L&3 /S94- UC-NRLF I 'ATI JBLIC SCHOOL LAWS LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIKT OF" & Received , igo Accession No. 82741 . Class No. STATE OF LOUISIANA. Department of Kdu.ca.tion. PUBLIC SCHOOL LAWS^ CODIFIED BY ORDER OF THE STATE BOARD OF EDUCATION. EDITED AND PUBLISHED BY THE STATE SUPERINTENDENT OF PUBLIC EDUCATION, BATON ROUGE: THE ADVOCATE, OFFICIAL JOURNAL OF THE STATK OF LOUISIANA. 1894. 3STOTE. This book is public property, and is prepared for the use of school officers and teachers. IKTT.-ROIDIJCTOK.lir, A resolution by the State Board of Education, directing the preparation of this edition of the SCHOOL LAW, makes the work authoritative as a guide for school officers. For this reason it is deemed unnecessary to encumber the book with specific refer- ences to the sources from which it was compiled, such references appearing only in the preceding summary or syllabus of each general division of contents. The compiler sought to arrange the matter for the convenience of school officers, without regard to the order in which it is printed in legislative documents. It is believed that this compilation contains all the consti- tutional and statutory provisions governing the school system of the State. It embraces general provisions relating to the public schools and the requirements for officers, many enactments pro- viding a revenue, the lands appropriated for the use of public schools, and State educational institutions. Only the provisions lor current revenue, acts of a local character, and repealing clauses have been omitted. In the appendices may be found extracts from the decisions of the Supreme Court of Louisiana and regulations adopted by the State Board of Education, . The compiler has added a few annotations where experience has taught him to anticipate difficulties in construction. A. D. LAFARGUE, State Superintendent of Public Education* 82741 CONSTITUTIONAL PROVISIONS. (ADOPTED IN 1879.) ART. 51. [Prohibiting State Aid to Sectarian Institutions.] No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination ot religion, or in aid of any priest, preacher, minister or teacher thereof, as such ; and no preference shall ever be given to, nor any distinction made against any church, sect or creed of relig- ion, or any form of religious faith or worship; nor shall any appropriations be made for charitable or benevolent purposes to any person or community ; provided, this shall not apply to the State Asylums for the insane, and deaf, dumb and blind, and the charity hospitals and public charitable institutions conducted under State authority. ART. 207. [Exemption of Educational Institutions from Tax- ation.] The following property shall be exempt from taxation, and no- other, viz : All public property, places of religious worship or burial, all charitable institutions, all buildings and property used exclusively for colleges, or other school purposes, the real and personal estate of any public library and that of any other literary association, used by or connected with such library; all books and philosophical apparatus, and all paintings and statuary of any company or association kept in a public hall; provided, the property so exempted^ be not used or leased for purpose of private or corporate profit or income. There shall also be exempt from taxation household property to the value of five hundred dollars; there shall also be exempt from taxation and license for a period of twenty years from the adoption of the Constitution of 1879, the capital, machinery and other prop- erty employed in the manufacture of textile fabrics, leather, shoes, harness, saddlery, hats, flour, machinery, agricultural CONSTITUTIONAL PROVISIONS. 5 implements, manufacture of ice, fertilizers and chemicals, and furniture and other articles of wood, marble, or stone, soap, stationery, ink and paper, boat building and chocolate; provided, that not less than five hands are employed in any one factory. ART. 208. [Poll Tax.] The General Assembly shall levy an annual poll-tax for the maintainauce of public schools, upon every male inhabitant in the State, over the age of twenty-one years, which shall never be less than one dollar, nor exceed one dollar and a half per capita, and the General Assembly shall pass la^s to enforce payment of said tax. * * * * ART. 224. [State School Tax.] There shall be free public schools established by the General Assembly throughout the State, for the education of all the children of the State between the ages of six and eighteen years ; and the General Assembly shall pro- vide for their establishment, maiutainance and support, by tax- ation or otherwise, and all moneys so raised, except the poll tax, shall be distributed to each parish in proportion to the number of children between the ages of six and eighteen years. ART. 225. [State and Parish Superintendents.] There shall be elected by the qualified voters of the State, a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. His duties shall be prescribed by law, and he shall receive an annual salary of two thousand dollars. The aggregate annual expenses of his office, including his salary, shall not exceed the sum of three thousand dollars. The General Assembly shall provide for the appointment of parish boards of public education for the different parishes. The parish boards may appoint a parish superintendent of public schools in their respective parishes, who shall be ex-officio secretary of the parish board, and whose salary for his double functions shall not exceed two hundred dollars annually, except that in the parish of Orleans the salary of the parish superin- tendent shall be fixed by the General Assembly, to be paid out of the public school funds according to each parish respectively. 6 CONSTITUTIONAL PROVISIONS. ART. 226. [Instruction in^the French Language.] The gen- eral exercises in the public schools shall be conducted in the English language, and the elementary branches taught therein-; provided, that these elementary branches may be also taught in the French language in those parishes in the State, or localities in said parish, where the French language predominates, if no additional expense is incurred thereby. ART. 227. [Poll Tax Applicable Exclusively to the Parish from which it is Collected.] The funds derived from the collection of the poll-tax shall be applied exclusively to the maintenance of the public schools as organized under this constitution, and shall be applied exclusively to the support of the public schools in the parish in which the same shall be collected, and shall be ac- counted for and paid by the collecting officers directly to the competent school authorities of each parish. SEC. 228. [Sectarian Schools Cannot Receive Public School Funds.] No funds raised for the support of the public schools shall be appropriated for or used for the support of any secta- rian schools. ART. 229. [School Funds Of What They Shall Consist.] The school funds of this State shall consist of: 1. The proceeds of taxation for school purposes, as pro- vided in the constitution. 2. ThB interest on the proceeds of all public lands hereto- fore granted by the United States for the use and support of the public schools. 3. Of all lands and other property which may hereafter be bequeathed, granted or donated to the State, or generally for school purposes. 4. All funds or property, other than unimproved lands, bequeathed or granted to the State, not designated for other purposes. 5. The proceeds of vacant estates falling under the law to the State of Louisiana. CONSTITUTIONAL PROVISIONS. 7 The legislature may appropriate to the same fund the pro- ceeds, in whole or in part, of public lands not designated for any other purposes, and shall provide that every parish may levy a tax for the public schools therein, which shall not exceed the State tax ; provided, that with such tax the whole amount of parish taxes shall not exceed the limits of parish taxation fixed by this constitution. ART. 230. [State University.] The University of Louisiana, as at present established and located at .New Orleans, is hereby recognized in its three departments to- wit: the law, the medical and the agricultural departments to be governed and controlled by appropriate faculties. The General Assembly shall, from time to time, make such provision for the proper government, maintenance and support of said State University of Louisiana, and all the departments thereof, as the public necessity and well- being of the people of the State of Louisiana may require, not to exceed ten thousand dollars annually. The Louisiana State University and Agricultural and Me- chanical College, now established and located in the city of Baton Rouge, is hereby recognized, and all revenues derived and to be derived from the sales of land or land scrip, donated *by the United States to the State of Louisiana for the use of seminary of learning, and mechanical and agricultural college, shall be appropriated exclusively to the maintenance and support of said University and Mechanical and Agricultural College, and the General Assembly shall from time to time make such additional appropriations for the maintenance and support of said Louisiana State University and Agricultural and Mechanical College as the public necessities and the well-being of the people of the State of Louisiana may require, not to exceed ten thousand dollars annually. ART. 231. [Colored University.] The General Assembly shall also establish in the city of New Orleans a University for the education of persons of color, provide for its proper govern- ment, and shall make an annual appropriation of not less than 8- CONSTITUTIONAL PROVISIONS. five thousand dollars, nor more than ten thousand dollars for its maintenance and support. ART. 232. [Women Eligible to School Offices.] Women over twenty-one years of age shall be eligible to any office of control or management under the school laws of this State. ART. 233. [Free School Fund, Seminary Fund, and Agricultural and Mechanical College Fund.] The debt due by the State to the free school fund is hereby declared to be the sum of one million, one hundred and thirty thousand, eight hundred and sixty-seven 51-100 dollars in principal, and shall be placed on the books of the Auditcr to the credit of the several townships entitled to the same 5 the said principal being the proceeds of the sales of laud heretofore granted by the United States for the use and support of iree public schools, which amount shall be held by the State as a loan, and shall be held and remain a perpetual fund, on which the State shall pay an annual interest of four per cent, from the first day of January, 1880, and that said interest shall be paid on the several town- ships in the State, entitled to the same in accordance with the act of Congress, ]S'o. 08, approved February 5, 1843; and the bonds of the State heretofore issued belonging to said fund, and sold under the act of the General Assembly, No. 81, of 1872, are hereby declared null and void, and the General Assembly shall make no provision for their payment, and may cause them to be destroyed. The debt due by the State to the Seminary fund is hereby declared to be one hundred and thirty -six thousand dollars, being the proceeds of the sales of the laud heretofore granted by the United States to the State, for the use of a Seminary of Learning, and said amount shall be placed to the credit of said fund on the books of the Auditor of the State, as a perpetual loan, and the State shall pay an annual interest of four per cent on said amount from January 1st, 1880, for the use of said Semi- nary of Learning; and the consolidated bonds of the State now held for the use of said fund shall be null and void after the first GENERAL PROVISIONS. day of January, 1880, and the General Assembly shall never make any provision for their payment, and they shall be destroyed in such manner as the General Assembly may direct. The debt due by the State to the Agricultural and Mechan- ical College fund, is hereby declared to be the sum of one hundred and eighty-two thousand, three hundred and thirteen 3-100 dol- lars, being the proceeds of the sales of lands and land scrip heretofore granted by the United States to this State, for the use of a College for the benefit of agriculture and mechanic arts ; said amounts shall be placed .to the credit of said fund on the books of the Auditor and Treasurer^of the State, as a perpetual loan, and the State shall pay an annual interest of five per cent on said amount from .January 1st, 1880, for the use of said Agri- cultural an I Mechanical College. The consolidated bonds of the State now held by the State for the use of said fund, shall be null and void after the first* day of January, 1880, and the Gen- eral Assembly shall not make any provision for their payment, and they shall be destroyed in such manner as the General Assembly may direct. The interest provided for by this article shall be paid out of any tax that may be levied and collected for the general pur- poses of public education. I. GENERAL PROVISIONS. 1. IS. I, A, 81, 1888.] State Board of Education ; of whom com- posed and how appointed; a body corporate ; compensation. 2. IS. 2, A. 81, 1888.] Regular and called meetings. 3. [S. 4, A. 81, 1888.] May require additional reports to be made by the parish superintendent. 4. [S. 3, A. 81, 1888.] Appoints par- ish school directors; prepares rules for the government of the schools ; adopts text-books. 5. IS. 1, A. 57, 1892.] Women are eligible to school offices. 6. [_S. 1, A, 29 ; 1892.] Parish offi- cers ; term of office ; how vacan- cies shall be rilled ; oath of office. 7. [Same.] Removal for neglect of duty. 8. IS. 6, A. 81, 1888.] Parish boards bodies corporate. 9. IS. 2, A. 70, 1882.] Evidences of debt are non-negotiable. 10. [S. 4, A 82, 1873.] State and parish boards cannot be com- pelled to give bond and secu- rity in suits. 10 GENERAL PROVISIONS. I. GENERAL PROVISIONS Continued. 11. IS. 7, A. 122, 1874.] Attorneys may be appointed to protect school interests. 12. IS. 9, A. 81, 1888.] Attorney of the parish boards. 13. IS. 7, A. 81, 1888.] Parish school boards; officers and auxiliary visiting trustees; must report all deficiences in the schools or neglect of duty to the State Board of Education ; apportion the school fund, determine number and location of schools to be established, number of teachers to be employed and salaries; make rules for their own government; date of meet- ings ; compensation ; must ex- ercise vigilance in securing all funds due; may receive land grants and provide for the erection of school houses ; fur- niture, apparatus, contracts ; change of school location. 14. IS. 73, A. 81, 1888 ] Restrictions on contracts and debts 15. [_S. 15, A. 81, 1888.] President of the parish board: presides atj . meetings of the board; calls special meetings; assists the parish superintendent, and signs contracts. Secretary: keeps a record of the board's proceedings. 16. \_S. 1, A. 36, 1894.] Reports to be made by certain officers to the State Auditor. 17. [S. 2, A. 36, 1894.] Reports to clerk of court. 18. [S. 3, A. 36, 1894.] Salary not to be paid until the two foregoing sections aie complied with. 19. IS. 1298, R. S. 1869.] Power of the school boards with refer- ence to expropriations. 20. \_S. 1299, R. S. 1869.] Institution of suit upon dissatisfaction at assessments. 21. IS. 1300, R. S. 1869 ] Failure of officers to perform duty im- posed. 22. {_S 1305, R. S. 1869.] The sale which can be made by the Reg- * ister of the Land Office. 23. S. 1306, R. S. 1869.] How located. 24. [S. 1307, R. S. 1869.] Reserva- tions of school lands. 25. [S. 1308, R. A'. 1869.] Scrips should issue only when loca- tions cannot be made. 26. IS. 2, A. 89, 1894. Exemptions from jury duty. 27. S 11, A. 81, 1888.] -Division of parishes into school districts. 28 [S. 12, A. 81, 1888.] School dis- districts in two adjoining par- ishes ; how laid oft'. 29. IS. 13, A. 81, 1888.] Option when school districts adjoin as to which school certain children will attend. SECTION 1. [State Board of Education.] The Governor and the Superintendent of Public Education, and the Attorney Gen- eral, together with six citizens to be appointed by the Governor, one from each Congressional District of the State, shall be a body politic and corporate by the name and style of the Board of Education for the State of Louisiana, with authority to sue and GENERAL PROVISIONS. 11 defend suits in all matters relating to the interest of the public schools. The above specified six citizens shall receive, as com- pensation for their services in attending the meetings of the board, their actual traveling expenses and per diem for the num- ber of days that the board is in session, the same as members of the State Legislature, payable on their warrants, approved by the president and secretary of the board, out of the school fund. SEC. 2. [Time of Meeting.] The Governor shall be ex-officio the president, and the State Superintendent the secretary. The board shall meet on or before the first Monday of December of each year, and at other times upon the call ot the State Super- intendent. . The acts of the board shall be attested by the sig- nature of the president. SEC. 3. [May Require Reports of ^Parish Superintendents.] The State Board of Education may require reports to be made by the parish superintendent whenever the interest of the com- mon schools indicate the necessity of other reports than now required. SEC. 4. [Duties and Powers ; Appoint School Directors ; Text Books.] The State Board of Education shall appoint for each parish in the State, except the parish of Orleans, a board of school directors consisting of not less than five, nor more than nitie, qualified citizens of the parish. The Governor shall issue a commission to each of said directors. The State Board of Education shall prepare rules, by-laws and regulations for the government of the common schools of the State, which shall be enforced by the parish superintendents and the several school boards, and shall give such directions as it may see proper as to the branches of study which shall be taught. TheJState Board iShall strictly enforce a uniformity of text books in all the public schools, and shall adopt a list thereot, which shall remain unchanged for lour years after such adoption. For satisfactory reasons shown to said board, it may change said list or adopt a list generally preferred by teachers or parents in certain locali- ties, maintaining as far as possible a uniformity of text books, 12 GENERAL PROVISIONS. and without placing parents and guardians to further expense. The adoption of such a list and apparatus shall be by contract to the lowest bidder, subject to the change aforesaid, and to the best advantage as to cost to pupils. SEC. 5. [Women Eligible to Office.] Article 233 of the Con- stitution of 1879 of the State of Louisiana is hereby declared to be operative, and women over twenty-one years of age are hereby declared eligible to any office of control or management under the School Laws ot this State. SEC. G | Term of Office; Parish Officers.] The term of office of the members of the school boards and of the parish superin- tendents shall be tour years from the time of their appointment. All vacancies occurring on the parish school boards during the interval between the meetings of the State Board of Education shall be filled by appointment by the Governor subject to the ratification of said Stat * board at its next meeting; provided these officers of the parish boards shall take the usual oath of office, which oath shall be tiled in the office of the State Superin- tendent of Public Education. SEC. 7. [Removal for Neglect of Duty or Malfeasance in Office.] For neglect of duty or malfeasance in office the Governor may remove a member or members of this parish boards of school directors subject to the ratification of the State Board of Edu- cation j and for sufficient cause the parish board ot school directors may remove, the parish superiirendeut of public edu- cation, subject to an appeal to the State Board of Education ; provided, this appeal be taken within ten days after his dismissal. The appeal shall not have the effect of suspending the board's action of dismissal during i^s pendency but the parish superin- tendent shall be reinstated if the State board decides that he was dismissed without cause and reverses the decision of the paiish school board. SEC. 8. [School Boards Bodies Corporate.] The several school boards are constituted bodies corporate with power to sue and be sued, under the name and style of the "Parish Board of GENERAL PROVISIONS. 13 Directors of the Parish of ," as the case may be. Citations shall be served on the president of the board. SEC. 9. [Evidences of Debt Not Negotiable.] Said board shall have no power to issue negotiable evidences of debt. SEC. 10. [State and Parish Boards Exempt from Furnishing Bonds in Suit In all judicial proceedings where, by law, bond and security are required from litigants, the State Board of Education shall be dispensed from furnishing bond or security ; and in all suits in which the State or parish board of education may be plaintiffs, defendants, iutervenors, garnishees, or inter- ested in any manner whatsoever, it shall be the duty of the court- before whom such suits are pending, on the affidavit of the attorney representing the State or parish board of education, if the case is one of serious public interest and in which a speedy decision is desirable, to set the cause for trial by preference, and all such cases may also be fixed for trial as early as possible on motion or petition of the attorney of the State or parish board of education. SEC. 11. [State Superintendent to Appoint Attorneys in Certain Cases.] The Superintendent of Public Education may appoint a person of legal attainments in each school division (parish) of the State, to examine notes due and other assets arising out of purchase of lands granted to educational purposes; to recover lands improperly held and revenues diverted, and generally pro- tect the school interests in matters appertaining thereto. He (the attorney) shall be paid a commission on moneys recovered, not exceeding ten per cent, and on the value of lands and other property recovered, not exceeding five per cent. SEC. 12. [Attorney of Parish Board.] The district attorney of the district, or any other attorny selected by the board, shall act as counsel for the parish board. SEC. 13 [Duty and Authority of Parish Boards.] The parish board of directors shall select from their number a president. They shall elect or appoint a parish superintendent, who shall be ex-officio secretary of the board. They are authorized, in 14 GKENERAL PROVISIONS. their discretion, to appoint auxiliary visiting trustees for each ward or school district, or school in the parish; such trustees to make quarterly reports to the parish boards of the actual condi- tion of, and shall make needful suggestions in all matters relating to the schools they have in charge as trustees. The parish board of directors shall report to the State Board of Education all deficiencies in the schools, or neglect of duty on the part of teachers, superintendent or other officer. They shall visit and examine the schools in the several school districts of the parish, from time to time, and they shall meet and advise with the trustees when occasion requires (if auxiliary trustees be appointed by tie board of the parish). They shall apportion the school fund to the. several districts in the parish in proportion to the number of persons in the district between the ages of six and eighteen years, and shall determine the number of schools to be opened, the location of the school houses, the number of teachers to be employed, their salary; and the said school board is entrusted with seeing that the provisions of the law are com- plied with. They shall make such rules and by-laws for their own government (not inconsistent with the law) as they may deem proper. The regular meeting of each parish board shall be held on the first Saturday of January, April, July and Octo- ber, and it may hold such special and adjourned meetings as the board may determine, or as occasion may require. Each member shall receive payment for his attendance at school board meetings, when the board shall hold regular sessions on the days before mentioned ; provided, that the amount be not fixed by the said board at more than two dollars per diem, and provided that the whole amount expended annually shall not exceed one hundred dollar^. The school boards shall exercise proper vigilance in securing for the schools of the parish all funds destined for the support ol the schools, including the State fund apportioned thereto, the poll tax collectible, and all other funds. They shall keep a record of all their transactions and proceedings. The school boards may receive land by purchase or donation, for the purpose of erecting a school house, provide for and secure the GENERAL PROVISIONS. 15 erection of same, construct such outbuildings and enclosures as shall be conducive to the protection of the property, make repairs and provide the necessary furniture and apparatus. All contracts for improvements shall be to the lowest responsible bidder, the board reserving the right to reject any and all bids. They shall have power to recover for any damages that may be done the property in their charge; they may, by a two-third vote of the whole board, after due notice, change the location of the school- house, sell or dispose of the old site and use the pro- ceeds thereof towards procuring a new one. SEC. 14. [Restrictions on Contracts and Debts.] The dif- ferent boards of directors shall not be empowered to make contracts or debts for any one year greater than the amount of revenue prov ded for according to this act, it being the intent hereof that parties contracting with said board shall take heed that durt revenue shall have been provided to satisfy the clai/n r otherwise they may lose and forfeit the sa,ine, and no action or execution shall be allowed in aid thereof, and that the board shall not exceed their powers in incurring the debt. SEC. 15. [Duties of President and Secretary of the Board.] The president shall preside at the meetings of the board, caH special meetings when necessary, advise with and assist the parish superintendent in promoting the success of the schools, and generally do and perform all other acts and duties pertain- ing to his office of president of the board. All deeds and con- tracts for the schools, including those with teachers, are to be signed by him ; the latter also by the parish superintendent. The secretary shall keep fall minutes of all proceedings of the board in a book provided for the purpose, and shall do and perform all other acts and duties legally pertaining to the office of secretary of the board. SEC. 1C. [Reports of State and Parish Boards and Officers.] In addition to the biennial reports now required by law from State and district boards, the State and district officers, or other persons receiving or disbursing State or district funds, 16 GENERAL PROVISIONS. said boards, officers and persons shall render, in writing, to the State Auditor, semi-annual itemized detailed reports, which in case of the report of a board or its representatives, shall be signed by the president and secretary of the board, showing the several sums received and from what source, and the several sums dis- bursed and for what purpose and to whom paid, the said reports to be made on or before the first days of June or December of each year; and in the event of the failure so to do on the p,irt of any board or district officer or other person above named, the Auditor shall report the delinquency to the Governor within tifteea days after said failure, who shall be authorized thereupon, to remove from office the members of said board, or district officer or other person as for cause, unless it may be made to appear to the satis- faction of the Governor, that said failure or delinquency occurred from unavoidable or excusable causes. SEC. 17. [Concerning Officers.] All parish boards and par- ish officers having in charge the reception of, or disburse- ment of, public funds shall make semi-annual itemized, detailed accounts as required above to the clerk of court of the respective parishes, under the forms, conditions and penalties enumerated in Section 16 "of this act. SEC. 18. [Penalties for Non-Compliance.] In ca-e any sala- ried officer of the State failing to file with the Auditor of Public Accounts semi-annual itemized, detailed accounts, as provided in the sixteenth section of this act the Auditor shall, within fifteen days thereafter, furnish to the Treasurer of the State, a certificate to that effect and thereafter it shall be illegal for the Auditor to audit any warrant of said officer for salary, or the Treasurer to pay the same, until such time as the delin- quent officer shall have complied with the foregoing provisions. SEC. 19. [Power of the District Board in Expropriations.] When land shall be required for the erection of a school house or for enlarging a school house lot, and the owner refuses to sell the same for a reasonable compensation, the District Board of School Directors shall have the power to select and possess GENERAL PROVISIONS. 17 such sites embracing space sufficiently extensive to answer the purpose of school house and grounds. SEC. 20. [Relative to the Value of the Grounds.] Should such land holder deem the sum assessed too small, he shall have the right to institute suit before any proper judicial tribunal for his claim; but the title shall pass from him to the school corporation. SEC. 21. [Penalty for Non-Performance of Duty.] A failure on the part of any district, parish or State officer to per- form the duty imposed upon him by any section of this act, under the tide, " Education," and in the manner herein specified, is hereby declared a misdemeanor in office. Upon conviction thereof, such officer shall be punished by a fine not less than fifty, and not exceeding one hundred dollars, and by imprisonment in the jiarish prison for a term of not less than thirty days, and not exceeding three mouths. All prosecutions for offenses against this section shall have precedence over all cases before any jus- tice of the peace, parish or district court. SEC. 22. [Sale Which Can be Made by the Land Register.] It shall be lawful for the Eegister of the Land Office to sell, at the price stipulated by law, to any Board of Free School Directors of this State, any amount, not less than five acres, of any land within their school district, donated by Congress to this State, either for the use of a seminary of learning, or for the purpose of internal improvement, on which to erect a school house. SEC. 23. [How Located.] Any land so sold shall commence in the corner of a legal division or sub-divisions of sections ; and if in a right angle, it shall be run an equal distance on two sides, bounded by the line of such division, and form a square including the number of acres sold ; if in an acute angle, it shall be bounded by said division lines to such distance, and by lines in such other directions as the Eegister may deem most equitable between the land so sold and that retained ; the pat- ents for lauds so sold shall issue to the free school directors and 2 18 GENERAL PROVISIONS. their successors, for the use of their district schools, setting forth the number, and of what parish. SEC. 24. [Reservations of School Lands.] The Register of the State Land Office at Baton Eouge is required to ascer- tain in what township in this State, there are no reserva-. tions of school sections by reason of conflicting claims or from any other cause, or where the reservation is less than contem- plated by law ; and in such cases it is made his duty under the superintendence of the Governor, to apply for, and as soon as possible, obtain a location of any land or part of land in lieu thereof. SEC. 25. [Scrips Should Issue Only When Locations Cannot be Made.] When such locations cannot be made, if deemed more advantageous to the State, the Register, with the assent of the Federal Government, is authorized to issue scrip for such lands, which scrip shall not be sold for a less amount than one dollar and twenty-five cents per acre. SEC. 26. [Exemptions from Jury Duty.] The following per- sons shall be exempted from serving as jurors, but the exemp- tion shall be personal to them, and when they do not themselves claim the exemption it shall not be sufficient cause from chal- lenging any person exempt under the provisions of this act. * * * The Governor, Lieutenant Governor, State Au- ditor, State Treasurer, Secretary of the State, Superintendent of Public Education, their clerks and employees, and all public officers, commissioned under the authority of the United States. * * * professors and school teachers while employed in teaching. ********** SEC. 27. [Division of Parishes Into School Districts.] It shall be the duty of the parish board, with the parish superin- tendent, to divide the parish into school districts of such proper and convenient area and shape as will best accommodate the children of the parish. The parish boards shall, as soon as practicable, proceed to the work imposed tpon them, and upon completing this work, they shall make a report to the parish STATE SUPERINTENDENT OF PUBLIC EDUCATION. 19* superintendent, which report shall contain the boundary and description of the said district designated by number. The parish superintendent shall record the same in a well bound book, kept by him for the purpose, which book shall be held by said parish superintendent, and be at all times open to inspec- tion. The parish board, if they deem it to the best interests of the schools, may divide the parish into districts without refer- ence to the wards in the parish. SEC. 28. [School Districts in Two Adjoining Parishes ; How Laid Off.] The parish superintendents of two adjoining par- ishes, where the division line intersects a neighborhood whose convenience requires it, may lay off a district composed of parts of both the parishes. Such districts shall be reported, together with the census of school children only as belonging to the parish, in which the school house may be situated, by the parish super- intendent of the parish ; and report shall be made by the assessor and the parish superintendent as though it lay entirely in the parish. SEC. 29. [Option Which District School Children Will Attend,] Where two school districts adjoin, it shall be lawful for the children in either of the said adjoining districts to be taught in and at such school house as shall be most convenient to them ; provided, that their tuition fees shall be paid to the district in which they are taught, and that no change be made without the assent of the school boards of the respective parishes. II. STATE SUPERINTENDENT OF PUBLIC EDUCATION. 30. IS. 16, A. 81, 1888.] Au office to be provided for the State Su- perintendent ; custody of pa- pers and records; vacancy filled by appointment from the Governor. 31. \_S. 17, A. 81. 1888 ] Salary of the State Superintendent, his office, stationery, clerk, porter. 32. IS. 18, A. 81, 1888.] Duties of the State Superintendent and the schools subject to his super- visory control 33. i$. 19, A 81, 1888 ] Accounts he shall keep. 34. [S. 20, A. 81, 1888.] Biennial re- port; what it shall contain; number of copies to be printed and distributed. 35. \_S. 21, A. 81, 1888.] Institutions 20 STATE SUPERINTENDENT OF PUBLIC EDUCATION. II. STATE SUPERINTENDENT OF PUBLIC EDUCATION Continued. of the Blind and the Deaf and I evidence. Dumb; Keports and suggea- 37. [S. 23, A. 81, 1888.] Must report tions to be made by the State neglect of duty and the ini- Superintendent. proper use of school funds. 36. IS. 22, A. 81, 1888.]-Copies of 38> [5 . 2 4, A. 81, 1888. ]-Decis ions the State Superintendent's rec- ords and papers admissible in and appeals. SEC. 30. [State Superintendent of Public Education.] An office shall be provided for the State Superintendent of Public Education at the seat of government, in which he shall file, each year separately, all papers, reports and public documents trans- mitted to him by the board and officers whose duty it is to report to him, and hold the same in readiness to be examined by the Governor whenever he sees proper, and by any committee ap- pointed by the General Assembly; and he shall cause to be kept a record of all matters appertaining to his office. In case of vacancy in the office of Superintendent of Public Education, the Governor shall fill the vacancy and submit the name of the appointee to the Senate for its confirmation at the first session held after the appointment. SEC. 31. [Salary, Office Expenses, Clerk, Porter.] The salary Of the Superintendent of Public Education shall be two thousand dollars per annum, besides which he shall be entitled to office fixtures, stationery, books, fuel and lights needed to carry on the work of his office. He shall have the authority to appoint a clerk and a porter, and prescribe the duties of each ; provided, that the entire expenses of his office, including salaries, postage and incidentals, shall not exceed the specific appropria- tion therefor, payable in monthly installments, out of the current school fund, by the Treasurer of the State, upon the warrants of the State Superintendent. SEC. 32. [Duties of the State Superintendent.] The State Superintendent of Public Education shall have general super- vision of all boards of education, and of all common, high or STATE SUPERINTENDENT OF PUBLIC EDUCATION. 21 normal schools of the State, and shall see that the school system is carried into effect properly. He shall visit the several par- ishes of the State whenever practicable, at least once a year? and shall give due notice of the time of his intended visit to the parish superintendent, whose duty it shall be to meet and confer with the State Superintendent on all matters connected with the interests of the common schools of the parish ; while engaged in this duty, his actual expenses shall be paid out of the current school fund, but shall not in any case exceed the amount appro- priated per annum for the purpose. SEC. 33. [General Duties of the State Superintendent] He shall keep an account of all orders drawn or countersigned by him on the Auditor of all returns of settlements, and make note of all changes, in the appointment of school treasurers ; whenever required any part of this account or note of change shall be furnished by the Auditor. SEC. 34. [Biennial Report.] He shall biennially, on or be- fore the meeting of the General Assembly, make a report of the condition and progress made and possible improvements to be made in the common schools; the amount and condition of the school funds ; how its revenues, during the two previous school years, have been distributed; the amount collected and dis- bursed for common school purposes from local taxation or from any other source of revenue, and how the same was expended. This report shall contain ail abstract of the parish and city superintendents' reports. He shall communicate all facts, sta- tistics and information as are of interest to the common schools. He shall cause to be printed a copy for each school district in the State, two hundred copies for the use of the members of the legislature, and to exchange with the superintendents of public instruction of other States, and three hundred copies for dis- tribution by the superintendent. SEC. 35. [Suggestions to be Made Concerning Institutions for the Blind, Deaf and Dumb.] The Superintendent in his report shall set forth the objects, make suggestions which may be 22 STATE SUPERINTENDENT OF PUBLIC EDUCATION. of interest and promote the success ot the Institutions of the Blind and the Deaf and Dumb. The superintendents of these institutions shall annually, by the first day of March, furnish the State Superintendent ot Public Education such statements of their respective institutions as may be necessary to enable him to make a full and satisfactory report. SEC. 36. [Copies of Superintendent's Records Admissible in Evidence.] Certified copies of records and papers in his office ^hall, in all cases, be evidence as admissible as the original. SEC. 37. [Reports to State Board in Certain Cases.] It is made part of his duty to report all neglect of duty or any im- proper uses made of school funds to the State Board of Education whenever it may come to his knowledge. SEC. 38.* [Decisions and Appeals.] The State Superintend- ent shall decide all controversies or disputes that may arise or exist among the directors, or between the superintendents and the board, and between the superintendents and teachers con- cerning their respective duties. The facts of these controversies or disputes shall be made known to him by written statements by the parties thereto, verified by oath or affirmation, if required, -and accompanied by certified copies of all necessary minutes, contracts, orders or other documents. An appeal may be taken from his decision to the Board of Education, provided it be taken within fifteen days after his decision shall have been made* When called upon by the Superintendent of Public Education the Attorney General shall give his opinion in regard to any controversy or dispute. The Superintendent of Public Edu- cation shall, whenever required, give advice, explanations, constructions or informations to the district officers and super- intendents and citizens relative to the common school law ; the duties of common school officers ; the right and duties of parents, * SECTION 38. This department will gladly assist in every way in securing uniform and satisfactory administration of school affairs. The custom of answering proper inquiries, from school officers, teachers or others, touching constructions and app ications of school laws, will Continue. All correspondence of this kind is filed her* fo r preservation, letter-press copi s being taken for that purpose. It is obvious that we cannot comply with requests for the return of letters of inquiry with our replies. In appealing to the State Superintendent, copies of the charges verified by oath should be .furnished tae officers or persons complained against that they may answer for themselves. PARISH SUPERINTENDENT, TREASURER, ETC. 23 guardians, pupils and all officers: the management of the schools, and all other questions calculated to promote the cause of education. III. PARISH SUPERINTENDENT, TREASURER, AND OTHER OFFICERS. 39. 40. \_S. 25, A. 81, 1888.] Qualifica- tions and salary of the Parish Superintendent. [S. 26, A. 81, 1888,] Must visit each school once a year. 41. IS. 27, A. 81, 1888 ] Additional compensation allowed for cer- tain services. 42. [S. 28, A. 81, 1888.] Committee for the selection of teachers. 43. IS. 29, A. 81, 1888.] Enumeration of educable youth each Parish ' Superintendent to forward an annual statement to the State Superintendent. 44. \_S. 16, A 85, 1888.] Duty of As- sessor in enumerating youths. 45. IS. 30, A. 81, 1888 ] Parish Su- perintendent to report annually to the State Superintendent. 46. [S. 31, A. 81, 1888.] Custody of official documents by the Par- 47. IS. 32, A. 81, 1888.] Oaths he may administer. 48 [S. 33, A. 81, 1888] His office days. 49. [S. 56, A. 81, 1888 ] Parish Trea- surer is ex-officio School Trea- surer. 50. \_S 57, A. 81, 1888.] His bond; in favor of the Governor; amount; certified copies must be furnished the State Super- intendent and the State Trea- surer. 51. IS 58, A. 81, 1888.] Transfer of funds and documents of Parish Treasurer to his successor. 52. \_S 59, A. 81, 1888.] How funds shall be disbursed 53. IS. 60, A. SI, 1888.] Parish Trea- surer's compensation. 54. [S. 61, A. 81, 1888 ] Receipts and. disbursements by the Par- ish Treasurer ; his report to the State Superintendent. ish Superintendents. SEC. 39. [Qualifications ; Salary.] There shall be a parish superintendent in each of the parishes of the State, the parish of Orleans excepted, who shall be possessed of moral character and ability to manage the common school interest of the parish. He shall be of age. His salary shall not be more than two hun- dred dollars per annum for his services as superintendent and secretary as herein provided. SEC. 40. [Visits to be Made.] He shall during the year visit once, at least, each school district in the parish, and he shall exert his best endeavors in promoting the cause of common .sshool education. 1M PARISH SlIPKRIN'J'KNDllN'l, TIM'IASURKK, KT\ llio |>m i.sh l.oanl, MH Illiltti -I'M ol S( -lir.nl l.(-!lli..li lillinl.f.I nf trH,-|nMS.-||||.loVCsr>led, That the State Hoard of Education calls the attention of the parish boards to the necessity of establishing high schools wherever the high grade of students justifies it, as the State Board of Education believe that the establishment of a number of high schools in the State will contribute powerfully to build np both the pnb'ic school ays- t< in and colleges and universities.' 1 Proceedings, State Boird of Education, August 18, 1892. SCHOOLS. 53 unless the amount be donated for the site and suitable buildings are provided for without any expense out of the school fundj provided, that the boards of directors of the parish of Orleans shall not require the sanction of the State Board for the pur- poses aforesaid. The school boards shall have the authority to assess and collect one dollar per annum from each family, sur- viving parent or guardian, who actually sends a child or children to the common schools of the district, to be collected in such manner as said board shall determine, which amount shall be used in providing the sciiool house with fuel and defraying the expenses necessary for the comfort of the school. SEC. 132. [Branches to be Taught.] The branches of or- thography, reading, writing, arithmetic, geography, grammar, United States history and laws of health and physical education shall be taught in every district. In ad litiou to those, such other branches as the State Board of Education and the parish school board may require; provided, that these elementary branches may be also taught in the French language in those parishes in the State or localities in said parishes where, the French language predominates, it no additional expense is incurred. SEC. 133. [Hygiene and Temperance.] In addition to the branches, in which instrutiou is now given in the public schools, instruction shall also be given as to 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 relative physiology and hygiene, and such sub- jects shall be taught as regularly as other branches are taught in said schools. Such instruction shall be given orally from a text book in the hand of the teacher, to pupils who are not able to read, and shall be given by the use of textbooks in the hands of the pupils in the case of those who are able to read, and such instruction shall be given as aforesaid to all pupils in all public schools in the State, to all the grades until completed in the high schools. 54 SCHOOLS. SEC. 134. [Text Books.] The text books used for the instruc- tion required to be given by the preceding section (referring to the law in regard to the teaching of Hygiene and Temperance,) shall give at least one-fourth of their space to the consideration of the nature and effects of alcoholic drinks and narcotics; and the books used in the highest grades of graded schools shall contain at least twenty pages of matter relating to this subject. Text books on physiology in use in the schools or at the time this act takes effect, which are not in accordance with the requirements of this section, except when previous contracts as to such text books now in force. SEC. 135. [Sectarian Schools.] The Boards of School Di, rectors of the several parishes of this State are prohibited from entering into any contract, agreement, understanding, or combination, tacitly or expressly, directly or indirectly with any church, monastic or other religious order or association of any religious sect or denomination whatsoever, or with the repre- sentatives thereof, for the purpose of running or to defray the expenses for the running of any public school or schools of this State, together in connection or in combination with any private or parochial school or other institution of learning which may be under the control, authority, supervision, administration or management of any church, monastic, or other religious order or association of any religious sect or denomination whatsoever. SBC. 136. [Penalty.] The violation of the provisions of this act by the Board of School Directors or any member thereof shall be cause for their removal. SEC. 137. [Days of Rest] The following shall be considered as days of public re>t and legal holidays and half holidays in this State, and no others, namely : Sundays, the first of January, the eighth of January, the twenty-second of February, Good Friday, the fourth of July, the first of November, the twenty- fifth of December, Thanksgiving Day as designated by the Presi- dent of the United States, and, in the parish of Orleans, Mardi- Gras and the twenty-fifth of November, to be known as " Labor Day." CITY SCHOOLS. 55 SEC. 138. [Free Passage Over Streams for Pupils.] The free right of passage or conveyance, over all public ferries, bridges and roads (except the ferries of the Mississippi Kiver) which are rented out by the State or parish, or over which the State or parish exercises any control, or for which license is paid or toll exacted, be and is hereby granted to all children on foot attend- ing free public schools, and no tolls or fees shall be demanded or exacted from said children by the keepers or attendants of said ferries, bridges or roads in their passage to and from schools between the hours of 7 o'clock A. M. and 9 o'clock A. M., and/owr o'clock P. M. and six o'clock p. M. ; provided, that on Sundays and holidays no scholar shall have the right to cross such ferries bridges or roads on terms different from those of any ordinary passenger. SEC. 139. [Limit of Attendance in Charge of One Teacher.] No school of IPSS than ten pupils shall be opened or maintained in any locality j nor shall more than forty pupils be placed in charge of any one teacher. VII. CITY SCHOOLS. 140. [S. 62, A. 81, 1888.] Board of directors; how appointed; how vacancies are filled. 141. [S. 1, A. 158, 1894, amending mid re-enacting Section 63 of Act 81 of 1888.] Board of school direct- ors : a body corporate ; quo- rum ; legal process served on the president or vice-president; attorney; organization. Secre- tary : must not be a member of. the board ; duties and salary. 142. [S.64, J. 81, 1888.] -Additional powers of the board of direct- ors ; the adjustment of the sala- ries of teachers, porters and portresses ; limitation of annual and monthly expenditures; rules for competitive examina- tions ; election of teachers from among candidates holding cer- tificates, and* graduates of nor- mal schools ; regular monthly meetings; vacating seats of members of board for absence from two successive meetings and other causes; evening and night schools ; normal schools. 143. \_S. 65, A. 81, 1888.] No com- pensation allowed to directors. 144. [S. 2, A. 158, 1894.] Superin- tendendent: his duties, pow- ers, salary, and term of oftice. 145. IS. 1, A. 136, 1894.] School taxes collected prior to 1880 to be turned over to the Board of Liquidation. 146. [S 2, A. 136, 1894.] Duty of the board in certain cases. 66 CITY SCHOOLS. VII. CITY SCHOOLS Continued. 147. [S. 3, A. 136, 1894.] Duty of the Board of Liquidation. 148. [67, J.81, 1888.] City treas- surer; ex-officio school treas- urer; bond. 149. [ 68. A. 81, 1888.] Treasurer's term of office ; removal ; elec- tion of a successor. 150. IS. 69, A. 81, 1888. Mayor, treas- urer, and comptroller of the city of New Orleans, cx-officio- members of the board ; cannot vote. 151. IS. 70, A. 81, 1888.] Keport of the board. 152. IS. 71, A. 81, 1888.] Budget of expenses: what it shall include. 153. [S. 72, A. 81. 1888.] Provisions- for affording proper evidence of claim. SEC. 140. [Orleans School Board.] All the public schools of the parish of Orleans, and the property and appurtenances thereof, shall be under the direction and control of a board of directors. Said board shall consist of twenty members, eight of whom shall be appointed by the Governor, by and with the consent and approval of the State board of education, and twelve members thereof shall be elected by the city council of New Orleans. The members of said board shall hold office during four years after their appointment and election, except as hereinafter provided, and until their successors are appointed or elected and qualified. On the first organization of said board by the members thereof, who shall be appointed and elected on the passage hereof, and in the manner aforesaid, the members shall be divided into four classes, by such method as they may choose, each class to consist of three members, elected by the city council and two members appointed by the Governor, by and with the consent and approval of the State board of educa- tion, whose terms shall expire respectively in one, two, three and four years, and whose successors "shall be elected and appointed for four years, and in the manner set forth above ; so that one- fourth of the membership of said board shall expire, and be elected and appointed annually. Vacancies in membership shall be filled by the appointive or elective power, as herein provided. SEC. 141. ; [Powers and Duties of the Board.] Said board of directors of the public schools of the parish of Orleans, shall be a CITY SCHOOLS. 57 body corporate in law, with power to sue and be sued. Eleven, members shall constitute a quorum for the transaction of busi- ness. Legal process shall be served on the president; in his absence or inability to act, on the vice president. The city attorney shall act as attorney for the board. The board shall be organized within ten days after its appointment, with a president and vice president chosen from among its members, and a sec- retary, who shall not be a member of the board. In addition to the duties of his office, which may be fully prescdbed by the board, he shall make a quarterly report to the State Superin- tendent of Education of the cost of maintaining the city schools r and shall keep the accounts of said board in such manner as to be in strict accordance with such budget as they may adopt, certifying to said board at each monthly meeting the expenses of said board for each current month. Said board shall have control of all ImiMii.gs, records, papers, furniture and property of any kind pertaining to the administration of the schools, and vshall have management of all the public schools within the limits of the city of New Orleans. The salary of the secretary which shall be fixed by the board, shall be paid in the same manner as hereinafter provided for the payment of the superintendent. SEC. 142. [Authority of the Directors ; Duties.] In addition to the powers and duties hereinbefore granted to and imposed upon parish boards, the powers and duties of said board of directors of the parish of Orleans shall be as follows : First It shall adjust and tix equitably the salaries of teach- ers and porters or portresses employed in the schools, and of the secretary and employees and of such assistant superintendents as it may deem necessary for an efficient supervision of the schools. Second It shall limit the annual expenses of maintaining the schools to the annual revenue, and the expense for any one mouth shall not exceed the one ninth part of the whole amount provided for the schools. Third It shall prescribe rules for subjecting teachers, or candidates for teacherships, to a careful competitive examination. 58 CITY SCHOOLS. on all such branches as they are expected to teach, and no per- son shall be elected to a positiou as teacher without a favorable report on his or her moral and mental qualificfitions by an organized committee of examiners appointed by the board. Teachers regularly examined and elected shall not be removed Irom the schools during the time for which employed, except on written charges of immorality, neglect of duty, inconipeteucy or malfeasance, of which he or she have been found guilty by a majority of the members of the board at a regular monthly meeting. The said board may except from such examination any person who has passed a satisfactory examination, as re- quired by Act No. 23 of 1377, approved March twenty-sixth (26th), eighteen hundred and seventy-seven (1877), and who holds a certificate of qualification, and who has had two years or more experience as a teacher, so that the calling of a teacher Shall be elevated to a profession, and that a system of life cer- tificates shall be issued to all such teachers in the city of New Orleans by the board of directors of city schools ; any person who is a graduate of a State normal school, or of any college or university duly authorized to confer degrees, certificates of quali- fications shall be given to all persons who successfully pass such examination. Fourth It shall elect all teachers from among the candi- dates holding certificates in the order of their merit, as shown by such examination, including graduates of normal schools, as shown by the averages attained at their final examinations, or from among persons excepted from examinations as hereinbefore provided. Fifth All certificates to teachers granted hereafter shall stand good for three years ; upon a second examination at the end of three years, certificates of a higher grade shall be given, to be good for five years, if the applicant is found competent to teach a higher grade school than the one for which the first cer- tificate issued. Sixth It shall hold regular monthly meetings on a day fixed by it. CITY SCHOOLS. 59 Seventh It shall declare vacant the position of any of its members who shall have failed to perform the duties assigned to Mm, or have absented himself from two successive monthly meetings of the board without leave, or have been guilty of any breach of decorum, or of any other act inconsistent with the dig- nity of a school director; and it shall report each vacancy to the body by which the delinquent member shall have been pre- viously elected or appointed; it shall be the duty of the board of directors of city schools elected and appointed under the pro visions of this act to examine and scrutinize personally the accounts of their predecessors, in order to find out if their administration of the school funds, committed to their charge for disbursement, has been in accordance with law, so that in the future a proper administration of the city schools may be had. Eighth It may establish, when practicable, evening or night schools for the instruction of such youths as are prevented by their daily vocations from receiving instructions during the day. Ninth It may establish, when deemed advisable, one or more normal schools or departments for the pioressional training and improvement of candidates for teacherships, including, in the course of instruction and training, lectures in the natural sciences, and on the method of teaching and disciplining chil- dren, and the practical exercises of non-teaching students in model classes organized for that purpose by the faculty of the institution. To graduates of these normal schools or depart- ments, and also to proficient students in other city schools of an academic grade, the board may, in its discretion, award diplo- mas; and the graduates of the normal schools or departments who shall have been examined and found proficient in all the branches required to be taught in the public grammar schools, may be deemed preferred candidates for vacant positions in the city public schools, and the diplomas awarded to such graduates shall be deemed equivalent to teaching certificates of the highest grade for common schools; provided, that the final examinations 60 CITY SCHOOLS. for graduation from said normal schools, and upon which diplo- mas may be awarded, shall be conducted in the same manner and include the same subjects as the public competitive examina- tions required by paragraph three (3) of this section. SEC. 143. [Services of the Directors Without Compensation.] No school director of the city ot New Orleans shall receive com- pensation for his services as a school director. SEC. 144. [Superintendent Duties, Authority, Salary.] The said board is authorized to appoint for the constant supervision and periodical examination of the public schools of the parish of Orleans, a competent and experienced educator to be desig- nated as superintendent. He shall aid the directors in organiz- ing the schools and in improving the methods of instruction therein, in examining candidates for teacherships. and in con- ducting periodical examinations of pupils for promotion through the respective grades of the schools, and in maintaining general uniformity and discipline in the management of all the schools, He shall make semi-annual reports on the condition and needs of the schools to the said board, and an annual report on or before the first of January to the State board of education,, as hereinbefore required; and, whenever notified to be present, he shall attend meetings of the State board of education. The superintendent shall receive an annual salary of twenty- five hundred dollars, payable in equal monthly installments, payable on the roll of the board of directors of the city schools, in the same manner and at the same time that the employees and expenses of said board of directors are pa d. He shall hold his office for the term of four years, subject to removal by the board for neglect of duty or malfeasance, of which, after an im- partial hearing by the board, he shall have been adjudged guilty. He shall be ex-officio a member of said board, and entitled to participate in its deliberations and debates, and in the examination of candidates for teacherships, but he shall not cast a vote in the board. CITY SCHOOLS. 61 SEC. 145. [Taxes Prior to 1880.] All the school taxes col- lected by the city of New Orleans prior to 1880 be turned over to the Board of Liquidation of the city debt of New Orleans. SEC. 146. [Judgment Against the School Board.] Whenever a judgment shall be rendered or has heretofore been rendered against the board of School Directors of the city of New Orleans, whether the same be absolute against the School Board, or pay- able out of the school taxes levied by the city of New Orleans for any particular year or years, and the same shall have become final and executory, the plaintiff in the suit shall cause a copy of the petition, answer and judgment duly certified by the clerk to t>e final and executory be lodged in the hands of the secretary of the Board of Liquidation of the City Debt of New Orleans, whose duty it shall be to record the same in a book kept for that pur- pose. SEC. 147. [Duty of the Board of Liquidation.] It shall be the duty of the Board of Liquidation to distribute the share of the funds provided for in Section 8 of Act 110 of 1890, which shall accrue to the School Board of the city of New Orleans, as follows, viz : 1. Out of the funds so accruing from the taxes for the years 1892, 1893 and 1894, it shall first pay to said School Board, in addition to amounts heretofore paid the sum of one hundred and sixty thousand dollars ($160,000). ?. Ori* of the funds so accruing from the taxes of the year 1895, it snail first pay to said School Board such an amount as will, with any amounts appropriated by the city of New Orleans for school purposes reach a total of two hundred and ninety-seven thousand five hundred dollars ($297,500). 3. Out of the funds so accruing from the taxes of the year 1896, and of each year thereafter, it shall first pay to said School Board for each year such an amount as will with any amounts appropriated by the city of New Orleans for school purposes reach a total of three hundred and thirty-seven thousand five hundred dollars ($337,500). 62 CITY SCHOOLS. 4. It shall, after making the payments aforesaid, distribute any amounts remaining in its hands and accruing to said School Board, among the holders of judgments so recorded with it, in the order of their registry until the same shall have been paid in full. 5. It shall pay over to said School Board any amounts accruing to it out of said funds after paying judgments in fulL SEC. 148. [City Treasurer, Ex-Officio School Treasurer.] The treasurer of New Orleans shall ex-officio be the treasurer of said board and shall receive all funds apportioned by the State to such city, or received or collected for the support of the free public schools from any and all sources. He shall give bond r with good and solvent security, in the sum of ten thousand dol- lars ($10,000) in favor of the president of said board and his successors in offic?, to be accepted and approved by said board and recorded in the mortgage office of the parish, and which bond shall then be filed and kept on record in the office of the said board. The filing of said bond, and taking and filing the usual oath of office before any officer authorized to administer the same, shall qualify the treasurer to act. SEC. 149. [Term of Office, Removal, Election of a Successor.] Said treasurer shall hold his office for four years, or during bis term of office as city treasurer, unless sooner removed after due trial and hearing by the said board, for neglect of duty or mal- feasance in office; and in case of removal by the board, it shall elect a treasurer who shall not be a member. He shall receive the sum of six hundred dollars per annum for the trouble and expenses which may be incurred by him in the discharge of the ^duties imposed under this act, payable monthly on his own war- rant, as hereinbefore provided for the payment of the superin- tendent's salary. He shall keep his office open at all such times as may be prescribed by said board, for the payment of pay-rolls or checks in favor of teachers and other employees of the board. SEC. 150. [Ex-Officio Members of the City Board.]-^The mayor, treasurer and comptroller of the city of New Orleans CITY SCHOOLS. 63 shall be ex-officio member of the said board and entitled to take part in all the debates and deliberations in said board on the ways and means for maintaining the public schools of said parish, but they shall not have the right to vote. SEC. 151. [Report of the Board.] In addition to the -duties imposed upon boards of school directors, it shall be the duty of said board for the parish of Orleans to present to the Common Council of the city of New Orleans, on the first day of December of each year, a full report of the condition of the city schools, showing the number of teachers and other employees and their salaries ; the number and location of school houses, with the con- dition thereof, and the estimated cost of keeping all appurtenant grounds in good repair during the ensuing year ; a' so a detailed exhibit of all receipts and expenditures of the board for the schools during the previous twelve months 5 said report shall be accompanied with a statement certified by the officers of the board of the average daily attendance of pupils during the annual session, and the average expense per capita of their instruction. SEC. 152. [Budget of Expenses.] It shall be the. duty of the Common Council of the city of New Orleans, in making up their budget of annual expenses, to include therein the amount neces- sary to meet the expenses of the schools, as shown by the state- ment of the actual attendance, and cost of instruction required by the preceding section, with such additional allowance for probable increased attendance and contingent expenses as may seem just and reasonable to the City Council, and to keep in good repair all school houses and school grounds belonging to the city; provided, that the sum appropriated with the probable receipts from the State school fund and poll tax shall not exceed the , aggregate amount required for the maintenance of the schools during the year, and for the keeping in good repair all school houses and grounds belonging to the city, as shown by the state- ment of the school board ; and, provided further, that the amount to be appropriated by said city shall not be less than the sum of $250,000; of said amount so to-be appropriated b^ said City STATE SCHOOLS. Council, not less than $175,000 shall be provided for the annual city budget of expenditure , and the balance out of the reserve fund of twenty per cent, constituted by Section GG of Act No. 20, approved June 23d, 1882, and by Act No. UK), of 1886, and said balance is hereby constituted a first lien and claim against said reserve fund, and shall be paid out of the first collection made on account of the same and by preference over all claims what- soever; provided further, that out of the amount so appropriated by said city, said board of directors shall, in the year eighteen hundred and eighty-nine (1889), and annually for five years there- after, appropriate a sum sufficient to extinguish at least one-sixth of the unpaid claims against said board for the years 18SO, 1831, 1882 and 1884, so that said claims shall bo, entirely paid by the beginning of the year 1895. The board of directors for the par sli of Orleans are hereby authorized to enforce the provisions of this section by the application to a court of competent jurisdic- tion, by a writ of mandamus or other effective remedy.* SEC. 153. [Provisions for Affording Proper Evidences of Claims.] For the purpose of affording 'proper evidence of said claims aforesaid (and for no other purposes whatsoever), said board shall issue certificates of indebtedness to an amount equal to the total amount of said claims and maturing in six equal install meuts on the first day of January, 1890, 1891, 1892, 1893, 1894 and 1895. VIII. STATE SCHOOLS. STATK NORMAL SCHOOL. Jet 73 of 1892. 154 (1) Object; to \vliom open 155. (2) Board of administrators; terms of office ; successors. 156. (3) Powers of the board; ap- point teachers ; manage school finances ; a body corporate ; domicile. 157. (4) Meetings of the board ; com- pensation. 158 (5) Faculty ; their duties. 159. (6) Departments and clashes. 160. (7) Qualifications for admission. 161. () Tuition free, except in cer- tain instances. 162. (9) Diplomas equivalent to first grade teachers' certificates. The provisos of this section are declared ncoBat:tatioaal by fie Supreme Court. Hee abstract, " Taxation,'" from the 42,wlCE 1JUH- 185. (16) Power of the board to lease the University's grounds in Rapides and Saint Bernard. 186. (17) Interest and income to be derived from the sale and lease of certain lands and property. 187. (18) Institution enjoined to teach agricultural -and mechan- ical arts. 1*8. (20) The board to report to the Legislature. 189. (21) Powers and duties of the president of the University. 190. (22) Further powers of the pres- ident of the faculty. 191. (23) Grant, gift, devise, and be- quest of property. 192. (24) Board to accept donations of property, etc. 193. (25) Authority of the board to invest funds. 194. (26) Construction to be placed upon donations. Act 67'0/ I860. 195. Military science to be taught. 196. Governor to issue commissions to the faculty. 197. Expenses of the board of super- visors. Act 140 of 1880. 198. (1) Chairs in nautical instruc- tion to be established. 199. (2) Governor requested to apply to the Secretary of the Navy for training ships, etc. Act 100 of 1886. 200. (1) Beneficiary c*adets one al- lowed each parish and seven- teen to the city of New Orleans. 201. (2) By whom and how. appoint- ed. 202. (4) Authority of the police ju- ries and city council of New Orleans to appropriate funds 66 STATE SCHOOLS. VIII. STATE SCHOOLS Continued. for the maintenance of bene- ficiary cadets. ^03. (5) Conditions imposed upon beneficiaries. INSTITUTION FOR THE BLIND. Act 92 0/1871. 204. (1) Establishment. 205. (2) Applicants, on what terms admitted. 206. (3) Organization; terms of in- struction. 207. (4) General control. 203. (5) First meeting. 209. (6) Residence, salary, and du- ties of principal. 210. (7) Duties of vice-president. 211. (8) Bond, duties, and salary of the treasurer. 212. (9) By-laws and regulations. 213. (10) Industrial Home for the Blind. 214. (11) Expenses of the board ; how paid. 215. (12) Admission regardless of race. INSTITUTION FOR THE DEAF AND DUMB. Act 88 0/1871. 216. (1) For the exclusive use of the deaf and dumb. 217. (2) Admission of pupils. 218. (3) Literary and mechanical education. 219. (4) Control, in whom vested. 220. (5) Officers. 221. (6) Duties of the superintendent, 222. (7) Duties of the treasurer. 223. (8) Rules and regulations ; quo- rum. 224. (10) Expenses of members of the board. SOUTHERN UNIVERSITY. (For Persons of Color.) 225. [. 1, A. 87, 1880.] Establish- ment 226. [5. 1, A. 65, 1882.] Board of trustees. 227. [S. 3, A. 87, 1880.] Quorum. 228. IS. 4, A. 87, 1880.] Officers of the board; how elected; offi- cers. 229. [S. 5, A. 87, 1880.] Rules and regulations ; faculty. 230. \_S. 6, A. 87, 1880.] Powers of the board of trustees, 231. IS. 1, A. 90, 1882.] Faculty, degrees, departments, and courses. STATE NORMAL SCHOOL. SEC. 154. [Object To Whom Open.] The State Normal School, located at Natchitoches, in the parish of Natchitoches, in conformity with sections 4 and 8 of Act No. 51 of 1884, shall have far its object to train teachers for the public schools of Louisiana, and shall be open to white persons of either sex of age and qualifications as may be hereinafter prescribed. SEC. 155. Board of Administrators Terms of Office, Their Suc- cessors. The board of administrators of said State Normal School STATE SCHOOLS. 67 shall consist of six competent white citizens, to be selected and appointed by the Governor of the State, one from the town of Natchitoches and from each of the first five circuits of the court of appeals. The Governor shall shall be, ex-officio, president of the board. The first board appointed under this act shall, at its first meeting, oe divided by lot into three classes of two members each, the first class to hold office for two years, the second for four y^r? jwl the third for six years, from and after the first day of July, 1892. Their successors shall be appointed for the full term of six years. Vacancies caused by death or resigna- tion shall be filled for the unexpired term by appointment of the Governor. SEC. 156. [Powers of the Board of Administrators.] The board of administrators shall elect all teachers employed in said State Normal School, determine their compensation, and manage the financial and other interests of the school. Said board shall be a body corporate with all the rights and powers of such bodies, and shall have its domicile at the town of Natchitoches, in the parish of Natchitoches. SEC. 157. [Meetings of the Board ; Compensation.] Said board of administrators shall hold one regular meeting each year at the close of the annual session of the school. Special meetings may be called in such manner and held at such times as the board of administrators may determine. The members of said board of administrators shall receive no compensation for their services, except their actual traveling expenses and the per diern of mem- bers of the General Assembly while attending the sessions of the Board. SEC. 168.. [The Faculty Their Duties.] The faculty shay consist of a president, who shall be ex-officio a member of the board of administrators, and such additional instructors as the interests of the school may require. In addition to the regular work of the school, the faculty may be called upon to assist in the State Teachers 7 Institutes at such times and places as may be determined by the State Superintendent of Public Education and the President of the State Normal School. <68 STATE SCHOOLS. SEC. 159. [Departments and Classes.] The State Normal 'School shall contain two departments, the Normal Department and the Practice School. The Course of Study of the Normal Department may extend over a period of four years, and shall embrace thorough instruction and training in the history and science of education, the theory and practice of teaching, the organization and government of schools and such other branches of knowledge as may be deemed necessary to fit the students for the varied work of a complete system of public schools. The Practice School shall consist of such grades or classes, with such course of study, as the Board of Administrators may deem useful in giving the Normal students the necessary practice in the art of teaching. SEC. 160. [Qualifications for Admission.] Applicants for admission to the Normal Department must be at least fifteen years of age if female, and sixteen years of age if male; must give satisfactory evidence of goodjnoral character and of requisite proficiency in the ordinary branches of a good common school education; and must declare in writing their full intention of continuing in the school until graduation, unless sooner dis- charged, and of teaching in the public schools of Louisiana for at least one year after graduation. SEC. 161. [Tuition Free, Except in Some Instances.] Tuition shall be free to all students of the Normal Department who ful- fill all the requirements imposed by Section 160 of this Act, and to the pupils of the primary grades of the Practice School. All other students shall be charged such fees for tuition as may be prescribed by the board of administrators. SEC. 162. [Diplomas.] The board of administrators of the State Normal School is hereby empowered to confer diplomas upon all graduates of said school. This diploma shall entitle its holder to a first grade teacher's certificate, valid in any town or parish of the State for four years from the date of graduation* at the expiration of which time it may be renewed, for the same period, by the State Board of Education, upon satisfactory evi- STATE SCHOOLS. 69^ dence of the ability, progress and moral character of the teacher making application for such renewal. Furthermore, the diploma of the State Normal School shall entitle its holder to such degree of preference in the selection of teachers for the public schools of the State as may be deemed wise and expedient by the State Board of Education. INDUSTRIAL, INSTITUTE AND COLLEGE. SEC. 163. [Industrial College Object, Location, Privilege.] An Industrial Institute and College is hereby established for the education of the white children of the State of Louisiana in the art* and sciences. Said Institute shall be known as "The In- dustrial Institute and College of Louisiana," and shall be located at Eustou, Lincoln parish, La., provided said town and parish shall donate ten thousand dollars ($10,000) to said Institute, and the same shall be organized as hereinafter provided. SEC. 164. [Trustees How Appointed; Vacancies, Quorum.] The Governor of the State shall nominate and appoint, by and with the advice and consent of the Senate, one person from each Congressional District of this State and two from the State at large, to be trustees and to serve as such for four years. Im- mediately after they shall be assembled, in consequence of their first appointment, they shall be divided by lot into two equal classes, so that the term of three of those appointed from the Congressional Districts and one appointed from the State at large, shall expire in two years and the term of the other half shall expire in four years from the date of their appointment, so that one-half may be chosen every two years, Vacancies shall be filled as in case of oth -r offices in this State. The Governor shall be ex-officio a member of said board of trustees and shall, when present, act as president of the board, but the board shall elect one of their number as vice-president. Five of the trustees shall constitute a quorum for the transaction of business. SEC. 165. [Trustees, a Body Corporate.] The board of trus- tees of said institute and college, be and the same are hereby 70 STATE SCHOOLS. declared a body politic and corporate, shall be domiciled at RustoD, La., shall have a seal, shall sue and be sued, contract and be contracted with, may hold, purchase, sell and convey property, whether movable or immovable, which may be neces- sary or beneficial in carrying out the purposes of this act. Said board of trustees may provide under proper regulations and rules for conferring degrees and awarding diplomas and grant- ing certificates, as rewards and honors for learning and skill, to the pupils of said institute. SEC. 166. [Meetings of the Trustees, Said board of trus- tees shall fix the time or times for regular meetings and may be convened at any time the Governor as ex-officio president may deem it expedient to do so, in order to transact business con- nected with said institute and college. The president of the fac- ulty and teachers shall be secretary of the board of trustees, and he shall keep in a well bound book, a record of all the proceed- ings had by said board, and his compensation for this service shall be fixed by the board; provided, that said board may elect a suitable person as secretary pro tern to act until the institute be put in operation. SEC. 167. [Branches to be Taught.] The said board of trus- tees shall possess all the power necessary and proper for the accomplishment of the trust reposed in them, viz : The estab- lishment of a first-class Industrial Institute and College for the education of the white children of Louisiana in the arts and sciences, at wnich such children may acquire a thorough acade- mic and literary education, together with a knowledge of kinder- garten instruction, of telegraphy, stenography and photography, of drawing, painting, designing and engraving in their indus- trial application; also a knowledge of fancy, practical and general needle work; also a knowledge of book-keeping and agricultural and mechanical arts, together with such other prac- tical industries as from time to time may be suggested to them by experience, or such as will tend to promote the general object of said institute and college to-wit: Fitting and preparing such children, male and female, for the practical industries of the age. STATE SCHOOLS. 71 SEC. 168. [Faculty.] The board of trustees shall select and appoint a president and the professors of said Institute and Col- lege, and such other officers as they may deem necessary to put and maintain the same in successful operation, and shall make such rules and regulations for the government of said officers as they may deem advisable ; they shall prescribe such a course of discipline as may be necessary to enforce the faithful dis- charge of the duties of all officers, professors and students. They shall prescribe the course or coifrses of instruction so as to secure a thorough education and the best possible instruc- tion in all of said industrial studies, and they shall adopt all such by-laws and regulations as they may deem necessary to carry out all the purposes and objects of said institution. SEC. 169. [State Ownership of College Property.] All the property acquired in any way by said board of trustees shall really be the property of and belonging to the State or Louisiana, but shall be held, controlled and managed by said board of trus- tees for the benefit of the said Industrial Institute and College. THE LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE. SEC. 170. [Union of the State University and the Agricultural and Mechanical College.] The Louisiana State University, as now established and located at Alexandria, in the parish of Rapides, and the Louisiana State Agricultural and Mechanical College, as now established and located in the parish of St. Ber- nard, be and they are hereby united and constituted into one and the same institution of learning, which shall hereafter be known and designated under the name and title of the Louisiana State University and Agricultural and Mechanical College, and said institution of learning, the Louisiana State University and Agri- cultural and Mechanical College, as hereby created, shall be established temporarily at Baton Rouge, in the parish of East Baton Rouge. SEC. 171. [Rights and Privileges Granted the Two Institu- tions Respectively, Still in Force.] All legal rights and privi- 72 STATE SCHOOLS. leges, as granted by the Congress of the United States and the Legislature of Louisiana, and all the legal obligations and requirements, as imposed by congressional and legislative enact- ments, and binding upon the two institutions of learning respect- ively, which have been in the preceding section united and constituted into one and the same institution of learning, shaH be of full force and effect with and upon the Louisiana State University and Agricultural and Mechanical College, as herein- before constituted and established ; excepting such legal rights, privileges, obligations, and requirements as may be specifically repealed by the provisions of this act. SEC. 172. [Object of the Institution.] The Louisiana State University and Agricultural and Mechanical College, as herein- before created, shall have for its object to become an institution of learning, in the broadest and highest sense, where literature, science and all the arts may be taught; where the principles of truth and honor may be established, and a noble sense of personal and patriotic and religious duty inculcated 5 in fine, to fit the citizen to perform justly, skillfully, and magnanimously all the offices, both private and public, of peace and war. SEC. 173. [General Instruction.] The Louisiana State Uni- versity and Agricultural and Mechanical College, as herein- before created, shall provide general instruction and education in all the departments of literature, science, art, and industrial and professional pursuits ; and it shall provide special instruc- tion for the purpose of agriculture, the mechanic arts, mining,, military science and art, civil engineering, law, medicine, com- merce and navigation. SEC. 174. [Board of Supervisors.] The Louisiana State Uni- versity and Agricultural and Mechanical College, as herein- before created, constituted and established, shall be under the direction and control of fifteen supervisors, who shall be a body corporate, under the style and -title of the board of supervisors of the Louisana State University and Agricultural and Mechan- ical College, with the right, as such, to use a common seal, and STATE SCHOOLS. 73 who shall be capable in law to receive all donations, subscrip- tions, and bequests, in trust for said University and Agricultural and Mechanical College, and to recover all debts which may become the property of said University and Agricultural and Mechanical College, and to sue and be sued in courts of justice, and m general to do all acts for the benefit of the Louisiana State University and Agricultural and Mechanical College, which are incident to bodies corporate. SEC. 175. [Composition of the Board.] The Governor of the the State shall be ex officio president of the board of supervisors, and the State Superintendent of Public Education and the presi- dent of the faculty of the university shall be members ex-officio of said board, and the twelve remaining members shall be appointed by the Governor by and with the advice and consent of the Senate; provided, that three of the said twelve remaining members shall have been students of the Louisiana State Univer- sity, as it existed prior to the passage of this act, and have taken degrees a::d be titled grnd nates of said institution ; and provided further, that only one member shall be appointed from any one parish, except the parish of Orleans, from which two members shall be appointed ; and also further provided, that one of the twelve members to be appointed by the Governor shall reside in the parish of East Baton Rouge, in which, as hereinbefore pro- vided, the Louisiana State University and Agricultural and Mechanical College has been, temporarily, established and located. And whenever a vacancy occurs in the board of super- visors, for any cause, the same shall be filled for the unexpired term in the same manner. SEC. 176. [How the Supervisors are Appointed.] Three of the twelve members of the board of supervisors to be appointed by the Governor in accordance with the provisions of the fore- going section ot this act, shall be commissioned and hold their offices for one year, three for two years, three for three years, and three for four years. Their successors snail be appointed in like manner, and shall hold their offices for the full term of four 74 STATE SCHOOLS. years, from the first day of January next succeeding their appointments, and until their successors are appointed and qualified , SEC. 177. [Vice-President of the Board ; Quorum.] The mem- ber of the board of supervisors appointed for the parish of East Baton Kouge, in which, as hereinbefore provided, the Lou- isiana State University and Agricultural and Mechanical Col- lege has been temporarily established and located, shall be ex- officio the vice-president of the board, to preside over the meetings of the board in the absence of the Governor. Five members of the board of supervisors, including the president or vice-president shall constitute a quorum for the transaction of business ; pro" vided, that all of the acts of the said such five members, at such meeting, shall be submitted for ratification or rejection at the next meeting of the board of supervisors, when a majority of all the fourteen members of the board may be present. SEC. 178. [Meetings of the Board, lodging, medicine, and medical attendance at the expense 38 STATE SCHOOLS. of the institution and all those in such indigent circumstances as- shall appear by the certificate of any member of the police jury of the parish, or the mayor of the city where they reside, to render such aid necessary, shall also be furnished with clothing and traveling expenses to and from the institutions. SEC. 218. [Literary and Mechanical Education.] The insti- tution shall afford all requisite facilities for providing a good literary education and a mechanical department in which instruc- tion shall be given in such trades as may be best suited to render the pupils self-sustaining citizens. SEC. 219. [Control In Whom Vested.] The general con- trol or said institution shall be vested in a board of trustees, to be composed of the Governor of the State, who shall be ex-officio president of the board, the superintendent of the institution, and five members, to be appointed by the Governor, by and with the advice and consent of the Senate. Said board is hereby declared to be a body politic and corporate in deed and in law, and shall have full power to sue and be sued, to make contracts, and to acquire and hold, by purchase or donation, any real or personal estate, as may be necessary for the uses of said institution. The domicile of said corporation is established at Baton Eouge, and the vice-president of the board shall be the officer upon whom all legal process shall be served to bind said board. SEC. 220. [Officers.] The first meeting of the board of trus- tees shall be held at such time and place as may be fixed by the Governor, and they shall, at said meeting, elect a superintendent for the institution, a vice-president of the board, a treasurer, and such other officers as may be necessary for the proper organiza- tion and management of the institution. SEC. 221. [Duties of the Superintendent] The superin- tendent shall have charge and management of the institution ; he shall reside in the institution, and receive such salary and per- form such duties as may be determined by the board. SEC. 222. [Duties of the Treasurer.] The treasurer shall give bond in such sum as the board of trustees may determine., STATE SCHOOLS. 89 with security to the satisfaction of the vice-president. He shall receive from the State Treasurer the appropriation made from time to time by the Legislature for the support of the institution y upon his warrant, countersigned by the Governor. He shall pay out the same upon the order of the superintendent of the institu- tion, countersigned by the vice-president. He shall receive such salary as may be determined by the board, aad both he and the superintendent may be removed by the board for any good cause. SEC. 223. [Quorum and Rules of the Board.] The board of trustees shall have the power to make all needful rules and regu- lations for the government of said institution, and three members shall constitute a quorum for the transaction of business. In the absence of the president the vice-president shall act as president of the board. SEC. 224. [Expenses of Trustees How Paid.] The expenses of the members of the board of trustees, incurred in attending the meetings of the board, shall be paid out of the funds of the institution. THE SOUTHERN UNIVERSITY. (For Persons of Color.} SEC. 225. [Establishment.] There shall be established in, the city of New Orleans a university for the education of persons of color, to be named and entitled the " Southern University." SEC. 226. [Board of Trustees.] The said university shall be governed and directed by a board of trustees, to be composed of twelve members, who shall be appointed by the Governor by and with the advice and consent of the Senate; provided, that at least four of said board of twelve shall be appointed from the colored race ; vacancies shall be filled in a similar manner. The members of the board shall be appointed to serve during four years, but any member failing to attend two successive regular meetings of the board shall, except in case of sickness or other good cause, be considered no longer a member of said board, and the Governor, on receiving official notice of such absence from 90 STATE SCHOOLS. the president of the board, whose duty it shall be to report the same, shall immediately fill the vacancy in the manner prescribed. SEC. 227. [Quorum.] Six members of said board, at a stated or regularly called session, shall constitute a quorum. SEC. 228. [Officers of the Board How Elected, Duties,] The said board of trustees shall be empowered to elect from .among their own members a president and vice-president of the board, a secretary and treasurer 5 the treasurer shall give bond in the sum of ten thousand dollars for the faithful perform- ance of his duties, and shall pay out money only upon warrants issued by the president of the board, countersigned by the presi- dent of the faculty ; provided, that the treasurer shall not be a professor or other officer or employe of the university, and shall not be interested, directly or indirectly, in any contract for fur- nishing supplies or articles of any kind to the university ; pro- vided further, that at the discretion of the board the two offices of secretary and treasurer may be combined in one person. SEC. 229. [Rules and Regulations ; Faculty.] The said board of trustees shall be empowered to enact general rules and by-laws for the said university in all its departments, and to elect a president of the faculty, professors and teachers, and determine their compensation ; also, all officers and employes that may be necessary, and prescribe their duties and compensation. SEC. 230. [Powers of the Board of Trustees.] The said de- partment shall be organized as a corporation under the general laws of the State of Louisiana, and the trustees thereof shall be capable in law to receive all donations, trusts and bequests made to the " Southern University," and manage the same, to sue and be sued in courts of justice, and to do all other acts in the prem- ises incident to such trustees. SEC. 231. [Faculty, Degrees, Departments, and Courses.] There shall be established by said board of trustees a faculty of arts and letters, which .shall be competent to instruct in every branch of a liberal education, and under rules of, and in concur- rence with, the board of trustees, to graduate students and grant STATE SCHOOLS. 91 all degrees appertaining to letters and arts known to universities and colleges in Europe and America, on persons competent and deserving the same. There may also be established by said board of trustees a department of law and medicine. The department of law shall consist of three (3) or more learned professors, learned and skilled in the practice of law in this State, who shall be required to a full course of lectures on international, constitutional, com- mercial and municipal or civil law and instruction in the practice thereof. The medical department of the university shall consist of not less than three professors. They shall be appointed by the board of trustees from regular practicing physicians of the State. The degree of bachelor of law and doctor of medicine, granted by them, shall authorize the person upon whom it is conferred to practice physic and surgery in this State. IX. TULANE UNIVERSITY OF LOUISIANA. Act No. 43 0/1884 and Amendment to the Constitution. 232. (1) Board of Administrators. 233. (2) Rights, powers, privileges, franchises and immunities of Laws Governing the "University of Lou- isiana '' Applicable to the Tulane University of Louisiana. the board. 239. [ 1352, R. &] Corporate pow- 234. (3) Power to hold an down prop- ers o f the board of administra- erty, real and personal. tors. 235. (4) Name of the university to be m ^ 1358 ^ /8f . ] _ De p ar tment8 of the Tulane University of Lou- ^ Univerait isiana of Louisiana its pow- ers, privileges, immunities and 241 t 1354 ' B - S.]-Powers of the franchises. board of administrators. 236. (5) Exemption from taxation. 237. (6) Transfer of rights, powers, etc., from the University of Louisiana to the Administra- 242. [_S. 1358, E. .] By-laws and regulations. 243. [S. 1359, R. S.~\ Literary honors and degrees. tors of the Tulane Education i 244. \_S 1368, B. S.] Transfer of Fund; Scholarships property. 238. (7) The act declared to be a con- | 245. [S. 1369, R. S.] Law depart- tract between the State and ment. the Administrators of the Tu- lane Education Fund. 246. IS. 1370, R. S.-} Medical depart- ment. 02 . STATE SCHOOLS. TULANE UNIVEKSITY.* Amendment to the Constitution. SEC. 232. [Board of Administrators.] The board of admin- istrators of the University of Louisiana shall hereafter, instead of the board appointed as provided by section thirteen hundred and fifty-one (1351) of the Revised Statutes, consist of the seventeen administrators of the "Tulane Education Fund," with power, perpetually, to fill any vacancy in their number; provided, that the said board shall, on the passage of this statute, recognize by formal notarial act the Governor of the State, the Superintendent of Public Education, and the Mayor oi the city of New Orleans r as ex-officio members of said board. SEC. 233. [Rights, Powers, Franchises and Privileges of the Board.] The board of administrators of the Tulane Education Fund, as administrators of the University of Louisiana shall have all the rights, powers, privileges, franchises, and immuni- ties, now vested in the board of administrators of the University *TULANE UNIVERSITY. The University is not introduced into this compilation in the sense of a completely free school, yet the genei-iil benefits extended by its scholarship system, its agreement with the State and its relation to the 'University of Louisiana" place 'it in the catalogue i.f public institutions The school was founded upon an endowment of the late Paul Tulane, and was established by Act No. 43 of 1884, which was ratifimt bv a constitutional amendment April 17th, 1888. The following preamble, quoted from the above act, will explain the conditions upon which the "University of Louisiana" was changed into the Tulane University: " Whereas, Paul Tnl-me, Esq., formerly a resident of this State, and now of Princeton, New Jersey, with the beneficent purpose of fostering higher education in thi- State dL , in May. 1882, express to certain citizens of this State his intention to donate for such purposes valuable real estate to him belonging, situated in the city of New Or'eans; and 1 Whereas. The citizens to whom the intentions of Paul Tulane Esq., were expressed, did, by act, before Chas. G. Andry, a notary public in the city of New Orleans, organize them- selv. s into a coiporation under the name of the 'Administrators of the Tulane Education Fund,' with the objects and purposes specified in saH act of incorporation ; and, "Whereaa, Since the formation of said corporation, Paul Tulane. Esq., in the execution of his previously expressed intentions, has donated to said administrators of the 'Tulane Educa- tion Fund' nearly one mil ion dollars, the revenues whereof are to be used for the promotion and encouragement of inte lectual moral and industrial education, and has expressed his intention to largely in< rease said donation should this act be adopted ; and, "Whereas, The said board of administrators of the Tulane Education Fund,' in order to- make their work fruitful in results, have expressed their desire to take charge of the Univer- sity of Louisiana, in the city of New Orleans, and to devote the revenues of the property now- owned, or hereafter to be owned, by said board, to its expansion and development; and upon the adoption of a constitutional amendment to that end, to apply all the revenues of property now owned, or hereafter to be acquired by them to the cieatiou and development in the city of New Orleans of a great University, whereby the blessings of higher education, intellectual, moral and industrial, may be given to the youth of this State ; and, "Whereas, Under the terms of this action, as proposed by said board, the property of said board and the revenues thereof, will not be used for purposes of private or corporate income or profit, but will be exclusively dedicated to school r urposes, and tj the service f the State in maintaining and developing the University of Louisiana, an institution recognized in the Con- stitution, therefore entitling the property of said board to exemption from all taxation both State, parochial and municipal ; therefore, "Be it enacted,'' ect. STATE SCHOOLS. 93 of Louisiana by existing laws. They shall further have full direction, control, and administration of the University of Lou- isiana, now established in the city of New Orleans, in all its departments, as also of all the property belonging to the State of Louisiana, and now dedicated to or used by the University of Louisiann, as well as all property controlled or used by the said University of Louisiana, and for the purposes thereof, and the "board of administrators of the University of Louisiana are hereby empowered and directed to turn over to the board of adminis- trators of the " Tulane Education Fund" all the property, rights, books, papers and archives now under their administration or control ; provided, that if the custody of the State library should be transferred to the Tulane University of Louisiana, as herein established by the consolidation of the University of Louisiana at New Orleans with the board of administrators of the " Tulane Education Fund," as herein provided for, through the University of Louisiana, at New Orleans, as it now exists, or otherwise, it shall be on the express condition and agreement that the State of Louisiana may resume the custody and control of said State library, whenever it may bt deemed advisable; and provided further, that after the establishment of the "Tulane University of Louisiana," as herein provided for, and after the transfer of the custody of the State library thereto, as aforesaid, if the cus- tody thereof shall be transferred to the " Tulane University of Louisiana," as herein established, then and in that event, the State of Louisiana shall be relieved of and released from all obligations to pay the salary or the compensation of the State librarian or his assistants, as is now or may hereafter be fixed by law, during the period said State library may remain in the custody of the said "Tulane University of Louisiana ;" but that during sai f period the salary or compensation of said State librarian shall be paid by the "Tulane University of Louisiana. 77 An inventory shall be made of all the property, movable and immovable, belonging to the University of Louisiana, and trans- ferred by this act to the control and administration of the admin- istrators of the " Tulane Education Fund," by two appraisers to 94 STATE SCHOOLS. be appointed for that purpose by the Governor of the State and sworn, which appraisement shall be filed in the office of the Secre- tary of State, as evidencing the description and appraised value of the property so transferred, and also in order that the liability of the said administrators of the " Tulane Education F.und " may not be extended beyond a return of the property so transferred,, in any contingency ; provided further, that the property, so trans- ferred, may not be sold or disposed of except under legislative sanction ; provided further, that if the "Tulane University of Lou- isiana" as herein established, should cease to use the property, and exercise the privileges, franchises and immunities, now under the control and administration of, and enjoyed by the University of Louisiana, as now constituted and transferred by this act, for the exclusive purposes intended by this act, then and in that event the State of Louisiana shall have the right to resume the custody, control, and administration of said property, and the exercise of said privileges, franchises and immunities. SEC. 234. [Power to Own Property, Real and Personal.] The said board of administrators of the "Tuiaue Education Fund " shall perpetually as administrators of the University of Louisiana as abo^e provided, have full and complete control of all the property and rights, and now vested in the University of Louisiana. The said board shall have the powers above pro- vided in addition to those conferred by its charter, by act passed betore Chas. G. Andry, notary public, in the city of New Orleans, on the 29th day of May, A. D., 1882, including the power to hold and own all real and personal property, now to said board belonging, or hereafter to be by it acquired, during its corporate existence, for the purposes and objects of its being, or the reve- nues whereof are to. be solely applicable to such purposes. SEC. 135. [Name: the Tulane University of Louisiana.] In honor of Paul Tulane and in recognition of his beneficent gifts and of their dedication of their purposes expressed in this act, the name of the University of Louisiana be, and the same is hereby changed to that of the u Tulane University of Louisiana,"" STATE SCHOOLS. 95 under which name it shall possess all the powers, privileges, immunities and franchises, now vested in said University of Louisiana, as well as such powers as may flow from this act or may be vested in said board, under the term of this act, from the adoption of the constitutional amendment hereafter referred to. The purpose of this act, being, to invest the board of admin- istrators of the "Tulane Education Fund" with all the rights now vested m the University of Louisiana ; to give said board moreover complete control of said university in all its depart- ments, and in evrry respect, with all powers necessary or inci- dental to the exercise of said control. To enable said board, besides the powers designated by this act, to have irrevocably upon the adoption of said constitutional amendment, full power with the rights hereby conferred to create and develop a great university in the city of New Orleans to be named as aforesaid j said university to be established by the said board of adminis- trators of the "Tulane Education Fund," to be dedicated to the intellectual, moral and industrial education of the youth of the State, in accordance with the charter of said board of adminis- trators of the Tulane Education Fund. SEC. 236. [Exemption from Taxation.] in consideration of the agreement of said board to develop and maintain the Uiii- sity of Louisiana, and thereby dedicate its revenues not to purposes of private or corporate income or profit, but to the public purposes of developing and maintaining the Uni- versity of Louisiana, all the property of the said board, present and future, be and the same is hereby recognized as exempt from all taxation, State, parochial and munici- pal; this exemption to remain in force as long as the reve- nues of the said board are directed to the maintenance of the University of Louisiana, as aforesaid, or until said consti- tutional amendment be adopted. The adoption of said amend- ment shall operate such exemption in consideration of the said board expending their revenues as aforesaid, or creating, main- taining and- developing a great university in the city of New Orleans; provided, that the property exempted from taxation 96 STATE SCHOOLS. by this act shall not exceed in value ftve millions of dollars, invested in real estate not otherwise exempted, which said value shall be determined in the mode required by law for the assess- ment and valuation of property subject to taxation, it being the true meaning and intent hereof, that all the property of the Tulaiie University of Louisiana, of whatsoever character, shall be exempted from taxation, State, parochial and municipal, except the excess of real estate belonging thereto, over and above the value of five million dollars, as above stated. SEC 237. [Scholarships to be Granted.] In consideration of the vesting of the administration of the University of Lou- isiana "in the said administrators of the "Tulane Education Fund," of the transfer of the rights, posvers, privileges, fran- chises and immunities of the said university to said administra- tors and of the exemption from all taxation as herein above pro- vided, the said administrators hereby agree and bind themselves, with the revenues and income of the property heretofore given them by Paul Tulane, Esq., as well as from the revenues of all other property, real, personal, or mixed,' hereafter to be held, owned or controlled by them, for the purposes of education, to develop, foster, and maintain, to t e best of their ability and judgment, the University of Louisiana, hereafter to be known as the " Tulane University of Louisiana," and upon the adoption of the constitutional amendment aforesaid, to perpetually use the powers conferred by this act, and all power vested in them, for the purpose of creating and maintaining in the city of New Orleans a great university, devoted to the intellectual, moral and industrial education and advancement of the youth of this State, under the terms of the donation of Paul Tulane, and the previous provisions of this act. The said board further agree and bind themselves to waive all legal claim upon the State of Louisiana for any appropriation, as provided in the Constitution of this State, in favor ot the University ot Louisiana. Besides the waiver of the claim, as aforesaid, as an additional considera- tion between the parties of this act. the said board agrees to give continuously, in the academic department, free tuition to one STATE SCHOOLS. 97 student from each senatorial and from each representative dis- trict or parish, to be nominated by its member in the General As- sembly from among the bonafide citizens and residents of his dis- trict or parish, who shall comply with the requirements for admis- sion established by said board. The meaning of this provision being that each member of the General Assembly, whether senator -or representative, shall have the right of appointing one student, in accordance with the foregoing provisions. The free tuition herein provided for shall contiuue until each student has grad- uated from the academic department, unless his scholarship has ceased from other causes. Whenever a scholarship becomes vacant, from any cause, the senator or representative who ap- pointed the previous student, or his successor, shall, in the manner prescribed by this section, immediately name a successor. SEC. 238. [Contract Between the State and the University.] This act, in all its provisions be and the same is hereby declared to be a contract between the State of Louisiana and the admin- istrators of the "Tiilaiie Education Fund," irrevocably vesting the said administrators of the u Tulaue Education Fund" with the powers, franchises, rights, immunities and exemptions herein enumerated and hereby granted, and irrevocably binding said administrators to develop, foster, and maintain as above pro- vided, the University as aforesaid in the city of New Orleans, subject to and according with the terms of this act.* Laws Transferred from the University of Louisiana to the Tulane University of Louisiana. SEC. 239. [Corporate Powers of the Board of Administrators.] The administrators and their successors shall be and for- ever remain a body politic and corporate and shall have perpetual succession, and shall be able in law to sue and be sued, implead and be impleaded, answer and be answered *The two sections succeeding this section in the Act 43 of 1884, waich are sections 8 and 9, are hereby o.uitted, as their provisions are only temporary. The first prescribed that the act, without doubting the validity of thlaw, was to he submitted to the people for constitutional ratification ; and 'the second ma:le the act effective pending the constitutional election. Seo- tiom 10, 11 an:t 12 prondinj tor election aul containing repealing clauses are also omitted. 98 STATE SCHOOLS. uiito, defend and be defended in all courts and places what- soever : and may have a common seal, and may change and alter the same at their pleasure: and shall also be able in law to take by purchase, gift, grant, devise and donation, inter tiros and mortis causa, made by individuals and corporations, within this ~e or elsewhere, and to hold any real or personal estate what- ever. They and their successors shall have power to grant, bar- gain, sell, lease, demise or otherwise dispose of (except by mort- gage) all or any part of the real or personal estate, as to them shall seem best for the interests of the University, excepting the buildings of the University, the library, apparatus and scientific collections, which shall only be conveyed after the consent of the Legislature is first obtained. Xo mortgage shall ever be given on any of the property of the University, unless specially authorized by law for any specific purpose. SEC. 240. [Departments of the University.] The University shall be composed of the following departments or laculties, to- wit: Law. Medicine, the Natural Sciences. Letters and College proper, or Academical department : all of which, as the resources of the University increase, shall be completed and the adminis- trators, excepting the Medical department, which shall be com- posed of and formed by the Medical College of Louisiana, as at present organized and established by law ; which said depart- ment, as hereafter provided for, shall be engrafted on the Univer- sity, and be conducted as hereafter directed. SEC. 241. [Powers of the Board of Administrators.] The administrators shall have the power to direct and prescribe the course of study and the discipline to be observed in the Univer- sity; to appoint by ballot, or otherwise, the president of the Umiversity. who shall hold his office at the pleasure of the boaid and perform the duties of a professor ; to appoint professors, tutors and ushers to assist in the government and instruction of the students, and such other officers as they may deem necessary, they being removable at the pleasure of the board. They shall fix the salaries of the president, professors and tutors, in the STATE SCHOOL*. Cft Academical department, and fill vacancies in the professorships. Vacancies in the Law or Medical department shall be filled from persons first recommended to the administrators by the faculty of the department In which a vacancy may happen. Xo pro- fessor, tutor, or other assistant officer shall be an administrator of the University. SEC. 242. [By-Laws and Regulations.] They shall have power to make all ordinances and by-laws which to them shall seem expedient for carrying into eft'ect the design contemplated by the establishment of this University, not inconsistent with the Constitution of the United States and of this State, nor with the provisions of their charter. They shall not make the religion* tenets of any person a condition of the admission to any privi- lege or office in the University, nor shall any course of religions instruction be taught or allowed of a sectarian character and tendency. SEC. 243. | Literary Honors and Degrees.] They shall have the right of conferring under their common seal, on any person whom they may think worthy thereof, all literary honors and degrees known and usually granted by any university or college in the United States or elsewhere. The degree of Bachelor of Law, and Doctor of Medicine, granted by them, shall authorize the person on whom it is conferred to practice law, physic and surgery in this State. SEC. 244. [Transfer of Property.] All of the real and personal estate whatsoever belonging to the Medical College of Louisiana, is hereby transferred to and vested in the University o'f Lou- isiana ; provided, the administrators of the University appro- priate the sum which the real and personal estate of the Medical College cost to the purchase of philosophical and chemical appa- ratus for the use of the college, and the Medical College, as it is now organized, is herein and hereby incorporated with and made a part of the University of Louisiana, and shall constitute the only medical department of the University. The professors now filling the chairs in that school shall constitute the medical 100 STATE SCHOOLS. faculty of the department of medicine of the University, and fill the same chairs in the University now filled by them in the Medical School of. Louisiana, and hereafter be under the govern- ment of the board of administrators of the University. The requisites for admission, the examination of candidates for their degrees in the medical and law departments, the management of pecuniary concerns, the salaries of the professors, the tuition and the terms of admission, shall be under the exclusive control of the faculty of the departments respectively. SEC. 245. [Department of Law.] The department of law liall consist of three or more professors, who shall be required to give a full course of lectures on international, constitutional, maritime, commercial and municipal or civil law, and instruc- tion in the practice thereof. SEC. 246. [Access of the Medical Department to the Charity Hospital.] The medical department of the University shall at all times have free access to the Charity Hospital of New Orleans, for the purpose of affording their students practical illustrations of the subjects they teach. INDEX, AGRICULTURAL AND MECHANICAL COLLEGE, STATE UNIVERSITY AND, Constitutional provisions 7-J Legislative enactments 71 BLIND, INSTITUTE FOR THE 85 CITY SCHOOLS. School board 5$ Services of directors without compensation, superintendent 6t> Taxes prior to 1880, judgments, board of liquidation 61 Treasurer . . 62 Expenses, report of the board . . ... 83 Proper evidences of claims 64 COLORED UNIVERSITY. Constitutional clause . . . 7 Southern University 89' CONSTITUTIONAL PROVISIONS * DEAF AND DUMB, INSTITUTION FOR THE 87 DEBT. Evidences of debt non-negotiable 13 Limit of contract obligations 15 DECISIONS AND APPEALS. Appeal of removed superintendent 12 Decisions by the State Superintendent 22" DONATIONS 5O ENUMERATION OF EDUCABLE YOUTH. Parish superintendent's duty in relation thereto 24 Assessor's duty 25* EXAMINATIONS. Competitive 3 Fee, duties of examiners 34 Certificate, requirements 35> Exception in regard to certain graduates 26 102 INDEX. EXEMPTION. Schools from taxation 4 Officers from jury duty 18 EXPROPRIATIONS OF LAND 16 FRENCH LANGUAGE. Constitutional provisions 6 Legislative enactment 53 FUNDS, SCHOOL. Sectarian schools cannot receive 6 Of what they shall consist 6 Free school, seminary, agricultural and mechanical 8 Transfer of, disbursement 27 Apportionment of 38 HYGIENE AND TEMPERANCE. Shall be taught in the public schools 53 INDUSTRIAL COLLEGE, STATE. Establishment and rules , 69 INSTITUTES. Attendance obligatory, penalty for superintendent's absence, parish institutes 29 Members, managers, fund 30 Orleans excepted, reports, State institutes, conductor 31. Assistant lecturers, notification to teachers 32 Penalty for teacher's absence, leave of absence from schools, com- pensation, certificate, report 33 LOUISIANA STATE UNIVERSITY 71 LAND FOR SCHOOL HOUSE SITES. Expropriations 16 Sale by the Land Register 17 NORMAL SCHOOLS. State Normal School 66 OATH OF OFFICE .. 12 PARISH OFFICERS. Terms of office, removal 12 PARISH SUPERINTENDENT. Qualifications, salary, visits 23 Additional Compensation, teachers, enumeration of youth '. ..... 24 Annual report, custody of papers 25 Oaths he may administer, office days 26 Penalty for absence from institute 29 INDEX. 103 REVENUE. Apportionment of current school fund 38 Police jury and municipal tax, bonds and fines 39 Special tax 40 Poll tax 40 Sale of sixteenth section lands, election 43 Survey, order of the Auditor . 44 Unhabitable lands, sale 45 Treasurer's commission, lease, proceeds 46 Annulling sales, collection of notes 47 Attorney's compensation 48 Capital due the several townships, trespass 49 Donations : authorised, conditions, trustees 50 Trustees, fidei conmiissse, of town charters 51 Prescription of debts 52 :SCHOOL BOARD, PARISH. Body corporate 12 Evidence of debt non-negotiable, exempt from furnishing bonds in suits, attorney, duties and authority 13 Debts, duties of president and secretary, reports 15 Expropriation of land for school house sites 16 School districts , . . 18 SCHOOLS. Graded and high schools 52 Branches to be taught, hygiene and temperance 53 Text books, sectarian schools, days of rest 54 (See also CITY SCHOOLS.) SIXTEENTH SECTIONS (See REVENUE). STATE BOARD OF EDUCATION Of whom composed 10 Time of meeting, may require reports, duties and powers 11 STATE INSTITUTIONS. State Normal School 66 State Industrial College at Ruston (59 Louisiana State University and Agricultural and Mechanical College 71 Institute for the Blind 85 Institute for the Deaf and Dumb 87 Southern University (for Colored Persons) 89 Tulane University of Louisiana 92 104 INDEX. STATE SUPERINTENDENT OF PUBLIC EDUCATION. Office, salary, duties, expenses % . . 20' Biennial report, suggestions for Deaf and Dumb Institute 21 Copies of records admissible in evidence, reports 22 Decisions and appeals 22' SUITS. Exemption from furnishing bond, school board, attorney 13 TAX (See REVENUE). TEACHERS. Parish and State Teachers' Institutes 29* Examination and certificates of proficiency 33 Accountability of pupils to teachers 36 TEXT BOOKS. State Board of Education to adopt 11 Hygiene and Temperance 54 WOMEN ELIGIBLE TO SCHOOL OFFICES. Constitutional clause 8- Same declared operative by legislative enactment 12: SYLLABI OF IMPORTANT SCHOOL DECISIONS OF THE SUPREME COURT. CERTIFICATES OF INDEBTEDNESS. The board of directors for the Public Schools of New Or- leans have the control of school funds placed to their charge for the maintenance of the schools. It devolves upon this board to compel corporations to comply with their ordinances levying taxes for the schools, if they fail to comply with their obligation in this respect. The board of directors have authority to stand in judgment j. to institute or defend suits. The creditor of the school board has no right of action against the city of New Orleans to compel the city to recognize the validity of his claim. . School certificates of indebtedness issued by the board of directors of the Public Schools for the years 1874, 1875 and 1876 r are not debts of the city of New Orleans, and actions for the pur- pose of having them recognized as valid claims can be maintained against the School Board, as it is authorized to pass on the validity of the evidence of indebtedness of every one who alleges that he is a creditor. The city of New .Orleans turns over amounts collected for schools to the treasurer of the School Board. This officer notes the taxes of different years and applies the amount to the pay- ment of certificates from the taxes of these years from which the creditors are entitled to payment. Fisher et al. vs. /School Directors, 184, 44 Ann. 106 APPENDIX IMPORTANT SCHOOL DECISIONS. DEBTS OF DEFUNCT INSTITUTIONS. The president of the board of supervisors of the Louisiana State University and Agricultural and Mechanical College can- not be compelled to warrant on any fund to pay a debt of either of the two former corporations, known respectively as "the Louisiana State University" and "the Agricultural and Me- chanical College." 31 Ann., 711, State ex rel. Schorten, Agent, vs. President Board of (Supervisors. A mere stated account between the superintendent of the Louisiana State University and Agricultural and Mechanical College, and one of the professors employed in that institution, signed by the superintendent, is not such conclusive proof of the amount due the professor as would enable the latter to man- damus the president of the board of supervisors of the institution to warrant for the amount, even if the president was authorized to draw such a warrant. Ib. EX CONTRACTU OBLIGATION. The obligation of the Treasurer of the School Board of Union parish to account tor funds received by him, is ex contracts and fiduciary in its character, and is only barred by the pre- scription of ten years. 32 Ann., 793, Board of School Directors of Union Parish vs. J. E. Trimble. FREE SCHCOL BONDS. The sale of bonds constituting a part of the " free school fund," made in virtue of Act No. 81 of 1872, was utterly null and void, and conferred no title on the purchaser, and no future assignee or the purchaser, who took the bonds in good faith, for value, and before their maturity, could acquire a title to them. Bonds that are a part of the assets of the "free school fund " are consigned by law to the custody of the Secretary of State and Auditor of Public Accounts, and those officers have a right to claim their possession in whatever hands they may be found. And this right is not aifected by the prescription of APPENDIX IMPORTANT SCHOOL DECISIONS. 107 three years.-^-31 Ann., 1~5, Sun Mutual Insurance Company vs. Board of Liquidation, (Secretary of State and Auditor, Intervenors. LIMITATION OF CONTRACT. The teachers of the public schools of New Orleans cannot, under the law, be appointed for a longer term than one year. 34 Ann., 354, F. A. Golden vs. Board of Public School Directors of Neiv Orleans. EECOVERY OF FUNDS. Where a mistake has been made by the State Treasurer in announcing to the State Superintendent of Public Education the amount of funds for apportionment among the educable children of the State, but before the apportionment could be cancelled the school directors of Orleans had received their quota under it, when the true sum has been ascertained and announced to the superintendent, and a revised apportionment is to be made, it is prop'er that the superintendent should take into account, when apportioning to Orleans, the sum already improperly paid to her under the mistake, and which payment has been made in consequence of that mistake. 36 Ann., 241, The State ex rel. Board of School Directors, etc., vs. E. H. Fay, Superintendent, etc. A school board organized according to law has a right to stand in court to claim from another school board likewise con- stituted, school funds which should have been paid to it by the State authorities and which were illegally paid out to the latter. A receipt therefor would exonerate the debtor board. If the funds are not in kind in. the possession of said board, but can be traced to property in which they have been invested by such board, the property itself can be recovered in place of the funds which it represents. An action to recover under such circumstances is not barred by the prescription of five years or less. 36 Ann., 806, School JSoard vs. School Board. 108 APPENDIX IMPORTANT SCHOOL DECISIONS. SALE OF WARRANTS. Under the authority of the Board of School Directors of a parish, the treasurer of the board may make a valid sale of the- warrants of the State which represent that portion of the inte; est on the free school fund due to said parish. 31 Ann., 158, Board of School Directors of Concordia Parish vs. Hernandez. SCHOOL LAND, TENDER, ETC. The residents and alleged tax payers in a township in whom is vested the title of the sixteenth section for the maintenance of the schools, have the right to invoke an interposition of the court to annul the sale of this section, Tender as a prerequisite to the suit cannot be required^ The price was not received by the plaintiffs. No title passed to the adjudicatee of the property. The amount should be returned by the authority by which it was received. In the meantime plaintiffs can prosecute their suit to have the sale annulled. The general government donated the sixteenth sections to- the townships and authorized their sale, with the consent of the inhabitants residing within their respective limits. The legis- lative department of the State in compliance with the conditions of the grant, adopted laws requiring elections to be held to ascer- tain the will of the majority of their voters residing within the townships and providing certain prerequisites for the sale. Art election not having been held in the township, the return of the- election not being sustained at all, the adjudication made was null. The sixteenth section offered for sale should bring its ap- praised value, which may not be less than $1.25 per acre. 44 Ann., 365, Telle et al. vs. School Board et al. SURETYSHIP. Where the sureties on a five-thousand-dollar bond are- jointly sued for an amount aggregating two thousand dollars, this court will have jurisdiction, although the demand against APPENDIX IMPORTANT SCHOOL DECISIONS. 109 -each surety is less than $500. 31 Ann., 297, Stale ex rel. School Board, Parish of tit. Tammany vs. Cousin et al. Where the plaintiff who sues the sureties on an official bond alleges the hopeless insolvency of the principal, the sureties will not deprive themselves of the right of discussion, to tfhich they are entitled uader the law, by pleadi ig an exception that admits the truth of the averment of insolvency. Ib. When the principal and sureties on an official bond are sued together, the judgment is res adjudicata as to the sureties, and within the limit of the amounts for which they are held under the terms of their bond, they are bound to make good the entire judgment against the principal, including the penalty. 40 Ann., 705, Eastin if* Breaux vs. Board of School Directors. TAXATION. The word " may" found in Section 54 of Act No. 81 of 1888, does not mean shall. Traced back, through the last sentence of Article 339 of the Constitution to Act No. 23, Section 28 of 1877, which the framers of that instrument intended to continue in force in that respect, it simply means are authorized. The Constitution merely directed that the Legisliture "snail provide that every parish may levy a tax,"- which means is authorized or empowered. Any legislation seeming to impose upon police juries the duty or obligation of levying the tax would transcend the dele- gated authority and-so be unconstitutional and barren in etfect. Police juries are therefore clothed by law with the discre- tionary or optional power of levying or not, as their wisdom may see fit and proper, the tax iii question for school purposes. In case of failure to collect the tax, no mandamus can issue to compel the levy. 40 Ann., 755, State ex rel. School Directors vs. Police Jury. TAXATION. A municipal corporation, sued under an enactment deemed by it to be unconstitutional, the object of which is to compel it 110 APPENDIX IMPORTANT SCHOOL DECISIONS. to increase an appropriation from its alimony, has a right to plead the unconstitutionally of the act and to have the conten- tion determined by the courts. It cannot be called upon to show cause why a relief sought against it should not be granted and when it appears, in response, be met with the objection, that it has no standing in court and cannot be heard. In such case, the courts will not refuse to listen to the defence 5 but will inquire and pass upon its merits. The supremacy of a legislature over a city is not so absolute that it cannot be restrained by the organic law. Limitations imposed by the Constitution upon its powers cannot be over- leaped. The system of free schools in Louisiana is a State institution, for the establishment, maintenance and support of which the State is required to provide by taxation, or otherwise. As a ri-le, the taxing powers may be exercised by the Gen- eral Assembly for State purposes only, and by parish and mu- nicipal corporations, under authority granted them by the Legis- lature, for parish and municipal purposes alone; but, under express sanction of the Constitution, the General Assembly "may" authorize parishes to levy a tax tor the public schools therein, not exceeding the. State tax and, with other parish taxes, not exceeding the limits of parish taxation, fixed by the Constitution. The Legislature cannot force a parish to levy a tax for school purposes. It may authorize it to do so, and when it has done so, and the parish undertakes to raise it, the constitution ill limits must be observed. To be valid, the levy of such a tax must find its authority in the organic law. The legislature has therefore no authority to- compel the city of STew Orleans, which is the parish of Orleans, to make an appropriation to stand in place of the amount which a school tax, if specially levied, would have realized. APPENDIX IMPORTANT SCHOOL DECISIONS. Ill The Legislature cannot transgress its powers, or invade those which are secured by. the Constitution to the city of Xew Orleans. It can not do indirectly that which it is incompetent to do directly. Although the first part of Section 71 of Act 81 of 1888, may be constitutional, the provisos which follow it and which require the city of Kew Orleans to appropriate no less than $250,000, for school purposes, are unconstitutional. They are, therefore, deemed unwritten and not binding on the city. 42, Ann., 92 r btate ex rel. School Board vs. City of New Orleans. ises. THE STATE BOARD OF EDUCATION EX-OFFICIO MEMBERS. GOVERNOR MURPHY J. FOSTER, President. M. J. CUNNINGHAM, Attorney General. A. D. LAFARGUE, State Superintendent of Public Education and Secretary. REPRESENTATIVE MEMBERS. PROF. ALCEE FORTIER, Tulane University, New Orleans, First Con- gressional District. REV. MAX HELLER, 242 Jackson Street, New Orleans, Second Congres- sional District. WILLIAM CLEGG, Lafayette, Third Congressional District. FREDERIC SEIP, Alexandria, Fourth Congressional District. FRANKLIN GARRETT, Monroe, Fifth Congressional District. THOMAS OVERTON, Marksville, Sixth Congressional District. RKSOLUTION Passed by the State Board of Education on the 19th day of October, 1894. Resolved, That the Secretary of this board is hereby directed to prepare a Compilation of School Laws, and to codify all enact- ments now in effect in such manner as to serve the convenience of school officers as a book of legal reference, and he is author- ized to add such annotations and appendices as he may deem proper in interpreting the law. 8 ADOPTED BY THE STATE BOARD OF EDUCATION KULE I. The elementary schools in cities and towns shall contain at least six grades, viz : first, second, third (and possi- bly fourth), primary and first and second Grammar Departments ; but such changes may be made by the local board as the condi- tion of the locality may require. RULE II. In the primary departments there shall be taught: spelliDg, reading, phonetics, writing, geography, arithmetic and object lessons. In the Grammar Departments, thorough instruction shall be given if the derivation of words, dictation, reading, writing, arithmetic, grammar, geography, history, elocution, composition, declamation, the natural sciences, and when possible, vocal and instrumental music ; also drawing. It is recommended that the French language be taught in those localities, where the French population predominates, provided, the expenses of the school are not increased. RULE III. The High School, or Central School, shall con- tinue the instruction of such youths as can pursue such studies as will best prepare them for admission to the Normal Schools, or to the freshman class of Tulane University and the freshman class of the Louisiana State University and A. and M. College. RULE IY. The Normal Schools shall have for their object the professional training of young men and women as teachers for the common schools of the State, and to thereby improve the standard of the public schools. RULES AND REGULATIONS. 115 SCHOOL SESSIONS. RULE V. The scholastic year shall be deemed to commence on the second Monday of September of each year. RULU VI. The daily sessions shall not be less than five hours. EXAMINATIONS. EULE VII. A public examination shall be held at least once each year. All the classes in the High Schools and Normal Schools shall be examined in writing in each branch of study when it is completed. VACATIONS AND HOLIDAYS, RULE VIII. The schools shalls be closed on Saturdays and Sundays, and on such other days as may be directed by the Parish Boards. TEACHERS. RULE IX. Teachers shall be at their respective rooms at least fifteen minutes before the hour of opening each session, and shall, in their daily registers, to be kept by the Principal, record the names and the time of arrival of each teacher,- and any teacher not complying, shall be reported to the local super- intendent, for such action as he may see proper under the laws, rules and regulations. The teachers shall remain on the school grounds, or in the premises, and exercise supervision over the pupils during each recess or intermission. RULE X. The jurisdiction and authority of the teacher over the pupils shall not be limited to the school house or enclo- sures nor to the actual session of the school. Generally in mat- tars connected with the schools and the manners and morals of the scholars, his authority, with that of the parent, commences when pupils leave the parental roof and control, to go to school, and shall continue until their return from school. The teacher, however, shall not be responsible for the misc >nduct of pupils on the way to and from school, though he shall have the right to punish for misconduct when brought to his knowledge. 116 RULES AND- REGULATIONS. RULE XI. The teachers shall bestow equal and impartial attention on' all their pupils. EULE XII. It shall be their duty to practice such discipline in their schools as would be exercised by a kind and judicious parent in his family, always firm and vigilant but prudent. They shall endeavor on all proper occasions, to impress upon the minds of their pupils the principles of morality aud virtue; a sacred regard for truth, reverence for the ( 'reator, respect for oae another, rectitude, industry and frugality. But no teacher shall exercise any sectarian or political influence in the school. They shall see that all pupils under their charge distinctly under- stand all rules relating to pupils, aud they shall teach them the rules of health hygiene and the bad effects of narcotics, as required by Act No. 40 of the General Assembly of 1888. EULE XIII. Any teacher who may be absent from school on account of sickness or other necessity must cause immediate notice to be given to the local superintendent. Teachers absent three consecutive days without cause may be considered as hav- ing abandoned their positions. EULE XIV. No teacher shall resign without giving two weeks notice to the local superintendent, else he may be made to forfeit one half month's pay. EULE XV. Teachers shall not hold any position of higher grade than the one. corresponding to their certificates, nor shall the salary be larger than that allowed to the grade in which they teach. EULE XVI. All teachers shall attend the State aud Parish Institutes, when notified by the superintendent. - PELNCIPAL TEACHEES. EULE XVII. The principal teachers shall keep a register, in which they shall record the name, age, birth place, residence, the names of the parents or guardians of each pupil entering the public schools, also the occupation of the parent or guardian. RULES AND REGULATIONS. 117 EULE XVIII. The principals shall be required within one week after the commencement of each term, to have the pro- gramme of their daily exercises posted in the school room, in a conspicuous place, and shall transmit a copy to the local super- intendent and one to the State superintendent. EULE XIX. They shall keep a daily record of all pupils admitted ; those present, those absent or tardy. They shall, at the end of each month, report the condition of their respective schools to the local superintendent, and file in his office, a copy of their respective registers, and, at the close of the school year, shall forward a certified copy of said register to the State Board of Educat on ; they shall also keep records and make reports as required by Act No. 81, of the year 1888. EULE XX. The principal shall have supervisory control of the grounds, buildings and appliances, also, furniture and other common school property, and shall be held responsible for any want of neatness or cleanliness of the premises. Whenever repairs are needed, the president of the school board should be notified by him. PUPILS' ADMISSION. EULE XXI. Children entering the public schools are re- quired to furnish all the necessary text-books and stationery used in their classes. The pupils are to be admitted in the pri- mary schools not younger than six years. A pupil can begin school only on the first day of each week, and is to be accom- panied at the time of his admission, by one of his parents, or guardian, or by a friend who will see to the proper registry of his name and furnish any further needful information. EULE XXII. They must attend the school established in the local school district in which they reside, or such school as the local board may designate. EULE XXIII. All transfirs within {he schools, or from one school to another, rendered necessary for any cause, shall be made by authority of the local superintendent. Pupils wishing 118 RULES AND REGULATIONS. transfers, must produce certificates from 1 heir former teachers, stating their reasons and the class to which they belonged. EULE XIV. No pupil shall be admitted to school after 10 o'clock, or allowed to depart before the appointed hour, except in case of sickness, or for other cause in the judgment of the teacher. EULE XXV. No pupil shall be admitted to the High School, unless he has undergone a sufficient and satisfactory examina- tion. DIEECTIONS TO SCHOOL OFFICEES AND OTHEES CONNECTED WITS THE PUBLIC SCHOOLS. EULE XXVI. Officers connected with the department of public schools, and all the employees are earnestly requested, indeed directed, to exert every reasonable endeavor to the pro- motion of the schools. They should avoid all antagonism and unkind opposition, but should never fail whenever opportunity offers, to exercise their influence in behalf of a system that gives to many youths of our State, the opportunity of escaping from the benighted condition of the absolutely illiterate. In all matters of revenue for the schools, they should always endeavor to create a healthy condition, thereby assisting in set- ting aside (without its being a burden to any one) a sufficient amount to maintain a school system as it should be. By co-operative action the schools will become the pride of the State and reflect its excellence, and the contributors will be more than rewarded by the improved condition. EULES FOE THE EXAMINATION OF TEACHEES. I. Teachers shall not be examined to teach nor be given a certificate unless they enjoy a good moral character. The committee of examiners shall cause teachers to appear before them and be examined in the branches they are to teach. II. The examination, when two or more apply for the same position, shall be competitive ; the questions shall be answered RULES AND REGULATIONS. 119 in writing in presence of the examiners, in all branches in which such an examination is practicable. III. The written answers shall be examined, the merit marks or figures noted, and the candidate receiving the largest aggregate shall be preferred, provided, he is found competent. IY. A record of examination shall be kept by the local superintendent and shall be subject to the inspection of any officer connected with the schools. Public notice should always be given of the day the exam- ination will be held. The appointee may be given charge of a school on probation during a period not longer than one month, during which time permanent engagement may be made else he should not be employed, but paid for the services rendered. STATE OF LOUISIANA, DEPARTflENT OF EDUCATION. THE PUBLIC SCHOOL LAWS OF 1896 AND 1898. With Rules Adopted by the State Board of Education. SUPPLEMENT TO THIRD COMPILATION. ISSUED BY J. V. Superintendent of Public Education. BATON ROUGE : THE ADVOCATE, OFFICIAL JOURNAL OF THE STATK OF LOUISIANA. 1898. JS STATE OF LOUISIANA, DEPARTMENT OF EDUCATION. THE PUBLIC SCHOOL LAWS OF 1896 AND 1898, With Rules Adopted by the State Board of Education. SUPPLEMENT TO THIRD COMPILATION. ISSUED BY J. V. Superintendent of Public Education. BATON ROUGE : THE ADVOCATE, OFFICIAL JOURNAL OF THE STATE OF LOUISIANA, 1898. NOTE. This book contains all educational acts of a general character passed in the legislative sessions of 1896 and 1898, Some acts of a local character, especially those relating to prohibition of the sale of spirituous liquors near certain schools, are not here included. They must be sought in the regular publications of acts, as they are too numerous to be incorporated in this circular. J. V. CALHOUN, State Superintendent of Public Education. CONSTITUTIONAL PROVISIONS. Art. 230. (Educational Institutions Exempt from Taxa- tion.) The following shall be exempt from taxation, and no other, viz: All public property, places of religious worship, or burial, all charitable institutions, all buildings and prop- erty used exclusively for public monuments or historical col- lections, colleges and other school purposes, the real and per- sonal estate of any library, and that of any other library association used by or connected with such library, all books and philosophical apparatus, and all paintings and statuary of any company or association kept in a public hall; provided, the property so exempted be not leased for purposes of pri- vate or corporate profit and income. ***** Art. 231. (Poll-Tax of one Dollar.) The General As- sembly shall levy an annual poll tax of one dollar upon every male inhabitant in the State between the ages of twenty-one and sixty years, for the maintenance of the public schools in the parishes where collected. Art. 232. (School Tax on a Vote of Property Tax-Payers.) The State tax on properly for all purposes whatever, in- cluding expenses of government, schools, levees and interest, shall not exceed, in any one year. ; ix mills on the dollar of its assessed valuation, and, except as ctherv.'ise provided in this Constitution, no parish, municipal or public board tax for all purposes whatsoever, shall exceed in any one year ten mills on the dollar of valuation; provided, that for giving additional support to public schools, and for the purpose of erecting and constructing public buildings, public school houses, bridges, wharves, levees, sewerage work and other works of permanent public improvement, the title to which shall be in the public, any parish, municipal corporation, ward or school district may levy a special tax in excess of said limitation, whenever the rate of such increase and the number of years it is to be levied and the purpose or purposes for which the tax is intended, shall have been submitted to a vote of the property taxpayers of each parish, ward or school dis- trict entitled to vote under the election laws of the State, and a majority of the same in numbers and in value voting at such election shall have voted therefor. Art. 248. (Free Schools; for Whom; Apportionment of Funds.) There shall be free public schools for the white and colored races, seperately established by the General Assem- bly, throughout the State, for the education of all the children of the State between the ages of six and eighteen years; pro- 4 CONSTITUTIONAL, PROVISIONS. vided, that where kindergarten schools exist, children be- 1 tween the ages of four and six may be admitted into said ! schools. All funds raised by the State for the support of public schools, except the poll tax, shall be distributed to each parish in proportion to the number of children therein between the ages of six and eighteen years. The General Assembly, at its next session shall provide for the enumera- tion of educable children. Art. 249. (State Superintendent.) There shall be elected by the qualified electors of the State a Superintendent of Public Education, who shall hold his office for the term of four years, and until his successor is qualified. His duties shall be prescribed by law, and he shall receive an annual salary of two thousand dollars. The aggregate annual ex- penses of his office, including his salary, shall not exceed the sum of four thousand dollars. Art. 250. (State Board of Education; Parish Boards and Officers.) The General Assembly shall provide for the crea- tion of a State Board and Parish Boards of Public Education. The Parish Boards shall elect a Parish Superintendent of Public Education for their respective parishes, whose quali- fications shall be fixed by the Legislature, and who shall be ex-officio secretary of the Parish Board. The salary of the Parish Superintendent shall be provided for by the General Assembly, to be paid out of the public school funds accruing to the respective parishes. Art. 251. (French May be Taught.) The general exercises in the public schools shall be conducted in the English lan- guage; provided, that the French language may be taught in those parishes or localities where the French language pre- dominates, if no additional expense is incurred thereby. At. 252. (Application of the Poll Tax.) The funds de- rived from the collection of the poll tax shall be applied ex- clusively to the maintenance of the public schools as or- ganized under this Constitution, and shall be applied exclu- sively to the support of the public schools in the parish in which the same shall be collected, and shall be accounted for; and paid by the collecting officer directly to the treasurer of the local school board. Art. 253. (Sectarian Schools Cannot Receive Public School Funds.) No funds raised for the support of the public' schools of the State shall be appropriated to or used for the support of any private or sectarian schools. Art. 254. (School Funds Of what they Shall Consist.) The school funds of the State shall consist of: 1st. Not less than one and one Quarter mills of the six mills tax levied and collected by the State. 2d. The proceeds of taxation for school purposes as provided by this Constitution. 3d. The interest on. the proceeds of all public lands heretofore CONSTITUTIONAL PORVISIONS. 5 granted or to be granted by the United States for the support of the public schools, and the revenue derived from such lands as may remain unsold. 4th. Of lands and other property heretofore and hereafter bequeathed, granted, or donated' to the State for school purposes. 5th. All funds and property, other than unimproved lands, bequeathed or granted to the State, not designated for any other purpose. 6th. The pro- ceeds of vacant estates falling under the law to the State of Louisiana. 7th. The legislature may appropriate to the game fund the proceeds of public lands not designated or set apart for any other purpose, and shall provide that every parish shall levy a tax for the public schools therein, which shall not exceed the entire State tax; provided, that with such a tax the whole amount of parish taxes shall not exceed the limits of parish taxation fixed by this Constitution. The -City of New Orleans sihall make such appropriations for the support, maintenance and repair of the public schools of said city as it may deem proper, but not less than eight tenths of one mill for one year; and said schools shall continue to receive from the Board of Liquidation of the City Debt, the amounts to which they are now entitled under the Constitutional amendment, adopted in the year 1892. Art. 255. (State University and A. and M. College.) The Louisiana State University and Agricultural and Me- chanical College, founded upon the land grants of the United States to endow a seminary of learning and a college for the benefit of agriculture and mechanic arts, now established and located in the City of Baton Rouge, is hereby recognized; and all revenues derived and to be derived from the seminary fund, the Agricultural and Mechanical College fund, and other funds or lands donated or to be donated by the United States to the State of Louisiana for the use of a seminary of learning or of a college for the benefit of agriculture or the mechani;- aits, shall be appropriated exclusively to the maintenance and support of the said Louisiana State University and Agricultural and Mechanical College; and the General Assembly shall make such additional appropriations as may be necessary for its maintenance, support, and improvement, and for the estab- lishment, in connection with said institution, of such addi- tional scientific or literary departments as the public neces- sities and the well being of the people of Louisiana may require; provided, that the appropriations shall not exceed fifteen thousand dollars per annum for its maintenance and support. The Tulane University of Louisiana, located in New Or- leans, is hereby recognized as created and to be developed in accordance with the provisions of the legislative act No. 6 CONSTITUTIONAL PROVISIONS. 43, approved July 5th, 1884, and by approval of the electors, made part of the Constitution of the Stale. Art. 256. (Other State Schools.) The Louisiana State Normal School, established and located at Natcbitocbes; the Industrial Institute and College of Louisiana, whose name is hereby changed to the Louisiana Industrial Institute, estab- lished and located at Huston; and the Southern University, now established in the city of New Orleans, for the education of persons of color, are hereby recognized; and the General Assembly is directed to make such appropriations from time to time as may be necessary for the maintenance, support and improvement of these institutions; provided, that the appro- propriation for the maintenance and support of the Louisiana Industrial Institute shall not exceed fifteen thousand dollars per annum, and that for the Southern University shall not exceed ten thousand. Art. 257. (Interest Due the Townships.) The debt due by the State to the free school fund is hereby declared to be the sum of one million, one hundred and thirty thousand, eight hundred and sixty seven dollars and fifty-one cents in principal, and shall be kept on the books of the Auditor and Treasurer to the credit of the several townships entitled to the same; the said principal being the proceeds of the sales of lands heretofore granted by the United States for the use and support of free public schools, which amount shall be held by the State as a loan, and shall be and remain a per- petual fund, on which the State shall pay an annual interest of four per cent, and said interest shall be paid to the several townships of the State entitled to the same, in accordance with the Act of Congress, No. 68, approved Februrary 15th, 1843. Art. 258. (Debt Due Seminary Fund.) The debt due by the State to the seminary fund is hereby declared to be one hundred and thirty-six thousand dollars, being the proceeds of the sale of lands heretofore granted by the United States to this State for the use of a seminary or learning, and said amount shall be kept to the credit of said fund on the books of the Auditor and Treasurer of the State as a perpetual loan, and the State shall pay an annual interest of four per cent on said amount. Art. 259. (Debt Due A. and M. College.) The debt due by the State to the Agricultural and Mechanical College fund is hereby declared to be the sum of one hundred and eighty - two thousand three hundred and thirteen dollars and three cents, being the proceeds of the sale of lands and land scrip heretofore granted by the United States to this State for the use of a college for the benefit of agricultural and mechaircal arts; the said amount shall be kept to the credit of said fund on the books of the Auditor and Treasurer of the State as a CONSTITUTIONAL PROVISIONS. 7 perpetual loan, and the State shall pay an annual interest of five per cent on said amount. Art. #GO. (How Interest shall be Paid.) The interest due on the free school fund, the seminary fund and the Agricul- tural and Mechanical College fund, shall be paid out of any tax that may be levied and collected for the payment of the interest on the State debt. Art. 261. (School Books for Indigent Pupils.) All pupils in the primary grades in the public schools throughout the Parish of Orleans, unable to provide themselves with the re- quisite books, an affidavit to that effect having been made by one of the parents of such pupils., or if such parents be dead, then by the tutor or other person in charge of such pupils, shall be furnished with the necessary books, free of expense, to be paid out of the school fund of said parish; and the School Board of the Parish of Orleans is hereby directed to appropriate annually not less than two thousand dollars for the purpose named, provided such amount be needed. .A-OI'S OIH 1 STATE UNIVERSITY. No. 75.] AN ACT To amend and re-enact Section 6 of Act 145 of the Acts of 1876, consolidating the Louisiana State University and the Agricultural and Mechanical College. Be it enacted by the General Assembly of the State of Louisiana; That Section 6 of Act 145 of 1876, be amended and re-enacted so as to read as follows: That the Governor of the State shall be a member and ex-officio president of the Board of Supervisors and the State Superintendent of Public Educa- tion and the President of the Faculty of the University shall also be members ex-officio of said Board, and the twelve re- maining members shall be appointed by the Governor, by and with the advice and consent of the Senate, provided, that ^t least six of the fifteen supervisors of the University shall have been students of the Louisiana State University or of the Louisiana State University anct Agricultural and Mechanical College, and shall have taken degrees and be titled graduates of one of said institutions. At least one member of said Board of Supervisors shall be appointed from the parish of East Baton Rouge. Whenever a vacancy occurs in said Board for any cause the same shall be filled for the unexpired term. The terms of office of the present members of the Board of Supervisors as now constituted under appointements heretofore made, shall in no manner be abridged, terminated or affected by the pro- visions of this act, but whenever a vacancy shall hereafter oc- cur for any cause in the Board of Supervisors, the same shall be filled by the appointment of a titled graduate of one of said institutions until at least six titled graduates aforesaid shall be members of said Board of Supervisors, and said Board shall be thereafter so constituted and maintained. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 9th, 1896. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. SCHOOL, ACTS OF 1896. STATE BOARD OF EDUCATION. No. 85.] AN ACT To amend and re-enact Section 1, 2, and 18 of Act No. 81 of 1888, entitled "An act in relation to free public schools, and to regulate public education in the State of Louis- iana; to provide a revenue for the same, and impose cer- tain penalties; to apply fines imposed by district courts, and amounts collected on bonds, to the payment of public education, and to provide for payment of unpaid balances due to the public school teachers of New Orleans, for the years eighteen hundred and eighty (1880), eighteen hun- dred and eighty-one (1881), eighteen hundred and eighty- two (1882), and eighteen and eighty-four (1884.) Section 1. (State Board of Education.) Be it enacted by the General Assembly of the State of Louisiana, that Section 1 of Act 81 of 1888, be amended and re-enacted so as to read as follows: The Governor and the Superintendent of Public Educa- tion and the Attorney General, together with six citizens to be appointed by the Governor, one from each Congressional district of the State, shall be a body politic and corporate by the name and style of the State Board of Education for the State of Louisiana, with authority to sue and defend suits in all matters relating to the interests of the public schools. The above specified six citizens shall receive as compensa- tion for their services, in attending the meetings of the Board their actual traveling expenses and per diem for the number of days that the Board is in session, the same as members of the State Legislature, payable on their warrants, approved by the President or acting President of the Board. The Board may appoint a Secretary, whose salary shall not exceed $300.00 (Three Hundred Dollars) a year, and shall be fixed by the Board, payable semi-annually on the warrant of the President of the Board. Sec. 2. (Publication of Proceedings.) Be it further en- acted, etc., That Section 2 of Act 81, of 1888 shall be amended and re-enacted so as to read as follows: The Governor shall be ex-officio President. The Board shall meet on or before the first Monday of December of each year, and at other times upon the call of the State Superin- tendent. All papers, documents, and records appertaining to the Board shall be filed by the Secretary in the office of the State Superintendent of Public Education. The State Super- intendent may publish, if he sees fit, or at the request of the Board, the proceedings of the State Board of Education in 10 SCHOOL ACTS OF 1896. the official journal of the State, or in an official pamphlet, as he sees fit. The acts of the Board shall be attested by'the President. Sec. 3. (Ex-Officio Positions of State Superintendent.) Be it further enacted, etc., That Section 18 of Act 81 of 1888 shall be amended and re-enacted so as to read as follows: The State Superintendent of Public Education shall have general supervision of all Parish School Boards in the parishes, and of all Common, High, or Normal Schools of the State, and shall see that the school system of the State is carried into effect properly. He shall be ex-officio a member of the Board of Supervisors of the State University and Agri- cultural and Mechanical College, the State Normal School, the State Industrial School at Euston, the Institute for the Deaf and Dumb, and the Institution for the Blind, and all other institutions of learning under the control of the State. He shall visit all the parishes of the State, whenever practicable, at least once a year, and shall give due notice of the time of his visit to the Parish Superintendent, whose duty it shall be to meet and confer with the State Superintendent on all matters connected with the interests of the Common Schools of the parish. His expenses incurred in the discharge of this duty shall be paid out of the general fund, but shall not exceed the amount appropriated per annum for the pur- pose. Sec. 4. Be it further enacted, etc.. That all laws, or parts of laws in conflict with the foregoing be and the same are hereby repealed. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 9th, 1896. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. STATE NORMAL SCHOOL. No. 91.] AN ACT To amend and re-enact Section 9 of Act No. 73, of 1892. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That Section 9 of Act No. 73, of iS92, be amended and re-enacted so as to read as follows: Sec. 9. (State Normal School Diplomas.) The Board of Administrators of the State Normal School is hereby empow- SCHOOL ACTS OF 1896. 11 ered to confer diplomas upon, all graduates of said school. This diploma shall entitle the holder to a first grade teacher's certificate without examination, and shall be valid in any part of the State for four rears from the date of graduation, after the expiration of which time it may be renewed every four years, for the same period, by said Board of Administrators upon satisfactory evidence of the ability, progress and moral character of the teacher making application for such renewal. Furthermore, the diploma of the State Normal School shall entitle its holder to such degree of preference in the selection of teachers for the Public Schools of the State as may be deemed wise and expedient by the State Board of Education. Sec. >. Be it further enacted, etc., That all laws, or parts of lav, :-, in conflict with the provisions of this Act be and the same are hereby repealed. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 9th, 1896. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN f. MICHEL, Secretary of State. EXPROPRIATIONS. No. 96.] AN ACT To amend and re-enact Section Fourteen Hundred and Sev- enty-nine (1479) of the Revised Statutes of the State of Louisiana as amended by Act 117 of 1886, and to provide for the expropriation of property for purposes of Charity Hospitals and of Public Schools. Section 1. (Expropriation of Property for Public Schools.) Be it enacted by the General Assembly of the State of Lou- isiana, that Section 1479 of the Revised Statutes of the State of Louisiana be amended and re-enacted so as to read as fol- lows: Whenever the State or any political corporation of the same, created for the purpose of exercising any portion of the government powers in the same, or the Board of Administra- tors of any Charity Hospital or any Board of Public School Directors thereof, or any corporation constituted under the laws of this State for the construction of a railroad, plank road, turn pike, road or canal for navigation or for the pur- pose of transmitting intelligence by magnetic telegraph, can- 12 SCHOOL ACTS OF 1896. not agree with the owner of any Jand which may be wanted for its purchase, it shall be lawful for such State Corporation or Board to apply, by petition, to the District Court in which the same may be situated; or, if it extends into two Districts, to the Judge of either District Court in which the owner re- sides; and if the owner does not reside in either District, then to either of the District Courts, describing the lands necessary for the purpose, with a plan of the same and a statement of the improvements thereon, if any, and the name of the owner thereof, if known, at present .in the State, with a prayer that the land be adjudged to such State, corporation or board upon payment to the owner of all such damages as he may sustain in consequence of the expropriation of his land for such pub- lic works; all claims for land or damages to the owner caused by its taking or expropriation for such public works shall be barred by two (2) years prescription, which shall commence to run from the date at which the land was actually occupied and used for the construction of the works. Sec. 2. Be it further enacted, etc., That all the existing laws for the form and process of expropriation of property shall be applicable to the said section as thus amended and re- enacted. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. TEACHERS' INSTITUTES. No. 111.] AN ACT Relative to State and Parish Teachers' Institutes, and amend- ing and re-enacting Act No. 64 of 1894, entitled, "An Act to provide for holding State Teachers' Institutes in the several parishes." Be it enacted by the General Assembly of the State of Louisiana, that Act No. 64 of 1894 be amended and re-enacted so as to read as follows: Section. 1. (Institute: Time and Place, Notice.) BQ it en- acted, etc., That as a means of improving and making more efficient the Public Schools of the State of Louisiana, and awakening a deeper public interest in said schools, the State Superintendent of Public Education and the President of the State Normal School shall cause to be held each year a,s many State Teachers' Institutes or Summer Normal Schools of not less than four consecutive weeks each, as the funds at their disposal may warant, at such time and places as they, with the advice of the respective Parish Superintendents of Public Edu- SCHOOL ACTS OF 1896. 13 cation, may determine. They shall give notice of the time and place elected for each State Institute at least thirty days be- fore the beginning of said Institute. Sec. 2. (Institute Conductor.) Be it further enacted, etc., That the State Superintendent of Public Education and the President of the State Normal School shall select an expe- rienced Institute Conductor, who shall have general charge of the State and Parish Institutes provided for in this Act, and whose salary for that service shall not exceed one thousand ($1000) dollars per annum, payable out of any funds donated by the Board of Trustees of the Peabody Education Fund or appropriated by the General Assembly of the State of Louis- iana for Institute purposes. Sec. 3. (Term of Conductor.) Be it further enacted, etc., That said Institute Conductor shall be appointed for one year, and shall be ex-officio a member of the faculty of the State Normal School, performing therein such services and receiv- ing such compensation therefor as the Board of Administrators of said institution may determine. Sec. 4. (Assistants.) Be it further enacted, etc., That said Institute Conductor shall be assisted in the work by members of the faculty of the State Normal School and by such other assistants as the State Superintendent of Public Education and the President of the State Normal School may select ; pro- vided, that members of the State Normal School faculty shall receive no compensation other than their actual traveling ex- penses for Institute work done during the session of said in- stitutions; but for Institute work done during the vacation of said Normal School, they in common with the other assistants, shall receive such remuneration as the State Institute man- agers may deem sufficient, payable out of any funds derived from the Peabody fund or appropriated by State, parish or locality for Institute purposes. Sec. 5. (Parish Institutes Mandatory.) Be it further en- acted, etc., That every Parish Superintendent be and is hereby not only empowered, but required, to hold an institute of one week every year for teachers of his parish, according to a pro- gramme made out by the State Institute Conductor, and ap- proved by the State Superintendent of Public Education and the President of the State Normal School. Said Parish In- stitute shall be held at some convenient locality, and every teacher then employed in said parish, or who expects to be employed for the next session of the schools, shall be required to attend said institute. Public notice of the time and place of this institute shall be given at least thirty days before the opening thereof. The expenses of said Parish Institute shall be defrayed by the Parish School Board out of the examina- tion fees of teachers, or any other funds at their disposal. 14 SCHOOL ACTS OF 1896. Sec. 6. (State Institute Managers.) Be it further enacted, etc., That the State Superintendent of Public Education and the President of the State Normal School, with the State In- stitute Conductor, shall be known as the State Institute Man- agers, and shall prescribe the order and character of the In- stitute exercises and such other details as may be deemed necessary. Sec. 7. (Notice to Teachers.) Be it further enacted, etc., That the Parish Superintendent, with the advice of the State Institute Conductor, shall make all necessary arrangements for the State and parish teachers' institutes to be held in this parish, and shall do everything in his power to insure their success. He shall give to every public school teacher of his parish, required by law to attend the institute, at least fifteen days' written notice of the time and place of the meeting of the institute, and shall order all the public schools of his parish to be closed during the session of the institute. Sec. 8. (Penalty for Non- Attendance.) Be it further en- acted, etc., That any public school teacher failing to attend the State or parish institute held in his parish, without an ex- cuse satisfactory to the Board of School Directors thereof, shall immediately upon the demand of the Parish Superin- tendent, forfeit his certificate and lose his position. Sec. 9. (Leave of Absence from Schools, etc.) Be it fur- ther enacted, etc.. That the School Superintendent of every parish in w r hich no State Institute is to be held during theyear shall encourage and urge the public school teachers of his parish to attend the nearest State Institute, granting them leave of absence from their school duties; providing, that in all cases where the school session is actually in progress, or is to be begun during the time of holding either the State or the Parish Institute, whether the former be held in his own parish or not, the time thus consumed by the teacher in at- tendance upon the institute shall be extended to him after the institute shall have been held, and he shall be required to teach the full term for which he has contracted. Sec. 10. (Certificates of Attendance.) Be it further en- acted, etc., That the State Institute Conductor or his assistant conductors shall issue certificates of attendance to every teacher present during the whole session of the State or parish teacher's institute, and the parish boards of school directors shall give preference, other things being equal, to the holders of said certificates, in the selection of teachers for the public schools. Sec. 11. (Institute Reports.) Be it enacted, etc., That the State Institute Conductor shall annually make an exhaustive report of the State Teachers' Institutes,' and shall submit this report with a detailed account of all institute funds received oCHOOL ACTS OF 1896. 15 and disbursed by him, to the President of the State Normal School, who shall transmit said report to the State Superinten- dent of Public Education for publication in his biennial report to the General Assembly. Sec. 12. Be it further enacted, etc., That all laws or parts of laws in conflict with the provisions of this Act be and the same are herebv repealed. S. P. HENRY, Speaker of the House of Representatives, R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 9, 1896. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. OIF 1 898. SCHOOL INDEMNITY LANDS. Act No. 87.] AN ACT To amend and re-enact Act No. 152 of the Acts of 1890, to pro- vide for the sale of school indemnity lands. Section 1. Be it enacted by the General Assembly of the State of ^Louisiana, That all lands now owned by or which may hereafter inure to the State from the United States Gov- ernment, as indemnity for school lands, shall be disposed of as hereinafter provided. Section 2. Be it further enacted,etc., That the Kegister of the State Land office shall have advertised for the sale at pub- lic auction, for thirty clear days, a list of the lands to be sold ; the publication to be made in a newspaper published in the parish where the land to be sold is situated, and no land to be sold need be advertised in any paper outside of the parish where the land to be sold is situated; provided that no im- proved lands shall be advertised under the foregoing provis- ions unless requested by the Board of School Directors of the parish in which the land is located. Section 3. Be it further enacted, etc., That the land shall be sold at public auction at the office of the Register of the State Land office and shall be adjudicated to the last and high- est bidder; provided in no case shall it be sold for less than two dollars and a half per acre. Section 4. Be it further enacted, etc., That any land which fails ta bring the price of two dollars and a half per acre when offered at auction shall thereafter be subject to pri- vate sale at two dollar and a half per acre. Section 5. Be it further enacted, etc., That it shall be the duty of the Kegister to deposit in the State Treasury to the credit of the various school boards entitled to receive the same the proceeds of the sale of all indemnity school lands after paying the expense of advertising. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate, Approved July 9th, 1898. MURPHY J, FOSTER, Governor of the State of Louisiana. A t me -copy: JOHN T. MICHEL, Secretary of State. SCHOOL ACTS OF 1898 17 PARISH SUPERINTENDENT. Act No. 92.] AN ACT To amend and re-enact Section 25 of Act 81 of 1888, entitled, "An act in relation to free public schools and to regulate public education in the State of Louisiana; to provide a revenue for the same and to impose certain penalties and to apply fines imposed by the district court, and amounts collected on bonds, to the purpose of public education, and to provide for the payment of unpaid balances due to the public school teachers of New Orleans, for the years eighteen hundred and eighty (1880), eighteen hundred and eighty-one (1881), eighteen hundred and eighty-two (1882), and eighteen hundred and eighty-four (1884). Section 1. Be it enacted by the General Assembly of the State of Louisiana, That Section 25 of Act 81 of 1888, be amended and re-enacted so as to read as follows: The parish board of school directors j^hall elect a parish superintendent, who shall be ex-officio secretary of the board, in each parish of the State, the parish of Orleans excepted, who shall be pos- sessed of moral character and ability to manage the common school interests of the parish, and who shall be of age and a qualified elector. His salary shall be fixed by the parish school board, provided that in no case shall it be less than two hundred dollars (|200), nor more than twelve hundred dollars (|1200) per annum. S. P. HENRY, Speaker of the House of Representatives. R, H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 12th, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. ENUMERATION OF YOUTH. Act No. 129.] AN ACT To provide for the enumeration of the educable children of the State, and to fix the compensation therefor. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the /vsessors of all the parishes of the State, including the Board of Assessors of the Parish of Orleans, shall make an enumeration of ^ all the educable children of the State before July 1st, 1899, and every four years thereafter. 18 SCHOOL ACTS OF 1898. Section 2. Be it further enacted, etc., That it shall be the duty of the Assessors and the Board of Assessors of the Par- ish of Orleans to make a correct enumeration by giving the names of the educable children, between the ages of six and eighteen years in the respective parishes by race, sex and ward. This list of educable children shall be made in tripli- cate form, and written in ink. One list shall be furnished to the Auditor of Public Accounts, one list to the State Board of Education, and one list to the Board of School Directors of the Parish in which the enumeration is made. It shall be the duty of the Assessors and the Board of Assessors of the par- ish "of Orleans to swear to the correctness of said list or lists before a competent officer, who shall attach a certificate thereof on each list before filing them. Section 3. Be it further enacted, etc., That the parish Boards of School Directors shall pay the Assessors four cents for the enumeration of each educable child in their respective parishes on the approval of the work of enumeration by the State Board of Education, which shall be signified to the parish Boards by the Secretary of State Board under seal. In the event the State Board of Education for any cause deems the enumeration made incorrect or improperly made out, it shall have the power and authority to order a new enumeration in the parishes where the inaccuracies are found, without extra compensation. Section 4. Be it further enacted, etc., That it shall be the duty of the Auditor of Public Accounts to furnish blank forms ruled to set forth the required names of the educable children by tvards, with the race, sex, and age of the children, to the Assessors and the Board of the parish of Orleans. Section 5. Be it further enacted, etc., That in case of wilful negligence and refusal to comply with the provisions of this Act, the Governor shall have the power and authority to re- move any Assessor or member of the Board of Assessors from office for such refusal or negligence. Section 6. Be it further enacted, etc., That all laws or parts of laws in conflict with the provisions of this act be and are hereby repealed. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 13th, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. : SCHOOL ACTS OF 1898. If PECIAL ELECTION!. IMPROVEMENTS. Act Xo. 131.] AN ACT To prescribe the manner in which special elections shall be held in any parish, municipality, ward, or school district of this State, for the purpose of levying special taxes for the support of public schools, and for the purpose of erect- ing and constructing public buildings, public school houses, bridges, wharves, levees, sewerage work and other works of permanent improvement, the title to which shall be in the public, in such parish, municipality, ward, or school district, and to carry into eiTect Article 233, of the Constitution of 1898. Section 1. Be -it enacted by the General Assembly of the State of Louisiana, That whenever one-third of the property tax-payers of any parish, municipality, ward, or school district in this State shall petition the Police Jury of such parish, or the municipal authorities of such municipality, to levy a special tax for the support of public schools, and for the pur- pose of erecting and constructing public buildings, public school-houses, bridges, wharves, ievees, sewerage work and other works of permanent public improvement, the title to which shall be in the public, the said Police Jury or municipal authorities shall order a special election for that purpose, and submit to the property tax-payers of each parish, municipality, ward, or school district, the rate of taxation, the number of years it is to be levied and the purposes for which it is in- tended; provided, that said election be held under the general election laws of the State, and at the polling places at which the last preceding general election was held, and not sooner than thirty days after the official publication of the petition and ordinance ordering the election. Section 2. Be it further enacted, etc., That the petition mentioned in Section 1, of this act shall be in writing, and shall designate the object and amount of the tax to be levied each year, and the number of years during which it shall be levied. Section 3. Be it further enacted, etc., That if a majority in number and value of the property tax-payers of such parish, municipality, ward or school district voting at such election, shall vote in favor of such levy of said special tax, then the Police Jury, on behalf of such parish, ward, or school district, or the municipal authorities, authorities for and on behalf of such municipality shall immediately pass an ordinance levy- ing such tax, and for such time as may have been specified in the petition, and shall designate the year in which such taxes shall be levied and collected. 20 SCHOOL ACTS OF 1898. Section 4. Be it further enacted, etc., That all tax-payers* voting at said election shall be registered voters, except women tax-payers, who shall vote without registration. All tax-payers entitled to vote shall do so in person except women. who shall vote either in person or by their agents, authorized in writing. Section 5. Be it further enacted, etc., That the Police Jury of any parish, ward, or school district, or the municipal authorities of any municipality, shall, when the vote is in favor of the levy of such taxes, levy and collect annually, in addition to other taxes, a tax upon all taxable property within such parish, municipality, ward, or school district, sufficient to pay the amount specified to be paid in such petition, and such police jury and authorities shall have the same right to en- force and collect any special tax that may be authorized by such election, as is or may be conferred by law upon them for the collection of other taxes, which taxes so collected shall be used for the purpose named in said petition, and in the case of a tax being named for the support of a public school, or for the purpose of erecting a public school-house, the same shall from time to time, as the same is collected, be paid to the board of school directors of the parish in which said tax is- levied, and be used for the purpose stated in said petition. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 13th, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana, A true copy: JOHN T. MICHEL, Secretarv of State. TRANSFER OF FUHDS. Act No. 104.] CONCURRENT RESOLUTION. Whereas, Art. 257, of the Constitution, fixes the debt due by the State to the Free School Fund at one million, one hun- dred and thirty thousand, eight hundred and sixty-seven dollars and fifty-one cents ($1,130,867.51), and Whereas, an annual interest of four per cent, is required by said article to be paid on said sum, and Whereas, Art. 260 requires the interest on said amount to be paid out of any tax that may be levied and collected for the payment of the interest on the State debt, and Whereas, the sum of forty-five -thousand, two hundred and thirty-four dollars and seventy cents (f 45,234.70) is appro- SCHOOL ACTS OF 1898. 21 priated annually for the purpose of paying the interest above mentioned, and Whereas, according to the amounts credited on the township ledger, only the sum of thirty-eight thousand, one hun- dred and eighteen dollars and three cents ($38,118.03) is annually used in paying said interest. Therefore, Be it resolved by the House of Representatives of the State of Louisiana, the Senate concurring, That the dif- ference between the amount appropriated and the amount -actually used in paying the interest on the several townships be and the same is hereby transferred annually from the Inter- est Tax Fund to the Current School Fund, and that the Audi- tor of Public Accounts be and he is hereby directed to carry out the provisions of this resolution. S. P. HENRY, Speaker of the House of Representatives. ALBERT ESTOPINAL, President pro tern, of the Senate. Approved July llth, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copj : JOHN T. MICHEL, Secretary of State. SOUTHERN LOUISIANA INDUSTRIAL INSTITUTE. Act No. 162.] AN ACT To create and establish a State Industrial Institute for the Ed- ucation of white children of the State of Louisiana in the arts and sciences. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That, a State Industrial Ins'itute is hereby established for the education of the white children of the State of Louisiana, in the arts and sciences. Said Institute shall be known as the "Southwestern Lou- isiana Industrial Institute," and shall be located in that parish of the 13th Senatorial District which will offer the best in- ducement therefor to the Board of Trustees, said location to be made by the Board to be appointed under this act, pro- vided that the parish selected for the location of said Institu- tion shall donate not less than twenty-five acres of land and Five Thousand Dollars to said Institution, and the same shall be organized as hereinafter provided ; provided further that in 2ase two or more of said parishes offer the same inducements then the Board of Trustees shall select, by a majority vote, the most suitable location and make report thereof to the 22 SCHOOL ACTS OF 1898. General Assembly of the State of Louisiana, at its next ses- sion, together with such recommendations as may be condu- cive to the best interests of said institution. Sec. 2. Be it further ^nacted, etc., That the Governor of the State shall nominate and appoint, by and with the advice and consent of the Senate, one person from each Congres- sional District of this State, and two from the State at large r to be trustees, and to serve as herein provided. Immediately after they shall be assembled, in consequence of their first ap- pointmnt, they shall be divided by lot into two equal classes, so that the term of three of those appointed from the Con- gressional Districts, and one appointed from the State at large shall expire in two years, and the term of the other half shall expire in four years from the date of their appointment; so that one half may be chosen every two years. Vacancies shall be filled as in case of other offices in this State. The Gover- nor of the State and State Superintendent of Public Educa- tion shall be ex-officio members of said Board of Trustees* and the Governor shall, when present, act as president of the Board, but the Board shall elect one of their number Vi^e- President. Five of. the Trustees shall constitute a quorum for the transaction of business. Sec. 3. Be it further enacted, etc., That the Board of Trustees of said Institute be and the same are hereby declared a body politic and corporate; shall be domiciled at the parish seat of the parish where the Institution will be located; shall sue and be sued, contract and be contracted with; may hold, purchase, sell and convey property, whether movable or im- movable, which may be necessary or beneficial in carrying out the purposes of this act. Said Board of Trustees may provide under proper regulations and rules for conferring degrees and awarding diplomas and granting certificates, as rewards and honors for learning and skill, to the pupils of said Institute. Sec. 4. Be it further enacted, etc., That said Board of Trustees shall fix the time or times for regular meetings, and may be convened at any time the Governor as ex-officio Pres- ident may deem it expedient to do so, in order to transact business connected with said Institute. The President of the Faculty and teachers shall be Secre- tary of the Board of Trustees, and he shall keep in a welt bound book, a record of the proceedings had by said Board, and his compensation for this service shall be fixed by the Board; provided that said Board may elect a suitable person as Secretary pro tern, to act until the Institute be put in oper- ation. Sec. o. Be it further enacted, etc., that the said Board cf SCHOOL ACTS OF 1898. 23 Trustees shall possess all the power necessary and proper for the accomplishment of the trust reposed in them, viz.: The establishment of a first-class Industrial Institute for the edu- cation o.f the white children of Louisiana in the arts and sciences, at which such children may acquire a thorough aca- demic and literary education, together with a knowledge of kindergarten instruction, of telegraphy, stenography and pho- tography, of drawing, painting, designing and engraving in their industrial applications ; also a knowledge of fancy, prac- tical and general needle-work; also a knowledge of book- keeping and agricultural and mechanical art together with such other practical industries as, from time to time, may be suggested to them by experience, or such as will tend to pro- mote the general object of said institute, to-wit: Fitting and preparing such children, male and female, for practical indus- tries of life. Sec. 6. Be it further enacted, etc., That the Board of Trustees shall select and appoint a president and the profes- pors of said institute, and such other officers as they may deem necessary to put and maintain the same in successful opera- tion, and shall make such rules and regulations for the gov- ernment of said officers as they may deem advisable; thej shall prescribe such a course of discipline as may be neces- sary to enforce the faithful discharge of the duties of all offi- cers, professors and students. They shall prescribe the course or courses of instruction so as to secure thorough education and the best possible instruction in all of said industrial studies, and they shall adopt all such by-laws' and regulations as they may deem necessary to carry out all the purposes and objects of said Institution. Sec. 7. Be it further enacted, etc., That all the property acquired in any way by said Board of Trustees shall really be the property of and belong to the State of Louisiana, but shall be held, controlled and managed by said Board of Trus- tees for the benefit of said Industrial Institute. Sec. 8. Be it further enacted, etc., That said Board of Trustees shall be convened as soon as practicable. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 'J4. ISPfc. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State. * 24 SCHOOL ACTS OF 1898. INSTITUTE FOR THE DEAF AND DUMB. Act No. 166.] AN ACT To re-organize, establish and maintain the Institution for the Deaf and Dumb, to be known as the "Louisiana Institute for the Deaf and Dumb;" to locate same at Baton Rouge; to provide for the organization and government thereof; to provide for the appointment of a Board of Trustees; to confer corporate powers on said board: to define its powers and duties and to provide for the expense of the numbers; to define the class of persons to be admitted in the institution, and to prescribe the benefits and privi- leges they shall receive. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That there shall be established and main- tained, in the town of Baton Kouge, an institution for the edu- cation of the deaf and dumb, to be known as the "Louisiana Institute for the Deaf and Dumb." Sec. 2. Be it further enacted, etc., That the Governor shall appoint, by and with the advice and consent of the Sen- ate, seven resident citizens of the State, together with the Governor, (who shall be ex-oilicio president of the board) shall constitute and be known as the Board of Trustees of the Lou- isiana Institute for the Deaf and Dumb. At the first appoint- ment of the board under this act two of the members shall be appointed for two years, two for three years, and three for four years, and thereafter appointments shall be made for the term of four years. Sec. 3. Be it further enacted, etc., That the Board of Trustees is hereby declared and constituted a body politic corporate, and shall have full power to sue and be sued, to make contracts, and acquire and hold, by purcahse or dona- tion any real or personal property necessary for the use or for the benfit of said institution. Sec. 4. Be it furthen enacted, etc., That the domicile of the Board of Trustees shall be at Baton Kouge and all process shall be served on the vice-president at the office of the board Sec. 5. Be it further enacted, etc., That they shall re- ceive, instruct and support in the Institution all persons deaf and dumb, or of such defective speech or haring as not to be able to acquire an education in the ordinary schools, between the ages of eight and twenty-two years, of sound mind and proper health of body,- and residents of the State. Such per- sons shall receive instruction and be provided with boad, lodging, medicine and medical attendance at the expense of the Institution, and if in such indigent circumstances as to SCHOOL ACTS OF 1898. 25 render it necessary, shall also be furnished with clothing and traveling- expenses to and from the Institution, upon a certifi- cate to that effce from the president of the Police Jury of the parish, or the mayor of the city, or town, in which they reside. Sec. 7. Be it further enacted, etc., That the persons adt mitted as pupils under fourteen years of age, may continue in the institution ten years; if over fourteen and under seven- teen yars of age, they may continue eight years; if over seven- teen years of age, they may continue five years; provided, the board may in any case extend the term two years. Sec. 8. Be it further enacted, etc., That the first meeting of the Board of Trustees shall be held at such time as the Governor shall direct, and at such meeting they shall elect a vice-president, they shall elect a treasurer, a superintendent and such other officers as may be necessary for the proper or- ganization and management of the Institution, define their duties and fix their salaries. Sec. 9. Be it further enacted, etc., That the vice-presi- dent shall preside over the meetings of the board during the absence of the president, and shall exercise a general super- vision over the affairs of the Institution. Sec. 10. Be it further enacted, etc., That the treasurer shall give bond in such sum as the Board of Trustees may de- termine, with security to be approved by the vice-president. He shall be custodian of the funds of the Institution. He shall receive from the State Treasurer the monies appropri- ated by the State for the support of the Institution upon his warrant countersigned by the Governor. He shall make pay- ments upon the order of the Superintendent of the Institute cuntersigned by the vice-president of the board. Sec. 11. Be it further enacted, etc., That the members of the Board of Trustees shall be paid their expenses incurred in attending the meeting of the board, out of the funds of the Institute. Sec. 12. Be it further enacted, etc., That the Institution shall provide all the requisite facilities for acquiring a good literary education instruction in hygiene and physical culture and an industrial department in which instruction shall be given in such trades as may be best suited to render the pupils self-sustaining citizens. Sec. 13. Be it further enacted, etc., That upon appoint- ment of the Board of Trustees herein provided for the organi- zation of the Institute for the Deaf and Dumb, at Baton Rouge, under existing laws shall cease and determine, and the new board shall assume custody, management and control thereof. 26 SCHOOL ACTS OF 1898. Sec. 14. Be it further enacted, etc., That this act shall take effect from and after its passage. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 14, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretarv of State. SALE FOR THE UNIVERSITY. Act No. 56.] AN ACT Authorizing the Governor to sell certain property of the State, situated in the city of Baton Rouge, at public or private sale, and prescribing the use to be made of the proceeds of said sale. Whereas, By House Concurrent Resolution No. 16 of 1896, the Governor was authorized to sell certain property of the State, situated in the city of Baton Rouge at a minimum price of twenty thousand dollars ($20,000) and Whereas, By Act No. 38 of 1896, an appropriation was made to the Louisiana State University and A. and M. College of twenty thousand dollars ($20,000) for the purpose of erect- ing a building for class and laboratory purposes, said sum to be paid out of the proceeds of the sale of said property, and Whereas, the Governor of Louisiana lias been unable to dispose of said property for the price specified, and the State University has in consequence been unable to draw said ap- propriation or any portion thereof; therefore, Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Governor of the State of Louis- iana be and is hereby authorized to sell the said property of the State situated in the city of Baton Rouge in the square bounded by Church, Laurel,* Florida and Third streets, and formerly occupied by the Institute for the Deaf and Dumb, to the highest bidder at public or private sale; the terms of said sale to be fixed by the Governor at not less than fifteen thou- sand ($15,000.00) Dollars, the payment of the balance of said purchase money to be secured by the usual vendor's privilege and mortgage. Sec. 2. Be it further enacted, that the proceeds of said sale be and the same are hereby appropriated to the Louisiana SCHOOL ACTS OF 1898. 27 State University and Agricultural and Mechanical College for the erection of one or more buildings for class and laboratory purposes. S. P. HENRY, Speaker of the House of Representatives. R. H. SNYDER, Lieutenant Governor and President of the Senate. Approved July 8th, 1898. MURPHY J. FOSTER, Governor of the State of Louisiana. A true copy: JOHN T. MICHEL, Secretary of State.. RESOLUTIONS AND RULINGS BY THE STATE BOARD OF EDUCATION. 1. (Compulsory Examinations.) Resolved, that while it is the sense of this board that the provisions contained in Section 50 of Act 81 of 1888 are still in force, that none the less the Parish Superintendent has the right of requiring teachers whom he deems incompetent and inefficient and Avhoni he has the power to remove under the 46th section of said act, to be examined with a view of testing their qualifica- tions and fitness. April 1, 1891. 2. (Examination Schedule.) 1st. Resolved, by the State Board of Education, that the examination of teachers in the several parishes of the State be held hereafter at the time of the regular quarterly meetings of the parish school boards, and at no other time except as hereinafter provided. 2nd. That due notice of the time set for examination of teachers be given by the parish superintendent, also notice that no other examination will be held until the next quar- terly meeting of the parish board. 3rd. That the State Superintendent of Education prepare a set of questions covering all the subjects required by law, and furnish to the superintendent of each parish, a sufficient number of copies of these official question lists for use in the examinations, and that no other questions shall be used in said examinations; said questions to be sent out from the superintendent's office so as to reach the several parishes sim- ultaneously, and to be used only once, and only on the dates named above. 4th. That the value of each question be indicated by the State Superintendent, and that a list of answers showing what would be a fair amount of information to be elicited by each question, be prepared by the superintendent and fur- 28 RESOLUTIONS AND RULINGS BY THE nished to the examining boa'rd of each parish board, for the purpose of establishing a uniform value to the certificates granted in each parish. 5th. That the same question lists be used in examinations of teachers for all grades of certificates, the several grades of certificates being graded according to the percentages made by the candidates. 6th. That the superintendent of each parish furnish to the State Superintendent within two weeks after each examina- tion, a list of all persons examined, with their post office ad- dresses, the grade received and the grade of certificate granted to each candidate. N. B. It has been considered proper not to adhere in this examination to instruction in 5th rule. Examiners will please mark each answer on the scale of 10 for perfect. August 20, 1896. 3. (High Schools.) Resolved, That the State Board of Education call the attention of the parish boards to the ne- cessity of establishing high schools wherever the grade of students justifies it, as the State Board of Education believe that the establishment of a number of high schools in the State will contribute powerfully to build up both the public school system and colleges and universities. August 19, 1892. 4. (Collection of Poll Tax.) The State Board urge the parish school boards to insist upon a full and complete col- lection of the poll tax, and upon failure of the sheriffs to re- port as the law directs that suits be instituted against the tax collector for entire amount of the roll as the law directs in Sections 2 and 3 of Act 89, approved July 2nd, 1888. August 19, 1892. 5. (Normal and Other Graduates.) That the several parish school boards, committees on teachers, and parish superintendents throughout the State are urged to use their best endeavors to secure the services of competent teachers; that many graduates of our State Normal School and of other colleges entitled to a preference in the employment of teach- ers, desire positions in our schools, many of whom have ap- plied to our State Superintendent for employment, who will furnish their names and addresses on application, and we urge the local authorities to secure the services of such teachers as the best means of advancing the educational in- terest of the children of the State. August 19, 1892. 6. (Penalty for not Recognizing Normal Graduates.) Resolved, That the State Superintendent of Public Education be and is hereby ordered and directed to report to the Gov- ernor any school-boards or members of school boards who fa.il to give preference to graduates of the State Normal School or other schools and colleges of good standing as di- STATE BOARD OF EDUCATION. rected by resolution of this board passed August 19, 1892, or who fail to remove their parish superintendents who are inef- ficient, unfaithful, or negligent in the discharge of their du- ties, and the Governor is hereby requested to remove such boards or members, subject to the ratification of this board as provided by Section 2 of Act 29, of 1892. October 19, 1892. 7. (Decision in Favor of Normal Graduates.) Whereas, information has reached this board of the violation by the school board of the parish of Bossier of the resolution adopted by this board of date August 19, 1892, passed in pursuance of Section 9 of Act No, 73 of 1892, exempting Normal gradu- ates from examination and entitling them to a certain degree of preference, therefore Be it resolved, That the State Superintendent of Public Education be and he is hereby required to notify said parish board of its violation of the said act as well as the resolutions of this board, and in the event of their failure to at once com- ply with the law and the resolutions of this body that the Govenor be and is hereby requested to remove said board. June 29, 1897. 8. (Neglect of Duty to be reported.) Resolved, That it is necessary that the parish school boards -and the parish school superintendents shall rigidly adhere to the laws govern- ing the public schools, and where any neglect or violation by any member of any board, or any neglect or violation of law by any parish superintendent, of any of provisions of such public school laws, shall come to the knowledge of the State Superintendent of Public Education, he shall at once report the facts to the Governor of the State, with the request that he remove such delinquent under the provisions of section 2 of Act 29 of 1892 amending and re-enacting Section 8 of Act 81 of 1888. October 19, 1894. 9. (Uniformity of Text Books.) Whereas, the law t>ro- vides under Section 3rd, of Act 81 of 1888 that a uniform series of text books shall be used in the public schools, and Whereas this requirement has the merit of system and is in line with strict economy, and its wisdom has been thorough- ly established by experience, therefore Be it resolved, That it shall be the duty of the superinten- dents in the several parishes to see that this rule is faithfully enforced and that the text books adopted or recommended by this board, and none others, are used in the public schools throughout the State. Eesolved Further, That a breach of the law requiring the use of uniform text books as above stated, after notice by the parish superintendent, shall be deemed sufficient grounds for the summary dismissal of any teacher in the public schools. June 29, 1897. 30 RESOLUTIONS AND RULINGS 10. Regulating the Price of School Books.) Whereas, complaint has been made that some of the local dealers in school books in the country have been charging more than the contract prices for text books selected for use in the public schools, therefore Be it Resolved, That it shall be the duty of the parish superintendents in the several parishes to post in a conspicious place in the school rooms printed schedules of prices at which it has been agreed to furnish the books, and the patrons of the schools shall be notified by him that they can be obtained from the publishers through the the parish superintendents, for cash, at these prices, in case any additional charges are made by local dealers. Resolved Further, That the State Superintendent of Pub- lic Eel cation shall forward to the parish superintendents these printed price lists. 11. (Regulating Sale of School Books.) Be it Resolved, That the Depositaries appointed by this board are prohibited from in any way invalidating by their actions the contracts entered into by the board and the several publishing houses. October 19, 1894.. UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW