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 Accession 8 5 4 1 
 
THE 
 
 School Laws 
 
 OF 
 
 SOUTH DAKOTA 
 
 REVISED 1897 
 
 WITH THE 
 
 AS APPENDIX. 
 
 1900 
 
 STATE PUBLISHING CO. 
 
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THE 
 
 LAWS 
 
 SOUTH DAKOTA 
 
 RRVISRD 1S9Y 
 
 WITH THE 
 
 AS APPENDIX. 
 
 1899 
 
 STATE PUBLISHING CO. 
 
EDUCATION. 
 
 Chapter 57 of the Session Laws of 1897, Which Repeals all Acts 
 
 Relating to Education, Except Special Acts Organizing 
 
 Particular School Districts. 
 
 CHAPTER I. 
 
 STATE SUPERVISION. 
 
 1. SUPERINTENDENT DUTIES OF.] The superintend- 
 ent of public instruction shall be charged with the general su 
 pervibion of all the county schools and of all the county superin- 
 tendents of the state. He shall meet county superintendents in 
 convention at least once each year, at such points in the state 
 as he may deem most suitable for that purpose, and by explan- 
 ation and discussion endeavor to secure a more uniform and ef- 
 ficient administration of the school laws. He shall attend 
 teachers' institutes in the several counties in the state as far 
 as may be consistent with other duties imposed by law, and as- 
 sist, by lecture or otherwise, in their instruction and manage- 
 ment. The state superintendent shall prescribe rules and reg- 
 ulations for holding county normal institutes.' He shall render 
 a written opinion to any county superintendent asking it, touch- 
 ing the exposition or administration of the school law, and 
 shall determine all cases appealed from the county superintend- 
 ent. 
 
 2. OFFICE OF. ] An office shall be provided for him at 
 the seat of government in which he shall file all papers, reports 
 and public documents transmitted to him by the county super- 
 intendents each year separately, and hold the same in readiness 
 to be exhibited to the governor or a committee of either house 
 of the legislature at any time when required; and he shall keep 
 a faithful record of all matters pertaining to his office. All 
 books presented to his office or purchased therefor shall be 
 carefully preserved and catalogued by him. The educational 
 library thus formed shall be open to the teachers of the state 
 for reference and examination. 
 
 3. SHALL PRINT LAWS.] Immediately after the ad- 
 journment of this legislature, and every two years thereafter if 
 
 85451 
 
REVISED SCHOOL LAWS 1897. 
 
 deemed necessary he shall cause the school law to be printed, 
 with all the amendments thereto, with such notes, rulings, 
 forms and decisions as may seem of value to aid the school of- 
 ficers in the discharge of their duties. Appropriate reference 
 shall be made to the previous law that has been amended or 
 changed, so as clearly to indicate such amendments or changes. 
 He shall send to each county superintendent a number of copies 
 sufficient to supply the school officers of the county with one 
 copy each. 
 
 4. SHALL MAKE REPORT.] On or before the 31st day of 
 December preceding each regular session of the legislature, he 
 shall present a biennial report to the governor, which report 
 shall show the condition and needs of the public schools 
 throughout the state, and the workings of the educational system 
 of the state. 
 
 5. TO PREPARE EXAMINATION QUESTIONS. ] It shall be 
 
 his duty to prepare all questions for the examination of teachers 
 by the county superintendents, and no county superintendent 
 shall examine teachers with questions not thus furnished. 
 Whosoever shall sell, barter or give away to applicants for cer- 
 tificates or to any other person the questions prepared by the su- 
 perintendent of public instruction, to be used by the county su- 
 perintendent in the examination of teachers, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be 
 fined not less than twenty-five ($25) or more than one hundred 
 ($100) dollars. 
 
 6. MAY APPOINT DEPUTY.] He shall have power to 
 appoint one assistant, or deputy, who shall receive a salary of 
 one thousand two hundred ($1,200) dollars, and shall perform 
 such duties pertaining to the office as the superintendent may 
 direct. 
 
 7. INSTITUTE CONDUCTORS.] He shall, on or before 
 March 1st in each year, prepare and send to each county super- 
 intendent a list of the names of institute conductors, and county 
 superintendents shall engage conductors for their county nor- 
 mal institutes from the list sent by the superintendent of public 
 instruction. 
 
 8. MEETING OF INSTITUTE CONDUCTORS. ] He shall, on 
 or before the first day of April of each year, call a meeting of 
 the county institute conductors for the purpose of exchanging 
 views relative to the best methods of teaching and for outlin- 
 ing, as far as practicable, a general plan for institute work. 
 
 9. BLANKS AND BLANK FORMS.] All the necessary 
 blanks to be used in transacting the business between the 
 county and the state superintendent shall be supplied by the 
 state superintendent. He shall also furnish each county super- 
 intendent with the necessary supply of blanks for the reports 
 pf teachers, district clerks and treasurer, and with a book of 
 
REVISED SCHOOL LAWS 1897. 
 
 forms or blanks not furnished by the state, and all blanks used 
 in a county or district must correspond with a form in such 
 book. 
 
 10. COMPENSATION OF. ] He shall receive such salary 
 as is prescribed by law, and also a sum not exceeding two hun- 
 dred ($200) dollars per annum for traveling and other expen- 
 ses, while traveling on the business of the department. The 
 traveling expense account and the certified bills for necessary 
 office expenses, and for the printing of such blanks and reports 
 as are required by law, shall be paid on the warrant of the 
 state auditor. 
 
 11. STATE CERTIFICATES AND DIPLOMAS. ] He shall 
 have power to grant state certificates and state diplomas. He 
 shall keep a full record of all examinations for state certificates 
 and diplomas, and carefully file in his office all papers relating 
 thereto, the names of all persons to whom certificates or diplo- 
 mas are issued, and the names of all persons applying for the 
 same shall be preserved with a report of the action in the case. 
 He shall at fche close of each quarter send to each county super- 
 intendent in the state, a list of the persons receiving state certi- 
 ficates and diplomas. 
 
 12. EXAMINATION FOR SAME,] Public examinations 
 for state certificates and state diplomas shall be held by the 
 superintendent of public instruction at least twice each year, 
 at such time and place as he may select, as will best accom- 
 modate the teachers of the state. 
 
 13. STATE CERTIFICATE How SECURED.] A state 
 certificate shall be valid for five years, authorizing the person 
 to whom it is issued to teach in any of the common schools for 
 the state, including those in cities and towns, for the period of 
 five years aforesaid. Candidates for state certificates shall 
 present satisfactory evidence of three years' successful ex- 
 perience, such evidence to be genuine, reliable and from disin- 
 terested persons. They shall pass a satisfactory examination 
 in each of the following branches: Algebra, geometry, natural 
 philosophy, physiology and hygiene, drawing, civil government, 
 didactics, general history and American literature. The char- 
 acter of the papers submitted in the examination shall deter- 
 mine the candidate's knowledge of the English grammar, or- 
 thography and penmanship. The possession of a good moral 
 character shall be deemed a necessary requisite in every can- 
 didate, and satisfactory recommendation to establish this shall 
 be submitted by each candidate. Any resident graduate of 
 either of the state normal schools or the state university of 
 South Dakota shall, upon the presentation of his or her di- 
 ploma, be entitled to receive such state certificate free of charge, 
 provided ,the graduates of said university have taken a course 
 of pedagogy as given in that institution. A candidate for state 
 
REVISED SCHOOL LAWS 189*. 
 
 certificate, a resident graduate of any college in this state, hav- 
 ing taken a course of study equivalent to the advanced course 
 of study prescribed in either of the state normal schools, or the 
 collegiate department of the state university of South Dakota, 
 shall upon filing with the state superintendent his or her di- 
 ploma, a copy of the course of study pursued and the written 
 endorsement of the faculty of instruction, be exempt from the 
 required examination; Provided, the applicant has taught suc- 
 cessfully in the public schools for at least one year. The superin- 
 tendent of public instruction shall issue such state certificate 
 free of charge. 
 
 14. RENEWAL OF SAME.] Any person receiving two 
 successive five-year certificates, shall be entitled to a renewal 
 of the latter upon presentation of his state certificates, and evi- 
 dence of continued employment and successful experience in 
 the business of teaching. 
 
 15. STATE DIPLOMA HOW SECURED.] A state di- 
 ploma shall be valid for life, and shall authorize the holder 
 thereof to teach in any of the public schools of the state. The 
 requirements for a state diploma shall be as follows: 
 
 First. The candidate must present the diploma of the in- 
 stitution of which he is a graduate, with a copy of the course 
 of study therein taught, or he must pass an examination in 
 such branches as will be selected by the superintendent of pub- 
 lic instruction. 
 
 Second. He must present ample proof that he has had at 
 least ten (10) years successful experience as a teacher. 
 
 Third. He must pass a satisfactory examination in the 
 science and art of education. This shall be more or less exten- 
 sive as the candidate is or is not a graduate of some reputable 
 normal school. 
 
 Fourth. He must pass an examination in two branches se- 
 lected by him from the following: Geometry, trigonometry, 
 astronomy, chemistry, zoology or geology. He must also pass 
 an examination in two branches selected by him from the fol- 
 lowing: English literature, rhetoric, general history, political 
 economy and psychology. 
 
 Fifth. He must write a thesis of not less than three thou- 
 sand (3,000) nor more than five thousand (5,000) words upon 
 some special topic embraced in one of the branches in which 
 he is examined. His thesis the superintendent shall submit 
 to two persons of acknowledged ability to review. 
 
 Sixth. All papers must show a correct and intimate 
 knowledge of English. 
 
 Seventh. He must be recommended by persons of liberal 
 education, disinterested and having full knowledge of his expe- 
 rience. 
 
REVISED SCHOOL LAWS 1897. 
 
 Eighth. He must submit a thesis in his own hand writing 
 upon some professional subject chosen by the superintendent. 
 
 Ninth. He must submit evidence of a good moral char- 
 acter. 
 
 16. CERTIFICATE FREE [FEE]. ] Each applicant except 
 resident graduates from the normal schools of the state, and the 
 state university, for a state certificate, shall pay a fee of five 
 dollars ($5.00), and for state diplomas shall pay a fee of ten 
 dollars ($10.00). All fees thus collected shall be paid by the 
 superintendent into the state treasury, and shall constitute the 
 teachers' reading circle fund, and shall be subject to the order 
 of the state auditor for that purpose; Provided, that should an 
 applicant fail in said examination, one-half of the fee shall be 
 returned; Provided, that the state auditor shall issue his war- 
 rant on the state treasurer in favor of the treasurer of the 
 state teachers' reading circle upon vouchers filed by the super- 
 intendent of public instruction. 
 
 17. MAY BE REVOKED. ] The superintendent of public 
 instruction shall have power to revoke any state certificate or 
 diploma for any cause that would have prevented its issue. 
 
 CHAPTER II. 
 
 COUNTY SUPERVISION. 
 
 1. SUPERINTENDENT DUTIES OF. ] The county super- 
 intendent of schools shall be charged with the general super- 
 vision of the schools of his county. He shall visit each school 
 in his county as frequently as possible, at least once each school 
 year, correcting any deficiency that may exist in the govern- 
 ment of the school, in the classification of the pupils, or in the 
 methods of instruction in the several branches taught; make 
 such suggestions as he shall deem proper and necessary for the 
 welfare of the school; note the character and condition of the 
 school house, furniture, apparatus and grounds, making such, 
 suggestions to the district officers as will in his opinion improve 
 the same. He shall keep a complete record of his official acts, 
 a record of the name, age and postoffice address of each candi- 
 date for certificate to teach, the standing in each study, and the 
 grade, date of issue and expiration of each certificate granted. 
 He shall keep on file the papers of each candidate for a certifi- 
 cate except the papers of applicants for first grade, at least for 
 the period for which a certificate is granted. He shall keep a 
 register of the teachers employed in his county, giving name 
 of teacher, district in which employed, date of opening and clos- 
 ing, terms, salary per month, grade of certificate, and date of 
 superintendent's visits. He shall keep a record of all appor- 
 tionments of the state and county school fund, and such other 
 statistical records as shall be required in making reports to the 
 
8 REVISED SCHOOL LAWS 1897. 
 
 superintendent of public instruction. In addition to his annual 
 report he shall, whenever called upon by the superintendent of 
 public instruction, make such special report as may be required. 
 
 2. SHALL ENCOURAGE TEACHERS' INSTITUTES.] The 
 county superintendent of schools shall encourage teachers' in- 
 stitutes and associations, and shall labor in every practicable 
 way to elevate the standard of teaching, urge the continual em- 
 ployment of successful and efficient teachers, and prevent by 
 all proper means the employment of those who are incompetent 
 and inefficient, and seek to make the employment of all teachers 
 a responsible public duty, for the public advantage only, and 
 free from favor and sectarian interest. 
 
 3. COUNTY CERTIFICATES REQUIREMENTS FOR.] On 
 the first Friday of March, June, September and November, of 
 each year, the county superintendent shall examine persons of- 
 fering themselves as teachers for the public schools, at least 
 two of which examinations shall be held at the county seat, no- 
 tice of which examination shall be duly published in the news- 
 papers of the county. The ratio of correct answers, compared 
 with the per centum established by the superintendent of pub- 
 lic instruction for the granting of certificates, all evidence dis- 
 closed by the examination and the superintendent's personal 
 knowledge of the candidate's ability to teach and govern shall 
 be the reasons for granting or refusing a certificate to any ap- 
 plicant. Provided, that no person shall be granted a certificate 
 who does not possess a good moral character. 
 
 4. GRADES OF SAME. ] County Certificates shall be of 
 three grades. The first grade certificates shall be valid for a 
 term of three years in every county in the state. Applicants 
 for a certificate of this grade shall pass an examination in or- 
 thography, reading, writing, arithmetic, geography, including 
 physical geography, English grammar, physiology, hygiene, 
 history of the United States, civil government, current events, 
 book keeping, American literature, drawing and didactics. The 
 papers of applicants for first grade certificates shall be marked 
 by the county superintendent and forwarded by him to the 
 superintendent of public instruction who shall, after inspection 
 and approval of the same issue said certificates and send lists 
 of the same without delay to all of the county superintendents 
 of the state. The second grade certificate shall be valid for a 
 term of two years. Applicants for certificates of this grade 
 shall pass examinations in orthography, reading, writing, arith- 
 metic, physiology, hygiene, geography, English grammar, his- 
 tory of the United States, civil government and didactics. Ap- 
 plicants for third grade certificates shall pass examinations in 
 orthography, reading, writing, arithmetic, hygiene, geography, 
 English grammar, history of the United States and didactics. 
 The third grade certificate shall be valid for a term of not more 
 
REVISED SCHOOL LAWS 1897. 
 
 than one year, or less, in the discretion of the county superin- 
 tendent. Examinations for third grade certificates may be held 
 privately, subject to rules and regulations prescribed by the 
 superintendent of public instruction. Second and third grade 
 certificates shall be issued by the county superintendent. The 
 second grade shall be valid in any school in the county in which 
 it is issued, and the third grade certificate shall be valid only 
 in such school as may be designated by the county superintend- 
 ent. The county superintendent shall require a fee of one (1) 
 dollar from every applicant for a certificate and all fees so col- 
 lected shall at the close of each examination be deposited with 
 the county treasurer to the credit of the county institute fund. 
 
 5. AGE OF APPLICANT. ] No first or second grade cer- 
 tificate shall be issued to any person under 18 years of age; no 
 third grade certificate shall be issued to any person under 17 
 years of age. No person shall be allowed to teach in any 
 school of the state who is is not the holder of a valid certificate. 
 All contracts made in violation of the provisions of this section 
 shall be void. 
 
 6. REVOCATION OF CERTIFICATE. ] The county super- 
 intendent is authorized and required to revoke at any time any 
 certificate held in his county under authority of Section four (4) 
 of this chapter for any cause which would have authorized or 
 required a refusal to grant the same if known at the time it was 
 granted, and for incompetency, immorality, intemperance, vio- 
 lation of the state law, cruelty, general neglect of business of 
 the school, or for refusal or neglect to attend a county insti- 
 tute, and at least one district institute each year, after due no- 
 tice; Provided, that holders of first grade county certificates, in 
 force, who have attended at least four (4) normal institutes, 
 may be excused by the county superintendent, in his discretion, 
 from attendance at institutes for such current year; and the 
 revocation shall terminate the employment of such teacher in 
 the school where he or she may be at the time employed; but 
 the teacher must be paid up to the time of receiving such revo- 
 cation. The county superintendent must at once notify the dis- 
 trict board by whom such teacher is employed of such revoca- 
 tion, and at the same time shall notify the teacher. And in 
 case of a revocation of a first grade certificate he shall notify 
 the superintendent of public instruction by an abstract of the 
 \charges thereof. The county superintendent must enter his 
 action in such case of revocation in the books of his office. In 
 revoking a certificate the county superintendent may act upon 
 his personal knowledge or upon competent evidence obtained 
 from others. In either case the action shall be taken after a 
 fair hearing, and the teacher must be notified of the charge 
 and given a chance to make a defense at some time and place 
 stated in said notice. The state superintendent shall notify 
 
10 REVISED SCHOOL LAWS 189?. 
 
 every county superintendent in the state of the revocation of a 
 first grade certificate. When certificates are revoked the same 
 shall be returned to the office of the county superintendent re- 
 voking the same; Provided that if any teacher refuse to deliver 
 said certificate that has been revoked, it shall be the duty of 
 the county superintendent to publish notice of such revocation 
 in the official papers of the county. 
 
 7. COUNTY NORMAL INSTITUTE.] The county super- 
 intendent shall hold annually a normal institute, between the 
 first day of April and the fifteenth day of September, of not 
 less than five days' duration, for the instruction of teachers and 
 those who desire to teach, and he shall procure such assistance 
 in addition to the conductors as he may deem necessary. At the 
 close of the normal institute the conductor thereof shall imme- 
 diately forward to the county auditor a certified list of the per- 
 sons enrolled therein, together with a certified copy of the cer- 
 tificate of appointment of the conductor, and the county audi- 
 tor shall present the said list and copy of such certificate to the 
 county treasurer who shall thereupon transfer the sum of two 
 dollars ($2) for each and every person named in said list from 
 the county general school fund account to the county institute 
 account. All disbursements of the institute fund shall be upon 
 a warrant of the county superintendent, and no warrant shall 
 be drawn, and no money shall be paid as provided in this sec- 
 tion unless the list and copy of the certificate has been filed and 
 then only upon certified, itemized bills presented to the county 
 superintendent and approved by him for services rendered or 
 expenses incurred in connection with the normal institute. 
 
 8. MEDIUM OF COMMUNICATION. ] The county superin- 
 tendent shall at all times conform to the instructions of the su- 
 perintendent of public instruction as to matters within the ju- 
 risdiction of the latter. He shall serve as the medium of com- 
 munication between the superintendent of public instruction 
 and the district officers. 
 
 9. SALARIES OF SUPERINTENDENTS.] The county su- 
 perintendent shall receive a salary payable monthly and to be 
 determined as follows: By the value of the property in their 
 respective counties as fixed by the state board of equalization 
 for the preceding year, and by the population of their respec- 
 tive counties. The entire vote of the county multiplied by five 
 shall be the basis of reckoning the population. They shall be 
 entitled to receive one (1) mill on each dollar of the first one 
 hundred thousand dollars ($100,000), and three-eights (3-8) of 
 one mill on each dollar from one hundred thousand dollars 
 ($100,00 ) to six hundred thousand dollars ($600,000); and one- 
 fourth (i) of one mill on each dollar from six hundred thousand 
 dollars ($600,000) to one million one hundred thousand dollars 
 ($1,100,000) and one tenth (1-10) of one mill on each dollar 
 
REVISED SCHOOL LAWS 1897. li 
 
 from one million one hundred thousand dollars ($1,100,000) to 
 two million six hundred thousand dollars ($2,600,000) and one- 
 twentieth (1-20) of one mill on each dollar on all sums above 
 two million six hundred thousand dollars ($2,600,000). And in 
 addition to the above named sum he shall receive for the first 
 one thousand inhabitants within his county the sum of seventy- 
 five dollars ($75); for each additional one thousand (1,000) in- 
 habitants within his county or major fraction thereof, he shall 
 receive fifty dollars ($50). Provided, that he shall not receive 
 more than fifteen hundred dollars ($1,500) in any county nor 
 any other compensation; Provided, further, that in counties 
 having an assessed valuation of less than three hundred thous- 
 and dollars ($300,000) the salary shall not exceed two hundred 
 dollars ($200). Provided, further, that the county superin- 
 tendent shall sign his name in the attendance register of each 
 school he visits, showing the date thereof, and that he carry a 
 record book of such visits, which book shall be signed by the 
 teacher of the school visited by him, and such book shall be 
 filed with the county auditor along with the bill of such super- 
 intendent's salary for the last month of the calendar year; and 
 it shall be the duty of the county commissioners to deduct from 
 the salary of such superintendent for such last month ten dol- 
 lars ($10) for each and every school in the county under the 
 direct supervision of such superintendent, and not visited by 
 him within such calendar year; Provided, this act shall not 
 reduce the salary of the county superintendents who were 
 elected and qualified prior to the taking effect hereof. 
 
 S 10. MAY CLOSE SCHOOL. ] The county superintendent 
 shall have power to close any school under his supervision on 
 account of contagious disease, or for other good and sufficient 
 cause known to him. The county superintendent of any county 
 in this state shall have power, and it shall be his duty, when- 
 ever petitioned so to do by any land owner whose place of resi- 
 dence on such land in any independent school district in such 
 county, or whose dwelling house thereon is more than three 
 miles from the location of the school house in such district, to 
 make an order attaching such land, not to exceed one hundred 
 and sixty acres, to any adjoining school district, the school 
 house in which is located within three miles or less of said resi- 
 dence or dwelling house, and thereafter said land shall be a 
 part of the district to which it is so attached. 
 
 11. VISITING SCHOOLS.] It shall be the duty of the 
 county superintendent of schools to visit the schools of inde- 
 pendent districts. In towns having less than one thousand in- 
 habitants he shall have authority of direct supervision. 
 
 12. CERTIFICATE NOT REQUIRED. ] In cities and other 
 independent districts, persons exclusively engaged in teaching 
 music, drawing, penmanship, bookkeeping, foreign languages, 
 
12 REVISED SCHOOL LAWS 1897. 
 
 or kindergarten methods, shall not be required to hold a county 
 certificate. 
 
 13. To EXAMINE ACCOUNTS. ] It shall be the duty of 
 the county superintendent to examine at least once each year 
 the records and accounts of the district officers, and to advise 
 them as to the proper form of keeping such accounts. Should 
 any such officer fail to make his report according to law and at 
 the time required, the county superintendent is authorized to 
 procure the same by examination of the records, files and ac- 
 counts of such officer for the purpose of obtaining such infor- 
 mation. It shall be the duty of the county superintendent to file 
 with the chairman of the district board a certified statement of 
 the condition of the records, accounts and funds of the treas- 
 urer and clerk as shown by said examination. 
 
 14. VACANCY HOW FILLED. ] When the office of county 
 superintendent shall become vacant by death, resignation, re- 
 moval or otherwise, the county board of commissioners shall fill 
 the vacancy by appointment, and the person so appointed shall 
 hold his office until the next election of county officers. 
 
 15. TREASURER'S BOND. ] The county superintendent 
 may at any time require a new or additional bond for the dis- 
 trict officers whenever it may be deemed necessary by him, or 
 upon the failure, death or removal from the county of any one 
 of the sureties. All such bonds shall be filed with the county 
 auditor, and in the case of the breach of any conditions thereof, 
 the county superintendent shall cause an action to be commenced 
 and prosecuted thereon in the corporate name of the school dis- 
 trict, and all moneys so collected shall be paid into the county 
 treasury to be applied to the use of the schools of said district. 
 If the county superintendent either fail or refuse to bring such 
 action upon the breach of the bond, then any taxpayer of the 
 district may cause such action to be commenced, and the neces- 
 sary expenses of such action shall be paid, unless otherwise or- 
 dered by the court, out of the county treasury from the funds 
 apportioned to such district. 
 
 16. OATH OF OFFICE. ] The county superintendent shall 
 have power to administer oaths of office to all subordinate school 
 officers in his county and to certify to the same, and district 
 clerks are hereby empowered to administer oaths in all matters 
 to which their respective districts may be a party. 
 
 17. QUALIFICATIONS.] The county superintendent shall 
 qualify on or before the first Tuesday in January of the year 
 following the one in which he is elected, by taking the proper 
 oath of office, and executing a bond in the sum of five hundred 
 (500) dollars with two or more sureties to be approved by the 
 board of county commissioners. The oath shall be subscribed 
 upon the back of the bond, which shall be filed w r ith the county 
 auditor. The sureties of such bond shall be bound jointly and 
 
REVISED SCHOOL LAWS 1897. 13 
 
 severally, and upon it an action or actions may be maintained 
 by the board of county commissioners for the benefit of the dis- 
 trict, or person, or fund injured by the breach of the conditions 
 thereof. 
 
 18. MAY PROVIDE OFFICE.] The county superintend- 
 ent may provide at the county seat a suitable office for the trans- 
 action of business, when not provided by the board of county 
 commissioners, and they shall allow accounts for all necessary 
 expenditures for the use and furnishing of said office and for 
 necessary stationery and printing. All books and pamphlets, 
 circulars of information and other publications from the bureau 
 of information of the United States, and all official publications 
 of this state and other public documents and books relating to 
 education, officially received by him, shall be deemed public 
 property and shall be kept in his office and with other public 
 property and records delivered to his successor. He shall fur- 
 nish the board of county commissioners such statistics relating 
 to the schools of the county and the officers thereof as they shall 
 desire, and as shall enable them to perform their duties cor- 
 rectly. 
 
 19. SHALL REPORT ENUMERATION.] For the purpose 
 of this act, all children in the state, over six and under twenty- 
 one years of age, shall be considered of legal school age and the 
 county superintendent shall, on or before the first day of July 
 of each year, report under oath to the commissioner of school 
 and public lands the enumeration of persons in his county of 
 school age. Such enumeration to be based upon the annual 
 census taken by the district clerks of his county. 
 
 20. SHALL MAKE ANNUAL REPORT.] The county super- 
 intendent shall, on or before the^ first Monday of September of 
 each year, make a report to the superintendent of public in- 
 struction, containing a full abstract of the reports made to him 
 by the district officers and such other matters as he shall be di- 
 rected to report by the said superintendent, and as he himself 
 may deem essential in exhibiting the true condition of the 
 schools under his charge. Should he fail to make such report 
 he shall forfeit to the school fund of his county the sum of one 
 hundred (100) dollars and shall, besides, be liable for all dam- 
 ages caused by such neglect. 
 
 21. APPEALS FROM DISTRICT SCHOOL BOARDS.] The 
 county superintendent of schools shall, when requested, give 
 advice relative to school matters to any school officer or person 
 within the county. But such advice shall be advisory only. 
 Any party dissatisfied with a decision of a district school board 
 or board of education relative to school matters may appeal 
 therefrom to the circuit court of the county, at any time within 
 thirty days after the rendering of such decision. Said appeal 
 
14 REVISED SCHOOL LAWS 1897. 
 
 is taken by serving a notice of appeal upon the district school 
 board or board of education or any member thereof and by fil- 
 ing such notice of appeal and a bond for costs with the clerk of 
 the school district or board of education. Said notice of appeal 
 must state the decision appealed from, in a clear and concise 
 manner. Said bond for costs shall be in the sum of one hundred 
 dollars with two or more sureties approved by the clerk of said 
 circuit court, conditioned that appellant shall pay all costs there- 
 in that may be adjudged against him. When said notice for ap- 
 peal and bond for costs is filed with the clerk of the school dis- 
 trict or board of education as above, said school clerk shall with- 
 in five days thereafter transmit to the clerk of the circuit court 
 a certified copy of his record of the decision appealed from, and 
 all original papers filed in his office in said matters, including 
 the notice of appeal and bond for costs, therein; and said clerk 
 may be compelled by said circuit court by an order entered upon 
 motion to transmit such certified copies or original papers, and 
 may be fined for neglect or refusal to transmit the same. For 
 such transcript and return, the said school clerk shall receive 
 the usual copying fees, and mileage one way, same to be taxed 
 as part of the costs of suit. And the clerk of the circuit court 
 shall receive and file said papers, and docket same, in the same 
 manner, and shall receive the same fees therefor as in appeals 
 from justices' courts to circuit courts, provided his costs need 
 not be paid beforehand. When any matter is so appealed and 
 filed with the clerk of the circuit court, it shall be docketed in 
 the name of the dissatisfied party as appellant against the school 
 district by its proper name as appellee, and it shall be tried 
 anew in the circuit court according to the regular procedure 
 provided by law therein and shall in all respects be treated as a 
 regular case or action in said circuit court, save as hereinafter ex- 
 pressly provided. No notice of trial or note of issue need be 
 served to have such matter placed upon the trial calendar, and 
 the clerk of said circuit court shall at once enter same upon the 
 trial calendar, and same shall come on for trial in its regular 
 order, except as provided below herein; and the same proceed- 
 ings shall be had and all judgments or orders therein shall be 
 valid and mandatory as by law provided in any other regular 
 case or action or proceeding in said circuit court; Provided, 
 that above parties may agree upon a statement of facts in any 
 actual case and have said case or matter tried anew there- 
 on, before the court in chambers or in open court, after proper 
 appeal and consent of parties. In all of above the circuit court 
 shall render judgment therein and may render final judgment or 
 make such order and direction therein as the circumstances of 
 the case may require and as the very right of the case may ap- 
 pear and enforce the same upon execution or by mandamus or 
 attachment as for contempt. 
 
REVISED SCHOOL LAWS 1897. 15 
 
 22. APPEALS FROM COUNTY SUPERINTENDENTS. ] Ap- 
 peals relative to school matters may be taken from the circuit 
 court to the supreme court of the state, and the same proceed- 
 ings shall be had, and all judgments or orders therein shall be 
 valid and mandatory as by law provided in any other case, or 
 action or appeal or proceeding in said supreme court. 
 
 23. TAX LEVY. ] The county commissioners shall at the 
 time of making the annual assessment and levy of taxes, levy 
 a tax of one dollar ($1) on each elector in the county for the 
 support of the common schools and a further general tax of 
 two mills on the dollar upon all taxable property in the county 
 to be applied to the same purpose, which shall, with the money 
 received from the state constitute and be known as the county 
 general school fund; and they shall levy such further tax upon 
 the taxable property of each school district as the board thereof 
 shall certify is required for the support of the schools of that 
 district, which latter special tax when collected shall be credited 
 to the district to which it belongs, to be collected at the same 
 time and in the same manner as perscribed by law for the col 
 lection of other county and state taxes. The county treasurer 
 shall on the first Monday in January, April, July and October, 
 furnish the county superintendent with a statement of all 
 moneys in the county treasury belonging to the county general 
 school fund, and shall pay the same upon the order of the su- 
 perintendent to the treasurers of the respective public school 
 corporations of the county. The county treasurer shall also 
 pay at such times as are .required by law to the treasurer of 
 each school corporation, all of the school money collected for 
 such corporation, and shall take duplicate receipts for the 
 money paid. He shall send one of the receipts to the clerk of 
 the said school corporation. 
 
 24. APPORTIONMENT OF SCHOOL MONEY. ] The county 
 superintendent shall, on or before the second Monday in Janu- 
 ary, April, July and October of each year, apportion the money 
 in the county treasury belonging to the county general school 
 fund to the several public school corporations within the county 
 in proportion to the number of children of school age residing 
 therein. He shall also draw orders on the county treasurer in 
 favor of the several school treasurers of the county for the 
 amount apportioned to them, and shall take their receipts 
 therefor. 
 
 25. DISTRICT INSTITUTES.] It shall be the duty of 
 county superintendents to hold district institutes during the 
 school year, and he shall actively and earnestly promote the 
 same. In holding said institutes he may group two or more 
 districts in institute organization. Said institutes shall be so 
 arranged that tfre teachers in each district or group of districts 
 
16 REVISED SCHOOL LAWS 1897. 
 
 shall have the benefit of such institutes at least twice during 
 the school year. 
 
 26. NOT HOLD OTHER OFFICE. ] The county superin- 
 tendent shall not hold the office of county commissioner or 
 school district officer; Provided, that no person shall hereafter 
 be elected or appointed to the office of county superintendent 
 who is not the holder of at least a valid first grade county cer- 
 tificate secured at least one year prior thereto, and who has not 
 had at least twenty-four (24) months of actual experience in 
 school teaching. 
 
 27. CLERK'S REPORT.] The clerk of each school dis- 
 trict shall, on or i before the first day of August of each year 
 make, sign, transmit, or deliver to the county superintendent, 
 an annual report in writing, covering the preceding school year 
 and including all the facts and statistics of the school district, 
 which are required to be included in the county superintend- 
 ent's state report, and in the same order therein required except 
 any item therein peculiar to the county and not belonging to 
 the district. He shall also report the branches of study in the 
 graded and ungraded schools separately, the names and addresses 
 of the district school officers, and the dates when their terms sev- 
 erally expire, and all other facts and statistics which the county 
 superintendent may require for his report to the superintendent 
 of public instruction. He shall also enumerate the number of 
 children of legal school age, male and female, designating each 
 separately, residing in the districts on the first day of May 
 previous to the dafce of such report,, and shall file such census 
 report with the county superintendent on or before the first 
 Monday of June of each year. 
 
 28. TREASURER'S REPORT. ] At the annual meeting of 
 the school board on the second Tuesday of July in each year, 
 the incoming district board shall make settlement with the dis- 
 trict treasurer, who shall at that meeting make his annual re- 
 port in triplicate, one copy to be preserved in the treasurer's 
 office, and upon approval of the same by the district board, one 
 approved copy to [be] filed with the district clerk and one ap- 
 proved copy to be transmitted by said clerk to the county super- 
 intendent on or before the first day of August in each year. On 
 making said settlement it shall be the duty of the district board 
 to compare the certified bills allowed by the board with the or- 
 ders issued, also to compare the orders paid by the district 
 treasurer the preceding year with the clerk's record of orders 
 issued; and also compare the record of money received and or- 
 ders paid by said treasurer with his annual report, and if found 
 correct the report shall be approved, the orders cancelled and 
 filed with the district clerk. The board shall cause to be posted 
 in three public places or published in a newspaper of general 
 
REVISED SCHOOL LAWS 1897. 17 
 
 circulation in the county an itemized statement of the receipts 
 and expenditures for the preceding school year. 
 
 29. FAILURE OF OFFICER TO REPORT. ] If any district 
 officer fails or neglects to transmit or deliver to the county 
 superintendent the annual report of his district at the time re- 
 quired by law it shall become the duty of the county super- 
 intendent to visit said district officer at his residence in said 
 district and to obtain such report. Upon sworn statement of 
 such visit being filed by the county superintendent with the 
 county auditor, the county commissioners shall order the sum 
 of five dollars to be transferred from the general fund of said 
 district to the county general fund and a county warrant for 
 that amount shall be issued to the county superintendent. 
 
 30. MILEAGE OF COUNTY SUPERINTENDENT.] The 
 county superintendent shall receive five (5) cents per mile 
 each way for every mile necessarily traveled in attending such 
 meetings of county superintendents as may be convened by the 
 state superintendent at any time; Provided, that such mileage 
 shall not be regarded as compensation. 
 
 CHAPTER III. 
 
 SCHOOL CORPORATIONS. 
 
 1. SCHOOL CORPORATIONS DEFINED.] In all counties 
 organized for school purposes under the district system, at the 
 taking effect of this act, each School district shall be and remain 
 a district school corporation, and each civil township in every 
 county in the state not organized for school purposes under the 
 district system at the taking effect of this act shall be and is 
 hereby constituted a district school corporation. Each town- 
 ship in every county in the state which at the taking effect of 
 this act consists of territory not organized into a civil township 
 shall be and remain a district school corporation; Provided, 
 whenever such school township shall be organized into or an- 
 nexed to a civil township, such civil township shall thenceforth 
 constitute a district school corporation; Provided, further, 
 nothing in this act shall be construed to alter the boundary lines 
 of any school district, or of any school township organized prior 
 to the passage of this act, except as hereinafter provided. 
 
 2. NEW COUNTIES DISTRICTS OF.] In any county 
 hereafter organized the county commissioners shall divide the 
 county, or the settled portions thereof, into school districts. In 
 the formation of such districts and the arrangement of their 
 boundaries as provided for in this section, the boundary lines 
 of congressional townships shall be made the boundaries of the 
 districts; Provided that no district shall be thus formed in 
 which there are not at the time of its formation at least ten 
 children of legal school age. 
 SL 2 
 
18 REVISED SCHOOL LAWS 1897. 
 
 3. TOWNSHIP DISTRICT HOW SUBDIVIDED. ] (1) In any 
 county containing township districts, such districts may be di- 
 vided as follows: Upon a receipt of a petition signed by at 
 least one- third of the qualified electors of any township district 
 it shall be the duty of the drstrict clerk to post a notice on the 
 door of each school house in said district calling an election for 
 the purpose of dividing said township district into new districts 
 of one school each. The election shall be held on the second 
 Tuesday of March at a convenient place designated by the 
 school board, at a regular or special meeting thereof; Provided, 
 that said petition and posted notices shall contain a plat of the 
 proposed division, and a copy of said plat shall be posted by 
 the district clerk at the polling place on the day of elec- 
 tion; Provided, further, that said petition shall be filed with the 
 district clerk at least twenty days prior to said election, and 
 said notices shall be posted at least ten days before said election 
 specifying time and place thereof. The provisions appertain- 
 ing to the election of district school officers shall apply to this 
 election as near as applicable. If a majority of the votes cast at 
 this election are in favor of division and said petition and the poll 
 book of said election are on file with the county auditor, the 
 board of county commissioners and county superintendent shall 
 at the next regular meeting of the board of county commis- 
 sioners in April following such election divide the said town- 
 ship into districts in accordance with the returns of said peti- 
 tion and ^lection. Any township district which comprises two 
 or more civil townships may be divided into school districts 
 corresponding to the civil townships. The division and appor- 
 tionment of indebtedness shall be made and the officers of such 
 new districts elected in the manner provided in the case of the 
 division of township districts into districts of one school each. 
 
 (2) At the regular [meeting] of the board of county commission- 
 ers in July following said election, the county commissioners 
 and the county superintendent shall make an equitable appor- 
 tionment of the property and indebtedness (other than bonded) 
 of the township district among the new districts formed there- 
 from; Provided, that should there be any bonded indebtedness 
 outstanding against the township district, the county commis- 
 sioners shall levy a tax annually on the property of the new 
 districts formed therefrom sufficient to pay the interest and 
 principal of the bonds as the same become due. The county 
 treasurer shall apply such tax to the payment of said bonded 
 indebtedness, and when the bonds are paid and cancelled the 
 county treasurer shall place the unused balance, if there be any, 
 of such tax, to the credit of the districts formed therefrom. 
 
 (3) Upon the receipt of a petition signed by a majority of the 
 qualified electors of any civil township in sai.d county, having 
 districts smaller than civil townships, the county commissioners 
 
REVISED SCHOOL LAWS 1897. 19 
 
 and the county superintendent of schools shall declare that the 
 school district shall comprise a civil -township and the county 
 superintendent shall appoint the neecssary officers as herein- 
 after provided in Section 1 of Chapter 4 of this act, who shall 
 hold until the next election; Provided, that in the union of said 
 minor districts all indebtedness shall be adjusted as provided 
 in Paragraph 2 of this section. 
 
 4. OFFICER'S REPORT IN CASE OF SUBDIVISION.] In 
 each new district formed by division as provided for in Section 
 3, the officers thereof shall be chosen at the annual school meet- 
 ing following. The clerk of each original township district 
 shall, on or before the first Monday in July following the divi- 
 sion as provided for in Section 3 of this chapter, forward to the 
 county auditor a certified statement of the finances of the town- 
 ship district, including the bonded and other indebtedness. The 
 treasurer of each original township district shall also within 
 the same time turn over to the county treasurer all money be- 
 longing to said district and such money shall be apportioned to 
 the districts succeeding as provided in Section 3 of this chapter. 
 
 5. NAME OF SCHOOL DISTRICT. ] Every school district 
 
 which consists of a civil township shall be named the 
 
 school district of 
 
 county, State of South Dakota, with the name of the civil town- 
 ship inserted in the blank before the word school, and the name 
 of the county in which it is situated inserted before the word 
 county. Every school district consisting of territory not organ- 
 ized into a civil township, but which has been named by a dis- 
 tinctive name shall have such distinctive name inserted in the 
 blank before the word school. Every school district consisting 
 of territory not organized into a civil township and which has 
 
 no distinctive name, shall be called school district No 
 
 of county, with its proper number inserted 
 
 in the blank after the word number, and the proper name of the 
 county inserted. 
 
 6. BOUNDARIES HOW CHANGED. ] After the boundary 
 lines of the several school districts in a county are established 
 as provided for in the preceding sections of this chapter, such 
 boundaries at any regular meeting may be changed, or new dis- 
 tricts created by the board of county commissioners and the 
 county superintendent of schools, upon a petition for such 
 change signed by ten legal voters residing in the district to be 
 affected by such change; due notice having been given by the 
 county auditor to the school board of the districts to be affected 
 by such proposed change; if, in the judgment of the commis- 
 sioners and the superintendent such change is for the best in- 
 terest of the patrons of the schools; Provided, that when peti- 
 tion is made for the formation of a district from parts of two 
 or more counties, the commissioners of the said counties may 
 
20 REVISED SCHOOL LAWS 1897. 
 
 in their discretion appoint a joint commission to establish the 
 boundaries of the proposed district and to adjust all accounts 
 relating thereto. The said joint commission sha 1 ! appoint the 
 necessary officers in said district. It shall be the duty of the 
 county superintendent of the county in which the school house 
 of said district is located to fill all vacancies that may occur 
 thereafter; to license the teacher for said school and to have su- 
 pervision of the same. Whenever district boundaries shall be 
 changed under the provisions of this act, it shall be the duty of 
 the county commissioners and the county superintendent to 
 make an apportionment of property and indebtedness as pro- 
 vided in Section 3 of this chapter. 
 
 7. SCHOOL DISTRICT CORPORATIONS.] Every school 
 district established under the provisions of this act shall be and 
 is hereby constituted a district corporation for school purposes 
 and under its own proper name or number of such corporation, 
 may sue and be sued, contract and be contracted with, and ac- 
 quire, purchase, hold and use personal and real property for the 
 purposes mentioned in this act; and sell and dispose of the same. 
 
 8. COUNTY SUPERINTENDENTS SHALL MAKE PLAT OF 
 COUNTY.] The county superintendent shall, within thirty days 
 after the first school election held as provided herein, transmit 
 to the superintendent of public instruction a plat of the county 
 showing the boundaries and name of each school district there- 
 in. He shall also record a copy of the same, together with all 
 the proceedings of the county board done under this act in a 
 proper book kept for the purpose. He shall promptly furnish 
 such officer with a corrected plat, showing any changes at any 
 time in the boundaries of school corporations. The superin- 
 tendent of public instruction shall furnish directions for the 
 suitable preparation and construction of such plats in regard to 
 the scale of marking, etc., in order to secure a uniform series of 
 maps for binding for office use. 
 
 CHAPTER IV. 
 
 DISTRICT SCHOOL BOARD. 
 
 1. SCHOOL DISTRICT OFFICERS. ] On the third Tuesday in 
 June, 1891, [1897] there shall be elected in each district a school 
 board consisting of a chairman, clerk and treasurer, for the 
 term of one, two and three years respectively, and annually 
 thereafter one member of said board for the term of three years; 
 Provided, that in districts containing two schools, not more 
 than two of such officers shall be patrons of the same school, 
 and in districts containing three schools not more than one such 
 officer shall be elected from any school in said district; Pro- 
 vided further, in districts containing more than three schools, 
 the patrons who, are electors of such schools as are not repre- 
 
REVISED SCHOOL LAWS 189/Vxupcmr- 2 * 
 
 sented on the school board by the school officers herein pro- 
 vided for, shall meet on the fourth Tuesday in June at their re- 
 spective school houses and elect one of their number a member 
 of the school board whose term of office shall be for one year. 
 Each officer and member elected under the provisions of this act 
 shall qualify on or before the second Tuesday in July following 
 his election, and shall hold his office for the number of years for 
 which he is elected, and until his successor is elected and quali- 
 fied. Whenever a new school district shall be formed, the county 
 superintendent of schools shall appoint temporary officers for 
 such school district who shall serve until the first annual school 
 election following and until their successors are elected and 
 qualified. Whenever a vacancy may occur from any cause in 
 any school office under the supervision of the county superin- 
 tendent, he shall also fill such vacancy by appointment, and 
 such officer shall hold such office until the next election when 
 the vacancy shall be filled by a vote of the people. 
 
 2. ANNUAL ELECTION OF SCHOOL OFFICERS. ] Not leSS 
 
 than ten days before the election required under Section 1 of 
 this chapter, the district clerk shall post notices in three public 
 places in the district. Said notices shall specify the time and 
 place of holding the election, and the hours during which the 
 polls shall be kept open. The chairman and clerk of the dis- 
 trict board shall serve as judge and clerk of the election. If 
 they are not present at the time of opening the polls, voters 
 present may select a judge and clerk from their number. The 
 polls shall be opened at 2 p. m. and kept open two hours in dis- 
 tricts having but one school, and four hours in districts having 
 more than one school. All persons who are qualified electors 
 under the constitution of the state shall be qualified to vote at 
 any school district election. The voting must be by ballot and 
 the polls and tally lists supplied through the county superin- 
 tendent must be kept and returned to the district clerk, who 
 shall, upon the receipt of the same, issue the certificate of elec- 
 tion to the persons receiving the greatest number of votes as 
 sl^own by the certified returns; Provided, that in case of a tie, 
 in the election of an officer, the contest shall be settled at once 
 by lot by the board of election. 
 
 3. SCHOOL BOARDS MEETINGS OF.] District boards 
 having under their control more than one school shall hold four 
 regular meetings each year for the transaction of business, to- 
 wit: On the second Tuesday in July, the last Tuesday of Au- 
 gust, November and March, at such place and hour as may 
 be fixed by the school board. District school boards hav- 
 ing under their control but one school shall meet annually on 
 the second Tuesday in July; Provided, that the district clerk 
 shall when requested by a majority of the board call a special 
 meeting at any time by giving written notice to each member 
 
22 REVISED SCHOOL LAWS 1897. 
 
 of the board; Provided also, that in any school district five 
 legal voters may petition the clerk to call a special meeting of 
 the voters at any time, and it shall be the duty of the clerk to 
 call each meeting by posting such notices at least ten days prior 
 to the time of meeting in three of the most conspicuous places 
 in the district. Said notices shall give the date, hour and ob- 
 ject of the meeting. 
 
 4. CHAIRMAN DUTIES OF.] The Chairman shall pre- 
 side at all meetings of the board. In his absence the chairman 
 pro tempore shall preside. The chairman shall perform such 
 other duties as are prescribed in this act. He shall receive two 
 (2) dollars for each regular meeting of the district board at- 
 tended by him. and shall receive no other compensation for his 
 services as a district officer. 
 
 5. CKERK DUTIES OF. ] Clerk of the board shall keep 
 an accurate record of all proceedings of the board, give or post 
 all notices, make out all reports and statements, shall take 
 census of the children of legal school age in his district and file 
 the same with the county superintendent on or before the first 
 Monday of June in each year and perform all other duties re- 
 quired by law or by order of the board. 
 
 6. CLERK AND TREASURER BONDS OF.] The school 
 treasurer shall on or before the second Tuesday in July follow- 
 ing his election, and before entering upon his duties, give a 
 bond to the school district conditioned that he will honestly 
 and faithfully discharge his duties as treasurer; that he will 
 render a true account of all funds and property that shall come 
 into his hands, and pay and deliver the same according to law; 
 Provided, that a bona fide deposit of school funds in the name t 
 of the school district in any bank or depository selected by a* 
 majority of the school electors of any school district, shall re- 
 lieve the school treasurer thereof from liability for loss of said 
 deposited funds w T hile on deposit therein. Such bond shall be 
 in such penal sum as may be fixed by the clerk and chairman of 
 the board, but not less than double the sum as nearly as can be as- 
 certained to come into his hands in any one year, shall be signed 
 by two or more sufficient sureties and shall be approved by the 
 clerk and chairman of the board. In case the said chairman 
 and clerk reiuse or neglect to approve the bond of the district 
 treasurer and the sureties thereto, such treasurer may present 
 the same to the county superintendent and serve notice thereof 
 upon the said chairman and clerk, and upon due proof of such 
 notice being made to the county superintendent, he shall unless 
 good cause for delay appear, proceed to hear and determine the 
 sufficiency of the bond and sureties thereto, and may approve 
 the same, and such approval shall be in all respects valid. The 
 clerk of the school board shall on or before the second Tuesday 
 in July following his election, and before entering upon his 
 
REVISED SCHOOL LAWS 1897. 23 
 
 duties, give a bond to the school district continued [conditioned] 
 that he will honestly and faithfully discharge his duties as 
 clerk, that he will render a true account of all property that 
 shall come into his hands as such clerk aud deliver the same 
 according to law. Such bond shall be in penal sum of one 
 hundred (100) dollars and shall be signed by two or more 
 sufficient sureties and shall be approved by the chairman and 
 treasurer. In case of neglect or refusal to approve such bond, 
 it shall be approved in such manner as provided in this section 
 for the approval of the bond of the treasurer. 
 
 7. TREASURER DUTIES OF.] The school treasurer 
 shall keep such accounts and make such reports as are required 
 of him by law. He shall pay no money out of the school funds 
 in his hands except upon the warrant of the school board, 
 signed by the clerk and countersigned, by the chairman. He 
 shall pay all warrants properly drawn and signed when pre- 
 sented so long as there is any money in his hands or subject to 
 his order for their payment, and shall draw all money in the 
 hands of the county treasurer belonging to his district at least 
 once every three months in each year. 
 
 8. WARRANTS PAYMENT OF. ] Whenever a warrant is 
 presented to the treasurer for payment and there is no money 
 in his hands or subject to his order for the payment of such 
 warrant, he shall endorse on such warrant ' 'presented for pay- 
 ment this day of 18 .. and not paid for want 
 
 of funds," and sign such endorsement. If he has in his hands 
 or subject to his order money for the part payment of such war- 
 rant he shall make such part payment and endorse the sum on 
 the warrant and add "balance not paid for want of funds," 
 signing the same. He shall keep a correct register of all war- 
 rants so presented and endorsed. Every warrant thus pre- 
 sented and endorsed shall draw interest for the amount unpaid 
 at seven (7) per cent per annum until paid; Provided, that 
 whenever there shall come into the hands of the treasurer or 
 subject to his order, money applicable to the payment of any 
 warrant which has been so presented and registered, the treas- 
 urer shall notify in writing, by mail, the drawee of such war- 
 rant at his last known place of residence to present such war- 
 rant for payment, and interest shall cease upon every such 
 warrant ten days after such notice shall have been sent and 
 such money shall be held for the payment of such warrant. 
 
 9. -WARRANTS HOW DRAWN.] Every warrant drawn 
 by the clerk of the district board on the district treasurer shall 
 specify the purpose for which the money is paid, the fund on 
 which it is drawn, and the person, firm or corporation to whom 
 paid; Provided, that no warrant shall be issued except for an 
 indebtedness incurred prior to its issue. 
 
24 REVISED SCHOOL LAWS 1897. 
 
 10. OFFICIAL OATH AND BONDS WHERE FILED. ] All 
 official bonds of school district officers shall be filed with the 
 county auditor. The oaths and reports of school district offi- 
 cers shall be filed with the county superintendent. 
 
 11. SALARY OF CLERK AND TREASURER.] The dis- 
 trict clerk and treasurer shall each receive a salary of five dol- 
 lars ($5) per annum for every school in the district; Provided, 
 that such salary shall not exceed twenty-five dollars (125) per 
 annum; Provided, further, that the county superintendent shall, 
 upon the receipt of the annual report of the clerk and treas- 
 urer, if correct, complete, and received on or before August 1st 
 of each year, notify the chair man of said school board that such 
 reports have been received. Thereupon the chairman of the 
 school board shall sign the warrant for their annual salary and 
 no part of said salary shall be paid until said notice, 
 
 CHAPTER V. 
 
 POWERS AND DUTIES OF THE DISTRICT SCHOOL BOARD. 
 
 1. POWERS AND DUTIES OF BOARD.] The district 
 school board shall have the general charge, direction and man- 
 agement of the school or schools o the district, and the care, 
 custody and control of all the property belonging to it, subject 
 to the provisions of this act. They shall organize, maintain, and 
 conveniently locate schools for the education of all children of 
 school age within the district. When pupils reside at an un- 
 reasonable distance from their nearest school house in the 
 school district, the school board may make reasonable finan- 
 cial provision for the transportation of such pupils to some 
 other school in the district, or for their tuition in some other 
 district; Provided, such provision shall be only for actual at- 
 tendance at public school. They shall make all necessary re- 
 pairs to the school houses, outbuildings and appurtenances and 
 shall furnish fuel and all necessary supplies for the schools. They 
 shall employ the teachers for the school or schools of the dis- 
 trict, and may dismiss any teacher at any time for plain viola- 
 tion of contract, gross immorality or flagrant neglect of duty; 
 Provided, that every contract for the "employment of a teacher 
 must be in writing. That they shall have power to admit to 
 the schools in the districts pupils from other districts, when it 
 can be done without injuring or overcrowding such schools, and 
 to make regulations for their admission and the payment of 
 their tuition therein. They shall also have power to make 
 proper and needful rules for the assignment and distribution of 
 pupils to and among the schools in the district, whenever it is 
 deemed necessary by the board, and for the best interests of 
 the pupils and district. Any school may be discontinued by 
 the district board, who shall make arrangements for the trans- 
 
REVISED SCHOOL LAWS 1897. 25 
 
 fer of pupils to some other school, and for their tuition therein. 
 They shall assist and co-operate with the teacher in the govern- 
 ment and discipline of the schools, and may make proper rules 
 and regulations therefor. They may suspend or expel from 
 school any pupil insubordinate or habitually disobedient; Pro- 
 vided, that such suspension shall not be for a shorter period 
 than ten days nor beyond the end of the current term of school. 
 They shall have power to levy upon the property in the dis- 
 trict, a tax for school purposes of not exceeding twenty (20) 
 mills on the dollar in any year, which levy shall be made by 
 resolutions of the board at their regular July meeting in spe- 
 cific amounts. The clerk shall immediately thereafter notify 
 in writing the county auditor of the amount of tax so levied. 
 The school board shall have the power to direct the removal of 
 a school house to a more convenient location upon a vote of a 
 majority of the electors of the school district; Provided, that 
 in districts in which there shall be but one school house a two- 
 thirds majority vote shall be necessary to remove such school 
 house from the center of the district to any other point in the 
 district, or from any point in the district to any other point in 
 the district, except such removal shall be to the center of the 
 district, in which 'case a majority vote shall be sufficient for 
 such removal; Provided, further, that any point within one 
 hundred and sixty rods of the geographical center of the dis- 
 trict shall be deemed the center for the purpose of this act. 
 The board shall have power, and on a demand of a majority of 
 the qualified electors of said district, it shall be the duty of 
 the board to provide for such extra branches of study added 
 to the regular course as may be desired by said electors. And 
 the school boards of districts having more than three schools 
 may on or before July first of any year, upon vote of the school 
 electors, establish a boundary of the subdivisions of the peo- 
 ple of their respective districts for the purpose of electing 
 a director for each school, as provided in this act. On the 
 fourth Tuesday of June of each year, in every district where 
 there are more than three schools wherein such subdivisions 
 have been established as above, there shall be elected one mem- 
 ber of the school board from each subdivision not already rep- 
 resented on the school district board; such member must be a 
 resident school elector, directly interested in the welfare of the 
 school for which he is chosen. His term of office shall be, one 
 year, and until his successor is chosen and qualified. The 
 member so elected shall within ten (10) days after such elec- 
 tion notify the clerk of the school district board and file his 
 oath of office with the county superintendent; and in case of 
 failure to qualify, the school board shall forthwith appoint a 
 member for said school. Five (5) days notice shall be given by 
 posting notices in three (3) conspicuous places in the vicinity, 
 
26 REVISED SCHOOL LAWS 1897. 
 
 one of which shall be on the school house door; but no such 
 meeting shall be illegal for want of such notice in the absence 
 of fraud; and the legality shall be determined, if called in ques- 
 tion, by the county superintendent, -whose decision shall be 
 final. Such meetings shall have power to determine what 
 branches in addition to those prescribed in Section thirteen 
 (13) Chapter eight (8) of this act, shall be taught in their res- 
 pective schools and at what time within the school year such 
 school shall be held, and to direct such repairs as they may 
 deem necessary in their school house, fixtures and outbuildings, 
 and may petition the district school board for the removal of 
 the school house to a more convenient location, for the erection 
 of a new one or the sale of an old one and the lands belonging 
 thereto; and upon any other subject connected therewith. And 
 it shall be the duty of the member of the school board of such 
 school to submit all such instructions to the clerk of the dis- 
 trict school board within ten (10) days after such instructions 
 have been given by the meeting. And it shall be the duty of 
 the district board to carry into execution all such instructions 
 pertaining to the branches to be taught and the time at which 
 school shall be held; Provided, that it shall be the duty of the 
 district board to furnish, equip and supply all the schools in the 
 district according to the several necessities of said schools, 
 and with as nearly equal school advantages as possible; Pro- 
 vided further, that nothing contained herein shall prevent the 
 district board from exercising a sound discretion as to all mat- 
 ters pertaining to the duties of their office not specifically pro- 
 vided for in this act. 
 
 2. DISCONTINUANCE OF SCHOOL. ] The patrons of any 
 school, or any school district board may petition the county su- 
 perintendent for the temporary discontinuance of such school; 
 said petition setting forth reason therefor and the remedy 
 proposed, which shall be signed by a majority of the patrons 
 or the school district board. Whereupon the county superin- 
 tendent shall order a hearing thereon, giving out notice of time 
 and place of such hearing to the patrons of the school and dis- 
 trict board and if after such hearing he shall deem it to the best 
 interests of said school and district, he may order the school 
 therein discontinued and the pupils thereof transferred to some 
 other school nearest the home of said pupils. 
 
 3. THE ELECTORS MAY INSTRUCT BOARD.] In every 
 district containing but one (1) school a majority of the qualified 
 electors thereof shall at any regulary called district school 
 meeting have authority to* instruct the district school board 
 concerning the management of the school and to levy taxes for 
 the maintenance of the same; Provided, that such taxes shall 
 be levied at the annual school meeting in July of each year, and 
 shall not exceed two (2) per cent of the taxable property in the 
 
REVISED SCHOOL LAWS 1897. 27 
 
 district; if any school district fails to hold in any school year, 
 at least six months of school in any school house in said dis- 
 trict, providing no legal discontinuance be had, it shall be the 
 duty of the county superintendent to notify the county treasurer 
 of the amount of money due said district from the apportion- 
 ment fund for the quarter ending September 30th of the suc- 
 ceeding year, which amount shall be returned to the county 
 general school fund, unless said district board made provisions 
 for the instruction of the pupils for the required time in some other 
 school. In case of failure in any district to levy a tax sufficient 
 to support a school for the number of months above named, the 
 board of county commissioners shall levy a tax on the property 
 of the district that will be sufficient for the purpose; Provided, 
 that such tax shall not exceed two (2) per cent of the taxable 
 property in the district. 
 
 4. CLERK SHALL NOTIFY AUDITOR ] It shall be the 
 duty of the district clerk on or before the 20th day of July in 
 each year to notify the county auditor of the amount of tax 
 voted at the last annual meeting or levied by the district school 
 board and of any and all other tax of which notice has not pre- 
 viously been given. The notice shall be substantially in the 
 following form: 
 
 District clerk's office School district No. : . . . 
 
 Co. , South Dakota. 
 
 189.... 
 
 To the county auditor of County, South Dakota, 
 
 Sir: You are hereby notfied that a meeting of 
 
 district No held on the day of the 
 
 following tax was voted for the coming school year: 
 
 For tuition fund Dollars 
 
 For general fund Dollars 
 
 For sinking fund Dollars 
 
 Total Dollars 
 
 Signed , 
 
 District Clerk. 
 
 5. ACCOUNTS HOW KEPT.] All moneys apportioned 
 by the county superintendent to the district or received from 
 the district tax for tuition purposes shall" constitute the tuition 
 fund. All moneys received from other sources shall constitute 
 the general fund. The treasurer shall keep one general ac- 
 count wherein he shall set down on the debit side all the money 
 he shall receive as treasurer from all sources whatever, each 
 item of entry showing plainly the source of the particular pay- 
 ment to him, with the date thereof, and he shall set down upon 
 the credit side all the money he shall pay out for all purposes 
 whatever; each item thereof showing to whom and for what 
 purpose each payment was made with the date thereof. The 
 total of the debit side shall always be balanced by the total of the 
 
28 REVISED SCHOOL LAWS 1897. 
 
 credit side with the funds on hand added thereto. At the begin- 
 ning of every school year he shall open such account anew for 
 that year, and the first item shall be an entry on the debit side 
 of the balance on hand, if any, for the preceding year. He 
 shall also keep a separate set of accounts of different classes of 
 receipts and expenditures, showing severally the following: 
 
 RECEIPTS. 
 
 Amount received into the tuition fund from all sources 
 
 Amount received into the general fund from all sources 
 
 Amount received into the sinking fund from all sources 
 
 EXPENDITURES. 
 
 Amount paid for tuition 
 
 Amount paid for school houses, sites and furniture 
 
 Amount paid for incidental expenses 
 
 Amount paid as interest on bonds 
 
 Amount paid upon debts and liabilities not included in other 
 
 items 
 
 The several accounts shall be separately kept, and not required 
 to balance. The accounts for different classes of receipts shall 
 be kept separately from the accounts of the different classes of 
 expenditures; but every entry in each shall fully and clearly 
 designate its source or purpose, with the dates. 
 
 6. SCHOOL SITE. ] The district school board shall pur- 
 chase or lease such site for a school house as shall have been 
 designated by voters at a district meeting in the corporate name 
 thereof, and shall move any school house in the district to any 
 site designated by the voters at any regular or special district 
 meeting; and shall build, hire or purchase such school house as 
 the voters of the district in the district meeting shall have agreed 
 upon, out of the funds provided for that purpose, and make sale 
 of any school house or other property of the district, and if nec- 
 essary, execute a conveyance of the same in the name of the dis- 
 trict w 7 hen lawfully directed by the voters of such district at 
 any regular or special meeting, and shall carry into effect all 
 lawful orders of the district. 
 
 7. BOARD MAY TAKE LAND.] It shall be lawful for any 
 board of district officers to take and hold any land not exceed- 
 ing two (2) acres, situated on a section line or upon a regularly 
 laid out highway, legally chosen as a school house site by a law- 
 ful district meeting. If the owner of such land refuses or neg- 
 lects to grant such site to the district, or cannot be found, the su- 
 perintendent of that county shall upon application proceed ac- 
 cord ing to law to condemn and acquire title to the same in the 
 name of said district; Provided, that no site shall be thus taken 
 within forty (40) rods of any residence when the owner thereof 
 objects to its being placed there, and not in any orchard, garden 
 or public park. But this section shall not apply to any incor- 
 porated town. 
 
REVISED SCHOOL LAWS 189 
 
 8. CONDITIONS.] The title acquired to such school site 
 shall be for such purpose only, and if not used for the purpose 
 of maintaining a public school thereon for two successive years 
 the title shall revert to the original owner upon repayment of 
 the sum paid with the value of improvements made by the dis- 
 trict and without interest. 
 
 9. REPORTS IN ENGLISH.] All reports and records of 
 district officers, and proceedings of district meetings shall be in 
 the English language, and if any money belonging to any dis- 
 trict shall be expended for supporting a school in which the 
 English language shall not be taught exclusively, the county su- 
 perintendent or any taxpayer of the district may in civil action 
 in the name of the district recover said money from the officer 
 so expending it. 
 
 10. CLERK OF DISTRICT MEETINGS.] The district clerk 
 shall be clerk of all district meetings, but if such clerk shall not 
 be present, or being present shall refuse to act at such district 
 meeting, the voters present may appoint a clerk for such meet- 
 ing, who shall certify the proceedings thereof, and the same 
 shall be recorded by the clerk of the district. 
 
 11. WEBSTER'S DICTIONARY. ] The district school board 
 shall provide for each school in the district one Webster's Inter- 
 national dictionary. And they may also provide for each school 
 other high grade library books and books of reference as they 
 may deem for the best interests of the schools; Provided, said ex- 
 pense shall not exceed ten dollars for any school in any one year. 
 And it is especially provided further that no school district 
 board shall buy any apparatus, chart or similar device, unless 
 said board is expressly authorized so to do by a majority of the 
 school electors of such school district at a regular or regularly 
 called special meeting thereof. 
 
 12. CLERK SHALL DRAW WARRANTS. ] The clerk shall 
 draw and sign all warrants for the payment of money for the 
 purpose legally ordered by the board, and every such warrant 
 shall be countersigned by the chairman of the board. No war- 
 rant shall be drawn by the clerk except upon presentation of a 
 bill for the service rendered, duly certified, and the same shall 
 be retained by him as voucher and placed on file in his office. 
 
 CHAPTER VI. 
 
 TEACHERS AND SCHOOLS. 
 
 1. TEACHERS HOW EMPLOYED.] Teachers shall be 
 employed only upon the exhibition of a teacher's certificate valid 
 in the county where employed, and then only upon a written 
 contract signed by the teacher and at least two (2) members of 
 the district school board which shall specify the date at or about 
 which the school shall begin, the length of time it shall con- 
 
30 REVISED SCHOOL LAWS 1897. 
 
 tinue, the wages per month, and the time of payment thereof, 
 and said contract shall be signed in duplicate and one (1) copy 
 filed in the office of the clerk and the other retained by the 
 teacher. The following conditions shall be understood as forming 
 a part of every such contract whether expressed therein or not: 
 (1) The teacher shall not hold school upon any of the following 
 legal holidays: The thirtieth (30th) day of May, the fourth 
 (4th) day of July, the day appointed by the president of the 
 United States for national thanksgiving, and the twenty-fifth 
 (25th) day of December. But such days shall count as part of 
 the term and the teacher shall be paid therefor, but such pay 
 shall not be drawn for any Saturday or Sunday. (2) School 
 shall be adjourned during the session of the county normal in- 
 stitute, when the teachers have been notified by the county su- 
 perintendent. (3) Teachers shall receive into their schools pu- 
 pils transferred thereto by order of the district board, or admit- 
 ted by its authority. (4) Teachers shall send the notices, keep 
 the proper entries in the register which shall show the grade in 
 which each pupil belongs, the pupil's standing as shown by the 
 examination and such other information as will assist the suc- 
 ceeding teacher in the conduct and management of the school, 
 and make the reports required by law, and the county superintend- 
 ent shall promptly furnish without cost to the teacher the blank 
 forms for such reports, and the district board shall furnish for 
 use the proper register prepared, so that the required facts and 
 statistics can be kept in an orderly manner. (5) Teachers shall 
 classify the work in their schools in accordance with the sugges- 
 tions, grades and outlines as prescribed in the course 6f study 
 recommended by a majority of the county superintendents of the 
 state and the superintendent of public instruction, and shall hold 
 examinations and make reports as prescribed therein. 
 
 2. TEACHERS' REGISTER. ] The board of every school 
 district shall provide one (1) suitable classification school re- 
 gister for each school therein, and keep the same as part of the 
 records of his office except during each term of school, when 
 the teacher shall keep said register and record therein each day 
 the attendance of each pupil and the absence of those enrolled, 
 and all other items necessary for making the report in the next 
 section required. 
 
 3. TEACHERS SHALL MAKE REPORT. ] Every teacher 
 of a common school under this law shall at the expiration of 
 each term immediately make out full duplicate reports and de- 
 liver one copy thereof with the school register to the school 
 clerk, and one to the county superintendent. Such report shall 
 show the names, ages and sex of all pupils admitted during 
 such term, the branches taught, the studies pursued by each 
 pupil, the text books used, the number of days taught, the num- 
 ber of days each pupil was present, the average daily attend- 
 
REVISED SCHOOL LAWS 1897. 31 
 
 ance, the date when school began and ended, the salary per 
 month, and information concerning the school and property. 
 In addition to the above the report shall show the grade in 
 which each pupil belongs, his standing as shown by the month- 
 ly and term examinations, the daily program of class recitation, 
 and such other information as may be required by the county 
 superintendent. The teacher shall also make monthly reports 
 to parents and to county superintendents when blanks for same 
 are furnished. And until such report shall have been so filed 
 with the clerk, the school board shall not pay more than ninety 
 (90) per cent of the wages of such teacher for his or her services 
 as such, for the time required to be covered by such report. 
 
 4. SHALL GIVE NOTICE. ] Every teacher on commenc- 
 ing a term of school shall give written notice to the county 
 superintendent of the time and place of beginning such school, 
 and the probable time when it will end. 
 
 5. PENALTY FOR DISTURBING A SCHOOL. ] Every per- 
 son, whether pupil or not, who shall willfully molest or disturb 
 a public school when in session, or who shall willfully interfere 
 with or interrupt the proper order or management of a public 
 school by acts of violence, boisterous, conduct or threatening 
 language, so as to prevent the teacher or any pupil from per- 
 forming his duty, shall upon conviction thereof be punished by 
 a fine not exceeding twenty-five dollars (125), or by imprison- 
 ment in the county jail not more than ten (10) days, or by both 
 such fine and imprisonment. 
 
 6. READING OP MORAL INSTRUCTION. ] Moral instruc- 
 tion, intending to impress upon the minds of the pupils the im- 
 portance 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 service of the state. 
 
 CHAPTER VII. 
 
 COMPULSORY EDUCATION. 
 
 1. ATTENDANCE PERIOD OF PENALTY.] Every per- 
 son having under his control a child between the age of eight 
 and fourteen years, shall annually cause such child to attend 
 for at least twelve weeks, at least six weeks of which attend- 
 ance shall be consecutive in some public day school in the city, 
 town or independent district in which he resides, which time 
 shall commence with the beginning of the first term of the school 
 year or as soon thereafter as due notice shall be served upon the 
 person having such control of his duty under this act. For 
 every neglect of such duty, the person offending shall forfeit to 
 the use of the public schools of his school corporation a sum not 
 less than ten (10) dollars nor more than twenty (20) dollars, 
 
32 REVISED SCHOOL LAWS 1887. 
 
 and shall stand committed until such fine and costs of suit are 
 paid. But if the person so neglecting shall show to the board 
 of education, or district school board, as the case may be, that 
 such child has attended for a like period of time a private day 
 school, or that instruction has otherwise been given for a like 
 period of time to such child in the branches commonly taught in 
 a public school, that such child has already acquired the 
 branches of learning taught in the public schools or that his 
 physical or mental condition as declared by a competent physi- 
 cian is such as to render such attendance inexpedient and im- 
 practicable, then such penalty shall not be incurred. Such fine 
 shall be paid when collected to the county treasurer, or the 
 treasurer of such city or independent district in which such child 
 and parents reside, to be accounted for by him as other money 
 raised for school purposes. 
 
 2. ARREST OF TRUANT CHILDREN. ] It shall be the duty 
 of the president of the board of education in every city or other 
 independent district and the chairman of every district school 
 board carefully to inquire concerning all supposed violations of 
 this act and to enter complaint against all persons who shall ap- 
 pear to be guilty of such violation. It shall also be the duty of 
 said officers to arrest children of a school going age who habit- 
 ually haunt public places and have no lawful occupation, and 
 also truant children who absent themselves from school without 
 leave, and to place them in charge of the teacher having charge 
 of the public schools which said children are by law entitled to 
 attend. And it shall be the duty of said teacher to assign such 
 children to the proper classes and instruct them in such studies 
 as they are fitted to pursue. Any school officer failing or neg- 
 lecting to perform the duty required of him by this chapter shall 
 be liable to a fine of not less than ten (10) nor more than twenty 
 (20) dollars for every such offense. 
 
 3. EMPLOYMENT OP CHILDREN. ] No child between eight 
 and fourteen years of age shall be employed in any mine, fac- 
 tory or workshop or mercantile establishment, or, except by his 
 parent or guardian, in any other manner during the hours when 
 the public schools in the city, town, village or district, are in 
 session, unless the person, firm or corporation employing him 
 shall first procure a certificate from the superintendent of the 
 schools of the city, town or village, if one be employed, other- 
 wise from the clerk of the school board or board of education, 
 stating that such child has attended school for the period of 
 twelve weeks during the year, as required by law, or has been 
 excused from attendance as provided in Section one (1) of this 
 article; and it shall be the duty of such superintendent or clerk 
 to furnish such certificates upon application of the parent, guar- 
 dian or other person having control of such child, entitled to the 
 same. Every owner, superintendent or overseer of any mine, 
 
REVISED SCHOOL LAWS 1897. 33 
 
 factory, workshop or mercat tile establishment, and any other 
 person who shall employ any child between eight and fourteen 
 years of age contrary to the provisions of this article, shall be 
 deemed guilty of a misdemeanor, and for every such offense shall 
 upon conviction thereof be fined not less than ten dollars ($10) 
 nor more than twenty dollars ($20) and costs. 
 
 4. FALSE STATEMENT. ] Any person having control of 
 a child who with the intent to evade the provisions of this act, 
 shall make a willfully false statement concerning the age of such 
 child, or the time such child has attended school, shall for such 
 an offense forfeit a sum not less than ten (10) nor more than 
 twenty dollars ($20) for the use of the public school corpora- 
 tion. 
 
 5. PROSECUTIONS HOW AND BY WHOM MADE. ] Pros- 
 ecutions under this act shall be instituted and carried on by the 
 district school board or the chairman of the board of education 
 in independent districts; Provided, that all prosecutions of 
 school officers for their neglect of duty regarding the provis- 
 ions of this chapter, shall be instituted and carried on by the 
 county superintendent. 
 
 6. COURTS HAVING JURISDICTION. ] Police and munici- 
 pal courts, justices of the peace and judges of the county court 
 shall have jurisdiction within their respective counties of the 
 offenses described in this act. 
 
 CHAPTER VIII. 
 
 MISCELLANEOUS. 
 
 1, DEFINITION OF SCHOOL DAYS.] The school year 
 shall begin July one (1) and end June thirty (30). A school 
 month shall consist of twenty (20) days, a school week of five 
 school days, a school day of five and one-half school hours ex- 
 clusive of intermissions; Provided that the time specified as 
 a school day shall not apply to primary schools, and Saturdays 
 shall not be counted as school days. 
 
 2. ILLEGAL CONTRACTS. ] No contract binding on the 
 school district shall be made in any case except by the school 
 board or board of education, acting as such, at a regular or reg- 
 ularly called special meeting, excepting contracts made for the 
 employment of teachers. 
 
 3. PENALTY FOR FALSE REPORT. ] Any clerk or treas- 
 urer of a school district who shall willfully sign or transmit a 
 false report to the county superintendent or willfully sign, is- 
 sue or publish a false statement of facts purporting or appear- 
 ing to be based upon books, accounts or records, or of the af- 
 fairs, resources and credit of the school district, shall upon con- 
 viction be punished by a fine not exceeding fifty dollars ($50) 
 or by imprisonment in the county jail not exceeding fifteen 
 
 S L 3 
 
34 REVISED SCHOOL LAWS 1897. 
 
 days. And any clerk or treasurer of a school district who shall 
 willfully mutilate or destroy any of the books, accounts or re- 
 cords of his office, or who shall refuse to deliver to his suc- 
 cessor in office all the books, accounts, moneys and records of 
 his office upon demand of his successor for the same, shall be 
 deemed guilty of a misdemeanor and it shall be the duty of said 
 successor to begin action immediately upon the official bond of 
 such officer for recovery of such money or other property. 
 
 4. MUST QUALIFY. ] No officer of a school district shall 
 perform any duties of the office nor receive any of the property, 
 money, books or papers belonging to the office, nor any money 
 from the county treasurer, or warrant thereof, until he has 
 fully qualified as required by law. 
 
 5. VACANCY HOW PILLED. ] If any person appointed 
 or elected to a school district office shall for one month after 
 the time fixed by law fail to qualify or give bonds as provided 
 by law, the office shall be deemed vacant and the county super- 
 intendent shall, when notified of such vacancy proceed to fill 
 the same by appointment. Whenever a treasurer of a school 
 district, by election or appointment, becomes his own successor 
 he shall give new bonds, and all such officers shall qualify anew 
 upon entering upon a new term. If from sickness or any other 
 cause, such officer shall become incapacitated or unable to at- 
 tend to the duties of his office, the fact shall be certified to the 
 county superintendent by the clerk of the school district. If 
 the clerk fails to notify the county superintendent of any va- 
 cancy that may exist, it shall be the duty of the remaining of- 
 ficer or officers to do so, and a successor shall be appointed to 
 fill such vacancy, and such appointment shall be held official 
 until the next election, when any vacancy shall be filled by an 
 election. 
 
 6. RECORDS OPEN TO INSPECTION.] All reports, and 
 all books, records, vouchers, contracts and papers of all kinds 
 relating to the school houses, schools and school business in 
 the district in the office of the clerk or treasurer, shall be at all 
 times open to the inspection of the chairman, who shall advise 
 and aid toward securing correct records and accounts and legal 
 reports, and they shall likewise be open to the inspection of 
 state and county superintendents, and any particular paper or 
 record shall be exhibited at reasonable hours to the examination 
 of any voter or taxpayer. 
 
 7. TAX LEVY TO SATISFY JUDGMENT. ] Whenever any 
 final judgment shall be obtained against any school corporation 
 the board thereof shall levy a tax upon the taxable property 
 in the corporation for the payment thereof, and such tax shall 
 be collected as other school taxes, but no execution shall issue 
 against any school corporation; such tax or taxes shall not be 
 greater than two (2) per cent in any one year, and any surplus 
 
REVISED SCHOOL LAWS 1897. 35 
 
 fund in the treasury of the school corporation may be appro- 
 priated to the payment of a judgment. If the school board 
 shall refuse or fail to levy such tax, the judgment creditor may 
 apply to the board of county commissioners, who shall cause 
 such tax to be levied upon the property of the school district. 
 When collected, it shall be paid over by the county treasurer to 
 the judgment creditor, whose receipt therefor shall be delivered 
 the same as money to the treasurer of the school corporation by 
 the county treasurer. Such levy may be repeated until the 
 judgment is paid. 
 
 8. JURISDICTION IN SCHOOL SUITS. ] Justices of the 
 peace shall have jurisdiction in all cases in which a school 
 corporation is a party interested when the amount that is 
 claimed does not exceed one hundred dollars ($100) and the 
 party shall have the right to appeal as in other cases. 
 
 9. FINES AND PENALTIES.] All fines and penalties not 
 otherwise provided for in this act shall be collected by action 
 in any court of competent jurisdiction. 
 
 S 10. ASSESSOR DUTY OF.] Every township or county 
 assessor shall, on or before the first day of July in each year, 
 furnish to the clerk of each school corporation, the property of 
 which he assesses, a certificate of the valuation of all real prop- 
 erty and all personal property and of the total of these subject 
 to taxation within the corporation for the current year. 
 
 11. MAJORITY RULE.] Words giving a joint authority 
 to three or more public officers or other persons are construed 
 as giving such authority to a majority of them unless it be 
 otherwise expressed in the section or law giving the authority, 
 and when a decision or direction is made by the majority of 
 such officers or persons, it is the duty of the one to whom its 
 execution belongs by law, to execute the same in all respects as 
 if he had favored the particular decision or direction, as if it 
 were authorized unanimously. 
 
 12. ANNUAL SCHOOL ELECTION.] The school district 
 annual election shall be held upon the third Tuesday of June in 
 each year. 
 
 13. BRANCHES TO BE TAUGHT. ] Instruction shall be 
 given in the common schools of the state in the following 
 branches in the several grades in which each may be required, 
 viz: Reading, writing, orthography, arithmetic, geopraphy, 
 English grammar, history of the United States, physiology and 
 hygiene, with special instructions as to the nature of alcoholic 
 drinks and narcotics and their effect upon the human system, 
 and civil government. 
 
 14. FORM OF OATH.] All school district officers and 
 directors, before entering upon the duties of their respective 
 offices, shall take an oath to support the constitution of the 
 
36 REVISED SCHOOL LAWS 1897. 
 
 United States and of the state of South Dakota, and faithfully 
 and impartially to perform the duties of such office. 
 
 15. PENALTY FOR DEFACING SCHOOL PROPERTY.] Any 
 person who cuts, defaces or otherwise injures any school house, 
 apparatus or outbuilding thereof, is liable to suspension or ex- 
 pulsion; and on the complaint of the teacher, to the director, 
 or to the clerk of the school board, the parents or guardians of 
 such pupils shall be liable for all damages. 
 
 S 16. READING CIRCLES.] It shall be the duty of the 
 county superintendeiryt&jencourage the formation of teachers' 
 reading circles in his^oimty. ' : 4 
 
 17. SCHOOL DISTRICT DEFINED.] Any school district 
 containing two or more schools except those governed by the 
 provisions of Chapter 10 relating to cities, towns and other in- 
 dependent districts, are for the purposes of this act defined to 
 be township districts. 
 
 CHAPTER IX. 
 
 SCHOOL BONDS. 
 
 1. VOTE FOR ISSUE OF BONDS. ] Whenever the quali- 
 fied electors of a school district shall at any uegular or special 
 meeting held for that purpose, vote to issue school district 
 bonds for the purpose of building and furnishing a school house 
 and purchasing ground on which to locate the same; or to fund 
 any outstanding indebtedness, the district school board may law- 
 fully issue such bonds in accordance with the provisions of this 
 act; Provided, however, that the question of issuing bonds 
 shall not be submitted to a vote of the district and no meeting 
 shall be called for that purpose until the district school board 
 shall have been petitioned in writing by one-third of the voters 
 resident in said school district. 
 
 2. BOND ELECTION.] Before the question of issuing 
 bonds shall be submitted to a vote of the school district, notices 
 shall be posted in at least three (3) public and conspicuous 
 places in said district, stating the time and place of meeting, 
 the amount of bonds proposed to be issued and the time in 
 which they shall be made payable; said notices shall be posted 
 not less than twenty (20) days before the meeting, and the vot- 
 ing shall be done by means of written or printed ballots, and all 
 ballots deposited in favor of issuing the bonds shall have there- 
 on the words, "For issuing bonds," and those opposed thereto 
 shall have thereon the words ''Against issuing bonds;" and if a 
 majority of all the votes cast shall be in favor of issuing bonds, 
 the school board, through its proper officers, shall forthwith 
 proceed to issue bonds in accordance with the vote, but if a 
 majority of all the votes cast are against issuing bonds, then no 
 further action can be had, and the question shall not again be 
 
REVISED SCHOOL LAWS 1897. 37 
 
 submitted to a vote for one year thereafter, except for a differ- 
 ent amount. 
 
 3. DENOMINATION OF BONDS. ] The denominations of 
 the bonds which may be issued under the provisions of this act 
 shall be fifty dollars (150) or some multiple of fifty, not exceed- 
 ing two hundred dollars (1200) and shall bear interest at the 
 rate of not exceeding seven per cent per annum, payable semi- 
 annually in accordance with interest coupons, which shall be 
 attached to said bonds; and no greater amount than one thou- 
 sand dollars ($1,000) can be issued for any one school house 
 except in towns and villages of more than three hundred in- 
 habitants, and in such districts the amount shall not exceed 
 four per cent of its assessed valuation and may be made payable 
 in not less than three nor more than fifteen years from date, in 
 annual, biennial or triennial succession. In addition to the 
 amount that may be already assessed under existing laws, there 
 shall be levied upon the taxable property of the school district 
 so issuing bonds, and collected as other taxes are collected, a 
 sum sufficient, not exceeding three mills on the dollar of as- 
 sessed valuation of said districts to pay interest upon said 
 bonded indebtedness, and each year preceding the year in which 
 any annual, biennial or triennial payment of bonds become due, 
 a further tax not exceeding six (6) mills upon the dollar shall 
 be levied to meet said annual, biennial or triennial payments. 
 This section shall apply only to bonded indebtedness incurred 
 under the provisions of this act. 
 
 4. REQUIREMENTS AS TO FORM.] Whenever any bonds 
 are issued under the provisions of this act, they shall be litho- 
 graphed or printed on good bond paper and shall state upon 
 their face the date of their issue, the amount of the bond, to 
 whom and for what purpose issued, also the time and place of 
 making, and the rate of interest to be paid. They shall have 
 printed upon the margin the words ''Authorized by the act of 
 the legislative assembly of the state of South Dakota, A. D. 
 1891," and upon the back of the bonds a certificate signed by the 
 county auditor in substantially the following form: "I certify 
 that the within bond is issued in accordance with law, and is 
 within the debt limits permitted by the constitution of the state 
 
 of South Dakota, and in accordance with a vote of 
 
 .school district at a regular (or special) meeting on 
 
 the day of A. D. 18 to 
 
 issue bonds to the amount of 
 
 Dollars." They shall be signed by the chairman and clerk of 
 the school board and shall be registered and numbered in a book 
 to be kept by the clerk for that purpose, in' which shall be en- 
 tered the number, date and name of the person to whom issued, 
 and the dates when the same shall become due. 
 
38 REVISED SCHOOL LAWS 1897. 
 
 5. SINKING FUND. ] In addition to the amount that may 
 already be assessed under existing laws, there shall be levied 
 upon the taxable property of the school districts so issuing 
 bonds, and collected as other taxes are collected, a sum suffi- 
 cient, not exceeding three mills on the dollar of assessed valua- 
 tion of said district to pay interest upon such borded indebted- 
 ness, and after five years in like manner a further tax not to ex- 
 ceed six (6) mills on the dollar for a sinking fund, to be used in 
 payment of such bonds when they become due, and for no other 
 purpose except that whenever there may be sufficient funds on 
 hand belonging to such sinking fund, the school board may in 
 their discretion purchase any of its outstanding bonds at their 
 market value and pay for the same out of the sinking fund. 
 This section shall apply only to the bonded indebtedness incur- 
 red under prior acts. 
 
 6. SALE OF BONDS. ] Whene/er any bonds shall be is- 
 sued under the provisions of this act, the school district treas- 
 urer shall have authority to negotiate and sell such bonds for not 
 less than par, and the proceeds shall be used exclusively for the 
 purpose of building and furnishing a school house, and in pay- 
 ment for a site for the same and for necessary buildings. 
 
 7. BONDS A LIEN. ] Bonds issued under the provisions 
 of this act shall be a lien upon the taxable property of the school 
 district issuing them, and when any school board neglects or re- 
 fuses to levy a tax in accordance with law to meet any outstand- 
 ing bonds or interest thereon, the county auditor shall have 
 power to levy such tax, and when collected to apply the pro- 
 ceeds to the payment of such coupons and bonds. 
 
 8. CANCELLATION OF BONDS. ] Whenever the bonds of 
 any school district shall have been reduced by the school board, 
 they shall be cancelled by writing: or printing in red ink the 
 words "cancelled and paid" across each bond and coupon, and 
 the date of payment and the amount paid shall be entered in the 
 clerk's register against the proper number of bond and the bonds 
 so cancelled shall be filed in the office of the district treasurer, 
 until all the outstanding bonds are paid, when they shall be de- 
 stroyed in the presence of the full board. 
 
 9. CONTRACT FOR BUILDING SCHOOL HOUSE. ] When- 
 ever any school house is built with funds provided in the man- 
 ner herein authorized, the school board shall advertise at least 
 thirty (30) days in some newspaper printed in the county, or 
 by posting notices for the same length of time in at least three 
 of the most public and conspicuous places, if no newspaper is 
 published in the county, for sealed proposals for building and 
 furnishing such school house in accordance with plans and 
 specifications which shall be furnished by the school board, re- 
 serving the right to reject any and all bids, and if any of the 
 proposals shall be reasonable and satisfactory said board shall 
 
REVISED SCHOOL LAWS 1897. 39 
 
 award the contract to the lowest responsible bidder, and shall 
 require of such contractor a bond in double the amount of the 
 contract, conditioned that he will properly account for all 
 money and property of the school district that may come into 
 his hands, and that he will perform the conditions of his con- 
 tract in a faithful manner and in accordance with its provisions, 
 and in case all the proposals shall be rejected, said board shall 
 advertise anew in the same manner as before and until a rea- 
 sonable bid shall be submitted; Provided, however, that no 
 member of the district school board, clerk or treasurer, shall 
 be interested directly or indirectly in any contract for building 
 or furnishing any school house provided for in this act. 
 
 10. APPLICATION OF THIS ACT.] The provisions of 
 this act shall be applicable to and authorize the issue of bonds 
 by such school districts as have already built school houses and 
 issued orders or warrants therefor, and any school district may 
 vote to bond the indebtedness incurred by reason of building 
 and furnishing school houses, or to refund any bonded indebt- 
 edness. 
 
 CHAPTER X. 
 
 CITIES, TOWNS AND OTHER INDEPENDENT DISTRICTS. 
 
 1. LAW WHERE IN FORCE.] All cities now organized 
 or hereafter to be organized under the general act to provide 
 for the incorporation of cities, shall be governed by the pro- 
 visions of this act; Provided, that any city, town or village now 
 organized under a special act, either for civil government or 
 educational purposes, may at any time adopt the provisions of 
 this act by a majority vote of the electors; Provided further, 
 that any town or village having a population of one hundred 
 inhabitants or over within a radius of one mile of the center 
 may adopt the provisions of this chapter. In such cases the 
 county superintendent shall, upon petition of a majority of the 
 legal voters within the proposed district, call the first election 
 therefor by posting notices in not less than three of the most 
 public places in the district or districts in which the said town 
 or village is situated. Said notice shall contain a full descrip- 
 tion of the boundaries of the proposed district, and also the 
 time and place of holding the election. If a majority of the vot- 
 ers in the district or districts in which the said town or village 
 is situated shall vote for the incorporation of said town or vil- 
 lage as a corporation for school purposes, then it shall be con- 
 sidered as authorized, and the county superintendent shall, 
 without delay, publish notices for an election of officers for said 
 corporation. 
 
 2. COMMITTEE OF ARBITRATION. ] Whenever a new cor- 
 poration is authorized as provided in Section one ( 1 ) of this chap- 
 
40 REVISED SCHOOL LAWS 1897. 
 
 ter, the county superintendent, the president of the board of 
 education of the district thus organized, and the chairman of 
 the school districts affected by the organization of the new dis- 
 trict, shall constitute a committee of arbitration for the pur- 
 pose of adjusting all property interested between the new cor- 
 poration and the district or districts affected by its formation. 
 The title to all real property granted to the new corporation by 
 the committee of arbitration shall be made over to the said cor- 
 poration or corporations in which it was previously vested upon 
 order of the said committee. And all personal property granted 
 to the said new corporation by the committee shall be delivered 
 to the proper officers by those having it in charge upon demand 
 accompanied by the order of the committee. It shall be the 
 duty of the county superintendent to tile with the county aud- 
 itor a correct plat showing the adjustment of district bound- 
 aries in consequence of the formation and organization of a dis- 
 trict as above provided. 
 
 3. A FREE SYSTEM OF SCHOOLS.] Each corporation 
 organized under this chapter, shall establish and maintain a 
 system of free common schools, which shall be kept open not 
 less than six nor more than ten months in any one year and 
 shall be free to all children of legal school age residing within 
 such corporation. 
 
 4. ADJACENT TERRITORY HOW ATTACHED. ] Territory 
 outside of the limits of any organized city, town or village, but 
 adjacent thereto, may be attached to such city, town or village 
 for school purposes under the following conditions: 
 
 First. Application for such change must be made by a 
 majority of the electors of such adjacent territory by written 
 >etition. 
 
 Second. Upon receipt of such petition, the county super- 
 mdent shall call a committee to decide upon granting .or re- 
 the petition, said committee consisting of himself, the 
 nt of the board of education, and the chairman of the 
 board of the district in which the petitioners re- 
 
 The committee shall consider the interests of the 
 two c^ljporatjons concerned, the convenience of the petitioners 
 and the^peimlanent school interest, and if they deem it proper, 
 shall graniJt]2|7 petition and issue an order authorizing the at- 
 taching <5iX^S4njritory to the city, town or village to which it 
 [is] adjacem- N anchs|jecify in such order to what ward or wards 
 such territory<harljA>elong for all purposes; Provided, that 
 when territory rt^s b3<m>attached prior hereto the board of edu- 
 cation shall at any^egu^r meeting determine to what ward of 
 [or] wards such teiatitorC^hall belong for all school purposes. 
 Fourth. The committee shall also have power to adjust all 
 property interests invmWd in the change which concern the 
 
REVISED SCHOOL LAWs80xt 41 
 
 two corporations interested. Before the issu>ncd$bf an order 
 authorizing the change they shall make an equable S^ustment 
 of any question of indebtedness involved. ^ O* 
 
 Fifth. A record of the decisions of the conimitteeishall 
 be transmitted to the clerk of the school board and t^teboard of 
 education interested and a copy forwarded to the off 
 county auditor by the superintendent upon ratification ^ 
 tion of the committee by the district school board 
 board of education. y^ 
 
 Sixth. Such territory shall from the date of the order aur 
 thorizing its attachment, be considered a part of the corpora 
 tion of said city, town or village; Provided, that such order 
 shall not be issued until after the actions and decisions of the 
 committee are ratified by the board of education and the dis- 
 trict school board. The taxable property of such adjacent ter- 
 ritory shall be subject to taxation and bear its proportion of all 
 expenses incurred in the erection of school buildings and main- 
 taining the schools of such corporation; Provided, that terri- 
 tory more than two miles from the limit of such city, town or 
 independent district, shall not be considered adjacent territory 
 to which the provisions of this section may apply, unless the 
 electors of such territory shall unanimously petition to be thus 
 attached and considered as adjacent territory; Provided, fur- 
 ther, that where an independent school district of any corpor- 
 ated city, or town is situated so near the center of a civil town- 
 ship as to leave a fraction of said civil township impracticable or 
 inconvenient for school purposes after attaching adjacent ter- 
 ritory to said independent school district to the two-mile limit as 
 provided by law, then in that case the committee provided for 
 in this may upon the petition of a majority of the electors of 
 such civil township attach the surrounding territory and 
 make the independent district to comform to the civil township 
 line, for school purposes only. 
 
 5. SHALL BE A CORPORATION. ] Every district organ- 
 ized under the provisions of this chapter shall be a body 
 corporate, and shall possess the usual powers of corporations 
 for public school purposes, and may sue and be sued, and be 
 capable of contracting and being contracted with, and of taking 
 and holding any land for a school site, not exceeding two acres, 
 chosen by the board of education at a regular meeting of said 
 board, and in case the owner or owners of said land, or any 
 part thereof, shall refuse or neglect to grant such site to the 
 district, then said district shall have power to take such land 
 for said site in the manner provided by law for the taking of 
 private property for public use. And shall have power to hold 
 and convey such personal or real property as it may at any 
 time possess. All actions brought by or against such corpora- 
 tion shall be in the name of the board of education of the city, 
 
42 REVISED SCHOOL LAWS 1887 
 
 town or village (as the case may be) of the county of the State 
 of South Dakota. 
 
 6. CONVEYANCES OP PROPERTY. ] All conveyances of 
 property in cities and incorporated towns mentioned in the 
 preceding section, shall be signed by the mayor of said civil 
 corporation and attested by the clerk, and shall have the seal 
 of the corporation affixed thereto, and be acknowledged by the 
 mayor in the same manner as other conveyances of real estate. 
 
 7. A BOARD OF EDUCATION. ] When any city or town 
 is divided into wards, at each annual city election there shall be 
 elected a board of education consisting of two members from 
 each ward who shall be elected by the qualified voters thereof; 
 one of whom shall be elected annually and shall hold his office 
 for the term of two years and until his successor is elected and 
 qualified; Provided, that at the first election under this act, two 
 members shall be elected from each ward, one of whom shall 
 hold office until the next annual election, and the other until 
 the second annual election; Provided, that in all corporations 
 not organized as cities and in all cities and towns not divided into 
 wards, there shall be elected as many members of the board of 
 education as there are members of the township board or board 
 of trustees to be elected at the same time and places and 
 for like terms; there 1 shall also be elected at the first election 
 held under the provisions of this act in such cities and towns, 
 one member of such board of education who shall be voted for 
 by the qualified electors at large in such city or town and shall 
 hold his office for two years or until his successor is elected and 
 qualified. In all cases where there is no organization for civil 
 government, there shall be three members of the board, one of 
 whom shall be elected annualy; Provided, further, that no 
 member of the city council shall be a member of the board of 
 education. 
 
 8. POWER TO FILL VACANCY. J The board of education 
 shall have power to fill any vacancy which may occur in their 
 body; Provided, that any vacancy occurring not more than 
 thirty [days] previous to the annual election shall be filled at the 
 first annuall election thereafter. 
 
 9. SHALL MAINTAIN AND CONTROL SCHOOLS.] The 
 board of education shall have power to organize and maintain 
 a system of graded schools, to establish a high school when- 
 ever, in their opinion, the interests of the school corporation 
 demand the same, and to exercise sole control over the schools 
 and school property of the corporation. 
 
 10. ORGANIZATION HOW MADE.] The board of edu- 
 cation at its regular meeting in April of each year shall organ- 
 ize by the election of a president and vice president, each of 
 whom shall serve for a term of one year, and they shall also 
 elect a clerk not a member of the board who shall receive such 
 
 kftfa 
 
REVISED SCHOOL LAWS 1897. 43 
 
 compensation for his services as the board may allow; Pro- 
 vided, that in districts newly organized under this act the board 
 shall within twenty days after their election, proceed to organ- 
 ize and elect officers as aforesaid who shall serve until the time 
 of the regular meeting in April following. 
 
 11. DUTIES OF PRESIDENT AND CLERK.] It shall be 
 the duty or the president to appoint all committees and to coun- 
 tersign all warrants drawn upon the treasury for school mon- 
 eys. It shall be the duty of the clerk to be present at all meet- 
 ings of the board, keep an accurate journal of its proceedings, 
 take charge of its books and documents, sign all warrants for 
 school money and perform such other duties as the board may 
 require. Before entering upon the discharge of his duties the 
 clerk of the board of education shall give a bond in a sum to be 
 fixed by the board, not less than five hundred dollars, with good 
 and sufficient sureties to be approved by the board. 
 
 12. TAX LEVY. ] The board of education shall, on or 
 before the fifteenth day of August of each year, levy a tax for 
 the support of the schools of the corporation for the fiscal year 
 next ensuing, not exceeding in any one year thirty mills on the 
 dollar on all personal and real property within the district 
 which is taxable according to the laws of the state, and which 
 levy the clerk of the board of education shall certify to the 
 county clerk, who is hereby authorized and required to place 
 the same on the tax roll of said county to be collected by the 
 treasurer of the county as other taxes of the county and paid 
 over by him to the treasurer of the board of education, of whom 
 he shall take a receipt in duplicate, one of which he shall file in 
 his office and the other he shall transmit to the clerk of the 
 board of education. 
 
 13. TREASURER HOW CHOSEN BOND OF DUTIES.] 
 At the annual municipal election there shall be elected mem- 
 bers of the board of education provided for herein and a treas- 
 urer of the board of education. The treasurer shall be elected 
 each year, to hold for one year, or until his successor is elected 
 and qualified. Any vacancy in the office of treasurer shall be 
 filled by the board of education by appointment; such ap- 
 pointee shall not be a member of said board. The treasurer 
 shall execute a bond in such sum as that body may require with 
 sufficient sureties to be approved by the board, conditioned for 
 the faithful discharge of his duties as treasurer of such board. 
 He shall prepare and submit in writing a monthly report of the 
 state of the finances of the corporation, and shall when re- 
 quired produce at any meeting of the board all books and pa- 
 pers pertaining to his office. He shall pay money only upon 
 a warrant signed by the president, or in his absence the vice 
 president, and countersigned by the clerk. 
 
44 REVISED SCHOOL LAWS 1897. 
 
 14. TAXABLE PROPERTY. ] The taxable property of the 
 whole corporation, including the territory attached for school 
 purposes, shaJl be subject to taxation. 
 
 15. REGULAR MEETINGS.] The regular meetings of the 
 board of education shall be upon the last Friday of each month, 
 but special meetings may be held from time to time as circum- 
 stances may demand. 
 
 16. REPORT OP CLERK. ] The clerk of the board of ed- 
 ucation at the close of each school year shall make an annual 
 report of the progress, prosperity and condition, financial as well 
 as educational, of all the schools of the corporation, a copy of 
 which shall be sent to the county superintendent. Said report 
 or such portion of it as the board of education shall consider ad- 
 vantageous to the public shall be printed in a public newspaper 
 or in pamphlet form. 
 
 17. CONTRACTS. ] No expenditures involving an amount 
 greater than one hundred dollars shall be made except in accord- 
 ance with the provisions of a written contract, and no contract 
 involving an expenditure of more than five hundred dollars for 
 the purpose of erecting any public buildings or making- any im- 
 provement shall be made except upon sealed proposals and to 
 the lowest responsible bidder. 
 
 18. MAY READ BIBLE. ] No sectarian doctrine shall be 
 taught or inculcated in any of the schools of the corporation; 
 but the Bible without sectarian comment may be read therein. 
 
 19. BONDS HOW ISSUED. ] Whenever it shall become 
 necessary in order, to raise sufficient funds for the purchase of a 
 school site or sites, to erect suitable building or buildings there- 
 on, or to fund a bonded indebtedness, it shall be lawful for the 
 board of education of every corporation coming under the pro- 
 visions of this act to borrow money, for which they are hereby 
 authorized and empowered to issue bonds bearing a rate of in- 
 terest not exceeding seven per cent per annum, payable annu- 
 ally or semi-annually, at such place as may be mentioned upon 
 the face of said bond, which bonds shall be payable in not more 
 than twenty years from their date; and the board of education 
 is hereby authorized and empowered to sell such bonds at not 
 less than par; Provided, that no bonds shall be issued until the 
 question shall be submitted to the people and a majority of the 
 qualified electors who shall vote on the question at an election 
 called for that purpose shall have declared by their votes in fa- 
 vor of issuing such bonds. 
 
 20. BOND ELECTION. ] It shall be the duty of the mayor 
 of such city or town upon request of the board of education, to 
 call an election to be conducted in all respects as are the elec- 
 tions for city or town officers, in the same corporations (except 
 that the returns shall be made to the board of education), for 
 the purpose of taking the sense of such corporation upon the 
 
REVISED SCHOOL LAWS 1897. 45 
 
 question of issuing such bonds, naming in the proclamation of 
 such election the amount of bonds asked for and the purpose for 
 which they are to be issued; Provided, that where the corpora- 
 tion is not organized for civil government, the board of educa- 
 tion may call and conduct the election provided for in this sec- 
 tion. 
 
 21. SHALL SIGN BONDS.] The bonds, the issuing of 
 which is provided for in the foregoing section, shall be signed 
 by the president attested by thQ clerk, and countersigned by 
 the treasurer ^fe<i SSoS^IftJ*0*^ 
 
 specify the rate of interest and the timeib&l the principal an 
 interest shall &<&d, fe^JCM^^tt^^ 
 not less than fifty (50) dollars^ but no corporation shall issue 
 bonds in pursuance of this act in any sum greater than three 
 per cent of its assessed valuation. 
 
 22. BOND INTEREST.] The board of education at the 
 time of its annual levy of taxes for the support of schools as 
 herein provided, shall also levy a sufficient amount to pay the 
 interest as the same accrues on all bonds issued under the pro- 
 visions of this chapter, and also to create a sinking fund for the 
 redemption of said bonds which it shall levy and collect in addi- 
 tion to the rate per cent authorized by the provisions aforesaid 
 for school purposes, and said amount of funds when paid into 
 the treasury shall be and remain a specific fund for said pur- 
 pDse only and shall not be appropriated in any other way except 
 as hereinafter provided. 
 
 23. SINKING FUND. ] All money raised for the purpose 
 of creating a sinking fund for the final redemption of all bonds 
 issued under the provisions of this chapter shall be invested an- 
 nually by the board of education in bonds of the state of South 
 Dakota or of the United States, or the board may buy and can- 
 cel the bonds of the district whenever such may be purchased 
 at or below par. 
 
 24. PAYMENT OF INTEREST.] Whenever the interest 
 coupons of the bonds hereinbefore authorized shall become due 
 they shall be promptly paid by the treasurer, upon presenta- 
 tion, out of money in his hands collected for that purpose, and 
 he shall endorse upon the face of such coupons in red ink the 
 word "paid" and the dale of payment, and sign the initials of 
 his name. 
 
 25. PAYMENT PLEDGED. ] The school fund and prop- 
 erty of such civil corporation and territory attached for [school] 
 purposes is hereby pledged to the payment of the principal and 
 interest of the bonds mentioned in this chapter as the same may 
 become due. 
 
 26. BOND AND WARRANT REGISTER.] It shall be the 
 duty of the clerk of the board of education to register in a book 
 provided for that purpose the bonds issued under the provisions 
 
46 REVISED SCHOOL LAWS 1897. 
 
 of this chapter, and all warrants issued by the board, which 
 registration shall show the number, date and amount of said 
 bonds and warrants and to whom made payable. 
 
 27. OFFICIAL OATH AND BOND. ] Each member of the 
 board of education and officer provided for in this chapter shall 
 take and subscribe an oath or affirmation to support the consti- 
 tution of the United States, the state of South Dakota, and faith- 
 fully to perform the duties of his office. The oath and bond of 
 the clerk shall be filed with the treasurer. All other oaths and 
 bonds shall be filed with the clerk, but the clerk shall immedi- 
 ately notify the county auditor and county superintendent of 
 the filing of such oath and bond.. 
 
 28. EXAMINATION OF TEACHERS. ] The county super- 
 intendent, together with the principal or superintendent of 
 schools of all independent districts employing such officer and 
 in such independent districts as do not employ such an officer, 
 the county superintendent alone, shall examine all teachers 
 employed to teach in the schools of any city, town or other in- 
 dependent district, the same as other teachers of the county are 
 examined except as hereinafter provided. In no case shall any 
 teacher be employed to teach in such schools who does not hold 
 a certificate issued as above provided, or a state certificate or a 
 state diploma, and any contract made contrary to the above is 
 hereby declared void. The above section shall be construed as 
 giving the superintendent of schools of any city or town advi- 
 sory power in the examination of teachers for his school, and 
 he may add such questions as he may deem wise to use in the 
 examination in order to test the qualifications of teachers for 
 any particular grade or special work. The board of education 
 in cities of the first class at such time as they shall deem ex- 
 pedient, shall elect a superintendent of schools, in no case a 
 member of their own body, whose duty it shall be to have a 
 general supervision of the schools of the corporation, subject 
 to the rules and regulations of the board, who shall hold his 
 office during the pleasure of the board and shall receive such 
 compensation as the board may allow. The board shall also ap- 
 point two competent persons, who with the superintendent as 
 chairman shall be styled the examining committee of the board 
 of education, whose duty it shall be to examine all persons who 
 may apply to them as teachers; and no person except one who 
 holds a state certificate or state diploma shall be elected by the 
 board as teacher who cannot produce a certificate from the ex- 
 amining committee signed by all or a majority of them, and 
 setting forth that the holder is competent to teach in such de- 
 partments of the public schools as may be stated in the certifi- 
 cate and is a person of good moral character; Provided, no 
 teacher who holds a certificate issued under this section is ex- 
 cused from the county institute; Provided further, that the city 
 
REVISED SCHOOL LAWS 1897. 47 
 
 superintendent shall have power to revoke the certificates, is- 
 sued by the examining committee of which he is chairman, of 
 those persons who do not attend the county institute. 
 
 29. BALLOT BOXES TO BE PROVIDED.] For the pur- 
 pose of the election provided in this act, there shall be provided 
 at each polling place a ballot box separate and distinct from 
 the ballot box used for the city election, in which shall be de- 
 posited all ballots cast by the voters at such school election. 
 The polling places shall be so arranged as to permit all persons 
 entitled to vote at such school election free access to the same 
 for the purpose of voting. 
 
 Sec. 30. ERROR IN TAX LIST. ] Whenever an error occurs 
 in any school corporation or district tax list, the board of coun- 
 ty commissioners may correct and refund such improper collec- 
 tion of school taxes the same as for other county taxes. 
 
 31. REPEAL.] All acts and parts of acts relating to 
 education, passed prior to January 1, 1897, (except special acts 
 relating to schools in cities, towns and villages, and also to in- 
 dependent districts created by special acts) are hereby repealed. 
 
 Approved March 10, 1897. 
 
 CHAPTER 58. 
 
 [S. B. 95.] 
 
 PROVIDING FOR APPOINTMENT AND DEFINING POWERS AND 
 DUTIES OF REGENTS OF EDUCATION. 
 
 AN ACT to Provide for the Appointment of a Board of Reg-ents, to Fix the 
 Number of Regents, and Their Term of Office, and to Define Their Du- 
 ties and Powers in the Control of the Educational Institutions Sus- 
 tained Either Wholly or in Part by the State of South Dakota. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. APPOINTMENT BY THE GOVERNOR AND SENATE.] 
 As soon as practicable after the passage of this act and before 
 the first day of March, one thousand eight hundred and ninety- 
 seven (1897), the governor, by and with the consent of the 
 senate, shall appoint five persons of probity and wisdom 
 from among the best and the best known citizens, residents of dif- 
 ferent portions of the state, none of whom shall reside in the 
 counties in which any of the state educational institutions are 
 located, who shall constitute a board to be designated the re- 
 gents of education; Provided, that in all appointments to the 
 regency of education the persons selected shall be of the dif- 
 ferent political parties existing at the time sijch appointments 
 are made. 
 
48 REVISED SCHOOL LAWS 1897. 
 
 2. TERMS OF OFFICE.] One of the persons so appoint 
 ed shall hold office until January first, eighteen hundred and 
 ninety-nine (1899), and two (2) until January first, nineteen 
 hundred and one (1901), and two (2) until January first, nine- 
 teen hundred and three (1903), as the governor shall indicate 
 in his nomination, and all full appointments at and after the 
 expiration of any of these terms shall be for six years, it being 
 the intention of this act that all expirations of these terms shall 
 occur on the first day of January of each odd or legislative 
 year, or as soon thereafter as their successors are chosen and 
 qualified; Provided, that all full appointments thereafter must 
 be made before the first day of February of the regular biennial 
 legislative year. 
 
 3. VACANCIES HOW FILLED. ] In case a regent of ed- 
 ucation shall die, resign, remove from the state or for any 
 other reason vacate his office, or become permanently disquali- 
 fied from performing its duties, the governer of the state shall 
 fill the vacancy by suitable and prompt appointment, and 
 such appointee shall be clothed with full authority as a regent, 
 but his term of service shall cease and expire with the next leg- 
 islative session unless sooner confirmed by the senate. But the 
 governor shall not have power to fill any vacancies caused by 
 the refusal of the senate to confirm, nor vacancies caused by 
 his own neglect to nominate to the senate in time for confir- 
 mation. 
 
 4. QUALIFICATION AND ORGANIZATION. ] Immediately 
 upon the appointment and confirmation of the first five (5) 
 persons above named in section one (1) of this act the gov- 
 ernor shall summon them to assemble forthwith at the capital 
 of the state, whereupon each shall take an oath before a 
 proper officer to support the constitution of the United States 
 and of this state and to perform his duties as a regent of edu- 
 cation to the best of his ability. 
 
 As soon as they are thus properly qualified they shall or- 
 ganize by electing one of their number president and by the 
 election of a secretary. Thus qualified and organized they 
 shall have authority to make such rules as are necessary for 
 their own government as a board and they shall immediately 
 assume the exclusive control and management of all the educa 
 tional institutions which are maintained either wholly or in part 
 by the state, and at once, thereupon the terms of office and all 
 authority of all boards or persons, of whatsoever name, hereto- 
 fore charged with this duty, shall cease and expire. 
 
 All persons subsequently appointed as regents shall each 
 subscribe to a like oath of office before taking their seats, and 
 all oafchs of office of the regents of education shall be duly filed 
 with the secretary of state. 
 
REVISED SCHOOL LAWS 1897. 49 
 
 5. APPOINTMENT OF COMMITTEES. ] To facilitate their 
 work, the regents of education shall have power to appoint 
 of their own members such committees as seem desirable, but 
 they shall appoint a standing committee of regents for each in- 
 stitution under their control, whose chairman may be charged 
 by them, and under their rules, with certain executive duties 
 in connection with the institution for which he was apppointed, 
 and which may need attention during the interim of board 
 meetings. They are also empowered to employ a competent 
 Stenographer and bookkeeper. 
 
 6. MEETINGS, QUORUM, ETC.] The regents of educa- 
 tion shall hold two (2) regular meetings each year, one to be 
 known as the annual meeting, and one as the semi-annual meet- 
 ing, at such stated times as shall best subserve the interests of 
 the institutions under their control. Extra meetings may also 
 be held in case of weighty emergency on the call of the presi- 
 dent or by joint request of a majority of the members, due and 
 reasonable notice always being given. Three regents shall 
 constitute a quorum for doing business, but two may adjourn 
 from day to day. 
 
 7. ABSENCES. ] The failure of any regent to attend two 
 successive regular meetings as herein provided, may be con- 
 strued by the governor as a resignation and he may proceed to 
 fill the vacancy unless such absences were on account of tem- 
 porary disabling sickness or other equally valid reason ac- 
 cepted by the regents at their next meeting. 
 
 8. GENERAL POWERS AND DUTIES. ] The regents of ed- 
 ucation, qualified and organized as prescribed in Section four 
 (4) of this act, shall become, and they and their successors in 
 office shall continue to be a legal corporation, or body corpor- 
 ate, with power to sue and be sued, to hold and manage fully, 
 for the purposes for which these educational institutions were 
 established, any property belonging to said institutions, col- 
 lectively or severally, or of which they shall in any manner be- 
 come possessed; and all previous boards and persons having 
 had custody of said property, or control of said institutions, 
 shall, at once, turn over the same together with all papers, rec- 
 ords, contracts or other archives belonging to said institutions 
 to the said regents of education. 
 
 9. AUTHORITY TO MAKE CONTRACTS AND TO EXPEND 
 MONEYS.] The regents of education as a corporation shall 
 have power to make contracts for service, for the erection 
 of buildings and for the purchase of all lands, materials and 
 supplies needed; and in the carrying out of such contracts they 
 shall have power to expend moneys, to exact and collect penal- 
 ties and to purchase or sell property within the limitations of 
 state and national law; Provided, that all contracts for the 
 erection or repairs of buildings, or for the purchase of fuel or 
 SL-4 
 
50 REVISED SCHOOL LAWS 1897. 
 
 other ordinary supplies exceeding in value two hundred dollars, 
 shall be by means of publicly advertised competing bids and by 
 public letting; and provided further, that no regent shall be 
 directly or indirectly pecuniarily interested in any such con- 
 tract. 
 
 And said regents of education as a board may bring suit in 
 the proper court having jurisdiction in the name of the regents of 
 education, to enforce any contract made by them as such board, 
 and may also bring suit in all matters relating to such prop- 
 erty, or to the care, custody, control, management or improve- 
 ment thereof. And it is hereby made the duty of the attorney 
 general to prosecute any such suit upon the request of said 
 board. Any moneys collected upon any judgment obtained un- 
 der the provisions of this act shall be paid into the state treas- 
 ury for the benefit of the educational institutions and credited 
 to the proper fund or funds. 
 
 Any regent is authorized to administer oaths and examine 
 witnesses whenever necessary in the performance of the duties 
 of the board. 
 
 This act is intended to confer, and does confer, upon the 
 regents of education all powers usually exercised by such- 
 boards, and which are necessary to the proper legal manage- 
 ment of the educational institutions placed under their control, 
 and the property belonging to the same. 
 
 10. EMPLOYMENT OF AGENTS. ] The regents of educa- 
 tion in their capacity as a board and for the purpose of exer- 
 cising proper control over those institutions of learning which 
 are placed in their care shall have full power to employ or dis- 
 miss all members of the faculties of instruction of said institu- 
 tions, all assistants, foremen, secretaries, laborers or other 
 agents necessary to the proper management of the institu- 
 tions, to determine their number, their qualifications, define 
 their duties, fix the period or term of their employment, and 
 the rate and manner of their compensation; Provided, that no 
 person shall be employed or dismissed by reason of any sec- 
 tarian or political opinions held. 
 
 11. DEPARTMENTS, COURSE OF STUDY AND RULES OF 
 GOVERNMENT.] The regents of education shall have full 
 power, to authorize for the institutions under their control such 
 departments and courses of study as they may think best, to 
 determine what text books shall be used, what requirements for 
 the admission and graduation of students, shall be maintained, 
 what rules shall be enacted and enforced for the government of 
 students, and said regents shall have power to make all 
 other rules and regulations for the wise and successful current 
 management of the schools under their control. And, further, 
 they are hereby empowered to delegate provisionally any of 
 the authority given in this section to the presidents, deans, 
 
REVISED SCHOOL LAWS 1897. 51 
 
 principals or faculties of instruction of said schools, as in the 
 iudgment of said regents may be proper or as may be in accord- 
 ance with the usual custom in such cases. 
 
 12. TUITION FEES, ETC.] The regents of education 
 shall fix all rates of tuition and of other fees to be paid by stu- 
 dents, but such rates must be the same in all the different insti- 
 tutions. They may receive free of tuition two students ap- 
 pointed by each state senator, and one by each representative 
 of the state legislature in any one of the institutions under their 
 control; Provided, that the period for which such appointment 
 was made shall expire with the term of office of the said senator 
 or representative, and. provided, that such appointees shall be 
 residents of the district or county whose senator or represent- 
 ative makes the appointment; and provided, further, that such 
 appointees shall comply with all the rules and requirements of 
 the institution which they desire to enter. No student, how- 
 ever, shall receive any other gratuity whatever. 
 
 13. NEEDLESS DUPLICATION OF DEPARTMENTS FORBID- 
 DEN. ] The regents of education are hereby expressly forbid- 
 den to continue or to create chairs, departments, laboratories, 
 libraries, or other equipment in multiplication except where 
 the obvious needs of ihe special work of the schools make such 
 multiplication necessary. In all things the regents are to ad- 
 minister the schools in such a manner as to enable each one 
 of them to do in the best manner its own specific work, but all 
 with a view to the strictest economy, and so as to unify and 
 harmonize the entire work of all the schools under their control. 
 
 14. CONFERRING DEGREES, ETC. ] The regents of educa- 
 tion are authorized to confer all scholastic honors and degrees 
 usually granted by such boards; but all degrees, diplomas and 
 certificates of graduation shall be issued and conferred in their 
 name and by their express authority. In conferring degrees 
 the regents shall conform as nearly as may be to the best and 
 most reputable current practice in such matters. Students shall 
 be graduated from any one of these institutions by the regents 
 of education upon recommendation of the appropriate faculty 
 of that institution. A certificate of graduation from a full 
 course in any one of the normal schools or from the state uni- 
 versity, provided the graduate of the university has taken a 
 course in pedagogy as given in that institution, shall be a license 
 valid for five years to teach in any of the public schools of this 
 state. 
 
 15. THE AGRICULTURAL EXPERIMENT STATION.] The 
 
 United States agricultural experiment station for South Dakota 
 being by national law a department of, and under the direction 
 of the agricultural college, shall be under the exclusive control 
 of the regents of education, just as other departments and in- 
 stitutions are under their control. 
 
52 REVISED SCHOOL LAWS 1887 
 
 16. FARMERS' INSTITUTES, ETC. ] The regents of edu- 
 cation are authorized to encourage and provide for farmers' in- 
 stitutes to be conducted by members of the agricultural college 
 faculty, or by any one else designated by said regents; and the 
 said regents are likewise authorized to encourage and as far as 
 possible provide for any other form of university extension 
 work which is feasible and of value to the people. 
 
 17. ELECTION OF OFFICERS AND THEIR TERMS.] All 
 officers of the board shall be elected for one year, and the elec- 
 tion, except in case of vacancies, shall be held at the annual 
 meeting. 
 
 18. COMPENSATION OF REGENTS AND THEIR OFFICERS. ] 
 The regents of education shall receive no compensation for 
 their services, but each shall be paid five dollars per day for 
 every day's service to cover his actual expenses, and this per 
 diem shall be paid, upon their itemized and properly certified 
 vouchers, from the state treasury upon the warrant of the audi- 
 tor of state; Provided, that any regent serving from the Black 
 Hills region shall receive twenty-five dollars extra for attendance 
 upon any meeting east of the Missouri river, but not exceeding 
 fifty dollars for any one fiscal year, and provided that the entire 
 sum paid for any one year to said regents of education shall not 
 exceed one thousand dollars. 
 
 19. APPROPRIATIONS PROVIDED FOR REGENTS OF EDU- 
 CATION. ] In the general appropriation for state purposes the 
 sum of twenty-six hundred dollars, or so much thereof as may 
 be needed, shall be provided each year for the per diem of the 
 regents of education, for the salary of their secretary and stenog- 
 rapher, and for such blanks, books, stationery and postage as 
 may be needed. 
 
 20. TREASURER, CUSTODY AND COLLECTION OF FUNDS. ] 
 The state treasurer shall be the treasurer of the regents of edu- 
 cation and he shall perform all the duties of such office, subject 
 to such regulations as they may adopt, not inconsistent with 
 his other official duties, and he and his sureties shall be liable 
 on his official bond for the faithful discharge of such duties. 
 Said treasurer shall have authority to receive and receipt for 
 all moneys arising from any source for the use of any of the 
 educational institutions under the control of the said regents, 
 and he shall keep such separate accounts of the several funds 
 as they shall prescribe. All moneys received from rents of 
 dormitories, tuition or other fees authorized by the regents of 
 education, or from articles, products or materials sold by their 
 authority, shall be collected by some person designated by said 
 regents for each institution to make such collections, under 
 proper bonds, .and said person shall transmit to the state treas- 
 urer at the close of each calendar month all moneys thus re- 
 ceived by him daring that month; and no other person shall be 
 
REVISED SCHOOL LAWS 1897. 53 
 
 permitted to collect or hold any money belonging to said insti- 
 tutions. Moneys received from the national government, under 
 any of the various grants, shall be payable to the state treas- 
 urer, as treasurer of the regents of education, and shall be re- 
 ceipted for by him. All moneys received as interest on the 
 national land grant funds or from leases of the land granted to 
 these institutions under the control of the regents of education, 
 shall be paid to the state treasurer, and shall be credited by 
 him to the proper educational institutions. At once on receiv- 
 ing moneys from any source the state treasurer shall notify the 
 secretary of the regents of education of the amount, the source 
 from which received, and the fund to which credited. 
 
 21. APPROPRIATION OF FUNDS BELONGING TO THE IN- 
 STITUTIONS UNDER CONTROL OF THE REGENTS OF EDUCATION. ] 
 There is annually and perpetually appropriated to the regents 
 of education for the exclusive and legal use of the educational 
 institutions under their control all moneys received from their 
 endowment land grant as interest or rent, all local collections 
 from fees of any kind, or from rents or sales authorized, all 
 United States money grants of any kind, all moneys derived 
 from any source to be used by the regents of education for the 
 proper and legal maintenance of the institutions under their 
 control. 
 
 22. METHODS OF EXPENDITURE.] No expenditures 
 shall be made except by express authority of the regents of ed- 
 ucation first obtained, and no indebtedness shall ever be per- 
 mitted or incurred except against funds already available for 
 such purpose, and no expenditure from any fund shall, under 
 any circumstances, be made except for the legal purpose for 
 which said fund exists and for the institution to which it be- 
 longs. The method in detail of making expenditures, pur- 
 chases, etc., except so far as they are specified by Section 10 of 
 this act, shall be left to the discretion of the regents of educa- 
 tion. 
 
 23. THE DUTY OF THE AUDITOR OF STATE. ] Whenever 
 a properly audited and authenticated voucher of the regents of 
 education is presented to the auditor of state, it shall be his 
 duty to transmit promptly to the office of secretary of the re- 
 gents of education his warrant for a corresponding sum on the 
 state treasurer, unless said voucher shall overdraw the fund 
 from which it is made payable. 
 
 24. REPORTS, ETC. ] The regents of education shall on 
 or before the fifteenth day of December previous to each bien- 
 nial session of the legislature prepare and present to the gov- 
 ernor of the state for his use and for the use of the legislature 
 a full detailed report of all their doings for the preceding two 
 years, with a statement of the work and the condition finan- 
 cially and educationally of all the institutions under their con- 
 
54 REVISED SCHOOL LAWS 1897. 
 
 trol, with such recommendations as they may desire to make, 
 and with detailed estimates for legislative aid, if in their judg- 
 ment any is needed. They shall also by themselves or their 
 authorized representative, attend upon the session of the legis- 
 lature whenever required so to do by a committee of either 
 house. They shall also prepare, or cause to be prepared and 
 transmitted at proper times, all reports required of them by 
 the United States laws. 
 
 25. REPEAL OF PREVIOUS ACTS. ] Chapter six of the 
 session laws of eighteen hundred and ninety, approved Febru- 
 ary twenty-sixth, entitled an act for the appointment of aboard 
 of regents, being in contravention of this act, is hereby re- 
 pealed; also the act approved March seventh, eighteen hun- 
 dred and ninety-one, relating to farmers' institutions [insti- 
 tutes, ] is hereby repealed; also the act approved March seventh, 
 eighteen hundred and ninety one, concerning acceptance of 
 grants of money from the United States, and which makes the 
 treasurer of the board having control of the agricultural college 
 the custodian of such United States grants, is hereby repealed. 
 All previous legislative acts, which are wholly or partially in 
 contravention to this act, are hereby repealed. 
 
 26. EMERGENCY DECLARED.] Whereas, there is no 
 law in force providing for a board of regents, under the consti- 
 tution as amended, therefore an emergency exists, and this act 
 shall be in force from and after its passage and approval. 
 
 Approved March 5, 1897. 
 
 CHAPTER 59. 
 
 fS. B. 209.] 
 ESTABLISHING UNIFORMITY OF SCHOOL TEXT BOOKS. 
 
 AN ACT to Establish Uniformity of School Text Books and to Regulate the 
 Supply Thereof. 
 
 Be it Enacted ~by the Legislature of the State of South Dakota: 
 
 1. WHO CONSTITUTE BOARD.] The county superintend- 
 ents of schools, the president of the board of education of all cities 
 or towns, the county auditor, the county state's attorney, the 
 board of county commissioners, their successors in office and 
 one person from each commissioner's district who shall be se- 
 lected by the members of the school boards of such commis- 
 sioner's district present at a meeting to be called by the county 
 superintendent, shall constitute the county board of education 
 of each county in this state for the purpose of selecting and 
 adopting all the text books needed for use in the public schools 
 of the county. The county superintendent of schools shall in 
 
REVISED SCHOOL LAWS 1897. 55 
 
 all cases, be chairman of the county board of education, and the 
 county auditor, secretary and a majority of said board shall con- 
 stitute a quorum for the transaction of business. 
 
 2. TlME OF MEETING ADOPTION AND PRICE OF BOOKS. ] 
 
 The county board of education shall meet at the office of the 
 county superintendent of schools of each county in the state 
 on the second Tuesday of June, 1897, and every five years there- 
 after and select and adopt a complete series of school textbooks 
 to be used in all the schools of the county; Provided, that noth- 
 ing in this act shall be construed to prevent any county board of 
 education from selecting a series of text books from two or 
 more publishers; Provided further, that the boards of educa 
 tion in cities and towns may adopt additional books by the same 
 or other authors for higher classes in their schools. The 
 county board of education shall, immediately upon the taking 
 effect of this act, advertise for twenty days in a newspaper pub- 
 lished in each county, that at a time and place named in said 
 notice, said board will receive sealed bids for furnishing school 
 books to the pupils of all public schools in the county as pro- 
 vided in this act, for a term of five years, provided that no 
 book shall be accepted on contract by the board of education in 
 excess of the following prices, to-wit: Graded speller, 15 cents; 
 first reader, 10 cents; second reader, 20 cents; third reader, 30 
 cents; fourth reader 40 cents; highest reader, 90 c r ;nts; element- 
 ary geography, 50 cents; advanced geography, 75 cents; pri- 
 mary arithmetic 25 cents; intermediate arithmetic, 35 cents; com- 
 plete arithmetic, 50 cents; physiology and hygiene, 50 cents; 
 history of the United States, 80 cents. Other necessary books 
 shall be purchased and contracted for at proportionate prices 
 with this list. 
 
 3. DUTY OF BOARD AND SUPERINTENDENT. ] Before se- 
 lecting and adopting school text books in accordance with the pro- 
 visions of this act, it shall be the duty of the said county board 
 of education to take into consideration the books used in the 
 county, and all books submitted by publishers and most care- 
 fully consider the price, the type, the material, the binding and 
 other items that go to make up a desirable text book, and no 
 text book shall be adopted whose price is above the contract or 
 wholesale price at which said books were furnished to any other 
 state, county or school corporation in the United States during 
 the year previous to such adoption. The county superintend- 
 ents shall annually at the close of the year make a report to the 
 county board of education as to the operation of the school 
 book contract. 
 
 4. SUPERINTENDENT TO NOTIFY MEMBERS OF BOARD. ] 
 The county superintendent shall notify each member of the 
 county board of education in writing of the time and place of 
 meeting, at least ten days before the date of said meeting, and 
 
56 REVISED SCHOOL LAWS 1897. 
 
 he shall prepare and furnish such information as shall assist 
 the board in acting for the best interest of the people. 
 
 5. CONTRACT WITH PUBLISHERS. ] The board of county 
 commissioners shall contract with the publishers of such books 
 as have been adopted by the county board of education, desig- 
 nating the price at which such books shall be furnished to them 
 or their authorized agents, and they shall designate a deposi- 
 tary for each school corporation in the county where books 
 shall be sold to the pupils at not more than ten per cent above 
 cost, and they may pay for the books and transportation of the 
 same, so contracted for, out of the general fund, on warrants 
 signed by the county auditor and countersigned by the chair- 
 man of the board of county commissioners; Provided, that the 
 same depositary may be designated for one or more school cor- 
 porations. 
 
 6. FORM OF CONTRACT.] The following shall consti- 
 tute a part of every contract with publishers as provided in 
 this act, whether contained in such contract or not: Whenever 
 the state of South Dakota shall have published a sufficient 
 number of any text books used in the public schools of the state, 
 to supply, the schools of any county in the state, upon notice 
 being given by the governor to the county auditor of any 
 county this contract shall be void as far as it relates to such 
 book and the county auditor shall immediately notify the pub- 
 lisher holding such contract. The county commissioners of 
 such county shall forthwith supply all the schools of said coun- 
 ty with the books printed by the state. The auditor of said 
 county shall on or before the 10th of each calendar month send 
 moneys for all state's books sold, to the state treasurer, to 
 gether with such report as the governor of the state may 
 direct. 
 
 7. BOND FROM DEPOSITARY.] The board of county 
 commissioners may require a good and sufficient bond from 
 each depositary designated by them as their agent, and such 
 agent shall be required to file a statement with the county audi- 
 tor on or before the 10th day of each calendar month showing 
 the number and kinds of books sold by him, and the number 
 and kinds of books on hand in such depository on the last day 
 of the preceding month, and all moneys due the county by such 
 depositary shall be paid into the county treasury at the time of 
 filing such statement. The county auditor shall supply each 
 depositary with proper blanks for making such report. 
 
 8. PRINTED LISTS AND PRICE OF BOOKS. ] The county 
 board of education shall furnish a printed list of books adopted, 
 designating the retail price of each, and supply one or more 
 copies of each school corporation and to each depositary desig 
 nated. The secretary or clerk of each school corporation shall 
 post said price list in each school room under his supervision. 
 
REVISED SCHOOL LAWS 1897. 57 
 
 9. PETITION FOR FREE BOOKS. ] Upon a written peti- 
 tion of the majority of the electors of any school corporation, 
 asking that the school books be furnished free to the pupils, 
 it shall be the duty of said board to arrange and furnish the 
 free use of books to the pupils of such corporation under such 
 rules and regulations as said school board may determine. 
 
 10. BOOK-CASE, AND SECRETARY'S REPORT.] Said 
 school board must procure a safe book-case in which said books 
 shall be kept, whenever it shall have been decided to supply 
 its school books direct to the pupils and a careful invoice must 
 be reported at the close of each term by the secretary. The 
 books shall remain the property of the school corporation and 
 can only be used on order of the board. 
 
 11. CHANGE PROVIDED FOR.] Books once adopted or 
 contracted for under the provisions of this act shall not be 
 changed for a period of five years, except as heretofore pro- 
 vided and on request of at least two-thirds of the school boards 
 of the county. 
 
 12. EMOLUMENTS PROHIBITED.] No school teacher, 
 county or city superintendent or member of any county board 
 of education within the state of South Dakota shall be allowed 
 to receive any emolument, cash or otherwise from any pub- 
 lisher or publishers of school books in payment for a vote or 
 promise to vote or use their influence for any book or books to 
 be used in the schools under their charge. Neither shall any 
 agent or other person be allowed to give or offer any emolu- 
 ments as heretofore described nor any promise of work nor 
 other inducement to any teacher, county or city superintendent 
 or member of any county board of education or other board of 
 education for any vote or promise to vote or to use their influ- 
 ence for any book or books to be used in the schools under their 
 charge; Provided, that nothing in this section shall be construed 
 to prevent any school official from receiving a reasonable num- 
 ber of sample copies for investigation, with a view to obtaining 
 information as to the book or series of books for which such 
 official shall cast his vote; Provided further, that nothing in 
 this section shall be construed to prevent any teacher from ob- 
 taining employment from any publishing house, in schools not 
 under their direct charge. Any person violating the provisions 
 of this section shall be deemed guilty of a misdemeanor. 
 
 13. REPEAL. ] All acts or parts of acts in conflict with 
 the provisions of this act are hereby repealed. 
 
 14. EMERGENCY.] Whereas, no law is in force enab- 
 ling school boards to contract for textbooks, therefore an emer- 
 gency exists and this act shall be in force from and after its 
 passage and approval. 
 
 . Approved March 9, 1897. 
 
 SL 5 
 
58 REVISED SCHOOL LAWS 1887 
 
 CONSTITUTIONAL PROVISIONS. 
 
 SEC. 1. ART. VIII. The stability of a republican form of 
 government depending on the morality and intelligence of the 
 people, it shall be the duty of the legislature to establish and 
 maintain a general and uniform system of public schools, where- 
 in tuition shall be without charge, and equally open to all, and 
 to adopt all suitable means to secure to the people the advan- 
 tages and opportunities of education. 
 
 SEC. 15. ART. VIII. The legislature shall make such 
 provisions by general taxation, and by authorizing the school 
 corporation to levy such additional taxes, as with the income 
 from the permanent school fund shall secure a thorough and ef- 
 ficient system of common schools throughout the state. 
 
 SEC. 16. ART. VIII. No appropriation of lands, money 
 or other property or credits to aid any sectarian school shall 
 ever be made by the state, or any county or municipality with- 
 in the state, nor shall the state or any county or municipality 
 within the state accept any grant, conveyance, gifis or be- 
 quest of lands, money or other property to be used for sectarian 
 purposes, and no sectarian instruction shall be allowed in any 
 school or institution aided or supported by the state. 
 
 SEC. 17. ART. VIII. No teacher, state, county, township 
 or district school officer shall be interested in the sale, proceeds 
 or profit of any book, apparatus or furniture used or to be used 
 in any school in this state, under such penalties as shall be pro- 
 vided by law. 
 
 SEC. 9. ART. VII. Any woman having the qualifications 
 enumerated in Section 1 of this article, as to age, residence and 
 citizenship, and including those now qualified by the laws of 
 the territory, may vote at any election held solely for school 
 purposes, and may hold any office in this state except as other- 
 wise provided in this constitution. 
 
1899. 
 
 CHAPTER 56. 
 
 [H. B. 207.] 
 
 RELATING TO SCHOOL BONDS. 
 
 AN ACT Requiring School District Officers to Make Returns of Bond Elec- 
 tions to County Auditors. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. DISTRICT AND ELECTION RECORDS TO BE FILED WITH 
 COUNTY AUDITOR.] That when any school district in this State 
 shall have voted to issue its negotiable bonds for the purposes 
 now provided by law, and before the county auditor shall cer- 
 tify to the bonds as required by Section 4 of Sub-Chapter 9, 
 Chapter 57, Laws of 1897, the said district shall file with said 
 auditor certified copies of the records of said school district 
 ordering said election and the record and poll book of said 
 election, and unless said records show a strict compliance with 
 law, the said certificate shall not be executed. 
 
 2. EMERGENCY.] Whereas, there is now no law requir- 
 ing returns as aforesaid, an emergency exists and this Act 
 shall take effect and be in force from and after its passage and 
 approval. 
 
 Approved March 6, 1899. 
 
 CHAPTER 57. 
 
 [S. B. 204.] 
 
 PROVIDING FOR THE SIGNING OP CERTAIN BONDS AND FIXING 
 THE AMOUNT OF SAME. 
 
 AN ACT to Amend Section 21, of Chapter 10, of Chapter 57, of the Session 
 Laws of 1897, Entitled An. Act to Establish a Uniform System of Edu- 
 cation for the State of South Dakota, and to Repeal Certain Legislation 
 Relating thereto. 
 
EDUCATION. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. AMENDMENT.] That Section 21, of Chapter 10, of 
 Chapter 57, of the Session Laws of 1897, be and the same is 
 hereby amended so as to read as follows: 
 
 21. SIGNATURES NECESSARY LIMITATIONS.] The 
 bonds, the issuing of which is provided for in the foregoing 
 Section, shall be signed by the President, attested by the 
 Clerk and countersigned by the Treasurer of the Board of 
 Education, and said bonds shall specify the rate of interest, 
 and the time when the principal and interest shall be paid, 
 and each bond so issued shall be for a sum not less than fifty 
 (50) dollars, but no corporation shall issue bonds in pursu- 
 ance of this Act in any sum greater than four per cent of its 
 assessed valuation. 
 
 Approved March 4, 1899. 
 
 CHAPTER 76. 
 
 [S. B. 263.] 
 ESTABLISHING SCHOOL AT ABERDEEN. 
 
 AN ACT to Establish, Locate and Endow an Industrial School and Insti- 
 tute of Technology, at Aberdeen, South Dakota, and to Donate Certain 
 Lands for the Same. 
 
 Be it Enacted ~by the Legislature of the State of South Dakota: 
 
 1. ESTABLISHMENT AND LOCATION PROVISO. ] There 
 shall be and hereby is established and located at Aberdeen, in 
 the County of Brown, and State of South Dakota, an Industrial 
 School and Institute of Technology of and for the State of 
 South Dakota, the purpose of which shall be the instruction 
 and education of persons of both sexes in the industrial and 
 mechanical trades, arts and sciences and in Technology and all 
 kindred branches of learning, 
 
 Provided, That a tract of land of not less than twenty 
 acres in area, within or adjacent to the city limits of the City of 
 Aberdeen, in the County of Brown and State of South Dakota, 
 be donated and secured to the State of South Dakota, in fee 
 simple, as a site for said school, within six months from and 
 after the taking effect of this Act; and the Governor of this 
 State is hereby empowered, and it is hereby made his duty, 
 to see that a good and sufficient deed be made to this State for 
 the same. 
 
 2. SUPERVISION. ] The said school shall be under the 
 exclusive supervision and control of the State Board of Re- 
 gents of Education. 
 
EDUCATION. 
 
 3. APPORTIONMENT OF LANDS. ] There is hereby ap- 
 portioned and set apart for the establishment, maintenance, 
 support, use and benefit of said school, forty thousand acres of 
 land, granted to the State of South Dakota by the United 
 States of America, by Act of Congress of the United States of 
 America, approved February twenty-second, A. D. 1889, enti- 
 tled "An Act to provide for the division of Dakota into two 
 States, and to enable the people of North Dakota, South 
 Dakota, Montana and Washington to form constitutions and 
 state governments, and to be admitted into the Union on an 
 equal footing with the original states, and to make donations 
 of public lands to such states," for such other educational and 
 charitable purposes as the legislature of said state (being the 
 State of South Dakota) may determine; and it is hereby deter- 
 mined and enacted that said school be so located and estab- 
 lished at said City of Aberdeen and that out of said lands there 
 be donated, apportioned and set apart for the exclusive estab- 
 lishment, support, use and benefit of said school, forty thous- 
 and acres of said lands, or out of any lands granted and donated 
 to the State of [South] Dakota by the United States of America, 
 and not otherwise appropriated. 
 
 4. SELECTION OF LANDS.] It is hereby made the duty 
 of the Governor, the State Auditor and the Commissioner of 
 School and Public Lands to make selection of the forty thous- 
 and acres of land so donated and set apart in Section three of 
 this Act, within one year from and after the passage and ap- 
 proval of this Act; which lands when so selected shall be set 
 apart for the establishment, maintenance, support, use and 
 benefit of said school. 
 
 5. RENTALS AND PROCEEDS OF SALE OF LANDS. ] The 
 proceeds of all rentals derived from the lands so donated and 
 set apart under this Act, and the proceeds of all sales of the 
 same shall be held for the use and benefit of said school as 
 hereinbefore provided. 
 
 6. REPEAL. ] All Acts and parts of Acts in conflict 
 with the provisions of this Act are hereby repealed. 
 
 NOTE By the Secretary of State. 
 
 The foregoing Act having been presented to the Governor of this State 
 for his approval and not having been returned by him to the house of the 
 Legislature in which it originated, or to the Secretary of State with his ob- 
 jection within the time prescribed by the Constitution, has become a law 
 without his approval. 
 
 WILLIAM H. RODDLE, 
 
 Secretary of State. 
 
EDUCATION. 
 
 CHAPTER 77. 
 
 [H. B. 169.] 
 RELATING TO READING CIRCLES. 
 
 AN ACT to Amend Section Sixteen (16), Chapter Eight (8), of Chapter 
 Fifty-Seven (57). of the Session Laws of 1897, Relating to reading Circles. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. AMENDMENT.] That Section sixteen (16) of Chapter 
 eight (8) of Chapter fifty-seven (57) of the Session Laws of 1897, 
 be amended to read as follows: 
 
 DUTY OF COUNTY SUPERINTENDENT.] It shall be the duty 
 of the county superintendent to encourage the formation of 
 teacher's reading circles in his county. He shall report on or 
 before December fifteenth of each year to the secretary of the 
 State teachers' reading circle the enrollment of all persons in 
 his county known to him to be pursuing the work of said circle; 
 plans by which the work thereof is being carried on and all 
 matters of general interest thereto. He shall, under the 
 direction of the superintendent of public instruction, arrange 
 for an annual examination in the State teachers' reading 
 circle course in his county, and it shall be his duty to preside 
 at the same or to appoint some competent person to do so; to 
 collect all papers submitted and to forward the same promptly 
 to the secretary of the board of managers. He shall co-operate 
 as fully as possible with the managers of the State teachers' 
 reading circle in advancing the work of that organization. 
 
 Approved February 25, 1899. 
 
 CHAPTER 78. 
 
 [S. B. 174.] 
 RELATING TO INDEPENDENT SCHOOL DISTRICTS. 
 
 An Act to Amend Section 4 of Chapter X of Chapter 57 of the Session Laws 
 of 1897 Relating to Attaching of Adjacent Territory to Independent 
 School Districts. 
 
 Be it Enacted by the Legislature of the State of South Dakota. 
 
 1. AMENDMENT.] That Section 4 of Chapter X of 
 Chapter 57 of the Session Laws of 1897, be and the same is 
 hereby amended to read as follows: Section 4. Territory out- 
 side of the limits of any organized city, town or village but ad- 
 jacent thereto, may be attached thereto, and territory within 
 the limits of any city, town, village or independent district or- 
 ganized for school purposes, and adjacent to any school district 
 may be attached to said school district whether said indepen- 
 
' 
 
 
 EDUCATION. 5 
 
 dent district has been organized by special Act or otherwise, 
 under the following conditions: 
 
 APPLICATION BY PETITION.] First. Application for such 
 change must be made by a majority of the electors of such ad- 
 jacent territory by written petition. 
 
 DUTY OF COUNTY SUPERINTENDENT.] Second. Upon re- 
 ceipt of such petition, the county superintendent shall call a 
 committee to decide upon granting or refusing the petition, 
 said committee consisting of himself, the president of the 
 board of education of said organized city, town, village or 
 independent district and the chairman of the district board. 
 
 COMMITTEE TO DECIDE ] Third. The committee shall con- 
 sider the interests of the two corporations concerned, the con- 
 venience of the petitioners and the p'ermanent school interest, 
 and if they deem it proper shall grant the petition and issue 
 an order authorizing the attaching of said territory to the city, 
 town, village, independent district or school district to which 
 it is adjacent, and if to a city, town or village such order shall 
 specify to what ward or wards such territory shall belong for 
 all school purposes. 
 
 Provided, That when territory has been attached prior 
 hereto the board of education shall at any regular meeting de- 
 termine to what ward or wards such territory shall belong for 
 all school purposes. 
 
 FURTHER POWER OF COMMITTEE.] Fourth. The commit- 
 tee shall also have power to adjust all property interests in- 
 volved in the change which concern the two corporations inter- 
 ested. Before the issuance of an order authorizing the change 
 they shall make an equitable adjustment of any question of 
 indebtedness involved. 
 
 DECISIONS TO BE RATIFIED. ] Fifth. A record of the de- 
 cisions of the committee shall be transmitted to the clerks of 
 the school board and board of education interested and a copy 
 forwarded to the county auditor by the superintendent upon rati- 
 fication of the action of the committee by the district school 
 board and the board of education. 
 
 DATE OF ORDER TO GOVERN.] Sixth. Such territory 
 shall from the date of the order authorizing such change be 
 considered a part of the corporation of said city, town, vil- 
 lage, independent district, or of the said school district. 
 
 ORDER TO ISSUE WHEN.] Provided, That such order 
 shall not be issued until after the actions and decisions of the 
 committee are ratified by the board of education and the dis- 
 trict school board. 
 
 The taxable property of such adjacent territory shall be 
 subject to taxation and bear its proportion of all expenses in- 
 curred in the erection of school buildings and maintaining the 
 schools of such corporation, and for the purpose of such taxa- 
 
6 EDUCATION, 
 
 tion the property so attached shall be assessed by the assessor 
 of the city, town, village or independent district or school dis- 
 trict to which such territory is attached. 
 
 ADJACENT TERRITORY DEFINED.] Provided, That terri- 
 tory more than two miles from the limits of such city, town 
 or village, shall not be considered adjacent territory to which 
 the provisions of this section may apply, unless the electors of 
 such territory shall unanimously petition to be thus attached 
 and considered as adjacent territory. 
 
 How ATTACHED IN CERTAIN CASES.] Provided further, 
 that when an independent school district of any incor- 
 porated city or town is situated so near the centre of 
 a civil or congressional township as to leave a fraction of 
 said civil or congressional township impracticable or in- 
 convenient for school purposes after attaching adjacent terri 
 tory to said independent school district to the two mile limit as 
 provided by law, then in that case the committee provided for 
 in this Act may upon a petition of a majority of the electors of 
 such civil or congressional township attach the surrounding 
 territory and make the independent district to conform to the 
 civil or congressional township line for school purposes only, 
 and in such case such committee may by a majority vote there- 
 of, upon the petition of two-thirds of the electors of such sur- 
 rounding territory and of two- thirds of the electors of such 
 city, or town, issue its order attaching such surrounding terri- 
 tory to such city or town as aforesaid, and all the foregoing 
 provisions shall apply to such actions of said committee except 
 that such order shall go into effect at the expiration of thirty 
 days from the date thereof, and it shall not be necessary that 
 the actions and decisions of such committee be ratified by the 
 district school board or board of education before the issuance 
 or going into effect of such order. 
 
 2. REPEAL.] All Acts and parts of Acts in conflict 
 with the provisions of this Act are hereby repealed. 
 
 Approved March 6, 1899. 
 
 CHAPTER 79. 
 
 [H. B. 2.1 
 PROVIDING FOR FREE EDUCATION IN CERTAIN CASES. 
 
 AN ACT Providing that Honorably Discharged Soldiers and Sailors and 
 Their Orphan Children may Attend State Educational Institutions Free. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. FREE EDUCATION FOR WHOM.] That all persons and 
 the orphans of such persons residing in chis state, who served 
 
EDUCATION. 
 
 sixty days or more, in the army or navy of the United States 
 during our late war against Spain, and who have been honor- 
 ably discharged from such service, shall be admitted to attend 
 any State educational institutions of this State during good be- 
 havior, and shall be required to pay no tuition for such priv- 
 ilege; Provided, they shall be subject to the rules and require- 
 ments governing such schools as they may desire to attend. 
 
 S 2. EMERGENCY.] Whereas, many such persons have 
 already been honorably discharged and are now attending such 
 institutions, an emergency is declared to exist, wherefore this 
 Act shall be in full force and effect from and after its passage 
 and approval. 
 
 Approved February 21, 1899. 
 
 CHAPTER 54. 
 
 [H. B. 100.1 
 
 EMPOWERING SCHOOL DISTRICTS TO ISSUE COUPONS ON 
 BONDS COMING DUE. 
 
 AN ACT to Empower School Districts Having- Outstanding- Indebtedness in 
 Excess of Constitutional Limit to Issue Coupons on Bonds Coming- Due. 
 
 Be it Enacted by the Legislature of the State of South Dakota: 
 
 1. EXTENSION COUPONS HOW ISSUED.] When any 
 school district in this state, which shall have heretofore legally 
 issued, executed and delivered its negotiable bonds for the pur- 
 poses then provided by law, and which at the time of issue 
 thereof was not in excess of the debt limit allowed said district 
 or township by law, but which said district for aay reason has 
 outstanding in said bonds and other indebtedness an amount in 
 excess of the present constitutional and statutory limit, so as 
 to preclude a valid issue of bonds funding all outstanding 
 indebtedness, then, and in that event, the school board of said 
 district, upon being authorized so to do by a majority vote of all 
 electors at any regular election or special election called for 
 that purpose, is hereby empowered to make a contract for the 
 issue of extension coupons with the holder or holders of said 
 outstanding bonds, at or prior to the time of the same becoming 
 due, which said contract shall be entered upon the clerk's rec- 
 ord of said district, and in pursuance of said contract the said 
 school board shall execute and deliver the extension coupons of 
 said district extending the time of payment of said school 
 bonds heretofore issued for a period not less than three nor 
 more than ten years, at a rate of interest to be agreed upon be- 
 tween said school district board and the holder or holders 
 of said bonds, not to exceed the rate in the original bonds, 
 payable semi-annually at such date and place as may be stated 
 in said coupons. 
 
 2. EMERGENCY.] An emergency is hereby declared 
 to exist and this Act shall be in force from and after its passage 
 and approval. 
 
 Approved February 24, 1899. 
 
INDRX. 
 
 BOARD OF REGENTS See Regents Powers of Board. 
 
 BONDS 
 
 Vote for issue of bonds 36 
 
 Bond election 36 
 
 Denomination of bonds 37 
 
 Requirements as to form 37 
 
 Sinking- fund 38 
 
 Sale of bonds 38 
 
 Bonds a lien 38 
 
 Cancellation of bonds 38 
 
 Contracts for building school house 38 
 
 Application of this act , 39 
 
 COMPULSORY EDUCATION 
 
 Attendance, period of penalty 31 
 
 A-rrest of truant children 32 
 
 f]mployment of children 32 
 
 False statement 33 
 
 Prosecutions how and by whom made 33 
 
 Courts having jurisdiction. v 33 
 
 CONSTITUTIONAL PROVISIONS, 58. 
 
 COUNTY SUPERINTENDENT AND SUPERVISION 
 
 Supervision duties of 7 
 
 Shall encourage institute 8 
 
 County certificates , 8 
 
 Grades of same 8 
 
 Age of applicant 9 
 
 Revocation of certificate 9 
 
 County normal 10 
 
 Medium of communication 10 
 
 Salaries of superintendents . . 10 
 
 May close school 11 
 
 Visiting schools 11 
 
 Certificate not required 11 
 
 To examine accounts 12 
 
 Vacancy how filled 12 
 
 Treasurer's bond 12 
 
 Oaths of office 12 
 
 Qualifications 12 
 
 May provide office 13 
 
 Shall report enumeration 13 
 
 Shall make annual report 13 
 
 Appeals from district board 13 
 
 Appeal from county superintendent 15 
 
 Tax levy 15 
 
 Apportionment of money 15 
 
li INDEX. 
 
 District institutes 15 
 
 Not hold other office 16 
 
 Clerk's report 16 
 
 Treasurer's report 16 
 
 Failure of officer to report 17 
 
 Mileage of county superintendent 17 
 
 CITY, VILLAGE AND INDEPENDENT DISTRICTS See Independ- 
 ent Districts. 
 DISTRICT SCHOOL BOARD Powers and Duties. 
 
 School district officers 20 
 
 Annual election of officers 21 
 
 School board meetings of 21 
 
 Chairman duties of 22 
 
 Clerk duties of 22 
 
 Clerk and treasurer bonds of 22 
 
 Treasurer duties of 23 
 
 Warrants payments of 23 
 
 Warrants how drawn 23 
 
 Official oath and bonds where filed 24 
 
 Salary clerk and treasurer 24 
 
 INDEPENDENT DISTRICTS 
 
 Law where in force 39 
 
 Committee of arbitration 39 
 
 A free system of schools 40 
 
 Adjacent territory how attached 40 
 
 Shall be a corporation 41 
 
 Conveyances of property 42 
 
 Board of education 42 
 
 Power to fill vacancy 42 
 
 Shall maintain and control schools 42 
 
 Organization how made 42 
 
 Duties of the president and clerk 43 
 
 Tax levy 43 
 
 Treasurer how chosen bond of duties 43 
 
 Taxable property 44 
 
 Regular meetings 44 
 
 Clerk's annual report 44 
 
 Contracts 44 
 
 May read bible 44 
 
 Bonds how issued 44 
 
 Bond election 44 
 
 Shall sign bonds 45 
 
 Bond interest 45 
 
 Sinking fund how invested. 45 
 
 Payment of interest 45 
 
 Payment pledged 45 
 
 Bond and warrant register 45 
 
 Official oath and bond 46 
 
 Examination of teachers in independent districts 46 
 
 Ballot boxes to be provided 47 
 
 Error on tax list 47 
 
 Repeal 47 
 
 MISCELLANEOUS 
 
 Definition of school days 33 
 
 Illegal contracts 33 
 
 Penalty for false report 33 
 
 Must qualify 34 
 
 Vacancy how filled 34 
 
 Records open to inspection 34 
 
INDEX. iii 
 
 Tax levy to satisfy judgment 34 
 
 Jurisdiction in school suits 35 
 
 Fines and penalties 35 
 
 Assessor -duty of 35 
 
 Majority rule 35 
 
 Annual school election 35 
 
 Branches to be taught 35 
 
 Form of oath 35 
 
 Penalty for defacing school property 36 
 
 Reading circles 36 
 
 REGENTS Powers of Board. 
 
 Appointment by governor 7 
 
 Terms of office 8 
 
 Vacancies how filled 8 
 
 Qualification and organization 8 
 
 Appointment of committees 9 
 
 Meetings quorums 9 
 
 Absences 9 
 
 General powers and duties 9 
 
 Authority to make contracts and expend moneys 9 
 
 Employment of agents 50 
 
 Tuition fees 51 
 
 Conferring degrees , 51 
 
 Compensation 52 
 
 SCHOOL CORPORATIONS 
 
 School corporations defined 17 
 
 New counties districts of 17 
 
 Township district how subdivided 18 
 
 Officers reports subdivision 19 
 
 Name of school district 19 
 
 Boundaries how changed 19 
 
 School district corporation 20 
 
 Superintendent shall make plat of county 20 
 
 STATE SUPERINTENDENT AND DUTIES 
 
 Superintendent duties of 3 
 
 Office of 3 
 
 Shall print laws 3 
 
 Shall make report 4 
 
 To prepare examination questions 4 
 
 May appoint deputy 4 
 
 Institute conductor 4 
 
 Meeting of institute conductors 4 
 
 Blanks and blank forms 4 
 
 Compensation of 5 
 
 State certificate and diplomas 5 
 
 Examination for same 5 
 
 State certificate how secured 5 
 
 Renewal of same 6 
 
 State diploma how secured 6 
 
 Certificate free 7 
 
 May be revoked 7 
 
 TEACHERS Duties of. 
 
 Teachers how employed , 29 
 
 Teacher's register 30 
 
 Teacher shall make report 30 
 
 Shall give notice 31 
 
 Penalty for disturbing a school 31 
 
 Reading of moral instruction 31 
 
INDEX. 
 
 TEXT BOOKS Uniform System. 
 
 Who constitute board. . .* 54 
 
 Time of meeting- 55 
 
 Adoption and price of books 55 
 
 Duty of board and superintendent 55 
 
 Superintendent to notify members of board , 55 
 
 Contract with publishers 56 
 
 Form of contract 56 
 
 Bond from depositary 56 
 
 Printed lists and price of books 56 
 
 Petition for free books 57 
 
 Book-case, and secretary's report 57 
 
 Change provided for 57 
 
 Emoluments prohibited 57 
 
5,1;