L B UC-NRLF, OOL LAWS OF THE STATE OF WYOMING 1915 GIFT OF SCHOOL LAWS OF THE STATE OF WYOMING Compiled by EDITH K. O. CLARK Superintendent of Public Instruction Cheyenne, Wyoming 1915 Wyoming Labor Journal Publishing Company Cheyenne, Wyoming School Laws of Wyoming Shall Have Free Access to State Offices For What Purpose. Sec. 83. The governor shall have free access to the office of any state officer for the inspection and examination of all books, papers, records and proceedings. [S. L. 1890-91, Ch. 95, Sec. 5.] May Require Reports to Be Made to Him When. Sec. 84. The governor, or either house of the legislature, may, when in the opinion of either of them, the public interest demands the same, require any state officer, commission or board of a state institution, to communicate in writing any information concerning any subject pertaining to such office, commission or board, as the case may be. [S. L. 1890, Ch. 5, Sec. 2.] Custodian of Bonds. Sec. 106. The secretary of state shall be the custodian of all bonds of state officers, excepting his own. If at any time the sureties or any of them upon any official bond shall die, remove from this state, become insolvent or from any other cause cease to possess the qualifications required by law, the secretary of state shall require the officer giving such bond to give a new bond with such sureties as are required by law. [R. S. 1887, Sec. 1687.] Investments of Land Funds. Sec. 125. All permanent funds arising from the sale of state lands and any permanent addition thereto, may, and whenever practicable, shall be invested by the treasurer of the state with the approval of the governor and attorney gen- eral, in bonds of the United States or of the state of Wyoming, or in bonds issued by school districts within the state or reg- istered coupon county bonds of the state or registered coupon municipal bonds, issued by any corporate city or town in the state of Wyoming, or interest bearing warrants of his state. The interest only shall be used for the purpose for which the grant of lands was made. Provided, That all funds belonging to the state for public school purposes, the interest and income 3 " 381670 , 4 SCHOOL LAWS OF WYOMING of which only are to be used, shall be invested only in bonds issued by school districts or registered county bonds of the state or state sureties of this state or of the United States. [S. L. 1903, Ch. 30, Sec. 1.] How Invested. Sec. 126. Whenever in pursuance of any law of the state, authorizing such investment, the state treasurer shall propose to invest any of the permanent state land funds in bonds of any school district in the state, or registered bonds of any county in this state, he shall be and he is hereby authorized, if in his judgment it shall be desirable or necessary to do so, to offer and pay for any such bonds out of any such permanent funds, a premium for the same in such reasonable amount as shall be deemed proper and necessary to secure such bonds. Provided, That the treasurer shall not pay for any such bond a price in excess of their market value at the time of purchase. Such premium so paid to be thereafter returned to the per- manent fund from which it shall have beeu taken out of the first interest moneys received on such bonds, until the per- manent fund is entirely reimbursed for the amount of the pre- mium so paid. [S. L. 1897, Ch. 67.] SUPERINTENDENT OF PUBLIC INSTRUCTION. General Duties. Sec. 133. The duties of superintendent of public instruc- tion shall be as follows: He shall file all papers, reports and public documents transmitted to him by the school officers of the several counties, each year, separately, and hold the same in readiness to be exhibited to the governor, or to any com- mittees of either house of the legislature, and shall keep a fair record of all matters pertaining to the business of his office. He shall have a general supervision of all the district schools of the state, and shall see that the school system is, as early as practicable, put into uniform operation. He shall prepare and have printed suitable forms for all reports required by law and shall transmit the same, with such instructions in reference to the course of studies as he may judge advisable, to the several officers entrusted with their management and care. He shall make all further rules and regulations that may be necessary to carry the law into full effect, according to its spirit and intent, which shall have the same force and effect as though contained herein. [R. S. 1887, Sec. 3906.] SCHOOL LAWS OF WYOMING 5 Disposition of Donated Books, Maps, and School Apparatus. Sec. 134. One copy of all books, maps, charts or school apparatus, which may be received by the superintendent of public instruction from publishers, inventors or manufacturers, shall be placed by him in the public library of the state. [R. S. 1887, Sec. 3907.] Distribution of School Funds. Sec. 135. On or before the 31st day of March in every year, if there shall be any money to the credit of the income fund, for the use of public schools, in the state treasury, including the rents of the unsold school lands, the state su- perintendent of public instruction shall distribute such income among the several counties of the state according to the num- ber of children of school age in each, the same to be determined by reference to the last preceding annual reports furnished to the state superintendent of public instruction by the several county superintendents of schools. Such moneys so distributed shall be paid to the county treasurer of each county by the state treasurer, upon the requisition to that effect by the state superintendent of public instruction, which said requisition shall state the county entitled thereto, together with the amount, and the fund out of which it is to paid; and the superintendent of public instruction shall at the same time notify each superintendent of schools that such distribution has been made; such requisition shall be accompanied by a war- rant of the auditor upon the treasurer covering the amount of the requisition in each case, and the superintendent of pub- lic instruction shall file such requisition with the auditor and a copy of the same with the treasurer. Upon such distribution being made and said money being paid to the respective county treasurers, the county superintendent of schools in each county shall cause such money to be distributed among the several school districts in the county pro rata in the same manner and in the same proportion as the regular county school tax is re- quired by law to be distributed. Provided, however, That any law with reference to the distribution of the county school tax which provides for a certain amount to be paid to each school district before the pro rata distribution of the balance is made shall not apply in the case of the distribution of said money; Provided, further, That no apportionment from said state fund shall be made to any school district for a year in which a school has not been maintained therein for at least three months. [S. L. 1895, Ch. 53, Sec. 1; R. S. 1899, Sec. 93.] 6 SCHOOL LAWS OT WYOMING Salaries Shall Deposit Fees. Sec. 136. Until otherwise provided by law, the governor shall receive an annual salary of four thousand dollars; the secretary of state, state auditor, state treasurer, and superin- tendent of public instruction, shall each receive an annual salary of three thousand dollars; and the salaries of any of said officers shall not be increased or diminished during the period for w r hich they were elected, and all fees and profits arising from any of said offices shall be covered into the state treasury. [S. L. 1909, Ch. 54, Sec. 1.] Shall Reside at Seat of Government. Sec. 137. All officers hereafter elected to the offices men- tioned in Section 136 shall reside at the seat of government, and shall keep their offices at the state capitol. [S. L. 1909, Ch. 54, Sec. 2.] Attorney General Legal Advisor. Sec. 145. The attorney general shall prosecute and de- fend all suits that may be instituted by or against the state of Wyoming, the prosecution and defense of which is not other- wise provided for by law, and he shall represent the state in all criminal cases in the supreme court, and shall defend all suits brought against the state officers in their official relations, except suits brought against them by the state. He shall be required to attend to the interests of the state in all suits, actions or claims in which the state is or may become interested in either the supreme court of the state, or in any of the United States courts. He shall be the legal adviser of all elective and appointive state officers, and of the prosecuting attorneys of the several counties of the state, and shall, when requested, give written opinions upon questions submitted to him by such officers, and by either branch of the legislature, when in session. He shall also, within thirty days next preceding the meeting of the legislature, make a report to the governor of the condition of affairs of his department, and in said report make such suggestions as shall appear to him calculated to improve the laws of the state, and shall communicate to the governor or either house of the legislature, whenever requested, any in- formation concerning his office. It shall be the duty of the at- torney general to pay over to the state treasurer all funds that may come into his hands by reason of the duties of his office. [S. L. 1899, Ch. 22, Sec. 5.] Limitation of Expense. Sec. 249. No state officer shall be authorized to create any expense of any kind or character as a charge against the SCHOOL LAWS OF WYOMING 7 state in excess of the amount expressly provided for his use as a contingent fund. Any officer creating an expense in ex- cess of such amount shall be responsible for such expenditure under his official bond; Provided, further, That the various contingents must be made to cover the full period of two years for which they are appropriated, and that any outgoing officer who shall not, when his term of office expires, have on hand the full sum of one-eighth of his entire contingent, to cover the period to the first day of the following April, shall be considered delinquent, and shall be h?ld responsible as above provided. [S. L. 1899, Ch. 35, Sec. 3.] Penalty. Sec. 250. Any person or persons, or board, who shall violate any of the provisions of the preceding section, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in the sum not to exceed two hundred dol- lars. [S. L. 1899, Ch. 35, Sec. 5.] Receipts to Be Attached to Vouchers. Sec. 251. When an appropriation is made by law as a contingent fund for any office or officer, or board, or for any other purpose, to be expended for the state, the officer or board having charge of such fund shall keep an account therewith, showing when, to whom, and for what purpose any portion of said fund has been expended; which account shall always be open to public inspection; and every officer or person pre- senting any voucher to any board for allowance, or to the auditor for payment, shall have fixed thereunto receipts for all moneys expended ; and any and all claims failing to comply with this provision shall be rejected by the auditor, or any of said boards to which such claims shall be presented ; if any officer or person shall make or present any voucher for a greater sum of money than was actually paid or expended for the purpose stated or indicated in or by such voucher, he shall upon conviction thereof, be deemed guilty of embezzlement of the amount so falsely included in such voucher in the excess actually paid or expended, and shall be imprisoned in the penitentiary not less than five years. [S. L. 1899, Ch. 35, Sec. 4.] Contingent Fund. Sec. 252. Whenever an appropriation is made as a con- tingent fund for the use of any state office, officer, board or commission to be expended for the state, the officer, board, commission or other agency having charge of such fund shall keep an accurate account thereof showing when and to whom 8 SCHOOL LAWS OF WYOMING and for what purpose any portion of said fund has been ex- pended and when such expenditure is made as an incident to travel on business of the state, a statement as to the nature and purpose of such travel, which account shall always be open for public inspection. Every such officer, board, commission or other agency having charge of such fund shall file with the secretary of state not later than the 30th day of November in even numbered years, a certified transcript of all items and explanations appearing upon the original expense vouchers theretofore filed with the state auditor for payment, all of which shall be reconciled with the account of the state auditor at the close of business upon the date mentioned. [S. L. 1909, Ch. 125, Sec. 1.] Publication of Accounts. Sec. 253. It shall be the duty of the secretary of state to compile and publish in pamphlet form as a public document, all certified transcripts of accounts filed in his office pursuant to Section 252 for general distribution and to deliver a copy thereof to each member of the legislature on or before the first day of the next succeeding session. The cost of such publication shall be paid out of the fund appropriated for legislative printing, the number of copies not to exceed three hundred. [S. L. 1909, Ch. 125, Sec. 2.] Penalty. Sec. 254. Any state officer, or any member of any state board of commission who shall fail to comply with the pro- visions of the two preceding sections, shall be guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. [S. L. 1909, Ch. 125, Sec. 3.] Fiscal Officers to Balance Accounts. Sec. 260. All fiscal officers of the state shall balance their respective accounts at noon on the 31st day of March, and at noon on the 30th day of September in each year. [S. L. 1888, Ch. 54, Sec. 1.] Annual Fiscal Reports to Governor. Sec. 261. On or before the first day of November, annu- ally, each fiscal officer of the state shall report in writing, to the governor, the condition of his department, as required by law, covering the period since the last report, and up to and including the 30th day of September. [S. L. 1888, Ch. 54, Sec. 3.] SCHOOL LAWS OF WYOMING 9 Biennial Reports of State Officers. Sec. 262. Biennially, 011 or before the 1st day of Novem- ber, immediately preceding the meeting of the legislature, each and every state officer (except those mentioned in the last pre- ceding section), and each and every commission or board of a state institution, shall report in writing to the governor of the state, the condition of his department, or institution, cov- ering the period of two years preceding and up to and includ- ing the 30th day of September immediately preceding the fil- ing of such report. The reports thus required to be filed shall be in triplicate, one copy to be filed in the office of the gov- ernor, one copy for the use of the senate, and one copy for the use of the house of representatives. [S. L. 1890, Ch. 5, Sec. 1.] Annual Salary Only Compensation. Sec. 263. The officers of all state institutions shall each be paid an annual salary, to be fixed by law, and they shall re- ceive no other compensation, perquisite or allowance what- ever. [S. L. 1895, Ch. 79, Sec. 2.] State Officers to Be Paid Monthly. Sec. 264. Each state officer shall be paid his salary or compensation allowed by the constitution of this state or by law, in monthly installments, and the salary of each officer for each month shall become due and payable on the last day of each month upon the presentation of his account for the salary or compensation for such month, duly verified as pre- scribed by law. [S. L. 1895, Ch. 18, Sec. 1.] Qualifications of Sureties. Sec. 265. Each surety, when he shall sign an official bond, shall make affidavit that he is a resident of this state; that he is worth the amount to be secured by such bond, over and above all debts, liabilities and exemptions, and that the property named in such bond is situated in this state, which affidavit shall be attached to the bond and be sworn to before any officer authorized by law to administer oaths ; Provided, That any surety upon any official bond, who shall wilfully, falsely and corruptly make affidavit as to any of the qualifica- tions required of him, as such, shall be guilty of perjury, and upon conviction thereof, shall be imprisoned in the peniten- tiary of the state of Wyoming for a term of not exceeding ten years. [R. S. 1887, Sec. 1688.] Bonds to Be Given Before Entering Upon Duties. Sec. 266. No auditor or treasurer shall enter upon the duties of his office until he shall have given bonds, as herein- before specified. [R. S. 1887. Sec. 1690.] 10 SCHOOL LAWS OF WYOMING Inventory of State Property. Sec. 268. It is hereby made the duty of each state officer other than the state examiner, and each state board to furnish to the state examiner in the month of April of each year an exact and true inventory of all chattel property belonging to the state in his. her or its possession or under his, her or its control on the 31st day of March of each year, which inven- tory so furnished shall give a description of the property, con- dition, for what purpose used, where situated and its cost. Such inventory to account for all property coming into his, her or its possession since the report last made as required by this section. [S. L. 1899, Ch. 62, Sec. 2.] Deputies. Sec. 269. The secretary of state, the state auditor, state treasurer, and state superintendent of public instruction, or each of them, may appoint a deputy to perform the duties of their respective offices, such state officers being responsible to the state for the acts of such deputies appertaining to such office. The board of charities and reform, the state board of equalization, and every other board composed of any or all of the state officers shall choose from among the deputies of the several state officers, a person to be clerk of such board, and any such deputy so chosen shall not receive any other or fur- ther compensation as clerk of any such board; his salary as deputy, as by law provided being in full for all services.* The same person shall not be chosen as clerk of any two of the fol- lowing boards, to-wit: Board of charities and reform and board of equalization. [S. L. 1899, Ch. 35, Sec. 1.] Salaries of Deputies. Sec. 270. Such deputies shall each receive a salary of one hundred and twenty-five dollars per month and no other compensation** for any service rendered by them to the state ; said salary to be payable monthly, commencing on the 1st day of April, A. D. 1899. [S. L. 1899, Ch. 35, Sec. 2.] Shall Appoint Clerks of Boards Compensation. Sec. 271. Whenever pursuant to law, the state board of charities and reform shall appoint one of the regularly ap- pointed and qualified deputies of state officers to act as clerk of said board, and whenever pursuant to law, the state board of equalization shall appoint one of the regularly appointed and qualified deputies of state officers to act as clerk of said board. In such case the deputy so chosen to act in said capacity shall *See Ch. 74, S. L. 1909. **S. L. 1909, Ch. 74, and S. L. 1911 state exceptions. SCHOOL LAWS OF WYOMING 11 receive such salary as may be determined upon by the board making the appointment, not exceeding three hundred dollars per annum, payable in equal monthly installments, in addition to his salary as a deputy state officer, as provided by law, which said salary as clerk shall be approved and paid from the funds at the disposal of said boards, for contingent expenses in the same manner that other accounts coming under the juris- diction of said boards are approved and paid ; Provided, That no deputy state officer shall be eligible for appointment to both clerkships referred to in this section. [S. L. 1909, Ch. 74, Sec. 1.] Restriction Upon Public Officers in Contracting*. Sec. 280. It shall not be lawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution and laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the mak- ing or letting of which such officer may be called upon to act or vote. And it shall not be lawful for any such officer to rep- resent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any con- tract work in regard to which such officer may be called upon to vote. Nor shall any such officer take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character; and any and all contracts made and procured in violation hereof, shall be null and void. [S. L. 1890-91, Ch. 25.] Treasurer's Bond Condition. Sec. 281. The state treasurer and the treasurer of each county, city, town, school district, and any other public officer having the custody of moneys, shall be required to furnish a bond in the amount required by law, which bond shall be con- ditioned that he shall faithfully perform all of the duties of his office as prescribed by law, and that he will safely keep all moneys which may come into his hands by virtue of his office, that he will promptly pay over to the person or persons legally authorized to receive the same, all such moneys in the manner provided by law, and that he will deliver over to his successor in office all moneys held by him as such officer. Each of the said officers, and his bondsmen and sureties respectively, shall be responsible for the safe keeping and paying over according to law of all funds which shall come into his hands by virtue of his office. [S. L. 1899, Ch. 94, Sec. 1.] 12 SCHOOL LAWS OF WYOMING Who May Be Sureties. Sec. 282. The sureties and bondsmen on such official bonds shall be residents of the state of Wyoming, who shall duly qualify to own property in the state amounting in the ag- gregate to double the amount of the bond upon which they be- come sureties. Provided, however, That any surety or guar- anty company, duly qualified to act as surety or guarantor in this state upon executing such bonds, shall be accepted in lieu of such sureties. [S. L. 1899, Ch. 94, Sec. 2.] Premium Payable How. Sec. 283. When the bond of the state treasurer or of the treasurer of any county, city, town or school district in this state shall be furnished by a guaranty or surety company, the premiums due such company for furnishing such bond shall be paid out of the public funds of said state, county, city, town, or school district, respectively; and there is hereby appro- priated the sum of five hundred dollars per annum, or so much thereof as may be necessary, as a special contingent fund for the purpose of paying the premium upon the bond of the state treasurer. [S. L. 1899, Ch. 94, Sec. 3.] Condition of Bond. Sec. 284. All bonds required by Sections 281, 282 and 283 may be conditioned as follows : "Whereas, The above bounden was__ ; to the office of on the day of A. D "Now, therefore, the conditions of this obligation are such that if the said bounden and his deputies shall well and truly perform all the duties of his said office of as is or may be prescribed by law and shall with all reasonable skill, dili- gence, good faith and honesty safely keep and be responsible for all funds coming into the hands of such officer by virtue of his office ; and pay over without delay to the person or persons authorized by law to receive the same, all moneys which may come into his hands by virtue of his said office ; and shall well and truly deliver to his successor in office, or such other person or persons as are authorized by law to re- ceive the same, all moneys, books, papers and things of every kind and nature held by him as such officer, the above obliga- tion to be void; otherwise to remain in full force and effect.''* [S. L. 1899, Ch. 94, Sec. 4.] SCHOOL LAWS OF WYOMING 13 Sureties on Official Bonds How Released. Sec. 285. Any surety upon the bond of any state, county or municipal officer shall be released from further liability of such surety for such officer, by filing with the person or per- sons having authority to approve said bond, or with whom said bond is directed to be filed, a notice that said surety is unwill- ing longer to be security for such state, county or municipal officer. When any notice shall be filed as aforesaid, notice thereof shall immediately be given to such state, county or municipal officer, who shall thereupon file within fifteen days another security to be approved as provided by law. If said state, county or municipal officer shall not in the manner afore- said file such bond to be approved as aforesaid, the said office shall become vacant and the said vacancy shall be filled in manner as is now provided by law. If a new bond shall be given by any officer, as hereinbefore provided, then the former surety or sureties shall be entirely released and discharged from all liability incurred by such officer after the time of the approval of said new bond, and the sureties to the new bond shall henceforth be liable as therein provided, after the ap- proval of said new bond as aforesaid. The officer, officers, board or official body where or with whom said original bond was filed shall have power to declare any office or offices vacant as hereinbefore provided; Provided, That no surety shall be released from further responsibility until the office shall be declared vacant or a new bond approved by the proper authority. [S. L. 1899, Ch. 9, Sec. 1.] Court Officers May Give Surety Bonds When Expense. Sec. 286. Any receiver, assignee, guardian, trustee, com- mittee, executor, administrator or curator or other fiduciary required by law or the order of any court or judge to give a bond or other obligation as such, may include as a part of the lawful expense of executing his trust, such reasonable sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond, as may be allowed by the court in which, or a judge before whom he is required to account, on bonds of one thousand dollars or more, not exceed- ing one-half of one per cent, per annum ; on bonds of less than one thousand dollars, not to exceed the sum of five dollars. [S. L. 1899, Ch. 9, Sec. 2.] Official Bonds in Surety Company Expense. Sec. 287. Any state, county, municipal or district officer required by law or the order of any state, county or municipal council, board or organization to give a bond or other obliga- tion as such, may include as a part of the lawful expense of 14 SCHOOL LAWS OF WYOMING executing and performing the duties of his office, such reason- able sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond or obli- gation, and may pay such sum or expense from any contingent or other fund furnished by the state, county, or municipality or organization for the payment of the lawful expenses of said officer, or may upon proper presentation of a claim for such sum or expense, have the same paid by any such state, county or municipal council, board or organization that ordered and directed the said bond or obligation to be furnished; Pro- vided, That the cost of bonds and obligations of all state, county, municipal or other public officers shall not exceed the sum of one-half of one per cent, per annum on the amount of such bond or obligation. [S. L. 1899, Ch. 9, Sec. 3.] Limitation on Expense of Bond. Sec. 288. In all actions and proceedings wherein the parties thereto have furnished any bond, recognizance, under- taking, stipulation or other obligation, paying therefor to any company so authorized to do, a premium for such bond or obligation, such party, if entitled to recover costs in said action, shall be allowed and may tax and recover such sum paid such company for executing any bond, recognizance, under- taking, stipulation or other obligation therein not exceeding, however, one-half of one per cent, on amount of such bond, recognizance, undertaking, stipulation or other obligation on bonds of one thousand dollars or more during each year the same has been in force; on bonds less than one thousand dol- lars, not to exceed the sum of five dollars. [S. L. 1899, Ch. 9, Sec. 4.] Board of Trustees. Sec. 413. The government of the university shall vest in a board of nine trustees to be appointed by the governor, three, and only three, of whom shall at all times be residents of the county of Albany, together with the president of the university and the state superintendent of public instruction, as members ex-officio, as such having the right to speak, but not to vote. [S. L. 1890-91. Ch. 75, Sec. 3.] Board Who Members. Sec. 436. The governor, the secretary of state, the state treasurer, the state auditor and the state superintendent of public instruction shall constitute and shall hereafter be known as the state board of charities and reform. [S. L. 1895, Ch. 34, Sec. 1.] SCHOOL LAWS OF WYOMING 15 Secretary of Board. Sec. 443. The superintendent of public instruction shall be secretary of the board, and shall keep a careful record of the transactions of the board in a substantial and bound book, to be kept for that purpose, and which shall be known as the records and proceedings of the state board of charities and reform; he shall countersign all papers, instruments, or docu- ments approved, made, or directed by the board ; he shall also, for the board and under its direction, make a biennial report to the governor, during the month of December in each even numbered year, showing clearly and succinctly the condition of all institutions under the control or supervision of said board, whether general or direct, giving the number of inmates there- in, their ages, sex, condition, religious belief, conduct, and all other matters pertaining thereto, and such report shall also contain such recommendations as the board may see fit to make to the governor, or the legislature, as shall tend to ameli- orate the condition of the inmates of such institutions, that may tend to prevent crime, and as the claims of humanity and the public good may require. [S. L. 1903, Ch. 5, Sec. 1.] School Land Board. Sec. 602. The governor, secretary of state, state treas- urer and superintendent of public instruction, being consti- tuted a board of land commissioners by the provisions of sec- tion thirteen, article seven, of the constitution of the state, they shall, as such board, have the direction, control, lease and disposal of all lands heretofore or hereafter granted to the state for the support and benefit of public schools. Said board shall be officially known and designated as "the state board of school land commissioners," and shall have power and au- thority to take such official action, as may be at any time neces- sary, in making the selection of lands granted to the state for public school purposes, or to secure to the state the transfer and title of any such lands. [S. L. 1903, Ch. 78, Sec. 1.] GENERAL PROVISIONS RELATING TO COUNTIES. Chapter 38, Session Laws, 1911. Classification of Counties. For the purpose of fixing the compensation' to be paid to and the fees to be charged by county and precinct officers, the counties of the state are classified as follows : 1. Counties having an assessed valuation of more than twelve million dollars shall be counties of the first class. 16 SCHOOL LAWS OF WYOMING 2. Counties having an assessed valuation of more than six million dollars and not exceeding twelve million dollars shall be counties of the second class. 3. Counties having an assessed valuation of six million dollars, or less, shall be counties of the third class. Offices to Be at County Seat Records Public. Sec. 1134. In counties of the first, second and third classes the clerk, sheriff and treasurer shall, without expense to such officers, be furnished with offices in the court house, or build- ing used as such. Every sheriff, county clerk and county treas- urer shall keep his office at the county seat of his county, and in the office provided by the county ; if there be none provided, then at such place as the board of county commissioners may direct, and they shall keep the same open during the usual business hours of each day, Sundays and legal holidays ex- cepted ; and all books and papers required to be in their office, shall be open to the examination of any persons; and if any person or officer shall neglect to comply with the provisions of this section, he shall forfeit, for each day he so neglects, the sum of five dollars. [R. S. 1887, Sec. 1901 ; S. L. 1895. Ch. 76, Sec. 21.] Bonds and Oaths. Sec. 1135. Every county officer provided for by law shall, before entering upon the duties of his office, and within twenty days after the commencement of the term for which he w r as elected or appointed, execute and deposit his official bond, as prescribed by law, and every such officer shall, also w r ithin the same time, take and subscribe the oath of office prescribed by section twenty of article six of the constitution of Wyoming, before some officer authorized to administer oaths, which oath shall be endorsed on the back of his certificate of election or appointment, and shall be deposited with his official bond. [R. S. 1887, Sec. 1902.] Time of Qualifying. Sec. 1136. All county officers elected at any general elec- tion, shall qualify and enter upon the discharge of their re- spective duties upon the first Monday in January immediately following such general election. [R. S. 1887, .Sec". 1903.] Vacancies in County Offices How Filled. Sec. 1137. When a vacancy shall occur in the office of sheriff, county clerk, county treasurer, county and prosecuting attorney, or county commissioners, superintendent of schools, coroner, surveyor, road supervisor, assessor, justice of the SCHOOL LAWS OF WYOMING 17 peace, constable, or other county or precinct officer, any such vacancy shall be filled by appointment by the board of county commissioners in the county in which such vacancy exists. All such officers so appointed shall give bond, qualify and enter upon the discharge of their respective duties as by law required, and shall continue in the faithful discharge of such duties for the balance of the unexpired term of their respec- tive predecessors in office. [S. L. 1890, Ch. 80, Sec. 51.] Note. See also Chap. 112, page 124. Mileage How Computed. Sec. 1138. In all cases where a mileage fee or mileage ex- pense is allowed to any state, county or precinct officer, it shall not exceed the rate of ten cents per mile, for each and every mile actually and necessarily traveled in the performance of the duties of his office. In determining the mileage, it shall be computed by the nearest practicable route, and the "nearest practicable route" shall be construed to mean where the route is by railroad, it shall be by the most direct railroad line ; where the route shall be partly by stage or other conveyance, then the route shall be the most direct stage line, or other conveyance, to the nearest railroad station, and then by rail, as above provided. [S. L. 1897, Ch. 22.] Transportation Expenses. Sec. 1139. Whenever a county officer is allowed by law, mileage in the discharge of his duties, it shall be unlawful for him to claim, or for the board of county commissioners to al- low, any amount for horse hire, livery or any other and differ- ent transportation expenses. [S. L. 1895, Ch. 92.] Qualification of Sureties. Sec. 1140. Sureties upon an official bond, must be resi- dents of this state, and worth in the aggregate, double the amount to be secured by the bond, over and above all ex- emptions, debts and liabilities and each surety shall make an affidavit as to what he is worth, over and above all of his debts, liabilities and exemptions, which affidavit shall be en- dorsed on the bond. [R. S. 1887, Sec. 1912.] Failure to Give New Bond Renders Office Vacant. Sec. 1141. Whenever the board of county commissioners of any county shall require any new or additional bond to be given, as required by this chapter, it shall be the duty of the county clerk to immediately give personal notice thereof to the person required to give such bond, and if the bond so re- quired be not given within twenty days after the receipt of 18 SCHOOL LAWS OF WYOMING such notice, it shall be the duty of the board of county com- missioners to declare the office for which such bond is required to be given, vacant, and to cause such vacancy to be filled as provided by law. The person elected or appointed to fill such vacancy upon qualifying, as required by law, shall hold his office until the next general election in the county, and until his successor is duly chosen and qualified. [R. S. 1887, Sec. 1913.] Officer Filling Vacancy to Give Bond. Sec. 1142. Every person appointed to fill any vacant of- fice, as required by law, shall, before entering upon the duties of his office, qualify and give bond in the same manner as though he had been duly elected to the same office, and shall in all things be subject to the provisions of law relating to such office. [R. S. 1887, Sec. 1914.] Perjury by Surety. Sec. 1143. Any surety upon any official bond, who shall wilfully, falsely and corruptly make affidavits as to any of the qualifications required of him as such, shall be guilty of per- jury, and upon conviction therefor, shall be imprisoned in the penitentiary for a term not exceeding ten years, and not less than one year. [R. S. 1887, Sec. 1915.] Public Money to Be Paid Into Treasury. Sec. 1144. All county officers receiving money for any county in this state, shall pay the same into the county treas- ury of the proper county. [R. S. 1887, Sec. 1916.] Officers to Be Paid in Warrants. Sec. 1145. All county officers of any county in this state are prohibited from paying themselves from money belonging to any county which may be in their hands, but shall receive pay for all services rendered to a county, in warrants, drawn upon the county treasurer by the board of county commission- ers. [R, S. 1887, Sec. 1917.] Official Year Defined. Sec. 1146. The official year of all county and precinct of- ficers shall commence on the first Monday of January every second year, except as otherwise provided by law. [R. S. 1887, Sec. 1918.] Copies of Records as Evidence. Sec. 1147. Copies of all documents, writs, proceedings, instruments, papers and writings, duly filed or deposited in the office of any county clerk or county treasurer, and transcripts SCHOOL LAWS OF WYOMING 19 from books of records or proceedings kept by any such officer, with the seal of his office affixed, shall be prima facie evidence in all cases. [R. S. 1887, Sec. 1904.] Auditing Officer May Withhold Salary. Sec. 1148. In case any officer of the state, or of any county or municipal corporation therein, having the custody of public funds, shall be a defaulter, or in case any public officer whose duty it is to pay into the treasury of the state, county or municipal corporation, any fees collected by him as such officer, shall fail at the time or times required by law to pay over such fees into the proper, public treasury, the officer or officers, whose duty it shall be to audit and allow claims for salary of any such officer or to issue a warrant or warrants, in payment of the same, shall have authority to withhold the salary due to such officer, until such defalcation, if any, shall have been satisfied, or until such fees so unlawfully retained by such officer shall have been properly turned over and paid into the proper public treasury; and in case the state examiner shall have determined any such defalcation to exist, or that any such fees have been improperly retained by any public officer, it shall be the duty of such auditing officer or board to withhold such salary until such defalcation shall have been satisfied, or such fees shall have been turned into the proper public treasury, or unless, or until, a court of competent jurisdiction shall by judgment or decree arrive at a different conclusion from that of the state examiner, and adjudge that no defalcation or failure to pay over fees existed. [S. L. 1895, Ch. 119, Sec. 1.] Population How Determined. Sec. 1149. The number of inhabitants or population of a precinct for the purposes of fixing the compensation of justices of peace and constables provided by Sections 5180 to 5182, in- clusive, shall be ascertained by a reference to the census there- of last taken by the United States, or this state. In pre- cincts where the records of the census, as aforesaid, do not show the number of inhabitants or population, the presumption shall be, until overcome by satisfactory evidence to the board of county commissioners, that the population thereof is less than fifteen hundred. [S. L. 1895, Ch. 76, Sec. 22.] Assessment How Determined. Sec. 1150. The assessed valuation of a county for the pur- poses of classification for compensation of its officers shall be ascertained by a reference to the assessment last made before the election or appointment of the county officer affected there- by. [S. L. 1895, Ch. 76, Sec. 23.] 20 SCHOOL LAWS OF WYOMING Power to Appoint Deputies. Sec. 1151. County officers may appoint such deputies, and may employ such assistants as they may deem necessary, but no such deputies or assistants shall be paid by the county, excepting when specifically provided for by law. [S. L. 1895, Ch. 74, Sec. 10.] Officers Responsible for Acts of Deputies. Sec. 1152. All county officers shall be responsible for the acts of their deputies and assistants, and shall be holden on their official bonds therefor. [S. L. 1895, Ch. 74, Sec. 11.] Power of Deputies Bonds. Sec. 1153. All deputy county officers shall have the same power and authority as their principal, and all official acts performed by them shall have the same force and effect as if done by their principal. All officers appointing deputies and assistants may require from them a bond for their own protec- tion, in such sums as they may see fit. [S. L. 1895, Ch. 74, Sec. 12.] Powers and Compensation in Special Cases. Sec. 1154. Whenever any county officer shall be required to perform the official duties of any other officer in this state, he shall for the time being have the same powers in respect to the duties of such office as are given by law to the officer whose duties he shall perform, and shall be entitled to receive the same compensation for his services. [R. S. 1887, Sec. 1906.] Official Bonds Payable to State. Sec. 1155. Every official bond of any county officer, where not otherwise provided by law, shall be payable to the state of Wyoming, and an action shall lie thereon to the use of any party aggrieved, in the name of the people. [R. S. 1887, Sec. 1907.] Bonds of Revenue Officers. Sec. 1156. The several boards of county commissioners of this state, at any regular or special meeting, shall have power, by an order entered of record, to require any county officer, whose duty it is to receive any of the revenues of the county, to give bonds, with sufficient sureties to the people of the state of Wyoming, conditioned as now required by law, in the penal sum of one and one-fourth times the amount of taxes collected, or revenues of any kind, coming into his hands as such officer. [R. S. 1887, Sec. 1910.] SCHOOL LAWS OF WYOMING 21 Commissioners May Require New Bonds. Sec. 1157, If at any time the sureties or any of them, upon any official bond shall die, remove from this state, be- come insolvent, or from any other cause cease to possess the qualifications required by law, the board of county commis- sioners shall require the officer giving such bond, to give a new bond, with such sureties as are required by law. [R. S 1887, Sec. 1911.] When Salaries to Be Paid. Sec. 1158. The salaries of county and precinct officers as provided for by law shall be paid in equal monthly installments by the county in which they serve, and shall be allowed at the first regular monthly meeting of the board of county commis- sioners occurring after the rendition of such service ; Provided, That in counties of the third and fourth classes the salaries of the county and precinct officers may be paid quarterly. [S. L. 1895, Ch. 76, Sec. 20.] Removal of Officers. Sec. 1159. Every justice of the peace or other county officer not liable to impeachment, shall be removed from office by the board of county commissioners of the proper county, if after proof submitted, they shall be satisfied that the said officer has been guilty of any palpable omission of duty as. such officer, or has been guilty of wilful or corrupt oppression or partiality in the discharge of his official duties, or has de- manded or received any pay for the performance of the duties of his office to which he is not entitled or for any other act which by statute is in violation of his official oath and bond. [S. L. 1899, Ch. 7, Sec. 1.] Procedure in Removal. Sec. 1160. The accusation shall be presented to the clerk of the proper county in writing and be subscribed and verified by the person making the same, whereupon the clerk shall im- mediately notify the officer so accused to appear before the board of county commissioners at the next regular meeting, provided the same be more than fifteen days from the date of such notice, and if less, at the second regular meeting there- after. [S. L. 1899, Ch. 7, Sec. 2.] Testimony Vacancy, How Filled. Sec. 1161. The manner of taking testimony shall con- form to the provisions of the statutes as set forth in the justice code. If a vacancy be declared, the commissioners shall imme- diately proceed to fill the same as provided by law, unless 22 SCHOOL LAWS OF WYOMING notice of appeal be immediately given, and said appeal per- fected as provided in case of disallowance of claims, provided the right to appeal to the district court shall extend to both parties. [S. L. 1899, Ch. 7, Sec. 3.] Collector of Taxes. Sec. 1183. The county treasurer of each county shall be, by virtue of his office, collector of taxes therein, and shall per- form such duties in that regard as are prescribed by law ; and the bond to be given by such treasurer, as above provided, shall cover any or all violation or violations of his duties as collector of taxes, and any or all failure or failures on his part to pay over to the proper person or persons any moneys by him received as collector of taxes, and any and all failure or fail- ures of said treasurer to deliver to any person or persons au- thorized by law to receive the same, any books, papers or other things appertaining to his duties as collector of taxes. [S. L. 1890-91, Ch. 45, Sec. 3.] Custodian of County Funds. Sec. 1186. The county treasurer shall receive all moneys belonging to the county and state, from whatever sources they may be derived, and all moneys which may be directed by law to be paid to him. All moneys received by him for the use of the county, shall be paid out by him only 011 the orders or warrants issued by the board of county commissioners, as prescribed by law, except where special provisions for the pay- ment thereof shall be otherwise made by law. [S. L. 1890-91, Ch. 45, Sec. 5.] To Be Legal Adviser of County Officers. Sec. 1207. The county and prosecuting attorney, upon request of any county officer of his county, shall, without fee, give his opinion in writing upon all questions of law having reference to the duties of such officer, which may be submitted, and shall file and preserve in his office a copy of all such opin- ions. [R. S. 1887, Sec. 1895.] COUNTY SUPERINTENDENT OF SCHOOLS. Session Laws, 1913. Chapter 40. Sec. 1. Must Hold Teachers' Certificate. No county su- perintendent of schools shall receive compensation out of any public fund for his services as county superintendent of schools until he has filed with the board of countv commissioners a SCHOOL LAWS OF WYOMING 23 Wyoming teachers' certificate of as high a rank as first class, in full force and effect ; and the said county superintendent of schools shall be required to have such certificate in full force and effect during his term of office to entitle him to compensa- tion out of public funds. Sec. 2. This act shall take effect and be in force from and after its passage. . Oath and Bond Prohibited from Teaching. Sec. 1296. There shall be in each organized county a su- perintendent of public schools, who shall, before entering upon the duties of his office, take the oath prescribed by the constitu- tion and give bond to the state of Wyoming in the penal sum of five hundred dollars for the faithful performance of all duties required of him by law as such superintendent, to be approved by the board of county commissioners, and together with his certificate of election and oath, filed in the county clerk's office; Provided, That no person shall at the same time hold the positions of county superintendent of public schools and teacher in any public school in his or her county. [R. S. 1887, Sec. 1898.] Salary. Sec. 1297. County superintendents of schools shall re- ceive the following annual salaries: In counties of the first class nine hundred dollars, in counties of the second class seven hundred and fifty dollars, in counties of the third class six hundred dollars, and in counties of the fourth class five hun- dred dollars, together with their actual and necessary traveling expenses, while engaged in the discharge of their official duties, the account for which expenses, before being allowed, shall be stated in separate items, accompanied by vouchers, or receipts, for all items amounting to five dollars or more, and otherwise made comformable to the law. [S. L. 1901, Ch. 18.] Duties. Sec. 1298. The duties of the county superintendent shall be as follows: He shall on or before the fourth Monday of July in each year, transmit to the superintendent of public instruction a report containing an abstract of the several par- ticulars set forth in the report of the district clerks, together with a statement of the financial affairs of his office, and such suggestions as he shall think proper, relative to the schools of his county ; he shall distribute to the districts within his county such blank forms, circulars and other communications as may be transmitted to him for that purpose by the superintendent of public instruction. [S. L. 1907, Ch. 15, Sec. 3.] 24 SCHOOL LAWS OF WYOMING Office and Records of County Superintendent of Schools. Session Laws, 1913, Chapter 24. Sec. 1. Office at County Seat. It shall be the duty of the board of county commissioners, in each county of the state of Wyoming, to provide an office for the county superintendent of schools at the county seat, suitably equipped for properly transacting the duties of the office of county superintendent, and the county superintendent shall keep his office open such days and parts of days as may be in his judgment for the mutual advantage of himself and his patrons. Sec. 2. Records. It shall be the duty of the county su- perintendent of schools to keep on file in his office, a full and complete record of the official transactions of his office, includ- ing copies of all reports received by him in his official capacity and made by him to the state superintendent of public instruc- tion. Sec. 3. This act shall take effect and be in force from and after its passage. Note. See also Sections 1995, 1996, 1997, pages 53-54. Session Laws, 1915, Chapter 159. That Section 1 of Chapter fifty-two, Session Laws of Wyo- ming of 1913, be amended and re-enacted so as to read as follows : Clerk to Certify Number of Teachers. Sec. 1. It shall be the duty of the clerk of the board of trustees of each school district, including High School District, to file with the county superintendent of schools of the county within which such school district lies, on or before the first day of July each year, a certificate showing the number of teachers employed within said school district during the pre- ceding year; Provided, that after the year 1913 every teacher for whom credit shall be claimed in such certificate must have been engaged in teaching in said district for at least six school months during the said school year, or in conjunction with a predecessor shall have taught for said period ; Provided that in a school district continuing a high school up to that time previously conducted by a High School Dis- trict, of which it was a part, the six months service in the district of each high school teacher employed shall be esti- mated by crediting the teacher with the time of service im- mediately preceding, or in conjunction w r ith the predecessor, with time of service in the school year preceding as teacher in said High School District; SCHOOL LAWS OF WYOMING 25 And provided further, that no credit shall be claimed for a teacher in a grade school where the average number of pupils in attendance during the preceding school year has been less than six pupils per teacher, nor for a teacher in a high school where the average attendance has been less than ten pupils per teacher. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 5, 1915. Session Laws, 1913, Chapter 52. Sec. 2. Duty of County Superintendent. It shall be the duty of the said county superintendent to verify and correct said certificate and on or before the first day of August in each year to file with the county clerk a certificate showing the number of said teachers during the preceding" school year in each of the school districts, including high school districts, in the county. Sec. 3. That Section 7 of Chapter 106 of the Session Laws of 1911 be amended and re-enacted to read as follows: ; ; ; Section 7. County School Tax Limit. It shall be the duty of the board of county commissioners of each county to levy a general school tax upon all property within the county in an amount sufficient to raise three hundred dollars for each teacher within said county as certified to by the county super- intendent of schools ; Provided, That said levy shall not exceed three mills upon the dollar." Sec. 4. That Section 1299, Wyoming Compiled Statutes of 1910, as amended by Section 1 of Chapter 90, Session Laws of 1911, be amended and re-enacted to read as follows : "Section 1299. Apportionment of Taxes. On the first Monday of February in each year, commencing with the year 1914, the county superintendent of schools shall apportion the county school tax and all money in the county treasury be- longing to the county school fund, including poll taxes, fines and forfeitures, among the several school districts, including high school districts, in proportion to the number of teachers within the respective districts during the preceding school year as determined by the certificate of the county superintendent of schools filed with the county clerk; he shall record a state- ment of such apportionment in his office and shall also notify the county treasurer of the same ; he shall thereupon imme- 26 SCHOOL LAWS OF WYOMING diately draw an order on the county treasurer, in favor of the treasurer of each school district for the amount due it from said funds, -and transmit the same to the treasurer of the dis- trict, which draft the county treasurer shall pay to the treas- urer of the school district upon presentation, properly en- dorsed." Sec. 5. Supplementary Apportionment. That Section 1300, Wyoming Compiled Statutes of 1910, as amended by Chapter 90 of the Session Laws of 1911, be amended and re- enacted as follows: "Section 1300. Should no apportionment of the school funds be made on the first Monday in February, as required in this chapter, the county superintendent of schools shall make an apportionment as soon thereafter as practicable, in the same manner as hereinbefore provided. He may also, at any time, make a supplementary apportionment of the money paid into the county school fund subsequent to the time of the first ap- portionment on account of taxes or poll taxes due for the pre- ceding year, such apportionment to be made in the same man- ner as provided in Section 1299. " Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 7. This act shall take effect and be in force from and after its passage. Session Laws 1913, Chapter 15. Sec. 1. Duplicate Remittance Slips. It shall be the duty of county superintendents of schools and county treasurers when remitting funds to school district treasurers to advise the clerks of such districts of each and every remittance by issu- ing duplicate remittance slips giving date and amount of re- mittance, sending one with remittance to the district treasurer and one to the district clerk. Sec. 2. This act shall take effect and be in force from and after its passage. District Boundary Board. Session Laws 1913, Chapter 42. Sec. 1. Members and Duties. The county superintend- ent of schools and the board of county commissioners shall constitute a board for laying off their county into convenient school districts, such board to be styled "The District Boun- SCHOOL LAWS OF WYOMING 27 dary Board." Said board shall divide the county into school districts, and may alter and change the boundaries of the dis- tricts as formed from time to time as the convenience of the inhabitants of the aforesaid districts may require, and shall proceed to make such change, as in the judgment of the said board may seem wise, at any time when petitioned by a ma- jority of the legal voters of all the districts whether organized and existing, or proposed which shall be affected by such divi- sion or change of boundaries. And the district boundary board shall abolish or join in a contiguous district any school dis- trict in which no school has been maintained for twelve con- secutive months, and all funds to the credit of such district so abolished or joined to another district shall be returned to, and become a part of the general school fund of the county; Pro- vided, That nothing in this chapter shall be construed as to prevent the district boundary board from joining any school district, having less than eight pupils, to any other school dis- trict lying contiguous thereto, if, in the judgment of the board, it will be for the benefit of the public schools so to join such districts. Sec. 2. Chairman and Secretary. The chairman of the board of county commissioners shall act as chairman of the district boundary board. The board shall be authorized to transact business as a board when the county superintendent and two members of the board of county commissioners are present. The county superintendent of schools shall act as secretary of the district boundary board and shall keep an ac- curate record showing the boundaries of all the districts in his county so established and organized and any revisions or changes in boundaries made by the said board. Sec. 3. Notice to District Clerk. When the district boundary board shall have established a new district or shall have altered or changed the boundaries of any district or dis- tricts, the county superintendent shall promptly notify, in writing, the clerk of the district board in each of the districts so affected, giving in said notice the number of the district or districts affected and describing their boundaries. Sec. 4. Corporate City in One District. Whenever the district boundary board shall establish a new district or change the boundaries of existing districts, such establishment or change shall be made so as to keep all territory, embraced in any corporate city or village, in one school district, but the district boundary board may include in any such school dis- 28 SCHOOL LAWS OF WYOMING trict territory not within such corporate boundaries; and said boundary board is hereby authorized to change without pre- sentation of a petition, the boundaries of any school district or districts so that all the territory embraced in a corporate city or village shall be in one district. Sec. 5. Appeal. A majority of the voters in any dis- trict affected by the changed boundary, or a majortiy of such voters dissatisfied by the formation of any new district, shall have the right to appeal from the district boundary board to the state superintendent of public instruction, whose decision shall be final in the matter. Sec. 6. Funds of New Districts. Whenever the district boundary board shall have formed or established a new district from districts already legally organized, the school board of such newly organized district may draw the public school funds for paying teachers or other necessary legal school ex- penses from the school treasury of the district from which it was separated until such a time as the newly organized dis- trict shall receive its proper apportionment of school moneys and taxes. In like manner, any district which is established from two or more districts may draw the proper school funds for payment of teachers or other necessary legal school ex- penses from the treasury of the districts to which the said new school district formerly belonged. Sec. 7. Sections Repealed. Sections 1301 and 1927 of the Compiled Statutes of 1910, and all other acts and parts of acts inconsistent with the provisions of this act, shall be, and are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. Recommend Dismissal of Incompetent Teachers Visits. Sec. 1302. The county superintendent shall have the gen- eral superintendence of the schools of the county, and shall visit each school at least once in each term, and shall have power to recommend for dismissal all teachers he may find to be incompetent ; Provided, That before any teacher shall be dismissed it shall be the duty of the superintendent to specify charges, in writing, against said teacher, and shall file the same with the board of trustees of the school district wherein said teacher is employed, and upon such charges a hearing shall be had in the presence of the board, and if in their judgment SCHOOL LAWS OF WYOMING 29 the charges as preferred are well sustained, then the said board may proceed to dismiss said teacher. [S. L. 1901, Ch. 56.] Failure to Make Report Penalty. Sec. 1303. Should he fail to make his reports, as required in this chapter, he shall forfeit the sum of one hundred dol- lars, and suit shall be brought on his official bond for the col- lection of the same, with damages, by the prosecuting attor- ney. [E, S. 1887, Sec. 3915.] Supervisory and Appellate Authority. Sec. 1304. He shall see that the annual report of the clerks of the several school districts in his county are made correctly and in due time, and shall hear and determine all appeals from the decision of the district boards. [R. S. 1887, Sec. 3917.] County Teachers' Institutes. Session Laws 1913, Chapter 44. Sec. 1. Section 1305 of the Wyoming Compiled Statutes 1910, is amended and re-enacted to read as follows : "Section 1305. County Teachers' Institutes. The county superintendent of schools shall hold annually at some con- venient place a county teachers' institute for the instruction and advancement of teaching. Said institute shall continue not less than four days nor more than eight days. The county superintendent shall preside at all meetings and shall deter- mine the time and place for holding such meetings. It shall be the duty of all teachers actually engaged in teaching or having either a written or verbal contract to teach in such county, to attend such institute, unless they shall have a writ- ten excuse signed by the county superintendent ; and the state superintendent of public instruction may, at his discretion, upon the written complaint of the county superintendent, re- voke the certificate or refuse to grant a certificate to any teacher who refuses to attend the county institute held in ac- cordance with the provisions of this act ; Provided, That a cer- tificate signed by a regularly practicing physician of the in- ability of any such teacher to attend such institute, or the affidavit of two citizens of the county that said teacher was un- able to attend such institute because of storms, floods or other conditions beyond the control of said teacher, shall operate to exempt said teacher from the provisions of this act. Each teacher who attends institute shall be given by the county superintendent, a certificate setting forth the number of days of said institute such teacher shall have been in attendance, 30 SCHOOL LAWS OF WYOMING and the board of directors shall withhold the salary of any teacher who shall not produce the said certificate of attend- ance or an excuse from the county superintendent for the time that he should have been in attendance at the institute. It shall be the duty of each district board to pay all teachers who attend such institute the same salary per day that would have been paid had the same amount of time been expended in teaching. It shall be the duty of the county boards of com- missioners in each county to appropriate annually, two hun- dred and fifty dollars ($250.00) in counties having an assessed valuation of more than five million dollars ($5,000,000.00) ; two hundred dollars ($200.00) in counties having an assessed valua- tion of more than two million five hundred thousand dollars ($2,500,000.00); one hundred and fifty dollars ($150.00) in counties having an assessed valuation of more than one mil- lion four hundred thousand dollars ($1,400,000.00) and not exceeding two million five hundred thousand dollars ($2,500,- 000.00), for the payment of such instructors or lecturers as the county superintendent may employ to assist in holding the county institute, and no part of the amount appropriated shall be paid out by the county commissioners to the lecturers or instructors or any other expense incurred by the county super- intendent for county institute purposes unless ordered by the county superintendent. Sec. 2. Joint Institutes. Two or more counties may, at the discretion of their county superintendents, unite for the purpose of holding a joint annual institute at such place as may be agreed upon by such superintendents, and all the provisions of Section 1305 shall apply to such joint institute. Sec. 3. This act shall take effect and be in force from and after its passage. [S. L. 1913, Ch. 34.] May Appoint Deputies. Sec. 1306. In counties of the first, second and third class, the county superintendent, by and with the consent of the board of county commissioners, may appoint deputy county superintendents, to be paid by the county a compensation of three dollars per diem while actually engaged as such deputy. Provided, however, That in no case shall the amount so ap- propriated by any county for such deputy exceed the sum of one hundred and fifty dollars, in any one year. [S. L. 1909, Ch. 46, Sec. 1.] SCHOOL LAWS OF WYOMING 31 THE COURSE OF STUDY FOR ELEMENTARY SCHOOLS. Session Laws 1913, Chapter 53. Sec. 1. State Superintendent to Prepare Course of Study. It shall be the duty of the state superintendent of public in- struction to prepare a course of study for the elementary schools of the state, embodying therein the following subjects: Beading. Spelling. Writing. United States History. Language and Grammar. Numbers and Arithmetic. History and Civil Government of Wyoming. Humane Treatment of Animals. Nature Study and Geography. Physiology and Hygiene, with special instruction on the effects of alcoholic drinks and narcotics. Agriculture. Sec. 2. Duty of the County Superintendent. It shall be the duty of the county superintendent of schools to cause the subjects prescribed in the course of study to be taught in the public schools of his county and the work of instruction to be pursued as planned therein; Provided, That a principal or superintendent of schools in any district who has supervision over three or more teachers may amend and change the course of study prescribed by the state superintendent of public in- struction in such manner as will, in his judgment, apply more directly to the local conditions of such district. Except elimi- nation of the prescribed subjects. Sec. 3. City Superintendent and Others Report Failure. It shall be the duty of the several city superintendents of schools in the state and of the clerk and board of directors of all other educational institutions receiving aid from the state, to report to the county superintendent of schools any failure or neglect on the part of the board of trustees of any school district, or the board of directors of any educational institution receiving aid from the state, to make proper provision for the teaching of those branches prescribed in the state course of study issued by authority and through the office of the state superintendent of public instruction in any or all of the schools or other educational institutions under their charge, or over which they have jurisdiction. 32 SCHOOL LAWS OF WYOMING Sec. 4. Eligibility to Share in Annual Apportionment. The comity superintendent shall apportion annually his coun- ty's share of the state school land income fund only to those districts in which the subjects prescribed in this act have been taught as required, the county superintendent determining from the annual report of the district officers the eligibility of the districts to share in the apportionment. Sec. 5. Repeal. Sections 1963 and 1964, Compiled Stat- utes of Wyoming, 1910, and all other acts and parts of acts inconsistent with the provisions of this act, shall be, and are hereby, repealed. Sec. 6. This act shall take effect and be in force from and after its passage. [S. L. 1913, Ch. 53.] COUNTY LIBRARIES. Tax to Be Levied Amount. Sec. 1316. When the county commissioners of any county have received proper and sufficient guarantees, whether in the form of conveyances, or bonds of citizens, or associations or corporations, that a suitable place will be permanently fur- nished for the protection and use of a public library as a con- dition precedent to their own action, under the provisions of this chapter, it shall be their duty to levy annually a tax of not less than one-eighth of a mill nor more than one-half of a mill on the dollar on all taxable property in the county, for the establishment and maintenance of a public library to be located at the county seat of such county. And whenever a suitable place is furnished without rent for the use of any county library, the directors thereof shall have the power to pay such incidental expenses as may be necessary in keeping in repair and properly janitored, lighted, heated and cared for, the place so furnished, and to pay the expense thereof out of the taxes levied hereunder. [S. L. 1907, Ch. 45, Sec. 1.] How Tax Levied and Collected. Sec. 1317. The tax authorized by the preceding section shall be levied and collected at the same time and in the same manner as other county taxes of such county are levied and collected, and the whole amount so collected shall be set apart and shall be designated the county library fund; Provided, That nothing herein contained shall be construed into author- izing any additional levy to that now authorized by law. [S. L. 1907, Ch. 45, Sec. 2.] SCHOOL LAWS OF WYOMING 33 Board of Directors Appointment. Sec. 1318. The control and use of said library fund shall be entrusted by the county commissioners of any county to three competent and responsible citizens of the county, to be appointed by said commissioners and to constitute a board of directors for this purpose. As soon as appointed they shall in- corporate as a body, with an appropriate name. They shall serve without compensation and the treasurer of the board shall give bonds, to be approved by the county commissioners, for the faithful performance of his duties. It shall be their duty, upon notification from the county commissioners that a library fund is at their disposal, to expend so much of the said fund as shall be found available, in the purchase of books, fur- niture, salaries of librarian and assistants, and incidental ex- penses for the library herein provided to be established ; Pro- vided, That the books so purchased shall be of a kind best suited to inform the mind and improve the character of the reader; that neither sectarian nor professional books shall be purchased out of such fund, and that not exceeding twenty-five per centum of such fund so expended shall be used for the pur- chase of works of fiction ; the said trustees appointed by the county commissioners shall hold office, one-third for one year, one-third for two years, and one-third for three years from the 1st day of July following their appointment, and at their regular meeting shall cast lots for the respective terms; and annually thereafter the county commissioners shall, before the 1st day of July of each year, appoint, as before, one director to take the place of the retiring director, who shall hold office for three years and until his successor is appointed. The county commissioners may remove any director for misconduct or neglect of duty. [R. S. 1887, Sec. 686; S. L. 1907, Ch. 45, Sec. 3.] Donations Location of Library Librarian. Sec. 1319. The said board of directors is authorized to re- ceive donations of real estate, money or books, in aid of the establishment or maintenance of the library, for which said directors are hereby made responsible, and, as trustees of the donor, shall carefully observe the conditions accompanying every such gift, and if any incorporated literary or library association shall donate to such county library, property equal in value to one thousand dollars, or shall annually contribute to its resources a sum exceeding two hundred and fifty dol- lars in money, such association shall be entitled to name one person to be an associate member of said board of trustees, who shall have all the rights, privileges and responsibilities of the 34 SCHOOL LAWS OF WYOMING other members thereof. When no provision can be made for otherwise furnishing the library with the necessary accommo- dations for its books and other publications, without expense to the library fund arising from the public tax, it shall be the duty of the board of school trustees or directors of the school district embracing the county seat, to provide accommodations for them in the best situated school building over which such board of school trustees have control. The board of directors shall also appoint a competent person to have the immediate charge of the library, with such duties and compensation for services as they shall fix and determine. [S. L. 1907, Cli. 45, Sec. 4.] Libraries to Be Free. Sec. 1320. Every library established and maintained un- der the provisions of this chapter shall be free to all residents of the county to which it belongs, on the condition that such persons comply with such rules and regulations for the safety and management of the library as the board of directors shall prescribe, which rules and regulations may be enforced by legal proceedings in any court of competent jurisdiction; Pro- vided, That in the management of the library, the best possible provision shall be made for the convenient use of the books thereof by the residents of such county residing out of the town wherein the library is situated. [S. L. 1907, Ch. 45, Sec. 5.] Board of Directors Use of Books. Sec. 1321. It shall be the further duty of such board of directors to keep a careful record of all its doings, with dupli- cate vouchers for all expenditures, one set of such vouchers to be kept in the office of the secretary of the board of direc- tors, the other to be filed with the county commissioners at the end of each calendar year. The board of directors shall also, at the end of each year, report to the county commis- sioners all the important transactions for the previous twelve months, specifying in each report the sum of money received from the county library fund, also the moneys and property re- ceived from other sources, the use and disposition made of such moneys and other property, the number of books and other publications then in the library, the number of books and other publications added by purchase and gift during the year, as well as the number of books lost and missing, the number, title and cost of books, maps and charts purchased out of the county library fund, the number of books loaned out, with the gen- eral character of such books, the number of persons who have drawn books from the library during the year, and the nuin- SCHOOL LAWS OF WYOMING 35 ber of visitors thereto, together with such other facts deemed of public interest, a copy of which report shall be furnished by the clerk of said board of county commissioners for pub- lication in at least one paper of general circulation in the county. Only persons resident of the county shall be allowed to obtain a loan of books from the library, and in every case when books are lost or destroyed by such parties, or withheld from the library by such persons, then in that event such per- sons shall be responsible for the loss of such book or books, and the value of said book or books may be recovered by proper action at law in any court of competent jurisdiction in the county. [S. L. 1907, Ch. 45, Sec. 6.] PUBLIC INDEBTEDNESS. Indebtedness in Excess of Constitutional Limit, Void. Sec. 1353. Any indebtedness created after February 21, 1899, in excess of the limitation of the constitution, by any county, city, town, village, or other sub-division of the state of Wyoming in any current year, defined as from the first Mon- day in January of one year to the first Monday in January of the next year ensuing, in excess of that authorized by the con- stitution of the state and for the payment of which there are no available revenues, during such current year, shall as against such county, city, town, village, or other sub-division of the state, be void and of no effect, but any officer who shall par- ticipate in creating such indebtedness, and the sureties on his official bond, shall be personally liable to the holder, or holders, of such indebtedness as fully as if such indebtedness had been contracted for his individual benefit. [S. L. 1899, Ch. 89.] SCHOOL DISTRICTS ORGANIZATION AND GOVERN- MENT. Notice of Formation of New District. Sec. 1926. "Whenever a school district shall be formed in any county, the county superintendent of schools in such county shall, within fifteen days thereafter, prepare a notice of the formation of such district, describing its boundaries and stating the number thereof, and appointing a time and place for the district meeting. He shall cause the notice, thus pre- pared, to be posted in at least five public places in the district, at least ten days before the time appointed for such meeting; 36 SCHOOL LAWS OF WYOMING and when a joint district is derived from portions of two or more counties, the county superintendent of each county, from which any portion of the new district is taken, shall unite in giving the customary notices and the new r district shall be num- bered by the superintendent of the county having the highest number of districts. [R. S. 1887, Sec. 3918.] First Election of Trustees Officers of District. Sec. 1928. The qualified electors of a school district, when assembled in accordance with the notice required in section nineteen hundred and twenty-six, shall organize by appointing a chairman and a secretary who shall act as judges of election. They shall then by ballot elect three trustees possessing the qualifications of electors of said district, and the name of each elector shall be recorded by the secretary, and they shall hold their office until the next succeeding annual district election and until their successors are elected and qualified. The said trustees shall constitute a board of directors for the district and shall, as soon as they are qualified, choose from their number a director, treasurer and clerk of the district. [S. L. 1890, Ch. 77, Sec. 1.] Oath of Directors. Sec. 1929. All directors of the board shall, within ten days after their election, appear before some justice of the peace or other person qualified to administer oaths, and take an oath for the faithful performance of their duties and in accordance with law, and shall, without delay, transmit a copy of said oath in writing to the county superintendent of schools. [S. L. 1890, Ch. 77, Sec. 2.] Annual Election of Trustees District Officers. Sec. 1930. Except as otherwise provided by law, there shall be elected in each organized school district meeting 011 the first Monday in May of each year, one trustee, who shall hold his office for three years and until his successor is duly elected and qualified. If, for any cause, the annual election should not be held at the regular annual meeting, a special meeting may be held for that purpose if so specified in the notice for said special meeting. The trustees together shall constitute a board of directors for the district, and shall, im- mediately after they are qualified, elect one of their number a director, treasurer and clerk of the district. At the first reg- ular annual election after a school district is organized there shall be three trustees elected, one to hold his office for the term of three years, and one to hold his office for the term of two years, and one for the term of one year and until their SCHOOL LAWS OF WYOMING 37 successors are elected and qualified, and thereafter at each such annual meeting there shall be one trustee elected as afore- said, for the term of three years, as successor to the outgoing member of the board, and all of said trustees herein men- tioned shall possess the qualifications of any elector in said district, and shall be elected by ballot, and the name of each elector voting for trustee shall be recorded by the secretary of the meeting, and such record shall be filed with the district clerk. [S. L. 1890, Ch. 77, Sec. 3.] Election of Trustees Where Number Increased to Six. Sec. 1931. In all school districts in this state containing a population of one thousand or more, the number of trustees may be increased to six at any annual school election held hereafter, if the majority of the electors at such annual meet- ing, upon taking a vote by ballot, so decide. The electors shall then proceed by ballot to elect one trustee for one year, one trustee for two years, and two trustees for three years. At all annual elections held thereafter there shall be elected two trustees, who shall hold their office for three years, or until their successors are elected and qualified. [S. L. 1897, Ch. 38.] School District Seal. Sec. 1932. It shall be the duty of every board of school directors so increased to six members to provide, at the ex- pense of their district, and for said district, a seal, upon which shall be engraved the words "School District No , County, Wyo.," stating the number of the district, and the county in which it is situated. The seal shall be in possession of the clerk of the district. It shall be affixed to all communications or notices required by law to be sent or published by such school board, and to all warrants drawn upon the treasurer of the district. [R. S. 1887, Sec. 3923.] School District to Be Body Corporate. Sec. 1933. Each school district formed under the pro- visions of this title is hereby declared to be a body corporate by the name and style of "School District No , in the County of and State of Wyoming;" and in that name it may hold property and be a party to suits and contracts. [R. S. 1887, Sec. 3925.] Regular Meetings of District. Sec. 1934. The fiscal year shall end on the 30th day of April and the annual school meeting of each school district shall be held on the first Monday of May in each year. And, when present, the director and clerk shall preside as chairman 38 SCHOOL LAWS OF WYOMING and secretary, respectively, of such meeting. [S. L. 1907, Ch. 15, Sec. 1.] Powers of District Meeting. Sec. 1935. The qualified electors of the district, when assembled, shall have power: 1. To appoint a chairman and secretary, in the absence of the regular officers. 2. To adjourn from time to time, as occasion may re- quire. 3. To determine the number of schools which shall be established in the district, and the length of time each shall be taught. 4. To fix the site of each school house, taking into con- sideration in doing so, the wants and necessities of the people of each portion of the district. 5. To vote such sum of money as the meeting shall deem sufficient for any of the following purposes: To supply any deficiency in the fund for the payment of teachers; to pur- chase or lease a suitable site for a school house, or school houses; to build, rent or purchase a school house, or school houses, and keep in repair and furnish the same with the necessary fuel and appendages; for procuring libraries for the schools, books and stationery for the use of the board and district meetings ; and for the payment of all other contingent expenses of the district. 6. To direct the sale or other disposition to be made of any school house, or the site thereof, and of such other prop- erty, real or personal, as may belong to the district; and to direct the manner in which the proceeds arising therefrom shall be applied. 7. To vote a sum not exceeding one hundred dollars in any one year, to procure a district library, consisting of such books as they may direct any person to procure. 8. To delegate any and all powers specified in the fore- going sub-divisions to the district board; Provided, That the district board shall not have power to vote or raise money as provided in sub-division five. 9. To transact generally such business as may tend to promote the cause of education in accordance with the pro- visions of this and succeeding chapters. [R. S. 1887, Sec. 3927 ; SCHOOL LAWS OF WYOMING 39 S. L. 1888, Ch. 72, Sec. 12; S. L. 1890, Ch. 77, Sec. 5; S. L. 1903, Ch. 63; S. L. 1905, Ch. 91, Sec. 1.] Note : Bonds may not be voted at regular district meeting unless special notice is given. See chapter on School District Bonds, page 64. Objects in Voting Money to Be Designated. Sec. 1936. In voting money, the district meetings shall designate the respective objects for which the same is raised, and the amount to be raised for each object, and the aggre- gate amount shall be assessed and collected, as provided by law. [B. S. 1887, Sec. 3928.] Meeting May Adopt Bules of Order. Sec. 1937. They may adopt rules of order, not incom- patible with the provisions of this chapter and the instructions of the superintendent of public instruction, for the government of district meetings, and may alter and change the same from time to time as occasion may require, and may prescribe the manner of taking the sense of the meeting upon any question; Provided, That the last specification shall not apply to the elec^ tion of officers. [B. S. 1887, Sec. 3929.] Transfer of School Funds. Sec. 1938. In all cases where there are moneys belonging to the school house fund, remaining in the hands of the dis- trict treasurer of any school district, and the board of directors thereof are satisfied that such moneys are not required to build a school house or school houses, in said district, or repair or furnish the same, such moneys may be transferred and accred- ited to the teachers' fund, and applied to the payment of teachers. And the board may also in like manner transfer a surplus of the teachers' fund to the fund for building school houses when required. [B. S. 1887, Sec. 3930.] Manner of Conducting 1 Annual Meeting Election of Trustees. Sec. 1939. At the regular district meeting of school dis- tricts in each year, at the time now provided by law for the election of trustees, such district meeting shall be opened by proclamation of the trustees, at the hour named in the pub- lished or posted notice for the meeting. And the order of business at such meeting shall be : 1. Reading and consideration of the report of the clerk and treasurer. 2. Voting of money to be raised by special tax. 3. Election of trustee or trustees. 4. Miscellaneous business. [S. L. 1888, Ch. 73, Sec. 1.] 40 SCHOOL LAWS OF WYOMING Qualification of Electors. Sec. 1940. All school district elections shall be carried on as provided by law, and the qualifications of voters at such elections shall be the same as at any other election, and in ad- dition thereto, such voter shall be in possession of a tax re- ceipt, from the tax collector of the county in which such elec- tion is being held, showing that such voter is a property owner in such school district ; Provided, however, That the tax quali- fication mentioned in this section shall apply only to questions of special school tax appropriations of money and bonding such school district. [S. L. 1890, Ch. 80, Sec. 179; R. S. 1899, Sec. 536; S. L. 1905, Ch. 68, Sec. 1.] Directors Shall Qualify. Sec. 1941. Said directors shall qualify in the manner pre- scribed for directors elected upon the formation of a new school district ; and in case they neglect or refuse to do so they shall be subject to the same penalty. [R. S. 1887, Sec. 3934; R. S. 1899, Sec. 538.] Meeting of Board. Sec. 1942. The board of directors may hold such regular, special or adjourned meetings as they may from time to time determine. [R, S. 1887, Sec. 3935.] Powers and Duties of District Board. Sec. 1943. The district board shall make all contracts, purchases, payments and sales, necessary to carry out every vote of the district, for procuring any site for a school house, renting, repairing or furnishing the same, and disposing there- of, or for keeping a school therein, and performing such other duties as may be delegated to them bv the district meeting. [R. S. 1887, Sec. 3936.] Members of Board May Administer Oaths. Sec. 1944. The trustees of school districts are hereby sev- erally authorized to administer oaths within their respective counties in any and all matters pertaining to their respective districts and the business thereof, where an oath is or shall be required by law. [S. L. 1897, Ch. 4.] Authority of Board to Remove Scholars. Sec. 1945. The district board shall have power to admit scholars from adjoining districts, and remove scholars for dis- orderly conduct ; and when scholars are admitted from other districts the district board may, in their discretion, require a tuition fee from such scholars. [R. S. 1887, Sec. 3937.] SCHOOL LAWS OF WYOMING 41 When Board to Advertise for Bids. Sec. 1946. Whenever any school house is to be built or any repairs, addition or improvement costing more than two hundred dollars, made to any school house or district property, the board of directors of the district shall advertise for bids for such work, and in all cases contract the same to the lowest responsible bidder. [R. S. 1887, Sec. 3938.] Settlement with Treasurer Report to District Meeting 1 . Sec. 1947. They shall, from time to time, examine the books and accounts of the treasurer, and make settlement with him, and shall, at each regular meeting of the district, present to the same a full statement of the receipts and expenditures of the district and such other matters as may be deemed im- portant, [R. S. 1887, Sec. 3939.] Visiting Committee. Sec. 1948. They shall appoint a committee from their own body to visit the respective schools of the district monthly, and to aid the teachers in establishing and enforcing rules for the government of schools, and see that the teachers keep a correct list of the pupils, the time which they attend school, the branches of learning which each is studying, and such other matters as may, in the opinion of the board, tend to promote the welfare of the school. [R. S. 1887, Sec. 3940.] Auditing and Payment of Claims. Sec. 1949. They shall audit and allow all just claims against the district, and the directors shall draw an order for all demands thus audited, 011 the district treasurer. [R. S. 1887, Sec. 3942.] Special District Meetings Requisites of Notice. Sec. 1950. They shall, upon the written request of five legal voters of the district, or whenever they deem it expedient, call special meetings thereof ; but in all such cases, the notice of such meeting shall clearly state the precise object for which it is called, and time and place at which it is to be held. [R. S. 1887, Sec. 3942.] Vacancy on Board of Trustees How Filled. Sec. 1951. In case a vacancy in any district school board shall be caused by the resignation, death or otherwise of any one of its members, such vacancy shall be filled by appoint- ment of the district board, and said appointee may legally hold such office until the next annual school election following said appointment, but no longer, and at the annual election said vacancy shall be filled in the same way and manner as 42 SCHOOL LAWS OF WYOMING authorized by law for the annual election of school trustees. [S. L. 1901, Ch. 58.] Bond of District Treasurer. Sec. 1952. The district treasurer shall give bonds to the district in such penalty and with such sureties as the board of the county commissioners shall direct and approve, condi- tioned for the faithful application of all money which may come into his hands by virtue of his office ; Provided, Said bonds shall not exceed one and one-quarter times the amount of all the school moneys handled by the treasurer in any one year. Said penalty may be increased from time to time as the interests of the district may require. The said bond, after being approved by the board of county commissioners, shall be filed with the county treasurer, and it is hereby made unlawful for the county treasurer to pay over any sums of money out of the school fund to any district treasurer until such bond shall have been approved and filed as herein provided, and in case of a breach in the conditions of said bond, suit shall be brought thereon by the board of county commissioners of the county in which the district is situated, for the benefit of said district. [R. S. 1887, Sec. 3945.] Establishment of High Schools. Sec. 1953. The county superintendent and district board of directors may determine whether a school of a higher grade shall be established in the district, the number of teachers to be employed, and the course of instruction to be pursued therein, until the meeting of the teachers' institute, provided for by law, at which time the institute shall determine the studies to be pursued in all schools of like grade in the state ; and the superintendent of public instruction shall have the same power to carry into effect the determination of the in- stitute, as is provided in other cases ; and the board may erect, for the purpose, one or more permanent school houses, and shall cause such classification of the pupils as they may deem necessary; but in selecting the site for such school house or school houses the permanent interest and future welfare of the people of the entire district shall be consulted. [R. S. 1887, Sec. 3946.] Note This refers particularly to the district high school, and not to the high school as formed in accordance with S. L. 1905, Ch. 67. Separate School for Colored Children. Sec. 1954. When there are fifteen or more colored chil- dren within any school district, the board of directors thereof, SCHOOL LAWS OF WYOMING 43 with the approval of the county superintendent of schools, may provide a separate school for the instruction of such colored children. [R. S. 1887, Sec. 3947.] Employment and Payment of Teachers. Sec. 1955. The district board shall employ all teachers necessary for the schools of the district, and pay them by draft on the treasurer. [R. S. 1887, Sec. 3948.] Free to All Children Compulsory Education. Sec. 1956. The public schools of each school district of the state shall at all times be equally free and accessible to all children resident therein over six and under the age of twenty- one years, subject to such regulations as the district board in each district may prescribe. Every parent, guardian or other person in this state having control or charge of any child or children between the ages of seven and fourteen years, in- clusive, shall be required to send such child or children to a public, private or parochial school, or to two or more of these schools, each school year, during the entire time that the pub- lic school shall be in session in the district in which the pupil resides. Provided, That exceptions may be made in the fol- lowing cases : (1) Invalids or others to whom the school room might be injurious, may upon receipt of a physician's certifi- cate be excused by the district board. (2) Pupils to whom the provisions of this act might work a hardship may be ex- cused by the written consent of the district board when a re- quest stating the reason for such excuse is presented by the parent or guardian to the district board. (3) Pupils who for legal reasons have been excluded from the regular schools and no provisions made for the schooling of such children. [S. L. 1909, Ch. 31, Sec. 1.] Duty of Officers Truancy. Sec. 1957. It shall be the duty of the sheriff of each county and of every deputy sheriff and constable within their respective precincts and of any truant officer, if there be any, to see that the provisions of sections 1956, 1957 and 1958 are complied with, and when from personal knowledge, or upon reports or complaints of any resident or teacher of the county, or precinct, or district under his supervision, he believes that any child subject to the provisions of said sections is habitually tardy or absent from school, he shall immediately give writ- ten notice to the parent, guardian or custodian of such child that the attendance of such child at school is required by law, and if within five days after such notice such parent, guardian or custodian does not comply with the provisions of this act, 44 SCHOOL LAWS OF WYOMING then such officer shall make and file complaint against such parent, guardian or custodian of any such child before a justice of the peace of the proper county, or the district court, for a violation of said provisions. Provided, That only one notice shall be required as to any child in any one year. Any such parent, guardian or custodian of any such child who shall vio- late the provisions of said sections, and after receiving such notice as aforesaid, and shall fail to comply with the provisions thereof, shall be adjudged guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars and not more than twenty-five dollars for any one of- fense, to which may be added in the discretion of the court, imprisonment in the county jail of not more than ninety days for any offense after the first. Any district board of a school district in which there is located a city or town of more than 2,500 inhabitants, may appoint a regular truant officer to carry out the provisions of said sections, who shall be paid out of the district treasury such sum as shall be provided in the order for his appointment, not exceeding, however, the sum of four dol- lars for each day of actual service. [S. L. 1907, Ch. 93, Sec. 2.] Enumeration Delinquent Pupils. Sec. 1958. On the first day of school in each school dis- trict it shall be the duty of the clerk thereof to furnish to the sheriff or constable within the proper precinct, a list of the names of children of compulsory school age within the district who are enumerated on the regular enumeration lists. At the close of the first week of school in such district, it shall be the duty of each teacher therein to send to the county superin- tendent of schools a complete list of pupils attending his or her school, which list shall be immediately forwarded by said county superintendent to the proper sheriff, deputy sheriff, constable or truant officer, in order that the provisions of this, and the two preceding sections may be duly executed; and it shall be the further duty of the teacher, or principal, if there be any, when a pupil has been absent for three consecutive days, for which absence there has been, in the teacher's judg- ment, no good reason assigned, or when a pupil is habitually absent or tardy, to make written report to the truant officer of the district concerning such delinquency, and it shall then be the duty of said officer to proceed according to section 1957. [S. L. 1909, Ch. 31, Sec. 2.] School Offenses Defined Penalty. Sec. 1959. Any person who shall use insulting and abusjve language to and toward any teacher in or about any public school house, or who shall wilfully disturb any public school SCHOOL LAWS OF WYOMING 45 or district meeting, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than five dollars, and not exceeding one hundred dollars. Any person who shall wilfully break, cut, deface, despoil, injure, damage or destroy any school property, or who shall cut, mark, write or otherwise place or put on, or cause to be placed or put upon, any school property, any language or pictures or figures or signs of an obscene character, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall pay a fine of not less than five dollars, nor more than one hundred dollars. The said fines shall be paid into the treasury of the school district in which the offense was committed. [S. L. 1888, Ch. 72, Sub-Div. 2, Sees. 1-2.] School Week and Month Defined. Sec. 1960. Five days school constitute a school week, and twenty days a school month; and it shall be understood that school is not to be kept in operation on Saturdays or any holi- day, but if a holiday fall upon a day which would otherwise be a school day, it shall be counted as though taught. [S. L. 1909, Ch. 159.] School Officers Shall Not Be Agents for School Supplies- Penalty. Sec. 1961. Neither the state superintendent, or any per- son in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school, shall act as agent or solicitor for the sale of any school books, maps, charts, school library books, school fur- niture, apparatus or stationery, or furnish any assistance to, or receive any reward therefor, from any author, publisher, bookseller or dealer, doing the same. Every person violating this section shall forfeit not less than fifty nor more than two hundred dollars for each offense, and be liable to removal from office therefor. [S. L. 1888, Ch. 72, Sub-Div. 3, Sec. 2.] State Treasurer Shall Keep School Fund. Sec. 1962. The state treasurer shall keep a separate fund to be known as the "school fund," and all moneys appropri- ated for school purposes shall be kept in such fund. [S. L. 1888, Ch. 72, Sub-Div. 3, Sec. 3.] Discrimination on Account of Sex or Religious Belief Prohibited. Sec. 1965. In the employment of teachers in the public schools in this state, no discrimination shall be made in the question of pay on account of sex, nor on account of the re- 46 SCHOOL LAWS OF WYOMING ligious belief of the applicant for the position of teacher, when the persons are equally qualified, and the labor is the same. [S. L. 1890-91, Ch. 21.] Examinations Required. Sec. 1966. No certificate shall be granted hereafter to any person to teach in the schools of Wyoming, who shall not pass a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. [R. S. 1887, Sec. 3972.] Note This is interpreted not to apply to those who have shown that efficiency to render them eligible to secure cer- tificates without examination. Teacher's Report. Sec. 1967. It shall be the duty of the teacher of every district school, or graded school, to make out and file with the district clerk, at the expiration of each term of the school, a full report of the whole number of scholars admitted to the school during such term, distinguishing between male and fe- male, the names of such scholars, the number of days each scholar attended the same, the aggregate number of days of at- tendance of said schools, the text-books used, the branches taught and the number of pupils engaged in the study of each of said branches. Any teacher who shall neglect or refuse to comply with the requirements of this section, shall forfeit his or her wages for teaching such school, at the discretion of the district board. [R. S. 1887, Sec. 3973.] Refusal to Deliver Records to Successor Penalty. Sec. 1968. Every school district clerk, or treasurer, who shall neglect or refuse to deliver to their successors in office, all records and books, belonging severally to their offices, shall be subject to a fine not exceeding five hundred dollars. [R. S. 1887, Sec. 3974.] Employment of Counsel. Sec. 1969. In all cases where suits may be instituted by, or against, any of the school officers contemplated or created by law, to enforce any of the provisions herein contained, counsel may be employed, if necessary, by the officer insti- tuting the suit, and the expense of the suit shall be borne by the district, county or state in whose name, or against whom, the same may be instituted. [R. S. 1887, Sec. 3975.] Collection and Disposition of Fines. Sec. 1970. All fines, penalties and forfeitures provided by the school laws may be recovered by action in the name of SCHOOL LAWS OF WYOMING 47 the people of the state of Wyoming, for the use of the proper school district or county, and when they accrue, belong to the respective districts or counties in which the same may be ac- crued ; and the treasurer of such districts, and the county com- missioners of such counties are hereby authorized to receive and apply the proceeds of such forfeiture as the interest of the permanent fund is now, or may hereafter be, applied. [R. S. 1887, Sec. 3976.] Officer Failing to Pay Over Money Penalty. Sec. 1971. Any officer or person collecting or receiving any fines, forfeitures or other moneys and refusing and fail-' ing to pay over the same as required by law, shall forfeit double the amount so withheld, and interest thereon at the rate of five per cent, per month during the time of so withholding the same. [R. S. 1887, Sec. 3977.] Effect of Change in County Boundaries on School Districts. Sec. 1972. If by any act of the state legislature changing the boundary line or lines of any county or counties, or form- ing new counties from counties already formed, any legally organized school district is or has been separated from the county to which it then belonged and is or has been joined to another county, the members of the school board of such school district so separated from one county and joined to an- other county, shall hold their respective offices until the next annual school election following said change in county boun- daries ; and until such annual school election said school board may draw the public school funds for paying teachers, or other necessary legal school expenses from the school treasury of the county to which said school district formerly belonged, and in the same way and manner as said board would have drawn and expended said public moneys had no change in county boundaries been made. [R. S. 1887, Sec. 3978.] State Treasurer Authorized to Receive Donations for Schools. Sec. 1973. Whenever the state of Wyoming shall be en- titled to receive any moneys or funds from the United States of America, or from any other source or authority, to be ex- pended for the benefit of the public schools of the state, or held or in any manner applied for their benefit, the state treas- urer is hereby authorized to receive and receipt for such moneys or funds, and to make such application and use of the same as may be required by law. Should such moneys or funds be donated to the state, and should the act of donation require such moneys or funds to be applied or held, or used in a particular manner, they shall be so applied. [R. S. 1887, Sec. 3981.] 48 SCHOOL LAWS OF WYOMING Liability of Treasurer for School Money. Sec. 1974. The state treasurer shall faithfully account for all moneys or funds received pursuant to the foregoing section, and he and his sureties upon his official bond shall be liable for any failure to so account for such moneys or funds. [R. S. 1887, Sec. 3982.] School Board May Establish Manual Training 1 Schools. Sec. 1975. The school board of any district in the state shall have power to establish and locate industrial and manual training schools in connection with the public schools of said district. [S. L. 1895, Ch. 88.] Humane Treatment of Animals Taught. Sec. 1976. There shall be taught in the public schools of Wyoming, in addition to the other branches of study now prescribed, a system of humane treatment of animals, as em- bodied in the laws of Wyoming ; such instruction to consist of not less than two lessons of ten minutes each per week. The principal or teacher of every school shall certify in his or her reports that such instruction has been given in the school under his or her control. [S. L. 1901, Ch. 8.] DISTRICT OFFICERS AND THEIR DUTIES. Director to Preside at Meetings and Countersign Orders. Sec. 1977. The director, when present, shall preside at all meetings of the board of the district, and countersign all orders on the treasury for the payment of money. [R. S. 1887, Sec. 3951.] How Drafts and Orders Drawn. Sec. 1978. All drafts and orders drawn 011 the district treasurer, as required in the foregoing section, shall specify the funds on which they are drawn, and the use for which the money is designated, and shall be signed by the district clerk. [R. S. 1887, Sec. 3952.] By Whom District to Appear in Actions. Sec. 1979. The director shall appear in behalf of his dis- trict in all suits brought by or against the same ; but when he is individually a party, this duty shall be performed by the clerk. [R. S. 1887, Sec. 3953.] Duties of Clerk. Sec. 1980. The clerk shall record all the proceedings of the board and of the district meetings in books to be kept for SCHOOL LAWS OF WYOMING 49 that purpose, and report in writing to the county superintend- ent of schools the name of the director and treasurer imme- diately after they are chosen or elected, and he shall preserve copies of all reports made to the county superintendent, and shall file all papers transmitted to him, by school officers or other persons, pertaining to the business of the district, and shall sign all drafts, warrants and orders drawn by him. [S. L. 1890, Ch. 77, Sec. 4.] Clerk to Certify Debt Limit. Sec. 1981. The clerk of each school district of each county shall endorse a certificate upon every bond or evidence of debt issued pursuant to law, that the same is within the lawful debt limit of such school district, and is issued according to law. He shall sign such certificate in his official character. [S. L. 1890-91, Ch. 43, Sec. 2.] Clerks Shall Keep Accounts. Sec. 1982. The district clerk shall keep an accurate ac- count of all the expenses incurred by the district, and shall present the same to the district board, to be audited and paid as herein provided, out of the school fund. [R. S. 1887, Sec. 3955.] Notice of District Meetings. Sec. 1983. The district clerk shall give ten days previous notice of all regular and special meetings of the district, herein authorized, by posting up a written notice in three different places therein, and shall furnish a copy of the same to the teachers of each school in the district, to be read once in the presence of the pupils thereof. [R. S. 1887, Sec. 3956.] Duty District Clerk. Sec. 1984. The district clerk shall immediately after the annual school meeting and not later than the fourth Monday in May in each year, submit a report to the county superin- tendent for the past year ending April 30th next preceding. 1. Of the number of schools taught in such district, the number of days each scholar attended the same, and the ag- gregate number of days of attendance of said school respec- tively, as certified by the teachers of the several schools of such district. 2. The number of schools and the branches taught in each. 3. The number of pupils in each school, and of each sex. 4. The number of teachers employed in each school and the average compensation of each per month. 50 SCHOOL LAWS OF WYOMING 5. The number of days the school has been taught, and by whom. 6. The average cost of tuition for a pupil, per month, in each school. 7. Books used in each school. 8. The number of volumes in the library of each school. 9. The aggregate amount paid teachers during the year, the source from which the same was received, and the amount of teachers' fund in the hands of the treasurer. 10. The number of district school houses and the cost of each. 11. The amount raised in the district by tax for the erec- tion of school houses, and for other purposes authorized by law, and such other information as he may deem useful. [S. L. 1907, Ch. 15, Sec. 2.] Failure to Make Report Penalty. Sec. 1. Failure to Make Report Penalty. Should the clerk fail to file his report, as above directed, he shall forfeit the sum of twenty-five dollars, and shall be liable to make good on his official bond, all loss resulting to the district for such failure, and it shall be the duty of the prosecuting attor- ney to bring suit in both cases upon complaint by the county superintendent of schools, whose duty it shall be to make the complaint. Sec. 2. This act shall take effect and be in force from and after its passage. [S. L. 1913, Ch. 92.] Note Local authorities may, at their discretion, require this bond. Duties of the Treasurer Publication of Report. Sec. 1986. The treasurer shall have the custody of all moneys belonging to the district, and shall pay out the same upon the order of the clerk, countersigned by the director ; and shall keep an account of the receipts and expenditures thereof, in a book provided for that purpose. He shall cause to be pub- lished in some newspaper of general circulation in the county wherein such school district is situate, on the first week of July in each year, a full and true report of the receipts and disbursements of said district for the year next preceding such report. [R. S. 1887, Sec. 3959.] Teachers' Fund. Sec. 1987. The moneys for the payment of teachers shall be called the "teachers' fund," and the treasurer shall keep SCHOOL LAWS OF WYOMING 51 distinct and separate accounts with them; arid no warrant for money shall be paid by the treasurer which does not specify the fund on which it is drawn, and the specific use to which it is to be applied. [R. S. 1887, Sec. 3960.] School House Fund. Sec. 1988. The school house fund shall consist only of taxes collected in the district ; and all other school moneys be- longing to the district shall go to the teachers' fund, and shall be applied to no other use except to pay the wages of school teachers in the district. [R. S. 1887, Sec. 3961.] Treasurer to Receive District Money. Sec. 1989. The district reasurer shall apply for, and re- ceive all money apportioned to the district, by the county superintendent, when notified of said apportionment. [R. S. 1887, Sec. 3962.] Treasurer to Render Statement on Request. Sec. 1990. The district treasurer shall render a statement of the finances of the district as shown by the records of his office, at any time when required by the district board. [R. S. 1887, Sec. 3963.] Flag to Be Displayed on School House. Sec. 1991. It shall be the duty of the trustees, at the ex- pense of such district, in each school district in the state of Wyoming, to cause the American flag to be placed in a proper and suitable manner upon each school house, flag staff or tower, in such respective school districts in the state of Wyo- ming. And they shall cause said flag to be hoisted upon each of said school house or school houses, flag staff or tower, in such respective districts, during the time when school shall be in session. [S. L. 1903, Ch. 83, Sec. 1.] Annual Enumeration Children. Sec. 1992. It shall be the duty of the board of trustees of each school district in this state to cause to be made during the month of April in each year a full and true enumeration of all children of school age, to-wit: those between the ages of six and twenty-one years, in their respective districts. Such enumeration shall be in duplicate and in such form as may be prescribed by the state superintendent of public instruction, and shall set forth and state the name, age, sex and residence of each child enumerated, and the same shall bear a certificate signed by all or a majority of the trustees of such school dis- trict to the effect that it has been examined by the board of trustees of such district and found to be according to the best 52 SCHOOL LAWS OF WYOMING judgment and belief of the subscribers a full, true and correct enumeration of all the children of school age in their district. One of the duplicate copies of said enumeration shall be filed by the clerk of the school district with the other papers and records of the district in his custody and the other shall by said clerk be transmitted to the county superintendent of schools of his county on or before the fourth Monday of May in each year. [S. L. 1909, Ch. 41, Sec. 1.] Employ an Enumerator. Sec. 1993. The board of trustees of each district shall, if in its judgment it is necessary so to do, have power to employ a suitable person or persons for such time as may be actually necessary to make such enumeration for such district and re- turn the same to the said board ; such person so employed shall before commencing the making of such enumeration take, sub- scribe and file with the district clerk an oath in writing to the effect that he will faithfully, diligently, truly and to the best of his skill and ability perform his duty as such enumerator. [S. L. 1903, Ch. 91, Sec. 2.] False Enumeration Penalty. Sec. 1994. Any trustee of any school district or any enu- merator employed to make or assist in making the enumera- tion for any district who shall knowingly and wilfully make any false enumeration of the children of school age in such district or who shall certify to the correctness and truthfulness of any such enumeration knowing the same to be false, incor- rect and untrue, shall be guilty of a misdemeanor and on con- viction thereof shall be fined not less than ten dollars nor more than one hundred dollars or be imprisoned in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment, at the discretion of the court. [S. L. 1903, Ch. 91, Sec. 3.] Failure to Enumerate Penalty. Sec. 1995. In the event that the board of trustees of any school district should fail, neglect or refuse to make or cause to be made such enumerations as hereinbefore provided for in the event that the clerk of any district shall fail, neglect or refuse to transmit to the county superintendent of schools on or before the fourth Monday in May of each year the duplicate copy of the enumeration of his district as hereinbefore pro- vided, then and in either of such cases it is hereby made the duty of the county superintendent of schools to cause such enumeration to be made on or before the third Monday in June following at the expense of the school district, and to that end OF T UNIVERSITY SCHOOL LAWS OF WYOMING the said superintendent shall have all the power hereinbefore conferred upon the board of trustees for that purpose, and for the purpose of paying the expense of such enumeration the said superintendent is hereby authorized and directed to issue to the person making such enumeration an order upon such school district for the amount due such person and upon pre- sentation of such order it shall be the duty of the director and clerk of such district to issue a warrant upon the treasurer of the district for such amount. Provided, however, That in the event that such enumeration shall be made because of the failure, neglect or refusal of the clerk of the district to transmit a duplicate copy of an eumeration which had been made, then and in such case the said clerk shall be liable to his school district for the cost and expense of the enumeration made by the county superintendent, and the said district may, by an ac- tion at law recover of and from such defaulting clerk the cost thereof, together with costs and attorney's fees. Provided, further, That if such enumeration by the county superintend- ent be rendered necessary because of the neglect or failure or default of any members of the board of trustees in the per- formance of the duties by this or the three preceding sections enjoined upon them, then and in such case such defaulting members shall be jointly and severally liable to the school district for such cost and expense ; and the same, together with costs and attorney's fees, may be recovered by the district in an action at law from such defaulting members of the board. [S. L. 1909, Ch. 41, Sec. 2.] County Superintendents Duty Report. Sec. 1996. It shall be the duty of the county superintend- ent of schools to compile the said reports of the enumeration of children of school age in the several school districts of his county reported to him as hereinbefore provided and there- from to ascertain and determine the number of children of school age in his county, and at the time of making his annual report to the state superintendent of public instruction he shall include in such report a statement of the number of children of school age in his county as shown bv such enumeration. [S. L. 1903, Ch. 91, Sec. 5.] Distribution of State School Funds. Sec. 1997. It shall be the duty of the county superintend- ent of schools in distributing to the several school districts of his county the funds or moneys apportioned and distrib- uted to his county for school purposes by the state superin- tendent of public instruction. Provided, however, That no por- tion of the funds apportioned to any county by the state super- 54 SCHOOL LAWS OF WYOMING intendent of public instruction for school purposes shall be apportioned by the county superintendent of schools to any district for the year in which a school has not been maintained for at least three months. [S. L. 19.03, Ch. 91, Sec. 6.] PUBLIC KINDERGARTEN. Power of Trustees to Establish Kindergarten. Sec. 1998. The board of trustees of any school district in this state shall have power to establish and maintain free kindergarten schools in connection with the public schools of their district, for the instruction of children residing in such district and between the ages of four and six years, and shall establish such courses of training, study and discipline and such rules and regulations for the government of such kindergarten schools as said board may deem advisable; Pro- vided, That the cost of establishing and maintaining such kin- dergarten schools shall be paid from the special school fund of said school district, and the gross sum to be so expended by the said board for such kindergarten schools shall be annually fixed and determined by the qualified electors of such district at the annual meeting of such electors. [S. L. 1895, Ch. 50, Sec. 1.] Shall Be Part of School System Teachers. Sec. 1999. The said kindergarten schools shall be a part of the public school system and governed as far as practicable in the same manner and by the same officers as is now, or here- after may be provided by law, for the government of the pub- lic schools of this state ; Provided, however, That teachers of the kindergarten schools shall be the holders of certificates or diplomas from some reputable institution for the training of kindergarten teachers, and shall pass such other examination and possess such other qualifications as may be required by the board of trustees of the district employing them. [S. L. 1895, Ch. 50, Sec. 1.] Law Not Changed in Reference to Apportionment. Sec. 2000. Nothing in this chapter shall be so construed as to, in any manner, change the law, as it now exists, with ref- erence to the taking of the census of the school population, or the apportionment of the state and county school funds among the several counties and districts in this state. [S. L. 1895, Ch. 50, Sec. 1.] SCHOOL LAWS OF WYOMING 55 How Carried Into Effect. Sec. 2001. That for the purpose of carrying into effect the provisions of this chapter, it shall be lawful for the quali- fied electors of any school district in the state at the annual meeting held under the provisions of existing law, to vote such sum of money as may be necessary to establish and main- tain such kindergarten schools, during the school year next following such meeting, such sum in the aggregate not to exceed one mill upon the dollar of the ^aluation of the prop- erty in the district, as determined by the next preceeding an- nual assessment thereof for the purposes of taxation, the same to be certified, levied, collected and disbursed in the same man- ner as is now provided by law with respect to the special school funds of the several school districts in this state. [S. L. 1895, Ch. 50, Sec. 2.] FREE TEXT BOOKS. Text Books in Public Schools. Sec. 2002. The board of school directors in city or county are hereby empowered, and it is made their duty, to purchase all text-books necessary for the schools of such city, town or district; and they are further authorized to enter into con- tract, as hereinafter provided, with the publishers of such books for a period of years, not to exceed five; Provided, That the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, town- ship, school district, or other individual or corporation in the United States, to be determined as hereinafter provided ; and Provided, further, That such contract shall guarantee to such district any further reduction that may be granted elsewhere during the life of such contract. Said boards are hereby em- powered to purchase, as a book of reference for use in their schools, the History of Wyoming, in three volumes, of which C. G. Coutant is the author, and "The Sabbath as an American War Day," in one volume, of which W. P. Carroll is the au- thor ; Provided, That the price paid for the said work shall not exceed the price paid therefor by subscribers generally. Pro- vided, That no school trustee or officer of the district shall be interested in any way, directly or indirectly, in the sale of school supplies in the district in which he is a director. [S. L. 1901, Ch. 38.] Publishers Must File Bond. Sec. 2003. Before any publisher of school books shall be permitted to enter into contract with any school district 56 SCHOOL LAWS OF WYOMING under the provisions of this chapter, he shall file with the state superintendent of public instruction, to be approved by him, a good and sufficient bond in the sum of two thousand to twenty thousand dollars, which amount shall be fixed by the state superintendent of public instruction, for the faithful per- formance of the conditions of such contracts, and the observ- ance of the requirements of this chapter, and such publisher shall also file with the state superintendent of public instruc- tion, a sworn statement of the lowest prices for which his series of text-books are sold anywhere in the United States; and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such pub- lisher prior to the date of filing such bond and sworn state- ment of prices ; and all such contracts to which such publisher is a party made prior to filing such bond and sworn statement of prices, shall be null and void. [S. L. 1899, Ch. 29, Sec. 2.] Books Paid for from Public School Land Income Fund. Sec. 2204. The books to be purchased under the pro- visions of this chapter shall be paid for by the directors of the different school districts of the state, out of the public school land income fund, when the same shall be distributed to such districts annually. [S. L. 1899, Ch, 29, Sec. 11.] Books Paid for by Order on District Treasurer. Sec. 2005. For the purpose of paying for school books, the school district officers may draw an order on the district treasurer for the amount of school books ordered. [S. L. 1899, Ch. 29, Sec. 3.] Orders From What Funds Paid. Sec. 2006. The district treasurer shall pay orders drawn by school district officers for the purpose of school books out of any funds in his hands belonging to the district, except the money belonging to the teachers' fund. [S. L. 1899, Ch. 29, Sec. 4.] Publisher Becoming Member of Trust Nullifies Contract. Sec. 2007. Any contract entered into under the provi- sions of this chapter with any publisher who shall hereafter be- come a party to any combination or trust for the purpose of raising the price of school text-books shall, at the wish of the school board of the district using such books, become null and void. [S. L. 1899, Ch. 29, Sec. 5.] Duty Superintendent of Public Instruction. Sec. 2008. The state superintendent of public instruction shall, within thirty days after the filing of the hereinbefore SCHOOL LAWS OF WYOMING 57 mentioned sworn statement of prices of text-books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state to furnish all the school districts of such county with one copy each ; and the county superintendent shall immedi- ately after receiving said certified copies of prices of books send or deliver one of such certified copies to the director or secretary of each school district or board of education in such county, to be filed as a part of the records of such district ; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. [S. L. 1899, Ch. 29, Sec. 6.] Superintendent Must Furnish Form of Contract. Sec. 2009. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of con- tract between district boards and publishers of school books and to furnish the same through the county superintendent to the several district boards of the state; and no other form of contract shall be used by such district boards and publish- ers. [S. L. 1899, Ch. 29, Sec. 7.] Attorney General Must Investigate Violation of Contracts. Sec. 2010. Upon the filing of a written complaint with the state superintendent of public instruction by the officers of any district board, charging any publisher with violating the provisions of such contract as hereinbefore mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enfore the liability on the bond hereinbefore men- tioned. [S. L. 1899, Ch. 29, Sec. 8.] Books Property of District. Sec. 2011. All books purchased by district boards, as hereinbefore mentioned, shall be held as the property of the district and loaned to pupils of the school while pursuing a course of study therein, free of charge; but the district board shall hold such pupils responsible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. [S. L. 1899, Ch. 29, Sec. 9.] Pupils May Purchase Books. Sec. 2012. The provisions of this chapter shall include all school supplies; Provided, That nothing in this chapter shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to 58 SCHOOL LAWS OF WYOMING the district; Provided, further. That the board may designate some local dealer to handle books for the district with such an increase above contract price to pay cost of transportation and handling, as may be agreed upon between said board and said dealer. [S. L. 1899, Ch. 29, Sec. 10.] TEACHERS. Board of Examiners Teachers' Certificates. Sec. 2013. There shall be established in the state of Wyo- ming a state board of examiners, which shall be composed of three members, who shall be selected and appointed by the state superintendent of public instruction from the principals of the high schools, city and county superintendents and the faculty of the state university in the state. The board shall receive $5.00 a day while actually engaged in the performance of duty and also their actual traveling expenses in attending meetings. It shall be the duty of said board to meet at least annually in the office of the state superintendent of public instruction at the state house and adopt rules and regulations for the granting of certificates to teachers, to prepare examina- tion questions, which shall be sent to the county superintend- ents of the several counties, where examinations shall be held at least twice a year; to receive all papers written by appli- cants for certificates in the various counties and mark such papers, and to return within two weeks to the county superin- tendent from whose county the papers were received, the result of such examinations and when the result warrants, to recom- mend to the state superintendent of public instruction that he issue to the applicant a certificate of the proper grade, to keep on file for one year in the office of the state superintendent of public instruction at the state house all examination papers and all other papers pertaining to the work of the board, which shall be open at all times to the inspection of the public; to recommend to the state superintendent of public instruction the issuing of five regular classes of certificates as follows, to be determined by the qualifications of the applicants in each case. Third Class. The applicant shall pass an examination in the following subjects: orthography, reading, penmanship, arithmetic, English grammar, geography, United States his- tory, civil government of the United States and Wyoming, physiology, hygiene and agriculture, securing an average of SCHOOL LAWS OF WYOMING 59 not less than 70 per cent, and not falling below 50 per cent in any one branch. [S. L. 1913, Ch. 102.] Second Class. The applicant shall pass an examination in all of the subjects required for the third class certificates with the following additional subjects: Rhetoric and compo- sition, theory and practice of teaching, securing an average grade of not less than 80 per cent and not falling below 60 per cent in any one branch. First Class. The applicant shall pass an examination in all of the subjects required for the second class certificate with the following additional subjects: Elementary algebra, English and American literature, elementary psychology, physical geography, and any two or more of the following subjects: Plane geometry, botany, zoology, chemistry, general history, Latin, German, political economy, bookkeeping, short- hand, securing an average of not less than 80 per cent and not falling below 60 per cent in any one branch. An applicant for this class of certificate must have had not less than one school year of successful experience in teaching. Professional Second Class. The applicant shall pass an examination in the same subjects as those required for the first class certificate with at least two additional electives and the following subjects in addition thereto: School manage- ment, pedagogy, methods and history of education, and secure the same average and minimum grades as those required for first class certificates. Applicants for this certificate must have had not less than two years of successful experience in teaching. Professional First Class. The applicant at the time of his application must have had not less than three years of suc- cessful experience in teaching and must have previously been granted a professional second class certificate and pass an examination upon the subjects of advanced psychology and school supervision. [S. L. 1909, Ch. 33, Sec. 1.] Recommend Issuance of Certificates Without Examination. Sec. 2014. The state board of examiners shall upon appli- cation recommend to the state superintendent of public in- struction the issuance of certificates of any of the classes named in section 2013 to the following persons without exam- ination : Third Class. Graduates of the preparatory school of the University of Wyoming and of high schools in the state of 60 SCHOOL LAWS OF WYOMING Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade. Second Class. Graduates of the preparatory school of the University of Wyoming and of high schools in the state of Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade, \vho in addition thereto have successfully pursued a course of study in the state normal school of the University of Wyoming for a period of not less than eighteen weeks. First Class- Graduates of the preparatory school of the University of Wyoming and of high schools in the state of Wyoming whose diplomas represent the completion of a regu- lar four years' course of study above the eighth grade, who in addition thereto have successfully pursued a course of study in the state normal school of the University of Wyoming for a period of not less than one year, and must have had not less than one year of successful experience in teaching. Professional Second Class. Graduates of the state nor- mal school of the University of Wyoming who have had at least one year of successful teaching. Professional First Class. Graduates of the college of lib- eral arts of the University of Wyoming who have elected their major subject in their course of study at the University in the departments of psychology and pedagogy, said major being equal to at least one-fifth of the entire course of study pursued, or who pass a satisfactory examination upon the professional subjects required for a professional second class certificate and who have had at least two years of successful experience in teaching. Provided, That no certificates of any class shall be renewed without examination except as hereinafter pro- vided by this chapter. [S. L. 1909, Ch. 33, Sec. 2.] Classes of Certificates Validity. Periods for Which Valid. Sec. 2015. The various classes of certificates named in Section 2014 shall be valid in the entire state of Wyoming for the following periods : Third class, one year; second class, two years; first class, four years ; professional second class and professional first class for life. Provided, That no certificate shall be granted to any person under seventeen years of age and that any certi- ficate of any class upon recommendation of the state board of examiners may be revoked by the state superintendent of pub- lic instruction for gross inefficiency or immoral character. [S. L. 1909, Ch. 33, Sec. 3.] SCHOOL LAWS OF WYOMING 61 Positions for Which Valid. Sec. 2016. The various classes of certificates named in Section 2014 shall be valid to teach in the schools of Wyoming as follows: Third and second class certificates in the common schools from the kindergarten to the eighth grade, inclusive ; first class certificates in the common schools from the kindergarten to the eighth grade, inclusive, and for assistants in high schools in subjects covered by the examinations and for principals and superintendents of schools having no high school grades ; professional second class certifi- cates in any public school and for principals and superintend- ents of schools having no more than a two year high school course ; professional first class certificates in any public school and for principals and superintendents of schools of any grade. Provided, That persons now holding positions in this state as principals and superintendents of schools having high schools of any grade may continue to teach and supervise in positions of the same class upon any certificate of as high a grade as that now held by the said person until July 1st, 1911. [S. L. 1909, Ch. 33, Sec. 4.] Special Certificates. Sec. 2017. The state superintendent of public instruction upon the recommendation of the state board of examiners shall issue the following special certificates: A Temporary Certificate. An applicant for this class of certificate must have been engaged to teach a school in the state and present a request to the state board of examiners for this class of certificate from a member of the school board engag- ing her services, endorsed by the county superintendent of the county in which the applicant has been engaged to teach. Provided, That a good and sufficient reason must be presented showing why such temporary certificate should be granted and that this class of certificate is good only until the next regular examination Note: See also Section 2025. Diploma Certificate. This certificate shall be granted to graduates of the state normal school and of the college of liberal arts of the University of Wyoming for the period named in Section 2014 necessary to gain experiences required for any life certificate. Special Primary Certificate. This certificate shall be granted for four years upon the following qualifications and shall be valid to teach in primary and kindergarten grades, the applicant must have held previously two certificates of 62 SCHOOL LAWS OF WYOMING as high. a class as the second class and must have had not less than four years' successful experience in teaching and shall pass an examination upon primary and kindergarten methods, elementary psychology, methods and school management, making an average of not less than 75 per cent and not falling below 60 per cent in any one branch. Special Technical Certificate. This certificate shall be valid for four years to teach special technical subjects. The applicant shall pass an examination in the special branches which he expects to teach, making an average of not less than 80 per cent. Provided, That this certificate may be granted without examination to graduates of any technical school or college of the University of Wyoming to teach subjects cov- ered by the course of study which the applicant pursued and that it may be renewable for life for such applicant upon exam- ination in professional subjects required for the regular pro- fessional second class certificate. [S. L. 1909, Ch. 33, Sec. 5.] State Board of Examiners Shall be Judge of Equivalency. Sec. 2018. Certificates granted in other states and of as high rank as the first or second class certificates, having requirements equivalent to those in this state may be given the same validity in this state. The state board of examiners shall be the judge of equivalency. Exemption certificates granted to graduates of the state normal school and other schools of the University of Wyoming, may be granted to the graduates of other normal schools and colleges -of equivalent rank. The state board of examiners shall be the judge of equivalency. [S. L. 1909, Ch. 33, Sec. 6.] Board Discretionary Power. Sec. 2019. The board of examiners may have discretion- ary power to extend the first and second class certificates upon the completion of course of study in the state reading circle, provided, however, that no certificate shall be extended for a longer period than that for which it was originally granted and that after July 1st, 1911, no extension shall be made for more than two years at a time and that the examination for each year's extension must be based upon the reading of not fewer than two books. [S. L. 1909, Ch. 33, Sec. 7.] Certificate Necessary for Compensation. Sec. 2020. No person shall teach or supervise a public school in the state of Wyoming and receive compensation there- for out of any public fund who at the time of rendering such services is not a holder of a certificate granted under the pro- visions of this chapter. [S. L. 1909, Ch. 33, Sec. 8.] SCHOOL LAWS OF WYOMING 63 Examiners Recommend List of Books. Sec. 2021. It shall be the further work of the state board of examiners to recommend annually a list of books for the state reading circle for teachers and also a list of books suit- able for general reading for pupils of the various grades. [S. L. 1909, Ch. 33, Sec. 9.] Register Their Certificates. Sec. 2022. Teachers who contract to teach in any county of the state of Wyoming and who secure a certificate of any class from the state superintendent of public instruction shall in every case register their certificate in the office of the county superintendent of schools of said county before begin- ning to teach therein. [S. L. 1909, Ch. 33, Sec. 10.] Note: See also Chapter 161, page 131. Fees. Sec. 2023. Every applicant for a certificate of any class to be granted upon examination or by exemption or renewal shall pay to the state board of examiners the following fee: Temporary certificates $ .50 Second and third class certificates and special certificates 1.00 First and professional certificates 1.50 These fees shall be collected by the county superintendent of schools at the time of taking the examination, or at the time of making application for a certificate. The county superintendent of schools shall transmit to the secretary of the state board of examiners all fees collected, as provided by this section, who shall issue his receipt therefor in duplicate, the original to be forwarded to the county superintendent and the duplicate to be transmitted to the state superintendent of public instruction. The fees received by the state board of examiners shall be paid to the state treasurer and by him credited to the general fund of the state. [S. L. 1909, Ch. 33, Sec. 11.] Duty Secretary of Board. Sec. 2024. It shall be the duty of the secretary of the state board of examiners to give bond of not less than $1,000, for the faithful performance of his duties, the expense of said bond to be borne out of the funds appropriated for the support of the state board of examiners, said bond to be approved as other state bonds. [S. L. 1909, Ch. 33, Sec. 12.] Temporary Certificates. Sec. 2025. A teacher contracting to begin a school in the interim of examinations and not holding any certificate to 64 SCHOOL LAWS OF WYOMING teach in this state may make an application for a temporary certificate as provided in Section 2017 ; and in the meantime the county superintendent of schools of the county in which the applicant proposes to teach may issue to such an applicant a permit to proceed to teach legally in said school for a period long enough for the state board of examiners to act upon such applications. Provided, That no such permit shall be valid unless an application for a certificate shall be made to the state board of examiners of even or preceding date and that said permit shall state the fact of such application therein. [S. L. 1909, Ch. 33, Sec. 13.] Certificates How Issued. Sec. 2026. The superintendent of public instruction shall issue to teachers certificates of the proper grade on recom- mendation of the state board of examiners, which certificate shall entitle the holder to teach in Wyoming for the time fixed by law for that particular class of certificate. [S. L. 1909, Ch. 33, Sec. 14.] Annual Report. Sec. 2027. The state board of examiners shall make an annual report to the state superintendent of public instruction covering such points as the state superintendent may require. [S. L. 1909, Ch. 33, Sec. 15.] SCHOOL DISTRICT BONDS. Note. School trustees are urged when considering the issuance of school bonds, to consult with local attorneys. Authority to Call Election to Determine Issue. Sec. 2028. The board of school trustees of any school district may, whenever a majority thereof so decide, submit to the electors of the district the question whether the board shall be authorized to issue the coupon bonds of the district to a certain amount, not to exceed two per cent of the taxable property in said district, and bearing a certain rate of interest, not exceeding six per cent per annum, and payable and re- deemable at a certain time, not exceeding twenty-five years, for the purpose of building one or more school houses in said district, and providing the same with necessary furniture, and funding outstanding indebtedness evidenced by warrant or otherwise, against said district. [S. L. 1897, Ch. 41.] SCHOOL LAWS OF WYOMING 65 Bond Election Issue of Bonds. Sec. 2029. Such elections must be held in the manner prescribed for general or special elections in school districts, and the ballots must contain the words " Bonds, yes," or "Bonds, no." If the majority of the votes at such election are "Bonds, yes," the board of trustees must issue such bonds in such form as the board may direct ; they must bear the signatures of the president of the board of trustees and be countersigned by the clerk of the school district, and bear the district seal and be countersigned by the county treasurer, and the coupon attached to the bonds must be signed by the presi- dent and clerk and the county treasurer. And each bond so issued must be registered by the county treasurer in a book provided for that purpose, which must show the number and amount of each bond, and the person to whom the same is issued, and the said bonds must be sold by the said school trustees, as provided in section two thousand and thirty. [S. L. 1888, Ch. 72, Sec. 2.] Sale of Bonds Application of Proceeds. Sec. 2030. The school trustees must give notice in some newspaper of general circulation, published in the capital of this state, and also in some newspaper published in the county in which said school district is located, for a period of not less than four weeks, to the effect that the said school trustees will sell said bonds, briefly describing the same, and the time and place where such sale will take place ; Provided, That the said bonds must not be sold for less than their par value, and the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district ; and all money arising from the sale of said bonds must be paid forthwith into the treasury of the county in which said district may be located, to the credit of said district, and the same shall be immediately available for the purpose of building or providing the school house, or school houses, authorized by this chapter. [S. L. 1888, Ch. 72, Sec. 3.] Pledge for Payment. Sec. 2031. The faith of each school district is solemnly pledged for the payment of the interest, and the redemption of the principal of all bonds which are issued under this chap- ter. [S. L. 1888, Ch. 72, Sec. 4.] Tax Levy to Redeem and Pay Interest. Sec. 2032. The board of county commissioners of the proper county of each district must ascertain and levy annual- ly, the tax necessary to pay the interest as it becomes due, 66 SCHOOL LAWS OF WYOMING and a sinking fund to redeem the said bonds at their maturity ; and said tax is a lien upon the property in said school district, and must be collected in the same manner as other taxes for school purposes. Said tax shall be known as "district bond tax of school district No " [S. L. 1888, Ch. 72, Sec. 5.] Redemption. Sec. 2033. When 'the sum in the sinking fund equals or exceeds the amount of any bond then due, the county treasurer shall post in his office, a notice that he will, within thirty days from the date of such notice, redeem the bonds then payable, giving the number thereof, and the preference must be given to the oldest issue ; and if, at the expiration of the said thirty days the holder or holders of said bonds shall fail or neglect to present the same for payment, interest thereon must cease ; but the treasurer shall, at all times thereafter, be ready to redeem the same on presentation, and when any bonds are so purchased or redeemed, the county treasurer must cancel the same by writing across the face of each bond in red ink, the word "cancelled," and the date of such cancellation. The annual interest on all of said bonds shall be payable at the office of the treasurer of the proper county on the first and ten succeeding days of January in each year. [S. L. 1888, Ch. 72, Sec. 6.] Payment of Interest. Sec. 2034. The county treasurer may pay out of any moneys belonging to a school district tax fund, the interest upon any bonds issued under this chapter by such school dis- trict, when the same becomes due, upon the presentation at his office of the proper coupon, which must show the amount due, and the number of the bond to which it belonged, and all coupons so paid, must be reported to the school trustees at their first regular meeting thereafter. [S. L. 1888, Ch. 72, Sec: 7.] Preparation of Bonds. Sec. 2035. The school trustees of any district shall cause to be printed or lithographed at the lowest rates, suitable bonds, with the coupons attached, when the same become necessary, and pay therefor out of any moneys in their treas- ury. [S. L. 1888, Ch. 72, Sec. 8.] Penalty for Misapplication of Funds by Trustees. Sec. 2036. If any of the school trustees fraudulently fail or refuse to pay into the proper county treasury the money arising from the sale of any bonds provided for by this chap- ter, they shall be deemed guilty of felony, and upon conviction SCHOOL LAWS OF WYOMING 67 thereof, be punished by imprisonment in the state penitentiary for a term of not less than one year, nor more than ten years. [S. L. 1888, Ch. 72, Sec. 9.] County Treasurer Shall Have Custody of Funds. Sec. 2037. The county treasurer of such county shall have the custody of all funds realized from the sale of said bonds, until the same are drawn out by the order of the board of directors of said districts. [S. L. 1888, Ch. 72, Sec. 10.] Additional Bond of County Treasurer. Sec. 2038. The board of trustees of said district shall require the said county treasurer to give said district a separ- ate bond in such sum as said board may deem proper, with two or more sufficient sureties, conditioned for the faithful per- formance of the duties required of him by this chapter, and the faithful accounting for the moneys deposited with him and realized from the sale of said bonds, as herein provided for, and such bonds shall be approved by said board and shall be and remain in the custody of said board of trustees. [S. L. 1888, Ch. 72, Sec. 11.] REFUNDING SCHOOL DISTRICT BONDS. Power of Board to Issue Refunding Bonds. Sec. 2039. The board of directors of each and every school district in the state of Wyoming are hereby authorized to issue refunding bonds of such school district, for the purpose of taking up outstanding bonds of such school district, for any sum not exceeding the amount of outstanding bonds; Provided, That the qualified electors of any school district shall so elect and determine at any regular meeting, or at any special meeting, held for such purpose. [S. L. 1893, Ch. 10, Sec. 1.] Form of Bond, Time and Interest. Sec. 2040. Said bonds shall be issued in sums of not less than one hundred dollars, and shall be redeemed by the school district issuing the same within a period not exceeding thirty years, and not less than five years from the date of issue, and shall bear interest at a rate not exceeding six per centum per annum, on each dollar of their face, which interest shall be payable annually or semi-annually, the rate of interest to be determined by the board of school directors. Such bonds shall be numbered from one 'upwards, and be headed "Refunding bonds of school district No , in the county of , 68 SCHOOL LAWS OF WYOMING state of Wyoming"; and before being issued shall be registered by the treasurer of the county within which such school dis- trict is situated. [S. L. 1893, Ch. 10, Sec. 2.] Registration of Bond. Sec. 2041. The county treasurer of each county shall keep a book in which shall be registered all such bonds, showing the number of the bond, the date of issue, amount, number of coupons, date of redemption, date of registry and payment of interest on such bonds, which book shall, during business hours, be open for inspection. [1893, Ch. 10. Sec. 3.] By Whom Signed and Sale Thereof. Sec. 2042. All bonds so issued shall be signed by the presiding officer of the board of directors of such school dis- trict, countersigned by the county treasurer of the county in which such school district is situated, and attested by the clerk of such school district, with the seal of such school district attached; and none of such bonds shall be sold for less than their face value, and shall not be sold until thirty days' notice shall have been given in some newspaper of general circulation in the state of Wyoming. [S. L. 1893, Ch. 10, Sec. 4.] Coupons Where Paid. Sec. 2043. Said bonds shall have coupons attached, repre- senting the interest to be paid each year ; and the coupons representing said interest shall be detached from the bonds before presentation for payment of the interest for the year corresponding and upon payment shall be forwith cancelled by the county treasurer, by writing the word "cancelled" across the face thereof. The interest on all such bonds shall be payable at the office of the county treasurer of the county in which such school district issuing such bonds is situated, or in any place designated by the board of school directors of such school district. [S. L. 1893, Ch. 10, Sec. 5.] Tax to Pay Interest and Principal. Sec. 2044 There shall be annually levied by the board of county commissioners of the county, within which is sit- uated any school district issuing any such bonds, as are herein provided for, on all taxable property within the limits of said school district, a tax not to exceed seven mills on the dollar of valuation, which shall be known as the "Refunding bond fund of school district " Said tax shall be payable only in the lawful money of the United States, and shall be used to pay the interest and principal of said bonds, and for no other purpose, and said tax shall be collected in the same manner, SCHOOL LAWS OF WYOMING and at the same time as the county taxes, and paid into the county treasury by the collector of taxes. [S. L. 1893, Ch. 10, Sec. 6.] Duty of School Directors as to Redemption. Sec. 2Q45. The board of school directors of any school district, which may issue bonds, as provided in this chapter, shall each year, after the tenth year, retire as many of such bonds as can be redeemed, with the amount of said bond fund at the time in the hands of the county treasurer, and in all such cases, such bonds shall be redeemed by the payment of number one first, and proceeding continuously upwards with those outstanding. All cancelled bonds shall be turned over to the board of directors at such times as they may direct. [S. L. 1893, Ch. 10, Sec. 7.] Property in District Pledged for Payment. Sec. 204:6. All taxable property of any school district issuing bonds, as herein provided for, at the time of issuing such bonds, shall be pledged for the payment of the principal and interest of such bonds in the manner herein provided, and it shall not be lawful to use or divert any portion of such bond fund for any purpose whatever, except for the payment of such principal and interest. [S. L. 1893, Ch. 10, Sec. 8.] Duty of County Treasurer. Sec. 2047. The county treasurer of each county in which any school district, issuing bonds as herein provided for, is situated, shall have custody of all funds realized from the sale of such bonds, and shall pay the same out only upon the return of such bonds, for the redemption of which the refunding bonds, for the issue of which this chapter provides, may have been issued. Such bonds so redeemed shall be cancelled by the county treasurer and turned over to the board of school directors of the school district which issued said redeemed bonds at such time as they may direct. It shall be the duty of the county treasurer to give a separate bond to be made to such school district, in such sum and with such sureties as the board of county commissioners of the county may deem proper and sufficient, conditioned for the faithful accounting of the moneys deposited with him and realized from the sale of such bonds as are herein provided for, and such treasurer's separate bond shall be and remain in the custody of the county clerk of the county in which such school district is situated. [S. L. 1893, Ch. 10, Sec. 9.] 70 SCHOOL LAWS OF WYOMING Funds Realized from Sale of Refunding Bonds. Sec. 2048. "Whenever any school district shall have issued its refunding bonds, and the funds realized from the sale of such refunding* bonds, by reason of such 'bonds selling for more than their par value, are more than sufficient to redeem all the bonds, to redeem which said .refunding bonds were issued, such surplus may be used : First, to pay all the expense of issuing and disposing of said refunding bonds. Second, any surplus still remaining shall be turned by the county treas- urer into the "Refunding bond fund" of such school district, and used for the purposes for which such fund is used as pro- vided in section two thousand and forty-four. [S. L. 1895, Ch. 10, Sec. 1.] Balance in the Hands of County Treasurer How Used. Sec. 2049. Whenever any school district shall have issued its refunding bonds and there remains in the hands of the county treasurer of the "county in which said school district is situated, any moneys belonging to the funds provided by law for the payment of the principal or interest, or both, of the bonds to redeem which said refunding bonds were issued, said money may be used: First, to pay any deficiency in the expenses of issuing and disposing of said refunding bonds that cannot be paid by the surplus realized from the sale of said refunding bonds. Second, any moneys still remaining in said fund shall be turned by said county treasurer into the "Re- funding bond fund" of such school district and used for the purposes for which such fund is used as provided in section two thousand and forty-four. [S. L. 1895, Ch. 10, Sec. 2.] Surplus How Used. Sec. 2050. The county treasurer of any county in which is situated a school district that may issue refunding bonds, is hereby authorized and required to pay out the surplus mon- eys derived from the sale of any such refunding bonds, or the surplus moneys remaining in the old fund for the expenses incurred by such school district in issuing and disposing of such refunding bonds on orders of the school board of such school district, which orders shall state on their face that the money to be so paid was a legitimate expense incurred in the issue and sale of such refunding bonds. When all of such expense has been paid by the issue of such orders or otherwise, the board of directors shall, over the seal of said district, notify said county treasurer of the fact that all the expense incurred in the issue and sale of such refunding bonds has been paid, whereupon said treasurer shall immediately transfer all SCHOOL LAWS OF WYOMING 71 moneys remaining in his hands applicable to the payment of interest or principal of the old bonds to the "Refunding bond fund" of such school district; Provided, however, That all the bonds to redeem which said refunding bonds were issued have already been paid. [S. L. 1895, Ch. 10, Sec. 3.] HIGH SCHOOL DISTRICT. High School Districts. Sec. 2051. That for the purpose of affording better edu- cational facilities for pupils more advanced than the studies provided in the district schools existing in the several counties in this state, and in addition to such school districts as are now organized, or which may hereafter be formed under the laws for the creation and formation of the same, there may be organ- ized and established a high school district and a free high school therein on conditions and in the manner hereinafter prescribed, the territorial extent of which may embrace any number of present organized and constituted school districts, the qualified electors of which may vote to become a part of such high school district and participate in the maintenance and benefits of such high school organization. [S. L. 1905, Ch. 67, Sec. 1.] Body Corporate. Sec. 2052. Each high school district which may be formed under the provisions of this chapter, is hereby declared to be a body corporate by the name and style of " High School, State of Wyoming," and in that name it may hold property and be a party to suits and contracts. [S. L. 1907, Ch. 57, Sec. 1.] How Formed. Sec. 2053. Whenever one hundred freeholders in any ter- ritory sought to be organized into a high school district under the provisions of this chapter, a portion of which shall be free- holders of each school district intended to be embraced within such high school district, shall petition the board of county commissioners of the county within which such territory is, requesting the organization and establishment of a high school district under the provisions of this chapter, defining the boun- daries thereof, and describing the lands to be embraced therein, by townships and ranges or fractions of townships, the board shall, at their first meeting thereafter, give twenty days ' notice by publication in the official paper of said county that the 72 SCHOOL LAWS OF WYOMING question of the creation of such high school district will be submitted to the electors of the territory so to be embraced in such high school district at a designaied time, not to exceed thirty days from the expiration of the said twenty days' notice, whether such high school district shall be created and estab- lished. In addition to said notice, the trustees in the several school districts embraced within such territory thus to be organized into such high school district, shall be notified by such board of county commissioners of the holding of said election immediately after the first publication of the notice provided for in this section. And it shall be the duty of said school trustees to post a copy of said published notice on the front door of each school house in their said respective districts of such impending election. [S. L. 1905, Ch. 67, Sec. 34.] Election Called by County Commissioners. Sec. 2054. Such election shall be conducted in all respects the same as the election for school trustees, except that the said board of county commissioners shall call the election and that there shall be no registration of voters required or printed ballots furnished. Each school district to constitute a part of such high school district, shall constitute a voting precinct for the purpose of this chapter. [S. L. 1905, Ch. 67, Sec. 4.] Failure Trustees to Open Election. Sec. 2055. If for any reason the trustees of any such school district fail to open such election in the manner pro- vided, then and in such event the qualified electors of such school district assembled at the time and place for holding such election shall organize by appointing a chairman and secretary, who shall act as judges of such election. [S. L. 1905, Ch. 67, Sec. 5.] Judges of Election. Sec. 2056. In school districts having six trustees, three of their number shall be designated by them to act as judges of such election, but if for any reason they do not appear, the qualified electors of such school district there assembled may proceed to elect three persons having the qualifications of electors to act as judges thereat. [S. L. 1905, Ch. 67, Sec. 6.1 Election by Ballot. Sec. 2057. Said election shall be by ballot either written or printed and none but qualified electors of such school dis- trict shall be permitted to vote thereat. And the name of each person voting shall be recorded by the judges certified as such and return thereof made with the ballots as hereinafter pro- vided. Those in favor of the creation and organization of the SCHOOL LAWS OF WYOMING 73 high school district shall write or print on their ballots "For high school district." Those opposed to the creation and organization of the high school district shall write or print on their ballots, "Opposed to high school district." [S. L. 1905, Ch. 67, Sec. 7.] Canvass. Sec. 2058. After the election the ballots on said question shall be canvassed in the same manner as for school trustees, except that the judges of such election in the different pre- cincts shall forward the returns by registered mail to the county clerk of the county to be canvassed and the result to be determined by the board of county commissioners. The work of canvassing the returns shall be expeditiously done, and if for any reason delay should occur in forwarding the returns from the different precincts or from any of them, the board of county commissioners shall see that the delayed returns are promptly obtained. [S. L. 1905, Ch. 67, Sec. 8.] When Created Appointment First Trustees. Sec. 2059. When the returns of such election shall have been received by the county clerk, the board of county com- missioners shall proceed without delay to canvass the same, and determine and declare the result of such election, and enter the same upon their minutes. Such high school district shall be created, and said board of county commissioners shall declare the same to be composed of all precincts wherein a majority vote has been in favor of said proposition. The board of county commissioners shall give notice of the result of the election, naming the territory embraced in such created high school district, as shown by the election and as provided in this section, and thereupon such territory shall at once be created and constitute such high school district. The board of county commissioners shall thereafter, by order duly en- tered, promptly proceed to appoint six persons possessing qual- ifications of electors within the described territory and tax- payers thereof, who shall, with the county superintendent as ex officio member thereof, constitute a board of trustees of said high school district. Each of such trustees so appointed shall hold office until the first Monday in May next following his appointment, and until his successor is elected and quali- fied and shall within ten days of his appointment qualify by taking the oath required of county officers, and giving bond as may be required by the county commissioners for the faith- ful discharge of his duties, whereupon said high school dis- trict shall become fully organized. [S. L. 1907, Ch. 57, Sec. 2.} 74 SCHOOL LAWS OF WYOMING Election of Trustees Time. Sec. 2060. The election of high school district trustees shall be held at the same time and place and in the same manner as trustees of other school districts except that in high school district elections the returns shall be made to the county clerk of the county, and the same canvassed, the result determined and declared by the board of county commissioners as in the organization of a high school district. The acting and quali- fied trustees of such high school district may, until otherwise provided by law, make rules and regulations to secure uni- formity in the nomination of candidates for such trustees; Provided, however, That no such rules and regulations shall abridge the right of qualified voters to vote for any candidate they may desire for such trustee. [S. L. 1907, Ch. 57, Sec. 3.] Trustees Terms. Sec. 2061. There shall be elected in each high school dis- trict at the regular annual school election on the first Monday in May of each year, in the same manner as provided by law for the election of trustees for school districts, except as pro- vided in the preceding section, three trustees for such high school district, who shall hold office for a term of two years and until their successors are elected and qualified. On the next succeeding first Monday in May after the establishment of a high school district there shall be elected in said district six trustees, who shall be divided into two classes of three each. The term of those in the first class shall expire one year from the first Monday in May following their election, and the term of those in the second class shall expire two years from the first Monday in May following their election. When a vacancy occurs in the office of trustees in said district by death, resignation, removal from the district or otherwise, the- fact of said vacancy shall be immediately certified by the secre- tary, and such vacancy shall be filled by appointment by said board of trustees until the next annual election, at which time such vacancy shall be filled by election. [S. L. 1905, Ch. 67, Sec. 11.] Quorum. Sec. 2062. A majority of such board of trustees shall constitute a quorum for the transaction of all business, but four votes shall be required to decide any question. [S. L. 1905, Ch. 67, Sec. 12.] Where Located. Sec. 2063. The high school in said district shall be located at the county seat of government whenever said county seat SCHOOL LAWS OF WYOMING 75 is within the territory constituting such district, and a high school may be located in any other district selected by the electors of said district. [S. L. 1905, Ch. 67, Sec. 13; S. L. 1907, Ch. 57, Sec. 4.] Powers of Board Officers. Sec. 2064. At their first meeting in each year the trustees shall choose from their number a president and a secretary, who shall hold office for one year or until their successors are chosen and qualified. The county treasurer of the county wherein such high school district is, shall be the custodian of all funds available for such school purposes, under the provi- sions of this chapter. Payment shall be made by said treas- urer upon warrants, drawn against said funds duly signed by the president and secretary. The trustees shall have author- ity to make all necessary rules for the government of said high school not inconsistent with law, and shall possess all powers which may be delegated to the board of trustees in other school districts, at the annual meetings thereof. Such high school districts shall be recognized as one of the regular consti- tuted school districts of the county, and shall be entitled to and shall receive all the rights and benefits as such. [S. L 1905 Ch. 67, Sec. 14.] Tax Levy Bonds. Sec. 2065. At the first meeting of the board of trustees after any election in each year, or at any appropriate time, the said trustees shall make an estimate of the amount of funds needed for building purposes, for the payment of teachers' wages and for the payment of contingent expenses, and they shall present to the board of county commissioners a certified estimate of the tax required to raise the amount desired for such purpose. But in no case shall the tax for such purpose exceed in any one year the amount of ten mills on the dollar on all taxable property in said district, and when the tax is levied for the payment of teachers' wages and contingent ex- penses only, it shall not exceed two mills on the dollar. Provided, That said trustees may, if in their judgment they think best, bond said district for the purpose of raising money necessary to build, equip a high school in said district, and to purchase a suitable site therefor. But no bonds shall ever be issued to pay teachers' salaries, or for the general expenses in maintaining said school, or, further, that no bonds shall be issued, by such district beyond the united bonding capability of the territory embraced within such district, tak- ing into consideration existing obligations thereof at the time of the creation of such high school district, nor shall the 76 SCHOOL LAWS OF WYOMING issuance of any such bonds impair any outstanding obligations of any portion of the territory embraced within such high school district. [S. L. 1905, Ch. 67, Sec. 15.] Submission of Bonding 1 Question to Electors. Sec. 2066. The board of trustees of the high school dis- trict, whenever a majority of the board shall so desire, may submit to the electors of said district the question of whether the board shall issue bonds of said district for the purchase or erection of a building for high school purposes and the equipment and for a suitable site therefor, provided that no such district shall be bonded for the above purpose in any amount to exceed $50,000.00 and provided such bonds must run a term of twenty-five years or less, but 110 longer, and provided any such issue of bonds shall not increase the school indebtedness of the territory of said district beyond the maxi- mum limit fixed by the state constitution. Said election shall be held in the manner prescribed in this chapter for the sub- mission of the question of the establishment of said high school district, except that the board of high school trustees shall officiate in the place of the board of county commission- ers in giving the notices for and in determining the result of said election. The ballot shall be in the form as follows; "Shall bonds be issued and sold to the amount $ , bearing per cent interest, for the purpose of pur- chasing a school lot and building a school thereon and to equip the same?" "Bonds, Yes." "Bonds, No." The ballots herein provided for shall be printed and fur- nished in sufficient quantities at the different polling places for the use of the electors by the board of high school trustees. The elector shall prepare his ballot by crossing out thereon parts of the ballots in such a manner that the remaining part shall express his vote upon the question submitted. If a majority of the votes cast at such election are "Bonds, Yes," the board of high school trustees shall issue such bonds in such form as the board may direct and shall bear the signature of the president and the secretary of such board written in ink. The coupons attached to said bonds shall be signed in the same manner. Lithographic or fac simile signatures of the president and secretary may be affixed to the coupons only when so stated in the bonds. Each bond so issued shall be^ registered by the county treasurer in a book provided for that purpose, which shall show the number and amount of each bond and the SCHOOL LAWS OF WYOMING 77 person to whom same is issued. Said bonds shall be sold by said trustees in the manner provided for the sale of school dis- trict bonds, and the moneys arising from the sale thereof shall be paid into the treasury of the county to the credit of said high school district. The faith of the said high school district is solemnly pledged for the interest and redemption of the prin- cipal of the bonds issued under the provisions of this chapter. The county commissioners at the time of making the levy of taxes for county purposes shall levy a tax for that year upon the taxable property in said high school district for the interest and redemption of said bonds, and said tax must not be less than sufficient to pay the interest of said bonds for that year and such proportion of the principal as will come due during such year, and in any event must be high enough to raise an- nually for the first half of the term, (and) high enough to pay such annual interest and to pay annually a portion of the principal of said bonds equal to the sum pledged by taking the whole amount of said bonds outstanding and dividing it by the number of years for which said bonds have to run, and all moneys so collected must be paid into the county treasury to the credit of said high school district and kept in a separate fund, and to be used for the payment of the principal and interest on said bonds, and for no other purpose. [S. L. 1905, Ch. 67, Sec. 16.] Payment of Bonds. Sec. 2067. Said bonds shall be paid, principal and inter- est, in the manner provided for the payment of school district bonds. [S. L. 1905, Ch. 67, Sec. 17.] Estimate for Maintenance When Bonds Are Issued. Sec. 2068. In case bonds are issued, then the trustees, in making estimates for the maintenance of the high school, shall not include estimates for buildings or whatever said bonds are issued for. [S. L. 1905, Ch. 67, Sec. 18.] Collection of Tax. Sec. 2069. The tax provided for in Section 2065 shall be levied and collected in the same manner as other county taxes, and when collected the county treasurer shall place the same to the credit of said high school district. [S. L. 1905, Ch. 67, Sec. 19.] Record of Proceedings. Sec. 2070. The said board of trustees of said high school district shall keep a record of all the official acts done by said board, shall keep a full record of all warrants issued against 78 SCHOOL LAWS OF WYOMING the moneys belonging to said high school district. Payments of money can only be made upon warrants drawn against funds belonging to said high school district and the warrants so drawn must specify upon their face the purpose for which funds, called for by the warrants so issued. Said board of trustees of said high school district shall provide, at the ex- pense of their district and for said district, a seal, upon which shall be engraved the words " County High School, State of Wyoming," said blank space to contain the name, of the county wherein is located such high school district. The seal shall be kept in possession of the clerk of said dis- trict. Said seal shall be affixed to all communications or no- tices required by law to be sent or published by said high school board and to all warrants drawn upon the treasurer of said high school trustees. [S. L. 1907, Ch. 57, Sec. 5.] Trustees Provide Suitable Buildings. Sec. 2071. The said board of trustees shall proceed as soon as practicable after their appointment and qualification to establish the high school contemplated by this chapter, and may at their discretion lease suitable buildings for the use of the high school while the new buildings are in process of erection, or may contract with the trustees of the local school district, or with other parties for the use of suitable buildings for such high school purpose, and for such time as may be deemed best for the interest of such high school district, and if at any time the qualified electors of such district shall vote bonds, as herein provided, said trustees shall select the best site that can be obtained and the title thereto, upon procuring such site, purchased or otherwise, shall vest in such high school district under the name herein provided for and the trustees shall then proceed to make purchase of material and to build said building thereon, or to let such contracts for the neces- sary school buildings as they may deem proper. They shall not, however, make any purchase or enter into any contract whereby obligations are assumed in excess of the amount of funds on hand or available through the levy of taxes or the is- suance of bonds for the current year. [S. L. 1905, Ch. 67, Sec. 21.] Employment of Faculty. Sec. 2072. After suitable buildings are secured as herein above provided for the carrying on of said high school, the trustees shall employ some suitable person to take charge of said school, who shall be known as principal of said school, and who shall possess such qualifications as may be prescribed by said board of trustees, except that said principal shall be SCHOOL LAWS OF WYOMING 79 required to possess at least five years' experience in teaching, and the trustees shall furnish such assistant teachers as they may deem necessary, and shall designate the salaries which shall be paid such principal and assistant teachers. [S. L. 1905, Ch. 67- Sec. 22.] Government. Sec. 2073. The principal of any such high school, with the approval of the board of trustees, shall make such rules and regulations as may be deemed proper in regard to study, conduct and government of the pupils under his charge; and if any such pupil shall not conform to or obey the rules of the school, they may be suspended or expelled therefrom by the board of trustees. [S. L. 1905, Ch. 67, Sec. 23.] Courses of Study. Sec. 2074. There shall be provided such courses of study as will prepare and fit a student attending such high school for admission to the university of this state, and such courses of study must be sufficient for such purposes. [S. L. 1905, Ch. 67, Sec. 24.] Tuition Admission. Sec. 2075. Tuition shall be free to all pupils who are bona fide residents of said high school district. The board of trustees shall make such general rules and regulations as they deem proper in regard to age and grade of attainments es- sential to entitle pupils to admission to said school; Provided, That no person shall be admitted to such high school who shall not have passed a satisfactory examination, or who does not hold an eighth grade common school certificate. If there shall be more applicants than can be accommodated at any one time, each district shall be entitled to send its proportionate number of pupils according to the number of pupils it may have as shown by the last report of the county superintendent of schools, and the boards of the respective school districts shall designate such pupils as shall attend subject to the proviso above stated. [S. L. 1905, Ch. 67, Sec. 25.] Admission of Pupils from Other Districts. Sec. 2076. If at any time the school can accommodate more pupils than apply for admission from the district, the vacancies may be filled by applicants from other counties or school districts, upon the payment of such tuition as the board of trustees may prescribe, but at no time shall such pupils re- main in said school to the exclusion of pupils residing in the district. [S. L. 1905, Ch. 67, Sec. 26.] 80 SCHOOL LAWS OF WYOMING Mileage of Trustees No Compensation Reports. Sec. 2077. The trustees of said high school district who do not reside at the place where said high school is established are entitled to mileage in attending the meetings of the board. The trustees of said high school shall serve without compensa- tion, and the board shall make such reports from time to time as the county superintendent of schools or the state superin- tendent of public instruction may require. [S. L. 1905, Ch. 67, Sec. 27.] Certificates of Graduation Admission to State University. Sec. 2078. Upon the presentation of a certificate of gradu- ation from any such high school within one year of the date of same, to any state institution of learning, the person pre- senting the same may be admitted without further examina- tion to said institution of learning. [S. L. 1905, Ch. 67, Sec. 28.] No Tuition to Bona Fide Residents. Sec. 2079. Such high school shall be free to all persons of school age, possessing the qualifications, who are bona fide residents of said high school district. [S. L. 1905, Ch. 67, Sec. 29.] Districts How Annexed. Sec. 2080. Whenever any "high school district" shall have been created in any county under the provisions of this chapter, and any school district in the county wherein said "high school district" is located shall not, at the time of the election on the establishment of such "high school district," cast a majority vote in favor of such proposition, such school district may at any time thereafter become a part of such "high school district" in the manner hereinafter provided. [S. L. 1907, Ch. 58, Sec. L] Petition for Annexation. Sec. 2081. Whenever ten freeholders in any such school district mentioned in Section 2080 hereof, not incorporated within such high school district as mentioned in Section 2080 hereof, shall petition the board of county commissioners of the county wherein said 'school district is located to make such school district a part of such "high school district" as men- tioned in Section 2080 hereof, describing the lands embraced in said school district by townships and ranges, or fractions of townships, the said board shall, at their first meeting there- after, give twenty days' notice by publication in the official paper of said county that the question whether such territory shall be incorporated within said "high school district" will SCHOOL LAWS OF WYOMING 81 be submitted to the electors of such school district at a desig- nated time, which shall not exceed thirty days from the expira- tion of said twenty days' notice. In addition to said notice the trustees in said school district thus intended to be incorporated into the said "high school district" shall be notified imme- diately after the first publication of said notice by such board of county commissioners of the holding of such election, and it shall be the duty of said school trustees to post a copy of said published notice on the front door of each school house in said school district. [S. L. 1907, 'Ch. 58, Sec. 2.] Submission of Question. Sec. 2082. Such election shall be conducted in all respects as near as may be, as provided in Sections 2054, 2055, 2056, 2057, and 2058, and the duties and acts to be performed shall be performed in the same manner, and by the same persons as therein specified. [S. L. 1907, Ch. 58, Sec. 3.] Returns Commissioners' Action. Sec. 2083. When the returns of such election shall have been received by the county clerk, of said county, the board of county commissioners shall proceed without delay to can- vass the same, determine and declare the result of such elec- tion, and enter the same upon their minutes, and if a majority vote of such school district has been cast in favor of incorporat- ing such school district within said "high school district," then such school district shall at once become a part of and be incorporated within such "high school district" with the same force and effect and to all intents and purposes as though originally embraced therein, and for the purpose of maintain- ing and supporting the said "high school district" and its purposes and objects and to pay the current or other expenses, or pay the bonded indebtedness or the interest thereon, the property of such school district, so incorporated within said "high school district" so incorporated shall after such incor- poration in each year be subject to the same taxation as the property of the other territory embraced within said "high school district" and be subject to all the laws, rules and regu- lations governing such "high school district" as though origi- nally incorporated therein. [S. L. 1907, Ch. 58, Sec. 4.] 82 SCHOOL LAWS OF WYOMING GENERAL ELECTIONS. Vacancy in State Office. Sec. 2087. At each of said general elections there shall also be elected such state officers as may be required to be elected to fill any vacancy occurring by operation of law, or the constitution of this state, including any vacancy or vacan- cies in the office of justice of the supreme court. [S. L. 1890- 91, Ch. 68, Sec. 4.] State Officers. Sec. 2088. At the general election held in the year one thousand eight hundred and ninety-four, and at the general election held every fourth year thereafter, there shall be elected a governor, a secretary of state, an auditor, a treasurer, a super- intendent of public instruction, and such other state officers as are, or may be, created by law, and made elective, whose elec- tion shall occur, or ought to occur at such general election. [S. L. 1890-91, Ch. 68, Sec. 6.] County Officers to Be Elected. Sec. 2091. The following county and precinct officers shall hold their office by election; and there shall be held in the several voting precincts of this state, on the Tuesday next fol- lowing the first Monday in November, in the year of our Lord one thousand eight hundred and ninety-two, and on the Tues- day next following the first Monday in November, in each second year thereafter, a general election at which the follow- ing county and precinct officers shall be elected : The clerk. The commissioners. The surveyors. The sheriff. The county treasurer. The county and prosecuting attorney. The superintendent of schools. The assessor. The coroner. The justices of the peace. The constables. The clerk of the district court for each county, whenever his term of office shall expire before the next general election, or whenever a vacancy therein is to be filled, and such other county and precinct officers which may be created and made elective by law. In counties having an assessed valuation not SCHOOL LAWS OF WYOMING 83 exceeding five million dollars, the county clerk shall be ex- officio clerk of the district court, and shall perform all the duties pertaining to the office of clerk of the district court, but shall receive no additional or separate compensation there- for. [S. L. 1890-91, Ch. 100, Sec. 3.] Relating to General Elections Who May Vote, Sec. 2092. Except as hereinafter provided every person shall be qualified and entitled to vote who is a citizen of the United States and over the age of twenty-one years and who has been a bona fide resident of Wyoming for one year and of the county wherein his residence is located sixty days next preceding the election at which he votes and of the election district he seeks to vote for a period of ten days next pre- ceding election and who shall be able to read the constitution of this state and who has complied with the provisions of law concerning registration: Provided, however, That any person prevented by physical disability from being able to read the constitution of this state shall not for this reason while labor- ing under such disability be deprived of his right to vote ; Pro- vided, further, That where any qualified elector who has reg- istered in any other precinct in such city or town before the date of election, such voter shall be entitled to vote in the pre- cinct where registered ; Provided, further, That any person who is a citizen of the United States and who was a qualified elector on the tenth day of July in the year 1890 and who has since then continued to be a resident in this state and who has complied with the provisions of law concerning registra- tion shall continue to be an elector of this state; and, Pro- vided, moreover, That any person who is serving in the army of the United States or is an officer or soldier and who is resid- ing on any military reservation in this state shall not be en- titled to vote at any election held in this state unless such person has acquired the rights of citizenship by residence therein for a period of not less than one year while serving in the army of the United States as such officer or soldier. [S. L. 1911, Ch. 60, Sec. 1.] Special County Elections Shall Be Ordered by County Com- missioners. Sec. 2110. All special elections for county and precinct officers shall be ordered by the county commissioners, which order shall be countersigned by the clerk of the board of county commissioners. [S. L. 1890, Ch. 80, Sec. 53.] Vacancy in Office Who Determines Fact Of. Sec. 2112. Whenever it is alleged that a vacancy in any office exists, the officer, court or county board, whose duty it 84 SCHOOL LAWS OF WYOMING is to fill the vacancy, by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist. [S. L. 1890, Ch. 80, Sec. 47; R. S. 1899, Sec. 217.] Sec. 2113. Who May Vote at Special Elections. All per- sons who have registered either during the registration period immediately preceding a special election, or a municipal elec- tion, or who have registered less than two years before such election, during a regular registration period for county elec- tions, or during any special or municipal registration period, subsequent to such regular county election, shall be entitled to vote at such special election, or municipal election as the case may be, in the precinct in which they registered. The provisions of law governing registration and elections shall apply to all special elections and municipal elections. [L. 1895, Ch. 77, Sec. 1 ; R, S. 1899, Sec. 218.] GENERAL PROVISIONS. Qualifications of Office Holders. Sec. 2273. No person shall be eligible to any office who, at the time he is chosen and during his encumbency therein, is not a qualified elector and an actual resident of the district, countv, town, ward or precinct, as the case may be, in which >he holds such office. [S. L. 1890, Ch. 80, Sec. 6.f Woman Suffrage. Sec. 2274. When they possess the other qualifications of an elector, the rights of women to the elective franchise and to hold office shall be the same as those of men. [S. L. 1890, Ch. 80, Sec. 7.] Persons Disqualified from Voting or Holding Office. Sec. 2275. The following persons shall not vote or hold office: One who is under guardianship. One who is non compos mentis. One who has been within Wyoming convicted of any fel- ony, unless restored to civil rights by pardon. One who has made or become, either directly or indirectly, interested in any bet or wager depending upon the result of the election at which he or she shall offer to vote. [S. L. 1890, Ch. 80, Sec. 8.] SCHOOL LAWS OF WYOMING 85 Resignation of Elective Offices. Sec. 2276. Resignation of elective offices shall be made to the officer, court or county board authorized by law to fill a vacancy in such office by appointment or to order an election, to fill such vacancy. [S. L. 1890, Ch. 80, Sec. 43.] Vacancies in Elective Offices How Made. Sec. 2277. Every elective office shall become vacant on the happening of either of the following events to the incum- bent before the end of his term of office: 1. His death. 2. His resignation. 3. His becoming insane or non compos mentis. 4. His ceasing to be an inhabitant of the state, or if the office is local, his ceasing to be an inhabitant of the district, town, ward or precinct for which he was elected. 5. His conviction of an infamous crime or of any offense involving a violation of official oath. 6. His removal from office. 7. His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond within the time prescribed by law. 8. The decision of a competent tribunal declaring his election void. [S. L. 1890, Ch. 80, Sec. 45.] TAXATION AND REVENUE. Purposes for Which Taxes Levied Limitations Upon Amount. Sec. 2320. There shall be levied and assessed upon the taxable real and personal property within this state in each year, the following taxes: First For state revenue, four mills on the dollar when no rate is directed by the state board of equalization before the date in each year when the tax ought to be levied and assessed, but in no case shall the tax for state revenue pur- poses exceed said four mills on the dollar ; -except for the sup- port of state educational and charitable institutions, the pay- ment of the state debt and the interest thereon. Second The county commissioners shall annually levy a tax for the support of the common schools in their county, not to exceed three mills on the dollar. For county revenue for all purposes there shall be levied annually a tax, but the aggre- 86 SCHOOL LAWS OF WYOMING gate tax for county revenue, including general school tax, shall not exceed twelve mills on the dollar, exclusive of state revenue, except for the payment of its public debt and the in- terest thereon. An additional tax of two dollars for each per- son between the ages of twenty-one years and fifty years, inclusive, shall be annually levied for county school purposes; Provided, always, That the board of county commissioners in each and every county of this state shall not expend in any one year, from out of the revenue so raised, for the support of the poor and lunatic purposes, a sum amounting to more than two mills on the dollar for each and every dollar of the assessed valuation of the property within their county for the then cur- rent year; for road purposes, a sum not amounting to more than three mills on the . dollar of each and every dollar of assessed valuation of the property within their county for the then current year. [S. L. 1895, Ch. 102.] Property Exempt from Taxation. Sec. 2321. The following described property is hereby exempted from taxation: First The property of the United States and of "this state, the property of any county, township, incorporated cities, towns and school districts ; public libraries, lots with buildings thereon used exclusively for religious wor- ship; church parsonages; public grounds by whomsoever do- nated to the public, including all places for the burial of the dead. Second Fire engines and all implements used for ex- tinguishing fires, with the grounds used exclusively for the buildings of a fire company or companies. Third Household and kitchen furniture, beds and bedding, wearing apparel of every person, and the food provided for each family, not to exceed in all the value of one hundred dollars. Fourth The polls of all persons who have arrived at the age of fifty years. Fifth The property engaged and used in the manufacture of beet sugar or any of the products of sugar beets, in the state of Wyoming, shall be exempt from taxation annually during the actual use of such property for such purpose, for a period of ten years. No factory thus engaged shall be entitled to such exemption unless at least seventy-five per centum of the sugar beets consumed therein during each year shall have been grown in Wyoming; Provided, Sufficient supply can be ob- tained in this state. [S. L. 1895, Ch. 52; S. L. 1897, Ch. 50.] Property Exempt from Taxation. Sec. 2322. That lands, with the buildings thereon, used for schools, orphan asylums or hospitals, and for lodge rooms for the meetings of all secret, benevolent and charitable so- cieties or associations shall be exempted from taxation so long SCHOOL LAWS OF WYOMING 87 as said lands and buildings are not used for private profit. [S. L. 1901, Ch. 5.] Note. See also Chapters 34 and 52, pages 117 and 121. Bonds Exempt from Taxation. Sec. 2323. Coupon or registered interest bearing bonds of the state of Wyoming, or any county, school district, or mu- nicipality of the state of Wyoming shall be exempt from taxa- tion when owned by actual residents of the state, provided, that the owner or owners of such securities shall list the same annually on their assessment schedule, describing such bonds and the amount thereof, and shall mark opposite thereto, on such schedule, "exempt," [S. L. 1905, Ch. 17.] What Property Subject to Taxation. Sec. 2324. All other property, real and personal, within this state is subject to taxation in the manner herein directed, and this section is intended to embrace lands and lots in towns, including lands bought from the United States, whether bought on a credit or otherwise; buildings or improvements erected upon lands, the title to which still remains in the United States, or in any incorporated company, and all lands entered by pre-emption, final or commuted homestead, or as desert land, or at private or public sale, or under any act of congress, when final receipt therefor has been issued, shall be subject to taxation whether patent for the same has been issued or not, and when such final proof shall have been made before the 1st day of April in any year, the land so entered shall be subject to taxation for that year. It shall be the duty of the county commissioners of each county to obtain from the officers of the United States land district in which the county may be situated, an accurate transcript and plat of all entries and sales of public land which may or should be subject to taxation under the laws of the United States, or of this state, described by land numbers in their respective counties. Such transcripts shall be filed and preserved in their office, and they shall have the same corrected each year by obtaining as aforesaid, addi- tional or supplementary transcripts. On the first Monday in April of each year, they shall cause to be furnished. to the county assessor of the county, a true and correct plat or plats, corrected as aforesaid of all lands hereinbefore described, sit- uate in the county, and they are hereby authorized and re- quired to make any appropriation necessary to secure the execution of the work provided for in this section. Ferries, franchises and toll-bridges, all of which, for the purpose of this chapter, shall be considered real property. Horses and neat cattle, mules and asses, sheep, swine, goats, and all dogs 88 SCHOOL LAWS OF WYOMING and other animals; money in bank bills, coin or gold dust, whether in possession or on deposit ; property, money or labor, due from solvent debtors on contract, or on judgment, and whether within this state or not; mortgages and other like securities, stock or shares in any bank or company, incorpor- ated or otherwise and whether incorporated by this or any other state, and whether situated in this state or not ; public stocks or loans, household furniture not otherwise exempt, in- cluding gold and silver plate, musical instruments, watches and jewelry, pleasure carriages, stages, hacks, omnibuses and other vehicles for transporting passengers, wagons, carts, drays, sleds, and every other description of vehicle or carriage, all real and personal property within this state of every kind and description not heretofore enumerated, belonging to or claimed by any incorporated company, whether incorporated in this state or not, annuities but not including pensions from the United States, or any state, nor salaries, nor p'ayment for services expected to be rendered and all other property not above exempted, although not herein specified. [S. L. 1890-91, Ch. 36, Sec. 2.] Time of Making County Levy Form of Tax List. Sec. 2343. On the first Monday of September, of each year, the board of county commissioners shall, by an order to be entered of record among their proceedings, levy the requisite taxes for the year, and the same may be levied at any time prior to the first Monday of September, if the statement and notice required by Section 2340 has been received from the auditor. Immediately after the taxes have been levied the county assesor shall compute the taxes from the credit valuations as corrected by the board of equalization, and as entered by him in the column of corrected valuations in the combined assessment roll and tax list ; Provided, That all taxes for state purposes may be computed as a whole and en- tered in one column. The state examiner is hereby authorized and directed to prescribe the form of such combined assess- ment roll and tax list, which shall be uniform as to general requirements in all counties of the state. [R. S. 1887, Sec. 3806 ; R. S. 1899, Sec. 1781 ; S. L. 1901, Ch. 10, Sec. 1 ; S. L. 1909, Ch. 121, Sec. 1.] Tax for School Purposes. Sec. 2401. The county commissioners shall, at the time of levying tax for county purposes, cause to be levied a tax lor the support of schools within the county, as provided by law, which shall .be collected by the county collector, at the same time, and in the same manner as state and county taxes are collected, with the exception that it shall be receivable in SCHOOL LAWS OF WYOMING 89 cash or warrants of the school district. The county treasurer shall, at all times, hold subject to the draft of the proper offi- cers, all moneys belonging to teachers' or school house fund. [R. S. 1887, Sec. 3964.] Assessments When Made. Sec. 2402. Whenever a sum of money has been voted by a school district, as by law provided, the clerk shall, under the supervision of the directors, make out and certify over his official signature, the amount of money voted in his district, and on or before the fourth Monday in May of each year cause the same to be filed in the office of the clerk of the board of county commissioners; the clerk shall also at the same time notify the district assesor of the assessment district in which said school district is situated, in writing, of the action of the district. Said district assessor shall at the time of making the annual assessment of his district also assess the property of each school district, from which he has received notification as aforesaid, and return to the supervising assessor at the time of returning the assessment schedules, separate schedules list- ing the property of each school district by him assessed. Said separate schedule shall be by the supervising assessor, com- piled, footed and returned to the board of county commission- ers as hereinbefore provided for other assessment schedules. [S. L. 1903, Ch. 79, Sec. 13.] Equalization of Assessment and Levy of Taxes. Sec. 2403. The board of county commissioners of each county shall have the power and it is made their duty to equalize the assessment and valuation of the taxable property of all the several school districts in the county which is assess- able by the county assessor, and shall also have power to add to such assessment any taxable property in such school district not included in the assessments as returned by the assessor, and which it was his duty to assess in the same manner as is or hereafter may be provided by law for county and state pur- poses, and it shall be the duty of the board of county com- missioners when making the annual levy for taxes, to levy upon the taxable property of each school district a tax suffi- cient to raise the amount of money voted in the district for the year, which levy shall also be made upon the assessed valua- tion of railroad and telegraph property in such school dis- trict as assessed by the state board of equalization. And the county clerk in making out the annual tax list shall carry out in a separate column the amount of the district school tax in the same manner as other taxes. [R. S. 1887, Sec. 3966.] 90 SCHOOL LAWS OF WYOMING Manner of collecting- Taxes. Sec. 2404. The taxes and assessments of all school dis- tricts for all purposes, except as otherwise specially provided by law shall be collected like county taxes and all delinquent taxes shall be returned by the collector in the same manner as other delinquent taxes are required by law to be returned. [R. S. 1887, Sec. 3967.] To Whom School Moneys Paid. Sec. 2405. The amount of tax collected by the county collector shall be paid over to the county treasurer like other taxes, and shall be held by said county treasurer subject to the draft of the county superintendent, and shall be paid over accordingly; Provided, That the money collected on the dis- trict tax rolls shall be paid by the collector directly to the treasurer of the proper district, and his receipt taken therefor. [R. S. 1887, Sec. 3968.] POLL TAXES. (See Chap. 33, page 114.) Land Income Funds Available When. Sec. 2485. On the 15th day of January, eighteen hundred and ninety-nine, and on the 15th day of January of each second year thereafter, any and all moneys which shall be in either of the following land income funds shall become available, and may be used for the following purposes, respectively : First The ' ' deaf, dumb and blind land income fund, ' ' for the support, maintenance and education of all such deaf, dumb and blind persons as are or may hereafter become charges upon the state. Second The ' * insane anyslum land income fund, ' ' for the support and maintenance of the state insane asylum and the inmates thereof. Third The "fish hatchery land income fund," for the support and maintenance of the state fish hatchery in Albany county. Fund Appropriated. Sec. 1 The sum of sixteen thousand seven hundred thirty-five dollars and ninety-five cents now to the credit of the penitentiary in Albany County Land Income Fund, to- gether with any further amounts which may accrue thereto, is hereby appropriated for the payment of expenses heretofore or hereafter accruing for the support and maintenance of the state penitentiary located in Carbon county, and the care and subsistence of the convicts therein. SCHOOL LAWS OF WYOMING 91 Repeal, Sec. 2. The fourth sub-division of Section 2485 of the Wyoming Compiled Statutes of 1910, relating to the fund named in Section 1 of this act is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Approved February 22, 1913. Fifth The ''university land income fund," for the sup- port and maintenance of the state university at Laramie, the same to be paid by the state treasurer to the treasurer of the board of trustees of the state university upon the warrant of the state auditor to be issued upon request of said board of trustees. Sixth The "state charitable, educational, penal and re- formatory institutions land income fund," for the custody, support and maintenance of state convicts and persons con- fined at the expense of the state in reformatory institutions within or without the state. Seventh The "penal, reformatory or educational insti- tution in Carbon county land income fund," for and toward the completion, furnishing and maintenance of the peniten- tiary at Rawlins, in Carbon county. Eighth The "miners' hospital land income fund," for the support and maintenance of the Wyoming general hospital, at Rock Springs. Ninth The "public building at the capital land income fund," for the care, repair, maintenance and furnishing of the capitol building. Tenth The "poor farm in Fremont county land income fund," for the care, repair, maintenance and improvement of the poor farm in Fremont county. On the fifteenth day of January, nineteen hundred and one, and on the 15th day of January of each second year there- after, it shall be the duty of the state treasurer to make a report to the governor and to the senate and house of repre- sentatives, showing the amount of money in each of said land income funds on that date. [S. L. 1897, Ch. 30.] 92 SCHOOL LAWS OF WYOMING TAXATION AND REVENUE. (Continued.) Chapter 106, Session Laws of 1911. City or Town. Sec. 1. That it shall be unlawful for any city or town council, or other officer or officers authorized or whose duty it shall be under the laws of the state, to direct, fix or make any tax levy for city or town purposes on the assessed valuation of all taxable property within the corporate limits of their re- spective cities or towns, to hereafter direct, fix or make any such tax levy which will produce a sum of money increasing by more than two per cent the total produced within their respective jurisdictions by the tax levied for town or city pur- poses for the preceding year. Provided, however, That if, in any city or town, it shall be found to be unnecessary in any year to raise any revenue for city or town purposes by direct taxation, no levy shall be made for such purposes, and in that case the limitation in this section provided shall thereafter relate back to the last preceding year in which a levy was made ; and provided, further, that the qualified electors of any city or town may, by direct vote at any general or special elec- tion held as provided by law in such city or town authorize for one year a further increase in the levy above the two per cent increase specified in this section, but hereafter the addi- tional sums raised by such specially authorized levy shall not be taken into account in computing the authorized two per cent annual increase in the levy. County Commissioners Limit. Sec. 2. The power of the board of county commissioners of each of the several counties to fix rates of levy annually by means of which to create a fund out of which to meet and de- fray the current expenses of the county is hereby limited as follows : Assessed Valuation Limit. Sec. 3. In any county which has an assessed valuation for the current tax year of four millions of dollars or less, the levy shall not exceed seven mills on the dollar of such valua- tion; and in any county which has an assessed valuation for the current tax year of five millions of dollars and not less than four millions of dollars the levy shall not exceed six and one- half mills on the dollar of such valuation. Method of Estimating. Sec. 4. In any county which has an assessed valuation for the current tax year of more than five million dollars and not in excess of twenty million dollars, the maximum levy shall SCHOOL LAWS OF WYOMING 93 be determined by reducing the levy of six and one-half mills allowed upon a valuation of five million dollars one-tenth of one mill for each one million dollars in excess of five million dollars, and any rate of levy so determined shall be the maxi- mum rate of levy for all assessed valuations which are frac- tions of the next higher one million dollars of valuation. The Same. Sec. 5. In any county which has an assessed valuation for the current tax year of more than twenty million dollars, the maximum levy shall be determined by reducing the levy of four and one-half mills allowed upon a valuation of twenty million dollars one one-hundredth of one mill for each one million dollars in excess of twenty million dollars, and any rate of levy so determined shall be the maximum rate of levy for all assessed valuations which are fractions of the next higher one million dollars of valuation. Detail Illustration. Sec. 6. The limitations of the county current expense tax levies as prescribed and fixed in sections three, four, five and six of this act are illustrated in detail, as follows: The maximum levy for valuation less than $6,000,000 shall be 6.5 mills. The maximum levy for valuations of $6,000,000 and less than $7,000,000 shall be 6.4 mills. The maximum levy for valuations of $7,000.000 and less than $8,000,000 shall be 6.3 mills. The maximum levy for valuations of $8,000,000 and less than $9,000,000 shall be 6.2 mills. The maximum levy for valuations of $9,000,000 and less than $10,000,000 shall be 6.1 mills. The maximum levy for valuations of $10,000,000 and less than $11,000,000 shall be 6 mills. The maximum levy for valuations of $11,000,000 and less than $12,000,000 shall be 5.9 mills. The maximum levy for valuations of $12,000,000 and less than $13,000,000 shall be 5.8 mills. The maximus levy for valuations of $13,000,000 and less than $14,000,000 shall be 5.7 mills. The maximus levy for valuations of $14,000,000 and less than $15,000,000 shall be 5.6 mills. The maximum levy for valuations of $15,000,000 and less than $16,000,000 shall be 5.5 mills. 94 SCHOOL LAWS OF WYOMING The maximum levy for valuations of $16,000,000 and less than $17,000,000 shall be 5.4 mills. The maximum levy for valuations of $17,000,000 and less than $18,000,000 shall be 5.3 mills. The maximum levy for valuations of $18,000,000 and less than $19,000,000 shall be 5.2 mills. The maximum levy for valuations of $19,000,000 and less than $20,000,000 shall be 5.1 mills. The maximum levy for valuations of $20,000,000 and less than $21,000,000 shall be 4.50 mills. The maximum levy for valuations of $21,000,000 and less than $22,000,000 shall be 4.49 mills. The maximum levy for valuations of $22,000,000 and less than $23,000,000 shall be 4.48 mills. The maximum levy for valuations of $23,000,000 and less than $24,000,000 shall be 4.47 mills. The maximum levy for valuations of $24,000,000 and less than $25,000,000 shall be 4.46 mills. The maximum levy for valuations of $25,000,000 and less than $26,000,000 shall be 4.45 mills. The maximum levy for valuations of $26,000,000 and less than $27,000,000 shall be 4.44 mills. The maximum levy for valuations of $27,000,000 and less than $28,000,000 shall be 4.43 mills. The maximum levy for valuations of $28,000,000 and less than $29,000,000 shall be 4.42 mills. The maximum levy for valuations of $29,000,000 and less than $30,000,000 shall be 4.41 mills. The maximum levy for valuations of $30,000,000 and less than $31,000,000 shall be 4.40 mills. The maximum levy for valuations of $31,000,000 and less than $32,000,000 shall be 4.39 mills. The maximum levy for valuations of $32,000,000 and less than $33,000,000 shall be 4.38 mills. The maximum levy for valuations of $33,000,000 and less than $34,000,000 shall be 4.37 mills. The maximum levy for valuations of $34,000,000 and less than $35,000,000 shall be 4.36 mills. The maximum levy for valuations of $35,000,000 and less than 36,000,000 shall be 4.35 mills. Provided, That if in any county it shall be shown by the board of county commissioners of such county that the levy SCHOOL LAWS. OF WYOMING 95 authorized by this act would not be sufficient to pay the cur- rent expenses of such county, or to liquidate its floating indebt- edness, the board of county commissioners of such county may apply to the state board of equalization for authority to make a larger levy for the current year and such board of equaliza- tion shall give such authority. This proviso shall apply to the years 1911, 1912 and 1913 only. Provided, always, That the board of county commissioners in each and every county of this state shall not expend in any one year, out of the revenue raised for county current expenses, a sum amounting to more than one-fifth of such revenue for the support of the poor and lunatic asylums, and shall not expend for road and bridge purposes in any one year a sum amounting to more than one- half of the revenue raised for said county current expenses; and provided, further, that the qualified electors of any county may, by direct vote at any general or special election held as provided by law in such county, authorize for one year an increase, not exceeding two mills on the dollar valuation, in the levy for county current expenses, over and above the maxi- mum levy for such purpose in this act provided, and if so authorized then the county board may make such increased levy for the year voted upon, and thereafter the limitation of this act shall apply unless an increased levy for a particular year shall be voted at another election in like manner. County Library Tax Limit as Amended by S. L. 1915. Sec. 8 The authority of the board of county commission- ers of each county to levy annually a county library tax, is hereby limited so that the board shall not levy in excess of one-half of one mill on the dollar upon all taxable property in the county. School District Limit. Sec. 9. The authority of the qualified electors of any school district at the annual meeting, to vote a tax for school purposes, is hereby limited to the extent that no tax shall be voted for such purposes which shall be in excess of three and one-half mills upon the dollar of all the taxable property of any such school district. Provided, That in no event shall any school district levy any greater tax than is reasonably neces- sary for the ensuing school year; and provider, further, that the question of an increased levy above the limitation herein- before specified may be submitted by the district board of any school district to the electors of the district at the annual meeting or election, and if so submitted due notice thereof shall be given for at least thirty days in advance of such election 96 SCHOOL LAWS OF WYOMING or meeting by posting written or printed notices upon the front door of each and every school house m the district, in at least three additional public places in the district, and said notice shall state the proposed increase in the levy, which increase shall not in any case amount to more than five mills on the dollar valuation of all the taxable property of the dis- trict, making the aggregate levy not to exceed eight and one- half mills. If fifty-one per cent of the votes cast at such elec- tion or meeting shall be in favor of the increased levy, as named in said election notice, then the officers charged with levying taxes may make such increased levy for the year voted upon, and thereafter, the limitation of this act shall apply, unless an increased levy for a particular year shall be voted at another election in like manner; and in all cases where -an increased levy is voted the school district clerk shall forward to the county clerk and the county superintendent, with his certificate of the school district levy, his affidavit showing that all of the notices herein required to be posted were in fact duly posted at least thirty days in advance of the election, and shall also forward a report showing the number of votes cast for and against the proposition for an increased levy. Bonded Debt. Sec. 10. This act shall in no way limit the amount of any levy necessary to be made for the purpose of paying any bonded debt, judgment or the interest thereon, against any county, city, town or school district. Excess Levy Unlawful Duty of Assessor. Sec. 11. Any levy which may be certified to the county clerk in excess of the limitations fixed by this act shall be un- lawful, and in any such case, it shall be unlawful for the county clerk or county assessor of any county within the state to enter upon the tax roll of the county any such excessive levy ; and in case of any such excess in any levy it is hereby made the duty of the county assesor to reduce such levy and to extend upon the tax roll only such part thereof as will comply with the provisions of this act. Misdemeanor. Sec. 12. Any member of any board, or any other officer who shall violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars or more than five hundred dollars and shall also be subject to removal from office by a civil action prosecuted by any tax payer. SCHOOL LAWS OF WYOMING 97 Repeal. Sec. 13. Sections 2341 and 2342 of the Wyoming Com- piled Statutes of 1910 and all acts or parts of acts in conflict with this act are hereby repealed. Sec. 14. This act shall take effect and be in force from and after its passage. Approved March 2nd, 1911. DEPOSIT OF PUBLIC MONEY. Officers Deposit Monthly. Sec. 2486. Every state officer, employee, department, or commission receiving money, for or on behalf of the state, from any source, shall on or before the first Monday of each month pay to the state treasurer all such money, received dur- ing the preceding month, and on the same date shall file a detailed verified statement of such receipts with the state audi- tor and a true copy thereof with the state examiner. [S. L. 1907, Ch. 30, Sec. 1.] State Board of Deposits. Sec. 2487. There is hereby created a board of deposits consisting of the governor, state treasurer and secretary of state, and said officers are hereby required to perform tht duties herein prescribed, as members of said board of deposits, without any extra or additional compensation. The governor of the state shall be chairman of said board, and the state treasurer, secretary thereof. The records of said board kept by said secretary, or a duly certified copy thereof, shall be prima facie evidence of the matter appearing therein in any court in the United States. It shall be the duty of said board of deposits to meet on the first Monday of April of each year, or at any other time, upon the call of the chairman, and desig- nate such banks within this state, as it may, under the pro- visions of this chapter, deem eligible to be made state deposi- tories for the purpose of receiving on deposit funds of this state. [S. L. 1907, Ch. 30, Sec. 2.] Designation of Depositories. Sec. 2488. All banks, applying to be made state deposi- tories under the provisions of this chapter, shall, on or before the first Monday in April of each year, file their application, in writing, with -the secretary of the said board of deposits, said application to be accompanied by a sworn statement of the 98 SCHOOL LAWS OF WYOMING financial condition of said bank at the time the application is made. The board of deposits at its meeting shall pass upon all applications made in compliance with this chapter, and shall, over the signatures of the members of said board, or a majority thereof, endorse on said application their approval or rejection. Any and all banks whose applications may be en- dorsed with the approval of the board as aforesaid, shall be deemed eligible to be made state depositories under the provi- sions of this chapter. [S. L. 1907, Ch. 30, Sec. 3.] Deposits by Treasurer. Sec. 2489. The state treasurer may deposit any portion of the public moneys in his possession in such national banks within this state, or in any state banks incorporated under the laws of and doing business in this state, as shall have been approved under the provisions of this chapter by the board of deposits as herein provided; but the said treasurer shall not have on deposit in any bank of public funds more than one-half of its paid in and unimpaired capital stock and sur- plus at any one time. [S. L. 1907, Ch. 30, Sec. 4.] Interest and Security. Sec. 2490. For the security of funds so deposited under the provisions of this chapter, the state treasurer shall require all such depositories to deposit securities of the kind and char- acter hereinafter described, or to give bonds in some respon- sible surety company authorized to do business in this state, extend upon the tax role only such portion thereof as will for the payment of such deposits and interest thereon. Said bonds, when given, shall run to the state of Wyoming, and, together with the securities offered, shall be approved by the said board of deposits. Said bonds shall be conditioned, that the depositories shall on or before the tenth day of each month render to the state treasurer, and state auditor, a statement in duplicate, showing the daily balance of state funds, and the amount of money of the state held by it during the month preceding, and the amount of the interest accrued thereon, and for the payment of the said deposit and the interest there- on, as herein provided, when demanded by the state treasurer, or his authorized deputy on his check, order or demand at any time, and generally to do and perform whatever may be re- quired by the provisions of this chapter, for a faithful discharge of the trust reposed in such depository. Said bonds shall con- tain the further obligation to settle with and pay to the state treasurer, for the use of this state, interest upon daily balances on said deposits, at the rate fixed by said board of deposits, SCHOOL LAWS OF WYOMING 99 payable quarterly, on the first Monday in January, April, July and October in each year, or at any time when the account may be closed. Said bonds shall be in substance as follows: Know All Men by These Present: That we, , as principal, and ,as surety, are held and firmly bound unto the State of Wyoming in the just and full sum of dollars, for the payment of which, well and truly to be made, we bind ourselves, and our successors and assigns, jointly and severally by these presents. Dated this day of , A. D. The condition of the foregoing is such that, Whereas, the said bank, in consideration of the deposit of certain moneys of the State of Wyoming for safe keeping in bank of , the amount whereof shall be subject to with- drawal or diminution by the state treasurer of said state as the requirements of the said state shall demand, and which amount may be increased or decreased as the said treasurer may determine, and, Whereas, The said bank, in consideration of said deposits, and for the privilege of keeping the same, has agreed to pay and will pay to the State of Wyoming inter- est on account of said deposit at the rate fixed by the board of deposits of the said state, to-wit: Interest at the rate of per centum per annum, the same to be paid quarterly on the first days of January, April, July and October in each year upon the daily average balance of the deposit of state funds in the said bank, for the quarter or any fraction thereof next preceding the payment of said per centum, which shall be computed and credited to the account of the state, and shall become a part thereof. Now, Therefore, If the said bank of shall on or before the tenth day of each month render to the state treasurer and state auditor of said state a statement in duplicate, showing the daily balance of the state moneys held by it during the month next preceding, and the interest there- on, subject at all times to the check, order or demand of the state treasurer, or his authorized deputy, as aforesaid, and shall pay over the same, and any part thereof, upon the check, order or demand of the state treasurer, or his authorized deputy, and shall calculate, credit and pay said interest as aforesaid, in the amount and manner aforesaid, and shall in all respects save and keep the state of Wyoming and the state treasurer, or his successor in office, safe and harmless for and by reason of the making of said deposit, or deposits, then this obligation shall be void and of no effect, otherwise to be and to remain in full force and virtue. 100 SCHOOL LAWS OF WYOMING It being the further condition of the above, however, that said surety shall have the right to terminate its obligation here- under upon giving notice in writing to the governor and state treasurer of said state of its election so to do, and such term- ination shall take effect at the expiration of thirty days from receipt of said notice by said governor and state treasurer. Witness our hands and seals, the day and year first above written. (Seal) (Seal) In addition to the other limitations herein provided, the said treasurer shall not have on deposit in any bank, at any time, more than ninety per cent of the amount of the bond given by said bank, and the bonds shall be deposited with and held by the state treasurer. [S. L. 1907, Ch. 30, Sec. 5.] Collateral Security. Sec. 2491. Any such depository may, instead of such bond in an approved surety company, furnish, as security for such deposit, or deposits, United States government bonds, or state bonds of this state, county, city or school district bonds or warrants issued by virtue of the laws of this state, worth not less than their par value, and in an amount equal, at least, to the maximum amount of money at any time to be deposited with such bank ; Provided, however, That for temporary depos- its in excess of the amount for which such bank may bond as provided by this chapter, such depository or bank may deposit local securities having an appraised value of at least twenty- five per cent more than the amount of such temporary depos- its ; the said securities to be approved by said board of deposits and to be accompanied by a written assignment vesting the legal title thereto in the state of Wyoming, as collateral secur- ity, that such depository, so depositing and assigning said securities, shall and will safely keep and pay over to the state treasurer, or his authorized deputy, on his check, order or demand, all money which may come into the possession of such depository, under and by virtue of the provisions of this chap- ter, together with all interest accruing thereon as herein pro- vided, and providing, that in case of default on the part of such depository, the said state shall have full power and au- thority, to sell, in the manner hereinafter provided, said secur- ities or so much thereof as may be necessary to realize the full amount of the funds of the state so deposited in said depository, together with the interest thereon. The interest on such bonds, so deposited and furnished, shall, when paid, SCHOOL LAWS OF WYOMING 101 be turned over to the bank so depositing the same, as long as it is not in default. [Amended Chapter 94, Session Laws, 1909.] Annual Interest Rate. Sec. 2492. The said board of deposits shall annually, 011 the first Monday in April of each year, or as soon thereafter as possible, taking into consideration all information before it, fix the rate of interest to be paid on the deposits herein pro- vided for, which shall not be less than two per centum per annum, nor more than four per centum per annum, and which said rate shall be and go into effect on the first day of May following, and which rate shall not be changed for a period of one year. [S. L. 1907, Ch. 30, Sec. 7.] Daily Balance Computations. Sec. 2493. The amount to be paid by any and all banks, under the provisions of this chapter, for interest on such public funds on deposit, shall be computed on the average daily bal- ance of public moneys kept on deposit therewith, and shall be paid to the state treasurer quarterly, on the first Monday in January, April, July and October of each year, and said banks shall quarterly, on the first Monday of January, April, July and October of each year, render a statement in duplicate to the state treasurer and state auditor, showing the amount so paid. The state treasurer shall require, and it is hereby made the duty of every such depository to keep accurate accounts of all moneys deposited with it, showing the amount deposited and when deposited, and to render on or before the tenth day of each and every month, to the state treasurer and state audi- tor a statement in duplicate showing the daily balances of the state moneys held by it during the month next preceding, and the interest thereon ; and all sums paid to the state for interest as aforesaid shall be credited by the treasurer to the account of the several funds from which it was derived. [S. L. 1907, Ch. 30, Sec. 8.] Withdrawals. Sec. 2494. Nothing in this chapter shall be held to prevent the state treasurer or his authorized deputy from withdraw- ing any and all of said funds so deposited, for the purpose of paying the appropriations and obligations of the state and paying the same out as lawfully required, nor shall anything in this chapter prevent the state treasurer or his authorized deputy from withdrawing any or all of said funds so deposited, whenever he deems it advisable or to the interests of the state to do so. The state treasurer, and his sureties, shall be respon- 102 SCHOOL LAWS OF WYOMING sible for the faithful performance of the duties of said treas- urer under the law, and for a proper accounting and turning over to his successor of all moneys paid to said treasurer as such ; but he shall not be held personally liable for any moneys that may be lost by reason of the faiulre or insolvency of any bank selected as a depository under the provisions of this chap- ter, nor for the deficiency or loss upon any bond, or securities deposited by any bank, if the said bond or securities so de- posited have been approved by the board of deposits; Pro- vided, however, That if such loss could have been avoided by the exercise of reasonable care and diligence on the part of said treasurer or his deputy, then and in such case the said treasurer shall be liable to the state for such loss ; but nothing in this section contained shall be construed as relieving from any liability any bond given or any collateral deposited under the provisions of this chapter. [S. L. 1907, Ch. 30, Sec. 9.] Funds Not Deposited. Sec. 2495. Whenever any state funds remain on hand which cannot be placed in the banks of this state under the provisions of this chapter, then the state treasurer shall imme- diately notify the chairman of said board of deposits, which said board shall immediately thereupon hold a meeting, and, if possible, secure other banks in the state to hold said funds under the provisions of this chapter. During the time that funds cannot be deposited in the banks entitled thereto under the provisions of this chapter, the state treasurer shall hold said funds in safe keeping, and in that case he and his sureties on his bond shall be responsible for the safe keeping of such money and turning the same over to his successor. [S. L. 1907, Ch. 30, Sec. 10.] Sale of Collateral. Sec. 2496. The state treasurer is hereby authorized and empowered to sell any or all bonds that may be deposited as collateral security for the deposit of any state fund in any depository under this chapter, at a public or private sale, when- ever there shall be a failure or refusal upon the part of any bank, as a state depository, to pay over the funds, or any part thereof, upon the demand or order of the state treasurer, or his authorized deputy, on such bank. Notice of the sale of bonds under this chapter shall be given by publication in a newspaper published at the capital of Wyoming, once each week for five consecutive weeks, and when a sale of bonds is made by the said state treasurer, either at public or private sale under this chapter, and such bonds have been transferred by the chairman and secretary of the said board of deposits, the SCHOOL LAWS OF WYOMING 103 absolute ownership of such bonds shall vest in the purchaser or purchasers, upon the payment of the purchase money to the state treasurer. Should there be any surplus after paying the amount due the state and expenses of sale, it shall be paid to the bank which made the deposit of such securities. [S. L. 1907, Ch. 30, Sec. 11.] Recovery on Bonds. Sec. 2497. It shall be the duty of the attorney general of the state to enter and prosecute, in the name of the state, to final determination, all suits for the recovery of any penalty arising under the conditions of any bond given, or required to be given under the provisions of this chapter to the state of Wyoming. [S. L. 1909, Ch. 30, Sec. 12.] Investment Permanent Funds. Sec. 2498. Nothing in this chapter shall be construed to prevent the proper state authorities from investing as provided by law any of the permanent funds of this state. [S. L. 1907, Ch. 30, Sec. 14.] County, City and School Funds. Sec. 2499. Under this chapter the term "proper govern- ing board" shall be held to mean when applied to the deposit of county funds "the board of county commissioners" of such county ; when applied to the deposit of funds of a city or town, the mayor and council or the mayor and trustees, as the case may be, of such city or town, and when applied to the deposit of school district funds, the board of directors or trustees of such school district. [S. L. 1907, Ch. 30, Sec. 15.] Deposits City, County, Town and School District Treasurers. Sec. 2500. Every county treasurer, city treasurer, town trustees and treasurer of a school district, within the state of Wyoming, shall deposit, and at all times keep on deposit for safe keeping, in banks, incorporated under the laws of this state and in national banks, doing business in his county, when designated as depositories by the proper governing board, the amount of moneys in his hands collected and held by him as such treasurer. Any such bank, located in such county, may apply for the privilege of keeping such moneys upon the following conditions : All such deposits shall be sub- ject to payment when demanded by the proper treasurer on his check, order or demand, and by all banks, receiving and holding such deposits, interest shall be paid at a rate not less than two per cent per annum nor more than four per cent per annum, as may be determined by the proper governing board upon the amount so deposited, as hereinafter provided, and 104 SCHOOL LAWS OF WYOMING subject also to such regulations as are imposed by law. [S. L. 1907, Ch. 30, Sec. 16.] Depositories Interest. Sec. 2501. Such applications by such banks, shall be sub- mitted to the proper governing board on or before the first Monday of April of each year, and shall be acted upon by the proper governing board on the said first Monday of April of each year, or as soon thereafter as practicable, and said board shall also at said time fix the rate of interest, which said rate shall go into effect on May 1st following and shall not be changed for one year, and no moneys shall be deposited by any such treasurer except in such banks as have been approved by the proper governing board. [S. L. 1907, Ch. 30, Sec. 17.] How Interest Computed. Sec. 2502. The amount to be paid by any and all banks under the provisions of this chapter for interest on public funds on deposit shall be computed on the average daily balance of the public moneys kept on deposit therewith, and shall be paid and credited to the proper county, city, town, or school district on the first day of January, April, July and October of each year; and every such bank shall keep account of such public moneys as may be deposited, and when deposited, and the interest thereon as aforesaid, and shall make a statement thereof, in duplicate, to the proper treasurer, and the proper governing board, on the first Monday of January, April, July and October of each year and all interest paid on said public moneys shall be credited by the proper treasurer to the ac- count of the several funds from which it is derived. [S. L. 1907, Ch. 30, Sec. 18.] Security Required. Sec. 2503. For the security of the funds so deposited un- der the provisions of this chapter, the proper treasurer shall require all such depositories to give bonds for the safe keeping and payment of such deposits and the interest thereon, which bond shall run to the proper county, city, town or school dis- trict, and be approved by the proper governing board of such county, city, town or school district, and conditioned that such depository shall, on the first Monday of each January, April, July and October of each year, render to the proper treasurer, and the proper governing board of the county, city, town or school district, a statement in duplicate, showing the several daily balances, and the amount of public moneys held by it during the preceding three months, and the amount of the interest thereon, and how credited, and for the payment of the SCHOOL LAWS OF WYOMING 105 said deposits, and the interest accrued thereon, as herein pro- vided, and when demanded by the proper treasurer on his check, order or demand at any time, and generally to do and perform whatever may be required by the provisions of this chapter, and a faithful discharge of the trust reposed in such depository. The said bond in substance shall be similar, or as near as may be, to the bonds required of state depositories, and when the penalty thereof exceeds the sum of five thousand dollars, such bond shall be furnished by some responsible surety company authorized to do business in this state. No county, municipal or school district treasurer shall have on de- posit in any bank at any one time more than one-half of the penal amount named in its said bond in all cases where private bonds are furnished, nor more than ninety per cent of the amount of all other bonds, nor more than one-half of the paid up capital stock and unimpaired capital stock and surplus of such bank. The bonds shall be deposited with the clerk of the county, city, town or school district to which said bond may be given. Where there are no banks in the county, or where the banks in the proper county refuse or fail to bid on said money, or refuse or fail to receive the said funds under the pro- visions of this chapter, then part or all of said money may be deposited under the conditions of this act, in any other bank in the state, selected by the proper governing board of the county, city, town or school district, as the case mav be. [S. L. 1907, Ch. 30, Sec. 19.] Collateral Security. Sec. 2504. Instead of the bonds provided for in Section 2503, the bank or banks receiving on deposit public funds may, as security therefor, furnish to the proper treasurer of any county, municipality or school district, securities of the kind mentioned in Section 2491, to be approved by the proper gov- erning board and the provisions of this chapter, applicable to such securities when furnished by state depositories, shall be applicable, as near as may be, to such securities when furnished to the treasurer of any county, municipality or school district. [S. L. 1907, Ch. 30, Sec. 20.] Funds Not Deposited. Sec. 2505. Whenever funds remain on hand which can- not be placed in the banks of the respective counties of this state under the provisions of this chapter, then the proper treasurer shall immediately notify the chairman of the proper governing board, which said board shall immediately there- upon hold a meeting and, if possible, secure other banks in the state to hold said funds under the provisions of this chapter. 106 SCHOOL LAWS OF WYOMING During the time that funds cannot be deposited in the banks entitled thereto under the provisions of this chapter, the proper treasurer shall hold said deposits in safe keeping, and shall be liable on his official bond for such funds so held. [S. L. 1907, Ch. 30, Sec. 21.] Treasurer's Liability. Sec. 2506. No county, city, town or school district treas- urer shall be liable on his official bond for money on deposit in any bank under and by direction of the proper legal au- thority and in conformity to the provisions of this chapter if said bank has given bond which has been approved as herein provided, except in cases where any loss could have been pre- vented by the exercise of reasonable care on the part of such treasurer. Nothing in this section contained shall be construed as relieving from any liability any bond given or any col- lateral deposited under the provisions of this chapter. Nor shall anything in this chapter prevent the proper treasurer from withdrawing any or all funds by him deposited in ac- cordance with this chapter, whenever he deems it advisable or to the interests of the public which he represents, or to pay out money as by law required. [S. L. 1907, Ch. 30, Sec. 22.] Profit Making Prohibited. Sec. 2507. The making of profit, directly or indirectly, by any state treasurer, or by the treasurer of any county, city, town or school district, or by any other public officer or em- ployee having in his custody or under his control any public moneys, by loaning such moneys or by depositing the same contrary to the provisions of this chapter or the using of such moneys by any of said public officers or employes for any pur- pose not authorized by law, shall be deemed a felony and are hereby prohibited, and any of said public officers or employees who shall violate any of the foregoing provisions of this sec- tion shall, on conviction, be punished by imprisonment in the state penitentiary for a term not exceeding two years or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. [S. L. 1907, Ch. 30, Sec. 23.] Bribes Penalty. Sec. 2508. The offering or giving, directly or indirectly, by any person to any public officer or employee having in his custody or under his control any public moneys of any gift, compensation, reward or inducement for the purpose of induc- ing any such public officer or employee to deposit such public moneys in any bank or to use the same in any manner not authorized by law, shall be deemed a felony and is hereby SCHOOL LAWS OF WYOMING 107 prohibited, and any person violating any of the provisions of this section shall, on conviction, be punished by imprisonment in the penitentiary for a term not exceeding two years or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. [S. L. 1907, Ch. 30, Sec. 24.] PROTECTION OF BIRDS. Unlawful to Kill Penalty. Sec. 2788. Any person who shall, within the state of Wyoming, kill or catch or have in his or her possession, living or dead, any wild bird other than a game bird, or who shall purchase, offer or expose for sale any such wild bird after it has been killed or caught, shall for each offense, be subject to a fine of not more than five dollars for each such bird killed or caught, or had in possession, living or dead, or imprisonment for not more than ten days, or both, at the discretion of the court. For the purposes of this chapter the following only shall be considered game birds: The Anatidae, commonly known as swans, geese, brant and river and lake ducks; the Rallidae, commonly known as rails, coots and mud-hens; the Limicolae, commonly known .as shore-birds, plovers, snipe, sandpipers, tatlers, willets, curlews, godwits and avocets; the Gallinaw, commonly known as grouse, prairie chickens, pheas- ants, sage hens, partridges and quails. [S. L. 1901, Ch. 37, Sec. 1.] Destruction of Eggs Penalty. Sec. 2789. Any person who shall, within the state of Wyoming, take or needlessly destroy the nest or the eggs of any wild bird, or shall have such nest or eggs in his or her pos- session, shall be subject for each offense to a fine of not more than five dollars, or imprisonment for not more than ten days, or both, at the discretion of the court. [S. L. 1901, Ch. 37, Sec. 2.] Scientific Use Permitted. Sec. 2790. Sections 2788 and 2789 shall not apply to any person holding a certificate giving the right to take birds, their nests and eggs, for scientific purposes, as provided for in Section 2791. [S. L. 1901, Ch. 37, Sec. 3.] Certificates Bond. Sec. 2791. Certificates may be granted by the superin- tendent of public instruction to any properly accredited person of the age of fifteen years or upwards, permitting the holder 108 SCHOOL LAWS OF WYOMING thereof to collect birds, their nests or eggs, for strictly scien- tific purposes only. No such certificate shall be issued until the applicant therefor shall have filed with the said superin- tendent of public instruction written testimonials from two well known scientific men or educators, certifying to the good character and fitness of said applicant to be entrusted with such privilege. Said applicant must file with said persons or officers a properly executed bond, in the sum of two hundred dollars, signed by two responsible citizens of the state as sure- ties. This bond shall be forfeited to the state, and the certifi- cate become void, upon proof that the holder of such certificate has killed any birds, or taken the nest or eggs of any bird, for other than the purposes named in Sections 2790 and 2791, and shall be further subject for each offense to the penalties provided therefor in Sections 2788 and 2789. [S. L. 1901, Ch. 37, Sec. 4] Term of Certificate. Sec. 2792. The certificate authorized by this act shall be in force for one year only from the date of its issue, and shall not be transferable. [S. L. 1901, Ch. 37, Sec. 5.] Birds Not Protected. Sec. 2793. The following named birds shall be exempt from protection under the provisions of this chapter, viz r English sparrow, magpie, sharp-shinned hawk, Cooper's hawk,, goshawk, duck hawk, gold or brown eagle, kingfisher and blue heron. [S. L. 1901, Ch. 37, Sec. 6; S. L. 1909, Ch. 79.] BOARD OF HEALTH. Vaccination. Sec. 2940. The state board of health may adopt such measures for the general vaccination of the inhabitants of any city, town, or county in the state, as they may deem proper and necessary to prevent the introduction or arrest the prog- ress of smallpox ; and every person who shall refuse to be vaccinated, or prevent any person under his care and control from being vaccinated, or who shall fail to present himself or herself to the county health officer or a practicing physi- cian acting under the direction of the board or county health officer, for the purpose of being vaccinated, if such physician believes vaccination necessary, shall upon conviction be fined not more than one hundred dollars nor less than ten dollars, or imprisoned in the countv jail not more than thirty days. [S. L. 1901. Ch. 55, Sec. 13.] Note. See also Chap. 127, page 127. SCHOOL LAWS OF WYOMING 109 INTEREST AND USURY. When Rate Not Effective. Sec. 3364. The rate of interest fixed by this chapter shall not affect interest on purchase of school, university and agri- cultural lands, or 011 lands delinquent, or sold for the non- payment of taxes ; or the rates of interest on warrants issued any county, city, town, village or school district, but they and by the proper authorities of the state, county, city, town, vil- lage or other municipal subdivision, or any bonds issued by each of them shall draw interest and be payable in the manner now, or that may hereafter be fixed by law. [S. L. 1895, Ch. 30, Sec. 10.] Interest on Public Warrants. Sec. 3365. All state, county, school district, town, city, or other public warrants issued after June 1st, eighteen hun- dred and ninety, for any salary or salaries, fee or fees, or for or on account of any public indebtedness, claim or demand, whatever, which indebtedness, claim or demand shall have accrued on any public contract, transaction, or liability, en- tered into or arising after the 1st day of June, eighteen hun- dred and ninety, shall draw interest upon the amount ex- pressed in such warrant or warrants at the rate of six per centum per annum from the date of the presentation thereof for payment at the treasury or other place where the same may be payable, until there is money in the treasury for the payment thereof, and it shall be unlawful to allow or pay any rate of interest upon such warrant or warrants, except as herein specified and expressed, and every state or county treasurer or municipal officer duly authorized to act as treas- urer, to whom such warrant or order is presented for payment, provided he has not sufficient funds in the treasury to pay the same, shall endorse thereon the words "not paid, for want of funds," and sign and date the same officially. [S. L. 1890, Ch. 22.] LEGAL HOLIDAYS. Legal Holidays. Sec. 3581. The 1st day of January, the 12th day of Febru- ary, the 22d day of February, the 30th day of May, the 4th day of July, the day that may be appointed by the president of the United States as the annual Thanksgiving day, the 25th day of 110 SCHOOL LAWS OF WYOMING December of each and every year, all days upon which general elections are held and Arbor day, are hereby declared legal holidays in and for the state of Wyoming. If the 1st day of January, the 12th day of February, the 22d day of February, the 30th day of May, the 4th day of July or the 25th day of December, fall upon a Sunday, the Monday following shall be a legal holiday. [S. L. 1901, Ch. 93.] Note Labor day is a national holiday. Arbor Day. Sec. 3582. The governor shall annually, in the spring, designate by official proclamation, an arbor day, to be ob- served by the schools and for economic tree planting. [B. S. 1899, Ch. 2697.] MISCELLANEOUS. Public Officers Subject to Garnishment. Sec. 4797. All state, county, city, town and school district officers shall be liable and subject to garnishment in civil ac- tions on debts hereafter contracted, in the same manner, and for the same causes as private individuals now are, or here- after may be liable and subject to garnishment under the laws of this state. [S. L. 1909, Ch. 140, Sec. 1.] Disposition of Fines. Sec. 6116. If a fine be imposed and paid before commit- ment, it shall be received by the justice and by him paid over to the county treasurer, within thirty days after the receipt thereof, for the use of the schools in the county. [R .S. 1887, Sec. 3651.] Payment of Fine Commitment. Sec. 6117. If the defendant be committed for not paying a fine, he may pay it to the sheriff of the county, or to the justice by whom the commitment was made, but to no other person; who must in like manner, within thirty days after the receipt thereof, pay it into the county treasury for the use of the schools in the county. [B. S. 1887, Sec. 3652.] APPENDIX FROM SESSION LAWS OF 1913 SCHOOL LAWS OF WYOMING 111 CHAPTER 18. RELIEF OF NIOBRARA COUNTY. Sec. 1. Appropriation. That whereas, in the apportion- ment of school funds for Nineteen Hundred and Thirteen through an error the number of persons of school age in Nio- brara County was erroneously given at Five Hundred and Thirty-three whereas in fact the number of such children of school age was Seven Hundred and Forty-three ; and whereas, under the said erroneous computation the amount of the gen- eral school fund apportioned and distributed to the said County of Niobrara was Three Thousand Four Hundred and Forty- eight Dollars and Fifty-one Cents instead of Four Thousand Eight Hundred and Seven Dollars and Twenty-one Cents which was the just amount to which Niobrara County was entitled out of the said school funds; therefore, the sum of One Thou- sand Three Hundred and Fifty-eight Dollars and Seventy Cents being equal to the balance that should have been appor- tioned and distributed to Niobrara County out of said funds, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State Treasury not otherwise appro- priated, which said sum be appropriated shall be paid at the same time and to the same officer of the said Niobrara County for the year Nineteen Hundred and Fourteen and shall be used and distributed solely and only for Public School purposes in the same manner as such general school funds are used and distributed. Sec. 2. This Act shall take effect and be in force from and after its passage. Approved February 8, 1915. CHAPTER 19. RELIEF OF PLATTE COUNTY. Section 1. Appropriation. That whereas, by the appor- tionment of school funds for Nineteen Hundred and. Thirteen through an error the number of persons of school age in Platte county was erroneously given as ten hundred and forty-six whereas, in fact, the number of such children of school age was twelve hundred and thirteen; and whereas, under the said erroneous computation the amount of general school fund ap- portioned and distributed to the said county of Platte was 112 SCHOOL LAWS OF WYOMING six thousand seven hundred seventy-one dollars and seventy cents instead of seven thousand eight hundred fifty-two dollars and seventy-four cents which was the just amount to which Platte county was entitled out of the said school funds ; there- fore, the sum of ten hundred eighty-one dollars and fourteen cents, being equal to the balance that should have been appor- tioned and distributed to Platte county out of the said funds, or so much thereof as may be necessary, is hereby appropriat- ed out of any funds in the state treasury not otherwise appro- priated, which said sum be appropriated shall be paid at the same time and to the same officer of the said Platte county for the year nineteen hundred and fourteen and shall be used and distributed solely and only for public school purposes in the same manner as such general school funds are used and dis- tributed. Section 2. This act shall take effect and be in force from and after its passage. Approved February 8, 1915. CHAPTER 25. CO-OPERATIVE AGRICULTURAL EXTENSION WORK. Act of Congress Accepted Authority of University Trustees. Sec. 1. The terms and conditions of an act of Congress approved by the President May 8th. 1914, entitled "An Act to provide for Co-operative Agricultural Extension Work between the Agricultural Colleges in the several states receiving the benefits of the Act of Congress approved July 2nd, 1862, and Acts supplementary thereto, and the United States Department of Agriculture," are hereby assented to and accepted by the state of Wyoming, and the board of trustees of the University of Wyoming be and they are hereby authorized and empowered to receive the grants of money appropriated under said act, and to organize and conduct agricultural extension work which shall be carried on in connection with the college of agriculture of said university in accordance with the terms and condi- tions expressed in the Act of Congress aforesaid. Appropriation. Sec. 2. That for the purpose of paying the expenses of said co-operative agricultural extension work or other agricul- tural extension work, and the necessary printing and distribut- ing of information in connection with the same, there is ap- propriated annually out of the money in the state treasury SCHOOL LAWS OF WYOMING 113 not otherwise appropriated $8,000, which shall be paid annually to the treasurer of the board of trustees of the University of Wyoming, Provided that there is also appropriated an addi- tional sum of $2000.00 for the fiscal year following that in which the foregoing appropriation first becomes available, and for each year thereafter for ten years a sum exceeding by $1,000.00 the sum appropriated for each preceding year. Funds for County Work Agreement with Agricultural College. Sec. 3. That the county commissioners of each of the sev- eral counties of the state are hereby authorized to provide and appropriate funds for use in and about agricultural or farm demonstrations and field work in such county, such funds to be provided either by special provision in the annual tax levy, not exceeding one-fourth (14) mill, of such county or by ap- propriation of funds not otherwise appropriated, and the same to be expended subject to the supervision of the Agricultural College of the University of Wyoming ; and for each dollar so provided by such county there is hereby appropriated, in addi- tion to the appropriation provided for in Section 2 of this Act, the sum of two dollars to be paid out of any moneys in the general fund of the state not otherwise appropriated and to be available when the secretary of state has been advised by the certificate of the county commissioners of such county, countersigned by the president of the State University, that such provision has been actually made and that memorandums of agreement have been entered into between said county and the Agricultural College of the University of Wyoming, said moneys to be turned in to the treasurer of the board of trustees of the university ; provided, however, that in no event shall the total amount so appropriated to any one county exceed $3000.00 during any one year. Districts. Sec. 4. In order to obtain or increase the benefits to be derived from the provisions of this act, any two or more con- tiguous counties may unite in the formation of a district and each district so formed shall be regarded, for the purpose of this act, as a single county and shall be entitled to the same benefits under this act as if such ' districts were in fact one county; provided, however, that no county included in such district as a county, shall be entitled to any of the benefits of this act so long as the district formed as aforesaid, of which county is a part, shall receive such benefits. Agricultural Experts. Sec. 5. When the county commissioners of any county 114 SCHOOL LAWS OF WYOMING or district, composed of two or more counties, have complied with the provisions of Section 3 of this act, they shall make a request for a county agent or agricultural expert to be sent them by the Agricultural College of the University of Wyoming and the authorities of said university shall provide them with a suitable man, qualified to do the work usually expected from a man educated in the science of agriculture ; provided, an un- satisfactory man shall not be continued as county agent. And it shall be the duty of the Agricultural College of the Univer- sity to carry into effect the provisions of conferring with each board of county commissioners. Money from Other Sources. Sec. 6. That the board of trustees of the University of Wyoming is authorized to receive from any source whenever and wherever the same may be available, moneys to be applied and expended under the supervision of said Agricultural Col- lege, in aid of all or any of the purposes aforesaid and all such sums shall be and are hereby deemed' to be appropriated for the purposes aforesaid. Any and all sums so received shall be in addition to any other benefits to be derived by such county hereunder, and shall be paid out upon requisition as provided for other university funds. Sec. 7. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. Approved February 11, 1915. CHAPTER 33. POLL TAXES. Levy and Collection. Sec. 1. Section 2415 of the Wyoming Compiled Statutes of 1910 is hereby amended. and re-enacted to read as follows, to-wit : "Sec. 2415. At their first meeting in January of each year, or as soon thereafter as possible, the Boards of Com- missioners in each and every county in the State, shall an- nually levy a school poll tax of two dollars for each and every person between the ages of twenty-one years and fifty years inclusive, for county school purposes, which poll tax shall be SCHOOL LAWS OF WYOMING 115 due and payable at the time of assessment; and may be col- lected by the county assessors at any time during the year, and it shall be lawful for the treasurer or collector to levy upon any county warrant or warrants, or other evidences of indebted- ness, which are the property of any delinquent taxpayer, at any time after said poll tax shall have become due and pay- able, and to sell and dispose of the same to the best advantage, and apply the proceeds thereof to the payment of taxes due from said delinquent, giving a proper receipt therefor to said delinquent. Provided, that the provisions of this section shall not be construed to apply to owners of real estate in the county where school poll taxes are levied." Receipts Prepared by County Treasurer. Sec. 2. The county treasurer shall, before the first day of March, 1915, and before the first Monday in February of each year thereafter, cause to be printed blank stub poll tax receipts, for the use of the assessors and deputies. The style of such blanks shall be changed every year. The county treas- urer shall, before the first day of March, 1915, and before the first Monday in February of each year thereafter; 1. Number and sign the blank poll tax receipts. 2. At the time of signing make an entry of the whole number thereof, and of the first and last number placed thereon, in a book to be kept by him for that purpose. 3. Deliver all such blanks to the county clerk, and charge him therewith. Duty of County Clerk. Sec. 3. The county clerk, upon receipt thereof, shall sign the same, and make in a book to be kept by him for that pur- pose a similar entry to that prescribed in sub-division 2, of the preceding section. The county clerk shall, at any time after the first Monday in February, deliver to the assessor the blanks and charge him therewith. Duty of County Assessor. Sec. 4. The assessor shall demand payment of poll tax of every person liable therefor whose name does not appear upon the assessment list. Poll tax shall be added upon the assessment list to other taxes of persons liable therefor, paying taxes upon real and personal property, and paid to the county treasurer at the time of the payment of other taxes. Every person in- debted to one who neglects or refuses, after demand, to pay a poll tax becomes liable therefor, and must pay the same for such other person or persons, after service upon him by the assessor of a notice in writing, stating the name of such person 116 SCHOOL LAWS OF WYOMING or persons. Notice to a corporation shall be served on the person on whom process may be served, as in civil actions. Employers Liable. Sec. 5. Every person, corporation or association employ- ing one or more persons subject to poll taxes are liable for any and all poll taxes that may be due from such employees, and may deduct the amounts paid out for such poll taxes from any sum due to the extent of any moneys due to such employees at the time when served with notice by the Assessor as provided in Section 4 of this Act, or that may afterwards become due, for such employees, whether the wages are payable directly to the employees or other persons who furnish such employees under contract. The assessor may require the person or his agent or any officer or agent or manager of any association to make a verified statement showing the number and giving the names of the employees of such person, association or cor- poration. The person, association or corporation refusing to make such verified statement shall forfeit the sum of one hundred dollars which may be recovered in an action brought in the name of the county. Assessor May Seize Property. Sec. 6. The assessor, in case of the failure of a person, corporation or association to pay the poll tax in the manner mentioned in this chapter, shall seize so much of the property of such person, association or corporation as will be sufficient to pay the poll tax and costs, and sell the same as provided in Section 2419 of Chapter 162, Compiled Statutes of Wyoming, 1910. Every person paying the poll tax of another may deduct the same from any indebtedness of such other person. The assessor shall deliver the poll tax receipt, filled out with the name of the person owning the tax, to the purchaser of property at any such sale ; in other cases he shall deliver it, filled out in like manner, to the person paying the tax. The receipt so de- livered is the only evidence of payment. Monthly and Final Settlement by Assessor. Sec. 7. On the first Monday in each month the assessor shall make oath before the county clerk, of the total amount of poll taxes collected by him during the last preceding month, and shall, at the same time, settle with the county clerk for the same, and pay into the county treasurer's office the total amount of poll taxes collected. On the first Monday in January of each year the assessor shall return to the county clerk all the poll tax receipts received by him and not used, together with the stubs of receipts used, and shall make final settlement with the SCHOOL LAWS OF WYOMING 1 1 7 county clerk and treasurer therefor. The county clerk shall, as soon as settlement is made, return to the treasurer the re- ceipts not used, together with the stubs of receipts used. The treasurer shall credit the county clerk with the receipts so returned, and shall thereupon seal them up, together with the stubs of receipts used, securely and deposit them in his office. Roll of Names School Fund. Sec. 8. The assessor shall keep a roll of names and local residence, or place of business, of all persons subject to or liable for poll tax, and if paid, date and amount of each payment, and if not paid, the cause of non-payment. The proceeds of the poll tax shall be paid to the county treasurer, as provided by law, for the exclusive use of the school fund in the district in which said poll tax is collected. Sec. 9. All Acts or parts of Acts inconsistent or in con- flict with the provisions of this Act are hereby repealed. Sec. 10. This Act shall take effect and be in force from and after the date of its passage. Approved February 15, 1915. CHAPTER 34. GIFTS FOR EDUCATIONAL PURPOSES. Charitable Trust, Exempt from Taxation. Sec. 1. That all property devised, bequeathed or given for non-sectarian, public educational purposes in this state, or for the purpose of non-sectarian, public education of the youths of this state shall be considered as charitable trusts, and the said property, so long as the same is not diverted from the purposes herein expressed, shall be exempt from taxation in- cluding inheritance taxation. May Incorporate. Sec. 2. The executors, trustees or persons receiving such devise, gifts or legacies may organize and form a corporation under the provisions of and to be governed by, as near as may be, Chapter 280 of the "Wyoming Compiled Statutes of 1910, and the provisions of this act. The purposes and powers of such corporation may include either or all of those mentioned in subdivision fourth, fifth and sixth of Section 4212 of said Chapter 280 of the Wyoming Compiled Statutes of 1910, and 118 SCHOOL LAWS OF WYOMING the further purposes, if desired, to establish and maintain a school or schools of technology or other similar institutions, and advance, in such manner as may be found advisable, the education of the youths of this state. An amendment to the certificate of incorporation may be made from time to time by the trustees or board of directors, changing the number of trustees (to be, however, not less than three), or by adding thereto such of the powers and purposes above enumerated as have not heretofore been included; such amendment shall be executed in duplicate, shall be duly acknowledged by the president and secretary of such corporation, and shall be filed in the same manner as is required in the case of the original certificate. Powers of Executors, Trustees and Corporations. Sec. 3. Such executors, trustees or persons receiving such devises, gifts or legacies, and the corporations formed as above mentioned, shall have the power to receive gifts and donations of real and personal property in any amount and value ; to sell all real and personal property coming in their hands and to re- invest the same in and hold other property ; to make a gift to or loan to such persons, deemed proper by the said board of trustees, of an amount or amounts of money, for the purpose of educating such persons either in the schools of this or any other state or county, and generally to do all other things not inconsistent herewith, or with the terms of the original devise, bequest or gift, so as to advance the general education of the youths of this state. Sec. 4- This act shall take effect and be in force from and after its passage. Approved February 15, 1915. CHAPTER 35. RIGHTS OF WAY ACROSS STATE AND SCHOOL LANDS. Sec. 1. That Section 649 of the Wyoming Compiled Stat- utes, 1910, be amended and re-enacted to read as follows : "Sec. 649. That the State Board of Land Commissioners and State Board of School Land Commissioners may, at their discretion, grant permanent rights of way or easements across or upon any portion of State or School Lands, upon such terms as the Board may determine, for any ditch, reservoir, railroad, SCHOOL LAWS OF WYOMING 119 public highway, telegraph and telephone lines, or other public conveyances." Sec. 2. This Act shall take effect and be in force from and after its passage. Approved February 15, 1915. CHAPTER 38. LEASING STATE AND SCHOOL LANDS. Sec. 1. That Section 615, "Wyoming Compiled Statutes, 1910, be amended and re-enacted to read as follows: "Sec. 615. Manner of Leasing State Lands. The State Board of Land Commissioners and also the State Board of School Land Commissioners shall severally lease all state and school lands belonging to the state in such manner and to such parties as shall inure to the greatest benefit and secure the greatest revenue to the state. Preference shall in all cases be given to applications for leases of either state or school lands to persons who are resident citizens and taxpayers of the state, and applications made by citizens of the state who hold title to lands upon which they reside nearest to any state or school lands applied for shall be given a preference right over all other applicants to lease the same at such rental as the Board shall deem equitable and just; provided, that such preference right shall not be given as against the application of the old lessee who has made valuable improvements upon the lands applied for or on lands in the vicinity thereof, if the Board shall find that such preference right will work extreme financial hardship upon such old lessee, and such preference to resident title-holders shall extend to an area of lands equal to twice the area of lands to which such resident citizen holds title, not, however, to exceed six hundred and forty acres of school or educational institutions lands, or a total of two thousand five hundred and sixty acres of state and school lands. Where two or more applicants claim preference by reason of holding title to lands nearest to lands applied for, the Boards shall grant leases upon a basis as nearly equitable as possible. Applicants claiming the preference right accorded by this section must set forth such claims at the time of making their applications, or subsequent thereto, and prior to the ex- piration of any prior lease on the lands covered by such appli- cation." 120 SCHOOL LAWS OF WYOMING Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 19, 1915. CHAPTER 42. TAX FOR UNIVERSITY BUILDINGS. Levy Expenditure. Sec. 1. In order that the University of Wyoming may be kept in a condition of full efficiency as required by the terms of Section Sixteen of Article Seven of the Constitution of the State of Wyoming, there shall be assessed upon all taxable property in the state in each year a tax of one-eighth of a mill, in addition to other levies or appropriations now authorized or to be authorized by law, upon each and every dollar of the assessed valuation of such property, which tax shall be levied, collected, and paid to the state treasurer in the manner pro- vided by law for the levy, collection and payment of other state taxes. Said tax, when -so paid to the state treasurer, shall be paid to the treasurer of the said board of trustees upon the warrant of the state auditor, to be issued upon request of said board of trustees. The proceeds of said tax shall be ap- propriated and expended by the said board of trustees for such permanent buildings and improvements as the said board in its discretion may deem necessary. Provided, however, that any revenue thus collected which shall be in excess of the amount required to meet the expenses of buildings and im- provements in any given year, may be expended by said board for the maintenance of extension work in departments other than agriculture and home economics. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. Approved February 20, 1915. SCHOOL LAWS OF WYOMING 121 CHAPTER 52. EXEMPTION OF CERTAIN STATE AND SCHOOL LANDS FROM TAXATION. Lands Sold on Contract. Sec. 1. All state and school lands within the state of Wyoming sold on contract by said state under the provisions of Chapter 53, Wyoming Compiled Statutes, 1910, together with the equity and possessor}^ right of the purchaser, shall be exempt from taxation until the right to a deed shall have become absolute. Sec. 2. This act shall be in force from and after its pas- sage. Approved February 23, 1915. CHAPTER 61. LEGALIZING CERTAIN SCHOOL BONDS. Whereas, School District No. 1, in the County of TJinta and State of Wyoming, held an election in the court room of the Uinta County Court House at Evanston within said District on Monday, the 4th day of May, 1914, on the proposition of issu- ing Twenty-five Thousand. ($25,000.00) Dollars of the bonds of said School District for the purpose of building a high school building; and, Whereas, at said election a majority of the voters voted in favor of the issuance of said bonds ; and, Whereas, the said bonds were then advertised and sold to the State of Wyoming and the moneys received for the said bonds have been used in the erection of the proposed building, which has been accepted by the said School District; and, Whereas, it is claimed that certain irregularities occurred in relation to some of the proceedings in issuing said bonds; now, therefore: Be It Enacted by the Legislature of the State of Wyoming. Sec. 1. That the said proceedings and the said bonds be, .and they are hereby legalized and rendered valid and effective, and the said bonds are made valid, legal and binding in all the respects, as if each and every proceeding in the issuance of the said bonds had been in all respects due and regular and in conformity with the statutes governing the issue of such bonds. 122 SCHOOL LAWS OF WYOMING Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 24, 1915. CHAPTER 77. EMPLOYMENT OF CHILDREN. Employment Prohibited. Sec. 1. That no child under eighteen (18) years of age shall be employed or permitted to work in any brewery, dis- tillery, saloon, concert hall or other establishment where malt or alcoholic liquors are manufactured, packed, wrapped, bot- tled or sold ; no child under fourteen (14) years of age employed in the public messenger service, shall be required to deliver any message, package or any other thing whatsoever to any brew- ery, distillery, saloon, concert hall, or other establishment where malt or alcoholic liquors are manufactured, packed, wrapped, bottled or sold, or to any premises used for immoral purposes. Improper Exhibitions Dangerous Occupations. Sec. 2. That [is] shall be unlawful for any person having the care, custody or control, of any child under the age of six- teen (16) years to exhibit, use or employ such child as an actor or performer in any concert hall or room where intoxicating liquors are sold or given away, or for any illegal, obscene, indecent or immoral purposes, exhibition or practice whatso- ever, or for any business or in any place, situation, or exhibi- tion, or vocation injurious to the morals or health, or dan- gerous to the life or limb of such child, or cause, procure or encourage such child to engage therein ; nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or the teaching or learning the science or practice of music, or in the physical development of its body in any re- spectable gymnasium or natatorium ; nor shall anything in this section be construed to prevent children taking part in what are known as amateur entertainments or theatricals for charity, or not for profit, in schools, churches, settlement houses, or boys' or girls' clubs. Mines, Smelters and Machine Shops. Sec. 3. That it shall be unlawful for any person, firm or corporation, to take, receive, hire or employ any child or chil- dren under fourteen (14) years of age, in any underground SCHOOL LAWS OF WYOMING 123 works, or mine, in or about the surface workings thereof, or to any smelter, coke oven, or to adjust any belt to any machinery, or to operate, or assist in operating, circular or band saws, wood shapers, wood joiners, planers, sand paper or wood polishing machinery, emery or polishing wheels used for polish- ing metal, wood turning or boring machinery, stamping ma- chines in sheet metal and tin ware manufacturing, stamping machines in washer and nut factories; nor shall they be em- ployed in operating any passenger or freight elevators, steam boiler, steam machinery, or other steam generating apparatus, or automobiles, wire or iron straightening machinery; nor shall they operate, or assist in operating, rolling mill machinery, punchers, or shears, nor shall they operate, or assist in operat- ing laundry machinery, nor shall they be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors, or white lead; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes. Nine Hour Day. Sec. 4. That no person under the age of fourteen (14) years shall be employed, or suffered, or permitted, to work at any gainful occupation, except farm work or domestic service, more than fifty-six (56) hours in any one week, or more than nine (9) hours in any one day. Seats for Girls. Sec. 5. That no female under eighteen (18) years of age shall be employed, permitted, or suffered to work in any capacity where such employment compels her to remain stand- ing constantly. Every person who shall employ any female under eighteen (18) years of age, shall provide suitable seats, chairs, or benches, for the use of the females so employed, which shall be so placed as to be accessible to such employees, and shall permit the use of such seats, chairs, or benches, by them in so far as the nature of their work allows, and there shall be provided at least one seat to every three (3) female em- ployees. Penalty. Sec. 6. That any person, firm or corporation, employing any child in violation of the provisions of this Act, or per- mitting, or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or imprisoned in the county jail not 124 SCHOOL LAWS OF WYOMING less than thirty (30) days nor more than ninety (90) days, or by both such punishments, in the discretion of the Court. Sec. 7. That all Acts and parts of Acts in conflict with this Act are hereby repealed. Sec. 8. This Act shall take effect and be in force from and after its passage. Approved February 24, 1915. CHAPTER 112. REMOVAL OF UNFAITHFUL COUNTY OFFICERS. Applicable to Every County Officer. Sec. 1. Every county officer shall be removed from office by the district court of the proper county, upon charges made in writing and hearing thereunder, if after proof submitted the court shall be satisfied that the said officer has been guilty of misconduct or malfeasance of office in the manner following : Governor May Direct Commencement of Action. Sec. 2. Whenever it shall appear to the governor on veri- fied complaint in writing of qualified electors of the county or otherwise, that any county officer is guilty of misconduct or malfeasance in office, he may direct the county and prosecuting attorney of the county, or the attorney general to commence and prosecute an action in the district court of the county in which said officer is an official praying for the removal of such officer. Such action shall be commenced by the filing of a verified petition in the name of The State of Wyoming signed by the county and prosecuting attorney or the attorney general and shall set forth the facts constituting such misconduct or malfeasance in office. Summons as in Civil Cases. Sec. 3. Upon the filing of such petition a summons shall be issued for the defendant as in civil cases and there shall ac- company the summons and be served upon the defendant a copy of the petition filed against him. The answer day shall be the same as is now provided for civil suits and the petition and answer shall constitute the only pleadings allowed and the alle- gations of the answer so far as they conflict with the petition shall be considered denied without a reply. Trial. Sec. 4. Such action shall be tried in a summary manner by the district court with or without the intervention of a SCHOOL LAWS OF WYOMING 125 jury not less than five days nor more than thirty days after answer day, and upon said trial all questions touching the sufficiency or certainty of the allegations of the petition or of the answer shall be heard and determined and such amend- ments as are not inconsistent with the original pleadings, shall be authorized to be made at once and shall not delay the trial of the case. If upon such trial the court shall find that the defendant has been guilty of the misconduct or the mal- feasance in office charged in the petition, a judgment shall be entered removing the defendant from such office and taxing against him the costs of the action. Change of Judge. Sec. 5. The judge of a district court in which an action for the removal of an officer is pending, if he shall be unable to try such action within the period provided by this act, shall call in one of the other district judges of the state. No change of judge shall be allowed unless proper application therefor is filed with the answer; Provided, that if the judge of that district is unable to try such action and has designated another district judge to try the same, as hereinbefore provided, the application must be filed not more than three days after the filing of the order designating the judge to whom the action has been referred. Suspension of Officers by the Governor. Sec. 6. Whenever such proceeding has been commenced in the district court by the filing of a petition, the governor may cause a notice to be served upon such officer by any person therein designated for such purpose, setting forth the mis- conduct or malfeasance in office as charged in the petition and requiring said officer to appear before him at a time and place therein designated but not less than five days after the service of such notice, and at said time and place the governor shall hear the charges against and the defense of such officer, which may be presented by affidavits or otherwise, and if upon said hearing he shall determine that such officer has been guilty of said misconduct or malfeasance in office he may by an order signed by him and filed in the office of the secretary of state, suspend such officer from the further exercise of his duties in said office, and such suspension shall operate until the termi- nation of the trial of such officer as provided for in Section 4 hereof; duplicate copies of said order of suspension shall also, be filed in the office of the county clerk and in the office of the clerk of the district court of the county in which the accused is an officer. 126 SCHOOL LAWS OF WYOMING Filling Vacancies. Sec. 7. Whenever any county officer shall be suspended under the provisions of this act the person or board having authority to fill vacancies in such office shall upon such sus- pension appoint some qualified elector temporarily to fill such office and to perform the duties thereof so long as such sus- pension shall continue ; Provided however, that if the officer so suspended is a county commissioner the governor shall ap- point some qualified elector temporarily to fill such office and perform the duties thereof so long as such suspension shall continue. Whenever any officer shall have been removed by a final judgment entered in such proceeding the vacancy caused thereby shall be filled as in the manner provided by law for filling vacancies in such office. Officer Restored If Not Guilty. Sec. 8. If any officer who shall have been suspended under the provisions of this act, is found by the district court to be not guilty of the misconduct or malfeasance in office charged against him, he shall be restored to his office and shall receive the compensation provided for such office during the period of his suspension, and he shall be reimbursed by the State of Wyoming for all actual and necessary expenditures made by him in connection with all trials and hearings pro- vided for in this Act. Hearing by the Supreme Court. Sec. 9. Either party may commence a proceeding in error in the supreme court by filing a petition in error as in civil actions, within thirty days after the entry and said judgment, and the supreme court may upon motion of the attorney general fix a time within which the necessary records of the proceedings and the briefs of the parties shall be filed, and advancing the cause for hearing. No such proceeding in error shall suspend or supersede a judgment of the district court removing such officer, but such officer shall be suspended and barred from per- forming the duties of his office from the time of the entry of such judgment so long as the same remains unreversed. Certain Provisions Not Affected. Sec. 10. Nothing in this act shall be construed as repeal- ing any of the provisions of Chapter 20, Wyoming Compiled Statutes, 1910, or any law now in force in this state making it a crime or misdemeanor for said officers to violate certain statutes of this state and providing a punishment for said violation ; and proceedings under this act shall not be a bar to SCHOOL LAWS OF WYOMING 127 proceedings under any criminal statute in the state of Wyoming now in force or which hereafter may be in force. Sec. 11. This Act shall take effect and be in force from and after its passage. Approved February 26, 1915. CHAPTER 127. PHYSICAL EXAMINATION OF SCHOOL PUPILS. Teacher to Make Examinations. Sec. 1. It shall be the duty of every teacher engaged in teaching in the public schools of incorporated cities 'and towns of the State separately and carefully to test and examine every child under his or her jurisdiction to ascertain if such child is suffering from defective sight or hearing or diseases of nose or throat. Provided, that such examination shall be made by observation by the teachers, without using drugs or instru- ments and without coming in physical contact with said child. Charts Questions Report. Sec. 2. In making the tests required by Section 1 of this Act the teacher shall employ eye testing charts of a standard character approved and supplied by the State Superintendent of Public Instruction and shall conform to the rules of the State Superintendent in methods of applying such tests, especial attention being given to defects that may be disclosed by the following questions : 1. Does the pupil habitually suffer from inflamed lids or eyes ? 2. Does the pupil fail to read a majority of the letters in the number 20 line of the standard vision chart with either eye? 3. Do the eyes and head habitually grow weary and painful after study? 4. Does the pupil appear to be Across-eyed?" 5. Does the pupil complain of ear-ache in either ear? 6. Does matter (pus) or a foul odor proceed from either ear? 7. Does the pupil fail to hear an ordinary voice at twenty feet in a quiet room? 8. Is the pupil frequently subject to "colds in the head" and discharges from the nose and throat? 9. Is the pupil an habitual "mouth breather?" 128 SCHOOL LAWS OF WYOMING If an affirmative answer is found to any of these questions the teacher shall give such pupil a report to his parent or guardian made on a report blank prepared and furnished by the State Superintendent of Public Instruction, such report to be made in form prescribed by the State Superintendent. It shall be the further duty of the teacher to record the results of the examinations required by Section 1 of this Act in such manner as may be prescribed by the State Superin- tendent of Public Instruction. Duty of State Superintendent. Sec. 3. It shall be the duty of the State Superintendent of Public Instruction to prescribe rules for making such tests as are required by this Act and to prepare copies thereof, to- gether with all blanks, charts and printed forms deemed neces- sary by the State Superintendent for carrying into effect the provisions of this Act, and to distribute them to all the public school teachers in incorporated cities and towns of the State, such distribution to be made through the district boards or, if there be such, through the executive officers thereof, the ex- penses of such printing and distribution to be borne out of the State Superintendent 's contingent ; Provided, that the annual expense for such purpose shall not exceed one hundred and fifty dollars. When Tests Are to Be Made. Sec. 4. During the first month of each school year, after the opening of school, teachers must make the tests required of this Act upon the children then in attendance at school; and thereafter, as children enter school during the year, such tests must be made immediately upon their entrance. Boards of Trustees to Enforce This Act. Sec. 5. It shall be the duty of the Boards of Trustees of the several school districts of the State to enforce the provisions of this Act. Sec. 6. This Act shall take effect and be in force from and after July 1, 1915. Approved March 2, 1915. SCHOOL LAWS OF WYOMING 129 CHAPTER 156. SALARIES OF COUNTY SUPERINTENDENTS. Sec. 1. Section 1279 of the Wyoming Compiled Statutes, 1910, is hereby amended and re-enacted to read as follows : Sec. 1297. County Superintendents of Schools shall re- ceive the following annual salaries : In counties having an as- sessed valuation of more than five million dollars, one thousand dollars ; in counties having an assessed valuation of less than five million dollars, and counties having an assessed valuation of icos ilian two million dollars, five hundred dollars. Together with their actual, and necessary traveling expenses, while en- gaged in the discharge of their actual duties, the amount for which expenses, before being allowed, shall be stated in sep- parate items, accompanied by vouchers, or receipts for all items amounting to five dollars or more, and otherwise made conform- able to the law. Approved March 5, 1915. CHAPTER 157. THE SCHOOL CODE COMMITTEE. Appointment. Sec. 1. The Governor of the State of Wyoming is author- ized and is hereby directed to appoint, by and with the consent of the Senate, four of the five members of a committee to be known and designated as the Wyoming School Code Committee, the fifth member of said committee to be the State Superintend- ent of Public Instruction. Said committee to serve for a period of two years. All vacancies that may occur in the membership of this committee shall be filled by the Governor. Meetings. Sec. 2. The Governor shall designate the time and place for the first meeting of this committee, and all succeeding meet- ings shall be held at the call of the chairman who shall have been selected at the first meeting from the membership of the committee. The committee shall be empowered to choose a secretary outside its own membership who shall perform such duties as the committee may direct. Duties. Sec. 3. It. shall be the duty of the School Code Committee 130 SCHOOL LAWS OF WYOMING to make a thorough investigation into the needs of the public schools of Wyoming and the laws under which they are organ- ized and operated ; to make a comparative study of such other public schools as may seem advisable and to report to the Governor and to both Houses of the Fourteenth Legislature of the State of Wyoming, recommending a Revised Code of School Laws. Compensation. Sec. 4. The members of the committee shall receive only their actual personal and traveling expenses while engaged in the work of the committee, to be paid upon the presentation of itemized statements of such accounts, verified by affidavits, and approved by the Governor ; provided, however, that the secre- tary may receive fair compensation for the time actually spent in the work of the committee, such compensation to be deter- mined by the committee and approved by the Governor. Appropriation. Sec. 5. There is hereby appropriated out of the funds of the state, not otherwise appropriated, the sum of fifteen hun- dred dollars or such part thereof may be necessary for the sat- isfactory performance of the duties of this committee. The State Anditor is hereby authorized to draw warrant for the foregoing amount or any part thereof on the order of the School Code Committee signed by tis chairman, attested by its secretary and approved by the Governor. Sec. 6. This act shall take effect and be in force from and after its passage. Approved March 5, 1915. CHAPTER 158. FUNDS FOR MAINTENANCE OF HIGH SCHOOLS. Tax Limit. Sec. 1. That should any school district determine to con- duct a four year High School, with a course of study sufficient to prepare its pupils for admission to the State University, the said .District shall then possess and have added to its pres- ent taxing powers, the taxing powers of a High School District under the present High School District Law, to-wit: Not to exceed two mills on the dollar on all taxable property in the school district for teachers wages and contingent expenses and in case of building, not to exceed in all ten mills on the dollar on all taxable property within the district. SCHOOL LAWS OF WYOMING 131 Elimination of District from High School District. Sec. 2. The vote to determine whether or not any school district may be eliminated from any high school district at present organized and that the said school district will main- tain such a school shall be by ballot and at the annual meeting or special meeting called for that purpose. The form of the ballot shall be, "For a Four Year High School" and "Against a Four Year High School." Fifty-one per cent of the electors present of each and every school district comprising said High School district and voting for the High School shall be sufficient authority for the elimination of said district from said High School district and for the voting and levying of the additional funds above mentioned for High School purposes. Taxing Power Continues. Sec. 3. After the establishment of such a High School the power shall remain with the district to provide annually for its maintenance so long as it shall maintain a four year High School of the above standard. Sec.- 4. This act shall take effect and be in force from and after its passage. Approved March 5, 1915. CHAPTER 161. STATE TEACHERS' INSTITUTE. Held Annually Secretary and Treasurer. Sec. 1. To promote uniformity in the methods of teaching throughout the state and greater efficiency in the public schools, through lectures, discussion, demonstration, and other means within the scope of institute work, the State Superintendent of Public Instruction shall hold and conduct annually a State Teachers ' Institute at a time and place to be determined by said Superintendent. Said Institute may be held at the same time and place as the annual meeting of the State Teachers' Asso- ciation and concurrently therewith, in case the said association does not require as a condition of membership the payment of a fee or dues by a teacher who has paid the annual certificate registration fee as hereinafter provided. The State Superin- tendent shall appoint a secretary and treasurer of the State Teachers' Institute, and shall have authority to fill any vacancy occurring in either of those offices, and determine the amount of compensation, if any, to be paid said officers respectively; 132 SCHOOL LAWS OF WYOMING provided, that such compensation shall be paid only out of the funds provided by this act for defraying the expenses of hold- ing and conducting the State Institute. The Secretary and Treasurer so appointed shall hold office at the pleasure of the Superintendent, and the Treasurer shall be required to give a bond in a sum not less than one thousand dollars for the faithful performance of his duties and the faithful accounting for any money which shall come into his hands as such officer, to be approved by the Superintendent ; the fee or charge for said bond to be paid out of the funds made by this act available for defraying the expenses of said Institute. Certificate Registration Fee. Sec. 2. At the time of the first registration of a teacher's certificate of any class in the office of the county superintendent of schools of any county, as required by Section 2022 of the Compiled Statutes, 1910, the teacher named in said certificate shall pay to the county superintendent as a registration fee the sum of one dollar, and thereafter in each school year a like fee of one dollar, to be known as the annual registration fee, shall be paid by each holder of a teacher's certificate of any class, who is engaged in teaching in any of the public schools in the state, to the county superintendent of the county wherein the holder of such certificate is so engaged; provided, that in case any such certificate shall be registered in more than one county during the same school year only one fee shall be paid therefor, the same to be collected by the superintendent with whom the certificate is first registered during that year. The registration fees herein provided for shall be transmitted by each county superintendent of schools to the treasurer of the State Teachers' Institute, with a statement showing the names of the several teachers paying the same, and thereupon the said treasurer shall issue a receipt for the amount to the county superintendent. A duplicate of the statement sent to the treas- urer shall at the same time be transmitted by the county su- perintendent to the State Superintendent of Public Instruction. The form of the report transmitting such fees and the receipt therefor shall be prepared and furnished by the State Superin- tendent of Public Instruction. The fees thus collected shall constitute a fund in the hands of the treasurer of the institute for the payment of the expenses of holding and conducting the said State Teachers' Institute, and the same shall be paid out by the Institute Treasurer upon the order of the Superintend- ent of Public Instruction, attested by the Institute Secretary. The term "school year" as used in this section shall be under- stood and construed to mean the period beginning the first SCHOOL LAWS OF WYOMING 133 day of September and ending the thirty-first day of August of the following calendar year. Sec. 3. This act shall take effect and be in force from and after its passage. Approved March 6, 1915. CHAPTER 162. UNIFORMS FOR SCHOOL CADETS. Sec. 66a. The sum of twenty-one hundred dollars ($2100.00) or so much thereof as may be necessary is hereby appropriated out of the funds of the state treasury not other- wise appropriated, for the purchase of uniforms for the mem- bers of all public school, cadet organizations in the state, which adopt military setting-up exercises [,] drill and calesthenics and conduct the same according to requirements, rules and regula- tions laid down by the State Adjutant-General. Such uniforms' shall be chosen, purchased, distributed and used in accord- ance with the directions of the Adjutant-General, and this appropriation shall be expended under directions of the Adju- tant-General by vouchers rendered in the regular form to the State Treasurer and approved by the Adjutant-General. Section 66a is the only section of Chapter 162 relating to Schools. INDEX TO SCHOOL LAWS Sec. Page Abusive Language Penalty 1959 44 Accounts Balance by Fiscal Officers 260 8 Additional Bond of County Treasurer 2038 67 Admission to High Schools from Other Districts 2076 79 Admission to State University 2078 80 Agriculture Co-operative Appropriation for 2 112 Authority of University Trustees 1 ill Act of Congress Accepted l ill County Agent 5 113 Counties May Unite to Form Districts 4 113 Extension Work 6 113 Extension Work Expert 5 113 Funds Expended How 3 112 Funds for County Work 3 112 Money from Other Sources 6 113 Animals Humane Treatment of 1976 48 Annual Election of District Officers Trustees 1930-31 36 Annual Enumeration Children 1992 Si Annual Fiscal Reports 261 8 Annual Interest Kate Fixed by Board of Deposits- When 2492 101 Annual Report State Board of Examiners 2027 64 Appeal District Boundary Board 5 28 Apportionment of Taxes 1299 25 Arbor Day 3582 110 Assessed Valuation Limit 3 92 Assessments How Determined 1150 19 Assessments When Made 2402 89 Attorney General Duties of 145 6 Must Investigate Violation of Contracts 2010 57 Shall Approve Investment of Land Funds 125 Auditing and Payment of Claims 1949 41 Auditor May Withhold Salaiy 1148 19 Authority of Board to Remove Pupils 1945 40 Biennial Reports State Officers 262 9 Birds Destruction of Eggs Prohibited Penalty 2788 107 Certificates By Whom Issued Bond 2791 107 Game Birds Defined 2788 107 Scientific Use Permitted 2790 107 Term of Certificate _ ._2792 108 136 SCHOOL LAWS OF WYOMING Sec. Page Not Protected 2793 108 Unlawful to Kill Birds 2788 107 Board of Directors County Library 13 18 33 Board of Directors County Library 1321 34 Board of Examiners Appointed by Whom 2013 58 Bond Required of Secretary 2024 63 Certificate Extended on Reading Circle Work 2019 62 Certificate Fees 2023 63 Certificates How Issued 2026 64 Certificates on Examination 2013 58 Certificates Presented from Other States 2018 62 Certificates Special Technical 2017 62 Certificates Without Examination 2014 59 Certificates Valid How Long 2015 60 Certificates Valid for Teaching in What Schools 2016 61 Classes of Certificates Authorized 2013 58 Compensation 2013 58 Compensation Denied to Teachers Without Cer- tificate 2020 62 Compensation to Co. Supt. Without Certificate 22 County Permits Granted When and by Whom 2025 63 Reading Circle Work 2019 62 Reading Circle Recommended by 2021 63 Registration of Certificates 2022 63 Shall Adopt Rules and Regulations 2013 Shall be Established 2013 58 Shall Make Annual Report to State Superintendent_2027 64 Shall Prepare Examination Questions 2013 Shall Recommend Certificates 2013 58 Who Shall Constitute 2013 58 Board of Trustees Advertise for Bids 1946 41 Election of When Increased to Six 1931 37 Meets When 1934 37 Oath of 1929 36 Board of Charities and Reform 436 14 Board of Trustees of University 413 14 Bonded Debt 10 96 Bonding Question Submission to Electors 2066 76 Bond of County Treasurer Additional 2038 67 Bond of District Treasurer 1952 42 Bond Form of Given by State Depositories 2490 99 Bonds Custodian of State _ 106 3 SCHOOL LAWS OF WYOMING 137 Sec. Page Exempt from Taxation 2323 87 Failure to Give 1141 17 For High School District -_206S 75 Guarantee Company 287 13 High School District Payment of 2067 77 How Invested 126 4 Limitation on Expense of 288 14 Of Revenue Officers . 1156 20 Of Treasurer 281 11 Of Treasurer Premium Payable on 283 12 Payable to State When 1155 20 Premium on ._ 126 4 Required When 1157 21 Secretary of Board of Examiners 2024 63 State Auditor 266 9 State Treasurer 266 9 Surety 286 13 Surety Company Expense of 286 13 Sureties on 285 13 Konds and Oaths 1135 16 Bonds Exempt from Taxation 2323 87 Bonds Recovery of Duty of Attorney General 2497 103 Bonds Refunding Custody of 2047 69 Bonds Refunding Sale of 2048 70 Bonds of Revenue Officers 11 56 20 Bonds of State Officers 106 3 Bonds of State Officers 266 9 Books Paid for by Order on District Treasurer 2005 56 Books Paid for from Public School Land Inc.ome Fund 2004 56 Books Property of District 2011 57 Bribes Penalty 2508 106 Canvass After Election for High School District 2058 73 Certificates for Collecting Birds Bond 2791 107 Certificates Teachers Must be Registered Annually 2 121 Certificates of Graduation 2078 80 Certificates How Issued 2026 64 Certificate Necessary for Compensation 2020 62 Certificates Periods for Which Valid 2015 60 Certificates Positions for Which Valid 2016 61 Chairman and Secretary District Boundary Board 2 27 Change in County Boundaries Effect on School Districts_l972 47 City or Town Limit of Increase in Taxation 1 92 Cfty Superintendent and Others to Report Failure 3 31 Clerk to Certify Number of Teachers 1 24 Clerks of State Boards Compensation 271 10 138 SCHOOL LAWS OF WYOMING Sec. Page Clerk Shall Keep Accounts 1982 49 Collateral Security May Be Given by State Deposi- tories 2491 100 Collector of Taxes 1183 22 Collection of Tax 2069 77 Collection and Disposition of Fines 1970 46 Compulsory Education 1956 43 Duty of Truant Officer 1957 43 Duty of District Board 1958 44 Duty of County Superintendent 1958 44 Duty of Teacher 1958 44 Free to All Children 1956 43 Computation of Mileage 1138 17 Condition of Bond 284 12 Contingent Funds 252 Contingents of State Officers 249 6-7 Copies of Records as Evidence 1147 18 Corporate City in One District 4 27 Counties Classification of 15-16 County Commissioners May Call Special Election 2110 83 Shall Equalize Assessments 2403 89 Limit 2 92 County Library Board of Directors 13 18 33 Librarian 1319 33 Location of 1319 33 Purchase of Books for 1318 33 Tax to be Levied Amount 1316 32 Tax How Levied and Collected 13 17 32 To be Free 1320 34 Use of Books 1321 34 County Library Tax Limit as Amended by S. L. 191 5 8 95 County Officers to be Elected __i 2091 82 County Officers Duties of 2091 82 Election Occurs When 2091 82 How Paid 1145 18 May Appoint Deputies When 1151 20 Mileage of : 1138 17 Time of Qualifying 1136 16 Vacancies 2112 83 Vacancies '. 1137 16 County School Tax Limit 7 IS SCHOOL LAWS OF WYOMING 139 Sec. Page County Superintendent Must Hold and File Teacher's Certificate 1 22 County Superintendent Oath and Bond 1296 23 County Superintendent Send Duplicate Statement Fees to State Superintendent 2 County Superintendent Send Fees to Treasurer of State Teachers' Institute 2 County Superintendent Shall Report Enumeration of Children 1996 County Superintendent of Schools Apportionment of County School Funds 1299 25 Bond of 1296 23 County School Fund How Apportioned 1299 25 Office at County Seat 24 Records of Office 24 County Teachers' Institute 1305 29 Duties of 1298 23 Failure to Make Reports Penalty 1303 29 May Appoint Deputies 1306 30 Oath and Bond 1296 23 Prohibited from Teaching 1296 23 Reports of 1298 23 Report of Enumeration to State Superintendent 1996 53 Salary Oi 1297 23 Shall Distribute Blanks 1298 23 Shall Visit Schools 1302 28 Supervision and Appelate Authority of 1304 29 Supplement Apportionment 1300 26 Teachers' Institute How Conducted 1305 29 County Treasurer Collector of Taxes 11S3 22 Custodian of County Funds 1186 22 Shall Have Custody of Funds _2037 67 Shall Receive School Money 2405 90 Coupons of Refunding Bonds^Where Paid ,-2043 68 Course of Study by State Superintendent 1 31 Course of Study High School 2074 79 Court Officers May Give Surety Bonds When Ex- pense 286 13 Custodian of County Funds 1186 22 Custody of Refunding Bonds 2047 69 County Teachers' Institutes 1305 29 Defacing School Property Penalty for 1959 44 Depositories Interest 2501 104- 140 SCHOOL LAWS OF WYOMING Sec. Page Depositories Must Keep Accurate Accounts and Submit Same to State Treasurer When 2493 101 Depositories Public Money How Applied for 2488 97 Deposits by State Treasurer Limitations 2489 98 Deposits Collateral Security 2404 105 Deposits County, City School Banks Applying for 2500 103 Deposits Interest and Security 2490 98 Deposits Interest How Computed 2502 104 Deposits Liability of State Treasurer 2494 101 Deposits "Proper Governing Board" 2499 103 Deposits Security Required 2503 104 Deposits State Interest on How Computed 2493 101 Deposits Withdrawal by State Treasurer 2494 101 Deputies of State Officials 269 10 Designation of State Depositories 2488 97 Destruction of Eggs Penalty 2789 107 Diploma Certificates 2017 61 Director to Preside at District Meetings and Countersign Orders 1977 48 Director of District to Appear in Actions 1979 48 Director Shall Qualify 1941 40 Discrimination on Account of Sex or Religious Belief Prohibited 1965 45 Dismissal of Incompetent Teachers Recommended by County Superintendent 1302 28 Disposition of Fines 6116 110 Distribution of State School Funds 1997 53 District Board Appoint Visiting Committee 1948 41 May Establish Manual Training Schools 1975 48 May Remove Scholars 1945 40 Meets When 1934 37 Members May Administer Oaths When 1944 40 Powers and Duties of 1943 43 'Shall Audit and Pay Claims 1949 41 Shall Meet When , 1942 40 District Boundary Board Appeal 5 28 Chairman and Secretary 2 27 Corporate City in One District 4 27 Funds of New Districts 6 28 Members and Duties l 26 Notice to District Clerk 3 27 District Clerk to Certify Debt Limit 1981 49 District Formed from Portion of Two Counties _ ._1926- 36 SCHOOL LAWS OF WYOMING 141 Sec. Page District Meeting May Adopt Rules of Order 1937 39 District Officers Duties of Clerk to Certify Debt Limit , 1981 49 Clerk Duties of 1980 48 Clerk Shall Defend Districts in Suits 1979 48 Clerk Shall Keep Accounts 1982 49 Director Shall Countersign Orders 1977 48 Director Shall Defend District in Suits 1979 48 Director Shall Preside at Meetings 1977 48 District Money How Received 1989 5l District Meetings Notice of 1983 49 Drafts and Orders How Drawn 1978 48 Enumeration of Children 1992 51 Enumerator Employment of 1993 52 Enumeration Penalty for Making False 1994 52 Enumeration Penalty for Failure to Make 1995 52 Flag to Be Displayed on School House 1991 5l Funds for Teachers 1988 5l Penalty for Failure to Make Report 1 50 Report of Clerk to County Superintendent 1984 49 Report of Treasurer 1986 50 School House Fund . 1988 51 Teachers' Fund 1987 50 Treasure- Duties of 1986 50 Treasurer Shall Publish Report 1986 50 Treasurer Shall Receive District Money 1989 51 Treasurer Shall Render Statement on Request 1990 5l Districts How Annexed to High School Districts 2080 80 Donations County Library 1319 33 Drafts and Orders How Drawn 1978 48 Duplicate Remittance Slips 1 26 Duty of County Superintendent 2 25-31 Duties County Superintendent 1298 23 Duties District Clerk 1980 48 Duties District Clerk 1984 49 .Duties of District Treasurer Publication of Report 1986 50 Duty Secretary State Board of Examiners 2324 63 Election by Ballot High School District 2057 72 Election for and Issuance of School Bonds 2029 65 Election High School District 2054 72 Eligibility to Share in Annual Apportionment 4 32 Employment and Payment of Teachers 1955 43 Employment of Counsel 1969 46 Employment of Enumerator , 1993 52. Enumeration Delinquent Pupils 1958 44 142 SCHOOL LAWS OF WYOMING Sec. Page Equalization of Assessment 2403 89 Establishment of High Schools in District 1. 1953 42 Estimate for Maintenance of High School When Bonds Are Issued 2068 77 Examinations Required 1966 46 Excess of Tax Levy Unlawful 11 96 Faculty High School 2072 78 Failure to Enumerate Penalty 1995 52 Failure to Give New Bond 1141 17 Failure to Make Report Penalty 1 50 Failure to Make Report Penalty 1303 29 Failure Trustees to Open Election High School Dis- trict 2055 72 Fake Enumeration Penalty 1994 52 Fee Annual Registration of Certificate 2 121 Fee On Application for Certificate 2023 63 Fines 250 7 Fines Disposition of 6116 110 Fines To Whom May be Paid 6117 110 First Election of Trustees Officers of District 1928 36 Flag to be Displayed on School House 1991 Si Form of Bond Given by State Depositories 2490 99 Free Text Books Attorney General Must Investigate Violation of Contract 2010 57 Books Paid for from What Fund 2004 56 Books Paid for by Order on District Treasurer 2005 56 Books Property of District 2011 57 Contract Supplied by State Superintendent 2009 57 Contract Violation of 2010 57 Directors May Contract for 2002 55 Duty of School Directors 2002 55 Duty Superintendent of Public Instruction 2008 56 Orders From What Funds Paid 2006 56 Publisher Becoming Member of Trust Nullifies Con- tract 2007 56 Publishers Must File Bond 2003 55 Pupils May Purchase Books 2012 State Superintendent Shall Receive Sworn Price Lists 2008 56 Text Books in Public Schools 2002 55 Free to All Children Public School 1956 43 Fund Appropriated , 1 90 Funds County, City, School 2499 103 Funds of New Districts _ 6 28 SCHOOL LAWS OF WYOMING 143 Sec. Page Funds Not Deposited 2495 102 Funds Not Deposited 2505 105 Funds on Which Orders May be Drawn to Pay for Text Books 2006 56 Funds Permanent Investment of 2498 103 Game Birds Defined 2788 107 Garnishment of Public Officer 4797 110 General Election Who May Vote 2092 83 Government High School 2073 79 Governor Free Access to State Offices 83 3 May Require Reports When 84 3 Reports to 84 3 Shall Appoint Trustees of University 413 14 Shall Approve Investment of Land Funds 125 3 High School Districts Admission of Pupils from Other Districts 2076 79 Annexation of District 2080 80 Appointment First Trustees 2059 73 Body Corporate 2052 71 Bonds Payment of 2067 77 Canvass 2058 73 Collection of Tax 2069 77 Courses of Sti'dy 2074 79 Certificates of Graduation 2078 80 Commissioners' Action on Return of Election 2083 81 Election Called by Commissioners 2054 72 Election Failure of Trustees to Open 2055 72 Election Judges of 2056 72 Election by Ballot 2057 72 Election of Trustees Time 2060 74 Employment of Faculty 2072 78 Estimate for Maintenance When Bonds Are Issued_2068 Formation 2051 71 Formed How 2053 71 Free to Bona Fide Residents 2079 80 Government 2073 79 Maintenance of High Schools 119 Mileage of Trustees 2077 80 Petition for Annexation . 2081 80 Powers of Board 2064 Quorum 2062 74 Record of Proceedings 2070 77 Submission of Bonding Question to Electors 2066 76 Submission of Question 2082 81 144 SCHOOL LAWS OF WYOMING Sec. Page Tax Levy and Bond 2065 75 Trustees Terms 2061 74 Trustees to Provide Suitable Buildings 2071 78 When Created . 2059 73 Where Located 2063 7l High Schools Elimination of District from High School District 2 119 High Schools Funds for Maintenance of Tax Limit 1 119 High Schools Taxing Power Continues 3 119 How School District Shall be Numbered 1926 36 How Law Concerning Kindergarten Can be Carried Into Effect 2001 55 Humane Treatment of Animals 1976 48 Indebtedness in Excess of Constitutional Limit Void 1353 35 Interest Annual Rate Fixed by Board of Deposits When 2492 97 Interest on Public Warrants 3365 109 Interest on State Deposits How Computed 2493 101 Interest Rate Not Effective When 3364 109 Inspection by Governor 83 3 Inventory of State Property 268 10 Issuance of Certificates Without Examination 2014 59-60 Joint Institutes 2 30 Judges of Election 2056 72 Kindergarten Shall Be Part of School System 1999 54 Kindergarten Teachers 1999 54 Land Funds How Invested 125 3 Land Funds How Invested 126 4 Land Income Funds Available When 2485 90-91 Law Not Changed in Reference to Apportionment 2000 54 Legal Advisor of County Officers 1207 22 Legal Holidays 3581 109 Levy of Taxes 2403 89 Liability of Treasurer for School Money 1974 48 Librarian County Library 1319 33 Libraries to be Free 1320 34 Library Tax How Levied and Collected 13 17 32 Limitation on Expense of Bond 288 14 Location of County Library 1319 33 Manner of Conducting Annual Meeting 1939 39 Manual Training Schools 1975 48 May Appoint Deputies 1306 30 Meetings of Board _ 1942 40 Members and Duties of District Boundary Board 1 26 Membership of State Board of Deposits 2487 97 SCHOOL LAWS OF WYOMING 145 Sec. Page Members of Board May Administer Oaths 1944 40 Method of Estimating Levy 4 92 Method of Estimating Levy 5 93 Mileage of County Officers How Computed 1138 17 Misdemeanor 12 96 New Bonds When Required 1157 21 Notice of District Meetings 1983 49 Notice of Formation of New District 1926 35 Notice to District Clerk District Boundary Board 3 27 Oaths of Directors 1929 36 Objects in Voting Money to be Designated 1936 39 Officer Failing to Pay Over Money Penalty 1971 47 Officer Filling Vacancy to Give Bond 1142 18 Officers Deposit Monthly on First Monday 2486 97 Officers Responsible for Acts of Deputies 11 52 20 Officers to be Paid in Warrants 1145 18 Office, County Superintendent 1 24 Offices of County Officers 1134 16 Official Bonds in Surety Company Expense 287 13 Official Bonds Payable to State 1155 20 Official Written Reports 84 3 Official Year Defined 1146 18 Payment of Bonds 2067 77 Payment of Refunding Bonds 2046 69 Penalty Limitation -of Expense 250 7 Penalty Failure to Publish Accounts 254 8 Penalty for Misapplication of Funds by Trustees 2036 66 Perjury by Surety 1143 18 Permits Granted to Teach When and by Whom 2025 63 Persons Disqualified from Voting or Holding Office 2275 84 Petition for Annexation to High School District 2081 80 Petition for Annexation to High School District 2082 81 Physical Examination of Pupils Board of Trustees to Enforce Act 117 Charts for Testing Eyes 115 Duty of State Superintendent 116 Questions Used in Testing Eyes, Ears, Etc 115-116 Reports To Whom Made 116 Records of Results 116 Teacher to Make Examinations 115 Use of Drugs or Instruments Forbidden 115 Platte County Appropriation for Relief of 111 Pledge for Payment of School Bonds 2031 65 Population How Determined 1149 19 Posting Notices 1926 35 146 SCHOOL LAWS OF WYOMING Sec. Page Power to Appoint Deputies 1151 20 Power of Trustees to Establish Kindergartens 1998 54 Powers and Duties of District Board 1943 40 Power of Deputies Bonds 11 53 20 Powers of District Meeting 1935 38 Premiums on Bonds 283 12 Preparation of School Bonds 2035 66 Procedure in Removal 1160 21 Profit Making Prohibited 2507 106 Property Exempt from Taxation 2321 86 Property Exempt from Taxation 2322 86 Property Subject to Taxation 2324 87 Publication of Accounts 253 8 Public Kindergarten Funds How Provided 2001 55 How Established 1998 54 Law Not Changed in Reference to Apportionment 2000 54 Powers of Trustees to Establish Kindergartens 1998 54 Shall be Part of School System 1999 54 Teachers for 1999 54 Public Money to be Paid Into Treasury 1144 18 Publisher Becoming Member of Trust Nullifies Contract_2007 56 Publishers Must File Bonds 2003 55 Pupils Admitted from Adjoining Districts 1945 40 Pupils May Purchase Books 2012 57 Qualifications of Electors 1940 40 Qualifications of Office Holders 2273 84 Qualifications of Sureties 1140 17 Reading Circle Books 2021 63 Records County Officers '. 1134 16 Records County Superintendent 2 24 Recovery of Bonds Duty of Attorney General 2497 103 Redemption of Refunding Bonds 2045 69 Redemption of School Bonds 2033 66 Refunding Bond Fund _ 2048 70 Refunding Bond Fund 2049 70 Refunding Bond Fund 2050 70 Refunding Bonds Form, Time and Interest 2040 67 Refunding Bonds Signature and Sale 2042 68 Refunding School District Bonds Balance How Paid 2049 70 Balance in Hands of County Treasurer 2049 70 By Whom Signed 2042 68 Coupons Where Paid 2043 68 Duty County Treasurer 2047 69 SCHOOL LAWS OF WYOMING 147 Sec. Page Duty of School Directors as to Redemption 2045 69 Form of Bond, Time and Interest 2040 67 Funds Realized from Sale of 2048 70 Interest on Refunding Bonds 2040 67 Payment for How Pledged 2046 69 Power of Board to Issue Refunding Bonds 2039 67 Property in District Pledged for Payment 2046 69 Redemption of Bonds 2045 69 Refunding Bonds How Issued 2039 67 Registration of Bonds 2041 68 Sale of Refunding Bonds 2042 68 Surplus How Used 2050 70 Tax to Pay Interest and Principal 2044 68 Refusal to Deliver Records to Successor Penalty 1968 46 Registration of Certificates 2022 63 Registration of Certificates Fee for 2 121 Registration of Refunding Bonds 2041 68 Regular Meetings of District 1934 37 Relief of Platte County Appropriation ill Removal of Officers 1159 21 Repeal Relating to Albany County Land Income Fund 2 91 Residents Bona Fide No High School Tuition 2079 80 Resignation of Elective Officers 2276 85 Restriction Upon Public Officers in Contracting 280 11 Returns of Election to High School District 2083 81 Salaries of Deputies _ 1 270 10 Salaries of Officers of State Institutions 263 9 Salaries of State Officials 136 6 Salaries When Due 264 9 Salaries When Paid 1158 21 Salary County Superintendent 1297 23 Sale of Bonds Application of Proceeds 2030 65 Sale of Collateral 2496 102 Sale of Refunding Bonds 2048 70 School Boards May Call Election to Determine Issue of School Bonds 2028 64 School Board May Issue Refunding Bonds 2039 67 School Bonds Payment of Interest 2034 66 School Bonds Preparation of 2035 66 School Census 1992 57 School Code Committee Appointment by Governor 1 117 Appropriation for 5 118 Compensation 4 118 Duties _ 3 118 148 SCHOOL LAWS OF WYOMING Sec. Page Meetings Organization 2 117 Membership of 1 117 School District Bonds Additional Bond of County Treasurer 2038 67 Authority to Issue 2028 64 Bond Election 2029 65 Bonds Preparation of 2035 66 Bonds Sale of 2030 65 County Treasurer Shall Have Custody of Funds 2037 67 Election to Determine Issue of 2028 64 Interest on Bonds How Paid 2034 66 Issue of Bonds 2029 65 Payment of Interest on 2034 66 Penalty of Misapplication of Funds by Trustees 2036 66 Pledge for Payment of 2031 65 Proceeds for Sale of Bonds 2030 65 Redemption of Bonds 2033 66 Sale of Bonds 2030 65 Tax Levy to Redeem and Pay Interest 2032 65 School District Organization and Powers Annual Election of Trustees 1930 36 Auditing and Payment of Claims 1949 41 Board May Remove Scholars 1945 40 Board Shall Advertise for Bkls 1946 41 Bond of District Treasurer 1952 42 District Meetings : 1935 38 District Officers 1930 36 Election of Trustees When Number Is Increased to Six 1931 37 Electors Powers of 1935 38 Employment and Payment of Teachers 1955 43 Establishment of High Schools 1953 42 First Election of Trustees Officers of District 1928 36 How Affected by Changing County Boundaries 1972 45 Manner Conducting Annual Meeting 1939 39 Meeting May Adopt Rules of Order 1937 39 Members of Board May Administer Oaths 1944 40 Meeting of Board 1942 40 Notice of District Meeting 1950 41 Notice of Formation of New Districts 1926 35 Number of Schools to be Taught 1935 38 Oath of Directors 1929 36 Object of Voting Money to be Designated 1935 38 Powers and Duties of Board 1943 40 Powers of District Meeting 1935 38 SCHOOL LAWS OF WYOMING 149 Sec. Page Qualifications of Electors 1940 40 Regular Meetings of Board and Fiscal Year 1934 37 Sale of School House 1935 38 School District to be Body Corporate 1933 37 School District Seal ,. 1932 37 School House Site of 1935 38 Separate School for Colored Children 1954 42 Settlement with Treasurer 1947 41 Special District Meeting 1950 41 Transfer of School Funds 1938 39 Treasurer Should Report to District Meeting 1947 41 Vacancies in Board How Filled 1951 41 Visiting Committee 1948 41 School District Tax Limitation 9 95 School Funds Distribution by County Superintendents_l299 25 School House Fund 1988 5l School Land Board 602 15 School Offences .Defined Penalty 1959 44 School Officers Shall Not Be Agents for. School Supplies Penalty 1961 45 School Week and Month Defined i960 45 School Taxes To Whom Paid 2405 90 School Year Defined 2 121 Scientific Use of Birds Permitted 2790 107 Security Collateral May be Given by State Deposi- tories ,2491 100 Settlement with Treasurer Report to District Meeting 1947 41 Special Cases Powers and Compensation 1154 20 Special Certificates 2017 61 Special County Elections 2110 83 Special District Meetings Requisites of Notice 1950 41 Special Elections Who May Vote 2113 84 Special Primary Certificates 2017 61 Special Technical Certificate 2017 62 State Board of Charities and Reform Secretary 443 15 State Board of Charities and Reform Who Members 436 14 State Board of Deposits 2487 97 State Board of Examiners Discretionary Powers 2019 62 State Board of Examiners Shall be Judge of Equiva- lency 2018 62 State Board of School Land Commissioners Powers of 602 15 State Officers Biennial Report Filed When 262 9 Contingents of 252 Contingent Funds of 251 7 150 SCHOOL LAWS OF WYOMING Sec. Page Deputies of 269 10 Dishonest Vouchers Penalty 25 l 7 Elected When Elective Officers 2088 82 Inventory of Property 268 10 Limitation of Expense 249 6 Receipts to be Attached to Vouchers 25 1 7 Records of Contingent Funds Open to Public In- spection 251 7 Reports to Governor 261 8 Salaries of 136 6 Salary Only Compensation 263 9 Salary Paid Monthly 264 Shall Balance Accounts When 260 8 Shall Reside at Capital 137 6 Sureties for 265 9 State Superintendent of Public Instruction Attorney General Legal Advisor of 145 6 Disposition of Donated Books, Etc 134 Disposition of School Land Funds 135 General Duties of 133 4 Must Furnish Form of Contract 2009 57 Report to Governor 133 4 Report to Legislature 133 4 Shall Conduct Annual State Teachers' Institute 120 Shall File Report 133 4 Shall Furnish Report Blanks 116 Shall Make Rules and Regulations 133 4 Shall Prepare Charts for Physical Examination of Pupils 115 Shall Prepare Course of Study 31 Shall Prescribe Rules for Making Physical Tests 116 State Teachers' Institute Funds for 2 121 Funds How Paid Out 2 121 Held Annually 1 120 Object 120 Officers Compensation 120 Officers How Appointed 120 Secretary and Treasurer 120 Treasurer Shall Give Bond 120 State Treasurer Authorized to Receive Donations for Schools 1973 47 State Treasurer Shall Keep School Fund 1962 45 Submission of Bonding Question to Electors 2066 36 SCHOOL LAWS OF WYOMING iSl Sec. Page Superintendent of State Institutions Shall Report When 262 9 Superintendents Unite in Giving Notice 1926 36 Supervisory and Appellate Authority 1304 29 Supplementary Appointment 5 26 Sureties on Bonds . 282 12 Sureties on Official Bonds How Released 285 13 Sureties of State Officials 265 9 Sureties Qualifications of 1140 17 Surplus in Refunding Bond Fund How Used 2049 70 Surplus in Refunding Bond Fund How Used 2050 70 Tax for School Purposes 2401 88 Tax Levy Detail Illustration of 6 93-94 Tax Levy Excessive Levy Unlawful 96 Tax Levy High School Bonds 2065 75 Tax Levy Purposes Limitations 2320 85 Tax Levy to Redeem and Pay Interest on School Bonds 2032 65 Tax List Form of 2343 88 Tax to be Levied County Library 1316 32 Tax to Pay Interest and Principal Refunding Bonds 2044 68 Taxes How Equalized 2403 89 Taxes Manner of Collecting _2404 90 Teachers' Certificates 2013 58-59 Teachers' Fund .. 1987 50 Teachers' Report A967 46 Teachers to Make Physical Examination of Pupils 115 Temporary Certificates 2017 61 Temporary Certificates 2025 63 Term of Bird Certificate '. 2792 108 Testimony How Taken 1161 21 Text Books in Public Schools 2002 55 Text Books State Superintendent of Public Instruc- tion 2008 56 Time for Which Notices Must be Posted 1926 35 Time of Making County Levy 2343 88 Time of Qualifying 1136 16 Transfer of School Funds 1938 39 Transportation Expenses 1139 17 Treasurer to Render Statement on Request 1990 51 Treasurers' Bonds Bondsmen and Sureties 281 11 Treasurers' Liability 2506 106 Treasurers Shall Receive District Money 1989 51 Triplicate Reports of State Officers 262 9 Truancy Duty of Officers 1957 43 Truancy Officers Remuneration 1957 44 152 SCHOOL LAWS OF WYOMING Sec. Page Trustees Mileage No Compensation Reports 2077 80 Trustees University of Wyoming 413 14 Tuition Admission High School 2075 79 Tuition Fee May be Required 1945 40 Unlawful to Kill Birds Penalty 2788 107 Use of Books County Library 1321 34 Vacancies in County Offices How Filled 1137 16 Vacancies in Elective Offices How Made 2277 85 Vacancy in Office How Determined 2112 83 Vacancy in State Office 2087 82 Vacancy on Board of Trustees How Filled 1 195 1 41 Vaccination Penalty for Neglecting 2940 108 Visiting Committee 1948 41 Visits of County Superintendents 1302 28 Vouchers 251 7 When Board May Advertise for Bids 1946 41 Woman Suffrage 2274 84 YC 06604 UNIVERSITY OF CALIFORNIA LIBRARY