of the electors residing within the proposed limits must be permitted 
 to vote on the question of separate organization. 
 
 9. The president and secretary of the school township should act as chairman 
 and secretary of this meeting, and with one of the board, as judges of the election. 
 
 10. The incorporation of a town does not in itself affect the school organiza- 
 tion of the district in which the town may be situated. 
 
 11. Town sites platted and unincorporated shall be known as villages. Code, 
 section 638. 
 
 SECTION 2795. 1. The first board will enter upon its duties as soon as quali- 
 fied and will organize by choosing a president and a secretary. The term of 
 office of the president will expire on the third Monday in the following. March, 
 that of the secretary, on the third Monday in the next September. A treasurer 
 to serve until the third Monday in the following March, will be chosen by the 
 electors at the time directors are chosen. 
 
 2. The secretary should immediately file with the county superintendent, 
 auditor and treasurer, each, a certificate, showing the officers of the board, and 
 their postoffice address. All subsequent changes made in the officers of the 
 board should be reported. Section 2766. 
 
 3. The secretary and treasurer must qualify within ten days. Section 2760. 
 
SCHOOL LAWS OF IOWA. 63 
 
 until the second, and one until the third annual meeting thereafter. 
 The board shall organize by the election of officers in the usual man 
 ner. [15 G. A., ch. 27; C.73, 1802; R., 2099, 2100, 2106-1 
 
 SEC. 2796. Taxes certified and levied. The organization oi 
 such independent district shall be effected on or before the first day 
 of August of the year in which it is attempted, and, when completed, 
 all taxes certified for the school township or townships of which the 
 independent district formed a part shall be void so far as the prop- 
 erty within the limits of the independent district is concerned, and the 
 board of such independent district shall fix the amount of all neces- 
 sary taxes for school purposes, including schoolhouse taxes, at a 
 meeting called for such purpose at any time before the third Monday 
 of August, which shall be certified to the board of supervisors on or 
 before the first Monday of September, and it shall levy said tax at 
 the same time and in the same manner that other school taxes are 
 required to be levied. [C.73, 1804.] 
 
 SEC. 2797. Rural independent districts. At any time before 
 the first day of August, upon the written request of one-third of the 
 legal voters in each subdistrict of any school township, the board 
 shall call a meeting of the voters of the subdistrict, giving at least 
 thirty days' notice thereof by posting three notices in each subdis- 
 trict in each school township, at which meeting the voters shall vote 
 by ballot for or against rural independent district organization. If 
 a majority of the votes cast in each subdistrict shall be favorable to 
 such independent organization, then each subdistrict shall become a 
 rural independent district, and the board of the school township shall 
 then call a meeting in each rural independent district for the choice 
 of three directors, to serve one, two and three years, respectively, 
 and the organization of the said rural independent district shall be 
 completed. [22 G. A., ch. 61.] 
 
 SEC. 2798. Subdivision of independent districts. Independ- 
 ent districts may subdivide for the purpose of forming two or more 
 
 4. All proceedings connected with the organization of the district should be 
 recorded by the secretaries in the records of the districts, so that the facts con- 
 cerning its formation and organization may be readily obtained, in case the 
 validity of the proceedings is ever questioned. 
 
 SECTION 2796. 1. This section is construed to mean that the organization 
 contemplated must be made between January first and the first of August. 
 
 2. When a new independent school district is organized as provided by this 
 section, the board has authority to determine and certify all necessary taxes, for 
 school purposes, for that year, including schoolhouse taxes. 
 
 3. An independent school district composed of territory from two or more 
 counties, belongs, for school purposes, to the county wherein most of the children 
 reside. A certificate should be issued by the superintendent of the county to 
 which it thus belongs, which certificate is valid for any school in the district. 
 
 SECTION 2797. 1. The vote upon the change may be taken at any time of 
 year, but the organization cannot be completed between August and January. 
 
 2. Unless each and every subdistrict in the school township gives a majority 
 vote favoring the change in form, the township remains a school township. 
 
 3. A single subdistrict may be organized independent only when a village, 
 town, or city is included. Section 2794. 
 
 4. When the new boards are organized, they should meet as soon as possible, 
 and make settlement of assets and liabilities, as directed by section 2802. 
 
 SECTION 2798. 1. The provisions of this section apply to all independent dis- 
 tricts and civil township lines are not a bar. 
 
64 SCHOOL LAWS OP IOWA. 
 
 independent districts, or have territory detached to be annexed with 
 other territory in the formation of an independent district or dis- 
 tricts, the board of directors of the original independent districts to 
 establish the boundaries of the districts thus formed, such new dis- 
 tricts to contain not less than four government sections of land each; 
 but in case a stream or other obstacle shall debar a number of chil- 
 dren of school privileges, an independent district may be thus organ- 
 ized containing less territory; or, if such new district shall include 
 within its territory a town or village with not less than one hundred 
 inhabitants, it may in like manner be made up of less territory; but 
 in neither case shall the new district contain less than two govern- 
 ment sections of land, nor be organized except on a majority vote of 
 the electors of each proposed district, and the proceedings for such 
 subdivision shall in all respects be like those provided in the section 
 relating to organizing cities and towns into independent districts, so 
 far as applicable. [18 G. A., ch. 131; 17 G. A., ch. 133, 1-4.] 
 
 SEC. 2799. Uniting independent districts. Independent 
 districts located contiguous to each other may unite and form one 
 and the same independent district in the manner following: At the 
 written request of any ten legal voters residing in each of said inde- 
 pendent districts, or, if there be not ten, then a majority of such 
 voters, their respective boards of directors shall require their secre- 
 taries to give at least ten days' notice of the time and place for a 
 meeting of the electors residing in each of such districts, by posting 
 written notices in at least five public places in each of said districts, 
 at which meeting the electors shall vote by ballot for or against a 
 consolidated organization of said independent districts, and, if a 
 majority of the votes cast at the election in each district shall be in 
 favor of uniting said districts, the secretaries shall give similar 
 notice of a meeting of the electors as provided for by la T /v for the 
 organization of independent districts including cities and towns. [22 
 G. A., ch. 63, 1; C. 73, 1811.] 
 
 SEC. 2800. Rural independent districts united into school 
 township. A township which has been divided into rural inde- 
 pendent districts may be erected into a school township by a vote of 
 the electors, to be taken upon the written request of one- third of the 
 
 2. The amount of territory cannot be less than an equivalent of four govern- 
 ment sections, unless the provisions of this section apply. 
 
 3. An independent district containing" territory amounting to less than eight 
 government sections may be divided into two independent districts, if an unbridged 
 stream or other obstacle prevents a considerable number of scholars from attend- 
 ing school, or if one portion contains a village of not less than one hundred inhab- 
 itants. The district so formed must contain territory amounting to not less than 
 two government sections, and a majority of the votes cast in each contemplated 
 district must be cast for the division. 
 
 4. When the required number of electors petition for such division the 
 board is compelled to call the election, but the organization cannot be completed 
 between August and January. 
 
 5. When an independent district is subdivided, the one of the districts not 
 formed in accordance with the exception made must have at least four sections. 
 
 SECTION 2800. 1. The electors of any civil township which has adopted the 
 rural independent school district organization, may vote upon the question of 
 returning to the school township organization. 
 
 2. The petition provided for in this section may be presented to the trustees 
 and the vote ordered at any time of the year. 
 
SCHOOL LAWS OF IOWA. 65 
 
 legal voters residing in such civil township. Upon presentation oi 
 such written request to the township trustees, they shall call a meet- 
 ing of the electors at the usual place or places of holding the town- 
 ship election, upon giving at least ten days' notice thereof by posting 
 three written notices in each rural independent district in the town- 
 ship, and by publication in a newspaper, if one be published in such 
 township, at which meeting the said electors shall vote by ballot for 
 or against a school township organization. If a majority of the votes 
 cast at such election be in favor of such organization, each rural 
 independent district shall become a subdistrict of the school town- 
 ship, and shall organize as such on the first Monday in March fol- 
 lowing by the election of a director, notice of which shall be given 
 as in other cases by the secretary of each of the rural independent 
 districts, and the directors so elected shall organize as a board of 
 directors of the school township on the third Monday in March fol- 
 lowing. [16 G. A., ch. 155; C. 73, 1815-20.] 
 
 SEC. 2801. Division of school township into subdistricts. 
 The board of any school township may by a vote of a majority of all 
 the members thereof, at the regular meeting in September, or at any 
 
 3. The meeting held to determine the question of school township organiza- 
 tion, is a township meeting; if the vote is in the affirmative, each and every 
 rural independent school district in the township becomes a subdistrict of the 
 school township. 
 
 4. The township trustees may act as judges of this election, but in their 
 absence the electors assembled may choose a chairman and one or two secretaries 
 to act as judges. 
 
 5. The board of each rural independent school district will continue to act 
 until the third Monday in March following the election, at which time a full 
 statement of all assets and liabilitias of the district should be reported to the 
 board of the school township when organized. 
 
 6. The first board of a school township formed from a township organized as 
 a single rural independent school district, will consist of three directors, elected 
 by the whole township. Section 2752. If this board chooses to subdivide the 
 district, it may do so. Section 2801. Or it may allow the school township to 
 remain a single subdistrict, a plan having very many excellent advantages. 
 
 7. The school township meeting is held on the second Monday in March, 
 to vote the necessary schoolhouse taxes, as provided in section 2749. 
 
 8. Between the time of the election provided for and the third Monday in 
 March following, the boards of the several rural independent school districts have 
 authority to perform all necessary acts relating to the affairs of their districts, 
 but they cannot incur any indebtedness, nor make any contracts, except such as 
 may be necessary to maintain the usual schools of their districts. 
 
 9. Upon the organization of the school township, the secretary should file 
 with the county auditor and treasurer a certified plat of the district, and report 
 to the county superintendent, auditor, and treasurer, the name and address of 
 each officer of the new board. Section 2766. 
 
 10. The school township receives all the assets and assumes all the liabilities 
 of the several rural independent school districts. In case a rural independent 
 school district has issued bonds, or otherwise incurred an indebtedness, for the 
 erection of a schoolhouse, the board of the school township has authority to 
 apportion schoolhouse taxes for the payment of such indebtedness, from time to 
 time, as justice and equity may require. 
 
 SECTION 2801. 1. All changes in subdistrict boundaries must be made in 
 strict conformity with this section. 
 5 
 
66 SCHOOL LAWS OF IOWA. 
 
 special meeting called thereafter for that purpose, divide the school 
 township into subdistricts such as justice, equity and the interests 
 of the people require, and may make such alterations of the bound- 
 aries of subdistricts heretofore formed as may be deemed necessary, 
 and shall designate such subdistricts and all subsequent alterations 
 in a distinct and legible manner upon a plat of the school township 
 provided for that purpose, and shall cause a written description of 
 the same to be recorded in the records of the school township, a copy 
 of which shall be delivered by the secretary to the county treasurer 
 and also to the county auditor, who shall record the same in his 
 office. The boundaries of subdistricts shall conform to the lines of 
 congressional divisions of land, and the formation or alteration of 
 subdistricts as contemplated in this section shall not take effect until 
 the first Monday in March thereafter, at which time a director shall 
 be elected for any subdistrict newly formed. [21 G. A., ch. 124; 16 
 G. A., ch. 109; C. 73, 1725, 1738, 1796; R., 2038.] 
 
 SEC. 2802. Changes of boundaries division of assets and 
 liabilities. When any changes are made in the boundaries of any 
 school corporations, the boards of directors in office at the time shall 
 continue to act until the next regular school election, when the new 
 
 2. Subdistrict boundaries can be changed only by affirmative vote of a 
 majority of all the members of the board. 
 
 3. While this section provides that boards may change subdistrict boundaries 
 at the regular meeting in September, or at a special meeting called for that pur- 
 pose, it must be understood that such change cannot be made so late as to prevent 
 the notices of election from being given at least five days previous to the subdis- 
 trict elections, as required by section 2751. Decisions, 49. 
 
 4. When new civil townships are formed, the corresponding changes in school 
 township boundaries take effect at the next subdistrict election. Section 2790. 
 
 5. All territory must be included within some school district, and all of a 
 school township must be included in some subdistrict. Decisions, 28. 
 
 6. A subdistrict is not a corporate body and has no financial claims, nor can 
 it be held liable for debts, except as a part of the school township. Decisions, 11. 
 
 7. The board may discontinue or abolish a subdistrict by a readjustment of 
 boundaries, taking effect in March following. 
 
 8. It is especially important that the county auditor and treasurer be officially 
 notified by the secretary, whenever any changes are made in district boundaries, 
 by the formation of independent districts and otherwise, to enable these officers 
 to perform their duties in the levy of taxes, and the apportionment and disburse, 
 ment of school funds. 
 
 9. By congressional divisions of land is meant those divisions authorized by 
 congress in government surveys, of which the smallest is, in general, one-sixteenth 
 of a section, or a tract of forty acres in a square form. Government lines, how- 
 ever, sometimes meander along streams and other bodies of water, and divisions 
 of land are thus formed of less than forty acres. Decisions, 28. 
 
 10. There is nothing in the law fixing the number of school age necessary for 
 a new subdistrict, nor is the exact amount of territory to be included determined 
 by the law. 
 
 SECTION 2802. 1. Assets include schoolhouses, sites, and all other property 
 and moneys belonging to the district. Liabilities include all debts for which the 
 district in its corporate capacity is liable. In determining the assets, school prop- 
 erty should be estimated at its present cash value. 
 
 2. It is presumed that the teachers' fund and contingent fund have been 
 expended equitably. The division of assets will therefore relate to the school- 
 house and other property, moneys in all funds on hand, and taxes uncollected. 
 
SCHOOL LAWS OF IOWA. 67 
 
 corporations shall organize by the election of directors in accordance 
 with the new boundaries, whereupon the new boards shall make an 
 equitable division of all assets and liabilities of the corporations 
 affected; and, if they cannot agree, the matters upon which they 
 differ shall be decided by disinterested arbitrators, one selected by 
 each board having an interest therein, and if the number thus selected 
 is even then one shall be added by the county superintendent, and 
 
 3. Each fund should be divided in proportion to the last assessed value of the 
 property, real and personal. Any portion of the teachers' fund derived from the 
 semi-annual apportionment, should be divided in proportion to the number of per- 
 sons between five and twenty-one years, according to the last enumeration. 
 
 4 Schoolhouses will usually become the property of the district in which they 
 are situated. If their value exceeds the amount justly due that district, and there 
 is not sufficient schoolhouse fund on hand to equalize the division, the boards 
 should fix the amount each district should receive or pay. 
 
 5. An equitable arrangement mutually satisfactory to the parties in interest 
 will be in accordance with the intent of the law. Any agreement should be 
 reduced to writing, and entered in the records of each district. 
 
 6. The districts, after the division, which do not receive their just proportion 
 of schoolhouse property, have a claim against those that do obtain more than 
 a due share. The last are indebted to the first in the difference. 36 Iowa, 216. 
 
 7. A simple and just method to dispose of unpaid and delinquent taxes, also 
 of all funds in the hands of the county treasurer, is to direct the payment of these 
 funds in such manner that taxes derived from any part of the territory shall be 
 paid to the district to which such territory will then belong. 
 
 8. If money is received which belongs to another, the rule is a general one 
 that the law implies a promise on the part of the receiver to pay it over. Based 
 upon this promise an action may be maintained for its recovery. 11 Iowa, 506 and 
 80 Iowa, 495. 
 
 9. Any conflict between districts with regard to boundaries will be best deter- 
 mined by the one aggrieved asking a court to restrain the county treasurer from 
 paying taxes to the other district, on the ground that the district complaining is 
 entitled to receive said taxes. 
 
 10. Section 2793 provides for change of boundaries between adjoining inde- 
 pendent districts in the same civil township. 
 
 11. If the boundary between an independent school district and school town- 
 ship is the line of the civil township, it cannot be changed. If the independ- 
 ent school district includes a portion of a civil township the remainder of 
 which is a school township, the boundary between the districts may be changed. 
 
 12. Where a change of boundaries between districts is desired, and one of the 
 boards acts favorably, a petition may be presented to the other board to concur 
 in that action, although it formerly may have refused to grant a similar petition. 
 From the action of the latter board upon the request an appeal may be taken. 
 
 13. No appeal can be taken from an action cf the board taking the initiatory 
 step, while it requires the concurrence of another board to complete the action. 
 The concurrence or refusal of the second board is the order from which an appeal 
 may be taken. Decisions, 46 and 57. 
 
 14. When an appeal is taken from the proper board, the county superintend- 
 ent must affirm the action of one board or tne other, but cannot himself modify 
 the action of the board acting first. Decisions, 57. 
 
 15. Territory transferred from one district to another carries with it an equi- 
 t/able proportion of the assets and liabilities of the district from which it is taken, 
 the district accepting it becoming responsible for such liabilities. 
 
 16. It is not material which board takes the first action with regard to the 
 transfer of territory. Usually it is desirable to secure the action of the board 
 
68 SCHOOL LAWS OF IOWA. 
 
 the decision of the arbitrators shall be made in writing, either 
 party having the right to appeal therefrom to the district court. TO 
 73, 1715.] 
 
 SEC. 2803. Attending school in another corporation. A 
 child residing in one corporation may attend school in another in 
 the same or adjoining county if the two boards so agree. In case 
 no such agreement is made, the county superintendent of the county 
 in which the child resides and the board of such adjoining corpora- 
 tion may consent to such attendance, if the child resides nearer a 
 schoolhouse in the adjoining corporation and one and one-half miles 
 or more from any public school in the corporation of his residence. 
 But before granting such consent the county superintendent shall 
 give notice to the board where the child resides and hear objections, 
 if any. In case such consent is given, the board of the district of 
 the child's residence shall be notified thereof in writing, and shall 
 
 with regard to which there is no doubt, and afterward to endeavor to induce the 
 other board to take the same action. If the board last acting takes an action dif- 
 ferent in kind it may be regarded as initiating a new order, which in turn must 
 go to the other board for adoption or rejection. 
 
 17. An appeal to the county superintendent will not lie from the joint action 
 of boards in making a settlement of assets and liabilities. Decisions, 80. 
 
 SECTION 2803. 1. This section grants to all boards the power to agree upon 
 terms of attendance. Such agreement should name the amount to be paid, if any, 
 the time during which the stipulation shall be in force, and other matters. 
 
 2. If scholars reside more than one and one-half miles from a school in their 
 own district and nearer to a school in another district, which they desire to 
 attend, application should first be made to both boards of directors; if the boards 
 refuse to enter into an agreement, they may attend school in such district with 
 the consent of the board of the district where they desire to attend and of the 
 county superintendent of the county in which the children reside. 
 
 3. This section applies to districts in the same or in other civil townships. 
 
 4. What is sought by the law is to supply to every child advantages equal as 
 nearly as possible with those afforded to the average child. 
 
 5. The distance should, in all cases, be computed by the nearest public road. 
 
 6. If scholars live nearer to a school in their own district, or less than one 
 and one-half miles of one, they can attend school in another district at the expense 
 of their own district, only by an agreement of both boards. 
 
 7. In no case may scholars attend school in a district in which they do not 
 reside, without the consent of the board thereof. Section 2774. 
 
 8. The first three lines give the boards power to agree upon terms of attend- 
 ance, without regard to the distance in the case. But advantage may not be taken 
 of the remainder of the section, unless all the provisions enumerated are fulfilled. 
 
 9. In determining distances between schools the measurement must be made 
 by the nearest public highway to each school. And if the person lives off the 
 highway, the distance should be computed by the nearest and most accessible 
 private way as usually traveled from the residence to the highway. 
 
 10. What is sought to be determined is the actual distance necessary to be 
 traveled by the scholar. It may therefore- sometimes be required to measure 
 from the door of the home of the scholar to the door of the schoolhouse, in order 
 to ascertain definitely the actual distance from .school. 
 
 11. There is no provision by which the board of children may be paid. 
 
 12. In giving or withholding his consent, the county superintendent should 
 consider all the circumstances, and when he has concurred or refused to concur, 
 the matter is concluded for that time, as no appeal will lie. 
 
SCHOOL LAWS OF IOWA. 69 
 
 pay to the other district the average tuition per week and an average 
 proportion of contingent expenses for the school or room thereof in 
 which such child attends. If payment is refused or neglected, the 
 board of the creditor corporation shall file an account thereof certi- 
 fied by its president with the auditor of the county of the child's 
 residence, who shall, at the time of the making of the next semi- 
 annual apportionment, deduct the amount from the sum apportioned 
 to the debtor district and cause it to be paid to the corporation enti- 
 tled thereto. [17 G. A., ch. 41; 16 G. A., ch. 64; 0.73, 1793; R., 
 2024; C.'51, 1143.] 
 
 SEC. 2804. Scliool age nonresidents. Persons between five 
 and twenty-one years of age shall be of school age. Nonresident 
 children and those sojourning temporarily in any school corporation 
 
 13. The position of the county superintendent is somewhat similar to that of 
 a disinterested arbitrator between the two boards. He should confer with both 
 boards if possible, and should take into account all the conditions of the case. 
 
 14. If there is little difference in the distance, or if the schoolhouse of the 
 scholar is only slightly in excess of a mile and a half, then the county superintend- 
 ent should hesitate to concur, especially if it will weaken the funds or diminish 
 the attendance at the home school so as unduly to impair its success. 
 
 15. The action of the board where the children desire to attend and of the 
 county superintendent is a concurrent one. The two parties are thus supposed 
 to have equal discretionary powers, and there is no appeal from concurrent action 
 or from the refusal of either to concur. 
 
 16. Collection of tuition cannot be made by appeal to the county superintend- 
 ent, but questions in controversy must be settled through the courts. 
 
 17. The notice referred to cannot be said to be officially transmitted unless 
 signed by both the president and secretary. Payment for attendance can be col- 
 lected from the district where the children reside, only from the date of such 
 notice. Form 37. 
 
 18. This notice holds only for the term, or such time as the county superin- 
 tendent and board name in their written concurrent agreement. 
 
 19. Depositing a letter in a postoffice without further proof that such letter 
 reached the party addressed, is not a legal notice as required to secure payment 
 of tuition. Code, section 3531. 
 
 20. The average proportion of tuition and contingent expenses for any number 
 of scholars is found by dividing the amount expended for these purposes in the 
 school where they have attended, by the total attendance in days, and multiply- 
 ing the quotient by the number of days said scholars have attended. 
 
 21. When scholars attend a graded school, the average tuition should be com- 
 puted on the basis of the expense of each pupil in the grade or room in which 
 such scholars are placed; the average expense of contingent fund may be computed 
 as a part of the whole contingent expense of such school. 
 
 22. Any other action than compliance with the absolute and explicit terms of 
 the law, will render the collection of tuition difficult and in most cases impossible. 
 Decisions, 44. 
 
 23. The provisions of this section are the result of a long experience in this 
 state with regard to the matter of attendance. As a general provision, the law is 
 very equitable and gives almost universal satisfaction. 
 
 SECTION 2804. 1. Children under five years of age will be more injured by 
 the confinement than benefited by the instruction. They cannot claim the advan- 
 tages of the school, and should not be allowed to attend. 
 
 2. A child under the minimum legal school age of five years may not be 
 admitted to receive instruction even upon the payment of tuition. 
 
70 SCHOOL LAWS OF IOWA. 
 
 may attend school therein upon such terms as the board may deter- 
 mine. The parent or guardian whose child or ward attends school 
 in any independent district of which he is not a resident shall be 
 allowed to deduct the amount of school tax paid by him in said dis- 
 trict from the amount of the tuition required to be paid. [C. 73. 
 1795.] 
 
 SEC. 2805. Bible not excluded. The bible shall not be 
 excluded from any public school or institution in the state, nor shall 
 
 3. Persons over twenty-one years of age are not entitled to the benefits of the 
 public schools. 
 
 4. The board must be satisfied that the residence of the scholar in the district 
 is actual before allowing free attendance. 
 
 5. In determining whether a person is entitled to attendance free of tuition, 
 the board may take any impartial method of deciding the question. Decisions, 
 67 and 78. 
 
 6. Persons may be required to satisfy the board that residence is actual,. 
 before being admitted to free attendance. 
 
 7. Any one aggrieved by the order of the board admitting, or refusing to 
 admit, a scholar, has the remedy of appeal, or of application at once to a court. 
 
 8. Paying school taxes does not entitle nonresidents to school privileges. 
 SECTION 2805. 1. Our common schools are maintained at public expense, and 
 
 the law contemplates that they shall be equally free to persons of every faith. A 
 very suitable devotional exercise consists in the teacher reading a portion of 
 scripture without comment, and the repetition of the Lord's prayer. 
 
 2. Neither the board nor the electors may direct the teacher to follow a given 
 course in respect to the reading of the bible in school. Each teacher will be 
 guided by his own good judgment, and the wishes of his patrons may properly 
 have weight in aiding him to determine his action. 
 
 3. It is a matter of individual option with school teachers as to whether they 
 will read the bible in school or not, such option being restricted only by the pre- 
 vision that no child shall be required to read it contrary to the wishes of his 
 parent or guardian, and such provision is not unconstitutional. 64 Iowa, 367. 
 
 4. While moral instruction should be given in every school, neither this sec- 
 tion nor the spirit of our constitution and laws will permit a teacher or board to 
 enforce a regulation in regard to religious exercises, which will wound the con- 
 science of any, and no scholar can be required to conform to any particular mode 
 of worship. 64 Iowa, 367. 
 
 5. Moral instruction tending to impress upon the minds of pupils the impor- 
 tance of truthfulness, temperance, purity, public spirit, patriotism, and respect 
 for honest labor, obedience to parents and due deference for old age, shall be given 
 by every teacher in the public schools. School Laws of North Dakota, 1896. 
 
 6. The law intends that the public schools of the state shall be absolutely free 
 from any sectarian or denominational bias. The teaching of any peculiar relig- 
 ious doctrine or creed, or the use of any book prepared for the purpose of incul- 
 cating such doctrine or creed, is strictly forbidden by the spirit of our law, and 
 cannot be justified or allowed in any case. 
 
 7. If a teacher gives religious instruction or teaches in the interest of any 
 church or denomination, the board may be prevented from continuing or sanc- 
 tioning such instruction, by injunction from the courts, and having ordered or 
 countenanced this instruction, may be prevented in the same manner from paying 
 such teacher from the public school funds. 
 
 8. The diversion of the school fund in any form or to any extent for the sup- 
 port of sectarian or private schools is inadmissible and clearly in violation of our 
 laws. 59 Iowa, 70. 
 
SCHOOL LAWS OF IOWA. 71 
 
 any child be required to read it contrary to the wishes of his parent 
 or guardian. [C. 73, 1764; R., 2119.] 
 
 SEC. 2806. School taxes. The board of each school corpora- 
 tion shall at its regular meeting in March, or at a special meeting 
 called for that purpose between the time designated for such regulai 
 meeting and the third Monday in May, estimate the amount required 
 for the contingent fund, not exceeding five dollars for each person 
 of school age, but each school corporation may estimate not exceed- 
 ing seventy -five dollars for each school thereof; and also such addi- 
 tional sum as may be authorized in the chapter on uniformity of text- 
 books; also such sum as maybe required for the teachers' fund, 
 which , including the amount received from the semi-annual apportion- 
 ment, shall not exceed fifteen dollars for each person of school age 
 therein, but each corporation may estimate not exceeding two hun- 
 dred and seventy dollars, including such apportionment, for each 
 regular school therein. No tax shall be estimated by the board 
 after the third Monday in May in each year. School corporations 
 containing territory in adjoining counties may vote and estimate all 
 
 9. Public money shall not be appropriated, given or loaned by the corporate 
 authorities of any county or township, to or in favor of any institution, school, 
 association or object which is under ecclesiastical or sectarian management or 
 control. Code, section 593. 
 
 SECTION 2806. 1. This section requires boards to certify the specific sums 
 necessary to be raised for teachers' and contingent fund to the board of super- 
 visors, whose duty it is to estimate and levy the percentum necessary to raise the 
 amounts so certified. 
 
 2. A tax voted after the third Monday in May is void. This renders it essen- 
 tial that boards certify taxes within the required time. 73 Iowa, 304. 
 
 3. It is the rule that schoolhouse funds must be voted by the electors. Excep- 
 tions, sections 2796, 2767, 2813 and 3973. 
 
 4. It is wholly within the discretion of the board of directors to determine the 
 amounts required for the contingent and teachers' funds. 41 Iowa, 153. Any 
 vote of the electors with reference to these amounts is only suggestive, and is not 
 at all binding. 
 
 5. If a board thinks* best to build a cave it may certify contingent fund for 
 that purpose. 
 
 6. This section limits the amount which may be levied for any one year, to 
 fifteen dollars per scholar for teachers' fund and five dollars per scholar for con- 
 tingent fund, but authorizes the levy of seventy-five dollars for contingent, and 
 two hundred and seventy dollars for teachers' fund for each regular school, even 
 if the levy thereby exceeds five and fifteen dollars per scholar, for these funds. 
 
 7. If the amount of schoolhouse tax voted and certified by the board of 
 directors in any year exceeds the limit which the board of supervisors is allowed 
 to levy under the provisions of this section, it is the duty of the board of directors 
 to certify the amount of the deficiency from year to year until the whole amount 
 is levied. 
 
 8. The teachers' and contingent funds are not to be apportioned among the 
 subdistricts, but levied uniformly on the taxable property of the school township. 
 
 9. Districts formed from territory lying in adjoining counties, may vote and 
 certify to the respective boards of supervisors the number of mills on the dollar 
 required to raise the necessary school taxes. 
 
 10. All schoolhouse taxes must be voted either by the district or by the sub- 
 district voters. Sections 2749, 2750 and 2753. When voted they must in all cases 
 be certified to the board of supervisors. Decisions, 32. 
 
72 SCHOOL LAWS OF IOWA. 
 
 taxes for school purposes in mills. The board shall apportion any 
 tax voted by the annual meeting for schoolhouse fund among the 
 several subdistricts in such a manner as justice and equity may 
 require, taking as the basis of such apportionment the respective 
 amounts previously levied upon said subdistricts for the use of such 
 fund. [15 G. A., ch. 67, 1; C.73, 1738, 1777-8, 1780; E., 
 2033-4, 2037-44, 2088.] 
 
 SEC. 2807. Levy by board of supervisors. The board of 
 supervisors shall at the time of levying taxes for county purposes 
 levy the taxes necessary to raise the various funds authorized by 
 law and certified to it under this chapter, but if the amount certified 
 for any such lund is in excess of the amount authorized by law it 
 shall levy only so much thereof as is authorized by law. If a 
 schoolhouse tax is voted at a special meeting and certified to said 
 board after the regular levy is made, it shall at its next regular 
 meeting levy such tax and cause the same to be forthwith entered 
 upon the tax list to be collected as other school taxes. It hall also 
 levy a tax for the support of the schools within the county of not 
 less than one nor more than three mills on the dollar on the assessed 
 value of all the taxable property within the county. [C. 73, 
 1779-80; R., 2057, 2059.] 
 
 . SEC. 2808. Apportionment. The county auditor shall, on the 
 first Monday in April and the fourth Monday in September of each 
 year, apportion the school tax, together with the interest of the 
 permanent school fund to which the county is entitled, and all other 
 
 11. For the purpose of collection, all taxes voted by the school township meet- 
 ing must be apportioned among the subdistricts. The basis of this apportionment 
 is the aggregate number of mills previously levied upon the subdistricts for 
 schoolhouse purposes, and the division should be made so as gradually to equal- 
 ize these rates, in order that the schoolhouse tax may, ultimately, be uniform 
 throughout the district. 
 
 12. The township voters may vote a tax for the erection of a schoolhouse in 
 any subdistrict, without previous action of the subdistrict voters. 
 
 13. If the subdistrict voters vote to raise a sum for schoolhouse purposes, it is 
 the duty of the secretary to certify the same to the school township meeting. 
 
 14. All necessary schoolhouse taxes should, as a rule, be voted by the school 
 township meeting. 
 
 15. The first proviso does not apply where a larger tax is required to meet 
 the interest on valid outstanding bonds. 69 Iowa, 612. 
 
 16. The second proviso in this section was added for the relief of sparsely set- 
 tled communities, in which five dollars per scholar for contingent fund and fifteen 
 dollars per scholar for teachers' fund, is not adequate to maintain schools for the 
 time required by law. 
 
 17. If the board finds a sufficient amount of teachers' fund and contingent fund 
 on hand and in sight to support the schools for the current year, it may decline 
 to certify any amount to be raised under this section. 
 
 18. To determine conclusively whether it is the duty of the board to order 
 the secretary to certify a tax supposed to have been voted by the voters, but with 
 regard to which vote there is some doubt, an application to a court for a writ of 
 mandamus or injunction as the case may be, will secure a settlement of all ques- 
 tions involved. 
 
 SECTION 2808. This warrant must be signed by the president and counter- 
 signed by the secretary, to authorize payment of the amount named therein upon 
 presentation by the district treasurer Form 18. 
 
SCHOOL LAWS OF IOWA. . 73 
 
 JFOjtfJ^^ 
 
 money in the hands of the county treasurer belonging in common to 
 the schools of the county and not included in any previous appor- 
 tionment, among the several corporations therein, in proportion to 
 the number of persons of school age, as shown by the report of the 
 county superintendent filed with him for the year immediately pre- 
 ceding. He shall immediately notify the president of the board of 
 each corporation of the sum to which it is entitled by such appor- 
 tionment, and shall issue his warrant for the same to accompany said 
 notice, and shall authorize the treasurer thereof to draw the amount 
 due from the county treasurer. [C. 73, 1781-2, 1841; R., 1966, 
 2060-1.] 
 
 SEC. 2809. Auditor to report. He shall forward to the super- 
 intendent of public instruction a certificate of the election or appoint- 
 ment and qualification of the county superintendent, and shall also, 
 on the second Monday in February and August of each year, make 
 out and transmit to the auditor of state, in accordance with such 
 form as said auditor may prescribe, a report of the interest of the 
 school fund then in the hands of the county treasurer and not 
 included in any previous apportionment, and also the amount of said 
 interest remaining unpaid. [C. 73, 1783.] 
 
 SEC. 2810. Taxes paid over. Before the third Monday of 
 January, April, July and October in each year, the county treasurer 
 shall give notice to the president of the board of each school corpo- 
 ration in the county of the amount collected for each fund to the 
 first day of such month, and the president of each board shall draw 
 his diaft therefor, countersigned by the secretary, upon the county 
 treasurer, who shall pay such taxes to the treasurers of the several 
 school boards only on such draft. He shall also keep the amount of 
 
 SECTION 2809. 1. This certificate should be forwarded to the superintendent 
 of public instruction as soon as the qualification and bond is filed in the office of 
 the county auditor, after such bond has been approved. 
 
 2. The certificate referred to should be promptly forwarded to the superin- 
 tendent of public instruction, otherwise the interests of the county may suffer 
 by the transaction of business with persons not duly authorized to act. 
 
 3. The certificate should in all cases certify to the qualification as well as the 
 election or appointment of the county superintendent, for although he may be 
 properly elected or appointed, yet he cannot be recognized until it is known that 
 he has taken the necessary oath of office, and that his bond is approved. 
 
 4. Whenever any change is made by resignation or otherwise, a certificate of 
 the appointment and qualification of a successor should be immediately forwarded. 
 Forms 39 and 40. 
 
 SECTION 2810. 1. It is the duty of the county treasurer to notify the presi- 
 dent of the board of each district, quarterly, of the amount collected for each 
 fund and pay it to the district treasurer on the warrant of the president counter- 
 signed by the secretary. Form 41. 
 
 2. Whenever a draft is drawn on the county treasury, it is the duty of the 
 secretary to charge the district treasurer with the amount named in the draft, 
 keeping a separate account with each fund. Section 2761. 
 
 3. The three funds, teachers', schoolhouse, and contingent, must be kept sep- 
 arate by the county treasurer, as directed in this section, to enable school officers 
 to comply with the lav/ in the discharge of their official duties. Sections 2761, 
 2762, 2765, 2768 and 27c9. Form 41. 
 
 4. The division of funds made by the county treasurer must be respected by 
 the board, unless the electors direct schoolhouse funds unappropriated transferred 
 to other funds. This is the only transfer provided for by law. 
 
74 SCHOOL LAWS OF IOWA. 
 
 tax levied for schoolhouse purposes separate in each subdistrict 
 where such levy has been made directly upon the property of the 
 subdistriot, and shall pay over the same quarterly to the treasurer 
 of the school township for the benefit of such subdistrict. [C.73, 88 
 1784-5.] 
 
 SEC. 2811. Judgment tax. When a judgment shall be obtained 
 against a school corporation, its board shall order the payment 
 thereof out of the proper fund by an: order on the treasurer, not in 
 excess, however, of the funds available for th&t purpose. If the proper 
 fund is not sufficient, then, unless its board has provided by the 
 issuance of bonds for raising the amount necessary to pay such 
 judgment, the voters thereof shall at their annual meeting vote a 
 sufficient tax for the purpose. In case of failure or neglect to vote 
 such tax, the school board shall certify the amount required to the 
 board of supervisors, who shall levy a tax on the property of the 
 corporation for the same. [18 G. A., ch. 132, 6; C.73, 1787; R., 
 2095.] 
 
 SEC. 2812. Bonds. The board of directors may issue bonds in 
 the name of the school corporation to pay any judgment against it, 
 or any matured indebtedness under bonds lawfully issued, and the 
 board of an independent city or town district may issue honds to 
 
 SECTION 2811. 1. An order drawn under this section is not entiJed to pay- 
 ment to the exclusion of other orders. 40 Iowa, 620. 
 
 2. Judgment indebtedness may be converted into bonded indebtedness, but 
 not beyond the constitutional limit. 
 
 3. The greatest bonded school indebtedness possible is five per cent on the 
 last assessed valuation, and taxes are not counted. 
 
 SECTION 2812. 1. Bonds voted under the provisions of this section may be 
 issued and sold as the necessities of the independent school district require, but 
 cannot be made available for the purchase of a schoolhouse site. 
 
 2 If actually necessary, the board may issue an order on the schooLiouse fund 
 for the purchase of a site, which order may be indorsed by the treasurer if there 
 is no money in that fund, and draw interest. Section 2768. 
 
 3. No independent school district may incur a bonded indebtedness to an 
 amount, in the aggregate, exceeding five per cent on the value of its taxable 
 property. Constitution, article 11, section 3. 
 
 4. There is no intimate connection between the levy of taxes and an outstand- 
 ing bonded indebtedness. The levy of taxes is not intended by the law to be con- 
 sidered as an outstanding indebtedness. The limit of bonded indebtedness is fixed 
 by this section; the limit for levy of taxes, by section 2807. 
 
 5. As indicating the valuation of the district, the tax lists may not be taken 
 into account until after the levy of the taxes in September. 70 Iowa, 230. 
 
 6. In order that the bonds may be negotiated to the best advantage possible, 
 great pains should be taken to follow the law carefully in every respect. 
 
 7. The cost of the blank bonds and the expense of negotiating the bonds, 
 should be paid from the contingent fund. 
 
 8. The fact that the vote for bonds was defeated will not prevent the board 
 from calling another election at any time when it thinks best to do so. 
 
 9. While a vote to issue bonds is regarded by the courts as somewhat in the 
 nature of permissive authority to the board, yet a board may not attempt to defeat 
 the wish of the voters clearly expressed. Decisions, 75. 
 
 10. In the matter of issuing bonds, every legal requirement should be scru- 
 pulously adhered to, in order that not even the slightest irregularity may be urged 
 against the validity of the bonds, when they come to be negotiated. 
 
bUHOOL, LAWS OF IOWA. 75 
 
 pay any matured indebtedness for money borrowed by it as author- 
 ized by law, or for money borrowed for the erection or completion 
 of schoolhouses, when authorized by the voters at the regular meet- 
 ing or a special meeting called for that purpose, which bonds shall 
 be substantially in the form provided for county bonds, but subject 
 to changes that will conform them to the action of the board provid- 
 ing therefor, shall not run more than ten years, be in denomina- 
 tions of not more than one thousand nor less than one hundred 
 dollars, and bear a rate of interest not exceeding six per cent per 
 annum, payable semi -annually, to be signed by the president and 
 countersigned by the secretary, and shall not be disposed of for less 
 than par value, nor issued for other purposes than in this section 
 provided. They shall be payable, respectively, at the pleasure of 
 such corporation at any time after the expiration of five years, but 
 may be sooner paid if so nominated in the bonds, be registered in 
 the office of the county auditor, numbered consecutively, and redeem- 
 able in the order of their issuance. Upon being issued they shall 
 be delivered to the treasurer thereof, the president taking receipt 
 therefor, and thereupon the treasurer shall stand charged on his 
 official bond with their amount. He shall sell the bonds for not less 
 than par value and apply the proceeds thereof in payment of out- 
 standing indebtedness, and for no other purpose than in this section 
 authorized, or he may exchange the new bonds for outstanding 
 bonds without discount, the cost of engraving and printing the 
 bonds to be paid out of the contingent fund. The treasurer shall 
 keep a record of the name and postoffice address of all persons to 
 whom bonds are sold. The provisions relating to payment of county 
 bonds and notice to the owner thereof shall also apply to school 
 bonds issued under this section. [21 G. A., ch. 95; 18 G. A., ch. 51, 
 1, 3; 18 G. A., ch. 132, 1-5; 16 G. A., ch. 121; C. 73, 1821-2.] 
 
 SEC. 2813. Tax to pay bonds or money borrowed. The 
 board of each school corporation shall, at the same time and in the 
 same manner as provided with reference to other taxes, fix the 
 amount of tax necessary to be levied to pay any amount of princi- 
 pal or interest due or to become due during the next year on lawful 
 bonded indebtedness or in an independent city or town district of 
 any money borrowed for improvements after a vote thereof author- 
 izing the same, which amount shall be certified to the board of super- 
 visors as other taxes, and levied by them on the property therein 
 as other school taxes are levied, but such tax shall not exceed five 
 mills upon the dollar of the assessed valuation of such property for 
 money borrowed for improvements. [18 G. A., ch. 51, 2; 18 G. A., 
 ch. 132, 6; C.73, 1823.] 
 
 SEC. 2814. Schoolhouse sites acquisition. Any school 
 corporation may take and hold so much real estate as may be 
 required for schoolhouse sites, for the location or construction 
 
 11. If a board takes an action calculated to thwart the will of the voters, per- 
 haps any person interested could secure from a court a writ directing- the board to 
 proceed in the line of fulfilling the vote by the voters. 
 
 SECTION 2813. To pay bonds, a board may certify in excess of ten mills, if 
 necessary. 69 Iowa, 612. 
 
 SECTION 2814. 1. The board should if possible purchase a site. 
 
 2. A site of less than one acre may be enlarged to an acre. 
 
 3. The acre authorized to be set apart may be so measured as not to include 
 any portion of the highway. 70 Northwestern Reporter, 706. 
 
76 SCHOOL LAWS OP IOWA. 
 
 thereon of schoolhouses and the convenient use thereof, but not to 
 exceed one acre, except in a city or incorporated town it may 
 include one block exclusive of the street or highway, as the case 
 may be, for any one site, unless by the owner's consent, which site 
 must be upon some public road already established or procured by 
 the board of directors, and shall, except in cities, incorporated 
 towns or villages, be at least forty rods from the residence of any 
 owner who objects to its being placed nearer, and not in any 
 orchard, garden or public park. [C. 73, 1825-6.] 
 
 4. The objection of an owner living within forty rods on the opposite side of 
 a site will not prevent an addition to the site on the side away from the residence, 
 so as to include an entire acre. 
 
 5. From an order of the board making a location of a site to be secured by 
 condemnation, an appeal will lie the same as from any other order of the board. 
 
 6. Property incumbered, occupied as a homestead, or belonging to minor 
 heirs, may be taken under the provisions of this section. 
 
 7. If the district cannot establish its claim to the schoolhouse site, owing to 
 the loss of the deed, or for other reason, and the owner refuses to sell or lease the 
 site, the district may avail itself of the provisions of this and the following sec- 
 tions and secure a site not to exceed one acre. 
 
 8. When purchased, the provisions of this section do n'ot apply. The district 
 stands in the same relation to the public and to individuals, in this respect, as do 
 other corporations, and may purchase and convey real estate accordingly. 
 
 9. All sites taken under these sections, must be located on a public road, and 
 at least forty rods from any residence, the owner whereof objects to its being 
 placed nearer, except in incorporated towns. 
 
 10. When a site is sought to be condemned, the distance of forty rods men- 
 tioned in this section, is measured from the nearest part of the residence to the 
 nearest part of the site, in a straight line. 
 
 11. Boards may rebuild on sites without consent of owners of residences 
 within forty rods. 
 
 12. Under the Iowa statute of limitations, ten years use of a highway by the 
 public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 
 
 13. If the public, with the knowledge of the owner of land, has claimed and 
 continuously exercised the right of .using the same for a public' highway, for a 
 period equal to that fixed by the statute for the limitation of real actions, a com- 
 plete right to the highway thereby becomes established against the owner, unless 
 it appears that such use was by favor, leave or mistake. 22 Iowa, 457. Code, 
 section 3004. 
 
 14. In case the land desired for a school site is under mortgage, the district 
 may receive from the owner the lease of a portion not to exceed one acre, to be 
 held by the District as long as used for school purposes, and when no longer so 
 used, to revert to the owner. 
 
 15. The unmolested use of a site for a long term of years is probably sufficient 
 evidence of its dedication to the district for school purposes. At any rate, the 
 district being in possession, it would seem proper for the board to assume a grant, 
 and to continue to occupy the site and improve it. If any person brings an action 
 against the board, the president will then be required to appear and defend in 
 behalf of the district, and counsel may be employed by the board. 
 
 16. If a district is in continuous possession under claim of ownership for more 
 than ten years, it becomes the absolute owner of the fee title. 93 Iowa, 45, and 
 94 Iowa, 676. 
 
SCHOOL LAWS OF IOWA. 77 
 
 SEC. 2815. Condemnation. If the owner of the real estate 
 desired for a schoolhouse site, or a public road thereto, refuses or 
 neglects to convey the same, or is unknown or cannot be found, the 
 county superintendent of the proper county, upon the application 
 of either party in interest, shall appoint three disinterested ref- 
 erees, unless a less number shall be agreed upon, who shall take 
 and subscribe an oath to the effect that they will faithfully and impar- 
 tially discharge the duties laid upon them, due notice having been 
 given by the superintendent to the owner of the time and place of 
 making the assessments of damages as and for the length of time 
 required for the commencement of actions in the district court; such 
 referees shall inspect the grounds proposed to be taken, fix the 
 damages sustained as near as may be on the basis of the value of 
 the real estate so appropriated, and report in writing to the super- 
 intendent their doings and findings, which report shall be filed and 
 preserved in his office; and upon the amount found by the ref- 
 erees being deposited with the county treasurer, for the use of the 
 owner, possession may at once be taken and the necessary building 
 
 SECTION 2815. 1. If personal service cannot be made, the notice must be pub- 
 lished in a newspaper. Code, sections 3514-3544. Forms 42, 43, 44, 45 and 46. 
 
 2. The oath to the referees may not be administered by the county superin- 
 tendent by reason of his office. Such oafch may be administered by some one 
 empowered in a general way to administer oaths. One referee may administer 
 the oath to another referee. Code, section 393. 
 
 3. If the land cannot be procured by contract, the road may be established in 
 the same manner and by the proceedings provided for the establishment of high- 
 ways, and when the damage has been assessed, the district may pay the same. 
 
 4. As a matter of safety, a lease should be executed in duplicate, one to be 
 held by the secretary of the board, and the other by the lessor. The lease 
 should be approved by the board, as in case of a contract, and should be filed with 
 the secretary. 
 
 5. Sufficient time must be allowed between the appointment of this commission 
 and the time set for appraising the damages to give the owner legal notice thereof. 
 Code, sections 3517 and 3540. 
 
 6. The referees are entitled to two dollars for each day's service, and ten 
 cents per mile from their residence to the location of the property appraised. 
 Code, sections 354 and 1290. 
 
 7. The holder of a tax certificate on property sought to be condemned is an 
 owner in such sense that he is entitled to notice. 50 Iowa, 663. 
 
 8. When the owner of land taken is unknown, or cannot be found, it is not 
 necessary to print the report of appraisement, or to attempt other notice to said 
 owner than the printed notice required by this section. It is sufficient for the 
 county superintendent to send a certified copy to the board. 
 
 9. If the board has deposited with the county treasurer the amount assessed 
 by the referees in accordance with this section, we think the courts would hold 
 that the district had come into possession of the site. 
 
 10. The money deposited with the county treasurer should be held for the ben- 
 efit of the owner of the fee, and not for the mortgagee. 
 
 11. Since the receipt of the treasurer for the money deposited with him for 
 the owner of the land, may be the only evidence of title, such a receipt should 
 have a full description of the property, and should be recorded by the county 
 recorder. 
 
 12. No deed or other instrument from the owner is required to authorize the 
 district to occupy the land for school purposes. The proceedings should be recorded 
 in full by the district secretary. 
 
78 SCHOOL LAWS OF IOWA. 
 
 or buildings erected and occupied. Prom the assessment so made 
 either party may appeal to the district court by giving notice thereof 
 as in case of taking private property for works of internal improve- 
 ment within twenty days after receiving notice of the award made. 
 If such appeal is not taken, the assessment shall be final; if taken, 
 the board may proceed with the construction of improvements, if 
 the deposit hereinbefore provided has been or shall be made. Upon 
 such appeal the school corporation shall not be liable for costs 
 unless the owner shall be allowed a greater sum than given by the 
 referees; all costs in making the referees' assessment to be paid by 
 the school corporation. [C. 73, 1827.] 
 
 SEC. 2816. Reversion. In the case of non-user for school pur- 
 poses for two years continuously of any real estate acquired for a 
 schoolhouse site it shall revert, with improvements thereon, to the 
 owner of the tract from which it was taken, upon repayment of the 
 purchase price without interest, together with the value of the 
 improvements, to be determined by arbitration, but during its use 
 the owner of the right of reversion shall have no interest in or con- 
 trol over the premises. [C. 73, 1828.] 
 
 SEC. 2817. Use of barbed wire. Barbed wire shall not be 
 used to enclose any school buildings or grounds, nor for any fence 
 or other purpose within ten feet of any such grounds. Any person 
 violating the provisions of this section shall be punished by fine not 
 exceeding twenty-five dollars. [20 G. A., ch. 103.] 
 
 SEC. 2818. Appeal to county superintendent. Any person 
 aggrieved by any decision or order of the board of directors of any 
 school corporation in a matter of law or fact may within thirty days 
 after the rendition of such decision or the making of such order, 
 
 SECTION 2816. 1. In case of the donation of a schoolhouse site, the following 
 reversionary clause may be appended to the deed: Provided, that if, for the space 
 of two consecutive years said premises shall cease to be used for school purposes, the same 
 shall revert to tJie original donor, his heirs or assigns, without legal hindrance or expense. 
 
 2. Since the receipt of the treasurer for the money deposited with him, for 
 the owner of the land, may be the only evidence of title, such receipt should have 
 a full description of the property, and contain this proviso in addition to note 1 
 above: Upon the repayment of the principal amount paid by the district, without 
 interest, together with the value of any improvements thereon made by the district, and 
 the receipt should be recorded by the county recorder. 
 
 SECTION 2818. 1. There are many matters that may not properly be brought 
 before the county superintendent on appeal. From time to time questions are 
 likely to arise upon which the board should be governed by its best judgment, 
 or by competent legal advice. 
 
 2. The filing of an affidavit of appeal has the effect of arresting all action by 
 the board in relation to the matter appealed from. 
 
 3. During the pendency of an appeal all matters must remain in statu quo, and 
 this can be enforced by writ of injunction. No opinion relating to matters 
 involved in an appeal will be given. 
 
 4. An affidavit is a written declaration, sworn to before some officer author- 
 ized to administer oaths. Code, section 4673. 
 
 5. A county superintendent can have no jurisdiction of an appeal case until 
 the affidavit has been filed. Decisions, 5. 
 
 6. A notice of intention to file an affidavit, a verbal complaint, or a petition, 
 is not sufficient to give the county superintendent jurisdiction in appeal cases. 
 Form 47. 
 
SCHOOL LAWS OF IOWA. 79 
 
 appeal therefrom to the county superintendent of the proper county; 
 the basis of the proceedings shall be an affidavit filed with the 
 county superintendent by the party aggrieved within the time for 
 
 7. The affidavit should contain a statement of the decision complained of and 
 its date, a statement of facts showing that the appellant has an interest in the 
 decision and is injuriously affected by it, and the assignment of errors. Form 47. 
 
 8. An affidavit of appeal, to be of any value, must be sufficiently clear to 
 enable the county superintendent to call upon the secretary for a complete tran- 
 script of an action that must be described so as to be identified. 
 
 9. This affidavit being the first paper filed, care should be taken that the case 
 is properly entitled, and this title should be preserved throughout the further 
 progress of the appeal. The date of filing should be indorsed upon the affidavit 
 by the superintendent. 
 
 10. When a board receives official notice that an affidavit of appeal from its 
 order has been filed, all action by the board in relation to the matter appealed 
 from will be suspended until the decision in appeal has been given. 
 
 11. The right of appeal is limited to persons aggrieved or injuriously affected 
 by the decision or order complained of. Decisions, 18 and 28. 
 
 12. If a person aggrieved with a decision or order of the board fails to pro- 
 tect his rights by taking an appeal within the thirty days prescribed, he is barred 
 by the statute from the remedy of appeal. 
 
 13. In computing time the first day shall be excluded and the last included* 
 unless the last falls on Sunday, in which case the time prescribed shall be extended 
 so as to include the whole of the following Monday. Code, section 48, subsec- 
 tion 23. 
 
 14. When the act complained of is of a discretionary character, the action of 
 the board should be sustained, unless it is clearly shown that the board violated 
 law, abused its discretion, or acted with manifest injustice. Decisions, 40, 56, 
 60 and 64. 
 
 1 5. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 
 476. 69 Northwestern Reporter, 544. 
 
 16. As an appeal often consumes valuable time, mandamus is sometimes a 
 more speedy as well as a better remedy, to compel the performance of an official 
 duty. Decisions, 11, 34, 35, 51 and 55. 
 
 17. Where the law is mandatory in requiring the board to act upon a peti- 
 tion, the remedy for its refusal is mandamus and not appeal. 86 Iowa, 669. 
 
 18. When a board violates a mandatory requirement, application by an inter- 
 ested party to a court for a writ to compel the board to act as directed by the 
 statute is the more speedy and preferable remedy. 44 Iowa, 432, 50 Iowa, 648, and 
 71 Iowa, 632. Decisions 35, 51 and 55. 
 
 19. To correct an illegal action of the board, certiorari, and not appeal, is the 
 remedy. 55 Iowa, 215. Decisions, 17 and 75. 
 
 20 That an appeal may lie there must be an order or action by the board. 
 To compel an action appeal is not the remedy, but application to a court of law. 
 
 21. By an action of the board is meant a vote taken by it and made of rec- 
 ord at a meeting legally constituted. The board may at any time correct mistakes 
 in its record, or supply omissions. 
 
 22. Appeal cannot be taken where the board simply refuses or neglects to act. 
 71 Iowa, 632. Decisions, 73. 
 
 23. In case of wilful neglect or intentional failure to take action as intended 
 by the law, the remedy for any party aggrieved is application to a court for a 
 writ to require the board to consider and act upon the important matter brought 
 to its attention. And its order when made of record will then be subject to be 
 made the basis of an appeal. 
 
80 SCHOOL LAWS OF IOWA. 
 
 taking the appeal, which affidavit shall set forth any error com- 
 plained of in a plain and concise manner. TO. 73. 1829-31; R., 8$ 
 2133-5.] 
 
 SEC. 2819. Hearing and decision. The county superintendent 
 shall, within five days after the filing of such affidavit in his office, 
 notify the secretary of the proper school corporation in writing of 
 the taking of such appeal; the latter shall, within ten days after 
 being thus notified, file in the office of the county superintendent a 
 complete transcript of the record and proceedings relating to the 
 decision complained of, which transcript shall be certified to be cor- 
 rect by the secretary; after the filing of the transcript aforesaid the 
 
 24. If desirable to clear the record, or to make a matter plain beyond question, 
 sometimes the board may re-enact all its former transactions with regard to the 
 matter involved. If it is supposed that the board took an action which purposely 
 was not made a matter of record, it may be compelled by mandamus to complete 
 its record. 
 
 25. No appeal may be taken from the action of the board taking the initiatory 
 step, while it requires the concurrence of another board to complete the action. 
 The concurrence or refusal of the second board is the order from which an appeal 
 may be taken. Note 13 to section 2802. 
 
 SECTION 2819. 1. The notice should describe the decision or order appealed 
 from, so that it may be identified, and should require the district secretary to file 
 the transcript with the superintendent within the time specified. The notice 
 may be served personally or sent by mail. Form 48. 
 
 2. The secretary shall make and forward a transcript or copy of the record of 
 all actions of the board relating to the decision or order appealed from, also of all 
 petitions, remonstrances, plats, and other papers pertaining thereto. The original 
 papers must be preserved with the district records. Form 49. 
 
 3. The basis of an appeal is the recorded action of the board. If the secre- 
 tary certifies that there is no record of an action by the board in any such matter 
 as is described in the notice for a transcript, then it will be impossible to carry 
 forward the appeal. Note 23 to section 2818. 
 
 3. A failure to file the transcript will not affect the proceedings in any other 
 way than to cause delay. The secretary will take the risk of censure by a court 
 for failure to attend to his official duty. Decisions. 34. 
 
 5. The time to elapse between the filing of the transcript and the hearing of 
 the appeal is not fixed by the statute. This is left to the county superintendent 
 to determine. 
 
 6. Notice of the time and place of hearing should be given to the appellant, 
 to the secretary of the board, and to any other persons known to be directly inter- 
 ested. The notices may be served personally or sent by mail. Form 50. 
 
 7. The appellant, the president, the secretary of the board, and other parties 
 known to be directly interested, shou d receive a copy of this notice. 
 
 8. The date of filing every paper should be indorsed thereon, also in the ease 
 of motions, orders and rulings of the county superintendent. All oral motions 
 and an abstract of the testimony should be reduced to writing at the time of trial. 
 
 9. The docket or minutes of the superintendent should commence by noting 
 the filing of the affidavit. He will afterward, as the acts transpire, record the 
 sending of the notice of appeal to the district secretary, the filing of the transcript, 
 the sending of notices of the hearing, and any adjournment of the case that may 
 be granted. At the trial he will carefully note down the names of all parties 
 appearing, and their postoffice address, and whether they appear for or against 
 the appeal, also, the filing of all papers and names of witnesses, and in whose 
 behalf such papers or witnesses are introduced. The decision of the superintend- 
 ent will form an appropriate close of his minutes. 
 
SCHOOL LAWS OF IOWA. 81 
 
 county superintendent shall notify in writing all persons adversely 
 interested of the time and place where the matter of the appeal will 
 be heard by him. At the time fixed for the hearing he shall hear 
 testimony for either party, and he shall make such decision as may 
 be just and equitable, which shall be final unless appealed from as 
 hereinafter provided. [C.73, 1832-4; R., 2136-8. 
 
 SEC. 2820. Appeal to state superintendent no money 
 judgment. An appeal may be taken from the decision of the county 
 superintendent to the superintendent of public instruction in the 
 same manner as provided in this chapter for taking appeals from 
 the board of a school corporation to the county superintendent, as 
 nearly as applicable, except that thirty days' notice of the appeal 
 
 10. All testimony must be given under oath, and the substance reduced to 
 writing at the time by the county superintendent. It is recommended that a 
 summary of what each witness testifies be made, read to the witness, and signed 
 by him. It is of the first importance that the record of the testimony be full and 
 accurate, as the decision of the county superintendent, also of the superintendent 
 of public instruction, in case the appeal is carried up, must be based upon the 
 record of evidence introduced. This testimony should be preserved with the 
 other papers of the case. 
 
 11. While the county superintendent will not be prevented from entertaining 
 and considering testimony not before the board, the general rule and practice 
 should be to attempt to confine the hearing as far as practicable to the matters 
 considered by the board and to the facts, statements, and testimony, that were 
 within the possession of the board at the time the action complained of, which is 
 being reviewed by the county superintendent, was taken. 
 
 12. In case of disturbance or interruption during the trial of an appeal before 
 a county superintendent, as he is not invested with complete judicial power, he 
 has only the ordinary remedy of complaint to the proper authorities. Code, sec- 
 tion 5033. 
 
 13. The county superintendent may upon his own motion call any witness to 
 the stand and have his testimony taken. 
 
 14. While mere technicalities should not be permitted to prevent the attain- 
 ment of justice, it is not inappropriate that as to evidence and practice the super- 
 intendent should be governed by many of the rules which ordinarily obtain in 
 courts. 
 
 15. The leading question to be determined by the county superintendent is 
 whether in making the order complained of, the board committed error to the 
 extent to require a reversal of its decision or order. 
 
 16. Acts of a board purely discretionary in their nature should be given 
 great weight To warrant a reversal, positive error must be found, and such 
 error must appear clearly in the testimony. 
 
 17. When an appellate tribunal is unable to decide an appeal because the tes- 
 timony is insufficient or the transcript of the action of the board is incomplete, 
 and the facts are not sufficiently shown to determine what should be done, the 
 case may be remanded for a new trial, or for further action by the board 
 
 18 To those interested in the issue of an appeal the county superintendent 
 may send a simple statement of the result, that is, whether the order of the board 
 was affirmed or reversed. 
 
 SECTION 2820. 1. Appeals to the superintendent of public instruction a re con- 
 ducted in the same manner and governed by the same rules, so far as applicable, 
 as appeals to county superintendents. The basis of the appeal must be an affida- 
 vit filed in the office of the superintendent of public instruction, within thirty 
 days from the date of the decision appealed from. 
 6 
 
82 SCHOOL LAWS OF IOWA. 
 
 shall be given by the appellant to the county superintendent, and 
 also to the adverse party. The decision when made shall be final. 
 Nothing hi this chapter shall be so construed as to authorize either 
 the county or state superintendent to render judgment for money; 
 
 2. Upon the filing of an affidavit the superintendent of public instruction will 
 notify the county superintendent to forward a transcript of the papers in the case 
 within thirty days. The original papers must be preserved on file in the county 
 superintendent's office. 
 
 3. When an appeal is taken to the superintendent of public instruction, the 
 county superintendent must have a copy of the testimony and of his docket pre- 
 pared. It is very desirable that this transcript should be in typewritten work. 
 
 4. The transcript of the county super intendendent will consist of a literal copy 
 of every paper filed and all indorsements thereon, together with a copy of all 
 testimony given, the whole arranged in chronological order, closing with the 
 decision of the county superintendent in full, with the certificate annexed. 
 Form 51. 
 
 5. The transcript in an appeal is supposed to be an exact copy of the papers 
 and testimony in the case, preserved on file in the office of the county superin- 
 tendent. Any one interested may claim the privilege of examining the original 
 records in the case, at any proper time. 
 
 6. It is obvious that the county superintendent himself should not be expected 
 to pay for having a typewritten transcript of the record made in an appeal to the 
 superintendent of public instruction. Expenses of this character, closely con- 
 nected by law with the work of the county superintendent's office, should be paid 
 for by the board of supervisors in the same manner that assistance is furnished to 
 other county officers when needed. 
 
 7. Upon the filing of the transcript, thirty days' notice of the time set for 
 hearing will be given to all parties interested. This time of thirty days may be 
 diminished on the written agreement of both parties. 
 
 8. At the hearing, parties interested may appear personally or by attorney, 
 and argue their cases orally if they desire, or they may send arguments in writing, 
 or if possible, in typewriting. 
 
 9. The record of the case in the office of the county superintendent, which is 
 a public record and open to examination by parties interested, will furnish all 
 needed data, where access to the transcript sent up is inconvenient. 
 
 10. The superintendent of public instruction will not hear original testimony 
 in cases submitted to him. Decisions, 50. 
 
 11. Any person aggrieved by an action of the county superintendent in refus- 
 ing to grant a certificate or in revoking the same, may apply to him for a rehear- 
 ing, the proceedings to correspond as nearly as possible to the proceedings in the 
 case of an appeal from a board of directors. If any one is aggrieved by the result 
 of this investigation, an appeal may be taken therefrom to the superintendent 
 of public instruction. 
 
 12. A person in whose favor an appeal is decided, has the remedy of a writ of 
 mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533, 
 and 72 Iowa, 379. 
 
 13. A decision in appeal by a county superintendent or the superintendent of 
 public instruction is final in the sense that no court will attempt to review or set 
 aside such a decision if the matters included are clearly within the jurisdiction 
 of such school officers. 69 Iowa, 533. 
 
 14. An appeal decision does not always prevent the board from acting anew 
 upon the matters involved in the appeal. If the order of a board is affirmed the 
 board will be left free to take any action thought best by it; that is, it will have 
 the same freedom to act that it would have if no appeal had been taken. 
 
SCHOOL Lx\WS OF IOWA. 83 
 
 neither shall they be allowed any other compensation than is now 
 allowed by law. All necessary postage must first be paid by the 
 party aggrieved. [C. 73, 1835-6; R., 2139-40.] 
 
 SEC. 2821. Witnesses fees. The county superintendent in all 
 matters triable before him shall have power to issue subpoenas for 
 witnesses, which may be served by any peace officer, compel the 
 attendance of those thus served, and the giving of evidence by them, 
 in the same manner and to the same extent as the district court may 
 do, and such witnesses and officers may be allowed the same com- 
 pensation as is paid for like attendance or service in such court, 
 which shall be paid out of the contingent fund of the proper school 
 corporation, upon the certificate of the superintendent to and war- 
 rant of the secretary upon the treasurer; but if the superintendent 
 is of the opinion that the proceedings were instituted without reason- 
 able cause therefor, or if, in case of an appeal, it shall not be sus- 
 tained, he shall enter such findings in the record, and tax all costs 
 to the party responsible therefor. A transcript thereof shall be 
 filed in the office of the clerk of the district court and a judgment 
 entered thereon by him, which shall be collected as other judgments. 
 
 SEC. 2822. Penalties. Any school officer wilfully violating 
 any provision of this chapter, or wilfully failing or refusing to per- 
 form any duty imposed by law, shall forfeit and pay into the treas- 
 ury of the particular school corporation in which the violation occurs 
 the sum of twenty-five dollars, action to recover which shall be 
 brought in the name of the proper school corporation, and be applied 
 to the use of the schools therein. [C.73, 1746, 1786; R., 2047, 
 2081; C.'51, 1137.] 
 
 SEC. 2823. Provisions apply to all corporations issuance 
 of bonds. The provisions of this chapter shall apply alike to all 
 districts, except when otherwise clearly stated, and the powers 
 given to one form of corporation, or to a board in one kind of cor- 
 poration, shall be exercised by the other in the same manner, as 
 
 15. Until the board has taken a different action no doubt mandamus will be a 
 remedy to compel the board to carry into effect the appeal decision and the former 
 action of the board. 
 
 16. If it is shown conclusively that a transcript is materially defective, that 
 valuable testimony heard upon the trial before the county superintendent is not 
 included in the transcript, or that testimony which should not have been omitted 
 was excluded, an appeal case may be remanded to the county superintendent 
 for another trial. 
 
 17. When the decision of the county superintendent on appeal, reversing the 
 order of the board, is reversed by the superintendent of public instruction on the 
 appeal to him, the effect of the last decision, which is final, is to affirm the orig- 
 inal order made by the board, and the result of this is to leave the matter as 
 entirely in the hands of the board as though no appeal had ever been taken from 
 its action. Decisions, 56. 
 
 18. But if the county superintendent reverses an order of the board and the 
 superintendent of public instruction affirms the decision of the county superin- 
 tendent, such decision will prevent the board from taking any action in the matter 
 until some material change occurs, rendering such a new action necessary. 
 Decisions, 37 and 72. 
 
 19. Payment for postage in advance will be required with the affidavit. It 
 is impossible to tell what amount of postage will be needed in each case, and 
 one dollar will be required to cover all needed postage. If the dollar does not 
 accompany the affidavit, the filing will be delayed until the amount is received. 
 
84 SCHOOL LAWS OF IOWA. 
 
 nearly as practicable. But school boards shall not incur original 
 indebtedness by the issuance of bonds until authorized by the voters 
 of the school corporation. 
 
 OF THE UNIFORMITY, PURCHASE AND LOANING OF TEXT-BOOKS. 
 
 SECTION 2824. Adoption contract agent. The board of 
 directors of each and every school corporation in the state of Iowa 
 is hereby authorized and empowered to adopt text-books for the 
 teaching of all branches that are now or may hereafter be author- 
 ized to be taught in the public schools of the state, and to contract 
 for and buy said books and any and all other necessary school sup- 
 plies at said contract prices, and to sell the same to the pupils of 
 their respective districts at cost, and said money so received shall 
 be returned to the contingent fund. The books and supplies so 
 purchased shall be under the charge of the board, who may select 
 one or more persons within the county to keep said books and sup- 
 plies for sale, and, to insure the safety of the books and moneys, 
 
 SECTION 2824. 1. There* is nothing in this and the following sections from 
 which it can be inferred that a contract must be entered into for five years. The 
 law does not attempt to fix an exact limitation as to the time that should be con- 
 tracted for. It seems to be the intent of the law that the board of directors or the 
 county board of education should carefully avoid making a contract which might 
 have the effect of binding its successors in office. 
 
 2. It is within the power of any board to forbid the use of other books than 
 those adopted for the district, and to provide by rule or regulation that scholars 
 persistently and continuously refusing to conform to such regulation shall be 
 refused instruction until they comply with the rule. Teachers failing to regard 
 a rule or direction of the board that instruction be given from no other books than 
 those legally in use, take the risk of being cited for trial under section 2782. 
 
 3 The word cost, in this section, should be understood to mean contract price. 
 Any extra expense connected with securing the books should not be added to their 
 purchase price, but should be paid from the contingent fund, upon separate orders. 
 In this way the cost to the purchaser will agree with the contract price, and 
 uniformity in cost for the same book will obtain all over a large district having 
 several selling places, and will also be common in many districts and counties, 
 while the extra expense for handling, drayage, storage, etc., may differ somewhat 
 in connection with each different person selected to keep the books for sale. 
 
 4. We think the words any and all other necessary school supplies are intended to 
 include only such articles as it is customary for parents to purchase for the use of 
 their children in school work. For instance, globes and charts have not been 
 furnished by the children. They cannot be bought with the money of the district, 
 resold, and the money returned to the contingent fund as directed by the law. 
 
 5. Text-books of every variety, in all classes and grades, and all kinds of sup- 
 plies usually purchased by the children for use in the schools for the purposes of 
 instruction, may be purchased under this act. 
 
 6. It is evidently not the intention to impose a hardship upon the person who 
 keeps the books and supplies for sale, but simply to guard the district against 
 possible loss. The board is not to be considered as released in the slightest degree 
 from its obligation, under the general law, to protect the funds. The bond is 
 required for additional protection. Form 52. Nor will the fact that the board 
 requires a bond from another person in any way release the treasurer from his 
 absolute responsibility for all funds of the district coming into his hands, from 
 whatever source. 
 
SCHOOL LAWS OF IOWA. 85 
 
 the board shall require of each person so appointed a bond in such 
 sum as may seem to the board to be desirable. [25 G. A. , ch. 35 ; 23 
 G. A., ch. 24, 1, 2.] 
 
 SEC. 2825. Use of contingent fund additional tax. All the 
 books and other supplies purchased under the provisions of this 
 chapter shall be paid for out of the contingent fund, and the board 
 of directors shall annually certify to the board of supervisors the 
 additional amount necessary to levy for the contingent fund of said 
 district to pay for such books and supplies. But such additional 
 amount shall not exceed in any one year the sum of one dollar and 
 fifty cents for each pupil residing in the school corporation, and the 
 amount so levied shall be paid out on warrants drawn for the pay- 
 ment of books and supplies only, but the district shall contract no 
 debt for that purpose. [Same, 2.J 
 
 SEC. 2826. Purchase exchange. In the purchasing of 
 text-books it shall be the duty of the board of directors or the 
 county board of education to take into consideration the books then 
 in use in the respective districts, and they may buy such additional 
 number of said books as may from time to time become necessary 
 to supply their schools, and they may arrange on equitable terms 
 for exchange of books in use for new books adopted. [Same, 3.] 
 
 SEC. 2827. Suit on bond. If at any time the publishers of 
 such books as shall have been adopted by any board of directors or 
 county board of education shall neglect or refuse to furnish such 
 books when ordered by said board in accordance with the provisions 
 of this chapter, at the very lowest price, either contract or whole- 
 sale, that such books are furnished any other district or state board, 
 then said board of directors or county board of education may and 
 it is hereby made their duty to bring suit upon the bond given them 
 by the contracting publisher. [Same, 4.] 
 
 SECTION 2825. 1. Any contingent fund on hand may be used to purchase books 
 and supplies. As the proceeds from sales must be returned at once to the contin- 
 gent fund, no large additional amount will ordinarily be needed to enable the 
 average district to secure books and supplies under this law. 
 
 2. When the board is estimating the levy for the contingent fund, it may 
 include in the estimate an amount needed to pay any necessary expense connected 
 with securing the books. 
 
 3. All payments under this chapter must be made in strict accordance with the 
 other provisions of law governing the disbursement of school moneys. No order 
 for any purpose may be drawn until the account has been regularly audited. 
 
 4. It is desirable that the cost to the scholar shall be the lowest possible. Any 
 extra expense connected with securing the books should not be added to their 
 purchase price, but should be paid out of the contingent fund, upon separate 
 orders. In this way the cost to the purchaser will agree with the contract price, 
 and uniformity in cost for the same book will be common in many districts and 
 counties. Note 3 to section 2824. 
 
 SECTION 2826. 1. The provision allowing books in use to be exchanged on 
 equitable terms for the new books adopted, will assist very materially in securing 
 uniform books, as well as in reducing the expense to the people. 
 
 2. The good of the schools will be best advanced if it is ordered that the same 
 book or books in any branch must be used in all the schools of the same grade in 
 the district. This will simplify the purchase, and also facilitate the introduction 
 of uniform books. 
 
8b SCHOOL LAWS OF IOWA. 
 
 SEC. 2828. Bids. Before purchasing text-books under the pro- 
 visions of this chapter it shall be the duty of the board of directors, 
 or county board of education, to advertise, by publishing a notice 
 for three consecutive weeks in one or more newspapers published 
 in the. county; said notice shall state the time up to which all bids 
 will be received, the classes and grades for which text-books and 
 other necessary supplies are to be bought, and the approximate 
 quantity needed; and said board shall award the contract for said 
 text-books and supplies to any responsible bidder or bidders offer- 
 ing suitable text-books and supplies at the lowest prices, taking 
 into consideration the quality of material used, illustrations, bind- 
 ing, and all other things that go to make up a desirable text-book; 
 and may, to the end that they may be fully advised, consult the 
 county superintendent, or, in case of city independent districts, 
 with city superintendent or other competent person, with reference 
 to the selection of text-books: provided that the board may reject 
 any and all bids, or any part thereof, and re- advertise therefor as 
 above provided. [Same, 5.] 
 
 SEC. 2829. Change question submitted. It shall be unlaw- 
 ful for any board of directors or county board of education, except 
 as provided in section twenty -eight hundred and twenty-seven of this 
 chapter, to displace or change any text- book that has been regularly 
 adopted or re-adopted under the provisions of this chapter, before 
 the expiration of five years from the date of such adoption or 
 re-adoption, unless authorized to do so by a majority of the electors 
 present and voting at their regular annual meeting in March, due 
 notice of said proposition to change or displace said text-books 
 having been included in the notice for the said regular meeting. 
 [Same, 6.] 
 
 SEC. 2830. Samples lists bonds. Any person or firm desir- 
 ing to furnish books or supplies under this chapter in any county 
 shall, at or before the time of filing his bid hereunder, deposit in the 
 office of the county superintendent samples of all text- books included 
 in his bid, accompanied with lists giving the lowest wholesale and 
 contract prices for the same. And said samples and lists shall 
 remain in the county superintendent's office, and shall be delivered 
 by him to his successor in office, and shall be kept by him in such 
 safe and convenient manner as to be open at all times to the inspec- 
 tion of such school officers, school patrons and school teachers as 
 may desire to examine the same and compare them with others, for 
 the purpose of use in the public schools. The board of directors 
 and county board of education mentioned shall require of any per- 
 son or persons with whom they contract for furnishing any books 
 or supplies to enter into a good and sufficient bond, in such sum and 
 
 SECTION 2828. 1. A board may not secure the advantages of purchasing text- 
 books without first advertising for bids and letting the contract in the manner 
 required. And this is equally true even if it is expected that a new contract will 
 be made for the books in present use. Form 53. 
 
 2. As the period of adoption is likely to be renewed, it is essential that the 
 best books obtainable be chosen. The knowledge and experience of county 
 and city superintendents render them peculiarly qualified to advise the board. 
 
 3. Many years ago a provision of the law allowed the superintendent of public 
 instruction to recommend text-books for use in the public schools. The omission 
 of the provision referred to from our statutes indicates that the practice of com- 
 mendation by such official is not expected by the law. 
 
SCHOOL LiAWS OP IOWA. 87 
 
 with such conditions and sureties as may be required by such board 
 of directors or county board of education, for the faithful perform- 
 ance of any such contract. But bonds of surety companies duly 
 authorized under the laws of Iowa shall be accepted. [Same, 7.] 
 
 SEC. 2831. County board of education question as to 
 county uniformity. The county superintendent, the county auditor 
 and the members of the board of supervisors shall constitute a county 
 board of education. When petitions shall have been signed by one- 
 half the school directors in any county, other than those in cities 
 and towns, and filed in the office of the county superintendent of 
 such county at least thirty days before the annual school elections, 
 asking for a uniform series of text-books in the county, then such 
 county superintendent shall immediately notify the other members 
 of the county board of education in writing, and within fifteen days 
 after the filing of the petitions said board of education shall meet and 
 provide for submitting to the electors at the next annual meeting the 
 question of county uniformity of school text- books. [Same, 8, 9.] 
 
 SEC. 2832. Selection of books depositories. Should a major- 
 ity of the electors voting at such elections favor a uniform series of 
 text-books for use in said county, then the county board of education 
 shall meet and select the school text-books for the entire county, and 
 contract for the same under such rules and regulations as the said 
 board of education may adopt. When a list of text- books has been 
 so selected, they shall be used by all the public schools of said 
 county, except as hereinafter provided, and the board of education 
 
 SECTION 2831. It is intended that at least one-half of the individuals compos- 
 ing all boards, except those of city and town districts, shall sign the petition 
 referred to. Form 55. 
 
 SECTION 2832. 1. The county board of education is a continuous body. 
 
 2. County boards of education will from time to time make such rules and 
 regulations as seem necessary to carry out the purpose and spirit of the law. 
 
 3. Purchases of records, dictionaries, apparatus and similar supplies for the 
 use of the district may not be made by contract under this law, but such articles 
 will be bought with contingent fund, as provided by section 2783. Note 4 to sec- 
 tion 2824. 
 
 4. The county board of education must cause the books to be sold to the peo- 
 ple direct, under such regulations as the board may adopt. 
 
 5. Security by bond made payable to the county, may be required from depos- 
 itaries. But the fact that the money from sales must be returned to the county 
 funds monthly, will lessen the need for as much security as would be necessary if 
 a large sum of money could be held by a depositary for a long time. 
 
 6. The county board of education should arrange for a sufficient number of 
 depositories to accommodate fully the people of every district in the county. 
 
 7. It would promote an equality of price for the same book in the several 
 counties, if any slight extra expense connected with securing or handling the 
 books were not added to the contract price, but paid for from the county funds, 
 by the board of supervisors. In this way, the books and supplies may be sold to 
 the people at cost, the same as provided under section 2824, when purchase is 
 made by a district. Note 4 to section 2825. 
 
 8. It is apparent that there will be many questions arising upon which we 
 cannot venture an opinion. Any matter in which the binding force or validity of 
 a contract is involved, can be determined only by the courts of law. 
 
 9. The county attorney is the legal adviser of the county board of education, 
 and he should be freely consulted on questions upon which the board may be in 
 doubt. Code, section 302. 
 
88 SCHOOL LAWS OF IOWA. 
 
 may arrange for such depositories as it may deem best, and may pay 
 for said school books out of the county funds, and sell them to the 
 school districts at the same price as provided for in section twenty- 
 eight hundred and twenty-four of this chapter, and the money received 
 from said sales shall be returned to the county funds by said board 
 of education monthly. The boards of school officers, who are hereby 
 made the judges of the school meetings, shall certify to the board of 
 supervisors the full returns of the votes cast at said meetings the 
 next day after the holding of said meetings, who shall, at their next 
 regular meeting, proceed to canvass said votes and declare the 
 result. [Same, 9.] 
 
 SEC. 2833. Proceedings of county board. The county super- 
 intendent shall in all cases be chairman of the county board of educa- 
 tion, and the county auditor shall be the secretary, and a full and 
 complete record shall be kept of their proceedings in a book kept 
 for that purpose in the office of the county superintendent. A list 
 of text-books so selected, with their contract prices, shall be reported 
 to the state superintendent with the regular annual report of the 
 county superintendent. [Same, 10.] 
 
 SEC. 2334. Officers not to be agents. It shall be unlawful for 
 any school director, teacher or member of the county board of educa- 
 tion to act as agent for any school text-books or school supplies dur- 
 ing such term of office or employment, and any school director,. officer, 
 teacher or member of the county board of education who shall act as 
 agent or dealer in school text-books or school supplies, during the 
 term of such office or employment, shall be deemed guilty of a mis- 
 demeanor, and shall, upon conviction thereof, be fined not less than 
 ten dollars nor more than one hundred dollars, and pay the costs of 
 prosecution. [Same, 11.] 
 
 SEC. 2835. City schools. The provisions of sections twenty- 
 eight hundred and thirty-one, twenty-eight hundred and thirty-two 
 and twenty-eight hundred and thirty-three of this chapter shall not 
 apply to schools located within cities or towns, nor shall the electors 
 of said cities or towns vote upon the question of county uniformity; 
 but nothing herein shall be so construed as to prevent such schools 
 in said cities and towns from adopting and buying the books adopted 
 by the county board of education at the prices fixed by them, if by 
 a vote of the electors they shall so decide. [Same, 12.] 
 
 SEC. 2836. Free text-books question submitted. When- 
 ever a petition signed by one-third or more of the legal voters, to 
 be determined by the school board of any school corporation, shall 
 
 SECTION 2834. 1. The intention of this section is to prohibit any of the per- 
 sons named from engaging in any business in connection with school text-books 
 or supplies, by which his pecuniary interests might be brought in conflict with 
 his official duties. 
 
 2. The fact that a person is subject to the penalties named, for violating the 
 provisions of this section, will not operate to deprive him of his office or position. 
 
 SECTION 2835. All except sections 2831, 2832 and 2833, apply to city and 
 town independent school districts, and such districts may purchase books and 
 supplies in the same manner as other districts, under sections 2824 to 2830. 
 
 SECTION 2836. These provisions afford all districts the opportunity to supply 
 free books, so that every child may continuously enjoy the privileges of school. 
 It is believed that if districts will take action in accordance with the spirit of the 
 law, the percentage of attendance at school can be materially increased, and the 
 usefulness of our schools to all the children, greatly enhanced. 
 
SCHOOL LAWS OF IOWA. 89 
 
 be filed with the secretary thirty days or more before the annual 
 meeting of the electors, asking that the question of providing free 
 text-books for the use of pupils in the public schools thereof be sub- 
 mitted to the voters at the next annual meeting, he shall cause notice 
 of such proposition to be given in the call for such meeting. [26 G. 
 A., ch. 37, 1.] 
 
 SEC. 2837. Loaning discontinuance. If, at such meeting, a 
 majority of the legal voters present and voting by ballot thereon 
 shall authorize the board of directors of said school corporation to 
 loan text-books to the pupils free of charge, then the board shall 
 procure such books as shall be needed, in the manner provided by 
 law for the purchase of text-books, and loan them to the pupils. 
 The board shall hold pupils responsible for any damage to, loss of, 
 or failure to return any such books, ar.d shall adopt such rules and 
 regulations as may be reasonable and necessary for the keeping and 
 preservation thereof. Any pupil shall be allowed to purchase any 
 text-book used in the school at cost. No pupil already supplied with 
 text-books shall be supplied with others without charge until needed. 
 The electors may, at any election called as provided in the last sec- 
 tion, direct the board to discontinue the loaning of text-books to 
 pupils. [Same, 2-6.] 
 
 SECTION 2837. As much of the success of free text-books will depend upon 
 the rules and regulations adopted by the board to govern the care and use of 
 the books, a board should take more than the usual pains to adopt plain, compre- 
 hensive, and effective rules for the guidance of all concerned. 
 
90 
 
 BLANK FORMS. 
 
 BLANK FORMS. 
 
 NUMBER 1. SECTION 2737. 
 ( Teacher's certificate. ) 
 
 TEACHER'S CLASS CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, \ 
 , Iowa, , 189. . ) 
 
 This certifies that has passed a satisfactory 
 
 examination in the branches named herein, with 
 
 RESULT OF PER CENT. tlie results appended, is of good moral character, 
 EXAMINATIONS. and is in all other respects possessed of the nec- 
 
 essary qualifications as an instructor. I hereby 
 
 authorize to teach the subjects named in 
 
 Writing ......... ... .. an y public school of county for a period 
 
 Arithmetic of months from the date of this certificate. 
 
 Geography 
 Grammar 
 
 <*""ity Superinendent. 
 
 STUB FOR ABOVE FORM. STUB FOR NEXT FORM. 
 
 No No 
 
 Granted to Granted to 
 
 Postoffice Postoffice 
 
 Age Terms taught Age Terms taught 
 
 Granted , 189. . Grantes , 189. 
 
 Expires , 189. . Expires. , 189. 
 
 RESULT OF EXAMINATIONS RESULT OF EXAMINATIONS. 
 
 Orthography ~ .7 
 
 Writin 
 
 Writing Arithmetic 
 
 Arithmetic 
 
 geography 
 
 Grammar n s History 
 
 U.S. History Physiology, etc. 
 
 Physiology, etc Didactics 
 
 Elementary Civics 
 Elementary Algebra 
 Elements of Physics 
 Elementary Economics 
 
BLANK FORMS. 
 
 91 
 
 NUMBER 2. SECTION 2737. 
 
 (Teacher's certificate for two years.) 
 
 TEACHER'S ............ CLASS CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 
 Iowa, .................. 189 ____ 
 
 RESULT OF 
 EXAMINATIONS. 
 
 
 This certifies that ................................. . . .has passed a satisfactory 
 
 examination in the branches named herein, 
 with the results appended, is of good 
 moral character, has had thirty-six weeks > 
 successful experience in teaching, and i 
 in all other respects possessed of the nee- 
 essary qualifications as an instructor. I 
 
 Hereby authorize ......................... 
 
 to teach the subjects named in any public 
 school of .................... county for a 
 
 period of two years from the date of thia 
 
 Orthography 
 Reading 
 
 Geography 
 Grammar 
 U- S. History 
 
 Elementary Civics 
 Elementary Algebra 
 Elements of Physics 
 Elementary Economics 
 
 County Superintendent. 
 
 NUMBER 3. SECTION 2737. 
 (Certificate for special brandies. ) 
 TEACHER'S SPECIAL CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, ) 
 , Iowa, , 189.. ) 
 
 This certifies that has passed a satisfactory examina- 
 tion in the special studies written herein, is of good moral character, and is in all 
 other respects possessed of the necessary qualifications as an instructor. I hereby 
 
 authorize. . . .to teach only the branches named in any public school of 
 
 county for a period of months from the date of this certificate. 
 
 No 
 
 County Superintendent. 
 
 STUB FOR ABOVE. NOTE. This is printed on the face of the cer- 
 
 tificate, similar to Form 2. 
 
 No =================== 
 
 Granted to 
 
 RESULT OF EXAMINATIONS. 
 
 Postoflice 
 
 Age Terms taught 
 
 Granted , 189. . 
 
 Expires , 189. . 
 
 RESULT OF EXAMINATIONS. 
 
92 
 
 BLANK FORMS. 
 
 NUMBER 4 SECTION 2737. 
 
 REVOCATION OF TEACHER'S CERTIFICATE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, ) 
 
 , Iowa, , 189.. ) 
 
 To Boards of Directors: 
 
 You are hereby notified that a certificate to teach, granted to , 
 
 dated , 189. . , is hereby revoked in accordance with the provisions 
 
 of section 2737, the said revocation to take effect from the date hereof. 
 
 County Superintendent. 
 NUMBER 5. SECTION 2738. 
 
 APPLICATION FOR TEACHERS' NORMAL INSTITUTE. 
 
 OFFICE OF COUNTY SUPERINTENDENT, i 
 
 , Iowa, , 189. . ) 
 
 To tlie Superintendent of Public Instruction: 
 
 I desire to hold the annual normal institute for county 
 
 at , Iowa, commencing- on the day of , 
 
 189. ., and closing- on the day of , 189. . 
 
 I shall act as director, and have selected, subject to your approval, 
 
 as conductor, and , , , as 
 
 instructors, and hereby request your concurrence in these arrangements. 
 
 County Superintendent. 
 NUMBER 6. SECTION 2738. 
 
 MONTHLY REPORT OF INSTITUTE FUND. 
 
 Received from examination fees, for the month of , and paid 
 
 to the treasurer of county, Iowa: 
 
 AMOUNT AMOUNT 
 
 NAME OF APPLICANT. RECEIVED. NAME OF APPLICANT. RECEIV ED. 
 
 iL ..$.. J26 $ [.... 
 
 2| '27 |.... 
 
 * -* * * * * * * * * * 
 
 24.. 49|.. I 
 
 25 50 
 
 | I Total |$ 
 
 I certify that the above report is correct. 
 
 , Iowa, 
 
 County Superintendent. 
 1, 189.. 
 
BLANK FORMS. 
 
 93 
 
 NUMBER 7. SECTION 2738. 
 
 REPORT OP REGISTRATION FEES, INSTITUTE FUND. 
 
 Received from registration fees of normal institute, held at 
 
 commencing , 189 . . 
 
 NAME OF TEACHER. ^1^). NAME F TEACHER ' RECEDED. 
 
 1 .. $ 151 $ 
 
 2 .... 152 
 
 * -X- * * * * # * * * * 
 
 149 299 
 
 150 State appropriation 
 
 Total $ 
 
 I hereby certify that the above report is correct. 
 
 , Iowa. 
 
 1, 189 . . County Superintendent. 
 
 NUMBER 8. SECTION 2738. 
 
 RECEIPT OF INSTITUTE FUND. 
 $ 
 
 Received of , county superintendent, 
 
 dollars institute fund. 
 
 Iowa, 
 
 1, 189. . County Treasurer. 
 
 NUMBER 9. SECTION 2738. 
 ORDER ON INSTITUTE FUND. 
 
 OFFICE OF COUNTY SUPERINTENDENT, 
 
 $ , Iowa, , 189.. 
 
 To , Treasurer of county: 
 
 Pay to , or order dollars out of the 
 
 institute fund, for , as by bill No , approved this 
 
 day, as required by law, and on file in my office. 
 
 No 
 
 County Superintendent. 
 
 NUMBER 10. SECTION 2746. 
 
 NOTICE OF ANNUAL MEETING. 
 
 Notice is hereby given to the qualified electors of the 
 
 of ^. , in the county of state of Iowa, 
 
 that the annual meeting of said district will be held at , 
 
 on the second Monday in March, 189 , at o'clock m., and closing at 
 
 o'clock m. 
 
 A director will be elected for a term of years, to succeed 
 
 , one for years, to succeed 
 
 . , and . . 
 
94 BLANK FORMS. 
 
 The meeting will be open for the transaction of such business as may legally 
 come before it, and the board has directed that the following propositions shall 
 be submitted to and determined by the voters: 
 
 ,,189.. Secretary. 
 
 NUMBER 11. SECTION 2746. 
 
 PROCEEDINGS OF ANNUAL, MEETING. 
 
 March...., 189.. 
 
 The electors of the 
 
 of in the county of , state of 
 
 Iowa, assembled at , pursuant to notice. The 
 
 meeting was called to order by the president at o'clock, m. The 
 
 secretary being absent, was elected secretary. 
 
 The order of business and powers of the meeting were stated by the 
 
 president. It was moved by , seconded by 
 
 , that the ballots provide for voting upon a 
 
 tax of dollars for schoolhouse purposes. 
 
 Carried, votes for and votes against. 
 
 On motion of seconded by , 
 
 it was voted that the ballots provide for voting a tax of eight hundred dollars for 
 the purpose of building a schoolhouse in subdistrict No 
 
 It was ordered that the ballots afford opportunity to vote upon the proposition 
 
 to transfer .......dollars of unused schoolhouse fund to the teachers' 
 
 (contingent) fund. 
 
 The polls for voting were opened at minutes after o'clock. 
 
 At minutes after o'clock the polls were closed, the ballots were 
 
 counted, and the vote upon the several matters voted upon was in each case as 
 follows: 
 
 The time required by law during which the meeting must be kept open having 
 passed, the meeting adjourned at minutes after o'clock. 
 
 Secretary. Chairman. 
 
 NUMBER 12. SECTION 2746. 
 
 CERTIFICATE OF ELECTION. . 
 
 We hereby certify that at the annual meeting of the , 
 
 in the county of , state of Iowa, held on the second 
 
 Monday in March, 189. ., was duly elected 
 
 of said district, for a term of years, 
 
 to succeed . . 
 
 189.. Judges of Election. 
 
BLANK FORMS. 95 
 
 NUMBER 13. SECTION 2751. 
 
 NOTICE OF SUBDISTRICT MEETING. 
 
 Notice is hereby given that a meeting of the qualified voters of subdistrict 
 
 No , of the school township of , in the county of , 
 
 state of Iowa, will be held at , on the first Monday in March, 189. . , 
 
 at. ... o'clock m., for the election of a director and for the transaction of such 
 
 other business as may legally come before it. The question whether seven hun- 
 dred dollars schoolhouse tax shall be voted upon the property of the subdistrict 
 will be determined by ballot at such meeting. 
 
 , 189 . . Director of Subdistrict No. 
 
 NUMBER 14. SECTION 2751. 
 
 PROCEEDINGS OF ANNUAL SUBDISTRICT MEETING. 
 
 March ...., 189.. 
 
 The voters of subdistrict No , of the school township of , 
 
 in the county of , state of Iowa, met pursuant to notice. 
 
 was appointed chairman, and secretary of 
 
 the meeting. 
 
 The chairman announced the powers of the meeting. 
 
 The polls were opened at minutes after o'clock. At minutes after 
 
 o'clock the polls were closed, and the judges proceeded to count the ballots. 
 
 For director votes were cast for , votes for 
 
 , and votes for , upon which 
 
 was declared elected director for the ensuing year, and he was given his certifi- 
 cate of election. Upon the proposition to vote a schoolhouse tax of seven hundred 
 
 dollars upon this subdistrict, votes were cast for the tax, and 
 
 against the tax. It was declared that the vote was 
 
 At minutes after o'clock, on motion of , the meeting 
 
 adjourned. 
 
 Secretary. Chairman. 
 
 NUMBER 15. SECTION 2751. 
 
 CERTIFICATE OF ELECTION FOR DIRECTOR OF SUBDISTRICT. 
 
 We hereby certify that at the annual meeting of subdistrict No , of the 
 
 school township of , in the county of , state 
 
 of Iowa, held on the first Monday in March, 189 . . , was 
 
 duly elected director of said subdistrict. 
 
 , 189. . Judges of Election. 
 
 NUMBER 16. SECTION 2753. 
 
 CERTIFICATE OF TAX VOTED BY SUBDISTRICT MEETING. 
 
 To , Secretary Board of Directors of the School Township 
 
 of : 
 
 I hereby certify that the voters of subdistrict No , of the school township 
 
 of , in the county of , state of Iowa, at the 
 
 meeting held , 189. . , voted a tax of dollars for the 
 
 erection of a schoolhouse in said subdistrict. 
 
 , 189 . . Secretary of Subdistrict Meeting. 
 
96 BLANK FORMS. 
 
 NUMBER 17. SECTION 2760. 
 
 BOND OF SECRETARY OR TREASURER. 
 
 Know all Men by tliese Presents: That I, , as principal, 
 
 and and as sureties, 
 
 of the in the county of , state of 
 
 Iowa, are held and firmly bound unto the , in the 
 
 said county and state, in the penal sum of dollars, to be paid 
 
 to the said , for which payment, well and truly 
 
 to be made, we bind ourselves, our heirs, executors and administrators firmly by 
 these presents. 
 
 The condition of this obligation is that as 
 
 of the , in the county of , 
 
 state of Iowa, he will render a true account of his office and of his doings therein 
 to the proper authority, when required thereby or by law; that he will promptly 
 pay over to the officer or person entitled thereto all moneys which may come into 
 his hands by virtue of his office; that he will promptly account for all balances of 
 money remaining in his hands at the termination of his office; that he will exercise 
 all reasonable diligence and care in the preservation and lawful disposal of all 
 money, books, papers, securities, or other property appertaining to Ms said office, 
 and deliver them to his successor, or to any other person authorized to receive 
 the same; and that he will faithfully and impartially, without fear, favor, fraud 
 or oppression, discharge all duties now or hereafter required of his office by law; 
 and the sureties on such bond shall be liable for all money or public property that 
 may come into the hands of such officer at any time during his possession of such 
 office. 
 
 In testimony whereof we have hereunto subscribed our names this day 
 
 of ,189.. 
 
 Principal. 
 
 Sureties. 
 
 STATE OF IOWA, \ 
 
 county, f ' 
 
 I, : , do solemnly swear (or affirm) that I will 
 
 support the constitution of the United States and the constitution of the state of 
 Iowa, and that I will faithfully and impartially, to the best of my ability, discharge 
 
 all the duties of the office of secretary (or treasurer) of the , 
 
 in the county of , state of Iowa, as now or hereafter required by 
 
 law. 
 
 Subscribed and sworn to before me by the above named . 
 
 this day of , 189. . 
 
 In testimony whereof witness my hand and official seal. 
 
 [SEAL.] Notary Public. 
 
 STATE OF IOWA, ) gg 
 
 county, f ' 
 
 I , being duly sworn, deposo and say 
 
 that I am a resident freeholder of the state of Iowa, and am worth the sum of 
 
 dollars beyond the sum of my debts, and have property 
 
 liable to execution in this state equal to the sum of dollars. 
 
BLANK FORMS. 
 
 97 
 
 Subscribed and sworn to before me by the above named 
 
 this day of , 189. . 
 
 In testimony whereof witness my hand and official seal. 
 
 [SEAL,.] 
 
 NUMBER 18. SECTION 2762. 
 
 DRAFT ON THE COUNTY TREASURER. 
 
 Notary Public. 
 
 ,189. 
 
 To , County Treasurer: 
 
 Pay to 5 treasurer of the , 
 
 in the county of state of Iowa, dollars teachers' 
 
 fund, dollars schoolhouse fund, and dollars contingent 
 
 fund, being the amount of tax collected and due this district for the quarter 
 ending ,189. ., as shown by your notice of , 189.. 
 
 Secretary. 
 
 NUMBER 19. SECTION 2762. 
 
 ORDER ON DISTRICT TREASURER. 
 
 President. 
 
 189. 
 
 To , Treasurer of the : 
 
 Pay to , or order, dollars from the fund, 
 
 for.. 
 
 Secretary. 
 
 President. 
 
 NUMBER 20. SECTION 2762. 
 
 ORDER REGISTER OF SECRETARY AND TREASURER. 
 
 1 o. ** w K-M! Number. || 
 
 DATE. 
 
 IN WHOSE FAVOR 
 DRAWN. 
 
 FOR WHAT PURPOSE. 
 
 Teachers' 
 fund. 
 
 Schoolhouse 
 fund. 
 
 Contingent 
 fund. 
 
 April 7,189.. 
 April 7, 189. . 
 April 7,189.. 
 May 10,189.. 
 May 14,189.. 
 
 John Smith 
 
 Teaching school 
 Repairs on schoolhouse. 
 
 $45.00 
 
 $"*5!66 
 
 
 A. J. Adams 
 Joel B. Young. . . . 
 Thomas Harrison. 
 Sarah Johnson . . . 
 
 Fuel 
 
 
 $ 5.00 
 
 Erection of schoolhouse 
 Teaching school 
 
 
 125.00 
 
 63.74 
 
 NUMBER 21. SECTION 2764. 
 
 REGISTER OF PERSONS OF SCHOOL AGE. 
 
 NAME. 
 
 SEX. 
 
 AGE 
 
 PARENT OR GUARDIAN. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ., 189. 
 
98 BLANK FORMS. 
 
 NUMBER 22. SECTION 2766. 
 
 CERTIFICATE TO COUNTY OFFICERS. 
 
 I hereby certify that at a meeting of the board of directors of the 
 
 Ueld on the 'day of , 189. . , the following officers were 
 
 elected and have qualified according- to law: 
 
 > to the office of , postoffice 
 
 , to the office of , postoffice 
 
 , to the office of , postoffice 
 
 Secretary. 
 
 NUMBER 23. SECTION 2767. 
 
 CERTIFICATE OF TAXES. 
 
 To the Board of Supervisors of County: 
 
 I hereby certify that a tax of dollars has been determined by 
 
 the board of directors of the , in the county of , 
 
 state of Iowa, for the teachers' fund, and dollars for the contingent 
 
 fund, as provided in section 2806. 
 
 ,189.. 
 
 Secretary. 
 
 NUMBER 24. SECTION 2767. 
 
 CERTIFICATE APPORTIONING TAXES. 
 
 To the Board of Supervisors of County: 
 
 I hereby certify that a tax voted by the voters of the school township of 
 
 , in the county of , state of Iowa, of 
 
 dollars for schoolhouse purposes, has been apportioned by the board of directors 
 among the subdistricts as follows: 
 
 Upon subdistrict No. 1, dollars. 
 
 Upon subdistrict No. 2, dollars. 
 
 Upon subdistrict No. 3 dollars. 
 
 Upon subdistrict No. 4, dollars. 
 
 Upon subdistrict No. 5, dollars. 
 
 ,189.. 
 
 Secretary. 
 
 NUMBER 25. SECTION 2767. 
 
 CERTIFICATE OF TAX VOTED BY A SUBDISTRICT. 
 
 To the Board of Supervisors of County: 
 
 I am directed by the board of directors of the school township of , 
 
 in the county of , state of Iowa, to certify that the voters of sub- 
 district No of said district, at a meeting held , 189. . , voted 
 
 that dollars be raised on the property within the subdistrict for 
 
 schoolhouse fund. 
 
 , 189 . . 
 
 Secretary. 
 
BLANK FORMS. 
 
 99 
 
 NUMBER 26. SECTION 2768. 
 
 TREASURER'S ACCOUNT. 
 
 , TREASURER, in account with teachers 1 (schoolhouse or con- 
 tingent) fund. DR. 
 
 Sept. 28, 189. . To cash received of county treasurer, semi-anDual appor- 
 
 tionment ' $ 270.00 
 
 Oct. 5, 189. . To cash received of county treasurer, district tax 75.00 
 
 Jan. 4, 189. . To cash received of county treasurer, district tax 150.00 
 
 April 5, 189. . To cash received of county treasurer, district tax 197.00 
 
 April 5, 189. . To cash received Of county treasurer, semi-annual appor- 
 tionment 135.00 
 
 July 5, 189. . To cash received of county treasurer, district tax 100.00 
 
 , , TREASURER, in account with teachers' fund. CR. 
 
 Oct. 13, 189. . By cash pafd James btogan, on order No. 1. . $ 136.00 
 
 Oct. 13,189.. By cash paid Sarah Smith, on order No. 3 89.00 
 
 Nov. 14, 189. . By cash paid Nicholas Hoover, on order No. 4 135.00 
 
 May 3, 189. . By cash paid Louisa Martin, on order No. 7 82.00 
 
 May 4, 189. . By cash paid Jas. M. Higgins, on order No. 10 115.00 
 
 May 4, 189. . By cash paid Stephen Phelps, on order No. 11 175.00 
 
 May 5, 189. . By cash paid Amelia Mason, on order No. 13 95.00 
 
 NUMBER 27. SECTION 2771. 
 
 CERTIFICATE OF APPOINTMENT. 
 
 To : 
 
 You are hereby notified that at a meeting of the board of directors of the 
 
 ; , in the county of , state of Iowa, on the 
 
 day of , 189. ., you were appointed of said to fill 
 
 a vacancy occasioned by the of 
 
 , 189.. 
 
 Secretary. 
 
 NUMBER 28. SECTION 2773. 
 
 DEED FOR SCHOOLHOUSE SITE. 
 
 Know all men by these presents: That we, , and 
 
 , h , of the county of , state of 
 
 Iowa, in consideration of the sum of dollars in hand paid, do hereby sell 
 
 and convey unto the , in the county of f state of 
 
 Iowa, the following described premises, situated in the county of , 
 
 state of Iowa, to-wit: (Here describe the premises.) 
 
 And we do hereby covenant with the said that we are lawfully 
 
 seized of said premises; that they are free from incumbrance; that we have good 
 right and lawful authority to sell the same; and we do hereby covenant to warrant 
 and defend the title to the said premises against the lawful claims of all persons 
 whomsoever. 
 
 Signed this day of , 189. . 
 
 STATE OF IOWA, ) 
 county, J " 
 
 On this day of , 189. . , before me, a notary public in and for 
 
 said county, personally came and , h , 
 
100 BLANK FORMS. 
 
 personally to me known to be the identical persons whose names are affixed to 
 the above deed, for the purposes therein expressed. 
 
 Witness my hand and notarial seal this day 
 
 [L.S.] of , 189.. 
 
 Notary Public. 
 
 NUMBER 29. SECTION 2773. 
 LEASE OF SCHOOLHOUSE SITE. 
 
 Know all men by these presents: That , of the county 
 
 of , state of Iowa, for the consideration hereinafter mentioned, does 
 
 hereby lease unto , president of the board of directors of 
 
 the , in the county of , state of Iowa, or his 
 
 successor in office, for the use of said for school purposes, the 
 
 following described premises, situated in the county and state aforesaid, to-wit: 
 (Here describe the lot or parcel of ground) together with all the privileges thereto 
 belonging, for the term of from the day of , 189. . 
 
 The said president as aforesaid, or his successor in 
 
 office, hereby agrees to pay the said for the use of said 
 
 premises, the rate of dollars to be paid at the 
 
 expiration of this lease. 
 
 In testimony whereof we have hereunto subscribed our names this day 
 
 of ,189.. 
 
 Signed in duplicate. 
 
 President 
 
 NUMBER 30. SECTION 2778. 
 
 CONTRACT BETWEEN BOARD AND TEACHER. 
 
 This contract between , a teacher of 
 
 county, Iowa, and , president 
 
 board of directors of the , in the county of 
 
 , state of Iowa, witnesseth: 
 
 That the said agrees to teach the public 
 
 school in of said district for the term of 
 
 weeks, commencing on the day of , 189 . . , 
 
 and well and faithfully to perform the duties of teacher in said school, according 
 to the law, and the rules legally established for the government thereof, including 
 the exercise of due diligence in the preservation of the school buildings, grounds, 
 furniture, apparatus, and other school property. 
 
 In consideration of said services, the said , as 
 
 president of the board, in behalf of said agrees 
 
 to pay the said the sum of dollars 
 
 a month for school months, at the end of 
 
 Witness our hands this day of 189. . 
 
 Teachtr. 
 President. 
 
BLANK FORMS. 101 
 
 NUMBER 31. SECTION 2779. 
 
 PROPOSALS FOB ERECTION (OR REPAIR) OF SCHOOLHOUSE. 
 
 Notice is hereby given that the proposals for the erection (or repair) of a school- 
 house in the , in the county of , will be 
 
 received by the undersigned, at his office in (where plans 
 
 and specifications may be seen), until 1 o'clock p. m., , 189. ., 
 
 at which time the contract will be awarded to the lowest responsible bidder. The 
 board reserves the right to reject any or all bids. 
 
 , 189 . . 
 
 Secretary. 
 
 NUMBER 32. SECTION 2779. 
 
 CONTRACT FOR BUILDING A SCHOOLHOUSE. 
 
 Contract made and entered into between , of the county 
 
 of , state of Iowa, and , in behalf of the 
 
 , in the county of , state of Iowa, and his 
 
 successors in office. 
 
 In consideration of the sum of dollars, to be paid as herein- 
 after specified, the said hereby agrees to build a 
 
 schoolhouse, and to furnish the material therefor, according to the plans and 
 specifications for the erection of said house hereto appended, at 
 
 in said The said house is to be built of the best material in a 
 
 substantial, workmanlike manner, and to be completed and delivered to the said 
 
 , or his successors in office, free from any lien for 
 
 work done or material furnished, on or before the day of 
 
 189. . And in case the said house is not finished by the time herein specified, the 
 
 said shall forfeit and pay to the said ' 
 
 or his successors in office, for the use of said , the sum of 
 
 dollars, and shall also be liable for all damages that may 
 
 result to said in consequence of said failure. 
 
 The said , or his successors in office, in behalf of said 
 
 , hereby agrees to pay the said the sum 
 
 of dollars when the foundation of said house is finished; 
 
 and the further sum of dollars when the walls are up and ready 
 
 for the roof; and the remaining sum of dollars when the said 
 
 house is finished and delivered as herein stipulated. 
 
 It is further agreed that this contract shall not be sublet, transferred, or 
 assigned, without the consent of both parties. 
 
 Witness our hands this day of , 189. . 
 
 Contractor. 
 President. 
 
 NUMBER 33. SECTION 2779. 
 
 BOND FOR PERFORMANCE OF CONTRACT. 
 
 Know all Men by these Presents: That we, , as principal, 
 
 and and as sureties, of the county of 
 
 , state of Iowa, are held and firmly bound unto the 
 
 , in the county of , stateof Iowa, 
 
 in the penal sum of dollars, for the payment of which, well and truly 
 
 to be made, we bind ourselves, our heirs, administrators and assigns, jointly, 
 severally and firmly by these presents. 
 
102 
 
 BLANK FORMS. 
 
 The condition of the above obligation is such that, whereas the said 
 
 has this day entered into a written contract with , 
 
 as president of the board of directors of the , in the county 
 
 of , state of Iowa, and his successors in office, for the erection 
 
 and completion of a schoolhouse in said , by the 
 
 day of , 189. . , according to the plans and specifications for the 
 
 construction of said house appended to said contract. 
 
 Now, therefore, if the said shall faithfully and 
 
 fully comply with all the stipulations of said contract, then this obligation shall 
 be void, otherwise remain in full force and virtue in law. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of , 189.. 
 
 Principal. 
 
 NUMBER 34. SECTION 2785. 
 
 LIST OP PARENTS AND CHILDREN, KEPT BY DIRECTOR. 
 
 PARENTS OR GUARDIANS. 
 
 NAMES OF CHILDREN. 
 
 SEX. 
 
 AGE. 
 
 John Smith 
 
 Peter Smith 
 
 Male .... 
 
 10 vears. 
 
 
 Eliza Smith . 
 
 Female 
 
 12 years. 
 
 James Jones 
 
 ^Villiam Jones 
 
 Male 
 
 8 years. 
 
 
 Charles Peters (ward). . . . 
 
 Male 
 
 15 years. 
 
 Anna Byron 
 
 James Byron 
 
 Male 
 
 12 years. 
 
BLANK FORMS. 
 
 103 
 
 Register of the school taught in subdistrict No , of the school township of , county of state 
 of Iowa, for the term commencing May 18, 189.., and closing , 189 
 , Teacher. 
 
 BRANCHES STUDIED. 
 
 
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 AJOJSIJJ *s "H. 
 
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 ASoiois&nd 
 
 * 
 
 
 
 bound copy of school register. In the above form, E indicates the date o 
 m the forenoon; ice, ten minutes late in the afternoon, excused. The abse 
 is indicated by a dot, which is afterward changed by figures, or a diagonal 
 
 register of said school. 
 
 jBcauiBJ) 
 
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 1* 
 
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 oti9mu.,u V IBTOW 
 
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 Saiju^ * * 
 
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 Sai P B 9H * 
 
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 sABp at aouBpua^B JBJOX I ^ N 
 
 1 1- ht 
 
 M 
 
 iff 
 
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 K 
 
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 DAY OF MONTH. 
 
 AJBUI 
 
 -rans Aj3|39j\Y 
 
 co 
 
 vn 
 
 m 
 
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 e "M 
 
 x 
 
 
 
 t-a 
 
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 -cans Xi3jaa^V "* 
 
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 U"i 
 
 62 -j i 
 
 
 
 NOTE The board should supply each school room in the district with a 
 absence in the forenoon; t, absence in the afternoon; 20, twenty minutes late 
 indicates that the scholar was present the entire day. Absence at roll-call 
 circumstances require; * indicates branch studied. 
 
 I hereby certify that the above is a faithful and correct 
 
 82 "qx 
 
 1 
 
 
 ^ -M 
 
 
 
 
 
 92 "x 
 
 
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 S2-PM 
 
 X 
 
 
 -rans XH93AV 
 
 tn in 
 
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 gi "W I W W 
 
 W 
 
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 PUPILS. 
 
 93 V 
 
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 NAME. 
 
 1 I 
 
 William Jones... 
 
 Charles Peters... 
 
 j 9 qum N 
 
 M 
 
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104 
 
 BLANK FORMS. 
 
 NUMBER 36. SECTION 2789. 
 
 TEACHER'S TERM REPORT. 
 
 Register of the school taught in subdistrict number , of the school town- 
 ship of , in the county of , state of Iowa, for the 
 
 term commencing on the 18th day of May, 189. . , and ending , 189. . 
 
 PUPILS. 
 
 ATTENDANCE IN DAYS 
 FOR WEEKS COM- 
 MENCING 
 
 03* 
 
 .2 
 
 d 
 
 1 
 
 1 
 3 
 
 BRANCHES STUDIED. 
 
 1 
 
 01 
 
 rH 
 
 
 d 
 S 
 1-3 
 
 00 
 
 1 
 
 
 Orthography. 
 
 Reading. 
 
 Writing. 
 
 Arithmetic. 
 
 Geography. 
 
 Grammar. 
 
 Physiology. 
 
 iC' 
 
 B 
 GG 
 
 s 
 
 i 
 i 
 
 w 
 
 1 
 
 NAME. 
 
 & 
 
 1 
 2 
 3 
 4 
 
 Peter Smith 
 
 10 
 
 4.5 
 
 4 
 
 5 
 
 
 
 
 
 
 * 
 
 * 
 
 * 
 
 
 X- 
 
 
 
 ~* 
 
 X- 
 
 
 4.5 
 4 
 
 4.5 
 
 3 
 
 
 William Jones.. . . 
 
 
 
 
 
 
 
 
 8 
 
 5 
 
 5 
 
 
 * 
 
 * 
 
 * 
 
 
 
 
 
 
 * 
 
 X- 
 
 Charles Peters 
 
 15 
 
 5 
 
 5 
 
 5 
 
 
 
 
 * 
 
 * 
 
 X- 
 
 * 
 
 
 x- 
 
 
 
 
 I hereby certify that the above is a faithful and correct register of said school. 
 
 Teacher. 
 
 NUMBER 37. SECTION 2803. 
 
 NOTICE PERMITTING ATTENDANCE FROM ANOTHER DISTRICT. 
 
 To Secretary of the Board of Directors of 
 
 the : 
 
 Notice is hereby given that 
 
 and , children residing in the ., 
 
 have been granted permission by the board and county superintendent to attend 
 
 school in , commencing on the 
 
 day of , 189. . , for a term of months. 
 
 , 189.. 
 
 President. 
 
 Secretary. 
 
 NUMBER 38. SECTION 2808. 
 
 NOTICE OF SEMI-ANNUAL APPORTIONMENT. 
 
 OFFICE OF COUNTY AUDITOR, ) 
 
 , 189.. \ 
 
 To , President of the 
 
 You are hereby notified that according to the semi-annual apportionment made 
 this day, as provided by section 2808, the sum of .dollars is due the 
 
BLANK FORMS. 103 
 
 , in the county of , state -of Iowa, for which 
 
 I hand you herewith my warrant on the county treasurer. 
 
 County Auditor. 
 
 NUMBER 39. SECTION 2809. 
 
 CERTIFICATE OF ELECTION OF COUNTY SUPERINTENDENT. 
 
 OFFICE OF COUNTY AUDITOR, 
 
 ., 189. 
 
 I hereby certify that was elected to the office of county 
 
 superintendent, for the term commencing January , 189. . 
 
 His postoffice address is , Iowa. 
 
 County Auditor. 
 
 NUMBER 40. SECTION 2809. 
 
 CERTIFICATE OF QUALIFICATION OF COUNTY SUPERINTENDENT. 
 
 OFFICE OF COUNTY AUDITOR, 
 
 ., 189. 
 
 I hereby certify that has duly qualified for the 
 
 office of county superintendent for the term commencing' January , 189. . 
 
 His postoffice address is , Iowa. 
 
 County Auditor- 
 
 NUMBER 41. SECTION 2810. 
 NOTICE OF SCHOOL TAX COLLECTED. 
 
 OFFICE OF COUNTY TREASURER, 
 
 , 189. 
 
 To , President of the Board of Directors of the 
 
 You are hereby notified that the amount now collected and due the . 
 
 , in county, state of Iowa, is: 
 
 $ teachers' fund. 
 
 $ schoolhouse fund. 
 
 $ contingent fund. 
 
 County Treasurer. 
 
 NUMBER 42. SECTION 2815. 
 
 APPLICATION FOR APPOINTMENT OF REFEREES. 
 
 To , Superintendent of county: 
 
 In accordance with the action of the board of directors of the 
 
 , you are hereby requested to appoint three 
 
 disinterested persons to inspect, and assess the damages which the owner will 
 
106 BLANK FORMS. 
 
 sustain by appropriating 1 for school purposes, the following described real estate: 
 
 President. 
 Secretary. 
 
 NUMBER 43. SECTION 2815. 
 
 APPOINTMENT OP REFEREES. 
 
 To , and 
 
 You are hereby appointed and constituted a board of referees, under the pro- 
 visions of section 2815, to assess the damages which the owner will sustain by 
 the appropriation for school purposes, of the following described real estate: 
 
 in , in the county of , state of 
 
 Iowa, .containing one acre of land, exclusive of highway. 
 
 You will therefore, on the day of .- , 189. . , 
 
 at o'clock m., proceed to examine the real estate above described, and 
 
 assess, under oath, the cash damages which the owner will sustain by the appro- 
 priation of said land for school purposes, and immediately thereafter report to me 
 in writing the amount of said damages. 
 
 , 189.. 
 
 County Superintendent. 
 
 OATH OF REFEREES. 
 
 We, , and 
 
 do solemnly swear that we will well and truly, and to the best of our ability per- 
 form all of the duties imposed upon us by the foregoing commission. 
 
 Subscribed and sworn to before me by , 
 
 and , this day of , 189. . 
 
 Notary Public. 
 
 NUMBER 44. SECTION 2815. 
 
 NOTICE TO OWNER OF REAL, ESTATE. 
 
 To , county: 
 
 You are hereby notified that I have this day appointed referees to assess the 
 damages which the owner will sustain by the appropriation for school purposes 
 of the following described real estate 
 
 Said referees will meet at the above described real estate on the day oi 
 
 , 189. ., at o'clock m., and assess said damages as provided 
 
 by law. 
 
 ,189.. 
 
 County Superintendent. 
 
BLANK FORMS. 107 
 
 NUMBER 45. -SECTION 2815. 
 
 REPORT OF REFEREES. 
 
 To , Superintendent of county: 
 
 We, the undersigned, appointed to assess the damages which the owner will 
 sustain by the appropriation, for school purposes, of the following described real 
 estate. . . 
 
 do hereby report that we have on this day of . . . ., 189. . 
 
 carefully examined said described real estate and have assessed the damages at 
 
 dollars. 
 
 .. 189.. 
 
 Referees. 
 
 NUMBER 46. SECTION 2815. 
 NOTICE OF ASSESSMENT OF DAMAGES. 
 
 To , county: 
 
 You are hereby notified that referees were appointed to assess the damages 
 which the owner would sustain by the appropriation for school purposes of the 
 following described real estate 
 
 and that said referees met at said premises on the day of 
 
 189. . , and assessed said damages at dollars, as shown by their report 
 
 on file in my office. 
 
 , 189.. 
 
 County Superintendent. 
 
 NUMBER 47. SECTION 2818. 
 
 AFFIDAVIT OF APPEAL. 
 
 STATE OF IOWA, ) 
 county, f 8S< 
 
 v. 
 SCHOOL TOWNSHIP OF , 
 
 : 
 
 I, , being duly sworn, on oath, say: that on 
 
 the day of , 189. . , the board of directors of 
 
 said school township rendered a decision (or made an order) whereby (here state 
 facts showing affiant's interest in tlie decision, and the injury to that interest), that said 
 board in rendering the decision (or making the order) aforesaid, committed errors 
 as follows. (Here state the errors charged.) 
 
 Subscribed and sworn to by before me, this '. . day 
 
 of , 189.. 
 
 Notary Public. 
 
108 BLANK FORMS. 
 
 NUMBER 48. SECTION 2819. 
 
 NOTICE OF APPEAL. 
 
 STATE OF IOWA, 
 , county. 
 
 v. 
 SCHOOL TOWNSHIP OF 
 
 To Secretary Board of Directors of the School Town- 
 ship of 
 
 You are hereby notified that has filed in my office an affidavit 
 
 alleging- that said board of directors, on the day of , 189. . 
 
 made a decision (or an order) whereby (here describe the decision or order so that the 
 secretary may identify it), and claiming an appeal therefrom. You are therefore 
 required within ten days after receiving this notice, to file in my office a complete 
 transcript of the record of the proceedings of the board relating to said order, 
 together with copies of all papers filed with you pertaining to said action appealed 
 from. 
 
 ,189.. 
 
 County Superintendent. 
 
 NUMBER 49. SECTION 2819. 
 
 CERTIFICATE TO SECRETARY'S TRANSCRIPT. 
 
 I, , secretary of the board of directors of the school 
 
 township of , in the county of , state of 
 
 Iowa, hereby certify that the foregoing is a correct and complete transcript of 
 the record of all proceedings of the board and of all papers filed relating to the 
 
 case v 
 
 , 189.. 
 
 Secretary. 
 
 NUMBER 50. SECTION 2819. 
 NOTICE OF HEARING OF APPEAL. 
 
 STATE OF IOWA, 
 , county. 
 
 v. 
 SCHOOL TOWNSHIP OF , 
 
 To 
 
 You are hereby notified that there is on file in this office a transcript of the 
 
 proceedings of the board of directors of the school township of 
 
 at a meeting held on the day of , 189. ., in relation to 
 
 (here describe the decision or order appealed from), from which appeal has been taken; 
 
 and that the said appeal will be heard before me at on the 
 
 day of , 189 . . , at o'clock . . . . m. 
 
 , 189.. 
 
 County Superintendent. 
 
 NUMBER 51. SECTION 2820. 
 
 CERTIFICATE TO COUNTY SUPERINTENDENT'S TRANSCRIPT. 
 
 I, , superintendent of 
 
 county, state of Iowa, hereby certify that the foregoing is a correct and complete 
 
BLANK FORMS. 109 
 
 transcript of the records of all proceedings had, testimony given and papers filed 
 
 in my office, and my rulings thereon, also of my decision in the case 
 
 v 
 
 , 189 . 
 
 County Superintendent. 
 
 NDMBER 52. SECTION 2824. 
 
 BOND FOR SALE OF BOOKS AND SUPPLIES. 
 
 Know all Men by these Presents: 
 
 That we, , of the county of 
 
 as principal, and and , as sureties 
 
 are held and firmly bound unto the in the county of , state 
 
 of Iowa, in the penal sum of dollars, for the payment of which we 
 
 bind ourselves, our heirs, executors and administrators, firmly by these presents. 
 
 The Condition of tlie Foregoing Obligation is, That, whereas, the above named 
 
 , is to take charge of, care for, and account for, 
 
 all text-books and supplies, and to return all moneys received from the sale of 
 such books and supplies to the contingent fund of said district; now, if the said 
 
 shall promptly pay over to the treasurer of the district all 
 
 money which may come into his hands from the sale of books and supplies, and 
 shall account in full at any time for all books and supplies coming into his hands, 
 and shall deliver to any person or officer authorized to receive the same, all books 
 and supplies unsold, and make full settlement as required by law, then this bond 
 to be void, otherwise in full force. 
 
 Signed this day of , 189. . 
 
 NUMBER 53. SECTION 2828. 
 
 NOTICE TO PUBLISHERS OF TEXT-BOOKS. 
 
 Notice is hereby given that in accordance with law, bids will be received up 
 
 to of the day of , 189.., 
 
 by at for the following 
 
 text-books and supplies for the use of the schools of said 
 
 Approximate Number Needed for First Supply 
 
 Readers, First to Fifth, inclusive 
 
 Arithmetics, two books 
 
 Speller 
 
 Geographies, two books 
 
 United States History 
 
 Grammar 
 
 Language Lessons 
 
 Copy books, 1-5 inclusive 
 
 Physiology 
 
 Approximate number in attendance upon the schools of said 
 during the year 189. ., 
 
110 BLANK FORMS. 
 
 Samples of all text-books included in any bid must be deposited and remain in 
 the office of the county superintendent. 
 
 The board reserves the right to reject any or all bids, or any part thereof. 
 
 President. 
 
 Secretary. 
 
 , 189.. 
 
 NUMBER 54. SECTION 2830. 
 
 BOND OF CONTRACTOR TO FURNISH TEXT-BOOKS. 
 
 Know all Men by these Presents: That we, of 
 
 , as principal, and . . . . ; 
 
 , as sureties, are held and firmly bound unto the 
 
 in the penal sum of 
 
 to be paid to the said : for which pay- 
 ment well and truly to be made, we bind ourselves, our heirs, executors and 
 administrators, firmly by these presents. 
 
 The conditions of the above obligation are such that if the above bounden 
 
 shall well and truly fulfill and comply 
 
 with all the obligations of their contract made on the day 
 
 of 189. . , with the aforesaid 
 
 providing for the furnishing of school text-books at prices and on conditions set 
 forth in their said contract, a copy of which said contract is hereto attached and 
 made a part hereof, then this obligation to be void; otherwise to remain in full 
 force and effect. 
 
 In testimony whereof we have hereunto subscribed our names this 
 
 day of , 189.. 
 
 Principal. 
 Sureties. 
 
 NUMBER 55. SECTION 2831. 
 
 PETITION FOR COUNTY UNIFORMITY. 
 
 To County Superintendent: 
 
 We, the undersigned, holding the office of school director, ask for the adop- 
 tion of a uniform series of text-books in the schools of this county, and that you 
 take steps to submit the question to the electors of the county, at the annual 
 school meeting in March, as provided for by law. 
 
 NAMES. 
 
 DISTRICT NAME. 
 
 TOWNSHIP. 
 
 ,189. 
 
 
INDEX TO FORMS. HI 
 
 INDEX TO FORMS. 
 
 NO. PAGi. 
 
 Teacher's Certificate 1 90 
 
 Teacher's Certificate for Two Years -. . . 2 91 
 
 Certificate for Special Branches 3 91 
 
 Revocation of Teacher's Certificate 4 92 
 
 Application for Teachers' Normal Institute 5 92 
 
 Monthly Keport of Institute Fund 6 92 
 
 Report of Registration Fees, Institute Fund 7 93 
 
 Receipt for Institute Fund 8 93 
 
 Order on Institute Fund 9 93 
 
 Notice of Annual Meeting 10 93 
 
 Proceedings of Annual Meeting 31 94 
 
 Certificate of Election 12 94 
 
 Notice of Subdistrict Meeting 13 95 
 
 Proceedings of Annual Subdistrict Meeting 14 95 
 
 Certificate of Election of Director of Subdistrict 15 95 
 
 Certificate of Tax Voted by Subdistrict Meeting 16 95 
 
 Bond of Secretary or Treasurer 17 96 
 
 Draft on the County Treasurer 18 97 
 
 Order on District Treasurer 19 97 
 
 Order Register of Secretary and Treasurer 20 97 
 
 Register of Persons of School Age 21 97 
 
 Certificate to County Officers 22 98 
 
 Certificate of Tax 23 98 
 
 Certificate Apportioning Tax 24 98 
 
 Certificate of Tax Voted by a Subdistrict 25 98 
 
 Treasurer's Account 26 99 
 
 Certificate of Appointment 27 99 
 
 Deed for Schoolhouse Site 28 99 
 
 Lease of Schoolhouse Site 29 100 
 
 Contract Between Board and Teacher 30 100 
 
 Proposals for Erection or Repair of Schoolhouse 31 101 
 
 Contract for Building Schoolhouse 32 101 
 
 Bond for Performance of Contract 33 101 
 
 List of Parents and Children, kept by Director 34 102 
 
 Teacher's Daily Register 35 103 
 
 Teacher's Term Report 36 104 
 
 Notice Permitting Attendance from Another District 37 104 
 
 Notice of Semi-annual Apportionment 38 104 
 
 Certificate of Election of County Superintendent 39 105 
 
 Certificate of Qualification of County Superintendent 40 105 
 
 Notice of School Tax Collected 41 105 
 
 Application for Appointment of Referees 42 105 
 
 Appointment of Referees 43 106 
 
 Notice to Owner of Real Estate 44 106 
 
 Report of Referees 45 107 
 
 Notice of Assessment of Damages 46 107 
 
 Affidavit of Appeal 47 107 
 
 Notice of Appeal 48 108 
 
 Certificate to Secretary's Transcript 49 108 
 
 Notice of Hearing of Appeal 50 108 
 
 Certificate to County Superintendent's Transcript 51 108 
 
 Bond for Sale of Books and Supplies 52 109 
 
 Notice to Publishers of Text-books 53 109 
 
 Bond of Contractor to Furnish Text-books 54 HO 
 
 Petition for County Uniformity .55 no 
 
112 INDEX. 
 
 INDEX. 
 
 ACCOUNTS, by board educational examiners, 2633; by trustees normal school, 2680; 
 by county high school, 2729; of applicants examined, 2736; of institute fund, 
 2738; kept by secretary, 2761; kept by treasurer, 2768; audited by board, 2780; 
 for attendance, certified to county auditor, 2803; kept by county auditor, 2808; 
 of bonds sold, kept by treasurer, 2812; kept by county board of education, 2833. 
 
 ACRE, site taken by condemnation may not exceed, 2814. 
 
 ADJOURNMENT, less number of board than quorum may adjourn, 2771. 
 
 ADVERTISEMENT, proposals to build of $300 and over, must be invited by, 2779; 
 before text-books are adopted, 2828. 
 
 AFFIDAVIT, of appeal, of what it consists, 2818; is basis of appeal, 2818; must be 
 filed within thirty days, 2818; shall set forth error complained of in a plain 
 and concise manner, 2818. 
 
 AGE, of voter at school meeting-, 2748; for enumeration, 2764; for free attendance, 
 2773; of scholars in attendance kept, 2789: of scholar, 2804. 
 
 ALCOHOLIC DRINKS AND NARCOTICS, effects of, taught in normal school, 2677; 
 examination for teacher must include, 2736; certificate of teacher failing or 
 neglecting to teach effects of, must be revoked, 2737; county superintendent 
 must report manner and extent of instruction in effects of, 2739; law with 
 regard to teaching effects of, must be enforced, 2740; instruction as to effects 
 of, must be given all scholars, 2775. 
 
 ANNUAL MEETING, held second Monday in March, 2746; officers of, 2746; voters 
 at, 2747; powers of, 2749; voting at, must be by ballot, 2749; in independent 
 districts, 2754; notice of, 2763; vote of, must be executed by board, 2778; state- 
 ment of receipts and expenditures to be presented at, by board, 2780; vote tax 
 to pay judgment indebtedness, 2811; may authorize change of text-books, 2829; 
 may vote free text-books, 2836; may discontinue loaning of text-books, 2837. 
 
 APPARATUS, value of, reported to governor, 2625; amount expended for, in county 
 high school, reported, 2731; value of, reported by secretary, 2765; may be pur- 
 chased with contingent fund, 2783. 
 
 APPEAL, from decision by county superintendent, 2623; who may take, 2818; affi- 
 davit is basis of, 2818; county superintendent to notify secretary, 2819; secre- 
 tary to send up transcript, 2819; time of hearing fixed, 2819; interested per- 
 sons notified, 2819; testimony heard and decision rendered, 2819; decision final 
 unless appealed from, 2819; to superintendent public instruction, 2820; judg- 
 ment for money not to be rendered, 2820; county superintendent issues sub- 
 posnas, 2821; compels attendance of witnesses, 2821; compensation to witnesses 
 in, 2821; costs of, may be paid, 2821; transcript of costs filed with clerk of 
 court, 2821. 
 
 APPOINTMENT, of deputy, by superintendent public instruction. 2621; of teachers' 
 normal institute, 2622; of two members board educational examiners, by gov- 
 ernor, 2628; of assistant examiners, 2629; to fill vacancies in trustees county 
 high school, 2729; of deputy, by county superintendent, 2734; of assistants at 
 examination, 2735; of judges of election at annual meeting, 2746; qualifications 
 of person for, as school officer or member of board, 2748; of chairman and sec- 
 retary for subdistrict meeting, 2751; of judges of election in districts of 5,000 
 
INDEX. 113 
 
 or over, divided into election precincts, 2756; no teacher or other employe oJ 
 the board eligible as secretary in independent districts, 2757; by board to fill 
 vacancy in its membership, 2758; to fill vacancies, must be by ballot, 2771; ol 
 temporary president or secretary, 2772. 
 
 APPORTIONMENT, see Semi-annual Apportionment. 
 
 APPRAISERS, see Referees. 
 
 ARBITRATORS, when boards cannot agree on division of assets and liabilities, 
 may be selected, 2802; decision of, made in writing, 2802; appeal from decision 
 of, to district court, 2802. 
 
 ASSETS AND LIABILITIES, boards shall make equitable division of, 2802. 
 
 ATTENDANCE, at normal school, 2676: at county high school, 2733; school for, 
 determined by board, 2773; every school free to actual residents, 2773; in other 
 districts, 2774; expenses of transportation paid, 2774; register of, 2789; in 
 another district, 2803: age for, 2804; of nonresidents, 2804. 
 
 AUDITOR, see County Auditor. 
 
 AUDITOR OF STATE, issues warrant for subscription to educational school paper, 
 2624; receives report of enumeration from superintendent public instruction, 
 2625; issues warrant for each institute, 2626; issues warrant for salaries and 
 expenses, 2627; issues warrants for compensation board educational examiners, 
 2634; issues warrants for compensation officers board trustees normal school, 
 2681. 
 
 BALLOT, director for subdistrict elected by, 2751; directors elected by, 2754; elec- 
 tion in districts of 5,000 or more divided into precincts, must be by, 2755; offi- 
 cers of board elected by, 2757; vacancies among officers or members of board, 
 filled by, 2771; vote on formation of independent school district taken by, 2794; 
 vote for rural independent school district organization taken by, 2797; vote to 
 unite independent districts, taken by, 2799; vote to unite rural independent 
 school districts into school townships taken by, 2800; vote to authorize free 
 text-books taken by, 2837. 
 
 BALLOT BOX, provided for each precinct in independent school districts of 5,000 
 and over, divided into election precincts, 2756. 
 
 BARBED WIRE, county superintendent shall see that provisions relating to use of r 
 are observed and enforced, 2740; shall not be used to inclose school building 
 or grounds, 2817; not used within ten feet of schoolhouse site, 2817: penalty 
 for use of, 2817. 
 
 BIBLE, shall not be excluded from any school, 2805; no child required to read, 
 contrary to wishes of parent or guardian, 2805. 
 
 BLIND PERSONS, of school age, reported to College for the Blind, 2739; of school 
 age, reported to county superintendent, 2765. 
 
 BOARD OP DIRECTORS, county superintendent not to be member of, 2734; terau 
 of, 2745; qualifications for member of, 2748; number of, in school townships,. 
 2752; number of, in independent districts, 2754; election of, in school town- 
 ships, 2751-2752; election of, in independent districts, 2754-2756; meetings of, 
 2757; election of officers, 2757; qualification of members, 2758; vacancy in, filled; 
 by appointment, 2758; president of, duties of, 2759; may employ counsel, 2759;: 
 secretary and treasurer each gives bonds, 2760; bonds to be filed with presi- 
 dent, 2760; secretary, duties of, 2761-2767; proceedings of, to be recorded by 
 secretary, 2761; treasurer, duties of, 2768-2769; quorum of, 2771; vacancies in, 
 filled by ballot, 2771; appoints temporary president or secretary, 2772; pre- 
 scribes course of study, 2772; makes rules and regulations, 2772; requires per- 
 formance of duty, 2772; fixes site for schoolhouse, 2773; determines number of 
 schools, 2773; determines particular school each child shall attend, 2773; des- 
 ignates period each school shall be held beyond the time required by law, 
 2773; may rent room and employ teacher for any tftn scholars, 2774; may con- 
 tract for instruction in other districts, 2774; may pay transportation of c-hil- 
 8 
 
114 INDEX. 
 
 dren, 2774; shall require teachers to give and scholars to receive instruction 
 in effects of stimulants, 2775; may establish graded or union schools, 2776; may 
 select person to have general supervision of schools, 2776; shall carry into 
 effect instructions from annual meeting, 2778; shall elect teachers and make 
 contracts, 2778; shall consult county superintendent before building school- 
 house, 2779; if amount exceeds $300, shall advertise before contracting, 2779; 
 shall audit all claims, 2780; shall make settlement with treasurer, 2780; shall 
 present statement of annual receipts and expenditures, 2780; fixes compensa- 
 tion of secretary and treasurer, 2780; no member of, may receive compensa- 
 tion, 2780; provides for visiting schools, 2782; may discharge teacher for cause, 
 2782; may expel scholar, 2782; may readmit scholar, 2782; may empower teacher 
 to dismiss scholar temporarily, 2782; may insure school property, 2783; may 
 purchase dictionaries, library books, and apparatus, 2783; may furnish text- 
 books to indigent children, 2783: may loan text-books to scholars, 2783; shall 
 give special attention to matter of water-closets, 2784; shall limit director of 
 >subdistrict in contracting, 2785; may hold an industrial exposition, 2786; shall 
 have shade trees set out, 2787; shall not pay person for teaching without cer- 
 tificate, 2788; how chosen, when new civil township is formed, 2790; may con- 
 sent to attach territory, 2791; territory restored by concurrent consent of, 
 2792; territory restored by consent of, and county superintendent, 2792; may 
 establish boundaries of contemplated independent school district, 2794; shall 
 give notice of election of directors, 2795; may change boundaries of subdis- 
 tricts by majority vote of, 2801; shall divide assets and liabilities, 2802; in case 
 of disagreement, arbitrators shall be appointed, 2802; may agree upon terms 
 of attendance, 2803; fixes terms for attendance of nonresidents, 2804; may not 
 exclude bible from school, 2805; shall estimate taxes, 2806: shall pay judgment 
 out of proper fund, 2811; shall certify tax to pay judgn ent, 2811; may issue 
 bonds to pay judgment indebtedness, 2812; may issue bonds to pay bonds 
 maturing, 2812; shall provide tax to pay bonds or interest due, 2813; may take 
 schoolhouse sites, 2814; shall deposit amount of referees' assessment, 2815; 
 shall pay costs of referees' assessment, 2815; may not use barbed wire to 
 inclose schoolhouse grounds, 2817; may adopt and purchase text-books, 2824: 
 may select person to keep books and supplies for sale, 2824; must advertise for 
 bids before adopting text-books, 2828; shall arrange for free text-books, when 
 voted, 2837. 
 
 BOARD OF DIRECTORS, of independent school district, term of, 2745; election of, 
 2754-2756; may establish kindergarten departments, 2777; for new district, 
 2795; certifies taxes for new district, 2796; may subdivide district, 2798; may 
 unite districts, 2799; may issue bonds, 2812; shall certify tax to pay bonds or 
 interest due, 2813. 
 
 BOARD OF DIRECTORS, of rural independent school district, term of, 2754; elec- 
 tion of, 2754; changes boundaries, 2793; for new district, 2797; may subdivide 
 district, 2798; may unite districts, 2799; may unite districts into school town- 
 ship, 2800. 
 
 BOA.RD OF DIRECTORS, of school township, term of, 2745; number of, 2752; elec- 
 tion of, 2751-2752; may instruct directors, 2785; may divide school township 
 into subdistricts, 2801; must apportion schoolhouse tax among subdistricts, 
 2806. 
 
 BOARD OF EDUCATIONAL EXAMINERS, of whom consists, 2628; superintendent, 
 public instruction president, 2628; shall hold at least two examinations annu- 
 ally, 2629; adopts rules and regulations, 2629; keeps record of proceedings. 
 2629; may issue state certificates and state diplomas, 2629; to graduate of any 
 state normal school, 2630; to person holding certificate of same grade from 
 another state, 2630; to primary school teachers, 2630; keeps complete register 
 of persons to whom certificates or diplomas are issued, 2630; may revoke cer- 
 tificate or diploma, 2631; shall require fee for examination, 2631; shall pay all 
 
INDEX. 115 
 
 moneys into state treasury, 2631; certificate or diploma must be registered, 
 2632; shall keep a detailed account of moneys received and expended, and 
 publish such account, 2633; compensation of members, 2634; compensation of 
 assistants, 2634. 
 
 BOARD OF SUPERVISORS, may submit question of establishing county high school, 
 2728; appoints trustees county high school, 2728; may fill vacancies in trustees 
 of county high school, 2729; requires bond of trustees, 2729; shall levy tax to 
 build, 2731; county superintendent not to be a member of, 2734; shall provide 
 room at county seat for county superintendent, 2735; may appropriate addi- 
 tional funds for support of institute, 2738; may allow county superintendent 
 additional compensation, 2742; shall levy special schoolhouse tax voted by 
 subdistrict upon itself, 2753; shall levy tax for new independent school dis- 
 trict, 2796; shall levy taxes for school funds, 2807; shall levy county tax of one 
 to three mills, 2807; shall levy tax to pay bonds or interest due, 2813; included 
 in county board of education, 2831. 
 
 BOARD OF TRUSTEES, of county high school, who shall constitute, 2728; county 
 superintendent member and president of, 2728; shall qualify, 2729; election 
 of, 2729; in three classes, 2729; shall appoint secretary and treasurer, 2729; 
 shall select site for school, 2730; shall estimate funds needed, 2730; shall pro- 
 ceed to build, 2731; shall employ teachers, 2731; shall have annual reports 
 made, 2731; compensation members of, 2731; shall approve rules and regula- 
 tions, 2732; shall admit students from county without charge, 2733; may admit 
 from outside the county, 2733. 
 
 BOARD OF TRUSTEES, of normal school, shall elect officers, 2675; shall make rules 
 and regulations, 2676; may charge for contingent expenses, 2676; may charge 
 a tuition fee, 2676; must have effects of alcoholic drinks and narcotics taught, 
 2677; may receive scholars from same school district, 2678; shall report bien- 
 nially to governor, 2680. 
 
 BOND, of officer, of treasurer normal school, 2675; of trustees county high school, 
 2729; of treasurer county high school, 2729; of secretary and treasurer of 
 board, 2760; shall be filed with the president, 2760; president shall bring 
 action on, 2760; of contractor to build, 2779; of person appointed to keep books 
 and supplies for sale, 2824; of publishers, suit on, 2827; of contractor furnish- 
 ing books or supplies, 2830; surety companies accepted on, 2830. 
 
 BONDS, women may vote on question of issuing, 2747; board may issue to pay 
 indebtedness, 2812; voters may vote, 2812; signed by president, 2812; counter- 
 signed by secretary, 2812; when payable, 2812; delivered to treasurer, 2812. 
 treasurer shall sell, 2812; treasurer may exchange, 2812; cost of engraving 
 and printing, paid from contingent fund, 2812; treasurer keeps record to whom 
 bonds are sold, 2812; form and other requirements of, 2812; not to be disposed 
 of for less than par value, 2812; must be paid in order of issuance, 2812; tax to 
 pay bonds or interest due, 2813. 
 
 BOOKS, see Text-books. 
 
 BOUNDARIES, of divisions for attendance at school, 2773; changed by attaching 
 territory, 2791; changed by restoration of territory, 2792; of contiguous inde- 
 pendent districts in same civil township, 2793; established to form independ- 
 ent school district, 2794: subdivision of independent districts, 2798; uniting 
 independent districts, 2799; division of school township into subdistricts, 2801; 
 alterations in subdistrict, designated on plat, 2801; description of, recorded in 
 records of school township, 2801; copy description of changes delivered to 
 county treasurer and auditor, 2801; of subdistricts must conform to congres- 
 sional divisions, 2801; changes in subdistrict, take effect at next subdistrict 
 election, 2801; division of assets and liabilities, 2802. 
 
 BRANCHES OF STUDY, in normal school, 2676; trustees in normal school shall 
 have effects of stimulants taught, 2677; in county high school, 2732; added to 
 course of study by voters, 2749; determined by board, 2772. 
 
116 INDEX. 
 
 CANVASS OF VOTES, to establish county high school, 2728; at annual meeting of 
 voters, 2746; at annual subdistrict meeting, 2751; in districts of 5,000 or over, 
 divided into election precincts, 2756; when officers of board are chosen, 2757; 
 record of, to be kept by secretary, 2761; when vacancy among officers or mem- 
 bers of board occurs, 2771; when formation of independent school district is 
 voted upon, 2795; when vote is taken to form rural independent school dis- 
 tricts from subdistricts of school township, 2797; to unite independent dis- 
 tricts, 2799; to unite rural independent school districts into school township, 
 2800; when county uniformity is voted upon, 2832. 
 
 CERTIFICATE OF ELECTION, to directors elected, 2746, 2756; to director of subdie- 
 trict, 2751. 
 
 CERTIFICATE OF TEACHER, examination for, 2735; for special studies, 2736; term 
 of, 2737; revocation of, 2737; fee for, 2738; every teacher must have, 2788. 
 
 CERTIFICATE OR DIPLOMA, granted upon examination, 2629; given to graduates, 
 2630; certificate given to primary teachers, 2630; how long valid, 2631; revoca- 
 tion of, 2631; fee for, 2631; registration of, 2632. 
 
 CHAIRMAN, superintendent public instruction president board educational exam- 
 iners, 2628; superintendent public instruction president board trustees normal 
 school, 2675; county superintendent president board trustees county high 
 school, 2728; president of board acts as, of annual meeting of district, 2746; 
 voters select, of subdistrict meeting, 2751; president of board acts as, at all 
 meetings of board, 2759; temporary, appointed when regular officer is absent, 
 2772; county superintendent is, of county board of education, 2833. 
 
 CHANGE OF BOUNDARIES, see Boundaries. 
 
 CHARTS, may be purchased with contingent fund, 2783. 
 
 CHILD, see Scholar. 
 
 CITY AND TOWN DISTRICTS, see Independent School District. 
 
 CIVIL TOWNSHIP, each a school township, 2744; meetings of board may be held at 
 any place in same, 2757; when formed constitutes a school township, 2790; 
 lines of, shall not prevent attachment of territory, 2791; boundaries of rural 
 independent school districts in same, may be changed, 2793; rural independ- 
 ent school districts of, may be united into a school township, 2800. 
 
 CLAIMS, for traveling expenses superintendent public instruction, 2627; for 
 expenses board educational examiners, 2634; for traveling expenses treasurer 
 normal school, 2681; for trustees county high school, 2731; for compensation 
 county superintendent, filed with county auditor, 2742; for expenses incurred, 
 kept by secretary, 2761; audited and allowed by board, 2780; when changes of 
 boundaries are made, 2802; for damages when site is condemned, 2815. 
 
 CLERK OF ELECTION, secretary acts as, of annual meeting, 2746; for subdistrict 
 meeting, chosen by voters, 2751; appointed in each precinct of districts of 
 5, 000 or over, divided into precincts, 2756; shall record result of votes at annual 
 meeting, 2761. 
 
 COMPENSATION, of superintendent public instruction, 2627; of his deputy, 2627; of 
 board educational examiners, 2634; of teachers in normal school, 2676; of sec- 
 retary normal school, 2681; of treasurer normal school, 2681; of trustees county 
 high school, 2731; of teachers county high school, 2731; of county superintend- 
 ent, 2742; to be paid teachers, 2778; of secretary and treasurer, 2780; no member 
 of board may receive, 2780; not recovered by teacher for services without cer- 
 tificate, 2788; of referees, 2815; to owner of schoolhouse site condemned, 2815; 
 to witnesses in appeal, 2821; to person keeping books and supplies for sale, 
 2824. 
 
 CONCURRENT ACTION, of couaty superintendent and board in attaching territory, 
 2791; of boards in restoring territory, 2792; of electors, county superintendent, 
 and board, in restoring territory. 2792; of boards in changing boundary lines 
 of independent districts in same civil township, 2793; of boards in detaching 
 
INDEX. 117 
 
 territory to form an independent district, 2798; of boards in uniting independ- 
 ent districts, 2799; of boards in agreeing on terms of attendance, 2803; of county 
 superintendent and board where children attend, 2803. 
 
 CONDEMNATION, of land for schoolhouse site or public road, 2815. 
 
 CONDUCTOR OF INSTITUTE, see Teachers' Normal Institute. 
 
 CONSOLIDATION OF DISTRICTS, independent districts may unite, 2799; rural inde- 
 pendent school districts may unite into a school township, 2800. 
 
 CONTINGENT FUND, see Funds. 
 
 CONTRACTS, trustees normal school may make, with board of directors, 2678; by 
 trustees county high school, 2731; voters may authorize. 2749; president must 
 sign, 2759; by board with other districts for instruction of children, 2774; for 
 transportation to and from school, 2774: directed by voters, must be made by 
 board, 2778; with teachers, must be in writing, 2778; with teacher, filed with 
 secretary, 2778; to build at a cost exceeding $300 must be made by adver- 
 tisement, 2779; to build shall be let to lowest bidder, 2779; director of subdis- 
 trict may make, for purposes mentioned, 2785; when made by director of sub- 
 district, must be approved by president and reported to board, 2785; between 
 boards regarding attendance, 2803; for adoption of text-books, 2824; for text- 
 books by board of directors or county board of education, 2830. 
 
 CONVENTION, suparintandent public instruction may call, of county superintend- 
 ents, 2622; county superintendent receives expenses for attendance at, 2742. 
 
 CORPORATE NAME, of school districts, 2744. 
 
 CORPORATION, see School District. 
 
 COSTS, of making referees' assessment, paid by school district, 2815; in appeal, 
 taxed to party responsible for appeal, 2821; of prosecution when school officer 
 acts as agent or dealer in text-books, 2834. 
 
 COUNSEL, may be employed by board, 2759. 
 
 COUNTY, failing to make report, county superintendent shall forfeit $50 to school 
 fund of, 2741; action against county superintendent for failure to make report 
 brought by, 2741; township or county lines not a bar to attaching territory, 
 2791; territory set off to another, may be restored, 2792; attendance from 
 adjoining, may be allowed, 2803; provisions relating to payment of school bonds 
 same as for county bonds, 2812; uniformity of text-books in, 2832. 
 
 COUNTY ATTORNEY, shall assist county superintendent in enforcing laws, 2740; 
 shall bring action upon request of county superintendent, 2740. 
 
 COUNTY AUDITOR, county superintendent files statement with, of time employed, 
 2742; records plat of changes in subdistrict boundaries, 2801; deducts amount 
 of tuition from apportionment, 2803; makes semi-annual apportionment, 2808; 
 notifies president of apportionment, 2808; certifies qualification of county 
 superintendent, 2809; forwards certificate interest on school fund to auditor of 
 state, 2809: is member county board of education, 2831; is secretary county 
 board of education, 2833. 
 
 COUNTY HIGH SCHOOL, any county may establish, 2728; board of supervisors sub- 
 mits question of establishing, 2728; votes for and against canvassed, L'728; 
 board of supervisors appoints trustees, 2728; county superintendent member 
 of board and president, 2728; when and how trustees are elected, 2729; vacan- 
 cies in board filled by appointment of board of supervisors, 2729; oath and 
 bond of trustees, 2729; terms of office of trustees, 2729; secretary and treasurer 
 of, appointed from board, 2729; treasurer gives bond as such, 2729; board selects 
 site, 2730; makes estimate of funds needed, 2730; presents estimate to board of 
 supervisors, 2730; tax not to exceed two mills and five mills, 2730; tax levied 
 and collected, 2730; tax paid to treasurer of, 2730; board makes purchases and 
 contracts for, 2731; employs teachers, 2731; provides for payment of salaries, 
 2731; annual report of, made to board of supervisors, 2731; annual report of, 
 printed in at least one newspaper in county, 2731; copy forwarded to superin- 
 tendent public instruction, 2731; compensation of trustees, 2731: rules and 
 
1 18 INDEX. 
 
 regulations made, 2732; refractory students may be expelled, 2732; tuition in, 
 free to residents of county, 2733; apportionment of students, 2733; students 
 from other counties may be admitted, 2733. 
 
 COUNTY SUPERINTENDENT, shall distribute school laws, 2624; member board 
 trustees county high school, 2728; president board trustees county high 
 school, 2728; may be of either sex, 2734; shall hold certificate or diploma, 2734; 
 ineligible as school director or member board supervisors, 2734; may appoint 
 deputy, who cannot visit schools or try appeals, 2734; shall comply with direc- 
 tions from superintendent public instruction, 2735; shall transmit communica- 
 tions, 2735; may visit schools, 2735; shall visit any school, when, 2735; shall 
 examine for teacher's certificate, 2735; may hold special examinations, 2735; 
 shall keep record of examinations, 2736; may issue certificates, 2737; shall 
 revoke a certificate, 2737; shall hold normal institute, 2738; shall require reg- 
 istration fee, 2738; shall require fee from every applicant for certificate, 2738; 
 shall transmit all- moneys to county treasurer, 2738; shall draw no order on 
 institute fund except for bills approved, 2738; shall report annually to super- 
 intendent public instruction, 2739; shall file enumeration with county auditor, 
 2739; shall report to institutions, 2739; shall enforce school laws, 2740; may 
 require assistance of county attorney, 2740; shall forfeit $50 for failure to make 
 report, 2741; shall receive compensation, 2742; shall receive expenses for 
 attendance at convention of county superintendents, 2742; shall file statement 
 of time employed, 2742; notified by secretary when each school begins, 2765; 
 receives annual report from secretary, 2765; receives report of officers of dis- 
 trict, 2766; receives annual report from treasurer, 2769; may release board 
 from obligation to have school taught, 2773; may grant kindergarten certifi- 
 cate, 2777; approves plans for schoolhouse, 2779; shall call attention of board 
 to neglect to protect shade trees, 2787; gives notice of first meeting in new 
 school township, 2790; shall attach territory to another district, 2791; shall 
 concur in restoration of territory, 2792; may concur in attendance, 2803; cer- 
 tificate of qualification of, made by county auditor, 2809; appoints referees to 
 condemn schoolhouse site, 2815; gives notice to owner of land, 2815; receives 
 affidavit of appeal, 2818; notifies secretary to file transcript, 2819; notifies 
 interested parties of hearing, 2819; hears testimony and decides appeal, 2819; 
 appeal from decision of, 2820; has power to issue subpoenas, 2821; files tran- 
 script of costs of appeal with clerk of court, 2821; may be consulted in adop- 
 tion of text-books, 2828; is custodian of samples of text-books, 2830; member 
 county board of education, 2831; receives petitions for county uniformity. 
 2831; is chairman county board of education, 2833; reports list of books, with 
 contract prices, 2833; may not act as agent or dealer in text-books or supplies, 
 2834. 
 
 COUNTY TREASURER, pays over tax to county high school, 2730; receives insti- 
 tute fund from county superintendent, 2738; records changes in subdistrict 
 boundaries, 2801; pays apportionment due, 2808; gives notice quarterly of 
 taxes collected, 2810; pays taxes to district treasurer, 2810; keeps taxes for 
 schoolhouse purposes separate, in each subdistrict, if necessary, 2810; amount 
 found by referees deposited with, 2815. 
 
 COURSE OF STUDY, shall be prescribed by board, 2772; in graded or union schools, 
 must be approved by superintendent public instruction, 2776. 
 
 DEAF AND DUMB, number of, of school age, reported to superintendent school 
 for the deaf, 2739; of school age, reported to county superintendent by secre- 
 tary, 2769. 
 
 DECISIONS, in appeal by superintendent public instruction, 2623: important, 
 included in volume of school laws, 2624; of board may be appealed from, 2818; 
 of county superintendent final unless appealed from. 281U: of s-upcrintendent 
 public instruction final, 2820. 
 
INDEX. HC 
 
 DEPOSITORIES, arranged for by county board of education, 2832. 
 
 DEPUTY, of superintendent public instruction, 2621; of county superintendent. 
 2734. 
 
 DIPLOMA, see Certificate or Diploma. 
 
 DIRECTOR, term of, -2745; may be of either sex, 2748; number in independent dis- 
 tricts, 2754; tie vote for, publicly determined by lot, 2754; annual and special 
 meetings of board, 2757; qualifies on or before third Monday in March, 2758: 
 shall take oath, 2758; any member may administer official oath to, 2758; holds 
 until successor is qualified, 2758; vacancy filled by appointment, 2758; sur- 
 renders office to successor, 2770; in school township may be instructed by 
 board to make certain contracts, L.785; penalty for wilful failure or neglect o1 
 duty, 2822. 
 
 DIRECTOR, of subdistrict, chosen for one year, 2745; may be of either sex, 2748: 
 gives notice of subdistrict meeting, 2751; elected in subdistricts, 2751; number 
 in school townships, 2752; may be authorized by board to make contracts for 
 fuel and in like matters, 2785; shall prepare annually list of children in sub- 
 district of school age, 2785; shall report list to secretary of school township, 
 2785; may have industrial exposition held, 2786; elected for new subdistrict, 
 2801. 
 
 DISMISSAL, of teacher, 2782; of scholar, 2782. 
 
 DISTRIBUTION, of cloth bound school laws, 2624; of paper bound school laws, 2624. 
 
 DISTRICT, see School District. 
 
 DISTRICT COURT, appeal may be taken to, from assessment made by referees, 2815; 
 transcript of costs in appeal filed by county superintendent in office of clerk 
 of, 2821. 
 
 DISTRICT TREASURER, see Treasurer. 
 
 DIVISION, into election precincts in districts of 5,000 or over, 2755; into wards for 
 attendance, 2773; of independent districts to form two or more, 2798; of school 
 township into subdistricts, 2801; of assets and liabilities, 2802. 
 
 DWELLING, see Residence. 
 
 EDUCATIONAL EXAMINERS, see Board of educational examiners. 
 
 EDUCATIONAL JOURNAL, superintendent public instruction may subscribe for, 
 2624. 
 
 ELECTION, to vote upon establishment of county high school, 2728; to choose 
 trustees for county high school, 2729; in all districts, 2746; qualifications to 
 vote at, 2747; of director of subdistrict, 2751; in independent districts, 2754; of 
 treasurer by voters, in independent school districts, 2754; precincts in dis- 
 tricts of 5,000 or over, 2755; of officers of board, 2757; notice of, 2763; to fill 
 vacancies among officers or members of board, 2771; to form independent 
 school district, 2794; to choose board for new district, 2795; to form rural inde- 
 pendent school districts, 2797; to subdivide independent district, 2798; to unite 
 independent districts, 2799; to unite rural independent school districts into a 
 school township, 2800; when changes in boundaries are made, boards continue 
 to act until next, 2802; to .vote bonds, 2812; to change or displace text-books, 
 2829; to vote on county uniformity, 2831; to vote on free text-books, 2836. 
 
 ELECTION PRECINCTS, in districts of 5,000 or over, 2755; register of voters in, 
 2755; conduct of elections in, 2756. 
 
 ELECTORS, see Voters. 
 
 ELIGIBILITY FOR OFFICE, one appointed member board educational examiners 
 must be a woman, 2628; county superintendent must hold first class certificate 
 or state certificate or diploma, 2734; county superintendent may be of either 
 sex, 2734; county superintendent may not be a school director or member 
 board of supervisors, 2734; officer or member of board may be of either sex, 
 and must be a citizen and resident, 2748; if a man, must be a qualified voter, 
 2748; secretary and treasurer must be chosen outside the board, 2757; no 
 
120 INDEX. 
 
 teacher or other employe of board eligible as secretary in any independent 
 district, 2757. 
 
 EMPLOYE, no teacher or other, of the board eligible as secretary in any inde- 
 pendent district, 2757. 
 
 ENGLISH LANGUAGE, all instruction shall be given in, 2749. . 
 
 ENUMERATION, reported to auditor of state, 2625; register of, kept by secretary. 
 2764; reported to county superintendent, 2765; list of, prepared by director of 
 subdistrict, 2785. 
 
 EXAMINATION, for state certificate or diploma, 2629; for county certificates, 2735; 
 record of, 2736; in additional branches, 2737; fee for, 2738; upon kindergarten 
 principles and methods, 2777. 
 
 EXAMINERS, see Board of Educational Examiners. 
 
 EXPENSES, traveling, of superintendent public instruction, 2627; necessary, of 
 member board educational examiners shall be paid, 2634; of person appointed 
 to assist in conducting examination, 2634; actual traveling, of treasurer nor- 
 mal school to be paid, 2681; for counsel in suits, 2759; account of, incurred by 
 district, kept by secretary, 2761; statement of, made to board by treasurer, 
 2769; full statement of, made by board to annual meeting, 2780; statement of, 
 in independent school districts published, 2781; estimate of, for following year 
 published in detail, 2781; for tuition when scholars attend by concurrence of 
 county superintendent and board, 2803; average proportion of contingent, 
 2803; when schoolhouse site is condemned, 2815; as costs of appeal, 2821. 
 
 EXPOSITION, see Industrial Exposition. 
 
 EXPULSION OF SCHOLAR, by majority vote of the board, 2782. 
 
 FAMILIES, list of heads of, prepared by director of subdistrict, 2805. 
 
 FEE, for state certificate, 2631; for state diploma, 2631; if applicant fails one-half 
 of, returned, 2631; paid into state treasury, 2631; contingent, at normal school, 
 2676; tuition, at normal school, 2676; tuition, at county high school, 2733; reg- 
 istration, at institute, 2738; of every applicant for a certificate, 2738; addi- 
 tional, for two years' certificate, 2738; transmitted to county treasurer, 2738; 
 tuition, for attendance in another district, 2774; for transportation of children, 
 2774; tuition, for attendance, 2803; of witnesses in appeal, 2821. 
 
 FEEBLE MINDED, county superintendent reports, to institution for, 2739. 
 
 FENCES, may be provided for schoolhouse sites, 2773; barbed wire shall not be used 
 for, of schoolhouse grounds, 2817. 
 
 FIDELITY COMPANIES, see Surety Companies. 
 
 FINANCIAL STATEMENT, made by treasurer to board, 2769; made by board to 
 voters, 2780; published in each independent school district, 2781. 
 
 FINES, see Penalty. 
 
 FORFEIT, of county superintendent for failure to make report, 2741; upon breach 
 of bond of secretary or treasurer, 2760; of compensation of teacher for serv- 
 ices rendered without certificate, 2788; for violating provisions regarding 
 use of barbed wire, 2817; for wilful violation of law, or for wilful failure or 
 refusal to perform duty, 2822; for neglect or refusal of contractor to furnish 
 text-books at lowest price, 2J?27. 
 
 FORMATION OF INDEPENDENT DISTRICT, including a city, town, or village, 2794; 
 from subdistricts of school township, 2797; by subdividing independent dis- 
 trict, 2798; by uniting independent districts, 2799. 
 
 FORMS, see Index to the Forms, page 111. 
 
 FUEL, bought with contingent fund, 2768; director of subdistrict may contract 
 for, under direction of the board, 2785. 
 
 FUNDS, secretary keeps separate account with each fund, 2761; secretary certifies 
 amounts required for contingent and teachers' fund, 2767; secretary certifies 
 schoolhouse tax voted by voters, 2767; schoolhouse, contingent, and teachers' 
 defined, 2768; separate account kept with each, by treasurer, 2768: order must 
 
INDEX. 121 
 
 specify fund and object, 2708; annual report of treasurer must show separate, 
 2769; insurance paid with contingent, 2783; library books and apparatus bought 
 with contingent, 2783; free text-books provided from contingent, 2783; teach- 
 ers' and contingent, estimated by board, 280G; amount for contingent, not to 
 exceed $5 per scholar, 2806; amount for teachers' fund not more than $15 per 
 scholar, 2806; $75 for each school may be levied for contingent fund, 2806; $270 
 for each school may be levied for teachers' fund, 2806; interest on permanent, 
 apportioned, 2808. 
 
 GARDEN, may not ba taken by condemnation for schoolhouse site, 2814. 
 
 GOVERNOR, records in office superintendent public instruction open to inspection 
 of, 2621; report to, made biennially by superintendent public instruction, 2625; 
 two members educational board examiners appointed by, 2628; report to, made 
 by board trustees normal school, 2680. 
 
 GRADED OR UNION SCHOOLS, may be established by any board, 2776; course of 
 study in, must be approved by superintendent public instruction, 2776. 
 
 GUARDIAN, name of parent or, registered by secretary, 2764; school taxes paid by, 
 in an independent district may be deducted from tuition of ward, 2804; ward 
 may not be required to read bible contrary to wishes of, 2805. 
 
 HIGHWAYS, voters may authorize board to obtain, 2749; voters may vote school- 
 house tax for opening, 2749; special meeting of district may vote schoolhouse 
 tax to procure, 2750; schoolhouse site taken by condemnation must be on a 
 public highway, 2814. 
 
 IMPROVEMENTS, value of, repaid by owner when site reverts, 2816; tax to pay 
 money borrowed for, in an independent school district, must be levied, 2813. 
 
 INCUMBENT, treasurer holds until successor is elected and qualified, 27 54; term of, 
 treasurer in independent school districts, expires on third Monday in March, 
 1898, 2754; director holds until successor is elected and qualified, 2758. 
 
 INDEBTEDNESS, in division of assets and liabilities, 2802; judgment, shall be paid, 
 2811; bonds to pay judgment, may be issued, 2812; bonds may be issued by 
 board to refund, 2812; tax to pay bonds or interest due, 2813; original, shall 
 not be incurred by issuance of bonds, until voters have so authorized, 2823; 
 may not be contracted to purchase books and supplies to be resold, 2825. 
 
 INDEPENDENT SCHOOL DISTRICT, corporate name, 2744; board of, 2745; number 
 of directors in, 2754; treasurer of, elected by voters, 2754; in independent dis- 
 tricts below 5,000, polls open at 1 P. M. and remain open not less than five 
 hours, 2754; of 5,000 and over, may be divided into election precincts, 2755;of 5,000 
 and over, divided into election precincts, polls shall be open from 9 o'clock A. M. 
 until 7 o'clock P. M., 2756; no teacher or other employe of, eligible as secretary, 
 2757; higher schools in, 2776; board may establish kindergarten departments 
 in, 2777; board of, must publish financial statement, 2781; water-closets in, 
 2784; change of boundaries in same civil township, 2793; formation of, 2794; 
 organization of, 2795; subdivision of, 2798; uniting of, 2799; may borrow money 
 by issuing bonds, 2812; tax to pay bonds or interest due, 2813; not under county 
 uniformity, 2835; schools in, may adopt and buy same books adopted by county 
 board of education, 2835. 
 
 INDEX TO FORMS, page 111. 
 
 INDORSEMENT, of unpaid orders by treasurer, 2768. 
 
 INDUSTRIAL EXPOSITION, board may provide for in each school, 2786; director of 
 subdistrict may provide for, 2786; of what consists, 2V86;kind and plan of arti- 
 cle exhibited at, explained, 2786; parents and friends invited to be present at, 
 2786; ornamental work encouraged, 2786; held in the school room not oftener 
 than once a month, 2786. 
 
 INSTITUTE FUND, see Teachers' Normal Institute. 
 
 INSTITUTES, see Teachers' Normal Institute. 
 
 INSURANCE, contingent fund may be used to pay, 2783. 
 
122 INDEX. 
 
 [NTEREST, provision should be made for interest of bonds, 2TG7; six per cent on 
 unpaid orders after indorsement, 2768; of permanent school fund a part of the 
 apportionment, 2808; on bonds may not exceed six per cent, 2812; tax to pay 
 interest due on bonds must be levied, 2813; may not be taken upon purchase 
 price when schoolhouse site reverts, 2816. 
 
 JOINT DISTRICTS, on account of natural obstacles, 2791; restoration of portion of, 
 to district in which it geographically belongs, 2"i92. 
 
 JUDGES OF ELECTION, at annual meeting, who are, 2746; if absent, voters present 
 appoint, 2746; shall issue certificates to directors elected, 2746; vote canvassed 
 by, 2751; tie vote publicly determined by lot, 2754; in districts of over 5,COO, 
 divided into election precincts, board acts as judges, 2756; to organize inde- 
 pendent school district, 2794. 
 
 JUDGMENT, against a district paid from proper fund, 2811; if not paid, voters vote 
 schoolhouse tax to pay, 2811; if unpaid and no tax is voted, board shall certify 
 to board of supervisors amount required to pay, 2811; bonds may be issued to 
 pay, 2812; county or state superintendent may not give for money, 2820; county 
 superintendent shall tax all costs to party responsible for appeal, 2821; clerk 
 of court shall enter, for costs of appeal, 2821. 
 
 JURISDICTION, each district has exclusive, over all its territory, 2743; powers 
 granted by law apply alike to all districts, unless otherwise stated, 2823. 
 
 KINDERGARTEN, in any independent school district, 2777; teacher in must hold 
 kindergarten certificate from county superintendent, 2777. 
 
 LAND, for schoolhouse site or highway, may be taken by condemnation, 2814. 
 
 LANGUAGE, teacher may have special certificate for, 2736; voters may determine 
 that a foreign language shall be taught as a branch, 2749; schools must be 
 taught in English, 2749. 
 
 LEVY OF TAXES, see Taxes. 
 
 LIABILITIES, see Assets and Liabilities 
 
 LIBRARY, tax to procure, may be voted by annual meeting, 2749; number of vol- 
 umes in, reported, 2765; books for, furnished with contingent fund, 2783. 
 
 LIMIT, annual meeting may vote not exceeding ten mills for schoolhouse fund, 
 2749; subdistrict may vote additional schoolhouse taxes, but not to exceed 
 fifteen mills in all, 2753; not to exceed $25 annually for each schoolroom may 
 be used to purchase dictionaries, library booksj maps, charts, and appa- 
 ratus, 2783; of taxes, 2806; of county school tax, 2807; in paying judgment 
 indebtedness, only funds available for that purpose may be used, 2811: of time 
 that bonds are to run, shall not be more than ten years, 2812; of tax to pay 
 principal or interest due, shall not exceed five mills, 2813; real estate taken 
 for schoolhouse site not to exceed one acre, 2814; contingent fund certified to 
 purchase books and supplies to be resold, shall not exceed $1.50 for each 
 person of school age, 2825. 
 
 MAJORITY VOTE, not required to elect director of subdistrict, 2751; majority of 
 board a quorum, 2771; of board required to discharge teacher, 2782; of board 
 required to expel scholar, 2782; of votes cast in each subdistrict, necessary to 
 change subdistricts of school township into rural independent school districts, 
 2797; of voters in each proposed district required when one district in subdi- 
 vision of independent district contains less than two sections, 2798; of votes 
 cast in each district necessary to unite independent districts, 2799; of votes 
 cast in civil township divided into rural independent school districts, makes 
 each rural independent school district a subdistrict of a new school town- 
 ship, 2800; of all members of board necessary to change subdistrict bound- 
 aries, 2801; of annual meeting necessary to authorize board to change or 
 displace text-books before expiration of contract, 2829; necessary to adopt 
 county uniformity, 2832; necessary to authorize free-text books, 2837 . 
 
 MAPS, may be purchased with contingent fund, 2783. 
 
INDEX. J.23 
 
 MEETINGS OF DIRECTORS, regular, when held, 2757; special, how called, 2757; 
 where held, 2757; to elect officers, 2757; to estimate school taxes, 2806. 
 
 MEMBER OF BOARD, see Board of Directors. 
 
 MISDEMEANOR, in case of failure of county superintendent to make report, 2741; 
 in case of breach of bond of secretary or treasurer, 2760; in case of violation 
 of provisions regarding barbed wire, 2817; in case of wilful failure or refusal 
 to perform duty, 2822; in case school director, teacher, or member county 
 board of education acts as agent or dealer in text-books, 2834. 
 
 MONEY, see Funds. 
 
 NAME, of school district, 2744. 
 
 NARCOTICS, see Alcoholic Drinks. 
 
 NEGLECT OF DUTY, in case of breach of bond of secretary or treasurer, president 
 brings action, 2760; board shall require performance of duty, 2772; teacher 
 may be discharged for, 2782; penalty for use of barbed wire near schoolhouse 
 grounds, 28 1 7; penalty for wilfully failing or refusing to perform duty, 2822; 
 suit on bond of publisher to be brought, if books are not furnished at very 
 lowest price, 2827; director, officer, teacher, or member county board of edu- 
 cation, may not act as agent or dealer in text-books or supplies, 2834. 
 
 NEWSPAPER, notice of annual meeting in election precinct published for two 
 weeks in, 2755; bids must be invited by advertisement in, for four weeks 
 before contract to build may be made for more than $300, 2799; financial state- 
 ment of independent school district published in, two weeks before annual 
 meeting,- 2781; before purchasing text-books, board of directors or county 
 board of education must publish notice in, for three weeks, 2828. 
 
 NONRESIDENTS, board may contract for attendance in another district, 2774; may 
 attend in another district b . agreement of boards, 2803; may attend in another 
 district by concurrence of county superintendent and board, 2803; may attend 
 on such terms as the board may determine, 2804. 
 
 NONUSER OF SITE, for two-years, causes site to revert, 2816. 
 
 NORMAL INSTITUTES, see Teachers' Normal Institute. 
 
 NORMAL SCHOOL, location and object, 2675; controlled by board of trustees, 2675; 
 officers of board, 2675; treasurer of, to give bond, 2675; board of, employs 
 teachers, 2676; session of, must continue at least 26 weeks, 2676; effects of 
 alcoholic stimulants must be taught in, 2677; biennial report of, made to 
 governor, 2680; compensation of officers of, 2681. 
 
 NOTICE, of appointment of institute, 2622; of election to establish county high 
 school, 2728; to teacher, of charges, 2737; of annual meeting, 2746; for submit- 
 ting proposition to voters. 2749: of special meeting of voters, 2750; of subdis- 
 trict meeting, 2751; of special subdistrict ineeting, 2753; in each election pre- 
 cinct, 2755; of special meeting of board, 2757; given by secretary of all meetings 
 of voters, 2763; of what notice consists, 2763; of receipts and disbursements in 
 independent school districts, 2781; to teacher, before trial, 2782; of first meet- 
 ing in new school township, 2790; for formation of independent school district, 
 2794; to elect a board of directors, 2795; to vote upon changing to rural inde- 
 pendent school districts, 2797; for subdivision of independent districts, 2798; 
 for uniting independent districts, 2799; for uniting rural independent school 
 districts into a school township, 2800; of concurrent consent for attendance, 
 2803; to president of apportionment due, 2808; to president of taxes due, 2810; 
 of meeting to vote bonds, 2812; to owner of bonds, 2812; to owner of schoolhouse 
 site condemned, 2815; of appeal from assessment, 2815; to secretary to file tran- 
 script, 2319; of hearing of appeal, 2819: of appeal ;o state superintendent, 2820; 
 to accept bids for text-books, 2828; of election on county uniformity, 2831; of 
 voting upon free text-books, 2836. 
 
 OATH, any member of the board may administer oath of qualification to a member 
 olect, and to the president, 2758: of what oath consists, 2758; of secretary and 
 treasurer, 2760; of referees to condemn schoolhouse site, 2815. 
 
124 INDEX. 
 
 OFFICE, see Qualification for Office. 
 
 OFFICIAL BONDS, see Bonds. 
 
 OPINIONS, superintendent public instruction shall render, regarding the school 
 law, 2623. 
 
 ORCHARD, not to be taken by condemnation for schoolhouse site, 2814. 
 
 ORDERS, secretary shall draw, 2762; secretary shall countersign, 2762; secretary 
 shall keep register of, 2762; secretary shall furnish register of, to board, 2762; 
 treasurer shall register, 2768; treasurer shall pay, 2768; must state fund on 
 which it is drawn, 2768; part payment of, may be made, 2768; unpaid to draw 
 interest after indorsement, 2768; shall not be drawn until claim has been 
 audited, 2780; to pay judgment, 2811. 
 
 ORGANIZATION, of annual meeting, 2746; of subdistrict meeting, 2751; of board of 
 directors, 2757; of new school township, 2790; of independent school district, 
 2795; on or before first day of August, 2796; of rural independent school dis- 
 tricts from subdistricts of school township, 2797; of independent district out of 
 territory detached from other independent districts, 2798; of independent dis- 
 trict by uniting other independent districts, 2799; of school township from 
 rural independent school districts of civil township, 2800; of new subdistrict, 
 280 1 ; of county board of education, 2833. 
 
 OWNER, in certain cases, may object to site nearer than forty rods from his resi- 
 dence, 2814; refusing or neglecting to give site or road thereto, land may be- 
 taken by condemnation, 2815; secures premises when site reverts, 2816. 
 
 PARENT, name of, registered by secretary, 2764; list of heads of familes kept by 
 director of subdistrict, 2785; school taxes paid by, in any independent dis- 
 trict, may be deducted from tuition of nonresident child, 2804; child may not 
 be required to read bible contrary to wishes of, 2805. 
 
 PARK, may not be taken by condemnation for schoolhouse site, 2814. 
 
 PENALTY, of county superintendent for failure to make report, 2741; board fixes, 
 in bond of secretary and treasurer, 2760; for failure or refusal to perform 
 duty, 2822; shall be applied to use of schools, 2822. 
 
 PETITION, for formation of independent school district, 2794; to form rural inde- 
 pendent school districts from subdistricts of school township, 2797; for unit- 
 ing independent districts, 2799; to unite rural independent school districts into 
 a school township, 2800; for county uniformity of text-books, 2831. 
 
 PHYSIOLOGY AND HYGIENE, with reference to effects of stimulants, must be 
 taught in normal school, 2677; usual examination for teacher must include, 
 2736; certificate of teacher failing or neglecting to teach, shall be revoked, 
 2737; county superintendent must report extent to which requirements of the 
 law are observed, 2739; county superintendent may require assistance of 
 county attorney to enforce law, 2740; must be taught in all schools, 2775; must 
 be studied by every scholar, 2775; study of subject must be completed in that 
 class, before scholar is advanced, 2775. 
 
 PLACE, superintendent public instruction determines, of teachers' normal 
 ' institute, 2622; board of educational examiners meets at such, as president 
 may direct, 2629; petition for establishment of county high school must name, 
 2728; site for county high school must be selected at place named in the peti- 
 tion, 2730; county superintendent must hold examination at county seat on 
 last Friday and Saturday of each month, 2735; of annual meeting given in 
 notice, 2746; of subdistrict meeting given in notice, 1751; meetings of board 
 held any place within same civil township, 2757; notice of special meeting 
 of board must specify, 2757; secretary shall post notice of meetings in at least, 
 five public places, 2763; notice shall be posted at or near last place of meeting ? 
 2763; each notice shall state place of meeting, 2763; persons notified of, where 
 appeal will be heard, 2819. 
 
INDEX. 125 
 
 PLAT, of subiistricts shall bs made by secretary, 2S01; written description of, 
 shall be recorded in records of school township, 2801; copy of, shall be deliv- 
 ered to county treasurer and auditor, 2801; shall be recorded, 2801. 
 
 POISONS, sse Alchoholic Drinks. 
 
 POLL BOOK, must be provided for each precinct in districts having 5,000 or over, 
 divided into election precincts, 2756; secretary shall keep full record in, 2761. 
 
 POLLS, at elections in all districts except those of 5,000 or more, shall open at ] 
 P M., 2754; at subdistrict election, shall remain open not less than two hours. 
 2754; in independent school districts below 5 000, must remain open not less 
 than five hours, 2754; in rural independent school districts and school town- 
 ships, must remain open not less than two hours, 2754; in districts of 5,000 or 
 over having election precincts, shall be kept open from 9 A. M. until 7 P. M., 2756. 
 
 POPULATION, in districts including cities of the first class or cities under special 
 charter, board consists of seven members, 2754; in all other independent school 
 districts, board consists of five members, 2754; districts of 5,000 or over may be 
 divided into election precincts, 2755; any city, town, or village, of over IOC 
 may become the basis of an independent school district, 2794. 
 
 POSTAGE, for use of county superintendent, 2742; in appeal, must be paid by party 
 aggrieved, 2820. 
 
 POSTING OP NOTICES, see Notice. 
 
 PRECINCTS, see Election Precincts. 
 
 PRESIDENT, acts as judge of election, 2746; elected from board by ballot, 2757; may 
 call special meeting of board, 2757; any member may administer oath of qual- 
 ification to, 2758; vacancy in office of, filled by appointment, 2758; duties of, 
 2759; signs all contracts, 2759; presides at meetings of board, 2759; signs drafts 
 on county treasurer, 2759; appears for district in suits, 2759; bonds of secretary 
 and treasurer filed with, 2760; brings action on breach of bond, 2760; tempo- 
 rary, appointed, 2772; signs contract with teacher, 2778; approves contract 
 made by director of 'subdistrict and reports same to board, 2785; certifies 
 account for tuition to county auditor, 2803; receives notice of apportionment, 
 2808; draws draft on county treasurer, 2810; signs district bonds, 2812. 
 
 PROPERTY, schoolhouse or other, may be disposed of by annual meeting, 2749; 
 may be disposed of by special meeting, when schoolhouse is destroyed, 2750: 
 value of, reported by secretary, 2765; rules for care of, made by board, 2772; 
 schoolhouse, may be fenced by board, 2773; may be insured, 2783: when school- 
 house tax is levied on subdistrict, county treasurer shall keep amount sepa- 
 rate, 2810; tax on property of district shall be levied by board of supervisors 
 to pay judgment indebtedness, 2811; tax to pay bonds shall not exceed five 
 mills upon the dollar, 2813. 
 
 PROPOSITIONS SUBMITTED, to establish county high school, 2728; notice of annual 
 meeting given by secretary shall name propositions directed by the board to 
 be submitted, 2746; board may give notice in call for annual meeting that cer- 
 tain propositions named will be submitted, 2749; on written request of voters, 
 board must give notice that proposition will be submitted, 2749; notice of sub- 
 district meeting shall name amount of schoolhouse tax to be voted for. 2751; 
 for special schoolhouse tax by subdistrict, 2753; in each precinct of districts 
 having 5,000 or o<ver divided into election precincts, 2755; votes for and against 
 each, to be recorded by secretary, 2761; to change or displace text-books 
 before expiration of contract, 2829; to vote on county uniformity, 2831; to vote 
 on free text-books, 2836. 
 
 PROPOSALS TO BUILD, to exceed $300, invited by advertisement, 2779. 
 
 PUBLICATION, see Newspaper. 
 
 PUPIL, see Scholar. 
 
 QUALIFICATION FOR OFFICE, of deputy superintendent public instruction, 2621; 
 of secretary and treasurer normal school, 2675; of trustees county high school, 
 2729; of secretary and treasurer county high school, 2729; by director. 2758; 
 
126 INDEX. 
 
 by president of board, 2758; time of, fo.r secretary and treasurer, ten days, 
 760; by member or officer appointed, 2771; by directors of new independent 
 school district, 2795. 
 
 QUALIFICATION OF SURETIES, see Sureties. 
 
 QUESTIONS TO BE VOTED ON, see Propositions Submitted. 
 
 QUORUM, majority of board shall constitute, 2771. 
 
 RATE OF TAXATION, see Taxes. 
 
 RECEIPTS AND EXPENDITURES, statement of, made to annual meeting, 2780; in 
 city or town districts, published two weeks before annual meeting-, 2781. 
 
 RECORD, by superintendent public instruction, 2621; by board educational exam- 
 iners, 2633; by board trustees normal school, 2680; by board trustees county 
 high school, 2729; of examination of teachers, 2736; of result of voting in dis- 
 tricts of 5,000 or over, divided into election precincts, 2755; of vote for officers 
 of board, made by secretary, 2757; secretary keeps complete, 2761; secretary 
 makes full record of votes at annual meeting, 2761; secretary prepares regis- 
 ter of persons of school age, 2764; treasurer keeps account of receipts and 
 expenditures, 2768; of enumeration made by director of subdistrict, 2785: daily 
 register kept by teacher, 2789; proper record made on plat of district when 
 territory is attached, 2791; changes in subdistrict boundaries, shall be shown 
 on plat of school township, 2801; of changes in subdistrict boundaries shall be 
 made by county treasurer and auditor, 2801; of persons to whom bonds are 
 sold, kept by treasurer, 2812; of report of referees, 2815; transcript of, in 
 appeal, certified by secretary, 2819; of costs of appeal filed with clerk of dis- 
 trict court, 2821; of proceedings county board education kept in office of 
 county superintendent, 2833. 
 
 REFEREES, to assess damages when site is condemned, 2815; oath of, 2815; shall 
 report in writing, 2815; report of, filed and preserved in office of county super- 
 intendent, 2815; either party may appeal from assessment by, 2815; cost of 
 assessment by, paid by school district, 2815. 
 
 REGISTER, of voters in districts of 5,000 or over, divided into election precincts, 
 furnished and revised, 2755; by secretary, of persons of school age, 2764: 
 teacher must keep, 2789; files copy with secretary, 2789; of bonds in office of 
 county auditor, 2812; of persons to whom bonds are sold, 2812. 
 
 REGISTRATION OF VOTERS, see Register. 
 
 REPORTS, from county superintendents preserved, 2621; from superintendent pub- 
 lic instruction, 2625; of enumeration by superintendent public instruction to 
 auditor of state, 2625; from board educational examiners, 2633; from board 
 ' trustees normal school, 2680; from board trustees county high school, 2731: 
 from county superintendent annually, 2739; of blind, deaf and di.mb. and fee- 
 ble minded, by county superintendent, 2739; copies of, preserved by secretary. 
 2761; secretary to make annually, 2765; name and postoffice of officers reported 
 to county superintendent and treasurer, 2766; treasurer to make annually. 
 2769; director of subdistrict to make to secretary, 2785; teacher shall file with 
 county superintendent such reports as he may require, 2789; of interest on 
 permanent school fund, 2809. 
 
 RESIDENCE, of students in normal school, 2676; of students in county high school, 
 2733; of voter at school meeting, 2747; of officer or member of board, 2748; of 
 person between 5 and 21 entitles him to school privileges, 2773; scholars from 
 another district may attend, 2803; scholars not having residence in district, 
 may be admitted, 2804; schoolhouse may not be located by condemnation nearer 
 than forty rods of, if owner objects, 2814. 
 
 REVERSION, of schoolhouse site to owner, 2816. 
 
 REVOCATION, of teacher's certificate, 2731. 
 
 RIGHT TO VOTE, see Voters. 
 
 ROADS, see Highways. 
 
INDEX. 
 
 , provided for examination at county seat, 2735; nay be rented and teacbei 
 employed for ten or more children, 2774; kindergarten, may be established in 
 independent school districts, 2777; $25 annually of contingent fund may be 
 used for each, to purchase library books and apparatus, 2783; tuition and con- 
 tingent expenses based upon room in which child attends, 2803. 
 
 RULES AND REGULATIONS, board trustees normal school shall make, 2676; prin- 
 cipal county high school shall make, 2732; board directors shall make for its 
 own government, 2772; for officers and others, 2772; for care of schoolhouse and 
 other property, 2772; board shall aid teachers in enforcing, 2782: board may 
 expel scholar for violation of, 2782; for government of director of subdistrict? 
 2785; for sale of books and supplies, 2824; of county board of education, 2832: 
 to govern use of free text-books, 2837. 
 
 RURAL INDEPENDENT SCHOOL DISTRICT, corporate name, 2744; annual meeting. 
 2746; number of directors, 2754; polls open at 1 P. M. and remain open not less 
 than two hours, 2754; no teacher or other employe eligible as secretary, 2757: 
 change of boundaries in same civil township, 2793; formation of, 2797; subdi- 
 vision of, 2798; uniting of, 2799; erection into a school township, 2800. 
 
 S \LARIES, see Compensation. 
 
 SALE OF PROPERTY, may be directed by voters, 2749; when house is destroyed, 
 2750. 
 
 SCHOLAR, register of all of school age kept by secretary, 2764; report of number 
 enrolled and average attendance, 2765; report for deaf and dumb, blind, and 
 feeble minded, 2765; board shall make rules for government of, 2772; school- 
 house located for convenience of, 2773; board determines particular school 
 each shall attend, 2773; must attend school designated by board, 2773; an 
 actual resident shall be allowed to attend free of tuition, 2773; additional 
 school may be provided for any ten or more, 2774; instruction of, may be pro- 
 vided for in another district, 2774; board may pay transportation of, 2774; 
 must receive instruction in effects of stimulants, 2775; board may expel, 2782; 
 teacher may dismiss, 2782; may be readmitted, 2782; books may be loaned to, 
 2783; indigent, may be supplied with school books, 2783, enumeration of, by 
 director of subdistrict, 2785; shall be required to explain kind and plan of 
 articles exhibited at industrial exposition, 2786; teacher's register of, must 
 be kept, 2789; may attend in another district, 2803; school age of, 2804; non- 
 resident may attend, 2804; shall not be required to read bible, 2805: apportion- 
 ment based on number of, 2808; text-books loaned to, 2837; responsible for 
 damage to books, 2837; shall be allowed to purchase books at cost, 2837. 
 
 SCHOOL, may be visited by county superintendent, 2735; must be visited, when 
 requested by board, 2735; voters may instruct that added branches shall be 
 taught in, 2749; secretary notifies county superintendent when each begins, 
 2765; secretary reports to county superintendent for each, 2765; board pre- 
 scribes course of study for, 2772; board determines number of, 2773; deter- 
 mines particular school each child shall attend, 2773; designates period each 
 shall be held, 2773; shall be free of tuition to all residents, 2773; shall con- 
 tinue at least twenty-four weeks in each school year, 2773; county superin- 
 tendent may excuse board from maintaining, 2773; shall not be in session 
 during teachers' institute except by permission, 2773; extra school for ten or 
 more children, 2774; board may secure advantages of attendance in another 
 district, 2774; board may pay transportation of children to and from, 2774; 
 effects of stimulants must be taught in, 2775; graded or union may be estab- 
 lished, 2776; person to have general supervision of, may be selected, 2776; 
 kindergarten department may be established in any independent school dis- 
 trict, 2777; board shall provide for visiting, 2782; scholar expelled from, 2782; 
 scholar dismissed by teacher, 2782; library books and apparatus for each, 2783; 
 board shall provide water-closets for, 2784; director of subdistrict cares for 
 
128 INDEX. 
 
 schools, 2785; industrial exposition in. 2780; teacher of, must hold valid cre- 
 dential, 2788; teacher keeps register of, 2789: files register of, 2789; attend- 
 ance in another district, 2803; age for attendance, 2804; attendance of non- 
 residents, 2804; bible not excluded from, 2805; taxes for support of, 2806; 
 county tax for, 2807; semi-annual apportionment for, 2808; in cities or towns, 
 exempted from county uniformity, 2835; free text-books for, 2837. 
 
 SCHOOL, BOARD, see Board of Directors. 
 
 SCHOOL BONDS, see Bonds. 
 
 SCHOOL BOOKS, see Text-books. 
 
 SCHOOL DIRECTORS, see Board of Directors. 
 
 SCHOOL DISTRICT, each existing continues, 2743; may sue and be sued, 2743; has 
 exclusive jurisdiction over territory in, 2743; every, a body corporate, 274:5; 
 name of, 2744; board of, 2745; annual meeting of, 2746; right to vote in, 2747; 
 qualifications for officer of, 2748: powers of voters, 2749; special meeting of 
 voters, 2750; meetings of directors, 2757; election of officers, 2757; qualifica- 
 tion of directors, 2758; vacancies in office filled by appointment, 2758; duties of 
 president, 2759; suit to be brought in name of, 2759; bonds of secretary and 
 treasurer, 2760; duties of secretary, 2761-2767; duties of treasurer, 2768-2769; 
 quorum of board, 2771; vacancies in officers or members filled by ballot, 2771; 
 schoolhouse site for, 2773; division of, for school purposes, 2773; may maintain 
 higher schools, 2776; all contracts in, made by board, 2778; compensation of 
 secretary and treasurer, 2780; claims against, audited by board, 2780; may 
 have territory attached, 2791; territory restored, 2792; when boundaries are 
 changed, boards continue to act, 2802; assets and liabilities divided, 2802; 
 arbitrators may be appointed, 2802; either party may appeal to district court, 
 2802; attendance from another district, 2803; taxes for school purposes esti- 
 mated, 2806; levy of taxes, 2807; apportionment to, by county auditor, 2808; 
 taxes paid to, 2810; judgment paid by, 2811; tax to pay bonds or interest due, 
 2813; may take schoolhouse site by condemnation, 2814; may not use barbed 
 wire, 2817; provisions of law apply alike to every, unless otherwise stated, 
 2823; may adopt text-books if county uniformity is not in force, 2824; may pro- 
 vide free text-books, 2836; may discontinue loaning text-books, 2837. 
 
 SCHOOL ELECTIONS, see Election. 
 
 SCHOOL GROUNDS, see Schoolhouse Site. 
 
 SCHOOLHOUSE, voters may sell or otherwise dispose of, 2749; voters may direct 
 use of, 2749; voters may provide roads to, 2749; voters may direct that, shall 
 be used for meetings of public interest. 2749; voters at annual meeting may 
 vote tax to build, 2749; voters of district vote tax to build, at special meeting, 
 2750; voters of subdistrict vote tax to build, 2753; notice of district meetings 
 shall be posted at the door of each, 2763; board has care of. 2772; site fixed by 
 board, 2773; site fenced by board, 2773; plans for, must be approved by county 
 superintendent, 2779; when built or repaired to extent of over $300, must be 
 by advertisement, 2779; may be insured, 2783: water-closets for, must be pro- 
 vided, 2784; board may authorize director of subdistrict to look after, 2785; 
 may not be inclosed with barbed wire. 2817; location of, when site is con- 
 demned, 2814. 
 
 SCHOOLHOUSE FUND, see Funds. 
 
 SCHOOLHOUSE SITE, fixed by board, 2773; fenced by board, 2773; shade trees on, 
 2787; in incorporated town, may include an entire block, 2814; taken by con- 
 demnation must be on public highway, 2814-2815; reversion to owner, 2816: 
 may not be fenced with barbed wire, 2817. 
 
 SCHOOL LAWS, publication of, 2624; in cloth, how distributed, 2624; in paper cov- 
 ers, how distributed, 2624; to be delivered to successor, 2624; amendments to, 
 published, 2624; amendments to, distributed, 2624; volume of, surrendered to 
 successor, 2770. 
 
INDEX. 129 
 
 SCHOOL MONTH, is of four school weeks of five days each, 2778. 
 
 SCHOOL, OFFICER, see title of officer. 
 
 SCHOOL, ORDERS, see Orders. 
 
 SCHOOL, TAXES, see Taxes. 
 
 SCHOOL, TEACHERS, see Teachers. 
 
 SCHOOL, TOWNSHIP, corporate name, 2744; board of, 2745; annual meeting, 2746; 
 number of directors, 2752; polls must open at 1 P. M. and remain open not less 
 than two hours, 2754; duties of director in subdistrict of, 2785; newly formed, 
 2790; formed from rural independent school districts, 2800; divided into sub- 
 districts, 2801; apportionment of schoolhouse tax among subdistricts of, 2806. 
 
 SCHOOL, WARRANTS, see Orders. 
 
 SCHOOL WEEK, is of five school days, 2773; compensation of teacher may be agreed 
 to for, 2778. 
 
 SCHOOL YEAR, see Year. 
 
 SECRETARY, board trustees normal school elected, 2675; compensation of, 2681; of 
 board trustees county high school, 2729; of subdistrict meeting, 2751; of county 
 board of education, 2833. 
 
 SECRETARY, acts as judge of annual election, 2746; if no subdirector, gives 
 notice of subdistrict meeting, 2751; certifies special schoolhouse tax, 2753; 
 chosen outside of board, 2757; elected by ballot, 2757; records vote, 2757; 
 in independent districts no teacher or other employe of board eligible as, 
 2757; appears in suits when president is a party, 2759; gives bond, 2760; takes 
 oath, 2760; qualifies within ten days, 2760; files copies of reports and papers, 
 2761; keeps a complete record, 2761; keeps a separate account of each fund, 
 2761; keeps an accurate account of all expenses, 2761; presents account of 
 expenses to board to be audited, 2761; keeps record of votes at annual meet- 
 ing, 2761; countersigns warrants and drafts, 2762; draws orders, 2762; keeps 
 register of orders, 2762; furnishes board copy register of orders, 2762; gives 
 notice of all meetings, 2763; prepares register persons of school age, 2764; 
 reports each school to county superintendent, 2765; files report annually with 
 county superintendent, 2765; reports name and postoffice of officers, 2766; cer- 
 tifies taxes, 2767; vacancy in office of, filled by board, 2771; temporary, 
 appointed, 2772; files contract of teacher, 2778; compensation of, fixed by board, 
 2780; records list of enumeration made by director of subdistrict, 2785; records 
 order attaching territory, 2791; gives notice of election to unite rural inde- 
 pendent school districts into a school township, 2800; delivers copy of descrip- 
 tion of subdistricts to county treasurer and auditor, 2801: countersigns bonds, 
 2812; files transcript of record in appeal, 2819. 
 
 SEMI-ANNUAL APPORTIONMENT, number persons for, reported to auditor of state, 
 2625; number persons for, filed with county auditor, 2739; taken into account 
 in estimating teachers' fund, 2806; made by county auditor. 2808. 
 
 SEX, see Women. 
 
 SHADE TREES, see Trees. 
 
 SITES, see Schoolhouse Site. 
 
 SPECIAL MEETING, of any district when schoolhouse is destroyed, 2750; of subdis- 
 trict, 2753; of board, 2757; notice of, 2757; may be called by president, 2757; 
 may be called by written request of a majority of the board, 2757; form of 
 notice for, 2763; to organize new township, 2790; to form independent school 
 district, 2794; to organize rural independent school districts, 2797; to subdi- 
 vide independent district, 2798; to unite independent districts, 2799: to unite 
 rural independent school districts into a school township, 2800; of board to 
 change subdistrict boundaries, 2801; to estimate school taxes, 2S06; to vote 
 bonds, 2812. 
 
 STATE AUDITOR, see Auditor of State. 
 
 STATE CERTIFICATE, see Certificate and Diploma. 
 9 
 
130 INDEX. 
 
 STATEMENT, of time engaged in performance of duties, made by county superin- 
 tendent, 2742; rendered by treasurer to board at any time, 2769; of receipts and 
 expenditures, made to annual meeting, 2780; in independent school districts, 
 published in newspaper, 2781. 
 
 STATE TREASURER, see Treasurer of State. 
 
 STATIONERY, for use of county superintendent, 2742. 
 
 STATISTICS, see Reports. 
 
 STIMULANTS, see Alcoholic Drinks. 
 
 STUDIES, see Course of Study. 
 
 SUBDISTRJCT, a subdivision of a school township, 2744; director for, elected for 
 one year, 2745; right to vote in, 27 47; qualifications for director of, 2748; annual 
 meeting of, 2751; notice of amount of schoolhouse tax to be voted in, 2751; 
 notice of annual meeting in, 2751; powers of annual meeting, 2751; meeting 
 :shall not organize earlier than 9 A. M., nor adjourn before 12 M., 2751; embrac- 
 ing entire school township, 2752; special meeting of, to vote schoolhouse tax, 
 2753; vote of schoolhouse tax in, certified to secretary of school township, 2753; 
 schoolhouse tax voted by, levied on subdistrict, 2753; director of, may be 
 instructed to make certain contracts, 2785; director of, shall prepare list 
 children of school age, 2785; director of, shall report list to secretary, 2785; 
 director of, may hold industrial exposition, 2786; may be formed from rural 
 independent school districts, 2800; may be created, 2801; boundaries of, 
 changed by vote of majority of board, 2801; boundaries of, conform to con- 
 gressional lines, 2801; plat of, to be made, 2801; description of, to be recorded 
 in records of school township, 2801; copy of description delivered to county 
 treasurer and auditor, 2801; changes in boundaries of, take effect first Monday 
 in March, 2801. 
 
 SUBDTSTRICT MEETING, held annually, 2751; officers of, 2751; special, to vote 
 schoolhouse tax, 2753. 
 
 SUBPOENAS, for witnesses, may be issued by county superintendent, 2821. 
 
 SUCCESSOR IN OFFICE, all matters turned over to, by superintendent public 
 instruction, 2621; volume of school laws to be turned over to, 2624; appointed 
 member board educational examiners not to succeed himself, 2628; director 
 holds until successor is elected and qualified, 2758. 
 
 SUFFRAGE, who has right of, 2747. 
 
 SUIT, to recover penalty from county superintendent, 2741; any district may sue 
 and be sued, 2743; president appears for district in, 2759; if president is a 
 party in, secretary appears for district, 2759; board may employ counsel in, 
 2759; brought against secretary or treasurer in case of breach of bond, 2760; 
 for wilful failure or refusal to perform duty, 2822; brought in name of county, 
 2822; on bond of publisher of text-books, 2827; against school officer acting as 
 agent for text-books or supplies, 2834. 
 
 SUPERINTENDENT PUBLIC INSTRUCTION, shall have office in capitol, 2621; may 
 appoint deputy, 2621; files papers, reports, and documents. 2622; keeps record 
 of things done, 2622; turns office over to successor, 2622; is charged with gen- 
 eral supervision of all county superintendents and the common schools, 2622: 
 may meet county superintendents in convention, 2622; shall appoint teachers' 
 institutes, 2622; shall attend teachers' institutes, 2622; shall render opinions 
 on the school law, 2623; shall determine cases on appeal from county superin- 
 tendents, 2623; shall have school laws printed and distributed, 2624; shall have 
 amendments distributed, 2624; may subscribe for educational school paper, 
 2624; may furnish copy of paper to county superintendents, 2624; shall report 
 to auditor of state number persons of school age, 2625; shall report biennially 
 to the governor, 2625; shall receive and transmit $50 for each institute, 2(>2G; 
 salary of, 2627; traveling expenses of, 2627: is president board educational 
 examiners, 2628; is president board trustees normal school, 2G75; receives 
 
INDEX. 131 
 
 reports from county superintendents, 2739; approves coursaof study for graded 
 or union schools, 2776; receives certificate of qualification of county superin- 
 tendent, 2809; hears appeal from county superintendent, 2820; shall not render 
 a judgment for money, 2820; receives report from county superintendent oJ 
 list of text-books adopted, 2833. 
 
 SUPERVISION, by superintendent public instruction, 2622; by county superintend- 
 ent, 2735; by board of directors, 2772; by person selected by board, 2776. 
 
 SURETIES, of treasurer normal school, 2675; of trustees county high school, 2729; 
 of treasurer county high school, 2729; of secretary and treasurer of board, 
 2760; of contractor to build, 2779; of person to keep books and supplies for sale 
 for district, 2824; of contractor to furnish books and supplies, 2830; bonds of 
 surety companies accepted, 2830. 
 
 SURETY COMPANIES, bonds of, shall be accepted on bond of contractor to furnish 
 text-books, 2830. 
 
 SUSPENSION, see Expulsion of Scholar. 
 
 TAXES, estimated by board trustees county high school, 2730; women may vote 
 upon question of, 2747; voters may vote schoolhouse, at annual meeting, 2749; 
 board may give notice that proposition to vote, will be submitted, 2749; board 
 shall give notice that proposition to vote, will be submitted, 2749; may be 
 voted to replace schoolhouse destroyed, 2750; notice given by director of sub- 
 district that schoolhouse, will be voted, 2751; voted at special meeting of sub- 
 district, 2753; shall not exceed in all fifteen mills on the dollar, 2753; Certified 
 by secretary of subdistrict meeting, to secretary of school township, 2753; 
 levied by board of supervisors upon property of subdistrict only, when, 2753; 
 president signs drafts for taxes collected, 2759; secretary certifies to board of 
 supervisors amount fixed for contingent and teachers' fund, 2767; secretary 
 certifies schoolhouse tax voted at regular or special meeting, 2767; secretary 
 certifies provision made for payment of principal or interest of bonds due, 
 2767; collected for building schoolhouses, called schoolhouse fund, 2768; col- 
 lected for expenses necessary to keep the schools in operation, the contingent 
 fund, 2768; collected for the payment of teachers, the teachers' fund, 2768; 
 board estimates and publishes amounts necessary to maintain schools, 2781; to 
 purchase free text-books provided by board, 2783; void for school township 
 when independent school district is created, 2796; when independent school 
 district is formed, board estimates and certifies all necessary taxes, and board 
 of supervisors levies same, 2798; for teachers' and contingent funds, deter- 
 mined by board by third Monday in May, 2806; limit of, for contingent fund, 
 2806; for uniformity of text-books, 2806; limit of, for teachers' fund, 2806; on 
 territory in adjoining counties, may be estimated in mills, 2806; for school- 
 house fund, apportioned among subdistricts. 2806; levy by board of supervis- 
 ors, 2807; levy of schoolhouse tax voted at special meeting, 2807; levy of one 
 to three mills county tax, 2807; apportioned by county auditor, 2808; presi- 
 dent to be notified of tax collected, 2808; president issues warrant in favor of 
 district treasurer, 2808; county treasurer gives notice of amount collected. 
 2810; county treasurer pays to district treasurers quarterly, 2810; county 
 treasurer keeps separate tax levied directly upon a subdistrict, 2810; voters 
 vote tax to pay judgment, 2811; if voters do not vote tax to pay judgment, 
 board certifies amount required to board of supervisors, who shall levy tax, 
 2811: board fixes amount necessary to pay principal or interest, if needed, 
 2813; board certifies to board of supervisors not to exceed $1.50 annually for 
 each person of school age. on contingent fund, for text-books and supplies to 
 be resold, 2825. 
 
 TEACHERS, number in the state reported, 2625; state certificates and diplomas to. 
 2629; state certificate to primary teachers, 2630; shall have state certificate or 
 diploma registered with county superintendent, 2632: may attend normal 
 
132 INDEX. 
 
 school, 2676; in normal school reported, 2680; in county high school reported, 
 2731; receive blanks and circulars through county superintendents, 2735; 
 county examination of, last Friday and Saturday in each month, 2735; exami- 
 nation of, to be public, 2735; special examination of, 2735; examination in the 
 usual subjects, 2736; examination in special studies, 2736; shall not be employed 
 to teach any study not included in certificate, 2736; usual certificate not to 
 exceed term of one year, 2737; certificate for two years, 2737; certificate may 
 be revoked after an investigation, 2737; when certificate shall be revoked, 
 2737; normal institute held for, annually, 2738; fee for registration at institute, 
 2738; fee of applicant for examination, 2738; number employed reported by 
 secretary, 2765; money received for payment of, the teachers' fund, 2768; rules 
 and regulations for government of, made by board, 2772: must give instruction 
 in effects of alcoholic stimulants, 2775; in kindergartens must hold kindergar- 
 ten certificate from county superintendent, 2777; elected by board in all cases, 
 2778; contracts with, what they must contain, 2778; contracts with, signed by 
 president and teacher, 2778; contracts with, filed with secretary, 2778: aided 
 in government of school by board, 2782; may by majority vote of board be dis- 
 charged, 2782; before being discharged shall have fair trial, 2782; may tem- 
 porarily dismiss a scholar, if empowered by board, 2782; may readmit a scholar, 
 if dismissed by teacher, 2782; may not be employed unless having a valid cer- 
 tificate of qualification, 2788; may not be paid from school funds for teaching 
 without a certificate, 2788; shall keep daily register, 2789; shall keep separate 
 register for nonresident scholars, 2789; shall file copy of register with secre- 
 tary, 2789; shall file reports with county superintendent, 2789; may not act as 
 agent or dealer in text-books or supplies, 2834. 
 
 TEACHER'S CONTRACT, see Contracts. 
 
 TEACHERS' NORMAL INSTITUTES, appointed, 2622: must remain in session at least 
 six days, 2622; superintendent public instruction shall attend, 2622; aided by 
 state appropriation of $50 annually, 2626; county superintendent shall hold 
 annually, 2738; registration fee from each person attending, 2738; institute 
 fund, 2738; board of supervisors may appropriate additional sum for, 2738; dis- 
 bursement of fund shall be only for services rendered or expenses incurred, 
 2738 
 
 TERM OF OFFICE, member board educational examiners appointed for four years, 
 2628; of member board trustees county high school, 2729; of member board of 
 directors. 2745; of treasurer in independent school districts, 2754; of president 
 of board, 2757; of secretary and treasurer, 2757; of member board of directors 
 appointed, 2758; director shall hold office for the term to which he is elected, 
 2758; and until his successor is elected and qualified, 2758; at end of, books 
 shall be surrendered to successor, 2770; when independent school district is 
 organized, 2795. 
 
 TERRITORY, each district has exclusive jurisdiction over all, therein contained, 
 2743; contained in ward or other division of district for school purposes, 2773; 
 of new civil township constitutes a school township, 2790; may be attached to 
 adjoining district, if natural obstacles intervene, 2791; restored to district 
 to which it geographically belongs, 2792; change of boundary lines between 
 independent districts in same civil township, 2793; contiguous, may be included 
 . in independent school district at formation, 2794; taxes void upon part of, 
 included in independent school district, 2796; may be detached from inde- 
 pendent districts to form new independent district, 2798; in every case of 
 transfer of, division of assets and liabilities must be made, 2802; school tax on, 
 in independent district where nonresident child attends, shall be deducted 
 from tuition, 2804. 
 
 TESTIMONY, taken in trial of an appeal, 2819; witnesses may be subpoenaed to 
 give, in trial of an appeal, 2821. 
 
INDEX. 13S 
 
 TEXT-BOOKS, used by county high school reported, 2731; used in district reported, 
 2765; furnished to indigent children, 2783; purchased and loaned with contin- 
 gent fund, 2783: board of directors certifies sum authorized under district 
 uniformity, 2806; board of directors in county -not having uniformity maj 
 adopt, 2824; may contract for and buy, 2824; books and supplies to be undei 
 charge of board, 2824: board may select persons within the county to keej 
 books and supplies for sale, 2824; bond shall be required of person keeping 
 books and supplies for sale, 2824; paid for out of the contingent fund, 2825: 
 am unt certified annually to secure, not to exceed $1.50 for each person oJ 
 school age in the district, 2825; no debt shall be contracted to purchase, 2825: 
 in purchasing, books in use must be taken into consideration, 2826; board may 
 arrange for exchange of, 282G; must be furnished at very lowest price, 2827; 
 before purchasing, notice for bids must be given, 2828; before accepting bid. 
 competent persons may be consulted, 2828; change in, not to be made within 
 five years, unless by vote of electors, 2829; samples of, filed in office of county 
 superintendent, 2830; samples kept for public inspection, 2830; bond taker 
 from contractor, 2830; bonds of surety companies to be accepted, 2830; petitions 
 for county uniformity of, 2831; if county uniformity carries, county board o1 
 education contracts for, 2832; depositories for sale of, arranged for, 2832; list 
 of, reported by county superintendent to state superintendent, 2833; school 
 officers not to be agents for, 2834; cities and towns exempted from county uni- 
 formity, 2835: cities and towns may buy same books if electors so decide, 2835; 
 question of i'ree text-books submitted, 2836; if voted, board shall procure 
 books to be loaned, 2837; board shall adopt rules and regulations for preser- 
 vation of, 2837; any scholar allowed to purchase at cost, 2837; no free text- 
 books supplied until needed, 2837; loaning of, may be discontinued, 2837. 
 
 TIE VOTE, how determined, 2754. 
 
 TIME, of holding teachers' normal institute fixed by superintendent public 
 instruction, 2622; that annual meeting will be in session must be stated in 
 notice, 2746; that subdistrict meeting will be held shall be stated in notice, 
 2751; that polls must remain open, in different districts, 2754; that special 
 meeting of board shall be held must be given in notice, 2757: secretary and 
 treasurer shall qualify within ten days, 2760: of meeting, stated in notice, 2763; 
 teacher must be given reasonable time to make defense against charges. 2782; 
 appeal must be taken within thirty days, 2818: secretary must send transcript 
 within ten days, 2819; county superintendent notifies persons when appeal 
 will be heard, 2819: thirty days' notice of hearing appeal given by superin- 
 tendent public instruction, 2820. 
 
 TOWN, may become basis of independent school district, 2794. 
 
 TOWNSHIP, see Civil Township, and School Township. 
 
 TRANSCRIPT, secretary shall be notified by county superintendent to furnish, 
 2819; secretary shall certify transcript to be correct, 2819; after transcript is 
 filed, county superintendent shall notify in writing where appeal will be heard, 
 2819; of costs in appeal filed in office of clerk of court, 2821. 
 
 TRANSFER, a surplus in the schoolhouse fund may be transferred to teachers' or 
 contingent fund by annual meeting, 2749; of territory to adjoining district, 
 2791; restoration of territory to district in which it geographically belongs, 
 2792; by change of boundaries between independent districts in same civil 
 township, 2793; assets and liabilities must be divided in case of, 2802. 
 
 TRANSPORTATION OF CHILDREN, board may arrange for, 2774. 
 
 TREASURER, of normal school, 2675; of county high school, 2729. 
 
 TREASURER, in certain districts, chosen by the electors, 2754; chosen outside the 
 board, 2757; elected by ballot, 2757: gives bond, 2760; takes oath of office, 2760; 
 has ten days in which to qualify, 2760; receives all moneys, 2768; pays out 
 moneys, 2768; keeps account of receipts and expenditures, 2768; registers all 
 
134 INDEX. 
 
 orders, 2768; keeps separate account with each fund. 2768; makes partial pay- 
 ments, 2768; indorses unpaid orders, 2768; renders statement of finances, 
 2769; makes annual report to board, 2769; files copy of report with county 
 superintendent, 2769; vacancy in office of, filled by board, 2771; compensation 
 fixed by board, 2780; draws money from county treasury, 2808; receives taxes 
 quarterly, 2810; receives bonds and is charged with them, 2812; sells bonds 
 and applies proceeds, 2812; keeps record of persons to whom bonds are sold, 
 2812. 
 
 TREASURER OF STATE, board of educational examiners pays fees to, 2631. 
 
 TREES, number in thrifty condition to be reported, 2765; board shall have twelve 
 or more growing on each schoolhouse site, 2787; i'or failure or neglect to pro- 
 tect, county superintendent shall call attention of board, 2787; ground included 
 in orchard, may not be taken for schoolhouse site by condemnation, 2814. 
 
 TRIAL, before state certificate or diploma may be revoked, 2631; before certificate 
 of teacher may be revoked by county superintendent, 2737; before teacher 
 may be discharged by board, 2782; of appeal to county superintendent, 2819; 
 of appeal to superintendent of public instruction, 2820. 
 
 TRUSTEES, see Board of Trustees. 
 
 TUITION, in normal school, 2676; in county high school, 2733; average cost per 
 month for each scholar, reported by secretary, 2765; every school free of, to 
 actual residents, 2773: may be paid by board in another district, 2774; boards 
 may agree upon, 2803; when child attends by consent of board and county 
 superintendent, 2803; for nonresident children, fixed by board, 2804; school 
 tax paid by parent whose nonresident child attends, may be deducted from, 
 in independent district, 2804. 
 
 UNIFORMITY OF TEXT-BOOKS, see Text-books-. 
 
 UNION SCHOOLS, see Graded Schools. 
 
 UNKNOWN OWNER, see Owner. 
 
 VACANCY IN OFFICE, of trustee county high school, how filled, 2729; in board of 
 directors, filled by appointment, 2758; of officer or member of board, filled by 
 ballot, 2771. 
 
 VILLAGE, may become basis for independent school district, 2794. 
 
 VISITATION OF SCHOOLS, by county superintendent at his discretion, 2735; by 
 county superintendent upon request of a majority of the board, 2735; provided 
 for by board, 2782. 
 
 VOTERS, of district hold annual meeting, 2746; who may vote, 2747; powers of, at 
 annual meeting, 2749; powers of, at special meeting of district, 2750; of subdis- 
 trict, hold annual meeting, 2751: special meeting of subdistrict, to vote school- 
 house tax, 2753; register of, in districts of 5,000 or over, divided into election 
 precincts, 2755; petition for formation of independent school district, 2794; 
 vote on formation of independent school district, 2794; vote on forming inde- 
 pendent districts from subdistricts, 2797; vote on subdividing independent 
 district, 2798; vote on uniting independent districts, 2799; vote on uniting 
 rural independent school districts into a school township, 2800; vote tax to 
 pay judgment indebtedness, 2811; vote on issue of bonds to pay judgment 
 indebtedness, 2812; in independent school districts, vote to issue bonds for 
 original indebtedness, 2812; authorize board to change or displace text-books, 
 2829; vote upon county uniformity, 2832; in cities and towns, authorize board 
 to adopt books used in county uniformity, 2835; authorize free text-books, 
 2836; direct the loaning of text-books discontinued, 237. 
 
 WARD, school tax paid by guardian of nonresident, in an independent district, 
 deducted from tuition, 2804. 
 
 WARDS, district divided into, or other divisions, for school purposes, 2773. 
 
 WARRANTS, see Orders. 
 
INDEX. 135 
 
 WATER-CLOSETS, board shall give special attention to matter of, 2784; in inde- 
 pendent school district, shall be separated by solid or continuous barrier, 
 2784; approaches to outside doors of, separated by close fence, 2784; must be 
 kept in wholesome condition and good repair, 2784. 
 
 WITNESSES, may be subpoenaed in appeal by county superintendent, 2821;-attend- 
 ance of, may be compelled, 2821; compensation of, 2821. 
 
 WOMEN, one member board educational examiners must be a woman, 2628; county 
 superintendent may be a woman, 2734; right to vote on taxes or issuing bonds 
 not denied to women, 2747; any school officer or member of board may be 
 a woman, 2748; shall not be prohibited from voting at elections at which they 
 are entitled to vote, 2755. 
 
 WRITTEN CONTRACT, see Contracts. 
 
 YEAR, usual certificate given for term not to exceed one year, 2737; certificate 
 for two years given, 2737; for organization of board, 2757; for election of sec- 
 retary and treasurer by board, 2757; for enumeration by secretary, 2764; for 
 report of secretary to county superintendent, 2765; for report of treasurer to 
 county superintendent, 2769; minimum, for school purposes, 2773; for school 
 purposes commences third Monday in March, 2773; for financial statement to 
 be published, 2781; for enumeration, by director of subdistrict, 2785; for 
 organization of school township, 2790; for division of school township into 
 subdistricts, 2801; for certifying of taxes regularly voted, 2806; for certifying 
 and levying of schoolhouse tax voted at special meeting, 2807. 
 
 YOUTH, see Enumeration, and Scholar. 
 
DECISIONS 
 
 IN 
 
 Compiled for the Use of School Officers. 
 
 OF" 18QT. 
 
 Superintendent of Public Instruction. 
 
PREFACE. 
 
 For this compilation, typical cases have been selected. As usual, decisions 
 are given entire. Well-settled conclusions are thus repeated, the case being* 
 included to present some additional particular. Some cases may also contain 
 references not in conformity with the new law. The index after the decisions 
 will be found valuable for study and reference. 
 
 Not all actions may be appealed from. If a money consideration is the prin- 
 cipal issue, appeal will not lie. A matter involving the validity of district 
 organization may be determined only in the courts. If the validity, interpreta- 
 tion, or enforcement of a contract is the leading feature, a court must hear the 
 case. The right to hold an office must be decided in court. Appeal may not be 
 taken from an action of the voters; an application to a court is the legal remedy. 
 
 Familiarity with the contents of this volume may frequently enable a board tc 
 foresee a probable grievance, and afford it the opportunity by timely deliberation 
 and wise action to remove or lessen the possibility of an appeal. In the same 
 way, persons aggrieved may first satisfy themselves whether the risks and uncer- 
 tainties of an appeal seem to be overcome by the strong probability that * 
 reversal of the order of the board will be secured. If an appeal is brought with- 
 out good reason or if the appeal is not sustained, the county superintendent is 
 required to tax the costs to the appellant. 
 
 The result of an appeal is seldom satisfactory to all the parties. It is always 
 desirable to avoid an appeal if the same conclusions can be reached by some less 
 objectionable method. A careful study of the legal principles contained in the 
 following decisions will supply a ready answer to many questions likely to arise, 
 thus often entirely obviating the necessity for an appeal. 
 
 / HENRY SABIN, 
 
 Superintendent of Public Instruction. 
 October 1, 1897. 
 
TABLE OF CASES. 
 
 TABLE OF CASES. 
 
 Amsden v. Macedonia 71 
 
 Arthur v. Fairway 22 
 
 Bacon v. Liberty 18 
 
 Badger, O'Connor v 40 
 
 Baker v. Waukon 32 
 
 Bartlett v. Spencer 28 
 
 Belmond, Thompson v 60 
 
 Benson et al. v. Silver Lake 66 
 
 Boomer, Remington v 10 
 
 Boyle, Grey v 68, 69 
 
 Brighton, Woods v 21 
 
 Brown v. Van Meter 19 
 
 Burrington, Moody v 12 
 
 Buzzard v. Liberty 23 
 
 Cedar, Miner v 8 
 
 Center, Folsom v 38, 46 
 
 Center, Sheaf e v 54 
 
 Charles City, Harwood v 15 
 
 Clarence, Tanner v 52 
 
 Claxton v. Holmes 59 
 
 Colburn v. Silver Lake 27 
 
 Cormack v. Lincoln 26 
 
 Crawford, Walker v 42 
 
 Curry v. Franklin 5 
 
 Dallas, Golf v 5.5 
 
 Davis v. Linn 44 
 
 Davis v. Madison 11 
 
 Deck v Eden 37 
 
 Des Moines, Handersheldt v 29 
 
 Donald v. South Fork 24 
 
 Donelon v. Kniest 49 
 
 Eagle, Reed v. . . . 53 
 
 Eden, Deck v 37 
 
 Eden, Kelley and Smith v 48 
 
 Eldon, Taylor v 13 
 
 Empire, Watkins v 46 
 
 Erin. Meleney v 41 
 
 Exira, Watson v. . . . 14 
 
 Fairway, Arthur v 22 
 
 Fallon v. Fort Dodge 67 
 
 Fieldberg, Sever ied et al. v 61 
 
 Folsom v. Center 38, 46 
 
 Forsythe v. Kirkville 57 
 
 Fort Dodge, Fallon v 67 
 
 Franklin, Curry v 5 
 
 Fremont, Hook v 9 
 
 Glen wood, Rogness v 68 
 
 Goff v. Dallas 55 
 
 Costing v. Lincoln . . . 18 
 
 Grant, Odendahl v 80 
 
 Gregory v. McCord 70 
 
 Grey v. Boyle 68, 69 
 
 Grove, McKee v 72 
 
 Handersheldt v. Des Moines 29 
 
 Hartford, Ingraham v 63 
 
 Harwood v. Charles City 15 
 
 Heath v. Iowa 74 
 
 Heffern et al. v. Tipton 51 
 
 Helms v. Madrid 78 
 
 Himelick v. Pleasant 65 
 
 Hodge v. Young 44 
 
 Holmes, Claxton v. .' 59 
 
 Hook v. Fremont 9 
 
 Hosington v. Union . . 34 
 
 Hoskins v. Lincoln 50 
 
 Hubbard v. Lime Creek 17 
 
 Ingraham v. Hartford 63 
 
 Iowa, Heath v 74 
 
 Jackson v. Steamboat Rock 79 
 
 Jacoby v. Nodaway 25 
 
 Jasper, Thompson v 20 
 
 Johnston v. Utica 35, 36 
 
 Kelley and Smith v. Eden 48 
 
 Ken worthy v. Oskaloosa 64 
 
 Keystone, Tompkins v 33 
 
 Kirkville, Forsvthe v . . 57 
 
TABLE OF CASES. 
 
 Klein v. Oskaloosa 75 
 
 Kniest, Donelon v 49 
 
 Lester, Sipple v 6 
 
 Liberty, Bacon v 18 
 
 Liberty, Buzzard v 23 
 
 Lime Creek, Hubbard v 17 
 
 Lincoln, Cormack v 26 
 
 Lincoln, Gosting v. 18 
 
 Lincoln, Hoskins v 50 
 
 Lincoln, Maxwell v 47 
 
 Linn, Davis v 44 
 
 Lodomillo, Rankin v 27 
 
 Macedonia, Amsden v 71 
 
 Madison, Davis v 11 
 
 Madrid. Helms v 78 
 
 Marshall v. Marshall 32 
 
 Maxwell v. Lincoln 47 
 
 McCord, Gregory v . . 70 
 
 McKee v. Grove 72 
 
 McMillan v. Waveland 73 
 
 Meleney v , Erin 41 
 
 Miner v. Cedar 8 
 
 Monroe, Wilson v 23 
 
 Moody v. Burrington 12 
 
 Nodaway, Jacoby v 25 
 
 No. Seven, Webster \ 56 
 
 O'Connor v. Badger 40 
 
 Odendahl v. Grant 80 
 
 Oskaloosa, Ken worthy v 64 
 
 Oskaloosa, Klein v 75 
 
 Park v. Pleasant Grove 30 
 
 Peck v. Polk 10 
 
 Pleasant, Himelick v 65 
 
 Pleasant Grove, Park v 30 
 
 Polk, Peck v 10 
 
 Randall v. Vienna. . . 13 
 
 Rankin v. Lodomillo 27 
 
 Reed v. Eagle 53 
 
 Remington v. Boomer 10 
 
 Rogness v. Glenwood 68 
 
 Scheppele v. Stone Hill 58 
 
 Severied et al. v. Fieldberg 61 
 
 Sheafe v. Center 54 
 
 Silver Lake, Benson et al. v 66 
 
 Silver Lake, Colburn v 27 
 
 Sipple v. Lester 6 
 
 South Fork, Donald v 24 
 
 Spencer, Bartlett v 28 
 
 Steamboat Rock, Jackson v 79 
 
 Stone Hill, Scheppele v 58 
 
 Tanner v. Clarence 52 
 
 Taylor v. Eldon 13 
 
 Thompson v. Belmond 60 
 
 Thompson v. Jasper 20 
 
 Tiptdn, Heffern et al. v 51 
 
 Tomkins v. Keystone 33 
 
 Union, Hosington v 34 
 
 Utica, Johnston v 35, 36 
 
 Van Meter, Brown v 19 
 
 Vienna, Randall v 13 
 
 Walker v. Crawford 42 
 
 Watkins v. Empire 46 
 
 Watson v. Exira 14 
 
 Waukon, Baker v 32 
 
 Waveland, McMillan v 73 
 
 Webster v. No. Seven 56 
 
 Weldon, Winget v 73 
 
 Wilson v Monroe 23 
 
 Winget v. Weldon 73 
 
 Woods v. Brighton 21 
 
 Young, Hodge v 44 
 
SCHOOL LAW DECISIONS. 
 
 S. L. CURRY v. DISTRICT TOWNSHIP OF FRANKLIN. 
 Appeal from Decatur County. 
 
 COUNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an affidavit 
 
 is filed in his office. The appeal must be taken by affidavit. 
 
 AFFIDAVIT. An affidavit is a statement in writing of the errors complained of, 
 
 signed and made upon oath before an authorized magistrate. 
 
 JURISDICTION. An application for an appeal filed within thirty days from the act 
 
 complained of will not give the county superintendent jurisdiction of the case, 
 
 NOTICE. The county superintendent should not issue notice of final hearing 
 
 until the transcript of the district secretary has been filed. 
 
 TESTIMONY. Unless obviously immaterial, testimony offered should be admitted 
 
 and given such weight as it merits. 
 
 DISCRETIONARY ACTS. Should not be disturbed except upon evidence of unjust 
 
 exercise of discretion. 
 
 December 16, 1867, at a special meeting of the board, a vote to change the 
 boundaries of subdistricts so as to form a new subdistrict in accordance with the 
 prayer of petitioners, resulted in a tie. From this virtual refusal to act, S. L. 
 Curry appealed to the county superintendent, who on the 31st of the same month 
 formed a new subdistrict. Appellant alleges in his affidavit that the county 
 superintendent assumed jurisdiction of this case without warrant of law, that 
 there never was "at any time an affidavit or any other statement in said appeal 
 case filed in the office" of the superintendent, hence the want of jurisdiction. 
 
 The "act to provide for appeals," section two, provides that "The basis of pro- 
 ceeding shall be an affidavit, filed by the party aggrieved, with the county super- 
 intendent, within the time allowed for taking the appeal." An affidavit is a 
 statement in writing, signed and made upon oath before an authorized magis- 
 trate. A county superintendent can have no proper jurisdiction of an appeal case 
 antil such affidavit has been filed. A notice of intention to file an affidavit, a 
 verbal complaint, or a petition, is not sufficient to give the county superintendent 
 jurisdiction in appeal cases. The affidavit setting forth "the errors complained 
 of in a plain and concise manner," must be in his hands before he is justified in 
 commencing proceedings. The decision of the superintendent recites that the 
 affidavit was filed December 21, which might be taken as conclusive, if it was not 
 contradicted by the record. The transcript shows that said affidavit was not sub- 
 scribed and sworn to until December 28, hence we do not clearly see how it could 
 have been filed on the 21st. 
 
 December 24, four days before the affidavit was made, and which appellant 
 alleges was never filed with the superintendent, said superintendent gave notice 
 to the parties that the hearing would take place on the 30th. This proceeding, 
 as an appeal case, was entirely unauthorized by law, and as he commenced pro- 
 ceedings in disregard of the plain provisions of law and without legal jurisdic- 
 tion, his decision is annulled. It may be said, and not without authority, that as 
 both parties responded to the notice, and came before the superintendent, that he 
 thereby acquired jurisdiction, but we feel unwilling to sanction disregard of law 
 by approving such great irregularities. 
 
6 SCHOOL LAW DECISIONS. 
 
 Without touching the real merits of the question at issue, the formation of a 
 new subdistrict, which we are willing to leave to the local authorities, we refer 
 briefly to three points of law raised by appellants. 
 
 The county superintendent should not issue notice of final hearing until both 
 the affidavit and the transcript of the secretary have been filed in his office. 
 
 Though the change of subdistrict boundaries by the board is a discretionary 
 act, it may be reviewed by the county superintendent, on appeal, but the decision 
 of the board should not be disturbed unless said discretionary power has been 
 abused or exercised unjustly. 
 
 The county superintendent should have received the remonstrances offered 
 on trial in evidence, and exercised his judgment as to their weight and value. 
 
 REVERSED. 
 D. FRANKLIN WELLS, 
 
 March 26, 1868. Superintendent of Public Instruction. 
 
 ELIAS SIPPLE v. DISTRICT TOWNSHIP OF LESTER. 
 Appeal from Black Hawk County. 
 
 TESTIMONY. At the hearing of an appeal, it is competent for the county superin- 
 tendent, upon his own motion, to call additional witnesses to give testimony. 
 RECORDS. In the absence of the allegation of fraud, testimony to contradict or 
 impeach the records of the district cannot be received. 
 
 RECORDS. The board may at any time amend the record of the district, when 
 necessary to correct mistakes or supply omissions. And it may upon proper 
 showing be compelled by mandamus to make such corrections. 
 AFFIDAVIT. The affidavit answers its leading purpose if it sets forth the errors 
 complained of with such clearness that the proper transcript may be secured. 
 
 At the regular meeting of the board held September 16, 1867, attended by four 
 of the seven members, motions were made and seconded for the creation of two 
 new subdistricts whose boundaries were described in the motions. In regard to 
 the action on these motions the record of the secretary contains merely the word 
 "carried." At a special meeting held February 15, 1868, the action of the board 
 in September in relation to the formation of new subdistricts was "reconsidered" 
 and "rescinded." From the February action Elias Sipple appealed to the county 
 superintendent. During the progress of the hearing, which took place March 
 20, 1868, the county superintendent called upon one of the four members that 
 attended the September meeting, who testified that he did not vote for the motion 
 to create a new subdistrict. As it thus appeared that the new subdistricts were 
 not established by a vote of a majority of all the members of the board, as 
 required by law, and as said September action was rescinded at a full meeting of 
 the board in February, the county superintendent, considering the formation of 
 the subdistricts illegal and void, dismissed the appeal. From this decision 
 Barney Wheeler appeals. 
 
 Appellant alleges substantially that the county superintendent erred as fol- 
 lows: In himself calling a witness to give testimony; in receiving testimony to 
 impeach the district record, which is claimed to be valid and binding after thirty 
 days; in dismissing the appeal; in not establishing the subdistricts. 
 
 The law requires the county superintendent to give a ' ' just and equitable ' ' 
 decision, and as the calling of additional witnesses may sometimes enable him to 
 discharge this duty more faithfully, his action in this respect is sustained. 
 
 The second error assigned really includes two distinct points, which will be 
 considered separately; and first, in regard to the impeachment of the district 
 record. The law provides for an annual meeting of the electors of the district 
 township, and for semi-annual and special meetings of the board of directors; 
 also that "the secretary shall record all the proceedings of the board and district 
 meetings in separate books kept for that purpose." It is a general principle of 
 
SCHOOL LAW DECISIONS. 7 
 
 law that "oral evidence cannot be substituted for any instrument which the law 
 requires to be in writing, such as records, public documents," etc. 1 Greenleafs 
 Evidence, 86. "It is a well settled rule that, where the law requires the evi- 
 dence of a transaction to be in writing 1 , oral evidence cannot be substituted for 
 that, so long as the writing exists and can be produced; and this rule applies as 
 well to the transactions of public bodies and officers as to those of individuals. ' ' 
 The People v. Zeyst, 23 N. Y., 142. In the case of Taylor v. Henry, 2 Pick., 397, the 
 supreme court of Massachusetts held that an omission in the records of a town 
 meeting could not be supplied by parol evidence. Chief Justice Shaw, in dis- 
 cussing the case, said that it would be "dangerous to admit such a proof." Mr 
 Starkie, in his valuable treatise on evidence, says: " Where written instruments 
 are appointed either by the immediate authority of the law or by the compact 
 of the parties, to be the permanent repositories and testimony of truth, it is a 
 matter both of principle and of policy to exclude any inferior evidence from 
 being used either as a substitute for such .instruments or to contradict or alter 
 them; of principle, because such instruments are, in their own nature and origin, 
 entitled to a much higher degree of credit than that which appertains to parol 
 evidence; of policy, because it would be attended with great mischief and incon- 
 venience, if those instruments upon which men's rights depend were liable to be 
 impeached and controverted by loose collateral evidence." Starkie, part IV, 
 page 995, volume III, 3d Am. Ed. 
 
 The reason of the rule upon which the courts agree with such entire unanimity 
 applies with force in the case now under consideration. The records of the dis- 
 trict and board meetings contain a statement of the regulations adopted, and the 
 acts done in the exercise of the powers with which the respective bodies are 
 invested by the law. They present to all the citizens of the district township, in a 
 permanent form, certain and definite information which could be obtained, with 
 equal certainty, in no other way. Memory is defective, but the secretary records 
 the transactions as they occur. The actors change from year to year, but the 
 record is permanent. And though the admission of oral testimony to alter a 
 record or to supply an omission therein might sometimes promote the attainment 
 of justice, the prevalence of such a practice would result in more evil than good 
 It is held, therefore, that in the absence of alleged fraud the county superintend- 
 ent errs, in admitting parol evidence to contradict or impeach the record of the 
 September meeting of the board. 
 
 In regard to the other part of the second point a few words will suffice. The 
 counsel for appellant urges that though the record of the September meeting was 
 imperfect, the lapse of thirty days made the record valid and binding upon the 
 district. It is true that the right to take an appeal to the county superintendent 
 expires after thirty days, but I am unable to see how the lapse of time will vali- 
 date what was before invalid. The secretary is the proper custodian of the 
 records of the school district, and before the record of the proceedings of the 
 board has been approved or adopted by the board, the secretary may amend them 
 by supplying omissions, or otherwise correcting them. After they have been 
 approved they may be amended and corrected by direction of the board, even 
 after the lapse of thirty days. In Massachusetts a town clerk is permitted to 
 amend the record in order to supply defects, even after a suit involving a ques- 
 tion respecting them has been commenced. I am of the opinion that if the secre- 
 tary or board of directors decline to make necessary corrections in the record, 
 that a party interested may proceed by mandamus to compel the correction. If 
 the record is to be impeached, it must be, in the absence of fraud, by a direct 
 proceeding instituted for that purpose, and not by a collateral or indirect method. 
 The People v. Zeyst, 23 N. Y., 147-8. 
 
 The district record in this case is not as full as it might with propriety be. 
 The law provides that the boundaries of subdistricts shall not be changed except 
 
8 SCHOOL LAW DECISIONS. 
 
 by the vote of a majority of the members of the board. ,The record fails to show 
 that this requirement of the law was complied with at the September meeting. 
 The secretary says that the motion to redistrict "carried." This is his opinion, 
 but he fails to give the fact upon which it is based. Four of the seven members 
 were present, but he does not say who, or how many voted for the change. Prop- 
 erly this should have been stated. When, however, the district record declares 
 that a motion was "carried," the law will presume that it was carried in accord- 
 ance with the requirements of the statute; though there is reason to believe that 
 the presumption in this instance is a violent one. It follows that there was no 
 legal evidence that the subdistricts were not established in accordance with law; 
 hence, the conclusion is inevitable that the county superintendent erred in dis- 
 missing the appeal for the cause assigned. 
 
 At the commencement of the trial and again during its progress, the defend- 
 ant moved the county superintendent to dismiss the case on account of the insuf- 
 ficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is usual to 
 make affidavits in such cases, yet it "set forth the errors complained of" with 
 such plainness 'and conciseness as enabled the county superintendent to obtain 
 the necessary transcripts, and this is all the law really requires. It has not 
 been customary heretofore to enforce any particular form of affidavit, and the 
 superintendent's ruling refusing to dismiss on defendant's motion is sustained. 
 
 As the testimony appears not to have been all in when the case was dismissed 
 by the county superintendent, no opinion can be given in regard to the propriety 
 or necessity of establishing the proposed new subdistricts. The case is therefore 
 returned to the county superintendent, who will proceed with the hearing, first 
 allowing a reasonable time for the correction of the district record or for the 
 enforcement of its correction should such correction be deemed necessary by 
 either of the interested parties. Should the district record be amended so as to 
 show conclusively that the said subdistricts were not legally formed at the said 
 meeting in September, it will follow that the said subdistricts never had a legal 
 existence, and that the plaintiff could not be aggrieved by the action of the Feb- 
 ruary meeting, hence the county superintendent will determine the case in favor 
 of the appellee. Should said record not be amended, or should it be amended so 
 as to show clearly that said subdistricts were established in all respects in con- 
 'formity with law, the question of establishing the new subdistricts, or more 
 properly retaining their organization, will be determined upon its merits. 
 
 REVERSED. 
 D. FRANKLIN WELLS, 
 
 July 23, 1868. Superintendent of Public Instruction. 
 
 E. J. MINER v. DISTRICT TOWNSHIP OF CEDAR. 
 Appeal from Floyd County. 
 
 CONTESTED ELECTION. The proper method of determining a contested election 
 
 for school director is by an action brought in the district court. 
 
 ELECTION. The certificate of the officers of the subdistrict meeting is the legal 
 
 evidence of election as subdirector, and as a general rule a board of directors 
 
 is justified in declining to recognize a person as a member of the board until he 
 
 produces such certificate. 
 
 EVIDENCE. Where the law requires the evidence of a transaction to be in 
 
 writing, oral evidence can be substituted only if the writing* cannot be produced. 
 
 Quo WARRANTO. The remedy of a person denied possession of an office to which 
 
 he has been chosen, is an action in court. 
 
 At the regular meeting of the board in March, 1868, E. J. Miner appeared and 
 filed his oath of office as subdirector of subdistrict number three, and claimed 
 recognition as a member of the board. The said Miner failed to present the 
 certificate of the officers of the subdistrict meeting, or any other evidence of his 
 
SCHOOL LAW DECISIONS. 9 
 
 election except his own verbal statement. It was alleged in the board that he 
 was not legally elected. Under these circumstances, the board refused him a 
 seat and recognized his predecessor as holding over. From this order the said 
 Miner appealed to the county superintendent, who, after a full hearing of the 
 manner in which the election was conducted, reversed the order of the board, 
 and directed that the said Miner should be recognized as subdirector of sub- 
 district number three, and as a member of the board of directors. From this 
 decision an appeal is taken by A. J. Sweet, president of the board. The above 
 are but a small portion of the facts presented in the well arranged transcript of 
 the county superintendent, but yet all that are material to the issues involved. 
 
 The case presented by these facts is similar to that of Ockerman v. District 
 Tmonship of Hamilton, page 77, School Law Decisions of 1868, and must be 
 governed by the same principles. It was there held that the only proper way of 
 determining a contested election or the right of exercising any public office or 
 franchise, is by an action in the nature of quo icarranto brought in the district 
 court. It seems unnecessary to repeat the arguments there used. Reference is 
 made to that case as well as to the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa, 369; 17 Iowa, 
 365; and the other cases there cited. The principle involved in the preceding 
 references was recognized by the county superintendent, when he said in his 
 decision that "the board of directors has no jurisdiction to inquire into the 
 legality of the election of its members." When this just conclusion was reached, 
 the case should have been dismissed, for the county superintendent can do on 
 appeal only what the board itself might legally have done. 
 
 The county superintendent held that as the president of the subdistrict meet- 
 ing refused to sign a certificate of election for the said Miner, that the board 
 might receive other evidence of his election. In this the county superintendent 
 departed from well established legal principles. The school law provides that at 
 the meeting of the electors of the subdistrict on the first Monday in March, "a 
 chairman and secretary shall be appointed, who shall act as judges of the elec- 
 tion, and give a certificate of election to the subdirector elect." It is a well set- 
 tled rule, that where the law requires the evidence of a transaction to be in 
 writing, oral evidence cannot be substituted when the writing can be produced; 
 this rule applies alike to transactions of public bodies, officers, and individuals. 
 
 There can be no doubt that the law contemplates that the certificate of the 
 officers of the subdistrict meeting shall be the legal passport to a seat in the 
 board, and that, as a general rule, a board of directors is justified in declining to 
 recognize a person as a member of the board until such certificate is produced. 
 If the certificate has been given and lost, the accident may be remedied by other 
 testimony. If illegally withheld, the officer may be coerced by mandamus to 
 furnish it. If it has been fraudulently given, the law still provides a remedy. 
 
 By the light of the previous principles, it is evident that when, under the cir- 
 cumstances, the county superintendent proceeded to investigate the rights of the 
 plaintiff as a school director, he exceeded his jurisdiction, and that his decision 
 must therefore be overruled. The law requires that the plaintiff, Miner, shall 
 seek his remedy in the courts. The decision of the county superintendent is 
 therefore reversed and the case dismissed. REVERSED. 
 
 D. FRANKLIN WELLS, 
 
 July 29, 1868. Superintendent of Public Instruction. 
 
 N. R. HOOK v. INDEPENDENT DISTRICT OF FREMONT. 
 Appeal from Maliaska County. 
 
 SCHOOL PRIVILEGES. Are not acquired by temporary removal into a district 
 for the purpose of attending school. 
 
 At a meeting of the board an order was made excluding one George Check 
 from school. From this order Dr. N, R. Hook, with whom the bov was at the 
 
10 SCHOOL LAW DECISIONS. 
 
 time living, appealed to the county superintendent, who affirmed the order of the 
 board, and Hook again appealed. 
 
 The ground upon which the boy was debarred from school, was that he was not 
 :a bona fide resident of the district, and this is fully sustained by the circumstances 
 of the case as shown by the weight of evidence as adduced before the county 
 superintendent. The apparent primary purpose of George Check in going to live 
 with Dr. Hook, was that he might attend the school at Fremont, and after the 
 term of school should expire, his further continuance at Hook's would be uncer- 
 tain. He did not go there with the intention of remaining, but the intention to 
 return to his father's house seems to have been manifested in the contract or 
 agreement made with Hook. 
 
 Counsel for appellant argues that the law should not be technically construed, 
 but that it should receive a liberal construction, and in this he is correct. It 
 should receive such a construction as that all the youth of the state, without 
 regard to race or condition in life, can, with equal facility, participate in the 
 benefits of our free schools. There is evidence that the schools in Fremont are 
 so crowded that many of the youth of the district are unable to gain admission, 
 and the law gives to them the prior claim. The board should see that the chil- 
 dren of the district are first accommodated, and then, if not detrimental to the inter- 
 ests of the school, it may admit, in its discretion, those from outside districts 
 upon such terms as it may agree. 
 
 Believing that the county superintendent properly sustained the board of 
 directors, his decision is hereby AFFIRMED. 
 
 A. S. KISSELL, 
 
 May 1, 1870. Superintendent of Public Instruction. 
 
 Z. W. REMINGTON v. DISTRICT TOWNSHIP OF BOOMER. 
 Appeal from Pottaicattamie County. 
 
 JURISDICTION. The county superintendent does not have jurisdiction of cases 
 
 involving a money demand. 
 
 -SCHOOL, ORDERS. When improperly issued, a proper remedy is injunction. 
 
 On the 12th day of October, the board met in special session and made a set- 
 'tlement with one L. S. Axtell, who was the contractor for the erection of certain 
 schoolhouses in said district township. From the action of the board, Z. W. 
 Remington appealed to the county superintendent, who dismissed the appeal 
 upon the ground that the settlement with Axtell was for a money demand, and 
 therefore involved a question over which he could exercise no jurisdiction. 
 .Remington again appeals. 
 
 If there was anything wrong in the action of the board issuing orders in favor 
 'Of Axtell for the payment of his claim for building the schoolhouses that would 
 render them invalid, his remedy, if any, would have been by injunction to 
 restrain the payment of such orders, or by some other proper action in the civil 
 courts, and not by appeal to the county superintendent, as the latter tribunal is 
 not clothed by the statute with authority to inquire into or determine the validity 
 of school orders. The county superintendent, therefore, very properly decided 
 to dismiss the appeal, and his order in the case is hereby AFFIRMED. 
 
 A. S. KISSELL, 
 
 ]\lay 17, 1870. Superintendent of Public Instruction. 
 
 W. D. PECK et al. v. DISTRICT TOWNSHIP OF POLK. 
 Appeal from Jefferson County. 
 
 SUBDISTRICTS. Should be, if possible, compact and regular in form. In well 
 populated district townships, two miles square is considered a desirable area. 
 
SCHOOL LAW DECISIONS. 11 
 
 SCHOOLHOUSE SITE. It is important that a schpolhouse site be located on a 
 public road, and as near the center of the subdistrict as practicable. 
 
 It appears from the transcript in this case that the board, on the presentation 
 of a petition from the majority of the inhabitants of subdistrict number eight, 
 issued an order attaching a strip on the northeast from subdistrict number seven 
 to number eight, relocating the schoolhouse site, and arranging for the removal 
 of the schoolhouse from the present site to said new location. From this action 
 of the board an appeal was taken to the county superintendent, who sustained the 
 action of the board, and from his decision an appeal is taken to this tribunal. 
 
 The trial before the county superintendent developed that the board has in 
 contemplation the redistricting of the entire township into subdistricts two miles 
 square, and that the order providing for the change of boundaries in subdistrict 
 number eight is the initiatory step in that direction. The subdistrict in question, 
 previous to the order, had very irregular boundaries; and except that the district 
 is too large for convenience without further change in the boundaries, there 
 would seem to be every reason for attaching the strip from number seven. That 
 being attached, the change of location and the removal of the schoolhouse to a 
 site occupying the geographical center of the subdistrict with its changed bound- 
 aries, must follow of course. Besides this, there seems to be the additional good 
 reason for the change of location for the schoolhouse site: the present site is not 
 on a public road; the one in prospect is, and as all the territory is in a condition 
 to be easily and rapidly settled, the new site will, with the additional change in 
 contemplation, be the exact geographical center of the subdistrict. 
 
 The action of the board in this case is manifestly of a discretionary character, 
 and I can see nothing in the testimony that would induce the belief that it has in 
 any way exceeded its prerogative, or abused its discretion. The decision of the 
 county superintendent is therefore AFFIRMED. 
 
 A. S. KISSELL, 
 
 February 4, 1871. Superintendent of Public Instruction. 
 
 W. P. DAVIS v. DISTRICT TOWNSHIP OF MADISON. 
 Appeal from Fremont County. 
 
 CONTRACTS. Made by a committee require the approval of the board in session. 
 
 SCHOOL, FUNDS. The treasurer is the proper custodian of all funds, and may 
 
 legally pay them out only upon orders specifying the fund upon which they are 
 
 drawn and the specific use to which they are applied. 
 
 SUBDIRECTOR. The subdirector may expend money in his subdistrict only in the 
 
 manner authorized by the board. 
 
 CLAIMS. Just claims against the district can be enforced only in the courts. 
 
 MANDAMUS. Is a remedy if the board refuses to carry out a vote of the electors. 
 
 SUBDISTRICT. A subdistrict is not a corporate body, and has no control of any 
 
 public fund. 
 
 The electors on the llth day of March, 1871, voted a tax of two and one- 
 half mills on the taxable property of the district township for schoolhouse pur- 
 poses, and directed that three hundred dollars of the amount thus raised should 
 be used for the erection of a schoolhouse in subdistrict number nine. 
 
 March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, was 
 appointed a committee to build a schoolhouse in said subdistrict. The house 
 having been completed, at a special meeting of the board held June 1, 1872, it 
 was moved that the report of the committee be received, and the schoolhouse be 
 accepted; also that the secretary be instructed to draw an order on the treasurer 
 for three hundred dollars, for subdistrict number nine. Both motions were lost, 
 from which action the said W. P. Davis appealed to the county superintendent, 
 who on the 9th day of August, 1872, reversed the action of the board. The dis- 
 trict township, through its president, W. H. Gandy, appeals. 
 
12 SCHOOL LAW DECISIONS. 
 
 The history of this case very fully illustrates the loose and irregular manner 
 in which school officers too frequently transact official business. Section 15 of 
 the School Laws provides that the board "shall make all contracts, purchases, 
 payments, and sales necessary to carry out any vote of the district, but before 
 erecting any schoolhouse they shall consult with the county superintendent as to- 
 the most approved plan of such building." 
 
 If the contract is made by a subdirector or committee of the board, it should 
 in all cases be approved by the board before work is commenced. 
 
 A misapprehension often exists as to the manner in which school funds should 
 be disbursed. The treasurer is the proper custodian of all funds belonging to the 
 district township, and the law provides that he "shall pay no order which does 
 not specify the fund on which it is drawn, and the specific use to which it is 
 applied," that is, for work done, material furnished, or the like. 
 
 The board is also required to "audit and allow all just claims against the dis- 
 trict, and no order shall be drawn on the district treasury until the claim for which 
 it is drawn has been so audited and allowed. ' ' This rule applies equally where funds 
 are voted by the district township for the purpose of building schoolhouses in 
 particular subdistricts, also where taxes have been raised on the property of sub- 
 districts in accordance with the proviso of section twenty-eight. Such funds, or 
 so much of them as may be required to carry out the vote of the electors, should be 
 devoted to the specific object for which they were voted, but the disbursement 
 should in all cases be under the direction and authority of the board. Boards have* 
 no authority to give subdirectors money to use in their subdistricts for building 
 schoolhouses or any other purpose, nor subdirectors to use money so received. 
 A subdistrict is not a corporate body and has no control of any public fund. 
 
 If Mr. Davis has a just claim against the district township of Madison which 
 the board refuses to allow, or if the board refuses to apply the amount voted by 
 the electors to the specific object for which it was designed, the erection of a 
 schoolhouse in subdistrict number nine, the civil courts only can furnish a means 
 of redress. REVERSED. 
 
 ALONZO ABERNETHY, 
 
 October 30, 1872. Superintendent of Public Instruction. 
 
 W. J. MOODY v. H. H. BURRINGTON, COUNTY SUPERINTENDENT. 
 Appeal from Bremer County. 
 
 CERTIFICATE. The county superintendent may refuse to entertain a petition for- 
 the revocation of a teacher's certificate. 
 
 APPEAL. An appeal may be taken from the refusal of the county superintendent 
 to investigate charges brought against a teacher. 
 
 DISCRETIONARY ACTS. The decision of the authority having original jurisdic- 
 tion is entitled to much consideration. 
 
 A petition containing charges against a teacher was presented to H. H. Bur- 
 rington, county superintendent, asking an investigation of the charges, and the 
 revocation of her certificate. The county superintendent refused to make the 
 investigation as requested by the petitioners, and W. J. Moody appeals. 
 
 The question whether an appeal will lie from the refusal of the county super- 
 intendent to investigate charges brought against a teacher, has not been to our 
 knowledge before determined. Since it is held that an appeal may be taken from 
 an action of the board refusing to perform. a discretionary action, we see no rea- 
 son why appeal will not lie from a similar action of the county superintendent. 
 
 In the case before us, statements testifying to the moral character and good 
 reputation of the teacher are made by reliable and disinterested parties, who 
 have been intimately acquainted with her for several years past; and it is believed 
 
SCHOOL. LAW DECISIONS. 13 
 
 that, in no instance, is the judgment and discretion of a local tribunal entitled to 
 more consideration than in this case. AFFIRMED. 
 
 ALONZO ABERNETHY, 
 July 10, 1873. Superintendent of Public Instruction. 
 
 J. W. RANDALL v. DISTRICT TOWNSHIP OF VIENNA. 
 Appeal from Marshall County. 
 
 SCHOOLHOUSE. The board may legally remove a schoolhouse from one sub- 
 district to another only by vote of the electors. 
 
 SCHOOLHOUSE. When the electors have voted to remove a schoolhouse from one 
 subdistrict to another the board must execute such vote, and from its action in so 
 doing no appeal can be taken. 
 
 INJUNCTION. The execution of a fraudulent vote of the electors may be pre- 
 vented by a writ from a court of law. 
 
 At the district township meeting held on the second Monday in March, 1873, 
 it was voted to remove the schoolhouse situated in subdistrict number four into 
 ;subdistrict number three. On the 17th day of March the board ordered the 
 removal of the schoolhouse, in accordance w*ith said vote of the electors. From 
 this action appeal was taken to the county superintendent, who reversed the 
 action of the board The district township, through its president, appeals. 
 
 Section seven, School Laws of 1872, provides that the electors shall have the 
 power "to direct the sale, or other disposition to be made of any schoolhouse;" 
 also "to vote such tax, not exceeding ten mills on the dollar in any one year, on 
 the taxable property of the district township, as the meeting shall deem suffi- 
 cient for the purchase of grounds and the construction of the necessary school- 
 houses for the use of the respective subdistricts. " Section fifteen provides that 
 the board "shall make all contracts, purchases, payments and sales necessary to 
 carry out any vote of the district." Section sixteen provides that the board 
 "shall fix the site for each schoolhouse." 
 
 From the law as above quoted we understand that the electors may vote a tax 
 for the erection of a schoolhouse in any particular subdistrict, or may direct the 
 removal of one already built, from a subdistrict, and that the board determines 
 the site within a subdistrict, but has no authority to remove a schoolhouse from 
 a subdistrict without affirmative action of the electors, such action, however, 
 being taken, the board must execute their vote, if in accordance with law. From 
 the action of the board in thus executing the vote of the electors no appeal can 
 be taken. If the vote of the electors is contrary to law, its execution may be 
 prevented by injunction, if unwise, the electors themselves must bear the conse- 
 quences. REVERSED. 
 
 ALONZO ABERNETHY, 
 
 July 11, 1873. Supenntendent of Public Instruction. 
 
 D. K. TAYLOR v. INDEPENDENT DISTRICT OF ELDON. 
 Appeal from Wapello County. 
 
 APPEAL. Appeal may not be taken from an action or order complying with the 
 terms of a contract previously made, nor from an action authorizing the issuance 
 of an order in payment of a debt contracted by previous action of the board. 
 APPEAL. A case whose main purpose is to determine the validity of an order on 
 the district treasury, or the the equity of a claim, cannot be entertained on 
 appeal to the county superintendent. 
 
 SCHOOL FUNDS. The courts of law alone can furnish an adequate remedy, if the 
 law has been violated and the money of the district has been misappropriated. 
 
 From the transcript it appears that on the 3d day of December, 1873, the board 
 passed an order authorizing the payment of five per cent commission for negotiate 
 
14 SCHOOL. LAW DECISIONS. 
 
 ing the district bonds, and on the same day another authorizing- D. P. Stubbs to> 
 negotiate said bonds. On the 3d day of February, 1874, the board passed an order 
 instructing the president and secretary to draw an order for $90 on the district 
 treasury in favor of said D. P. Stubbs, for services rendered in negotiating said 
 bonds, in accordance with the previous action of the board on December 3, 1873. 
 From the action of the board in issuing said order of $90 this appeal was taken. 
 The county superintendent dismissed the case, on the ground that it was an 
 action authorizing the payment of money, and a decision thereon would be 
 equivalent to rendering a judgment for money, which is prohibited by the 
 provisions of section 1836. D. K. Taylor again appeals. 
 
 Appeal may be taken from any action of the board which authorizes the 
 making of a contract, but not from a subsequent action or order complying with 
 the terms of a contract previously made, nor from an action authorizing the 
 issuance qf an order in payment of a debt contracted by a previous action. 
 
 The order appealed from in this case is not a new action of the board, but a 
 necessary result of the order of December 3, 1873. If the first action was legal 
 and proper, the last is both proper and necessary, the services having been per- 
 formed. Any interested party might have appealed, at the proper time, from 
 the action of December 3, 1873, authorizing the payment of five per cent com- 
 mission for negotiating bonds or authorizing the appointment of an agent therefor. 
 But the time for an appeal, thirty days, having expired, appeal cannot now be 
 taken from the subsequent action, which is simply carrying out its previous 
 action, and the terms of the contract made thereunder. 
 
 To determine the validity of an order on the district treasury, or the equity 
 of a claim, is equivalent to the rendition of a judgment for money, and a case 
 whose sole purpose is to determine this question cannot be entertained on appeal. 
 The courts of law alone can furnish an adequate remedy, if the law has been vio- 
 lated, or the interests of the district have suffered by the making of contracts or 
 the issuing of orders for money on the treasury. AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 May 5, 1874. Superintendent of Public Instruction. 
 
 E. WATSON v. DISTRICT TOWNSHIP OF EXIRA. 
 Appeal from Audubon County. 
 
 PUNISHMENT. The punishment of a pupil with undue severity, or with art 
 improper instrument, is unwarrantable, and may serve in some degree, to indi- 
 cate the animus of the teacher. 
 
 PUNISHMENT. In applying correction, the teacher must exercise sound discre- 
 tion and judgment and should choose a kind of punishment adapted not only to- 
 the offense, but to the offender. 
 
 Charges were preferred against E. Watson for harsh and unreasonable punish- 
 ment of a pupil, and upon investigation the teacher was discharged. From this 
 action of the board he appealed to the county superintendent, who reversed its* 
 action, and the district appeals. 
 
 From the evidence it appears that the pupil upon whom the punishment was 
 inflicted was a boy thirteen years of age, and that the offense was such that punish- 
 ment was deserved. The instrument selected was a hickory stick, three-fourths 
 of an inch in diameter at one end, and one-half inch at the other, and fifteen or 
 eighteen inches long. The punishment was inflicted by striking upon the palm 
 of the hand from eight to twelve strokes. It appears that the boy's hand was 
 thereby disabled for some days. 
 
 It is alleged by the teacher that the punishment was inflicted for the good of 
 the school, and that it was without malice on his part. We consider the selection 
 nf siio.h an instrnmfmt, for t,hp, rmnishment of a mmil iniudicious, unwarrantable^ 
 
SCHOOL LAW DECISIONS. 15 
 
 and dangerous, and that the consequences might be fraught with the gravest 
 results, and that such selection may serve in some degree, to indicate the animus 
 of the teacher. REVERSED. 
 
 ALONZO ABERNETHY, 
 June 6, 1874. Superintendent of Public Instruction. 
 
 SANFOKD HARWOOD v. INDEPENDENT DISTRICT OF CHARLES CITY.. 
 Appeal from Floyd County. 
 
 PUNISHMENT. The right of the parent to restrain and coerce obedience in. 
 children applies equally to the teacher, or to any one who acts in loco parentis. 
 RULES AND REGULATIONS. Boards of directors and their agents, the teachers? 
 may establish reasonable rules for the government of their schools. 
 RULES AND REGULATIONS. The teacher has the right to require a pupil to* 
 answer questions which tend to elicit facts concerning his conduct in school. 
 RULES AND REGULATIONS. The pupil is answerable for acts which tend to< 
 produce merriment in the school or to degrade the teacher. 
 
 RULES AND REGULATIONS. Open violation of the rules cannot be shielded from, 
 investigation under the plea that it invades the rights of conscience. 
 BOARD OF DIRECTORS. The board shall be sustained in all legitimate and rea- 
 sonable measures to maintain order and discipline, to uphold the rightful author- 
 ' ity of the teacher, and to prevent or suppress insubordination in the school. 
 
 This case involves the right of a teacher to require a pupil to answer questions 
 concerning his conduct in school, or to testify against himself. 
 
 Burritt Harwood, a member of the high school department, having broken 
 certain rules of the school, was suspended by the superintendent for refusing to 
 answer a question relating thereto. The pupil's father petitioned the board to 
 restore the pupil. The board, having investigated the facts, adopted the follow- 
 ing: "Resolved, That the school board sustain Prof. Shepard in his suspension; 
 of Burritt Harwood. provided Burritt Harwood be reinstated if he answer the 
 question, for the refusal to answer which he was suspended, subject to such fur- 
 ther action as may be taken by the principal or school board for making and cir- 
 culating the caricature." The president and four other members voted for, and 
 one against the resolution. From this action of the board, S. Harwood appealed 
 to the county superintendent, who reversed its action. The board appeals. 
 
 The power of the parent to restrain and coerce obedience in children cannot 
 be doubted, and it has seldom or never been denied. This principle applies 
 equally to the teacher or to any one who acts in loco parentis. Boards of directors 
 and their agents, the teachers, may establish all reasonable and proper rules for- 
 the government of schools, and to control the conduct of pupils attending the 
 same. "Any rule of the school not subversive of the rights of the children or 
 parents, or in conflict with humanity and the precepts of divine law, which tends 
 to advance the object of the law in establishing public schools, must be consid- 
 ered reasonable and proper." Burdick v. Balcock, 31 Iowa, 562. 
 
 The superintendent had occasion to leave the high school in charge of his 
 assistant while he should attend to official duties elsewhere. On his return, about 
 4 P. M., the assistant reported that there had been much disorder on the part of 
 some of the pupils, and that she had required several of the pupils to remain and 
 report their misdemeanors to the superintendent. Burritt Harwood being called 
 upon, said in substance: "I have two misdemeanors to report; I threw snow into 
 the lower hall during recess, and I passed a piece of paper across the aisle to my 
 brother's desk." Both are recognized as violations of the rules of the school. 
 The nature and magnitude of the first are readily discernible, and need no fur- 
 ther investigation; not so of the second; much depends upon the character of the 
 "piece of paper," whether simply blank paper or containing writing or other- 
 
16 SCHOOL LAW DECISIONS. 
 
 evasively. Being further questioned, he replied that it was "pictorial," that it 
 was a "burlesque or caricature," that "it represented the schoolhouse and some 
 person or persons," that "the person or persons represented were connected with 
 the school." The question, "whom he had intended to burlesque," after some 
 hesitation, he declined to answer. For this act of disobedience he was suspended. 
 
 The question which he refused to answer appears to differ in no essential 
 feature from those previously answered. By it the teacher simply sought to dis- 
 cover an additional fact in connection with the case. If he had a right to ask the 
 former he had the latter. If there is any reason why the pupil had the right or 
 should claim the privilege of declining to answer the last, he should have stated 
 it. Certainly no good reason appears from the nature of the offense, and the 
 degree of punishment which it merited depended upon the information which the 
 teacher sought to obtain by this and the previous question. If the paper con- 
 tained simply the solution of a problem or something connected with his lesson, 
 it merited one degree of punishment; if its purpose was to create merriment 
 among the pupils, thus diverting their attention from their studies, it required 
 another degree; if by it the pupil sought to bring ridicule upon a teacher, to the 
 prejudice of the good order and government of the school, still another; each 
 would be a violation of the rules, but not each equally punishable. The claim of 
 appellee that it was an attempt to pry into the secrets of the heart, and was a 
 violation of the right of conscience, is scarcely sustained by the facts. The 
 question "whom did you intend to represent," is essentially equivalent to "whom 
 did you represent." Its purpose evidently was not to find out the thought or 
 intent, but the act of the pupil. The question was simply what was the character 
 of the picture drawn and circulated to the disturbance of the school. It does not 
 appear how the rights of conscience would be violated in answering the question. 
 It may be true that the picture itself, if produced, would furnish the best 
 evidence, but the teacher clearly had the right, in its absence, and knowing 
 nothing of its nature beyond what the pupil had already revealed, to seek this 
 information directly and immediately by proper questions. Nor can the pupil 
 shield himself under the provision of the law that a prisoner at the bar cannot be 
 compelled to answer questions which will tend to render him criminally liable or 
 expose him to public ignominy. He is, in no proper sense, accused of crime 
 before a court of law, authorized to sit in judgment under a criminal code. 
 
 The picture, which was afterward produced, reveals anything but a right 
 spirit in the pupil. Probably no one who has seen it doubts that it is a coarse 
 caricature of the superintendent and his assistant. His refusal to answer was 
 evidently not that he could not conscientiously do so, nor that it would tend to 
 criminate himself, but was a deliberate act of insubordination. All the attendant 
 circumstances, the evasive and studied replies to the superintendent's questions, 
 the caricature itself, and its circulation through the school during the absence of 
 the superintendent, together with a previous malicious caricature of the same 
 nature, all reveal a disregard for the regulations of the school, the respectful 
 conduct due from a pupil, and an animus toward the teacher anything but proper. 
 
 In our opinion unnecessary stress was laid, in the trial before the superin- 
 tendent, upon the technical ground of suspension by the superintendent. The 
 board having had the whole subject under investigation, including statements of 
 the offenses from both the superintendent and the pupil, sustained the superin- 
 tendent, or in other words, suspended the pupil conditionally from the school, as 
 it probably had a right to do for any one of the offenses named. This being a 
 discretionary act, due weight must be given to such action by an appellate 
 tribunal, especially should the board be sustained in all legitimate and reasonable 
 measures to maintain order and discipline, to uphold the rightful authority of the 
 teacher and to prevent or suppress insubordination in the school. REVERSED. 
 
 ALONZO ABERNETHY, 
 
 June 8. 1874. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 17 
 
 J. W. HUBBARD v. DISTRICT TOWNSHIP OF LIME CREEK. 
 Appeal from Cerro Oordo County. 
 
 APPEAL. The execution by the board of the vote of the electors upon matters 
 
 'within their control, is mandatory, from such action of the board no appeal can 
 
 be taken. If such action is tainted with fraud, an application to a court of law is 
 
 the proper remedy. 
 
 BOARD OP DIRECTORS. The board, though not bound by a vote of the electors 
 
 directing the precise location of a schpolhouse site, is required to so locate it as 
 
 to accommodate the people for whom it is designed. 
 
 BOARD OF DIRECTORS, If in the selection of a site the board violates law or 
 
 abuses its discretionary power, its action may be reversed on appeal. 
 
 CERTIORARI. A fraudulent or illegal action may be corrected by application to 
 
 a court for a writ of certiorari. 
 
 The electors of tho district township voted a tax to build a schoolhouse on 
 what is known as the Simons road, near where it crosses the Central railroad. 
 On a separate motion, the board was instructed to sell the schoolhouse known as 
 number three. In accordance with the first mentioned action, the board located 
 .a schoolhouse jite on said road, fifty feet from said crossing. From this action 
 appeal was taken, the appellant claiming it to be a relocation of the site known as 
 number three, and that such action was with the express intention of selling the 
 schoolhouse and abandoning the site thereof. The county superintendent 
 .reversed the action of the board and the district township appeals. 
 
 The district township coincides with a congressional township in boundaries 
 ,and extent, and is comprised in one subdistrict. It is claimed that the action of 
 the district township meeting did not represent the wishes of the people; that 
 there are ninety-five voters in the district, and but twenty-seven were present at 
 such meeting; also that in the location of the site the board did not consult the 
 -convenience of the people. 
 
 Section 1717 provides that the electors, when legally assembled at the district 
 township meeting, shall have power "to direct the sale or other disposition to be 
 made of any schoolhouse, or site thereof, and of such other property, personal and 
 real, as may belong to the district." Section 1723 provides that the board "shall 
 make all contracts, purchases, payments, and sales necessary to carry out any 
 vote of the district." Section 1724 provides that the board "shall fix the site for 
 each schoolhouse, taking into consideration the geographical position and con- 
 venience of the people of each portion of the subdistrict. ' ' 
 
 The execution of the vote of the electors by the board is mandatory, from its 
 action in so doing no appeal can be taken. In case such action is in any manner 
 tainted with fraud, an application to a court of law is the proper remedy. 
 
 The power to locate schoolhouse sites is vested originally in the board. 
 Although the board has authority to locate schoolhouse sites, yet money legally 
 voted by the electors for a specific purpose, must be expended in accordance with 
 such vote; if voted to erect a schoolhouse in a certain subdistrict, it cannot legally 
 be used to build a schoolhouse in another. While any directions of the voters 
 attempting to locate precisely a schoolhouse site, are void, yet the board is bound 
 so to locate it as to accommodate the people for whom designed, in the absence of 
 such instructions the board may exercise more widely its discretion in fixing 
 schoolhouse sites. If in the performance of this duty it violates law, acts with 
 manifest injustice, or in any manner shows an abuse of discretionary power, its 
 action may properly be reversed by the county superintendent. In this case we 
 do not discover that the board has in any manner failed in the proper perform- 
 ance of its duty. REVERSED. 
 
 ALONZO ABERNETHY, 
 
 July 7, 1875. Superintendent of Public Instruction. 
 
18 SCHOOL LAW DECISIONS. 
 
 B. D. BACON et al. v. DISTRICT TOWNSHIP OF LIBERTY. 
 Appeal from Woodbury County. 
 
 BOARD OF DIRECTORS. The action of the board cannot be reversed upon the- 
 allegations of appellant without proof, or by reason of failure to make defense. 
 BOARD OF DIRECTORS. The acts of the board are presumed to be regular, legal, 
 and just, and should be affirmed unless proof is brought to show the contrary. 
 TESTIMONY. The superintendent should afford full opportunity for the intro- 
 duction of testimony, and the examination of witnesses should be so conducted as 
 to disclose all material facts. What is shown by the plat need not also be pre- 
 sented orally. 
 
 The county superintendent sustained the board in locating the site for a new 
 schoolhouse where the old one now stands. B. D. Bacon et al. appeal. 
 
 The peculiarity of this case is that at the trial before the county superintendent 
 no oral testimony was introduced by the appellant. 
 
 It is the duty of the county superintendent to afford full opportunity to the 
 appellant to present evidence, and it is desirable that the examination of witnesses 
 should be so conducted that every material fact connected with the case shall be 
 disclosed. But the action of the board cannot be reversed upon the allegations of 
 the appellant without proof, or by reason of failure of the board to be present and 
 make defense. The acts of the board are presumed to be regular, legal, and just, 
 and should be affirmed by the county superintendent upon appeal, unless proof is 
 brought to show the contrary. 
 
 The plats furnished with the transcript in this case are unusually minute, and 
 it is possible that they were regarded as showing the material facts relating to 
 the case. What is shown by the plat, need not be also presented orally, but any 
 additional facts may properly be so shown. From the plat and affidavits, it 
 appears that the appellants desire the schoolhouse site to be located about one- 
 half mile south of the site on which the board resolved to erect a new house. The 
 location of roads and dwellings in the subdistrict would seem to indicate that the 
 point selected by the board will quite as well subserve the convenience of the 
 inhabitants as that desired by the appellants. Under these circumstances the 
 discretionary power of the board cannot properly be interfered with. AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 August 30, 1875. Superintendent of Public Instruction. 
 
 E. GOSTING v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Plymouth County. 
 
 SCHOOLHOUSE SITE. The action of a committee appointed by the board to locate 
 a site is of no force until officially adopted by the board while in session. 
 SCHOOLHOUSE SITE. Subdistrict boundaries cannot be changed in an appeal 
 relating solely to locating a site, nor can a site be located with the expectation 
 that boundaries will be changed, unless such intention of the board is shown. 
 JURISDICTION. The county superintendent has jurisdiction only of the matter to 
 which the appeal relates. 
 
 APPEAL. The right of appeal is confined to persons injuriously affected by the- 
 decision or order complained of. Ordinarily a person living in one subdistrict 
 cannot appeal from an action of the board locating a site in another. 
 
 A committee appointed to locate a schoolhouse site for the accommodation of 
 the residents of subdistricts number seven and nine, reported that it had selected 
 the northwest corner of section ten, and afterward that it had chosen instead, a 
 site about eighty rods east of the northwest corner of section eleven. There is 
 no record showing that any action was taken in relation to these reports. 
 
 Subdistrict number nine consists of the east one-half of congressional township 
 number 90, range 45. The appellant resides in subdistrict number seven, which 
 comprises the west one-half of the same congressional township. The decision of 
 
SCHOOL LAW DECISIONS. 19' 
 
 the county superintendent is as follows: "After considering the evidence and 
 the plat introduced, I sustain the committee in its first location at the northwest, 
 corner of section ten of said township." D. M. Relyea appeals. 
 
 The power to locate schoolhouse sites is vested in the board of directors. 
 The action of a committee appointed by the board to locate a schoolhouse site is 
 of no force until its report is officially adopted by the board while in session. 
 
 Section 1725 provides that the board "shall determine where pupils may 
 attend school; and for this purpose may divide their district into such subdistricts 
 as may by them be deemed necessary." The object of dividing a district town- 
 ship into subdistricts is to determine where pupils shall attend school. While it 
 is frequently the case that pupils may more conveniently attend school in an adjoin- 
 ing subdistrict, it would obviously be improper to locate a schoolhouse site 
 expressly for the accommodation of such pupils, unless with the intention of sub- 
 sequently making a redivision of the district township. The county superintend- 
 ent has jurisdiction only of the matter to which the appeal relates. He cannot 
 properly upon an appeal relating to the location of a schoolhouse site change 
 subdistrict boundaries, nor can he locate a schoolhouse site with the expectation 
 that such boundaries will ultimately be changed, unless such is shown to be the 
 intention of the board. 
 
 The right to appeal from actions of the board is confined to persons injuriously 
 affected by the decision or order of which complaint is made. Ordinarily, a. 
 person living in one subdistrict cannot properly appeal from an action of the 
 board locating a schoolhouse site in another 
 
 The decision of the county superintendent is set aside, and the location of the- 
 schoolhouse site is left to the discretion of the board. REVERSED. 
 
 ALONZO ABERNETHY, 
 
 September 7, 1875. Superintendent of Public Instruction. 
 
 J. E. BROWN v. DISTRICT TOWNSHIP OF VAN METER. 
 Appeal from Dallas County. 
 
 APPEAL. The adoption of the committee's report in favor of retaining the old. 
 schoolhouse site, is an action from which appeal may be taken. 
 BOARD OF DIRECTORS. The action of the board cannot be reversed upon the 
 allegations of appellant without proof, or by reason of failure to make defense. 
 BOARD OF DIRECTORS. The acts of the board are presumed to be regular, legal 
 and just, and should be affirmed unless proof is brought to show the contrary. 
 SUBDISTRICT BOUNDARIES. The acts of a board changing subdistrict bound- 
 aries and locating schoolhouses are so far discretionary that they should be 
 affirmed on appeal, unless it is shown beyond a doubt that there has been an abuse 
 of discretion. 
 
 COUNTY SUPERINTENDENT. The weight that properly attaches to the discre- 
 tionary actions of a tribunal vested with original jurisdiction, does not apply to- 
 the decisions of an inferior appellate tribunal. 
 
 The county superintendent reversed the action of the board in selecting the 
 old site in subdistrict number two, upon which to erect a schoolhouse, and located 
 the site about eighty rods westward of the old one. From this decision the dis- 
 trict township appeals, claiming in substance that the county superintendent 
 erred as follows: That there was no action of the board relative to the selection 
 of a schoolhouse site in subdistrict number two from which an appeal would lie; 
 that the board failed, by reason of a misunderstanding, to appear and defend, and 
 that it was unjustly refused a rehearing; that the old site was suitable, convenient 
 and at the center of population, both present and prospective, and that the 
 reversal of the action of the board was without sufficient cause, there being no- 
 evidence that it abused its discretionary power or acted with injustice. 
 
 From the transcript it appears that a committee was appointed to select a site 
 for the erection of a schoolhouse in subdistrict number two: that it reported in. 
 
20 SCHOOL LAW DECISIONS. 
 
 favor of the old site, and that its report was adopted by the board. The law pro- 
 vides that an appeal may be taken by any party aggrieved, from any order or 
 decision of the board. 
 
 That there was an action of the board, and that the subject-matter to which 
 such action relates is the location of a schoolhouse site in subdistrict number 
 two, there can be no reasonable doubt, hence the action of the board was subject 
 to appeal, and such appeal gave to the county superintendent jurisdiction in the 
 matter of location of said schoolhouse site. 
 
 It is the duty of the county superintendent to give due notice to all parties 
 directly interested in an appeal from the board, and to afford full opportunity for 
 the presentation of evidence, but the action of the board cannot properly be 
 reversed upon the allegations of the appellant without proof, or by reason of the 
 failure of the board to be present and make defense. The acts of the board are 
 presumed to be regular, legal and just, and should be affirmed by the county 
 -superintendent, unless proof is brought to show the contrary. In this case, how- 
 ever, the board appears to have had due notice and ample opportunity to defend 
 the case. It is not claimed that any additional evidence could be produced that 
 would materially affect the issue; but that the board, understanding through 
 popular report that the case was withdrawn, failed to be present at the trial, and 
 mpon this ground asks for a rehearing, which was very properly refused. 
 
 The site selected by the county superintendent is nearly central, being eighty 
 rods west of that chosen by the board. Both appear to be suitable. The eastern 
 part of the subdistrict is mostly prairie land, while the western portion is, to a 
 considerable extent, timber land 
 
 The evidence as to which site will better serve the interests and convenience 
 of the residents of the subdistrict is conflicting The board is entitled to the 
 benefit of any doubt upon this point. Unless it is clearly proven that it has 
 violated law, abused its discretionary power, or has acted with manifest injustice, 
 its action should be affirmed. 
 
 It is urged 'by the appellee that the same weight attaches to actions of an 
 inferior appellate tribunal, upon appeal, that is given to tribunals having original 
 jurisdiction. It is held that the action of the board in matters of which it 
 lias original jurisdiction, is alone entitled to this consideration by any superior 
 tribunal upon appeal. REVERSED. 
 
 ALONZO ABEBNETHY, 
 
 September 17., 1875. Superintendent of Public Instruction. 
 
 MARY M. THOMPSON v. DISTRICT TOWNSHIP OF JASPER. 
 Appeal from Adams County. 
 
 'TEACHER. When a teacher is dismissed in violation of his contract, an action in 
 
 the courts of law will afford him a speedy and adequate remedy; when discharged 
 
 for incompetency, dereliction of duty, or other cause affecting his qualifications 
 
 as a teacher, he has the right of appeal. 
 
 TEACHER. The teacher is entitled to the counsel and co-operation of the sub- 
 
 director and board in all matters pertaining to the conduct and welfare of the 
 
 .school. 
 
 The board discharged the teacher in one of the public schools of the district 
 for dereliction of duty. She appealed to the county superintendent, who reversed 
 its decision; from this action, the board, through its president, appeals. 
 
 At the hearing before the county superintendent the board filed a motion to 
 .dismiss the case for want of jurisdiction, insisting that the teacher having been 
 dismissed in accordance with the provisions of section 1734, her proper remedy 
 was an action at law for damages. 
 
 When a teacher is dismissed in violation of his contract, an action in the 
 <courts of law, on the contract, will afford him a speedy and adequate remedy 
 
SCHOOL LAW DECISIONS. 21 
 
 when discharged for incompetency, dereliction of duty, or other cause affecting* 
 his qualifications as a teacher, he has the right of appeal to the county superin- 
 tendent, who is the proper officer to review questions of this character, and to 
 determine whether the board has in the exercise of its authority violated the law 
 or abused its discretionary power. Questions concerning the validity of contracts, 
 the right to recover for services performed, and the interpretation of law, belong 
 especially to judicial tribunals. Questions concerning the character and qualifi- 
 cations of the teacher, and his management of the school, are, by appeal, within 
 the jurisdiction of the county superintendent. The motion to dismiss was 
 properly overruled. 
 
 The charges of dereliction were want of promptness in commencing school in 
 the morning, and an occasional refusal to hear the recitation of one or more of 
 her pupils. For this dereliction there appears to have been some extenuating 
 circumstances. Under the contract it was the subdirector's duty to have fires, 
 built. The boy employed to do this work often failed to have the schoolhouse iru 
 comfortable condition at nine o'clock. The teacher usually made up lost time by 
 teaching after four o'clock, and there is no evidence that the subdirector or board 
 ever advised her with regard to the performance of her duties. The board con- 
 vened at the schoolhouse without previous notice to the teacher, and after taking 
 the testimony of pupils, unanimously voted to discharge her. AFFIRMED. 
 
 ALONZO ABERNETHY, 
 
 May 8, 1876. Superintendent of Public Instruction. 
 
 S. W. WOODS et al. v. DISTRICT TOWNSHIP OF BRIGHTON. 
 Appeal from Cass^County. 
 
 BOARD OF DIRECTORS The acts of the board must be presumed to be regular, 
 and should be affirmed unless positive proof is brought to show the contrary. 
 SCHOOLHOUSE SITE. The prospective wants of a subdistrict may properly have- 
 weight in determining the selection of a site, when such selection becomes neces- 
 sary, but not in securing the removal of a schoolhouse now conveniently located. 
 SCHOOLHOUSE SITE. To make a distinction between the children of freeholders- 
 and those of tenants in determining the proper location for a schoolhouse, is 
 contrary to the spirit and intent of our laws. 
 
 The board by a vote of five to two rejected a petition asking the removal of the 
 schoolhouse in subdistrict number eight. On appeal the county superintendent 
 reversed the action of the board, and ordered the removal of the schoolhouse to 
 the place named in the petition. Wm. P. Altig appeals. 
 
 Subdistrict number eight contains sections 27, 28, 33, 34, and sixty acres lying- 
 in section 32, and has a good commodious schoolhouse, erected three years ago r 
 one-half mile west of the center, on a public road passing east and west through 
 the center of the subdistrict. There are about thirty children of school age 
 in the subdistrict, twenty-two of whom reside in the western half, and nineteen 
 west of the present site. All those residing east of the present site, except one 
 child, are within one and a half miles of the schoolhouse, while by the proposed 
 removal, a large number would be at a greater distance. 
 
 The action of the board in refusing to remove a schoolhouse should not be 
 interfered with on appeal, except upon evidence of violation of law, or abuse of 
 discretionary power. In this case there is no evidence of such abuse. The pros- 
 pective wants of a subdistrict may properly have weight in deter mining the selec- 
 tion of a site upon which to build a schoolhouse, when such a selection becomes 
 necessary, but not in determining the removal of a house, located conveniently 
 for the present wants of the subdistrict. 
 
 It appears that a considerable portion of the school population consists of the 
 children of tenants, and much stress is laid upon the assumed distinction that 
 should be made between the children of tenants and those of freeholders, in 
 
22 SCHOOL LAW DECISIONS. 
 
 determining the proper location of the schoolhouse. Distinctions based upon the 
 ownership of property or permanence of residence are not made in the law, would 
 not well comport with the fundamental principles upon which our public school 
 system is based, and should not have weight in determining the location of school- 
 house sites. It is the duty of the board to provide equal school facilities for the 
 youth of the district as far as practicable, regardless of considerations relating to 
 permanence of residence. The schoolhouse may properly be removed whenever 
 the conditions of the subdistrict require it, but unnecessary expense should not 
 be incurred in such removal in anticipation of possible, or even probable, changes 
 >of this character. REVERSED. 
 
 ALONZO ABERNETHY, 
 July 31, 1876. Superintendent of Public Instruction. 
 
 J. N. ARTHUR et al. v. INDEPENDENT DISTRICT OF FAIRWAY 
 Appeal from Adams County. 
 
 SCHOOLHOUSE SITES. The necessities of the present must be observed in locat- 
 ing schoolhouse sites, in preference to the probabilities of the future. 
 TESTIMONY. New testimony can be introduced only when the facts materially 
 affecting the case could not have been known before the trial. 
 REMANDING OF CASES. When the evidence discloses that the action of the 
 board was unwarranted, and the facts are not sufficiently shown to determine 
 what should be done, the case should be remanded to the board. 
 
 In this case the board made an order relocating the schoolhouse site, from this 
 order J. N. Arthur and others, residents of the district, appealed to the county 
 superintendent, and upon his affirming the action of the board, to the superin- 
 tendent of public instruction. 
 
 The district consists of sections 'one, two, eleven, twelve, thirteen and four- 
 teen, and the old schoolhouse stands near the southwest corner of the southeast 
 quarter of section one. The proposed new site is in the northwest corner of the 
 ;youthwest quarter of the northwest quarter of section twelve, on a public high- 
 way, and one-quarter of a mile north of the geographical center of said district. 
 
 The grounds of objection by the appellants to the removal are substantially, 
 that the new site is on low bottom lands and subject to overflow, not accessible at 
 all times of the year, and that it is not as near the center of the school population 
 as the old site. They also suggest that a location at the cross roads one-half mile 
 cast of the new site is better ground and more convenient to the people. In fix- 
 ing the schoolhouse site, the geographical position and the convenience of the 
 people of each portion of the district should be considered. 
 
 From the large amount of testimony it is evident that the new site chosen is 
 in a low place, and an affidavit sent to this office, and signed by a number of resi- 
 dents, proves beyond question that the site has been overflowed for several days 
 of the last month. By a close comparison it is found that the number of residents 
 who will have their distance to school increased by choosing the new site, is 
 greater than of those who will have their distance diminished. By locating the 
 schoolhouse at the cross roads, one-half mile east of the proposed new site, which 
 location is claimed to be higher, and therefore less liable to overflow, three- 
 fourths of the residents will have their distance diminished by forty to one hun- 
 dred and sixty rods. 
 
 Although it may be true, as is affirmed in the testimony, that the western part 
 of the district is as capable of settlement as the eastern part, the necessities of 
 the present must be observed in locating schoolhouse sites, in preference to the 
 probabilities of the future. While it is the rule of this department to sustain 
 discretionary acts of the board, it seems that in this case the true interest of all 
 concerned, and justice to a large portion of the people, demands that the school- 
 house should not be moved to the new site chosen. 
 
SCHOOL LAW DECISIONS. 23 
 
 To what extent the high waters of last month did affect the other locations 
 under consideration, is not known to this department; it is therefore best to let 
 the matter come up anew before the county superintendent for a rehearing. The 
 decision of the county superintendent is therefore reversed, and the case 
 remanded for a rehearing, with the direction from this department that the pro- 
 posed new site is an unsuitable one for school purposes. REVERSED. 
 
 C. W. VON COELLN, 
 !/bcr 31, 1876. Superintendent of Public Instruction. 
 
 Y 
 
 v. INDEPENDENT DISTRICT OF LIBERTY. 
 
 Appeal from Monroe County. 
 
 Quo WARRANTO. The only proper means of affirming the right to exercise the 
 privileges of an office, or to contest the illegal exercise of the same, is set forth in 
 sections 3345-3352. 
 
 This is an action brought to compel the board to recognize a member elect. The 
 evidence in the case seems to show that the appellant was duly elected and quali- 
 fied, and that on presenting himself at the meeting of the board, he was, by vote 
 of the board, debarred from acting, and another person admitted as a member. 
 From this order of the board he appealed to the county superintendent, who dis- 
 missed the case for want of jurisdiction, and Mr. Buzzard again appeals. 
 
 It has been the uniform decision of this department that the right or title to 
 office cannot be determined by any authority other than a court of law. We are 
 compelled to agree with former opinions, by supreme court decisions, 16 Iowa, 
 371, 17 Iowa, 368, 22 Iowa, 75, in which the fact that an information quo warranto 
 is the only proper means, legally, to affirm the right to exercise the privileges 
 of an office or to contest the illegal exercise of the same, is clearly set forth. 
 
 In all cases over which we have jurisdiction, our decision is final; hence, if for 
 no other reason, we cannot assume jurisdiction in this matter, as both parties 
 have access to the courts, as provided by sections 3345-3352 of the Code. The 
 county superintendent, therefore, very properly decided to dismiss the appeal, 
 and his order is hereby AFFIRMED. 
 
 C. W. VON COELLN, 
 
 July 2, 1877. Superintendent of Public Instruction. 
 
 J. J. WILSON et al. v. DISTRICT TOWNSHIP OF MONROE. 
 Appeal from Mahaska County. 
 
 COUNTY SUPERINTENDENT. The county superintendent is not limited to a 
 
 reversal or affirmance of the action of the board, but he determines the same 
 
 questions which it had determined. 
 
 SCHOOLHOUSE SITE. The location of a schoolhouse can be dependent upon a 
 
 change of boundaries only when it is shown in evidence that it is the definite and 
 
 positive intention to make such a change. 
 
 HIGHWAY, If possible, every schoolhouse site should be upon a public highway. 
 
 COUNTY SUPERINTENDENT. May make a conditional ruling, by which his own 
 
 decision will be governed. 
 
 On the 14th day of April, 1877, the board located the site for a schoolhouse. 
 Prom its action, J. J. Wilson and others appealed to the county superintendent, 
 alleging that the board had erred in making the location, in that, by reason of 
 distance owing to the location of the roads, the location as made effectually 
 deprived many of the subdistrict of the privilege of attendance at school. On 
 trial, the county superintendent reversed the action of the board, and located a 
 new site. From his decision the board appeals, claiming that the county super- 
 intendent erred in selecting a site entirely different from those with reference to 
 which testimony was taken; that it is on the extreme east line of said subdistrict, 
 
24 SCHOOL LAW DECISIONS. 
 
 and hence cannot be called at all central; that the board took into account ira 
 making the location, the possibility of a change in the northern boundary of the^ 
 subdistrict, which would make the situation chosen a suitable one for the remain- 
 ing subdistrict; that a portion of his decision was conditional and void; and that 
 the board did not abuse its discretion by making the location as it did. 
 
 The assumption that the county superintendent did not have the right to 
 locate a schoolhouse site differing in location from the one made by the board, or 
 the one petitioned for by the appellants, is a mistake. See John Clark v. District 
 Township of Wayne, School Law Decisions of 1876, page 47; also the opinion of the' 
 attorney-general in Iowa School Journal for April, 1866, in which the following- 
 ruling was made: "The county superintendent is not limited to a reversal or- 
 affirmance of the action of the board, but he determines the same questions which; 
 it had determined." 
 
 The nature of the subdistrict is peculiar. It is long and narrow, and its 
 western boundary, the North Skunk river, which also makes nearly all its south- 
 ern boundary, is a disturbing element when we attempt to locate the site of a 
 schoolhouse to accommodate all the people. While under ordinary circumstances 
 a site near the boundary of a subdistrict would be unadvisable, in this case it 
 seems necessary, unless additional road facilities can be secured. The site selected 
 by the county superintendent is clearly the one best calculated to accommodate 
 the whole subdistrict as constituted at present. 
 
 The location of a schoolhouse site can be dependent upon a change of bound- 
 aries only when it is shown in evidence that it is the intention of the board, or- 
 boards, to make such change. In this case, it is not claimed that any change is; 
 actually intended or expected. The limit, as made provisionally by the county- 
 superintendent, of thirty days for such changes of roads as would make a more- 
 central location feasible and desirable, was too short a time, under the provisions 
 of law, to effect the result. For that reason we shall extend the time for the- 
 establishment of a road to ninety days from the date of his decision, or to such 
 time as the board of directors may show to be necessary to establish the road,, 
 provided that immediate steps shall be taken to bring about the result, if desiredu 
 
 The discretion of the board was evidently abused in not providing equal school 
 facilities for those living in the northern portion of the subdistrict,. by the 
 location of the schoolhouse site. 
 
 In case the road contemplated is secured, the board may locate the site thereon,. 
 as near the center of the subdistrict as good and suitable ground can be found. 
 If no steps are taken to secure such a road, or in case the road cannot be pro- 
 cured, the location last chosen by the county superintendent is to be regarded as- 
 the site, and his decision is hereby AFFIRMED.. 
 
 C. W. VON COELLN, 
 
 August 7, 1877. Superintendent of Public Instruction. 
 
 WM. DONALD v. DISTRICT TOWNSHIP OF SOUTH FORK. 
 Appeal from Wayne County. 
 
 SALARY OF TEACHERS. The salary of teachers should be in proportion to their 
 
 ability and responsibility, and not equal when these differ materially 
 
 SALARY OF TEACHERS. The control of salaries is wholly within the power of 
 
 the board and cannot be determined by an appeal, because it is not within the 
 
 jurisdiction of county or state superintendent to order the payment of money. 
 
 EXPLANATORY NOTES. Notes to the school law, while proper aids to school 
 
 officers, have not the binding force of law, and a noncompliance with them is not 
 
 necessarily a violation of law. 
 
 SCHOOLS. The wealthier portions of the community should aid their neighbors 
 
 in sustaining good schools. 
 
SCHOOL LAW DECISIONS. 25 
 
 On the 18th day of March, 1878, the board made an order fixing the salaries of 
 teachers for the summer schools at the uniform price of twenty dollars per month. 
 From this action William Donald appealed to the county superintendent, who 
 affirmed the action of the board. From his decision William Donald appeals. 
 
 It is alleged by the appellant that the county superintendent erred in decid- 
 ing that the board did not violate law in voting that the same amount of salary 
 should be paid to the teacher in each subdistrict. It is claimed that the board 
 should have provided for a higher salary in some schools of the township. 
 
 The difficulty with appellant's counsel is that he believes the note to be a part 
 of the law. My predecessor gave his own views of the employment of teachers 
 and I most fully agree with him in his view. The law leaves the whole matter to 
 the board and presumes that it will deal equitably. Unfortunately, selfishness is 
 a nearly universal characteristic of human kind, and too often the majority, 
 representing weak subdistricts, weak both in numbers and in property, demands 
 an equal distribution of the money on hand for teachers' pay. 
 
 The law organizing the rural independent districts, passed in 1872, arose from 
 the feeling that this selfishness was working injustice to little towns and wealthy 
 and populous subdistricts. The creation of these independent districts works an 
 injustice to the weaker districts, for it is proper and desirable that the wealthier 
 districts should aid their weaker neighbors to sustain fair schools. 
 
 With regard to this case, we do not see wherein the board violated law. The 
 idea of prejudice is slightly apparent from the testimony, but not sufficiently to 
 reverse the action of the board. That equity has not been observed seems very 
 evident, for it must be presumed that a larger school population requires a better 
 teacher, and if a better and more experienced teacher is needed, a better salary 
 ought to be paid. There are other considerations. Usually the expense of liv 
 ing is greater in the town than in the country. It is also the probability that a 
 larger tax is paid by the town than by the country. 
 
 We are not able at this distance to determine whether twenty dollars is a 
 sufficient compensation for the teacher of subdistrict number four of South Fork. 
 But if twenty dollars is only sufficient compensation for the country subdistricts, 
 H is our belief that a higher salary should be given the teacher in the town. 
 
 It is out of our jurisdiction to give advice to the board what to do in this case, 
 after determining that we have no power to reverse its action, but we suggest 
 that equity would be served if it should pay the five dollars per month assumed 
 by Mr. Anderson. After giving our views thus in full, we must agree with the 
 county superintendent, and his decision is therefore AFFIRMED. 
 
 C. W. VON COELLN, 
 
 June 29, 1878. Superintendent of Public Instruction. 
 
 JAMES JACOBY et al. v. INDEPENDENT DISTRICT OF NODAWAY. 
 Appeal from Adams County. 
 
 SCHOOLHOUSE SITE. ^ A schoolhouse site fixed by county or state superintendent 
 affirming the discretionary act of the board, allows the board to exercise its dis- 
 cretion again, especially if material changes have occurred. 
 
 DISCRETIONARY ACTS. Suggestions from the electors upon matters entirely 
 within the control of the board will in no manner prevent the fullest exercise of 
 the discretion vested in the board by the law. 
 
 SCHOOLHOUSE SITE. The endeavor to show regard for the expressed wishes of 
 the electors in the choice of a site will be an added reason in support of the action 
 of the board. 
 
 In the summer of 1877, the board located a schoolhouse site, selecting one not 
 desired by a large majority of the electors, as expressed at an informal meeting 
 called by the board. An appeal was taken to the county superintendent, who 
 reversed the action of the board, and in turn to the superintendent of public 
 
26 SCHOOL LAW DECISIONS. 
 
 instruction, who reversed the decision of the county superintendent, thereby sus- 
 taining the action of the board, on the ground that abuse of the discretion given 
 by the law to the board, as charged, was not proved. 
 
 Since the decision above referred to was rendered, a dwelling has been erected 
 within twenty rods of the site chosen. Also, a material addition has been made 
 to the district on its east side of a strip of land three miles in length and one-half 
 mile in width. 
 
 At a meeting of the board held April 22, 1878, it relocated the schoolhouse 
 site, choosing the old site in place of the one selected by it last year. From its 
 action James Jacoby and others appealed to the county superintendent, who 
 affirmed the order of the board. D. Shipley and Ed. Kennedy appeal. 
 
 This case was before us last year and we affirmed the action of the board in 
 selecting the new site, sustaining the discretionary act of the board. Hence, the 
 principle that a site selected by the county or state superintendent cannot be 
 changed unless there have been material changes in the district, does not apply. 
 There have been changes by the addition of new territory and a dwelling being 
 erected within less than forty rods of the proposed site. The choice of the old 
 site is in conformity with the wish of a majority of the electors, and does not 
 prove any abuse of discretion, much less a violation of law. The action of the 
 board is sustained, and the decision of the superintendent AFFIRMED. 
 
 C. W VON COELLN, 
 
 August 26, 1878. Superintendent of Public Instruction. 
 
 L. E. CORMACK v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Adams County. 
 
 JURISDICTION, An appeal will not lie to enforce a contract. 
 
 JANITORIAL, SERVICES. If a teacher serves as janitor in sweeping the room and 
 
 building fires, he should be paid from the contingent fund for such services. 
 
 Mr. Vandyke, a subdirector, contracted with Mrs, L. E. Cormack as teacher 
 for the winter term of scliool. The terms of the contract included that the 
 teacher was to receive twenty-five dollars per month for teaching and one dollar 
 and twenty-five cents a month for building the fires and sweeping the school- 
 house. The board refused to audit the full account, which would give the teacher 
 pay for janitor's work, claiming that the said subdirector exceeded his authority 
 in so contracting. Mrs. Cormack appealed to the county superintendent, who 
 reversed the action of the board. W. C. Potter, president of the board, appeals. 
 
 This case has evidently for its object the securing of money on contract, and 
 as section 1836 prevents county and state superintendents from rendering a judg- 
 ment for money, it has been the common custom to refuse to entertain any appeal 
 in which a contract is to be decided by such appeal; for this reason the county 
 superintendent should have dismissed the case for want of jurisdiction. 
 
 It may not be out of place here to state that unless a contract with the teacher 
 provides that building fires and sweeping the house is included, the board can- 
 not require such service of the teacher. The payment for such services should 
 come from the contingent fund and should be specifically mentioned. The 
 teachers' fund is not to be used for paying for janitorial services. 
 
 Without deciding any question at issue, we are of the opinion that the sub- 
 director did not exceed his authority given him by section 1753 when he agreed 
 to pay a reasonable sum for janitorial services besides the twenty-five dollars paid 
 under instruction from the board for teacher's services. But since we do not con- 
 sider the case within our jurisdiction the decision of the county superintendent 
 is reversed and the case DISMISSED. 
 
 C. W. VON COELLN, 
 
 March 1, 1879. Superintendent of Public Instruction. 
 
 NOTE We have since learned that the teacher recovered in a suit in the courts at law. 
 
SCHOOL LAW DECISIONS. 27 
 
 W. F. RANKIN v. DISTRICT TOWNSHIP OF LODOMILLO. 
 Appeal from Clayton County 
 
 HECORDS The record of the secretary shall be considered as evidence, and can- 
 not be invalidated by parol evidence unless there is proof of fraud or falsehood. 
 TERRITORY Where territory is to be transferred by concurrent action of two 
 boards to the district to which it geographically belongs, a majority of the mem- 
 bers elect is not necessary, as required for the change of subdistrict boundaries. 
 APPEAL. The action of two boards upon a subject over which they have divided 
 control constitutes a concurrent action, and appeal may be taken only from the 
 order of the board taking action last. 
 
 This appeal relates to the transfer of territory in the civil township of Cass, 
 which has belonged to the district township of Lodomillo since 1856, to the town- 
 ship to which it geographically belongs 
 
 The board of the district township of Cass appointed a committee to meet a 
 committee chosen by the Lodomillo board, to agree upon terms of transfer. The 
 district township of Lodomillo also appointed a committee. The joint committee 
 agreed upon a report, which the board of Cass adopted September 16, 1878. On 
 the 12th day of October, 1878, the Lodomillo board, by a vote of four of the six 
 members present of a board of ten, also adopted the report and accepted the 
 proposition agreed to by the board of Cass. 
 
 From the action of the Lodomillo board W. F, Rankin appealed to the county 
 .superintendent, who dismissed the case for want of jurisdiction, and stated that 
 the action of the board was plainly in violation of the law, since section 1738 
 requires a majority of the board to change the boundaries of subdistricts From 
 this decision W. F. Rankin appeals. 
 
 The secretary's transcript of the transactions of the meeting of the board of 
 Lodomillo, held October 12, 1878, does not show any irregularity in the trans- 
 action, does not show the number of members present, nor the number of votes 
 cast by which the motion was carried. 
 
 According to a well established principle of law the records of any public or 
 private corporation must be considered regular, and cannot be set aside by parol 
 evidence, except under an allegation of fraud, Based upon the evidence of the 
 transcript the whole transaction was carried on in conformity with law, and we 
 -can see no reason to interfere with the action of the board If we admitted the 
 testimony of M. E. Axtel, showing that only six members of a board of ten were 
 present, and that four of these six voted for the transfer, we would still hold that 
 said transfer was legally made. The action of the board was not* a change of 
 boundaries of subdistricts, but a transfer under section 1798. The territory trans- 
 ferred, being part of districts organized before the law of 1858 took effect, could 
 be transferred by concurrent action of the boards to the district to which it geo- 
 graphically belongs, and the limitation of section 1738, requiring a majority of 
 the board to change subdistrict boundaries, is not applicable to this case. 
 
 The appeal is brought from, the action of the board which concurred, and is 
 therefore taken in a proper manner. For the reasons set forth the action of the 
 board is sustained and the decision of the superintendent is REVERSED. 
 
 C. W. VON COELLN, 
 
 May 28, 1879. Superintendent of Public Instruction. 
 
 L. B COLBURN et al. v. DISTRICT TOWNSHIP OF SILVER LAKE. 
 Appeal from Palo Alto County. 
 
 EVIDENCE. To establish malice or prejudice on the part of the board, positive 
 testimony must be introduced, and the evidence must be conclusive. 
 COUNTY SUPERINTENDENT. A county superintendent should not ask the state 
 superintendent to decide a case on appeal for him, but may ask for an inter- 
 pretation of law, either by the state superintendent, or through him, by the 
 .attorney-general. 
 
28 SCHOOL LAW DECISIONS. 
 
 On the 25th day of August, 1879, the board fixed the location of a schoolhouse 
 on the old site From this order L B. Colburn and others appealed to the county 
 superintendent, who affirmed the action of the board, and from this decision the 
 same parties appeal. 
 
 Among the errors enumerated, the appellants urge that the county superin- 
 tendent erred in holding that the board was not actuated by passion or prejudice. 
 We fail to find any evidence establishing the existence of such malice or prejudice 
 on the part of the board. Appellants also claim that the county superintendent 
 erred in basing his decision on the verbal opinion of the state superintendent, 
 given prior to the hearing of the case. 
 
 This affords an opportunity of censuring a practice quite common among 
 county superintendents to ask the superintendent of public instruction for his. 
 opinion in an appeal which is pending. We have made it a universal practice to 
 refuse answers upon the questions involved in the particular case, and have given 
 only general principles which should govern county superintendents in determin- 
 ing cases of appeal. These general principles are so well established that an. 
 intelligent county superintendent ought to be familiar with them. 
 
 We advised the county superintendent in this case not to measure the respec- 
 tive distances of the different locations from the geographical center, before the 
 trial of the appeal. 
 
 It is proper for a county superintendent to ascertain the interpretation of 
 points of law, by securing an opinion from this department, or from the attorney- 
 general through this department. 
 
 Without fully determining the merits of the respective locations, we must 
 hold that the board did not abuse its discretion sufficiently to warrant inter- 
 ference. The appellants failing to prove malice or prejudice on the part of the 
 board, its order should stand, and the decision of the county superintendent 
 affirming its action is AFFIRMED. 
 
 C, W. VON COELLN, 
 
 March 30, 1880. Superintendent of Public Instruction. 
 
 WM. BARTLETT v. DISTRICT TOWNSHIP OF SPENCER. 
 Appeal from Clay County. 
 
 APPEAL. May be taken by any resident aggrieved by an action of the board. 
 BOUNDARIES. Must conform to congressional divisions of land. 
 SCHOOLHOUSE SITE. Proper location of, depends upon form of subdistrict. 
 TERRITORY. All territory must be included within some school district. 
 
 On the 22d day of October, 1881, the board adopted the report of a committee 
 locating a site for a schoolhouse in subdistrict number nine on the southeast 
 corner of the southeast quarter of section twenty-one. From its order, William 
 Bartlett appealed to the county superintendent, who reversed the action of the 
 board and located the site on the northwest corner of the northeast quarter of 
 the southeast quarter of section twenty-one. C. F. Archer appeals. 
 
 The counsel for the appellants files a motion to dismiss the appeal on the 
 ground that persons not parties to the hearing below are debarred from appealing 
 to the superintendent of public instruction. It has been repeatedly held that any 
 person aggrieved may prosecute an appeal from the decision of the county super- 
 intendent, unless the right of appeal has been waived by previous agreement. 
 
 The subdistrict in which the location was made was formed by action of the 
 board at the regular meeting in last September. The boundaries fixed by the 
 board at that time, as shown by the plats in evidence, are the Little Sioux river 
 and Prairie creek on the north, east and south, and the half section line running 
 north and south through sections eighteen, nineteen, thirty and thirty-one, as 
 the western boundary. 
 
SCHOOL LAW DECISIONS. 29 
 
 It is shown by the plat that the half mile strip on the western side of the sub- 
 district is supposed not to belong to subdistrict number nine, and it is stated by 
 the county superintendent that this territory is supposed to be temporarily 
 attached to the adjoining township for school purposes. We are compelled to 
 notice this irregularity of boundaries, since the proper location of any school- 
 house obviously depends largely upon the form and extent of the territory for 
 which the house is designed. Section 1796, providing for the creation of subdis- 
 tricts and for subsequent alterations in their boundaries, contains the following- 
 "Provided that the boundaries of subdistricts shall conform to the lines of con- 
 gressional divisions of land." When government lines follow large streams, 
 or other bodies of water, a division is sometimes formed containing less than 
 forty acres; but unless such exception applies, the smallest congressional division 
 is the one-sixteenth of a section, or forty acres in a square form. In fixing the 
 boundaries of subdistricts no smaller subdivision can be made, and a forty-acre 
 tract must be included in the subdistrict, or excluded, as a whole. 
 
 The only provision of law by which the half mile strip could be attached to 
 the adjoining district township, is found in section 1797. The transfer can be 
 made only when natural obstacles intervene. It is apparent from the plats in 
 evidence that no large unbridged stream, or any other natural obstacle, exists. 
 Hence we must conclude that it is the duty of the board of directors of the district 
 township of Spencer to provide that the strip in question shall be a part of some 
 subdistrict. It seems probable that a portion of the territory referred to will 
 naturally fall to subdistrict number nine. The county superintendent appears to 
 have presumed that the subdistrict would ultimately include all the territory to 
 the township line. That the territory does belong to the district township of 
 Spencer, unless it has been attached to the adjoining township, in accordance 
 with section 1797, there can be no question. Such being the facts in this case, 
 and the evidence disclosing that the board did not exercise that care in selecting 
 a site which is desirable when so many interests are involved, we are disposed to 
 remand the case to the board, with the suggestion that it adjust the boundaries 
 of the subdistrict, and determine upon some other site than the one chosen by it, 
 with the intention to furnish the best accommodation to all parties. 
 
 REVERSED AND REMANDED. 
 J. W. AKERS, 
 
 February 15, 1882. Superintendent of Public Instruction. 
 
 J. D. HANDERSHELDT v. DISTRICT TOWNSHIP OF DES MOINES. 
 Appeal from Jefferson County. 
 
 DISCRETIONARY ACTS. Abuse of discretion is not established by testimony show- 
 ing that a different action would have been preferred by the electors. 
 DISTRICT ORGANIZATION. The county superintendent has no jurisdiction to 
 determine the validity of district organization 
 TESTIMONY. To be legal must be given under oath. 
 BOUNDARIES. Of subdistricts, changed between September and March. 
 MAJORITY VOTE. Of whole board required to change subdistrict boundaries. 
 
 A petition was presented to the board asking that certain territory in Des 
 Moines township be set aside to form, in connection with territory to be obtained 
 from the independent district of Liberty number eight, a new subdistrict to be 
 known as subdistrict number nine, Des Moines township. The board acted on 
 tliis petition and made the following order: "In the matter of the petition of 
 J. D. Handersheldt and Silas Pearson, asking for the formation of a new sub- 
 district to be known as number nine, in the district township of Des Moines. All 
 the territory within the boundary lines therein described, is hereby granted, pro- 
 vided sufficient territory be granted by the independent school district of Liberty 
 
30 SCHOOL LAW DECISIONS. 
 
 number eight, to make a suitable and convenient subdistrict as to the amount of 
 territory and the number of children of school age; and provided, that in case the 
 territory is not granted by said independent district of Liberty number eight, 
 then said territory hereby granted shall remain and be a part of subdistrict num- 
 ber five, of the district township of Des Moines. " 
 
 On the 28th day of April, 1882, the board of the district township of Des 
 Moines, at a special meeting, adopted the following resolution: "It is hereby 
 ordered that all action heretofore taken by the board of the district township of 
 Des Moines, in the formation and organization of subdistrict number nine, in the 
 above named township, is hereby rescinded. " From this action of the board, 
 J. D. Handersheldt appealed to the county superintendent, who upon hearing the 
 case on appeal rendered the following decision: "A resolution passed rescind- 
 ing an action which has not as yet taken effect, is legal, but so far as it concerns 
 formation and organization which is already completed, it is illegal. " From, 
 this action or decision of the county superintendent, J. D. Handersheldt appeals. 
 
 It appears from the transcript of the county superintendent that the witnesses- 
 were not sworn A failure to take testimony under oath is fatal to the case, even, 
 though from its nature it came properly before the superintendent on appeal. 
 
 A brief examination will.be sufficient, we think, to show that this action should 
 have been dismissed by the county superintendent for want of jurisdiction, since 
 no appeal will lie when the validity of district organization is involved. 
 
 This appeal was taken from the action of the board to the superintendent, for 
 the purpose of determining whether or not the board erred in rescinding its 
 former action creating subdistrict number nine. There was very little evidence 
 bearing on this, the sole issue in the case. Witnesses simply stated that they 
 were or were not in favor of subdistrict number nine. 
 
 Such testimony can have no bearing in an action to establish error on the part 
 of the board. Appellants set forth in their affidavit that the county superintend- 
 ent erred, in that he refused to admit testimony to show that there never had 
 been any legal organization of subdistrict number nine. We think such evidence 
 was properly excluded, and yet it is necessary, to enable any tribunal to arrive at 
 a decision of the case; for if the district was organized according to law, then the 
 board committed error in making an order which operated to discontinue it, and 
 hence to change boundaries of subdistricts at a time of year in which, according 
 to our holding, it cannot be done. Upon the presumption that the district was 
 legally organized, it committed error by making a change of subdistrict bounda- 
 ries without a majority of the whole board. 
 
 It must therefore be determined whether the conditions upon which the board 
 of Des Moines township granted the territory, were fulfilled, or, in other words, 
 it must be known whether or not the independent district number eight, of Lib- 
 erty, concurred in the transfer of the territory. But neither the county superin- 
 tendent nor this department is competent to determine the legality of a district 
 organization, and it is therefore impossible for us to decide whether or not the 
 board committed error. 
 
 The remedy is an application to a court of law for mandamus to compel the 
 board to recognize the subdirector of subdistrict number nine, as a school officer 
 and member of the board of the district township of Des Moines. Were the issues 
 involved within our jurisdiction, we would not hesitate to consider them, but as 
 no question of such a nature is connected with the case it is DISMISSED, 
 
 J. W. AKEBS, 
 
 November 2, 1882. Superintendent of Public Instruction. 
 
 APPLETON PARK v. INDEPENDENT DISTRICT OF PLEASANT GROVE. 
 Appeal from Des Moines County. 
 
 RECORDS. The official record is its own best evidence. Testimony intended to> 
 contradict the record should not be admitted. 
 
SCHOOL LAW DECISIONS. 31 
 
 RECORDS. Records not made and certified to by the proper officers as required 
 by law are defective and may be impeached by collateral evidence. 
 TEACHER. The law provides that a teacher shall have a fair and impartial trial, 
 with sufficient notice to enable him to rebut the charges of his accusers. 
 CHARGES. Must be clearly sustained by the evidence. 
 
 Appleton Park was duly engaged and contracted with. He began teaching on 
 the 4th day of September, 1882; after some ten or eleven days had expired, during 
 which time he had taught the school, he was waited upon by the entire board, 
 called to the door and informed that certain rumors were being circulated, to the 
 effect that he had been guilty of using obscene and vulgar language in the pres 
 ence of his pupils, and during regular school hours. The board called at the 
 schoolhouse again about the hour for closing the school in the afternoon, and the 
 school having been dismissed, it proceeded to examine three of the boys as to the 
 truth of the charges above referred to. The result of this action was that the 
 teacher left the school and the board employed another teacher. Mr. Park 
 appealed to the county superintendent, who reversed the action of the board, 
 whereupon D. L. Portlock, president of the board, appeals. 
 
 The principal difficulty presented in this case seems to be to determine just 
 what that action or order of the board was from which the appeal was taken 
 The transcript filed by the secretary of the board, is as follows: "Complaint 
 being made by some of the scholars to the school board, in regard to the teacher, 
 Appleton Park, using indecent, rough and insulting language during school time, 
 the board met at the schoolhouse to make an investigation The board stated 
 the above charges to the teacher, Appleton Park, who after reflecting upon the 
 matter, proposed his resignation to the board. The board, after due considera- 
 tion, accepted the same. The question being settled in the above way, and no 
 other business before the board, the board then adjourned." 
 
 The parol evidence of Appleton Park was admitted to offset and impeach the 
 record. This was clearly in violation of well established law, if the record was 
 really what it purported to be, a true and authenticated copy of the proceedings 
 of the meeting of the board referred to. 
 
 Starkie On Evidence, says: ''Where written instruments are appointed, either 
 by the immediate authority of law, or by the compact of the parties, to be the 
 permanent repositories and testimony of truth, it is a matter both of principle 
 and of policy, to exclude any inferior evidence from being used, either as a 
 substitute for such instruments, or 'to contradict or alter them; of principle, 
 because such instruments are in their own nature and origin entitled to a much 
 higher degree of credit than that which appertains to parol evidence; of policy, 
 because it would be attended with great mischief and inconvenience if those 
 instruments upon which men's rights depend were liable to be impeached and 
 controverted by loose collateral evidence." Starkie, part IV, p. 995, Vol III, 3d 
 Amer. Ed. 
 
 The fact that the transcript referred to is not certified to by the secretary, 
 and the further fact that he was not present at the board meeting in question, 
 and wrote the minutes as dictated from memory by the president of the board, 
 three days after the meeting, fully justified the superintendent in ruling it out 
 and in admitting parol evidence. 
 
 We come now to consider whether the trial before the board was such a pro- 
 ceeding as is required by section 1734. The board called in the morning and 
 informed the teacher of the charges preferred against him, whereupon he offered 
 to resign. It instructed him to proceed with his school and stated that it would 
 return in the evening During the day the board worked up its case against the 
 teacher, while he was so employed as to prevent him from giving thought or 
 attention to the charges, or to the preparation of any adequate defense. 
 
 We must sustain the superintendent in finding that the trial ajid opportunity 
 to defend was not what the law intends every teacher shall have. Every teachei 
 
32 SCHOOL LAW DECISIONS. 
 
 is entitled to the sympathy and support of the school board, and where there is 
 any reasonable- doubt as to the truth of stories circulated by school children, the 
 teacher should have the benefit of such doubt. We believe that had the board 
 been in sympathy with the teacher in this instance, it would have decided that 
 the charges were not sustained by the evidence, at least by any evidence which 
 appears of record. That the teacher offered to resign in the evening does not 
 appear from the evidence offered in behalf of the board, while it does appear 
 that at least one member of the board told him "he had better quit." 
 
 We are compelled to hold that the teacher was dismissed, and that in doing so 
 for no sufficient reason the board erred, and the decision of the county superin- 
 tendent is therefore AFFIRMED. 
 
 J. W. AKERS, 
 
 February 16, 1883. Superintendent of Public Instruction. 
 
 NOTE Our supreme court rendered a decision regarding the measure of damages resulting 
 irom the wrongful discharge of this teacher. The opinion is found in 65 Iowa, 209. 
 
 J. L. MARSHALL et al. v. DISTRICT TOWNSHIP OF MARSHALL. 
 Appeal from Louisa County. 
 
 SUBDISTRICT. The board may not redistrict so as to abolish a subdistrict, with 
 the manifest intent to prevent the building of a house provided for by the electors 
 SCHOOLHOUSE TAXES. Must be certified, collected, and expended, in accord- 
 ance with the vote of the electors. 
 
 On the 22d day of February, 1886, the board abandoned subdistrict number 
 four, and transferred its territory in parcels to adjoining subdistricts. J. L. 
 Marshall et al. appealed to the county superintendent, who reversed the order of 
 the board N W Mackay, president of the board, appeals. 
 
 It is unnecessary to consider the real merits of this case. The board must be 
 reversed upon the ground that at the meeting of the electors of subdistrict num- 
 ber four, held in March, 1885, a tax of $300 was voted to build a schoolhouse in 
 said subdistrict number four. It appears in evidence that this tax was voted, 
 properly certified by the district board and levied by the board of supervisors, 
 and that a portion, at least, has been collected. It is not competent for the board 
 to defeat a vote of this kind by districting the subdistrict out of existence. The 
 money must be expended in accordance with the vote, and the house must be 
 built. Whether or not any of the tax has been collected is not material. It must 
 be collected and expended by the board as directed by the people. The case of 
 Benjamin v. District Township of Malaka et al., 50 Iowa, 648, is applicable here. 
 The only point of difference being that in the case cited the tax had been col- 
 lected before action was had by the board 
 
 In this case a part only of the tax has been collected, but as stated, this is not 
 material. The equities of this case may be with the board, but the action of the 
 electors in voting to build a house in subdistrict number four, and in providing 
 the means, will bar the board, and any act calculated to avoid its mandatory duty 
 is a violation of the law . AFFIRMED. 
 
 J. W. AKERS, 
 September 16, 1886. Superintendent of Public Instruction. 
 
 J. B. B. BAKER v. INDEPENDENT DISTRICT OF WAITKON. 
 Appeal from Allamakee County. 
 
 RULES AND REGULATIONS. In establishing and enforcing regulations for the 
 government of scholars the board has a large discretion. 
 
 On the 7th day 01 June, 1886, Maud Baker was suspended for repeated viola- 
 tion of a rule* of the board, known as rule five, which reads as follows: "Any 
 
SCHOOL LAW DECISIONS. 33 
 
 scholar who shall be absent five half-days in four consecutive weeks, without any 
 excuse from parent or guardian satisfactory to the teacher that the absence was 
 caused by said pupil's sickness, or by sickness in the family, or, in the primary 
 grades, by severity of the weather, shall forthwith be suspended. No pupil so 
 suspended shall be reinstated without a permit from the principal." 
 
 Rule twelve provides that the principal of the school may suspend pupils 
 temporarily, and that he shall immediately notify the parent or guardian of a 
 suspended child of such suspension, the notice to be in writing, and furthermore, 
 that he shall immediately inform the board of his action. 
 
 Maud Baker was absent without excuse, and when called to account for her 
 absence stated that she had gone on a fishing excursion, and expected to go the 
 week following. Having failed to render a satisfactory excuse, she was sus- 
 pended, as above stated. Notice in writing was sent to the parent, as required by 
 rule five, and the board informed of the suspension. The board approved the 
 action of the principal. J. B. B. Baker appealed to the county superintendent, 
 who reversed the action of the board. D. W. Reed appeals. 
 
 The facts in this case are not controverted. It appears in evidence that the 
 suspension of Maud Baker was reported to the board, and that a special meeting 
 of the board was held for the consideration of the act of the principal. Maud 
 Baker was present at this meeting of the board, and the president testifies that 
 he read to her the rule under which she had been suspended, and asked her to 
 give the board some promise of amendment in the future, as a condition of rein- 
 statement, and she replied that she would not make any promise for the future, 
 and expected to go fishing the following week. 
 
 The county superintendent finds that the suspension was made in compliance 
 with the rules of the board for the government and regulation of the schools, and 
 that the act of the principal in suspending, and of the board in approving his 
 action, was without prejudice or malice. The board was reversed on the ground 
 that the law does not confer upon the principal, or the board, power to suspend 
 for the cause for which Maud Baker was suspended. 
 
 The case turns, therefore, upon the power of the board to establish and enforce 
 a rule providing for the suspension of pupils, who are absent a given number of 
 days, or half-days, without a satisfactory excuse. This point has been fully dis- 
 cussed and settled by our supreme court in the case of Burdick v. Babcock, 31 Iowa, 
 562, and need not be considered here. Murphy v. Independent District of Marengo 
 has been cited, but does not apply, as in that case it is stated that the offense for 
 which the pupil was dismissed was not in violation of any rule or regulation. 
 
 We are compelled to overrule the decision of the county superintendent, and 
 to sustain the action of the board. REVERSED. 
 
 J. W. AKERS, 
 
 October 23, 1886. Superintendent of Public Instruction. 
 
 JAMES TOMPKINS v. INDEPENDENT DISTRICT OF KEYSTONE. 
 Appeal from Page County. 
 
 SCHOOLHOUSE SITE. It is manifestly unwise for the electors to express any 
 preference for a site, by a vote. The remedy of any one aggrieved by the action 
 of the board is appeal. 
 
 SCHOOLHOUSE SITE. The board is bound to take into account any special reasons 
 existing which favor a particular location, and a vote of the electors to expend 
 schoolhouse funds in a certain specified manner, may not be disregarded. 
 SCHOOLHOUSE SITE. A village in a subdistrict has special claims favoring the 
 selection of a site within its limits. The element of distance to be traveled by 
 some is largely overcome by the advantages of a location in the town. 
 SCHOOLHOUSE SITE. A suggestion from the electors should be given such 
 weight as there is value in the reasons upon which the expressed wish of the elec- 
 tors is based. 
 
34 SCHOOL LAW DECISIONS. 
 
 On the 24th of May, 1886, the board located the new schoolhouse upon the site- 
 of the old house. At the meeting of the electors on the 12th of March, 1884, the- 
 sum of one thousand dollars was voted to build a schoolhouse in Page Center. 
 The board regarded the designation of the site as advisory only, and located the- 
 house one-half mile from Page Center. James Tompkins appealed to the county 
 superintendent who found that the board had violated law, and for this reason, 
 reversed its action. G. W. Stanage appeals. 
 
 Section 1724 confers upon boards the power to locate schoolhouse sites. If,, 
 however, the location of the schoolhouse is coupled with and designated in the 
 vote to build, the house must be built in accordance with the vote. The transcript 
 of the record filed by the secretary contains this statement: "Voted a tax of one 
 thousand dollars for the purpose of building a schoolhouse in Page Center." 
 
 While any attempt on the part of the electors to designate the precise location 
 of a schoolhouse site would be an unwarranted assumption of power, nevertheless 
 a vote to build a house in a certain village or town plat, in connection with the 
 vote to appropriate money for that purpose, we think so far concludes the board 
 as to location as to require the selection of a site within such specified limits. 
 Any other holding would open the way to fraud and deception. We are com- 
 pelled to hold that the board should have selected a site in Page Center. The 
 decision of the county superintendent is AFFIRMED. 
 
 J. W. AKERS, 
 
 November 1, 1886. Superintendent of Public Instruction. 
 
 A. J. HOSINGTON v. DISTRICT TOWNSHIP OF UNION. 
 Appeal from Madison County. 
 
 APPEAL. Failure to file the transcript within the time mentioned in the law will 
 
 not invalidate the appeal. . 
 
 MANDAMUS. Is the method of compelling the performance of an official duty 
 
 mandatory in its character. 
 
 ADDITIONAL SCHOOL. It is the intention of section 1725 that an attendance of 
 
 at least ten scholars may reasonably be expected. 
 
 It appears that at the regular meeting of the board held September 19, 1887, 
 E. O. Storrs and others presented a petition for an extra school for their con- 
 venience. On motion said petition was taken up and granted. From this action, 
 A. J. Hosington appealed to the county superintendent, who heard the case in ; 
 due form, reversing the action of the board. E. O. Storrs and others appeal. 
 
 Counsel for appellant urges as error that the district secretary failed to file 
 his transcript of the record within the ten days required by section 1832. The 
 appellants claimed that the county superintendent had, on this account, lost 
 jurisdiction, and moved to dismiss the case. The county superintendent over- 
 ruled the motion. Did he commit an error in so doing? We think not. It is- 
 true as alleged by appellants that after the expiration of the thirty days mentioned 
 in sections 1830-1835, the county superintendent cannot entertain an appeal. The 
 action referred to in these sections lies within the choice of the aggrieved party, 
 the law grants him thirty days within which to make his election. The action 
 referred to in section 1832 is mandatory upon the secretary, he has no choice, he 
 cannot elect one of two courses of action. If he fails to do his duty within the 
 prescribed time a writ of mandamus may compel him to act. But in no case does 
 his failure to produce the transcript invalidate the appeal or "lessen the duty of 
 the county superintendent to proceed in the case. 
 
 Did the county superintendent err in taking into account the financial cor 
 dition of the district township? We cannot admit that he did. While the wanu 
 of funds will not excuse a board from maintaining schools, this department has- 
 held that the financial conditions should be considered in ordering an extra, 
 school. In this case the secretary testifies that the funds available will not 
 than meet the expenses of the seven schools now in session. 
 
SCHOOL LAW DECISIONS. 35- 
 
 The original petition shows twelve pupils of school age for whose accommo- 
 dation the school is desired. This department has held that the intention of the 
 present section 1725 is that there must be a probable attendance of ten to warrant 
 the board in establishing an extra school. What are the facts in this case as 
 gathered from the evidence? One child included is two years old. In a family 
 having five of school age but three are at home. One of the others is a graduate 
 of the Winterset high school, and the other is an attendant at the same school. 
 The probable attendance in the extra school would be only four or five. 
 
 Under all the circumstances we believe the board did not act with due discre- 
 tion, and that the county superintendent was fully justified in reversing its 
 action. The decision of the county superintendent is therefore AFFIRMED. 
 
 HENRY SABIN, 
 
 February 22, 1888. Superintendent of Public Instruction. 
 
 N. R. JOHNSTON v. DISTRICT TOWNSHIP OF UTICA. 
 Appeal from Chickasaw County. 
 
 MANDAMUS. To compel the performance of an official duty, appeal sometimes, 
 consumes valuable time. Mandamus is often a more speedy and better remedy. 
 DISCRETIONARY ACTS. Action by the board unduly delaying the final consider- 
 ation of an important matter, may be regarded as an evidence of prejudice. 
 
 The issues involved in this case were the formation of a new subdistrict to be 
 known as number twelve, and the providing for a school during the winter of 
 1887-8, pending the election of subdirector for the new subdistrict. The case 
 came in due order to the county superintendent on appeal, and from his decision 
 the board appeals. 
 
 At its meeting on the 19th of September, 1887, the board had before it a peti- 
 tion signed by Caleb Boylan and others, to redistrict number two, and to form a 
 new subdistrict. After various motions it was voted to adjourn to the second 
 Saturday in February, 1888, to consider said petition. Appeal was taken to the 
 county superintendent. 
 
 At the trial before that officer, October 27, 1887, and adjourned to October 31, 
 a motion was made to dismiss the case, on the ground that the matter was still 
 pending before the board, as no final action had been taken by that body. The 
 motion to dismiss was overruled, and the county superintendent proceeded to hear 
 the case. Did the county superintendent commit an error? We think not. 
 
 Without impugning in any way the motives of the board, its action in adjourn- 
 ing to a date as late as the second Saturday of February, was calculated to delay 
 and defeat the prayer of petitioners. The aggrieved parties had an undoubted 
 right to appeal, but we regret that they did not avail themselves of the more 
 speedy remedy of resorting to the courts. A writ of mandamus would undoubt- 
 edly issue in such a case, compelling the board to perform its enjoined duty. 
 
 A motion to dismiss on the ground that there was no evidence to show that the 
 board acted with passion, prejudice, or injustice, was also very properly over- 
 ruled. The action of the board delaying the whole matter until the second 
 Saturday of February, 1888, was in our opinion an act of manifest injustice, which 
 the superintendent very properly took into account in making his decision. 
 
 The county superintendent reversed the action of the township board and 
 ordered the new subdistrict, number twelve, to be formed, with an extra school 
 for the winter of 1887-8, in accordance with the prayer of the petitioners. Ought 
 his decision to be sustained? 
 
 A careful review of the evidence in the case, including the plat " exhibit A," 
 shows that the township of Utica is divided into eleven subdistricts, some of them 
 very large and irregular in shape. A better division than that proposed by the- 
 forniation of the new subdistrict, number twelve, can possibly be made. The 
 
36 SCHOOL LAW DECISIONS. 
 
 county superintendent, however, provides for this, as his decision does not pre- 
 vent any changing of the boundaries of subdistrict lines, if necessary to facilitate 
 the school privileges of the township. 
 
 A new subdistrict is needed to furnish reasonable school facilities for the 
 children in that neighborhood, and so far as ordering the new subdistrict, to be 
 known as number twelve, is concerned, the decision of the county superin- 
 tendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 March 15, 1888. Superintendent of Public Instruction. 
 
 N. R. JOHNSTON v. DISTRICT TOWNSHIP OF UTICA. 
 
 Appeal from Chickasaw County. 
 APPLICATION FOR A REHEARING. 
 
 REHEARING. To justify the granting of a new trial, a reasonable doubt must 
 arise in the mind of the officer to whom application is made, as to the absolute 
 correctness of his former conclusions. 
 
 Comes now the appellant, the district township of Utica, and asks for a rehear- 
 ing of the above case. 
 
 The acts of a board are recognized as mandatory or discretionary. When 
 they are mandatory, and the board acts in accordance with the law, the aggrieved 
 party has no remedy whatever; when they are discretionary the aggrieved party 
 has a remedy in an appeal, which may be taken eventually to the superintendent 
 of public instruction, whose decision is final. 
 
 Now, to say that the discretionary acts of a board must be sustained because 
 they are discretionary, destroys the right of appeal and takes away the last 
 remedy of the aggrieved party. The action of the board should be sustained, 
 unless it acts through passion, prejudice, or manifest injustice. Who is to decide 
 whether its action is an abuse of discretionary power? Surely not the board, nor 
 the aggrieved party. 
 
 The question is one upon which the county superintendent may be called to 
 pass, and from his decision an appeal may be taken to the superintendent of pub- 
 lic instruction. If the county superintendent in the discharge of his duty deter- 
 mines that the board has abused its discretionary powers, he has power to reverse 
 its action, and this department should affirm his decision if his conclusions are 
 found to be correct. 
 
 In the present case the board, at the meeting on the 19th of September, 1887, had 
 before it a petition asking for the formation of a new subdistrict, and a school 
 during the winter of 1887-8. It postponed the consideration of said petition until 
 the second Saturday in February, 1888. The aggrieved parties had their choice 
 between two remedies. They could apply for a writ commanding the board to 
 act, or they could appeal to the county superintendent. They chose the latter: 
 they could have chosen the former. See case of Crookshank v. District Township 
 of Maine, School Law Decisions 1888, page 88. Also 35 Iowa, 445, and 71 Iowa, 
 632. It is not claimed that the writ could control the action of the board, but it 
 could compel it to act in the premises. See Hiyhtower v. Overhouser et al., 65 Iowa, 
 350, Albin et al., v. Board of Directors of West Branch, 58 Iowa, 77, and Case v. Blood 
 et al, 71 Iowa, 632. 
 
 The attorneys for the board cite the case of Marshall v. Sloan, 35 Iowa, 445, in 
 support of their position. In that case the board acted, it rejected the petition 
 and its action was a matter of record. In the case under consideration the board 
 postponed action in such a way as to delay and possibly defeat the purpose of the 
 ^petitioners. In the present case the county superintendent reversed the action 
 of the board, because of the injustice done to one party through the delay in its 
 -action, and also did only, on appeal, what the board had power to do. 
 
SCHOOL LAW DECISIONS. 37 
 
 Upon reviewing the case carefully the second time we find that the county 
 superintendent reached a correct conclusion as to the action of the board, and 
 nowhere exceeded his authority. The application for a rehearing is denied. 
 
 HENRY SABIN, 
 
 March 26, 1888. Superintendent of Public Instruction. 
 
 JACOB DECK et al. v. DISTRICT TOWNSHIP OF EDEN. 
 Appeal from Decatur County. 
 
 SUBDISTRICT BOUNDARIES. A case involving a change of subdistrict bounda- 
 ries, having been adjudicated by the county superintendent reversing the action 
 of the board, and being afiirmed by the superintendent of public instruction, can- 
 not again be brought upon appeal, unless it can be shown that some change 
 materially affecting the conditions of the case has taken place since the date of 
 the former decision. 
 
 SUBDISTRICT BOUNDARIES. In changing subdistrict boundaries, both the present 
 and the future welfare of the district township should be considered. 
 SUBDISTRICT BOUNDARIES. A subdistrict long established, embracing a terri- 
 tory having a sufficient number of scholars to maintain a good school, should not 
 be abolished, unless the general school facilities of the township will be improved 
 thereby. 
 
 On the 19th day of September, 1887, the board voted to abolish subdistrict 
 number eight. Jacob Deck and others appealed to the county superintendent, 
 who on the 5th day of December rendered a decision reversing the action of the 
 township board, and the board appeals. 
 
 The counsel for the directors urged in their written argument that the county 
 superintendent should be required to send up to this department all the testimony 
 taken in the trial before her. It was certainly the duty of the county superin- 
 tendent to send up all the testimony upon which she based her decision. In the 
 absence of any proof to the contrary, the presumption is that the transcript fur- 
 nished by her contains all the testimony on file in her office. There is no proof 
 offered that she has not complied with the law in all respects. 
 
 On the 26th day of December, 1885, the county superintendent rendered a, 
 decision reversing the action of the board in abolishing subdistrict number eight. 
 As no material changes have taken place since then, in the condition of the town- 
 ship, does that former decision act as a bar to any further proceedings in this 
 case? We think not. 
 
 The principle enunciated here is undoubtedly correct. A case involving a 
 change of subdistrict boundaries, having been adjudicated by the county superin- 
 tendent reversing the action of the board, and being affirmed by the superin- 
 tendent of public instruction, cannot again be brought upon appeal, unless it can 
 be shown that some change materially affecting the conditions of the case has 
 taken place since the date of the former decision. In this case, however, the 
 decision of the county superintendent cannot act as a bar to further proceedings, 
 because the district board did not take an appeal. Such proceedings cannot be 
 considered as final in such a sense until they have been affirmed by the superin- 
 tendent of public instruction. 
 
 It is urged that the county superintendent erred in taking into consideration 
 the distance which many of the pupils must travel in order to reach their school, 
 if the action of the township board abolishing subdistrict number eight, is affirmed. 
 The law does not contemplate that one and one-half miles is in all cases an 
 unreasonable distance. It depends largely upon the age of the pupil and upon 
 the condition of the roads In the case before us a natural obstacle, the Little 
 Turkey river, must be taken into consideration. The opening of additional roads 
 and the construction of a bridge would simplify matters somewhat, but no steps, 
 have been taken to accomplish this. Until this is done, to abolish the school in 
 number eight would impose an undue hardship upon a large number of pupils. 
 
,38 SCHOOL LAW DECISIONS. 
 
 What are the conditions of the school as at present constituted? The report 
 -of the secretary put in evidence, shows that the school in number eight will 
 average with other subdistricts in the number of pupils enrolled; it is above the 
 average in daily attendance, and below the average in cost of tuition. The board 
 fails to show that reduced numbers render it expedient to abolish this subdistrict, 
 nor does it show that the township is excessively taxed to support its schools. 
 
 This department has already ruled that subdistrict lines, which have been 
 long established, embracing a territory having a sufficient number of pupils to 
 maintain a good school, should not be disturbed, unless it can be proved that the 
 .general school facilities of the township will be improved by the change. 
 
 The board does not show that there is any general benefit to be expected from 
 the proposed change of boundaries, nor does it prove that any existing necessity 
 makes it desirable. The board undoubtedly intended to act fairly toward all, 
 but we think it failed to properly consider all the circumstances involved in its 
 -action. The decision of the county superintendent is therefore AFFIRMED. 
 
 HENRY SABIN, 
 
 March 16, 1888. Superintendent of Public Instruction. 
 
 J. S. FOLSOM et al. v. DISTRICT TOWNSHIP OF CENTER. 
 Appeal from Cedar County. 
 
 REHEARING. To warrant a rehearing, some valid reason must be urged. 
 TESTIMONY. Sufficient latitude should be allowed in the introduction of testi- 
 mony to permit a full presentation of the issues involved, even if irrelevant 
 testimony is occasionally admitted. 
 
 SCHOOLHOUSE SITE. Every dwelling-house must be taken into account, as some 
 one entitled to school advantages may hereafter reside there. 
 SCHOOLHOUSE SITE. When it is the evident intention of the board to relocate 
 the site as near as possible in the center of the subdistrict, in order to furnish 
 equal school facilities to all the residents, its action should not be materially 
 interfered with. 
 
 The transcript in this case shows that on the 21st day of March, 1887, at a 
 meeting of the board, a committee was appointed to investigate the needs of sub- 
 district number two and report at the meeting* in September. It further shows 
 that on the 19th day of September, 1887, such committee reported, recommend- 
 ing that the new house be built for said subdistrict, to be located in the center of 
 the district. The report was received and the committee discharged. The 
 report was also upon motion, laid upon the table. 
 
 On the 19th day of March, 1888, at a meeting of the directors, the above report 
 was finally adopted and a building committee was appointed to confer with the 
 county superintendent in regard to plans and specifications. From this decision 
 -of the board Folsom et al. appealed to the county superintendent, and the case 
 was heard at Tipton on the 9th day of April, 1888. The records in the county 
 superintendent's office show that the appellee consented to the filing of an amend- 
 ment to the affidavit by appellant, and that the appellee filed a motion to modify 
 the decision of the board, and the trial then proceeded. On the llth day of April 
 the county superintendent filed a decision reversing the action of the board. On 
 the 17th day of April, 1888, a motion was filed for a rehearing, within the time 
 given by the county superintendent. On the 19th day of April, 1888, the motion 
 ior a rehearing was argued before the county superintendent and overruled. 
 From the decision of the county superintendent the board appealed to the super- 
 intendent of public instruction, and the whole case came up on a hearing before 
 him on the 5th day of June, 1888. 
 
 The first question to be decided is: Did the county superintendent err in over- 
 ruling the motion for a rehearing? A rehearing of such a case can be granted 
 only when it can be shown that some injustice has been done, or some mistake 
 has been made which can be corrected by a new trial; or when some additional 
 
SCHOOL LAW DECISIONS. 39 
 
 ^evidence has been discovered which is in favor of the party applying, but which 
 could not have been presented before by reasonable diligence. The affidavit upon 
 which the motion for a rehearing was based failed to show any such reasons. ' All 
 the main points alleged therein had already been ruled upon by the county super- 
 intendent, and we think she did not commit any error in overruling the motion. 
 'This also disposes of all the testimony sent up in support of the motion for a 
 ^rehearing, these affidavits will not be taken into account in the final decision. 
 
 It is not necessary here to determine the legal residence of William Busier. 
 His own testimony is that the distance from his residence to the site selected by 
 the board is one and one-fourth miles The fact that Mrs. Morgan does not desire 
 to send to school is not material. It is not the individual but the residence that 
 is to be considered. Some other person living at the same place may hereafter 
 desire school privileges. 
 
 We are now free to approach the main question upon which issue is joined. 
 The testimony shows that the directors desired to relocate the schoolhouse in 
 subdistrict number two in a more central location, no other reason is assigned for 
 the contemplated removal. There is nothing to show that the present site is 
 unsuitable, except that it does not well accommodate the pupils from the north- 
 ern part of the district. In this determination to relocate the site near the cen- 
 ter, there is no evidence of any abuse of discretion on the part of the board and 
 we think its action should not be interfered with. 
 
 There is, however, evidence which shows that the exact acre which the com- 
 mittee staked out is not a desirable site for a building. The board itself acknowl- 
 edges this in its amended order by which the site is removed ten rods north. 
 
 The county superintendent, in her decision, locates the site upon a piece of 
 ground known as the ' : grave-yard site." It is urged that the county superinten- 
 dent has only appellate jurisdiction, and must therefore confine her decision to 
 the two sites upon which the parties joined issue. She seems to have entertained 
 some such idea, as she sustained a motion to rule out all testimony in regard to 
 the unsuitableness of the grave-yard site when such evidence was offered in the 
 original trial. We think that such evidence should have been admitted. 
 
 In April, 1866, the Hon. O. Faville, then superintendent of public instruction, 
 obtained this opinion from Hon. F. E Bissell, then attorney-general: "The case 
 does not come before him (the county superintendent) merely to correct an error 
 of the board of directors, but to hear and decide the same matter that the board 
 had decided. The county superintendent is not limited to an affirmance or rever- 
 sal of the action of the board, but he determines the same question that the board 
 determined." See also John Clark v. District Township of Wayne, page 47, School 
 Law Decisions of 1876. 
 
 To this opinion the decisions of this department have always conformed. The 
 county superintendent therefore did not go beyond her jurisdiction in selecting a 
 site different from any which had been considered by the board. 
 
 We cannot see, however, that the grave-yard site has any advantage over the 
 old site. It is irregular in shape, and is about as far north of the center of the 
 subdistrict as the present site is south. In fact, its selection as a site for the new 
 building defeats the very end which the board had in view in its action locating 
 the site in the center of the subdistrict. 
 
 The case is remanded to the board, with instructions not to build upon the 
 site selected by the committee, but to select the best site possible within a dis- 
 tance not more than forty rods from the center of the site staked out by the com- 
 mittee; the south corner of said site, however, to be at least fifteen rods north of 
 the south corner of the committee's site; said site also to contain not less than an 
 acre, and to be as nearly square in form as the circumstances will admit. The 
 decision of the county superintendent is REVERSED. 
 
 HENRY SABIN, 
 
 June 7, 1888. Superintendent of Public Instigation. 
 
40 SCHOOL LAW DECISIONS. 
 
 P. O'CONNOR, JR., v. DISTRICT TOWNSHIP OF BADGER. 
 Appeal from Webster County. 
 
 JURISDICTION. In most matters with which boards have to do under the law, 
 their authority and responsibility are absolute, and their jurisdiction is complete 
 and exclusive. 
 
 JURISDICTION. A former order of the board, or a decision of the county superin- 
 tendent on appeal, will not operate to prevent the board from exercising its dis- 
 cretion anew, when good reasons exist for such action. 
 REHEARING. To obtain a rehearing the necessity must be clearly shown. 
 DISCRETIONARY ACTS. In the exercise of discretion, the benefit of every reason- 
 able doubt must be given in favor of the correctness of official acts. 
 APPEAL. The hearing is not to be conducted by a rigid adherence to the tech- 
 nical forms and customs which prevail in the courts. 
 
 At a special meeting of the board held February 10, 1888, it was voted to- 
 remove the schoolhouse in subdistrict number seven, forty rods north from its- 
 present site. P. O'Connor, Jr., appealed to the county superintendent, who heard 
 the case on the 23d day of April and affirmed the action of the board, P. 
 O'Connor, Jr., appeals. 
 
 The proceedings in this case are regular and the facts admitted by both 
 parties. The only point in dispute is this: On the 10th day of November, 1887 
 the county superintendent heard the same case and rendered his decision revers- 
 ing the action of the board. As the board did not see fit to appeal, and as no 
 material changes have taken place in the subdistrict, it is claimed that the 
 decision of the county superintendent rendered November 10, 1887, must be con- 
 sidered as final, and that no further proceedings can be had in the case. If this 
 allegation is true then the county superintendent committed error in not dismiss- 
 ing the case. 
 
 Let us examine it a moment, that we may arrive at the intent of the law. It 
 is plain that the law reposes great confidence in the discretionary acts of a board 
 of directors. The instructions from the department of public instruction to 
 county superintendents have always been that such discretionary acts are to be 
 affirmed unless it can be very clearly shown that the board has in some way 
 abused its powers; if there is a doubt even, the board is to have the benefit of it. 
 It has become a well established principle that the conduct of the schools and the 
 location of schoolhouses should be left with those officers who have the closest 
 relation to the people for whose benefit the schools are maintained. With this 
 principle this department is not willing to interfere. 
 
 Is it right, then, that in this present case because the county superintendent 
 reversed the board in November, 1887, it should be left without further remedy'/ 
 We think not. After its former action was reversed, the board had its choice of 
 three courses of action; it was bound to take the one which it believed to be for 
 the best interests of the subdistrict. 
 
 It could ask for a rehearing, but to obtain that it must be able to show that 
 some very grave mistake had been made, or that it had discovered some addi- 
 tional evidence which could not have been presented before by using reasonable 
 diligence. 
 
 It could appeal to the superintendent of public instruction, but in that event 
 it must base its case wholly upon the evidence as presented before the county 
 superintendent, as this department has no right to hear additional testimony. 
 
 It could begin the case de novo, amend its record if it was faulty, supply omis- 
 sions, introduce new testimony, and perfect its proceedings in such ways as to 
 obtain if possible a different decision from the county superintendent, or so as to 
 make a stronger case before the superintendent of public instruction if either 
 party found it necessary to appeal to him. 
 
 In this case the board chose the last remedy, and we think it was wise in doing 
 so, as the most ready manner of obtaining a final adjudication of the whole matter 
 
SCHOOL LAW DECISIONS. 41 
 
 After careful study of the authorities cited by counsel, we can only reach this 
 conclusion. If the aggrieved party fails to appeal within the thirty days allowed 
 by the law, the decision of the county superintendent becomes final as far as that 
 particular case is concerned; but we find nothing in the law to warrant the con- 
 clusion that a reversal by the county superintendent acts as a bar to any further 
 proceedings because the district board did not then and there take an appeal to. 
 the superintendent of public instruction. Such a conclusion would defeat the 
 ends aimed at by the law in placing the management of the schools in the hands 
 of the school officers as chosen by the people. The county superintendent and 
 the superintendent of public instruction, in hearing these appeal cases have the 
 jurisdiction somewhat, of a court of equity and are not bound by a rigid adher- 
 ence to the technical forms and customs which prevail in the courts of justice. 
 
 In reaching this conclusion we are supported by the case of Morgan v. Wilfley 
 et aZ., 70 Iowa, 338. "The power to redistrict and change subdistricts is conferred 
 upon the board by the statute, and action in that direction, for sufficient cause, 
 cannot be considered as unauthorized." The power to change or fix the school- 
 house site is conferred in the same manner. Further: "The board of directors 
 cannot be so fettered by its prior action, or by legal proceedings, that it may not, 
 at any time, for sufficient cause, redistrict the township, as in its best judgment 
 may be demanded by the interest of all the children of the district. ' ' The prin- 
 ciple here enunciated is so broad that it applies to all the actions of the board, 
 and it is not necessary to dwell upon it. 
 
 In regard to the merits of this case, there is nothing to be said. There is no 
 evidence to show that the board abused its authority, and consequently no reason 
 for setting its order aside. The decision of the superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 July 9, 1888. Superintendent of Public Instruction. 
 
 MICHAEL MELENEY v. DISTRICT TOWNSHIP OF ERIN. 
 Appeal from Hancock County* 
 
 DISCRETIONARY ACTS. May not be reversed unless the proof is conclusive. 
 The board must bear any blame that may attach to an inexpedient action. 
 APPEAL. An appellate tribunal may not assume original jurisdiction. The 
 order of the board must be affirmed unless it is proved beyond doubt that a 
 reversal is necessary. 
 
 DISCRETIONARY ACTS. The county superintendent, having only appellate juris- 
 diction, should not reverse discretionary acts of the board without explicit and 
 clearly stated proof of the abuse of such discretion, even though not fully approv- 
 ing its action. 
 
 The transcript in this case shows that on the 19th day of March, 1888, the 
 board voted to locate the new schoolhouse in subdistrict number six, as near the 
 corner of sections 3, 4, 9 and 10 as practicable. April 23, 1888, it voted to locate 
 the house on the southeast corner of the southwest quarter of section four. From 
 this decision Michael Meleney appealed to the county superintendent, who, after- 
 hearing evidence in the case, reversed the action of the board and relocated the 
 site for the new schoolhouse near the southeast corner of the northwest quarter of 
 section nine From this decision William Boldt appeals. 
 
 The law vests very large discretionary powers in the board. It is chosen by 
 the people for a specific purpose and is directly responsible to the people for the 
 manner in which it discharges its duties. Parties feeling themselves aggrieved 
 by the action of the directors have the right of appeal, but they must make it 
 plain that their grievance is something more than personal in its nature; that it 
 consists in some violation of the law, or some abuse of discretion on the part of 
 the directors, such as being actuated by selfish or improper motives or neglect- 
 ing to exercise due discretion in guarding the interests of the entire district. 
 
42 SCHOOL LAW DECISIONS. 
 
 The county superintendent, it is true, may determine whatever questions the 
 board had determined, but he is not to put himself in the place of the board, nor 
 is he to assume, except in extreme cases, the responsibility which belongs to it. 
 It is not expected that he will assume original jurisdiction and reverse its action 
 upon his individual judgment. He may even think that if he had been a member 
 of the board he would have voted differently from the majority, or that some 
 other course than that taken by the board would have been better for the 
 interests of the district, and yet feel compelled to affirm the action of the board. 
 He may not reverse its action unless it is proved beyond doubt that it violated 
 law or in some manner abused its discretion. If there is any doubt, the board is 
 to have the benefit of that doubt. 
 
 The township of Erin consists of five subdistricts. Three of the directors 
 voted to locate the new house in subdistrict number two, on the site in question, 
 and two favored a site one-half mile farther south. There was very little testi- 
 mony introduced in the trial before the county superintendent. While it is 
 evident that the site chosen by the majority of the directors is in some respects 
 not the most desirable for a schoolhouse site, it is uncertain whether there is any 
 better site in that neighborhood. There is nothing to show that the board has 
 violated any law or in any way abused its discretion. 
 
 The proceedings of the county superintendent in this case have been in all 
 respects in accordance with the requirements of the law, and he was undoubtedly 
 actuated by 'the best motives. We cannot however affirm his decision without 
 violating a well known rule of law and reversing the policy which this depart- 
 ment has followed without an exception. The decision of the county superin- 
 tendent is REVERSED. 
 
 HENRY SABIN, 
 
 September 17, 1888. Superintendent of Public Instruction. 
 
 SAMUEL WALKER v. J. S. CRAWFORD, COUNTY SUPERINTENDENT. 
 Appeal from Cass County. 
 
 CERTIFICATE. The county superintendent is his own judge as to how fully he 
 will give the applicant reasons for the refusal of a certificate. 
 CERTIFICATE. The county superintendent is charged with the responsibility of 
 refusing to issue a certificate to any person unless fully satisfied that the applicant 
 possesses the essential qualifications demanded of teachers by the law. 
 DISCRETIONARY ACTS. Unless a marked violation of the large discretion vested 
 in the county superintendent is proved clearly and conclusively, his action 
 in refusing or revoking a certificate will not be interfered with on appeal. 
 CERTIFICATE. The decision of a county superintendent refusing a certificate will 
 not be interfered with on appeal unless it appears that he acted from passion or 
 prejudice. 
 
 This case arises from the refusal of J. S. Crawford, county superintendent of 
 Cass county, to grant a certificate to Samuel Walker to teach in the schools of 
 said county. The case was reheard on the 1st day of December, 1888, by way of 
 appeal, the superintendent affirming his former decision. Samuel Walker appeals. 
 
 Section 1766 requires the county superintendent to examine each candidate 
 desiring to teach in the public schools of the county, in certain branches enu- 
 merated therein, with special reference to his competency and ability to teach 
 the same. But section 1767 still further directs that the county superintendent 
 must satisfy himself that the applicant possesses a good moral character and the 
 essential qualifications for governing and instructing children and youth. Here 
 then, are three distinct qualifications to be investigated and determined by the 
 county superintendent before he issues the certificate. My predecessor very 
 pointedly says in a written opinion on file in this office: "Under the law the 
 county superintendent must be satisfied that you (the candidate) possess all the 
 qualifications enumerated by the law." 
 
SCHOOL LAW DECISIONS. 48 
 
 In this case it is not claimed that the appellant is deficient in the branches 
 usually taught in the public schools. Neither is it charged that he does not 
 possess a good moral character. The only point in question is his ability to 
 instruct and govern children and youth. We confess that this is an exceedingly 
 difficult point to determine in many cases. The surest way undoubtedly is to 
 visit and inspect the school, but we think the county superintendent took the next 
 best way when he drew the candidate into a conversation and allowed him to 
 express himself freely and without reserve. Certain traits of character most essen- 
 tial to a teacher cannot be ascertained by a written examination alone. 
 
 At the time of the trial on appeal the county superintendent was placed on the 
 stand as a witness for the appellant. In the course of his testimony he made this 
 statement: "I refused Mr. Walker a certificate because I thought, and still 
 think, Mr. Walker did not have judgment, a well balanced mind, and common 
 sense, to teach a good school." It is not the duty of the superintendent of public 
 instruction to try this case de novo in order to determine the correctness of this 
 conclusion. We are not called upon to pass upon the fitness or unfitness of Mr. 
 Walker to teach in the schools of Cass county. 
 
 Did the county superintendent err, in that he was actuated by wrong motives? 
 If through passion or prejudice he refused Mr. Walker a certificate he did him 
 an injustice, and his decision should be reversed. The existence of such a 
 ruling motive would show itself somewhere in the evidence. We have read the 
 transcript several times with care, and we fail to find any disagreement existing 
 between the parties previous to, or at the time the appellant was first examined, 
 or that Mr. Crawford has spoken unkindly of Mr. Walker or shown a disposition 
 to injure him in any way. It was competent for the appellant to show clearly at 
 the trial that the county superintendent was prejudiced against him to such an 
 extent as not to do him justice, this he has failed to do by any reliable testimony. 
 The weight of the testimony is to the effect that the county superintendent was 
 endeavoring to do his duty as a school officer and in this the superintendent of 
 public instruction must sustain him. 
 
 The counsel for the appellant claims that the county superintendent erred in 
 not informing the applicant upon what grounds he refused him a certificate. The 
 testimony of Mr. Frost, from his long experience in the office of county superin- 
 tendent, has great weight. We agree with him that it is usually better to inform 
 the applicant frankly and fully why the certificate is refused, but cases may arise 
 in which it is as well not to do this. The law is silent upon this point , the county 
 superintendent must be his own judge of what it is best to do. We do not think 
 the refusal in this case is an error on the part of the county superintendent. 
 
 It is also alleged on the part of the appellant that "the county superintendent 
 made a wrongful decision upon the facts in the case." The appellant introduced 
 evidence to show that he had taught a fairly successful school, and that he was in 
 good repute as a teacher in his own neighborhood. All this was pertinent to the 
 question at issue, but if the conversation and actions of the appellant made such 
 an impression upon the mind of the county superintendent at the time of exam- 
 ination that this evidence even could not overcome it, the county superintendent 
 could not consistently do otherwise than as he did. 
 
 The discretion vested in the county superintendent by the law is very large, 
 and for this purpose, that he may guard the public schools against the intrusion 
 of persons unworthy or unfit for the office of teacher. The department of public 
 instruction cannot release him from his responsibility, nor can it interfere with 
 his discretionary acts except upon the clearest and most convincing proofs of vio- 
 lation of law, or of the influence of passion or prejudice in the performance of his 
 official duty. 
 
 The appellee, on the other hand, seems to argue that the actions of the county 
 superintendent, in refusing to grant a certificate, cannot be interfered with by 
 
44 SCHOOL LAW DECISIONS. 
 
 the superintendent of public instruction. In 1867, Hon. D. Franklin Wells, then 
 superintendent of public instruction, obtained an opinion from the attorney-gen- 
 eral of the state, Hon. F. E. Bissell, upon this point. The following extract from 
 that opinion is answer to each of the claims just considered: "Chapter 52, laws 
 of the tenth general assembly, provides that the superintendent of public instruc- 
 tion shall be charged with the supervision of all the county superintendents, and 
 shall determine all cases appealed from the decision of the county superintendent, 
 I hold that under the above provisions, the right of appeal is clearly inferrable, 
 if not directly given to any one aggrieved by the refusal of the county superin- 
 tendent to give P certificate, or by the revocation of a certificate. The power 
 should, however, be very cautiously exercised and the decision of the county 
 superintendent should not be interfered with except in case of a clear violation 
 of duty, or when the act was the clear result of passion or prejudice." 
 
 After a careful review of the testimony and the able arguments submitted to 
 us, we do not find sufficient reason for reversing the decision made heretofore. 
 
 AFFIRMED. 
 HENRY SABIN, 
 
 February 4, 1889. Superintendent of Public Instmtction. 
 
 PERRY HODGE v. R. B. YOUNG, COUNTY SUPERINTENDENT 
 Appeal from Dickinson County 
 
 APPEAL. An appeal will lie to determine conclusively whether the provisions of 
 the law have been complied with. 
 
 TERRITORY. When a transfer is sought, no appeal will lie to control the discre- 
 tion of the county superintendent or board. 
 
 TRANSFER. The natural obstacle must be impassable to such a degree as to 
 remain an actual impediment to attendance. 
 
 On the 18th day of February, 1889, R. B. Young, county superintendent of 
 Dickinson county, issued an order that the S. E. quarter and also the N. E. quar- 
 ter of Sec. 24, 99, 36, Center Grove township, should be set off to Richland town- 
 ship, for school purposes under section 1797. Perry Hodge appeals from this order. 
 
 It is also in evidence that the board of the district affected gave its consent to 
 the transfer of territory. As this is a case in which the county superintendent 
 has original jurisdiction to act with the board of the district affected, no appeal 
 will lie from his action to control his discretion. It is competent, however, for 
 the superintendent of public instruction to entertain an appeal for the purpose of 
 ascertaining whether the provisions of section 1797 apply. If there is clear evi- 
 dence that the provisions of said section do not apply, the order of the county 
 superintendent must be set aside. There seems to be clear proof that such a 
 natural obstacle as the law contemplates, does not exist in this case. There are 
 in evidence the affidavits of certain parties who claim to be well acquainted with 
 the territory transferred by said order, to the effect that the slough in question 
 is by no means impassable to such a degree as to act as an obstacle to children 
 attending school in Center Grove township, in the meaning contemplated by the 
 law. It is held that there is no power under section 1797, to transfer said terri- 
 tory. The order of the county superintendent, dated February 18, 1889, is there- 
 fore declared void and REVERSED. 
 
 HENRY SABIN. 
 
 May 18, 1889. Superintendent of Public Instruction. 
 
 G. W. DAVIS et al. v. DISTRICT TOWNSHIP OF LINN. 
 Appeal from Linn County. 
 
 APPEAL. Will not lie to control the action of a board or of the county superin- 
 tendent, where concurrence is provided for. 
 
SCHOOL LAW DECISIONS. 45 
 
 TUITION. To enable the district in which the children reside to collect tuition, 
 all the requirements of the law must first be fulfilled. 
 
 At its regular meeting on the 18th of March, 1889, the board passed a resolu- 
 tion excluding from the privileges of the school in subdistrict number seven, 
 children from the independent district of Laurel Hill in Jones county who had 
 from time to time for many years, been allowed to attend the school in said sub- 
 district number seven. On the 13th of April the board considered a petition of 
 parties in the adjoining district of Laurel Hill desiring to send to the school in 
 Linn township, and passed an order refusing to admit their scholars. From this 
 action, G. W. Davis and others appealed to the county superintendent who heard 
 the case on the 9th of May, affirming the order of the board From his decision 
 G. W Davis appeals. 
 
 The attendance of scholars living in an adjoining district is governed by 
 section 1793. By the portion of the section to which this appeal relates, children 
 may attend in another district on such terms as may be agreed upon by the 
 respective boards. In the history of this case it is not shown that any action was 
 taken by the board of Laurel Hill as to agreement regarding terms of attendance 
 The board of the district township of Linn refused to admit the scholars in 
 question. It is from this order, an initial action, that appeal was taken. 
 
 At the trial before the county superintendent a statement of facts was sub- 
 mitted and was agreed to by both parties to the appeal, as a basis upon which 
 the appeal should be heard. At this point the board by its attorney filed a 
 demurrer, urging that the county superintendent could not acquire jurisdiction; 
 that the action of the board complained of was not subject to revision upon appeal; 
 and asking the county superintendent to dismiss the case for want of jurisdiction. 
 The demurrer was overruled, the case was tried on the agreed statement of facts, 
 and the order of the board affirmed. Did the county superintendent err in over- 
 ruling the motion to dismiss the case for want of jurisdiction? We think he did. 
 
 If the boards fail to agree upon terms of attendance, certain conditions regard- 
 ing distance from the respective schools being fulfilled, as they are in this case, 
 section 1793 itself provides the next step to be taken. The county superintendent 
 of the county in which the children, reside may give his consent with that of the 
 board of the district where the children desire to attend, admitting them. But 
 from the refusal of the board to admit the children it is held and has been uni- 
 formly held in opinions by this department, that appeal will not lie It has 
 always been conceded to be the intention of the lawmakers to leave with the 
 board of the district in which the school is maintained, the matter of determining 
 finally and conclusively, if it chooses, that scholars shall not be admitted under 
 the provisions of section 1793. If its consent is withheld, neither the courts of 
 law nor any appellate tribunal may set aside its order of refusal, and compel it to 
 admit outsiders and accept as compensation for their instruction the amounts 
 fixed by section 1793. We haye referred to this matter at such length, because 
 the counsel for the appellant urges the claim that the case should be remanded 
 for a new trial. 
 
 We are compelled to find that there are but two methods in law, by which 
 attendance in subdistrict number seven may be secured for their children by 
 the appellants. The two boards may agree as to the terms of attendance. Or 
 after they have refused to agree the concurrent consent of the county superin- 
 tendent of Jones county and the board of the district township of Linn, will entitle 
 the children to attendance and bind their home district for the expenses of their 
 instruction in the manner provided by section 1793. But appeal will not lie to 
 control the action of either board, or of the county superintendent. 
 
 REVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 August 6, 1889. Superintendent of Public Instruction. 
 
46 SCHOOL LAW DECISIONS. 
 
 J. S. FOLSOM et al v. DISTRICT TOWNSHIP OF CENTER. 
 
 Appeal from Cedar County. 
 MODIFICATION OF DECISION. 
 
 APPEAL. A decision may be modified upon proof that a change in its terms is 
 desirable. 
 
 The decision given in the above entitled appeal, dated June 7, 1888, is hereby 
 modified as follows: 
 
 We are assured that the provisions of the decision have been complied with, 
 the site having been located and the schoolhouse built thereon in strict con- 
 formity with the terms of the decision. It is now desired by all parties to change 
 the form of the site, slightly. Our decision referred to above is therefore modi- 
 fied so that the site may extend about eighteen rods south of the limitation made 
 by the former decision, and shall be about twenty-two rods long, six rods wide 
 at the south end, and nine rods wide at the north end. 
 
 HENRY SABIN, 
 
 December 30, 1889. Superintendent of Public Instruction. 
 
 ISHAM WATKINS v. INDEPENDENT DISTRICT OF EMPIRE. 
 Appeal from Marion County. 
 
 APPEAL. An appeal will not lie from an order of a board initiating a change in 
 boundaries, where the concurrence of the board of an adjoining district is neces- 
 sary to effect the change. 
 
 APPEAL. Where changes are effected in district boundaries by the concurrent 
 action of two boards, appeal may be taken from the order of the board concurring 
 or refusing to concur, but not from the order of the board taking action first. 
 JURISDICTION. The jurisdiction of an appellate tribunal is not greater than that 
 of the board from whose action the appeal is taken. 
 
 On the 16th of September, 1889, the board of the independent district of High- 
 land determined to notify Isham Watkins of Empire district, that his children 
 could not any longer attend the school in Highland district. The records show 
 that it was willing that he should be attached to Highland district. This was 
 taken as an initiatory movement. Isham Watkins petitioned the board of the 
 Empire district to set off the north half of northeast quarter of section 25, 75, 21, 
 to the independent district of Highland. The petition was rejected, in effect the 
 Empire board refused to concur. An appeal was taken to the county superin- 
 tendent, who ordered that the northeast quarter of northeast quarter of section 
 25, be detached from the independent district of Empire and attached to the 
 independent district of Highland. 
 
 Of the several questions involved in this case it is necessary to discuss only 
 one. Did the county superintendent exceed his jurisdiction? The board of 
 Highland initiated an action. The board of Empire district must either concur 
 or nonconcur, and from its action an appeal could be taken. If it did not choose 
 to accede to the proposition of the Highland district, then action in that par- 
 ticular ended with its vote to nonconcur. If it had a different proposition to make, 
 as for instance granting forty acres, it could only initiate a movement to that 
 effect, and leave it for Highland district to act, and from the action of the latter 
 board an appeal could then be taken. 
 
 In this case the county superintendent initiates a new action, and leaves it for 
 Highland district to act. Now if this action is allowed to stand, any one aggrieved 
 may take an appeal from the action of the board of the Highland district. He 
 would then have an appeal brought before the county superintendent from an 
 action which he himself initiated. It might be further argued that if the county 
 superintendent has original jurisdiction, then this appeal cannot lie, as an appeal 
 
SCHOOL LAW DECISIONS. 47 
 
 can be taken only from the order of the board completing the action. The prec- 
 edents established have been followed closely by this department and we can see 
 no reason for breaking away from them. 
 
 It is held that in cases requiring- the concurrent action of two boards, the 
 board completing the action can only concur or nonconcur. Any action involving 
 a new proposition initiates a new case, which must be passed upon by the other 
 board concerned in the matter and from which an appeal can be taken. It is 
 further held that the county superintendent upon appeal is limited to reversing 
 or affirming the action of the board completing the action, and that he cannot 
 assume original jurisdiction and do what the board appealed from could not do. 
 
 It seems apparent that Mr. Watkins has not reasonably good school facilities 
 and we regret that we are compelled to set aside the decision of the county super- 
 intendent. He was actuated by laudable motives and was looking for the best 
 interests of the children in this case. We are, however, forced to the conclusion 
 that the county superintentent erred in assuming original jurisdiction. 
 
 REVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 March 18, 1890. Superintendent of Public Instruction. 
 
 ROBERT MAXWELL v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Union County. 
 
 PROCEEDINGS. The regularity of all the proceedings will be presumed upon. 
 
 This is true in an especial sense when the records are more than usually complete. 
 
 TEACHER. In the trial of a teacher the board is bound carefully to protect the 
 
 interests of the district and to seek the welfare of the school, as well as to regard 
 
 the rights guaranteed to the teacher. 
 
 NOTICE. Appearance at the trial is a complete waiver of notice. 
 
 RECORDS. The record of the secretary must be considered as evidence, unless 
 
 there is proof of fraud or falsehood. 
 
 On the 9th day of December, 1889, the secretary acting upon a petition signed 
 by five residents, called a meeting of the board for December 14, to examine the 
 teacher of subdistrict number -eight. A notice was also served upon the teacher 
 the same date, signed by secretary, both the call and the notice being spread 
 upon the records in due form. The meeting was held on the 14th of December. 
 The records show that the appellant was present and objected to the considera- 
 tion of the charges, as the proceedings were not in accordance with section 1734,, 
 At the same time he demanded a copy of the charges and that one week be given 
 him in which to prepare his defense, which demand was complied with and the 
 board adjourned to December 21. 
 
 If the appellant had moved to dismiss the case, it would not have been an error 
 to sustain the motion, but he submitted to the jurisdiction of the board and obtained 
 a continuance of the case until December 21 It must be held that by this action 
 he waived any defect or irregularity in the jurisdiction of the board in this case 
 The purpose and object of the process, as pointed out in section 1734, was fully 
 accomplished. See Wilgus et al., v. Gettings et oil., 19 Iowa, page 82 At the meet- 
 ing held December 21, the board voted to discharge the teacher. An appeal was 
 taken to the county superintendent who affirmed the board. The appellant 
 appeals to the superintendent of public instruction. 
 
 The only question before the county superintendent was whether the condi- 
 tions as prescribed in section 1734 were fully complied with. It is alleged that 
 while the teacher was present, he was not allowed to make his defense. The 
 secretary's transcript furnishes the only means of determining this. The records 
 show that he was allowed to cross-examine witnesses, and they do not show that he 
 was barred from offering evidence had he chosen to do so. There can be no ques- 
 tion of the power of the board under the law to discharge the teacher. It is held 
 
48 SCHOOL LAW DECISIONS. 
 
 in case of Kirkpatrick v. Independent District of Liberty, 53 Iowa, 585, that the board 
 does not act as a court, in any strict sense, and is not bound by the rules applicable 
 to a court. The intent of the statute is evidently, while it guards carefully the 
 rights of the teacher, to enable the board to discharge a teacher who, after a 
 careful investigation, is determined to be unfit for the position. It is termed "a 
 simple and inexpensive way of determining rights " It is claimed by the counsel 
 for the appellant that when a certain mode is prescribed in determining a case 
 not in the usual course of the common law, such mode must be followed, and 
 reference is made to the case of Cooper v. Sunderland, 3 Iowa, 125 But it is held 
 in the same case that when sufficient appears on the face of the records to give it 
 jurisdiction under the law conferring the power, then the presumption attaches 
 in favor of the remainder of the proceedings of the court If the action of the 
 appellant in appearing for trial gave the board jurisdiction, then all the proceed - 
 ings must be held to be regular The discharge of a teacher is largely within the 
 discretionary power of the board. It is to guard the rights of the district and the 
 interests of the school, as well as the rights of the teacher. After a full and fair 
 investigation it is its duty to act as it deems best, under all the conditions and 
 circumstances of the case. See Smith v. District Township of Knox, 42 Iowa, 522. 
 This being the case it is the duty of the county superintendent not to interfere 
 with the action of the board unless he is convinced that it in some way abused its 
 discretion. He is right in sustaining the board even though as an individual he 
 would have preferred some other action on its part. 
 
 Our conclusion is, after a careful consideration of the matter and after read- 
 ing the transcript with unusual care, that the defendant had a fair and impartial 
 trial, and that the terms of the law were substantially complied with. The 
 decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 June 12, 1890. Superintendent of Public Instruction. 
 
 KELLEY AND SMITH v. DISTRICT TOWNSHIP OF EDEN. 
 Appeal from Decatur County. 
 
 BOARD OF DIRECTORS. After sucli a decision as prevents any action of the board 
 until some material change occurs, in order that the board may act anew changes 
 of such a character as to obviate to a large extent the objections that previously 
 existed, must have taken place. 
 
 The main points in this case are simply these: On the 8th day of February. 
 1890, the board voted to abolish subdistrict number eight. Appeal was taken to 
 the county superintendent, who reversed the action of the board An appeal was 
 then taken to the superintendent of public instruction. 
 
 This department has held that when a case involving a change of subdistrict 
 boundaries has been adjudicated by the county superintendent, reversing the 
 action of the board, and has been affirmed when brought before the superintendent 
 of public instruction, upon appeal, it cannot again be brought upon appeal, unless 
 it can be shown that some material change affecting the conditions of the case 
 has taken place since the date of the former decision It is proper to say that 
 this holding is based upon opinions uniformly given by the former superintendents 
 of public instruction, and on file in this office 
 
 As this case was substantially before this department in March, 1888, it is first 
 in order to determine whether any material change has taken place affecting the 
 conditions of the case, since that date. By a material change we mean such a 
 change as would obviate to a large extent the objections raised against the action 
 of the board at that time. 
 
 The erection of the bridge over Little river does not, according to the testi- 
 mony,, lessen the difficulty of attending school on the part of certain scholars, as 
 
SCHOOL LAW DECISIONS. 49 
 
 t<he bottom land is impassable during high water. There has been no decrease in 
 the number of pupils which renders it expedient to abolish subdistrict number 
 eight. The taxes in Eden township for school purposes are not in excess of what 
 they were in 1888. 
 
 We are unable to find, after carefully reading the testimony, that there has 
 been any material change affecting this case since our decision rendered March 
 16, 1888. This conclusion renders it unnecessary to examine other points raised 
 by counsel. AFFIRMED AND DISMISSED. 
 
 HENRY SABIN, 
 
 June 23, 1890. Superintendent of Public Instruction. 
 
 MICHAEL DONELON v. DISTRICT TOWNSHIP OF KNIEST. 
 Appeal from Carroll County. 
 
 SUBDISTRICT BOUNDARIES. The boundaries of subdistricts may be changed or 
 now subdistricts formed, only at the regular meeting of the board in September, 
 or at a special meeting held before the following March. 
 
 On the 24th of March, 1890, the board made an order changing the boundary 
 between subdistricts four and five. Michael Donelon, residing upon the territory 
 transferred, appealed to the county superintendent, who on the 14th of April 
 affirmed the order of the board, and from his decision Mr. Donelon appeals. 
 
 The action of the board called in question was taken under section 1796, the 
 first of which section reads: "The board of directors shall, at their regular meet- 
 ing in September, or at any special meeting called thereafter for that purpose, 
 divide their township into subdistricts, etc." It has been continuously lield by 
 this department ever since the enactment of the provision of law quoted above, 
 that as changes in the subdistrict boundaries under section 1796 do not take effect 
 until the following subdistrict election, it is therefore the manifest intention of 
 the law as indicated in the reading of the portion of section 1796 we have quoted, 
 that said changes should be ordered at the regular meeting of the board in 
 September, or at a specially called meeting held long enough before the sub- 
 district election to allow time for notices to be given for the election of subdirect- 
 ors, and that the law does not give the board power to change subdistrict bound- 
 aries between March and September, but only between September and March. If 
 this is the meaning of the law it is decisive of this case, and we shall be com- 
 pelled to dismiss the case for want of jurisdiction. 
 
 A careful examination of the question leads us to the same conclusions uni- 
 formly announced by our predecessors. We are able in no other way to explain 
 the wording of the section. It seems plain that the law intends to impose the 
 limitation upon the board so clearly indicated by the phraseology of section 1796. 
 Attention is invited to the decisions found on pages 25, 26 and 63, School Law 
 Decisions of 1876. It is also worthy of notice that this principle has been con- 
 sidered to be so fully established in practice and so well understood, that cases 
 referring to the universally admitted fact have been omitted from the three com- 
 pilations of decisions made since 1876. This case is the first appeal for many 
 years past reviving the question. 
 
 We are aware that the case in 70 Iowa, 338, may be urged as affording oppor- 
 tunity for a different view than the one taken by us. . But it must be observed 
 that the matter at issue in that case is whether the board has power to exercise 
 its discretion in so full and complete a manner as to dispense entirely with a new 
 subdistrict recently created by a former board, and thus by a single order opposite 
 in intention to nullify all that had been done previously in regard to change of 
 boundaries. It was urged that the board does not have such power after the sub- 
 district has acquired a legal existence. The effect of the decision is to establish 
 the power of the board to exercise its fullest discretion in determining the 
 
50 SCHOOL LAW DECISIONS. 
 
 necessity for change of boundaries, subject to the remedy of appeal. We cannot 
 interpret the decision as setting aside that provision of 1796 which directs that 
 such changes in boundaries shall be made at the regular meeting of the board in 
 September, or at a special meeting thereafter, obviously not to be held later than 
 the first Monday in March. 
 
 It is apparent then that the action of the board complained of in this case was 
 not in accordance with law, and hence was null and void. It is fortunate that the 
 board has an opportunity within a few weeks to take such action as may then seem 
 to it for the best interests of the district and all concerned. 
 
 REVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 August 23, 1890. Superintendent of Public Instruction. 
 
 E. J. HOSKINS et al. v. DISTRICT TOWNSHIP OF LINCOLN. 
 Appeal from Shelby County. 
 
 DISCRETIONARY ACTS. The appellate tribunal is required to decide only whether 
 the action complained of in the affidavit of appeal is proved to be of such a nature 
 as to compel a reversal of such action. 
 
 APPEAL. It is not intended that the superintendent of public instruction shall 
 hear an appeal case de novo. He is confined to the record of the case as heard 
 before the county superintendent. 
 
 APPEAL. ^ It is not the purpose of an appeal to secure a decision as to which of 
 two sites is preferable, or as to whether a better site might not have been found. 
 If the site chosen is proved to be unsuitable, or an abuse of discretionary power is 
 clearly shown, then the order of the board may be set aside, but not otherwise. 
 DISCRETIONARY ACTS.. Since the board has original jurisdiction, its discretion- 
 ary acts should not be interfered with by an appellate tribunal, although not 
 agreeing with its judgment, unless the board violated law, showed prejudice or 
 malice, or abused its discretion in such manner as to require interference 
 
 On May 19, 1890, the directors passed an order locating the schoolhouse site in 
 subdistrict number seven, in the northwest corner of section 36. From this order 
 E. J. Hoskins appealed to the county superintendent, who affirmed the action of 
 the board. Appeal was then taken to the superintendent of public instruction. 
 
 Exclusive power to locate schoolhouse sites is vested in the board. Such power 
 is nowhere given to the county superintendent. The only limitations imposed 
 upon the board are that it shall observe the geographical position and the con- 
 venience of the people. If any one is aggrieved by the action of the board he may 
 appeal to the county superintendent, who has the power after a hearing of the 
 case to reverse its action, provided he is satisfied beyond a reasonable doubt that 
 it has violated law, or abused its discretion in some way, as by choosing a site too 
 far from the geographical center or one not convenient to the people. 
 
 It is not claimed in the present case that the board violated law in any way. 
 The difference between the two sites in question is only eighty rods and there is 
 no preponderance of evidence to show that one is much more suited to the con- 
 venience of the people than the other. It is not the intention of the law that the 
 oounty superintendent should place his private judgment over against the judg- 
 ment of the board. His duty is to determine whether the grievance complained 
 of in the affidavit is proved to be of such a nature as to warrant him in interfering 
 with the action of the board. His own opinion that some other course of action 
 would have been better should not be allowed to bias his decision. The counse? 
 for appellants urged at the trial before the superintendent of public instruction 
 that they could not get a trial of facts before the county superintendent; they 
 desired him to ascertain which of the two sites is more preferable as a site for a 
 building, and to base his decision upon that alone. The affidavit upon which the 
 case was tried before the county superintendent alleges in substance that the site 
 chosen by the board is for various reasons unsuitable for school purposes. The 
 
SCHOOL LAW DECISIONS. 51 
 
 issue was joined upon this fact, and the county superintendent in his decision 
 finds that while the site contended for by the appellants is in some respects the 
 better of the two, the one selected by the board is not unsuitable for school pur- 
 poses and constitutes what he considers a fair average site. Under such con- 
 ditions he very properly affirmed the action of the board. 
 
 The counsel for appellant places great stress upon the decision of the supreme 
 court in the case of Atkinson et ctl. v. Hutchinson et aL, 68 Iowa, 161, to prove that 
 the superintendent of public instruction is not of necessity confined to the exact 
 record made before the county superintendent, but that his decision should be 
 based upon all essential, existing facts. It is supposed that such facts are brought 
 out upon trial before the county superintendent and appear in the transcript of 
 evidence sent up with the case. If between the time of trial before the county 
 superintendent and the trial before the superintendent of public instruction some 
 essential evidence comes to light which could not from its nature have been 
 known at the time of the trial before the county superintendent, it would perhaps 
 be proper for the superintendent of public instruction to take it into consider- 
 ation before rendering his decision. In the case cited, at that time before the 
 supreme court, it was contended that certain unusual changes took place prior to- 
 the hearing before the superintendent of public instruction, which affected very 
 materially the condition of affairs. The court in rendering its decision took it 
 for granted that these changes were known to the superintendent of public 
 instruction at the time he decided the case. If the supreme court had intended 
 to convey the idea that it is the province of the superintendent of public instruc- 
 tion to hear the case de novo in the usual acceptation of that term, it would hardly 
 have said that the legislature designed to provide an inexpensive and summary 
 way of disposing of these questions when it afforded aggrieved parties the right of 
 appeal. Indeed if the superintendent of public instruction had the power to dis- 
 card the trial before the county superintendent, and to send for witnesses and 
 papers from remote sections of the state, as would be necessary in hearing these 
 cases de novo, this would prove the most expensive and tedious way of disposing- 
 of these questions which it would be possible to devise. 
 
 The decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 October 9, 1890. Superintendent of PulMc Instruction. 
 
 HEFFERN AND VAN PATTER v. DISTRICT TOWNSHIP OF TIPTON. 
 Appeal from Hardin County. 
 
 SCHOOLHOUSE TAXES. The board may not refuse to expend schoolhouse funds 
 for the purpose for which they were voted. 
 
 MANDAMUS. To compel the performance of an official duty not involving the 
 exercise of discretion, a writ of mandamus is a speedy remedy. 
 
 The affidavit in this case recites in effect that at their meeting in March, 1889, 
 the electors of subdistrict number one voted a tax of two hundred dollars on them- 
 selves to purchase a site near the center of the subdistrict, remove the school- 
 house, and procure a highway to the same. At its meeting March 17, 1890, the 
 board voted to lay on the table a petition asking for immediate action. The 
 superintendent affirmed the action of the board. Heffern and Van Patter appeal. 
 
 There is no doubt as to the facts in this case. The tax of two hundred dollars 
 was voted, was levied by the supervisors, and part of it has been collected and is 
 now in the hands of the district treasurer In such a case there is no provision 
 of law by which the board may be excused from expending the money for the 
 purposes for which it was levied. This duty is not discretionary but mandatory. 
 The board, however, is entitled to a reasonable length of time, and may use its 
 discretion as to the best and most economical way of expending the money 
 
52 SCHOOL LAW DECISIONS. 
 
 provided they regard strictly the purpose for which it was raised. It does not 
 appear that the board in laying the petition upon the table was actuated by any 
 desire to delay action unreasonably or to defeat the wishes of the electors. The 
 board has also a large discretion when determining the location of a highway. 
 
 We are disposed after a careful consideration of this case to remand it to the 
 county superintendent, to be by her remanded to the board with instructions that 
 it proceed at the earliest date possible to carry out in good faith the wishes of the 
 electors of subdistrict number one. If it fails to do this the most speedy remedy 
 for any one aggrieved is an application to the court for a writ compelling the 
 board to act. AFFIRMED AND REMANDED. 
 
 HENRY SABIN, 
 
 March 24, 1891. Superintendent of Public Instruction. 
 
 ELISHA AND ELDA TANNER v. INDEPENDENT DISTRICT OF CLARENCE. 
 Appeal from Cedar County. 
 
 AFFIDAVIT. A technical error in the affidavit not prejudicial to either party 
 
 will not defeat the appeal. 
 
 AFFIDAVIT. The affidavit may be amended when such action is not prejudicial 
 
 to the rights of any one interested. 
 
 SCHOOL PRIVILEGES. The law is to be construed in the interest of the child. 
 
 The actual residence of the scholar at the time will establish the right to attend 
 
 school free of tuition. 
 
 The board excluded Elda Tanner from school until such time as her tuition is 
 paid, on the ground that she is a non-resident pupil. The county superintendent 
 on appeal reversed the action of the board and appeal was taken to the superintend- 
 ent of public instruction. It was claimed before the county superintendent that 
 inasmuch as the affidavit upon which the appeal was based was without the seal 
 of the notary public, that there were no grounds upon which the appeal could be 
 legally based. While it is true that the notarial seal is necessary to constitute 
 an affidavit, in this case the notary public was present at the time of trial and 
 under oath testified that the omission of the seal was only an oversight on his 
 part, and that the persons therein designated did make oath to the paper and affix 
 their signatures to it in his presence, then he also there affixed the notarial seal. 
 It is held that since no interests were prejudiced by the error which at the best 
 was only technical, that the county superintendent did not commit an error in 
 overruling the motion to dismiss the case. 
 
 The allegation of facts made by Elda Tanner are that she is sixteen years of 
 age, that her father and mother have parted, and that for ten years or more she 
 made her home -in the family of Mrs. McCartney in Massilon township. Before 
 she came to Clarence she had an understanding with her father that she was to 
 care for herself thereafter. She also claims that being thus emancipated from 
 her father's control, she chose to become a resident of Clarence, and as an actual 
 resident of that school district is entitled to the privileges of school under the 
 provisions of section 1794. 
 
 It is of interest to ascertain how far such an agreement constitutes emancipa- 
 tion of a minor child. It is held in 1 Iowa, 356, that in the absence of statutory 
 requirements such emancipation need not be evidenced by any formal or record 
 act, but may be proved like any other fact. The evidence of Elda Tanner in this 
 case is corroborated by that of her father, and of Mrs. McCartney who was pres- 
 ent during the conversation. We are disposed to hold that Elda Tanner under 
 the facts as sworn to before the county superintendent was at liberty to choose 
 such a place of residence as seemed to her most fitting. The evident and benefi- 
 cent intent of the law is that no child shall be deprived of school privileges. 
 The father of a family may move into the district from an adjoining state, and 
 
SCHOOL LAW DECISIONS. 53 
 
 although certain time must elapse before he is entitled to vote he may place his 
 children in school the very day he arrives. In the same spirit it has been held 
 that children living in families in which their work compensates for their board, 
 are actual residents and are entitled to school privileges. The law is to be con- 
 strued in their interests. The district is entitled to have such children enumer- 
 ated, if they are thus actual residents at the time the school census is taken. We 
 do not undertake to decide that parents or guardians can transfer children from 
 one district to another for school purposes alone, but only that those who are 
 actual residents under the provisions of the law may attend school without the 
 payment of tuition. While it is true in general that the residence of a child is 
 the same as that of the parents or guardian, the law evidently contemplates 
 exceptions to this general rule and leaves the right to attend school to be estab- 
 lished by the actual residence of the child. Any other construction would not be 
 in accordance with the spirit of the law, and would deprive many children of the 
 right to attend the public schools. 
 
 In this case the question of residence is largely one of intent. The testimony 
 of Elda Tanner is to the effect that she was at the time of attendance an actual 
 resident of Clarence, and had no other residence. It was competent for the board 
 to disprove this, but we do not find the evidence to that effect conclusive 
 
 It is held that the board erred in excluding Elda Tanner from school and the 
 decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 April 24, 1891. Superintendent of Public Instruction. 
 
 J, C. REED et al. v. DISTRICT TOWNSHIP OF EAGLE. 
 Appeal from Sioux County. 
 
 SUBDISTRICTS. The board should be encouraged in forecasting a general plan 
 looking toward an ultimate regularity in the form of subdistricts. 
 SCHOOL-HOUSE, There is no limitation in law as to the number of scholars to be 
 accommodated, in order that the board may provide a schoolhouse. 
 SUBDISTRICTS Should be, if possible, compact and regular in form In well 
 populated district townships, two miles square is considered a desirable area for 
 each subdistrict. 
 
 SUBDISTRICTS. It is very important that subdistricts should be regular in form, 
 and that where it is possible, schoolhouses should be located at or near geograph- 
 ical centers. 
 
 BOUNDARIES In the determination of district and subdistrict boundaries, 
 temporary expenditures and individual convenience should be subordinated to the 
 more important considerations relating to simplicity of outline, compactness of 
 shape, uniformity of size, and permanence of sites and boundaries. 
 
 The above named district township coincides with a congressional township 
 and consists of a single subdistrict. Portions of the district are yet sparsely 
 settled. The board seems to have projected a plan to so locate schoolhouses 
 when they must be supplied; that ultimately the townshit) shall have nine sub- 
 districts each of four sections. 
 
 On the 16th of March the board ordered a schooihouse built at the center of 
 the square of four sections in the southeastern corner of the township. From this 
 action J. C. Reed appealed to the county superintendent who affirmed the order 
 of the board. From this decision Mr. Reed appeals. 
 
 It was urged before the county superintendent that the board was' prevented 
 by the law from building a schoolhouse for the accommodation of a less number 
 than fifteen of school age. The question now to be determined is whether the 
 county superintendent erred in affirming the order of the board. 
 
 The board seemed to have outlined a policy of regarding each four sections as 
 a separate division, to be provided with school advantages by itself. So far as 
 
54 SCHOOL LAW DECISIONS. 
 
 forecasting- the probable form of subdistricts to be created in the future, we think 
 the board might be guided in the location of schoolhouses at the present time by 
 such policy, in order that ultimately each subdistrict will have the form desired 
 and each schoolhouse will be located so as best to accommodate all patrons. 
 
 But while matters are in this progressive condition, we think the law does not 
 confer power upon the board to apply the limitations of section 1725, and decide 
 that until fifteen of school age are to be accommodated by the schoolhouse to be 
 built no house may be erected. In this case for instance there is but one single 
 subdistrict. The board may create other subdistricts provided fifteen of school 
 age are included within the boundaries of each one so formed. But the board is 
 not prevented from building more than one schoolhouse in any subdistrict. See 
 69 Iowa, 533. In the absence of specific instructions in connection with the voting 
 of the taxes by the electors, the board is empowered to locate sites where in its 
 judgment a schoolhouse seems to be most demanded. 
 
 We are unable to find from the evidence any reason to disturb the finding of 
 the county superintendent and his decision is therefore AFFIRMED. 
 
 HENRY SABTN, 
 
 July 3, 1891. Superintendent of Public Instruction. 
 
 E, A. SHEAFE v. INDEPENDENT DISTRICT OF CENTER. 
 Appeal from Wapello County. 
 
 TEACHER. As an employe of the district the teacher may justly claim and expect 
 to receive, the official assistance and advice of the board. 
 
 TEACHER. The law insures the teacher a fair and impartial trial, before he may 
 be discharged. 
 
 The history of this case presents nothing unusual. The board voted to dis- 
 charge the teacher upon certain preferred charges. The teacher appealed to the 
 superintendent, who reversed the action of the board. The board appeals. 
 
 Section 1757 sets forth plainly the nature of the contract which is the evidence 
 of agreement between the board acting for the district as one party, and the 
 teacher as the other party. Section 1734 prescribes the only method by which 
 the board may terminate the contract in advance or discharge the teacher. 
 Both parties are equally bound by this contract, and as the board is a continuous 
 body the election of an entire new board does not change the relations of the 
 contracting parties. But inasmuch as the directors also act as judges whose duty 
 it is to decide whether the contract shall be terminated, being themselves parties 
 to the contract, it becomes them to weigh the evidence in the case with the 
 greatest care and to give the teacher the benefit of any reasonable doubt. In the 
 present case the forms of the law were complied with, and the teacher was per- 
 mitted to be present and make his defense. 
 
 The transcript sent up by the county superintendent shows that one of the 
 complaints upon which the teacher was tried, was signed by Jacob Ream, who 
 also is one of the directors and acted as one of the judges in the case. This is 
 strong presumptive evidence of prejudice on the part of one of the judges at least, 
 and this evidence is strengthened by the fact that Jacob Ream is the father of 
 John Ream whose punishment is made a matter of complaint. It is further 
 strengthened by the fact brought out in evidence, that the present board was 
 elected for the purpose and with the intent of displacing the teacher. The law 
 is very careful to guard the rights of the teacher and to insure him a fair trial. 
 That certainly can not be considered a fair trial in the eyes of the law, in which 
 one of the judges who is to give his vote for acquittal or conviction is a com- 
 plainant in the case and is as ready to pronounce the verdict before he hears the 
 testimony as afterward. 
 
SCHOOL LAW DECISIONS. 55 
 
 The board invited the teacher to resign at its first meeting-, and upon his 
 Tefusal it proceeded at once to take steps to discharge him. Under certain cir- 
 cumstances this might be right, when necessary to relieve the school from a 
 teacher proved to be incompetent or immoral. But general dissatisfaction as 
 alleged in the petition or the desire to hire a lady teacher for the summer term, 
 or to lessen the expenses of the district, can not be held to form any reason for 
 discharging the teacher. The alleged punishment of the two boys is not proved 
 in either case to have been unreasonably severe, to have been inflicted in passion, 
 or to have resulted in any permanent injury. These punishments happened some 
 weeks before and any complaint should have been made to the old board. 
 
 It does not appear necessary to enter any further into the merits of this case. 
 It ic held that no error was committed in reversing the action of the board and 
 the decision of the county superintendent is therefore AFFIRMED. 
 
 HENRY SABIN, 
 
 October 20, 1891. Superintendent of Public Instruction. 
 
 L. GOFF v. INDEPENDENT DISTRICT OF DALLAS. 
 Appeal from Marion County. 
 
 BOARD OF DIRECTORS. The board must endeavor to determine the actual inten- 
 tion of the electors, and to carry out their expressed wishes. 
 
 REMANDING OF CASES. Unless the transcript indicates clearly the manner in 
 which the board understands the expression of the electors, an appellate tribunal 
 on the trial will be compelled to remand the case for a more definite action. 
 MANDAMUS. The surest method to secure the performance of a mandatory duty 
 is application to a court for a writ of mandamus. 
 
 At a meeting held August 12-13, 1891, the board voted in effect to sell the site 
 at present occupied for schoolhouse purposes in or adjoining the village of Dallas, 
 and to build two school buildings, one to be located at a site about one mile east 
 of said village of Dallas, and another about twenty rods west of southeast corner of 
 section two. Appeal was taken to the county superintendent, who affirmed the 
 action of the board in locating the site in the west part of the district, but 
 reversed its action in regard to the location east of the village of Dallas. Appeal 
 was then taken to the superintendent of public instruction. 
 
 It is difficult to determine from the transcript sent up with this case, what 
 were the intentions of the electors regarding the matter of a new schoolhouse, 
 as expressed at the district meeting, March 9, 1891. The secretary's records 
 show that the motion to erect a schoolhouse at each end of the district was voted 
 down, as was also a motion to repair the old schoolhouse or to sell that and build 
 a new one with two rooms. 
 
 The vote to raise a tax for the purpose of building a schoolhouse was declared 
 carried, but the records do not show the amount to be raised by said tax, nor is 
 there anything to show what amount if any was certified up to the board of super- 
 visors. On the 20th of April the board voted that $1,500 was necessary for the 
 erection of two schoolhouses, and on the 2d of May the electors voted bonds to 
 that amount for schoolhouse purposes. There is nothing to show what form of 
 ballots was used, or what was the intention of the electors in voting the bonds. 
 When the intention of the electors in voting money for schoolhouse purposes is 
 clearly known, it is the duty of the directors to proceed in accordance therewith. 
 
 We therefore deem it best to remand the case to the county superintendent, 
 with instructions to remand it to the board in order that it may ascertain what 
 was the intention of the electors and that it attempt in good faith to carry it out. 
 If it fails to do this, the surest remedy is an application to the court for a writ 
 compelling it to carry out the intention of the electors. REMANDED. 
 
 HENRY SABIN, 
 
 December 23, 1891. Superintendent of Public Instruction. 
 
56 SCHOOL LAW DECISIONS. 
 
 C. A. WEBSTER v. INDEPENDENT DISTRICT NUMBER SEVEN. 
 Appeal from Winneshiek County. 
 
 DISCRETIONARY ACTS. To warrant interference with a discretionary act, abuse 
 of discretion must be proved beyond a reasonable doubt. 
 
 DISCRETIONARY ACTS. It is not the province of an appeal to discover and to 
 correct a slight mistake. The board alone must bear any blame that may attach 
 to a choice deemed by appellants somewhat undesirable, but not an unwise selec- 
 tion to such a degree as to indicate an abuse of the discretion ordinarily exercised. 
 DISCRETIONARY ACTS. In the absence of proof that the board has abused the 
 authority given it by the law, its orders will not be set aside, although another 
 decision might to many seem preferable. 
 
 JURISDICTION. When its order is affirmed, the board is left free to take another 
 action, if thought best. 
 
 On the 3d day of October, 1891, the board relocated the schoolhouse site in 
 independent district number seven, Burr Oak township. Appeal was taken to 
 the county superintendent, who reversed the action of the board which ordered 
 the house removed to the new location. From this decision John Knox president 
 of the board appeals. 
 
 The proceedings in this case are entirely regular. It is not claimed that there 
 was any direct violation of law, nor that prejudice or improper motives in the 
 least influenced the action of the board. The very common complaint that the 
 discretion vested in the board by the law had been abused was virtually the only 
 error urged. 
 
 The only question for us to determine is the single one as to whether the 
 county superintendent was warranted in setting aside the order of the board. 
 Unless the evidence clearly sustains his conclusions we shall be compelled to 
 reverse his decision. But if the evidence shows plainly a gross abuse of discre- 
 tion on the part of the board, then we must affirm. 
 
 Where an abuse of the large discretion vested in the board is urged, to war- 
 rant interference by an appellate tribunal such abuse must be proved conclu- 
 sively. The testimony must disclose so fully the nature of the unwarranted 
 action as to leave no reasonable doubt. The acts of a board must be presumed 
 to be correct, and they are entitled to the benefit of every doubt. Unless it is 
 fully apparent that the discretionary power of the board has been abused to such 
 an extent as to render interference necessary, it is the duty of the county super- 
 intendent to allow the act of the board to stand, although he may differ from the 
 board very strongly as to the desirability of the order in question. In this con- 
 nection, attention is called to appeal decisions found on pages 35, 82, 90, 100 and 
 135, School Law Decisions of 1888. 
 
 In this case while the testimony shows that the removal to the site selected 
 will bring the schoolhouse quite a distance south of the center of the district, it 
 is not in evidence that a suitable site might have been found nearer the center. 
 It must be presumed that the board carefully weighed all the. reasons in favor of 
 and against the site chosen, and also that it endeavored to find the best site. The 
 evidence is by no means conclusive that it did not select the best site obtainable. 
 If in the opinion of the people an error has been made, it rests with the electors 
 to choose a board favoring another location. 
 
 It is with reluctance that we reverse the decision of the county superintendent. 
 There can be no question that he intended to seek substantial justice for the 
 people of the district. This decision does not prevent the board, if thought 
 desirable to do so, from reconsidering the action by which the ne\v site was 
 chosen and selecting a different site. But we can not find that the evidence 
 supports the county superintendent in overruling the order made by the board 
 and his decision is therefore REVERSED. 
 
 J. B. KNOEPFLER, 
 
 February 26, 1892. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 57 
 
 R. G. W. FORSYTHE v. INDEPENDENT DISTRICT OF KIRKVILLE. 
 . Appeal from Wapello County. 
 
 APPEAL. Where changes are effected in district boundaries by the concurrent 
 action of two boards, appeal may be taken from the order of the board concurring 
 or refusing to concur, but not from the order of the board taking action first. 
 TERRITORY. All territory must be contiguous to the district to which it belongs. 
 JURISDICTION. In change of boundaries by two boards, an appellate tribunal 
 acquires only the same power possessed by the board from whose action appeal is 
 taken, and may do no more than to affirm the order, or to reverse and do what 
 the board refused to do. 
 
 PETITION. A petition may be used to bring to the attention of the board the 
 kind of action desired by the petitioners, but a board may act with equal direct- 
 ness without such request. 
 
 The board of the above named district refused to concur in the action of the 
 board of the district township of Richland, offering to transfer certain territory 
 to the independent district. Mr. Forsythe, desiring the transfer, appealed to the 
 county superintendent, who reversed the action of the board and ordered the 
 transfer of the territory under consideration by the two boards, with the excep- 
 tion of the northwest quarter of the southwest quarter of section eighteen, which 
 the county superintendent directed should remain a part of the district township 
 of Richland, and also ordered the transfer of the northwest quarter of the north- 
 west quarter of section eighteen, which would otherwise be cut off from the 
 district township to which it belongs. From this decision L. Jones, president of 
 the board of the independent district of Kirkville, appeals. 
 
 This case turns on the power of the county superintendent to modify the 
 order appealed from in the manner done by him. It is true that even if the 
 board of the independent district of Kirkville had concurred in the transfer of 
 the territory released by the other board, such order would not have been in 
 conformity with the spirit of the law, because forty acres would then be left 
 belonging to the district township of Richland and not contiguous to the remain- 
 der of the district. The county superintendent was led to conclude that the 
 forty acres in question should be transferred, if any change of boundaries was 
 made. But could the county superintendent so determine in this appeal? We 
 think not. The board of the independent district might concur or refuse to con- 
 cur. They might refuse to concur, and initiate a new proposition which the 
 board of the district township could act upon, when appeal would then lie from 
 the last action. But an attempt to change the order originally made would 
 render it necessary to have such new action considered by the other board, before 
 becoming effective, or even in order that the action could be brought within the 
 power of the county superintendent to consider on appeal. For in a case of this 
 kind no matter can come into the case on appeal, unless the second board, the 
 one last acting, concurs or refuses to concur in the order initiated or proposed by 
 the board first taking action. 
 
 It follows then that the county superintendent having only appellate jurisdic- 
 tion, could not assume original jurisdiction and do what the board from whose action 
 the appeal was taken could not have done. Therefore we are compelled to hold that 
 the county superintendent did not have the power to decide that the northwest 
 quarter of the northwest quarter of section eighteen should be transferred. 
 
 A careful investigation of the transcript leads us to believe that perhaps such 
 a change of the boundaries as would transfer the residence of Mr. Forsythe to 
 the independent district, might be desirable. Of course such transfer would 
 include entire forties of land, and no territory could be separated from the dis- 
 trict to which it should belong. Whether any change is best, must be determined 
 by the boards interested, the action of the board last acting being subject to cor- 
 rection on appeal. In order that the matter may come again without prejudice 
 
58 SCHOOL LAW DECISIONS. 
 
 to the attention of the boards, the decision of the county superintendent is 
 reversed and the case remanded to him to be reopened and heard again. We 
 think he will be compelled by necessity to affirm the decision of the board of the 
 independent district of Kirkville, in refusing to concur in the transfer proposed 
 by the district township. This will leave all matters as nearly as possible in the 
 same condition they were before any action was taken. It will then be in order 
 for either board at any time to initiate such a change of boundaries as may seem 
 demanded. There is no absolute necessity for a petition or request. A petition 
 may be used to bring to the attention of the board the kind of action desired by 
 the petitioners, but a board may act with equal directness without such request. 
 
 REVERSED AND REMANDED. 
 
 J. B. KNOEPFLER, 
 April 6, 1892. Superintendent of Public Instruction. 
 
 C. F. SCHEPPELE v. INDEPENDENT DISTRICT OF STONE HILL. 
 Appeal from Dubuqtie County. 
 
 REHEARING. In refusing a rehearing, or in granting the same, unless the dis- 
 cretion of the county superintendent was unjustly exercised, his decision must be 
 affirmed, on appeal. 
 
 NEW TRIAL. To warrant another trial, material reasons must appear, to prove 
 that a second hearing is desirable. 
 
 PROCEEDINGS. In the absence of proof to the contrary, the legal presumption is 
 that the proceedings before the county superintendent were entirely regular. 
 REHEARING. The presumption that the trial was regular and the proceedings 
 full and complete, must be overcome by the reasons urged for the rehearing. 
 REHEARING. A new trial should be refused unless cogent reasons are produced, 
 causing doubts to arise as to whether the merits of the case were fully and 
 fairly set forth at the former hearing. The reasons urged must present a strong 
 probability that a modification of the decision might be found desirable. 
 
 The county superintendent refused to grant a rehearing in this case. The 
 affidavit of appeal from his decision of refusal alleges a large number of errors 
 urged as having been made in thus refusing to allow a new trial. It is obvious 
 that we are to determine only a single question. In refusing a rehearing, did the 
 county superintendent err to such an extent as to warrant a reversal? 
 
 The motion for a second trial must be addressed to the judgment and discre- 
 tion of the officer to whom the motion is presented. In granting or refusing to 
 grant such a request, the county superintendent has original jurisdiction and his 
 conclusions must receive from us the same consideration on appeal which he him- 
 self is bound to give to the discretionary acts of the board. If error conclusively 
 appears, a discretionary act may be set aside. But every reasonable doubt inures 
 to the benefit of the party whose acts are questioned. 
 
 In order that we may be warranted in reversing the decision of the county 
 superintendent and remanding this case to him for a retrial, we must first be well 
 satisfied that his discretion in refusing the rehearing was unjustly exercised. If 
 he failed properly to appreciate the reasons urged, not giving full consideration 
 to all existing facts within his knowledge, and without due examination arbitrarily 
 refused the rehearing, then the consideration merited by his discretionary act is 
 correspondingly diminished. 
 
 Having very carefully reviewed the testimony with reference to the several 
 points of error urged, and closely examined the many authorities and references 
 cited by counsel in the case, and other additional authorities, we are unable to 
 find that the county superintendent erred in refusing the motion for a rehearing. 
 Tlie real merits of the case seem to have been very clearly within full review at 
 the trial of the appeal. Some trivial matters may have been omitted, but in the 
 main, the leading issues were clearly outlined. After due deliberation, the order 
 of the board was affirmed, and decisive reasons given for such conclusion. 
 
SCHOOL LAW DECISIONS. 59 
 
 Unless the county superintendent could bring himself to believe that another 
 trial was best, he could not in justice to all concerned grant the motion in ques- 
 tion. We do not find that the leading reasons urged were well supported. 
 Although these leading reasons may not have been referred to frequently at the 
 time of hearing, they were within the full knowledge of all the parties to the 
 trial. We must presume that the fact of the nearness of the dairy and the bone- 
 yard, and the claim that the action of the board was influenced by private inter- 
 ests, were not disregarded by the county superintendent in making up his mind 
 as to his final decision. 
 
 It must be assumed that the board would not select a site clearly unfit for use. 
 A location upon swampy ground would be manifestly an unsuitable site. And the 
 choice of a site so near any manufactory as to interfere unduly with the use of the 
 schoolhouse for school purposes would be a palpable abuse of discretion. If any 
 of these conditions actually exist in this case, as now urged in asking us to order 
 a new trial, the aggrieved parties had ample opportunities to bring convincing 
 proof of such facts into their case at the time of its trial, and if they could have 
 found such testimony and failed to do so, they were derelict to their own interests. 
 But the evidence fails to disclose unsuitableness in any of these particulars, or to 
 indicate that the county superintendent failed in any manner to give serious and 
 respectful consideration to every reason for a new trial that was presented to his 
 notice. His action in refusing a rehearing is AFFIRMED. 
 
 J. B. KNOEPFLER, 
 
 May 23, 1892. Superintendent of Public Instruction. 
 
 JY A. CLAXTON v. INDEPENDENT DISTRICT OF HOLMES. 
 Appeal from Fayette County. 
 
 SCHOOLHOUSE SITE. The necessities of the present must be observed in locat- 
 ing schoolhouse sites, in preference to the probabilities of the future. 
 SCHOOLHOUSE SITE. The prospective wants of the district may properly have 
 weight in determining the selection of a site, when such selection becomes neces- 
 sary, but not in securing the removal of a schoolhouse now conveniently located. 
 
 On the 21st of March last, the board, by two affirmative votes to one negative, 
 relocated the schoolhouse site at a point eighty rods west of the present site. 
 Prom this action J, A. Claxton appealed. The county superintendent reversed. 
 D. S. Thompson now appeals to this department. 
 
 The proceedings in this case appear to be entirely regular. There was no 
 violation of law. Appellant does not allege malice or prejudice. Therefore 
 abuse of discretion was the only point to be considered by the county superin- 
 tendent. He decided, after a full hearing of the case, that there had been abuse 
 of discretion sufficient to warrant him in reversing the board's order. It is for 
 us to review the testimony on which he made this decision, and the argument 
 offered in the appeal before this tribunal. 
 
 In cases such as the present, the question for an appellate tribunal to deter- 
 mine is not which of two sites is the better, but whether the site selected is 
 under existing and prospective conditions of the district, at all fit and suitable 
 for a schoolhouse site, as well as fair to the patrons. And to determine this, 
 various factors must be taken into consideration. There should be unusually 
 strong reasons for abandoning a site provided with a good well, especially if the 
 new site is on lower ground as in the present case, where good water may not be 
 procurable. Trivial differences in distance should not usually be allowed to lose 
 to a district the value of shade trees already well advanced. Wells and trees 
 cannot be moved, and with the latter, it not only makes expense, but requires 
 years to replace them. However, in all this, and in the doubt that is raised 
 whether the new site is a fit one at all on account of being low and wet, we are 
 disposed to give the board the benefit of the doubt. 
 
60 SCHOOL LAW DECISIONS 
 
 Counsel for appellant states that the little village of Donnan, in the north- 
 western part of the district, is certain to grow considerably in the near future 
 because of being at the junction of two railroads, and that therefore it should 
 have better school facilities than are afforded by the old site. Taking the pre- 
 mises in this reasoning as correct the conclusion is sound, only that it does not 
 go far enough Donnan village would demand better school facilities than even 
 the new site would afford. It would ask to be set off in an independent district 
 and have its own local school, taking with it more or less of territory off the west 
 side of the Holmes district. This would leave the schoolhouse on the new site 
 considerably too far west of the geographical center and center of population of 
 the district as it would then be left, especially so since many of the residents in 
 the eastern half live in the extreme eastern limits of the district. 
 
 Therefore, taking all these things into consideration, while fully realizing 
 how reluctant this department has always been to interfere with the discre- 
 tionary acts of a board, we think it will be better for the schoolhouse to remain 
 on the old site for the present When a north and south highway shall have 
 been actually constructed and its location thus made certain, and when the neces- 
 sities of the northwestern portion of the district shall be more definitely under- 
 stood, it will be easier to determine the needs of the district, and choose a site 
 that shall be permanent, if removed from the present site. The board may then, 
 if it sees fit, take action again on the question of relocation. The decision of the 
 county superintendent is hereby AFFIRMED. 
 
 J. B. KNOEPFLER, 
 
 November 23, 1892. Superintendent of Public Instruction. 
 
 OLE THOMPSON et al v. DISTRICT TOWNSHIP OF BELMOND. 
 Appeal from Wright County. 
 
 TESTIMONY. Opinions unsupported by facts do not become satisfactory evidence. 
 DISCRETIONARY ACTS. The order complained of is reviewed not to discover the 
 desirability of the action, but to determine whether sound reason and wise dis- 
 cretion were followed. 
 
 DISCRETIONARY ACTS The fact that some other action would have been desir- 
 able or preferable does not establish that the board abused its discretion. 
 BOARD OF DIRECTORS. Its action is presumed to be correct and for the interest 
 of the district, until proved to be otherwise 
 
 DISCRETIONARY ACTS. In the determination of appeals, the weight which prop- 
 erly attaches to the discretionary actions of a tribunal vested with original juris- 
 diction should not be overlooked. 
 
 This case comes before the superintendent of public instruction on appeal taken 
 by John L. McAlpine from the decision of the county superintendent reversing 
 the action of the board in refusing to create certain additional subdistricts as 
 prayed for in a petition. 
 
 The point at issue is a simple one, being merely a question of discretion on the 
 part of the board as to whether it was best to take or not to take a certain action. 
 The decision of the county superintendent compels the board to do what it did not 
 deem wise or necessary. Doubtless there are instances when such a ruling on the 
 part of an appellate tribunal is needed. But does the evidence warrant such a- 
 decision in the present case? The affidavit bringing the case before the county 
 superintendent does not allege violation of law, or prejudice. Neither does such 
 appear in the testimony, The law gives boards very wide latitude in the exercise 
 of their discretionary powers. Not infrequently cases arise in which an appellate 
 tribunal would sustain their discretionary action whether they granted or refused 
 to grant a given petition, there being no manifest abuse of such discretion in either 
 action In any event, the action of a board is presumed to be correct and for the 
 interest of the district until proved to be otherwise. Mere opinions of witnesses 
 
SCHOOL LAW DECISIONS. 61 
 
 that a different action would have been preferable cannot be accepted as evidence. 
 Statements of facts and existing conditions must be given. Even then the fact 
 that some other action would have been desirable or preferable does not establish 
 that the board abused its discretion. It must be shown that the action complained 
 of is an injury to the district or does gross and needless injustice to the patrons 
 thereof. The decisions in this line by our predecessors are numerous and pointed, 
 and we fully concur in the position taken. 
 
 In the present case the evidence does not show that any one is made to suffer 
 injustice by the board's action. Ample provision has been made to accommodate 
 all of the pupils of the territory in question with school privileges. It is not in 
 evidence that the formation of three subdistricts out of the one would improve 
 these facilities, since the subdistrict now has three schoolhouses located for the 
 convenience of the respective portions of said subdistrict. 
 
 For the county superintendent, or the state superintendent, to render a decision 
 invariably as he would have voted had he been a member of the board, is not what 
 the law intends when clothing these officers with authority to try and decide 
 appeals. Malice, prejudice, violation of law, is the board guilty of any of these? 
 Or has it gone beyond sound reason and wise discretion in taking or refusing to 
 take a given action? These are the questions for both tribunals to inquire into. 
 
 While we believe the county superintendent endeavored conscientiously to hear 
 and decide the present case fairly, yet in the light of the foregoing reasoning we 
 do not find that the evidence discloses grounds sufficient for refusing to affirm the 
 board, and the decision of the superintendent is therefore REVERSED. 
 
 J. B. KNOEPFLER, 
 
 March 11, 1893. Superintendent of Public Instruction. 
 
 J. O. SEVEREID AND JOHN STENBERG v. IND. DISTRICT OF FIELDBERG. 
 Appeal from Story County. 
 
 SCHOOL PRIVILEGES. Are not guaranteed children elsewhere than in the dis- 
 trict of their residence. 
 
 SCHOOL PRIVILEGES. To the fullest extent possible, the board should equalize 
 the distance to be traveled to schooL 
 
 SCHOOL PRIVILEGES. Attendance in another district depends upon the board 
 of that district, and must therefore be regarded as a contingency. 
 
 The transcript in this case shows that on March 20, 1893, the board in answer 
 to a petition relocated the school site and made an order to move the schoolhouse 
 on the site selected, the latter being more than three-fourths of a mile north of 
 the present site. John O. Severeid and John Stenberg appealed to the county 
 superintendent who affirmed the order of the board. The same parties now 
 appeal to the superintendent of public instruction. The essence of affidavit filed 
 by appellants is abuse of discretion by the board because several families will be 
 compelled to go two miles or more to reach the schoolhouse on the new site. 
 
 The district consists of four sections in the southwest corner of Palestine 
 township. The schoolhouse as now located is in the geographical center of the 
 district and within a distance of one and three-fourths miles from the most 
 remote patrons. In the northern part of the district, in fact on the extreme 
 northern boundary, lies the village of Huxley. It is in the edge of this village, 
 and therefore almost in the limits of the district that the new site has been 
 selected. Two of the directors residing in said village and being the two who 
 voted for the new location. The district has a school enumeration of sixty-eight, 
 of whom about forty live in Huxley These pupils have been going to the center 
 of the district, where the schoolhouse now is, a fraction over one and one-fourth 
 miles. For the better accommodation of these pupils the removal was ordered. 
 While some attempt is made to show that the site chosen is unfit, that the 
 
62 SCHOOL LAW DECISIONS 
 
 cost of moving will be excessive, and that there was undue prejudice, we do not 
 find that any of these charges are sustained We may therefore consider merely 
 the element of distance to the new site. It is in evidence that some of the school 
 patrons will have two and one-fourth miles to reach the new site, while there are 
 five families with nine children whose distance will be over two miles, also that 
 about twenty-nine children at present will be unfavorably affected and about 
 thirty-seven favorably. While the new site will accommodate a majority of the 
 pupils, still it is considerably north of the center of population. The board and 
 the petitioners seemed to realize clearly that the contemplated site would leave 
 several families at a great disadvantage as to school privileges, since they state 
 that these families can be accommodated in other districts. They realized that 
 an injustice would be done if these families should be compelled to travel to the 
 new site for school conveniences. But there is -nothing offered in evidence to 
 show how said patrons can be accommodated elsewhere. It is not shown that 
 they will be as near even another school as to their own, provided they might 
 attend such a school. For aught that appears in the evidence, they may be 
 three or more miles from any other school. Even if there be one nearer, there is 
 no positive evidence that the board has made arrangements for the schooling of 
 said pupils in another school, or even that it can make such arrangements. Wit- 
 nesses say that they think said pupils could attend in some other district, but 
 this belief merely cannot, be received as satisfactory evidence on this point. 
 What are the probabilities that such provisions can be made for the children of 
 the five families under consideration? The territory on which these families 
 reside cannot be set off to another district for the reason that territory cannot be 
 detached to districts in a different township as would be necessary in this case. 
 Neither is it legal to reduce independent districts to less than four sections 
 except in special cases. See chapter 133, laws of 1878, as amended by chapter 
 131, laws of 1880, page 84, S. L. 1892. 
 
 The board is not sure of securing school privileges for said pupils elsewhere 
 without such transfer of territory, because it will require the concurrence of 
 another board which may absolutely refuse. In any event the board of Fieldberg 
 independent district is not able to guarantee school privileges to these families 
 elsewhere than in their own district, since the matter does not rest wholly in its 
 own power. While the law does not as many suppose, prescribe a maximum dis- 
 tance for school travel, yet by permitting provisions to be made under given con- 
 ditions for children to attend other schools than their own when they live more 
 than one and one-half miles from the latter, it is evident that the legislature 
 regarded this distance about as far as a child should travel to reach school. 
 
 It is the duty of the board to furnish reasonable facilities in its own district 
 for all the children thereof Even a minority of only five families has rights and 
 claims which may not be ignored. To give a majority of the district located in a 
 village convenient school privileges by practically cutting off others entirely 
 from any privileges of education, we believe after long and careful study to be an 
 abuse of discretion sufficient to warrant reversing a board taking such action. 
 The distance these families will be compelled to travel to school will be such as 
 largely to deprive them of their just rights in the matter of enjoying school 
 accommodations. 
 
 We are aware that this department has ever stood for sustaining the discre- 
 tionary acts of a board. In this case, however, we believe that abuse of discretion 
 has been fairly proven by the appellants. Doubtless the board had not fully con 
 sidered the fact that rights of appellants could not be so ignored in the effort to 
 improve the school conveniences of other parts of the district, or did not consider 
 that providing school privileges for appellants in some other district is hedged 
 about with such complications and uncertainties. The case is different from 
 what it would be had theirs been a district township instead of an independent 
 
SCHOOL LAW DECISIONS. 63 
 
 district. In the former case the matter would be much more in its own hands 
 It could rearrange boundaries to accommodate those at too great a distance from 
 the new site, a matter which the board in the present case cannot do. If it was 
 satisfactorily established that said families had been or could and would be per- 
 manently provided with better school facilities elsewhere such accommodations 
 being annually dependent upon conditions in the district in which they might 
 desire to attend, especially in the disposition of each new board, it would have 
 been a comparatively clear case for affirming the action of both board and county 
 superintendent. Because the distance of five families is to our mind needlessly 
 increased and their school privileges nearly cut off and because there is no proof 
 that another school is nearer with provision that they could attend such school, 
 if there is one, and it seeming quite doubtful whether such provisions can be 
 made at all, we feel that the interests of said families should be protected, We 
 have no reason to question the intentions of any parties connected herewith. We 
 simply state that in our opinion the board did not consider the difficulties in the 
 matter of providing school facilities for the five most distant families. 
 
 The decision of the superintendent is REVERSED. 
 
 J. B. KNOEPPLER, 
 August 14, 1893. Superintendent of Public Instruction. 
 
 BRADFORD INGRAHAM v. DISTRICT TOWNSHIP OF HARTFORD. 
 Appeal from Iowa County. 
 
 SCHOOLHOUSE SITE. It is not the province of an appeal to determine which of 
 two sites is the better. 
 
 TESTIMONY. If selfish or other improper motives are complained of, the testi- 
 mony must show such facts conclusively. 
 
 The history of this case is brief. March 20, 1893, the new township board hav- . 
 ing then just organized, on motion appointed a committee of three to relocate the 
 site of schoolhouse in subdistrict number eight, said site to be near the geo- 
 graphical center of said subdistrict. On the 20th of May, at a special called 
 meeting, it was moved to reconsider the motion to relocate the schoolhouse in 
 subdistrict number eight, which motion was carried. By another motion the 
 committee appointed at the former meeting was discharged. It is from this 
 action of the board on May 20 that Bradford Ingraham appealed to the county 
 superintendent, and from the latter's decision affirming the action of the board, to 
 the superintendent of public instruction. 
 
 In his affidavit, Mr. Ingraham alleges that the board was influenced by selfish 
 motives and further alleges in effect that the board abused its discretionary 
 powers. The abuse of discretion, if such it is, consisted in the unequal distance 
 of travel from the different parts of the subdistrict to the schoolhouse. A care- 
 ful reading of the case as filed in the transcript, fails to disclose any selfish or 
 improper motives on the part of the board, and we dismiss this charge without 
 further comment. 
 
 Counsel for appellant discusses at some length the effect of a vote to recon- 
 sider, and then not reconsidering, not voting on the former motion. It is claimed 
 that the board merely voted to reconsider former motion to relocate, and that no 
 further action being then taken, the motion to relocate remained before the 
 board until it should be acted upon one way or the other, or that not being taken 
 up within a month, it was terminated, leaving the previous action thereon in 
 force. Counsel for appellees claims if the first be true, then the case should have 
 been dismissed, as no action had been taken from which to appeal. 
 
 Technically the vote to reconsider the former motion placed said motion before 
 the board again, as if it had not been voted on, and left it ready for debate and 
 adoption or rejection,, But it is clear that the board intended to rescind its 
 
64 SCHOOL LAW DECISIONS. 
 
 former action and evidently understood the word reconsider in the sense of 
 rescinding. It is quite a common misapplication of the word. That this was the 
 intention is the more conclusive, when we note the subsequent vote of the board 
 in discharging its committee. 
 
 In providing for appeals before the county and state superintendent, it was 
 the manifest purpose of the lawmakers to afford a speedy, inexpensive remedy, 
 stripped of undue technicalities, for certain classes of grievance. Holding this 
 view, we must recognize the intent of the board, rather than what it did under a 
 technical construction of language. Apparently the board itself made the relo- 
 cation and appointed a committee chiefly to arrange the details and see to the 
 removal of the schoolhouse. At the May meeting no action was taken by the 
 board on the report or statement made by the committee. The resolution of the 
 board at the March meeting located the site about eighty rods east of the old 
 site. The rescinding of this amounted to a new location or to undoing the former 
 action, a thing they clearly had a right to do. Members of the board had 
 changed their views. 
 
 No evidence is introduced to show that either site is in itself unsuitable. It 
 is merely a question of distance. It is a question of moving the schoolhouse away 
 from some and nearer to others. Neither site would seriously discommode any 
 one according to the plat sent up with the transcript. It is in evidence that only 
 one more pupil would be better accommodated at the new site than at the old. 
 It is not the province of this department, nor of the county superintendent, to 
 determine which of two sites is the better. An appellate tribunal in such cases 
 may determine only whether the board has chosen a grossly unsuitable or unjust 
 and unfair site. If so the board should be reversed. If not, it should be sus- 
 tained, even though a better site could be found. 
 
 In the present instance, no gross injustice is done, no manifest error committed 
 In fact both sites are good, and we should be compelled to sustain the board on 
 appeal in the selection of either the present or the new site. We hold that the 
 county superintendent committed no error in affirming the action of the board 
 when it practically rescinded its former motion for relocation and chose to keep 
 the old site. His decision is therefore AFFIRMED. 
 
 J. B. KNOEPFLER, 
 
 December 21, 1893. Superintendent of Public Insti'uction. 
 
 W. S. KENWORTHY et al. v. INDEPENDENT DISTRICT OF OSKALOOSA. 
 Appeal from Mahaska County. 
 
 DISCRETIONARY ACTS. The order of a board should be reversed only upon the 
 plain showing that the law has been violated or discretion grossly abused. 
 BOARD OF DIRECTORS. Has full power to provide and enforce a course of study. 
 RULES AND REGULATIONS. The burden of proof is with the appellant to show 
 that a rule is unreasonable. 
 
 The history of the case is this. The board has a regulation that all pupils 
 shall provide themselves with text-books suitable to their grade, and that failing 
 to do this they shall be suspended until they comply with the rule. 
 
 The children of the appellants were under this rule suspended from school for 
 not being provided with the music books in use in said schools. The parents 
 appealed from the ruling of the board to the county superintendent who reversed 
 the action of the board, and the board appeals. 
 
 It is an established rule that the action of a school board should be reversed 
 only upon the showing that it has abused its discretion or violated the law. In 
 this case the county superintendent avers that it violated the law in that it did 
 not advertise for bids as required by section 5 of chapter 24, Laws of 1890, before 
 the music books were adopted. 
 
SCHOOL LAW DECISIONS. 65 
 
 There is nothing in the transcript to show that it was acting under the pro- 
 visions of this chapter, which it could not do unless so instructed by the electors 
 of the district. See section 12 of said chapter. So much of the county superin- 
 tendent's decision as refers to this may then be dismissed from the case. 
 
 It is further claimed that it abused its discretion by adopting an unreasonable 
 rule. This is the real question at issue. 
 
 With their power to establish and maintain graded schools, all boards are 
 invested with the authority to prescribe a course of study in the different 
 branches to be taught. It is not our province to determine what the courts might 
 hold in this case. They have held that in case a pupil refuses to conform to a 
 course of study as prescribed by the board, the proper remedy is suspension and 
 not corporal punishment. See 50 Iowa, 145 They have also held that a rule 
 suspending a pupil for a certain number of absences or tardinesses is reasonable, 
 and may be enforced. See 31 Iowa, 562. It is true that they also have held that 
 a pupil may be suspended only for gross immorality or persistent violation of 
 reasonable rules. See 56 Iowa, 476. 
 
 In this case it is nowhere shown that the children would in any way be injured 
 by the study of music, or that their health or wellbeing demanded that they 
 should be excused from the study in question. 
 
 There is fair ground for considering the refusal to purchase the books as a 
 failure to comply with a reasonable regulation of the board. The rule of the 
 board was made so as to bear with equal force upon all the pupils in the school. 
 And in order to make it as little oppressive as possible it offered the books at the 
 least expense possible, and that none might be deprived of the benefits of the 
 study the board authorized the 'teachers to loan the text-book in music without 
 charge to children whose parents were in indigent circumstances. 
 
 The law has invested boards with very large discretionary powers, under 
 which they may grade the schools and establish such regulations as may seem to 
 them best for the interest of the entire school. The burden of proof in this case 
 was with the appellants to show that the rule is unreasonable, or that in obeying 
 it their children would suffer some hardship. This we think they have failed to 
 do, and the decision of the county superintendent is therefore REVERSED. 
 
 HENRY SABIN, 
 
 February 12, 1894. Superintendent of Public Instruction. 
 
 J. HIMELICK et al. v. DISTRICT TOWNSHIP OF PLEASANT. 
 Appeal from Monroe County. 
 
 COUNTY SUPERINTENDENT. To warrant setting aside the order of a board, its 
 error must appear plainly. 
 
 COUNTY SUPERINTENDENT. Examines critically the testimony, to determine 
 whether any good reason is found requiring a reversal of the order of the board. 
 
 On appeal, the county superintendent affirmed the order of the board by 
 which several changes were made in subdistrict boundaries, with a view to a 
 better and more economical subdivision of the district township. It is urged by 
 the appellant that the county superintendent erred in sustaining the action of 
 the board, for the reasons, among others, that the board should first have pro- 
 vided a highway to any proposed new schoolhouse site, also in holding that 
 patrons are not injuriously affected to the extent that the order of the board 
 should therefore be set aside; and also that his decision supporting the board is 
 against the weight of evidence, and prejudicial to the best interests of the entire 
 district township. 
 
 A close comparison of the very clear and full statements made in the county 
 superintendent's decision with the testimony in the case, does not disclose any 
 good reason for reversing his decision. It is evident that a site cannot be 
 
66 SCHOOL LAW DECISIONS. 
 
 relocated to accommodate the subdistrict newly formed, until such subdistrict 
 is created and in effect. An appeal will lie to correct a legal error made by the 
 board in fixing- any site. 
 
 The testimony is conclusive that the changes made by the board will be to the 
 advantage of many patrons. It often occurs that such necessary changes will dis- 
 commode some, who previously may have been favored. It is in evidence that 
 the board considered very fully the claims of all parties, and that the action 
 finally taken seemed demanded by the good to come to the larger number 
 
 We think the county superintendent rightly held that the weight of evidence 
 supported the order made by the board. In hearing the appeal, he very properly 
 reviewed the action taken by the board, in the capacity of an appellate tribunal, 
 not as viewing matters in the way he might have done if he had been a member of 
 the board, and thus possessing original jurisdiction, but he simply examined 
 critically the testimony in the case, to determine whether any good reason could 
 be found which would require that the order of the board should be reversed 
 To warrant a county superintendent in setting aside the order of the board, its 
 error must appear plainly. 
 
 In this case, the matter hinges upon the determination of the single question, 
 Did it abuse its discretion? After a fair hearing, the county superintendent 
 held that it had not done so, and as before stated, we can find no good reason to 
 differ from his conclusion. AFFIRMED. 
 
 HENRY SABIN, 
 
 April 26, 1894. Superintendent of Public Instruction. 
 
 ELLA BENSON AND BELLE ROBERTSON v. DIST. TWP. OF SILVER LAKE. 
 Appeal from Dickinson County. 
 
 CONTRACT. It is the province of the courts of law to decide as to the validity of 
 a contract. 
 
 COUNTY SUPERINTENDENT. Does not have the power to interpret the legal 
 value of a contract. 
 
 This case turns upon the construction to be given to a contract. The validity 
 of the contracts in the sense claimed by the appellants is questioned and denied 
 by the board The teachers assert that said contracts are of full force for the 
 nine school months named in the contracts, and the board contends that no 
 authority was granted by it to any one to contract for more than six months, and 
 that therefore the contracts can have no force beyond the term of six months. It 
 is the province of the courts of law to decide as to the validity of a contract In 
 the trial of an appeal as soon as it becomes clearly apparent that the principal 
 issue is of a kind intended by our statutes to be heard and determined only by the 
 courts of law, the appeal should be dismissed. As the real matter to be decided 
 in this case is what the contracts actually are and what force must be given to 
 their essential conditions, it follows that the county superintendent did not err 
 in dismissing the appeal for want of jurisdiction. 
 
 This case is not parallel with Kirkpatrick v The Independent District, etc., 53 
 Iowa, 585, in which it is held that the remedy of a teacher wrongfully discharged 
 is appeal, and not an action at once in the courts to recover compensation. In 
 the present case the board did make an order discharging these two teachers, but 
 it is clearly apparent that the county superintendent could not review that order 
 of the board without proceeding upon the assumption that the contracts had force 
 and validity, and he did not have the power to interpret the legal value of a con- 
 tract. We are compelled to find that the only remedy of the appellants is an 
 action in a court of law. The decision of the county superintendent is affirmed 
 and the case DISMISSED. 
 
 HENRY SABIN, 
 
 August 11, 1894. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 67 
 
 SAMUEL, FALLON v. INDEPENDENT DISTRICT OF FORT DODGE. 
 
 Appeal from Webster County. 
 
 ATTENDANCE. An actual resident may not be denied equal school advantages 
 
 with other residents. 
 
 BOARD OP DIRECTORS. May adopt its own course to decide the question of actual 
 
 residence. 
 
 TUITION. Failing 1 to substantiate a claim to residence, a non-resident may attend 
 
 school only upon such terms as the board deems just and equitable. 
 
 In this case the two sons of the appellant, aged nineteen and sixteen years, 
 were refused admission to the schools unless they would pay tuition. They 
 claimed to be residents of the district and that they were entitled to the same 
 privileges as other residents. Being denied admission they appealed to the 
 county superintendent, who affirmed the order of the board. 
 
 The entire case turns upon the fact of the residence of the children. If a 
 board concludes that a child is an actual resident, it cannot deny him equal school 
 advantages with other residents. But if it cannot be satisfied that an applicant is 
 an actual resident, then it is its duty to make the same requirements that are 
 demanded of other scholars who may be sojourning temporarily in the district. 
 
 It will be of interest to inquire as to who may decide definitely the question of 
 residence, and as to the manner in which the matter should be considered. In 
 view of the fact that the matter has given a great deal of trouble in a number of 
 districts, this department has had occasion frequently to submit questions involv- 
 ing some phases of the subject to the attorney-general, for his official opinion. In 
 one of these opinions he uses the following language, which we think is quite 
 applicable in this present case: 
 
 "It may be said that it is nowhere provided in the law what course the board 
 of directors shall pursue in determining whether a pupil is a resident of the dis- 
 trict, nor is the board directed as to the kind of evidence that shall be produced, 
 nor as to the manner of producing it in determining such question. In the absence 
 of such a provision directing the board as to its course of proceeding in such cases, 
 I think that body may adopt any course it sees fit and take any kind of evidence it 
 chooses in deciding this question of residence. I think it may make such decision 
 from its own knowledge of facts; from the observations of the members; from the 
 statements, sworn or unsworn, of parties who have knowledge of the facts, or from 
 any other fair and impartial method of obtaining information bearing upon the 
 point at issue. I do not think the board has power to compel the attendance of 
 witnesses, or to administer oaths to them'; but in gathering its information and in 
 deciding the question, it must act in entire good faith and with a view to getting 
 the exact truth and making its decision according to the very right of the matter." 
 
 It is in evidence that the board in this case acted with deliberation, and it is 
 not claimed that it failed to receive any testimony or statements that would tend 
 to make a final determination of the matter by it any more clear or conclusive. In 
 reviewing its decision on appeal the county superintendent was unable to find that 
 it had abused its discretion, had acted without the fullest information within its 
 reach, or had arrived at any other than an equitable conclusion. 
 
 This department has continuously held, in interpreting section 1794, that the 
 board is to be satisfied that the residence of the scholar is actual. The burden of 
 proof rests upon the child who has recently come into the district, to establish 
 the fact of residence, before he can be admitted to school privileges free of tuition. 
 Failing to convince the board and to substantiate his claim of residence, he can. 
 attend only upon such terms as the board may deem just and equitable. 
 
 In this case we do not find that the county superintendent erred in affirming 
 the order of the board requiring the children of Mr. Fallon to pay tuition as an, 
 essential condition to attendance. His decision is therefore AFFIRMED 
 
 HENRY SABIN, 
 
68 SCHOOL LAW DECISIONS. 
 
 G. O. ROGNESS v. DISTRICT TOWNSHIP OF GLENWOOD. 
 Appeal from Winneshiek County. 
 
 APPEAL. Will lie from an action of the board which is made a matter of record. 
 APPEAL. May be taken from the action of the board in laying the subject-matter 
 of a petition on the table. 
 
 It appears that at the meeting of the board, held September 17, 1894, Geo. O. 
 Rogness presented a petition asking that the board redistrict said township, and 
 also that an extra school be kept for four months in a certain school building, 
 situated on the farm of E. Bolson. By vote of the board said petition was laid on 
 the table. An appeal was taken to the county superintendent, who dismissed the 
 same on the ground that no action was taken by the board which could furnish 
 .the basis of an appeal. The case comes now on appeal before the superintendent 
 of public instruction. 
 
 The only point to be decided is whether an appeal may be taken from a vote 
 to lay on the table. The words of the law in section 1829 are that any person 
 aggrieved by any order or decision of the board may appeal. The transcript sent 
 up by the secretary in this case reads: "Moved and carried that the bill 
 (petition) of G. Rogness be laid on the table." It must be held that this con- 
 stitutes an action on the part of the board. The motion to lay on the table was 
 made, was voted upon, was declared carried, and is so recorded upon the secre- 
 tary's book. The above conclusion is in accord with the unvarying opinion of 
 this department for a long number of years. 
 
 It is to be noted that in the case cited by counsel for the side of the district, in 
 71 Iowa, page 634, the supreme court does not attempt to decide what constitutes 
 an action. It refers to cases in which the board purposely intend by neglect or 
 refusal, to avoid taking an action or making an order or decision. In the case 
 we are now deciding, the board made an order, which the secretary recorded in 
 the minutes, " that the petition be laid upon the table." The decision of Superin- 
 tendent Abernethy, see S. L. Dec. 1892, page 62, that the motion to lay on the 
 table "furnishes a convenient method of disposing of the matter," appears to be 
 to the point. The right of the board to make such a disposition of a case cannot 
 be questioned, but it must be regarded as an action subject, like any other action, 
 to appeal. 
 
 After studying up carefully the precedents as established by the rulings of 
 this department, and reading with equal care the cases cited by counsel, we can 
 arrive at no other conclusion. The case is reversed, with the suggestion to the 
 superintendent that he remand the case, in order that the board may take such 
 iurther action as may seem fair and just to all concerned. REVERSED. 
 
 HENRY SABIN, 
 
 January 11, 1895. Superintendent of Public Instruction. 
 
 MARY GREY v. INDEPENDENT DISTRICT OF BOYLE. 
 Appeal from Iowa County. 
 
 BOARD OF DIRECTORS. In locating a site the board acts wisely in taking into 
 consideration the prevailing sentiment of the people. 
 
 COUNTY SUPERINTENDENT. Should reverse the action of the board only upon 
 the clearest and most explicit proof of abuse of discretion. 
 
 The history of this case is not different from that of many others. The school- 
 JLouse of the district is unfit for use, and the electors voted bonds to build a new 
 one. By a vote very nearly unanimous they directed the board to locate the new 
 house on a site 160 rods east of the present site. While we do not hold that this 
 vote was binding upon the board, it showed at least the prevailing sentiment of 
 
SCHOOL LAW DECISIONS. 69 
 
 the district, and the board acted wisely in taking it into consideration, in select- 
 ing a new location. See also case on page 75, S. L. Dec. 1892. 
 
 As it was not able to purchase a site desired by the electors, the board 
 chose one 30 rods farther west. From this action Mrs. Mary Grey appealed. The 
 county superintendent reversed the order of the board and appeal is taken to the 
 superintendent of public instruction. The transcript as sent up with the case 
 reveals no new point of law to be considered. The proceedings of the board were 
 regular and in accordance with the law. The evidence nowhere shows any pas- 
 sion, prejudice, or malice, on the part of the board. The responsibility of 
 selecting the site rests with the board, that body having original jurisdiction. 
 See also case on page 138, S. L. Dec. 1892. The county superintendent having 
 only appellate jurisdiction should reverse its action only upon the clearest 
 and most explicit proof of abuse of discretion. Reference is here made to the 
 case of Edwards v. Dist. Twp. of West Point, page 22, S. L. Dec. 1892, as pre- 
 senting a very conclusive discussion of the principles involved. 
 
 While we always regret to be compelled to disturb the decision of a county 
 superintendent, and concede that in this particular case the county superinten- 
 dent was actuated only by the best motives, we cannot find any such satisfactory 
 proof that the board erred, as would warrant the county superintendent in revers- 
 ing its action. The decision of the county superintendent is REVERSED. 
 
 HENRY SABIN, 
 
 August 26, 1895. Superintendent of Public Instruction. 
 
 MARY GREY v. INDEPENDENT DISTRICT OF BOYLE. 
 
 Appeal from Iowa County. 
 APPLICATION FOR A REHEARING. 
 
 REHEARING. To obtain a rehearing the necessity must be clearly shown. 
 TESTIMONY. New testimony can be introduced only when the facts materially 
 affecting the case could not have been known before the trial. 
 
 Comes now the attorney for Mary Grey, and asks a rehearing in this case. 
 
 It is a reasonable presumption that.the merits of the case were fully presented 
 at the time of the trial before the county superintendent. The party asking for 
 a rehearing does not claim that any testimony has been discovered which could 
 not have been introduced at the time of the original trial. The course which he 
 urges would in effect be to initiate a new case, and introduce testimony concern- 
 ing a site which neither the board of directors nor the county superintendent had 
 in mind, as disclosed by the transcript sent up to this office. 
 
 By using reasonable diligence, the facts set forth in the affidavit asking for a 
 rehearing, might have been produced before the county superintendent, but it 
 may not properly be claimed that a rehearing for such a purpose should now be 
 granted. See second paragraph on page 109, case in S. L. Dec. 1892. If the case 
 were reopened, it could be only to ascertain whether the merits of the case were 
 fully and fairly set forth at the former hearing, as determined by the transcript 
 of the case, certified to by the county superintendent as a record of the proceed- 
 ings before him. No new testimony as to the desirableness of any other site 
 could be admitted. The time for the introduction of such testimony was at the 
 first trial, and we do not see that there is anything to be gained by reopening the 
 case. It would be to consider only the same points which we endeavored to con- 
 sider fairly*and fully in our decision of August 26, 1895. The' motion for a rehear- 
 ing is denied. 
 
 HENRY SABIN, 
 
 September 4, 1895. Superintendent of Public Instruction. 
 
70 SCHOOL LAW DECISIONS. 
 
 MARY GREGORY v. W. A. MCCORD, Co. SUPT. 
 Appeal from Polk County. 
 
 COUNTY SUPERINTENDENT. Unless a marked abuse of discretionary power is 
 clearly and conclusively proved, his action in refusing 1 or revoking a certificate 
 will not be interfered with on appeal. 
 
 Section 1767 provides that if the county superintendent is satisfied that an 
 applicant possesses the requisite knowledge of the branches specified in section 
 1766, and a good moral character, together with the essential qualifications for 
 governing- and instructing children and youth, then said county superintendent 
 ^hall grant a certificate to teach in the schools of his county, for a time not to 
 exceed one year. If he is not satisfied that the candidate is adequately qualified 
 in every one of these particulars, then the certificate may be denied. 
 
 Section 1771 provides that the county superintendent may revoke a certificate 
 for any reason which would have justified the withholding thereof when the same 
 was given, provided that there shall be an investigation, of which the teacher 
 shall have personal knowledge and be permitted to be present and make defense. 
 
 It must be left entirely to the judgment of the county superintendent to 
 determine what are the essential qualifications for governing and instructing 
 children and youth. No court will attempt to control his discretion in this mat- 
 ter. He may conclude that the teacher fails through laziness, moroseness of 
 temper, want of self-control, or by reason of some marked physical defect con 
 cealed at the time of examination, or any one of many other points, without in the 
 least impeaching the moral character of the teacher, or his technical knowledge 
 of the branches to be taught. 
 
 We are compelled to hold that the county superintendent had full and com- 
 plete jurisdiction of the case at bar. 
 
 The law provides that the teacher shall have the fullest opportunity to make 
 Ms defense. The county superintendent was occupied nine days in trying this 
 case. There can be no doubt that this provision of the law was complied with in 
 every particular. 
 
 The only other point to be determined concerns the abuse of discretion on the 
 part of the county superintendent. A careful review of all the papers sent up in 
 the transcript fails to show any passion, prejudice or malice on his part. We 
 find that the proceedings were regular and in accordance with the law. 
 
 The counsel for Mary Gregory submits a large number of errors on the part of 
 the county superintendent, but we cannot find that any one of them is vital to the 
 case. The rulings made by the county superintendent have no material effect on 
 the final decision of the case, and the exceptions of the plaintiff are passed over. 
 Special reference is made to the case of Dougherty v. Tracy, page 17, S. L. Dec. 
 1892, in which this whole subject is thoroughly and fully discussed by one of the 
 ablest men who ever occupied this office. 
 
 The same discretion which the county superintendent has in issuing a certifi- 
 cate, he possesses in revoking it. The supreme court has held that it cannot 
 control such discretion, or substitute its own judgment for that of the officer. 
 See 52 Iowa, 111. It is not for us to say that Mary Gregory is or is not a fit person 
 to teach in the schools of Polk county. The law vests that right in the discre- 
 tionary power of the county superintendent, and he must assume the responsi- 
 bility. Unless a marked abuse of his discretionary power is clearly and conclu- 
 sively proved, his action in refusing or revoking a certificate will not be interfered 
 with on appeal. See Walker v. Crawford, page 115, S L. Dec. 1892 
 
 After a careful consideration of all the points involved, we find no reason 
 to warrant reversing the action of the superintendent. AFFIRMED. 
 
 I HENRY SABIN, 
 
 September 26, 1895. Superintendent of Public Instruction. 
 
SCHOOL LAW DECISIONS. 71 
 
 E. E. AMSDEN v. INDEPENDENT DISTRICT OF MACEDONIA 
 Appeal from Pottawattamie County. 
 
 AFFIDAVIT. The affidavit may be amended when such action is not prejudicial 
 to the rights of any one interested. 
 
 AFFIDAVIT. Must be accepted, if sufficient to give the appellant a standing. 
 APPEAL. Mere technical objections should not prevent the fullest presentation 
 of the merits of the case, in the trial of an appeal. 
 
 TESTIMONY. Sufficient latitude should be allowed in the introduction of testi- 
 mony to permit a full presentation of the issues involved, even if irrelevant 
 testimony is occasionally admitted. 
 
 There are certain facts in this case concerning which there is no disagree- 
 ment. The board of directors contracted on the 26th day of March, 1895, with E. 
 E. Amsden, to teach upon terms clearly set forth in the contract as signed by 
 both parties. Concerning the validity of this contract there is no doubt 
 expressed. 
 
 Upon the 5th day of July the said Amsden had a hearing before the board, 
 upon definite and well specified charges. He was duly notified of these charges, 
 was present both himself and by counsel at the time of trial, and was allowed to 
 make his defense. The board took time for deliberation, and finally on the 8th 
 day of July, made an order annulling the contract, and in effect discharging the 
 teacher. From this decision Mr. Amsden appealed to the county superintendent, 
 who on the 3d of September, rendered a decision dismissing the case on account 
 of the legal insufficiency of the affidavit. 
 
 There are only two questions involved. Was the original affidavit sufficient to 
 enable the county superintendent to assume jurisdiction of the case? And could 
 the affidavit be amended at the time of trial? 
 
 It must be held that the lapse of thirty days from the making of the order 
 sought to be appealed from does not affect in any way the right of the appellant 
 to amend his original affidavit. If he offered his amendment at the time of trial, 
 he complied with the usual practice. Whether the amendment should be 
 admitted depends upon its nature. If it set up a new and distinct issue, one not 
 involved in any way in the original affidavit, then the county superintendent 
 should refuse to allow the amendment to be made. See case on page 141 in S. L. 
 Dec. 1884. An amendment is, however, admissible when it tends to correct 
 mistakes or to make clearer or more explicit the charges contained in the origi- 
 nal affidavit. See case on page 25, S. L. Dec. 1892, In the case at bar the 
 amended affidavit introduces no new issue and does not in any way prejudice the 
 rights of any person. We think the county superintendent committed error in 
 refusing to admit the amendment. 
 
 Now as to the original affidavit. We do not understand what is meant by the 
 term legal insufficiency. It is to be remembered that no very definite rules have 
 been or can be adopted for the trial of cases before the county superintendent. 
 This department has always held that the system of appeals was intended as a 
 speedy and inexpensive method of adjusting school difficulties. See case on page 
 25, S. L. Dec. 1892. The supreme court has held that it "is abundantly manifest 
 that the legislature designed to afford an inexpensive and summary way of dis- 
 posing of these cases." See 68 Iowa, 161 Mere technicalities cannot be allowed 
 to intervene to defeat the ends for which the system of appeals was instituted. 
 
 The appellant sets forth in his affidavit that the board acted through passion 
 and prejudice, and that he did not have the fair and impartial trial guaranteed to 
 him by section 1734. On these as well as on other grievances set forth in the 
 affidavit v the appellant has the right to be heard before the county superin- 
 tendent, to introduce testimony, and to be heard by himself or his counsel 
 
 The law makes it obligatory upon the county superintendent to hear such a 
 case, to weigh carefully and without prejudice the evidence and the arguments, 
 
72 SCHOOL LAW DECISIONS. 
 
 and to render his decision in accordance with his judgment. This is the more 
 important in such cases, because the teacher has no other remedy in law of which 
 he can avail himself. Through some informality which does not in any way 
 affect the issues in the case, he should not be deprived of his right of appeal. 
 
 We say nothing of the merits of this case. We know nothing of them. We 
 believe the affidavit of appeal was sufficient to give the appellant a standing 
 before the county superintendent, and that is the only point upon which we are 
 called to pass. 
 
 The case is remanded to the county superintendent, with directions to fix a 
 time of hearing the same within fifteen days from the date of this decision, and to 
 notify all concerned, that they may be present. REVERSED AND REMANDED. 
 
 HENRY SABIN, 
 
 November 21, 1895. Superintendent of Public Instruction. 
 
 D. C. MCKEE v. DISTRICT TOWNSHIP OF GROVE. 
 Appeal from Humboldt County. 
 
 SUBDISTRICT BOUNDARIES. When an action has been reversed by the county 
 superintendent, and that decision affirmed by the superintendent of public 
 instruction, the board cannot act again until a material change has taken place. 
 SCHOOL-HOUSE SITE. When purchased need not necessarily be upon a highway 
 DISCRETIONARY ACTS. An appellate tribunal is not to decide mainly whether 
 the action complained of was wise, or the best that might have been taken, but 
 simply whether a reversal is required by the evidence 
 
 In this case the board on September 16, 1895, made two orders. By the first of 
 these it divided subdistrict number 7 in said township into two subdistricts, to be 
 known as number 7 and number 9, and established the boundary line between 
 them. By the second action it ordered the removal of the schoolhouse, now 
 located on section 34, township 92 north, range 28 west, removed and located on 
 section 33, township 92 north, range 28 west, on the Sherman and Dakota road, 
 and authorized the president to draw an order for the payment of the same on 
 report of the committee. 
 
 From these two actions, D. C. McKee appealed to the county superintendent, 
 who reversed both actions of the board and relocated the schoolhouse on the old 
 site. From the order removing the schoolhouse D. C. McKee takes an appeal to 
 the superintendent of public instruction. The former action of the board divid- 
 ing the subdistrict and reversed by the county superintendent is not in the case. 
 This simplifies, the matter and leaves as the only point to be considered, the dis- 
 cretionary act of the board in ordering the removal of the building to the new site. 
 
 The district as at present constituted is four and one-half miles from east to 
 west in extreme length. The two schoolhouses stand within a mile of each other. 
 
 There are several points brought in by the county superintendent and in the 
 arguments of the attorneys which need but a brief notice. It appears that at a 
 previous meeting of the board it took action removing the schoolhouse to a site 
 near the present new site, which action was reversed by the county superintend- 
 ent, and that there has been no material change in the district since that. This 
 does not act as a bar in any sense to the present proceedings For a full discus- 
 sion of this point see P. O'Connor Jr., v. District Township of Badger, page 108, S. 
 L. Dec 1892. 
 
 The only case in which the board cannot act again without a material change 
 is when a former action has been reversed by the county superintendent, and. on 
 appeal to the superintendent of public instruction, has been affirmed. In the 
 case at bar the county superintendent reversed, the action of the board but appeal 
 was not taken to the superintendent of public instruction. 
 
 Much stress has been laid also upon the question whether the road upon which 
 the new site is located is a highway in the sense intended by the law. Section 
 1826 has reference to a case in which the board condemns a piece of land for 
 
SCHOOL LAW DECISIONS. 73 
 
 schoolhouse purposes. But when said site is purchased by the board the provis- 
 ions of sections 1825-1826 do not apply. See also for a full discussion of this point, 
 case H. D. Fisher v. District Township of Tipton pag-e 86, S, L, Dec. 1892. 
 
 If the site selected and purchased should be inaccessible, it might be a case 
 warranting the reversing of the board, but in the case at bar the site purchased 
 by the board is on a highway, which both parties acknowledge has been traveled 
 more or less for at least nine years. 
 
 This leaves the only point for consideration whether the board abused its dis- 
 cretion in ordering the removal of the schoolhouse. The location of the school- 
 house is a matter entirely within the discretionary power of the board. Its action 
 ought not to be reversed by the county superintendent without the clearest proof 
 that it has acted through passion or prejudice or from some improper motive. 
 There is nothing in this case whatever to show that the board was not endeavor- 
 ing to do what it believed to be for the best interests of all the people of the sub- 
 district. The vote in the board stood four in favor of removal and one opposed. 
 
 We cannot discover that there are any reasonable grounds for reversing its 
 action. We are not called upon to decide whether it acted wisely or unwisely 
 but simply and solely whether there is sufficient evidence to warrant the county 
 superintendent in reversing its action on the grounds of abuse of discretion. We 
 regret very much that we are obliged to reverse the action of the county super- 
 intendent, and do not doubt that he acted according to his best judgment. We 
 are, however, compelled to decide that the board did not in any way so abuse its 
 discretion as to warrant an interference. REVERSED. 
 
 x HENRY SABIN, 
 
 February 8, 1896. Superintendent of Public Instruction. 
 
 J. H.WINGET v. INDEPENDENT DISTRICT OF WELDON. 
 Appeal from Decatur County. 
 
 APPEAL. Will not lie from neglect or failure to act. There must be a recorded 
 action in the matter complained of. 
 
 This appeal was taken from the neglect of the board of Weldon to act as asked 
 for upon petition signed by J. H. Winget and others. 
 
 This department has always held that an appeal will not lie from the neglect 
 or failure of a board to act upon a petition. The proper remedy in such a case is 
 not appeal, but an application to a court for a writ to compel the board to take 
 some action. 
 
 The case is dismissed for want of jurisdiction. REVERSED AND DISMISSED. 
 
 HENRY SABIN, 
 
 March 3, 1896. Superintendent of Public Instruction. 
 
 HUGH MCMILLAN v. DISTRICT TOWNSHIP OF WAVELAND. 
 Appeal from Pottawattamie County. 
 
 BOARD OF DIRECTORS. It is the first duty of a board to co-operate with and 
 assist the teacher in the conduct of the school. 
 
 TEACHER. A teacher may justly claim and expect to receive, the assistance and 
 advice of the board, and especially the help of his own subdirector, in the proper 
 conduct of his school. 
 
 BOARD OF DIRECTORS. In exercising its power in a semi-judicial capacity, the 
 board should be able to show the very best reasons for its conclusions. 
 TEACHER. It is alike due to the dignity of the board and the rights of the teacher 
 that no one should be discharged except after thorough investigation and the 
 clearest proof. If possible, the teacher should be shielded from the stigma of 
 discharge. 
 
 After a trial, conducted in accordance with law, the board, by a vote of three 
 to two in a board of nine members, discharged the teacher for incompetency, in 
 accordance with the provisions of section 1734. Hugh McMillan appealed to the 
 
74 SCHOOL LAW DECISIONS. 
 
 county superintendent, who reversed the order of the board. John W. Rush, 
 president of the board, appeals here. 
 
 The proceedings of the board in this case were entirely regular, and it is not 
 claimed that the law was violated by it in any particular, as to its manner of pro- 
 ceeding. The question to be determined by us is, was the county superintendent 
 warranted in finding that the board abused its discretion to that extent to require 
 a reversal of its action in discharging the teacher. 
 
 The testimony discloses a very undesirable condition in the school in question, 
 as to the matter of discipline and the behavior of the scholars. The testimony 
 discloses the fact that many of the older scholars, instead of being an assistance 
 to the teacher, and a credit to themselves and their parents, were insubordinate, 
 disobedient, and disrespectful to the teacher. The testimony also discloses that 
 the subdirector, instead of assisting the teacher in maintaining discipline and 
 good order in the school, withheld that support so much needed by any teacher 
 under such circumstances. It is not shown nor is it claimed that any of the board 
 had visited the school for the purpose of aiding' the teacher in enforcing rules for 
 its government, as it is required to do by the first part of section 1734. Nor did 
 the subdirector visit his school, as he is required to do by the latter part of 
 section 1756. 
 
 The testimony in the case is to the effect that after the incorrigible scholars 
 were dismissed the teacher was much more successful in his work. We cannot 
 find from the testimony that the teacher failed in any important particular to 
 attempt to do his full duty by his school, and to regard equally the rights of 
 every scholar. Under all circumstances, we think it is the first duty of any board 
 to co-operate with and assist the teacher in the conduct of his school. This is the 
 duty of the local subdirector in a peculiar sense, as he is in close relation to his 
 own school and his teacher. A teacher may justly claim and expect to receive, 
 the assistance and advice of the board, and especially the help of his own subdi- 
 rector, in the proper conduct of his school. See case on page 135, S. L. Dec. 1892. 
 It is often the case that a little timely assistance, offered at the right time and in 
 the proper spirit, will aid a teacher very materially in maintaining good order 
 and discipline in his school, and in preventing many difficulties from arising, 
 which might under a different course, almost certainly tend to injure the effi- 
 ciency of the school. 
 
 In this case, two of the five members present at the trial voted to discharge the 
 teacher, two voted in the negative, leaving the casting vote with the subdirector 
 of the school, who, as we have seen, was out of sympathy with the teacher, and 
 had failed to afford his assistance to a successful management of the school. 
 While it is true that in general the discretionary acts of a board are entitled to 
 great weight, yet it is also true that in exercising its power in a semi-judicial 
 capacity, the board should be able to show the very best reasons for its conclu- 
 sions. Except upon the clearest proof, and the most convincing reasons apparent 
 to the board that the good of the school demands the discharge of the teacher, 
 a teacher should be shielded from the stigma of discharge, and the authority of 
 the board and the respect due the board and its teachers, should be maintained, 
 by a decision on the part of the board to assist and support the teacher in bringing 
 his school to a conclusion as nearly as possible satisfactory to the board and cred- 
 itable to himself. The decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 May 20, 1896. Superintendent of Public Instruction. 
 
 S. B. HEATH v. DISTRICT TOWNSHIP OF IOWA. 
 from Wright County. 
 
 COUNTY SUPERINTENDENT. On appeal may do no more than the board might 
 have done. 
 
SCHOOL LAW DECISIONS. 75 
 
 INDEPENDENT DISTRICT. The boundaries outside the town plat depending- upon 
 the petition of the electors, such boundaries may not be fixed until petitioned for. 
 
 This is a case arising under the amendment to section 1800 made by the twenty- 
 fifth general assembly It is the effect of this amendment that when a town or 
 village has less than two hundred inhabitants and not less than one hundred 
 inhabitants, the territory contiguous to such town plat may not be included in 
 the proposed independent town district except on a written petition of a majority 
 of the electors residing upon such territory outside the town plat. 
 
 In this case the board refused to fix the boundaries of a contemplated inde- 
 pendent town district. From its order appeal was taken to the county superin- 
 tendent who reversed the order of the board and fixed the boundaries of a con- 
 templated independent district, but different from the boundaries asked for in 
 the petition presented to the board from the electors residing outside the town. 
 
 Without considering any of the other merits of the case it becomes necessary 
 to inquire whether the county superintendent might in reversing the order of the 
 board', fix different boundaries than those petitioned for by the majority of the 
 electors residing upon the outside territory. We find that the territory included 
 in the contemplated district by the order of the county superintendent excludes 
 at least, four and one-half sections that were before included. .Did the county 
 superintendent have power to fix different boundaries for the outside territory 
 from those petitioned for when application was made to the board, without first 
 himself having a written petition from a majority of the resident electors upon 
 the territory outside the town which said county superintendent included within 
 the contemplated independent district? We think he did not. If our view is 
 correct it is decisive of the case and we will be compelled to reverse the county 
 superintendent's decision. 
 
 Not many cases have arisen under the amendment to section 1800, found in 
 chapter 38, Laws of 1894. But it seems to us that there can be no doubt as to the 
 intention of the general assembly to require that before territory outside a town 
 or village of over one hundred and of less than two hundred inhabitants may be 
 included within a contemplated independent town district, a majority of the 
 electors must consent that such boundaries may be fixed. Any other conclusion 
 would seem to defeat the purposes of the amendment. It is not reasonable to urge 
 that the county superintendent would have greater power on appeal than the 
 board would have. 
 
 It will be noticed that this decision has no reference whatever to the merits of 
 the case as to the boundaries which should be fixed for a town independent district. 
 That matter is still within the discretion of the board under the limitations of 
 the law. REVERSED. 
 
 HENRY SABIN, 
 
 August 3, 1896. Superintendent of Public Instruction. 
 
 J. E. KLEIN v. INDEPENDENT DISTRICT OF OSKALOOSA. 
 Appeal from Mahaska County. 
 
 BONDS. If a large portion of the people desire to vote upon issuing bonds, the 
 board should submit such a proposition. 
 
 CERTIORARI. The best remedy of any one believing that the law has been 
 violated, is application to a court for relief. 
 
 On the 22d day of June, 1896, the directors of the above named district unan- 
 imously adopted the following resolution: 
 
 Resolved, That the question of issuing bonds of this district in an amount not 
 exceeding $30,000, for the purpose of constructing a public school building, shall 
 be submitted to the voters of this district on Thursday, July 2, 1896, at the court 
 house. The polls to be open from 9 A. M. to 7 P. M., of said day. 
 
76 SCHOOL LAW DECISIONS. 
 
 The usual notices were posted by the secretary in five places, as required by 
 section 1742. The notices specified the date and place of the election, the hours 
 during which the polls should be open and the manner of voting. It provided 
 that those voting on this proposition should have written or printed in their 
 ballots: "For the issue of bonds Against the issue of bonds." That the pre- 
 liminary proceedings of the board were strictly in accordance with the require- 
 ments of the law is not questioned by any one. 
 
 On the 2d of July, pursuant to the notice, an election was held in the super- 
 visors' room at the court house, the usual place of holding the school meeting of 
 the district. The records show that the polls were opened at 9 A. M. and closed 
 at 7 P. M. The returns were canvassed at the close and showed that there were 
 1,443 votes, out of which 900 were for issuing bonds and 543 against the same. 
 The returns were signed by three judges, members of the board, and by two 
 clerks, one of whom was the secretary of the board. 
 
 In the meantime several citizens assembled about 9 A. M. of the same day in 
 the court room of the same building and organized a meeting by choosing* Mr. 
 McMillen president and Lew Shangle as secretary, the president and secretary 
 of the board not being present. The proposition to issue $30,000 in bonds for the 
 purpose set forth in the notice was defeated by a rising vote. The president and 
 secretary were instructed to furnish a copy of the proceedings of the meeting to 
 the officers of the board of directors. The meeting then adjourned sine die at 
 9:45 A. M. The transcript shows that this meeting was in session less than forty- 
 five minutes, and that some of the voters participating in its proceedings voted at 
 the meeting held in the supervisors' room. 
 
 All the points that are concerned in the case may very readily be condensed 
 into two statements: 
 
 1. It is alleged that the board exceeded its jurisdiction in calling a special 
 election of the voters to vote on the question of issuing bonds, as no schoolhouse 
 has been destroyed and there is plenty of room in buildings now erected to 
 accommodate all the pupils attending the schools. See section 1807i. 
 
 We are compelled to hold that the questions thus raised are not in this case. 
 Section 1807i was evidently intended as supplement to section 1807, and provides 
 a way by which a building destroyed by fire or otherwise may be replaced at the 
 earliest possible moment. We do not believe that the law will bear the construc- 
 tion which the counsel would have us place upon it, that the special meeting 
 mentioned in section 1822 can only be called under the circumstances set forth in 
 section 1807i. 
 
 The matter of school accommodations is left to the judgment of the board of 
 directors. The law supposes that these men are elected because of their intelli- 
 gence and fitness for the position, and that while they will carefully see to it that 
 the schools under their care do not suffer for anything necessary to the progress 
 or comfort of the school, they will not impose an unnecessary burden upon the 
 taxpayers of the district. The board cannot, however, levy a tax for school- 
 house purposes or issue bonds to erect buildings, unless the voters of the inde- 
 pendent district have first voted a schoolhouse tax or have by an affirmative vote 
 directed that bonds shall be issued. Section 1822 is evidently intended to pro- 
 vide a way by which the directors may submit to the people of the independent 
 district at any time the question of issuing bonds for the purpose of providing 
 suitable school accommodations for the school district. To put any other con- 
 struction upon this section or to admit that an action under it is subject to be 
 arrested by the long and tedious process of appeal is to wrest from the board the 
 power, by a legal method, to consult the voters upon matters intimately con- 
 nected with the welfare of their dearest interests. 
 
 We regard the construction to be placed upon section 1822 of the gravest 
 importance. In June, 1894, we submitted to Hon. John Y. Stone, then attorney- 
 general of the state, the following question. 
 
SCHOOL LAW DECISIONS. 77 
 
 "Is it entirely optional with a board whether it will submit the question of 
 issuing bonds? That is, if very many of the electors desire to have the question 
 of issuing bonds voted upon, and the board fails to call a special meeting of the 
 electors for that purpose, have the electors any remedy?" 
 
 We 'quote his answer: 
 
 " In regard to your question, I will say that I am inclined to think that the mat- 
 ter of submitting to the electors of the district a proposition to issue bonds is not 
 entirely optional with the board of directors, although the question is one of 
 great nicety and difficulty. The words of section 1822 in regard to the submis- 
 sion of such a question are that ' the directors of any independent district may 
 submit to the voters of their district at the annual or a special meeting, the ques- 
 tion of issuing bonds as contemplated by the preceding section,' etc. In matters 
 where the public or an individual has an interest where a statute is by its 
 terms permissive, the courts have often held that it is mandatory. The supreme 
 court of the United States, in the case of Supervisors v. United States, 4 Wall, 446, 
 says: ' The conclusion to be deducted from the authorities is that where power is 
 given to public officers, in the language of the act before us, or in equivalent 
 language, whenever the public interest or individual rights call for its exercise 
 the language used, though permissive in form, is in fact peremptory.' In the case 
 you mention the remedy of the people of the district would be by action of man- 
 damus, and I am inclined to think that in a case where it would clearly appear to 
 the court that the interests of the people of the district demanded that such a 
 proposition be submitted and that a large proportion of the people of the district 
 demanded its submission, the board could be compelled to take the action pro- 
 vided for in section 1822. 
 
 ' ' This conclusion is the best I have been able to come to after giving the ques- 
 tion careful consideration. The question is a very doubtful one and very difficult 
 to reach a satisfactory conclusion upon." 
 
 It will be seen from the above that this is a very difficult question to deter- 
 mine. We have given this matter careful thought and consideration, and follow- 
 ing the line of thought in the above opinion, we cannot reach any other conclu- 
 sion than that if there is any remedy for such an action by the board as is con- 
 templated in section 1822 it must be found in the courts of law and not in appeal 
 to the county superintendent. 
 
 2. The county superintendent indicates in her decision that she has some 
 doubts as to her jurisdiction, but determines to hear the case upon the supposi- 
 tion that it comes under the "matter of law or fact," section 1829, S. L. 1892. 
 The counsel for the appellant also urges this point very strongly. 
 
 It must be evident to any one that while every appeal must be based upon an 
 alleged grievance relating to some matter of law or fact, it does not necessarily 
 follow that every matter of law or fact can be reviewed by the county superin- 
 tendent. Section 1836 provides that the county superintendent cannot render a 
 judgment for money. This has for years been construed to mean that no appeal 
 will lie when the validity of a contract, or a money consideration in any other 
 form, is involved. 
 
 The supreme court has held in several cases that the right or title to office 
 will be determined only by information in the nature of a quo warranto as pro- 
 vided by sections 3345-3352, code. See 17 Iowa, 525, and 22 Iowa, 75. 
 
 In this case, if it was believed that the board acted in violation of law in 
 calling the meeting to vote the bonds, or afterward in proceeding in accordance 
 with the vote, the remedy of any one so aggrieved was certiorari. This would be 
 the manner of proceeding necessary to have the illegal order of the board set 
 aside, See 55 Iowa, 215. 
 
 In 1880 Hon. C. W. von Coelln, then superintendent of public instruction, in the 
 preface to the school law decisions, instructs county superintendents as follows: 
 
 4i Since Section 1835. OOCle. ma.kfiS t,hp. rlppisinn nf t.Viie Honavt.rnonf final anr\ CMQ 
 
78 SCHOOL LAW DECISIONS. 
 
 sections 3345-3352 provide for a writ in the nature of a quo warranto to determine 
 the right or title to office or the right of a corporation to exist, county superin- 
 tendents should refuse to entertain any appeal which is prosecuted to determine 
 either of these points." 
 
 In matters pertaining to the validity of district organization, this department 
 has always held that the county superintendent has no jurisdiction, and in this 
 we are upheld by the decisions of the supreme court. See 34 Iowa, 306, and 29- 
 Iowa, 264. 
 
 These points are very fully argued in the case of David Ockerman v. District 
 Township of Hamilton, page 56, S. L. Dec. 1876, and in the case of JV V T. Bowen 
 v. District Township of Lafayette, page 124, S. L. Dec. 1876 We can see no good 
 reason for departing from this long line of precedents, which have been uniformly 
 followed by this department for many years. 
 
 Following the same line of reasoning as in the case quoted above, and which 
 has been acquiesced in by each of our predecessors in turn, we come to the con- 
 clusion that in the case at bar the county superintendent did not have jurisdic- 
 tion. She should have dismissed the case. We come to this decision the more 
 reluctantly because we know that she endeavored to do her duty fearlessly and 
 honestly. 
 
 The legality of this election involves the validity of the bonds voted at that 
 time, a question too weighty to be attacked by indirect or collateral proceedings. 
 It may be said here that our county superintendents, while fitted for their- 
 especial work, are not supposed to be learned in the law, or at home in determin- 
 ing legal questions. 
 
 If we were to hold that in hearing appeals any and every grievance in law or- 
 fact could be reviewed by county superintendents, we should burden them with a, 
 vast amount of labor not hitherto belonging to the office, and to that extent 
 impair their usefulness. Such labor would be unproductive, as most cases, even 
 then, would find their way to the courts for ultimate settlement. The law pro- 
 vides a better and more satisfactory way by which such cases can be determined. 
 
 REVERSED AND DISMISSED. 
 HENRY SABIN, 
 
 October 3, 1896. Superintendent of Public Instruction. 
 
 CHARLES AND ANNA HELMS v. INDEPENDENT DISTRICT OF ]\IADRID. 
 Appeal from Boone County. 
 
 BOARD OF DIRECTORS. To warrant reversing a discretionary act, the evidence 
 must be conclusive that the large discretion of the board has been abused. 
 RESIDENCE. The board may adopt any course it sees fit, and make a decision 
 from any fair and impartial method of obtaining information bearing upon the 
 question of residence. 
 
 SCHOOL PRIVILEGES. The board has authority to determine when and upon what 
 terms non-residents may attend school. 
 
 The affidavit in this case sets forth that the appellants are aggrieved in that 
 they are deprived of school privileges in the independent district of Madrid, by 
 vote of the board, except upon the payment of tuition. It is agreed that they are 
 the minor children of parents who reside outside the limits of said independent 
 district. The case turns entirely upon the actual residence of said Charles and 
 Anna Helms. This was the question which the board had before it for deter- 
 mination. 
 
 The attorney-general has decided that the board may adopt any course it sees 
 fit and make a decision from any fair and impartial method of obtaining- informa- 
 tion bearing upon the point at issue, provided it acts in good faith with a view of 
 getting the exact truth and of making- its decision according to the very right of 
 the matter. 
 
SCHOOL LAW DECISIONS. 79 
 
 In the case at bar the board acted with great deliberation. There is no evi- 
 dence that it was prejudiced, or actuated by wrong motives. Neither did it in 
 any way violate the law. It is evidently honest in its decision that the appellants 
 are sojourning in the district temporarily for school purposes only, their actual 
 residence being elsewhere. 
 
 The board is presumed to be acquainted with all the facts in the case. We 
 can find no reason which would have justified the county superintendent in disturb- 
 ing its action. The decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 December 24, 1896. Superintendent of Public Instruction. 
 
 LETHA JACKSON v. INDEPENDENT DISTRICT OF STEAMBOAT ROCK. 
 Appeal from Hardin County. 
 
 TEACHER. Full opportunity must be afforded the teacher to make defense against 
 
 charges. 
 
 BOARD OF DIRECTORS. Is required by the law to visit the school and to aid and 
 
 sustain the teacher in maintaining order and discipline. 
 
 TEACHER. Should not employ unsuitable and unusual methods of punishment. 
 
 On the 28th day of November, 1896, the board voted to discharge from its 
 employ, Miss Letha Jackson, the teacher in the intermediate room of its school. 
 The reason, as spread upon the record, is that she inflicted inhuman and cruel 
 punishment upon her pupils, especially upon Minnie Platts. An appeal was taken 
 to the county superintendent who reversed the order of the board. Appeal was 
 then taken to the superintendent of public instruction. 
 
 There is no doubt from the testimony sent up with the transcript that Minnie 
 Platts was insolent and disobedient, and also that the teacher failed to control 
 herself, and that they engaged in an unseemly squabble in the presence of the 
 school. It is also evident that the teacher was accustomed to use methods of pun- 
 ishment which are, at the best, not customary in well disciplined schools. Much 
 of the testimony is conflicting, and that part of it relating to matters which 
 occurred under a previous contract cannot be allowed to have any weight in 
 determining this case. 
 
 The contract, as placed in evidence, specifies that the teacher shall not make 
 use of any cruel or unusual punishment in the discipline of the school. Whether 
 she violated the contract in this respect is a matter to be determined by the 
 board, and in doing so it may avail itself of any sources of reliable information 
 within its power. The notice sent to the teacher, November 23, 1896, charges as 
 follows, "for inhuman and unjustifiable punishment of pupils by pinching, pulling 
 their ears, pulling their hair, and pounding their heads and faces with your fists, 
 and pounding their heads on the wall, floor, and seats of the schoolroom with 
 your fists." November 28 sho was notified by the secretary that she was dis- 
 missed from the school. At a meeting of the board held November 27, the pres- 
 ident appointed the entire board an investigating committee. It appears that it 
 carried on its investigation by questioning the pupils in Miss Jackson's room, 
 and that its vote to dismiss her was based entirely upon information obtained in 
 this way, as appears in the records of November 27. This method placed the 
 teacher at an immense disadvantage. It would at least have been just to have 
 examined these pupils in her presence, and that she should have been allowed to 
 correct their misstatements, if any, and to give the investigating committee her 
 ~wn account of the matter. We cannot consider this an impartial method of con- 
 ducting an investigation against a teacher. Justice would seem to demand thah 
 she should have been furnished a copy of the findings of this committee, and 
 should have been given a reasonable time in which to prepare her defense. The 
 
30 SCHOOL LAW DEClSlOJNb. 
 
 board places on file the unanimous report of this investigating committee recom- 
 mending that the teacher be discharged. It, in effect, finds her guilty and asks 
 her to show cause why sentence should not be pronounced. 
 
 Now, as to Miss Jackson's failure to appear before the board. Her physician 
 sent a certificate to be read at the first meeting, stating that she was not able to 
 attend on account of sickness. At the same meeting her attorney, Mr. Albrook, 
 in a letter, asks that the board appoint Monday afternoon as a time for hearing 
 the case. It appears to have been a reasonable request and should have been 
 granted in justice to all parties. That Miss Jackson sent her statement denying 
 the charges and averring that she, by her conduct, had given the board no occa- 
 sion to investigate, furnishes an additional reason and a very strong one why she 
 should have been given the opportunity to be heard by counsel of her own choos- 
 ing. We do not think that the board intended by an early adjournment to shut 
 her counsel out Saturday night, but it ought to have shown an anxiety to have 
 him present if possible, in order that it might ascertain the very right and justice 
 of all parties in the case. Miss Jackson could very justly plead that her pres- 
 ence would avail nothing after the board had before it a report signed by every 
 member of that tribunal, saying that she ought to be dismissed from her school. 
 The board seems also to have forgotten that the law makes it its duty to visit the 
 school and to aid and sustain the teacher in her efforts to maintain order and dis- 
 cipline. It has duties on the side of the teacher as well as on that of the pupils 
 or the community at large. 
 
 We do not wish to be understood as upholding a teacher in the methods of 
 punishment which appear in this case. To pull the hair or the ears of pupils, or 
 so strike them with the fists, are relics of another age of school government, and 
 cannot be justified to-day. We only reach the conclusion that the teacher did not 
 have that fair and impartial trial before the board that is contemplated in the 
 law. Therefore the decision of the county superintendent is AFFIRMED. 
 
 HENRY SABIN, 
 
 April 7, 1897. Superintendent of Public Instruction. 
 
 R. ODENDAHL ET AL. v. DISTRICT TOWNSHIP OF GRANT. 
 Appeal from Carroll County. 
 
 APPEAL. Will not lie from joint action of boards making settlement of assets 
 and liabilities. 
 
 COUNTY SUPERINTENDENT. Should dismiss an appeal as soon as it becomes cer- 
 tain that the leading issue may be heard and decided only by a court of law. 
 JURISDICTION. It is very undesirable to bring matters involving a money con- 
 sideration before the county superintendent on appeal. 
 
 Certain territory in the civil township of Grant and part of the independent 
 district of Carroll was restored to the district township of Grant. A settlement 
 of assets and liabilities between the two districts necessarily followed. Robert 
 Odendahl and others were aggrieved with the conclusions reached by the two 
 boards, and took an appeal to the county superintendent, who reviewed the ques- 
 tions presented to him, finding in effect as to the time when the territory did 
 actually become a part of the district township of Grant, as to the disposition of 
 taxes during a period when the control of such territory was in controversy, and 
 also whether the agreement entered into by the boards should be changed by him. 
 
 The first question we are required to consider is whether the county superin- 
 tendent had jurisdiction to hear the case. If we find that he did not have juris- 
 diction, it will of course be impossible for us to review the questions he deter- 
 mined, and we shall be compelled to dismiss the case for want of jurisdiction. 
 
 It has been the uniform opinion of this department that appeal will not lie from 
 the joint action of boards in making the settlement of assets and liabilities required 
 
SCHOOL, LAWS DECISIONS. 81 
 
 by section 1715, but that the only remedy, if the law affords relief, would be an 
 action in court to protect the rights of the persons complaining. In order that 
 the matter might be more authoritatively determined, so that this case may be a 
 guide to school officers, we submitted an inquiry to the attorney-general, and 
 quote briefly from his reply: 
 
 "Your favor came duly to hand, requesting my opinion upon the following 
 question: 
 
 When two boards have made a division of assets and liabilities, under section 
 1715 of the code, will a person claiming the settlement to be inequitable and 
 insufficient as to the amount agreed upon have the right to appeal to the county 
 superintendent from such agreement; that is, from such joint action of the boards 
 taken as provided in section 1715, will an appeal lie? 
 
 "The section in question provides that the respective boards shall make an 
 equitable division of the then existing assets and liabilities between the old and 
 the new districts; it also provides that in case of the failure to agree the matter 
 may be decided by arbitrators chosen by the parties in interest. It has been held 
 by our supreme court that under this section the boards of directors become a 
 special tribunal for the determination of the respective rights of the parties. And 
 it is held that this tribunal thus constituted has exclusive jurisdiction. The 
 action of the special tribunal, consisting of the several boards of directors, is not 
 the action or order of a board of directors, but an order of a special court for the 
 determination of the rights of the several new districts with reference to the 
 assets and liabilities of the old district of which they formed a part. The statute 
 does not give an appeal from such tribunal. My conclusion is that a right of 
 appeal does not exist and a person claiming the settlement to be inequitable has 
 no right of appeal to the county superintendent." 
 
 The opinion of the attorney-general is decisive of this case. We think there 
 are many added reasons why questions of this kind should not be heard on appeal 
 before the county superintendent. That officer should not be compelled to review 
 matters involving the jurisdiction over territory, the disposition of taxes, or the 
 right and justice of a finding of boards upon a settlement of assets and liabilities. 
 But these a court may very properly do, as its jurisdiction for such purposes is 
 not questioned, and the precedents for the control of the courts over this class of 
 cases are well established. It is very undesirable to attempt to bring matters 
 involving a money consideration before the county superintendent on appeal. As 
 soon as it becomes clearly apparent that the principal issue is of a kind intended 
 by our statutes to be heard and determined only by the courts of law, the appeal 
 should be. dismissed. In this case it was the duty of the boards interested to make 
 a proper settlement. If fraud or other irregularity was urged, perhaps a court 
 would afford relief to a complainant, but an appeal to the county superintendent 
 -would not become a remedy. 
 
 We are compelled to remand this case to the county superintendent with 
 instructions to dismiss the case for lack of jurisdiction. DISMISSED. 
 
 HENRY SABIN, 
 
 June 16, 1897. Superintendent of Public Instruction. 
 
82 INDEX TO APPEAL CASES 
 
 INDEX TO APPEAL CASES. 
 
 PAGX. 
 
 ADDITIONAL SCHOOL. It is the intention of section 1725 (Code, section 2774) 
 that an attendance of at least ten scholars may reasonably be expected .... 34 
 
 AFFIDAVIT. An affidavit is a statement in writing of the errors complained 
 of, signed and made upon oath before an authorized magistrate 5 
 
 The affidavit answers its leading purpose if it sets forth the errors com- 
 plained of with such clearness that the proper transcript may be secured . . 6- 
 
 A technical error in the affidavit not prejudicial to either party will not 
 defeat the appeal 52 
 
 The affidavit may be amended when such action is not prejudicial to the 
 rights of any one interested 52, 71 
 
 Must be accepted if sufficient to give the appellant a standing 71 
 
 APPEAL. An appeal may be taken from the refusal of the county superin- 
 tendent to investigate charges brought against a teacher 12 
 
 A case whose main purpose is to determine the validity of an order on the dis- 
 trict treasury, or the equity of a claim, cannot be entertained on appeal to 
 the county superintendent ; . . 13 
 
 Appeal may not be taken from an action or order complying with the terms 
 of a contract previously made, nor from an action authorizing the issuance 
 of an order in payment of a debt contracted by previous action of the board . 13- 
 
 The execution by the board of the vote of the electors upon matters within 
 their control, is mandatory, from such action of the board no appeal can be 
 taken. If such action is tainted with fraud, an application to a court of 
 law is the proper remedy 17 
 
 The right of appeal is confined to persons injuriously affected by the decision 
 or order complained of. Ordinarily a person living in one subdistrict can- 
 not appeal from an action of the board locating a site in another 18 
 
 The adoption of the committee's report in favor of retaining the old school- 
 house site, is an action from which appeal may be taken 19- 
 
 The action of two boards upon a subject over which they have divided control 
 constitutes a concurrent action, and appeal may be taken only from the 
 order of the board taking action last 27 
 
 May be taken by any resident aggrieved by an action of the board 28 
 
 Failure to file the transcript within the time mentioned in the law will not 
 invalidate the appeal , 34 
 
 The hearing is not to be conducted by a rigid adherence to the technical forms 
 and customs which prevail in the courts 40 
 
 An appellate tribunal may not assume original jurisdiction. The order of 
 the board must be affirmed unless it is proved beyond doubt that a reversal 
 is necessary . 41 
 
 An appeal will lie to determine conclusively whether the provisions of the 
 law have been complied with 44 
 
 Will not lie to control the action of a board or of the county superintend- 
 ent, where concurrence is provided for 44 
 
 A decision may be modified upon proof that a change in its terms is des Able . < 
 
 An appeal will not lie from an order of a board initiating a change in boun*i 
 aries, where the concurrence of the board of an adjoining district is neces- 
 sary to effect the change 4fr 
 
 Where changes are effected in district boundaries by the concurrent action 
 of two boards, appeal may be taken from the order of the board concurring, 
 or refusing to concur, but not from the order of the board taking action first . 46, 57 
 
 It is not intended that the superintendent of public instruction shall hear an 
 appeal case de novo. He is confined to the record of the case as heard before 
 the county superintendent 5O 
 
INDEX TO APPEAL CASES. 83 
 
 PAGE. 
 
 It is not the purpose of an appeal to secure a decision as to which of two sites 
 is preferable, or as to whether a better site might not have been found. If 
 the site chosen is proved to be unsuitable, or an abuse of discretionary 
 power is clearly shown, then the order of the board may be set aside, but 
 not otherwise 50 
 
 May be taken from the action of the board in laying the subject-matter of a 
 petition on the table 68 
 
 Will lie from an action of the board which is made a matter of record 68 
 
 Mere technical objections should not prevent the fullest presentation of the 
 merits of the case, in the trial of an appeal 71 
 
 Will not lie from neglect or failure to act. There must be a recorded action 
 in the matter complained of 73 
 
 Will not lie from joint action of boards making settlement of assets and lia- 
 bilities 80 
 
 ATTENDANCE. An actual resident may not be denied equal school advan- 
 tages with other residents . . . . 67 
 
 BOARD OP DIRECTORS. The board shall be sustained in all legitimate and 
 reasonable measures to maintain order and discipline, to uphold the right- 
 ful authority of the teacher, and to prevent or suppress insubordination in 
 the school 15 
 
 If in the selection of a site the board violates law or abuses its discretionary 
 power, its action may be reversed on appeal 17 
 
 The board, though not bound by a vote of the electors directing the precise 
 location of a schoolhouse site, is required to so locate it as to accommodate 
 the people for whom it is designed 17 
 
 The action of the board cannot be reversed upon the allegations of appellant 
 without proof, or by reason of failure to make defense 18, 19 
 
 The acts of the board are presumed to be regular, legal, and just, and should 
 be affirmed unless proof is brought to show the contrary 18, 19 
 
 The acts of the board must be presumed to be regular, and should be affirmed 
 unless positive proof is brought to show the contrary 21 
 
 After such a decision as prevents any action of the board until some material 
 change occurs, in order that the board may act anew changes of such a 
 character as to obviate to a large extent the objections that previously 
 existed, must have taken place 48 
 
 The board must endeavor to determine the actual intention of the electors, 
 and to carry out their expressed wishes 55 
 
 Its action is presumed to be correct and for the interest of the district, until 
 proved to be otherwise 60 
 
 Has full power to provide and enforce a course of study 64 
 
 May adopt its own course to decide the question of actual residence 67 
 
 In locating a site the board acts wisely in taking into consideration the pre- 
 vailing sentiment of the people 68 
 
 In exercising its power in a semi-judicial capacity, the board should be able 
 to show the very best reasons for its conclusions 73 
 
 It is the first duty of a board to co-operate with and assist the teacher in the 
 conduct of the school 73 
 
 To warrant reversing a discretionary act, the evidence must be conclusive 
 that the large discretion of the board has been abused 78 
 
 Is required by the law to visit the school and to aid and sustain the teacher 
 in maintaining order and discipline 79 
 
 BONDS. If a large portion of the people desire to vote upon issuing bonds, 
 the board should submit such a proposition 75 
 
 BOUNDARIES. Must conform to congressional divisions of land 28 
 
 Of subdistricts, changed between September and March 29 
 
 In the determination of district and subdistrict boundaries, temporary expend- 
 itures and individual convenience should be subordinated to the more 
 important considerations relating to simplicity of outline, compactness of 
 shape, uniformity of size, and permanence of sites and boundaries 53 
 
 CERTIFICATE. The county superintendent may refuse to entertain a petition 
 for the revocation of a teacher's certificate. . 12 
 
84 INDEX TO APPEAL CASES. 
 
 PAGE. 
 
 The county superintendent is charged with the responsibility of refusing to 
 issue a certificate to any person unless fully satisfied that the applicant pos- 
 sesses the essential qualifications demanded of teachers by the law 42 
 
 The county superintendent is his own judge as to how fully he will give the 
 applicant reasons for the refusal of a certificate 42 
 
 The decision of a county superintendent refusing a certificate will not be inter- 
 fered with on appeal unless it appears that he acted from passion or preju- 
 dice 42 
 
 CERTIORARI. A fraudulent or illegal action may be corrected by application 
 to a court for a writ of certiorari 17 
 
 The best remedy of anyone believing that the law has been violated, is appli- . 
 cation to a court for relief 75 
 
 CHARGES. Must be clearly sustained by the evidence 30 
 
 CLAIMS. Just claims against the district can be enforced only in the courts. 11 
 
 CONTESTED ELECTION. The proper method of determining a contested elec- 
 tion for school director is by an action brought in the district court 8 
 
 CONTRACT. It is the province of the courts of law to decide as to the validity 
 of a contract 66 
 
 CONTRACTS. Made by a committee require the approval of the board in ses- 
 sion 11 
 
 COUNTY SUPERINTENDENT. Has no jurisdiction of an appeal until an affi- 
 davit is filed in his office. The appeal must be taken by affidavit 6 
 
 The weight that properly attaches to the discretionary actions of a tribunal 
 vested with original jurisdiction, does not apply to the decisions of an 
 inferior appellate tribunal 19 
 
 May make a conditional ruling, by which his own decision will be governed. 23 
 
 The county superintendent is not limited to a reversal or affirmance of the 
 action of the board, but he determines the same questions which it had 
 determined 23 
 
 A county superintendent should not ask the state superintendent to decide a 
 case on appeal for him, but may ask for an interpretation of law, either by 
 the state superintendent, or through him, by the attorney-general 27 
 
 Examines critically the testimony, to determine whether any good reason is 
 found requiring a reversal of the order of the board 65 
 
 To warrant setting aside the order of a board, its error must appear plainly.. 65 
 
 Does not have the power to interpret the legal value of a contract 66 
 
 Should reverse the action of the board only upon the clearest and most 
 explicit proof of abuse of discretion 68 
 
 Unless a marked abuse of discretionary power is clearly and conclusively 
 proved, his action in refusing or revoking a certificate will not be inter- 
 fered with on appeal 70 
 
 On appeal may do no more than the board might have done 74 
 
 Should dismiss an appeal as soon as it becomes certain that the leading issue 
 may be heard and decided only by a court of law 80 
 
 DISCRETIONARY ACTS. Should not be disturbed except upon evidence of 
 unjust exercise of discretion 5 
 
 The decision of the authority having original jurisdiction is entitled to much 
 consideration 12 
 
 Suggestions from the electors upon matters entirely within the control of the 
 board will in no manner prevent the fullest exercise of the discretion vested 
 in the board by the law 25 
 
 Abuse of discretion is not established by testimony showing that a different 
 action would have been preferred by the electors 29 
 
 Action by the board unduly delaying the final consideration of an important 
 matter, may be regarded as an evidence of prejudice 35 
 
 In the exercise of discretion, the benefit of every reasonable doubt must be 
 given in favor of the correctness of official acts 40 
 
 May not be reversed unless the proof is conclusive. The board must bear any 
 blame that may attach to an inexpedient action 41 
 
INDEX TO APPEAL CASES. 85 
 
 PAGE. 
 
 The county superintendent, having only appellate jurisdiction, should not 
 reverse discretionary acts of the board without explicit and clearly stated 
 proof of the abuse of such discretion, even though not fully approving its 
 action 41 
 
 Unless a marked violation of the large discretion vested in the county super- 
 intendent is proved clearly and conclusively, his action in refusing or 
 revoking a certificate will not be interfered with on appeal 42 
 
 Since the board has original jurisdiction, its discretionary acts should not be 
 interfered with by an appellate tribunal although not agreeing with its 
 judgment, umess the board violated law, showed prejudice or malice, or 
 abused its discretion in such manner as to require interference 50 
 
 The appellate tribunal is required to decide only whether the action com- 
 plained of in the affidavit of appeal is proved to be of such a nature as to 
 compel a reversal of such action 50 
 
 In the absence of proof that the board has abused the authority given it by 
 the law, its orders will uot be set aside, although another decision might 
 to many seem preferable 56 
 
 It is not the province of an appeal to discover and to correct a slight mistake. 
 The board alone must bear any blame that may attach to a choice deemed 
 by appellants somewhat undesirable, but not an unwise selection to such a 
 degree as to indicate an abuse of the discretion ordinarily exercised 56 
 
 To warrant interference with a discretionary act, abuse of discretion must be 
 proved beyond a reasonable doubt 56 
 
 In the determination of appeals, the weight which properly attaches to the 
 discretionary actions of a tribunal vested with original jurisdiction should 
 not be overlooked 60 
 
 The fact that some other action would have been desirable or preferable does 
 not establish that the board abused its discretion 60 
 
 The order complained of is reviewed not to discover the desirability of the 
 action, but to determine whether sound reason and wise discretion were 
 followed 60 
 
 The order of a board should be reversed only upon the plain showing that 
 the law has been violated or discretion grossly abused 64 
 
 An appellate tribunal is not to decide mainly whether the action complained 
 of was wise, or the best that might have been taken, but simply whether a 
 reversal is required by the evidence 72 
 
 DISTRICT ORGANIZATION. The county superintendent has no jurisdiction to 
 determine the validity of district organization 29 
 
 ELECTION. The certificate of the officers of the subdistrict meeting is the 
 legal evidence of election as subdirector, and as a general rule a board of 
 directors is justified in declining to recognize a person as a member of the 
 board until he produces such certificate.^ 8 
 
 EVIDENCE. Where the law requires the evidence of a transaction to be in 
 writing, oral evidence can be substituted only if the writing cannot be pro- 
 duced 8 
 
 To establish malice or prejudice on the part of the board, positive testimony 
 must be introduced, and the evidence must be conclusive 27 
 
 EXPLANATORY NOTES. Notes to the school law, while proper aids to school 
 officers, have not the binding force of law, and a noncompliance with them 
 is not necessarily a violation of law 24 
 
 HIGHWAY. If possible, every schoolhouse site should be upon a public high- 
 way 23 
 
 INDEPENDENT DISTRICT. The boundaries outside the town plat depending 
 upon the petition of the electors, such boundaries may not be fixed until 
 petitioned for 74 
 
 INJUNCTION. The execution of a fraudulent vote of the electors may be pre- 
 vented by a writ from a court of law 13 
 
 JANITORIAL SERVICES. If a teacher serves as janitor in sweeping the room 
 and building fires, he should be paid from the contingent fund for such 
 services 26 
 
 JURISDICTION. An application for an appeal filed within thirty days from 
 thje act complained of will not give the county superintendent jurisdiction 
 of the case . . 5 
 
86 INDEX TO APPEAL CASES. 
 
 PAGE. 
 
 The county superintendent does not have jurisdiction of cases involving 1 a 
 money demand 10 
 
 The county superintendent has jurisdiction only of the matter to which the ' 
 appeal relates 18 
 
 An appeal will not lie to enforce a contract 26 
 
 A former order of the board, or a decision of the county superintendent on 
 appeal, will not operate to prevent the board from exercising its discretion 
 anew, when good reasons exist for such action 40 
 
 In most matters with which boards have to do under the law, their authority 
 and responsibility are absolute, and their jurisdiction is complete and 
 exclusive 40 
 
 The jurisdiction of an appellate tribunal is not greater than that of the board 
 from whose action the appeal is taken 46 
 
 When its order is affirmed, the board is left free to take another action, if 
 thought best 56 
 
 In change of boundaries by two boards, an appellate tribunal acquires only 
 the same power possessed by the board from whose action appeal is taken, 
 and may do no more than to affirm the order, or to reverse and do what 
 the board refused to do 57 
 
 It is very undesirable to bring matters involving a money consideration 
 before the county superintendent on appeal 80 
 
 MAJORITY VOTE. Of whole board required to change subdistrict boundaries. 29 
 
 MANDAMUS. Is a remedy if the board refuses to carry out a vote of the electors 11 
 
 Is the method of compelling the performance of an official duty mandatory in 
 its character I 34 
 
 To compel the performance of an official duty, appeal sometimes consumes 
 valuable time. Mandamus is often a more speedy and better remedy 35 
 
 To compel the performance of an official duty not involving, the exercise of 
 discretion, a writ of mandamus is a speedy remedy 51 
 
 The surest method to secure the performance of a mandatory duty is applica- 
 tion to a court for a writ of mandamus 55 
 
 NEW TRIAL. To warrant another trial, material reasons must appear, to 
 prove that a second hearing is desirable 58 
 
 NOTICE. The county superintendent should not issue notice of final hearing 
 until the transcript of the district secretary has been filed 5 
 
 Appearance at the trial is a complete waiver of notice 47 
 
 PETITION. A petition may be used to bring to the attention of the board the 
 kind of action desired by the petitioners, but a board may act with equal 
 directness without such request 57 
 
 PROCEEDINGS. The regularity of all the proceedings will be presumed upon. 
 This is true in an especial sense wjxen the records are more than usually 
 complete 47 
 
 In the absence of proof to the contrary, the legal presumption is that the pro- 
 ceedings before the county superintendent were entirely regular 58 
 
 PUNISHMENT. In applying correction, the teacher must exercise sound dis- 
 cretion and judgment and should choose a kind of punishment adapted not 
 only to the offense, but to the offender 14 
 
 The punishment of a pupil with undue severity, or with an improper instru- 
 ment, is unwarrantable, and may serve in some degree, to indicate the ani- 
 mus of the teacher 14 
 
 The right of the parent to restrain and coerce obedience in children applies 
 equally to the teacher, or to any one who acts in loco parentis 15 
 
 Quo WARRANTO. The remedy of a person denied possession of an office to 
 which he has been chosen, is an action in court 8 
 
 The only proper means of affirming the right to exercise the privileges of an 
 office, or to contest the illegal exercise of the same, is set forth in sec- 
 tions 3345-3352. (Code, sections 4313-4335.) 23 
 
 RECORDS* In the absence of the allegation of fraud, testimony to contradict 
 or impeach the records of the district cannot be received 6 
 
 The board may at any time amend the record of the district, when necessary 
 to correct mistakes or supply omissions. And it may upon proper showing- 
 be compelled by mandamus to make such corrections 6 
 
INDEX TO APPEAL CASES. 87 
 
 PAGE. 
 
 The record of the secretary shall be considered as evidence, and cannot be 
 invalidated by parol evidence unless there is proof of fraud or falsehood 27 
 
 Records not made and certified to by the proper officers as required by law are 
 defective and may be impeached by collateral evidence 30 
 
 The official record is its own best evidence. Testimony intended to contradict 
 the record should not be admitted 30 
 
 The record of the secretary must be considered as evidence, unless there is 
 proof of fraud or falsehood 47 
 
 REHEARING. To justify the granting of a new trial, a reasonable doubt must 
 arise in the mind of the officer to whom application is made, as to the abso- 
 lute correctness of his former conclusions 36 
 
 To warrant a rehearing, some valid reason must be urged 38 
 
 To obtain a rehearing the necessity must be clearly shown 40, 69 
 
 A new trial should be refused unless cogent reasons are produced, causing 
 doubts to arise as to whether the merits of the case were fully and fairly set 
 forth at the former hearing. The reasons urged must present a strong 
 probability that a modification of the decision might be found desirable 58 
 
 In refusing a rehearing, or in granting the same, unless the discretion of the 
 county superintendent was unjustly exercised, his decision must be affirmed, 
 on appeal 58 
 
 The presumption that the trial was regular and the proceedings full and com- 
 plete, must be overcome by the reasons urged for the rehearing 58 
 
 REMANDING OF CASES. When the evidence discloses that the action of the 
 board was unwarranted, and the facts are not sufficiently shown to deter- 
 mine what should be done, the case should be remanded to the board 22 
 
 Unless the transcript indicates clearly the manner in which the board under- 
 stands the expression of the electors, an appellate tribunal on the trial will 
 be compelled to remand the case for a more definite action 5o 
 
 RESIDENCE. The board may adopt any course it sees fit, and make a decision 
 from any fair and impartial method of obtaining information bearing upon 
 the question of residence 78 
 
 RULES AND' REGULATIONS. Boards of directors and their agents, the 
 teachers, may establish reasonable rules for the government of their schools 15 
 
 Open violation of the rules cannot be shielded from investigation under the 
 plea that it invades the rights of conscience 15 
 
 The pupil is answerable for acts which tend to produce merriment in the 
 school or to degrade the teacher 15 
 
 The teacher has the right to require a pupil to answer questions which tend 
 to elicit facts concerning his conduct in school 15 
 
 In establishing and enforcing regulations for the government of scholars the 
 board has a large discretion 32 
 
 The burden of proof is with the appellant to show that a rule is unreasonable 64 
 
 SALARY OF TEACHERS. The control of salaries is wholly within the power 
 of the board and cannot be determined by an appeal, because it is not 
 within the jurisdiction of county or state superintendent to order the pay- 
 ment of money 24 
 
 The salary of teachers should be in proportion to their ability and responsi- 
 bility, and not equal when these differ materially 24 
 
 SCHOOL FUNDS. The treasurer is the proper custodian of all funds, and may 
 legally pay them out only upon orders specifying the fund upon which they 
 are drawn and the specific use to which they are applied 11 
 
 The courts of law alone can furnish an adequate remedy, if the law has been 
 violated and the money of the district has been misappropriated 13 
 
 SCHOOLHOUSE. The board may legally remove a schoolhouse from one sub- 
 distriet to another only by vote of the electors 13 
 
 When the electors have voted to remove a schoolhouse from one subdistrict 
 to another the board must execute such vote, and from its action in so 
 doing no appeal can be taken 13 
 
 There is no limitation in law as to the number of scholars to be accommodated, 
 in order that the board may provide a schoolhouse 53 
 
 SCHOOLHOUSE SITE. It is important that a schoolhouse site be located on a. 
 public road, and as near the center of the subdistrict as practicable 10 
 
88 INDEX TO APPEAL CASES. 
 
 PAGE. 
 
 Subdistrict boundaries cannot be changed in an appeal relating solely to locat- 
 ing a site, nor can a site be located with the expectation that boundaries 
 will be changed, unless such intention of the board is shown 18 
 
 The action of a committee appointed by the board to locate a site is of no force 
 until officially adopted by the board while in session 18 
 
 The prospective wants of a subdistrict may properly have weight in determin- 
 ing the selection of a site, when such selection becomes necessary, but 
 not in securing the removal of a schoolhouse now conveniently located.. . .21, 59 
 
 To make a distinction between the children of freeholders and those of ten- 
 ants in determining the proper location for a schoolhouse, is contrary to 
 the spirit and intent of our laws 21 
 
 The necessities of the present must be observed in locating schoolhouse sites, 
 in preference to the probabilities of the future 22, 59 
 
 The location of a schoolhouse can be dependent upon a change of boundaries 
 only when it is shown in evidence that it is the definite and positive inten- 
 tion to make such a change 2& 
 
 A schoolhouse site fixed by county or state superintendent affirming the dis- 
 cretionary act of the board, allows the board to exercise it* discretion 
 again, especially if material changes have occurred 25 
 
 The endeavor to show regard for the expressed wishes of the electors in the 
 choice of a site will be an added reason in support of the action of the board 25 
 
 Proper location of, depends upon form of subdistrict 28 
 
 A suggestion from the electors should be given such weight as there is value 
 in the reasons upon which the expressed wish of the electors is based 3^ 
 
 A village in a subdistrict has special claims favoring the selection of a site 
 within its limits. The element of distance to be traveled by some is largely 
 overcome by the advantages of a location in the town 3:^ 
 
 It is manifestly unwise for the electors to express any preference for a site, by 
 a vote. The remedy of anyone aggrieved by the action of the board is appeal 33 
 
 The board is bound to take into account any special reasons existing which 
 favor a particular location, and a .vote of the electors to expend schoolhouse 
 funds in a certain specified manner, may not be disregarded 33 
 
 Every dwelling house must be taken into account, as some one entitled to school 
 advantages may hereafter reside there 38 
 
 When it is the evident intention of the board to relocate the site as near as 
 possible in the center of the subdistrict, in order to furnish equal school facil- 
 ities to all the residents, its action should not be materially interfered with 38 
 
 It is not the province of an appeal to determine which of two sites is the better 63 
 
 When purchased need not necessarily be upon a highway 72 
 
 SCHOOL ORDERS. When improperly issued, a proper remedy is injunction. . 10 
 
 SCHOOLHOUSE TAXES Must be certified, collected, and expended, in accord- 
 ance with the vote of the electors 32 
 
 The board may not refuse to expend schoolhouse funds for the purpose for 
 which they were voted 51 
 
 SCHOOL PRIVILEGES. Are not acquired by temporary removal into a district 
 for the purpose of attending school 9 
 
 The law is to be construed in the interest of the child. The actual residence 
 of ther-echolar at the time will establish the right to attend school free of 
 tuition 52 
 
 Are not guaranteed children elsewhere than in the district of their residence 61 
 
 Attendance in another district depends upon the board of that district, and 
 must therefore be regarded as a contingency 61 
 
 To the fullest extent possible, the board should equalize the distance to be 
 traveled to school 61 
 
 The board has authority to determine when and upon what terms nonresi- 
 dents may attend school 78 
 
 SCHOOLS. The wealthier portions of the community should aid their neigh- 
 bors in sustaining good schools 24 
 
 SUBDIRECTOR. The subdirector may expend money in his subdistrict only 
 in the manner authorized by the board 11 
 
 StfBDiSTRTCT. A subdistrict is not a corporate body, and has no control of 
 any public fund 11 
 
INDEX TO APPEAL CASES. 89 
 
 PAGE. 
 
 The board may not rodistrict so as to abolish a subdistrict, with the manifest 
 intent to prevent the building of a house provided for by the electors 32 
 
 SUBDISTRICT BOUNDARIES. The acts of a board changing subdistrict bound- 
 aries and locating schoolhouses are so far discretionary that they should be 
 affirmed on appeal, unless it is shown beyond a doubt that there has been an 
 abuse of discretion 19 
 
 A case involving a change of subdistrict boundaries, having been adjudicated 
 by the county superintendent reversing the action of the board, and being 
 affirmed by the superintendent public instruction, cannot again be brought 
 upon appeal, unless it can be shown that some change materially affecting 
 the conditions of the case has taken place since the date of the former deci- 
 sion 37 
 
 A subdistrict long established, embracing a territory having a sufficient num- 
 ber of scholars to maintain a good school, should not be abolished, unless 
 the general school facilities of the township will be improved thereby 37 
 
 In changing subdistrict boundaries, both the present and the future welfare 
 of the district township should be considered 37 
 
 The boundaries of subdistricts may be changed, or new subdistricts formed, 
 only at the regular meeting of the board in September, or at a special meet- 
 ing held before the following March 49 
 
 When an action has been reversed by the county superintendent, and that 
 decision affirmed by the superintendent of public instruction, the board can- 
 not act again until a material change has taken place 72 
 
 SUBDISTRICTS. Should be, if possible, compact and regular in form. In well 
 populated district townships, two miles square is consided a desirable 
 area ; 10, 53 
 
 It is very important that subdistricts should be regular in form, and that 
 where it is possible, schoolhouses should be located at or near geographical 
 centers 53 
 
 The board should be encouraged in forecasting a general plan looking toward 
 an ultimate regularity in the form of subdistricts 53 
 
 TEACHER. " The teacher is entitled to the counsel and co-operation of the sub- 
 
 , director and board in all matters pertaining to the conduct and welfare of 
 the school 20 
 
 When a teacher is dismissed ia violation of his contract, an action in the 
 courts of law will afford him a speedy and adequate remedy; when dis- 
 charged for incompetency, dereliction of duty, or other cause affecting his 
 qualifications as a teacher, he has the right of appeal 20 
 
 The law provides that a teacher shall have a fair and impartial trial, with 
 sufficient notice to enable him to rebut the charges of his accusers 30 
 
 In the trial of a teacher the board is bound carefully to protect the interests 
 of the district and to seek the welfare of the school, as well as to regard the 
 rights guaranteed to the teacher 47 
 
 As an employe of the district the teacher may justly claim and expect to 
 receive, the official assistance and advice of the board 54 
 
 The law insures the teacher a fair and impartial trial, before he may be dis- 
 charged 54 
 
 A teacher may justly claim and expect to receive, the assistance and advice 
 of the board, and especially the help of his own subdirector, in the proper 
 conduct of his school 73 
 
 It is alike due to the dignity of the board and the rights of the teacher that 
 no one should be discharged except after thorough investigation and the 
 clearest proof. If possible, the teacher should be shielded from the stigma 
 of discharge 73 
 
 Full opportunity must be afforded the teacher to make defense against 
 
 charges 79 
 
 Should not emplov unsuitable and unusual methods of punishment 79 
 
 TERRITORY. Where territory is to be transferred by concurrent action of 
 two boards to the district to which it geographically belongs, a majority of 
 the members elect is not necessary, as required for the change of subdis- 
 trict boundaries : 27 
 
 All territory must be included within some school district 28 
 
 When a transfer is sought, no appeal will lie to control the discretion of the 
 county superintendent or board 44 
 
90 INDEX TO APPEAL CASES. 
 
 PAGE. 
 
 All territory must be contiguous to the district to which it belongs 57 
 
 TESTIMONY. Unless obviously immaterial, testimony offered should be admit- 
 ted and given such weight as it merits 5 
 
 At the hearing of an appeal, it is competent for the county superintendent, 
 upon his own motion, to call additional witnesses to give testimony 6 
 
 The superintendent should afford full opportunity for the introduction of tes- 
 timony, and the examination of witnesses should be so conducted as to dis- 
 close all material facts. What is shown by the plat need not also be pre- 
 sented orally 18 
 
 New testimony can be introduced only when the facts materially affecting 
 the case could not have been known before the trial 22, G 
 
 To be legal must be given under oath 2& 
 
 Sufficient latitude should be allowed in the introduction of testimony to per- 
 mit a full presentation of the issues involved, even if irrelevant testimony 
 is occasionally admitted 38, 71 
 
 Opinions unsupported by facts do not become satisfactory evidence 60 
 
 If selfish or other improper motives are complained of, the testimony must 
 show such facts 'conclusively 63 
 
 TRANSFER. The natural obstacle must be impassable to such a degree as to 
 remain an actual impediment to attendance 44 
 
 TUITION. To enable the district in which the children reside to collect tui- 
 tion, all the requirements of the law must first be fulfilled 44 
 
 Failing to substantiate a claim to residence, a nonresident may attend school 
 only upon such terms as the board deems just and equitable 67 
 
YC 53872