UC-NRLF 
 
 LB 
 
 ZSZ9 
 G43 
 
 $B EQ 3Q3 
 
GIFT OF 
 
 SitoAi^ cr^ Cl&JCy\.^^,x!jX. 
 
Georgia School Laws 
 AND Decisions 
 
 PUBLISHED BY THE 
 
 Department of Education 
 
 M. L. BRITTAIN, 
 
 STATE SUPERINTENDENT OF SCHOOLS 
 1911 
 

 Digitized by the Internet Archive 
 _, in 2007 with funding from 
 ■_l\/licrosoft Corporation 
 
 iive.org/details/compilationoflawOOgeorrich 
 
COMPILATION 
 
 OF 
 
 LAWS AND DECISIONS 
 
 RELATING TO THE 
 
 PUBLIC SCHOOL SYSTEM 
 
 OF 
 
 GEORGIA 
 
 " For every pound you save in education you will spend five in prosecutions, in 
 prisons, in penal settlements." Lord Macaulay. 
 
 " Among the duties of parents to their children is that of giving them an education, 
 suitable to their station in life; a duty pointed out by reason as of the greatest 
 importance. For, as Puffendorf well observed, it is not easy to imagine or to allow 
 that a parent has conferred any considerable benefit upon his child by bringing him 
 into the world, if he afterwards entirely neglects to culture his education and suffer 
 him to grow up like a mere beast to lead a life useless to others and shameless to 
 himself." Sir William Blackstone, 
 
 1911 
 
'-^ 
 
 MEMBERS OF THE STATE BOARD 
 OF EDUCATION 
 
 MEMBERS EX-OFFICIO 
 Governor Hoke Smith, President. 
 State Superintendent of Schools, M. L. Brittain, 
 
 Secretary and Executive Agent. 
 
 MEMBERS BY APPOINTMENT 
 
 Judge Thomas G. Lawson, Eatonton, Ga. 
 
 Term ending September 5, 1913. 
 Prof. J. C. Langston, Sylvania, Ga. 
 
 Term ending September 5, 1913. 
 Prof. Jere M. Pound, Barnesville, Ga. 
 
 Term ending September 5, 1915. 
 Prof. T. J. Woofter, Athens, Ga. 
 
 Term ending September 5, 1915. 
 
;i 
 
 PREFACE 
 
 IT was my wish in this publication to arrange more sys- 
 tematically our School Laws and to omit those no longer 
 in force, by reason of recent legislation. I desired in the 
 interest of the teachers, school officials, and patrons to make 
 this pamphlet a clear and intelligible text-book on the sub- 
 ject. The changes required, however, in order to carry this 
 plan into execution were so numerous and vital that they 
 could not be made without authority from the Legislature. 
 This compendium is, therefore, practically the same as 
 previous pamphlets on the subject except that some explan- 
 atory notes and the general school legislation of 1910 and 
 1911 have been added. If consent can be secured from the 
 next General Assembly these laws, some of them obsolete 
 and conflicting, should be rearranged and codified. 
 
 Very truly, 
 
 M. L. Brittain, 
 State Superintendent of Schools. 
 
 242845 
 
Constitution 
 
 ARTICLE VIII. 
 
 EDUCATION. 
 
 Section I. 
 Paragraph I. There shall be a thorough system of com- 
 mon schools for the education of children in the elementary 
 l)ranches of an English education only, as nearly uniform 
 as practicable, the expense of which shall be provided for 
 by taxation, or otherwise. The schools shall be free to all 
 children of the State, but separate schools shall be provided 
 for the white and colored races. 
 
 Note. — The Constitutional amendment of 1910 delegated to coun- 
 ties the right to levj' a tax for educational purposes, modifying the 
 restrictive clause in paragraph 2, section 6, article 7, of the Con- 
 stitution. 
 
 Section II. 
 Paragraph 1. There shall be a State School Commissioner 
 elected by the people at the same time and manner as the 
 Governor and State-house officers are elected whose term of 
 office shall be two years, and until his successor is elected and 
 (pialified. His office shall be at the seat of the government, 
 and he shall be paid a salary not to exceed two thousand dol- 
 lars ($2,000) per annum. The General Assembly may sub- 
 stitute for the State School Commissioner such officer or 
 officers as may be deeuiod necessary to perfect the system 
 of public education. 
 
 NoTK. — State Superintendent of Schools' substituted for State 
 School Commissioner. 
 
 Section III. 
 Paragraph I. The poll tax, any educational fund now 
 belonging to the State (except the endowment of, and debts 
 due to, the University of Georgia), a special tax on shows 
 and exhibitions, and on the sale of spirituous and malt liquors, 
 which the General Assembly is hereby authorized to assess, 
 ;nid the proceeds r>f any (^om^inntation tax fot* military 
 
() Ob^'lPil'..('n:f)^^f)i'*C'()M.\i()X School Laws. 
 
 service, and all taxeis that may be assessed on such domestic 
 animals as from their natnre and habits, are destrnctive to 
 other ])ro])(M't_v, ai'e herebY set ajmrt and devoted to the 
 
 support of common schools. 
 
 Note. — A fixed sum is now appropriated to the common schools 
 amounting in 1911 to $2,500,000. 
 
 Section IV. 
 l^aragraph 1. Authority may be granted to comities, u])on 
 the recommend a ti(>n of two grand juries, and to municipal 
 corporations upon the recommendation of the corporate 
 authority, to establish and maintain public schools in their 
 respective limits, by local taxation ; but no such local laws 
 shall take effect until the same shall have been submitted to 
 a vote of the qualified voters in each county or municipal 
 corporation, and approved by a two-thirds vote of persons 
 qualified to vote at such election ; and the General Assembly 
 
 may prescribe who shall vote on such question. 
 
 Note. — McMichael Act, amended August 22, 1907, provides that 
 two-thirds of those voting shall be necessary to carry the election 
 for local taxation for public schools. 
 
 Section Y. 
 
 Paragraph 1. Existing local school systems shall not be 
 affected by this Coustituti(m. Nothing contained in section 
 first of this article shall be construed to deprive schools in 
 this State, not common schools, from ])artici])ation in the 
 educational fund of the State, as to all ]mpils tiierein taught 
 in the el; nieutary branclu s of an Knglish education. 
 Section VI. 
 
 Paragraph I. The Trustees of the University of Georgia 
 may accept bequests, donations and grants of land, or other 
 property, for the use- of said University. In addition to the 
 payment of the annual interest on the debt due by the State 
 to the University, the General Assembly may, from time to 
 time, make such donations thereto as the condition of the 
 treasury will authorize. And the General Assembly may 
 also, from time to time, make such appropriations of money 
 as the condition of the treasury will authorize to any college 
 or university (not exceeding one in number (now established, 
 or hereafter to be established, in this State for the education 
 of ])ei-sons of color. 
 
PART I. 
 
 School Laws 
 
 STATE BOARD OF EDUCATION. 
 
 Members. 
 
 Section 1. Be it enacted bv the General AsseniUly of the 
 State of Georiria, and it is herebv enacted hv anthoritv of ^^^l^t °^ 
 
 ~ • * " 1887, page 
 
 the same, That the Governor, the Attomey-General, the Secre- 68. 
 tarv of State, the Coni]>trolh'r-General, and the State School 
 (\»nnnisssioner shall constitnte the Georgia State Board of 
 K<hicati(ni. Of this Hoard the Governor shall he e.r-officlo 
 President, and the State School Commissioner the chief ex- 
 ecntive officer. The Clerk of the State School Commissioner, 
 as lureinafter ))rovid('d for, shall Ix' the clerk of the State 
 I>oar(l of K(hicarioii. He shall Im^ the custodian of its 
 records, papers, and effects, and shall keep minutes of its 
 ])roceedinir^, an<l said records, ])apers and minutes shall he 
 kept in the office of the Connuissioncr, an<l shall he (►pen to 
 ins})ection. 
 
 NoTK.— The Acts of 1911 provide that the State Board of Educa- 
 tion shall be composed of the Governor, State Superintendent of 
 Schools, and four other persons who shall be appointed by the 
 Governor; at least three of said appointees shall be men of prac- 
 tical experience in teaching schools and of high standing in educa- 
 tional work, having had at least three years' i)ractical exi)erience ) 
 ill the schools of Georgia. See page 102, 1911 School Laws. 
 
 Meeting — Quorum. 
 
 Ski'. 2. That the said Board shall meet, u])on the call of 
 its President or a majority of its mend)ers, at the office of -^^^^ ^^ 
 the State School Commissioner at the Capitol, or at such Qg 
 other ])lace as may 1k» desiirnatcd in the call. A majority of 
 the l^oard shall constitute a (piorum for transactiuir husiness. 
 
Compilation of Common School Laws. 
 
 Acts of 
 1887, page 
 68. 
 
 Donations for educational purposes. 
 
 Skc. :>. That said Board may take and hold, to it and its' 
 successors, in trust for the State, any grant or devise of 
 lands, or any donation or bequest of money, or other personal 
 property, made to it for educational purposes, and shall forth- 
 with place in the hands of the Treasurer of the State for 
 safe-keeping all moneys and personal property so received, 
 and titles to land, taking therefor a receipt from said officer. 
 When it is evidently the intention of the donor or devisor that 
 the corptis of moneys thus received is not to be used, the 
 General Assembly may, from time to time, invest said moneys 
 in the name of the State; provided, that all moneys obtained 
 under this section, together with the profits accruing from 
 investment, shall be subject to use only for educational pur- 
 poses. The Treasurer of the State shall pay to the order of 
 the Board the income or principal thereof as said Board may, 
 from time to time, require in pursuance of law, but no dis- 
 position of any devise, donation or bequest shall be made in- 
 consistent with the conditions or tenor of the devise, dona- 
 tion or bequest. For the faithful keeping of all property or 
 moneys so received by the Treasurer, he shall be responsible 
 upon his bond to the State, as for other funds received by 
 him in his official capacity. 
 
 Seal. 
 
 Acts of Sec. 4. That the State Board of Education shall procure 
 
 1887, page g^ suitable seal, which shall be used for the authentication of 
 
 the acts of the Board and the important acts of the State 
 
 School Commissioner. 
 
 Acts of 
 1887, page 
 69. 
 
 Advisory body — shears appeals from decisions of State School 
 Commissioner. 
 
 Sec. 5. That the State Board of Education shall con- 
 stitute an advisory body, with whom the State School Com- 
 missioner shall have the right to consult when he is in doubt 
 as to his official duty and also a body in the nature of a 
 court to which appeals shall be made from the decisions of 
 the State School Commissioner upon any question touching 
 th(^ construction or administration of the school laws and the 
 
State Laws. 9 
 
 decision of the State Board, when rendered, shall be final and 
 conclusive upon the matter in issue. Appeals to the State 
 Board must be made through the County Commissioner in 
 writing, and must distinctly set forth the question at law, 
 as well as the facts, in the case upon which the appeal is 
 taken. Upon any question involving the construction or 
 administration of the school laws, the concurrence of a major- 
 ity of the whole Board shall be necessary in order to give 
 vjilidity to the dicision. 
 
 .1 dd'itional Duties of State Board of Education. 
 
 As State Schoolbook Commission, State Board is required 
 to select text-books for the coumion schools of the State. (See 
 Part xi.) 
 
1<> Co.MIMLATlOX OF CoM.MOX SciTOOL LaWS. 
 
 PART 11. 
 
 STATE SCHOOL COMMISSIONER. 
 
 Acts of 
 
 Election — charged with administration of school law and 
 superintendence of common school affairs. 
 
 SiocTiox 1. There shall he a State Schcx^l Conniiissioner 
 1SS7. page elected hy the ])e()])le at the same time and manner as the 
 Governor and Stati-honse otHcers are elected, whose term of 
 office shall he two years and nntil his snccessor is elected and 
 qnalified. His office shall he at the seat of (government and 
 he shall he paid a salary not to exceed two thonsand dollars 
 ($2,000) per annnm. The General Assemhly may snhstitnte 
 for the State School Commissioner snch officer or officers 
 as may he deemed necessary to perfect the system of ])nhlic 
 edncation. He shall he charged with the achninistration 
 of the school laws, and a general superintendence of the 
 
 ISS7, ])n^x- business relatini>- to the common schools of the State. He 
 
 III). . 
 
 shall prescribe suitable forms for the reports recpiired of sub- 
 ordinate school officers and blanks for their guidance in trans- 
 acting their official business, and shall, from time to time, 
 pre])are and transmit to them such instruction as he may 
 deem necessary for the faithful and efficient execution of the 
 school laws, and by whatsoever is thus communicated to them 
 shall they be bound to govern themselves in the discharge of 
 their official duty; prorldcd nerertheless, there shall always 
 be an appeal from the State School Conunissioner to the 
 State Board of Education as hereinbefore emicted. 
 
 Note. — See note under paragraph I, section II, of Constitution; 
 also page 102, 1911 School Laws. 
 
 Some specific duties — Contents of Annual Report. 
 
 ^^.^^^^f Sec. 2. That it shall be the duty of the State School Com- 
 
 1S87. vnixr niissiouer to visit, as often as possible, the several counties 
 of the State for the purpose of examining into the adminis- 
 tration of the school law in said countixs, of counseling with 
 school officers, of delivering popular addresses, of inspecting 
 
State Sciiooi: ( '<>.m missfonki;. 11 
 
 schnol njx'i'atinns, jjii<l of (Iniiiii siicli otlicr acts as lie may 
 (leciii siibtiervieiit t(> the interests of ])(>])iilai' edueatioii. 
 
 Skc. o. The State Seli<M>l (\nmnissioiier shall see that the ;^^^ ^^ 
 
 1S87, page 
 
 jdoper aetiniis proviiled hy law are brought against all ofiieers 70. 
 and agents of the system, who are liable to the sanie, for mis- 
 aj)])ro|)riation of the school fund or other cause. 
 
 Sicc. 4. That the State School ( 'onimissioner shall make 
 an annual rcjioi't to the (ieneral A>send)ly, in which he shall 
 j)resi«nt a statement of the condition and amomit (d' all funds 
 and ])roj)erty ap})ro|)riated to the ]>ur])ose of public education : 
 a statement of the nund)er of connnon and ])ublic schools of 
 the various grades in the State; the niunbei* of scholars at- 
 temling such schools, their sex, color, and the branches tauii'ht ; issT, page 
 a statement of the average cost ])er sch(>lar of instruciion •'^••• 
 under the connnon school system in each county; a statement 
 of the ])lans for the management, extension and im])rovement 
 of the c(jmnion schools; a statement of the nnnd)ei' <»f children 
 of school age in the State, with as much accuracy as the same 
 can be ascertained; also, a statement of the nund>er of ])rivate 
 schools and colleges of the different kinds in the State; the 
 nund)er <d' juipils in such schools or colleges; their sex, the 
 branches taught, the average cost of tuition per scholar in 
 said schools and colleges. 
 
 Salary and expenses of office — oath. 
 
 Si-.r. .'>. That the State School Conmiissioner sliall be en- Acts of 
 titled to receive for his services the sum of two thousand 1?^*' ^"^^ 
 dollars annually in (piarterly installments. All his necessary 
 traveling ex})enses incurred in the performance of his official 
 <luties, and all postage and (jtber expenses absolutely neces- 
 sary arising in his office, shall be paid by the State. He shall 
 also be entitle<l to <Mn}doy one clerk to aid him in his official 
 duties. His clerk shall receive an annual salary, not exceed- 
 ing twelve hundred dollars, to be ])aid (piarterly. The salaries 
 and other i'X])enses nanu^d in this section shall be paid out 
 of the State school fun<l on executive warrant. It shall also 
 \w the duty of said (Mniniissioner to keep an itemized account 
 of all expenses connected with his de])artment, which account 
 shall be audited bv the State Board of Educati<ni. 
 
 71. 
 
12 Compilation of Common School Laws. 
 
 Acts of 
 1887, page 
 
 Sec. 6. That before entering upon the dischar^-e of his 
 71. official duties, the said Commissioner shall take and subscribe 
 
 to the same oath required of other officers of this State. 
 
 Additional Duties of State School Commissioner. 
 
 State School Commissioner is member of State Board of 
 Education (Part 1, Sec. 1) ; uses seal (Part 1, Sec. 4) ; is 
 member of Geological Board (Acts of 1894, page 111) ; Sec- 
 retary and Executive x\gent of State Board of Education 
 (Acts of 1911). 
 
CorxTY Board of Education. 1^ 
 
 PART III. 
 
 COUNTY BOARD OF EDUCATION. 
 
 Each county a school district. 
 
 Section 1. That hereafter each and every county in the 
 State shall compose one school district, and shall be confided i^gj/pa. 
 to the control and management of n Pitinitv Pxcird <>f E<hi- 7i. 
 cation. 
 
 Selection, qualification and term of ofl&ce of members of 
 County Board of Education — Compensation. 
 
 Se*'. 2. That the grand jury of each county (except those 
 counties which are under a local svstem) in this State shall, ^^^ts of 
 
 ''' . . . . 1887 pa""'' 
 
 from time to time, select from the citizens of their respective g2. 
 counties five freeholders, who shall constitute the County 
 Board of Education. Said members shall be elected for the 
 term of four years, and shall hold their oflSces until their 
 successors shall be elected and (|ualified; provided, liowever, 
 that no jniblislier of sch(X)l-books, nor any agent for such pub- 
 lisher, nor any person who shall be pecuniarily interested in 
 the sale • of school-books, shall l)e eligible for election as 
 member of any Board of Education or as County School 
 Commissioner of any county in this State ; provided further, 
 that whenever there is in a portion of any county a local 
 school system having a Board of Education of its own, and j^^^g ^^ 
 receiving its pro rata of the public school fund directly from 1887, page 
 the State School Commissioner, and having no dealings what- 
 ever with tlie County Board of Education, then the members 
 of the County Board of Education of such county shall be 
 selected from that portion of the county not embraced within 
 the territr>rv covered by such local system. 
 
 See Part xiv. Note 4. 
 
 See Part xv, Note 1. 
 
 See 1911 School Laws, page 102. 
 
 Sec. ^k That the members of tlie Board of Education in Acts of 
 each county shall be paid a per diem not to exceed two dollars g^ ' ^^^^ 
 for each day's actnal service ont of the school fund appro- 
 
14 (^OMIMLA'I'IOX OF CoM.MO.X ScilOOL I.AWS. 
 
 ])riatecl to the county; and their acconnts for service shall 
 he submitted for approval to the Ordinary or Conntv School 
 Commissioner ; and they shall not receive any other compen- 
 sation, such as exemption from road and jnry duty. 
 
 Certification of election — removal from office — vacancies. 
 
 Acts of Sec. 4. That whenever members of a County Board are 
 
 188(. pasro (^^(,1(1(1 Qy ap]K)inted in jmrsuance of the provisions of the 
 above section, it shall be the duty of the Clerk of the Superior 
 (\)urt to forward to the State School Commissioner a certiiied 
 statement of the facts, under the seal of the court, signed 
 officially by him, as evidence upon which to issue commis- 
 sions, and the corresponding evidence of the election of a 
 County Commissioner shall be the certified statement of the 
 Secretary |j?'o feni. of the meeting of the Board at which the 
 election was held. Any member or members of the County 
 Board of Education shall be removable by the jndges of the 
 Superior Court of the county, on the address of two-thirds 
 of the Grand dnry, for inefficiency, incapacity, general neglect 
 of duty, or malfeasance or corruption in office ; that the judges 
 of the Superior Courts of this State shall have the power to 
 till vacancies by appointment in the County Boards of Edu- 
 cation for the counties C(Mnposing their respective judicial 
 circuits, until the next session of the grand juries in and for 
 said counties, when said vacancies shall be tille<l by said 
 grand juries. 
 
 See Part xiv, Note 1. 
 See Part xiv, Note 2. 
 See Part xvii, Note 5. 
 
 Officers — sessions. 
 
 Skc. 5. That the Hoard of Education shall elect one 
 of their number President, who shall s( rve as such during the 
 Acts of term for Avhich he was chosen a member of the Board. The 
 (\)unty School Couimissioner shall Ix' e.r-officio Secretary of 
 the Board. A majority of the Board shall constitute a 
 (piornm for the transaction of business. It shall be the duty 
 of said Secretary to be present at the meetings of the Board, 
 and to record in a book, to be provided for the purpose, all 
 their official ])roceedings, which shall be a public record 
 
 1887, page 
 ■79 
 
C^»I N'lV I')(»Ai;i) «)|- KlU CATION. IT) 
 
 «>])(ii to tli(* iiis|K'cti(ni of any person iiitcn'stccl therein, and 
 all such pj'oceediniis, when so reeoi'ded, shall he sii»-ne(] l)y 
 tlie President an<l eonntersiiiiied hy the Seeretary. 
 
 NoTK. — It is imix)rtant that the minutes of the meetings of the 
 County Board of Education shall be kept in full. Expenditures 
 authorized should be itemized. 
 
 Skc. 8. That it sliall he the duty of the County Board of Acts of 
 Kdueation to hohl rejiular sessions on the first Tuesday of 2.^^'- ^""*' 
 the month sueeeedin"- their election, and each three months 
 thereafter, at the court house of the ccauity for the transac- 
 tion of husiness pertainint;: to the piddic schools, with power 
 t(> adjouni from time to time, and in the case of the ahsence Amonded 
 of the Presi<lent or Secretary, they may a])])oint one of their ^^^*^ ^^a<-o 
 own nund)er to serve tem])orarily. r.-j. 
 
 School Sub-Districts — employment of teachers — written con- 
 • tracts with teachers — teachers' reports — appointment 
 and duties of trustees. 
 
 Sk( . 7. That the County Boanls shall lay off their coun- 
 ties into suh-school districts, in each of which suh-school dis- 
 trict they shall estahli.sh one common school each for the Acts of 
 white and colored races where the population of the two races jf,'^" ^^'"^ 
 is sufficient, which .schools shall he as near the center of the 
 suh-school districts as»can c<niveniently he arranged, reference 
 heiuii had to any schoolhouse already erected, and ])0])ulation 
 of said suh-school <listrict, and to the locaticm of white and 
 colored schools with regard to contiguity; provided, howcrev, 
 that in such suh-school districts where more than one school 
 is demanded, then th(»y may estahlish one or more additfonrd 
 schools in such suh-school district: and proridcd, also, that 
 whenever it hecomes ])ro])er to lay off new suh-school districts, 
 or alt(»r the houndaries of those already laid off, the said 
 P>oard shall have full ])ower to make such changes aa the 
 ])ul)lic necessities may recpiire. 
 
 See Part xii. Sec. 1. 
 See Part xiv, Note i\. 
 See Part xiv, Note 9. 
 See Part xiv. Note 11. 
 See Part xvii, Note 7. 
 
 Skc. S. The said (^ountv Boards are also empowered to ^^^^ ^^ 
 employ teachers in the manner hereinafter pointed out, t<» 124. 
 
16 Compilation of Co:\rMoN School Laws. 
 
 servo in the schools under their jurisdiction, and the contracts 
 for said service shall be in writing, signed in duplicate by 
 the teacher on his own behalf and by the County School Com- 
 missioner on behalf of the Board. 
 
 Note. — A large number of the misunderstandings between com- 
 missioners and teachers come from failure to make contracts in 
 writing. 
 
 See Part xiv, Note 8. 
 See Part xiv. Note 10. 
 See Part xiv. Note 12. 
 
 Acts of It shall be the duty of the teachers to make and file with 
 
 1887, page ^]^g Couuty Commissioners at the expiration of each term of 
 school, a full and complete report of the whole number of 
 scholars admitted to* the school during said term, distinguish- 
 ing between males and females and colored and white, to- 
 gether with the names tliereof, and the entire and the average 
 attendance, the branches taught, the number of pupils en- 
 gaged in the study of each of the said branches, and such 
 other statistics as he or she may be required to report by the 
 County Commissioner, or by the State School Commissioner, 
 and until such report shall have been prepared, sworn to and 
 filed by said teacher as aforesaid, it shall not be lawful for 
 said County Commissioner to audit the account of said 
 teacher for his or her services. 
 See Part xv, Note 4. 
 
 Sec. 9. That the County Boards of Education, whenever, 
 1889, page in their opinion, the good of the schools in their respective 
 counties demand it, may, at their discretion, appoint three 
 intelligent, upright citizens of each subdistrict of their 
 respective counties to act as school trustees for their sub- 
 districts, naming one of the appointees to serve for one year, 
 and one for two, and one for three years; and as vacancies 
 occur by the expiration of the terms of incumbents, the Board 
 shall fill those vacancies with appointees whose term of 
 service shall be three years; and should vacancies occur by 
 death, resignation, or otherwise, the Boards of Education 
 shall fill these vacancies for the unexpired term; and whenever 
 School Trustees are chosen as herein provided, the fact shall 
 • be recorded in the minutes of the County Boards, and the 
 appointees shall receive certificates of their appointment 
 from the Countv School Commissioner, and these certificates 
 
 122 
 
County Boakd of Education. 17 
 
 sliall bu their sutiic-ieut warrant fur entering upon and per- 
 forming the duties of their office. That it shall be the duty 
 of the School Trustees herein provided for to supervise the 
 .school ojierations of their subdistricts, to visit the schools, 
 and to make such recommendations to the County Boards, 
 in I'chitinn to the school interests of their subdistricts, as 
 may seem to them best, and especially in the matter of 
 choosing teachers for their bubdistricts. It shall be their 
 right to recommend applicants, and it shall be the duty of 
 the County Boards to choose as teachers the persons so recom- 
 mended ; provided, they shall be persons duly qualified and 
 eligible according to the provisions of existing law; and 
 furthermore, it shall be the duty of the School Trustees, in 
 recommending persons as teachers, to recommend those per- 
 sons who, in their opinion, are the choice of the communities 
 to be served ; and it shall, furthermore, be the duty of the 
 School Trustees to make a written report, once a year, to 
 the County Boards in relation to the matters committed to 
 their supervision, or oftener if required by the County Boards 
 of Education. 
 
 Xoic — Duties of VVz/.v/rrx. 
 
 "You are, therefore, hereby authorized and required to perform 
 all the duties incumbent on you as a Trustee aforesaid, according to 
 law and the trust reposed in you. This commission is to continue in 
 force during active and eflflcient service and for the term pointed out 
 by the laws of the State, which say that this certificate shall be your 
 sufficient warrant for entering upon and performing the duties of 
 your office. These duties are as follows: To visit your school; to 
 inspect the school work in your district, giving special attention to 
 oral and written e.xaminations of pupils; to make general recommen- 
 dations to the County Board of Education for the advancement of 
 the school interests in your district; to aid, by recommendation of 
 desirable applicants, the County Board of Education in choosing 
 teachers for your schools; to see 'that the school house is in good re- 
 pair and equipped for good work, and that the school grounds are 
 properly improved and supplied with shade, fuel, water and other 
 necessaries; to make a written report, once a year, to the County 
 Board, in relation to the matters committed to your supervision, or 
 oftener if required by the County Board of Education. 
 
 "As you have opportunity, impress upon patrons and pupils the 
 importance of regular attendance, of hearty home co-operation, and 
 establishing and using school libraries." — Extract from Trustrc's 
 Commission. 
 
Acts of 
 1887, page 
 
 18 Co.MIMLA'riOX OF Co.MMON SciIOOL LaWS. 
 
 School property — races taught separately — building of 
 schoolhouses — defining and regulating public school 
 term. 
 
 Seo. 10. Tliat the Co\inty Board of Education shall have 
 power to purchase, lease, or rent school sites; to build, repair, 
 3. or rent schoolhouses ; to purchase maps, globes and school 
 
 furniture, and to make all other arrangements of this kind 
 necessary to the efficient operation of the schools under their 
 care; and the said Boards shall also be, and are hereby, in- 
 vested with the title, care, and custody of all schoolhouses, 
 sites, school libraries, apparatus, or other property belonging 
 to subdistricts, as now defined, or as may hereafter be defined, 
 in their several counties, with all power to control the same, 
 in such manner as they think wdll best subsei'\T the interests 
 of common schools; and when, in the opinion of the Board, 
 any schoolhouse site has become unnecessary or inconvenient, 
 they may sell and convey the same in the name of the County 
 Board of Education, such conveyance to be executed by the 
 President or Secretary of said Board according to the ^order 
 of the Board. They shall have power to receive any gift, 
 grant, donation, or devise made for the use of common schools 
 within their respective counties; and all conveyances of real 
 estate which may be made to said Board shall vest the prop- 
 erty in said Board of Education and their successors in office. 
 It shall also be the duty of said Board of Education to make 
 arrangements for the instruction of the children of the white 
 and colored races in separate schools. They shall, as far as 
 practicable, provide the same facilities for both races in 
 respect of attainments and abilities of teachers and length of 
 term-time; but the children of the white and colored races 
 shall not be taught together in any common or public school 
 of this State; and in respect to the building of the school- 
 houses mentioned in this Section, the said Board of Educa- 
 tion may provide for the same, either by labor on the part 
 of the citizens of subdistricts to be served, or by a tax on 
 their property, as may be hereinafter provided. 
 
 1898, page ^EC. 11. The Several County Boards of Education of this 
 '1- -State shall have full power and authority to define and regu- 
 
 late the length of the public school terms of their respective 
 counties. 
 
Judicial tribunal — appeals. 
 
 Sec. 12. Jliat tho County Board of Kdneation shall con- Acts of 
 stitute a tribunal for bearing and determining any matter of J^^"- p^s^ 
 local controversy in reference to the construction or adminis- 
 tration of the school law, with power to summon witnesses 
 and take testimony if necessary; and when they have made a 
 decision, said <lecision shall be binding upon the parties to 
 the controversy; provided, that either of the parties shall 
 have the right to appeal to the State School Commissioner, 
 and said appeal shall be made through the County Commis- 
 sioner in writing, and shall distinctly set forth the question in 
 dispute, the decision of the County Board and the testimony, 
 as agreed upon by the parties to the controversy, or if they 
 fail to agree, upon the testimony as reported by the Com- 
 missioner. 
 
 Vaccination. 
 
 Sec. 13. That the i nnmy Board of Educaiion in the ^^^^ ^j 
 counties of this State, and the Boards of Public Education 188O-81. 
 for the cities of this State be, and they are hereby, authorized ^^^^ 
 and empowered to make such regidations as in their judg- 
 ment shall seem requisite to insure the vaccination of the 
 pu])ils in their respective schools, and may require all scholars 
 or ])upils to be vaccinated as a prerequisite to admission to 
 their respective schools. 
 
 Ad-ditiondl Duties of Members of CoiDity Board of Education. 
 
 County Board of Education authorized to administer oaths in 
 certain instances. (See Part iv, Sec. 9.) 
 
 County Board of Education selects the months (within the proper 
 calendar year) in which schools shall be operated. (See Part v. 
 Sec. 4.) 
 
20 Compilation of Common School Laws. 
 
 PART IV. 
 
 COUNTY SCHOOL COMMISSIONER. 
 
 1 . Term — examination — election — bond — oath. 
 
 Section 1. That the County Boards of Education shall, 
 Acts of from the citizens of their counties, select a County Commis- 
 
 1887, page . /? -ni ^- i i n i jx: ■ 1 
 
 74. sioner oi iiducation, who shall be ex-officio county superin- 
 
 tendent of the common schools, and who shall hold his office 
 for the term of four years. Before election the applicants 
 for positions of County School Commissioner shall be exam- 
 ined by the President of the County Board of Education, or 
 by some one appointed by him or the Board for that purpose, 
 upon written or printed questions, Avhich shall be furnished 
 to the Board by the State School Commissioner — said ex- 
 amination to be upon the subjects taught in the common 
 schools, upon the science and theory of common school teach- 
 ing and government, and upon such other subjects as the State 
 School Commissioner may deem proper. The said County 
 Board of Education shall then elect such applicant County 
 School Commissioner who has stood satisfactory examina- 
 tion, taking into consideration the moral character, business 
 qualifications, and general availability of each applicant. 
 The County School Commissioner so elected shall be required 
 to give bond with good security payable to the County Board 
 of Education, conditioned upon the faithful performance of 
 his duty under the law, the amount and sufficiency of the 
 security to be judged by the County Board of Education. 
 
 Note. — County School Superintendent substituted for County 
 School Commissioner. See 1911 School Laws, page 102, for duties, 
 qualifications, election, etc. 
 
 See Part xvi, Note 8. 
 
 See Part xvii, Note 6. 
 
 Note. — A County School Commissioner may be postmaster, but 
 can not hold any other office of profit or trust under the Govern- 
 ment of the United States or of any of the several States, or of any 
 foreign State. (See Code, Vol. 1, Sec. 223.) 
 
Co^^"^^■ ScHOOL C* » \i m issioxt i.v 21 
 
 Sec. 2. Before entering upon tiio dirfcharge of his official ^cts of 
 duties the said Commissioner shall take and subscrilio to ihe i8>*^7. page 
 
 75 
 
 same oath required of the other officers of this State 
 
 Removal from office — successor. 
 
 Sec. 3. The County School Conunissioner may be removed 
 from office before the expiration of his term by a majority 
 vote of the Board of Education for inefficiency, incapacity, Acts of 
 neglect of duty, or malfeasance or corruption in office; pro- 1^^'' ^^^^ 
 vided, that any Commissioner so removed shall have the right 
 of appeal from the action of the County Board to the State 
 School Commissioner, and from the State School Commis- 
 sioner to the State Board of Education. 
 
 Sec. 4. Should there be a vacancy in the office of Coimty 
 School Commissioner, by resignation or otherwise, an exami- i887. page 
 nation and election for the remainder of the vacant term shall ^'* 
 be held in the same manner, and by the same authorities, as 
 for that of a full term. 
 
 Duties — compensation — office — compensation in special 
 cases. 
 
 Sec. 5. That the County Commissioner shall constitute Acts of 
 the medium of communication between the State School Com- !!^"' ^^^ 
 missioner and the subordinate school officers; that he shall 
 visit each school in his county at least once during the school 
 term, or twice if i)racticable, and oftener if ordered bv the 
 Board, and without notice to the teachers, for the purpose 
 of inspecting its management and the mode of instruction, 
 and of giving such advice and making such suggestions as 
 shall tend to elevate it in character and efficiency. He shall 
 be the agent of the Coimty Board in procuring such school 
 furniture, apparatus, and educational requisites as they may 
 (►rder to k^ purchase<l, and shall see that none but the pre- 
 scribed text-books are used by tlie pupils; that it shall be 
 his duty to audit all accounts of teachers and others bef<u*e 
 an application is made to the County Board for an order for 
 payment, and that the said County Commissioner shall ])ro- 
 cure a lK)ok, in which he shall keep a record of his official acts, 
 which, together with nil the books, papers and property ap- 
 
22 Com I'TLAi'iox oi' Common Sciioor, Laws. 
 
 pcrtaiiiiiiii to his otticc, lie sliall turii over, uii liis re«i^iiati<uj, 
 or at the expiration of lii'^ oflRcIal tci'in. t<^ liis snrressor. 
 See Part xv, Note 2. 
 
 Acts of It shall be the duty of every County School Commissioner 
 
 jjo ' ^^"^ in this State to place upon all teachers' licenses issued by 
 
 them the seal of the Board of Education of the county for 
 
 which they are commissioner. 
 
 Sec. 6. That the said County Coniniissioner shall receive 
 of s^(ih compensation as the County Board may allow him, not 
 1887, page to excccd three dollars per day, to be determined by the 
 "^- County Board of Education, for each day actually employed 
 
 in the discharge of his official duties, the same to be paid 
 out of the educational fimd furnished to the county. His 
 claim for services shall be presented in the form of an account 
 against the County Board of Education, and shall be verified 
 by affidavit, to the effect that the said account is just and 
 true; that the service therein named was honestly and faith- 
 fully rendered, and that the sum therein claimed is rightfidly 
 due, and remains unpaid. When said accoimt shall have 
 been duly audited and approved by the County Board, the 
 said Commissioner shall retain his pay out of the revenue 
 aforesaid; provided, that the County Board of Education 
 shall determine the number of days in each year in which 
 said County Commissioner may labor in the performance 
 of the duties required of him. 
 
 Note. — Minimum salary of County School Superintendent, $450, 
 with allowance of $150 for expenses of visiting schools. No maxi- 
 mum limit specified. See 1911 School Laws, page 102. 
 
 Acts of 
 
 Sec. 7. County Boards of Education in counties having 
 a population of more than sixty thousand inhabitants, shall 
 71. be authorized and empowered to pay the County School Com- 
 
 missioners of such counties such salary in lieu of a per diem, 
 as the said County Boards of Education shall fix, not to 
 exceed the sum of eighteen hundred dollars per annum. 
 
 Acts of Sec. 8. That it shall be the duty of the county authorities 
 
 190S, page of the different counties of this State to furnish the County 
 
 School CV»nimissioners thereof an office in the court-house 
 
 thereof; provided, there is sufficient room in said court-house 
 
CcMXTY School Commissionek. 23 
 
 after fiiniisliing the county officers of such county with 
 offices as now provided by law. 
 
 School officers authorized to administer oaths. 
 
 Sec. 9. Tliat County School Coniniissioncrs and members -^^^^ °^ 
 of the County Boards of Education shall be empowered and si. 
 auth(>rize<l to administer such oaths as may be necessary in 
 trausacting' school business, or in conducting- investigations 
 before the County Boards when sitting as judicial tribunals 
 for determining controversies arising under school laws. 
 
 Report to grand jury — duty of grand jury in matter of 
 report. 
 
 Sec. 10. That it shall be the duty of the County School Acts of 
 Commissioner of each of the counties of this State to make gi 
 a report of the school operations of the preceding year to the 
 grand jury, at the spring term of the court, and to place his 
 books before them for examination; and in making up the 
 general presentments, it shall be the duty of the jury to 
 take proper notice of the matters thus brought to their at- 
 tention. 
 
 County School Commissioners Elected by the People. 
 
 Section 1. Be it enacted by the General Assembly of the 
 State of Georgia, and it is hereby enacted by the authority 
 of the same, that from and after the passage of this Act, 
 the County School Commissioners in the various counties of 
 this State shall be elected by the electors of their respective 
 counties, w^ho are entitled to vote for the members of the 
 General Assembly at the general election held for such mem- 
 bers next preceding the expiration of each County School 
 Commissioner's present term of office and for a term of four 
 (4) years and until their successors are elected and qualified. 
 
 Sec. 2. Be it further enacted. That the examination now 
 required by Section 1366 of Volume I of the Code of 1895, 
 l)e held at least ninety (90) days l)efore day of election and 
 all candidates for such offices shall stand said examination 
 and those who fail to make the per cent, hereinafter set out, 
 shall by the Board of Education l)e declared ineligible to hold 
 the offiCe of Countv Sch<M»l ( 'nuimissioner. 
 
24 Compilation of Common School Laws. 
 
 8k(. . o. Be it further enacted, That all applicants standing 
 said examination shall be required to make (85%) eighty- 
 five per cent, in said examination before they shall be declared 
 eligible to hold office of County School Commissioner by said 
 Board of Education. 
 
 NoTK. — For qualifications, see 1911 Scliool Laws, page 102. 
 '^^ll ^* Sec. 4. Be it further enacted, That in case of a vacancy 
 
 1909, page . . . ' ' 
 
 154. by death, resignation, removal from office or any cause what- 
 
 soever in the office of County Commissioner in any county of 
 this State, the County Board of Education shall elect a 
 County School Commissioner for the unexpired term; pro- 
 vided^ said unexpired term is for a period less than one year 
 (1), but should said vacancy occur one year (1) or more 
 before the expiration of said term, then and in that event 
 the Ordinary shall order an election for the unexpired term, 
 said election to be held within ninety (90) days after vacancy 
 occurs. 
 
 Note. — The Board has the right to elect for an unexpired term 
 of any length. See 1910 School Laws, page 9G. 
 
 Sec. 5. Be it further enacted. That all laws and parts 
 of laws in conflict witt this Act are hereby repealed. 
 
 Approved August 16th, 1909. 
 
 Note. — During the last two years an annual statement of the ac- 
 count of each County School Commissioner has been furnished to the 
 County School Commissioner and to the grand jury through the 
 Clerk of the Superior Court, 
 
 Additional Duties of County Sckool Commissioners. 
 
 County School Commissioner is secretary of County Board ol: 
 Education (Part iii. Sec. 5) ; issues certificates to School Trustees 
 (Part iii, Sec. 9); forwards ai)peals, in writing, from decision of 
 County Board of Education to State School Commissioner (Part iii. 
 Sec. II); makes monthly statements to State School Commissioner 
 (Part V, Sec. 3); operates institutes (Part vii, Sec. 1); examines 
 applicants for license to teach (Part viii, Sec. 1). 
 
 County School Commissioner — Election of is certified by secre- 
 tary of meeting at which election is held (Part iii, Sec. 4). 
 
h I \ A \( lAF, 
 
 PART Y. 
 
 FINANCIAL. 
 
 School fund to be paid directly into State Treasury — Appor- 
 tionment. 
 
 Sectio.n 1. Be it enacted bv the General Assembly of Acts of 
 Georgia, and it is hereby enacted by authority of the same, ^.^ ' '^"^*' 
 That beginning with the taxes for the year 1895, all moneys 
 belonging to the common school fund of the State, including 
 poll taxes and specific taxes, shall be paid direct into the 
 State Treasury in like manner as other States taxes are paid, 
 and said comjnon school fund shall be used for no other than 
 common school purposes, as provided by law. 
 
 Note. — The amount of the state school fund is dependent upon the 
 action of the legislature. For 1911 it is $2,500,000. 
 
 Sec. 2. That from and after the first day of January, Ameudod 
 1899, or as soon thereafter as practicable, the Treasurer of *^^*^ °' 
 the State shall place to the credit of each county in the State, 67. 
 on his b(toks, its proportionate part of the common school 
 fund in the treasury on the first day of each month, such 
 proporti<uiate part to be determined by the State School Com-, 
 missioner, the Comptroller-General and the Treasurer, and! 
 to be based upon the proportion which the school population 
 in each county bears to the school population in the State as 
 shown by the last school census; provided, however, that the 
 salaries of the State School Commissioner and his clerk or 
 clerks, and the expenses of his office, and any other items 
 )iro])erly chargeable nnder the law to the general school fund, 
 shall be deducted out of said fund before making the afore- 
 said apportionment to the counties. 
 
 Itemized Statements of claims against school fund — prompt 
 disbursement. 
 
 Sec. ?). That the County School Conunissioner of each Amended 
 county shall, under the approval of the County Board of Edu- 
 cation, transmit to the State School Commissioner an itemized 
 
 1S94, page 
 rtO. 
 
-*» Co-MIMJ.ATIOX OF CoMMON ScHOOL LaWS. 
 
 statement of the various sllln^ due and nnpaid by the County 
 Board of Edncation on said several dates mentioned in Sec- 
 tion 2, whether the same Im^ for teachers' sahiries, for pay of 
 the Connty School Commissioner^ or for any other item of 
 ' expense properly chargeable nnder the law to the Connty 
 Board of Edncation, and when said itemized statements have 
 been approved by the State School Commissioner and pre- 
 sented to the Governor, the Governor shall issne his warrants 
 upon the Treasnrer for all the fnnds standing to the credit 
 of each of the several connties npon the books of the Treas- 
 urer, or for such part thereof as may be needed to liquidate 
 the indebtedness to the County Board of Education of such 
 connty, as shown by each itemized statement aforesaid. And 
 the State Treasurer shall, upon the presentation of the war- 
 rants aforesaid, draw his checks for the amount of said war- 
 rants in favor of the County School Commissioners of the 
 several counties, and the State School Commissioner shall 
 immediately transmit said checks to the several County 
 School Commissioners, who shall promptly disburse the 
 money so received in payment of the sums set out in the 
 itemized statement aforesaid; and if the money is not suf- 
 ficient to pay said sums in full, then it shall be prorated 
 among the various items; provided, that the expenses of 
 administration for each month shall first be paid in full, and 
 the County Boards of Education are hereby authorized to 
 make their contracts in such manner that the amounts pay- 
 able to teachers for services rfudered shall b(HM)ni(' due and 
 payable monthly. 
 
 See Part xv, Note 3. 
 See Part xvii, Note 3. 
 
 School year begins January 1st — operation of schools. 
 
 Amended Sec. 4. That beginning with January 1st, 1895, and con- 
 
 Acts of tinning thereafter, the school year shall be coincident with 
 
 1894. page . 
 
 r.n. the calendar year, to-wit: from January 1st to December 31st 
 
 thereafter, and the State School Commissioner, State Treas- 
 urer, and Comptroller-General shall, on or before the first 
 Tuesday in December each year, beginning in 1894, or as 
 soon thereafter as practicable, make an estimate of the entire 
 common school fund for the State for the next succeedinc." 
 
\ \ \ ( 1 \ [ 
 
 school vcar, and shall at oiiee coiiiuiuiiicatc in writing to the 
 C«)unty School Coniniissioner of each county the amount of 
 money that will he payable to his county; and on the first 
 Tuesday in January in each year, or as soon thereafter as 
 ])racticahle, each County Board of Education shall meet and 
 make the necessary arrangements for placing the schools in 
 operation for the next school year, and shall have full author- 
 ity in their discretion either to fix salaries for the payment 
 of teachers, or to pay them according to the enrollment or 
 attendance; provided, that nothing in this Act shall be con- 
 strued to affect the right of the respective counties of the State 
 to select the time of operating their schools, which shall be 
 left entirely to the County Boards of Education, nor shall it jg^g '^p 
 affect or change the time of operating their schools under any 7i. 
 special or local laws in any county in this State; provided 
 furilter, it shall not affect the monthly payment of teachers 
 as by this Act directed. 
 
 See Part xiv. Note 13. 
 See Part xvi, Note 5. 
 
 Payments to local school systems. 
 
 Sec. ri. That in those counties having local school laws ^^,^g ^^ 
 where the schools are sustained by local taxation for a period i893, page 
 of five months or more, the State School Commissioner shall, 
 on the first day of each month, or as soon thereaftei* as prac- 
 ticable, notify the Governor of the amount of funds standing 
 to the cre<lit of each of such counties on the books of the Ain.-nded 
 Treasurer on said dates, and thereupon the Governor shall Acts of 
 issue his warrants for said sums and the Treasurer shall draw ,;/ 
 his checks for said sums without requiring the itemized 
 statements as provided in Section -Jo; and the State School 
 Commissioner shall immediately transmit said checks to the 
 otficer under the local school system authorized to receive its 
 fun<ls, and the State School ( 'onmiissionei* shall, in like 
 manner, pay over to the pr(>])er officer under the school board 
 of any town or city having a school system sustained by local 
 taxation for a period of five months or more, and to which 
 he is now authorized by law to make direct apportionments, 
 such pro])ortion of the entir<' county fund as shown on the 
 books of the Treasurer as the school pojudation of the town 
 
28 
 
 Compilation of Common School Laws. 
 
 Amended 
 Acts of 
 1894, 
 H2. 
 
 Acts of 
 1894, page 
 62. 
 
 Acts of 
 1887, page 
 
 or city bears to the population of the county, as shown by 
 the last school census; 'provided, that all children of school 
 age resident in said county, and attending the public schools 
 of such town or city, shall be counted in the school population 
 of such town or city and be entitled to have their share of 
 such county fund paid over to the proper officer of the school 
 board of such town or city. 
 
 (See Report State Department of Education, 1902, page 192.) 
 
 Estimate of school fund. 
 
 Sec. (). That the school fund for each calendar year shall 
 be a fixed and si:)ecified sum, and in order to carry out this 
 provision the State School Commissioner, the Comptroller- 
 General, and the Treasurer shall, on the first Tuesday of 
 December of each year, beginning with 1894, or as soon there- 
 after as practicable, make an estimate of what the school fund 
 for the ensuing year shall be from the specific taxes, direct 
 appropriations, and from any other sources of supply which 
 now belong to the school fund or may hereafter belong to the 
 school fund, and said fund, when so estimated, shall be avail- 
 able and payable at the time specified in this Act; provided, 
 that in the event that the said specific taxes shall fall short 
 of said estimate, then the balance necessary to meet the pro- 
 visions of said estimate is hereby authorized to be paid from 
 any fund in the treasury not otherwise appropriated. 
 
 Sec. 7. That when the State School Commissioner, the 
 Comptroller-General and the Treasurer shall meet on the first 
 Tuesday in December, or as soon thereafter as practicable, 
 as provided in this Act, to make the estimate of the school 
 fund provided for in Section 4 of this Act, they shall base 
 said estimate upon the amount of school fund coming into 
 the treasury for the year preceding the year for which said 
 estimate is made. 
 
 Sources of school fund. 
 
 Sec. 8. That for the support and maintenance of the 
 common schools of this State, the poll tax, special tax on 
 shows and exhibitions, all taxes on the sale of spirituous and 
 malt liquors, dividends upon the stock of the State in the 
 Bank of the State of Georgia, Bank of Augusta, Georgia 
 
FlXANCIAl.. 20 
 
 Railroad aiid Banking Company, and such other means or 
 moneys as now belong by law to the Common School Fund, 
 one-half of the proceeds of the rental of the Western & At- 
 lantic Railroad, or one-half of the annual net earnings of 
 said railroad as ascertained by subtracting the annual cost 
 of running and keeping up the road from the annual gross 
 receipts under any change of policy which the State may 
 adopt hereafter in reference to said railroad; all endow- 
 ments, devises, gifts and bequests made, <^^)r hereafter to be 
 made, to the State Board of Education; the proceeds of any 
 commutation tax for military service; all taxes which may 
 be assessed on such domestic animals as from their nature 
 and habits are destructive to other property ; all money re- 
 ceived by the AgTicultural Department of this State for the 
 inspection of <>ils and fertilizers in excess of what may be 
 necessary to defray the expenses of said Agricultural Depart- 
 ment ; money arising from the lease of oyster lands; any edu- 
 cational fund now belonging to the State (except the endow- 
 ment and debt due to the University of Georgia), and such 
 other sums of money as the Legislature shall raise by taxati(m 
 or otherwise from time to time for educational purposes, are 
 hereby declared to be a common school fund ; and when said 
 common school fund shall be received and receipted for, from 
 whatever source received, it shall be the duty of the officer 
 authorized by law to receive such fnnd to keep the same se])a- 
 rate and distinct from other funds, and said fund shall be 
 used for educational purposes and none other, and shall not 
 be invested in bonds of this State, or in other stock, excei)t 
 when investment is necessary to carry out the conditions of 
 an endowment, devise, gift, or bequest, and when taxes are 
 paid into the treasury of the State the Comptroller-General 
 shall in no case receipt a Tax-Collector for the same until 
 that part of the tax so paid in, which was raised for school 
 purp<jses, is separated in amount from the gross amounts paid 
 in. 
 
 Relief of forfeiture of school fund — unused balances. 
 
 Sec. D. That whenever a County Board of Education, or 
 Board of Education of any city, shall hereafter fail in any '^^^® 
 year to make arrangements to put schools in operation, said 79. 
 
30 (J()?^iiMLA'ri<)N oi- Common School Laws. 
 
 eoimty or city, as the ease may be, shall forfeit all right to 
 participation in the school fund of that year, unless the fail- 
 ure to arrange for schools was from Providential cause, or 
 other good and sufficient reason, the sufficiency of the reason 
 to be judged of hy the State Board of Education. That in 
 all cases where any of the counties of this State have hereto- 
 fore or may hereafter leave unnsed in the State Treasury any 
 part of the public school fund to which they are entitled nnder 
 the law, such fnnd shall be kept separate and applied to the 
 use and benefit of the respective counties entitled to the same. 
 
 Failure to put schools in operation. 
 
 Acts of Sec. 10. That any county or city, which has failed to 
 
 70. ^^^^ P^i^ schools in operation in any ])ast year, and has never 
 received its pro rata part of the State School Fiuid for that 
 year, shall still be entitled to receive through the properly 
 constituted authorities of the county or city that pro rata; 
 provided, that the County School Commissioner of sucli 
 county shall receive no compensation from the school fimd 
 of said county for such year, except for services i-endered in 
 taking the enumeration of the school population. 
 
 Distribution of Public School fund. 
 
 Section- 1. In all cases where any of the counties of this 
 
 1903, page State have heretofore, or may hereafter leave unused in the 
 
 ^'^- State Treasury any part of the public school fund to which 
 
 they are entitled under the law, such fund shall be kept 
 
 separate and applied to the use and benefit of the respective 
 
 counties entitled to the same. 
 
 Sec. 2. Such unused funds may be used by the respective 
 boards of education of the counties entitled to the same for 
 school purposes in their respective counties, and may be 
 drawn on for such purpose as is now provided by law. 
 
 Note. — If any public officer of any county in this State shall bu.v 
 up at a discount, or in any manner speculate in what are known as 
 "county orders" or in "jury scrip," or any other order or scrip 
 which is to be paid out of any public fund of this. State or of any 
 county in this State, he shall be punished as for a misdemeanor and 
 shall be removed from office. (Code, Vol. Ill, Sec. -277.) 
 
Fi.\A.\( lAi'.. :]1 
 
 Addiiional Funds for rublic Schools. 
 
 Illegal granting of diplomas by medical colleges — Fine goes to 
 State treasury for educational funds. (§48G Code, Vol. III.) 
 
 Selling or offering for sale rejected illuminating oils or fluids — 
 Fine goes to public school fund of countv in wliich prosecution is 
 made. (§607 Code, Vol. III.) 
 
 Wrongful use of branded vessels for illuminating oils or fluids — 
 Fine goes to public school fund of county in whicli i.rn^pf minn is 
 made. (§608 Code, Vol. III.) 
 
 Cruelty to animals — One-half of fine goes to public school fund 
 of county in which prosecution is made. (§704 Code, Vol. III.) 
 
 Gaming contracts — Money recovered after six months goes partly 
 to public school fund of county in which suit is entered. (§3671 
 Code, Vol. II.) 
 
 Property not returned but assessed — Overplus above amount due 
 and costs goes to educational fund, subject to claim of true owner 
 within four years. (§908 Code. Vol. I.) 
 
 Proceeds of sale of estrays, subject to claim of owner within 
 twelve months. (§1746 Code, Vol. I.) 
 
 The net amount arising from the hire of convicts of this State, 
 when the Grand Jury of the county directs this fund to be anplied 
 to the schools of the county. (Acts of 1903, page G" > 
 
32 Compilation of Common School Laws. 
 
 PAET VI. 
 
 LONG TERM SCHOOLS. 
 
 Supplemental contracts — common school fund admits pupils. 
 
 Section 1. That whenever the Board of Education of 
 any county within the State shall have entered into a contract 
 with a teacher to teach a common school in any subdistrict 
 within its jurisdiction in accordance with this Act, it shall 
 be lawful for said teacher to enter into a supplemental 
 contract with the patrons of said school to teach a private 
 elementary school in connection with said common school, 
 and to embrace the period allowed by law for the said public 
 term ; provided, that the contracting with teachers under the 
 provisions of this Act shall be left to the discretion of the 
 several County Boards of Education. 
 
 Acts of Sec. 2. That upon said private supplemental contract 
 
 g2, ' being examined and approved by the Board of Education of 
 
 the county in which said school is located, it shall be the 
 duty of said teacher to enter, as pupils in said private school, 
 all scholars of common school age (regard being had to sepa- 
 rate schools as now required by law) who may enter said 
 school at any time within the term or scholastic year of said 
 private school. It shall be the duty of said teacher to keep 
 an accurate ac<iOunt of the number of such pupils and the 
 number of days actually attended by each pupil, and when 
 said private schools shall have closed, said teacher may make 
 out an account against the County Board of Education for 
 the full number of days each of said pupils may have attended 
 said schools, not to exceed the whole number of days now or 
 hereafter to be prescribed by law; provided, that nothing in 
 this Act shall be so construed as to prevent any common 
 school scholar from entering said school as pupil, if the 
 parent or guardian of said pupil shall elect to enter him or 
 her for the period of the public term, and upon the merits of 
 the common school fund only. That no teacher shall be con- 
 tracted with under the provisions of this Act until he or she 
 
Long Term Schools. 33 
 
 has been duly licensed as" a common school teacher ; that every 
 teacher contracted with under the provisions of this Act 
 shall be required to make the same reports and returns to 
 the County School Commissioners as are now required of 
 teachers of common schools in this State, and until said 
 private schools have been taught according to contract, and 
 said reports and returns are so made, it shall not be lawful 
 for the Board of Education to pay him or her for such serv- 
 ices as such teacher. 
 
34 
 
 Compilation of Common School Laws. 
 
 PART VJI. 
 
 COUNTY INSTITUTES. 
 
 Acts 
 1891, 
 121. 
 
 of 
 page 
 
 Amended 
 Acts of 
 1892, page 
 85. 
 
 Amended 
 Acts of 
 1893, page 
 61. 
 
 Subjects — held by County School Commissioners — prepared 
 by State School Commissioner — special examinations. 
 
 Section 1. An Act authorizing the State School Com- 
 missioner to organize and establish in each county in Georgia 
 a Teachers' County Institute for the assembling and instruc- 
 tion of the common school teacliers of each county in the 
 State, said institute to hold an annual session of one week's 
 duration in each county of Georgia in the ])eriod of June, 
 July and August, or in such other month as the State School 
 Commissioner may deem best and expedient; provided, how- 
 ever, that the State School Commissioner may, in his discre- 
 tion, combine the annual session of said institutes^ or any 
 number of them, so that the same may be held in any county 
 designated by him; to prepare a progTam of exercises, with 
 a syllabus of each subject named in said program, for each 
 day's session of said institute; to require County School Com- 
 missioners to operate at their regular per diem, said institute 
 sessions under such general rules and regulations as he may 
 deem best; to require all persons, white and colored, teaching 
 in Georgia, or having licenses entitling them to teach in the 
 State, provided that those not teaching liave not ])ermanently 
 rehired from teaching; to attend all sessions of said institutes 
 held in the county of their residence, and perform all duties 
 required of them as members of said institutes, unless provi- 
 dentially prevented ; to secure a ]U'ompt attendance of the 
 teachers upon the exercises of said institutes by causing the 
 County School Commissioners and County Boards of Edu- 
 cation to collect such fines from absentees as may be deemed 
 just and reasonable by said Commissioners and Boards; 
 provided, that no teacher shall be fined till he or she has 
 stated the cause of his or her absence in writing, to said 
 Commissioners and Boards, and they have duly considered 
 the same; provided furfher, that all money thus collecterl 
 
(Joi .\ lY Institutes. 35 
 
 shall be used in purcbasiug teachers' libraries for the counties 
 in which said fines may be collected; to provide separate 
 institutes for the white and the colored ; to pay from the 
 educational fund of each county an amount not to exceed 
 twenty-five dollars per annum for the purpose of securing 
 the services of an expert in conducting the week's session 
 of the institute of said county, which expert shall be chosen 
 by the County School Commissioner and the County Board 
 of Education, which expert shall assist in conducting the 
 exercises of each annual week's session of said institute in 
 the county where he is thus employed; to cause all sessions 
 of said institutes to be held at county seats, or such other 
 places as may be selected by the County School Commis- 
 sioner, and allow all persons so desiring to attend the sessions 
 of said institutes; provided^ that all visitors shall be subject 
 to the rules and regulations of said institutes while attending 
 the exercises of the same ; and to prescribe from time to time 
 such other rules and regulations as he and the County School 
 Commissioners may deem best for successfully operating said 
 institute. 
 
 Note. — In place of experts, supervisors provided to have charge 
 of the institute work. See 1911 School Laws, page 102 
 
36 
 
 Compilation of Common School Laws. 
 
 PAKT VIII. 
 
 EXAMINATION OF APPLICANTS FOR LICENSE TO 
 
 TEACH. 
 
 Amended 
 Acts of 
 1890-91, 
 page 118. 
 
 of 
 page 
 
 Grading of papers — ^licenses — graduates of colleges not 
 exempt from examination. 
 
 Section 1. That the Countv Commissioners shall examine 
 all applicants for licenses to teach in their respective counties, 
 giving previous public notice of the day upon which the 
 examinations are to take place, and said Commissioners shall 
 be allowed to invite such persons as they may think proper 
 to assist in these examinations. Applicants for license to 
 teach in the common schools shall be examined upon orthog- 
 raphy, reading, writing, English grammar, geography, arith- 
 metic, and the science and practice of teaching in common 
 schools. 'No license shall be granted any person to teach in 
 the public schools, receiving money from the State, after the 
 first Monday in January, 1903, who has not passed a satis- 
 factory examination in physiology and hygiene (physiology, 
 which shall include with other hygiene, the nature and effect 
 of alcoholic drinks with other narcotics upon the human 
 system). Said examinations shall be held throughout the 
 State on a day or days to be fixed by the State School Com- 
 missioner, and on questions prepared and sent out by him to 
 the County School Commissioners. The State School Com- 
 missioner shall also prepare and supply the County School 
 Commissioners with printed instructions as to the grading 
 of applicants on and by a uniform grade, and shall fix the 
 lowest standard for each class of licenses. 
 
 No applicant for teacher's license shall be examined on 
 any other day than the one designated as above described, 
 except in cases where the County Board of Education shall 
 order a special examination ; no special examination shall be 
 ordered by said Board except for good and sufficient reasons 
 and to meet some special emergency. In such cases the 
 questions shall be prepared by the County School Commis- 
 
Examination of Applicants. 37 
 
 sioner, or by some competent person under his authority, 
 and their contents shall not be made kno\\Ti to the applicant 
 or applicants until the examination actually commences; 
 said examination shall be conducted under the same rules and 
 regulations as are provided by law for other examinations, 
 but the licenses granted shall be valid only until the next 
 examination ordered by the State School Commissioner, and 
 it shall not be lawful for the County School Commissioner 
 of any county, other than that in which said special examina- 
 tion is held, to endorse a license granted thereunder. The 
 County Board of Education shall have power, if they deem 
 best, to employ teachers at a salary. 
 
 Sec. 2. It shall be the duty of the County School Com- ^^^^ ^^ 
 missioners after thorough examination of the papers sub- i887, page 
 mitted by applicants for licenses as teachers, upon the exami- 
 nation conducted as prescribed in the preceding Section, to 
 grade the applicants according to the instructions furnished 
 them by the State School Commissioner, submitting his report 
 and recommendations thereon in writing to the County Board 
 of Education, who shall grant to the applicants licenses of 
 the first, second or third grade, to be determined by the quali- 
 fications exhibited and the standard attained ; provided, they 
 shall attain at least the lowest grade-mark fixed by the State 
 School Commissioner for each grade; and provided further, 
 that each applicant submits with his or her examination paper 
 satisfactory evidence in writing of good moral character. A 
 license of the first grade shall continue in force for three 
 years, a license of the second grade for two years, and a 
 license for the third grade for one year, which said licenses 
 shall entitle teachers holding them to be employed for and 
 during the period of their licenses in any of the common 
 schools of the county where issued. Licenses, to be good in 
 another county than the one in and for which they are issued, 
 must be endorsed by the County School Commissioner of the 
 county in which the applicant desires to teach. 
 
 See Report of Department of Education, 1903, page 66, rule 10 
 of Rules of Examination. 
 
 All students or graduates of any school, college or other 
 institution of learning, shall be required to stand an exami- 
 
38 Compilation of Common School Laws. 
 
 nation as now prescribed by tlie general common school laws 
 of this State before the County School Commissioner of each 
 count V in this State in which they desire to teach, and get 
 a license from the County School Commissioner before being 
 permitted to teach in the common or public schools of such 
 county; provided, that nothing herein contained shall be con- 
 strued to invalidate any license to teach in the schools in this 
 State now held by any person. 
 
 And all laws and parts of laws authorizing and entitling 
 any student or graduate of any school, college or other insti- 
 tution of learning, to teach in the common or public schools 
 of this State on the certificate or diploma from any school, 
 college or other institution of learning, or the officers thereof, 
 
 be, and th(^ same are, hereby repealed. 
 See Part xvi, Note 2. 
 
 Permanent License to teach. 
 
 Sec. 3. After passing upon the examination papers as 
 hereinbefore provided, if, in the opinion of the County School 
 51. ' " Commissioner, any one or more of them exhibit unusual 
 merit, he shall forward such papers to the State School Com- 
 missioner, together with his certificate of the good, moral 
 and professional character of the applicant, and if, in the 
 opinion of the State School Commissioner, said paper exhibit 
 a sufficient degree of merit, he shall issue a permanent 
 teacher's license to the applicant, which license shall be good 
 in any county of this State, and which shall only be revocable 
 bv the State School Commissionei- for good and sufficient 
 cause. 
 
 Note. — Examination papers of applicants for permanent license 
 to teach should be graded by the County School Commissioner and 
 forwarded by express or registered mail. 
 
 Revoking of Licenses — appeal — forgery in License a felony. 
 
 Acts of Sec. 4. That the County Commissioner shall have power, 
 
 76 ' ^^^^ and it shall be his duty, to revoke licenses granted by him, 
 or his predecessors, for incompetency, immorality, cruelty to 
 pupils, or neglect of his duties, and the revocation of the 
 license of any teacher shall terminate the connection of said 
 teacher with any school wdiich he nuiy have been employed 
 
 Acts of 
 1899, pag 
 
KXA.M I. NATION OF APPLICANTS. .'^0 
 
 to tcMcli ; but any teacher so dismissed shall have the right 
 to apjjeal to the County Board of Education, whose decision 
 shall be final. 
 
 See Part xiv. Note 7. 
 
 Whoever, with intent to defraud the State or any county, 
 town or citv, or any person, shall falsely and fraudulently ^cts of 
 
 1 -. u , \f -^ ^ ^1 1900, page 
 
 make, lorge, alter or counterieit, or cause to procure to be ^o. 
 falsely and graudulently made, forged, altered or counter- 
 feited, or willingly aid or assist in falsely and fraudulently 
 making, forging, altering or counterfeiting any certificate or 
 license issued by any County School Commissioner of this 
 State, or the executive officer of any local school board to a 
 teacher, shall be deemed gnilty of a felony, and upon convic- 
 tion therefor, shall bo ])UTn^?bed a*^ preseril^cd l)v Soetion '28'^ 
 of the Penal Code. 
 
40 Compilation of Common School Laws. 
 
 PART IX. 
 
 SCHOOL CENSUS. 
 
 Time for taking census. 
 
 Section 1. That it shall be the duty of the County and 
 City Boards of Education of this State to cause an enumer- 
 ation of the children between six and eighteen years of age 
 to be made under instructions from the State School Com- 
 missioner, in the year 1888, and every ten years thereafter, 
 as hereinafter prescribed. In the year 1893, and every ten 
 years thereafter, it shall be the duty of the State Board of 
 Education, in the early part of the year, to have an estimate 
 made from the last census taken by the authorities of the 
 United States, of the number of children of school age in 
 each county of the State, and in each town and city under 
 a local school law, and if, from the evidence thus obtained, or 
 from other evidence of any kind, the said Board shall become 
 satisfied that a new enumeration of the school population 
 ought to be taken for any county or counties, or for any town 
 or city, or the entire State, it shall be their duty to order 
 the said enumeration to be taken accordingly. 
 
 Enumerators: Duties, compensation, oath — County School 
 Commissioner as enumerator. 
 
 Sec. 2. The different County or City Boards shall employ 
 one or more competent, reliable persons to take the enumer- 
 ation above mentioned, in their respective jurisdictions, and 
 the persons so employed shall go from house to house, making 
 a thorough canvass of the territory assigned them, taking the 
 number of children between the ages of six and eighteen 
 years, and distinguishing between the sexes and races. The 
 persons thus employed shall be known as enumerators of the 
 school census, and shall take and report any additional sta- 
 tistics required by the State School Commissioner. They 
 shall receive as compensation a per diem not to exceed two 
 dollars in the counties, or two dollars in the cities, or in the 
 
School Census. 41 
 
 city and county where the same are under local laws, to be 
 paid out of the school fund of the jurisdiction in which the 
 work is done. They shall moreover, be required to make 
 oath that the work done by them has been carefully and 
 faithfully done according to the true intent and meaning of 
 this Act, the form of oath to be prescribed by the State School 
 Commissioner ; provided, that nothing herein contained shall 
 be construed to prevent the County Boards from employing 
 the County School Commissioners to do the work contem- 
 plated in this Section. 
 
 New enumeration. 
 
 Sec. 3. The State Board of Education is hereby em- 
 powered to order at once a new enumeration when they are in 
 doubt as to the accuracy of the return made from any county isst, 
 or city; but the enumerators first making their return shall 
 receive no compensation in case it is found their enumeration 
 was not correct. In case their enumeration is verified by the 
 second enumeration, then both shall be paid, but the amount 
 paid them shall be deducted from the school fund appropri- 
 ated to this special territory. 
 
 Fixing compensation of enumerators. 
 
 page 
 
 82. 
 
 Sec. 4. The respective County or City Boards are hereby 
 empowered to fix, within the limits prescribed above, the 
 per diem compensation of the enumerators of the school census 82. 
 employed by them. 
 
 Note. — Clauses and special laws authorizing annual school cen- 
 sus are in conflict with this general law. 
 
 Vets of 
 1887, page 
 
42 CoiMPiJ.ATioN OF Common School Laws. 
 
 PART X. 
 
 MISCELLANEOUS. 
 
 County line schools. 
 
 Section 1. TliaT adniissiun to all couhhou schools of this 
 State he gTatiiitoiis to all children between the ages of six 
 and eighteen years residing in the subdistricts in which the 
 schools are located ; provided, that colored and white children 
 shall not attend the same school ; and no teacher receiving or 
 teaching white and colored pupils in the same school shall be 
 allowed any compensation at all out of the common school 
 fund. In special cases, to meet the obvions demands of con- 
 venience, children residing in one subdistrict may, by express 
 permission of the Connty Board, attend the common school 
 of another snbdistrict and when a common school is located 
 near a county line, children from an adjoining county shall 
 be ])ermitted to attend the school; provided, suT^li children 
 i-(^side nearer such school or said school is more accessible 
 to the residences of such children tlian any ])ublic school in 
 the county of their residence. And in such cases, the teacher 
 shall make out two accounts for his services, one against each 
 County Board, in amount proportione<l to the nund)er of 
 children in the school from the respective counties. 
 
 NoTK. — A small incidental fee is a reasonable charge against all 
 pupils who are able to pay the same. This fee should be applied 
 only to current incidental expenses; keeping the house in order, 
 providing crayon, fuel, etc. In a few schools of this State whose 
 patrons are indifferent the teachers have had to meet the current 
 incidental expenses. Every good school building should be under 
 the constant care of a janitor, and patrons should make due provi- 
 sion for the equipment and care of the school building. 
 
 Note 2. — Teachers of county line schools should report to each 
 county the number of pupils and the amount of salary received from 
 the other county. County Boards through the County School Com- 
 missioner of each county should pay salaries of teachers according 
 TO contract direct to teachers of county line schools. 
 
M ISCKLLA.X KOIS, 4o 
 
 Manual Labor Schools. 
 
 Sec. 2. That the County Board of Education shall have -^""ll **^ 
 
 • 1SS7, pa^' 
 
 power to oi'iianizc in each county One or more manual lahor is. 
 schools on such a ])lan as shall he self-sustaininp^; provided. 
 that the plan he first sid)niitted to and a])pr«)ve(] l)v the State 
 Board of Education. 
 
 Evening schools. 
 
 Sec. 3. That tlie Board of Education of any county shall j^^*^ ""^^^^^ 
 have the j)o\ver to estahlish, at such places as they may deem 78. 
 proj)er, within the limits (^f their jurisdiction, a suitable 
 lumilu'r of eveniuii- >chools for the instruction of such youths 
 over twelve years of a^e as are ])revented l)y their daily avoca- 
 tions from attendiui;' day schools, subject to sncli rc^gulations, 
 not inconsistent with the provisions of this Act and the in- 
 structions issued under it by the State School Connnissioner, 
 as said Board, froui time to time, may a(h»])t for the ii(>vern- 
 meiit thereof. 
 
 Exemption of school property from taxation. 
 
 Sec. 4. That each and every lot or parcel of land which is87, Vge 
 has been or may be hereafter obtained by purchase, or in ''^• 
 any other way, by any County Board of Education for the 
 use of common schools, together with any school building that 
 may have l)een or shall be erected thereon, and all school 
 furniture shall be exempt from all taxes, State and county, 
 and from levy and sale under any execution or other writ or 
 order in the nature of an execution ; provided, that the lot 
 of land so exempted sliall not excted four acres, and if there 
 be any excess over that nund)er of acres, then that portion 
 not to exceed f<nir acres, most convenient for school purposes, 
 shall be exem])t as aforesaid, the exempted ])ortion to be set 
 off 1)V order of the County Board. 
 
 Scholastic month defined. 
 
 Sec. j. That from and after the passai;c (»t this Ad, 
 twenty school days shall constitute and be deemed and -^^^"^ ^^ 
 treated as a scholastic month in all the ])ublic schools of this s-j '' '"^^' 
 State. 
 
44 
 
 Compilation of Common School Laws. 
 
 Acts of 
 1887, page 
 
 Acts of 
 1890-91, 
 page 219. 
 
 Acts of 
 1901, page 
 54. 
 
 Local school systems. 
 
 Sec. 6. That nothing in this Act shall be so construed 
 as to prevent any city with a population greater than two 
 thousand inhabitants, or any county or town under authority 
 of the General Assembly of this State, from organizing a 
 public school system independent of this system, or to pre- 
 vent the said independent organization from drawing its 
 pro rata share of all educational funds raised by the State; 
 provided, the chief executive officer of such independent or- 
 ganization shall make the same regular reports to the State 
 School Commissioner as are required from the County Com- 
 missioners by this Act; provided further, that nothing con- 
 tained in this Act shall be construed to annul or repeal any 
 local law now of force in any city or county in this State 
 providing for the organization and maintenance of the com- 
 mon or public schools in such city or county. 
 
 Arbor Day. 
 
 Sec. 7. The first Friday in December in each year shall 
 be set apart and consecrated as a day for tree-planting, and 
 shall be known throughout the State as "Arbor Day," that it 
 shall be the duty of the State School Commissioner to take 
 the matter of the observance of "Arbor Day," by the public, 
 under his general supervision, and through the County School 
 Commissioners to cause the public schools of the State to 
 observe "Arbor Day," as the superintendents and teachers 
 may think best, in order to show the pupils the value and 
 beauty of forestry by practical tree-planting on school, church, 
 and other public lots, lawns, as well as on public highways. 
 
 Physiology and Hygiene to be taught in public schools. 
 
 Sec. 8. The nature of alcoholic drinks and narcotics, and 
 special instruction as to their effects upon the human system 
 in connection with the several divisions of the subject of 
 physiology and hygiene, shall be included in the branches of 
 study taught in common or public schools in the State of 
 Georgia, and shall be studied and taught as thoroughly and 
 in the same manner as other like required branches are in 
 said schools. 
 
Miscellaneous. 45 
 
 Sec. [). It shall be the duty of county and city superin- 
 tendents of schools receiving aid from the State to report to 
 the State School Commissioner any failures or neglect on the 
 part of the Boards of Education to make provision for in- 
 struction of all pupils in any or all the schools under their 
 jurisdiction, in physiology and hygiene (physiology, which 
 shall include with other hygiene the nature and effects of 
 alcoholic drinks and other narcotics upon the human system), 
 and the Board of Education of each county of this State shall 
 adopt proper rules to carry the provisions of this law into 
 effect. 
 
 Agriculture and Civil Government to be taught in the com- 
 mon schools. 
 
 Sec. 11. The elementary principles of agriculture and 
 the elements of civil government be included in the branches 
 of study taught in the common or public schools in the State 
 of Georgia, and shall be studied and taught as thoroughly 
 and in the same manner as other like required branches are 
 studied in said schools. 
 
 Sec. 12. It shall be the duty of the county commissioners -'^'rll °' 
 
 '^ "^ 1903, page 
 
 of all schools receiving aid from the State to report to the 64. 
 State School Commissioner any failures or neglect on the 
 part of their respective boards of education to make pro- 
 visions for instruction of all pupils in any and all of the 
 schools imder their jurisdiction in said branches, and the 
 board of education of each county of this State shall adopt 
 proper rules to carry the provisions of this law into effect. 
 See Part xvi, Note 7. 
 
 Georgia Day. 
 
 The twelfth day of February in each year shall be observed 
 in the public schools of this State, under the name of ^'Geor- 
 gia Day,'' as the anniversary of the landing of the first loo. 
 colonists in Georgia under Oglethorpe; and it shall be the 
 duty of the State School Commissioner, annually to cause 
 the teachers of the schools under their supervision to conduct 
 on that day exercises in which the pupils shall take part, 
 consisting of written compositions, readings, recitations, ad- 
 
4() OOMIMI.A ri().\ OK (/OM.MO.N ScilOOI. I.AWS. 
 
 dresses, or other exercises, relating to this State and its his- 
 tory and to the lives of distinguished Georgians. When said 
 day falls on Snnday, it shall be observed on the following 
 ^londay. 
 
 Law for Binding out Children. 
 
 Sec. 1'>. That all minors may, by whichever parent 
 Acts of ^^'"^ ^'^^ legal control of them, be bound ont as apprentices 
 
 is6r,, paye to any r(\^])ectable })erson, until fbcv jittaiii the age of twenty- 
 one, or for a shorter ])erio(l. 
 
 Schools in new counties — Special Provisions. 
 
 Sec. 14. The grand jui'v in ( acli new county shall at the 
 lirst session elect a comity l)oar(l of education, as now pro- 
 vided by law, and that said county board of education shall 
 immediately organize, and the said county board of educa- 
 tion is hereby vested with all tlie ])owers and rights that are 
 given by law to the county board of education in existing 
 counties: that until the organization of the county board of 
 education, the school in such new county shall remain under 
 the control of the boards of education of the counties from 
 which tlie territory to form said ncAv county was taken, but 
 immediately u])()n the organization of the county board of 
 education in said n(^w county such control shall cease and 
 ])ass to the board of e(lucati(m of the new county, which shall 
 be entitlcMl to manage and control tb(^ scluxtls within the new 
 county as now ])i"ovi(led by law. 
 
 Pioridcd. That in every instance when a new county has 
 been or hereafter may be created ont of the territory of any 
 on(^ oi" more of the counties organized ])rior to Decendx^r 1, 
 11)01], and such old counties shall at the time of the ap- 
 proval of this Act have on hand either in the Treasury of 
 this State or elsewhere any funds subject to the provisions 
 of the Act hereby amended, then such funds shall l)e equit- 
 ably apportioned between such new county and the old 
 counties w^hose territory went to the formation of the new 
 county, the basis of ap])ortionment between the ncAV county 
 and the old counties aifected to be the school population of 
 said counties as the, same may appear from the record in the 
 
^rTJ^rET.I.ANKOlS. 47 
 
 oihff oi liic Matt* >cii«><>l ( oiiiiuissioiKM-, or as may he agreed 
 upon l)y tlic authorities of counties affected. 
 
 Skc. '1. He it t'ui-thcr enacted hy the authority aforesaid. 
 That it is herehy math' the (hity of said State School Coni- 
 niissi(»ner to a])])ortion said funds and to cause the same to 
 he paid over u])on lawful demand to the respective counties 
 entitled thereto. 
 
 Skc. ;}. Be it further ( nacted hy the authority aforesaid. 
 That all laws and parts of laws in contliet with this Act he. 
 and the same are, herehy repealed. 
 
 Isolation and Quarantine in infectious diseases (Extracts 
 from Rules and Regulations of State Board of Health.) 
 
 Section 18. No parent or householder shall ijermit infected per- 
 sons (or persons exposed to infection), clothing, bedding, furniture, 
 school-books, library-books, or other articles likely to convey infec- 
 tion, to be removed from the house until properly disinfected, under 
 the supervision of the local board of health or its proper officer, or 
 where no board exists, by the attending physician, in the manner 
 recommended by the State Board of Health. 
 
 Section 19. The isolation of patients and duration ot quaraniinH 
 in infectious diseases shall be as follows: 
 
 Diphtheria ok ME^[lJRA^•ous Croii*: For the Patient: Isolation 
 for twenty-one (21) days from persons and domestic animals, and 
 disinfection of premises. For persons associated with or in the 
 house with the patient: Adults: Quarantine until after death or re- 
 covery of the patient and disinfection of premises. Children: 
 Quarantine for seven (7) days after disinfection of premises. Do- 
 mestic pets, particularly cats, are frequent carriers of this infection. 
 That the use of antitoxine lessens the mortality, but does not at- 
 tentuate the virus, so that the same length of quarantine should be 
 enforced whether antitoxins are or are not used. 
 
 ScAKF.KT Fkvkk ( Scarleti)ia. ^^carlrt Rash. Roseola): Isolation of 
 patient and quarantine of children associated with, or in the house 
 with the i)atient, for ten (10) days after complete desquamation or 
 scaling of patient and disinfection of premises. 
 
 S.MALi.pox: For the patient: Isolation until after all crusts or 
 scales have fallen off, and the disinfection of patient's body and the 
 premises. For exposed persons: Quarantine for sixteen (16) days 
 from date of last exposure. 
 
 Choi.kra: For the i)atient: Isolation until after complete recov- 
 ery and disinfection of the premises. For exposed persons: Quaran- 
 tine for five (5) days from date of last exposure. 
 
48 Compilation of Common School Laws. 
 
 Yellow Fever: Isolation in screened room (protected fire-place) 
 until after complete recovery and disinfection of premises. 
 
 Typhus Fever: For the patient: Isolation until after complete 
 recovery and disinfection of the premises. For exposed persons: 
 Quarantine for twenty-one (21) days from date of last exposure. 
 
 Days to be observed by appropriate exercises. 
 
 January 1 — New Year's Day. 
 January 19 — Lee's Birthday. 
 February 12 — Georgia Day. 
 February 22 — Washington's Birthday. 
 April 26 — Memorial Day. 
 June 3 — Davis' Birthday. 
 July 4 — Independence Day. 
 September, First Monday — Labor Day. 
 December, First Friday — Arbor Day. 
 December 25 — Christmas Day. 
 
.\ IIOKM 
 
 1 I- X I l)(M>K I. AW. 4!> 
 
 PAKT XI 
 
 UNIFORM TEXT-BOOK LAW. 
 
 School-Book Commission. 
 
 Section 1. Bo it enacted by the General Assembly of Acts of 
 the State of Georiria, and it is hereby enacted by authority ^^^^' P^^e 
 of the same. That the State Board of Education, consisting 
 of the Governor, Secretary of State, Comptroller-General, 
 Attoniey-General and State School Commissioner, be, and 
 are, hereby made the School-book Commission of the State 
 of Georgia. The members of the said School-book Com- 
 mission shall serve without com])ensation ; the Governor 
 shall be president, and the State School Commissioner shall 
 be the executive officer of said School-book Commission. Be- 
 fore transacting any business relating to the duties of this 
 Commission, they shall each take an oath before some person 
 authorized to administer same, to faithfully discharge all the 
 duties impo.sed ujxm them as niendiers of the said School- 
 book Commission, and that they have no interest, direct or 
 indirect, in any contract that may be made under this Act, 
 and will receive no ])ersonal benefit therefrom. 
 
 Uniform series of text-books. 
 
 Skc. '2. Be it also enacted by the authority aforesaid, 
 Thar i'nnn and after the first day of January, 11)04, or such 
 date thereafter, not more than sixty days, as shall be deemed 
 necessary and practicable by the School-book Commission to 
 allow to the contractors to furnish to the schools of the State 
 the books included in the contracts made by such Commis- 
 sion with such contractors, a uniform series of text-books, 
 shall be used in all the connnon schools of this State, to be 
 ado]>ted in the manner and for the time hereinafter provided, 
 which unifonn series of books shall be in use in all the com- 
 mon schools of this State, and shall include the following 
 elements of an English education only, to wit: Orthography, 
 reading, writing, arithmetic, geography, English language 
 
50 COMPILATIOX OF CoMMOX ScHOOL LaWS. 
 
 lessons, English gramma r, history of Georgia, containing the 
 Constitution of the State of Georgia, history of the United 
 States, containing the Constitution of the United States, 
 physiology, and hygiene, the elementary principles of agri- 
 culture and civil government, and such other branches of 
 study in addition to the above-mentioned as may be from 
 time to time provided for by statute, and not conflicting with 
 the Constitution of this State, provided, that none of said 
 text-books so adopted shall contain anything of a partisan or 
 sectarian character; and provided, that no county, city or 
 town that levies a local tax for the purpose of maintaining a 
 system of graded schools, w^hich local tax, together with the 
 State fund, is sufficient to maintain said system of graded 
 schools, for as long a period as eight months in each year, 
 shall be included in the provisions of this Act; but if the 
 duly constituted authorities in charge of any local system in 
 this State should desire to use any of the books selected by 
 said School-book Commission, the said local system shall 
 have the privilege of buying said books at the same price and 
 on the same terms at which they are furnished to the com- 
 mon schools of the State. 
 
 Sub-commission. 
 
 Sec. 3. Be it further enacted by the authority aforesaid, 
 That it shall be the duty of the said School-book Commission 
 to elect a sub-commission of five, to be selected from among 
 the teachers of the State who are actively engaged in school 
 work, either as normal school teachers, common school teach- 
 ers, graded school teachers, county school commissioners or 
 city superintendents, provided, that no more than one of the 
 members of said sub-commission shall be taken from one 
 congressional district. Sample copies of all books sent to the 
 said School-book Commission as specimen copies upon which 
 bids are to be based shall be referred to the sub-commission 
 for examination, and said sub-commission shall examine and 
 report upon the merits and demerits of the books irrespective 
 of prices, taking into consideration the subject-matter of the 
 books, their printing, their material and mechanical quali- 
 ties and their general suitability and desirability for the 
 purpose for whifh they are desirerl anrl intended. It shall 
 
U.MFoitM Text Book Law. 51 
 
 further be the dutj of each member of said sub-commission 
 to make an individual report to the said School-book Com- 
 mission at such time as said Commission shall direct, arrang- 
 ing each book in its class, and reporting them in the order 
 of their merit, pointing out the merits and demerits of each 
 book, and indicating what books he recommends for adoption 
 first, what book is his second choice, and what his third 
 choice, and so on, pursuing this plan with the books sub- 
 mitted upon each branch of study; and if any member of 
 said sub-commission shall consider different books upon the 
 same subject or of the same class or division of approxi- 
 mately equal merit, all things being considered, he shall so 
 report, and if he thinks that any of the books offered are of 
 such character as to make them inferior and not worthy of 
 adoption, he shall, in his report, designate such books, and 
 in said report each member of said sub-commission shall 
 make such recommendation and suggestions to the said 
 School-book Commission as he shall deem advisable and 
 proper to make. Said individual reports of the different 
 members of the sub-commission shall be kept secret and 
 sealed and shall be delivered to the Secretary of State, 
 and said report shall not be opened until the said School- 
 book Commission shall meet in executive session to open and 
 consider the bids or proposals of publishers and others desir- 
 ing to have books adopted by said commission. Each mem- 
 ber of said sub-commission, before entering upon the duties 
 of said sub-commission, shall take and prescribe an oath to 
 act honestly, conscientiously and faithfully, and that he is 
 not directly or indirectly in any manner interested in any 
 of the proposed contracts, nor in any book or pub'lishinc: con- 
 cern of any kind or character, and that he will examine all 
 books submitted carefully and faithfully, and make true 
 reports thereon, as herein directed and proscribed ; said oath 
 shall be filed in the office of the Secretary of State. Said 
 School-book Commission shall hear and consider said reports 
 of the members of the sub-commission in its selection and 
 adoption of the uniform series of text-books, and shall also 
 themselves consider the merits of the books, taking into con- 
 sideration the subject-matter, the printing, binding and ma- 
 terial and mechanical qualities and their oencrii] suitability 
 
52 Co^iriLATioN OF Common School Laws. 
 
 and <le8iral)ilitv fui* the purposes intended, and the price of 
 said books; and they shall give due consideration and great 
 weight to the reports and recommendations of the sub-com- 
 mission; provided, that no text-book, the subject-matter of 
 which is of inferior quality, shall be adopted by the said 
 School-book Connuission. Said School-book Commission 
 shall select and adopt suc^ books as will, in their best judg- 
 ment, accomplish the ends desired. When the said School- 
 book Commission shall have finished with the reports of said 
 sub-commission, the individual reports of the members of 
 said sub-commission shall be filed and preserved in the office 
 of the State School Commissioner, and shall be open at all 
 times for public inspection. 
 
 Bids. 
 
 Sec. 4. Be it further enacted. That the said School-book 
 Commission shall meet in the office of the State Commis- 
 sioner not later than September 1, 1903, and advertise in 
 such manner and form as they may deem best, that, at a 
 time to be fixed by said commission to be named in the ad- 
 vertisement, and not to be later than IN'ovember 1, 1903, said 
 School-book Commission will receive at the office of the 
 State School Commissioner, in the city of Atlanta, sealed 
 bids or proposals from the publishers of school-books for 
 furnishing books to the public common schools of the State 
 of Georgia through agencies established by said publishers in 
 the several counties and ]daces in counties in the State, as 
 may be provided for in such regulations as said School-book 
 Commission may adopt and prescribe. The bids or pro- 
 posals shall- be for furnishing the books specified for a pc^-iod 
 of five years, and no longer. Said bids or proposals shall 
 state specifically and clearly the retail ])rice at which each 
 book will be furnished, and also the exchange price for the 
 introduction of such books. Each bid (U* proposal shall be 
 accompanied by specimen copies of each and all books 
 to be furnished in said bid; and it shall be required that 
 each bidder shall deposit with the l^-easurer of the State of 
 Georgia a sum of money sucli as tlie said School-book Com- 
 mission may require, of not less than tive hundred dollars, 
 and not more than twentv-five hundred dollars, according to 
 
1 Nil* >i;.\l I l-.X I 1 l« H )K I.AW . ')'.', 
 
 file number of books each bidder may propose to supply, and 
 such deposit shall be forfeited absolutely to the State if the 
 luddcr shall fail or refuse to make and execute such conti-aet 
 or bond as is hereinafter required within such time ns ilie 
 said School-book Commission may rcHpiire, which time shall 
 nor be later than January 1, 1904, and shall^also be stated 
 in said advertisement. All bids shall be sealed and de])osited 
 with the Secretary of State, to be by him delivered to the 
 said School-book Commission when they are in executive 
 session for the purpose of considcrinii- the same, when they 
 shall be opened in the presence of said School-book Com 
 mission ; provided, that the School-book Conmiission shall 
 have authority, upon the acceptance of any bid and the exe- 
 cution of any contract to furnish school-books under the pro- 
 visions of this Act, to allow such time, after January 1, 
 1904, as may be deemed by said Commission reasonable and 
 necessary (not more than sixty days), to the contractor mak- 
 in^r such bid or contract, within which to furnish to all the 
 schools of this State coming under the provisions of this 
 Act, with Jill the books contracted to be furnished. 
 
 Adoption — contracts — forfeitures and recoveries on Bonds. 
 
 Sk<'. ."). I^e it further enacted by the autohrity aforesaid, 
 That it shall be the duty of said School-book Commission 
 \i) \\\vv\ at the time and place noted in said advertisement 
 and take; out the specimen copies submitted and upon which 
 bids are based, and refer and submit them to the sub-com- 
 mission as provided for and directed in Section 3 of this Act, 
 with instruction to the said sub-commission to re])ort to them 
 at a specified time with their reports, classifications and rec- 
 ommendations as provided in Section 11 When the said re- 
 ports are submitted it shall be the duty of the said School- 
 book Commission to open and examine all sealed ])roposals 
 submitted and received in pursuance of the notice provided 
 in Section 4 of this Act. It shall then be the duty of said 
 School-book Commission to examine and consider carefully 
 all such bids or proposals, together with the reports and rec- 
 ommendations of the meml>ers of the sub-commission, and 
 determine, in the manner provided in Secti<»n 3 of this Act, 
 what book or books upon the branches herein above men- 
 
54 Compilation of Common School Laws. 
 
 tioned, or that hereafter may be added by said School-book 
 Commission, or may be hereinafter provided for in this Act, 
 shall be selected and adopted, taking into consideration the 
 size, quality as to subject-matter, material, printing, bind- 
 ing, and the mechanical execution and price and the general 
 suitability for the purposes desired and intended. And 
 after such adoption shall have been made, the said School- 
 book Commission shall, by registered mail, notify the pub- 
 lishers or proposers to whom contracts have been awarded, 
 and it shall then be the duty of the Attorney-General of the 
 State to prepare the said contract or contracts in accordance 
 with the terms and provisions of this Act, and the said con- 
 tract shall be executed by the Governor and attested by the 
 Secretary of State with the seal of the State attached upon 
 the part of the State of Georgia, and the said contract shall 
 be executed in triplicate, one copy to be kept by the con- 
 tractor, one copy by the School-book Commission, and copied 
 in full upon the minute-book of the commission, and one 
 copy to be filed in the office of the Secretary of State. At the 
 time of the execution of the contract aforesaid, the con- 
 tractor shall enter into a bond in the full sum of not less than 
 one thousand dollars nor more than twenty thousand dollads, 
 payable to the State of Georgia, the amount of said bond 
 within said limits to be fixed by said School-book Commis- 
 sion, conditioned upon the faithful, honest and exact per- 
 formance of said contracts, and shall further provide for the 
 payment of reasonable attorney's fees in case of recovery on 
 any suit upon the same, with three or more good and solvent 
 sureties, actual citizens and residents of the State of Geor- 
 gia, or any guarantee company authorized to do business in 
 the State of Georgia may become the surety on the said bond ; 
 and it shall be the duty of the Attorney-General to prepare 
 and approve said bond; provided, however, that said bond 
 shall not be executed in a single recovery, but may be sued 
 upon from time to time, until the full amount thereof shall 
 be recovered; and the said School-book Commission, may, at 
 any time, by giving thirty days' notice, require additional 
 security or additional bond within the limits prescribed. 
 And when any persons, firm or corporation shall have been 
 awarded a contract and submitted therewith the bond as re- 
 quired hereunder, the said School-book Commission, through 
 
Uniform Text Book Law. 55 
 
 its secretary, shall so inform the Treasurer of the State, and 
 it shall then be the duty of the Treasurer of the State to 
 return to such contractor the c^sh deposit made by him; and 
 the said School-book Commission, through its secretary, 
 shall inform the Treasurer of the State of the names of the 
 unsuccessful bidders or proposers, and the Treasurer of the 
 State shall, upon receipt of this notice, return to the un- 
 successful bidders or proposers the amount deposited in cash 
 by the unsuccessful bidders or proposers at the time of the 
 submission of their bids. But should any person or persons, 
 firm, company or corporation fail or refuse to execute the 
 contract and submit therewith his bond as required by this 
 Act within thirty days of the awarding of the contract to him 
 and the mailing of the registered letter containing the notice 
 (and it is hereby provided that the mailing of the registered 
 letter shall be sufficient evidence that the notice was given 
 and received), the said cash deposit shall be deemed and de- 
 clared forfeited to the State of Georgia, and it shall be the 
 duty of the Treasurer to place said cash deposit in the treas- 
 ury of the State to the credit of the school fund; and pro- 
 vided, further, that any recovery had on any bond given by 
 any contractor shall inure to benefit of the school fund of 
 the State, and when collected shall be placed in the treasury 
 to the credit of the school fund and be prorated among the 
 several counties of the State. 
 
 Standard of books — prices — exchange price. 
 
 Sec. 6. Be it further enacted by the authority aforesaid, 
 That the books furnished under any contract shall be equal 
 in all respects to the specimen or sample copies furnished 
 with the bids; and it shall be the duty of the Secretary of 
 State to preserve in his office, as the standards of quality and 
 excellence to be maintained in such books during the con- 
 tinuance of such contract, the specimen or sample copies of 
 all books which have been the basis of any contract, together 
 with the original bid or proposal. It shall be the duty of all 
 contractors to print plainly on the back of each book the con- 
 tract price as well as the exchange price at which it is agreed 
 to be furnished, but the books submitted as sample or speci- 
 men copies with the original bids shall not have the price 
 
50 CoMlMLA rioA OF CuMAlOA SciiOOJ. La\V8. 
 
 printed on them before thej are submitted to the sub-com- 
 mission. "And the said School-book Commission shall not 
 in any case contract with any person, publisher or publishers 
 for the use of any book or books which are to be or shall be 
 sohl to patrons for use in any public school in this State at 
 a price above or in excess of the price at which such 
 book or books are furnished by said person, publisher or pub- 
 lisliers under contract to any State, county or school district 
 in the United States under like conditions prevailing in that 
 State and in this Act ; and it shall be stipulated in each con- 
 tract that the contractor is not now furnishing, under con- 
 tract, any State, county or school district in the United 
 States where like conditions prevail as are prevailing in this 
 State and under this Act, the same book or books as are em- 
 braced in said contract at a price lower or less than the prices 
 stipulated in the said contract ; and that in case said con- 
 tractors shall hereafter, during the term of said contract, 
 contract to furnish, or furnish, to any State, county or school 
 district such book or books at a lower price than that named 
 in the contract, such lower price shall become the price of 
 such book or books under the contract entered into with the 
 said School-book Conmiission. And the said School-book 
 Commission is hereby authorized and directed at any time 
 they find that any book or books are being sold at a lower 
 price, under contract, to any State, county or school district 
 aforesaid, to sue upon the bond of said contractor and re- 
 cover the difference between the contract price and the lower 
 price at which they find the books are being sold. And in 
 case any contractor shall fail to execute specifically the 
 terms and provisions of his contract, said School-book Com- 
 mission is hereby authorized, empowered and directed to 
 bring suit upon the bond of such contractor for the recovery 
 of any and all damages, the suit to be in the name of the 
 State of Georgia and the recovery for the benefit of the pub- 
 lic school fund. But nothing in this Act shall be construed 
 so as to prevent said School-book Commission, and any other 
 contractor agreeing thereto, from in any manner changing 
 or altering any contract, provided four members of the State 
 School-book Commission shall agree to the change and think 
 it advisable and for the best interest of the public schools 
 
UAiFoif.M Tp:xt Book Law. 57 
 
 of the State. In all other matters a majority of said School- 
 book Commission shall control. 
 
 Si:( . 7. Be it further enacted by the authority aforesaid, 
 Thar it shall l)e always a part of the terms and conditions of 
 any contract made in pursuance of this Act, the State of 
 Georgia shall not be liable to any contractor, in any manner, 
 for any sum whatever; but all such contractors shall receive 
 their pay or consideration in compensation solely and ex- 
 clusively derived from the proceeds of the sale of books, as 
 provided for in this Act; provided fiirtlier, that the said 
 School-book Commission shall stipulate in the contract for 
 the supplying of any book or books, as herein provided, that 
 the contractor or contractors shall take up the school-books 
 now in use in this State and receive the same in exchange 
 for new books at a price not less than fifty per cent, of the 
 contract price; but the exchange period shall not extend be- 
 yond the limit of one year from time of the expiration of 
 contracts existing in counties in which such said change shall 
 be required under this Act. And each person or publisher 
 making any bid for the supplying of any books hereunder 
 shall state in such bid or proposal the exchange price at which 
 such book or books shall be furnished. 
 
 Bids may be rejected. 
 
 Sec. 8. Be it further enacted by the authority afiresaid, 
 That the said School-book Commission shall have and reserve 
 the right to reject any and all bids or proposals if said com- 
 mission be of the opinion that any or all bids should, for any 
 reason, be rejected ; and in case they fail from among the 
 bids or ])ro]iosals submitted to select any book or books upon 
 any oi the branches of study herein i)rovided for in this Act, 
 they may re-advertise for sealed bids or proposals under 
 same terms and conditions as before, and proceed in their 
 investigation in all respects as they did in the first instance 
 and as reijuired by the terms and provisions of this Act. 
 
 Proclamation by the Governor. 
 
 Sko. 1). Be it further enacted by the authority aforesaid. 
 That ns s«mhi as said Commission shall have entered into a 
 
58 COMPILATIOTs^ OF CoMMON ScHOOL LaWS. 
 
 contract or contracts for the furnishing or supplying of 
 books for use in the public schools of this State, it shall be 
 the duty of the Governor to issue his proclamation announc- 
 ing such fact to the people of the State. 
 
 Depositories. 
 
 Sec. 10. Be it further enacted by the authority aforesaid, 
 That the party or parties with whom the contract or con- 
 tracts shall be made shall establish and maintain in some city 
 in this State a depository where a stock of their books suf- 
 ficient to supply all the immediate demands shall be kept. 
 They shall also establish and maintain not less than one nor 
 more than three agencies in every county in the State as' the 
 State School-book Commission shall deem advisable and de- 
 mand, for distribution of the books to the patrons; but the 
 contractor shall also be permitted to make arrangements 
 with merchants or others for the handling and distribution 
 of the books. Any party not living conveniently near an 
 agency or county depository may order any books desired 
 from the central depository direct, and it shall be the duty 
 of the contractor to deliver any book or books so ordered to 
 the person so ordering to his postoffice address, freight, ex- 
 press, postage or other charges prepaid, at the retail contract 
 price; 'provided, that the price of the book or books so 
 ordered shall be paid in advance. All books shall be sold to 
 the consumer at the retail contract prices, and on the cover 
 of each book shall be printed the following: "The price 
 printed hereon is fixed by a State contract, and any devia- 
 tion therefrom shall be reported to your County School Com- 
 missioner or to the State School Commissioner at Atlanta" ; 
 and it is expressly provided that should any party contract- 
 ing to furnish books as provided for in this Act fail to fur- 
 nish them, or otherwise breach his contract, in addition to 
 the right of the State to sue on the bond herein above re- 
 quired, the County Board of Education may sue in the name 
 of the State of Georgia in any court having jurisdiction and 
 recover on the bond of the contractor the full value of the 
 books so failed to be furnished, for the use and benefit of 
 the school fund of the county; provided, that the right of 
 
Uniform Text Book Law. 59 
 
 action given to the County Board of Education shall be lim- 
 ited to breaches of the contract committed in that county. 
 
 Powers of Commission. 
 
 Sec. 11. Be it further enacted by the authority aforesaid, 
 That the said Schof)l-book Commission may from time to 
 time make any necessary regulations not contrary to the pro- 
 visions of this Act, to secure the prompt distribution of the 
 books herein provided for and the prompt and faithful exe- 
 cution of all contracts ; and it is expressly now provided that 
 said commission shall maintain its organization during the 
 five years of the continuance of the contract, and after the 
 expiration of the same to renew such of them as they deem 
 advisable, or re-advertise for new bids or proposals as re- 
 quired by this Act in the first instance,, and enter into such 
 other contracts as they may deem for the best interest of the 
 patrons of the public schools of the State ; provided, that any 
 contract entered into or renewed shall be for the term of five 
 years. 
 
 Notice by State School Commissioner. 
 
 Sec. 12. Be it further enacted by the authority aforesaid. 
 That as soon as practicable after the adoption provided for 
 in this Act, the State School Commissioner shall issue a 
 circular letter to each county commissioner and city super- 
 intendent in the State, and to such others as he may desire 
 to send it, w^hich letter shall contain the list of books adopted, 
 the prices, location of agencies, method of distribution, and 
 such other information as he may deem necessary. 
 
 Books adopted to be used to exclusion of others — Supple- 
 mentary readers. 
 
 Sec. 13. Be it further enacted by the authority aforesaid. 
 That the books adopted under the provisions of this Act shall 
 be used to the exclusion of all others on the same subject in 
 all the public common schools of the State; provided, that 
 supplementary readers may be used in any of the common 
 schools of the State, but even supplementary readers shall 
 not be used until after the regular readers prescribed have 
 been completed, and in no case shall supplementary readers 
 
60 Compilation of Common School Laws. 
 
 he used to the exelusion of the regular readers adopt(Ml under 
 this Aet. 
 
 Si^r. l-t. \)V it furthc^r enacted by the authuritj aforesaid. 
 That any person or persons violating the preceding Section 
 of this Act shall he deemed gniltv of a misdemeanor and 
 npon conviction shall he punished by a fine of not less than 
 ten dollars nor more than twenty-five dollars. 
 Penalties for violation of law. 
 
 Sec. 15. Be it further enacted by the authority aforesaid, 
 That if any county school commissioner fails or refuses to 
 enforce the provisions of this Act, said county shall receive 
 no ])art of the public school fund of the State of Georgia 
 until the provisions of this Act have been complied with. 
 Any teaclua- of a public common school in this State vio- 
 lating the ])rovisions of this Act shall not receive any salary 
 so long as he or she shall fail to carry out the provisions of 
 this Act. Any teacher who shall use or permit to be used in 
 his or her school any text-book upon the branches embraced 
 in this Act, where the commission has adopted a book upon 
 that branch, other than the one so adopted (except it be sup- 
 plementary readers, as provided in Section 13) shall be 
 guilty of a misdemeanor and shall be punished as provided 
 in Section 14 of this Act. 
 
 Skc. 16. Be it further enacted by the authority aforesaid. 
 That if any local agent, dealer, clerk or other person hand- 
 ling or selling the books adopted under this Act shall demand 
 or receive for any coi)y of any of the books herein provided 
 for, more than the contract price in cases where the purchase 
 is for cash, he shall be guilty of a misdemeanor, and upon 
 conviction shall for each oifense be punished by a fine not 
 less than fifty nor more than two hundred dollars. 
 Appropriation for expenses of adoption. 
 
 Sec. 17. Be it further enacted by the authority aforesaid, 
 That the sum of one thousand dollars, or so much thereof as 
 may be necessary, to be paid out of the public school fund, 
 be, and is, hereby a])propriated for the purpose of paying 
 the cost and expense of carrying into eff"ect the provisions of 
 this Act. 
 
r.Mioiv'M 'I'l.xr Hook Law. «;1 
 
 Per diem and expenses of members of sub-commission. 
 
 Sec. 18. Be it further eiiucfed \)\ the authority aforesaid, 
 Tliat said Sehool-book Commission shall serve without com- 
 pensation, and the members of the sub-commission of live 
 ?hall he paid a per diem of four dollars per day during the 
 time they are actually engaged, not to exceed thirty days, 
 and in addition shall be repaid all money actually expended 
 by them in the payment of necessary expenses, to be paid out 
 of the public school fund, and they shall make out and swear 
 to an itemiziHl stat( nient of such expenses. 
 
 Terms of contract. 
 
 • Sec. 19. Be it further enacted by the authority aforesaid, 
 That the ado])tions made under the ]>rovisions of th;s Act 
 shall continue for five years from the first day of January, 
 1004, and any adoption of books made after this time shall 
 t("rminate with all other adoptions on the first day of Janu- 
 ary, 1004, and tliat all contracts for school books made by 
 county boards of education now existing and extending be- 
 yond the first day of January, 1004, shall not be affected by 
 iliis Act, but no new contracts shall be made after the pas- 
 sage of this Act by any county board of education, or by the 
 board of education of any city or town in this State, except 
 the boards of education in Georgia having under their con- 
 trol a system of graded schools in part supported by local 
 taxation and maintained for at least (^ight months in each 
 year. 
 
 Repealing clause. 
 
 Skc. -20. !)(' if furtluM- euacted by the authority aforesaid, 
 'I'hat all laws and ])arts of laws in contlict with this Act be, 
 aud ihc sauie are, hereby re])ealed. 
 
 Ai»i>n.V('d Aii-n^t ]:], l!i(i:*». 
 
62 Compilation of Co:\rMON School Laws. 
 
 LOCAL TAX DISTRICT SCHOOLS AND LOCAL TAX 
 BY COUNTIES. 
 
 (AMENDED AUGUST 22, 1907.) 
 
 County Boards to lay off school districts. 
 
 • Section 1. Be it enacted by tlie General Assembly of 
 Georgia, and it is hereby enacted by authority of the same, 
 That within thirty days after the passage of this Act, or as 
 soon thereafter as practicable, it shall be the duty of the 
 County Board of Education of each county in Georgia to lay 
 off the county into school districts, the lines of which shall 
 be clearly and positively defined by boundaries such as 
 creeks, public roads, land lots, district lines or county lines. 
 The school district thus marked out shall contain an area of 
 not less than sixteen square miles, and, 'when practicable, 
 shall be so shaped as to have the school building as near the 
 center as possible, and no territory shall be included whose 
 occupants reside further than three miles from the school 
 house without written petition of two-thirds of the qualified 
 voters therein; provided, that the Board of Education may 
 have the right to establish districts with areas less than six- 
 teen square miles where there are natural causes or local con- 
 ditions that make it necessary to do so. The natural causes 
 which will permit the creation of smaller districts are moun- 
 tains, streams over which there are no bridges, and dangerous 
 roads. Local conditions which will permit the creation of 
 small districts must be determined by the Board of Educa- 
 tion. 
 
 In counties having incorporated towns, now levying a local 
 tax for educational purposes, and operating a public school 
 system under their own charter or special Act of the Legis- 
 lature, the County Board of Education, with the consent of 
 the municipal authorities, may create a school district larger 
 than the incorporated limits of the town by adding adjacent 
 territory not already included in the incorporated limits, and 
 the district thus marked out shall become a school district 
 
Local Tax Law. 63 
 
 upon the vote of the people as hereinafter provided, but such 
 school district, including incorporated towns having a popu- 
 lation of four thousand or more, shall be and remain under 
 the exclusive supervision and direction of the school boards 
 of the previously chartered schools in said class of incorpo- 
 rated towns and not under supervision of the County 
 Board of Education ; and the school boards of such chartered 
 schools in incorporated towns shall be trustees of said school 
 district under this Act; provided further, that if there be 
 located in such district a chartered school controlled by a 
 board of stockholders or by board of directors elected by' 
 them, the management and control of said chartered school 
 shall remain in them, and they shall have all the rights and 
 privileges of this Act to collect local taxes as hereinafter pro- 
 vided in this Act, and to receive the share of the State public 
 school fund*. A map of the county thus laid off, plainly out- 
 lining the boundaries of the school district with full descrip- 
 tion thereof, shall be filed with the Ordinary within forty 
 days after the passage of this Act, or as soon thereafter as 
 practicable, and the boundaries of said school districts shall 
 not be altered any oftener than once a year. The County 
 Board of Education in laying off the county shall disregard 
 any school districts embracing territory not included in in- 
 corporated towns heretofore created by special Act of the Leg- 
 islature. The failure on the part of any board of education 
 to perfoi-m the duties required by this Act, shall be immedi- 
 ately inquired into by the first grand jury sitting after such 
 neglect of duty, and if said grand jury shall find that any 
 member or members of said board have failed to perf<^rm 
 their duty it shall report the same to the judge of the su- 
 perior court, who shall cause a rule nisi to issue against such 
 member or meml)ers, and they shall be heard by the judge in 
 their own behalf; if the said member or members can not 
 give a good and sufficient reason why they have not per- 
 formed their duties as required by this Act, they shall bo dis- 
 charged, and the said judge shall fill the vacancies until the 
 next grand jury shall meet. 
 
04 Co.MPn,ATi<)X OF Common Sciioor, Laws. 
 
 Election of Trustees. 
 
 Sec. 2. Be it further enacted, That within ninety days 
 after the Board of Education has laid off the county as re- 
 quired in Section 1, the said Board of Education shall order 
 the citizens of the several school districts to hold an election 
 for the purpose of electing three trustees for each district in 
 the county. Said election shall be held at a time and place, 
 and in a manner prescribed by the County Board of Edu- 
 cation. The said trustees shall be intelligent citizens of good. 
 * moral" character who are known to be earnest supporters of 
 public education, and they shall serve one for three years, 
 one for two years, and one for one year, as the Couuty 
 Board of Education niay determine. In districts containing 
 incorporated towns there may be five trustees, one of whom 
 shall be elected for one year, two for two years, and two for 
 three years. The notice of their election shall be filed by the 
 election managers with the County School Commissioner, 
 who shall submit the same to the County Board of Educa- 
 tion for their approval. After the said local board of 
 trustees have been approved and properly commissi<med by 
 the County Board of Education, it shall meet immediately 
 and organize by deleting one of its members president, and 
 one secretary and treasurer. If the County Board of Edu- 
 cation should consider any member or members unqualified 
 for the work, they shall refuse to confirm the election of such 
 member or members and requqire the citizens of a district at 
 a time and place, and in a manner prescribed by the County 
 Boai'd of Education, to elect others. At the expiration of 
 the term of office of the members thus elected the citizens of 
 a district shall meet at a time and place, and in a manner 
 prescribed by the County Board of Education, and elect 
 their successors, who must be approved by the County Board 
 of Education as hereinbefore ])ro^'ided, and the electiou shall 
 be for a term of three years. If any member slioidd refuse 
 to act, or should be guilty of any conduct unbecoming the 
 dignity of a school trustee, the County Board of Education 
 shall have the right, u])on a written complaint of a majority 
 of the voters of the district, to remove said member and have 
 his successor elected as hereinbefore provided. But no 
 
Local Tax Law. 
 
 trustee shall be removed from office without sufficient proof, 
 and he shall be served with a copy of such complaint at least 
 ten (lays prior to the day set for the hearing, when such 
 trustee shall be afforded an opportunity to be heard in his 
 defense. 
 
 County election : how ordered — who shall vote — ^limit to rate 
 of taxation. 
 
 Sec. 3. Be it further enacted, That whenever the citi- 
 zens of any county wish to supplement the public school fund 
 received from the State by levying a tax upon the property 
 of the county, it shall be the duty of the Ordinary to order 
 an election, not earlier than twenty days, nor later than sixty 
 days, after receiving a petition of one-fourth of the qualified 
 voters of the county; and notice of the same shall be pub- 
 lished in at least three weekly issues of the county news- 
 paper in which legal advertisements of the county are pub- 
 lished. Said elections shall be held as ordinary county elec- 
 tions are held. Those favoring the levying of the local tax 
 shall vote for "Local tax for public schools" ; those opposed 
 shall vote "Against local tax for public schools." The re- 
 turns of said election shall be made to the Ordinary of the 
 coimty, who shall declare the. results, and two-thirds of those 
 voting shall be necessary to carry said election for local tax- 
 ation for public schools. An election for the same purpose 
 shall not be held oftener than every twelve months. . No 
 person shall be allowed to vote in said election except those 
 regularly qualified to vote in State and county elections. If 
 the election is carried for local taxation, the Ordinary or 
 Board of County Commissioners, whichever levies the county 
 tax, shall levy a local tax as recommended by the county 
 Board of Education upon all the property of the county, not 
 to exceed one-half of one per cent., and the same shall be 
 collected by the county tax collector and paid by him to the 
 County Board of Education. The county tax collector shall 
 keep the funds thus collected separate and distinct from 
 all county and State funds, and he shall receive a commis- 
 sion of two and one-half per cent, for collecting the same. 
 Provided, That if there be an incorporated town in a county 
 holding an election as provided in this Section now operating 
 
66 Compilation of Common School Laws. 
 
 a public school system, it shall not be included in tlie elec- 
 tion without consent of the municipal authorities, but if the 
 mimicipal authorities should so wish, they may abolish their 
 system by a special Act of the Legislature and avail them- 
 selves of the provisions of this bill. 
 
 See amendments to this Section approved August 14, 
 1909. Page 78. 
 
 Levy and collection of district tax. 
 
 Sec. 4. Be it further enacted, That whenever the citi- 
 zens of any school district wish to supplement the funds re- 
 ceived from the State public school fund by levying a tax 
 for educational purposes, they shall present a petition from 
 one-fourth of the qualified voters of the district to the Ordi- 
 nary, who shall order the election not earlier than twenty 
 days, nor later than sixty days, after the petition is receive d ; 
 provided, that notice of same shall be posted in at least three 
 conspicuous places in the district ten days prior to the elec- 
 tion. The election shall be held at a time and place pre- 
 scribed by the proper authorities, and under rules governing 
 ordinary elections. Those favoring local taxation for public 
 schools shall vote 'Tor local taxation for public schools" ; 
 those opposed shall vote "Against local taxation for public 
 schools." The returns of said election shall be made to the 
 Ordinary of the county, who shall declare the results, and 
 two-thirds of those voting shall be necessary to carry the 
 election for local taxation for public schools. Ko person 
 shall vote in said election except the reguhirly qualified 
 voters residing in the district six months ]U'ior to the elec- 
 tion. An election for the same piir])ose shall not be held 
 oftener than every twelve months. 
 
 Tax returns in local-tax districts. 
 
 Sec. 5. Bt it furtliei' cuactiHl, That in those districts 
 which levy a local tax for educational purposes, the board 
 of trustees shall make all rules and regulations to govern the 
 schools of the districts, and build and equip schoolhouses 
 under the approval of tlie County Board of Education. They 
 shall have the right to fix the rate of tuition for non-resident 
 pupils, and to fix the salaries of the teachers. They shall 
 
Local Tax Law. 67 
 
 receive from the County Board of Education the share of 
 public school funds apportioned to the district by the County 
 Board of Education. They shall determine the amount 
 necessary to be raised by local tax on all the property of the 
 district. The Secretary of the Board of Trustees of said 
 district, Avith the aid of the Coimty School Commissioner of 
 said county, shall ascertain from the tax returns made to 
 the tax receiver and from the returns made to the Comp- 
 troller-General, the total value of all of the property in said 
 district subject to taxation for county purposes, and a regular 
 digest of all such property in said school district, shall be 
 made by said secretary in a book furnished by the Board of 
 Trustees and kept for that purpose. At or before the time 
 of fixing the rate of taxation for said county, the secretary 
 of each local Board of Trustees, with the aid of the County 
 School Commissioner, shall levy such rate on the property 
 thus found as will raise the total amount to be collected; 
 provided, that such rate shall not exceed one-half of one per 
 cent. The County School Commissioner of each county, at 
 or before the time for fixing the rate of said county by the 
 Ordinary thereof, or the County Board of Commissioners, as 
 the case may be, shall certify to the said Ordinary, or said 
 Board of Commissioners, as the case may be, and to the 
 Comptroller-General of the State the rate of taxation fixed 
 for each school district in the county, and said taxing author- 
 ity of said county shall levy such special tax at the same time 
 and in the same manner as is now prescril)od tor levying 
 taxes for county purposes. 
 
 A copy of the special tax digest of said local tax district 
 shall be furnished by the secretary of the local board of 
 trustees to the tax collector of the county, and it shall be his 
 duty to compute and collect said taxes, keeping the same 
 separate by school districts from the county and State funds, 
 and turn same over to the secretary of such local school 
 districts, as well as tax received for said district from rail- 
 roads and other corporations that make their returns to the 
 Com]nroller-General, taking the receipt for the same upon 
 order from the County School Commissioner; and said 
 tax-collector shall receive as compensation therefor two and 
 onc-ludf ^^ov TM'Tit. of the amount collected. 
 
68 Compilation of Common School Laws. 
 
 In any case in which it is impossible to determine from 
 tax returns made to the tax receiver of the county the value 
 of the property of any citizen situated in any school district 
 and subject to taxation in said district, the secretary of the 
 Board of Trustees shall issue a summons to said taxpayer 
 requiring him to make returns within five days to said sec- 
 retary of his property situated in said district and subject to 
 taxation for school purposes. Should said return be unsatis- 
 factory to said secretar}^ he shall reject the same and submit 
 said returns to arbitration as is now provided by law for 
 such cases when returns are rejected by tax receivers; 
 
 All property, both real and personal, including franchises 
 belonging to railroads, telegraph and telephone companies, 
 and to all other corporations which are now required to make 
 their returns to the Comptroller-General of this State, which 
 is in the taxable limit of any school district shall be, and the 
 same is, hereby made subject to taxation by said school dis- 
 tricts as fully and completely as is the property of other cor- 
 porations within such taxable limits. 
 
 It is hereby made the duty of every such corporation in 
 this State, in addition to the facts now required to be shown 
 in t heir returns to the Comptroller-General to also show in 
 said returns the value of such corporation's property in each 
 of said school districts through which it runs. And for the 
 purpose of enabling such corporation to show in said returns 
 the value of its property in such school districts, it is hereby 
 made the duty of the County Superintendent of Schools of 
 each county to furnish on or before January 1^ 1907, to 
 each such corporation, information as to the boundaries of 
 each school district in which such corporation may have 
 property, such as will enable such corporation to determine 
 the amount of its property In such district, and he shall also 
 furnish similar information whenever the boundaries of any 
 school district may be changed. 
 
 The rolling-stock, franchises and other personal property 
 of said corporations shall be distributed to said school dis- 
 tricts on the same basis that rolling-stock, franchises and 
 other personal property are distributed to counties and 
 municipalities imder the law; that is, as the value of the 
 property located in the particular district is to the whole 
 
Local Tax Law. 09 
 
 located properry, real and personal of said corporarion, such 
 shall be the amount of rolling-stock, franchises, and other 
 personal property to be distributed for taxing purposes to 
 each school district. 
 
 All of the other provisions of the Act of October 16, 18S9, 
 entitled "An Act to provide a system of taxation of railroad 
 property in each of the counties of the State through which 
 said railroad runs, and to provide a mode of assessing and 
 collecting the same, and for other purposes," in so far as 
 they can be applied are hereby made applicable to the as- 
 sessment and collection of taxes of all such companies and 
 corporations which are now required by law to make their 
 returns to the Comptroller-General, by and for school dis- 
 tricts in this State upon the property and franchises of such 
 companies located in such school districts and upon the roll- 
 ing-stock, franchises and other personal property distributed 
 under the provisions df this Act. 
 
 Secretary and Treasurer of Board of Trustees — statements 
 and reports. 
 
 Sec. 6. Be it further enacted. That the board of trustees 
 may have the right to pay the secretary and treasurer a com- 
 mission on the amount of local tax collected not to exceed 
 two and one-half per cent., but there shall be no commission 
 allowed on the amoimt received from the State. They shall 
 furnish quarterly to the County Board of Education a state- 
 ment showing all receipts, disbursements, and cash on hand. 
 They shall also furnish statement showing school population, 
 enrollment, average attendance, course of study and other 
 data the County Board of Education may require whenever 
 called upon to do so. 
 
 General school laws to be observed. 
 
 Sec. 7. Be it further enacted. That while it is the purpose 
 and spirit of this Act to encourage individual action and local 
 self-help upon the part of the school districts, it is expressly 
 understood that the general school laws of this State as ad- 
 ministered by the County Board of Education shall be 
 observed. 
 
70 Compilation of Common School Laws. 
 
 Sec. 8. Be it further enacted, That all elections held 
 under the provisions of this Act shall be governed as to regis- 
 tration and qualification of voters as the general law gov- 
 erning special elections provides. 
 
 Sec. 9. Be it further enacted, That all laws and parts of 
 laws in conflict with this Act he, and the same are, hereby 
 repealed. 
 
 Approved August 21, 1906. 
 
 Amendments approved iVugust 22, 1907. 
 
 Provisions for voting out the local tax. 
 
 Section 1. Be it enacted by the General Assembly of 
 Georgia, That the above recited Act be amended by adding a 
 Section appropriately numbered, to-wit: "An election for 
 repealing the local tax law provided for in this Act when 
 same has been established for over three years shall be called 
 1909, page as in first instance. And if abolished by vote under similar 
 159. regulations as in first instance, no new election for re-creating 
 
 same shall be called within one year. If not abolished by 
 vote, no election for the same purpose shall be called within 
 one year. 
 
 Sec. 2. Be it further enacted, That all conflicting laws 
 are hereby repealed. 
 
 ApproA^ed August 14, 1909. 
 
 Acts of 
 
('mi.i) L.\i:«i{ !..\\v AM) SiA'iK Kkkormatokv. 71 
 
 PART XIII. 
 CHILD LABOR LAW, AND STATE REFORMATORY. 
 
 No child under ten years old to work in a factory. 
 
 Section 1. Be it enacted by the General Assembly of 
 Georgia, and it is hereby enacted by authority of the same, 
 That from and after the approval of this Act, no child under 
 ten years of age shall be employed or allowed to labor in 
 or about any factory or manufacturing establishment within 
 this State under any circumstances. 
 
 Certificate of Ordinary for any child under twelve. 
 
 Sec. 2. Be it further enacted by the authority aforesaid, 
 That on and after January 1st, 1907, no child under twelve 
 years of age sl>all be so employed or allowed to labor, unless 
 such child be an orphan, and has no other means of support, 
 or unless a widowed mother or an aged or disabled father 
 is dependent upon the labor of such child, in which event, 
 before putting such child at such labor, such father shall 
 produce and file in the office of such factory or manufactur- 
 ing establishment, a certificate from the Ordinary of the 
 county in which such factory or establishment is located, 
 certifying under his seal of office to the facts required to 
 be sho\vn as herein prescribed; provided, that no Ordinary 
 shall issue any such certificate except upon strict proof in 
 writing and under oath, clearly showing the necessary fart^: 
 and providing further, that no such certificate shall be 
 granted for longer than one year, nor accepted by any em- 
 ployer after one year from the date of such certificate. 
 
 No child under fourteen to work at night. 
 
 Sec. 3. Be it further enacted by the authority aforesaid, 
 That on and after January 1, 1908, no child under fourteen 
 years of age shall be employed or allowed to labor in or about 
 any factory or manufacturing establishment within this 
 State between the hours of seven p. m. and six a. m. 
 
7'2 Co.MPlI.ATTOiV ()|- C'o.vrMON SCHOOL LaWS. 
 
 Children under fourteen must attend school twelve weeks 
 each year. 
 
 Sec. 4:. Be it further enacted by the authority aforesaid, 
 That on and after January 1st, 1908, no child, except as 
 heretofore provided, under fourteen years of age, shall be 
 employed or allowed to labor in or about any factory or 
 manufacturing establishment within this State unless he 
 or she can write his or her name and simple sentences, and 
 shall have attended school for twelve weeks of the preceding 
 year, six weeks of which school attendance shall be consecu- 
 tive; and no such child as aforesaid, between the ages of 
 fourteen and eighteen years, shall be so employed unless such 
 child shall have attended school for twelve weeks of the 
 preceding year, six weeks of which school attendance thall 
 be consecutive ; and at the end of each year, until such child 
 shall have passed the public school age, an affidavit certify- 
 ing to such attendance as is required by this Section^ shall 
 be furnished to the employer by the parent or guardian or 
 person sustaining parental relation to such child. The pro- 
 visions of this Section shall apply only to children entering 
 such employment at the age of fourteen years or less. 
 
 Unlawful to employ children before affidavit is filed. 
 
 Sec. 5. Be it further enacted by the authority aforesaid. 
 That it shall be unlawful for any owmer, superintendent, 
 agent or any other person acting for or in behalf of any 
 factory or manufacturing establishment to hire or employ 
 any child unless there is first provided and placed on file in 
 the office of such employer an affidavit signed by the parent, 
 guardian or person standing in parental relation thereto, cer- 
 tifying to the age and date of birth of such child, and other 
 facts required in this Act. Any person knowingly furnishing 
 a false affidavit as to the age, or as to any other facts required 
 in this Act, shall be deemed guilty of a misdemeanor, and 
 on conviction thereof shall be punished as prescribed in 
 Section 1039 of the Penal Code of Georgia of 1895. 
 
 Inspection by Grand Jury. 
 
 Sec. 6. Be it further enacted by the authority aforesaid. 
 
ClllI.O r.Al'.oI.' T.WV \\1» SrV'I'I- T? I'I'ORM AToIiV. 73 
 
 That the affidavit and ccriiiicatcs required in this Act shall 
 be open to inspection by the Grand Juries of any county 
 where such factory or manufacturing establishments are 
 located. 
 
 Penalty for Violation of this Act. 
 
 Sec. 7. Be it further enacted by the authority aforesaid, 
 That any person or agent, or representative of any firm or 
 corporation who shall violate any provision of this Act shall 
 be deemed guilty of a misdemeanor, and. on conviction shall 
 be punished as prescribed in Section 1039 of the Penal Code 
 of Georgia of 1895. Any parent, guardian or other person 
 standing in parental relation to a child, who shall hive or 
 place for employment or labor in or about any factorv or 
 manufacturing establishment within this State, a child in 
 violation of any provision of this Act, shall be deemed guilty 
 of a misdemeanor, and on conviction thereof, shall be pun- 
 ished as prescribed in Section 1039 of the Penal Code of 
 Georgia, 1895. 
 
 Sec. 8. Be it further enacted by the authority aforesaid, 
 That all laws and parts of laws in conflict with this Act be, 
 and the same are, hereby repealed. 
 
 Approved August 1st; 1906. 
 
74 Compilation of Common School Laws. 
 
 PAET XIV. 
 
 EXTRACTS FROM DECISIONS AND INSTRUCTIONS 
 OF STATE SCHOOL COMMISSIONERS. 
 
 Note 1. Resignation should be tendered to Governor. 
 
 When a member of a Board, or a County School Com- 
 missioner desires to resign, he should tender his resignation 
 to tlie Governor, and not to the Board or Grand Jury. 
 
 — G. J. Orr, Instructions March, i8y6. 
 
 Note 2. Requisites of certificates of election. 
 
 The certificate of the election of members of the County 
 Board must have the following requisites: 
 
 1. It must be officially signed by the Clerk of the Superior 
 Court, and must be under his seal of office. 
 
 2. It must give the names of the members of the Board 
 chosen, and must state whom they succeed. 
 
 3. It must state how the latter vacated their offices. 
 
 I. It must state the term of court at w^hich the action 
 was taken. 
 
 When a vacancy is tilled by the Judge of the Superior 
 Court, the above rules will' apply to the certificate then given, 
 except where, from the nature of the case, they are inap- 
 plicable. 
 
 — G. J. Orr, Instructions March, i8y6. 
 
 Note 3. The Bible in the public schools. 
 
 The Bible can not be excluded from the public schools 
 of the State. 
 
 The proviso interdicting the exclusion of the Bible from 
 the public schools is the law in places where local school laws 
 are in operation as well as elsewhere. 
 
 — G. J. Orr, Instructions April, 1878. 
 
Decisions of State School Commissioner. 75 
 
 Note 4. Disturbing schools. 
 
 Persons who wilfully interrupt or disturb any public 
 school, private school or Sunday-school are guilty of a mis- 
 demeanor, and, on conviction, are punishable as provided in 
 Section 4310 of the Code of 1873. 
 
 (See Code Vol. ITT, Sec. 4^7 J 
 
 — G. J. Orr, Tnstructions 1882. 
 
 Note 5. Pupil going from one district school to another. 
 
 The proper rule is that a pupil can go from one public 
 school to another only by consent of the Board, or County 
 School Comuiissioner, for a good and sufficient cause, the 
 Board or Comuiissioner being the judge. 
 
 — J. *S'. Ilooli, Tnstructions January 10, 1888. 
 
 Note 6. Original jurisdiction in revoking teacher's license. 
 
 ''Original jurisdiction in the revoking of a teacher's license 
 rests with the County School Commissioner. Appeals on 
 such action of the County School Commissioner come only 
 before the County Board of Education." 
 
 —S. D. BradweU, 1895. 
 
 Note 7. Final choice of teachers and power to make con- 
 tracts is with county board. 
 
 "The hiw does not compel County Boards of Education to 
 conhrm the choice of local trustees in selecting teachers even 
 when such teachers are regularly and legally appointed. The 
 tinal choice of teachers, and the power to make contracts with 
 teachers are vested, under the law, wholly in the County 
 Board of Education." 
 
 — G. B. Glenn, November 13, i8pp. 
 
 Note 8. Teacher's contract is an entire contract. 
 
 "The ai)peal states that after teaching seventy-seven and 
 one-half days, the said teaeher resigned the said seliool, to 
 accept another ])osition, Imt his resignation was not accepted 
 by the County Board; that previous to his resignation he 
 had received ])ayment for fifty-eight days; that he had taught 
 nineteen an<l one-half davs, for whieh he had received no 
 
76 Compilation of Common School Laws. 
 
 pay; that the County Board of Education refused to pay 
 for teaching the nineteen and one-half days because the con- 
 tract is considered by said Board as an entire contract, and 
 it was not fulfilled. 
 
 "In this case, the Board of Education, under the circum- 
 stances, would not abuse the discretion given it by law, if 
 claims to said teacher were approved and paid, but in refus- 
 ing to pay the said claim for teaching nineteen and one-half 
 days, the Board has not violated the law of contracts. This 
 contract is in the nature of an entire contract. 
 
 — W. B. Merritt, April 7, 1904. 
 
 Note 9. Plan for operating schools for five or more con- 
 secutive months. 
 
 Generally it is more satisfactory to have the schools taught 
 during consecutive months of the fall, winter and spring. 
 Some counties have for one year operated their schools for 
 three months in the spring, during November and December 
 the school term of that year was completed; beginning in 
 January, a session of three or four months of the next year 
 immediately followed. This plan has given good results in 
 attendance and in the progress of pupils. A very great benefit 
 has come to schools of these counties from the fact that this 
 arrangement enables County Boards . to pay teachers with 
 very little delay. It is much easier to secure teachers if they 
 are assured that they will be paid promptly, and that they 
 will not be. compelled to have their salaries discounted. I 
 ask the careful consideration of your Board to this plan, 
 which is working so satisfactorily in many counties. 
 
 The months in which the schools may be taught during the 
 school year, or calendar year, may be selected by the County 
 Boards of Education, as they think best, but it will not be 
 lawful for a County Board of Education to approve for 
 payment out of the funds appropriated for one year any 
 teaching that was done during any days except those included 
 in the calendar year for which appropriations have been 
 made. To illustrate: the contracts with teachers for the 
 school year of 1905, and the daims of teachers based upon 
 this contract, should be in consideration of teaching that is 
 
Decisions of Statk School Commissioner. 
 
 i'i 
 
 done only during the school year of 1905. — W. B. Merritt, 
 Circular Letter, August 17 , 1904. 
 
 The Right of the County Board of Education to apportion 
 State School Funds. 
 
 The question presented is whether or not the County Board 
 of Education has the right to apportion the State School 
 Funds as in its judgment may appear just and wise, or 
 whether the Board is compelled to make this distribution on a 
 strict per capita basis to the various districts after deducting 
 administrative expenses. The law is silent upon this point. 
 It is specific in requiring the distribution of the State School 
 Funds to the various counties and independent or town sys- 
 tems upon the per capita basis according to the children of 
 school age. The very silence of the law with regard to school 
 districts under the general authority of the County Board 
 of Education, in my opinion, is proof that the Legislature 
 did not intend to force the apportionment as in the cases 
 mentioned where it is specific. The exact w^ording, "They 
 (the Trustees) shall receive from the County Board of Edu- 
 cation the share of the public school fund apportioned to the 
 district by the County Board of Education," indicates that 
 the right of apportionment is left to the County Board, it 
 being understood, of course^ that the funds shall be dis- 
 tributed upon an equitable and fair basis. ' It sometimes 
 happens that a certain school by reasons of various circum- 
 stances may require less money for maintenance than another. 
 The qualification of the teacher, the grade of license, and 
 various other considerations may properly affect the amount 
 of money which the Board of Education may deem wise to 
 apportion to any particular school. 
 
 In my opinion, therefore, the County Board of Education 
 has the right to apportion public school funds, and while 
 this Board should be guided in the distribution of the State 
 Funds by the general per capita basis of the State, less the 
 administrative expenses, this body may fix the apportionment 
 for any school or district as the circumstances may require 
 and as may be for the best interests of the district and 
 cx)unty as a w^hole. 
 
 — M. L. Brillnin. April 26, 10 f I. 
 
78 Compilation of Common School Laws. 
 
 PAET XV. 
 
 EXTRACTS FROM DECISIONS OF STATE BOARD OF 
 EDUCATION. 
 
 Note 1. Commissions to board members when grand jury- 
 fails to give terms. 
 
 ''Wlien the action of. the Grand Jury fails to indicate the 
 terms for which two or more members of Boards of Educa- 
 tion are chosen and there are terms of different lengths to 
 be filled, the member or members first named by the Grand 
 Jinw shall he cnmmi^^sionod for the longest term or terms." 
 
 November 30, 1888, 
 
 Note 2. When County School Commissioner may contract 
 with teachers of local school system. 
 
 '^A County School Commissioner has no right to enter into 
 a contract with the teachers of a local school system. 
 
 ^The Act creating said local school system does not spe- 
 cifically state that pupils residing outside the city limits may 
 be permitted to attend the schools of such local school system 
 and receive the benefits of the State school funds. It must, 
 therefore, follow that pupils residing without the limits of 
 the said city and attending the schools of the said local sys- 
 tem can not legally be allpwed to participate in the State 
 school funds for such attendance. This rule must apply to 
 all local school systems except where the Act creating them 
 expressly provides that pupils residing outside the city limits 
 may be permitted to attend the schools of the local system 
 and receive the benefits of the State school fund.'' — March 8, 
 18H. 
 
 Note 3. Use of surplus in hands of County School Commis- 
 sioner. 
 
 ''Resolved, That the State School Commissioner is author- 
 ized to require County Boards of Education to use the sur- 
 plus of school funds remaining in the hands of the County 
 
Decisions of State Board of Education. 79 
 
 School Commissioner in payment of the accounts set out in 
 itemized statements rendered." 
 
 Apiil 12, i8p4. 
 (This surplus is reported in ''Certificate as to Balance on 
 hand and Balance due" in itemized Statement.) 
 
 Note 4. Common school subjects required. 
 
 ^^Where a pupil studies five common school subjects, in- 
 cluding arithmetic, grammar and history, and shall have 
 passed an examination satisfactory to the County Board of 
 Education upon the other common school subjects, that pupil 
 shall be counted as a common school pupil. At the same 
 time the following of the graded course of study for the 
 common schools is urged." 
 
 March ^p, /po^. 
 
 Note 5. A change of district lines makes a new district. 
 
 In confirming an opinion rendered by the State School 
 Commissioner in re: the appeal of J. W. Brooks et al. vs. the 
 Carroll County Board of Education to the effect that Boards 
 of Education have the right to change the lines of a district 
 at any time after the expiration of one year from the time 
 of their establishment, the State Board of Education added 
 the following: 
 
 "The State Board of Education is also of the opinion that 
 when the board of education of a county changes the district 
 line, a new district is thus created and the question of a 
 local tax should be. resubmitted to the voters of the district, 
 if the local tax is desired." 
 
 March lo, igio. 
 
80 Compilation of Common School Laws. 
 
 PART XVI. 
 
 EXTRACTS FROM OFFICIAL OPINIONS OF 
 ATTORNEYS-GENERAL. 
 
 Note 1. County Board may repudiate contract made by 
 fraud. 
 
 I would say that a Board of Education can certainly re- 
 pudiate a contract made by fraud. A contract so obtained is 
 not binding.' — Extract from letter of Attorney-General ^Ym. 
 A. Little, May 14, i8p2. 
 
 Note 2. Diploma of State Normal School valid in certain 
 cases. 
 
 May 9, 1902. 
 Hon. G. R. Glenn, State ScJiool Commissioner, Atlanta, Ga. 
 My Dear Sib: — I am in receipt of the letter addressed 
 to you by Mr. D. O. Phillips, asking if his diploma, given 
 by the Georgia State !N"ormal School, was still valid as a 
 license to teach in the schools of this State, he having received 
 the same in 1897. 
 
 In my opinion the diploma in question is valid as such a 
 license and dispenses with the necessity of an examination 
 as now prescribed by the general common school laws of the 
 State. The Act of 1899, pages 51 and 52, repealing the law 
 making such diploma equal to a license expressly provides: 
 
 ^That nothing herein contained shall be construed to in- 
 validate any license to teach in the schools of this State now 
 held by any person." 
 
 See Acts of 1899, pages 51 and 52. 
 
 Very truly yours, 
 
 BoYKiN Weight, 
 
 Attorney-General. 
 
 Note 3. Limit of time in using school fund. 
 
 "The appropriation which the State makes yearly is, in 
 a sense, a contribution by the people of the State to assist 
 
OlM.MOXS OF A I'I'OUNKV-GkNKRAL. ^^ 
 
 ill tlir eJucation of the cliildrcii thoivof, and a limitation 
 of tiiiio and a^e is placed on each heneficiary. 1 reco^rnize 
 that it is the policy of the law-makers to clothe the several 
 Boards of Education in this State with almost supreme 
 power in the administration of the ])uhlic school fund and 
 to lodo-c with the Board such discretion is wise, but I am 
 ])ersuaded that for a Board to exercise the discretion to the 
 extent i)i usini»' money ap])r(>])riated one year for another, 
 would run counter to the looislative scheme mid would he 
 an abuse of discretion." 
 
 — Extract from leiter of Aitonwij-Ucncral Joint C. Hart, 
 Jvhf /. /90?. 
 
 Note 4. School population basis for apportionment of school 
 funds to local school systems. 
 
 1 therefore advise, irrespective of any directions to the 
 contrary in the Act creating- the l(K'al school systems, that 
 you adoi)t the rule of apporticmment between the local sys- 
 tem and the county, using as a basis "the ])roportion which 
 the sehoo! ])o])ulation of the local system bears to the scho(d 
 population in the c(Hinty.'' To illustrate, where the State 
 has .set apart $2,000 to a county as its ])ro rata part of the 
 public school fund, and the county has in it ^\\oo\ popula- 
 tion of 2,000 people, and within the county is a local system 
 having- a school population of 500, the pro rata of money in 
 that case due to the local system is the ])roportion which 500 
 bears to 2,000. 
 
 — EAract from letter of Attorney-General John C. Hart. 
 . 1 a(]\ii<t 26, 190^. 
 
 Note 5. Marriage does not incapacitate women to teach in 
 public schools of Georgia. 
 
 "I do not think that the Board of Education is justified in 
 laying down the arbitrary rule that marriage incapacitates 
 a woman to teach school." * * -x- 
 
 "A rule, therefore, ado])ted by a Board of Education, 
 which fixes the penalty of ineligibility to teach as a conse- 
 quence of marriage, is arbitrary, unjust and unreasonable. 
 The l>oard may not have transcended the strict letter of the 
 law in adopting the rule in question, but it occurs to me it 
 
82 Compilation of Common School Laws. 
 
 is violative of ^public policy.^ All women, whether married 
 or single, should be given equal opportunities in the pursuit 
 of wealth and happiness." 
 
 — Extract from letter of Attorney-General John C. Hart, 
 January 15, 1904. 
 
 Note 6. Agriculture to be taught in all common or public 
 schools of the State. 
 
 "The Act requires that the elementary principles of agri- 
 culture shall be taught as thoroughly and in the same manner 
 as other like required branches are studied and taught in the 
 schools." * * ^ * * * * 
 
 "It is my opinion that the Act referred to clearly requires 
 that the elementary principles of agriculture shall be taught 
 in all the common or public schools in the State of Georgia, 
 whether under your supervision or not, where the same re- 
 ceive aid from the State." 
 
 — Exti^act from letter of Attorney-General John C. Hart, 
 August 17, 1904. 
 
 Note 7. Relief of surety on county school commissioner's 
 bond. 
 
 The application of the surety desiring to be relieved on 
 the County School Commissioner's bond should be addressed 
 to the Governor, stating the reasons why he should be relieved 
 and should be sworn to. If the Governor deems the reasons 
 for the relief of the surety sufficient he may order the surety 
 relieved upon the condition that the principal re-executes a 
 valid bond satisfactory to the County Board of Education. 
 — Extract from letter of Attorney-General John C. Hart, 
 
 September 14, 1905- 
 Note 8. School officials can not discount claims of teachers. 
 
 "In reply to your inquiry this day submitted, viz., whether 
 a county school commissioner or members of the Boards of 
 Education of this State may buy up at a discount, or in any 
 manner speculate, in what are known as county orders or 
 "scrip," or contracts which are to be paid out of the public 
 funds of this State; I beg leave to say I think such officers 
 are public officers in the sense that it is made a misdemeanor 
 
Opinions of Attorney-Genebal. 88 
 
 for them to purchase such order, scrip or contract, as pro- 
 vided by Section 277 of the Penal Code." 
 — Extract from letter of Attorney -General John C. Hart, 
 November, 1905. 
 
 Note 9. Opinion of Attorney-General on Railroad Taxes in 
 school districts. 
 
 "Hon. William A. Wright, Comptroller- General, Atlanta, 
 Ga, 
 
 ^'Deak Sie: I am in receipt of your enquiiy of even date 
 wherein you raise the question whether corporations that 
 have made returns for their property for taxation to your 
 office may be required, under the Act approved August 21, 
 1906, known as 'An Act to provide for the creation of local 
 tax district schools,' to incorporate in their return such of 
 their property as may be within the boundaries of local school 
 districts. 
 
 ''The purpose of this amendment is to cure a defect in 
 the Act approved August 23, 1905, relative to the taxation 
 of railroad property, which Act was declared by our Supreme 
 Court in the case of Bro^vn et al. v. the Southern Railway 
 Company, as unconstitutional, in that it was antagonistic to 
 Article 7, Section 1, paragraph 1 of the -Constitution, for 
 the reason that the ad valorem tax there imposed was upon 
 the property only of taxpayers who were required by law to 
 make return of their property to the county tax receiver, and 
 omitted to tax the property of another class of taxpayers, 
 such as railroads, who are required to make returns to the 
 Comptroller-General. (See Brown et al. v. Southern Rail- 
 way Company, March term, 1906.) 
 
 "The object of the amendment under investigation was to 
 cure this defect and make specifically subject to taxation all 
 property lying within the boundaries of the school district 
 and to provide machinery for the collection of the tax. The 
 following language is found in Section 5 of this amendment, 
 as follows: 'It is hereby made the duty of every such cor- 
 poration in this State, in addition to the facts now required to 
 be shown in their returns to the Comptroller-General, to also 
 show in said returns the value of such corporation's property 
 in each of said seliool districts throuirh which it runs, and 
 
84 Co^ipiLATiox OF Com:mon School Laws. 
 
 for the iHirpose of enabling such corporation to show in said 
 returns the value of its property in such school districts, it 
 is hereby made the duty of the county superintendent of 
 schools in each county to furnish, on or before Jamiary 1, 
 1907, to each of such corporations, information as to the 
 boundaries of each school district in which such corporation 
 may have property, such as will enable such corporation to 
 determine the amount of its property in such district, and 
 he shall also furnish similar information whenever the boun- 
 daries of any school district may be clumged.' 
 
 "This language leaves no room for construction. The Act 
 was passed and approved August 21, 1906, after the date 
 recpiired by law for the return of railroad property. In the 
 a])sence of ex])licit language, a tax imposed is never to be 
 retrospective in its application. The courts always construe 
 statutes as prospective and not retrospective, unless con- 
 strained to the contrary course by the rigor of the phrase- 
 ology. (First Cooley on Taxation, 494-495.) There is no 
 language in this Act which would admit of the construction 
 that the Legislature intended that it should apply wdiere 
 returns had already been made, but on the contrary, there 
 is this express provision, that this detailed information was 
 to be given 'on or before January 1, 1907.' It was, of course, 
 impossible for the railroads to have anticipated the action 
 of the Legislature in making their returns, and having made 
 their returns in conformity with existing laws, and you, as 
 Comptroller-General having accepted those returns, yourself 
 not being able to anticipate the action of the Legislature, and 
 the returns having been thus made and thus accepted as 
 satisfactory to you, the transaction is closed. The law, how- 
 ever, by its terms, applies to future returns and not to past 
 retui-ns. It is prospective and not retrospective. It is the 
 settled policy of the Legislature to pass its tax Acts at least 
 a year preceding the year for which the tax was collectable. 
 This has been the uniform practice and there is nothing in 
 this Act which would authorize a departure from this prac- 
 tice, but on the contrary, an express provision that the mode 
 of procedure was to become operative ^on or before January 
 1, 1907.' 
 
 "I am therefore of the opinion the late amendment pro- 
 
Opinions of Attokxey-Gkxkkal. 85 
 
 vidiiiii for the collection of taxes out of corporations who 
 make their returns to your office for taxation, so far as 'dis- 
 trict school' taxes go, is not operative until January, IIKIT, 
 but where counties as such have adopted local taxation for 
 public sch<jols, the law is as to such counties now o])erative, 
 and such corporations are liable to the ])resent year for the 
 tax by virtue of the original Act independently of the late 
 ainendnient; the original Act and the general law of force 
 affording all the necessary inMcliinci'v for tho Msscs-^imiit. 
 levy and collection of the tax. 
 
 "Yours very truly, 
 '^JoHN C. Hart, Attorney-General." 
 September, 1906. 
 
 Note 10. Managers of local tax elections to be paid out of 
 school fund for that district. 
 
 "1 am not advised of any law in express terms authorizing 
 the payment of managers for holding elections by coimty 
 boards of education. The law provides for holding the elec- 
 tions. It is hardly conceivable that managers shrndd hold 
 elections without compensation. 1 have advised that when 
 an election is held for local taxation that it would be proper 
 under the general powers conferred upon boards of education 
 to advance the cause of education to provide for the payment 
 of managers of a local election out of the funds apportioned 
 to that district. Tnless the power which I have referre<l to 
 is not sufficiently broad to authorize the payment of man- 
 agers, then, as stated, I know of no other source froui which 
 they could be paid. 
 
 "I think therefore that ii i> proper for the mauagt'i> lo 
 be paid out of the funds apportioned to that district holding 
 the election/' 
 
 — Extract front a letter of Attorney-General Hart. June, 
 1908. 
 
 Note 11. Persons over eighteen years of age allowed in 
 schools upon payment of tuition. 
 
 "Under the law, as I interpret it, the right to attend the 
 coumion schools of this State without the payment of tuition 
 is restricted to boys and girls between the ages of six and 
 
86 Compilation^ of Common School Laws. 
 
 eighteen, but I do not understand that the schools are closed 
 to persons over eighteen who are willing to pay tuition. I 
 read nothing in the law which denies to persons who have 
 attained the age of eighteen from attending the common 
 schools, and do not understand that it is the policy of the 
 law to render ineligible to the common schools of this State 
 persons of that age. The policy of the law is to encourage 
 people to attend school, and while it forbids the charge for 
 tuition for persons between the ages of six and eighteen, it 
 has not closed the school-house door to persons over that age 
 who are willing to pay reasonable tuition." 
 — Extract from a letter of Attorney-General Hart, July, ipo8. 
 
 Note 12. Elections for local tax by counties or by districts 
 can not be repeated oftener than every tv^relve months, 
 but a district election may be held sooner when the 
 county election failed. 
 
 "The McMichael Act by Section 3 thereof providing for 
 an election at the instance of the county for the purpose of 
 supplementing the public school fund by levying a tax upon 
 the property of the county provides ^an election for the same 
 purpose shall not be held oftener than twelve months.' That 
 is to say if the county voting as such fails to adopt county 
 taxation that no election should be held for that purpose until 
 after the expiration of twelve months. The McMichael Act 
 by Section 4, providing for a local tax, that is to say a district 
 tax, to supplement the funds received from the State for 
 educational purposes, provides ^an election for the same pur- 
 pose shall not be held oftener than every twelve months.' 
 That is to say, if the district votes against the adoption of a 
 local tax no other election can be held by it as a district until 
 the expiration of twelve months. 
 
 "There is, however, in the Act no inhibition where a county 
 as such votes for local tax and fails that a district within 
 the county may not vote thereon within twelve months. The 
 policy as expressed in the McMichael Act is to advance the 
 cause of education by providing for taxation either by county 
 or by district and the Act should be construed in the light of 
 its clearly defined purpose. I am therefore of the opinion 
 that notwithstanding a county having voted against county 
 
Opinions of Attorn ey-Uenkral. S7 
 
 taxation that a district desiring to vote thereon need not 
 wait twelve months before submitting the question of a local 
 tax to the voters of the local district." 
 
 — Extract from a letter of Attorney-General Hart, Septem- 
 ber, 1908. 
 
 Note 13. Boundary of local tax district may be changed by 
 Board of Education after the tax has been voted, but 
 to do so destroys the existing local tax. 
 
 "I am in receipt of your letter of the 11th inst., containing 
 a request that I answer officially the inquiry: ^May the 
 Board of Education of a county change the boundary of a 
 local school district by enlarging the local tax district so as 
 to make subject to the local tax the territory added without 
 the citizens thereof voting for the tax V 
 
 "I do not think the Board of Education has the authority 
 to do this. Unquestionably the Board of Education may 
 change the boundary of school districts, either for the purpose 
 of enlarging or decreasing the territory, but when this is 
 done the question of local tax for school purposes must be 
 resubmitted to the citizens of the district. 
 
 "The purpose of the McMichael Act, under which these 
 districts are laid out is to allow counties or local districts 
 to advance the cause of education by the levy of a county or 
 local tax to supplement the money received from the State 
 in aid of public schools. The right to levy this additional 
 tax is left to the citizens of the county or district to be settled 
 by vote. In other words the burden of additional taxation to 
 support the schools if left to the people of the locality who 
 are to bear the tax. The Act must be construed in the light 
 of its purpose and the machinery provided for its accom- 
 plishment. The Act authorizes a county as such to vote, 
 a municipality or a rural community to adopt its provisions, 
 but only by a vote of the people. In no other way could a 
 local tax be imposed. This is obliged to be the law, or else, 
 if it be conceded that new territory could be added to a 
 district which voted for a local tax, then it would be possible 
 for a single district in a county which had voted for the 
 local, tax, to absorb a county by merely enlarging the boun- 
 darv of a local school district. The local tax could thus be 
 
88 Compilation of Commox School Laws. 
 
 imposed, not by vote of the people, but merely by the Board 
 of Education changing the district line. 
 
 ''Again, if the Board of Education may change the line 
 by enlarging the territory, under the same principle they 
 could by changing the line decrease the territory and thus 
 put the burden of taxation upon a limited few. 
 
 "Again, if the Board of Education is authorized to change 
 tlie boundary of a local district so as to add to it new terri- 
 tory wbere a local tax does not prevail, it may likewise change 
 the district so as to add territory from a local district to one 
 not levying a tax and thus defeat the wish of the people to 
 bear a tax for this pui-pose. 
 
 "The position of the voter at the time he votes is^ witli 
 the lines as thus laid <uit, he is in favor of a local tax and 
 so votes; and, thcu'efore, for a Board of Education to change 
 the line thereafter, either by enlarging or diminishing the 
 territory, should not bind the voter because different condi- 
 tions would prevail by reason of any change than those exist- 
 ing at the time of his ballot. This would not be local 
 option — a tax self-imposed by the voter — but might become 
 a tax in spite of his objection. This won hi be neither within 
 the letter nor the s])irit of the McMichael Act. 
 
 ''I am of the opinion, therefore, that where a district has 
 voted for a local tax, the Board of Education of a county 
 has no authority to materially change the boundary and 
 continue the tax without first submitting the qiu'stion to the 
 people in the old and the new territory to be effected by such 
 change." 
 
 — Extract from a letter of Attorney-General Hart, January 
 12, ipop. See also decision of State Board of Educa- 
 tion in appeal from Carroll County, Note 5, page 96. 
 
 Note 14. Persons may not hold but one county office at one 
 time but may hold two public offices. 
 
 "Replying to your letter requesting my opinion whether 
 a judge of a city court may also at the same time be a member 
 (»f the county board of education, I beg to advise: 
 
 "He would be eligible. The Section of the Code 224, Vol. 
 -[, inhibits a person holding at one time more than one county 
 office, but there is no e-xpress provision of law inhibiting the 
 
1)K( 1>1<).\>> Ml- A r I Mic.N 1, 1 -( JK.N l-.KAl,. ^".i 
 
 holding of two public offices at one time, assuming that tlie 
 duties are not incompatible. It does not occur to me that 
 there could possibly be any conflict in discharging the duties 
 of the two offices.'' 
 
 — Extract from opinion oj A H<>niri/-i irncntl //ml, }/iir(li 
 t6, ipio. 
 
 Election Expenses. 
 
 I'nder the Act <»f the General Asscml)ly api)n)ved Decem- 
 ber 17th, 1890 (Acts 1896, p. 40) the expenses of an election 
 held in a county to determine whether there shall be local 
 taxation for the support of public schools, as provided for 
 under the Mc^Iichael Act, should be paid by the county and 
 should not l)e taken from the conunon school fund of such 
 county. 
 
 Attorney-General II. A. //nil. J a unary -/. ipii. 
 
90 Compilation of Common School Laws. 
 
 PAKT XVII. 
 
 EXTRACTS FROM DECISIONS OF SUPREME COURT. 
 
 Note 1. Bequest for board of education includes clothes. 
 
 A child, to be educated, has to be clothed. And it is a gen- 
 eral principle that a grant of the end is a grant of the means. 
 According then to this principle, the bequest of an education 
 to the children was a bequest to them of their clothes during 
 the period of their education. (Georgia Keport, Vol. 28, 
 page 370.) 
 
 Note 2. Dismissal by local trustees for cruel treatment of 
 pupils. 
 
 Where, in 1876, local trustees chosen bj the teacher and 
 his patrons (conformably to the system established by the 
 County Board of Education) dismissed the teacher for cruel 
 treatment to pupils, and thereupon the matter was brought 
 by the teacher before the Board, who, after hearing evidence 
 on both sides, approved the action of the trustees, and passed 
 an order not revoking his license, but suspending him in- 
 definitely as a teacher at that particular place; the decision 
 of the Board was upon a matter of "local controversy in 
 reference to the construction or administration of the school 
 law," and not being appealed from, was binding upon all 
 parties. 
 
 For teaching done in defiance of such decision, and pend- 
 ing a possession of the school-house acquired by force, no 
 right whatever accrued to compensation out of the common 
 school fund. (Georgia Report, Vol. 61, page 413.) 
 
 Note 3. County school commissioner may be compelled by 
 mandamus to audit a claim. 
 
 If this teacher was wrongfully treated by the Commissioner 
 in the refusal to audit his account so as to give the Board of 
 
Decisions of Supreme Court. 91 
 
 Education jurisdiction, his remedy was by mandamus to 
 compel this ministerial officer to do his duty, if it was his 
 duty, to audit it. (Georgia Eeport, Vol. 67, page 481.) 
 
 Note 4. Power to build school houses. 
 
 Unless there is something in the charter of a municipal 
 corporation which forbids the building of school-houses, the 
 city may do so. This is within the scope of the general 
 powers of the municipal corporation, and is not prohibited 
 by the Constitution of 1877. (Georgia Eeport, Vol. 73, page 
 686.) 
 
 Note 5. Right of certain public oflacers to make defense. 
 
 "That a public officer who has under the law a fixed term 
 of office, and who is removable only for definite and specific 
 causes can not be removed without notice and a hearinor on 
 the charge or charges preferred against him, with an oppor- 
 timity to make defense." (Georgia Eeport, Vol. 103, page 
 458.) 
 
 Note 6. Methods of procedure when two persons claim same 
 office. 
 
 The Supreme Court has decided that whenever two persons 
 are claiming the same office as member of the County Board 
 of Education, and both persons hold commissions, "Such 
 commissions would not be conclusive, but only prima facie 
 evidence of their right to hold office. ' The officers sought to 
 be removed * * * * could compel those presenting the 
 new commissions to institute proper proceedings to test their 
 legal right to the office. Moreover, the writ of injunction 
 does not in such cases, lie against an executive officer of the 
 State." (Georgia Eeport, Vol. 103, page 462.) 
 
 Note 7. Discretion in continuing or discontinuing schools. 
 
 The County Board of Education of Eichmond county has 
 the discretionary power, under the law, of establishing or 
 discontinuing high schools at such points in the county as 
 the interest and convenience of the people may require. 
 
 Under the facts of this case, there was no abuse of such 
 discretion by the County Board in discontinuing the high 
 
92 Compilation of Common School Laws. 
 
 school established for the colored race, although it left in 
 operation a similar school for white females and contributed 
 to the support of the high school for white boys and girls, 
 which, however, it had not established. (Georgia Report, 
 Vol. 103, page 641.) 
 
 Note 8. Refusal to comply with regulations. 
 
 The authorities of a public school have full power to make 
 it a part of the school course to write compositions, and 
 enter into debates, and to prescribe that all pupils shall par- 
 ticipate therein. 
 
 Whether a particular subject given by such authorities 
 for composition or debate is suited to the age and advance- 
 ment of the pupil, is a question for determination bv such 
 authorities, and not by the courts. 
 
 AVhere a pupil has been instructed to pre])are a pa])er on 
 such a subject does not do so, or reads a paper prepared by 
 her father, and containing expressions which are improper 
 and disrespectful to the teach(^r, the oifense is two-fold ; and 
 although the school authorities may excuse and condone the 
 y)repai"ation by the father of the paper actually read, and 
 also its reading by the pu]nl, the latter may still be punished 
 for her failure to herself ])re])are in compliance with instruc- 
 tions. If the ])unishment imposed be the y)reparation of a 
 paper on the same snbjeet, at a later date, and the ])npil 
 refuse to prepare it, such ])upil may be diseijdined l)y ex- 
 ]^ulsion, or suspension, or other proper punishment. (Geor- 
 gia Report, Vol. TIT, page SOI.) 
 
^NAItl.K iJoAUDS I'o I)<»i;i;(t\V MoNKV. tK') 
 
 rAKT XV 1 11, 
 
 1910 SCHOOL LEGISLATION. 
 
 TO ENABLE COUNTY BOARDS OF EDUCATION TO 
 BORROW MONEY. 
 
 Section 1. Be it enacted \)\ the (General Asseinl)ly of 
 Georgia and it is hereby enacted bv the anthority of the 
 same, That from and after the passage of this Act the 
 Connty Boards of Edncation of the several connties of this 
 State shall have the powcM* and authority whenever they 
 deem it necessary, to borrow a sufficient amount of money, 
 and no more, to pay the salaries of the teachers in the pub- 
 lic schools of their counties; provided, however. That' no 
 Board of Education shall have the right to borrow money 
 to pay the salaries of the public school teachers of said 
 county, for any time except the current school year in 
 which it is so lx)rro\ved. Provided, That no Board of Edu- 
 cation shall have authority under this Act to borrow a sum 
 of money greater in the aggregate than the sum to which 
 the county may be entitled from the public school fund. 
 
 Sf:c. '2. Be it further enacted that in order for any Board 
 of Education to bor^-ow money for the purpose hereinbefore 
 stated there shall be passed by said Board a resolution author- 
 izing said money to be borrowed in which resolution it shall 
 be stated the amount of money to be borrowed, the length 
 of time the same is to be used, the rate of interest to be paid 
 and for what purj)ose borrowed alid from whom the same 
 is to b(» borrowed, which resolution shall be by the County 
 School Commissioner recorded on the minutes of the meet- 
 ings of said Board of Education. 
 
 Sec. 3. Be it further enacted. That no money shall be 
 borrowed for any longer time than is necessary and the same 
 shall be paid back out of any funds coming into the hands 
 
94 Compilation of Common School Laws. • 
 
 of the County School Commissioner that can be legally ap- 
 plied to the payment of the same. 
 
 Sec. 4. Be it further enacted, That said Board of Edu- 
 cation so borrowing money shall borrow the same at as low 
 a rate of interest as possible and they are authorized to pay 
 the interest on said money out of the public school fund for 
 said county. 
 
 Sec. 5. Be it further enacted, That at the spring term 
 of the Superior Court of each county in this State where 
 money has been borrowed by the Board of Education under 
 the provisions of this Act, the County School Commissioner, 
 shall include in his report to the grand jury the amount of 
 money so borrowed during the preceding year, from whom 
 borrowed, the rate of interest paid, the date or dates the 
 same was borrowed and when paid back. 
 
 Sec. 6. Be it further enacted. That after the resolution 
 aforesaid has been passed by any Board of Education the 
 President of the Board of Education together with the 
 County School Commissioner shall have the right to exe- 
 cute a note or notes in the name of the Board of Educa- 
 tion of said county for any money that is authorized to be 
 borrowed, under the resolution passed by said Board of 
 Education. 
 
 Sec. 7. Be it further enacted. That when any money 
 shall be borrowed under the provisions of this Act the same 
 shall be paid over to the County School Commissioner and 
 become a part of the public school fund of said county and 
 the same shall be by the County School' Commissioner paid 
 out to the teachers of said county and the County School 
 Commissioner shall be responsible for any money borrowed 
 under authority of this Act and paid into his hands in the 
 same way and to the same extent that he is responsible for 
 any other public school funds coming into his hands. 
 
 Sec. 8. Be it further enacted. That all laws and parts 
 of laws in conflict with this Act be and the same are hereby 
 repealed. 
 
 Approved July 15, 1910. 
 
Local Tax Election. 95 
 
 TO ALLOW MUNICIPALITIES TO HOLD LOCAL TAX 
 
 ELECTION. 
 
 Section 1. Be it enacted by the General Assembly of 
 Georgia, That any municipality authorized by law to estab- 
 lish and maintain a system of public schools by local taxa- 
 tion, in whole or in part, and which is not now specifically 
 authorized to hold an election on the question of local tax- 
 ation for school purposes shall have the right to submit 
 the question of local tax for public schools to the qualified 
 voters of the municipality. 
 
 Sec. 2. Be it further enacted, That upon petition of 
 one-fourth of the qualified voters of such municipality, the 
 municipal authorities shall order an election to be held not 
 earlier than twenty days and not later than forty days after 
 receiving such petition. Xotice of such election shall be 
 published in a newspaper in the municipality at least once 
 a week for two weeks before the election, or, if there be no 
 such newspaper, then notice of such election shall be posted 
 in at least three conspicuous places within the municipality 
 ten days prior to the election. 
 
 Sec. 3. Be it further enacted. That those favoring local 
 taxation for public schools shall have written or printed on 
 their ballots "For local taxation for public schools," and 
 those opposed shall have written or printed on their ballots 
 "Against local taxation for public schools." 
 
 Sec. 4. Be it further enacted, That the returns of such 
 election shall be made, and the result declared, as prescribed 
 for other elections in and for the municipality. Two-thirds 
 of those voting shall be necessary to carry the elections for 
 local taxation. An election for the purpose herein named 
 shall not be held oftener than once every twelve months. 
 
 Sec 5. Be it further enacted. That all laws in conflict 
 with this Act are hereby repealed. 
 
 Approved August 13, 1910. 
 
96 Compilation of Common School Laws. 
 
 TO ENABLE COUNTY BOARDS OF EDUCATION TO 
 
 FILL UNEXPIRED TERMS OF COUNTY SCHOOL 
 
 COMMISSIONER. 
 
 Section 1. Be it cnactcMl by the General Asseinl)ly of 
 the State of Georgia, and it is hereby enacted by authority 
 of the same, that Section 4 of said Act be amended by strik- 
 ing from Secticm -1- all the words thereof after the word 
 "^term" in the seventh line and snbstitnting the words "and 
 in snch case the provisions of Section 2 hereof shall not 
 apply, so that said Section as amended will read as follows: 
 Section 4. Be it further enacted by the anthority aforesaid, 
 That in case of a vacancy caused by death, resignation, re- 
 moval from office or from any causc^ \\'hatsoever in the office 
 of County School Commissioner in any comity of this State, 
 the County Board of Education shall elect a County School 
 Connnissioner for the unexpired term, and in such case the 
 provisions of Section 2 hereof shall not ap]>ly." 
 
 Sec. 2. Be it further enacted. That all laws and ])arts 
 of laws in conflict with this Act be and the same are hereby 
 repealed. 
 
 Approved August 15, 1910. 
 
Pkrson's High Scikxh. Tax Amp:ndment. 97 
 
 PERSONS' CONSTITUTIONAL AMENDMENT TO 
 ALLOW TAX FOR HIGH SCHOOLS. 
 
 Section 1. Be it enacted bv the General Assembly uf 
 Ge<n'gia and it is hereby enacted by authority of the same, 
 That Paragi-aph 2 of Section 6, Article 7 of the Constitu- 
 tion of this State be, and the same is hereby amended by 
 striking from said Paragraph 2, Section- 6, Article 7, the 
 following words '^in instructing children in the elementary 
 branches of an English education only." So that when said 
 Paragraph is amended it will read as follows: 'The General 
 Assembly shall not have power to delegate to any county the 
 right to levy a tax for any purpose, except for educational 
 purposes, to build and repair the public buildings and 
 bridges; to maintain and support prisoners; to pay jurors 
 and coroners, and for litigation, (]uarantine, roads and ex- 
 penses of courts; to support paupers and pay debts hereto- 
 fore existing.'' 
 
 Sec. 2. Be it further enacted, that whenever the above 
 proposed amendment to the Constitution shall be agreed to 
 by two-thirds of the members elected to each of the two 
 Houses of the General Assembly and the same has been 
 entered on their Journals with the ayes and nays taken 
 thereon, the Governor shall cause said amendment to be pub- 
 lished in at least two newspapers in each Congressional Dis- 
 trict in this State for the period of two months next pre- 
 ceding the time of holding the next general election. 
 
 Sec. 3. Be it further enacted. That the above proposed 
 amendment shall be submitted for ratification or rejection 
 to the electors of this State at the next general election to 
 be held after publication, as provided in the second Section 
 of this Act in the several election districts of this State,' at 
 which election every person shall be qualified to vote who 
 is entitled to vote for members of the General Assembly. 
 All persons voting at said election in favor of adopting the 
 
08 COMPILATTOIN^ OF CoMMON ScHOOT. LaWS. 
 
 proposed amendment to the Constitntion shall have written 
 or printed on their ballots the words: "For amendment 
 of Paragraph 2, Section 6, Article 7, permitting connties 
 to levy taxes for educational purposes," and all persons 
 opposed to the adoption of said amendment shall have writ- 
 ten or printed on their ballots the words "Opposed to amend- 
 ment of Paragraph 2, Section 6, Article 7, permitting coun- 
 ties to levy taxes for educational purposes." 
 
 Sec. 4. Be it enacted, That tlie Governor be and he is 
 hereby authorized and directed to ])rovide for tlie submis- 
 sion of the amendment proposed in this Act to a vote of 
 the people, as required by the Constitution of this State in 
 Paragraph 1 of Section 1 of Article 13, and if ratified the 
 Governor shall, when he ascertains such ratification from 
 the Secretary of State to whom the returns shall be referred, 
 in the manner as in cases of elections of members of the 
 General Assembly, to count and ascertain the result, issuc^ 
 his proclamation for one insertion in one of the daily papers 
 in this State, announcing such result and declaring the 
 amendment ratified. 
 
 Sec. 5. Be it further enacted, That all laws and parts 
 of laws in conflict with this Act be and the same are hereby 
 repealed. 
 
 Approved August 4, 1010. 
 
AX I )isrRi("J's Across Coi xtv I.ixe:?. 09 
 
 TO ALLOW LOCAL TAX DISTRICTS LAID OFF ACROSS 
 COUNTY LINES. 
 
 Section 1. Be it enacted by the General Assembly of 
 the State of Georgia, and it is hereby enacted by the author- 
 ity uf the sAme, That the Act approved August 21, 1906, 
 entitled, ''An Act to amend an Act entilted, 'An Act to 
 provide for the creation and operation of local tax district 
 schools, and for levying and collection of local tax by dis- 
 tricts or counties for educational purposes, for the laying 
 off of counties in school districts, and for other purposes,' 
 approved August 23, 1905, so as to provide for amending 
 the caption, to provide a proper enforcement of the bill 
 and for the laying off of counties into districts of reason- 
 able size, for the election of district trustees, whether local 
 tax is levied and collected or not, to provide a correct 
 method of assessing and collecting the taxes in local dis- 
 tricts, and for other purposes," be and the same is hereby 
 amended by adding after the word ''so" near the middle of 
 the 17th line of Section 1, of said Act as amended as it 
 appears in the published Acts of 1906, on page 66 of said 
 published Acts, the following words, to-wit : "By concurrent 
 consent and action. Boards of Education of two or more 
 adjoining counties may lay off and define school districts 
 without regard to county lines; provided. That the Board of 
 Education of the county in which the school-house is located 
 shall have supervision of same; and provided. That the Ordi- 
 nary of the county in which the school-honse is located shall 
 order the election ; and provided, That the tax collector of 
 each county from which territory has been cut, shall collect 
 the school tax levied by the trustees of the school districts 
 tlius formed in the territory cut from his county, and shall 
 pay the same when collected to the authorized officer of 
 said board," so that said Section of said Act shall, w^hen 
 amended, read as follows: "Section 1. Be it enacted by 
 the (Jeneral Assembly of Georgia, and it is hereby enacted 
 by anthority of the same. That within thirty days after the 
 
100 Co.Airij.AnoN of Common School Laws. 
 
 passage of this Act, or as soon thereafter as practicable, it 
 shall be the duty of the County Board of Education of each 
 county in Georgia, to lay off the county into school dis- 
 tricts, the lines of which shall be clearly and positively de- 
 fined by boundaries, such as creeks, public roads, land lines, 
 district lines or county lines. The school districts thus 
 marked out shall contain an area of not less than sixteen 
 square miles, and where practicable, shall be so shaped as 
 to have the school buildings as near the center as possible, 
 and no territory shall be included whose occupants reside 
 further than three miles from the school-house without writ- 
 ten petition of two-thirds of the qualified voters therein ; 
 provided, That the board of education may have the right to 
 establish districts Avith areas less than sixteen square miles 
 where there are natural causes or local conditions that make 
 it necessary to do so. By concurrent consent and action, 
 boards of education of two or more adjoining counties may 
 lay off and define school districts without regard to county 
 lines ; provided, That the Board of Education of the county 
 in which the school-house is located shall have supervision 
 of same; and provided, That the Ordinary of the county in 
 which the school-house is located shall order the election; 
 and provided. That the tax collector of each county from 
 which territory has been cut, shall collect the school tax 
 levied by the trustees of the schood district thus formed in 
 the territory cut from .his county, and shall pay the same 
 when collected to the authorized officer of said board. The 
 natural causes which will permit the creation of smaller dis- 
 tricts' are mountains, streams over which there are no 
 bridges, and dangerous roads. Local conditions which will 
 permit the creation of «mall districts must be determined 
 by the Board of Education. "In counties having incor- 
 porated towns, now levying a local tax for educational pur- 
 poses and operating a public school system under their 
 town charter or special Act of the Legislature, the county 
 Board of Education, with the consent of the municipal au- 
 thorities, may create a school district larger than the incor- 
 porated limits of the town by adding adjacent territory not 
 already included in the incorporated limits, and the dis- 
 trict thus marked out shall become a school district upon 
 
'J\\X DlSTKK rs A( IJOSS ('(U .\1V Ll.XKS. 101 
 
 the vote of the people as hereinafter provide*!, hut such 
 sehool district, includins: incorporated towns, having a popu- 
 lation of four thousand or more, shall be and remain under 
 fhe exclusive supervision and direction of the school boards 
 of the previouslv chartered schools in said class of incor- 
 porated towns and not under supervision of County Board 
 ef Education, and the school boards of such chartered schools 
 in incor])orated towns shall be trustees of said school district 
 under this Act; provided, fiirthrr, That if there be located 
 in such school districts a chartered school controlled bv a 
 board of stockholders or by directors elected by them, the 
 management and control of said chartered school shall re- 
 main in them, and they shall have all the rights and privileges 
 of this Act to collect local taxes as hereinafter provided in 
 this Act, and to receive their share of the State public school 
 fund. A map of the county thus laid off, plainly outlining 
 the boundaries of the school district with full description 
 thereof, shall be filed with the Ordinary within forty days 
 after the passage of this Act, or as soon thereafter as practi- 
 cable, and the boundaries of said school districts shall not be 
 altered any f>ftener than two years. The County Board of 
 Education, in laying off the county, shall disregard any school 
 districts embracing territory not included in incorporated 
 towns heretofore created by special Act of the Legislature. 
 The failure of any County Board of Education to comply 
 with tile requirements of this Section within six months after 
 th(^ ])assage of this bill shall operate to annul their commis- 
 sions, and vacancies thus created shall be filled as the law 
 requires such vacancies to be filled." 
 
 Sec. 2. Be it further enacted by the authority aforesaid. 
 That all laws and parts of laws in conflict with this Act be, 
 ;md the same are, hereby repenlecl. 
 
 A]»]. roved Auo-ust IT), 1910. 
 
102 Co]\iPiLATiON OF Common School Law; 
 
 1911 SCHOOL LEGISLATION. 
 
 AN ACT TO REVISE THE SCHOOL LAWS OF aEORGIA. 
 
 Sectiot^ 1. Be it enacted by the General Assembly of 
 the State of Georgia, and it is hereby enacted by the authority 
 of the same. That there shall be a State Board of Education 
 composed of six members, as follows : The Governor, the 
 State Superintendent of Schools, and four other persons, who 
 shall be appointed by the Governor of the State, two for two 
 years and two for four years, their terms of office thereafter 
 to be for four years each, or until their successors are ap- 
 pointed and qualified. At least three of said appointees shall 
 be men of practical experience in teaching schools and of high 
 standing in educational work, having at least three years' 
 practical experience as a teacher in the schools of Georgia, 
 and being thoroughly conversant with the operation of rural 
 schools. Should a vacancy occur at any time ill said Board 
 it shall be filled by the Governor ; provided. That the nomina- 
 tion of the Governor for membership on the State Board of 
 Education shall be subject to confirmation by the Senate; 
 and provided further, That an appointment made when the 
 Senate is not in session shall be effective until the Legislature 
 convenes and acts on the appointment. No person who is 
 now or has been connected with or employed by a school- 
 book publishing concern shall be eligible to membership on 
 said State Board of Education, and if any person shall be- 
 come so connected or employed after becoming a member of 
 said Board his place on said Board shall become vacant. 
 
 Sec. 2. The said Board of Education shall take oaths 
 of office and enter upon the discharge of their duties imme- 
 diately after their appointment. They shall meet in the 
 office of the State Superintendent of Schools. The Governor 
 shall preside over their body as Chairman of the Board when 
 it is practicable for him to be present ; but when he can not 
 be present, they shall select their Chairman and proceed with 
 
I'Jll SciK.nL I. AW. I0:j 
 
 their biisiiu'ss wliciicvor a majority ul the Jiuard is present. 
 The Board shall meet at least (juarterly in regular session 
 and at any other time when an emerjuency arises, and they 
 shall be called together hy the Governor of the State or State 
 School Superintendent. The four ai)pointees shall receive 
 as compensation for their services $2r)0.00 per annum each, 
 which shall be paid out of the State Treasury on the warrant 
 of the Governor and be allowed their actual traveling ex- 
 penses in going and returning to their homes, upon submit- 
 ting a sworn itemized statement, accompanied by proper 
 vouchers and not otherwise. The totid expenses for the 
 four a^ppointees shall not exceed $100. 
 
 Sec. 3. The State Board of Education shall provide rules 
 and regulations for the su])ervision of all schools in the 
 State. They shall provide the conrse of study for all com- 
 mon and high schools of the State receiving State aid. They 
 shall select and make <^ut a list of text-books to be taught in 
 said schools, which can be changed oidy every five years; 
 unless the peculiar conditions of any county or community 
 demand certain changes, in which case, the County Board, 
 together with the County Superintendent, shall make appli- 
 cation to the State Board suggesting such changes and give 
 their reasons therefor, whereupon if the said Board sees 
 proper, their request shall be gTanted. Provided, This clause 
 shall in no way affect the present State adoption of books. 
 This Board of Education shall be the final court of n]>peal 
 to hear and decide all matters which have been appealed from 
 the State Superintendent of vSchools. They shall determine 
 the necessary office force of the State Superintendent of 
 Schools and shall fix the compensation of the same. Xot, 
 however, to exceed $1,S0().00 per annnm more than at present 
 paid. 
 
 Sec. 4. Each county in the State shall constitute a school 
 district and the ]>ublic school funds shall be apportioned 
 among the several districts by the State Board of Education 
 as now provided by law. They shall also provide for normal 
 instruction of teachers in each of the districts, either by 
 institutes or otherwise. They shall have power to compel 
 the attendance of teachers upon such normals and institutes, 
 to provide penalties for non-attendance, to provide for the 
 
104 Co^NfPii.ATiox OF Common School Laws. 
 
 exaiiiination of the teachers of said State, and to grant 
 licenses to those that are qnaliiied who desire a State or 
 special liecnse. 
 
 Sec. 5. Be it further enacted, That in the place of 
 the State School Commissioner the office of State Super- 
 intendent of Schools is substituted; provided, That the per- 
 son now holding the office of State School Commissioner 
 shall serve as State Superintendent of Schools during the 
 remainder of the term for which he was elected, and exercise 
 all of the duties now exercised by such official, in addition 
 to powers herein granted. The term of office shall be for 
 two years and until his successor is elected and qualified. 
 He shall be elected as the present State School Commissioner 
 is elected and exercise the same powers, except as herein- 
 after may be changed or altered. 
 
 Sec. 6. Be it further enacted. That upon entering upon 
 the discharge of his official duties, the State Superintendent 
 of Schools shall give bond in the penal sum of Ten Thousand 
 ($10,000) Dollars to the State of Georgia, with some ap- 
 proved surety company which shall be acceptable to the 
 Secretary of State, conditioned that he will truly account 
 for and apply all money or other property which may come 
 into his hands in his official capacity for the use and benefit 
 of the purpose for which it is intended, and that he will 
 faithfully perform the duties enjoined upon him by law. 
 He shall take and subscribe an oath to diligently and faith- 
 fully discharge the duties of his office. The bond with cer- 
 tified endorsement thereon, shall be filed with the Secretary 
 of State, the premium charged for said bond shall be paid 
 out of the Treasury of the State. 
 
 Sec. 7. In addition to the powers hereinbefore given, 
 the said State Superintendent of Schools shall be the Secre- 
 tary and Executive Agent of the State Board of Education, 
 for which services he shall receive One Thousand ($1,000) 
 Dollars. 
 
 Sec. 8. Be it further enacted. That to render a person 
 eligible to hold the office of State Superintendent of Schools 
 he shall be a man of good moral character, of high educa- 
 tional standing, have had at least three years' practical ex- 
 perience as a teacher, or in lieu thereof shall have a diploma 
 
i!M 1 s. II....1 [.AW. lo:, 
 
 from a reputable college or normal school, or shall have had 
 five years' experience in the actual supervision of schools, 
 and be at least thirty years of age. 
 
 Sec. 9. The State Superintendent of Schools shall carry 
 out and enforce all the rules and regulations of the State 
 Board of Education and the laws governing the schools of 
 the Statp receiving State aid, he shall from time to time 
 make such recommendations to the State Board as may affect 
 the welfare and efficiency of the public schools throughout 
 the State: he shall have authority to suspend a County 
 Superintendent of Schools for incompetency, willful neglect 
 of duty, misconduct, immorality or the commission of crime 
 involving moral turpitude ; providing, of course. That all of 
 his acts in this matter shall be subject to the approval of the 
 State Board of Education and the party so suspended may 
 a])peal his case to the State Board, whose decision shall be 
 final. The State Superintendent of Schools shall have power, 
 with the consent and approval of the State Board of Educa- 
 tion to appoint three State School Supervisors, whose pro- 
 fessional qualifications shall be the same as State Superin- 
 tendent's who shall act under the direction of the State 
 Superintendent of Schools and fill the place of the experts 
 provided for in the Acts of 1891, which were amended in 
 1892 and 1893. The salaries paid these Supervisors shall 
 be fixed by the State Board of Education and shall not exceed 
 Two Thousand Dollars each per annum, together with neces- 
 sary traveling expenses; provided, The same shall not exceed 
 $2,000 dollars. The Supervisors shall keep itemized state- 
 ments of their expenses, which shall be sworn to monthly 
 and approved by the State Superintendent of Schools and 
 be paid out of the State Treasury. Tt shall be especially the 
 duty of these Supervisors to act as instructors of institutes 
 to give State noruial instruction and training as the State 
 Superintendent may direct in each county ; to grade the 
 ])apers of applicants for professional certificates or State 
 licenses and to aid generally in supervising, systematizing 
 and improving the schools of the State under the direction 
 of the State Superintendent of Schools. 
 
 Skc. 10. The State Superintendent of Schools with the 
 advif-e and approval of the State Board of Education, shall 
 
106 CoMPILATIOX or Co]\[M02s ScHOOL LaWS. 
 
 ai^point one person who shall be a competent and experienced 
 bookkeeper and accountant at a salary of Two Thousand 
 Dollars per annum, together with his actual traveling ex- 
 penses, whose duty it shall be to thoroughly audit and check 
 the books and accounts of County Superintendents and tho 
 Treasurers of local school systems, of municipal systems, of 
 the State University and all its branches, including the Dis- 
 trict Agricultural Schools, the State College of Agriculture, 
 Technological Schools and all other schools receiving State 
 aid and make regular annual reports to the State School 
 Superintendent showing the amount received, for what pur- 
 poses received, and for what purposes expended. All such 
 funds held by officials must be kept in banks separate from 
 their individual bank accounts. He shall be allowed his 
 traveling expenses from itemized statements sworn to, as the 
 Supervisors are allowed theirs in the foregoing section, pro- 
 vided the total expenses shall not be more than $1,000 per 
 annum. 
 
 Sec. 11. It shall be the duty of the State Superintendent 
 of Schools, in addition to the poAvers already granted, that in 
 the event of a misapplication of any of the funds apportioned 
 to any of the institutions of learning or schools receiving 
 State aid he shall at once proceed to recover the same by the 
 institution of proper procedure in the courts of competent 
 jurisdiction after demand is made upon the party misap- 
 plying the funds 'to settle same. Should it become necessary 
 to procure additional legal services other than that of the 
 Attorney-General, the Governor is authorized to procure 
 special or local counsel and arrange to pay for the recovery 
 of said funds, such fee out of the funds collected as is usual 
 and customary in the locality where the suit is instituted. 
 
 Sec. 12. Be it further enacted, That the office of County 
 Superintendent of Education shall be substituted for the 
 office of County School Commissioner; provided, That the 
 persons now^ holding the office of County School Commis- 
 sioner shall continue to serve as County Superintendent of 
 Schools during the remainder of the term for which they 
 were elected respectively. In the regular election for State- 
 house officers prior to the expiration of the present term of 
 office of the County School Commissioner, there shall be 
 
1911 School Law. 1i>7 
 
 elected by the qiialitied voters of each cuuiity in this State 
 a County Superintendent of Schools,' whose term of office 
 shall be for four years ; and every four years thereafter there 
 shall be an election for the purpose of filling such office. 
 The (hities of the County Superintendent of Schools shall be 
 the same as those of the County School Commissioner, except 
 as hereinafter changed. It shall be his duty to enforce all 
 regulations, rules, and instructions of the State Superin- 
 tendent of Schools and of the County Board of Education 
 according to the laws of the State and the rules and regu- 
 lations made by the said State Board of Education that are 
 not in-c(mflict with the State laws; and he shall, together with 
 the State Supervisors hereinbefore provided for, superintend 
 the county normals and institutes for the teachers of his 
 county, and shall visit every school, both white and colored, 
 within his school district which receives State aid, at least 
 once every sixty (60) days and familiarize himself Avith 
 the studies taught in said schools, see what a<lvancem(nt is 
 being made by the pupils, advise with the teachers and 
 otherwise aid and assist in the advancement of education. 
 
 Sec. 13. He shall superintend examinations of all teach- 
 ers of his county as provided by law. Tie shall hereafter 
 suspend any teacher under his sui)ervision for a non-per- 
 formance of duty, incompetency, immorality or inefficiency, 
 and for other good and sufficient cause, from which decision 
 the teacher may appeal to the County Board of Education, 
 and either being dissatihed with their decision, they can 
 appeal to the State Superintendent or from there to the 
 State Board of Education, the decision of which shall be 
 final. 
 
 Sfx\ 14. Before any person shall l)e qualified or eligible 
 to the office of County Superintendent of Schools, he shall 
 have had at least three years' practical experience in teaching, 
 one year of which shall have been in the schools of Greorgia, 
 hold a first-grade license, or in lieu thereof shall have a 
 diploma from a reputable college or normal school, or shall 
 have had five years' experience in the actual supennsion of 
 schools, or stand an ap])roved examination before the State 
 Board as to his qualifications, and be a resident of the county 
 in which he offers for election, be a person of good moral 
 
10 S Compilation of Common School Laws. 
 
 character, never convicted of any crime involving moral tiir- 
 pitnde. The County Superintendent shall perform all the 
 clerical duties which are now required of the County School 
 Commissioner. 
 
 Sec. 15. Be it further enacted, That each County School 
 Superintendent within the State of Georgia shall receive a 
 minimum salary of $450.00 per annum, and an annual allow- 
 ance of $150.00 for the purpose of defraying the expenses of 
 visiting the schools within his county at least every sixty 
 (60) days, or a total of $600.00, which salary shall be paid 
 out of the school funds of Georgia monthly ; and in addition 
 thereto, the county Board of Education shall allow such 
 additional compensation for the services to be rendered as 
 may be in their judgment proper and just. 
 
 Sec. 16. Be it further enacted, That the County Board 
 of Education shall consist of five (5) members as now pro- 
 vided by law and selected by the grand jury as now pro- 
 vided by law, except that the grand jury in selecting such 
 members shall not select one of their own number then in 
 session, nor shall they select any two of those selected from 
 the same militia district or locality, nor shall they select 
 any person who resides within the limits of a local school 
 system operated independent of the County Board of Edu- 
 cation, but shall apportion members of the Board as far as 
 practicable over the county ; they shall select men of good 
 moral character, who shall have at least a fair knowledge of 
 the elementary branches of an English education and be 
 favorable to the common school system. 
 
 Sec. 17. Be it further enacted, That the County Board 
 of Education shall have and -exercise all the powers that are 
 now exercised by the County Board of Education except as 
 may be herein changed ; provided, That the County Superin- 
 tou(UMit (»f Scliools and County Board of Education shall make 
 rules to govern the county schools of their respective counties ; 
 upon being called together by some one of their number after 
 their selection, they shall organize by selecting a chairman. 
 The County Superintendent shall act as Secretary of the 
 Board, and keep the minutes of their meetings and make a 
 ])ermanent record of the same and do any other clerical Avork 
 that they may direct him to do. Said board may suspend 
 
IJil 1 School Law. liM^ 
 
 the County Superinteudent same a.s State Superintendent, 
 and may suspend teachers same as County Superintendent. 
 In each case there may be an appeal to State Board. 
 
 Sec. 18. Be it further enacted, That after the passage 
 of this Act, the Board of Education of any county shall have 
 the right if, in their opinion, the welfare of the schools of 
 the county and the best interests of the pupils require, to 
 consolidate two or more schools located in the same or differ- 
 ent district*? into one school, to be located by said Board at 
 a place convenient to the pupils attending the same, said 
 school-house to be located as near the center of the district or 
 districts involved as practicable. Whenever two or more 
 schools are consolidated as hereinafter provided, the County 
 Superintendent shall call an election of trustees for said con- 
 solidated schools from the district or districts concerned; 
 said election shall be held in accordance with the provisions 
 of existing law, and the result determined and declared by 
 the Board of Education. The County Board of Education 
 shall have the further power, when the best interests of 
 schools demand, to separate or divide any school district into 
 two or more school districts and to provide for the election 
 of a Board of Trustees for each of said districts, and to do 
 all other things for the government and. control of said dis- 
 tricts as is herein provided for the organization and control 
 of school districts. Provided, That such County Boards of 
 Education shall have authority to establish two schools in 
 any school district in this State if they deem it best to do so. 
 
 Sec. 19. Be it further enacted, That whenever in the 
 opinion of the County Board of Education, the best interests 
 of the schools demand, the Board of Education shall have 
 the right to consolidate two or more districts or parts of 
 districts or to add any part of one district to any other dis- 
 trict or to change the line or lines of any district at any time, 
 when, in their judgment, the best interests of the schools 
 require such change, into one school district with the purpose 
 of the election of the Board of Trustees and of the location 
 of the school at some central place as hereinbefore provided ; 
 but should as many as ten of the patrons of the said school 
 or schools object to the consolidation, it .shall be the duty 
 of tlie Couiily Superinfendeut to e;ill ;ni election to l>e held 
 
110 Compilation of Commox School Laws. 
 
 ill said district or districts affected, giving thirty (30) days 
 notice of same by publistiing the same once a week for four 
 weeks in the paper in which Coimty advertisements are pub- 
 lished, and also by posting notice at three or more public 
 ])laces in the district, or districts to be affected thereby, at 
 which election should a majority of the qualified voters vote 
 fir c(!ns()lidation, the schools shall be consolidated; otherwise, 
 not. The result of such election shall be determined and 
 declared by the Board of Education and the same shall be 
 held as other elections are held. 
 
 Sec. '20. Be it further enacted, That whenever the 
 County Board of Education deems it for the best interest 
 of a school, it shall have the right to provide means for the 
 trans]:)ortati<>n of the pupils to and from said school; pro- 
 vided, That no school is established in three miles of the 
 pupils to be transported ; provided, farther, That this shall 
 only apply to school or schools where two or more districts 
 have been combined or consolidated and such other schools 
 that are now furnishing transportation. Xo school trustee, 
 teacher, or superintendent of county schools shall be in- 
 terested financially in the transportation of pupils. 
 
 Sec. 21. Be it further enacted, That it is not the inten- 
 tion of, this Act to repeal or interfere with the laws which 
 have been enacted establishing local tax district schools, 
 municipal schools, or other schools already established by 
 law, except that no person shall be allow^ed to teach in any 
 school in the State of Georgia receiving State aid without 
 first standing an examination and procuring a license as 
 provided by the State Board of Education and State Super- 
 intended ; provided. They are hereby authorized and directed 
 to prescribe and require a different examination of teachers 
 who are engaged in teaching primary grades only, from that 
 required of teachers of higher grades; provided, nevertheless, 
 That the State Board of Educaticm may, when the authorities 
 in charge of any local municipal schools are maintaining a 
 sufficiently high standard of examinations for its teachers, 
 delegate to the authorities of these systems the right to license 
 teachers to teach in their respective systems, upon examina- 
 tions to be provided by such local authorities, reserving, 
 hr)wever, to the State Board of Education the right to revoke 
 
1911 ScHOOT. Law. Ill 
 
 this delep:ation of authority as to any local system whenever 
 it appears that the authorities of that system have relaxed 
 the standard or failed to give examination. Nothing herein 
 contained shall be construed as affecting the right of the 
 authorities of local municipal systems to prescribe the courses 
 of study therein, or select text-books, in those schools where 
 they are now allowed to do so by law. 
 
 Sec. 22, Be it further enacted, That none of the pro- 
 visions of this bill shall apply to local county school systems 
 which Avere in existence at the time of the adoption of the 
 Constitution of 1877. Xor shall any of the provisions of 
 this act apply to the school system of any municipality having 
 a population of one hundred thousand people or more. 
 
 Sec. 23. Be it further enacted. That no member of the 
 State Board of Education or any ap]iointees of said Board 
 or any other person or persons that has the authority of 
 selecting or in any way aiding in the selection of school books 
 for the schools of Georgia shall not for themselves or any 
 member of their respective families receive any gifts, com- 
 pensation or remuneration of any kind from any school- 
 book publishing house, corporations, individuals, or the 
 agents or representatives of either, nor shall any person, pub- 
 lishing house or corporation engaged in publishing or the 
 sale of school books offer to any of said board or their families 
 or appointees any gift, compensation ov remuneration, directly 
 or indirectly. Any person violating the provisions of this sec- 
 shall be guilty and punishable for a misdemeanor. Should 
 any of the aforementioned publishinc: houses, corporations 
 or persons engaged in ]ml)lishing or selling school books offer 
 to any of the aferomentioned officers, their families or ap- 
 pointees anv such compensation, remuneratiou or reward of 
 any kind, it shall be their duty to report the same to the 
 grand juries of their respective counties, and on failure or 
 refusal to do so, they or either of them so failing or refusinii' 
 shall be guilty and punisliable for a misdemeanor, and sucli 
 officers (in conviction thereof shall be removed from office. 
 
 Sec. 24. All laws and parts of laws in (M>nflict with this 
 Act be, and the same are, hereby repealed. 
 
112 Compilation of Common School Laws. 
 
 AN ACT TO PROVIDE FOR SPECIAL EXAMINATION 
 
 OF APPLICANTS FOR THE OFFICE OF COUNTY 
 
 SCHOOL COMMISSIONER IN CERTAIN CASES 
 
 AND TO PROVIDE FOR THE EXPENSE 
 
 THEREBY INCURRED, AND FOR 
 
 OTHER PURPOSES. 
 
 Section 1. Be it further enacted by the General Assem- 
 bly of the State of Georgia and it is hereby enacted by 
 authority of same, That from and after the passage of this 
 Act whenever at a regular examination held for County 
 School Commissioners as now provided by law, no applicant 
 makes the required 85 per cent., then in such cases the State 
 School Commissioner shall order a second examination, or 
 as many more as may be necessary until some applicant who 
 is otherwise duly qualified to hold said office shall attain the 
 required 85 per cent. 
 
 Sec. 2. Be it further enacted by the authority aforesaid, 
 That in all cases where there has been for any cause no 
 legal election for County School Commissioner at the regular 
 biennial election, and in case of the election to this office of 
 a candidate not qualified, then it shall be the duty of the 
 Ordinary of such county to call a special election to fill this 
 office and he shall fix -the time for said special election not 
 later than sixty days prior to the expiration of the term of 
 office of the then County Commissioner, subsequent to the 
 examination provided by the State School Commissioner. 
 
 Sec. 3. Be it further enacted by the authority aforesaid, 
 That the expenses of all special elections herein provided for 
 shall be paid out of the County Treasury as in case of general 
 elections. 
 
 Sec. 4. Be it further enacted by the authority aforesaid. 
 That all laws and parts of laws in conflict with this Act be, 
 and the same are, hereby repealed. 
 
LIST OF STATE EDUCATIONAL INSTITUTIONS. 
 
 Name. 
 
 Location. 
 
 Principal. 
 
 University of Georgia Athens 
 
 Georgia School of Technology Atlanta 
 
 Georgia Normal and Industrial 
 College Milledgeville 
 
 State Normal School Athens 
 
 North Georgia Agricultural Col- 
 lege Dahlonega . . 
 
 Georgia School for the Deaf Cave Spring 
 
 Georgia Academy for the Blind .... Macon 
 
 Georgia State Industrial College. . Savannah. . . 
 
 D. C. Barrow, Chancellor. 
 .K. G. Matheson, President. 
 
 M. M. Parks, President. 
 
 ..E. C. Branson, President. 
 
 ..G. R. Glenn, President. 
 ..W. O. Conner, Principal. 
 G. F. Oliphant, Principal. 
 . .R. R. Wright, President. 
 
 District Agricultural Schools. 
 
 First District Statesboro E. C. .J. Dickens, 
 
 Second District Tifton S. L. Lewis, 
 
 Third District Americus J. M. Collum, 
 
 Fourth District Carrollton J. H. Melson, 
 
 Fifth District Monro© R. O. Powell, 
 
 Sixth District Barnesville . . Lawrence Duffy, 
 
 Seventh District Powder Spgs....H. R. Hunt. 
 
 Eighth District Madison J. H. Breedlove, 
 
 Ninth District Clarksville W. H. Maxwell, 
 
 Tenth District Granite Hill. . . .George White, 
 
 Eleventh District Douglas C. W. Davis. 
 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 Principal. 
 

 
 
 •rj (i, 
 
 re o 
 
 CD 
 cq CO <:o ^ 
 M O o -tf 
 
 O 
 
 oool^tllol>'t>•c<^0(^^c^o■*o<^ao^^- i>-t- 
 
 T-lTHrHTHrHi-iiHTHC>qT-lC>qcq'*MCOCOC<I i-lc<l 
 
 
 — <3^ 
 
 
 o 
 a; ^ 
 
 ^ ^« 
 
 OS-,':-' 
 
 £^.^. 
 
 t: -i-j -i_j 
 ctj oj oj 
 
 ^H t- ^H 
 
 rK OP a; 
 
 ^-^ -UJ -1_) 
 
 o 6 6 
 
 c § f^ 
 
 ctS c) rt 
 
 .H Z .^ 
 
 ^- (D t-i 
 
 •^0 2 
 
 °3 
 
 u 
 
 o 
 
 O' 
 
 
 o 
 
 H 
 
 a; «« 3 
 
 » J nq -^ 
 
 5-1 0) ti 
 
 cd O) oj 
 
 a 
 ^ CI, o 
 
 02 
 
 
 " O r-' 
 
 j» jM in 
 
 "(V "(V "(V 
 
 <V <V IV 
 
 o ^ '^ O *=> 
 
 O CO rK ,tj 
 
 ^ ^ ^ >' 
 
 ^ S bX) .!« .22 
 
 H S 5 ^53 ^ 
 
 « CO M g i« 
 
 ^ -<u -oj .S n 
 
 >^ t, tH <xi .ii; 
 
 1-1 
 
 O fcn 03 
 
 .^ o 
 
 d .^ o 
 o 
 
 xi 
 
 03 
 
 o o 
 
 
 ffl ^ 
 o B a 
 
 -t; "Go 
 5r: o . 
 
 0.2 
 
 .S 'C 02 
 
 
 ► - ft 
 
 Q ^: 
 
 ^ oT 
 
 o X 
 o o 
 
 a 
 
 en 
 
 - X3 O 
 
 ^ Si t^ 
 
 +-1 -t-J 'g; 
 
 ►?^ ►^ >^ ^ i-: 'u' (v .:^ 
 
 •^ J3 CQ ;^ 
 
 o oj dj 
 
 
 o3 C O bjo 
 
 0) s- ^ jT 
 Dh PQ 02 i> 
 
 
 o 
 
 II 
 
 9 o 
 
 5b -ill' 
 <3CU 
 
 02 .1-1 .2 
 
 O ;:^ -M 
 
 > ^ 't 
 
 Got ^ 
 
 ■" 
 
 O) 
 
 
 73 
 
 
 
 OJ 
 
 o 
 
 
 73 
 Si 
 
 CT3 
 
 TJ 
 
 o 
 
 O 
 
 
 
 rrt 
 
 
 
 
 a 
 
 ,Q 
 
 -»-' 
 
 Q< 
 
 'C 
 
 ^ 
 
 ^ 
 
 3 
 O 
 
 ^ 
 
 CO 
 
 crt 
 
 0) 
 
 m 
 
 ,C3 
 
 
 
 
 O 
 
 <v 
 
 
 
 S 
 
 03 
 
 o 
 
 •—I a 
 
r. 
 
 n 
 
 
 
 >- 
 c 
 
 S 
 
 
 Nature Study 
 Pets and 
 Animals 
 oo Life. 
 
 
 il 
 
 >. 
 
 3 
 
 « 
 2 
 
 3^ 
 
 z 
 
 3 Cfl 
 
 z 
 
 Pi 
 
 .- 3 
 
 c « 
 
 C u 
 3 ix 
 
 > 
 
 i 
 
 ^"8 
 
 
 1 
 
 If 
 
 h^3 
 
 |1" 
 
 Is 
 
 11" 
 
 
 i 
 
 
 
 w 
 
 IN 
 
 .111 
 
 ■s.e|1 
 
 U30U 
 
 i^llll 
 
 
 1 
 
 
 iijl 
 
 ^«0 O 
 
 0-3&0C. 
 
 
 
 ill 
 
 ^11 
 
 History and 
 Civics 
 
 jiri nil 
 
 U a: 
 
 >> 
 
 •il^ 
 
 II 
 
 iZ 
 
 II 
 
 "3*5 
 
 2*3 
 
 'its .S 
 
 ill 
 
 II 
 
 Si 
 
 c 9 
 
 o 
 
 6JC c C 
 
 o 
 
 1 § 
 
 ^i-l-i 
 
 III! 
 
 o y 
 
 c 
 Cd 
 
 11 
 
 ■3 
 >> 
 
 3= 
 
 § 
 
 OQ 
 
 a. 
 
 >> 
 
 X 
 
 U 
 
 e 
 
 z 
 
 i 
 
 
 fill 
 
 III 
 
 Pi 
 
 2s « 
 
 lllj 
 
 II < 
 
 OB 
 
 IIJ 
 
 rlJ| 
 
 1 
 
 § - 
 
 
 3 
 — O 
 = 1 
 Ji SI 
 
 ac-c 
 
 
 3 
 
 >:§ 
 II 
 
 u 
 
 3 
 
 » 
 
 _^ 3 
 
 S 
 
 J 
 
 3 8 s ill 
 
 ■o*|l<S.| 
 
 4, ct ^ a 
 
 
 
 « a a^ 
 Cd 
 
 0.2? 
 
 ill 
 
 1 
 
 1 
 
 1^ 
 
 OS % 
 
 o ^ 
 
 
 ai 
 Q 
 
 X < 
 D 
 
 
 Q 
 
 C/3 
 
 > 
 
 C/5 
 
 b 
 
 4; 
 
 c 
 
 H 
 
 f> 
 
 .2 
 
 H 
 
 c 
 
 
 a 
 
 
 
 
 
 
 
 
 
 
 
 O 
 
 s 
 
 CO 
 
 >" 
 
 — 
 
 § 
 
 ; 
 
 C/3 
 
 4) 
 
 93 
 
 a> 
 
 
 > 
 
 •5 
 
 c 
 "2 
 
 s 
 
 SB 
 
 
 ^ ^ 
 
 
 
 
 "T S3 
 
 
 
 « 
 
 «£ 
 
 
 
 o 
 
 3 C 
 
 
 
 «c es 
 
 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 TS 
 
 ^K 
 
 
 
 
 
 
 
 3 
 
 ^2 
 
 
 
 3" 
 
 c — 
 
 
 
 2i 
 
 ,2 a 
 
 
 
 i 
 
 t^ 
 
 
 
 a >, 
 
 
 
 
 
 
 
 ^ 
 
 8> 
 
 
 
 H .-; 
 
 o « 
 
 
 
 
 
 
 
 x: 
 
 «.i: 
 
 oa 
 
 
 
 
 
 3-3 O C Qj 4> 
 
 •5 w ■" <n "z: >» 
 x: 0) ^ w 03 
 
 o « a i- '•" - 
 o a; t- 0) Ji c 
 x: 2: a^ X '" o 
 j,-=Ji aj U-- 
 X o"" c 0) 5 
 a> oj o 4^.c_c 
 
 a> >. >.-C c § 
 
 ■fj C « ^ '>■- X 
 
 ||i|si 
 
 '6 5w_^^-= 
 
 O ^ "1 W3 
 
 eo w^- 
 
 «"5 -,, . 3 08 
 
 •2x^.tf ^S: 
 
 ^-SC C 3 C 
 "O"— O O 3" « 
 
 = £«- £i 1* 
 --111 2 
 
 « 3J= fc-^ O 
 
 o oj X a>-c , 
 
Index. 
 
 Advisory Powers of State Board 8 
 
 Appeal to State Board 8 
 
 Additional Duties State Board 6 
 
 Annual Report of State School Commissioner 10 
 
 Appeals 19 
 
 Administering Oaths 19 
 
 Additional Duties C. S. C 24 
 
 APlK)rtionment of School Fund 25 
 
 Additional Funds for Schools 31 
 
 Admission to Long Term Schools 33 
 
 Arbor Day 44 
 
 Agriculture Taught . » 45 
 
 Adoption of Text-Books 53 
 
 Arbitration of Local Tax 68 
 
 Ages at Which Children May be Employed in Factories 71 
 
 Affidavit to Ordinary Necessary Before Employing Children.. 72 
 
 Agriculture Must be Taught in all Schools 82 
 
 Agricultural Schools 113 
 
 B 
 
 Building School Houses 18, 91 
 
 Bond of C. S. C 20 
 
 Binding Out Children AG 
 
 Bids on School Books 52 
 
 Bonds for Book Adoption 53 
 
 Bids Rejected on Books 57 
 
 Bible in Public Schools 74 
 
 Bequest for Board and Education Includes Clothes 90 
 
 Book Lists • • 115 
 
 Constitution ."> 
 
 Composition of State Board 7 
 
 County Board Education 13 
 
 Composition Of 15 
 
 Compensation Of 13 
 
 Election Of • • 13 
 
 Certification Of 14 
 
 Removal Of 14 
 
 Vacancies On 14 
 
 Officers Of 14 
 
 Meetings Of 14 
 
County Board Education— Continued. 
 
 Duties Of 15 
 
 Appeals From 19 
 
 County School Commissioner 20 
 
 Minimum Salary of 22 
 
 County Superintendent Substituted for 20 
 
 Shall Use a Seal 22 
 
 Office at Court House 22 
 
 Election of Old Law 20 
 
 Election of New Law 23 
 
 Bond 20 
 
 Oath 20 
 
 Examination 20, 23-24 
 
 May be Postmaster 20 
 
 Removal Of 21 
 
 Successor To 21 
 
 Duties Of 21 
 
 Compensation Of '. 21 
 
 Administers Oaths 23 
 
 Reports Of • • 23 
 
 Elected by People 23 
 
 County Institutes 34-35 
 
 Supervisor Substituted for Experts 35 
 
 Subjects Taught At 34 
 
 Held by C. S. C 34 
 
 Attendance Upon 34 
 
 Fines Imposed 34 
 
 Expert Conductor 35 
 
 Compensation For 35 
 
 Census 40-41 
 
 Time of Taking •. 40 
 
 Enumerators Of 40 
 
 Compensation For Taking 40 
 
 New Enumeration Of 41 
 
 County Line Schools 42 
 
 Civil Government Taught 45 
 
 Contracts Book Adoption 53 
 
 County to be Districted 62 
 
 County Local Tax Election 65 
 
 Compensation for Collecting Local Tax 66 
 
 Calling Local Tax Election 66 
 
 Comptroller General to be Notified of Local Tax Levy 67 
 
 Corporation and Local Tax 68 
 
 Chile Labor Law 71-73 
 
 No Child Under Ten to Work in Factory 71 
 
 Children Under Twelve to Get Certificate From Ordinary. . 71 
 
 No Child Under 14 to Work at Night 71 
 
 Children Under 14 Must Attend School 12 Weeks 72 
 
Indkx. 
 
 Child Labor Law — Continued. 
 
 AflBdavit Necessary Before Employing Children 72 
 
 Affidavits to be Inspected 72 
 
 Certificates of Election of M. B. E 74 
 
 Crossing District Lines 75 
 
 Commissions to M. B. E. When Grand Jury Fails to Give Terms. . 78 
 
 Contracts With Teachers of Local School Systems Not Valid. . 78 
 
 Common School Subjects Required 79 
 
 Changing District Lines Makes New District 79 
 
 County Commissioner Compelled to Avoid Claim 90 
 
 Course of Study 115 
 
 Donations to Education 8 
 
 Duties State School Commissioner 10 
 
 Duties of C. S. C 21-23 
 
 Distribution of School Fund 30 
 
 Diseases 47 
 
 Days to be Observed 48 
 
 Depositories For Text-Books 58 
 
 Decisions State School Commissioners 74-77 
 
 Right of County Board to Appropriate School Funds 77 
 
 Resignations Should go to Governor 74 
 
 Certificates of Election 74 
 
 Bible in Public Schools 74 
 
 Disturbing Schools 75 
 
 Pupils Crossing District Lines 75 
 
 Revoking Teachers License 75 
 
 Power to Contract With Board 75 
 
 Teachers Contracts Entire 75 
 
 Five Months Schools 76 
 
 Decisions State Board 78-79 
 
 Commissions to M. B. E 78 
 
 Contract With Teachers of Local School System Not Valid 78 
 
 Surplus, How Used 78 
 
 Common School Subjects Required 79 
 
 Changing District Lines Makes New District 79 
 
 Diploma of State Normal School Valid in Some Cases 80 
 
 Discounting Teachers Claims 82 
 
 Decisions of Supreme Court 90-93 
 
 Bequests For Board and Education, Includes Clothes.... 90 
 
 Dismissal For Cruel Treatment 90 
 
 County School Commissioners May be Compelled by 
 
 Mandamus to Audit Claim 90 
 
 Power to Build School Houses 91 
 
 Right of Defense to Public Officers 91 
 
 When Two Claim Same Office 91 
 
Index. 
 
 Decisions of Supreme Court — Continued. 
 
 Discretion in Continuing Schools 91 
 
 Refusal to Comply With Regulations 92 
 
 District Agricultural Schools 113 
 
 E 
 
 Election State School Commissioner 10 
 
 Each County a School District 13 
 
 Election Members County Board Education ' 13 
 
 Employment of Teachers 15 
 
 Examination of C. S. C 20-24 
 
 Election of C. S. C 20-24 
 
 Estimate of School Fund 28 
 
 Examination of Teachers 36-39 
 
 Grading Of 36 
 
 Licenses Issued Upon 36 
 
 College Students No.t Admitted Without 37 
 
 Permanent Licenses Upon 38 
 
 Subjects of 36 
 
 Special Examinations 36 
 
 Enumerators of Census 40 
 
 Evening Schools 43 
 
 Exemption of School Property 43 
 
 Exclusive Use of State Adopted Books 59 
 
 Expenses of 'School-Book Adoption 60 
 
 Election of Local Tax Trustees 64 
 
 Employment of Children 71 
 
 Elections in Local Tax Districts May Not be Held Oftener 
 
 Than Every 12 Months 86 
 
 F 
 
 Financial 25-31 
 
 Forfeiture of School Fund 29 
 
 Failure to Operate Schools 30 
 
 Fines For Not Attending Institute 35 
 
 Forgery of License 38 
 
 Five Months Consecutive 76 
 
 Fraudulent Contracts May be Repudiated 80 
 
 G 
 
 Georgia Day 45 
 
 General School Law To Be Observed in Local Tax Districts .... 69 
 
 I 
 
 Itemized Statements of Accounts Against School Fund 25 
 
 Institutes 34-35 
 
 Institute Conductors 34 
 
Index. 
 
 Incidental Fees 42 
 
 Infections Diseases 47 
 
 Judicial Tribunal 19 
 
 Long Term Schools 32-33 
 
 Supplemental • Contracts For 32 
 
 Admission To 32 
 
 Licenses To Teach 36-39 
 
 Issued Upon Examination Only 36 
 
 Permanent License 38 
 
 Diplomas Not Honored 37 
 
 Grade of License 37 
 
 Revoking License 38 
 
 Forgery Of 38 
 
 Local School Systems 44 
 
 Local Tax Law 62-70 
 
 Redistricting Counties 62 
 
 Election of Trustees 64 
 
 County Election Of Tax 65 
 
 Limit To Tax Rate 65 
 
 Levy and Collection Of Tax 66 
 
 Tax Returns in Districts 66 
 
 Reports, Secretary and Treasurer of Board Trustees 69 
 
 Voting Out Tax 66 
 
 Ix)cal Tax Districts Controlled by Trustees Subjected to 
 
 County Board 67 
 
 Local Tax Digest to be Furnished Tax Collector 68 
 
 Local Tax Arbitration • 68 
 
 Local Tax on Corporations 69 
 
 Limit of Time in Using School Fund 80 
 
 List of Educational Institutions 11 :^ 
 
 M 
 
 Meetings of State Board 7 
 
 Manual Labor Schools • • 4;; 
 
 Map of School Districts 63 
 
 Married Women May Teach 81 
 
 Managers of Local Tax Elections 85 
 
 N 
 
 New Enumeration of Census 41 
 
 Notice of Books Adopted 59 
 
IXDEX. 
 O 
 
 Officers County Board Education 14 
 
 Oath of C. S. C 21 
 
 Oath Administered by C. S. C 23 
 
 Office of C. S. C 21 
 
 Operation of Schools 26 
 
 Oath of Census Taker 41 
 
 Ordinary and Comptroller General to be Notified of Local Tax. . 67 
 
 Opinions Attorneys General 80-89 
 
 Fraudulent Contracts * 80 
 
 Diploma of State Normal School Valid in Some Cases.... 80 
 
 Limit of Time in Using School Fund 80 
 
 Married Women May Teach 81 
 
 School Population Basis For Appropriation of School Fund 81 
 
 Agriculture to be Taught in all Schools 82 
 
 Relief of Surety on C. S. C's. Bond 82 
 
 School Officials May Not Discount Claims of Teachers 82 
 
 Railroad Taxes in School Districts 83 
 
 Managers of Local Tax Elections to be Paid Out of Local 
 
 School Fund 85 
 
 Persons Over 18 May Attend School Upon Papment of 
 
 Tuition 85 
 
 Elections in Local Tax Districts Not Oftener Than 12 
 
 Months 86 
 
 District Lines May be Changed But Destroys the Tax 87 
 
 Persons May Hold Only One County Office, But Two Public 
 
 Offices at One Time 88 
 
 Election Expenses 89 
 
 P 
 
 Public Term 18 
 
 Prompt Disbursement of School Fund 25 
 
 Payment to Local Systems 27 
 
 Permanent License 38 
 
 Physiology and Hygiene Taught 4^ 
 
 Prices of Text-Books 55 
 
 Proclamation by Governor in Book Adoption 57 
 
 Powers of School Book Commission 59 
 
 Penalty for Using Other Than State Adopted Books 60 
 
 Penalty For Violating Child Labor Law 73 
 
 Power to Contract With Teachers Belongs to County Board .... 75 
 
 Persons Over 18 May Attend School on Paying Tuition 85 
 
 Persons May Hold Only One County Office But May Hold Two 
 
 Public Offices 88 
 
 Power to Build School Houses 91 
 
Index. 
 
 Quorum State Board 7 
 
 Qualifications of M. B. E 13 
 
 Quarantine 47 
 
 R 
 
 Removal From Office of M. B. E 14 
 
 Races Taught Separately 18 
 
 Removal of C. S. C 21 
 
 Report to Grand Jury 23 
 
 Revoking License 38 
 
 Redistricting The County 62 
 
 Removal of Local Tax Trustees 64 
 
 Reports of Local Tax Trustees 69 
 
 Resignations go to Governor 74 
 
 Reports of Elections of M. 3. E 75 
 
 Revoking Teachers Licenses 75 
 
 Relief of Surety on C. S. S's. Bond 82 
 
 Railroad Taxes in School Districts 83 
 
 Right of Defense 91 
 
 Refusal to Comply With School Regulations 92 
 
 School Legislation, 1910 93-101 
 
 To Enable County Boards of Education to Borrow Money.. 93-94 
 
 To Allow Municipalities to Hold Local Tax Election 95 
 
 To Enable County Boards to Fill LTnexpired Terms of 
 
 Commissioners 98 
 
 Person's High School Tax Amendment 97, 98 
 
 To Allow Districts Across County Lines 99-101 
 
 School Legislation, 1911 101-112 
 
 Revising the School Laws of Georgia 102-111 
 
 To Provide for Special Examination of Applicants 112 
 
 Seal State Board S 
 
 State Board Education 7-9 
 
 State School Commissioner 10-12 
 
 Election Of 10 
 
 Duties Of 10 
 
 Salary and Expenses of Office 11 
 
 Oath Of 12 
 
 Annual Report Of 11 
 
 • Member Geological Board 12 
 
 Secretary and Executive Agent State Board of Education. . 12 
 
 Sessions County Board Education 14 
 
 School Sub Districts 15 
 
 School Property 18 
 
LB^iS-^^' 
 
 !i''A '^■'"- 
 
 
 242845 
 
 \yy-^' 
 
 '^^: 
 
 ,:^ 
 
 
 ^W 
 
 
 y.\. ■.