GIFT OF 
 
^ 
 
 Grp'T 
 
 •^01' 2 (9,4 
 
 
 
 
 
 DIGRST OF LAWS RELATING TO 
 
 FREE SCHOOLS 
 
 IN THE STATE OF ARKANSAS 
 
 
 
 Issued by the 
 
 Department of Public 
 .'. .'. Instruction .*. .'. 
 
 ' 
 
 
 
 19 14 
 
 " Of T!-!S 
 
 ^^ UN?VEHSlTY 
 
 
 
DIGEST OF LAWS RELATING 
 TO FREE SCHOOLS IN 
 THE STATE OF ARKANSAS 
 
 Issued by the DEPARTMENT of 
 
 PUBLIC INSTRUCTION 
 19 14 
 
 This book is the property of the State of Arkansas. The law 
 states that it may be furnished only to school officers. When a 
 director retires from office this book and all school records and re- 
 ports should be delivered to his successor in office. 
 
 GEO. B. COOK, Superintendent. 
 
 1914 
 THE SENTINEL RECORD 
 Hot Springs, Ark. 
 
v^<r. 
 
 v>^^^1 
 
 x^^.^ 
 
 
Digest of School Laws 
 
 FREE SCHOOLS. 
 
 Section 7484. Intelligence and virtue being the 
 safeguards of Mberty, and the bulwark of a free and good 
 government, the state shall ever maintain a generai, 
 suitable and efficient system of free schools, whereby all 
 persons in the state, between the ages of six and twenty- 
 one years, may receive gratuitous instruction. 
 
 STATE BOARD OF EDUCATION. 
 
 (Acts 1911, Act 431. Approved June 1, 1911.) 
 
 Note: — Act 431, Acts 1911, approved June 1, 1911, creating 
 State Board of Education and delegating powers to same, placed 
 ttiere in conformity to sectional digest of existing authorities, is 
 properly amendatory to Sec. 750*5, Kirby's Digest, g. v., and amends 
 Art. 3128, Acts 1911, approved May 30', 1911, hereinafter set forth 
 as Sees. 7699 a. et seq. q. v. 
 
 7484-a. — Of Whom Composed, Etc. 
 
 SECTION 1. A State Board of Education, to be com- 
 posed of the State Superintendent of Public Instruction 
 and one member from each congressional district, is 
 hereby created. The State Superintndent of Public In- 
 struction shall be ex-officio chairman of said board. The 
 
 29:>.n9J 
 
DIGEST OF SCHOOL LAjWIS. 
 
 members of said board, other than the State Superinten- 
 dent of Public Instruction, shall be appointed and com- 
 missioned by the Governor, subject to confirmation by 
 the Senate. 
 
 7484-&. — Members to Subscribe to Oath, 
 
 Sec. 2. The members of said board, other than the 
 State Superintendent of Public Instruction, shall take 
 and subscribe to the oath of office as provided in section 
 5763, Kirby's Digest. 
 
 7484-c. — Term of Office of Appointed Members, 
 
 Sec. 3. The term of office of the appointed mem- 
 bers shall be seven years, and until their successors are 
 appointed and qualified; provided, that in the appoint- 
 ment of the first State Board of Education, one member 
 shall be appointed for one year, one for two years, one 
 for three years, one for four years, one for fiwe years,, 
 one for six years, and one for seven years. If a vacancy 
 shall occur on said board, the vacancy shall be filled by 
 appointment, as provided in section 1, and said member 
 so appointed shaill serve out the unexpired term of the 
 Eiember in verbose place he is appointed. 
 
 7484-cZ. — When to Convene Annually or Oftener. 
 
 Sec. 4. The State Board of Education shall meet an- 
 nually on the first Monday of September of each year, in 
 the office of the State Superintendent of Public Instruc- 
 tion; provided, the State Superintendent of Public In- 
 struction, as chairman of the State Board of Education,. 
 may convene said board at any time upon five days writ- 
 ten notice to the members thereof; provided further, that 
 the chairman of the board shall call a meeting thereof at 
 any time upon the written petition of four members of 
 said board. 
 
DIGEIST OF SCHOOL, DAWS. 
 
 7484-e. — Members to Perfect Organization of Board. 
 
 Sec. 5. As soon as practicable, after the appoint- 
 n.ent and qualification, the members of said board shall 
 meet in the office of the State Superintendent of Public 
 Instruction and elect one of their number secretary., per- 
 fect the organization of said board and adopt such rules 
 and regulations as they may deem advisable for the per- 
 formance of the duties of said board as hereinafter set 
 forth. 
 
 7484-f . — Expenses Allowed Only to Members Appointed. 
 
 Sec. 6. The appointed member of said board 
 shall serve without remuneration, other than their 
 actual traveling and hotel expenses when attending the 
 meetings of said board, such expenses to be paid upon 
 the certificate of lihe chairman and secretary of said 
 iDcard to the Auditor of State, who shall issue his warraat 
 upon the State treasury in payment of same. 
 
 7484-5r. — Board to Have Management of School Funds. 
 
 Sec. 7. The State Board of Education shall 
 have the management and investment of the common 
 school fund belonging to the State, and shall, from tim« 
 to time, as the same may accumulate, securely invest the 
 said funds in bonds of the United States or the State of 
 Arkansas. 
 
 7484-/1. — May Direct Action to be Brought for Recovery 
 of School Funds, 
 
 Sec. 8. All moneys required by (law to be paid into 
 the treasury to the credit of the common school fund 
 may, if the same be not paid within thirty days after 
 they shall have become due and payable, be recovered, 
 with interest due thereon, by action in any court having 
 
DIGEIST OF S'OHOOL UAWB. 
 
 jurisdiction; and su'ch action shall be prosecuted by the- 
 Attorney General of the State or by the prosecuting at- 
 torney of any judicial district within this State, when so 
 directed by said board. 
 
 7484-i — Auditor to. Report to Board Annually Condition 
 of School Fund. 
 
 Sec. 9. The State Auditor shall annually, on the 
 first Monday in September, transmit to the State Board 
 of Education a report of the condition of the school fund 
 on the first day of September, with an abstract of the 
 accounts thereof in his office. 
 
 7484-;. — Board May Direct Auditor to Draw Warrants 
 on School Funds to he Invested in Bonds. 
 
 Sec. 10. The State Auditor shall, under the direc- 
 tion of the State Board of Education, draw warrants on 
 the State Treasurer for the payment of all or any por- 
 tion of the common school fund belonging to the State, 
 for the purchase of bonds or other securities in which 
 the same is by law invested. 
 
 7484-A;. — Duty of Treasurer. 
 
 Sec. 11. The State Treasurer shall, by virtue of 
 such warrant, pay from the uninvested common school 
 fund the purchase money for said securities, and shall 
 receive and deposit the same in the State treasury for 
 safe-keeping, and receipt to the State Superintendent of 
 Public Instruction, as chairman of said board, for the 
 kind and amount of such securities. 
 
 7484-Z. — Board to Settle Annually With Treasurer. 
 
 Sec. 12. Said board shall, at their annual meet- 
 ing, settle with the State Treasurer all accounts of the 
 common school fund not before settled; and shall ratify 
 
 6 
 
DIGEIST OF SCHOOL DAWS. 
 
 the apportionment of the common school funds by thgi 
 State Superintendent of Public Instruction, as provided 
 by section 7521 of Kirby's Digest. 
 
 7484-m.^ — Power to Grant Charters to Institutions of 
 
 Learning. 
 
 Sec. 13. The powers and duties now imposed 
 upon the Governor, Secretary of State and the 
 State Superintendent of Public Instruction, as a board 
 for the chartering of educational institutions, as pro- 
 vided in section 924 of Kirby's Digest, shall hereafter 
 devolve upon the State Board of Education. Said board 
 shall have the sole power to grant charters to academies, 
 colleges, universities, and all other higher institutions of 
 learning, determine what institutions may confer de- 
 grees and under what conditions, inspect all ehartered 
 institutions, and to revoke their charters, for failure to 
 maintain such standards as may be required. All char- 
 ters heretofore granted shall be examined by the board 
 and it shall! have authority to issue new or revised char- 
 ters, if necessary, to bring all into conformity to the 
 rules of said board. In dealing with charters, the At- 
 torney General shall be consulted and no rule shall be 
 adopted or order issued without his approval. 
 
 7484-?z. — County License Made State Wide; How. 
 
 Sec. 14. Any teacher holding a first grade county 
 license in any county in this State, desiring to have said 
 license made state-wide, may apply to the State Superin- 
 tendent of Public Instruction for an examination. It 
 shall be the duty of the State Superintendent of Public 
 Instruction under the supervision of the State Board 
 of Education, to examine said applicant and to deter- 
 mine whether or not his license shall be made state- 
 wide. Said examination shall be made by said Super- 
 
DIGtElST OF SOHOOL liAWlS. 
 
 intendent of Public Instruction by an examination of 
 the papers, the questions propounded by the county ex- 
 aminer or county superintendent, and the answers of the 
 applicant thereto, at any regular quarterly examination 
 before said county examiner or county superintendent, 
 at the time said first grade certificate was granted and 
 issued to said applicant, and such further evidence as 
 the State Superintendent of Public Instruction may de- 
 sire. It shall be the duty of the county examiner or 
 county superintendent, at the request of any teachsr, 
 holding a first grade certificate and desiring to take the 
 examination, as herein stated, to transmit to the State 
 Superintendent of Public Instruction the questions pro- 
 pounded by him, and the answers of the applicant thereto, 
 at the regular quartenly examination at which said first 
 grade certificate was granted to said applicant, the cost 
 of transmission to be paid by said applicant. If the 
 State Superintendent of Public Instruction shall be satis- 
 fied from an examination of the applicant, as aforesaid, 
 that he is of good moral character and qualified to teach 
 and to hold a first grade certificate, he shall issue to said 
 applicant a certificate of the same grade as that held oy 
 said applicant, and said certificate shall authorize said 
 applicant to teach in any county of this State, without 
 further examination, for the period of time specified in 
 the certificate originally issued to him by the county ex- 
 aminer or county superintendent. A fee of one dollar 
 shall be charged and collected from said applicant for 
 said examination, the same to be paid into the State 
 treasury and credited to the institute and library fund, 
 as now provided in case of fees for State and pro- 
 fessional licenses. The expense of grading said papers 
 shall be paid out of the said institute and library fund 
 upon the requisition of the State Superintendent of Pub- 
 lic Instruction to the State Auditor, who shall issue his 
 
 8 
 
DIGiElST OF SCHOOL LAWS. 
 
 warrant upon the State treasury in payment of said ex- 
 pense. - In no case, however, shall the cost of any exam- 
 ination exceed the fees paid by the applicant for same. 
 
 7484-0. — May Issue State or Professional Licenses; When, 
 
 Sec. 15. The State Superintendent of Public In- 
 struction, under the supervision of the State Board of 
 Education, may issue state or professional licenses based 
 upon state teachers' certificates granted in other states, 
 or based upon normal school diplomas, or degrees from 
 educational institutions, if it be shown to the satisfac- 
 tion of said superintendent and board that the examina- 
 tion required of said applicant, or course of study pur- 
 sued by him, was of the standard required for the issu- 
 ance of state or professional licenses. All applicants for 
 such licenses shall pay the same fee and in the same man- 
 ner as is now prescribed by law for professional and 
 state licenses. In the issuance of all certificates said 
 superintendent and board shall require satisfactory evi- 
 dence of the good moral character and successful teach- 
 ing experience of the applicant. Said superintendent, 
 under the supervision of said board, shall have the power 
 and authority to revoke, for good cause shown, any cer- 
 tificate or license granted under authority conferred by 
 this Act to teach in the public schools. 
 
 Provided, any county examiner or county superin- 
 tendent may issue county license based upon state teach- 
 ers* certificate granted in other states, or based upon 
 normal school dipdomas or degrees from educational in- 
 stitutions, for which he shall receive the fee now pro- 
 vided for county license ; provided, license from the State, 
 or diploma from the normal scShool, or degree from the 
 educational institution issuing the State license, diploma 
 or degree upon which the county license is based, has 
 been recognized and accredited by the State Board of Ed- 
 
DIOEST OF S'OHOOL DAWS. 
 
 ueation, but if license from State issuing said certificate, 
 or school issuing said diploma or degree has not been 
 passed upon by the State Board of Education, it shall do 
 so at the request of any county examiner or superinten- 
 dent, at its next regular meeting; i^rovided, the diploma, 
 degree or state license, with other proper data, be filed 
 with the State Board of Education, when it shall place 
 the same, or refuse to place the same upon the accredited 
 list. 
 
 7484-2:>. — Board to Have Supervision of the Public 
 Schools of the State. 
 
 Sec. 16. The State Board of Education shaU 
 have general supervision of the public schools of 
 the State; may prepare and distribute plans and 
 specifications for the construction and equipment of 
 school buildings, when called upon to do so; provide 
 courses of study for rural, elementary, graded and high 
 schools; prescribe plans for the organization and con- 
 duct of teachers' institutes; prescribe rules and regula- 
 tions for the sanitary inspection of all school buildings, 
 and for the examination of pupils in order to detect con- 
 tagious and infectious diseases and physical defects, and 
 shall take such other action as may by said board be 
 deemed necessary and expedient to promote the physical 
 welfare of the school children; shaJll classify and stan- 
 dardize the public schools, prescribe the requirements for 
 accrediting graded and high schools; provide for new 
 forms of educational efforts; and shall in general, take 
 such action as may be necessary to promote the organ*- 
 zation and increase the efficiency of the educational sy^"- 
 tem of the State. 
 
 Provided, that nothing in this Act shall be so con- 
 strued as to give to the State Board of Education, herein 
 provided for, or to the State Superintendent of Public 
 
 10 
 
DIGEST QP^ S'OHOOL DAWiS. 
 
 • Instruction any power or authority to recommend or 
 prescribe any text book to be adopted or used in any 
 public school or schools of the State and that this Act 
 does not repeal any statutes regarding the adoption and 
 use of text books and shall not be construed to curtail or 
 limit the powers of the directors of any school district lu 
 the State. 
 
 7484-g. — Board to Keep Record of Proceedings. 
 
 Sec. 17. Said State Board of Education shall keep a 
 complete record of all its proceedings and the same shall 
 be filed with the permanent records of the State Super- 
 intendent of Public Instruction; shall prepare a report 
 which shall be incorporated with the report of the State 
 Superintendent of Public Instruction each biennial term. 
 
 7484-r. — Board to Adopt Seal of Superintendent of 
 Public Instruction. 
 
 Sec. 18. The seal of the. State Superintendent of 
 Public Instruction shall be adopted and used by the Stale 
 Board of Education. 
 
 REPEALING CLAUSE. 
 
 All laws and parts of laws in conflict herewith are 
 hereby repealed, and this law shall go into effect and be 
 h force from and after its passage. 
 
 Sec. 7485. Poiuers of General Assembly. — The gen- 
 eral assembly shall provide, by general laws, for tjhe sup- 
 port of common schools by taxes, which shall never ex- 
 ceed in any one year three mills on the dollar on the tax- 
 able property of the state; and by an annual per capita 
 tax of one dollar, to be assessed on every male inhabitant 
 of this state over the age of twenty-one years. Provided, 
 the general assembly may, by general law, authori?.e 
 school districts to levy, by a vote of the qualified electors 
 
 11 
 
DIG'EST OF SCHOOL LiAjW'S. 
 
 cf such districts, a tax not to exceed seven mills on the 
 dollar in any one year for school purposes. Provided 
 further, that no such tax shall be appropriated to any 
 other purpose, nor to any other district, than that for 
 which it was levied. Art XIV., Sees, 1 and 3, Const As 
 amended by Const. Amendment No. 8. 
 
 APPROPRIATION OF SCHOOL TAX.— The provision la Art. 
 14, iSection 3, of Const. 1874, that a tax levied for school purposes 
 shall not be appropriated "for any other purpose" does not mean 
 that a tax voted for school building purposes shall not be appro- 
 priated for any otiher school purpose, but only that it shall be used 
 for school purposes. — ^School Distri^ct of Hartford v. West Hartford 
 Special School District.— 102 Ark., 261. 
 
 Const. 1874, Art. 14, Sec. 2, providing that no school tax shall 
 be appropriated "to any other district than that for which it was 
 levied," does no prohibit the Legislature from providing for an 
 apportionment lof school tax colle'cted by a district where a portion 
 of its territory has been annexed to another district. — Ibid. 
 
 (Acts 1909, Act 234. Approved May 12, 1909.) 
 
 Note: — Sees. 7485-a to 7485-z inclusive embrace the provisions 
 of three separate compulsory attendance laws; Sees. 7485-a to 
 7485-i inclusive embracing the provisions of Act 234, approved 
 May 12, 1909; Sees. 748'5-j to 7485-p inclusive embracing the provi- 
 sions of Act 231, approved April 28, 1911, and Sees. 7485-q to 
 7485-^. embracing the provisions of Special Act 347, approved May 
 51, 1909. 
 
 7485-a. — Required to Attend School One-half Time. • 
 
 Sec. 1. Every parent, guardian or other person m 
 the State of Arkansas, having charge or control of any 
 child between the ages of (8) and (16) years, shall cause 
 such child to attend regularly some day school, public, 
 private, parochial or parish, not less than one-lhalf of the 
 entire time the public school said child attends is in ses- 
 sion, during any one year, or shall provide such child at 
 home with such regular daily instruction during the 
 i^sual hours as shall be, in the judgment of court or 
 school board ihaving competent jurisdiction, substantiat- 
 Iv equivalent to at least the instructions given the child- 
 
 12 
 
DIOEST OF SCHOOL LAWS. 
 
 ren of like age and advancement at the day public school 
 ih the ^locality in which said child resides. 
 
 Provided, that every parent, guardian or other per- 
 son in the state of Arkansas, having charge and control 
 of any child between the ages of sixteen and twenty 
 years, who is not actively, regularly and lawfully sn- 
 gi:ged in some useful employment or service, ^hall cause 
 said child to attend school as hereinbefore provided for 
 children from 8 to 16 years. 
 
 7485-&. — Child Excused From Attendance; When. 
 
 Sec. 2. Any child between the ages aforesaid may be 
 excused temporarily from complying with the provisions 
 of this act, in whde or in part, if it be shown to a court 
 of competent jurisdiction or school board of such district, 
 that said parent or guardian, or person having charge or 
 control of said dhild, is not able through extreme destitu- 
 tion to provide proper clothing for said child, or that 
 said child is mentally or physically incapacitated to at- 
 tend school for the whole period required or any part 
 thereof, or that there is no public school taught within 
 two and one-half miles of the residence of said child by 
 the nearest traveled road, or that the labor of said child 
 is absolutely necessary for the support of the family, or 
 that said child has completed a common school course, 
 Including seven (7) grades, and has certificate of same 
 from the school said child attended. If any child, or 
 children, are unable to attend school as hereinbefore re- 
 quired by not being able to procure books, on satisfactory 
 proof of same, the respective school board shall purchase 
 said books out of the general school! fund of said district. 
 
 7485-c. — Board to Appoint Officer to Enforce Act, 
 
 Sec. 3. The board having charge of a public school in 
 a city or district shall appoint for a period of one year^ 
 
 13 
 
DIOElST OF SCHOOL DAW'S. 
 
 one or more attendance officers to enforce the provisions 
 of this act. The fees of said attendance officers shall 
 be the same as that of peace officers for similar service, 
 and said fees shall be paid from the public sdhool funds 
 of the city or district. The attendance officers shall 
 serve written or printed notices upon the parents or 
 guardians, or persons who have charge and control of 
 any child or children as aforesaid who violate the pro- 
 visions of this act, and shall, when reasonable doubt ex- 
 ists as to the age of any child, require a properly attested 
 birtlh certificate or an affidavit stating such child's ag-3, 
 the date of birth and physical characteristics ; and shall 
 have the right to visit and enter any office or factory or 
 business house employing children as aforesaid; and the 
 right to require a properly attested certificate of atte-.i- 
 dance of any child or children at such day school; and 
 power to arrest without warrant all truants and non-a> 
 tendants as aforesaid and place them in some public 
 school, unless the parents, guardians or persons in charge 
 and controll of said children, respectively, shall at once 
 place them in some other day school as aforesaid. Such 
 attendance officer shall serve the legal notices and sub- 
 poenas of the court, without further fee or compensa- 
 tion than that paid by the board as aforesaid, and he 
 shall carry into effect such other regulations as may law- 
 fully be required by ^tihe board appointing him. 
 
 7485-c/. — Provision For Juvenile Disorderly Person, 
 
 Sec. 4. The board, having charge of the public 
 schools of any city or district having 10,000 or more popu- 
 lation by the last census, may establish and maintain from 
 the public schools in such city or district, or any school 
 board may, at its discretion, purclhase land and main- 
 tain such school, either within or without their own 
 
 14 
 
DIGEST OF SOHOOL DAWS. 
 
 school district for children who are between the ages of 
 eight and sixteen years, and who are either habitual tru- 
 ants from any day school in which they are enrolled as 
 pupils, or who, while in attendance at any school, are 
 incorrigible, vicious or immoral, or who habitually wan- 
 der or loiter a;bout the woods or public i^laces without 
 lawful employment, and such children shall be deemed 
 juvenile disorderly persons, and may be by said school 
 board, through its officers, assigned to, and required 
 and compelled to attend such truant or parental school, 
 or any department of the graded schools, as such school 
 board or court may direct. 
 
 7485-e. — Penalty For Violating Act. 
 
 Sec. 5. Any person or guardian, or person having 
 charge and control of any child between the ages of eight 
 and sixteen years, violating any of the provisions of this 
 act, shall be warned as aforesaid, as soon as possible af- 
 ter the beginning of the public school term of the city, 
 town or district in which such child resides, and ailso at 
 any time thereafter by the attendance officer herein pro- 
 vided for, or by the clerk of district where no attendance 
 officer is provided for, to place and keep said child in reg- 
 ular attendance at some day school, within ten days from 
 the service of the said written or printed notice of warn- 
 ing, and upon failure to comply with this act, after the 
 lapse of ten days from the date of the service of said no- 
 tice of warning, said parent, guardian or person having 
 charge or control of said child shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall pay a 
 fine of not less than ten ($1-0.00) dollars and not more 
 than twenty-five ($25.00) ddlars. 
 
 Provided, that such fine may be suspended and finul- 
 ly remitted by the court trying the case, with or without 
 payment of cost, at discretion of the court, if the said 
 
 15 
 
DIGEST OF SOHOOL DAWlS. 
 
 child be immediately placed in regular attendance m 
 some day school as aforesaid, and if such fact of regular 
 attendance is proven subsequently to the satisfaction of 
 said court by attested certificate of attendance by the 
 superintendent or teacher of said day school. 
 
 7485-/. — Board to Publish Synopsis of This Act Ten Days 
 Before Opening of School 
 
 Sec. 6. Every board having charge of the public 
 schools of any city, town or district in the State of Ar- 
 kansas, shall each year publish a synopsis of this act ten 
 days prior to the opening of school, in a newspaper pub« 
 lished in the town, or city, or district, in which the mem- 
 bers thereof reside, or shall post copies thereof in five or 
 more conspicuous places in said district city or town. 
 
 74S6.g. — No Child to Be Employed in Factory While 
 School is in Session. 
 
 Sec. 7. No child between eight and sixteen years 
 of age shaill be employed in any mine, factory, 
 workshop, mercantile establishment, or in any man- 
 ner, during the usual school hours while such school 
 is in session, unless the person employing such child sha]l 
 first produce a certificate from the superintendent or the 
 teacher of the school he or she attended, stating that such 
 child attended school for the period required by law, or 
 has been excused from attendance by Sec. 2 of this Act, 
 (Sec. 7485-b, supra) and it shall be the duty of such su- 
 perintendent or teacher to furnish such certificate upon 
 application of a parent, guardian or person having con- 
 trol of such chiild entitled to same. 
 
 7485-/i. — Oivner of Workshop Employing Child Guilty 
 of Misdemeanor. 
 
 Sec. 8. Every owner, superintendent or officer 
 of any mine, factory, workshop or mercantile estab- 
 
 16 
 
DIGEST OF SCHOOL DAWS. 
 
 lishment, and any other person who shall employ 
 any child between eight and sixteen years of age, 
 contrary to the provisions of this act, shall be deemed 
 guilty of a misdemeanor, and, upon conviction, shall be 
 fined for each offense in a sum not less than ten ( $10.00 > 
 dollars, nor more than thirty ($30.00) dollars. 
 
 Sec. 7485-z. — Prosecutions to be in the Name of the 
 State; Counties Exempted from Act. 9. Prosecution 
 under this act shall be brought in the name of the State 
 of Arkansas before any court having competent juris- 
 diction, and the fines collected shall be paid over to the 
 county treasurer and be credited to the general school 
 fund of the respective city, town or district, no bond for 
 cost shall be required by any court or officer in prosecu- 
 tion under this act. 
 
 Provided, the folowing counties shall be exempted 
 from the provisions of this Act : 
 
 Arkansas, Ashley, Baxter, Boone, Bradley, Calhoun, 
 Clark, Chicot, Cleburne, Columbia, Conway, Crittenden, 
 Cross, Dallas, Desha, Drew, Hempstead, Hot Spring, 
 Howard, Izard, Jefferson, Lafayette, Lee, Lincoln, Little 
 Kiver, Logan, Lonoke, Marion, Miller, Mississippi, Mon- 
 roe, Montgomery, Ouachita, Perry, Phillips, Pike, Poin- 
 sett, Polk, Pope, Pulaski, Saline, Searcy, Woodruff and 
 Yell. Act 234, Approved May 12, 1909. 
 
 'Note.— STUDENTS EXEMPTED FROM WO'RiKING ROADS. 
 
 All students in actual attendance in any of the sctiools in this 
 State, and all persons who are unablo to perform labor by reason 
 of physical inability, shall be exempted from working on any of the 
 roads.— Act 287, Approved March 29, 1913. 
 
 Sec. 7485-y. — Parent to Send Child to School One- 
 half Time. 1. Every parent, guardian or other person 
 in the State of Arkansas, having charge and control of 
 any child between the ages of (8) and (16) years, shall 
 
 17 
 
DIGUBST OF SOHOOL liAiWS. 
 
 'Cause such child to attend regularly some day school, 
 public, private, parochial or parish, not less than one- 
 balf of the entire time the public school said child attends 
 is in session during any one year, or shall provide such 
 child at home with such regularly daily instruction dur- 
 ing the usual hours as shall be in the judgment of court 
 or school board having competent jurisdiction, substan- 
 tially equivalent to at least the instructions given the 
 children of like age and advancement at the day public 
 school in the locality in which said child resides; ?:)ro- 
 vided, that every parent, guardian or other person in 
 the State of Arkansas, having charge and control of any 
 child between the ages of sixteen and twenty years, 
 who is not actively and regularly and lawfully engaged 
 in some useful employment or service, shall cause said 
 child to attend school as hereinbefore provided for chil- 
 dren from eight to sixteen years. {Act 231, Acts 1911. 
 Approved April 28, 1911.) 
 
 Sec. 7485-A:. — May he Excused; When, 2. Any 
 child between the ages aforesaid may be excused tem- 
 porarily from complying with the provisions of this 
 Act in whole or in part, if it be shown to the courr 
 of competent jurisdiction, or school board of said dis- 
 trict, that said parent or guardian, or person having 
 charge of or control of said child, is not able through 
 extreme destitution, to provide proper clothing for said 
 child, or that said child is mentally or physically inca- 
 pacitated to attend school for the whole period re- 
 quired or any part thereof, or that there is no public 
 school taught within two and one-half miles of the resi- 
 dence of said child by the nearest traveled road, or that 
 the labor of said child is absolutely necessary for the 
 support of the family, or that said child has completed a 
 common school course including seven (7) grades, and 
 
 18 
 
DIGEST OF SOHXDOL LAWS. 
 
 'has certificate of same from the school said child attend- 
 ed. If any child or children are unable to attend school 
 .as hereinbefore required by not being able to procure 
 books, on satisfactory proof of same, the respective board 
 .shall purchase said books out of the general school fund 
 of said district. 
 
 Up to and including the fourth grade, provided, 
 'that the school board of any one district shall not ex- 
 pend in any one year a sum exceeding in the aggregate 
 fifteen dollars in making purchases of books for the pu- 
 pils of any one school in the district, and such books 
 when so bought shall become the property of the school 
 district and at the close of the term they shall be turned 
 over to some person to be named by the board who shaU 
 safely keep them until they shall be needed for some fu- 
 iture term. — lb. 
 
 Sec. 7485-Z. — Board to Appoint Attendance Officer, 
 3. The board having charge of a public school in a 
 city or district shall appoint for a period of one year, 
 one or more attendance officers to enforce the provisions 
 of this Act. The fees of said attendance officers shall be 
 the same as that of peace officers for similar service, and 
 said fees shall be paid from the public school funds of 
 the city or district. The attendance officer shall serve 
 written or printed notices upon the parents or guardians, 
 or persons who have charge and control of any child •^r 
 children as aforesaid who violates the provisions of this 
 Act, and shall, when reasonable doubt exists as to the 
 age of any child, require properly attested birth certifi- 
 cate or an affidavit stating sudh child's age, the date of 
 birth, and physical characteristics; and shall have the 
 right to visit and enter any office or factory or business 
 house employing children as aforesaid; and the right to 
 fl-equire a proper attendance certificate of any child or 
 
 19 
 
DIGiBST OF SCtlOOIL LiA^WS. 
 
 children at such day school ; and power to arrest without: 
 warrant, all truants and non-attendants as aforesaid; 
 and place them in some public school unless the parents, 
 guardians, or persons in charge and control of said chil- 
 dren, respectively, shall at once place them in some other 
 day school as aforesaid. Such attendance officer shall 
 serve the legal notices and suDpoenas of the court, with- 
 out further fee or compensation than that paid by the 
 board as aforesaid, and he shall carry into effect such, 
 ether regulations as may lawfully be required by the 
 board appointing him. — Ih, 
 
 Sec. 7485-m. — Provision for Juvenile Disorderly/ 
 Persons. 4. The board having charge of the public 
 schools of any city or district having 10,000 or more 
 population by the last census, may establish and main- 
 tain from the public schools in such city or district, or 
 any school board may, at its discretion, purchase lands 
 and maintain such school, either within or without their 
 own school district, for children who are between the 
 ages of 8 and 16 years, and who are either habitual tru- 
 ants from any day school in which they are enrolled as 
 pupils, or who, wthile in attendance at any school, are 
 incorrigible, vicious, or immoral, or loiter about public 
 places without lawful employment and such children 
 shall be deemed juvenile disorderly persons, and may be 
 by said board through its officers, assigned to, and re- 
 quired and compelled to attend such truant or parental 
 school or any department of the graded schools as such 
 school board or court may direct. — lb. 
 
 Sec. 7485-^. — Penalty for Violating Act. 5. Any 
 person or guardian, or persons having charge and con- 
 trol of any child between the ages of 8 and 16 years, 
 violating any of the provisions of this Act shall be 
 warned as aforesaid, as soon as possible after the begin- 
 
 20 
 
DIGHEST OF SOHOOL UAiWS. 
 
 •rAng of the public school term of the. city, town or dis- 
 trict in which said child resides, and also at any time 
 thereafter by the attendance officer herein provided for, 
 or by the clerk of district where no attendance officer is 
 provided for, to place and keep said child in regular at- 
 tendance at some day school, within ten days, from the 
 service of the said written or printed notice of warning, 
 and upon failure to comply with this Act, after the lapse 
 of ten days from the date of service of said notice of 
 warning, said parent, guardian or other person having 
 charge or control of said child shall be deemed guilty of 
 a misdemeanor, and upon conviction thereof shall pay a 
 fine of not less than ten ($10.00) dollars, and not more 
 than twenty-five ($25.00) dollars; provided, such fine 
 may be suspended and finally remitted by the court try- 
 ing the case with or without payment of cost, at discre- 
 tion of the court, if the dhild be immediately placed in 
 regular attendance in some day school as aforesaid, and 
 if such fact of regular attendance is proven subsequently 
 to the satisfaction of said court by attested certificate of 
 attendance by the superintendent or teacher of said day 
 jschool. — 76. 
 
 Sec. 7485-0. — Board to Publish Synopsis Ten Days 
 Before School Opens. 6. Every board having charge of 
 public schools of any city, town or district in the State 
 of Arkansas, shall each year publish a synopsis of 
 this Act ten days prior to the opening of school, in a 
 newspaper published in the town or city or district in 
 which the members thereof reside or shall post copies 
 thereof in five or more conspicuous places in said dis- 
 trict, city or town. — lb. 
 
 Sec. 7485-p. — Prosecutions Under Act to be in 
 I^ame of State, 7. Prosecution under this Act shall be 
 
 21 
 
DIGEST OF SCHOOL IjAWiS. 
 
 ff. 
 
 brought in the name of the State of Arkansas, before- 
 any court having competent jurisdiction, and the fines 
 collected shall be paid over to the county treasurer and^ 
 be credited to the general school fund of the respective 
 city, town or district. No bond for cost shall be re- 
 quired by any court or officer in prosecution under this 
 Act; provided, the following counties shall be exempted 
 from the provisions of this Act: Baxter, Cleburne, Polk,. 
 Madison, Franklin, Jefferson, Sebastian, Yell, Indepen- 
 dence, Scott, Drew, Little River, Lonoke, Woodruff,. 
 Boone, Bradley, Calhoun, Desha, Lafayette, Lincoln, Ma- 
 rion, Monroe, Phillips, Ashley, Dallas, Columbia, Mont- 
 gomery, Chicot, Hot Spring, Saline, St. Francis, Benton,. 
 Lee, Ouachita, Pope, Union, Crittenden, Pulaski, Prairie, 
 Hempstead, Howard. — 76. 
 
 Repealing Clause : This Act shall take effect f rem- 
 and after its passage, and all laws in conflict are hereby 
 repealed. 
 
 Sec. 7485-g. — Parent to Send Child to School One-- 
 half Time. 1. Every parent, guardian, or other person 
 ill Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, 
 Yell, Independence and Scott counties, in the state of 
 Arkansas, having charge and control of children between, 
 the ages of eight and fourteen years, shall cause each 
 dhild to attend regularly some day school, public, private 
 or parish, not less than one-half of the entire time of the 
 public school said child attends is in session, or shall pro- 
 vide said child at home with such regular daily instruc- 
 tion during the usual hours as shall be in judgment of 
 court or school board having competent jurisdiction, sub- 
 stantially equivalent to at least the instructions given the 
 child of like age and advancement of any day public 
 school in the locality in which said child resides; pro- 
 vided, that every parent, guardian or other person in. 
 
 22 
 
DIGEST OF SCHOOL DAWIS. 
 
 Polk, Cleburne, Baxter, Madison, Franklin, Sebastian, 
 Yell, Independence and Scott counties, in the state of Ar- 
 kansas, having charge and control of children between 
 the ages of fourteen and sixteen years, who is not active- 
 ly and regularly and lawfully engaged in some, useful em- 
 ployment or service, shall cause said child to attend 
 school as (hereinbefore provided for children from eight 
 to fourteen years. — Act 347, approved May 31, 1909. 
 
 Sec. 7485-r. — May be Excused; When, 2. Any 
 child between the ages aforesaid may be excused tem- 
 porarily from complying with the provisions of this 
 act in whole or in part if it be shown to a court of 
 competent jurisdiction or school board of said distrirt 
 that said parent or guardian, or person having charge 
 and control of said child, is not able through extreme 
 destitution to provide or obtain in any way proper cloth- 
 ing for said child, or that said child is mentally or 
 physically incapacitated to attend school for the whole 
 period required or any part thereof, or that there is no 
 public school taught within two and one-half miles of the 
 residence of said child by the nearest traveled road, or 
 that the labor of said child is absolutely necessary for 
 the support of the family, or that said child has com- 
 pleted the common school course, including the eight (8) 
 grades, and has certificate of same school the child at- 
 tended. 
 
 If any child is unable to attend school, as hereinbe- 
 fore required, by not being able to procure books, on sat- 
 isfactory proof of same the sdhool board shall purchase 
 said books out of the incidental fund for use of said 
 child.— 76. 
 
 Sec. 7485-s. — Board to Appoint Attendance Officer, 
 3. The board having charge of a public school in a 
 
 23 
 
DIGEST OF SCHOOL IjAWS. 
 
 city or district of 3,000 or more population by the last 
 census, may appoint, and remove at pleasure, one or 
 more attendance officers to enforce the provisions of this 
 act, and shall fix the compensation and manner of per- 
 formance of the duties of the said attendance officers, 
 and shall pay tJhem from the public school fund of said 
 city or district, and the attendance officers as aforesaid 
 shall serve written or printed notices upon the parents 
 or guardians, or persons who have charge or control of 
 the children aforesaid, who violate the provisions of this 
 act, shall when reasonable doubt exists as to the age of 
 any such dhild, shall require a proper attested birth cer- 
 tificate or an affidavit stating such child's age, date of 
 birth and physical characteristics; shall have the right 
 to visit any office, factory or business house employing 
 children as aforesaid; shall have the rigtht to require a 
 proper attested certificate of attendance of any child or 
 children at such day schools; shall have power to arrest 
 without warrant all truants and non-attendants as afore- 
 said, and place them in some public school, unless the 
 parents, guardian or person in charge and control of said 
 cliildren respectively, ^all at once place them in some 
 other day school aforesaid, and shall serve legail notice 
 and subpoenas of the court and make such required ar- 
 rests in the case which they prosecute without further 
 fee or compensation than that paid by the board, as 
 aforesaid. AH constables, marshals, sheriffs and their 
 deputies are ex-officio attendance officers and shall re- 
 ceive fees the same as in other cases of misdemanors 
 and shall carry into effect such other regulations as may 
 lawfully be required by the school board. — Ih, 
 
 Sec. 7485-^. — Provision for Juvenile Disorderly Per- 
 sons. 4. The board having charge of the public school 
 of any city or district having ten thousand or more pop- 
 ulation by the last census, may establish and maintain 
 
 24 
 
DIGEST OF SCHOOL LAWS. 
 
 Irom the public school fund, one or more ungraded tru- 
 ant or parental schools in such city or district. Any 
 school board may at its discretion purchase land and 
 m.aintain such school either within or without their own 
 school district, for children who are between the ages of 
 eig'ht and sixteen years, and who are either habitual tru- 
 ants from any school in which they are enrolled as pupils, 
 or who while in attendance at any school are incorrigi- 
 ble, vicious or immoral, or who habitually wander or 
 loiter about the streets or woods or public places withoat 
 lawful employment, and such children shall be deemed 
 juvenile disorderly persons, and may be by said school 
 board, througih its officers, assigned to and required and 
 compelled to attend such truant or parental school or any 
 department of the graded schools as such school board or 
 court may direct. — lb. 
 
 Sec. 7485-2i. — Penalty for Violating Act, 5. Any 
 parent or guardian or person having charge and con- 
 trol of children between the ages of 8 and 16 years 
 violating any of the provisions of this act shall be 
 warned, as aforesaid, as soon as possible after the be- 
 ginning of the public school term of the city or town, 
 district in which said child resides, and also at any time 
 thereafter, by the attendance officers therein provided, 
 or by clerk of district where no attendance officer is 
 provided for, to place and keep said child in regular at- 
 tttndance at some day school within ten days from the 
 service of said written or printed notice of warning, and 
 upon failure to comply with this act, after the lapse of 
 ten days from the date of the service of said notice of 
 warning, said parent or guardian or person (having 
 charge and control of said child (shall) be deemed guilty 
 of a misdemeanor and, upon conviction thereof, shall 
 pay a fine of not less than five dollars nor more than 
 
 25 
 
DIGEIST OF SOHOOL. UAjWiS. 
 
 twenty-five dollars ; provided, that such fine may be sus- 
 pended, finally remitted by court with or without pay- 
 ment of cost, at discretion of the court if said child be 
 immediately placed and kept in regular attendance of 
 some day school as aforesaid, and if such fact of regular 
 attendance is proven subsequently to the satisfaction of 
 said court by attested certificate of attendance by the 
 superintendent or teacher of said school. — lb. 
 
 Sec. 7485-'y. — Board to Publish Synopsis of Act Ten 
 Days Before School Opens. 6. Every board having 
 charge of the public schools of any town or district within 
 tlie counties of Polk, Cleburne and Scott, in the state 
 of Arkansas, shall each year publish a synopsis of this 
 act ten days prior to the opening of the school in a news- 
 paper published in the city or town or district in which 
 the members thereof reside, or shall post copies thereof, 
 in five or more public places in the district, as will m 
 their judgment best give knowledge thereof. — lb. 
 
 Sec. 7485-1^. — No Child to be Employed in Factor]/ 
 While School in Session. 7. No child between eight and 
 fourteen years of age shall be employed in any mine, 
 factory, workshop, mercantile establishment, or any 
 other manner within the usual school hours, unless the 
 person employing him shall first procure certificate from 
 the superintendent or the teaoher of the school he -r 
 she attended, stating that such child attended school for 
 a period as required by law, or has been excused from 
 attendance as provided in Section 2. And it shall be the 
 duty of such superintendent or teacher to furnish such 
 certificate upon application of parent or guardian or 
 person having such control of such child entitled to 
 same. — lb. 
 
 Sec. 7485-a;. — Owner of Workshop Employing Child 
 
 26 
 
DIOiBST OF SOHOOL DAWS. 
 
 Guilty of Misdemeanor, 8. Every owner, superintend- 
 ent or officer of any mine, factory, workshop or mercan- 
 tile establishment, and any other person who shall em- 
 ploy any child between eight and fourteen years of age 
 contrary to the provisions of this act, shall be deemed 
 guilty of a misdemeanor and, upon conviction, shall be 
 fined for each offense in a sum not less than five ($5.00) 
 dollars nor more than ten ($10.00) dollars and costs. — 76. 
 
 Sec. 7485-1/. — Prosecution Under This Act Brought 
 in Name of County. 9. Prosecutions under this Act shaU 
 be brought in the name of the county of Polk, Cleburne,, 
 Baxter, Madison, Franklin, Sebastian, Yell, Indepen- 
 dence or Scott, in the state of Arkansas, before any court 
 of record having competent jurisdiction. In cities having 
 fifty thousand population or more, and before any court 
 having competent jurisdiction in other districts, and the 
 fines collected shall be paid over to the county treasurer^ 
 to be credited to the general school fund of the city or 
 county. No bond for cost shall be required by any court 
 or officer in prosecution under this act. — lb. 
 
 Sec. 7485-2;. — Repealing Clause, Form of Synopsis 
 to be Published. 10. All laws in conflict with this law 
 are hereby repealed, and this Act to take effect and be 
 in full force from and after June first, 1909. 
 
 Notice to Parents and Guardians, as required in 
 Section 6 : 
 
 ^ First. Every child between eight and fourteen- 
 years old and between fourteen and sixteen years, not 
 regularly employed, must attend some day sdhool at least 
 half of the term each year — three or four months. 
 
 Second. No child can be excused on promise to at- 
 tend, he must attend first half of term before being ex- 
 cused on that account. 
 
 Third. Courts having jurisdiction, justice of the 
 
 27 
 
DLOEST OF SOHOOL LAWS. 
 
 peace> in rural districts, and cities having less than fifty- 
 thousand population, may excuse children from attend- 
 ing school for the following reasons: 
 
 (a) Parents cannot supply proper clothing, (b) 
 Child mentally or physically unable to attend, (c) No 
 public school within two and one-half miles of the home, 
 (d) Labor of the child is necessary to support family. 
 <e) Child has completed the common school course. 
 
 Fourth. No child between eigiht and fourteen years 
 can be employed in mines, factories, workshops or store, 
 unless excused for one of the five reasons, or has state- 
 ment from teacher that he has already attended half of 
 the term of that school year. 
 
 Fifth. It is the duty of the attendance officer and 
 district clerks to notify parents and guardians when dhil- 
 dren fail to comply with the provisions of the law. 
 
 Sixth. The penalty for nonattendance falls on par- 
 ent or guardian and in its maximum fee of twenty-five 
 dollars or imprisonment for thirty days, or one or both. 
 
 Seventh. For illegal employment of the child em- 
 ployers are subject to a fine of twenty-five dollars and 
 costs. 
 
 Eighth. Every school board shall publish this syn- 
 opsis in a newspaper of the district, or post in five public 
 places ten days before public school opens each year. 
 
 Note:— The following counties are under the provisions or 
 compulsory school attendance, Act No. 234, of 1909: Benton, 
 Prairie, St. Francis and Union. 
 
 The following counties are under the provisions of compulsory 
 school attendance. Act No. 347, of 1909: Baxter, Cleburne, Frank- 
 lin, Independence, Madison, Polk, Scott, Sebastian, Yell. 
 
 The following counties are under the provisions of compulsory 
 school attendance, Act No. 231, of 1911: Arkansas, Carroll, Clark, 
 Clay, Cleveland, Conway, Craighead, Crawford, Cross, Faulkner, 
 Fulton, Garland, Grant, Greene, Izard, Jackson, Johnson, Lawrence, 
 Logan, Miller, Mississippi, Nevada, Newton, Perry. Pike, Poinsett, 
 Randolph, Searcv, Sevier, Sharp, Stone, Van Buren, Washington, 
 White. 
 
 The following counties are under the provisions of no compul- 
 
 28 
 
DIOEST OF SCHOOL DAWlS. 
 
 sory school attendance laws: Ashley, Boone, Bradley, Calhoun^ 
 Chicot, Columbia, Crittenden, Dallas, Desha, Drew, Hempstead, Hot 
 Spring, Howard, Jefferson, Lafayette, Lee, Lincoln, Little River^ 
 Lonoke, Marion, Monroe, Montgomery, Ouachita, Phillips, Pope, 
 Pulaski, Saline, Woodruff. 
 
 COMMON SCHOOL FUND. 
 
 Sec. 7486. Sources of revenue, — The proceeds of 
 all lands that 'have been, or hereafter may be, granted 
 by the United States to this state, and not otherwise 
 appropriated by the United States or this state; also all 
 moneys, stocks, bonds, lands and other property now 
 belonging to any fund for purposes of education ; also the 
 net proceeds of all saies of lands and other property and 
 effects that may accrue to this state by escheat, or from 
 sales of estrays, or from unclaimed dividends, or dis- 
 tributive shares of the estates of deceased persons; also 
 any proceeds of the sale of public lands which may have 
 been, or may be hereafter, paid over to the state (Con- 
 gress consenting) ; also ten per cent of the net proceeds 
 of the sales of all state land, and it shall be the duty of 
 the state treasurer to set aside this ten per cent to the 
 credit of the common school fund when he receives the 
 proceeds of this sale from the state land commissioner; 
 also all the grants, gifts or devises that have been or 
 hereafter may be made to this state, and not otherwise 
 appropriated by the tenure of the grant, gift or de- 
 vise, shall be securely invested and sacredly preserved a& 
 a public school fund that shall be designated as the com- 
 mon school fund of the state, and which shall be the com- 
 mon property of the state, except the proceeds arising 
 from the sale or lease of the sixteenth section. Act 
 March 15, 1897. 
 
 No money or -property belonging to the public school fund, or 
 to this state for the benefit of schools or universities, s'hall ever be 
 used for any other than for the respective purposes to which it 
 belongs. Art. XIV, Sec. 2, Constitution. 
 
 29 
 
DIGEST OF SiOHOOL LAWS 
 
 Sec. 7487. Funds in doubt apportioned by court. — 
 The county courts of the various counties are authorized 
 and empowered to place to the 'credit of the common 
 school fund of the county, any and all school funds that 
 may be in the county treasury, derived from various 
 sources, and about which there is any doubt as to their 
 proper application with the county court, and that said 
 school funds, when so placed to the credit of the <iommon 
 school fund, shall be, by said 'county courts, apportioned 
 among the school districts of the county as is now pro- 
 vided by law\ 
 
 Sec. 7488. Principal from sixteenth section. — The 
 principal arising from the sale of the sixteenth section 
 of land shall never be apportioned or used. 
 
 Sec. 7489. Townships not \entitled to doubtful 
 fund. — Should any of the funds mentioned in this act 
 arise from the sa'le of said sixteenth section of land and 
 there should be any doubt as to the townships from 
 whence it came, then such townships as have not dis- 
 posed of the sixteenth section of land, or may have dis- 
 posed of the same and have the pro'ceeds placed to their 
 credit, shall not be entitled to any part of the interest 
 arising from said doubtful sixteenth section fund. Act 
 March 13, 1885, Sees, 1, 2. 
 
 Sec. 7490. Annuxd income from sixteenth section 
 fund and per capita tax. — The annual income from the 
 said fund, together with one dollar per capita to be an- 
 nually assessed on every male inhabitant over the age of 
 twenty-one years, and so much of the ordinary annual 
 revenues of the state as may hereafter be set apart by 
 law for such purposes, shall be faithfully appropriated 
 for maintaining a system of free common- schools for this 
 state, and shall be appropriated to no other purpose 
 -whatsoever. Act December 7, 1875, Sec. 2. 
 
 30 
 
DIGEST OF SCHOOL LAIWiS 
 
 Sec. 7491. State Treasurer required to pay rev- 
 enue to counties. — The state auditor shall, on requisition 
 from the state superintendent of public instruction, draw 
 warrants on the state treasurer for payment to the sev- 
 eral county treasurers of the school revenues due their 
 respective counties. 
 
 Sec. 7492. County collector required to pay per 
 capita tax into county treasury. — The per capita tax 
 levied by the general revenue laws of the state shall be 
 collected by the county collector at the same time and 
 place that the state taxes are collected, and be paid in 
 the county treasury on or before the first day of July of 
 each year, in the presence of the county court clerk, who 
 shall make a record of the same as revenue for the sup- 
 port of common schools. 
 
 Provided, however, that in all cases where the per- 
 son liable for the payment of su'ch per capita tax shall 
 have died since the last assessment of taxes, the collector 
 of taxes shall not collect such per capita tax, but shall 
 take credit for same. Act 46, Approved February 13, 
 1913. 
 
 The penalty collected for the nonpayment of taxes on personal 
 property is to be paid into the county school fund. See Sec. 7069. 
 
 Sec. 7492-a. — Per Capita Tax for Single or Special 
 School District; How Levied and Collected. 1. That 
 the per capita tax levied by the general revenue laws 
 of the state in any special or single school district in 
 which a treasurer of the school district is now or may 
 •hereafter be authorized by law and the tax for school 
 purposes levied by a vote of the qualified electors of 
 any such single or special school district shall be col- 
 lected by the county collector at the same time and 
 place that the state taxes are collected, and paid to the 
 treasurer of such single or special school district on or 
 
 31 
 
DIGEST OF 'SCHOOiL LAWS 
 
 before the first day of July in each year, such payment 
 tc be made in the presence of the secretary of the board 
 of schooil' directors of such special or single school dis- 
 trict, who shall make a record of same as a revenue for 
 the support of the schools of such single or special school 
 district. Sec. 1, Act 219, Approved March 29, 1913. 
 
 Sec. 7492-&. — Treasurer ^to Issue Duplicate Receipts 
 For. 2. That the treasurer of any such single or spe- 
 cial school district shall execute duplicate receipts for 
 all funds paid to him by the county collector pursuant to 
 this Act, one receipt to be delivered to the collector and 
 one to the secretary of the board of school directors of 
 such single or special sdhool district. Sec. 2, Act 219 
 Approved March 29, 1913. 
 
 Sec. 7493. Debts due common school fund shall 
 take precedence. — In payment of debts by executors and 
 administrators, the debts due the common school fund 
 shall have a preference over all other debts, except fun- 
 eral and other expenses attending the last sickness. 
 
 Sec. 7494. Officers not allowed fees. — No justice 
 of the peace, constable, clerk of a court or sheriff shall 
 charge any cost in any suit where the collector or any 
 other officer sues for the recovery of any money due to 
 the common school fund, if the plaintiff in such cause is 
 unsuccessful. Act January 11, 1853, Sees. 50 and 55. 
 
 Sec. 7500. Warrant of auditor required for pay- 
 ment of money. — All moneys belonging or owing to the 
 )common school fund, as mentioned in Section 7486, or 
 accruing as revenues therefrom, together with the state 
 school tax, shall be paid directly into the state treasury 
 and shall not be paid out except on the warrant of the 
 auditor. Act December 7, 1875, Sees. 5 to 8. 
 
 32 
 
DIGEST OF SCHiOOL ILiAJWIS 
 
 SUPERVISION OF PUBLIC SCHOOLS. 
 
 Sec. 7505. General assembly shall provide officers, 
 — The supervision of public schools, and the execution 
 of the laws regulating the same, shall be vested in and 
 confided to such officers as may be provided for by the. 
 general assembly. Art. XIV, Sec, 4, Const. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 
 
 Sec. 7506. Office of state superintendent created, 
 — At the next general election, and every two years 
 thereafter, there shall be elected a state superintendent 
 of public instruction, by the qualified electors of this 
 state, as state officers are now elected. 
 
 Duties of State Superintendent, 
 
 Sec. 7507. He shall take and file oath. — Before 
 entering upon the duties of his office, he shall take and 
 subscribe the oath prescribed for officers by the consti- 
 tution of this state, and shall file such oath with the 
 secretary of state. 
 
 Sec. 7508. He shall be general supervisor. — The 
 superintendent of public instruction shall be charged 
 with the general superintendence of the business relat- 
 ing to the free common schools of this state. 
 
 Sec. 7509. He shall open office at capitol. — He 
 shall open at the seat of the state government (at the 
 expense of the state) a suitable office, in which he shall 
 keep all books, reports, documents and other papers per- 
 taining to his department, and where he. shall be in 
 attendance when not necessarily absent on business, and 
 have personal supervision of the business affairs of his 
 office, and keep a clear and correct record thereof. 
 
 Sec. 7510. He shall furnish questions. — He shall 
 furnish suitable questions for the examination of teach- 
 
 33 
 
DIOEST OF SCiHiOOiL. LAWS 
 
 ers to the county examiners; he shall hold a teachers' 
 institute annually in each judicial district of the state, to 
 be called a normal district institute ; he shall arrange the 
 program exercises for each of such institutes, and pre- 
 side thereat. Provided, if he should not be present the 
 teachers Who may have assembled may organize and 
 bold such normal district institute. 
 
 That portion of this Section referring to institutes repealed by 
 Act May 2o, 190'7. 
 
 Sec. 7511. He shall furnish materials to county 
 examiners. — He shall prepare and transmit to the county 
 examiners school registers, blank certificates, reports 
 and other printed blanks, together with other suitable 
 blanks, forms and printed instructions to be forwarded 
 to directors and other school officers, as may be neces- 
 sary to aid such officers in making their reports and 
 carrying into full effect the various provisions of the 
 -school laws of this state. Act December 7, 1875, Secc\ 
 13-16. 
 
 Sec. 7512. He shall preparse poll hooks. — The supar- 
 intendent of public instruction shall prepare a form of 
 poll books to be used by the directors of the various 
 school districts of this state at their annual elections as 
 are now, or may hereafter be provided by law, and have 
 the same printed as other blanks for school purposes; 
 and shall transmit the same to the county examiner of 
 each county for distribution to school directors in the 
 same manner as other school blanks are now, or shall 
 hereafter be, distributed. Act March 2, 1877. 
 
 Sec. 7513. He shall he guardian of school fund, and 
 may hring suit. — He s^hall exercise such supervision over 
 the sichool fund as to ascertain the amount and disposal 
 made of the same, their protection and safety when in- 
 vested or deposited, and recommend measures for their 
 
 34 
 
DIGEST OF 30HIOOL LAlWS 
 
 •security and preservation, and for rendering them most 
 productive of revenue ; shall enforce the strict application 
 • of the school revenues to the legitimate purposes for 
 which they were intended, and shall When directed by the 
 commissioners of the school fund, cause to be instituted, 
 in the name, of the State of Arkansas, suits or actions for 
 the recovery of any portion of the said funds or said rev- 
 enues that may be squandered, illegally applied, or un- 
 •safely deposited. 
 
 Sec. 7514. — Annual report. — Includes what. — He 
 .shall, on or before the first day of November in each year, 
 prepare and submit to the governor of this state an an- 
 nual report, in writing, showing the number of persons 
 between the. ages of six and twenty-one years residing in 
 the state on the first day of the preceding July ; the num- 
 ber of such persons in each county; the number of ea<ih 
 sex; the number of white; the number of colored; the 
 whole number of sudh persons that attended the free com- 
 mon schools of the state during the year ending the 30 th 
 'day of the last preceding June, and the number in each 
 county that attended during the same period ; the number 
 of whites of each sex that attended, and the number of 
 icolored of each sex that attended the said schools; the 
 number of common schools in the state; the number of 
 pupils that studied each of the branches taught; the aver- 
 age wages paid teachers of each se.x ; the relative average 
 wages paid to made and female teachers respectively, 
 according to the different grades of their certificates; the 
 number of school houses erected during the year, the 
 material and cost thereof; the number previously erected, 
 the material of which they were constructed, their condi- 
 tion and value ; the number with their grounds enclosed ; 
 the counties in which teachers' institutes were held, and 
 -the number that attended the institutes in each county. 
 
 Sec. 7515. He shall likewise report the amount of 
 
 35 
 
DIGEST OF SCHOOfLi JjAJWE 
 
 permanent school fund belonging to the state at the close^ 
 of the fiscal school year, and the amount of other prop- 
 erty apportioned to sdhool purposes ; the nature, kind and 
 amount of such investments made of the same ; the safety 
 and permanency of such investments ; the amount of rev- 
 enue accruing from the schood funds ; the income received, 
 from the per capita assessments of each county, and the 
 amount derived from such assessment in all the counties 
 of the state; the income derived from all other sources, 
 together with the amount derived from each ; likewise in. 
 what sums, for what purposes and in what manner the- 
 said school revenue shall have been expended, and what 
 amount of school moneys of various kinds are in the* 
 various county treasuries unexpended. 
 
 Sec. 7516. Shall also report to general assembly. — 
 He shall include in his report such plans as he may have- 
 matured for the improvemejit of the common school sys- 
 tem of this state; for the accumulation, the investment 
 and the more judicious management of the common, 
 school fund, and, when he may deem it advisable, shall 
 recommend measures for a more economical and advant- 
 ageous collection and expenditure of the revenues accru- 
 ing from the said fund; and whenever it comes to his 
 knowledge that any of the investments of the school funds 
 are not safe, or that any portion of the said fund is liable 
 to be lost, that it is unproductive of revenue, or that any 
 of the school revenues have been diverted from their 
 proper channel or from the appropriate objects contem- 
 plated, he shall report the facts to the governor and to 
 the general assembly, if in session. 
 
 Sec. 7517. He shall make a statistical table. — He 
 shall also append to his report a statistical table, com- 
 piled from the materials transmitted to his office by 
 
 36 
 
DIGEST OF SOHIOOL LAIWiS 
 
 ^school officers, with proper summaries, averages and 
 -totals given. 
 
 Sec. 7518. Shall make comparison. — He shall pre- 
 rsent such comparison of results and such an exhibit of 
 his administration, and of the operation of the common 
 free school system, together with such statements of the 
 true condition of the schools of the state, as shall dis- 
 iinctly show the improvements and progress made from 
 year to year in the department of public instruction. 
 
 Sec. 7519. Report transmitted to General Assembly, 
 — The annual reports of the state superintendent to the 
 governor shall be transmitted by the governor to the 
 general assembly at the opening of the session. 
 
 Sec. 7520. He shall have reports published. — He 
 shall have his reports to the governor published as soon 
 as practicable after they have, been made, and shall cause 
 them to be distributed among the various school officers 
 of the state, to be kept on file in their respective offices. 
 JProvided, he shall not have more than five thousand 
 copies of such reports printed for any one year, the 
 printing of such reports to be let out as other contracts 
 for printing. Act December 7, 1875, Sees. 16-23. 
 
 Sec. 7521. He shall make a pro rata apportionment, 
 — He shall on the. first Monday of September of each 
 year make a pro rata apportionment to the several 
 counties of the state of the remaining revenues in the 
 state treasury available for distribution for school pur- 
 poses, on the basis of the number of persons between 
 the ages of six and twenty-one years, residing in said 
 •county, respectively, on the first day of July previous; 
 and he shall publish a statement of the same, as early as 
 practicable, shall transmit a copy thereof to each county 
 examiner and to each of the several treasurers in the 
 -state, and to each county clerk, who shall submit the 
 
 37 
 
DIOEST OF SCeOOLl UAJWiS 
 
 same to the county court at its next term; and he shall* 
 thereupon draw his requisition on the state auditor in> 
 favor of the treasurers of the several counties for such 
 amount as the said counties may be ejititled to receive 
 for the support of free common schools. Act April 23, 
 1901. 
 
 Sec. 7522. He shall publish acts of General Assew^ 
 hly and give opinions, — He shall, from time to time, pub- 
 lish in convenient pamphlet form, and furnish each school 
 officer, the acts of the general assembly relating to com- 
 mon schools, and the decisions of the courts having com- 
 petent jurisdiction in relation to the school laws; and he 
 shall likewise, at the request of any school officer, render 
 a decision relating to the intent, construction or adminis- 
 tration of any portion of the school laws on which deci- 
 sions shall not have been publislhed, and he may, when he 
 shall deem it advisable to have the opinion of the attor- 
 ney general, require said opinion to be given in writing. 
 
 It is the duty of the superintendent of public instruction to- 
 render decisions relating to the intent, construction, or adminis- 
 tration of any portion of the school laws. The attorney general is- 
 the legal adviser of the superintendent and not of scftiool officers. 
 
 Sec. 7523. He shall have access to auditors hooks, 
 — He shall; for the purpose of ascertaining the amounts,, 
 safety and preservation of the school funds, have access 
 to the auditor's books and papers, with full power to use 
 and inspect the same. 
 
 Sec. 7524. He shall deliver records to successor, — 
 At the expiration of his term of office, he shall deliver to 
 his successor possession of his office, together with all 
 books, records, documents, papers and other articles be- 
 longing or pertaining to his office. 
 
 Sec. 7525. He shall affix seal, — He shall affix the^ 
 
 38 
 
DIGEST OF SCiHOOLi UAfWIS 
 
 seal of the department of public instruction to all official 
 communications from his office. 
 
 Sec. 7526. Vacancy filled by appointment by Goo- 
 ernor, — Whenever a vacancy in the office of superin- 
 tendent of public instruction shall occur, from death, 
 resignation or otherwise, the governor shall appoint a 
 person of suitable attainments to serve the remainder of 
 the unexpired term. As modified by Amendment No, 3 
 to Constitution. 
 
 Sec. 7527. He shall not act as agent or receive gift, 
 — Neither the state superintendent nor county examiner 
 shall act as agent for any author, publisher or bookseller, 
 nor directly or indirectly receive any gift, emolument, 
 reward of promise of reward for his influence in recom- 
 mending or procuring the use of any book, school appa- 
 ratus or furniture of any kind wthatever, in any public 
 school; and any school officer who shall violate the pro- 
 visions of this section shall be deemed guilty of a mis- 
 demeanor, and subject to removal from office. Act D'Z- 
 cember 7, 1875, Sees, 25-30. 
 
 Sec. 7528. He may grant state certificates. — The 
 state superintendent of public instruction shail have 
 power to grant state certificates, which shall be valid for 
 life, unless revoked, to any person in the state who shall 
 pass a thorouglh examination in all those branches re- 
 auired for granting county certificates; and, also, in 
 algebra and geometry, physics, rhetoric, mental phil- 
 osophy, history, Latin, the constitution of the United 
 States and of the state of Arkansas, natural history and 
 theory and art of teaching. 
 
 state licenses are not granted to inexperienced t'eachers. Ap- 
 plicants for the same must present satisfactory evidence of having 
 taught successfully at least twenty months. 
 
 State licenses are granted, under the law, only on approved 
 examinations, conducted by the state superintendent. 
 
 39 
 
, DIOEST OF SOHOOL QLAWiS 
 
 While th-e law is silent as to the scope of the examination 
 naming the subjects only, tihe following outline will give an idea 
 as to the requirements: 
 
 * 
 Algebra, . ( Botany, \ 
 
 Natural History, ] Zoology, / Sucih matter as is comprehend- 
 
 ( Geology, > ed in the average high school 
 Physics, I text-books on these subjects. 
 
 General History, / 
 
 (Latin— Grammar and Composition; first four books of Caesar; 
 first two books of Virgil; first two orations of Cicero against Cati- 
 line, and his essay \De Senectute — or equivalent readings. 
 
 Geometry— Plane geometry, and first two books of solid 
 geometry, indluding exercises. 
 
 Rhetoric — With special reference to t(he essentials of English 
 composition. 
 
 Constitution of the United States and of Arkansas — Embracing 
 a study of the origin, subject-matter, and civic relations under the 
 same. 
 
 Theory and Art of Teaching, 1 . ^. „ ■, . , ^^. ^. ^ 
 
 Mental Philosophy, | "^^ discussed in works on these subjects. 
 
 Note — Holders of first grade certificates may not be exam- 
 ined on the common school branches. An average of 80' per cent, 
 will be required on ali subjects. IBelow 70 per cent, on any sub- 
 ject will be considered a failure thereon. 
 
 Sec. 7529. He may grant a professional license. — 
 The state superintendent of public instruction is author- 
 ized to grant a professional license, good in any county 
 of the state for a period of six years, to those who take 
 a satisfactory examination on the studies required for a 
 first grade, license, and in addition thereto, an approved 
 examination on the following subjects: Algebra, plane 
 geometry, general history, rhetoric and civil governmeni:. 
 Examinations for this grade of license shall be held 
 annually at at least two convenient points in the stats. 
 All applicants for this grade of license shall be required 
 to pay a fee of $5.00 into the state treasury. 
 
 Sec. 7530. Examinations — Time and manner. — 
 Examinations for state license shall be held annually at 
 the same time and place as the examination for profes- 
 sional license. All applicants for state license shall pre- 
 
 40 
 
MGEST OF SOHOOD IJAIWS 
 
 sent a certificate showing that they have paid the sum of 
 $10.00 into the state treasury. The fees obtained from 
 tJie applicants for professional and state license shall be 
 used for defraying the expenses incurred in holding the 
 examinations, and the remainder thereof shall constitute 
 an institute fund and a library fund for the office of the 
 department of public instruction, and upon requisitions 
 •of the state superintendent, the state auditor shall draw 
 warrants upon moneys to the credit of this fund in the 
 state treasury. 
 
 state and professional examinations are conducted eacfli year 
 coincident with the June examinations. 
 
 An appropriation by the legislature is necessary before this 
 fund can be drawn. 
 
 Sec. 7531. He shall recommend text-hooks. — He 
 shall prepare, for the benefit of the common schools of 
 the state, a list of such text-books on orthography, read- 
 ing in English, mental and written arithmetic, penman- 
 ship, English grammar, modern geograp(hy and history 
 of the United States as are best adapted to the wants of 
 the learner, and as have been prepared with reference to 
 the most philosophical methods of teaching those 
 branches, and shall recommend the said text-books to 
 teachers and to directors throughout the state. 
 
 This section is virtually repealed by the county uniformity law. 
 
 Sec. 7532. He shall prepare graded course of study, 
 — The state superintendent of public instruction is 
 hereby directed and authorized to prepare and have 
 printed for distribution to the various counties of the 
 state, within four months after the passage of this ace, 
 a graded course of study to be used in the common school 
 districts of this state, said course of study to embrace 
 only subjects required by law to be taught in said com- 
 mon schools, and to indicate the amount of work to be 
 
 41 
 
DIGEST OF SOHOOLi UAWiS 
 
 done during each year of the course. It shall be the^ 
 duty of the school directors to see that the course of 
 study is followed in each of their schools, as far as it is 
 practicable to do so ; provided, that the state superintend- 
 ent shall not designate or indicate any text-book to be 
 used in the schools, nor shall any teacher adopt or use 
 any text-books other than those adopted for use in the 
 district. 
 
 Sec. 7533. He shall adopt seal. — He shall procure 
 and adopt a seal for his office, and furnish an impression 
 and description of said seal to the secretary of state, to 
 be preserved in his office. 
 
 Sec. 7534. A copy made eqoml to original. — A copy 
 of any paper or document deposited or filed in the office 
 of the superintendent of public instruction shall, when 
 authenticated by the said seal, be evidence equal, to all 
 intents and purposes, with tihe original. 
 
 Sec. 7535. He shall prepare certificate forms and 
 registers. — The said superintendent shall prepare appro- 
 priate forms for three several grades of certificates to be 
 issued to teachers by the county . .examiners. He shall 
 prepare suitable school registers, in which teachers, at 
 the close of the school term, are to make their reports 
 to the trustees of the name and age of each pupil, the 
 date of each pupiFs entrance, the separate days on which 
 each attended school, the studies each pursued, the total 
 attendance; and, shall likewise prepare suitable forms 
 for the reports of directors and county examiners. Act 
 December 7, 1875, Sees. 33-37. 
 
 This register must be kept by each public school teaclier ac- 
 cording to the forms prescribed, before any charge can be made- 
 for services. 
 
 42 
 
DIGEST OF SOHOO'D OJAWiS 
 
 COUNTY NORMAL INSTITUTES. 
 
 (Acts 1907, Act 367, Approved May 23, 1907.) 
 
 Section 7539-a. — County Examiner to Hold Insti- 
 tute, 1. It shall be the duty of the county examiners, 
 of the various counties of the state of Arkansas to hold 
 one institute for the white teachers and one for the 
 negroes of one week each within the month of June in 
 each year; Provided, if there are any less than eight 
 teachers of either race in any county, the county exam- 
 iner may arrange the institute as may seem best to him, 
 and, provided further, that the county examiner may 
 appoint some competent person to take charge of and 
 conduct the institute for the negroes. 
 
 Sec. 7539-6. — State Superintendent Shall Outline 
 Work, 2. It shall be the duty of the state superintend- 
 ent of public instruction to outline the work in the com- 
 mon school branches to be done at the institutes, and all 
 of the time of said institute sihall be devoted to class work 
 in the branches of reading, writing, arithmetic, orthog- 
 laphy, grammar, geography, history of the United States 
 and the State of Arkansas, theory and practice and phy- 
 siology. 
 
 Elementary agriculture and horticulture added to above "by- 
 Act of May 31, 1909. 
 
 Sec. 7539-c. — Teachers Must Attend Institutes, 3 
 It shall be the duty of the teachers holding license to 
 teach in the public schools of the State of Arkansas, to 
 attend said institutes for the full time, unless excused by 
 the conductor, and to do the work outlined by the state 
 superintendent of public instruction. 
 
 Sec. 7539-cZ. — Examiner May Review License, 4. 
 The county examiner, on finding that the teachers in 
 attendance for not less than three days are entitled to 
 
 43 
 
DIGEST OF SOHXX))Ll UAJWIS 
 
 the grade of license they hold, shall endorse the same 
 at the close of the institute, and said indorsement shall 
 liave the effect of extending the license from the time of 
 its expiration for the time for which it was originally 
 itisued, provided, said license shall expire before the 
 -convening of the next institute; provided, the exam- 
 iner may endorse a third grade license issued at the 
 September examination next preceding the June insti- 
 tute, and providing further, that said teacher shall have 
 complied with the provisions of this act ; but no third 
 ^rade license shall be renewed more than once ; no second 
 grade license shall be renewed more than twice. 
 
 Sec. 7539-e. — Attendance at Other Institutes or 
 Normals, 5. Teachers who attend Peabody institutes 
 or other institutes or summer normals may have their 
 license renewed by any examiner to whom application 
 for renewal is made on presenting within ten days after 
 the close of such institutes or normals certificates of 
 attendance together with receipt from the county treas- 
 iirer for the payment of regular examination fee. 
 
 Sec. 7539-/. — Renewal — When Made. 6. Except 
 as provided above, endorsement shall be made only at 
 the close of the June institutes and only to teachers who 
 attend the institutes in the county in which application 
 for endorsement is made and the same fee shall be nv 
 quired for endorsements extending the time of licenses 
 as is required for regular examinations. 
 
 5ec. 7539-5r. — Those Holding State and Professional 
 License Shall Assist. 7. It shall be the duty of those 
 holding state and professional licenses to attend the in- 
 stitutes and assist the county examiner in conducting the 
 same and said licenses shall be endorsed as county 
 licenses, showing the attendance at the institute, and if 
 
 44 
 
DIGEST OF SCHOOLl LAWS 
 
 the same be not endorsed each year for five consecutive- 
 years, it shall be. null and void. 
 
 Sec. 7539-/^. — State Superintendent May Revoke 
 Licence. 8. The state superintendent of public instruc- 
 tion is hereby authorized and empowered to revoke the 
 dicense of any county examiner v^ho fails or neglects to 
 perform any of the other duties required of him by law. 
 Upon receiving notice of such revocation of the license of 
 p county examiner the county judge shall within twenty 
 days appoint another examiner in • accordance with the 
 law regulating the appointment of county examiners. 
 
 Sec. 7539-z. — Laws in Conflict Repealed. 9. AIL 
 laws and parts of laws in conflict herewith are hereby 
 repealed, and this Act take effect and be in force from 
 and after its passage. 
 
 COMMON SCHOOL DISTRICTS. 
 
 FORMATION. 
 
 Sec. 7540. Notice of change in district shall be 
 given. — ^When a change is proposed in any school dis- 
 trict, notice shall be given by the parties proposing the 
 change, by putting up hand bills in four or more con- 
 spicuous places in each district to be affected, one of said 
 notices to be placed on the public school building in each 
 affected district. All of said notices to be posted thirty 
 days before the convening of the court to which they 
 propose to present their petition; said notices shall give 
 V geographical description of the proposed change. Act 
 of April 8, 1891. 
 
 The assessment for taxation of the property rights of the rail- 
 way company in iSchooT District No. 84 was not affected by the 
 prior transfer of Jones School tax levied on the land out of which 
 the railway company's easement was carved. — School District No. 
 4 V. School No. 84; 93 Ark., 112, 124 S.W., 238. 
 
 CORPORATE POWERS OF SCHOOL DISTRICTS. 
 
 Sec. 7541. District shall be body corporate. — Eachi 
 
 45 
 
DIGEST OF SOHiqOL lL/AIWS 
 
 school district shall! be. a body corporate, by the name 
 and style of ''School District No. — , of the county of 
 
 ;" and by such name may contract and be contracted 
 
 with, sue and be sued, in any of the courts of this state 
 having competent jurisdiction. 
 
 EMINENT DOMAIN, IN CERTAIN COUNTIES. 
 
 Section 7541-a. — Districts to Have Power of Emi- 
 nent Domain. 1. The school districts in this state, are 
 hereby authorized to exercise the power of eminent 
 domain and to condemn, take and use private property 
 for the use of said school districts for school houses or 
 necessary play grounds or other necessary uses incidental 
 thereto. Act 376, Approved May 31, 1911. 
 
 Sec. 7451-&. — Must First Offer Just CompensatiotK 
 '2. Whenever any such district shall deem it desirable 
 or necessary to condemn, take or use any private prop- 
 erty for the purposes mentioned in section 1, it may 
 •condemn the same, first offering just compensation 
 therefor. Act 376, Approved May 31, 1911. 
 
 Sec. 754 1-c. — Proceedings for Condemnation, 3. 
 In case the owners of such property and the authorized 
 I'oard of directors of the school district shall not be able 
 to agree on the price to be paid for such property, the 
 said school district may file, in the circuit court of the 
 tiounty where such property is situated, condemnation 
 proceedings, in which they shall set out specifically 
 the description of the property desired, the purposes 
 for which it is desired, and that the said district and 
 the owner have not been able to agree upon a price 
 therefor, and may, if the use or enjoyment of the prop- 
 erty is needed forthwith for the construction of any 
 building or proper carrying on of any school, request 
 the court, or the judge thereof, at a convenient day, 
 
 46 
 
DIGEST OF SCeOOOj (LAJWS 
 
 Tiotice of such application being given such owner, to 
 fix a proper sum of money to be deposited as security 
 for the payment of such damages as may be assessed, 
 whereupon they shall have authority to take immediate 
 possession of such premises for uses as set up in their 
 petition. Act 376, Approved May 31, 1911. 
 
 Sec. 7541-d — Compensation to Be Fixed by Jury, 
 4. If the damages or proper compensation for such 
 property are not agreed upon before the case- is called 
 for trial in its regular order, a jury shall be empan- 
 eled who, after hearing all the testimony, shall fix the 
 compensation to be paid by such district, not exceed- 
 ing the actual value of the land taken, without taking 
 into consideration either detriment or benefit on account 
 of school use to said property or any adjacent property. 
 Act 376, Approved May 31, 1911. 
 
 Sec. '7541-e. — Payment and Vesting of Title; Act 
 Applicable to What Counties, 5. After the compensation 
 is so fixed by the jury, as in the preceding section pro- 
 vided, the school district shall, within sixty days there- 
 after, pay to the owner of said proptrty, or to the clerk 
 of the court wherein such verdict was rendered, the 
 amount of such verdict, and the court shall thereupon 
 enter an order condemning said property and vesting the 
 title in the same for school purposes in said district; 
 provided, either party shall have the right of appeal 
 from any such order or judgment. 
 
 The provisions of this Act shall apply to the follow- 
 ing named counties only: Howard, Jackson, Faulkner, 
 Logan, Arkansas, Woodruff, Cross, Madison, Pulaski, 
 Pope, Yell, Searcy, Sevier, Mississippi, Miller, Critten- 
 den, Baxter, Craighead, Montgomery, Cleburne, Sebas- 
 
 47 
 
DIOEIST OF SOHODD LiAIWS 
 
 tian and Little River. Act 238, Approved March 29^ 
 1913. 
 
 A school district, in seeking a recovery of funds illegally paid 
 on the warrants of its directors, does not exercise any of the func- 
 tions of the sovereign power. Clark v. Sdhool District No. 16, 
 84 Ark., 520; 106 S.W., 677. 
 
 Sec. 7542. Shall hold the title of lands. — Every dis- 
 trict shall hold in the corporate name of the district the 
 title of lands and other property which may be acquired 
 by said district for school district purposes. Act Decern^ 
 her 7, 1875, Sec, 53. 
 
 School districts are not liable for trespass committed by their 
 officers. School District No. 11 v. "Williams, 38 Ark., 454. See 
 School District v. Bodenhamer, 43 Ark., 140; School District v. 
 Reeve, 56 Ark., 68. 
 
 Mandamus can only be used after judgment against a school 
 district to force the payment of debt. School District v. Boden- 
 hamer, 43 Ark., 140. 
 
 School property is not subject to the tax and suit therefor, for 
 local improvements of a public nature. Board v. School District, 
 56 Ark., 3'o4. 
 
 Deed conveying land to people of school district Is sufficient. 
 Morris v. School District, 63 Ark., 149. 
 
 District may sue for trespass. lb.. May employ attorneys.. 
 Stat-e V. Aven, 70 Ark., 291. 
 
 Sec. 7543. Number required for formation, — No 
 new school district shall be formed having less than 
 thirty-five persons of scholastic age residing within the- 
 territory included in such new district, and no district 
 row formed shall, by the formation of a new district or 
 transfer, be reduced to less than thirty-five persons of 
 scholastic age. Act April 8, 1887, Sec. 2. See Sec. 7639. 
 
 Sec. 7544. County court may form districts. — The 
 county court shall have the right to form new school dis- 
 tricts or change the boundaries thereof, upon a petition 
 
 48 
 
DIGEST OF SOHIOOL ILAIWB 
 
 of a majority of all the electors residing upon the terri- 
 tory of the district to be divided. 
 
 This section contemplates a petition by a majority of the elec- 
 tors of all the districts combined, and not a majority of the electors 
 of each district separately. Hudspeth v. WalUs, 54 Ark., 134. 
 
 An admission that district was duly organized is conclusive as- 
 to its legal formation. Evins v. Batchelor, €1 Ark., 521. See 
 School District v. School District, 63 Ark., 543. 
 
 The order of the county court consolidating two sdhool dis- 
 tricts is finai, unless overruled by a higher court. P^ either the- 
 state superintendent nor the county examiner has any authority. 
 in the premises. 
 
 iSec. 7545. Law must govern formation. — Such ter-^v 
 ritory shall have the requisite number of children or- 
 property to comply with the now^ existing law in such, 
 case. 
 
 SEC. 7546. New district held liable for debt. — In' 
 the formation of new school districts that part of terri- 
 tory taken off from the old district or districts, shall be 
 held liable for a proportionate part of the old indebted- 
 ness of the former district or districts at the time of the- 
 nxaking of said new district. 
 
 Sec. 7547. County court shall divide surplus. — In^ 
 case there be a surplus fund on hand at the time of the- 
 formation of said district, it shall be entitled to a propor- 
 tionate part of said fund, the same to be ascertained and^ 
 determined by the county court of the county in which 
 said new district may be created, as in the judgment of 
 said court may be considered right and proper. Act 
 April 8, 1887, Sec. 3. 
 
 See Evins v. Batche-lor, 61 Ark., 521; District No. 15 v. District 
 
 Section 7547-a. — Two or more districts may be co'h^ 
 
 49 
 
DIGEST OF SCHOOIj LiAfWS 
 
 solidated. 1. Any two or more school districts in this 
 state may be organized into and established as a single 
 consolidated school district in the manner and with the 
 powers hereinafter specified. — Acts 1911, Act 116, Ap- 
 proved March 24, 1911.) 
 
 Sec. 7547-6. — Directors to submit question, when. 
 2. The board of school directors of each school district 
 proposing to enter into the consolidation may, and, upon 
 the written petition of ten per cent of the electors of the 
 district shall, at any annual election or at a special elec- 
 ion to be held for that purpose, which special election 
 shall be held not less than thirty nor more than sixty 
 days from the date of the presentation of the petition, 
 submit the question of consolidation to the electors of the 
 district. 
 
 Sec. 7547-c. — Mu^t give notice that question is to be 
 voted on, 3. The board of directors of the district shall 
 give notice that the question of consolidation is to be 
 voted on by posting notices in at least five public places 
 m the school district, and by posting a notice at the 
 school house of the district, at least five days before the 
 day of election. If a special election is held it shall be 
 held by the officers and in the manner provided in Sec- 
 tion 7591 of Kirby's Digest. The ballots shall have writ- 
 ten or printed on them, "For Consolidated School Dis- 
 trict" and "Against Consolidated School District." The 
 returns of said election shall be made to the clerk of the 
 county court. — lb. 
 
 Sec. 7547-d.—Duty of county court if majority vote 
 for consolidation. 4. If a majority of the qualified voters 
 of each school district proposing to enter into the con- 
 solidation shall vote "For Consolidated School District," 
 
 50 
 
' DIGEST OF SOHOOL LAWIS 
 
 it shall be the duty of the county court on the first day 
 or which the court may be in session after the returns 
 of the election have been filed with the county clerk, to 
 make an order dissolving said school districts and creat- 
 ii'g out of the same territory a new district to be desig- 
 nated "Consolidated School District No. — ." Said order 
 shall designate the place of holding the annual and spe- 
 cial elections of the consolidated district, which shall be 
 held at the time and in the manner now provided by law. 
 —76. 
 
 Sec. 7547-e. — Consolidated districts, how governed. 
 5. Between the date of the consolidation and the first 
 annual election the said consolidated school district shall 
 be governed by a board of directors composed of all the 
 directors of the several school districts entering into the 
 consolidation, but after the first annual election the con- 
 solidated school district shall be governed by a board of 
 six directors to be elected in the manner provided in Sec- 
 tion 7591 of Kirby's Digest by the qualified voters of the 
 consolidated district. At the first annual election after 
 the consolidation the six candidates receiving the highest 
 number of votes shall serve, two for three years, two for 
 two years, and two for one year, and they shall deter- 
 mine by lot which shall serve for these respective periods. 
 At each succeeding annual election two directors shall be 
 elected to serve for a term of three years and until their 
 successors are elected and qualified. Vacancies in the 
 board shall be filled as provided in Section 7682 of 
 Kirby's Digest. — /&. 
 
 Sec. 7547-/. — Board of Directors to organize and 
 hold regidar meetings. 6. Said board of directors shall 
 organize as provided in Section 7681 of Kirby's Digest, 
 and shall hold regular meetings, and have the powers? 
 
 51 
 
DIOEST OF SCHOOlLi iLAiWS 
 
 and discharge the duties prescribed in Section 7683 of 
 Kirby's Digest. — lb. 
 
 Sec. ' 7547-5^. — Powers of Board of Directors, 7. 
 Said board of directors shall have the power to purchase 
 or lease school house sites; to build, purchase or lease- 
 school houses, and keep them in repair; to purchase or 
 acquire the use of the necessary desks, seats, furniture, 
 fixtures, apparatus, books, stationery and school equip- 
 ment; to provide water; light and heat for school build- 
 ings, fence school grounds, erect out-houses, and make 
 any and all improvements necessary or proper for the 
 health, comfort or convenience of pupils; to provide 
 records, blank books and stationery for the board of 
 directors, and registry blanks and stationery for teach- 
 ers; to procure insurance on any property belonging to- 
 the district; to hire the necessary teachers, officers and 
 employees; to provide ample facilities and establish and* 
 maintain a sufficient number of grades in one consoli- 
 dated school to accommodate all the pupils in the con- 
 solidated district, if practicable; and, if not, to provide, 
 equip and maintain other schools in the district ; to de- 
 termine the branches to be taught and the text-books to 
 be used, in accordance with the laws governing special 
 school districts; to admit pupils from other school dis- 
 tricts, upon such terms as may be agreed upon with their 
 parents or guardians, or with the district from which 
 they come; to procure for pupils living in the district the- 
 privilege of attending school in other districts upon 
 terms to be agreed upon with such districts, and to pay 
 the charges therefor; to examine, from time to time, the 
 books and accounts of the county treasurer, so far as 
 they relate to the several funds belonging to the district;, 
 and to appoint a committee of three to serve during the 
 pleasure of the board of directors, whose duty it shall be 
 
 52 
 
DIGEST OF SOHOOL lAIWiS 
 
 to visit the school or schools of the district. The board 
 of directors shall also have power, when in the judgment 
 of a majority of said board the interests of the district 
 demand it, to sell, exchange or lease any property, real or 
 personal, belonging to the consolidated district, or which 
 belongs to any district merged into the consolidated dis- 
 trict, and a deed or bill of sale executed by the president 
 of said board of directors pursuant to a resolution of the 
 board shall pass all the right, title and interest of the 
 district to the purchaser or buyer. — lb. 
 
 Sec. 7547-/1. — Title to real estate, how vested, 8. 
 The title to all the real estate and other property belong- 
 ing to the several school districts entering into the con- 
 solidaed school district shall best absolutely in the con- 
 solidated school district. — lb. 
 
 Sec. 7547-z. — To be body corporate. 9. Each con- 
 solidated school district formed under this Act shall be 
 , a body corporate, and by its corporate name may sue and 
 be sued, contract and be contracted with, purchase, ac- 
 quire, lease, hold, sell and exchange property, and re- 
 ceive grants, gifts and bequests, and shall generally pos- 
 sess and enjoy all the corporate powers usually possessed 
 by bodies corporate of like character. — lb. 
 
 Sec. 7547-y. — Debts of the several districts paid, 
 how. 10. The board of directors of a consolidated 
 school district shall pay and discharge all the debts and 
 liabilities lawfully incurred by the several districts enter- 
 ing into the consolidated school district. — lb. 
 
 Sec. 7547-A;. — Penalty for refusal to serve as direc" 
 tor. 11. Any person elected a director of a consolidated 
 -school district who shall fail to perform the duties of 
 
 53 
 
DIGEST OF SCeOOL UAlWiS 
 
 such director, shall suffer the penalty named in Section. 
 7691 and Section 7692 of Kirby's Digest.— /&. 
 
 Sec. 7547-Z. 12. Section 7693 and 7694 of Kirby's 
 Digest shall apply to consolidated school districts formed 
 under this Act. — lb. 
 
 Sec. 7547-m. — Board to have power to borrow 
 money. 13. Consoldiated school districts shall have the 
 power to borrow money for the purposes and in the man- 
 ner provided in Sections 7696, 7697 and 7698 of Kirby's 
 Digest. In addition to such power, the board of direc- 
 tors shall have the power to borrow money for building 
 purposes, if authorized by a vote of a majority of the 
 electors of the district at any annual election. Such vote 
 may be "For Building Fund" or "Against Building 
 Fund," and shall state the amount of the building fund 
 tax which the voter desires levied. If a building fund is 
 voted, the amount of such tax shall be determined by 
 taking the largest amount or rate of taxation voted for 
 by a majority of the voters and if no rate shall have 
 received such majority, then all the votes cast for the 
 highest rate shall be counted for the next highest and so 
 on, till some rate voted for shall receive a majority of all 
 the votes cast. If a majority of the votes cast are "For 
 Building Fund" it shall be equivalent to voting a buildr 
 ing tax of the amount or rate as determined by this sec- 
 tion for each succeeding year until the money borrowed 
 by the board of directors, pursuant to such vote., together 
 with all interest thereon, shaill have been fully paid. 
 When a building fund has been specially voted for, as 
 provided in this section, the board of directors may 
 borrow money, and mortgage the real property of the 
 district as security therefor, under such conditions and' 
 regulations as to amount, time and manner of payment; 
 
 54 
 
DdGWEST OF SCeOOLl IJAIWIS 
 
 as the board of directors shall determine, and may, from 
 time to time, renew or extend any evidence of the indebt- 
 edness or mortgage issued or executed hereunder. All 
 moneys borrowed under this provision shall be placed in 
 the county treasury to the credit of the building fund of 
 the district, and the board of directors shall issue to the 
 person, firm or corporation advancing or ^lending such 
 money a certificate, signed by the president? and secre- 
 tary of said board, in the following form : 
 
 This is to certify that at the annual election held 
 on the day of , 19 , in Consoli- 
 dated School District No County, 
 
 Arkansas, a majority of the electors of said district cast 
 their votes "For Building Fund,*' and fixed the amount 
 or rate at mills; and that pursuant to the provi- 
 sions of an Act approved on the day of , 
 
 19 , the board of directors of said consolidated 
 
 school district have borrowed from the sum 
 
 of $ , for a period of years, which 
 
 amount, with interest at the rate of per cent per 
 
 annum from this date until paid, is to be paid from funds 
 
 arising from a tax of mills to be levied annually 
 
 upon the property in said district. 
 
 Witness our hands, as directors of said consolidated 
 
 school district, on this the day of 
 
 19 
 
 55 
 
DIGEST OF SOHOOL iLAJWlS 
 
 The said certificate shall be executed in triplicate 
 ^nd signed by a majority of the board of directors. One 
 copy shall be retained by the board, another shall be de- 
 livered to the lender, and the third shall be filed by the 
 i>oard of directors with the clerk of the county court. 
 Upon the filing of said certificate, it shall be the duty of 
 the county court to levy each succeeding year a building 
 tax, of the amount or rate voted for, against the prop- 
 -erty in said district, until the amount thus borrowed, 
 -with the interest due thereon, has been fully paid. Jt 
 •sliall be the duty of the county treasurer to pay to the 
 holder of said certificate, upon demand, any funds to 
 the credit of the building fund of said district, applying 
 the same first to the payment of the interest due. 
 
 Provided, That whether the vote be "For Building 
 Tund" or "Against Building Fund," this shall not pre- 
 vent the electors from voting for a building tax as now 
 provided by law. 
 
 Provided, further, That the county treasurer shall 
 receive no commission on the building funds of consoli- 
 dated school districts handled by him. — Ih. 
 
 Sec. 7547-n. — Funds of several districts transferred 
 to consolidated district, 14. All funds to the credit of 
 the several school districts dissolved and consolidated 
 under this Act shall be transferred to the credit of the 
 consolidated school district, and all outstanding debts of 
 the dissolved school districts shall be charged to and paid 
 hy the consolidated school district. — Ih. 
 
 Sec. 7547-0. — Board may provide for transportation 
 o/ pupils. 15. The board of directors shall have power 
 
 56 V 
 
OIGBST OF SOHIOOD liAIWIS 
 
 to provide such transportation for the pupils of the dis- 
 tricts as the board may deem advisable, and may pur- 
 chase, rent or hire conveyances for this purpose; or the 
 board of directors may enter into contracts with others 
 for transportation service, requiring proper bonds for 
 the faithful performance of the terms of said contracts. 
 :Such transportation shall be comfortable and safe, and 
 shall be governed by such rules and regulations as the 
 board of directors may prescribe. The cost of transpor- 
 tation shall be paid out of the school funds to the credit 
 of the consolidated school district. — lb. 
 
 Sec. 7547.-2?. — General laws to govern when applic- 
 ^able. 16. The provisions of the general school laws of 
 the state and the provisions of the special act for the 
 regulation of schools in cities and towns which are now 
 or may hereafter be in force, so far as applicable and not 
 inconsistent with or repugnant to this Act, shall apply 
 to consolidated school districts created under this Ac;, 
 but those provisions which are inconsistent with or re- 
 pugnant to the provisions of this Act shall not apply to 
 consolidated school districts; and this Act shall take 
 effect and be in force from and after its passage.. — lb. 
 
 Sec. 7547-g. — Consolidation on petition of electors. 
 1. Whenever a majority of the electors of any number 
 ■of school districts, which are contiguous, situated in 
 two or more adjoining counties petition the county court 
 of the respective counties for the formation of a com- 
 mon school district, a consolidated school district, or a 
 special or single school district, the county court, within 
 fifteen days after the filing of such petition, together 
 v/ith a map showing the total amount of territory to be 
 embraced in said proposed district and written descrip- 
 tion of the boundaries of the same showing all districts 
 
 57 
 
DIGEST OF SOHOOLJ UAWS 
 
 and parts of districts so embraced, shall order an elec- 
 tion, and specify the time for holding the same in each 
 district so petitioning. 
 
 The directors in each district shall serve as the 
 j udges of said election, together with two clerks select 3d 
 by the judges, who shall hold said election and shall 
 make returns of the election to the county ^lerk of the. 
 county in which such district is located. Notices of 
 such special election shall be posted in at least thre.e 
 public places in each district at least ten days befo.^e 
 such special election and such special election shall be 
 held in each district at the regular voting place. 
 
 The ballot of said special election shall be, "For 
 Common School District,'' "Against Common School 
 District," "For Consolidated School District," "Against 
 Consolidated School District," or, "For Special School 
 District," "Against Special School District" — as the 
 kind or class of said proposed district may have been 
 designated in said petitions. 
 
 If a majority vote of such election in each district 
 be for the formation of said proposed district, the county 
 court of the county in which such district is located at 
 its regular next time of meeting, shall make an order 
 of transfer of such districts or parts of districts to said 
 proposed district. Provided, in such transfer herein 
 mentioned no district shall be reduced to less than 35- 
 persons of scholastic age. 
 
 In the event however, a majority vote in any dis- 
 trict be against the formation of said proposed district, 
 then the district or part of district affected shall not be 
 
 58 
 
DIGEST OF ©GHIOOLI liAWIS 
 
 made a part of said proposed district. — {Act 450, Ay- 
 proved June 2, 1911.) 
 
 Sec. 7547'r, — Boaixl to he appointed by County 
 Court, when, 2. Whenever a district is formed under 
 the provisions hereinbefore set forth, such district shall 
 possess and have all the powers and privileges now given 
 to districts of the kind or class designated in said peti- 
 tion, as provided in section one of this Act. 
 
 When such district shall be formed as provided in 
 this Act, there shall be appointed by the county court of 
 the county in which the largest area of territory of such 
 district is situated a board of three, or six directors, as 
 the case may be according to the kind or class of district 
 so formed, from the electors of all the districts affected. 
 Said board of directors shall serve until the next annual 
 school election, at which election a board of directors 
 shall be elected in said district. Provided, that in the 
 case of common school districts there shall be elected a 
 board of three directors, one to serve one year, one to 
 serve two years, one to serve three years; and in the 
 case of consolidated, or special school districts, there 
 shall be elected a board of six directors, two to serve for 
 one year, two to serve for two years, and two to serve 
 for three years, and annually thereafter an election shall 
 be held in said district, as provided by statutes for an- 
 nual school elections for districts of the kind or class of 
 the respective districts formed under this act. — Ih, 
 
 Sec. 7547-s. — For certain purposes, district consid- 
 ered part of county from which largest portion was 
 taken. 3. For the purpose of administration of the 
 affairs of said district, such as making the annual and 
 enumeration reports, certifying the election of directors, 
 
 59 
 
DIGEST OF SOHOOfL UAIWIS 
 
 ^nd any and all other reports now required to be made 
 by directors and teachers, said district shall be consid- 
 ered a part of the county in which the largest area oi 
 territory of said district is located, and all such reports 
 as are required to be made to the respective officer of 
 such county. Provided, that the teacher or teachers of 
 said district is considered a part for the administration 
 of its affairs. Provided^ further, that persons living in 
 -any part of said district shall have the same right to 
 vote and to hold office as those persons living in any 
 ether part of the district. — lb. 
 
 Sec. Ib^l-t. — Tax voted, how reported. 4. The tax, 
 .amount and kind, voted in said district shall be reported 
 by the directors to the county clerk of each county in 
 v/hich any part of the county clerk of each county in 
 which any part of said district is located in order thiit 
 such tax may be levied and collected in the county in 
 v/hich any part of said district is located. 
 
 The tax, when so certified by the directors of said 
 <iistrict to the county clerk, shall be levied and collected 
 iii the same manner as is now prescribed by law, and 
 such tax, when collected shall be placed to the credit of 
 said district. Provided, that all polls and penalties 
 .assessed and collected within said district shall be cred- 
 ited to said district by the county court of the county in 
 which said polls and penalties are collected. Provided 
 further, that all moneys of whatsoever character, placed 
 tc the credit of said district in each county wherein any 
 ■of the territory of said district is situated, shall be paid 
 out by the treasurer of the county where same is held in 
 the same manner as is now prescribed for paying out 
 school moneys, upon the warrants of the directors of said 
 district, when such warrants are properly drawn. 
 
 60 
 
DIGEST OF SCHOOL LiAWlS 
 
 All laws applicable to districts of like, kind or class^ 
 shall be made applicable to all districts formed under thch 
 provisions of this Act. — lb. 
 
 Sec. 7547-2^. — Titles vested in new district. 5. The 
 title to all real estate and other property belonging to the 
 several districts and all school property v^ithin the parts- 
 of districts entering into said new district shall vest 
 absolutely in said new district. Provided, that all terms- 
 of school in session at the time said district is formed 
 and all contracts with teachers in the several districts- 
 forming said new district may not be interrupted or 
 annulled, but such terms shall continue to the end and 
 such contracts be fulfilled. 
 
 Repealing Clause : All laws and parts of laws in 
 conflict herewith are. hereby repealed and this Act, being- 
 for the immediate protection of the public peace, health, 
 and safety, shall take effect and be in force from and- 
 after its passage. 
 
 DISSOLUTION OF 
 
 Sec. 7548. County court may dissolve. — The county 
 courts of this state shall have power to dissolve any 
 school district now established, or which may hereafter 
 be established in its county, and attach the territory 
 thereof in whole or in part to an adjoining district or 
 districts, whenever a majority of the electors residing in 
 such district shall petition the court so to do. 
 
 Sec. 7549. Notice of dissolution shall he posted. — 
 When such dissolution is proposed, notice shall be given 
 by those proposing the same by posters in four public 
 places in the district. Said notices to be posted thirty 
 
 61 
 
DIGEST OF ©OHOOLi UAIWS 
 
 days before the meeting of the term of the court at which 
 ^uch peition is proposed to be presented. 
 
 Sec. 7550. Court shall proportion funds or indebt- 
 edness.— WheneYeYy under this act, any district shall be 
 .abolished, any indebtedness due by it, or funds on hand 
 to its credit shall be proportioned by the court among 
 the districts to which its territory has been attached, 
 according to the value of the territory each received, of 
 which action of dissolution and distribution of indebted- 
 ness or funds, as the case may be, the clerk of the court 
 shall give due notice to directors of each district affected, 
 .showing the territory attached to their district, and 
 credited to it, as the case may be. 
 
 Sec. 7551. Directors shall transmit records. — The 
 directors of the district dissolved, upon receipt of notice 
 -cf clerk, shall transmit, without delay, all of the records 
 of said district to the county examiner of the county for 
 preservation in his office. 
 
 'apportionment of school fund. 
 
 Sec. 7552. County court shall apportion. — The 
 -county court, immediately on receiving notice of the dis- 
 tributive share of school revenue apportioned by the 
 state superintendent to each county, shall proceed to ap- 
 portion to the several school districts of the county, in 
 proportion to the number of persons between the ages of 
 six and twenty-one years residing within the school dis- 
 tricts, respectively, on the first Monday of July previous, 
 the said school revenue apportioned to the county and 
 shall forward to the county treasurer, and to each of the 
 directors of each district, a statement of such apportion- 
 ment carefully distinguishing the sources from which the 
 school revenues so apportioned are derived, and the 
 
 62 
 
DIGEST OF SCHOOiL (LAIWIS 
 
 amount due each school district in the county from each 
 separate source, and shall see that the revenues from the 
 public school fund are invariably paid to the county and 
 to the school districts strictly in accordance with the ap- 
 portionment made to them. 
 
 An apportionment may be compelled by mandamus, and the 
 parents of children of scholastic age are prop-er parties to petition 
 therefor. Mattox v. Neal, 45 Ark., 121. 
 
 In the case of J. C. Merritt et al. vs. J. H. Merritt, County 
 Judge, appealed from Arkansas county, the supreme court, in Mav, 
 18^1, held: 
 
 "It was the duty of appellant, as county judge, on receiving 
 notice of the amount apportioned to the county, to proceed to ap- 
 propriate the same to the several districts upon whose enumeration 
 the superintendent made the apportionment. The duty was abso- 
 lute, and in its performance the country judge had no discretion. 
 Th-ere ig| no reason why a district should be kept out of its funds, 
 for any length of time, on account of county lines, and it is the 
 duty of the county judge to prevent it. If he fails to do his amy 
 its performance should be coerced." 
 
 This case clearly establishes the following principles: 
 
 1. The county judge must apportion common school funds 
 upon the enumeration of the apportionment as made l>y the super- 
 intendent and upon no other. iHe has no right to change the enu- 
 meration and apportionment. He simply appropriates to each dis- 
 trict the amount apportioned by the state superintendent. 
 
 2. This must be done without delay and despite changes in 
 county lines. 
 
 3. Duties are absolute and contain no element of discretion- 
 This principle apples to every school officer and teacher. 
 
 The amount of the per capita tax collected in the county should 
 be apportioned to the districts in proportion to their educable 
 children. 
 
 Sec. 7553. Apportionment to new districts. — When- 
 ever a new district shall have been formed and organ- 
 ized, the court shall, at the next apportionment made 
 thereafter, apportion to the new district, school revenues 
 in proportion to the number of persons between the ages 
 
 63 
 
DIGEST OF SOHOQL LlA^WiS 
 
 of six and twenty-one years reported by the directors of 
 the new district. Provided always, the number of per- 
 sons between the ages of six and twenty-one years re- 
 ported in any year by the district electors of each county 
 shall be taken as the quota of that county, and the num- 
 ber reported from each school district shall be taken as 
 the quota of that district, and that the only basis oa 
 which an opportionment of the school revenue shall be 
 made is to be the number of persons so reported each 
 year by the district directors. Act December 7, 1875, 
 Sees. 40, 41. 
 
 A special school district in which a common school district has- 
 been mer^d, is hound by all existing legal contracts made 'by the- 
 common school district. 
 
 Sec. 7554. County examiners shall report to clerk.. 
 — The county examiners of the several counties shall,, 
 annually, on or before the tenth day of August transmit, 
 verified by affidavit, to the county clerks of their re- 
 spective counties, a written report, showing the number 
 of persons between the ages of six and twenty-one years 
 residing in each school district in their respective coun-^ 
 ties, as shown by the reports of the district directors 
 made for the same year to the county examiners, as is 
 now required by law. Act April 23, 1901, Sec. 3. 
 
 Sec. 7555. County clerk shall report to court. — The 
 county clerks shall, during the first terms of their re- 
 spective county courts held after the reception of the 
 reports provided for in the preceding section, lay such 
 reports before such county courts, to be used as a guide 
 ir making the apportionment of the general school fund 
 to the various school districts. Act March 23, 1881. 
 
 Sec. 7556. Counties shall he reimbursed for loss. — 
 
 64 
 
DIGEST OF SOEDOOLi LAfWS 
 
 Any county which, by a change in county lines, or by th^ 
 formation of a new county or counties, shall fail to re- 
 ceive the school funds which justly should be appor- 
 tioned to it, from the fact of its school population bein^ 
 reckoned with that of the county or counties to which 
 the said funds may be apportioned, shall be reimbursed 
 for the loss thus incurred. Said loss shall be corrected 
 in the first apportionment of the school revenue there- 
 after. Provided, if such correction be not made in the 
 first apportionment thereafter, it may be made in the 
 second. 
 
 Sec. 7557. Loss home by original counties. — The 
 amounts refunded according to the provisions of Section 
 7556 shall be deducted from the funds apportioned to the 
 counties which were the original recipients of the erro- 
 neously apportioned revenues. 
 
 Mandamus wiU lie to compel apportionment as herein provided. 
 Merritt v. School District, 54 Ark., 468. 
 
 Sec. 7558. Auditor shall draw warrant for fund. — 
 Upon the presentation of the certificate of the superin- 
 tendent of public instruction of the amount or amounts 
 due any county, by the provisions of this act to the 
 auditor, he shall draw his warrant on the state treasurer 
 for said amount or amounts in favor of the treasurer of 
 said county for the benefit of the school fund and in com- 
 pliance with Section 7553. Act March 6, 1877. 
 
 COUNTY EXAMINERS AND COUNTY SUPERINTENDENTS. 
 
 Sec. 7559. County court shall appoint examiner, — 
 The county court of each county shall, at the first term 
 tliereof after each general election, appoint in each 
 county, not divided into two judicial districts, one county 
 examiner, and in each county divided into two judicial 
 
 65 
 
DIGEST OF SCHOOL. LAjWIS 
 
 districts, may appoint one county examiner for each dis- 
 trict, such examiner to be of high moral character and 
 .scholastic attainments. As amended by Act March 7. 
 1893. 
 
 A license from either district of a county, iwhere th«re are two 
 •<iistricts, is valid throughout the county. 
 
 OSTote: — ^^This section was amended in so far as it applied to 
 Xogan, Franklin, Yell and Clay counties by Act of May 4, 1911. 
 
 The appointment of a county •examiner becomes complete upon 
 the issuance to him by the superintendent of public instruction of 
 the license required.— In re Smith, 84 Ark., &35.; 106 S. W., 679. 
 
 Section 7559-a. 1. That at the general election 
 for state and county officials, and every two years there- 
 after, there shall be elected in the same manner, and 
 under the same restrictions as are provided by law for 
 the election of other county officials, a county superin- 
 tendent of schools for each county in the State of Ar- 
 kansas, who shall qualify as other county officials, and 
 who shall hold his office for a term of two years, or until 
 his successor shall have been elected and qualified. 
 
 Question must he submitted to electors. — Provided, 
 that before any county shall be authorized to elect a 
 county superintendent, the question of ''For County Su- 
 pervision" and "Against County Supervision," shall be 
 submitted to the qualified electors at the annual school 
 meeting held on the third Saturday in May in the years 
 preceding those in which the general state and county 
 elections are held, and if a majority of the electors voting 
 on the question in said election vote for County Super- 
 vision, then said county shall elect a county superintend- 
 ent as provided by this act. {Acts 1907, Act 399, At- 
 proved May 27, 1907.) 
 
 Counties having two judicial districts would not vot« sepaf- 
 
 66 
 
DIGEST OF SCJHOOL L.AWIS 
 
 ;aiely upon the question of county superintendency, a majority of 
 the vote of the whole county would govern. Where a district occu- 
 pies territory in more than one county, the votes of the election 
 shall be forwarded to their respective county seats. There can be 
 •no joint superintendency as a superintendent shall have jurisdic- 
 tion only over one county. 
 
 Sec. 7559-6. — Office of County Examiner abolished. 
 2. The present county examiner in each county shall 
 continue to perform the duties of his office, and to re- 
 ceive compensation therefor, until the county superin- 
 tendent shall be duly elected and qualified, in keeping 
 with Section 1 of this Act, upon which the office of 
 'County Examiner shall be and the same is hereby 
 abolished. 
 
 Sec. 7559-c. — Eligibility for County Superintend- 
 ent. 3. Before any person shall be eligible to the office 
 of county superintendent, he shall have attained the age 
 <of twenty-five years, shall have taught at least twenty- 
 four months in the county within five years preceding 
 his candidacy, and shall at the time of his candidacy hold 
 a- first grade teacher's license, to be approved by the. 
 state superintendent, professional teacher's license, or 
 jstate teacher's license, and he shall be eligible to re- 
 election without further examination. — lb. 
 
 Duties, 
 
 Sec. 7559-c?. — He shall hold examinations and gravt 
 licenses. 4. The county superintendent shall hold quar- 
 terly examinations, using questions furnished by the 
 state superintendent of public instruction, and shall 
 grant to persons of approved moral character, a license 
 ±0 teach in the public schools of the county in which the 
 examination is held under the following regulations: 
 
 Applicants receiving third grade license, which shall 
 
 67 
 
DIGEST OF SCHOOIL LAjWIS 
 
 be valid for six months, must pass an approved examina- 
 tion in spelling, reading, penmanship, English grammar, . 
 arithmetic, geography, and United States history. . 
 
 Also, elementary agriculture and horticulture. Act May 31, 
 1909. 
 
 Receiving a second grade license valid for one year,, 
 an approved examination in the subjects required for a 
 third grade license, and also in the history of Arkansas, 
 physiology, and theory and art of teaching. 
 
 Receiving a first grade license valid for two years,, 
 an approved examination in the subjects required for a 
 second grade license, and also in civil government, and. 
 elementary algebra. 
 
 He shall be empowered at the request of the school: 
 beard desiring the services of such teacher, and upon, 
 satisfactory evidence of qualification, to grant special 
 license to teach subjects not enumerated above, valid for- 
 two years and good only with reference to the teaching 
 of subjects mentioned therein. No persons shall be 
 granted an examination until he or she shall present a. 
 receipt from the county treasurer for two dollars paid 
 by him to the said treasurer, which amount shall b.e 
 placed to the credit of the fund for the payment of the 
 salary of the county superintendent. 
 
 Each teacher shall be authorized to teach only those 
 branches upon which he has passed an approved exami- 
 nation and Which he has been licensed to teach. — Ih. 
 
 Sec. 7559-e. — He shall keep account with districts. 
 5. He shall keep an accurate account with each school 
 district in the county, which shall include the name of 
 
 68 
 
DIGEST OF SOHOOL LAWS 
 
 •Kiirectors, amount debited and credited to each district, 
 
 - source of receipt and manner of disbursement. He shall 
 keep a record of all contracts made with the teachers and 
 all contracts made with the dealers for school supplies, 
 and no charts, maps, globes or other school supplies, 
 
 .shall be purchased by the directors unless the same shall 
 meet with his approval. He shall be required to furnish 
 
 , plans and specifications for the erection of new school 
 houses, subject to the approval of directors. He shall 
 file in his office a record of the amount voted for various 
 purposes at the annual May meeting of the electors of 
 the several districts of his county, and he shall not ap- 
 prove any warrant drawn for any purpose other than 
 those ordered at the May meeting. Within ten days 
 
 .after the annual school meeting the directors of the vari- 
 ous districts shall report to the county superintendent, 
 upon a blank provided for that purpose, the amounts 
 
 ^ordered expended by the directors of their districts for 
 the ensuing twelve months, also the number of mil's 
 -voted for school purposes. — Ih. 
 
 Sec. 7559-/. — Teachers required to file reports. 6. 
 He shall receive from each teacher monthly reports as to 
 their work, including the number of pupils enrolled, the 
 average number of daily attendance, the number in each 
 of the branches taught, the number of visits of directors 
 and patrons, and such other items as the state superin- 
 tendent may direct. He shall require the teachers to file 
 01 cause to be filed in his office a similar report for the 
 entire term of their schools, together with a copy of his 
 ■*daily register ; Provided, That in any school having more 
 than one teacher, the principal teacher thereof may file 
 •fone report for the entire school. — Ih, 
 
 Sec. 7559-5r. — He may refuse to grant license. 7. 
 
 69 
 
DIGEST OF SOHOOL; JjAMS 
 
 He shall not license any person to teach who is given to> 
 profanity, drunkenness, gambling, licentiousness, or 
 other demoralizing vice, and who does not believe in the 
 existtnce of a Supreme Being. He may cite to re-exami- 
 nation any person holding a license in his county, and on 
 being satisfied by re-examination, or by other means,, 
 that such person does not sustain a good moral charac- 
 ter, or that he has not sufficient learning or ability to 
 render him a competent teacher, he may, for these and* 
 other adequate causes, revoke the license of such persons. 
 In case of such revocation, he shall immediately give 
 notice thereof to such teacher and the director, and: 
 thereby terminate the contract between said parties, but 
 the wages of such teacher shall be paid for the time he- 
 shall have actually taught prior to the day on which he 
 received notice of the revocation of his license. — lb. 
 
 Sec. 7559-/1. — He shall prepare course of study and 
 help secure books. 8. He shall co-operate with teachers^ 
 and directors to secure in those counties, which have- 
 adopted county uniformity the use of the books which^ 
 have been adopted. In those counties which have not 
 adopted uniformity, he shall co-operate with teachers 
 and directors to have district adoptions as now required' 
 by law, and where adoption in districts may not be made,, 
 he shall strive to secure the use of those text-books in 
 most general use. He shall prepare a course of study f or 
 the use of schools of his county, following the plans sug- 
 gested by the state superintendent, and shall aid the 
 teachers in putting the same into successful operation in» 
 his county. — lb. 
 
 ; Sec. 7559-^ — He shall open and beep office. 0. 
 He shall have and maintain a suitably equipped office at 
 the county seat at the expense, of the county, and shalB 
 
 70 
 
DIGEST OF SCeoaU liAfWlS 
 
 keep therein a supply of blanks as may be furnished by 
 the state superintendent of public instruction to the 
 directors, and shall see that the various districts of his 
 county are supplied with the same. He shall also keep 
 in his office a record and description of each district in. 
 his county, making such changes and alterations in the 
 boundaries of the same from time, to time as the action 
 of the county court in forming new districts may require, 
 and shall keep an up-to-date map of the districts of his 
 county. He shall also keep a record of all official acts 
 and deliver the same to his successor in office. He shall 
 remain in his office during business hours on the second 
 and fourth Saturdays in each month to attend to his 
 official duties. — lb. 
 
 Sec. 7559-y. — He shall devote entire time to office, 
 10. He shall devote his entire time in the performance 
 of his official duties, and shall visit each school in his 
 county at least once during each year, and as often there- 
 after as practicable, remaining therein not less than three 
 hours on his first visit. He shall keep a record of each 
 visit, giving therein the condition of the school and all 
 official acts and recommendations made by him at the 
 time of such visit. He shall labor to create among the 
 people an interest in public schools, and shall give such 
 directions and shall make such recommendations and 
 suggestions to teachers and to school boards, as he may 
 deem needful to secure the best results in the instruction 
 of pupils, and he shall from time to time examine classes 
 and note the character of work that is being done. He 
 shall also, in addition to the annual county institute now 
 required by law to be held, divide his county into as 
 many districts as may be practicable, and hold in each 
 district at some place suitable to the convenience of the 
 teachers, during school terms, institutes for the purpose 
 
 71 
 
DIGEST OF SCJHOOL LAjWS 
 
 of instructing the teachers in methods of teaching, and 
 for the discussion of all matters pertaining to the inter- 
 est of schools. A district institute shall be only one day 
 ii' length, and all teachers of the district, unless excused 
 for sickness or other adequate cause, shall attend the 
 same, and for failure to do so their licenses may be re- 
 voked. His supervision as indicated in this act shall not 
 extend to cities or towns that have provided for the 
 supervisions of their schools. — lb. 
 
 Sec. 7559-A:. — Annual report — Contains what. 11. 
 He shall annually on or before the 10th of August, pre- 
 pare in tabular form an abstract of the reports made to 
 him by the. directors of the school districts embraced in 
 his county, showing the number of organized districts in 
 his county at the commencement of the year ; on the f ir^t 
 day of July preceding, those districts that have made 
 tneir annual reports, the number of persons in each dis- 
 trict between the ages of six and twenty-one years, dis- 
 tinguishing the sex, and also the color of "said person; 
 the number of said persons that attended school during 
 the year, and the number enrolled in private schools ; the 
 average number of males and females of each color in 
 daily attendanc, and the number that pursued each of 
 the studies designated to be taught in the common 
 schools, the number of teachers of each sex employed in 
 his county, the average wages paid per month to the 
 teachers of each sex according to the grade of certifi- 
 cate; the whole amount paid as teachers' wages in each 
 county; the number of pupils that studied in his county, 
 and the several branches taught; the number of school 
 houses erected during the year in his county, material 
 used in their construction, their condition and value ; the 
 grounds of how many inclosed, the amount of money 
 paid by tax in each district, for what purpose raised ; the 
 
 72 
 
DIGEST OF SOHOOL LA.WS 
 
 amounts that have been expended and for what purpose ; 
 the amount of revenue received by his county from the 
 common school fund, and received for the support of 
 schools from each of all other sources ; for what purpose 
 and in what sums the said revenues were expended, and 
 \/hat amounts unexpended were at the close of the school 
 year in the county treasury and shall report also the 
 number of deaf mutes and blind in each school district in 
 his county, between the ages of six and twenty-six years, 
 their names and postoffices. — lb. 
 
 Sec. 7559-1— Examination held. — Hotu. 12. The 
 county superintendent shall hold the quarterly examina- 
 tion on the third Thursday and Friday following of 
 March, June, September and December at the hours de.-?- 
 ignated by the state superintendent of public instruction 
 at the county seat of each county, in a suitable room to 
 bp provided by the county court, and using the questions 
 prepared by the department of public instruction. The 
 questions shall be mailed by the state superintendent of 
 public instruction under seal, and shall not be opened 
 until the day of the examination, and then in the pres- 
 ence of the applicants for license. He shall conduct ail 
 examinations in writing, but shall grant no certificates 
 of qualification except in accordance with the provision 
 of the law respecting teachers' certificates. He shall 
 grant private examinations only when public necessity 
 demands it, and then only on the written request of the 
 directors of the district in which the teachers propose to 
 teach. The examination papers of all persons licensed 
 shall be graded and filed for two years in the county 
 superintendent's office, subject to the inspection of the 
 state' superintendent of public instruction, or any school 
 director of the country. The questions furnished by the 
 state superintendent shall be used only at the time des- 
 
 73 
 
DIGEST OF SCHOOL LAWS 
 
 ignated for public examinations. The standing of eacb 
 applicant in each study must be endorsed on the certifi- 
 cate issued only upon • examination ; otherwise the cer- 
 tificate shall not be valid. — lb. 
 
 Sec. 7559-m. 13. That section 13 of Act 399 of the 
 Acts of the General Assembly of 1907, be and the same 
 ih hereby amended so as to read as follows: "The 
 county superintendent shall conduct a five days' insti- 
 tute during the month of June under the same directions 
 and requirements as is now required of county exam- 
 iners." (Acts 1911, Act 275, Approved Mmj 19, 1911.) 
 
 Sec. 7559-?^. 14. That section 14 of said act be and 
 the same is hereby, amended, so as to read as follows: 
 Section 12. "The compensation of the county superia- 
 tendent shall be paid out of the general school fund of" 
 their respective counties and shall be drawn by a war- 
 rant signed by the county clerk and allowed by the 
 county court or judge of his county. Said compensation 
 shall be as follows: Each superintendent shall receive 
 the same salary as the county judge of his county, but no 
 superintendent's salary shall exceed twelve hundred" 
 ($1,200.00) dollars a year, nor in any case be less than 
 six hundred ($600.00) dollars a year; provided, that 
 county superintendents shall receive the fees paid in 
 each county for examination for license to teachers, in 
 addition to the salary specified herein; and, provided' 
 further, that the salary for the last quarter of each year 
 of his service shall not be paid until the county treasurer 
 shall see in person that the proper records for the year- 
 have been filed among the permanent records of the 
 county superintendent's office." — lb. 
 
 Sec. 7559-0. — County court shall set aside fund for 
 
 74 
 
DIGEST OF S-OeOOlJ UAWS 
 
 salary. 15. For the purpose of paying the salary of the 
 county superintendent, as set forth in Section 14 of this 
 Act, the county court sliall at the first term after the 
 collector and the state shall have paid to the counuy 
 treasurer all funds due the common schools, before said 
 sums are pro rated or credited each district of the county, 
 set aside the salary herein mentioned, said salaries shall 
 be placed in the county treasury, to the credit of the 
 county superintendent, and shall be known as the 
 Tounty Superintendent's Fund." Said salary shall be 
 paid to the county superintendent quarterly and shall be 
 drawn by warrant, as provided in Section 14 of this Act. 
 (Act 399, Approved May 27, 1907.) 
 
 Sec. 7559-p. 16. That section 16 of said act be 
 and the same is hereby amended, so as to read as fol- 
 lows: "The fees paid for examination for license ta 
 teachers as provided in section 7567 of Kirby's Digest, 
 shall be set aside and paid to the county superintendent 
 of each county, as now paid to the county examiner, in 
 addition to the salary specified in above section." {Acts^ 
 1911, Acts 275, Approved May 19, 1911.) 
 
 Repealing Clause: That all laws and parts of 
 laws in conflict herewith be and the same are hereby 
 repealed, and this Act, being for the immediate protec- 
 tion of the health, peace and safety of the people, the 
 same shall take effect and be in force from and after its 
 passage. 
 
 Sec. 7559-(/. — He shall take oath. 17. Before en- 
 tering upon the. duties of said office, the county super- 
 intendent shall take and subscribe the oath prescribed 
 for other county officers by the Constitution of this 
 
 75 
 
DIGEST OF SOHIOOL liAiWS 
 
 State, and file such oath in the office of the county clerk. 
 {Acts 1907, Act 399, Approved May 27, 1907.) 
 
 Sec. lbb^-T,^Laws in refereyice to county examiner 
 shall a^ojoly, 18. That all laws and parts of laws ap- 
 plicable to the office of county examiner, not in conflict 
 herewith, shall be applicable to the office of county 
 ^superintendent ; and that all laws and parts of laws in 
 conflict herewith be and the. same are hereby repealed, 
 and that this act shall take effect and be in force from 
 and after its passage. 
 
 Sec. 7559-s. — What city schools exempt from Se-\ 
 7559-a to 7559-s, providing for a county ^^upenntendent. 
 19. Any city in this state,, including the territory an- 
 nexed thereto for school purposes, in which the number 
 of persons between the ages of six and twenty-one 
 years, exceeds five thousand, as shown by the report of 
 the school directors as provided for in Section 7633 of 
 Kirby's Digest, and which is situated in any county in 
 v/hich the Act of May 27th, 1907, creating the office of 
 county superintendent of schools has been adopted, shall 
 be and the same is hereby exempted from the provi- 
 sions of the said act. {Acts 1911, Act 444. Approved- 
 June 2, 1911.) 
 
 Sec. 7559-L — School hoard of such schools to have 
 control, 20. The school board of any such city, in ad- 
 dition to the powers now vested in it by law, shall de- 
 termine the course of study for schools under its charge 
 and shall fix the qualifications of teachers in the, schools 
 of such city. {Acts 1911, Act 444. Approved June 2, 
 1911.) 
 
 Sec. 7559-w. — Supeinntendent of city schools to li- 
 
 76 
 
DIGBST OF SCHOOL LAWS 
 
 cense teachers to teach therein, but not elsewhere, 21^ 
 Ihe superintendent of the city schools in any such city, 
 duly elected as such by the school board, shall have the 
 authority and perform the duty of a county examiner 
 as provided by law; provided, a license to teach issued 
 by any city superintendent shall be valid only for the 
 schools of the city in which issued for a term of two 
 years, subject to renewal upon such conditions as may 
 be fixed by the school board. (Acts 1911, Act. 444. Ap- 
 proved June 2, 1911.) 
 
 Repealing Clause: All laws and parts of laws in 
 conflict herewith, be, and the same are hereby, repealed, 
 ^^t^ld this act shall take effect and be in force from and 
 after its passage. (Ibid) 
 
 Sec. 7560. Prior appointments made valid. — Any 
 appointments heretofore made by the county courts for 
 the districts of such counties as are. mentioned in the 
 preceding section in which an examiner has been ap- 
 pointed for each district are hereby declared to be legal 
 and valid appointments. (Act March 20, 1883, Sec, 2.) 
 
 The examiner must have the qualifications of an elector. He 
 is an officer of the state— being a part of the executive department 
 of the stat«. A woman may not be appointed to this position. 
 
 The law authorizes, but does not require the appointment of 
 two examiners in counties having two judicial districts. 
 
 Sec. 7561. Examiner shall take oath. — Before en- 
 tering upon the duties of that office, the county exam- 
 iner shall take and subscribe the oath prescribed for of- 
 ficers by the constitution of this state, and file such 
 oath in the office of the county clerk. (Act March 7,. 
 1875, Sec, 43.) 
 
 77 
 
DiaBST OF SCHOOL liAW® 
 
 Sec. 7562. He shall stand examination. — All county 
 examiners shall be required, before entering upon the 
 duties of their offices, to stand the same examination as 
 is required of the teachers who receive first grade ii- 
 censes. 
 
 Before a county examiner enters upon his duties, be must se- 
 cure a license from the superintendent of public instruction. — In re 
 Smith, 84 Ark., 535; 106 S. W., 679. 
 
 Sec. 7563. .He is not eligible for director. — No one 
 shall fill the offices of county examiner and school direct- 
 or at the same time. 
 
 Sec. 7564. County clerk shall notify Superintend- 
 ent of\ appointment. — ^The clerk of the county court in 
 each county shall notify the superintendent of public 
 instruction of the appointment of the county examiner 
 in his county immediately upon his appointment, to- 
 gether with his name and address. 
 
 Sec. 7565. State Superintendent shall examine. — 
 The superintendent of public instruction shall either at- 
 tend in person or appoint some one duly qualified to ex- 
 amine such person appointed as county examiner, as to 
 his qualifications, using the same questions as are then 
 being used in the examination of teachers applying for 
 first grade license. 
 
 Sec. 7566. Compensation. — All county examiners 
 shall be paid such salary each year as may be fixed by 
 the county judge of the county for which he was ap- 
 pointed, out of the school fund of such county; provided, 
 such salary shall not be greater than the amount receiv- 
 ed by the county treasurer from the tax imposed in the 
 following section. 
 
 78 
 
DIGEST OF SCeOOIi iLAJWS 
 
 The intention of the statute was to fix the salary of an ex- 
 aminer at an amount equal to the amount paid in by the applicants 
 for examinations, and it was not intended to reduce the salaries 
 Already paid these officers. 
 
 The salary of the county examiner cannot be paid in county 
 ^crip. The law expressly says that it shall be paid out of the com- 
 mon school fund of the county. 
 
 Sec. 7567. Applicant for license must have receipt. 
 — No county examiner shall examine any one applyiag 
 to him for license as a teacher until he shall present a 
 receipt from the county treasurer for two dollars paid 
 by him to such treasurer to go to the credit of the county 
 school fund. {Act. March 7. 1893.) 
 
 The examiner's fee must be paid to the county treasurer and 
 not to the examiner. Any fee greater than two dollars is illegal. 
 This fee is the same for either public or private examinations and 
 Is to be paid for the examination and not for the certificate, it 
 should be paid to the county treasurer and a receipt taken before 
 the examination begins. 
 
 Sec. 7568. He shall examine and license teachers. — 
 it shall be the duty of such examiners to examine and 
 license teachers of common schools. He shall hold on the 
 third Thursday and Friday following of March, June, 
 September and December, at the hours designated by the 
 •slate superintendent of public instruction, at the county 
 seat of each county, in a suitable room to be provided by 
 the county court, and usihg the questions prepared by the 
 department of public instruction, a public examination 
 for that purpose. The questions shall be mailed by the 
 superintendent of public instruction, under seal, and 
 shall not be opened until day of examination, and then 
 ir the presence of the applicants for license. He shall 
 •conduct all examinations in writing and shall grant no 
 certificate of qualification, except in accordance with the 
 provisions of the law respecting teachers' certificates'. 
 
 79 
 
DIGBST OF SCHOOL OLA^WS 
 
 He shall grant private examinations only when public 
 necessity clearly demands it, and then only on the writ- 
 ten request of the directors of the district in which the 
 teachers propose to teach. The examination papers of 
 all persons licensed shall be graded and filed in the coun- 
 ty examiner's oflftce, subject to the inspection of the 
 state superintendent of public instruction or any school 
 director of the county. The questions furnished by the 
 state superintendent shall be used only at the time desig- 
 nated for public examinations. The standing of eacn 
 applicant in each study must be indorsed on the certifi- 
 cate issued only upon examination, otherwise the certi- 
 ficate shall not be valid. 
 
 The examination must be quarterly and public. The dates fixed 
 for thes'e quarterly examinations are the third Thursday and Friday 
 following of March, June, September and December. The written 
 questions are furnished by the state superintendent and are uni- 
 form throughout the state. The regulations as to the grading of 
 the certificates are furnished to each examiner with the questions. 
 He is positively forbidden to grant certificates without examina- 
 tion, or upon a partial examination. He is not authorized to issue 
 a license based upon a diploma or upon a license issued in anotlier 
 county or state. 
 
 Examination papers are a part of the public documents of the 
 county examiner's office- They are in no sense the property of th« 
 teacher by whom they are prepared. Oke all other public docu- 
 m'ents, they are open to inspection by any one desiring to examine 
 vhem, but they must not be removed from, the county examiner's 
 office. 
 
 The examiner is not required to. grant a private examination 
 or one held at any other than the regular quarterly dates. Pri- 
 vate examinations should be granted only when public necessity 
 demands. When granted they should be conducted in the same 
 manner and with the same regulations and requirements as are 
 the public quarterly examinations. 
 
 Sec. 7571. H^e shall grant license.— A\\ persons 
 present and applying for examination, with the in- 
 tention of teaching, the examiner, if convinced that 
 £uch persons are of good moral character and are com- 
 
 80 
 
DIGEST OF SCHIOOL LAiWS 
 
 petent to teach successfully the foregoing branches shall 
 give such persons certificates, ranking in grades to cor- 
 respond with the relative qualifications of the applicants, 
 according to the standard adopted. {See Sec. 7577.) 
 
 Sec. 7572. He shall not license in some cases. — He 
 shall not license any person to teach who is given to 
 profanity, drunkenness, gambling, licentiousness or oth- 
 ei demoralizing vices, or who does not believe in the 
 existence of a supreme being; nor shall he be required 
 tn grant private examinations, except as provided in 
 Section 7568. 
 
 The examiner must convince himself by evidence if the appli- 
 cants are unknown to him, that they are of good moral character. 
 He must exclude every person who is given to profanity, drunken- 
 ness, gambling, licentiousness, or other demoralizing vices. Such 
 vices may be refusal to obey the law as to institute work or regular 
 examination work. A positive refusal upon the part of an appli- 
 cant, or one holding a license, to obey the school law sbould ex- 
 clude him or take from him his license. Obedience to law is the 
 first mark of a true teacher, and no one may claim privileges under 
 it who refuses to obey it. He should ascertain by direct question 
 the belief of every person as to the Supreme Being. The words 
 "who is given to," mean either "habitual" or "habitual when oppor- 
 tunities afford." It requires no nice distinction to avoid extremes 
 at this juncture. If the applicant is given to these things so as to, 
 raise a question of doubt in the mind of the examiner, the applicant 
 should be excluded. The doubt must be resolved in favor of the 
 schools and not in favor of the applicants. He must show a posi- 
 tive moral character, one emphatically marked by the absence of 
 these vices and cannot rely upon the ordinary presumptions of 
 innocence. He must show himself clear or be excluded from thQ 
 state's schools. 
 
 Sec. 7573. He may re-examine and revoke license. 
 — He may cite to re-examine any person holding a li- 
 cense and under contract to teach any free school within 
 his county, and on being satisfied by a re-examination, 
 or by other means, that such person does not sustain a 
 good moral character, or that he has not sufficient 
 learning and ability to render him a competent teacher, 
 
 81 
 
DIGEST OF SCHOOL. LAWS 
 
 he may for these and other adequate causes, revoke the 
 license of such person. 
 
 In the case of Huff v. Lee, 61 Ark., 494, the supreme court held 
 that the examiner was not personally liable for damages for the 
 revocation of a teacher's license, provided he acted in good taitn 
 and without malice, and provided he gave the teacher due notice 
 and a fair hearing before revoking the license. 
 
 In the case of School District v. Maury, 53 Ark., 471, it was 
 held that the power given the examiner to revoke the license of a 
 teacher does not exclude the right of a board of directors to termi- 
 nate a contract for gross immorality or incompetency. Only the 
 Question of revocation for these two causes was raised in this 
 case, but it may be inferred that other adequate causes would 
 justify a board of directors in terminating a contract, without wait- 
 ing for a revocation of license by the county examiner. In all such 
 cases justice demands that the teacher be giveen a proper hearing 
 before final action is taken. 
 
 Sec. 7574. He must give notice of revocation to 
 teacher and directors. — In case of such revocation, ht3 
 shall immediately give notice, thereof to such teacher 
 and the directors, and thereby terminate the contract 
 between the said parties, but the wages of such teacher 
 shall be paid for the time he shall have actually taught 
 prior to the day on which he received notice, of the revo- 
 cation of his license. {Act April 14, 1893.) 
 
 Sec. 7577. He shall grant three grades of certifi- 
 cates. — There shall be three grades of certificates grant- 
 ed on the following conditions: Applicants receiving a 
 third grade license, which shall be valid for six months, 
 must pass an approved examination in spelling, reading, 
 penmanship, English grammar, arithmetic, geography 
 and United States history; receiving a second grade li- 
 cense, valid for one year, an approved examination hi 
 the subjects required for a third grade license, and also 
 in history of Arkansas, physiology and theory and art of 
 teaching; receiving a first grade license, valid for two 
 
 82 
 
DIGEST OF SOHOOL LAWS 
 
 years, an approved examination in the subjects required 
 for a second grade license, and also in civil government 
 and elementary algebra. He shall also be empowered, at 
 the request of school boards desiring the services of such 
 teachers, and upon satisfactory evidence of qualifica-r 
 tions, to grant special licenses to teach subjects not 
 enumerated above, valid for two years, and good only 
 with reference to the teaching of subjects mentioned in 
 said license. No person shall be granted an examination 
 until he shall present a receipt from the county treas- 
 urer for two ($2) dollars, paid by him to the said 
 treasurer, which amount shall be placed to the credit of 
 the common school fund of the county. Each teacher 
 .^hall be authorized to teach only those branches upon 
 which he has passed an approved examination and which 
 he has been licensed to teach. 
 
 Directors and teachers should notice this section. No teacher 
 can, without violating the .'aw, teach th<ose subjects in which ne 
 has not passed an approved examination. Directors cannot cause 
 him to do so. 
 
 Sec. 7578. He shall keep a record of each teacher, 
 , — He shall keep a record of the age, name, sex, post-of- 
 _fice address and nativity of each person licensed by him 
 to teach, and of the. date and grade of his certificate, and 
 shall include such record in his report to the state super- 
 intendent. 
 
 Sec. 7579. He shall instruct and encourage teach- 
 ers and patrons. — He shall encourage the inhabitants to 
 form and organize school districts, to establish public 
 schools therein, under qualified teachers, to furnish suit- 
 able text-books for their children and to send them to 
 school. He shall direct the attention of teachers and 
 .school patrons to those methods of instruction that will 
 
 83 
 
DIG-BST OF SCHOOU LAWS 
 
 .best promote, mental and moral culture, and to the mo^>t: 
 feasible and improved plan for building and ventilating 
 |scboolhouses. He shall labor to create among the people- 
 ^n interest in public schools, and shall take advantage of 
 public occasions, such as the. dedication of schoolhouses, 
 .public examinations and institutes, to impress people- 
 with the importance of educating every child, and con- 
 sequently of the duty of maintaining a system of free 
 schools established by law. He shall receive the reports 
 of the directors, transmit an abstract of the same to the 
 state superintendent, and transmit therewith a report of 
 the condition and prospects of the schools under his 
 superintendence, together with such other information 
 and suggestions as he may deem proper to communicate. 
 
 Sec. 7580. Annual report — Includes what. — He- 
 shall, annually, on or before the 10th day of August, pre- 
 pare in tabular form, an abstract of the reports made to 
 him by the directors of the school districts embraced 
 within his county, showing the number of organized dis- 
 tricts in his county at the commencement of the year, on 
 the first day of July preceding, the districts that have 
 jnade their annual reports, the number of persons in e.ach 
 district between ages of six and twenty-one years, distin- 
 jguishing the sex and also the color of said persons; the 
 number of said persons that attended school during the 
 J' ear; the average number of males and females of each 
 color in daily attendance; and the number that pursued 
 each of the studies designated to be taught in the com- 
 imon schools ; the number of teachers of each sex em- 
 ployed in his county; the average wages paid per month 
 rto the teachers of each sex, according to the grades of 
 their certificates; the whole amount paid as teachers' 
 ;wages in his county ; the number of pupils that studied in 
 
 84 
 
DIGEST OF SOHOOiL UlWR 
 
 ;his county, and the several branches taught; the number 
 of schoolhouses erected during the year in his countj% 
 material and the cost of the same ; the number before 
 .erected, the material used in their construction, their 
 condition and value; the grounds of how many inclosed; 
 the amount of money raised by tax in each district, for 
 >vhat purpose raised; the amounts that have been ex- 
 pended, and for what purpose; the amount of revenue' 
 rt^ceived by his^ county from the common school fund and 
 received for the support of the schools from each of all 
 ether sources; for what purposes and in what sums the 
 .said revenues were expended, and what amounts unex- 
 p nded were, at the close of the school year, in the coun- 
 ty treasury; and shall report also the number of deaf 
 mutes, blind and insane in each school district in his 
 •county, under thirty years of age, their names and their 
 4)ost-offices. 
 
 Sec. 7581. He shall number districts. — He shall 
 fiumber the several school districts in his county in reg- 
 ular order from number one upward, and shall keep in 
 jhis office a record and description of each district, with 
 the boundaries clearly defined, and also a record of such 
 "fchanges or alterations in the boundaries of each as shall 
 from time to time be made. 
 
 Sec. 7582. To hold institutes — may appoint. — He 
 shall have the power to appoint some suitable person to 
 hold teachers* institutes and examine teachers in his 
 -county in case of his inability to attend such institutes 
 and examinations. (Act December 7, 1875, Sees. 45-52.) 
 
 Sec. 7583. (Act March 11, 1881, Sec. 7.) This sec- 
 tion was repealed by Sec. 7539-h. In re Smith, 84 Ark., 
 533, 106 S. W. 679. 
 
 85 
 
DIGEST OF BOHOOU UAIWIS 
 
 Sec. 7584. Penalty for neglect of duty. — If any 
 county examiner shall neglect, fail or refuse to perform 
 tiny of the duties required of him in Section 7580, and 
 -shall not forward the abstract mentioned in said section 
 to the superintendent of public instruction on or before 
 the tenth day of August of each year, he shall forfeit to 
 the county the sum of twenty-five dollars, to be recovered 
 *is provided by law, together with all cost, and be paid 
 into the county treasury. {As amended -hy Act of April 
 23, 1901.) 
 
 Sec. 7585. County court may allow expenses. — 
 Each county examiner shall make out and present to the 
 county court of his county, at its first term after the thir- 
 /tieth of June in each year, an account of expenditures 
 |for postage, county district records, or a school district 
 pjap of the districts of his county, and of freight or ex- 
 /press charges for the transmission of blanks or sucii 
 ether expenditures as he may have actually and unavoid- 
 fably incurred, and the county court may allow the same 
 An any sum not exceeding twenty-five dollars in any one 
 year, including ten dollars for his report to the superin- 
 tendent of public instruction. 
 
 Sec. 7586. Coimty clerk shall issue tvarrant for ex- 
 penses. — When the county court shall have allowed the 
 laccount of the county examiner as provided in the pr^3- 
 vious section, the county clerk shall issue a warrant upon 
 the treasurer for said claim, and upon presentation of 
 'Said warrant to the county treasurer, he shall pay the. 
 same out of the common school funds in his hands be- 
 ilonging to the county and not yet apportioned to the sev- 
 eral school districts. {Act March 2, 1887, Sees. 2-3.) 
 
 Sec. 7587. Shall furnish pupils a certificate. — 
 
 86 
 
DIOEST OF SCHJOOL LAWS 
 
 When a pupil has completed the course prescribed in 
 Section 7532 and passed a satisfactory examination the 
 teacher and directors shall certify the same to the coun- 
 ty examiner, and thereupon he shall furnish to said pupil 
 a certificate to be supplied by the state superintendent, 
 and in the nature of a diploma, the same to be signed by 
 the state superintendent, and countersigned by the coun- 
 ty examiner and teacher of said pupil. 
 
 ANNUAL SCHOOL MEETING. 
 
 Sec. 7588. Who may hold meetings. — When held. — 
 That the male residents in each organized school district 
 in this state over the. age of twenty-one years, who have 
 Tpaid their poll tax and resided therein for thirty days, 
 and within the state for a period of one year, and in the 
 •county six months, previous to said elections, shall an- 
 nually on the. third Saturday in May at two o'clock p. m.., 
 hold a public meeting to be designated 'The Annual 
 School Meeting of the District," and each school district 
 for the purpose of school elections alone, shall be a polit- 
 ical township." {As amended by Act of January 10, 
 1897.) 
 
 Sec. 7589. Qualifications of voters. — All persons 
 qualified to vote for county and state officers at the gen- 
 eral election shall be deemed qualified electors of the 
 school district in which they reside, and shall have the 
 privilege of voting at all school meetings. 
 
 Sec. 7589-a. — What taxes to be levied at meetimj. 
 1. That Act No. 266 of the Acts of 1905 be and the same 
 is hereby amended to read as follows : 
 
 For the purpose of raising revenue to support the 
 state government, the charitable institutions of the state, 
 
 87 
 
DIGEST OF SOHOOlL (LAJWIS 
 
 and the common school, a tax shall be levied on the tax- 
 able property of the state, as follows : 
 
 For defraying the general expenses of the state gov- 
 ernment, including the charitable institutions of the 
 slate and to supply deficiencies, there shall be levied for 
 -each fiscal year beginning on the first Monday in Febru- 
 ary, 1907, one and three-fourths mills on the dollar; for 
 the support of common schools, three mills on the dollar. 
 There shall also be levied annually one dollar per capita 
 en every male inhabitant of the state over twenty-one 
 years of age for common school purposes. Provided, this 
 act shall not be construed to effect the levies provided for 
 in Sections 6493 and 242 of Kirby's Digest, and that pro- 
 vided for a Capitol fund by act of April 29, 1901, and the 
 act to pension ex^Confederate soldiers, approved March 
 4, 1907. 
 
 Sec. 7590. Quorum; Routine of Business. — The 
 electors of every school district shall, when lawfully as- 
 sembled in annual school district meeting, with not less 
 than five electors present, have the power, by a majority 
 of the votes cast at such meeting ; first, to choose a chair- 
 man; second, to adjourn from time to time; third, to ap- 
 point when necessary, in the absence of the directors of 
 ithe district, a clerk pro tern; fourth, to elect a director 
 for the district for the next three school years, who can 
 read and write; fifth, to designate a site for a school 
 house; sixth, to determine the length of time during 
 which a school shall be taught more than three months 
 in a year ; seventh, to determine what amount of money 
 shall be raised by tax on the taxable property of the dis- 
 trict, sufficient, with the public school revenues appor- 
 tioned to the district, to defray the expenses of a school 
 
 88 
 
MGBST OF SOHOOL liAjWlS 
 
 •for three months, or for any greater length of time, they 
 may decide to have a school taught during the year; 
 (provided, no tax for the purpose aforesaid greater than 
 ■seven-tenths of one per cent on the assessed value of the 
 property of the district shall be levied ; and, provided 
 further, they may if sufficient revenue cannot be raised 
 to sustain a school for three months during any one year, 
 determine by ballot that no school shall be taught during 
 ^uch year, in which case the revenue belonging to such 
 (district shall remain in the treasury to the credit of such 
 school district ; eighth, to repeal and modify their pro- 
 ceedings from time to time. 
 
 , Repealing Clause : All laws and parts of laws in 
 conflict herewith be and the same are hereby repealed, 
 and this act shall take effect and be in force from and 
 after its passage. {Acts 1907, Act 189. Approved 
 April 17, 1907.) 
 
 To be an elector he must have his name on the paid tax list or 
 -exhibit a poll tax receipt. 
 
 The power of the electors as enumerated in the above section 
 •may be considered briefly as follows: 
 
 1. To choose a chairman. This must be done in order that the 
 business of the meeting may be properly conducted. Failure to hold 
 the annual meeting would not set aside the election of school direc- 
 -tor and the voting of tax, if the polls are opened for these purposes 
 
 as provided in Section 7591 of the school law. 
 
 2. To adjourn from time to time. The annual meeting may be 
 vadjourned to another date for good reasons, but the election of di- 
 rector and the voting for or against tax could not be considered at 
 
 • an adjourned meeting. These matters must be settled at the meet- 
 ing held on the third Saturday in May. 
 
 3. To appoint a clerk. This is necessary in order that the re- 
 Hjuirements of Section 7632 may be met; also that a permanent re- 
 cord may be had of the proceedings of the meeting. 
 
 4. To elect a director who can read and write. Certainly a 
 reasonable requirement. In case there are to be elected two or more 
 •directors the ballot should show the length of time each is to serve. 
 
 89 
 
DIGEST OF.SdHOOU LAWS 
 
 5. To designate a site for a school house. Due notice shouia 
 be given in the annual school meeting notice, if the election of a 
 site is to be considered, ^ee Section 7629 of the school law. JJi- 
 rectors have no authority to change the site of a schooinouse, un- 
 less the electors in the annual school meeting vote that this be 
 done, and select the new site. 
 
 6. To determine the length of time the school shall iDe taugfit 
 more than three months in the year. It is expected that a school 
 be maintained in each school district for at least three months in 
 the year, if there be funds in the treasury available for that pur- 
 pose. The electors may vote to extend the term more than three 
 months. In the absence of any negative action on the part of the 
 electors, the directors would be authorized to extend the term be- 
 yond three months, if the funds in the treasury to the credit of the 
 district justify such extension. 
 
 7. To determine what amount of money sha'l be raised to de- 
 fray the expenses of the school. In order that the electors may vote 
 intelligently on this question, it is very important that the directors 
 submit the estimate required, in Section 7626 of the school law. 
 
 8. To repeal and modify their proceedings. The acts of the 
 electors at any school meeting may be repealed or modified at a 
 subsequent meeting within certain limitations. This does not ap- 
 ply to the invalidation of any contracts that may have been made, 
 unless by consent of both parties to the same, a repeal or modifica- 
 tion is effected. 
 
 Directors may permit a school to be taught for a shorter term 
 than three months, in the absence of an instruction to the contrary 
 on the part of the electors, though this is of doubtful expediency. 
 
 Besides these powers, the electors are authorized ' by Section 
 7614 to direct the sale or exchange of the site or schooinouse; and 
 by Section 7643, to direct the use of the schoolhouse with reference 
 to private schools; and by Section 7626, to direct the proceedings in 
 all actions and suits at law brought for or against the district, if 
 they elect to do so. 
 
 Directors have no power to build a schoolhouse with funds ot 
 the district unless authorized to do so at the May meeting, and a 
 contract made for such purpose under authority conferred by a spe- 
 cial meeting held in June is void. F!uty v. School District, 49 
 Ark., 94. 
 
 'Changing boundary of school districts. The people at an an- 
 nual meeting have no power to change the boundary lines of their 
 district, or to re organize the district. The law places such matters 
 in the hands of the county court. 
 
 School furniture can only be furnished by a common school dis- 
 trict from funds derived from a special tax for that purpose. Special 
 
 90 
 
DIGEST OF SCHOOL LAWS 
 
 school districts may buy school furniture out of any funds to their 
 credit. 
 
 Sec. 7591. Annual election — Hoiv held. — The an- 
 nual district election shall be. held by the school directors 
 as judges who shall have power to appoint two clerks; 
 and if any of the directors should not attend, the assem- 
 bled voters may choose judges in the place, of those not 
 attending, and the judges and clerks shall take the. oath 
 prescribed by the general election law ; jjrovided, that it 
 shall be lawful for the county court of any county at the 
 April term thereof to enter an order adjudging that the 
 -general election law shall apply to any school election to 
 be held in said county for said year, and thereupon it 
 shall be the duty of the sheriff of said county to publish 
 his proclamation of said election, and the county election 
 commissioners shall appoint judges to hold said election 
 in the respective school districts, and said election of di- 
 -rectors and the voting of said school tax shall be held 
 subject to and conform to all the requirements of the. 
 general election laws of the state of Arkansas ; but this 
 act shall not be construed to interfere with or in any way 
 .to diminish the rights and duties of the assembled elect- 
 ors as to the matters to be passed upon in open meetin,^;. 
 The expenses of the election herein provided for shall be 
 paid out of the general county fund as the expenses of 
 general elections are now paid. 
 
 The question as to who sha'l administer the prescribed oath is 
 answered in Section 2807, Kirby's Digest, as follows: 
 
 "In case there shall be no person present at the opening of any 
 election authorized to administer oaths, it shall be lawful for the 
 judges of the election to administer the oaths to each other and to 
 tbe clerks; and such judges shall have full power and authority 
 to administer all oaths that may be necessary in conducting any 
 election." 
 
 Unless the judges make return of the election or vote to the 
 
 91 
 
DIGEST OF SOHOOiL liAJWiS 
 
 'County court, it cannot levy tlie tax. Hodgkin v. Fry, 33 Arij:.,7ie. 
 
 (Even if it could be held that hy an order of the court the gen- 
 eral election laws could be made applicable to school elections, it 
 would be necessary in a suit to recover the penalty provided for a 
 violation of Section 1667, to allege the existence of such an order. 
 Brown v. Haselman, 79 Ark.,215; 95 S. W. 136. 
 
 Sec. 7 5dl-a.— Elections to be held when and for 
 what purpose, 1. That on the third Saturday in May 
 of each year after any special or single school district 
 shall have been organized, according to the provisions of 
 Act No. 321, of the General Assembly of the year 1909, 
 approved May 31, 1909, and annually thereafter, an elec- 
 tion shall be held at a school house or other convenient 
 place in said school district to be selected by the board of 
 <lirectors of said district and designated and advertised 
 by them in their notice of the annual school election re- 
 ciuired by this Act. Said election shall be for the pur- 
 pose of electing two directors who shall serve for three 
 years or until their successors are elected and qualified. 
 The ballot of the voter, in addition to the name of the 
 persons voted for as directors, shall have written or 
 ^printed on it the words, "For Tax" and "Against Tax,'' 
 ^.nd the rate, if any, the voter desires levied. (Acts 
 1911, Act 169. Approved April 7, 1911.) (Amendatory 
 to Act 321, 1909, see Sees. 7695-(i et seq.) 
 
 Sec. 759 1-&. — Notice to he given, and directors to 
 preside. 2. When any special or single school district 
 has been organized as provided by Act No. 321, of the 
 General Assembly of 1909, the board of directors shall 
 give notice of each annual election at least fifteen days 
 previous to such election by posting notices in at least 
 five public places in said district. The annual . district 
 ^elecl'ion shall be held by three members of the board of 
 directors as judges and two members as clerks, to be 
 
 ' 92 
 
DIGEST OF SiClHOOU LiAIWlS 
 
 selected for such purpose by the president of said board; 
 provided, if any of the directors, so selected to hold said 
 election, shall fail to attend, the assembled voters may 
 choose judges and the judges may choose clerks in the 
 place of those not attending and the judges and clerks 
 shall take the oath prescribed for judges and clerks by 
 the general election law. 
 
 Sec. 7591-c. — When polls to open and close, 3. The 
 judges shall cause the polls to be opened at nine o'clock 
 and closed at sunset. 
 
 Sec. 7591-cZ. — Returns of election to be made to 
 county clerk; Court to levy taxes. 4. The returns of 
 said election shall be made to the county clerk, who shall 
 declare the result of the votes for and against tax and 
 certify the same to the county court on the first day of 
 the term fixed by law for levying county taxes, and the 
 rate of taxes so certified shall be levied by the court as 
 other school taxes. 
 
 Sec. 7591-e. — Judges of election to give those elect- 
 ed director's certificates thereof. 5. The judges of said 
 jschool election shall within five days thereafter give to 
 each of the two persons securing the highest vote for di- 
 ,Tector a certificate of election, and each of said persons 
 (shall, within ten days after receiving said certificate, 
 rtake the oath of office prescribed by law for directors, 
 and file the same, together with his certificate of election^ 
 with the county clerk of his county and enter at once- 
 upon the duties of his office. 
 
 Sec. 7591-/. — Property of district under control of 
 directors. 6. The title to all real estate and other prop- 
 
 93 
 
DIGEST OF SCHOOL. OLAWS 
 
 erty for school purposes to any such special or single 
 school district shall vest, and hereby is vested in said 
 S'.-hool district, and shall be under the management and 
 control of the board of school directors of said district 
 as fully and completely as other school property belong- 
 ing so said district. 
 
 Sec. 7591-5^. — Districts known as Rural Special 
 .School Districts. 7. All school districts formed under 
 'the provisions of Act No. 321, of the General Assembly 
 «of 1909, and governed by the provisions thereof and the 
 X-Tovisions of this Act, shall be known and designated as 
 
 Rural Special School District No , in the order of the 
 
 •formation theredf which said number shall be designated 
 by the county court in its order for an election as pro- 
 vided in said Act of 1909, looking to the formation of 
 such district; provided, such districts as have heretofore 
 been formed under said act shall retain and be known 
 and designated by any name or number which such dis- 
 trict may have assumed ; and by such name such district 
 •may sue and be sued, contract and be contracted with ; 
 purchase, acquire, hold and sell property, receive gifts, 
 grants and bequests, and generally shall possess and en- 
 joy all the corporate powers usually possessed by bodies 
 corporate of like character. The style of the board cf 
 directors for such school districts shall be, "Board of 
 School Directors." 
 
 Sec. 7591-h,- Directors may horroiv money. — Ru- 
 ral special school districts shall have the power to bor- 
 row money for the purpose and in the manner provided 
 in sections 7696, 7697 and 7698, of Kirby's Digest. in 
 addition to such power the board of directors shall have 
 the power to borrow money for building purposes if au- 
 
 94 
 
DIGEST OF SCHJOOiL iLA^S 
 
 thorized by a vote of a majority of the electors of the 
 district at any annual election. Such vote may be "For 
 Building Fund," or ''Against Building Fund," and shall 
 slate the amount of the Building Fund Tax which the vo- 
 ter desires levied. If a Building Fund is voted, the 
 amount of such tax shall be determined by taking the 
 largest amount or rate of taxation voted for by a majoi'- 
 ity of the voters, and if no rate shall have received such 
 majority, then all the votes cast for the highest rat?, shall 
 be couned for the next highest and so on till some rate 
 voted for shall receive a majority of all the. votes cast. 
 If a majority of the votes cast are 'Tor Building Fund,'* 
 it shall be equivalent to voting a building tax of the 
 amount or rate as determined by this section for each suc- 
 ceeding year until the money borrowed by the board of 
 directors, pursuant to such vote, together with all the, 
 interest thereon shall have been fully paid. When a 
 'building fund has been specially voted for, as provided 
 in this section, the board of directors may borrow money, 
 and mortgage the real property of the district as secur- 
 ity therefor, under such conditions and regulations as to 
 amount, time and manner of payment as the board of 
 directors shall determine, and may, from time to time, 
 renew or extend any evdence of indebtedness or mort- 
 gage issued or executed hereunder. All moneys bor- 
 row^ed under this provision shall be placed in the county 
 treasury to the credit of the building fund of the district, 
 and the board of directors shall issue to the person, firm 
 or corporation advancing or lendng such money, a certi- 
 ficate, signed by the president and secretary of said 
 board, in the following form : 
 
 This is to certify that at the annual election, held on 
 tlie day of 19 , in Rural 
 
 95 
 
DIGEST OF BOHOOOU liAWS 
 
 Special School District No , 
 
 County, Arkansas, a majority of the electors of said dis- 
 trict cast their votes *Tor Building Fund," and fixed the 
 
 amount or rate at....: mills; and that pursuant 
 
 t the provisions of an Act approved on the day of 
 
 19 , the board of directors of said 
 
 Rural Special School District have borrowed from 
 
 the sum of $ , for a period 
 
 of years, which amount with interest at the 
 
 rate of per cent per annum from this date un- 
 til paid, is to be paid from funds arising from a tax of 
 mills to be levied annually upon the proper- 
 ty in said district. 
 
 Witness our hands as directors of said Rural Spe- 
 cial School District, on this the. day of 
 
 19 
 
 The said certificate shall be executed in triplicate 
 and signed by a majority of the board of directors. One 
 copy shall be retained by the board, another shall be de- 
 livered to the lender, and the third shall be filed by the 
 board of directors with the clerk of the county court. Up- 
 on the filing of said certificate, it shall be the duty of 
 the county court to levy each succeeding year a building 
 tax of the amount or rate voted for, against the property 
 in said district, until the amount thus borrowed, with the 
 interest due thereon, has been fully paid. It shall be the 
 duty of the county treasurer to pay the holder of said 
 
 96 
 
DIGEST OF SCHOOL. LiAWiS 
 
 certificate upon demand, any funds to the credit of th» 
 building funds of said district, applying the same first, 
 to the payment of the interest due. 
 
 Provided, that, whether the vote, be "For Building 
 Fund," or "Against Building Fund," this shall not pre- 
 vent the electors from voting for a building tax, as now 
 provided by law. 
 
 Provided, further, that the County Treasurer shaH 
 receive no commission on the building funds of rural 
 special school districts handled by him. 
 
 Sec. 759 1-i. — Laws relating to districts in towns 
 shall apply when not inconsistent. — All general laws of 
 this State relating in any wise to special or single school 
 districts in incorporated towns and cities and not incon- 
 sistent with this Act nor Act 321 of the General Assem- 
 bly of 1909, shall apply with the same force and effect 
 to rural special or single school districts as mentioned in 
 this Act, as to special or single school districts in incor* 
 porated cities and towns. 
 
 Sec. 7592. Ballot — Shall contain what. — The ballot 
 of the voter shall, in addition to the names of the persons 
 voted for as directors, have written or printed on it the 
 words, "for tax," or "against tax," and also the amount 
 cl tax the voter desires levied. 
 
 Sec. 7593. Judges shall make return to county 
 court. — ^When the polls are closed the judges shall pro- 
 ceed to count the votes, ascertain the result and make re- 
 turn thereof to the county court, showing he number of 
 votes cast for each person voted for for school director^ 
 also the number cast for and against tax, and the num- 
 
 97 
 
DIGEST OF SOHOOL IjAWIS 
 
 l)er of votes cast for each amount or rate of tax voted for ; 
 such return, together with the ballots, shall be sealed up 
 and delivered by one of the judges to the county clerk 
 within twenty days after the election, and it shall be the 
 duty of the. county clerk to make a record of these re- 
 turns and present the same to the county court when it 
 mieets for the purpose of levying taxes. (As amended hi) 
 Act of March 16, 1901.) 
 
 The annual school meeting is held at two o'clock. It is pre- 
 sumed that immediately after the regular business as prescribed 
 in iSection 7590, Kirby's 'Digest, is transacted, the polls will be 
 opened for the annual school election. The supreme court held, 
 in the case of Holland v. Davies, that the statute fixes no time for 
 the closing of the polls, and tlhat, "though the law has not been 
 strictly complied with, where no obstruction or impediment to a 
 fair expression of the will of the electors is shown" the election 
 should be considered valid. 
 
 A special school meeting can be called only for the election 
 of a director. 
 
 lit was also held in the same case that the omission of the 
 judges to state in the returns the number of votes cast for and 
 against tax will not defeat a levy adopted by the annual school 
 meeting. The court concludes as follows: "If the substantial re- 
 quisites of the vote appear, informalities and mere irregularities 
 should be overlooked and disregarded." 
 
 Sec. 7594. County court shall ascertain tax. — The 
 county court, at its said meeting for levying taxes, shall 
 take the record of the county clerk and ascertain wheth- 
 er a majority of the votes cast be for tax; and if a tax 
 has been voted, then the county court shall determine 
 the amount of taxes voted by taking the largest amount 
 or rate of taxation voted for by a majority of the voters, 
 which shall be levied and collected by the district so vot- 
 ing, and if no rate shall have received such majority, 
 then all the votes cast for the highest rate shall be count- 
 •ed for the next highest, and so on, till some rate, voted 
 for shall receive a majority of all the votes cast. {As 
 amended by Act of March 16, 1901.) 
 
 98 
 
DIGEST OT SOHOOIL LiAWiS 
 
 Sec. 7595. Taxes. — Levied and collected. — All tax- 
 -es voted for school purposes by any school district shall 
 be levied by the county court at the same time the county 
 taxes are levied, and shall be collected in the same man- 
 ner as the county taxes are collected, at the same tim.e 
 and by the same person, and be paid into the county 
 treasury, there to be ke.pt subject to disbursement on the 
 v^^arrant of the school directors; provided, no tax for 
 the purposes aforesaid greater than seven-tenths of one 
 per cent on the assessed value of the taxable property of 
 the district shall be levied, which shall be done by ballot. 
 
 The ceunt]^ court has no power to levy a school tax indepeii' 
 dent of action on the part of the electors of each school district 
 for which the tax is levied; it can only cause to be p'aced on the 
 tax books and collected such rates as are reported from the dis- 
 tricts. An excessive levy vitiates the w^ole tax. Worthen v. 
 Badgett, 32 Ark., 4%. iSee Ry. v. Parks, lb., 131; Rogers v. Kerr, 
 42 Ark., 100. 
 
 COUNTY UNIFORMITY OF TExT-BOOKS. 
 
 Sec. 7596. Electors shall vote on question. — ^The 
 electors of every common school district shall, when 
 lawfully assembled in annual district school meeting on 
 the third Saturday in May, with not less than five elec- 
 tors present, have the power, in addition to the powers 
 already provided by law, to vote on the question of 
 county uniformity in text-books. 
 
 A majority of all the electors voting at an election in tlie com- 
 mon districts, and not a majority voting on the quest'on, is neces- 
 sary to adopt county uniformity. Only those elector? residing in 
 common school districts are allowed to vote on county uniformity. 
 
 Sec. 7597. Ballot shall contain what. — The ballot of 
 the electors shall, in addition to the name of the persons 
 voted for as directors, and the words "for tax*' or 
 ""aganst tax," have written or printed on it "for county 
 ^uniformity" or "against county uniformity." 
 
 99 
 
DIOEST OF SCHOOL LAWS 
 
 Sec. 7598. County court shall ascertain vote. — The 
 county court at its regular meeting for levying taxes 
 shall open the returns and ascertain, in addition to its 
 other duties as now provided, whether the majority of 
 all the votes cast at that election in the county be "for 
 county uniformity," and if such be the fact the county 
 clerk shall within ten days thereafter so certify to the 
 county examiner and to the state superintendent of pub- 
 lic instruction. 
 
 The design of the law makers was simply to designate the term 
 of court at which the votes should be canvassed and to name the 
 county court as the agency therefor. The legislature did not in- 
 tend to confer upon the quorum court jurisdiction, to determine- 
 whether county uniformity carried. Firestone v. White, 71 Ark., 
 Ill; 71 S. W., 250. 
 
 Sec. 7599. County uniformity board — How ap- 
 pointed. — In each county in which a majority of all the 
 votes cast shall be "for county uniformity," the county 
 examiner, together with two resident teachers of the 
 county, holding first grade certificates, to be appointed 
 by the state superintendent of public instruction within 
 thirty days after receiving notice as in above section, 
 and two citizens of the county interested in the public 
 schools, to be appointed by the county judge within thir- 
 ty days, shall constitute the. county school book board, 
 who shall take the oath of office prescribed by the con- 
 stitution of the state, and who shall serve until their 
 successors are appointed and qualified in like manner. 
 
 Sec. 7600. County uniformity board — Duties. — 
 The county examiner, who shall be chairman of the 
 county school book board, shall call its members to meet 
 together at the county seat in the courthouse on or be- 
 fore the third Tuesday in November, for the purpose 
 for which the board is constituted. The board, after it» 
 
 100 
 
DIGEST OF SCHOOL. liAWlS 
 
 organization, shall proceed to carefully examine and 
 compare the school text books and their prices, which 
 may be submitted for its consideration, and shall within 
 ^ixty days, by a majority vote of all its members, select 
 and adopt a list or series of school text books on the fol- 
 lowing subjects, to-wit: Writing, spelling, reading, 
 arithmetic, language lessons, English grammar, geo- 
 graphy, history of Arkansas and of the United States, 
 civil government of Arkansas and of the United States, 
 physiology and hygiene and elementary algebra, for uni- 
 form use in the common school districts of the county 
 for a period of six years from and after their adoption. 
 In making such adoptions, the county school book board 
 shall give due consideration to the school text books 
 which are used in the majority of the school districts of 
 the county, and to the wishes and recommendations of 
 the teachers and school patrons, as may be expressed to 
 the board by petition or otherwise; provided, equally as 
 good terms can be obtained for the regular supply of the 
 books already in general and satisfactory use in the 
 schools of the county and for any exchange of books 
 required, as can be obtained from publishers of other 
 school books of equal merit and workmanship ; and pro- 
 iHded further, that no school books shall be adopted the 
 price of which exceeds the price at which said books are 
 furnished or sold to school patrons inany other state or 
 territory. 
 
 Act 315, May 31, 1909, requires adoption of text on elementary 
 agriculture and horticulture. (See Section 76i22d et seq.) 
 
 Sec. 7601. County uniformity board — CompensOr- 
 tion. — The county school book board shall be in session 
 not to exceed ten days in any one year and each member 
 of the board shall receive two dollars ($2.00) per day for 
 ^chf day he shall serve, to be paid out of the common 
 
 101 
 
DIG-EST OF SOHOOlL IjAWS 
 
 school funds of the county. The chairman of the boardi^i 
 shall file with the county clerk a statement showing the 
 number of days each member has served, and the county 
 clerk shall issue his warrant on the county treasurer in 
 favor of each member in accordance with such statement, . 
 payalble out of the common school funds of the county. 
 
 Sec. 7602. Penalty for using other books. — The 
 county examiner shall keep a record of the proceedings 
 of the county school book board and the books adopted by 
 it for uniform use in the schools of the county, with the • 
 contract prices of the same, of which adopted list and . 
 prices he shall, give due notice to the teachers and school 
 directors of the county by circular letters or otherwise.. 
 The books so adopted shall be brought into exclusive use 
 in all the, public schools of the county as soon and as rap- 
 idly as practicable ; and any teacher or school director 
 permitting any other book or books than those adopted 
 by the county board ^ to be used in the schools under their - 
 charge after one year from the date of their adoption, 
 shall be subject to a fine of not less than fifteen dollars 
 ($15.00), and any person selling any book so adopted to 
 a school patron at a price, greater than the contract price- 
 thereof, shall be subject to a fine, of not less than ten dol- - 
 lars ($10.00) ; provided, that nothing in this act shall be 
 so construed as to prohibit any board of school directors, 
 superintendent or teacher, from using readers or other 
 books for supplementary purposes, but no such supple- - 
 mentary books shall take the place of any adopted book 
 on the county list. 
 
 Sec. 7603 Publisher shall deposit books and give 
 bond. — Before any school book may be lawfully adopted 
 by .any county school book board in this state, its publish- 
 er shall deposit in the office of the state superintendent- 
 
 102 
 
DilGIEST OF SCHOOL LI^WS 
 
 of public instruction a sample or standard copy thereof, 
 with its regular or wholesale mailing price plainly writ- 
 ten or stamped therein, together with a written proposi- 
 tion to furnish such school books to any school or school 
 board, or to their authorized agent at the lowest whole- 
 sale or mailing price thereof. And any publisher making 
 a proposition to the state superintendent for furnishing 
 school books in this state, shall file with the auditor of 
 state a duplicate copy of his or their proposition to the 
 state superintendent* and shall enter into a bond to and 
 with the state of Arkansas in the sum of twenty thous- 
 and dollars ($20,000) for the faithful performance of 
 his or their stated proposition. Said bond to be. mad« 
 through some reputable guaranty company. 
 
 Sec. 7604. Publisher required to make contract. — 
 That each county chool book board, before adopting any 
 text-books, shall require, its publishers to deposit in the 
 office of the county examiner a sample or standard copy 
 cf the same, and after its adoption, shall require said 
 publisher to enter into contract with it, to furinsh said 
 text-books j so adopted for the entire period of its adop- 
 tion and use in the schools of the county at its lowest 
 wholesale or mailing price as certified by the state super- 
 intendent; and shall require the publisher of each and 
 every school book so adopted to guarantee and maintain 
 the mechanical quality and execution of such book equal 
 to the sample or standard copy thereof filed in the office 
 of the county examiner, and no county school book board 
 shall adopt any school book whose publisher shall not 
 have complied as to said book with the provisions of this 
 act. 
 
 Sec. 7605. Special district board may adopt. — The 
 board of directors of special school districts in any coun- 
 
 -103 
 
DIGEST OF SOHOOL ]jA.WS 
 
 ty ^Mch shall adopt a uniform series of books, as pro- 
 vided in this act, shall have the option of adopting the 
 county uniform series or a different series, in whole or in 
 pkirt, for use in its schools. 
 
 • Sec. 7606. Counties voting, "against uniformity/' — 
 In counties in which the vote, is "against uniformit}"" 
 there shall be no change in the school books in use in the 
 public schools therein for qne year ; provided, the publish- 
 ers of the books so in use shall furjiish them upon the 
 same terms as the same books are furnished in Counties 
 voting "for county uniformity," according to the provi- 
 sions of' this act. 
 
 SCHOOL DIRECTORS. 
 
 ■ Sec 7607. Directors — When elected How. — At the 
 m-nnual school meeting, held on the third Sunday in May, 
 there shall be elected by the legal voters in each school 
 district a director, who shall hold office for the term of 
 three years, and until his successor shall have been elect- 
 €d and have qualified. Provided, at the first annual 
 school meeting of the district after the passage of this 
 jact, three school directors shall be elected, to hold office 
 one, two and three years respectively. Provided 
 further, when a new school district shall have been 
 formed under the provisions of this act, three directors 
 shall be immediately elected by the electors of the nev/ 
 district, and shall hold their office for one, two and three 
 years respectively, and until their successors are elected 
 and qualified, as herein provided for. Act December 7. 
 1875, Sec. 57, as amended by Act March 11, 1881, Sec. 2, 
 and Act January 30, 1889. 
 
 Sec. 7608. Directors shall take oath and file certifi- 
 cate. — The judges of any school election of this state for 
 
 104 
 
DIGEST OF SCHOOL LA WIS 
 
 school directors shall within five days after said election 
 give to the said elected director a certificate of his elec- 
 tion, who shall within ten days thereafter take the oath 
 of office prescribed for directors, and file the same, to- 
 gether with his certificate of election, with the county 
 clerk of his county, and enter at once upon the duties of 
 his office. Act January 30, 1889. 
 
 Sec. 7609. Oath — Who shall administer. — An old 
 director shall, upon an application of an incoming direct- 
 or, administer to him the oath of office. Act March 11, 
 1881, Sec, 5. 
 
 Sec. 7610. Director fined for refusing to serve. — 
 Any person who shall have been elected or appointed a 
 director, and shall neglect or refuse to qualify and serve 
 as such, shall forfeit to his district the sum of ten dollars, 
 which may be recovered by action against him at the in- 
 stance of any elector in the district, and which, when 
 collected, shall be paid into the county treasury by the of- 
 ficer before whom the action was maintained, and added 
 by the treasurer to the school fund revenues appropriat- 
 ed to the district. 
 
 Sec. 7611. Directors fined for neglect of duty. — 
 Any director who shall neglect or fail to perform any du- 
 ties of his office shall forfeit to his district the sum of 
 twenty-five dollars to be recovered as directed in the pre- 
 ceding section, and to add in like manner to the school 
 fund revenues apportioned to his district. 
 
 Sec. 7612. Vacancy in office — How filled. — If the 
 
 office of any director in a district becomes vacant, the 
 
 electors of said district shall, in a district meeting as- 
 
 ;;3embled, wthin fifteen days after the occurrence of such 
 
 105 
 
DIG<EST OF SCeOOlL LiA-WS 
 
 vacancy, elect a director to serve the remainder of the 
 unexpired term ; but if the district in which such vacan- 
 cy occurs neglects or fails to elect a director to fill suf h 
 vacancy, then the county court shall appoint from the 
 electors of said district a director to serve the remainder 
 of the term. 
 
 iFrom Section 7608 it is plain that the last day upon which the 
 newly elected director may take the oath of office is fifteen days 
 from the third Saturday in May. In case no director is elected, 
 the electors will have the rigfht within fifteen days after the an- 
 nual meeting to elect a director for a vacancy caused by a failure 
 to elect at the proper time. iFor a vacancy caused by death, re- 
 signation, or otherwise, the electors have fifteen days from the 
 date of such, death, resignation or other occurrence which caused; 
 the vacancy, to fill the same. 
 
 A bona fide removal of a school director from a district an- 
 nuls his right to serve as such. His subsequent return to the dis- 
 trict does not revive this right. 'A vacancy has been created, which 
 should be filled by a special election, or by appointment, in case 
 the special election is not held within the time prescribed by law. 
 
 "Wlhere the offices of two school directors, the term of one of 
 whom would expire in two years, and that of the other in three 
 years, become vacant, and the electors fail to fill the vacancies 
 within fifteen days, the county court may appoint from the elect- 
 ors persons to fill the vacancies. And if the appointment be made 
 without designating which of the two appointees shall serve two, 
 and which s!hall serve three years, and the electors at the next an- 
 nual school meeting, agree that one of such appointees should 
 serve the long term, and elected a successor for the other, the 
 former continued to hold office because no successor was elected 
 to succeed him. Click v. Sample, 73 Ark., 197, 83 S. W. 9i32. 
 
 Sec. 7613. Duties in general — Shall establish 
 schools. — The said board shall make provisions for estab- 
 lishing separate schools for white and colored children 
 and youth, and shall adopt such other measures as they 
 may judge expedient for carrying the free school system 
 into effectual and uniform operation throughout the. 
 state, and providing, as nearly as possible, for the educa- 
 tion of every youth. 
 
 106 ^ 
 
DIGEST OF SCHOOL LtA.WS 
 
 In the case of Maddox et al. v. Neal et al., 45 Ark., 121, the su- 
 preme court of this state says: "A wide range of discretion is 
 vested in these boards by the statute in the matter of government 
 and details of conducting of the common scJhooIs, but in the nature 
 of things there is a limit to this discretion. Some positive and im- 
 perative duties are imposed upon them about which they have no 
 discretion. The first and most important duty of the board is to 
 make provisions for establishing schools. When the funds are pro- 
 vided, and the directors are not otherwise instructed by the school 
 meeting of the district, the duty to provide a school for at least 
 three months is mandatory, and the duty to establish separate 
 schools for the whites and blacks is also incumbent on them. All 
 the provisions of the law in relation to schools, in conformity to 
 the constitutional mandate, are general, and the system, so far as 
 the statute can make it, is uniform. No duty is imposed upon or 
 discretion given the directors about schools for one race that is 
 not applicable to the other. It is the clear intention of the consti- 
 tution and statutes alike o place the means of education within 
 the reach of every youth. Education at the public expense has be- 
 come a legal right extended by the laws to all the people alike. 
 No discrimination on account of nationality, caste or other dis- 
 tinction has been attempted by the law-making powers.. The 
 boards of directors are only the agents, trustees appointed to car- 
 ry out the system provided for. Their powers are no greater than 
 the authority conferred by legislation. They can do nothing they 
 are not expressly authorized to do, or which does not grow out of 
 their expressed powers. * * * The opportunity of instruction 
 in public schools, given by the statute to all the youths of the 
 state, is in obedience, as we have seen, to special command of the 
 constitution, and it is obvious tlhat a board of directors can have 
 no discretionary pwer to single out part of the children by the ar- 
 bitrary standard of color, and deprive them of the benefits of the 
 school privilege. To hold otherwise would be to set the discre- 
 tion of the directors above all law." 
 
 A director living in an old district, should his property be in- 
 cluded in a new district form from a portion of the old, ceases 
 to be a director. 
 
 The duty of establishing separate schools for races is manda- 
 tory. If tihere are eleven or more black children, or eleven or more 
 white children, they must have a school. Ten black children or a 
 less number, or ten white children or less should be transferred 
 to an adjoining district under the provisions of the act approved 
 April 3, 1891. 
 
 The directors have power to require each pupil to pursue cer- 
 tain studies, and for violation of such rule, adequate punishment 
 may be administered. In the common school districts of tlhis state 
 only the common school branches may be required; in special 
 school districts the board has power to decide that additional stu- 
 dies shall be taught. 
 
 107 
 
DIGEST OF SCHOOL L1A.WB 
 
 While a school director cannot make a hinding contract with 
 the district to pay him an agreed sum for his services outside his 
 official duties, still, if tihe district accepts the benefit of his 
 servces, it will be liable to make just compensation therefor. 
 Smith V. iDandridge, 9,8 Ark., 38. 
 
 Sec. 7614. Directors as custodians'. — The directors 
 shall have charge of the school affairs and of the school 
 educational interests of their district, and shall have the 
 care and custody of the school houses and grounds, the 
 books, records, papers, and other property belonging lo 
 the district, and shall . carefully preserve the same, pr,> 
 venting waste and damage; and shall purchase or lease 
 in the corporate name of the district, such schoolhouse 
 site as may be designated by a majority of the legal vot- 
 ers at the district meeting; shall hire, purchase or build > 
 a schoolhouse with funds provided by the. district for 
 that purpose; and may sell or exchange such site or 
 schoolhouse, when so directed by a majority of the elect- 
 ors of any legal meeting of the district. 
 
 . In general, school property is to be used for the purpose of 
 education. It appears that the legislature has not inhibited the 
 directors from permitting the schoolhouse to be used temporarily 
 and occasionally for other purposes. 
 
 iSchool directors have the care and custody of schoolhouses 
 and grounds belomging to the district. It is their duty carefully to 
 preserve the same, preventing waste and damage. They have the 
 power to allow the house to be used for other than school purpos- 
 es, unless otherwise directed by a majority of the electors of the 
 district in a legal meeting assembled. The electors of school dis- 
 tricts in legal meeting have the power to direct that the Ihouse be 
 used for other than school purposes, provided it be a legal purpose. 
 
 The school law makes it the duty of the board of directors to 
 fix a time of beginning a school term. The law gives the people' the 
 right at the annual school meeting to say how long the school, shall 
 continue more than three months in the year. 
 
 iSection 7G14 vests the power of directing the sale or exchan.^e 
 of the site or the schoolhouse in the electors alone, and Section 
 '7643 authorizes the directors to permit the use of tIhe schoolhouse 
 hy a private school unless otherwise directed by a majority of the 
 
 108 
 
DIOEST OF SCHOOL DAWS 
 
 legal voters of the district. This enlargement of the power of the- 
 electors, as set out in Sections 7614 and 7590, as to directing the 
 sale or exchange of the site or schoolhouse, must be considered in 
 construing these sections; and the exercise of tlhe enlarged power 
 must he controlled hy the provisions of Section 7590; that is, the 
 electors may act upon these questions at the annual meeting or 
 an arjournment thereof. 
 
 The common school fund apportioned hy the state cannot be 
 used for building purposes. The law says that no schoolhouse- 
 shall be huilt except by money provided by the district for that 
 purpose. This has been construed literally that the money must 
 be provided "by the district" and "for that purpose." 
 
 Directors have no power to build a schoolhouse with funds of 
 the district unless authorized to do so at the annual school meet- 
 ing, and a contract made for such purpose under authority con- 
 ferred by a special meeting held in June, is void. Fluty v. School 
 District, 49 Ark., U. 
 
 If proper notice of such action has heen given in the notices 
 of the annual sdhool meeting, that meeting may select the site for 
 schoolhouse, order the board of directors to purchase or lease such 
 site, and vote money for building a house thereon, without refer- 
 ence to the number of children in the district or the number of 
 Bchoolhouses already therein. This is a matter entirely within the 
 discretion of the annual school meeting, and it may be considered 
 thereat, or at an adjourned session thereof, but no special called 
 meeting of electors can pass upon any of these questions. 
 
 It is evident that the respective powers and rights of directors 
 and electors are not clear. The general principle is that the whole 
 matter is left to the sound discretion of tlhe directors, subject to 
 a controlling direction on the part of he elecors. 
 
 S53. 7615. They shall hire for and in the name of 
 the district only such teachers as have been licensed ac- 
 cording to law, and employ no person to teach in any 
 common school of their district unless such person shall 
 hold, at the time of commencing his school, a certificate 
 and license to teach, granted by the county examiner or 
 state superintendent; and they shall make with such 
 teacher a written contract in triplicate form, specifying 
 the time for which the teacher is to be employed, the 
 wages to be paid per month, and any other agreement 
 entered into by the contracting parties, and shall furnish 
 the teachers with a duplicate of contract, keep the origi-^ 
 
 105 
 
DIGEST OF SCHOOL LAWS 
 
 nal and immediately file an exact copy of such contract 
 in the office of the county treasurer of the county in 
 which the contract is to be enforced; and the county 
 treasurer shall not pay the wrarants of any school dis- 
 trict until a copy of all such contracts have been filed 
 with him. 
 
 REPEALING CLAUSE. 
 
 That all laws and parts of laws in conflict with this 
 Act are hereby repealed and this Act to take effect and 
 be in full force from and after its passage. Acts 1911, 
 Act. 206, Approved April 24, 1911. 
 
 The law auhorizes none but a written contract, and parole ev- 
 idence is not admissible to change or contradict it; nor to show 
 that a contract in writing was entered into between the parties. 
 Griggs V. School District No. 70, 87 Ark. %, 112 S. W., ^5. 
 
 Parol evidence of the terms of the contract is admissible to 
 show that a contract, valid under the statute, has been made by 
 and betweea the parties. (School District No. €8 v. Allen, 83 Ark. 
 494, 104 S. W., 172. 
 
 T!he right to select a teacher, fix his salary, and the time for 
 the opening of the school are matters which belong exclusively to 
 the directors. The electors have no right to direct upon any ques- 
 tion connected with the teaching of the school, save the single one 
 of extending the term of the school. 
 
 If there will be sufficient funds in the treasury during the 
 year for which the contract is made to maintain a school, then the 
 directors are allowed to enter into a contract for the same; other- 
 wise they are not. 
 
 IDirectors cannot make a legal contract with a teacher who has 
 no license. This negatives the right to contract with a principal 
 teacher wiho is licensed for an amount of money to be paid him, 
 out of which he is to pay the salaries of unlicensed assistants. 
 
 IDirectors make regulations governing the school, but are ad- 
 vised to consult the teachers. 
 
 The acts of school directors are corporate acts. To bind the 
 district it is necessary for them to act at a regular meeting, or a 
 called meeting, of which notice was given to each director. At 
 such meetings the act of a majority of the board is the act of the 
 whole board. 
 
 110 
 
DIGEST OF SOHOOfL DA.W1S 
 
 There is nothing in the school law prohibiting directors from 
 liaving a school for less than three months, unless the electors at 
 the annual school meeting so dcide. 
 
 Notice of a called meeting of a board of school directors must 
 be given in writing to each member of sudh board, and must state 
 the time, place and purpose of the meeting. When two directors 
 meet at a called meeting from which the third director is absent 
 without having received legal notice of the meeting, the direcotrs 
 present have no authority to bind the district by employing a 
 eacher. Burns v. Thompson, 64 Ark., 489. 
 
 •A board of school directors empowered by statute without any 
 limitation to employ a superintendent of schools may make a con- 
 tract for a superintendent for a term beginning after some mem- 
 bers of the board go out of office. Gates v. School District of Fort 
 Smith, 53 Ark., 468. 
 
 This decision appMes to all teachers employed in the school as 
 well as to the superintendent. 
 
 The school district being a body corporate, may sue and be 
 sued in any court of the state having competent jurisdiction. Or- 
 dinarily, school directors are not liable in official contracts, nor are 
 they individually liable for the debts of the district when contracted 
 pursuant to law. However, they may by fraud or neglect of duty 
 *be subject to a common law liability. 
 
 Directors are charged with the educationial affairs of their dis, 
 tricts, and are clothed with considerable authority and discretion. 
 They should see that the schools are not too much crowded. They 
 have the power to fix the school limits, and to aasign scholars to 
 particular schools. In doing so, they should exercise sound discre- 
 tion and serve the best interests of all concerned. 
 
 The contracts made by a board of directors are good, though 
 it should turn out that the directors are disqualified to ho!d office. 
 They are de facto officers. 
 
 Sec. 7616. They may not employ relative except 
 by petition. — Hereafter all school directors and men"»- 
 T^ers of the boards of trustees of public and agricultural 
 schools are hereby prohibited from employing any person 
 as teacher in said schools related to them by consanguini- 
 ty or affinity within the fourth degree; unless two-thirds 
 of the patrons of said schools shall petition them to 'lo 
 so. Any director or directors or member or members of 
 the board of trustees of said public or agricultural 
 
 111 
 
DIGEST OF SClHOOiL LAJWS 
 
 schools violating this section shall upon conviction be 
 fined in any sum not less than ten dollars nor more than 
 fifty dollars and in addition thereto shall be suspended 
 from office. (Act 206, Approved March 24, 1913.) 
 
 This act ine9,ns two-thirds of the patrons residing in a school 
 district and not those in the vicinity of a certain school. The word 
 "school" here applies to the entire school district. The word 
 "patron" applies to those who are electors, who pay taxes, or who 
 send children to school, and includes widows who have children of 
 school age land widows or spinsters who pay taxes. 
 
 A teacher must have a petition signed hy two-thirds of all the 
 patrons in the whole district at the time he may he employed by a 
 hoard, any memher of which is related to him, it will not be suffi- 
 cient to secure petition after contract is made. 
 
 Third cousins are related within fourth degree of con-sanguin. 
 Ity. In the aibsence of a petition signed hy a majority of the patrons 
 of the, school requesting the employment of a relative of the di- 
 rectors, they will he enjoined from entering into a contract with 
 a person who is thus related to either of the directors. Holt v. 
 Watson, 71 Ark. 90, 71 S. fW. 26i2. 
 
 Sec. 7617. Money necessary to employ teacher. — 
 It shall be unlawful for any directer or board of di- 
 rectors in any school district in this state to employ a 
 teacher to teach a school in any district in this state un- 
 less said district has money to its credit in the treasury 
 of the county in v^hich said district is located, to pay 
 said teacher for such work ; provided, that if the amount 
 ox taxes to be. paid in by the collector of any county shaJl 
 be sufficient to have a school taught in any district in 
 \".^hich such taxes are to be paid, then the directors shall 
 have the power to employ teachers to teach a school in 
 such district; provided further, that a majority of the 
 patrons of any school district in this state shall at all 
 times have the right to petition said board of directors to 
 employ a teacher and cause a school to be taught in any 
 district whenever they so desire; provided further, that 
 said directors do not pay more for services of said teach- 
 
 . 112 
 
DIGEST OF eOHOOL LIAWIS 
 
 er than would be necessary to pay said teacher for said 
 service, if said money were in treasury. That any 
 board of directors violating this law shall be fined in any 
 sum not less than ten nor more than one hundred dol-- 
 lars. 
 
 In case there is money in the treasury to the credit of th6 dls-. 
 trict, sufficient to maitain a school, and available for that purpose^ 
 or a tax voted which, when collected, will be sufficient to defray tHa 
 expenses of the school, and the directors make no provision lor 
 having one taught, the right of petition for a school is given to tHa 
 patrons of the district by the above act. 
 
 Sec. 7618. The term ''month'" defined, — The term 
 "month" however it occurs in any section of this act, 
 shall be construed to mean twenty days, or four weeks 
 of five days each. {Act December 7, 1875, Sees. 58-62.) 
 
 Sec. 7619. They may insure school buildinys, — 
 The, officers of special and common school districts arQ 
 authorized and empowered to insure school buildings of 
 their respective districts and to use sufficient funds of 
 their districts to do so. (Act March 3, 1903.) 
 
 Sec. 7620. Directors may buy apparatus. — The di- 
 rectors of school districts, other than special school dis- 
 tricts, may expend annually, out of the common school 
 fund, not more than twenty-five dolars during any one 
 year for any school under their control for maps, charts, 
 globes, dictionaries and other apparatus necessary to the 
 progress of the school; provided, said maps, charts, 
 globes, dictionaries and other apparatus meets the ap- 
 proval of the state superintendent in price and merit; 
 provided further, that said expenditure be authorized by 
 a majority of the qualified electors of any school district 
 making said purchases at the annual school election pre- 
 
 113 
 
BIQBST OF SCHOOL. liAWIS 
 
 movLs to said expenditure. (As amended by Act of Febru- 
 ary 22, 1899. See comments under Sec. 7625.) 
 
 Sec. 7621. Directors may choose books. — The di- 
 rectors of each school district in this state shall adopt 
 «nd cause to be used in the public schools of their re- 
 «pective districts one series of text books in each branch 
 "or science taught in the public schools of their respect- 
 ive districts, and no changes in these books shall be made 
 for a period of three years, unless it be by a petition of 
 a majority of the voters of the district desiring the 
 change. (Act March 11,1881, Sec. 2.) 
 
 This section is virtually repealed by the county uniformity law. 
 
 Sec. 7622. Directors to see that physiology and hy- 
 giene are taught. — Physiology and hygiene, which must 
 in each division of the, subject thereof, include .special 
 reference of the effect of alcoholic drinks, stimulants 
 and narcotics upon the human system, shall be included 
 in the branches of study now and hereafter required 
 to be regularly taught and studied by all the pupils in the 
 ^common schools of this state, and it shall be the duty of 
 the board of directors and county examiners to see to 
 the observance of this statute and make provisions 
 therefor. ( ict March 10, 1899, Sec. 1.) 
 
 Sec. 7622-a.— Robert E. Lee Day. — That the nine- 
 teenth of January, the birthday of Robert E. Lee, shall 
 be observed in all the public schools of this state as a day 
 for patriotic exercises and the study of the history and 
 achievements of Arkansas men. (Acts 1905, Act 35, 
 Approved Feb. 14, 1905.) 
 
 Sec. 7622-6. — Superintendent to prepare program 
 for 'exercises. — The state superintendent of public in- 
 ststruction is heTeby authorized to prepare and publish 
 
 114 
 
DIGEST (W SOHOOiL L1A.WIS 
 
 .^annually for use in all public schools of the state, a pro- 
 gram of exercises dealing with events in the life of Gen- 
 eral Lee and other distinguished men, giving attention 
 also to the achievements and work of eminent men who 
 have served this state in civil and military life. (Acts 
 1905, Act 35, Approved February 14, 1905.) 
 
 Sec. 7622-c. — Heads of schools to aid in work. 
 
 0. It shall be the duty of county examiners, city super- 
 intendents and principals of schools to aid in carrying 
 on this work, and they shall arrange the exercises of 
 their various schools in accordance with the provisions 
 of this act. This act shall be in -full force and effect 
 from and after its passage. 
 
 Sec. 7622-d. — Elementary Agriculture to be taught, 
 
 1. That school directors of the various school districts 
 of the State of Arkansas are hereby directed and rt^- 
 quired to require all persons teaching in the public 
 schools of this state to teach elementary agriculture and 
 horticulture in their schools. (Acts 1911, Act 315. Ap- 
 proved M(^y 31, 1911.) 
 
 Sec. 7622-e. — To adopt some text on subject,. 2. 
 That all authorities empowered by statute to adopt text 
 books for use in their public schools of this state are 
 hereby directed and required to select and adopt some 
 suitable elementary text book on the subject of agri- 
 culture and horticulture to be used in the public schools 
 of their respective counties or districts. 
 
 Sec. 7622-/". — Duty of county examiner. 3. That 
 it shall be made the duty of the county examiner of each 
 and every ,county in the state to see that every public 
 school district in the various counties of this state have 
 
 115 
 
DIGEST OF SCHOOLi LAIWS 
 
 in their posession the text book on elementary agricul- 
 ture and horticulture adopted for use in their respective- 
 C'^unties or districts. 
 
 Sec. 7622-5r. — To see that act is enforced, 4. That- 
 it shall be the duty of each and every county examiner- 
 to see that the provisions of this act be enforced. 
 
 Sec. 7622-/^. — Penalty for failure to enforce act. 
 5. That any county examiner, school director or other 
 officer having authority to enforce the provisions of this 
 act, shall neglect or refuse to enforce the same, shall for- 
 feit to the district so neglected or refused, the sum of 
 twenty-five dollars, said sum to be added to the school 
 fund of said district, which may be recovered by action 
 brought against him at the instance of any elector in 
 said neglected or refused district. 
 
 Repealing Clause : All laws and parts of laws in > 
 conflict herewith be and they are hereby repealed. That 
 this law take effect ten months after its passage. 
 
 Sec. 7623. They shall furnish register. — They shall 
 procure from the county examiner, and furnish the 
 teacher at the commencement of the term, a register for 
 his .school, and require the said teacher to report, in said 
 register, at the close of the school term, the number of 
 days of the said term, the name and age of each pupil, 
 the date on which each entered the school, the separate 
 days on which each attended, the whole number of days 
 each attended, the studies each pursued, the total num- 
 ber of days all pupils attended, the average daily at- 
 tendance and the number of visits received from the 
 directors during the said term. (Act December 7, 1875^„ 
 Sec.QB. 
 
 116 
 
DIGEST OF SCHOOL. liAWlS 
 
 The keeping of this register according to all its requirementa, 
 ':perfected and complete, is compulsory upon the teacher, and he can 
 pot draw his last month's wages until this duty is performed. See 
 Sec. 7656. 
 
 Sec. GFBD.. They must visit .schools. — They shall 
 visit the schools at least once each term, and encourage 
 the pupils in their studies, and give such advice to the 
 teacher as may be for the benefit of teacher and pupils. 
 
 Sec. 7625. Annual report to electors — Contains 
 what. — They shall submit to the district, at the annual 
 meeting, an estimate of the expenses of the district for 
 that year, including the expenses of a school for the 
 term of three months for the next year, after deducting 
 the probable amount of school moneys to be apportion- 
 ed to the district for that school year, and shall also 
 
 -submit an estimate of the expenses per month of con- 
 tinuing the school beyond the term of three months, and 
 
 <of whatever else may be necessary for the comfort and 
 advancement of the said school. 
 
 As a guide to the electors in voting the tax in the annual 
 ^school meeting the directors are required to submit to them at that 
 " lueetlng an estimate oif the amount of revenue necessary to meet 
 -expenses of the district for the year to follow. 
 
 A tax voted for a specific purpose can be used for no other; 
 'thus a tax voted for building purposes or for teachers' salaries must 
 be applied to tlie purpose mentioned. 
 
 If there be a fund left over at the end of the fiscal year, tiM 
 • electors may at any annual meeting divert this balance from Itl 
 •original purpose and appropriate it to some other. 
 
 If the tax is voted for general purposes, without any direction 
 
 on the part of the electors as to its expenditure, the directors would 
 
 be authorized to use the same for the actual expenses necessary to 
 
 -^e maintenance of the school, except that no part of the same 
 
 could be used for building purposes. 
 
 Incidental expenses, such as fuel, stoves, blackboards, crayon, 
 ♦^tc, are necessary expenses, and directors are authorized to draw 
 ■^warrants on the common school fund to meet such expen-ses, if no 
 
 117 
 
DIGEST OF SCHOOL LAWS 
 
 provision is made, for them in tlie estimate submitted by the cH- 
 rectors in the annual meetin. 
 
 If any part of the common school fund is to be spent in th»- 
 ipurchase of maps, ^globes, charts, etc., the estimate should so state, 
 and directors are limited to the amount therein mentioned. 
 
 The electors may by vote authorize the directors to expend not. 
 «xce^eding twenty-.five dollars out of the common school fund in tne 
 purchase of supplies mentioned above. 
 
 A failure of the directors to submit the estimate of school ex» 
 penses as required in Section 7625 of the school law is a finable or- 
 fense. See 'Section 7G11 of the school law. 
 
 Sec. 7626. They shall appear for district. — They 
 shall, in all suits and actions at law brought ly or against 
 th^ ir district, appear for and in behalf of said district.. 
 prodded, they shall have no other directions or instruc- 
 tions by a lawful meeting of the electors of their district. 
 
 The law makes it obligatory on directors to appear in behalf or 
 tire district in all suits brought by or against the district. This car- 
 ries with it the right to employ a lawyer and to pay him out of th© 
 echool funds, unless they have other instructions from the lawtui. 
 meeting ol the electors of the district. The county treasurer cannot 
 refuse to pay a warrant properly drawn and signed by two directors 
 ifor such a purpose. 
 
 Sec. 7627. They shall draw warrants. — They shall 
 draw orders on the treasurer of the county for the pay- 
 ment of wages due teachers, or for any lawful purpose, 
 and they shall state in every such order the services or 
 consideration for which the order is drawn, and the 
 name of the person rendering such service; but they 
 shall not draw any order on the county treasurer for the 
 payment of the wages of any teacher not licensed. 
 
 When the county treasurer is notified by the county examiner 
 that a certain person has no license to teach in that county, it i& 
 the duty of the treasurer, when that person presents a warrant 
 drawn on the funds of some fSchool District in the county, to ascer- 
 tain whether such party has a license to teach, and if not to refua# 
 payment. Arnold v. State, 71 Ark. 372, 74 S. W. 513. 
 
 " 118 
 
DIEGIE6T OF SCHOOiL IJA.W1S 
 
 Sec. 7628. Treasurer shall pay warrants. — When 
 -the warrant of any board of directors, properly drawn, 
 is presented to the treasurer of the proper county, he 
 •shall pay the same out of any funds in his hands for that 
 purpose belonging to the district specified in said war- 
 rant. 
 
 Every teacher, whether as principal or assistant, must he elect, 
 ed by the hoard of directors ; every such person must have a HcenBie. 
 from the county examiner or state superintendent, and every aucH 
 [person must have a written contract. County treasurers are war* 
 ranted to demand the contract of every teacher or assistant who 
 presents a warrant for the payment of wages from the puhlic sx^ooli 
 funds. If the warrant shows that its holder is principal, and tHai 
 the amount specified on its face is for the payment of the wages ot 
 assistants, or if it is proven to the treasurer that such is the oaae» 
 he should refuse to pay the same as a violation of Section 7615. The 
 tieasurer may also refuse to pay the warrant of any teacher wHo 
 ha.s not been licensed. The words, "properly drawn," in this s-ection 
 trefer back to the inhibitions of Section 7615 and of iSection 7€a7, 
 and the treasurer should exercise great oare in the matter of i>aylng 
 these doubtful warrants. 
 
 School warrants may be issued by two directors. Crain v. State, 
 45 Ark., 460. 
 
 A warrant which has been merged into a judgment is not sueh 
 a warrant as the treasurer is authorized to pay in satisfaction of 
 the judgment. The warrant must specify for what the money 1b 
 fbeing paid. Ferrell v. Laughinghouse, 87 Ark. 381, 112 S. W. 894. 
 
 Treasurers are required to pay all warrants properly drawn, II 
 there is money in the treasury to the credit of the district, belong- 
 Ing to the fund on which the warrant is drawn. If the* tax wa« 
 voted for general purposes, the treasurer would be authorized to 
 pay all warrants drawn on a fund so voted, for teachers' salaries 
 and other necessary expenses. Each warrant should specify for 
 what service or consideration it was drawn. 
 
 Sec. 7629. They shall give notices of meeting, — 
 The directors shall give notice of each annual meeting, 
 by posting notices thereof, at least fifteen days previous 
 to such meeting, in three or more conspicuous places 
 within the district ; but it shall not be lawful for a dis- 
 trict, at any annual meeting, to fix a site for a schooi- 
 iiouse, or to raise money for building or purchasing A 
 
 119 
 
DIGEST OF S'OHOOL DAWIS 
 
 ischbolhouse, unless the directors shall have particularly 
 set forth in the previous notice given of such meeting 
 that these matters were to be submitted for their con- 
 sideration and action. 
 
 It is the duty of the directors to designate the place of the an- 
 nual meeting, and notice of the time and place is essential to the 
 validity of a tax voted at such meeting. But the statute designates 
 the time, and all are bound to take notice of it. If notice of the 
 place be given, the meeting will be legal, though the time be not 
 specified in the notice. Hodgkin v. Fry, 33 Ark., 716. A notice giv- 
 en by two of the directors is sufficient. Holland v. Davies, 36 Ark., 
 446; Davies v. Holland, 43 Ark., 425. 
 
 Where a meeting of a school district is held for a special pur- 
 pose, all that is necessary in the form of the notice is that it should 
 be ,so expressed that the inhabitants of the district may fairly un- " 
 derstand the purpose for which they are convened. 
 
 Sec. 7630. Clerk shall keep records and make re- 
 port — ^One of the directors shall act as clerk at all dis- 
 trict meetings, shall keep a record of the proceedings 
 thereof in a book provided for that purpose, or, if absent, 
 shall transcribe into said book the minutes kept by the 
 clerk pro tempore, and signed by the chairman, as so 
 much of the authenticated records of the district; and 
 he shall enter on the said book copies of all his reports 
 to the county clerk and the county examiner. 
 
 At the first meeting of the board after the annual election, 
 tliere should be a regular organization of the board by the election 
 of a president and a secretary to serve for one year. This is abso. 
 lately necessary, in order that the work of the board may be trans- 
 acted in a business like manner, and a correct and permanent 
 record of its proceedings be kept. 
 
 There is no authority for the directors of a common school 
 district to employ one of their number as clerk and pay him a 
 salary for the services thus rendered. Clark v. School District No. 
 16, 84 Ark. 519, 106 S. W. 677. 
 
 Sec. 7QSl....derk's report. — Shall contain what. — 
 He shall keep, in a book provided for that purpose, the 
 
 120 
 
DIGEST OF SC?HOOL LiAWlS 
 
 accounts of the. district, by debits and credits, including 
 the accounts with the county treasurer, and shall present 
 the same to each annual meeting, showing the current ex- 
 penses for the year, for schoolhouses, outbuildings, 
 fences with which to inclose a schoolhouse site, for 
 stoves, wood, maps, charts, blackboards, a dictionary, 
 and other necessaries for a school, and stating the num- 
 ber of days the directors have been necessarily employed 
 in the performance of their duties as directors; the date 
 -of each order drawn by them on the county treasurer, 
 ,and for what services or consideration, for what 
 .amounts and in whose favor, exihibiting vouchers there- 
 for; a statement of the indebtedness of the district, and 
 . also of the surplus moneys, if any, in the county treas- 
 ury belonging to the district at the commencement of 
 i;he year; the amount of taxes levied on the district for 
 , school purposes within the year ; the different purposes 
 for which said taxes were levied, and the amount levied 
 for each purpose. If, on examination, the report be 
 found .correct the chairman of the meeting shall approve 
 the same, and order that it be filed with the records of 
 the district. 
 
 The directors of a common school district have the power to 
 make contracts for the purchase of those articles which are clearly 
 necessary to be provided in order that a school may be carried on 
 . and taught, and this includes the purchase of desl^s wh^n necessary 
 for that purpose. A. H. Andrews & Oo. v. Delight Special School 
 District, 95 Ark. 26, 128 S. W. 363. 
 
 Sec. 7632. Directors shall report to county clerk. — 
 The directors shall, within ten days after any school 
 meeting, report to the clerk of the county so much of 
 the. proceedings of said meeting as pertains to the elec- 
 - tion of officers ; and they shall, on or before the first day 
 . of October in each year, furnish to the clerk so much of 
 dhe copy of their record, attested by the chairman of the 
 
 121 
 
DilGiEST OF iSiCiHOOIL LiA^WlS 
 
 meeting, as shows the amount of money voted to be* 
 raised by the district for school purposes at the annual 
 meeting. 
 
 Sec* 7633. Annual report to examiner — Contains^ 
 what. — The directors shall, annually, between the first 
 and twentieth days of July, transmit, verified by their" 
 affidavit to the county examiner, a written report, in 
 proper form, of the name of their county; of the number 
 of their district; the names and ages of all persons be- 
 tween the ages of six and twenty-one years, residing in 
 their district on the first day of July; the number of 
 males and females respectively of each color that attend- 
 ed the common schools during the last school year; the 
 average number of each sex that attended daily; the 
 number that pursued each of the studies designated to 
 be taught in the common schools of this state; the num- 
 ber of times the school was visited each term by the 
 directors; the number of days the school was taught 
 during the year by a licensed teacher ; the name of each 
 teacher ; the grade of his certificate ; the wages paid 
 each teacher per month ; and the whole amount of wages 
 paid teachers during the year. They shall include in 
 their report the amount of taxes voted by the district 
 during the last school year, for what purpose voted, and 
 the amount voted for each purpose; the amount drawn 
 from the county treasury for each purpose for Which 
 money was raised by district tax th^ previous year; the 
 amount .of revenues received from the common school 
 fund, and the amount received from each of the various 
 other sources from which school revenues are derived; 
 the amount of each kind of revenue remaining in the 
 county treasury and subject to the order of the district; 
 the number of schoolhouses erected during the year, and 
 the cost and material of each; the number, the material,.. 
 
 122 
 
DIGEST OF 6CHOOIL LAWS 
 
 the condition and the value of those before erected, and 
 the value of all other property belonging to the district; 
 the condition of the schoolhouse grounds and wheth(*r 
 the said grounds are enclosed; also name, age and post- 
 office of deaf, dumb, blind and insane in each districi:, 
 including all who are blind or deaf to such an extent as 
 not to be educated in common schools; and they shixil 
 record the said report in the proper place in the district 
 book in which the current record of the proceedings of 
 the district is kept. (As amended by Act of April 23, 
 1901.) 
 
 Sec. 7634. Penalty for false oath. — The annual 
 and enumeration reports of the directors of the various- 
 school districts of the state of Arkansas shall be good 
 under their official oaths, when signed by them officially ; 
 provided, that any director or school officer who certifies 
 falsely to any such report shall be guilty of a misdemeai- 
 or, and fined in any sum not less than five dollars ($5.00) 
 nor more than twenty-five dollars ($25.00.) 
 
 Sec. 7635. They are liable for neglect of duty. — 
 If the directors of any district fail or neglect to make 
 a report of the enumeration, statistics and finances of 
 their district at the time and in the manner prescribed 
 in the preceding section, the said directors, in addition 
 to their forfeiture for neglect of duty, shall severally be 
 liable for any damages, including the costs of the suit, 
 that the district may sustain by reason of losing the 
 school revenues that would otherwise have been appro- 
 priated to them. 
 
 Sec. 7636. They shall settle with county treasurer. 
 — They shall, at the close of the school year, settle with 
 the county treasurer, and ascertain what moneys, if any^ 
 
 123 
 
DIGEST OF SCHOOL LdAWK 
 
 to which their district may be entitled, and the amounts 
 severally thereof that are in the county treasury and 
 subject to be drawn by their district. 
 
 Sec. 7637. They may suspend pupil. — The direct- 
 ors of any school district may, at the instance of the 
 teacher, suspend from the school any pupil for gross im- 
 morality, refractory conduct or insubordination, or for 
 infectious disease. Provided, such suspension shall not 
 extend beyond the ^current term. 
 
 Wholesome discipline is absolutely nec€S.sary to the success ot 
 jany sdhool. Any conduct on the part of a pupil that tends to 
 demoralize other pupils and to interfere with the proper and suc- 
 ces'ful management of the school, that is, to impair the discipline 
 'Which the teacher and the board shall consider necessary for the 
 best interests of the school may subject the offending one to the 
 punishment prescribed by this statute. Being drunk and disorderly 
 in violation of a town ordinance is sufficient cause for the infliction 
 of the punishment. Douglas v. Campbell, 89 Ark. 258, 116 S. W. 
 211. 
 
 Bona fide residence in a school district entitles one to school 
 privileges for his children or wards. The fact that the children 
 were not included in the enumeration for the year does not deprive 
 them of this privilege. However, parents are not entitled to school 
 privileges in two or more districts in the same year, when a re- 
 moval is made solely for this purpose. 
 
 The power of suspension rests with the school board, though in 
 extreme cases, the teacher would he justified in dismissing a pupil 
 from the school, pending the action of the board, provided the at- 
 tention of the board is at once called to the matter. 
 
 In cases where suspension of a pupil may be deemed necessary 
 by the board, care should be exercised that neither prejudice nor 
 malice actuate the board in its conduct. The important question 
 to be considered is the good of the school. The acts of the board 
 in all such cases are considered to be without malice or prejudice, 
 and, in order that they may be held responsible for any injury done 
 the pupil by suspension, it will be necessary that the contrary be 
 proved. 
 
 In cases of contagious or infectious disease it has been uni- 
 formly held that a school board is authorized to deny to a person 
 ipfected or exposed to the disease the right to school privileges 
 till the danger of such infection or exposure is past. In many states 
 the supreme court has ruled that requiring persons who wish to at- 
 
 124 
 
DIGEST OF SCHOOL LiAWlS 
 
 tend school to be vaccinated is a reasonable requirement, in case 
 tiiere is danger of a spread of smallpox in a community, and that 
 the board may deny to anyone who refuses to comply with such re- 
 quirement the right to attend school until the danger is past. 
 
 ( Albsence and tardiness are the bane of many schools, and rules 
 exacting reasonable excuses from the parent or guardian of chil- 
 dren who are .guilty of this fault are just and proper. A failure ot 
 a parent or guardian to comply with such rule may subject th& 
 child to suspension. 
 
 The right to administer corporal punishment is not denied to 
 the teacher under our law, though the drift of sentiment among 
 educators is away from such method of discipline. If, in the judg- 
 ment of ;the teacher, the rod must be used, the offense, the condi- 
 tion and temperament of the child, the extent of the punishment — 
 all should be considered in advance. In the Illinois school laws 
 and decisions the following excellent summary of the subject may 
 be found: 
 
 » "The opinions of the highest judicial tribunals and eminent 
 jurists concur in respect to the propriety and necessity of granting 
 school teachers the authority to inflict corporal punishment in cer- 
 tain cases, and of protection to them in the prudent and reasonable 
 exercises of such authority either to promote the welfare of th'© 
 child or of the whole school. Teachers are, however, held to a just 
 accountability for the abuse of the power conferred." 
 
 I The teacher's jurisdiction over the pupil, as expressed by vari- 
 ous supreme courts is, that this control covers the time from the 
 fleaving home on the part of the pupil, until his return thereto. It 
 has also been held that the teacher may take the pupil to task for 
 any misconduct committed at any time or place, the result of which 
 may prove subversive of the authority of the teacher or directly 
 detrimental to the best interests of the school. 
 
 'Directors, not teachers, give holidays. • 
 
 It should be borne in mind the rule-making power rests with 
 the school board. The members of the board are selected from the- 
 community and are supposed to represent the best type of citizen- 
 ship of the community. In their hands is placed the control of the 
 schools of the district, and to their judgment the welfare of the- 
 same is entrusted. The rules by them made for the government 
 of the school are taken to be reasonable and equable, and will be so 
 held by the courts, unless the contrary is shown. Pupils are ex» 
 pected to abide by these rules, and the fact that a pupil is enrolled 
 in the school is taken as a tacdt agreement on his part to be obedi- 
 ent to them. Insubordination constitutes a just cause for the sus- 
 pension of any pupil. 
 
 Sec. 7638. Older persons may attend, — They may 
 
 125 
 
DIGEST OF SCHOOL LAWS 
 
 permit older persons to attend the school under such reg- 
 ulations as they may deem proper. 
 
 It has also been held that the directors, unless there be In- 
 struction to the contrary from the electors in the annual school 
 meeting, may admit non-resident pupdls to the privileges of the 
 school. If this be done the rate of tuition should not be less than 
 the per capita paid for the education of th-e children resident in tne 
 •district. Directors should in no case allow the admission of non- 
 resident pupils to the disadvantage of the pupils who are entitled 
 to school privileges by reason of residence in the district. 
 
 Sec. 7639. County court may transfer. — The coun- 
 ty court shall have power, upon the petition of any p<ir- 
 son residing in any particular school district, to transfer 
 the children or wards of such person, for educationiU 
 purposes, to an adjoining district in the same county, or 
 to an adjoining district in an adjoining county; provided, 
 said petitioner shall state under oath that the transfer 
 is for school purposes alone. Provided further, where a 
 TiUmber of colored children or wards, not exceeding ten, 
 reside in a particular school district, the county court 
 shall have power, upon petition of any person to transfer 
 said colored children or wards of such person to an ad- 
 joining district in the same county, or an adjoining dis- 
 <tiict in an adjoining county; and, also, where a number 
 <of white children or wards, not exceeding ten, reside in 
 •a particular school district, the county court shall have 
 power upon the petition of any person, to transfer said 
 white children or wards of such person to an adjoining 
 •district in the same county or an adjoining district in an 
 •adjoining county; and said transfers under the 
 •last named proviso shall not destroy the legality of 
 such school district, although the number of children be 
 reduced to a number less than thirty-five persons of 
 scholastic age; and said petitioner shall at once notify 
 the county examiner of the county or counties and the 
 
 126 
 
DIGEST OF SCIHOOL UAWS 
 
 directors of both districts. (Act April 3, 1891. See Sec. 
 
 7543.) 
 
 A petition for the transfer of children from one school district 
 to another must state facts sufficient upon which an order of trans, 
 fer may he made. The petition must show that the p«tiioner has 
 children. A joint petition may be filed, but it should show that 
 each of the petitioners has dMldren, and unie&s it does, it is open 
 to demurrer. Norton v. Lakeside Special School District, 97 ArJc. 
 71, 133 S. W. 184. 
 
 An order made under this statute does not have the effect of 
 transferring the land owned by the party from one district to the 
 other. School District iNo. 4 v. School District No. S4, 93 Ark. 
 112, 124 S. W. 238. 
 
 Sec. 7640. Transferred children— included where. 
 — The directors of the district to which such children 
 ^.ave been transferred at the time of taking the enumera- 
 ,tion shall include such children in the district to which 
 .they have been transferred, and they shall not be enum- 
 erated in the district where they reside. The district 
 .achool tax of such person shall be added to the school 
 revenues of the district to which he has been transferred 
 and shall not be included in the school revenues of the 
 district where he resides. 
 
 An elector, wlho has transferred to a district for school pur- 
 poses and has all other qualifications nece&sary for a director, 
 may hold the office of director. 
 
 Transfers can be made only into adjoining districts. 
 
 Transfers are authorized for the benefit of better school facil- 
 ities, and a person having no children cannot transfer. Property 
 without children cannot be transferred. 
 
 Application for transfer must be made by the person whose 
 -children or wards are to be affected by the same. 
 
 If A transfers his taxes to an adjoining district for school pur- 
 poses, and afterwards moves away, the riglht of transfer does not 
 hold for the person who may move on the property formerly occu- 
 pied by A. , > 
 
 The transfer ceases when the parent or guardian no longer 
 ihas children or iwards of school age. 
 
 127 
 
DIOEST OF SCHOOL LlAWS 
 
 Children over twenty-one years of age, or who may attain that^ 
 (age after a transfer (has been made hy their parents, have no 
 school rigflits under such transfer. 
 
 A transfer must be made in the name of the parent or gaurdi- 
 an of the children for whose benefit the transfer is made, and does 
 pot affect the children or wards of renters on the land of the 
 party transferring. , , : 
 
 Parents are not transferred into other school districts, but 
 their taxes, both personal and real, may be, and this entitles the^ 
 children or wards of sudh persons to school privileges in the dis- 
 trict to which transfer is made. 
 
 Sec. 7641. Trans fermd persons — Powers. — Any 
 ,person who transfers his child, children or wards and 
 property to any district for educational purposes, shall 
 have the same right to vote in said district for directors ^ 
 and tax as other electors have of the district to which he- 
 is transferred. Where such person is transferred to a 
 district out of his county, the county treasurer of the- 
 county wherein he resides, shall open an account with the- 
 district to which he is transferred, and his school taxeftr 
 shall be credited to the same and paid on the warrants of" 
 the directors of the district to which he is transferred. 
 provided, any person transferring his property and chil- 
 dren to an adjoining district for educational purposes 
 .shall have the right, after having been transferred, or re- 
 siding therein for thirty days previous to said election,., 
 and within the state for one. year and in the county six 
 months, and who has paid his poll tax, to vote in said 
 school district, and in no other for directors or tax at 
 .said school elections. 
 
 Sec. 7642. Sarwe — Transfers to another county. — 
 Whenever any person or persons transfer from one 
 school district to another school district across a county 
 line, it shall be the duty of the directors of said district 
 to which said person or persons have transferred, tO' 
 
 128 
 
DIGEST OF SCHOOL LAiWS 
 
 allow all qualified electors that have transferred across 
 the county line to vote in said school election the same as 
 if he lived in the same county; and v^hen a tax is levied, 
 •the directors shall notify the county judge in the couniy 
 where said transfers live, the amount of taxes levied and 
 the names of all taxpayers who have transferred into 
 said district across the county line, and the county judge 
 shall cause, the levy to be made. It shall be the duty of 
 the collector of taxes to collect the school tax from said 
 person or persons who have transferred and to turn it 
 over to the treasurer of his county and the treasurer 
 shall notify the directors of the school district where 
 said transfer was made, the amount of taxes in his hands 
 to their credit, and said directors shall draw their war- 
 rant on said treasury for the same, and he shall pay said 
 Vv^arrant to the amount of all in the treasury to their 
 credit in the. same manner as if the said directors lived 
 in his county. Any officer willfully violating any of the 
 provisions of this act shall be fined in any sum not to ex- 
 ceed twenty-five dollars ($25.00.) 
 
 Sec. 7643. They may permit private school. — The 
 directors may permit a private school to be taught in the 
 district schoolhouse during such time as the said house 
 is not occupied by a public school, unless they be other- 
 v^use directed by a majority of the legal voters of the dis- 
 trict. 
 
 Sec. 7644. Examination and institute — School shall 
 close. — The directors shall cause the public schools in 
 their districts to be closed on the days appointed for pub- 
 lic examination of teachers in their county, and also- 
 cause the said school to be closed during the session of 
 the teachers' institute. Pr^ovided, said school shall not 
 be closed for a greater length of time than five (iays.dur- 
 
 '129 
 
DIGUBST OF SCHOOL LAWS 
 
 ing any one session of not more than five months. {Act 
 March 27, 1885.) 
 
 By Act XXVII, apiproved March 5, ISas, so much of this section 
 >Bi3 relates to public examinations is repealed. Teachers are not 
 now required to attend examinations unless they desire to obtain 
 license to teach. No examination and institute can be held at the 
 ^laimei time. Teachers are required to attend one institute annu- 
 idly, and cannot be charged for loss of time while attending. See 
 7652 and 7653. 
 
 Sec. 7645. Directors and examiners exempt from 
 i:oad duty. — Directors and county examiners shall be ex- 
 lempt from working on roads and highways. {Act De- 
 cember 7, 1875, Sees. 11-1^, as amended by Act March 
 23, 1891.) 
 
 Sec. 7646. Penalty for not reporting tax levy. — 
 Any director or other person whose duty it may become 
 to report to the county court the per cent of tax levied by 
 -any school district at an annual meeting, and who shall 
 neglect or refuse to do so in the manner and at the time 
 provided by law, shall be liable for all loss which may be 
 sustained by such failure and for all costs, and shall be 
 ifined not less than ten nor more than fifty dollars. 
 
 Sec. 7647. Shall furnish county clerk with list of 
 property — Within fifteen days after any special tax shall 
 be voted by a school district at an annual meeting, it 
 Bhall be the duty of the directors to furnish the •county 
 clerk with a certified list of all persons owning property 
 in the district to pay such special tax. 
 
 Sec. 7648. Penalty for neglect of duty. — Any per- 
 son whase duty it is to execute Sections 7621, 7647, 
 7664, and who shall fail to do so, shall be fined not less 
 than ten nor more than fifty dollars, and the same shall 
 
 130 
 
DIGEST OF SCHOOL LAWS 
 
 be paid into the county treasury. (Act March 11, 1881, 
 Sees. 1, 3, and 9.) 
 
 TEACHERS. 
 
 Sec. 7649. Teachers must he licensed. — Any person 
 who shall teach in a common school in this state, without 
 a certificate of his qualification and his license to teach, 
 shall not be entitled to receive for such services any com- 
 pensation from revenues raised by tax or in any wise ap- 
 propriated for the support of common schools; provided, 
 if his license expires by limitation during any school, 
 such expiration shall not have the effect to interrupt his 
 school, or to debar his claim against school revenues for 
 the payment of teachers' wages. 
 
 The right to teach is based upon an approved examination. 
 Erery teacher must Ihold a certificate in order to receive school 
 revenue, for his services. This includes all assistants. The assist- 
 ant is a teacher and can only receive compenation lawfully 
 through the directors. No principal can draw a lump salary from 
 the school revenues to ipay for either licensed or unlicensed as- 
 sistants. Each teacher must have a separate contract and draw 
 his separate compensation. The treasurer is warranted in de- 
 manding the license and the contract before paying any warrant; 
 and if sucfti contract discloses the fact that the warrant is drawn 
 to cover the salary of an unlicensed teacher, it should not be 
 paid. See Sections 7628, 7627 and 7615. 
 
 The teacher must have a living license on the day he begins 
 the actual work of teaching. Having begun his school lawfully he 
 may finish it, although his license expires before the end of his 
 term, but if a vacation occur, the teacher must secure a license 
 before resuming the school; neither is a teacher authorized to 
 teach a school on a license that expires a few days after his 
 school is begun. 
 
 If directors em.ploy a teacher ^iho has not a certificate, as re- 
 quired by law, and the treasurer knows the fact, even if the direct- 
 ors issue a warrant, the treasurer should not pay it. 
 
 If a teacher teaches for awhile without a certificate and then 
 gets one, the directors cannot pay for the time taught without a 
 certificate. Neither can they pay him indirectly for sudh time by 
 "hiring him over at an advance in salary sufficient to make up for 
 
 131 
 
DIGEST OF SCHOOL LAWS 
 
 the time taught before he got a certificate. Public officers must 
 not do indirectly what the law forbids them to do directly. 
 
 The number of hours for keeping a school open is not fixed by 
 the law, but is a matter of contract between directors and teach* 
 »ers. The number of hours usually includes llhe time given for re- 
 cesses and excludes the noon intermission. 
 
 All assistant teachers, substitute teachers, special teachers of 
 [writing, etc., included, in the public schools, must have certificates 
 of qualification from the county examiner — there is no exception 
 ito the emiphatic requirements of the law in respect to certificat^es. 
 
 Tliis opinion is grounded upon the plain object of the legisla- 
 ture in requiring teachers to possess certificates; Which can be 
 none other than to secure the employment of teachers of approved 
 character and ability — a consideration of quite as much moment 
 •in the case of assistant teachers as any other. 
 
 It is held that the superintendent of city and village schools 
 ^elongs to the teaching force, and should, therefore, have a certi- 
 ficate of qualification in order that he may draw his pay. 
 
 When the directors persist, in violation of law, in retaining a 
 teacher who does not hold a certificate, any taxpayer or patron of 
 ithe school would be entitled to an injunction to restrain the 
 Iteacher or board from continuing the school. 
 
 Sec. 7649-a. — Graduates of Normal Department of 
 University of Arkansas to he licensed to teach. — 1. 
 That the diplomas from teachers training department of 
 the University of Arkansas shall be equivalent to a teach- 
 er's professional license, which shall entitle the holder 
 thereof to teach in any public school of the State of Ark- 
 ansas for a period of six years from and after the date 
 of issue, and after the expiration of that time said di- 
 ploma may be converted into a life certificate ; provided, 
 the work done by the holder thereof and his or her moral 
 'character meet with the approval of the State Superin- 
 tendent of Public Instruction. 
 
 Repealing Clause : That all laws in conflict here- 
 with are hereby repealed, and this act shall be in force 
 from and after its passage. 
 
 -132 
 
DIGUBST OF SCIHOO'L LAWS 
 
 Sec. 7650. He shall keep register, — Every teacher 
 «hall keep a daily regiser of his school in the manner 
 prescribed by law, and indicated by the blank school rej?- 
 ister to be furnished by the directors at the commence- 
 ment of the school. 
 
 Directors cannot make t(he reports required toy law withoJt 
 the information kiontained in this register, and they should exact 
 rigidly a compliance with the requirements of this section. No 
 teacher should be given a warrant for his last month's salary un- 
 <til this register is completed for the term. 
 
 Sec. 7651. Record. — Contains what. — It shall be 
 the duty of each teacher to leave in his school register a 
 complete record of the various grades in his school, indi- 
 cating the amount of work done by each student duri-^g 
 the isessian and the position of each student at the close 
 of the school term. 
 
 Sec. 7652.. Teachers desiring to he examined. — It 
 «hall be the duty of only such teachers as desire to be ex- 
 amined for license to teach in the public schools in any 
 county to attend any public examination for teachers of 
 said county. 
 
 Sec. 7653. Shall attend one institute annually. — 
 It shall be the duty of all the teachers of the public 
 schools to attend one institute annually, which shall be 
 held by the county examiner, after having given twenty 
 days* notice of the time and place of the institute in the 
 same manner as is now required by law for quarterly 
 examinations. No institute and quarterly examination 
 shall be held at the same time. No teacher when attend- 
 ing a quarterly examination, or an institute, shall be 
 charged for loss of time while necessarily absent from 
 liis school to atte.nd such examination or institute. {Act 
 March 5, 1895.) 
 
 133 
 
DIGEST OF SCHOOL LAWS 
 
 The law requires eacli examiner to hold at least one Institute- 
 •nnually. Teachers are expected to attend the same. Due notice 
 Bhould be given them of the institute, and, in case they fail to at- 
 tend, it is within the power of the examiner to revoke their li- 
 jcense, provided opportunity is given the teachers to appear before 
 the examiner and show cause why the did not attend. Reasonable 
 excuses should of course have their weight witfli the - examiner, 
 though he is to be the judge of tiheir reasonableness; ,and, if he 
 act in good faith in the revocation of a license, he will not be held 
 liable under the law for any damage that may ' result in conse- 
 quence of such revocation. 
 
 Sec. 7654. Shall not permit sectarian books. — No 
 ;teacher employed in* any of the oommon schools shall per- 
 mit sectarian books to be used as a reading or textbook 
 In the school under his care. 
 
 Sec. 7655. Teacher's claim not superseded. — Anyj 
 teacher who shall have complied with the provisions of 
 this act shall be paid from the first money received into 
 the county treasury to the credit of the district ; and his 
 claim shall not be superseded by any subsequent claim; 
 and no money in the county treasury belonging to any 
 district shall, so long as there is any such claim filed 
 against the said district, be applied to any purposes 
 whatever other than the payment of teachers' wages, 
 (Act December 7, 1875, 1875, Sees. 80-84. See Sec. 
 .7661.) 
 
 Sec. 7656. Penalty for failure to file Register. — No 
 teacher shall be entitled to the last month's pay for any 
 school taught by him until he shall have returned to the 
 directors of the district in which such school was taught 
 the daily register furnished him, with all statistical work: 
 which teachers are by law required to perform, perfect- 
 ed and complete, and no director shall otherwise issue an 
 order for such last month's pay. (Act March 11, 188i, 
 Sec. 4.) ' 
 
 134 
 
DIGEST OF SCHOOL LAWS 
 
 TRESPASS ON SCH09LH0USES, ETC. 
 
 Sec. 7657. Penalty for destruction of property.-—^ 
 Any person who shall wilfully destroy or injure any 
 building used as a school house, or for other educational 
 purposes, or any furniture, fixtures or apparatus thereto 
 belonging, or who shall deface, mar or disfigure any such 
 building, or who shall deface, mar or disfigure any such 
 building, furniture or fixtures, by writing, cutting, paint- 
 ing or pasting thereon any likeness, figure, words or de- 
 vice, without the consent of the teacher or other person 
 'having control of such house, furniture or fixtures, shall 
 be fined in a sum double the value of any such building, 
 furniture, fixtures or apparatus so destroyed, and shall 
 be fined in a sum not less than ten nor more than fifty 
 dollars for each offense for writing,, painting, cutting ot 
 pasting in any such building, furniture or fixtures any 
 such words, figures, likeness or device, to be recovered by 
 civil action in any court of competent jurisdiction; and 
 the punishment provided in this section is in addition to 
 and not in lieu of, the punishment provided by the 
 statutes for such offenses. (Act December 7, 1875, Sec. 
 86.) 
 
 Sec. 1923. Penalty to deface. — To cut, write upon, 
 deface, disfigure or damage any part or appurtenance or 
 the inclosure of the statehouse, or any other building be- 
 longing to the state, or any church or schoolhouse, or 
 other public building, or to any citizen of this state, 
 when not occupied, shall be a misdemeanor punishable 
 by a fine not exceeding one hundred dollars. 
 
 disturbance of school. 
 
 Sec. 1653. Penalty for disturbance. — If any par- 
 ent, guardian or other person, from any cause, fancied 
 
 135 
 
DLGB&T OF SCHOOL LAWS 
 
 or real, visit any school and insult any teacher in the 
 presence of his pupils, the person offending by such con- 
 duct shall be liable to a fine of twenty-five dollars. (Act 
 December- 7, 1875, Sec. 85.) 
 
 Sec. 1927. Penalty for trespass. — Any person or 
 persons who shall, by any boisterous or other noisy con- 
 duct, disturb or annoy any public or private school in 
 this state, or any person not a student who, after being 
 duly notified to kee.p off the school grounds during the 
 School hours by the board of directors or the superinten- 
 dent or principal teacher in charge of any such 
 school, shall continue to trespass or go upon said 
 jgrounds, whether at recess or during the sessions of 
 said school, shall be guilty of a misdemeanor, and upon 
 conviction shall be fined in any sum not exceeding one 
 ♦hundred dollars. (Act Fe'bruary 16, 1893, Sec. 2.) 
 
 SCHOOL WARRANTS — DISBURSEMENTS OF FUNDS, ETC. 
 
 Sec. 7658. Certain officers prohibited from owning 
 school warrants. — It shall be unlawful for county collect- 
 ors and treasurers to purchase or otherwise be the own- 
 ers of or interested, directly or indirectly, in any school 
 warrant issued by any school director of the county in 
 which they reside. 
 
 Sec. 7659. School tax payable by warrant. — The 
 district school tax in each county may be payable and re- 
 ceivable in the warrants drawn by the directors of the 
 school district in which a school tax may be levied by the 
 county court. 
 
 Sec. 7660. County treasurer shall keep register. — 
 It shall be the duty of the county treasurer of each couu- 
 
 136 
 
DIOEST OF SCHOOL LAWS 
 
 ty to keep in his office a suitable and wdl-bound book, in 
 which he shall register by number and in the order of 
 presentation all district school warrants that may , be 
 presented tio him ; this registration to be made before the 
 warrant is paid, and it shall show the date of presenta- 
 tion of the. warrant, by whom drawn, on what district, 
 and in whose favor, and for what purpose drawn, the 
 amount and date of warrant, date of payment, and to 
 
 whom paid; and said book shall at all times be subject to 
 
 ; the inspection of any taxpayer. 
 
 Sec. 7661. Treasurer shall give notice of funds. — 
 It shall be the duty of the county treasurers, immediate- 
 ly upon tjie receipt by them of any school funds, to give 
 notice of the amount and kind of funds received, and 
 from what source received, by written or printed notices 
 put up in two public places in each and every school dis- 
 trict, and at the court house door, and the funds so re- 
 ceived shall be paid out on the warrants registered in ac- 
 cordance with the provisions of the preceding section. 
 (As amended by act of April 17, 1899. See Sec. 7552.) 
 
 Sec. 7662. Penalty for failure to comply. — Any of- 
 f cer failing to comply with the requirements of this act, 
 for each and every offense, shall be subject to indictment, 
 and, if found guiltjy, shall be punished by a fine of not 
 less than five hundred dollars and by confinement in the 
 penitentiary of the state for a period not less than three 
 -nor more than twelve months. 
 
 Sec. 7663. Director. — Penalty for fraud. — Any di- 
 rector who shall fraudulently issue any school warrant 
 shall be guilty of a misdemeanor, and, upon conviction, 
 shall be subject to the penalties enumerated in the pre- 
 ceding section. (Act May 27, 1874.) 
 
 137 
 
DIGEST OF SCHOOL LAWS 
 
 Sec. 7664. Treasurer's report. — Contains what. — 
 The county treasurer shall, on or before the tenth day of 
 August each year, forward to the superintendent of pub- 
 lic instruction a certified statement showing the amount, 
 in kind, of public school funds received by him; from 
 what sources they were received ; how and for what pur- 
 poses they have been disbursed, and what amount, in 
 kind, remains in the treasury. See Sec. 7648. 
 
 Sec. 7665. Warrants. — Time for presentation.-— 
 The order of any board of directors, properly drawn- 
 af^er the passage of this act shall be presented to the^ 
 treasurer of the proper county within sixty days after it 
 •was drawn by the aaid board of directors. All such or- 
 ders shall be paid in the order of their presentation;,. 
 provided, that this act shall not apply to warrants issued 
 prior to May 1, 1889. As amended by act of April 17,. 
 1899.) 
 
 Sec. 7666. Warrants shall he paid in order. — If 
 there are no funds with which to pay such order the 
 treasurer shall indorse the same : "Not paid for want Oi 
 funds," giving the date and signing his name officially.. 
 He shall number and record each warrant in the book 
 provided for such purpose, keeping a separate record for- 
 each district, and shall pay said warrants in the order of 
 their number. (Act March 21, 1885, Sec. 2.) 
 
 The treasurer is empowered to pay only the amount ' of the ■ 
 face of the warrant; there is no authority given him to pay inter- 
 •erst thereon. A. H. Andrews & Co. v. Delight 'Special School Dis- 
 trict, 95 Ark. 26, 128 S. W. 362. ' 
 
 Sec. 3509. Treasurer's commission. — He (the^ 
 county treasurer) shall be allowed, as commissions on 
 the aggregate amount of all the school funds of the coun- 
 
 138 
 
DIGEST OF SCHOOL LAWS 
 
 ty coming into his hands in any one year, the rate of two- 
 per cent, and no more ; provided, that if any county treas- 
 urer shall have taken commissions from any particular 
 school fund, the same fund shall not be subject to com- 
 missions in the hands of his successor in office.. (As 
 amended by act of March 12, 1895.) 
 
 , VIOLATION OF SCHOOL LAWS — DUTY OF PROSECUTING 
 
 ATTORNEYS. 
 
 Sec. 7667. He shall bring offender to trial — The 
 prosecuting attorney of each judicial district shall, upon 
 being satisfied that any violation of the school laws of 
 this state has been .committed by any officer or person,, 
 in any county of his district, which renders such officer 
 or person so offending liable to any fine, pain, penalty or 
 forfeiture for damage, without delay, institute in any 
 court of competent jurisdiction such proceedings as are 
 necessary to bring such offender to trial, and secure to 
 the county, school district, or person so damaged by such 
 violation, the benefits and reliefs to which each or any of 
 them may be entitled ; and for such services the prosecut- 
 ing attorney shall be allowed the same compensation as 
 he is allowed in cases of misdemeanor, which shall be 
 assessed against such offender as cost. (Act March 11, 
 1881, Sec, 10.0 
 
 SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN 
 CITIES AND TOWNS. 
 
 Sec. 7668. Cities and towns may be special dis- 
 tricts. — Any incorporated city or town in this state, in- 
 cluding the terriory annexed thereto for school pur- 
 poses, may be organized into and established as a single 
 school district in the manner and with the powers here- 
 inafter specified; provided, all school districts which are 
 
 139 
 
DIGEST OF SCHOOL LAWS 
 
 already organized and all hereafter organized under this 
 'Act, shall include all the territory of the city or town, 
 xind when the limits of the city or town are exended so as 
 to include territory not before within the school districc, 
 ■all of said new territory into the city or town be- 
 <iome a part of special district of said city or town. 
 (Act May 31, 1909.) 
 
 In the case of Beavers vs. State, 60 lArk., 124, it is held that 
 the territory, which was iiicluded witlh the incorporated city or 
 town, in a common school district prior to its formation into a 
 single school district, is not by the act or organization included 
 therein and can only be so included by annexation as provided 
 for in Section 7695. 
 
 Sec. 7669. Voters may petition for election. — Up- 
 on the written petition of twenty voters of such city or 
 town, praying that the sense of the legal voters of said 
 -city or town may be taken on the adoption of this act for 
 the regulation and government of the. public schools 
 therein, it shall be the duty of the mayor of such city or 
 town, within five days after the presentation of such 
 petition, to designate and fix a day, not less than seven 
 nor more than fifteen days distant, for holding an elec- 
 tion in said city or town for that purpose and also for the 
 election by ballot, at the same time, of a board of six 
 school directors for said city or town. 
 
 Sec. 7670. Mayor shall give notice of election. — 
 The mayor shall cause notice of said election to be given 
 by posting notices in at least five public places in said 
 city or town, and by one insertion in such newspapers 
 as may be published in said city or town. The electors 
 at said election desiring to vote in favor of the adoption 
 of this act shall have written or printed on their ballots, 
 "For the school law," and those opposed thereto shall 
 have written or printed on their ballots, ''Against the 
 
 140 
 
DIGEST OF SCHOOL LAWS 
 
 scnool law"; and if a majority of the ballots cast at said 
 election shall be 'Tor school law", then, and in that case 
 only, shall such city or town be deemed and held to be a 
 single school district under and in pursuance of this act, 
 and the directors voted for and elected at said election 
 shall qualify and enter upon the discharge of their du- 
 ties as hereinafter provided. {lb., part Sec. 2.) 
 
 The preceding sections are to determine whether the special 
 act for the regulation of public schools in cities and towns shall 
 be adopted. They are preliminary to organization. They require 
 the following modus operandi: 
 
 1. lA written petition of twenty voters asking that tflie sense 
 of the legal voters be taken on the adaption of the aict. 
 
 2. The mayor must fix within five days from the presenta- 
 tion of said petition a day for said election. 
 
 3. Said election shall not be less than seven nor more than, 
 fifteen days from the date of the proelamaition. 
 
 4. iSaid election shall also determine by ballot a board of six 
 directors. i ' 
 
 5. The mayor must promulgate the election notices by post- 
 ing and printing should there be a paper. 
 
 6. The electors must vote by ballot and as prescribed. 
 
 7. A majority of all the votes case are necessary to make 
 said city or town a single school district. 
 
 Sec. 7671. Election — How held. — On the third Sat- 
 urday in May, 1893, and annually thereafter, an election 
 shall be held at the usual voting place in each ward of all 
 incorporated towns and cities heretofore organized inio 
 single or special school districts, for the election of two 
 directors, who shall serve for three years, and until their 
 successors are elected and qualified. The ballot of the 
 voter, in addition to the names of the persons voted for 
 as directors, shall have written or printed on it the 
 words "for tax", "against tax", and the rate the voter 
 desires levied ; provided, in incorporated towns and cities 
 
 141 
 
DIGEST OF SCHOOL LAWS 
 
 cf the second class, the election may be held at one or 
 more of the voting places therein, and not in each ward, 
 if the board of directors shall so direct by notice posted 
 in three public places in said city or town ten days be- 
 fore the election designating the place or places at which 
 said election shall be held. 
 
 S53. 7672. Directors shall giue notice of election. — 
 When any special school district has been organized as 
 provided by law, the board of directors shall give notice 
 of each annual election at least fifteen days previous to 
 such election, by posting notices in at least five public 
 places in said district. 
 
 Sec. 7673. Who shall hold election. — Said election 
 shall be held by the judges appointed to hold the munic- 
 ipal elections in said city or town next preceding the 
 said election, for the ward or wards in which such school 
 election may be held. The judges at each voting place 
 shall appoint two clerks, and each judge and clerk shall 
 take the oath required by law, and shall receive for their 
 services the sum of one dollar each, to be paid out of the 
 scliool fund of the district on the order of the board of 
 directors. 
 
 Sec. 7674. Polls — When open. — The judges shall 
 cause the polls to be opened at nine o'clock and closed at 
 sunset 
 
 Sec. 7675. When voters may select judges. — If any 
 of the regular judges shall fail to appear by ten o'clock, 
 the assembled voters, not less than ten in number, shall 
 select other judges in their places. 
 
 Sec. 7676. Where voters may vote. — If the election 
 
 142 
 
DIGEST OF SCHOOL LAWS 
 
 .shall be held in all the wards of the city or town, each 
 voter shall vote in the ward where he resides. Provided, 
 voters residing in any part of the district not embraced 
 in any ward may vote at any place they may deem most 
 
 convenient. 
 
 • 
 
 Sec. 7677. Returns of election made to clerk, — The 
 returns of said election shall be made to the county clerk, 
 who shall forthwith deliver a certificate of election to 
 aach of the persons elected directors. 
 
 Sec. 7678. Clerk shall certify result to county court, 
 — He shall also declare the result of the votes for and 
 against tax, and certify the same to the county court on 
 the first day of the term fixed by law for levying county 
 taxes ; and the rate of taxes so certified shall be levied by 
 the court as other school taxes. 
 
 Sec. 7679. Directors shall take oath — when. — Each 
 person elected director shall take the oath of office with- 
 in five days after receiving a certificate of election, which 
 shall be filed with the county clerk, and thereafter dur- 
 ing his term of office no further oath nor affidavit shall 
 be required of him in the discharge of his official dutie.;^. 
 
 Sec. 7680. . Chapter 57 does not apply, — The provis- 
 ions of chapter 57 shall have no application to the elec- 
 tions herein provided for. (Act April 10, 1893, Sees, 
 1-7.) 
 
 Chapter LVII, referred to in above section, is that providing 
 for general elections (Kirby's Digest). 
 
 Sec. 7681. Board to organize — how. — The board of 
 directors shall organize by choosing from their own 
 
 143 
 
DTGiEST OF SCHOOL LAWS 
 
 rxumber a president, who shall hold his office until the 
 last Saturday in May, and the said board shall at the 
 same time choose a secretary who may also be clerk of 
 the board, and said secretary may be chosen from per- 
 sons other than members of the board, and he shall hold 
 his office until the last Saturday in May, and annually 
 en that day the said board sh^ll meet and elect a presi- 
 dent and secretary in the same manner as provided 
 above. (Act March 24, 1911.) 
 
 Sec. 7682. School hoard may fill vacancy. — If the 
 office of director in any special school district shall be- 
 come vacant, the remaining directors of said district 
 shall elect a director to fill such vacancy, who shall serve 
 until the next annual election for school directors, at 
 which time, all vacancies shall be filed by the electors for 
 the unexpired term. (For Newton and Sevier counties 
 isee Act 458, Acts 1911.) 
 
 Sec. 7683. Board shall meet — When, — Said board 
 of directors shall hold a regular meeting on the last Sat- 
 urday in each month, and may hold stated meetings at 
 such other times and places in said district as they may 
 appoint; four members of said board shall constitute a 
 quorum, but a less number may adjourn from time to 
 time; special meetings thereof may be called by the 
 president, or by any two members of the board, on giv- 
 ing one day's notice of the, time and place of the same, 
 and, in case of the absence of the president at any meet- 
 ing of the board, a president pro tempore shall be 
 chosen. The office of any member of said board, as 
 such, who shall, without good cause, fail to attend three 
 consecutive monthly or stated meetings of said board, 
 may be declared vacant by the board. The board may 
 make rules and regulations for their own government 
 
 144 
 
^ BIGEST OF SCHOOL. LAWS i 
 
 and for the dispatch and regulation of the school busi- 
 ness and the affairs of the district, not inconsistent, 
 with law. (Act February 4, 1869, Sec, 4.) 
 
 Sec. 7684. Powers of board, — Said board of di- 
 rectors shall have power to purchase or lease, school- 
 house sites, to build, hire or purchase schoolhouses, and 
 to keep in repair and furnish Jhe same with the neices- 
 sary seats, desks, furniture, fixtures and fuel, and to in- 
 sure the same ; to fence the school grounds, ei'ect out- 
 houses, provide wells and make all other improvements; 
 en the schoolhouse grounds and schoolhouses belonging: 
 to said district necessary and proper for the comfort, 
 convenience and health of the scholars, and the preserva- 
 tion of said property; to hire teachers for all public 
 schools of the district, employ a superintendest of 
 schools, who may also be principal of any graded or 
 high school that said board may establish ; to provide 
 books and apparatus for the schools, and the necessaiy 
 blank books and stationery for the board, and school 
 registers and the blanks for the teachers ; to establish 
 and maintain a sufficient number of primary, graded or 
 high schools to accommodate all the scholars in said dis- 
 trict ; to determine the branches to be taught and the 
 text-books to be used in the several schools of the dis- 
 trict ; to admit pupils not belonging to the district on 
 such terms as they may agree upon with the parents, or 
 guardians of said pupils, or the district from whence 
 they came ; to appoint a board of three visitors and ex- 
 aminers for the schools of the district, which board shall 
 examine persons applying to teach in any of the schools 
 of said district; provided, no teacher shall be employed 
 who does not hold a certificate from the. state superin-^ 
 tendent or county examiner; to examine, from time to 
 time, the books and the accounts of the county treas- 
 
 145 
 
DIOBST OF SCHOOL LAWS 
 
 *urer, so far as the same relate to the several schooJ 
 funds belonging to the district; and when, in the opinion 
 *of a majority of the members of said board, the best in- 
 it^rest of the (district demand a sale or exchange of any 
 real estate or school house site belonging to the the dis- 
 trict, they may sell or exchange the same, the deed 
 tlierefor to be executed by the president of the board 
 upon a majority vote of the whole board of directors 
 authorizing and directing such sale or exchange. /&., 
 Sec, 5. 
 
 This section does not authorize the directors to substitute 
 their examination for that of the examiner. The examiner's ri'ghts 
 are superior to those of the directors. He should examine ' under 
 his oath, and license or refuse to license as his judgment decides, 
 and is not accountable to any board of directors. Nor should he 
 hold his examination in connection mth the examination of the 
 board. His work should be entirely separate from their worlc. 
 They have the right to examine, but not to interfere in any par- 
 ticular with the examiner's work. 
 
 REMOVAL OF A TEACHER FOR INiCOMPBTENCY. 
 
 ITnder ^Sections 7684 and 7685, which enjoin the board of 
 school directors to ihire suitable teachers; to enforce all necessary 
 rules for the government of teachers and pupils; and to visit the 
 schools and observe the discipline and progress of the pupils, the 
 board has the power to remove a teacher for incompetency and 
 for immorality; and the fact that the teacher has been duly li- 
 cnsed by the county examiner, and that the latter has failed to re- 
 voke the license as he is empowered to do by Section 7573, is not 
 conclusive to the board as to competency or morality of the teach- 
 er. The fact that the board has tolerated the teacher's misconduct 
 land Inefficiency for a time does not operate as a waiver of its 
 rights to discharge him therefor, -as the teadher's undertaking to 
 perform his duty in a moral and skillful manner is assumed for the 
 benefit of the school, its pupils and patrons, and not for the 
 benefit of the aboard. School District of Port iSmith v. Maury, 53 
 4A.rk., 471. 
 
 Sec. 7685. Board shall establish schools. — It shall 
 1)6 the duty of said board, as soon as the means for that 
 purpose can be provided, to establish in said district an 
 
 146 
 
DIGEST OF SCHOOL LAWS 
 
 ^adequate number of primary schools, so located as best 
 to accommodate the inhabitants thereof; and it shall be 
 the further duty of said board to establish in said dis- 
 trict a suitable number of other schools of a higher 
 ^^rade or grades, wherein instruction shall be. given in 
 such studies as may not be provided for in the primary 
 schools ; the number of schools, the grades thereof, and 
 the branches to be taught in each and all of said schools 
 to be. determined by said board. It shall be the duty of 
 said board to keep said schools in operation not less than 
 three nor more than ten months in each year. The said 
 board shall have power to make and enforce all neces- 
 sary rules and regulations for the government of teach- 
 ers and pupils in said schools. Said board shall also, 
 separately or collectively, together with such persons as 
 they may appoint or invite, visit the schools in the dis- 
 trict at least twice in each year, and observe the dis- 
 cipline, mode of teaching, progress of the pupils, and see 
 that the teachers keep a correct register of the pupils, 
 embracing the periods of time during which they attend 
 school, the branches taught, and such other matters as 
 may be required by law or by the instructions of the 
 state superintendent. (lb., Sec. 6.) 
 
 Sec. 7686. Board shall order warrants drawn. — 
 No draft or warrant shall be drawn on the county treas- 
 urer, except in pursuance of an order of said board ; all 
 drafts or warrants on the treasurer shall be signed by 
 the president, or president pro tempore, and the secre- 
 tary, and shall specify the fund on which they are drawn 
 and the use for which the money is, assigned. (/&., Sec. 
 8.) 
 
 Sec. 7687. Secretary — Duties of. — The secretary 
 shall record all the proceedings of the board in books 
 
 147 
 
DIGEST OF SCHOOL LAWS 
 
 kept for that purpose ; shall make and preserve copies of 
 all reports required by law to be made to the state 
 superintendent of public instruction or county examiner; 
 shall file all papers transmitted to him pertaining to the 
 business of the district ; shall make, or cause to be made, 
 the annual enumeration of the youth of the district in 
 the time and manner required by law of school direct- 
 ors, and shall perform such other duties as the board of 
 directors may order and direct; and for his services may 
 be allowed reasonable compensation, to be audited and 
 allowed by a majority of said board. The other mem- 
 bers of said board shall receive no compensation for 
 their services. (lb., Sec, 9), 
 
 Sec. 7688. Board shall control real property. — Tlie 
 title of all real estate and other property belonging, for 
 school purposes, to any city or town organized into a 
 separate school district under this act, shall vest, and 
 hereby is vested, in said city or town, as a school district 
 and shall be under the management and control of the 
 board of school directors for said district as fully and 
 completely as other school property belonging to said 
 district. (lb., Sec. 10.) 
 
 Sec. 7689. District shall be known by name of city. 
 — All school districts formed under and governed by this 
 act shall be known by the name of the city or town con- 
 Istituting the district, with the words^'School District of 
 prefixed thereto (as, for example, ''School District of 
 Little Rock") ; and by such name, may sue. and be sued, 
 contract and be contracted with, purchase, acquire, hold 
 and sell property, receive gifts, grants and bequests, and. 
 generally shall possess and enjoy all the corporate pow- 
 ers usually possessed^by bodies corporate of like char- 
 Acter. The style of the board of directors for school dis- 
 
 148 
 
DIGEST OF SCHOOL LAWS 
 
 "tricts under this act shall be **Board of School Directors.'* 
 </6., Sec, 11.) 
 
 Sec. 7690. Board shall pay all debts. — The board 
 of school directors of any district organized under this 
 act shall pay and discharge all debts and liabilities law- 
 fully incurred by the several school districts existing 
 under previous law and embraced in the district organ- 
 ized under this act. (ib,. Sec, 12.) 
 
 Sec. 7691. Penalty for failure to qualify. — Any 
 person elected a director under the provisions of this act 
 who shall fail to take the oath of office and qualify 
 as herein required, or who, after qualifying as ^\xch 
 director, shall fail to perform and discharge the official 
 duties incumbent upon him as a director, shall be liable 
 to the same penalties that now are or may be hereafter 
 provided by law against directors of school districts for 
 failing or refusing to qualify, or for neglect of official 
 duty. (76., Sec. 13.) 
 
 Sec. 7692. May appoint and fix term of examin- 
 ers, — The board of directors may fix the term of office 
 'and define the duties of the board of visitors and exam- 
 iners of the public schools in their district, and any per- 
 son appointed by the board of directors a member of 
 said board of visitors and examiners who shall refuse to 
 act as such, and discharge the duties pertaining to such 
 position, shall forfeit and pay to said district the sum of 
 «twenty-five dollars, to be recovered in civil action in the 
 name of said district, and added to the teachers' fund be- 
 longing to said district. Provided, no person shall be 
 compelled to serve in that capacity more than three con- 
 secutive years. Said board of visitors and examiners 
 
 149 
 
rXLGEST OF SCHOOL LAWS 
 
 shall receive no compensation for their services. (lb,. 
 Sec. 14.) 
 
 Sec. 7693. Special districts shall have share of 
 general fund, — All school districts organized under this 
 act shall have and receive their full proportion and dis- 
 tributive share of the general school fund of the state,, 
 in the same manner and according to the same rule as it 
 is or may be apportioned to other districts. (/6., Sec^ 
 15.) 
 
 Sec. 7694. Superintendent and examiner may sui- 
 gest. — It shall be the duty of the state superintendent 
 and county examiners to make such suggestions and 
 recommendations to the board of directors in relation to 
 organizing and conducting the public schools in the dis- 
 tricts organized under this act as they shall deem im- 
 portant. 
 
 Sec. 7695. General school law shall\ apply. — The- 
 provisions of the general school laws of the state which 
 are now or may hereafter be in force, when not inap- 
 I)licable, and so far as the same are not inconsistent with- 
 and repugnant to the provisions of this act, shall apply 
 to districts organized under this act; and such pro- 
 visions of said laws as are inconsistent with and re- 
 pugnant to the provisions of this act and inapplicable to 
 districts organized thereunder, shall have no operation, 
 force or effect in such districts. The county court shall 
 annex contiguous territory to jingle school districts un- 
 der the provisions of this act, when a majority i of the 
 legal voters of said territory and the board of directors 
 of said single district shall ask, by petition, that the- 
 jsame shall be done. (Ih., Sees. 16 and 17.) 
 
 150 
 
DIGEST OF SCHOd* LAWS 
 
 Sec. 7695-a. — Electors may organize any given ter-^ 
 ritory into special school districts. 1. That when the 
 people of any given territory in any county in this state,, 
 other than incorporated cities and towns, desire to .avail 
 themselves of the heneiits of all laws of this state, for 
 the regulation .of public schools in incorporated cities or 
 towns, they may be organized into and established as a 
 single school district in the manner and with powexs 
 therein provided, with such modifications of said laws 
 as are herein provided. {Acts 1909, Act 321. Approved 
 May 31, 1909.) {Amended by Act 169, Acts of 1911. 
 See Sees. 7519-a et seq.) 
 
 Sec. 7695-b. — Betitions to be accompanied by maps 
 showing territory affected. 2. That the petitions pro- 
 vided for in Section 7669 of Kirfcy's Digest of the laws 
 of Arkansas shall be accompanied by a map showing the 
 territory asked to be made into the special district and 
 shall be presented to the county judge of the county con- 
 taining such territory, who shall perform the duties im- 
 posed upon the mayor of cities and towns in said original 
 Act, and with like force and effect and said county judge 
 shall designate the time and place for holding the ejec- 
 tion provided for therein, and shall appoint three quali- 
 fied electors of the proposed territory to hold said elec- 
 tion. 
 
 Sec. 7695-c. — Districts to have poiver to \ borrow 
 money. 3. That all school districts created under this 
 Act .shall have the power to borrow money as any other 
 spe.cial or single district, in cities or incorporated towns, 
 when a majority of the legal electors vote for the same, 
 at any annual school meeting. 
 
 Repealing Clause : All laws and parts of laws in 
 
 151 
 
DIGEST OF SCHOOL LAiWS 
 
 conflict with this Act are hereby repealed and this Act 
 be in force, and effect from and after its passage. 
 
 BUlRAiL SPECIAL SCHOOL DISTRilCT— Organization of.— 
 Under the authority of Acts 1909, o. 321, any given territory in any 
 given county, outside of incorporated cities and towns and the ter- 
 ritory annexed thereto for school purposes, may be organized into 
 a rural special school district, except territory already included 
 Within a special school district. Bonner v. Snipes, 103, Ark., 298. 
 
 SAME. — Petition — iResidence of petitioners. — ^Where a petition 
 l/B presented to t(he court to establish a rural special school dis- 
 trict, out of territory composed of several common school districts, 
 under Acts 1909, c. 321; it is immaterial where the petitioners re- 
 side, provided they reside within the territory affected. (Ibid.) 
 
 SAME. — When rural special school districts created. — ^A rural 
 special school district is created under Acts 1909, c. 321, whenever 
 & majority of the qualified electors within the territory named in 
 the petition vote for its establishment. (Ibid.) 
 
 SAME. — (How rural special school district created. — No offi- 
 cial canvass of votes upon the question of establishing a rural spe- 
 cial school district is provided by Acts 1909, c. 321, nor is it neces- 
 sary that tlhe county court shall make or enter of record any orders 
 as to such special election or relative to the establishment of such 
 district. (Ibid.) 
 
 iSAMiB. — 'Establishment. — Where a majority of the voters with- 
 in certain territory voted to form a rural special school district, 
 under Acts 1909, c. 321, it was not within the province of the coun- 
 ty court to limit the purpose for which the district was formed by 
 atating that certain schools for colored clhildren should remain as 
 heretofore, nor can it affect the validity of the organization or 
 establishment of the district that the petition praying for its forma- 
 tion, stated that such schools should be maintained as before. 
 <Ibid.) 
 
 SAME. — ^Creation of new district — ^Diversion of funds. — ^Where 
 several common school districts are combined into one rural spe- 
 cial school district, the school taxes previously levied and collected 
 by such common sdhool districts and turned over to the new dis- 
 trict are not wrongfully diverted within Art. 14, Sec. 2, of the 
 tjonstitution, since all the money so collected will he expended for 
 the benefit of the inhabitants of such district. Bonner v. Snipes, 
 103 Ark., 298. 
 
 SiCHOOLS. — ^Formation of rural special school district. — Ter- 
 ritory once organized and established into a rural special school 
 district, under act of May 31, 1909, as amended by act April 7, 
 
 152 
 
DIGEST OF SCHOOL UAWS 
 
 '1911, can not be cut off and included within anotiher rural special 
 school district. Crow v. Special District No. 2, 102 Ark., 401. 
 
 Sec. 7696. — Special free school districts .may .bar- 
 row money. 1. All special free school districts in thte 
 State of Arkansas are hereby authorized and empower- 
 ed for the purpose of raising funds for the erection and 
 equipment of necessary school buildings, to borrow 
 money and mortgage the real property of the district as 
 security therefor, under such conditions and regulations 
 as to amount, time and manner of payment as the board 
 of directors of said school district shall prescribe, and 
 renew and extend from time to time, any evidence of in- 
 debtedness or- mortgage, or both, issued or made by vir- 
 tue thereof, and to refund such indebtedness and exe- 
 cute new^ evidences of indebtedness and mortgages 
 therefor. {Act 25, Approved Feb. 1th, 1913.) 
 
 Sec. 7697. Notes and warrants valid. — Said evi- 
 dence of indebtedness, whether warrants or promissory 
 notes, or both, and mortgages, shall be in form in all 
 respects as other instruments of like kind are required 
 by law to be, and shall have the same force and effect as 
 they would if executed by natural persons, and the war- 
 rants shall have the same validity as they would if there 
 were money in the county treasury to pay the same at 
 the time they were drawn, and may be drawn payable in 
 the future and need not be registered with the county 
 treasury until the time for payment, but shall be drawn 
 upon the building fund and paid out of it in the order of 
 their date, as the building fund is provided and collected 
 by successive levy and collection, and said special school 
 dii^tricts shall be allowed in law or equity no defense 
 jnerely by reason of the fact that it is a school district. 
 {Ibid, Sec. 2.) , 
 
 153 
 
DIGEST OF SCHOOL LAWS 
 
 Sec. 7698. District shall have rights of natural 
 person. — Nothing in this act shall be so construed as to 
 prevent or cut off from any such school district any 
 right in, law or equity which a natural person might 
 claim and assert in like circumstances; and in any ac- 
 tion by or against said distriCjt arising on any instrument 
 or contract made under this act, the district shall, as far 
 as practicable, be deemed and treated as natural persons. 
 (lb., Sec, S.) 
 
 This general act impliedly repealed the special act passed 
 earlier the same session authorizing special school of Fordyce to 
 horrow money to the amount of $r5,000.00. Hampton v. Hickey, 
 «8 Ark. 3'24, 114 S. .W. 707. 
 
 STATE BOARD OF EDUCATION. 
 (State High School Board.) 
 
 Sec. 7699-a (See Sec. 74Si-a)— Board created; 
 composed of whom. 1. A board consisting of the State 
 Superintejiden|t of Public Instruction, the President of 
 the University of Arkansas, and a city superintendent 
 of schools or a high school principal of this State, said 
 superintendent or high school principal to be appointed 
 by the Governor, is hereby established, said board shall 
 be known as the State High School Board, and shall per- 
 form any duties hereinafter prescribed until such time 
 as a State Board of Education is created by the Legis- 
 lature. When said State Board of Education is created 
 the duties hereby conferred upon the State High School 
 Board shall devolve upon said State Board of Education. 
 The city superintendent, or high school principal, con- 
 stituting the third member of said board as herein pro- 
 vided, shall hold his office for a period of four years and 
 until his successor is appointed and qualified, unless a 
 State Board of Education is created before the expira- 
 
 154 
 
DrG-EST OF SOHOOL LAWS 
 
 tion of said four years. When said State Board of Edu- 
 cation is created, said State High School Board shall 
 turn over its records and all unexpended funds held by 
 it together with all other property to the State Board of 
 Education. The members of the State High School 
 Board, as provided for herein shall not receive any 
 compensation for their services on said board other than 
 traveling and necessary expenses incident to the per- 
 formance of their duties in carrying out the terms of 
 this Act. Provided, the State Superintendent of Public 
 Instruction shall receive no compensation for any ex- 
 penses as a member of said board. (Acts 1911, Act 328. 
 Approved May SOth^ 1911.) 
 
 Sec. 7699-&. — Board to organize. 2. Said State 
 High School Board (State Board of Education) shall 
 organize by electing one of its members chairman and 
 one secretary. It shall adopt such rules and regulations 
 for the conduct of its business as it may deem expedient. 
 
 Sec. 7699-c. — To classify High Schools of State. 3. 
 It shall be the duty of said State High School Board 
 (State Board of Education) to classify the high schools 
 of the State, receiving aid as provided herein, into four 
 year high schools, three year high schools and two year 
 high schools and establish normal training departments 
 in such four year high schools as provided herein. 
 
 Sec. 7699-cZ. — Board to designate schools in which 
 normal training may be established. 4. The State High 
 School Board (State Board of Education) shall designate 
 the four year high schools in which normal training de- 
 partments shall be established and shall prescribe the 
 courses of study to be adopted and taught in said schools 
 in connection with the regular high school courses. Said 
 
 155 
 
DIGEST OF SCHOOL LAWS 
 
 "board shall determine by proper examination, the qualifi- 
 ■cations of all teachers employed in said normal depart- 
 ments and approve their selection. The object of said 
 normal department 'i^s to instruct teachers in the best 
 raethods of organization, teaching and managing the 
 common schools of the State. 
 
 Sec. 7699-6.-70 be only one of any such schools in 
 ^any 07ie county, — The State High School Board {State 
 Boao^d of Education) shall not aid more than one high 
 school in any one county for normal training purposes; 
 -shall not designate for normal training purposes any four 
 year high school having fewer than three teachers devot- 
 ing their entire time» to high school instruction, in addi- 
 tion to the normal training teacher. Any school receiving 
 aid from the State High School Board {State Board of 
 Education) for the training of teachers, as herein provid- 
 ed shall provide, at its own expense, a professional libra- 
 ry for said, school -to be approved by the State Superin- 
 tendent of Public Instruction. No student shall be gradu- 
 ated from the normal training department of said school 
 who has not completed the full four years' course pre- 
 scribed for high schools, including the normal school 
 work. All money received from the State in aid of high 
 schools having a normal training department shall be 
 -expended for teaching in the normal training department. 
 Acts 1911, Act 328. Approved May 30, 1911. 
 
 Sec. 7699-f. — Graduates to he licensed without fur- 
 ther examination. — The Superintendent of Public In- 
 struction shall issue to graduates of normal training de- 
 partments, as herein provided, who are of good moral 
 character, a certificate, entitling them without further 
 examination to a license to teach in any of the common 
 -schools of this State for a period of two years. Aft(?r 
 
 156 
 
DIGEST OF SCHOOL. LAWS 
 
 twelve months of successful teaching, said certificate may 
 be raised to a full normal training school certificate, with- 
 out further examination of the holder thereof, which 
 shall entitle him to teach in any of the common schools of 
 the State for a period of six years ; provided, the holder 
 of said certificate shall pursue the professional course of 
 reading prescribed by the State Superintendent of Pub- 
 lic Instruction. Authority is hereby conferred upon said 
 State Superintendent of Public Instruction to revoke for 
 good cause shown, any certificate issued in pursuance of 
 the terms and provisions of this Act. {Acts 1911, Act 
 328. Approved May 30, 1911.) 
 
 Sec. 7699-5r. — Who entitled to free tuition, — All chil- 
 dren of any county, in which is located a high school re- 
 ceiving State aid as herein provided, who shall have fin- 
 ished the elementary course of study as prescribed by the 
 State Superintendent of Public Instruction shall, on ap- 
 plication, be admitted to said high school free of tuition, 
 as provided herein. (Acts 1911, Act 328. Approved May 
 30, 1911.) 
 
 Sec. 7699-/1. — Pupil to furnish elementary certifi- 
 >cate. — Any pupil, whether of the county in which said 
 high school is located, or other county, desiring to avail 
 himself of the provisions of this Act shall present to the 
 principal of said high school a certificate from the princi- 
 pal of the school in which he finished his elementary 
 course, showing that he has completed same. Said certifi- 
 cate shall be approved by the county examiner, or county 
 superintendent of the county from which said pupil comes 
 Said certificate shall also show that said pupil is of good 
 moral character. If the principal of said high school is 
 not satisfied with the evidence produced as to the qualifi- 
 cations and character of said applicant, he may require-. 
 
 157 
 
DIGEST OF SCHOOL. LAWS 
 
 said applicant to submit to further examination. (Acts 
 1911, Act 328. , Approved May 30, 1911.) 
 
 Sec. 7699-i. — All teachers to he admitted free. — All 
 teachers of common schools in any county of this State, 
 regardless of their age, in which is located a high school, 
 receiving State aid, -as provided herein, shall without 
 charge, be admitted to said schools. Any teacher, desiring 
 to take advantage of this Act, shall present to the princi- 
 pal of said school a certificate from the county examiner, 
 or county superintendent, of the county in which said 
 school is located, showing that he is a teacher in the com- 
 mon schools of the county and entitled to free tuition un- 
 der this Act. (Acts 1911, Act 328. Approved May 30, 
 1911.) 
 
 Sec. 7699-y. — Those not entitled to free tuition to pay 
 $1.50 in advance. — The tuition of students who are resi- 
 dents of a county having no high school, desiring to at- 
 tend high school shall be $1.50 each month in advance. 
 P. shall be the duty of the district from which a pupil 
 comes, to pay said tuition out of the common school fund 
 belonging to the district ; provided, said district is finan- 
 cially able to maintain its common school or schools six 
 nionths during each year. In the event said district has 
 not sufficient funds to maintain its school or schools six 
 months in the year, then the pupil applying for admission 
 in said high school shall pay the tuition herein specified. 
 (Acts 1911, Act 328. Approved May 30, 1911.) 
 
 Sec. 7699-A;. — Tuition how paid. — It shall be the 
 duty of the school board of any district under Obligation 
 to pay the tuition provided for under this Act, having a 
 pupil or pupils attending the high school, to draw its war- 
 rant in favor of the school board of said high school at- 
 
 158 
 
DIGEST OF SCHOOL LAWS 
 
 tended by said pupil upon receipt of bills from the secre- 
 tary of the school board of said high schools. (Acts 
 1911, Act 328. Approved May 30, 1911. 
 
 Sec. 7699-?. — Board to supervise distribution of all 
 funds, — The State High School Board (State Board of 
 Education) shall supervise the distribution of all funds 
 derived in aid of high schools ; prescribed rules and regu- 
 lations governing the distribution of all funds received; 
 require annual reports from all high schools receiving 
 state aid ; prepare and publish courses of study for said 
 schools and require general conformance to such courses 
 of study as may be prescribed for said schools and pro- 
 vide for the inspection of said high schools. Authority is 
 hereby conferred upon the State High School Board 
 (State Board of Education) in its discretion to withdraw 
 aid from any and all schools failing to comply with the 
 terms and conditions of this Act. 
 
 Sec. 7699-m. — What city schools not entitled to state 
 aid. — No State aid for general school purposes shall be 
 granted to a school in any city or town having over 3500 
 inhabitants, as shown by the last census ; provided, that 
 this restriction shall not apply to state aid for the en- 
 couragement of normal training. State aid shall not be 
 granted to a high school with fewer than twenty-five 
 high school students ; provided, State aid may, at the dis- 
 cretion of the State High School Board (State Board of 
 ^Education) for a period not to exceed two /ears, be ex- 
 tended to rural high schools having not fewer than fifteen 
 high school students. The funds received for State aid 
 to high schools shall be expended in the payment of the 
 salaries of high school teachers only and State aid shall 
 be granted to no school for whose support the district, in 
 which said school is located, does not expend upon its 
 
 159 
 
DIGEST OF SCHOOL LAWS 
 
 high school department an amount equal to the aid ex- 
 tended by the State. 
 
 Sec. 7699-71. — Funds, how distributed. — In the dis- 
 tribution of State Aid for general high* school develop- 
 ment, the board may, at its discretion, grant to any four 
 year high school in any one year, in sums not to exceed 
 eight hundred ($800.00) dollars; to a three year high 
 school in any one year, any sum not to exceed six hundred 
 ($600.00) dollars; to a two year high school in any one 
 year, any sum not to exceed four hundred ($400.00) dol- 
 lars; pro-vided, said board shall not grant to the schools 
 of any one county more than five per cent of the total 
 funds provided by this Act for aid to high schools. In 
 distributing aid for normal training the boara may not 
 appropriate annually to any one high school over one 
 thousand ($1,000.00) dollars; provided further, that no 
 high school shall receive annually for general high school 
 development and normal training an amount in excess of 
 one thousand ($1,000.00) dollars. 
 
 Sec. 7699-0. — Makes appropriation. — For the purpose 
 of defraying the expense of said board and carrying out 
 the terms and conditions of this Act in developing and 
 aiding high schools, as herein provided, the sum of forty 
 thousand ($40,000.00) dollars, or so much thereof as may 
 bi: necessary is hereby appropriated out of the common 
 school fund of the State, each year; and for the purpose 
 of normal training in normal training departments to 
 said high schools, as provided herein, the sum of ten 
 thousand ($10,000.00) dollars, or so much thereof as may 
 be necessary is hereby appropriated out of the common 
 school fund of the State, each year. 
 
 Sec. 7699-2?. — Hoiv money expended. — All moneys 
 ?60 
 
DIGEST OF SCHOOL LAWS 
 
 expended by the State High School Board {State Board 
 of Education) , under the terms of this Act, shall be by 
 certificate to the State Auditor, signed by the chairman- 
 and secretary of said board. The State Auditor on pr<3- 
 se.ntation of said certificate, properly signed, shall issue 
 his warrant on the State Treasurer for the amount naitied 
 in the certificate and it shall be the duty of the^ State 
 Treasurer to pay the county treasurer of the county whexe 
 in the high school, receiving the State aid specified. in the 
 certificate, upon which said warrant was issued, is situ- 
 ated, the amount thereof, out of any unexpended balance 
 of money appropriated by this Act, remaining in the, Siaie 
 Treasury. The county treasurer, receiving money .under 
 the terms of this Act, shall place the same to the clrMit of 
 the district in which is situated the high school, receiving 
 such State aid and such money for the pui'pos^; as herein 
 provided, may be drawn from the county treasury' upoai 
 the warrants of the directors of said school district, as 
 provided by law. .Provided, no officer shall receive any 
 commission or per cent for handling any of the f un^ds ap- 
 propriated or disbursed under the terms of this Act.' ' 
 
 Repealing Clause: All laws and parts of laws iti 
 conflict with this Act are hereby repealed, and this Act 
 being for the protection of the public peace, health and 
 safety, shall go into effect and be in force from and after, 
 its passage. {Approv^ed May 3'0,1911.) 
 
 SCHOOL LANDS. _ ^ 
 
 Sec. 7700. Inhabitants may petition for sale,-- — 
 Whenever the inhabitants of any congressional township 
 in this state shall desire the sale of the sixteenth section 
 of such ownership, or of any lands substituted theref ory or 
 any which have been or may be mortgaged to the. State 
 
 161 
 
DIGiEST OF SCHOOL LAWS 
 
 *of Arkansas for the use of the school fund, which after 
 foreclosure and sale have been stricken off to the State of 
 Arkansas, they may, by written petition, signed by a 
 majority of the adult male inhabitants of such township 
 -require the collector of taxes, or if there be no collector, 
 then the sheriff of the county wherein such land is situ- 
 ated to sell the same. For the purpose of making sales 
 of any of the lands mentioned in this section, the sheriff 
 is hereby vested with all powers now conferred by law 
 upon collectors. 
 
 ^ The a,uthority to direct a sale of the sixteenth section of land 
 \b vested in the male inhabitants of the Congressional township 
 tn which it lies. The county court (has the right to reject the sale 
 iwhen made, but in doing so, should direct that it be .resold at a 
 ^inlmum price not exceeding its full value, and ndt less than two- 
 jthlrds of its appraisement, nor less than $1.25 per acre. Ex parte 
 ;Younig, 74 Ark. 363, 8'5 S. W. 1133. 
 
 Sec. 7701. Collector shall divide land. — Upon the 
 reception of such petition, the collector shall ascertain 
 that it is signed by a majority of the male inhabitants of 
 such township and shall immediately proceed to divide 
 the land into 40-acre tracts, and after making such divis- 
 ion, a statement or plat of same and number of each 
 tract shall be made so that the boundaries may be de- 
 fined and ascertained, which statement or plat of the sec- 
 tions shall be used as a guide in advertising and selling 
 said lands; provided, the collector may, when necessity 
 requires it, call the county surveyor of his county to as- 
 sist in such survey and division, and he shall be allowed 
 and paid out of the funds arising from the sale of such 
 school lands by said collector such compensation as he is 
 allowed by law for similar services, and the receipt of 
 such surveyor to said collector shall be a sufficient vouch- 
 er for the money so paid. 
 
 162 
 
DIGEST OF SCHOOL LAWS 
 
 , Directors can confer no authority to cut timber on school 
 J4ands, and one who does so by their authority, under an agree- 
 anent with them to pay the value, commits a trespass for whidh he 
 may be sued by the state. Widner v. State, 49 Ark., 172. The 
 l'«egal title to school lands is in the state, and a S'Chool district 
 '/cannot maintain an action for such lands. lb.; School District v. 
 jDriver, 50 Ark., 346. See State v. Morgan, 52 Ark., 150. 
 
 Sec. 7702. No tract more than forty acres. — In 
 subdividing the sixteenth section land for sale no tract 
 shall contain more than forty acres, and the division may- 
 be made into tov^n or city lots v^ith roads, streets or alleys 
 'between them. 
 
 Sec. 7703. Land shall be appraised, — The collector 
 shall cause each tract or sub-division of such school land 
 to be appraised at a fair value by three disintereseted 
 householders of the county, each of whom shall take an 
 oath which shall be endorsed upon the appraisement that 
 he does not desire or intend to buy said land or any part 
 thereof, and that he will not direcly or indirectly be or 
 become interested in the purchase thereof at the sale to 
 be made by the collector ; such appraisement shall be re- 
 turned to the collector. 
 
 Sec. 7704. Compensation of appraisers. — When 
 any sheriff in any county in .this state shall summon any 
 householder to view and appraise any sixteenth section 
 lands, as is now provided by law, said appraisers shall re- 
 ceive for their services the sum of one dollar and fifty 
 cents per day for each day they are engaged in such ser- 
 vice; and it is the duty of the sheriff to certify to the 
 
 'County court the number of days that appraisers have been 
 detained on or by reason of such services, which certifi- 
 cates shall be sufficient evidence for the auditing, allow- 
 
 .ance and payment of said claim by said county court. 
 
 Sec. 7705. Collector shall give notice of sale. — The 
 
 163 
 
DIGEST OF SCHOOL LAWS 
 
 collector shall then ^ive notice that he will sell the said> 
 school lands at the court house door of the county on the 
 first day of the next term of the county court upon the 
 terms prescribed by law. Such notice shall be published 
 in some newspaper published in the county where the land 
 i< situated at least four weeks before the day of the sale. 
 If there be no newspaper published in said county, then 
 the collector shall post up written notices in at least six 
 of the most public places of the county four weeks before 
 the day of the sale. 
 
 The collector shall also in either case put up a copy 
 of the notice upon the schoolhouse situated on the land, 
 if there be one thereon ; if not, at the most pubic place on 
 the land. 
 
 Sec. 7706. Land, sold at public sale — When held. — 
 Upon the day of sale, the collector shall offer the lands ^ 
 at public auction in separate subdivisions, beginning with 
 number one and ending with the last mentioned division. 
 Such sale shall be made between the hours of 12 m. and 
 3 p. m., but may be continued from day to day at the 
 same place and between the same hours until all have 
 been sold or offered. The sale shall be made for cash. If 
 any bidder shall fail to perfect his bid by paying the cash, 
 the collector shall immediately resell the land and the bid- 
 der shall be responsible for the difference between his bid 
 and the price at which the land sold, which may be recov- . 
 ered from him by the collector, in action for the use of the 
 township, and the collector shall, if necessary, at once in- 
 stitute suit against such bidder to recover the amount of 
 difference between his bid and the price at which the 
 land sold. No tract or sub-division shall be sold for less 
 than three-fourths of its appraised value ; provided, no 
 tract or sub-division of the sixteenth section lands shall 
 
 164 
 
DIGtEJST OF SCHOOL. UAWIS 
 
 ^e sold at a less price than one dollar and twenty-five 
 <jents per acre. If any tract offered is not sold it may be 
 offered again upon like notice, upon the first day of the 
 next, or any succeeding term of the county court, and so 
 on until sold without a new petition. 
 
 Sec. 7707. County court may reject or approve sale, 
 — The collector shall, without delay, report all sales to 
 the county court, which may reject or confirm the same. 
 If any sale be I'ejected, the county court may direct the 
 collector to again advertise and offer the land, and may 
 specify the minimum price at which the tract or tracts 
 may be sold, not to be less than two-thirds of its appraised 
 value. . Provided, no tract or sub-division of the sixteenth 
 section lands shall be sold at a less price than one dollar 
 and twenty-five cents per acre. If the sale be confirmed 
 by the county court the collector shall execute and deliv- 
 -ej- to the purchaser a certificate in the following form : 
 
 I, , collector in and for the county of 
 
 , state of Arkansas, certify that 
 
 has purchased of section , in township 
 
 range , containing acres at 
 
 dollars per acre, and has paid to me in full the sum of 
 dollars. The expense of this sale was : 
 
 Cost of advertising, $ 
 
 Cost of order of confirmation, $ 
 
 Cost of rejection of prior sale, $ 
 
 Surveyor's fee (if any), $ 
 
 Collector's commission, per cent, $ 
 
 Leaving a net balance of $ in my hands due 
 
 the sixteenth (16) section fund account of this county. 
 
 Now, therefore, upon the presentation of this cer- 
 tificate to the commissioner of state lands, the said 
 
 165 
 
DIOEST OF SCHOOL UA.WS 
 
 his heirs or assigns, shall be entitled to a deed from said* 
 commissioner of state lands for the tract of land above 
 described. 
 
 Collector of County. 
 
 In all cases proper orders of confirmation or rejec- 
 tion shall be entered on record by the county court. 
 
 ; The statute was intended to give the court authority to reject 
 ;the sale on account of inadequacy of price as well as on account 
 of irregularities or unfairness. In no other way could the court 
 completely protect the interest of tflie public. Williams v. State, 
 :?('« Ark., ,291, SS IS. W. 9180. 
 
 TITLE TO WHAT LANDS QUIETED. 
 
 Sec. 7707-a.— 1. That Sec. 1 of Act 183 of Acts of ^ 
 1905 of State of Arkansas be amended to read as follows : 
 
 That any person claiming to own land in the 
 State known as Sixteenth Section, or School land, and 
 who is in actual possession, and whose claims are based 
 on a regular and unbroken chain of title, dating back to 
 1889, and to whose claim there is no adverse claimanr, 
 and on which lands the taxes have been regularly paid,, 
 that all title, legal or equitable, that the State of Arkan- 
 sas may have or appear to have, in any such land, is here- 
 by vested in such owner, or parties, now holding and hav- 
 ing possession of such Sixte.enth Section land, as de- 
 scribed above. And the State Land Commissioner, upon 
 such proof being made to him, is hereby directed to exe- 
 cute a deed conveying to said parties all the right and 
 title the State may have in such lands. 
 
 Repealing Clause : That all laws in conflict here- 
 with are hereby repealed, and this Act shall be in force- 
 
 166 
 
-DIGEST OF SCHOOL LAWS 
 
 from and after its passage. (Acts 1911, Act 10, Ap- 
 proved Feb. 2, 1911.) 
 
 Sec. 7708. Collector- shall pay costs. — Out of the 
 money received by the collector for the sale or sales of 
 the sixteenth section lands, he shall pay the cost of adver« 
 tising, cost of confirmation ordex, cost of rejection of sale 
 (if any), surveyor's fees (if any), and he may retain for 
 his services two per cent, of the gross amount received 
 by him for the sale of such land; the residue of the mo- 
 ney received for the sale of said land, after deducting the 
 expenses as are above provided for, he shall at once 
 transmit to the treasurer of state, who shall place the 
 amount to the credit of the county's sixteenth section 
 fund to which it rightfully belongs. 
 
 Sec. 7709. Taxes on school land — Clerk's duty. — 
 The county clerks of the several counties in this state 
 shall examine carefully and closely the tax books of their 
 respective counties and ascertain what person or persons 
 are paying taxes on any part or parts or the whole of 
 the sixteenth se.ction lands, and it shall be the further 
 duty of the county clerks after ascertaining from the tax 
 books the names of any person or persons paying taxes 
 on any of the sixteenth section lands, and the numbers 
 of said lands, to examine the record of deeds and find by 
 what authority and whether any title or titles vest in 
 said person or persons in whose name or names said lands 
 are assessed, and shall on or before the first Monday in 
 September, eighteen hundred and eighty-five, make and 
 forward to the commissioner of state lands a full and 
 complete statement of the exact status and condition of 
 all of the sixteenth section lands in their respective, coun- 
 ties. The county clerks shall be allowed the sum of forty 
 
 167 
 
DIGEST OF SCHOOL LAWS 
 
 dollars each for their services in making this report and 
 it shall be paid to them by their respective counties. 
 
 Sec. 7710. Clerk shall keep record of funds due 
 townships. — The county clerks of the several counties in 
 this state shall keep in a well bound book, provided for 
 that purpose, correct and accurate accounts with each 
 and every township in their several counties, which may 
 'be entitled to any of the funds under this Act, and shall 
 immediately after each and every sale, of any part of said 
 sixteenth sections certify to the auditor of state the 
 amount of moneys received by such collectors on account 
 of such sales, and the auditor shall thereupon charge the 
 .same to such collector. 
 
 Sec. 7711. Penalty for neglect of duty. — A neglect, 
 failure or refusal by any county clerk to perform any 
 and all duties #nioined upon him by the provisions of this 
 act, shall be deemed a misdemeanor, and upon conviction 
 thereof, such clerk shall be fined in any sum not less than 
 one hundred dollars, nor more than five hundred dollars, 
 for each offense, and may be removed from office. 
 
 COLLECTION OF CLAIMS DUE COMMON SCHOOL FUND. 
 
 Sec. 7712. Attorney General shall appoint collec- 
 tors, — The attorney general of the state of Arkansas is 
 authorized and instructed to employ competent attorneys 
 residing in the counties in which the lands are situated 
 to collect all claims and notes due the school fund arising 
 from the sale of the sixteenth section lands. Before tak- 
 ing charge of any such notes or claims, each of said at- 
 torneys shall be required to give bond for the faithful 
 keeping, collecting and accounting for same, as provided 
 for in this act, in double the sum of the amount supposed 
 
 168 
 
DIGEST OF SCHOOL. LAWS 
 
 to come into his hands, and such security as shal] be ap- 
 proved by the circuit judge of the judicial circuit ir* 
 which said attorney resides and such bond when approved 
 shall be filed with the commissioner of state lands, and 
 the commissioner of state lands shall, when such bond 
 has been filed with him, turn over, or cause to be lurned 
 over to the said attorney all notes and claims due the 
 school fund pertaining to the sixteenth section lands. 
 Said attorney may retain, as fees for collection, ten per 
 cent of the gross amount collected by them under the 
 provisions of this act. The remainder of said gross 
 amount, after deducting their fees, as above provided for, 
 shall be by said attorneys transmitted without delay to 
 the treasurer of state, who shall place the same to the 
 credit of the sixteenth section fund of the county to which 
 it rightfully belongs-, and said attorneys shall prepare 
 and forward to the commissioner of state lands a state- 
 ment for each and every collection made by them, setting 
 forth the name of the maker of the note or claim, the 
 date of same, the dates of all previous payments (if any) 
 made on such note or claim. 
 
 Sec. 7713. Treasurer of state shall issue receipts. — 
 All moneys paid into the state treasury arising from the 
 sale or collection of nates and claims pertaining to the 
 sixteenth section lands, shall be by the state treasurer 
 placed to the credit of the county's sixteenth section 
 fund, to which said moneys may rightfully belong, and 
 the treasurer of state shall, for each pajmient to him on 
 account of the sixteenth section fund, issue triplicate :e- 
 ceipts, one of which receipts shall be filed with the audit- 
 or of state, one. filed with the. commissioner of state lands 
 .and one given to the party making payment. 
 
 Sec. 7714. Funds to he invested in bonds. — The 
 
 169 
 
DIGEST OP SCHOOL LAWS 
 
 treasurer of state shall, by and under the, direction of the 
 State Board of Education, as soon as practicable after the 
 receipt of any moneys paid into the state treasury on ac- 
 count of the sixteenth section fund, invest the same ii*. 
 either United States bonds or bonds of the State of Ark- 
 ansas, and as interest accrues on said investment, he 
 shall collect same and place to the credit of the respective 
 counties' sixteenth section fund accounts, such interest 
 on said investment, in the proportions to which each 
 county is properly entitled. 
 
 Sec. 7715. Funds — how drawn and distributed.- — 
 The interest accruing to the several counties and town- 
 ships that may hereafter be in the state treasury shall be 
 drawn out of the treasury in the same manner as now 
 provided for by law for drawing other funds due coun- 
 ties, and when drawn shall be accounted for by the coun- 
 ty treasurer in the same manner as for other county 
 funds thus drawn, and the county court shall distribute 
 and set apart to the proper townships all such sums and 
 fund's as shall be due such township, either from the 
 sales of sixteenth sections in such townships, or from 
 collection of notes belonging thereto. 
 
 Sec, 7716. Claims — Turned over to commissioner 
 of state lands. — ^All notes, claims, bonds, papers or evi- 
 dences of debt belonging to the school fund arising from 
 the sale or sales of sixteenth section lands, in the hands 
 of the county collectors or other persons, shall be, within 
 ninety days after the passage of this act, turned over to 
 the commissioner of state lands. 
 
 Sec. 7717. Mu^t pay claims in ninety days. — AIlv 
 county treasurers, collectors or other persons, having ir 
 
 170 
 
DIGEST OF SCHOOL. LAWS 
 
 their possession any funds arising from the sale or sales- 
 of the sixteenth section lands, shall, within ninety days 
 after the passage of this act, pay the same into the state 
 treasury, and the state treasurer shall place the same to 
 the credit of the respective counties' sixteenth section 
 fund accounts to which said funds do rightfully belong. 
 Sec. 7718. — Commissioner shall make deed. — Upon 
 the presentation to the commissioner of state lands of 
 ary certificate of purchase as specified in Section 7707 
 the commissioner shall execute to the purchaser a deed 
 for the lands therein described and shall keep a full and 
 complete record of all such sales and of the deeds so is- 
 sued, and it shall be the further duty of the commissioner 
 of state lands to keep as correct records of sale or sales 
 of the sixteenth section lands as the reports made to him 
 from time to time may enable him to do. (Act March 31, 
 1885, Sec, 2-18.) 
 
 PATENTS. 
 
 Sec. 7727. Title may be made to assignee. — When 
 the purchaser of any portion of the common school lands 
 has heretofore assigned,' or may hereafter assign, the 
 certificate, of purchase of such land, the title thereof may 
 be made directly to the last assignee of such certificate 
 of purchase, upon full payment of all the purchase money 
 and interest due on said land. (Act April 12, 1869, Sec. 
 10.) 
 
 Sec. 7728. Commissioner may make deed to heirs. 
 — If any person who shall have purchased any portion of 
 the sections of school lands from the collector of any of 
 the counties of this state, and paid one-fourth the pur- 
 chase money therefor* and received a bond for title from 
 such collector, shall die before such payment is fully 
 
 171 
 
DIGEST OF SCHOOL, LAWS 
 
 :i>iade, and the executor, administrator, guardian or legal 
 representative of such deceased person shall pay or cause 
 tr- be paid the balance, if any, that shall be due to the 
 collector on such purchase, upon the certificate of the col- 
 lector of the proper county that the whole of the pur- 
 chase money, with all the interest due thereon, has been 
 fully paid, the commissioner of state lands shall forth- 
 with execute a deed, as is now required by law» to the 
 heirs at law of such deceased person. {lb., Sec. 11, as 
 amended Act February 16, 1885.) 
 
 Sec. 7729. Land shall stand charged. — The land 
 thus conveyed to the heirs shall stand charged with the 
 amount of money necessarily advanced to the school fund, 
 in order to procure title, and shall, in other respects, be 
 chargeable with the rights. and incumbrances that would 
 have attached had it descended regularly to the same 
 heirs. 
 
 Sec. 7730. — Patents made valid. — All patents issued 
 for sixteenth section, or any part thereof, or common 
 school land during the war between the states and all of- 
 ficial acts of the officers of this state, in regard to such 
 lands, during the said war, and also all deeds made by the 
 common school commissioners of the several counties in 
 compliance with an act of the legislature of the stata, 
 entitled. "An act to relieve certain citizens of Arkansas 
 who purchased school lands," passed March 4, 1867, are 
 hereby confirmed, ratified and made valid, and full faith 
 and credit shall be given to said patents, deeds and offi- 
 cial acts in all the courts of this state. Provided, nothing 
 herein shall be construed to prevent the setting aside of 
 •any of said deeds or patents for actual fraud or mistake. 
 
 Sec. 7731. Rights of state vested in owner of pat- 
 
 172 
 
DIOBST OF SCHOOL LAWS 
 
 ei:ts.— Any right, title or interest which the state of Ark- 
 ansas may have acquired, or holds by virtue of any judg- 
 ment, decree, execution or sale of any court in this state 
 in lands for which patents or deeds have been made and 
 issued as mentioned in Section 7730 is hereby vested in 
 the proper owners thereof under such deeds or patents. 
 
 Sec. 7732. Attorney may dismiss suits. — The at- 
 torney representing the state of Arkansas is hereby in- 
 structed and required to dismiss all suits now pending for 
 school lands where patents or deeds have been made 
 therefor, as specif-ied in Section 7730, or if it does not 
 appear on the face of the pleadings filed that such patentjj 
 or deeds have been made, then the patent or deed may be 
 pleaded in bar of the suit, or the court may dismiss the 
 suit on exhibition and profert of such deed or patent; and 
 v/here judgment or decree has been entered and sale has 
 not been made, the states attorney shall enter satisfac- 
 tion in full thereof on the presentation to him of sucJi 
 deed or patent. 
 
 Sec. 7733. Commissioner required to execute deed. 
 — If any purchaser of school lands shall have paid the 
 purchase money thereof* and received no deed or patent 
 therefor, or if any person now owing for school lands 
 bought shall hereafter pay out his indebtedness therefo-:, 
 and shall produce to the commissioner of state lands sat- 
 isfactory evidence of such payment, the commissioner of 
 state lands is authorized and required to execute to su:;h 
 person, or to his legal representative, a deed conveying 
 all the right, title and interest of the state of Arkansas in 
 such lands ; but if the payment has not been made before 
 suit is begun, the purchaser shall also pay the costs of the 
 suit. (Act December 14, 1875, as amended by act March- 
 Si, 1885. Sec. 18, and act of February 16, 1885, Sec. 2.1 
 
 173 
 
DIGEST OF SCHOOL, LAWS 
 LEASE OF SCHOOL LANDS. 
 
 Sec. 7734. Lands shall be leased. — All school lands 
 a.i any county in this state susceptible of cultivation shall 
 bo leased by the county collector of said county from the 
 first to the tenth of January in each year. (Act April 
 12, 1869, Sec. 12.) 
 
 Sec. 7734-a. — County judges authorized to lease. — 
 The county judges of the state of Arkansas are hereby 
 authorized and empowered to lease any tract or parcel of 
 wild and uncleared sixteenth section school lands situated 
 in their respective counties,. for a term not exceeding five 
 (5) years, on terms satisfactory to said judges, upon the 
 lessee entering into a good and sufficient bond to be ap- 
 proved by said county (judge) for the faithful perform- 
 ance of this lease contract. 
 
 Sec. 7734-6. — Notice of time and place to be given. 
 — Whenever the county judge of any county in this state 
 shall desire to lease any lands under the provisions of 
 this Act, he shall first cause notice of the time and place 
 of the leasing of said lands, together with a description 
 thereof, to be published in some newspaper published in 
 said county, or by posting written or printed notices in 
 ten conspicuous places in said county, one of which 
 shall be at the court house and one on the land to be 
 leased, thirty days before the leasing of the same. 
 
 Sec. 7734-c. — Cleared land to be rented annually.— 
 All lands cleared and put in cultivation under the pro- 
 visions of this act, shall after the expiration of the lease 
 contract, be by the sheriff of the county renewed annually 
 in the same manner as now provided by law for the rent- 
 ing of sixteenth section school lands. 
 
 174 
 
DIGEST OP SCHOOL LAWS 
 
 Repeaung Clause : That this Act shall be in force 
 ■from and after its passage* and that all laws and parts 
 of laws in conflict herewith are hereby repealed. {Acts 
 1905, Act 156. Approved April 13, 1905.) 
 
 Sec. 7735. MUst be leased at public outcry. — The 
 manner and terms of leasing said lands (this refers to 
 lands mention in Section 7734) shall be by public out- 
 cry to the highest bidder, the lessee paying one-half the 
 amount of rent in cash at the time of leasing and the 
 balance at the end of the year. lb. l 
 
 Sec. 7736. Twenty days notice must be given. — At 
 least twenty days* public notice of the time and place of 
 offering such lands (this refers to lands mentioned in 
 Section 7734) for rent or lease shall be given by said col- 
 kctor by publishing the same in the newspapers of the 
 county and by posting up hand bills at the most promi- 
 nent points throughout the county. lb. 
 
 Sec. 7737. Collector may rent privately. — If any 
 school lands offered for rent or lease at the time and in 
 the manner above indicated shall not bring such price as 
 the collector shall think a reasoonable rent therefor, he 
 shall be authorized to rent the same by private contract 
 for the ensuing year, or for a longer term if he shall 
 deem it expedient. lb. 
 
 Sec. 7738. Prior occupants required to pay rent. — 
 The. occupants of school lands prior to the passage of thi.s 
 act shall be required to pay a reasonable annual rental 
 during. the time said lands have been so occupied. 
 
 Sec. 7739. Usages of other lessees shall govern. — 
 The lessees of school lands shall be subject to the same 
 
 175 
 
DIGEST OF SCHOOL LAWS 
 
 provisions governing the lessees of other property. Pro- 
 vided, it shall not be rented for a less amount than was 
 offered at puiblic sale. 76. 
 
 CUTTING TIMBER OFF SIXTEENTH SECTION. 
 
 Sec. 1929. Unlawful to cut timber. — It shall not oe 
 lawful for any person to cut or remove any timber or 
 stone off the sixteenth sections of school land, for the uie 
 oi schools, or any section or fractional section selected in- 
 stead of the sixteenth section. 
 
 TRESPASS ON SCHOOL LANDS. 
 
 Sec. 1932. Penalty for trespass. — Every trespasser 
 upon the school lands shall, upon conviction, be fined in 
 three times the. amount of damages done, and shall stand 
 committed as in other cases of misdemeanor. (Act April 
 12, 1869, Sec. 13. 
 
 ESTRAY FUND. 
 
 ^EC. 7862. Fund shall go to school fund.— Eweiy 
 person who shall take up an estray beast which shall not 
 be reclaimed by the owner within one year, shall pay into 
 the county treasury in which such estray was taken up, 
 one half of the residue after deducting all legal expenses 
 from the. appraised value of the beast, and shall file the 
 county treasurer's receipt for the same in the office ot 
 the county clerk, and the county clerk shall charge the 
 county treasurer with all such funds as shall be paid into 
 the treasury, and all such funds shall be apportioned 
 among the several districts of the county, as other funds 
 are now apportioned. (Act March 15, 1897.) 
 
 176 
 
INDEX 
 
 A 
 
 Fage 
 
 AGRICULTURE AND HORTICULTUKK: 
 
 Must be taught in public schools 115 
 
 ANNUAL SCHOOL ELECTION: 
 
 Special school districts 141 
 
 ANNUAL SCHOOL MEETING: 
 Common School Districts — 
 
 Who hold meetings, when 87 
 
 Voters' qualifications 87 
 
 Electors, powers of * 88 
 
 How held yi 
 
 Ballot contains what 97 
 
 County court to ascertain tax 98 
 
 Return to ccunty court w 97 
 
 Taxes levied and collected 99 
 
 APPARATUS '.. 113 
 
 Common School Districts — 
 
 May spend twenty-five dollars of common school fund. 
 Approved by state superintendent. 
 Board may purchase same. 
 
 APPORTIONMENT OF SCHOOL FUND: 
 
 By state superintendent '61 
 
 Basis of 3Y 
 
 Ratified by State Board of Education « 
 
 By county court t)2 
 
 To new districts 63 
 
 County examiners report to clerk 64 
 
 County examiners report to superintendent 84 
 
 County clerk report to court 64 
 
 Reimbursement for loss 65 
 
 How refunded 65 
 
 ARBOR DAY: 
 
 First Saturday in March. Act April 25, 1905. 
 
 ATTENDANCE OFFICER: 
 
 (See Compulsory Attendance) 12, 29 
 
 ATTORNEY GENERAL: 
 
 Duties, school fund Kjjj 
 
 Opinion of, when given 38 
 
 AUDITOR: 
 
 Superintendent has access to books 38 
 
 AUTHENTICATION "" 4^ 
 
 Of any paper or document. 
 
 BLANKS: 
 
 To be furnished by state superintendent 42, 34 
 
 177 
 
INDEX 
 
 Fage 
 Directors may secure, from whom 34 
 
 BALLOT. 
 
 Contains what 97, yy 
 
 BOOK AGENTS: 
 
 State soiperintendent not to act as 3y 
 
 County examiner not to act as «5y 
 
 BOUNDARY LINES": 
 
 Of school districts changed by court 61 
 
 Petitioned by electors 63 
 
 Must give notice til 
 
 BUILDINGS : 
 
 Report to be made of 121 
 
 Care of,' by directors 108 
 
 Site for, how designated 88 
 
 Funds for, how. provided 108 
 
 Boal'd may purchase 145 
 
 C 
 
 CERTIFICATES: 
 
 State _ 3y 
 
 Professional 40 
 
 State-wide first grade 7 
 
 Normal training certificate 156 
 
 County, requirements for 82 
 
 Revocation of 81 
 
 Notice of revocation 82 
 
 Renewal of, Act 311 43, 44 
 
 Teacher must hold loy 
 
 CHARTERS 
 
 For educational institutions. (See Act 375 of 1911.) 
 
 CHARTS, GLOBES, ETC.: 
 
 May be purchased by 113 
 
 Amount expended for 113 
 
 CLERK BOARD OF DIRECTORS: 
 
 Keep records 120 
 
 Make report 121 
 
 COLLECTORS: 
 
 Duties as to per capita tax 31 
 
 COMMISSIONERS, COMMON SCHOOL: 
 (See State Board of Education) 
 
 COMMON SCHOOL (See Free School). 
 
 COMMON SCHOOL FUND: 
 
 Collection of 31 
 
 Debts due l*>^ 
 
 County treasurer's commission on 138 
 
 Managed by State Board of Educat:on 5 
 
 Sources of — 
 
 State tax, three mills 29 
 
 Sale of lands, gifts, etc 29 
 
 178 
 
lN'i.)EX 
 
 Fage 
 Doubtful funds 30 
 
 COMPUI^SORY ATTENDANCE V2 to !-'» 
 
 List of counties affected 28 
 
 CONSOLIDATED DISTRICTS 4a et seq. 
 
 CONTRACTS TO TEACH: 
 
 Who may contract loy 
 
 On what conditions lOU 
 
 Must be written in triplicate 109 
 
 Petition required, when ill 
 
 CORPORAL PUNISHMENT IL'5 
 
 (See notes ard decisions). 
 
 COUNTY CLERKS; 
 
 Report to county court 64 
 
 Notice when examiner is appointed 78 
 
 Receive directors reports 121 
 
 COUNTY COURT: 
 
 Apportionment by 62 
 
 Apportionment of doubtful funds '^0 
 
 Appoint directors ^^ 
 
 Chang-e of districts - 45 et seq. 
 
 To appoint county examiners 65 
 
 Transfers 126 et seq 
 
 Appoint uniformity board lOU 
 
 Call election (Act 321) 151 
 
 COUNTY EXAMINERS (See Examiner) 65 et seq. 
 
 COUNTY, NEW: 
 
 Reimbursed for loss -. 65 
 
 COUNTY SUPERINTENDENT 66 et seq. 
 
 (Act of 1907). 
 
 COUNTY UNIFORMITY OF TEKT BOOKS (See Text Books) 99 et seq. 
 
 COURSE OF STUDY 1" 
 
 D 
 
 DEBTS DUE SCHOOL FUND 32 
 
 DICTIONARIES (See Charts) 113 
 
 DIRECTORS „ 1^4 et seQ. 
 
 How elected «8, 141, 92 
 
 May not be county examiners 78 
 
 When to qualify , 104, 143 
 
 Who to administer oath 105 
 
 Penalty for refusing to serve 105 
 
 Penalty for nonperformance of duty 105, 123, 130 
 
 Penalty for failure to report tax 130 
 
 Qualifications 8^ 
 
 Vacancy, how filled 105 
 
 Must establish separate schools 106 
 
 Have general charge lOS 
 
 Must contract with teachers 109 
 
 Must certify to their reports 123 
 
 Must adopt text-books 114 
 
 Must furnisn register 116 
 
 179 
 
INlDEX 
 
 Fage 
 
 Must visit the schools 117 
 
 Must submit estimate 117 
 
 Must defend for district 118 
 
 Must draw orders on treasurer 118 
 
 Must not employ teachers in certain cases Ill 
 
 Duties of clerk of board 120, 147 
 
 Must report to county clerk 121 
 
 Must report to county examiner 122 
 
 Must not employ relatives Ill 
 
 Must settle with county treasurer 123 
 
 May borrow money 153, 151. 54 
 
 May permit elder persons to attend school 125 
 
 May suspend pupils 124 
 
 Duties at to compulsory attendance 12 to 29 
 
 Duties at to rules 125 
 
 Duties as to transferred children 128 
 
 Duties as to private schools .^. 121) 
 
 Kxempt from working- roads : 130 
 
 For separate school districts 139 et seq. 
 
 Penalty for false oath 123 
 
 Lee Day to be observed 114 
 
 Must close schools in certain cases 129 , 
 
 Penalty for fraud 137 
 
 Must give notice of election 119, 142 
 
 Require teaching of agriculture 115 
 
 Require teaching of physiology and Hygiene 114 
 
 May insure school buildings - ...113 
 
 DISTRICTS: 
 
 Common 45 et seq. 
 
 Special m 139 et seq. 
 
 Consolidated 49 et seq. 
 
 Rural Special 151 
 
 Tax limit 11 
 
 Dissolution of tJl 
 
 Boundaries of 45 
 
 Changes of 45 
 
 Style and name of 46 
 
 New districts 48 
 
 Transfers from one to another '. 126 
 
 Must be numbered 85 
 
 Inhabitants of to be encouraged, how 83 
 
 In two or more counties : 57 et seq. 
 
 Notice of change 45 
 
 Number required for formation 48 
 
 New district liable for debt 49 
 
 Shall be known by name of city 148 
 
 Eminent domain 46, 47 
 
 E 
 
 ELECTION: 
 
 School ST. 140, 50, 9^ 
 
 180 
 
INIDEX 
 
 fage 
 
 Who may vote 87 
 
 How to organize „ 88 
 
 What may be done at 88, »0 
 
 Who to hold »l 
 
 Time for opening and closing polls 93» 142 
 
 Forms of ballots '.92, 97, 99, 66, 95 
 
 Who to count :.... 97 
 
 . Duties of election judges 97, 142 
 
 Duty of county clerk 98 
 
 Duty of county court 98 
 
 In separate school districts 141 
 
 County uniformity of text books 99 
 
 When held 141, 99, 92, 87 
 
 ELECTORS: 
 
 Must have poll tax receipt 87 
 
 Powers of 88 
 
 Qualifications 87, ' 150 
 
 :ejlementary agriculture m im 
 
 EMINENT DOMAIN 46 
 
 ENUMERATION: 
 
 Report, contains what 122 
 
 When taken ...'. : 12.2 
 
 Duty of whom 122 
 
 Penalty for failure 123 
 
 ESTIMATE OF DIRECTORS: 
 
 Must include v/hat IIY 
 
 ESTRAY FUND : 176 
 
 EXAMINATIONS: 
 
 Must be public and quarterly 79 
 
 Private 80 
 
 Re-examination 81 
 
 Where held 79 
 
 Professional 40 
 
 State : , • 39 
 
 State-wide first grade 7 
 
 County examiner -78 
 
 Fees 79 
 
 EXAMINERS: 
 
 Appointment of 65 
 
 Duties of clerk 78,. 86 
 
 Duties of judge 65 
 
 Duties of state superintendent 78 
 
 Examination of 78 
 
 Expenses of .86 
 
 General duties of 79 
 
 How removed -45 : 
 
 Institutes must be held by ».43 
 
 Lee Day to be " observed .:._n4 
 
 May not be a director "78 
 
 181 
 
INDEX 
 
 I'age 
 
 Must hold public quarterly examinations 79 
 
 Must keep record of licensed teachers. 83 
 
 Must prepare a report 84 
 
 Must number school districts 85 
 
 Must encourage the people ._. 83 
 
 i Penalties for failure to perform his duties..., 86 
 
 Qualifications 66 
 
 '. Require agriculture to be taught 116 
 
 Revocation of license S'l 
 
 Salary of 78 
 
 Must take oath 7V 
 
 Time to report 84 
 
 Must furnish pupils certificates 86 
 
 May renew license 44 
 
 Exempt from road duty 130 
 
 Chairman of uniformity board 100 
 
 May not be book agent 39 
 
 EXEMPTIONS: 
 
 From road duty 130 
 
 |Who are exempt 130 
 
 F 
 
 FREE SCHOOLS: . 
 
 Definition of ^ 
 
 High schools may be 147 
 
 Failure of county to receive school fund 65 
 
 Fund, common school 29 
 
 Claims due, how collected 3:^ 
 
 Limit of taxes for 11, ^8 
 
 Per capita tax for 11 
 
 Power to tax for - n 
 
 Right to attend 3 
 
 Support of : - 2 
 
 What may be taught in 10, 8J 
 
 FUNEKS: 
 
 Common school ^^ 
 
 Treasurers to report 1^8 
 
 Treasurer's commission on 138 
 
 To be invested ^ 
 
 How apportioned 37, 6 
 
 How paid out of state treasury 6 
 
 Estray fund - l"^** 
 
 G 
 
 GLOBES, ETC.: 
 
 Who may purchase 113 
 
 By whose authority 113 
 
 GRADED COURSE OF STUDY: 
 
 Shall consist of what 41, 114, 115 
 
 Shall be prepared by whom — -- 10 
 
 Must be used in schools *- 
 
 182 
 
IINDEX 
 GRADES OF CERTIFICATES (See Certificates). 
 
 H 
 
 HIGH SCHOOLS: 
 
 Who shall establish 145 
 
 State aid for 154 et seq. 
 
 Hygiene 114 
 
 I 
 
 INCOMPETENCY OF TEACHER: 
 
 May be removed for 81 
 
 Contract no defense for 146 
 
 INSTITUES: 
 
 Courity examiner to hold 43 
 
 Teachers must attend 43 
 
 County superintendent to hold 74 
 
 Who may assist 44 
 
 Shall hold how long 4iJ 
 
 Must be held in June 43 '■ 
 
 Must not be held during examination 133 ..; j 
 
 INSTITUTIONS OP KEARNING. .^l"^^ 
 
 Charters granted 7 
 
 (See Act 375 of 1911). 
 
 INSURANCE: 
 
 Directors may insoire building 113 
 
 INSULTING TEACHER: 
 
 Penalty for ibo 
 
 J 
 
 JUDGE, COUNTY (See County Court). 
 
 L 
 
 LEASE OF SCHOOL LANDS: 
 
 Must be leased publicly ...-. 174 
 
 Notice must be given : 174 
 
 Collector may rent privately I7ft 
 
 Usages shall govern 1V5 
 
 LEE DAY 114 
 
 LICENSES TO TEACH (See Certificates). 
 
 - M 
 
 MAPS (See Charts). 
 MAYOR: 
 
 Duties of in separate districts 140 
 
 MONTH: 
 
 Term defined - 113 
 
 N 
 
 NOTICE: 
 
 Of annual school meeting ll'j 
 
 183 
 
INDEX 
 
 Fage 
 
 Of compulsory attendance ^ 12, 29 
 
 Of change in district 61 
 
 For formation of separate districts - 140 
 
 For lease of school lands 174 
 
 For revocation of license 82 
 
 For change of site, etc 119 
 
 NORMAL TRAINING HIGH SCHOOL. CERTIFICATE 156 
 
 O 
 
 OATH OF OFFICE OF DIRECTORS 105, 145 
 
 OFFICERS: 
 See- 
 State Superintendent. 
 County Superintendent. 
 County Etxaminer. 
 Directors. 
 Attendance Officer. 
 
 P 
 
 PATENTS - ^ 171, ITi- 
 
 PESRMANENT SCHOOL FUND : 29 
 
 PETITION: 
 
 For Consolidated Districts 50 
 
 For separate districts 140 
 
 For transfer liJ<> 
 
 To employ teachers related to directors Ill 
 
 For rural special districts 151 
 
 PHYSIOLOGY 114 
 
 POLL BOOKS: 
 
 To be iised by directors in annual meeting 34 
 
 To be furnished, by whom 34 
 
 To be returned, to whom 97 
 
 PRIVATE SCHOOLS: 
 
 Directors may permit 129 
 
 I'ROSECUTING ATTORNEY: 
 
 Duties as to school fund 139 
 
 On violation of law, duty of 139 
 
 PUBLIC SCHOOLS (See Free Schools). 
 
 PUBLISHERS: 
 
 Must furnish bond 102 
 
 Must furnish samples 103 
 
 PUNISHMENT: 
 
 Who may administer 125 
 
 May not be too severe - 125 
 
 
 
 QUESTIONS: 
 
 To be furnished by state sujperintendent 79 
 
 Shall be sealed 79 
 
 Shall be opened when — 79 
 
 184 
 
INDEX 
 
 R 
 
 RACES, SEPARATE SCHOOLS' FOR 106, ll'« 
 
 REMOVAL: 
 
 Of teacher 146 
 
 Of county examiner 45 
 
 RENEWAL OF LICENSE 44, 15« 
 
 REPORT: 
 
 Of state superintendent 35 
 
 Of county examiner 84 
 
 Of school directors to county examiners 122 
 
 Of school directors to county clerk 121 
 
 Of county superintendent 72 
 
 Of teachers <jy 
 
 REVOCATION OF LICENSE: 
 
 Of teacher 70. 146, 81 
 
 Of county examiner , 45 
 
 RIGHTS: 
 
 Of district over funds 62 
 
 Of parties transferred 128 
 
 Of Directors — 
 
 In common school districts 104 et 
 
 In special school districts 13» et 
 
 In consolidated districts 51 et 
 
 Of Electors 140, 141, 142, 87-91, 92, 50. 151 
 
 RUIiES: 
 
 Directors may make 106, 124, 145 
 
 Teachers enforce - 131 et seq., 147 
 
 RURAL. SPECIAL DISTRICTS 151 
 
 SALARY: 
 
 Of Examiners — 
 
 Shall not exceed what 7*8 
 
 Fee for report 86 
 
 Fee for expenses 86 
 
 Of County Superintendents 74, 75 
 
 SCHOOL DIRECTORS (See Directors). 
 
 SCHOOL DISTRICTS (See Districts). 
 
 SCHOOL LANDS: 
 
 Inhabitants may petition for sale 161 
 
 Shall be appraised 163 
 
 Shall give notice of sale ...163 
 
 Sale shall be public 164 
 
 Court may affirm sale of : 165 
 
 SCHOOLS (See Free Schools). 
 
 SCHOOLS FOR CITIES' AND TOWNS (See Special School Districts). 
 
 SCHOOLHOUSES: 
 
 Tax must be voted for 11, 88 
 
 Directors to have charge of and contract for 108 
 
 185 
 
INfDEX 
 
 I'age 
 
 Not lawful to fix a site for, or vote tax for, when liy 
 
 Private school may be taught in 129 
 
 Penalty for defacing 13& 
 
 In special districts, board has power to act 145 
 
 SCHOOL LAWS: 
 
 State superintendent to publish 38 
 
 SEAL OF STATE SUPERINTENDENT : 
 
 Shall adopt ii 
 
 He shall affix seal 38 
 
 State Board of Education '. 11 
 
 SECTARIAN BOOKS PROHIBITED 134 
 
 SEPARATE SCHOOL DISTRICTS (See Special School Districts). 
 
 SEPARATE SCHOOLS: 
 
 For both races 10« 
 
 When not exceeding ten 126 
 
 SINGLE DISTRICTS (See Special School Districts). 
 
 SITES FOR SCHOOLS 119, 91, 145 
 
 SIXTEENTH St^CTIONS 30, 174, 161 et seq. 
 
 SPECIAL SCHOOL DISTRICTS: 
 
 Monthly meeting of board 144 
 
 May borrow money 153 
 
 Organization of I3y 
 
 Powers of board 143 et seq. 
 
 Board shall control property 148 
 
 Taxes paid to district treasurer 31, 32 
 
 Shall be known by name of city 148 
 
 Limits coincide with city 13y 
 
 Right of eminent domain 46 
 
 Rural special districts, elections 92 et seq. 
 
 When not in incorporated towns 92, 151 
 
 General school laws shall apply, when 150 
 
 STATE BOARD OF EDUCATION: • 
 
 Organization 3, 4, 5 
 
 Common school fund 4, 5 
 
 Grant charters '. ^ Y 
 
 State-wide first gi-ade licenses 7, 8 
 
 State licenses y 
 
 General powers 10 
 
 State high school board 154 et seq. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: 
 
 Chairman State Board of Education 3 
 
 Apportionment by 37 
 
 General duties of 33 et seq. 
 
 To publish laws and render decisions 38 
 
 Vacancy in office 39 
 
 Not to act as agent 39 
 
 To grant state certificates 39, 40 
 
 Must examine county examiner 78 
 
 Report of, includes what 35 
 
 Shall furnish examination questions 33 
 
 To grant professional licenses 49 
 
 18« 
 
INJOEX 
 
 Fag© 
 
 Shall adopt seal - 43 
 
 Advise special districts , 150 
 
 Prepare program for Lee Day 114 
 
 SUITS AT LAW: 
 
 Directors' duties ^ US 
 
 May employ lawyers .'118 
 
 SUPERVISION OF PUBLIC SCHOOLS: 
 
 To whom confined 33 
 
 State Superintendent. 
 County Examiner. 
 County Superintendent. 
 School Directors. 
 SUSPENSION OF PUPILS: 
 
 In whom vested 1^4 
 
 For what causes ; : 1^4 
 
 TAX LEVY - 11, 88 
 
 TEACHERS: 
 
 Assistants must hold license 109 
 
 Assistants must have contract _. Ill* 
 
 Cannot suspend pupils 1^4 
 
 Causes for revocation of license 81 
 
 Certificates, grades of 39, 40, 82, 9, ISC, 7 
 
 Certificates expiring while teaching, effect of 131 
 
 Examination of 79 
 
 Moral character of :.. 80 
 
 Must pay fees to county treasurer 79 
 
 Must contract with directors 109 
 
 Must hold license 131 
 
 Must use register 134 
 
 Must report infraction of rules 124 
 
 Must believe in a supreme being 81 
 
 Must teach only subjects on certificate 83 
 
 Must attend county institutes 43 
 
 Must not permit sectarian teaching 134 
 
 Penalty for failure to report 134 
 
 Penalty for teaching without licerise ...131 
 
 Power as to rules 124. 125 
 
 Power as to corporal punishment 125 
 
 "What teachers must report 116 
 
 With certain vices, may not teach 81 
 
 Wages, how affected by revocation 82 
 
 Removal of 81, 82 
 
 Must teach adopted books 102, 114 
 
 Must present petition, when related to any one of 
 directors ill 
 
 TEACHERS INSTITUTES (See Institutes). 
 
 VEXT BOOKS: 
 
 Directors to adopt ...^ 114 
 
 187 
 
IN/DEX 
 
 I'age 
 
 Uniformity of y» et seq. 
 
 How adopted yy 
 
 Who shall appoint board 100 
 
 Duty of publishers 102, 103 
 
 Compensation of board 101 
 
 Examiner shall be chairman 100 
 
 Special districts may accept _ 103 
 
 TRANSFERS: 
 
 General power 126 et seq. 
 
 Colored children, ten or leg's 126 
 
 White children, ten or less 126 
 
 Taxes of 127 
 
 Rights of ti-ansferred persons to vote 128 
 
 Persons transferred may be director 128 
 
 Can be made only into adjoining districts 128 
 
 TREASURER: 
 
 State 6 
 
 County 79, 136, 137, 138 
 
 Ordei-s of directors upon 119, 134 
 
 Duties as to funds of transferred children 129 
 
 Commission on school fund 138 
 
 Report to state superintendent 138 
 
 Notice of funds 137 
 
 Keep recoM of warrants 136 
 
 Pay warrants in order of registration 137 
 
 TRESPASS: 
 
 Penalty for 156 
 
 Tl'ITION: 
 
 iWho to pay 126, 145 
 
 U 
 
 T^Ml-'ORMITY OF TEXT BOOKS (See Text Books). 
 
 V 
 
 VACANCIES: 
 
 In office of superintendent of public instruction 39 
 
 In office of examiner 65, 45 
 
 In office of director 105, 144 
 
 VISITS: 
 
 Of county superintendent 71 
 
 i Of directors 117 
 
 1 ; In separate districts 149 
 
 W 
 
 WARRANTS: 
 
 Must be di-awn by whom 118. 147 
 
 By whom paid - US' 
 
 Unlawful for certain officers to own 136 
 
 District tax payable by warrant 136 
 
 Paid in order of registration -. l-^S 
 
 Time for presentation 1^5* 
 
 Of special districts '- l-*7, 1»3 
 
 138 
 
•4iyso'd4 
 
 13 ;isp-f 
 
 UNIVERSITY OF CAI/IFORNIA LIBRAB-Y