LB M&3 .198.1 UC-NRLF SB 2D bbfl STATE OF MISSOURI GIFT REVISED SCHOOL LAWS Revised Statutes, 1919, Amended Laws 1921, and New Laws Enacted by the 51st General Assembly, With Court Decisions, Forms and Comments for the Use of School Officers 1921 This Copy of the School Laws is the Property of the State of Missouri and Should be Turned Over to His Successor by a School Officer Upon Retiring from Office PUBLISHED ACCORDING TO LAW BY SAM A. BAKER STATE SUPERINTENDENT OF PUBLIC SCHOOLS SECTION 11334 GIFT OF STATE OF MISSOURI REVISED SCHOOL LAWS Revised Statutes, 1919, Amended Laws 1921, and New Laws enacted by the 5ist General Assembly, With Court Decisions, Forms and Comments for the Use of School Officers 1921 This Copy of the School Laws is the Property of the State of Missouri and Should be Turned Over to His Successor by a School O nicer Upon Retiring from Office PUBLISHED ACCORDING TO LAW BY SAM A. BAKER STATE SUPERINTENDENT OF PUBLIC SCHOOLS SECTION 11334 GIFT JEFFERSON CITY THE HUGH STEPHENS Co PRINTERS THIS VOLUME IS STATE PROPERTY AND IS FOR THE USE OF of , district No .... County of , State of Missouri. School officials, on retiring from office, should deliver this volume, with all other books and documents of an official charac- ter, to their successors. (3) 478376 f V A REQUEST On account of the many new school laws enacted by the last assembly there is a great demand for the Revised School Laws, and, as the edition is limited, we respectfully request all school officers and others who may have occasion to use these laws to conserve the supply with prudence and care until the time when the law requires a new edition to be printed. (4) a* w FOREWORD Laws are made for our convenience, guidance and protec- tion. It is not only our duty to become familiar with these laws but we should strive to obey them. "Law is simply a his- tory of human experience reduced to a set of rules and principles which our forefathers have thought wise." Law is universal. All creation is governed by it. Divine law is nothing more than the method by which God works. So law is a rule of action for harmonious cooperation. Obedience to law insures progress and happiness. The people of Missouri take a just pride in their laws and are anxious to use and honor them with a determined patriotic ardor. Never have so many and important public school laws of our state been collected in one volume. We are striving for a greater and nobler American citizenship. We become a better, happier, and more useful people mainly through the avenues of proper education. For this reason school laws stand at the very top as our most brilliant guide posts. We feel that all people who have any- thing to do with school administration and also those who have any interest in the welfare of our state will take kindly to these laws and familiarize themselves with their true meaning and import. The most urgent duty that now lies before us is to honestly test and sacredly guard the new laws that have been enacted by the general assembly of 1921 and combine their usefulness with all our former well tried educational laws. By sincerely and fairly working together for good, under these laws, our people will become imbued with a new spirit for true mental growth, and we earnestly appeal to all progressive citizens to be ever ready to offer reasonable suggestions for im- provement that our future lawmakers may have a clear basis upon which to build still better laws. SAM A. BAKER, State Supt. of Public Schools. May 1, 1921. (5) REVISED SCHOOL LAWS OF MISSOURI Revised Statutes, 1919, amended laws of 1921 and the new laws enacted by the 51st General Assembly CHAPTER 102 SCHOOLS ARTICLE I. Classification of public schools. II. Laws applicable to all classes of schools. III. Laws applicable to common schools. IV. Laws applicable to city, town and consolidated schools. V. Vocational education. VI. Special state aid for high schools and teacher-training courses. VII. State aid for teacher-training courses in cities of 75,000 inhabit- ants or over. VIII. Laws applicable to certain school districts. IX. Compulsory attendance of children. X. State superintendent. , , XI. County superintendents. XII. Teachers' certificates, how obtained or revoked. XIII. County textbook commission. XIV. State board of education. ARTICLE I. CLASSIFICATION OF PUBLIC SCHOOLS. Sec. 11123. Schools classification of. Sec. 11123. Schools classification of. The public schools of this state are hereby classified as follows: First, all districts having only three directors shall be known as common school districts; second, all districts outside of incor- porated cities, towns and villages, which are governed by six directors, shall be known as consolidated school districts; third, all districts governed by six directors and in which is located any city of the fourth class, or any incorporated town or village, shall be known as town school districts, and fourth, all districts in which is located any city of the first, second or third class shall be known as city school districts. (R. S. 1919, 11123.) A town school district as classified by the third subdivision of this section may lawfully levy as much as one hundred cents on the one hundred dollars valuation as taxes for school purposes, although territory outside the limits of the city or town is included in the district. State ex rel. Buck v. Railroad, 263 Mo. 689, 174 S. W. 64. (7) 8 School Laws. A &ht>l*4il!ttl&V,6]'& cltj? f the'.third class is a city school district and conse- quently a box!j 5 ^GTfxo'ral'e* *t*He nfe'inbers of the board, however, are individually responsible to a materialman on a mechanic's lien suit where they have failed to compel a contractor to give a bond as required by law. Burton Machinery Co. v. Ruth et al., 194 A. 194, 186 S. W. 737. School districts are quasi corporations. 52 Mo. 309; 54 Mo. 458. Territory outside of corporate limits may be attached, how. 53 Mo. 127; 60 Mo. 540; 65 Mo. 587. School districts not subject to garnishment. 42 A. 460. A school district is not a "political subdivision of the State" within the meaning of section 12, article VI, of the Constitution. 238 Mo. 407. When a new district is formed in the manner provided by law, the matter should be reported to the county clerk, and by him to the county court, whose duty it is by order made of record to denominate and number the same. 89 Mo. 158. ARTICLE II. LAWS APPLICABLE TO ALL CLASSES OF SCHOOLS. Sec. 11124. Forfeiture of organization, etc. 11125. High schools in certain districts how attendance may be arranged trans- portation, etc. 11126. Free transportation of pupils how ob- tained by whom paid. 11127. Board of directors authorized to bor- row money. 11128. Restrictions on loans. 11129. Renewal funding bonds, issue of. 1 1 130. Exchange and sale of funding bonds. 11131. Redeemed bonds to be destroyed. 11132. Tax levy for sinking fund. 11133. Tax levy for annual interest. 11134. Care of property and purchase of ma- terial free use of houses, buildings and grounds for what purposes. 11134a. Provide lunches how. 11135. Rules and regulations admission of non-residents. 11136. Contagious diseases among pupils. 1 1 137. Employment of teachers. 11138. Contract construed. 11139. Visitation of schools. 11140. Enumeration lists. 11141. Board may provide for gratuitous ed- ucation of persons between five and six and over twenty years, how. 11142. Estimate. 11143. Condemnation of site. 11144. Separate schools for white and colored children. 11145. Schools for colored children, estab- lishment of. 11146. Colored children right to attend other schools for colored children in the county. 11147. Providing for instruction of defectives. 11148. Districts may join in forming special classes. 11149. State superintendent to inspect and approve. 1 1 150. State board of charities may act, when. 11150a. Training speech defectives. Sec. 11150b. Special classes for certain defectives. 11150c. Duties of school officers. 11151. Increase of tax levy for maintaining schools. 1 1 152. Increase of tax levy for erecting school- house and similar purposes. 11153. Notice of meeting to increase tax levy. 11154. Special meetings. 11155. School day, week, month and year. 11156. Arbor day. 11157. Bird day. 11158. Injuring school property failure of certain officers to perform duty pen- alty. 11159. School moneys, how applied. 11160. Teachers certificate before employ- ment. 11161. Teacher and directors guilty of misde- meanor, when. 11162. Instruction in physiology and hygiene. 11163. Frances Willard day. 11164. Register of attendance. 11165. County school funds. 11166. School fund not to be loaned to cer- tain persons penalty. . - 11167. County court to have jurisdiction of county school fund. 11168. Collection of fines, penalties and other school moneys. 11169. Township school fund, source of. 11170. Management of school funds. 11171. Transfer of funds when county lines are changed. 11172. Capital of township fund, how in- vested. 11173. Security for loans. 11174. Form of mortgages notice of sale fees, how paid. 11175. County court may require additional security. 11176. County court may make order of sale, when. 11177. Receipts for principal qr interest of loan paid, Revised School Laws. 11178. Authority to repossess property by purchase. 11179. Apportionment of public school fund. 11180. School state aid in case of infectious Sec. 11186. Collector's receipts and compensation. 11187. Collections of delinquent taxes. 11188. County treasurers and their duties. 11189. Settlement of county or township treasurer. 1 1 190. Penalty for failure to make settlement. 11191. Title of property. 11192. Formation of new districts notice of proposed organization. 11193. Organization of new district. 11194. Directors, election of. 11195. Division of property and valuation thereof when new district is formed. 11196. Powers and duties of officers. 11181. Correction of error in apportionment distribution of funds. 11182. Distribution of funds when township lies in two counties. 11183. Duties of county clerk assessment of estimates. 11184. Compensation of county clerk for labor on tax books. 11185. Report of county clerk to state super- intendent. Sec. 11124. School district forfeits its organization, when and how pupils of certain districts may be sent to other dis- tricts, when. Whenever any school district in this state, now organized or that may be hereafter organized under the laws of this state, shall fail or refuse, for the period of one year, to pro- vide for an eight months' school in such year, provided a levy of forty cents on the one hundred dollars' valuation, together with the public funds and cash on hand, will enable them to have so long a term, the same shall be deemed to have lapsed as a cor- porate body, and the territory theretofore embraced within such lapsed district shall be deemed and taken as unorganized territory, and the same, or any portion thereof, may be attached to any adjoining district or districts for school purposes, in the same manner as is now provided in section 11199: Provided, that no school district shall be deemed to have lapsed where the failure to make the needed provision for the eight months of school results from the irregular or void proceedings had for that pur- pose: Provided, that in any district enumerating fewer than twenty-five children the board may, from year to year, arrange with the board or boards of other district or districts for the admission of all children of school age in said district containing fewer than twenty-five children enumerated, and, if desired, arrange for transporting children to and from school. And, when ratified by a two-thirds vote of the qualified voters of said school district, voting at a special meeting, such arrangements shall be final, and the board will be authorized to issue warrants upon the teachers' fund for payment of tuition, and upon the incidental fund for the payment of cost of transporting pupils. (R. S. 1919, 11124.) Construction. The corporate existence of a school district which has been maintaining a school several years cannot be attacked by an injunction suit to restrain collection of taxes. Quo warranto is the only appropriate remedy. Black v. Early, 208 Mo. 281, 106 S. W. 1014. Where a district held only five months school the district lapsed and became unorganized territory and the directors could be ousted by QUO warranto proceed- ings. State ex rel. v. Claxton, 263 Mo. 701, 173 S. W. 1049. A term of eight months must be maintained, provided the maintenance levy, together with the public funds and cash on hand, are adequate. If the money from the above sources is not adequate to maintain an eight-months' term, the school must be continued until the teachers' fund is expended. 10 Revised School Laws. Sec. 11125. High schools in certain districts how attend- ance may be arranged transportation, etc. Whenever any school district in this state, now organized or that may hereafter be organized and that is now or may hereafter be located in a county that now has or that may hereafter have a population of more than two hundred and fifty thousand arid less than five hundred thousand inhabitants, has less than fifty children who are of school age and who have the necessary qualifications to be admitted to high school and have declared their intention of attending high school the ensuing year at the taking of the enumeration provided for by section 11140 Revised Statutes of Missouri 1919, the board of such district may arrange with the board or boards of any other district or districts for the admission of all such children who have the qualifications for admission to high school, and if desired arrange for transporting such children to and from such school or schools. And when ratified by a two-thirds vote of the qualified voters of such district, voting at a special election such arrangements shall be made final and the board shall be authorized to make such arrangements from year to year thereafter without calling a special election to ratify such arrangements until petitioned by ten qualified voters request- ing that a special election be held therefor. And the board shall be authorized to issue warrants upon the teachers fund for the payment of tuition and upon the incidental fund for the pay- ment of the cost of transporting pupils; provided that at such special election the proposition of the payment of tuition and the proposition of the payment of transportation shall be voted upon separately. Provided further, that school districts making such arrangements with a first class high school or maintaining a first class high school in lieu thereof shall be governed by the laws of and classed as a school district maintaining a first class high school. (R. S. 1919, 11125, amended Laws 1921, S. B. 445.) Sec. 11126. Free transportation of pupils how obtain- ed by whom paid. Whenever the board of directors of any school district or board of education of a consolidated district shall deem it advisable, or when they shall be requested by a petition of ten taxpayers of such district, to provide for the free trans- portation to and from school, at the expense of the district, of pupils living more than one-half mile from the schoolhouse, for the whole or for part of the school year, said board of directors, or board of education shall submit to the qualified voters of such school district, who -are taxpayers in such district, at an annual meeting or a special meeting, called and held for that purpose, the question of providing such transportation for the pupils of such school district: Provided, that when a special meeting is called for this purpose, a due notice of such meeting shall be given as provided for in section 11154. If two-thirds of the voters, who are taxpayers, voting at such election, shall vote in favor of such transportation of pupils of said school district, the board of Revised School Laws. 11 directors or board of education shall arrange for and provide such transportation. The board of directors or board of education shall have authority and are empowered to make all needful rules and regulations for the free transportation of pupils herein provided for, and are authorized to and shall require from every person, employed for that purpose, a reasonable bond for the faithful discharge of his duties, as prescribed by the board. Said board of directors or board of education shall pay by warrant the expenses of such transportation out of the incidental fund of the district. (R. S. 1919, 11126.) Sec. 11127. School loan method of voting sale of bonds. For the purpose of purchasing schoolhouse sites, erecting school- houses, library buildings and furnishing the same, and building additions to or repairing old buildings, the board of directors shall be authorized to borrow money and issue bonds for the payment thereof, in the manner herein provided. The question of loan shall be decided at an annual school meeting or at a special elec- tion to be held for that purpose. Notice of said election shall be given at least fifteen days before the same shall be held, by at least five written or printed notices, posted in five public places in the school district where said election shall be held, and the amount of the loan required, and for what purposes; it shall be the duty of the clerk to sign and post said notices. The qualified voters at said election shall vote by ballot. Those voting in favor of the loan shall have written or printed on their tickets, "For the loan;" those voting against the loan, the words "Against the loan;" and if two-thirds of the votes cast on the proposition shall be "for the loan," the district board shall be vested with the power to bor- row money, in the name of the district, to the amount and for the purpose specified in the notices aforesaid, subject to the restrictions of the following section. When bonds are voted under this sec- tion for the erection of one or more school houses, to be erected on the same or different sites in common school districts, said bonds shall not be negotiated by said board until said bonds have been deposited with the county or township in which said district shall be situated, and upon the order of said board, and the payment to the county or township treasurer of the amount agreed to be received for the same by said board, from the persons loaning said money upon said bonds. The county or township treasurer shall countersign said bonds and deliver the same to the person or persons named by said board of directors; but no such bonds shall be sold for such an amount that the net proceeds, after deducting expenses and commissions from the same, shall be less than ninety cents on the dollar of the face value thereof, and all renewal funding bonds issued by such districts, to be exchanged for outstanding bonds of said districts, or for the purpose of being sold to raise sufficient funds to pay any out- standing bonds thereof, shall not be exchanged, negotiated or sold by the board of directors of said districts except as above pro- vided, and not until the purchase price thereof, or the bonds to be 12 Revised School Laws. exchanged therefor, shall be turned over to the county or town- ship treasurer; and said treasurer shall write or print the words "Paid by renewal bonds" across the face of said bonds so received in exchange, and sign the same before delivering the said renewal bonds to said board. The said county or township treasurer and his securities shall be responsible, on his official bond, for all moneys, bonds or securities received by him under this section. (R. S. 1919, 11127.) * Note. Sec. 10777, R. S. 1909, was twice amended in 1911 by two different bills, neither referring to the other, the words enclosed in the first brackets being the amendment found in the Laws of 1911 at page 394; the words contained in the second brackets being the amendment found in Laws of 1911 at page 395; the re- vision committee, having no power to change the law as written, has therefore so inserted it. General construction. No petition is necessary to call election to vote bonds under this section. Richardson v. McReynolds, 114 Mo. 641, 21 S. W. 901. Board may issue bonds for a less sum than the amount authorized by vote; and also may issue renewal bonds for a larger sum than voted when necessary to cover accrued interest on first bonds. Bauer v. District, 78 A. 442. The payment of commission which reduces net proceeds of bonds to eighty-nine cents on the dollar, while not authorized, does not render such bonds void. Franklin, etc. v. Roscoe, 75 Mo. 408. Recitals in bonds that the law governing their issue has been complied with is not evidence of that fact and does not estop district from contesting them. Heard v. District, 45 A. 660; Thornburg v. District, 175 Mo. 12, 75 S. W. 81. When record of district fails to affirmatively show that an election was ordered and a day fixed by the board to vote on the proposition to borrow money and issue bonds, the bonds are void. Thornburg v. District, 175 Mo. 12, 75 S. W. 81. Consolidated school districts are authorized to vote bonds under the pro- visions of this section. State ex rel. Clark v. Gordon, 261 Mo. 631, 170 S. W. 892. The fact that the issue voted on was the purchase of two sites, building two schoolhouses and furnishing the same, does not vitiate the bonds for alleged double- ness; it is but a single proposition. State ex rel. Carrollton School Dist. v. Gordon, 231 Mo. 547, 133 S. W. 44. See, also, State ex rel. Memphis School Dist. v. Gor- don. 223 Mo. 1, 122 S. W. 1008. Two separate and distinct propositions for incurring indebtedness cannot be combined and submitted jointly as one question, State ex rel. v. Gordon, 268 Mo. 321, 188 S. W. 88, overruling the Memphis case, 223 Mo. 1, 122 S. W. 1008, and the Carrollton case, 231 Mo. 547, 133 S. W. 44. There are two methods of securing a building fund: (1) By a sale of bonds under section 11127; (2) by levy for building purposes, under section 11152. Neither requires a petition of taxpayers or voters. In either case the board of directors may take the initiative. 114 Mo. 641. Under section 11152, the board shall proceed to determine the rate of taxation necessary for building purposes when "requested by petition of ten taxpayers of any school district." Both sec- tions apply to all classes of school districts to city, town, consolidated and common school districts. Again, both the loan and the levy for building purposes may be voted upon at either an annual or special meeting. In both cases notice is required, and to carry the proposition, it is necessary that two-thirds of the qualified voters voting on the proposition vote therefor. Note that section 11 127 requires the notices to state "the amount of the loan required and for what purposes." School boards and annual meetings sometimes desire to vote upon a loan smaller than that stated in the notices. This cannot be legally done. Notices must be posted in at least five public places within the district. Newspaper publication is not sufficient. School boards should be careful to observe the provisions of section 1063, R. S. 1919, in negotiation of bonds for the purpose of building schoolhouses, or for any other purpose, in order that the same may obtain validity. This section requires that the bond shall bear the indorsement of the state auditor, who is entitled to receive from the board all the necessary certificates and copies of record Revised School Laws. 13 evidencing a full compliance with the law governing their issuance, which evidence is to be filed and preserved in his office. Upon request the state auditor will furnish necessary blanks, which will enable the board to carry out the provisions of this section. The state superintendent cannot furnish blank school bonds. They may be obtained from any printing or stationery house dealing in official blanks. FORM OF NOTICE OF SPECIAL SCHOOL ELECTION. Notice is hereby given to the qualified voters of school district No. of county, Missouri, that a special school election will be held at the schoolhouse in said school district on , the day of , 19 , commencing at 2 o'clock p. m., to vote upon the following propositions: 1. To authorize the school board to issue bonds to the amount of thousand dollars ($ ), for the erection of a school building and the purchase of a school site. 2. To select acres of land located (describe land) as a school site for the school building. Done by order of the school board this day of , 19 . , Secretary of School Board. Sec. 11128. Restrictions on loans. The loan authorized by the preceding section shall not be contracted for a longer period than twenty years, and the entire amount of said loan shall at no time exceed, including the present indebtedness of said district, in the aggregate five per cent, of the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes previous to the incur- ring of said indebtedness, the rate of interest to be agreed upon by the parties, but in no case to exceed the highest legal rate allowed by contract; when effected, it shall be the duty of the directors to provide for the collection of an annual tax sufficient to pay the interest on said indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within the time said principal shall become due. (R. S. 1919, 11128.) General construction. When a district authorized the issue of bonds in ex- cess of the five per cent, limit recited in this section and in Sec. 12, Art. X of Const, all of such issue is void, notwithstanding the district received the proceeds thereof. Thornburg v. District Three, 175 Mo. 12, 75 S. W. 81. When bonds are legally voted and issued, no subsequent assent of voters is necessary to authorize tax levy to meet annual interest and create sinking fund to pay such bonds. Benton v. Scott, 168 Mo. 378, 68 S. W. 78; Evans v. West Plains, 186 Mo. 703, 85 S. W. 873. The validity of the organization of a district cannot be raised by suit to en- join collection of taxes, nor can the payment of illegal taxes be resisted without first paying or tendering such taxes as are legally due. Burnham v. Rogers, 167 Mo. 17, 66 S. W. 970; Black v. Early, 208 Mo. 281, 106 S. W. 1014. A failure to provide a sinking fund for payment of bonds does not affect their validity. Bauer v. District, 78 A. 442. Merchants and manufacturers licenses should be included as a part of the property subject to taxation for the purpose of voting bonds. Jarman v. School District of Union, 264 Mo. 646, 175 S. W. 893. Irregularity in the issuing of bonas cannot affect an innocent holder. 45 A. 660. This section imposes two restrictions: First, as to the period for which the loan may be affected; and, second, as to the amount. The limitation on the amount of the loan five per cent, of the value of taxable property is a constitutional limitation (article X. section 12 of Constitution of 1875). "The highest legal rat of interest allowed by contract," spoken of in this section, is eight per cent. 14 Revised School Laws. Sec. 11129. Renewal funding bonds, issue of. The board of directors of any school district, organized under any general or special law of this state, is hereby authorized to issue funding and refunding bonds for the district, to be exchanged for outstanding bonds of the district, or sold for the purpose of meeting and pay- ing any matured or maturing bonded indebtedness thereof. Each bond shall be of the denomination of not more than one thousand and not less than one hundred dollars, and shall bear interest not to exceed eight per cent, per annum, and such in- terest shall be payable semi-annually, and to this end each bond shall have semi-annual coupons attached thereto and be made payable to bearer: Provided, that no bonds issued under this section shall be payable in less than five years nor more than thirty years from the date thereof, and shall be payable, princi- pal and interest, in the city of St. Louis or the city of New York, at the option of the board of directors, or as may be agreed upon by such board of directors and the purchaser of such bonds. Such board of directors shall be empowered to prepare and issue from time to time such number of renewal bonds as may be neces- sary for the objects and purposes of this law, and each bond shall be signed by the president, countersigned by the secretary or clerk, and authenticated by the seal of such board of directors, if there be one; and shall also be attested by the clerk of the county court of the county in which such district is located, and he shall put the seal of said court on each of said bonds. The secretary or clerk of the board of directors shall keep a record in the books of the school district of all the renewal bonds that may be issued by the board of directors under the provisions of this chapter, noting the date when issued and when due, and also the number and amount of each bond so issued, and shall also keep a full record of all transactions that may be necessary for the identifi- cation of such bonds. (R. S. 1919, 11129.) This section applies to the bonds legally issued by district organized under special law. St. Joseph, etc. v. Gaylord, 86 Mo. 401. If there be unpaid interest on original bonds, new bonds may be issued to cover both principal and interest of such old bonds. Bauer v. District, 78 A. 442. Sec. 11130. Exchange and sale of funding bonds. Boards of directors are empowered to exchange the afore- said bonds for any bonds that may now be outstanding against any school district so indebted; but no renewal bonds shall be exchanged for any outstanding bond for a sum less than ninety cents on the dollar of its face value. Said boards of direc- tors shall also be empowered to sell such renewal bonds for cash if, in their judgment, it will be to the interest of such school district; but no commission shall be allowed or cost incurred in the ex- change or sale of said bonds which will reduce the net proceeds of the same to a less amount than ninety cents on the dollar, and all sums of money realized from the sale of said renewal bonds shall be used in the redemption of outstanding bonds of the school district. (R. S. 1919, 11130.) Revised School Laws. 15 Payment of a commission which reduced net proceeds below ninety cents on dollar is illegal, but does not render bonds void. Franklin, etc. v. Roscoe, 75 Mo. 408. Sec. 11131. Redeemed bonds to be destroyed.- Whenever any bonds shall be redeemed, as provided for in this chapter, such bonds shall be burned in the presence of a majority of the mem- bers of the board of directors, and two other credible persons as witnesses of the fact, and the secretary or clerk of the board of directors shall record in the books of the school district a descrip- tion of the bonds so destroyed by noting the date when issued and when due, and the number and amount of each of said bonds, and specify what members of the board of directors, and who as wit- nesses, were present at the burning of said bonds. (R. S. 1919, 11131.) Payment of bonds. When bonds payable to bearer are redeemed before maturity, and instead of burning same the board allows them to remain in hands of its agent, who fraudulently sells them to an innocent purchaser, the district will have to pay them again. Fogg v. District, 75 A. 159. Sec. 11132. Tax levy for sinking fund. Boards of direc- tors are hereby authorized to make an estimate for the levy of a tax, not to exceed two-fifths of one per cent., upon all the taxable property of the school district at its assessed valuation, said tax to be levied and collected in the same manner as other taxes for school purposes; and the money arising from said tax shall con- stitute a sinking fund, and shall be used only for the redemption of any outstanding bonds of such district: Provided, that if such outstanding bonds cannot be obtained, then such money shall be invested in United States bonds or bonds of the state of Missouri, or, if at any time the board of directors deem it advis- able, they may loan such money at the same rate of interest and in the same manner and subject to the same restrictions as to security as the township school funds are loaned, until such time as said outstanding bonds can be obtained. (R. S. 1919, 11132.) General construction. When bonds are legally issued no vote of district is necessary to authorize the tax estimates for annual interest and for sinking funds. Kansas City, etc. v. Chapin, 162 Mo. 409, 62 S. W. 1000; Benton v. Scott, 168 Mo. 378; Evans v. West Plains, 186 Mo. 703, 85 S. W. 873. Illegal taxes cannot be resisted without paying such taxes as are legal. Black v. Early, 208 Mo. 281, 106 S. W. 1014. Sec. 11133. Tax levy for annual interest. Boards of direc- tors are hereby authorized to make an estimate for the levy of a tax upon all the taxable property of the school district at its assessed valuation, said tax to be levied and collected as other taxes for school purposes said tax to be sufficient in amount to pay the annual interest on all bonds of their respective districts, and to pay for the printing or engraving of any bonds that may be issued by virtue of this chapter. (R. S. 1919, 11133.) All cases cited under Sec. 11132 apply to this section. 16 Revised School Laws. Sec. 11134. Care of property and purchase of material- free use of houses, buildings and grounds for what purposes. The board of directors or board of education shall have the care and keeping of all property belonging to the district, and shall provide the necessary globes, maps, charts, apparatus, supple- mentary books, and other material for the use of the school. The board shall keep the schoolhouses and other buildings in good repair, the grounds belonging thereto in good condition, and shall provide fuel, heating apparatus, and other material and appliances necessary for the proper heating, lighting, ventilation and sanitation of the schoolhouses; shall have the floors swept and the fires made at the expense of the district, and cause an accurate account of the expense thereof to be kept and a report of the same to be made at the next annual meeting. The board of directors, or board of education, having charge of the school- houses, buildings and grounds appurtenant thereto, may allow the free use of such houses, buildings and grounds for the free discussion of public questions or subjects of general public in- terest, for the meeting of organizations of citizens, and for such other civic, social and educational purposes as will not interfere with the prime purpose to which such houses, buildings and grounds are devoted: Provided, that at any annual or special meeting the use of the schoolhouse for any of the above purposes may by a majority vote of the qualified voters voting on the proposition be prohibited. Such prohibition shall remain in effect until the next annual school meeting. Whenever any such application shall be granted and the use of such houses, buildings or grounds shall be permitted for the purposes aforesaid, the board of directors, or board of education, having charge of the same, may provide, free of charge, heat, light, and janitor service therein when necessary, and may make such other provisions, free of charge, as may be needful for the convenient and com- fortable use of such houses, buildings and grounds for such pur- poses, or said boards of directors, or boards of education, may require all such expenses to be paid by the organizations or per- sons who are allowed the use of the houses, buildings and grounds. All persons upon whose application, or at whose request, the use of any schoolhouse, building, or part thereof or any grounds appurtenant thereto, may be permitted as herein provided, shall be jointly and severally liable for any injury or damage thereto which directly results from such use, ordinary wear and tear except ed: Provided, however, this article shall not apply to cities which have or may hereafter have 75,000 inhabitants or more. (R. S. 1919, 11134.) General construction. In making contract for the district the board must strictly follow the statute. If the contract is not in writing, no recovery can be had for services rendered or materials furnished under same. The teacher cannot bind the district for services of a janitor, and all contracts made with the directors when not assembled as a board are void. Taylor v. District, 60 A. 372; Kane v. Calhoun, Revised School Laws. 17 48 A. 408; State v. Lawrence, 178 Mo. 350, 77 S. W. 497. But see Hibbard v. District, 135 A. 721, 116 S. W. 487. The proceedings of board at a meeting held outside of the district are void. State v. Kessler, 136 A. 236, 117 S. W. 85. The district will not be bound by an entry on its records showing the acceptance of a written proposition unless such record shows the proposition was accepted in the form it was made. Perkins v, District, 99 A. 483, 74 S. W. 122. See Sec. 2169, requiring all contracts by districts to be in writing. A resolution to close a schoolhouse against a literary society, adopted at a meeting held outside the district, is void. State v. Kessler, 136 A. 236, 117 S. W. 85. When furniture of school district remains in schoolroom and the key in possession of the trustees, they are in possession of the schoolhouse. 27 Mo. 251. Directors acting separately and apart cannot bind district. 67 Mo. 319. Acts of directors to bind corporations must be done in their official capacity. 26 Mo. 102. Proceedings of board of school directors must be shown by their record. 48 A. 408. No action can be maintained against school -district upon an order drawn upon treasurer by one or more of the directors of the district. 67 Mo. 319. By this section the board is required to purchase out of the incidental funds supplementary reading which is as necessary to the success of the school as blackboards and crayons, and more necessary than maps and charts. In exercising their right to enter into contracts binding upon the district, the board of directors is confined to the manner and the conditions required by the terms of the statute. The purpose of these requirements is that the terms of the contract shall in no essential particular be left in doubt, or to be determined at some other time. If a person can, without such contract, bind the district im- pliedly for the value of his services, he would defeat the purpose of the legislature in enacting the law. The law will not make that valid without writing which it requires to be in writing. 30 A. 456. "No power exists in the board of school directors to rent buildings or rooms separate from the schoolhouse and employ a teacher for a supplementary school therein." 50 A. 39. Board of directors has right under certain circumstances to reject any and all bids, and no action for damages arises. 122 Mo. 61. Sec. 11134a. Provide lunches how. The board of direc- tors, or board of education, shall have the power, in its discretion, to install in the school buildings under its care the necessary apparatus and appliances, and to purchase the necessary food to enable it to provide and sell lunches to children attending the schools; provided, however, that such lunches shall not be so sold for a less price than the cost of the food, exclusive of the cost of the necessary apparatus and appliances and exclusive of costs necessary and incidental to the purchase of the food and the pre- paring and serving of the lunches. (Laws of 1921, S. B. 73.) Sec. 11135. Rules and regulations admission of nonresi- dents. The board shall have power to make all needful rules and regulations for the organization, grading and government in their school districts said rules to take effect when a copy of the same, duly signed by order of the board, is deposited with the district clerk, whose duty is shall be to transmit forthwith a copy of the same to the teachers employed in the schools; said rules may be amended or repealed in like manner. They shall also have the power to suspend or expel a pupil for conduct tending to the demoralization of the school, after notice and a hearing upon 18 Revised School Laws. charges preferred, and may admit pupils not residents within the district, and prescribe the tuition fee to be paid by the same: Provided, that the following children, if they be unable to pay tuition, shall have the privilege of attending school in any district in this state in which they may have a permanent or temporary home: First, orphan children; second, children bound as ap- prentices; third, children with only one parent living, and fourth, children whose parents do not contribute to their support: Pro- vided further, that any person paying a school tax in any other district than that in which he resides shall be entitled to send his or her children to school in the district in which such tax is paid and receive credit on the amount charged for tuition to the extent of such school tax. (R. S. 1919, 11135.) Section -construed, When the board fails to make rules for government of school, the teacher may make such rules as are reasonable and necessary and may enforce them. He may prohibit pupils from quarreling or fighting in going to and from school, and may prescribe the course of study when no other lawful authority has done so. Deskins v. Gose, 85 Mo. 485; State ex rel. v. Millsap, 130 A. 683, 108 S. W. 1183. A rule prescribed by board that a pupil who is absent six half days in four weeks without satisfactory excuse shall be expelled is reasonable. King v. Board, 71 Mo. 628. Likewise a rule made while smallpox is prevalent, excluding pupils who have not been vaccinated. State ex rel. v. Cole, 220 Mo. 697, 119 S. W. 424. Though no rules have been made, the board may, after examination and hear- ing, expel a pupil who defies the teacher and intentionally tries to demoralize the school by swearing, fighting, or other obnoxious and filthy conduct. State ex rel. v. Hamilton, 42 A. 24. The board cannot control the conduct of pupils after they return home, and a rule prohibiting them from attending social parties is illegal. Dritt v. Snodgrass, 66 Mo. 286. Nonresident parent cannot, by mandamus, compel board to give him credit on tuition of his children, with taxes paid in district. He should pay or tender any balance due the district, and then, if his children are refused admittance, bring his action of mandamus to secure their admittance. State v. Clark, 18 A. 531. A child residing with his grandfather under an agreement with the child's father not made solely for the purpose of sending the child to school is entitled to attend school where his grandfather resides without paying tuition, falling within the terms of the 4th provision as to exemption. State ex rel. Halbert v. Clymer. 164 A. 671, 147 S. W. 1119. This law should be liberally construed so that the advantage of securing an education will be free as possible. Northern v. McCaw, 189 A. 362, 175 S. W. 317. By this section boards of school directors are empowered to adopt needful and reasonable rules for the grading and government of the schools in their dis- trict. In the absence of rules being furnished by the board, the teacher may adopt such rules and punish pupils for infractions of same. The board should see that the official course of study is followed. In this way may system and Uniformity be secured. The power to suspend or expel a pupil belongs exclusively to the board of directors. Before this power can be exercised the accused must be furnished a copy of the charges preferred and be granted an opportunity to defend himself against such charges. This section provides that children whose parents do not contribute to their support may attend school without payment of tuition in any district in which such children may find a permanent or temporary home. The board is authorized to admit nonresident pupils and prescribe the tuition to be paid by same/ and the board may admit to the schools persons over twenty years of age, just as nonresidents are. admitted. Revised School Laws. 19 Where a person residing in one school district sends to school in another dis- trict in which he pays a school tax, how to obtain credit on tuition. 18 A. 523. Courts have no power to prescribe what shall or shall not be taught in the public schools. The term common school means schools open and public to all, rather than of a definite grade. 7 A. 566; 77 Mo. 484. A resident of a school district is not entitled to attend the public schools of the district unless he is within the age limited by the Constitution, namely, be- tween the ages of six and twenty years. 61 A. 407. Coming temporarily within a district to reside during the scholastic year, for the purpose of sending children to the school of that district, is not allowable, and the party so doing is not entitled to free tuition. 84 A. 140. A teacher has the right to inflict reasonable punishment for misconduct by whipping. It must be administered for a salutary purpose to maintain the dis- cipline and efficiency of the school. There is no such thing as reasonable punish- ment from a malicious motive. 88 A. 354. Sec. 11136. Contagious diseases among pupils. It shall be unlawful for any child to attend any of the public schools of this state while afflicted with any contagious or infectious disease, or while liable to transmit such disease after having been exposed to the same. For the purpose of determining the diseased condi- tion, or the liability of transmitting such disease, the teacher or board of directors shall have power to require any child to be examined by a physician or physicians, and to exclude such child from school so long as there is any liability of such disease being transmitted by the same. A refusal on the part of the parent or guardian to have an examination made by a physician or physi- cians, at the request of the teacher or board of directors, will authorize the teacher or board of directors to exclude such child from school; and any parent or guardian who shall persist in sending a child to school, after having been examined as provided by this section, and found to be afflicted with any contagious or infectious disease, or liable to transmit the same, or after having refused to have such child examined as herein provided, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five nor more than one hun- dred dollars. (R. S. 1919, 11136.) When smallpox exists in the neighborhood of school, board may exclude pupils who refuse to be vaccinated. In re Rebenack, 62 A. 8; State ex rel. v. Cole, 220 Mo. 697, 119 S. W. 424. Schools cannot be closed on account of contagious diseases unless ordered by board of health, or on agreement of both parties to the contract. Sec. 11137. Employment of teachers. The board shall have power, at a regular or special meeting, to contract with and employ legally qualified teachers for and in the name of the dis- trict; all special meetings shall be called by the president and each member notified of the time, place and purpose of the meeting. The contract shall be made by order of the board; shall specify the number of months the school is to be taught and the wages per month to be paid; shall be signed by the teacher and the president of the board, and attested by the clerk of the district when the teacher's certificate is filed with said clerk, who shall return the certificate to the teacher at the expiration of the term. The 20 Revised School Laws. certificate must be in force for the full time for which the contract is made. The board shall not employ one of its members as teacher, nor shall the teacher serve as clerk of the district. All transactions of the board under this section must be recorded by and filed with the district clerk. (R. S. 1919, 11137.) General construction. The directors have no power to hire a teacher until they assembled as a board. Pugh v. District, 114 A. 688. 91 S. W. 471. When all members of a board are present, whether the meeting is upon notice or by accident, they may lawfully hire teachers and transact other business, and their failure to make and preserve minutes of their proceedings does not render their acts illegal. Decker v. District, 101 A. 115; Hibbard v. Smith, 135 A. 721, 116 S. W. 487. But see State v. Lawrence, 178 Mo. 350, 77 S. W, 497. If the teacher has a cer- tificate at time he is hired, this is sufficient, though it expires before end of term for which he is employed. Hibbard v. District, 135 A. 721, 116 S. W. 487. Failure of clerk to attest contract, or failure to deposit same with clerk, does not render it void. McShane v. District, 70 A. 624; Hibbard v. District, 135 A. 721, 116 S. W. 487. If contract is illegal, the fact that it appears regular on its face and was re- corded by the clerk does not prevent the district from disputing its legality. Pugh v. District, 114 A. 688, 91 S. W. 471. When a majority of board, duly assembled- by their record authorize the president and clerk to sign contract with a teacher, the district cannot enjoin her from teaching simply because the president of board failed to perform his duty in refusing to sign the contract. School District v. Ed- monston, 50 A. 65. When new directors are elected and qualified, the old directors have no power to hire a teacher. Loomis v. Coleman, 51 Mo. 21. When a con- tract is produced, signed by all three of directors, the burden of showing it is invalid rests upon the district. Armstrong v. District, 28 A. 169. Members of school board wantonly obstructing a teacher in the discharge of his duty are individually liable therefor. 55 Mo. 149; 98 App. 163. An order of school board entered of record to employ teacher will be sufficient to constitute contract, though no written contract be entered into if teacher renders service thereunder. 63 Mo. 137; see 28 A. 169. School board has no power to discharge teacher, but when his certificate is revoked, he is disqualified from further teaching in public schools in that county. 78 Mo. 226; 19 A. 462. Not necessary that teacher have certificate that reaches to end of term for which she is employed provided that during the term she has proper certificate. 50 A. 65. See, also, 135 A. 721. When a teacher has been elected, the district record should show the name of the teacher, the number of months the school is to be taught, and the wages per month to be paid. An order should also be entered directing the president and clerk to enter into written contract with the teacher. It then becomes the duty of the president of the board to sign such contract, and he may be removed from office for a refusal to do so. Upon two points the law specifically requires that the contract shall be definite, the number of months the school is to be taught and the wages per month to be paid. A contract for five months, or longer, provided there is sufficient money to maintain a longer term, is only valid for five months. In some districts a contract is made with the teacher at so much per month and whatever tuition he may collect. This is a plain violation of law. The tuition fees must be collected and turned into the treasury to the credit of the teachers' fund; see also Sec. 11223, R. S. 1919. Complaint is sometimes made by teachers that they have been regularly employed, the district record showing such employment, but that through some neglect the contract was not drawn, and the members of the board having, for some reason, changed their minds, rescind their former action and employ another teacher. This is an injustice to the person first employed, but he has no remedy, as the contract is not binding on the district until it is made in writing and signed. However, should the teacher perform services for the district he may recover compensation for such services, even though no written contract existed. Revised School Laws. 21 A contract for the employment of a teacher may be recovered upon, though not in writing, if service has been rendered. 63 Mo. 137. A teacher does not for- feit any right under his contract, or under the law, by failiing to make monthly reports, when by action of the directors the school has been closed. 30 A. 113; 28 A. 169; see 24 A. 213. Must teach in district schoolhouse. 30 A. 641. In absence of evidence that meeting was not regularly called, it will be pre- sumed the meeting was regular. 59 A. 580. Unless specific work is mentioned in the teacher's contract, the board has the right to assign the teacher to any grade it may choose. 149 A. 550. FORM OF TEACHER'S CONTRACT. This agreement, made the day of , 19 , between , a legally qualified public school teacher of the first part, and the school board of district No. , county of , and state of Missouri, of the second part. Witnesseth: That the said agrees to teach the public school of said district for the term of months, commencing on the day of , 19 , for the sum of dollars per month, to be paid monthly, and that for services properly rendered and reports correctly made according to law, said board agrees to issue a warrant upon the treasurer, in favor of the said , for the amount of wages due under this agreement. Done by order of the board, this day of , 19 . , Teacher. , President. Sec. 11138. Contract construed. The contract required in the preceding section shall be construed under the general law of contracts, each party thereto being equally bound thereby. Neither party shall suspend or dismiss a school under said con- tract without the consent of the other party. The board shall have no power to dismiss a teacher; but should the teacher's certificate be revoked, said contract is thereby annulled. The faithful execution of the rules and regulations furnished by the board shall be considered as part of said contract: Provided, said rules and regulations are furnished to the teacher by the board when the contract is made. Should the teacher fail or refuse to comply with the terms of the contract or to execute the rules and regulations of the board, the board may refuse to pay said teacher after due notice, in writing, is given by order of the board until compliance therewith is rendered. Should the schoolhouse be destroyed, the contract becomes void. (R. S. 1919, 11138.) Rights of teachers. The district is not liable for wages of teacher after school- house is destroyed. Hall v. District, 24 A. 213. The board cannot close the school before the end of term because not enough funds have been collected to pay the teachers. Rudy v. District, 30 A. 113. Teacher cannot be deprived of his wages for failing to carry out a rule of which he was not notified. Perkins v. District, 61 A. 512. The board has no power to discharge a teacher, but for immorality or other improper conduct the county superintendent may, after due notice and hearing, revoke his certificate, which would terminate his right to teach. Arnold v. District, 78 Mo. 226; Oakes v. District, 98 A. 163. School may be dismissed and closed before end of contract term by agreement of teacher and directors. 59 A. 580. Each party, the teacher on the one hand and the board on the other, is equally bound by the contract. This fact cannot be too strongly impressed upon the parties to the contract. A board of directors cannot exercise too much care in the selection of a teacher, for when the contract is completed it cannot be abrogated 22 Revised School Laws. except by having the teacher's certificate revoked, as provided in section 10944. Conditions over which neither party has control may, however, have the effect of abrogating the contract; for instance, closing of school by board of health, burning of schoolhouse, etc. Faithful compliance with the rules and regulations furnished by the board is made part of the contract. Necessary rules and regulations for the government of the school should be adopted by every board of directors and a copy of such rules furnished the teacher at the time of entering into contract. A person entering into a contract with a school district, through its directors, must, at his peril, take notice of the limited powers of the directors, and if he enters into a contract with them in excess of their powers, no recovery can be had by him thereon. 30 A. 113. The power of a board of directors with reference to expenditures is limited to the income provided for the current year. Therefore, a teacher should inform himself before entering into contract as to amount of revenue provided for teachers' wages, as he can collect no greater amount than that provided. Note the differ- ence, however, between "revenue provided" and "revenue collected:" When the levy for school purposes is made, the revenue is said to be "provided." Warrants may be drawn against the revenue provided whether it is collected during the school year or not. Teacher need not have certificate when contract is made. Must hold certifi- cate while teaching. Contract requiring special examination of teacher nugatory. Services under contract must be rendered during school year. 93 A. 254. Sec. 11139. Visitation of schools. It shall be the duty of the board to visit the schools under their care, examine into their condition and the progress of the pupils, advise and consult with the teachers, and to exercise such supervision as will best pro- mote the interests of the schools. (R. S. 1919, 11139.) Sec. 11140. Enumeration lists/ The board of directors of each district shall, between the thirtieth day of April and the fifteenth day of May of each year, take, or cause to be taken, and forwarded to the county clerk, an enumeration of the names of all persons over six and under twenty years of age, resident within the district, designating male and female, white and colored, and age of each, together with the full name of the parent or guard- ian of each child enumerated; and also an enumeration of all blind and deaf and dumb persons of school age, resident within the district, together with the full name of the parent or guardian of each of such children so enumerated, and their postoffice address, which said enumerations shall be subscribed and sworn to; and any parent or guardian who shall knowingly furnish to any enumerator the name of any child who is under six or over twenty years of age, or who is a nonresident of the district, shall be guilty of a misdemeanor, and any enumerator who shall knowingly return a false enumeration shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed one hundred dollars; and should the board neglect or refuse to comply with the provisions if this section, such district shall forfeit its right to any portion of the public funds for the next ensuing school year: Provided, that the board of directors of any city having more than fifty thousand inhabitants may relieve itself of the duty aforesaid four times to every period of five years by passing a resolution each year adopting the last enumeration therein made as its enumeration of persons of school age in said city for Revised School Laws. 23 such year, and thereupon such last enumeration shall be deemed returned and taken as its enumeration for such year for all pur- poses under this chapter. The county clerk of each county shall certify to the superintendent of the school for the deaf and dumb at Fulton, as soon as convenient after he receives the enumera- tion lists, the names of all deaf and dumb persons of school age in his county, giving name, age, sex and color, and the name and postoffice address of parent or guardian of such persons, and to the superintendent of the school for the blind in St. Louis the names of all blind persons of school age in his county, giving name, age, sex and color, and the name and postoffice address of parent or guardian of such persons. Any county clerk failing so to certify enumeration lists shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten (10) dollars and not more than fifty (50) dollars for each offense. (R. S. 1919, 11140.) Historical note. That part of Sec. 11346 which requires the county super- intendent to receive and approve enumeration lists is probably repealed by this section, which requires such lists to be forwarded to county clerk. The bill cre- ating Sec. 11346 was approved March 15, 1909, while the bill which amended in that respect Sec. 11140 was passed May 13, 1909, and approved June 1, 1909 (Laws 1909, pp. 770, 822). Construction of section. The district clerk is not required to enumerate chil- dren who are absent and whom he honestly believes have moved away from the district. State ex rel. v. Smith, 64 A. 313. When clerk intentionally makes a false enumeration showing less than fifteen colored children in district, when he knows there are more than that number, the enumeration is void, and mandamus will lie to compel the establishment of a negro school. State ex rel. v. Cartwright, 122 A. 257, 99 S. W. 48. An enumeration, regular on its face, cannot be collaterally attacked in a pro- ceeding by a county to compel the payment of its portion of the state school money. State ex rel. Randolph County v. Evans, 240 Mo. 95, 145 S. W. 40. Sec. 11141. Board may provide for gratuitous education of persons between five and six and over twenty years, how. The board of directors or board of education of any school district in this state may provide for the gratuitous education of persons be- tween five and six and over twenty years of age, resident in such school district. Such gratuitous education, however, shall be provided only out of revenues derived by such school district from sources other than those described in section 6, article XI of the Constitution of this state, and only with so much of such revenues as are not required for the establishing and maintaining of free public schools in such school districts for the gratuitous instruc- tion of persons between the ages of six and twenty years: Pro- vided, that nothing in this section shall be construed as affecting the basis of apportionment of the public school fund of this state as now fixed by law. (R. S. 1919, 11141.) Sec. 11142. Estimate. The board of directors of each dis- trict shall, on or before the fifteenth day of May of each year, for- ward to the county clerk an estimate of the amount of funds necessary to sustain the schools of their district for the time re- 24 Revised School Laws. quired by law, or, when a longer term has been ordered by the annual meeting, for the time thus decided upon, together with such other amount for purchasing site, erecting buildings or meet- ing bonded indebtedness, and interest on same, as may have been legally ordered in such estimate, stating clearly the amount deemed necessary for each fund, and the rate required to raise said amount. (R. S. 1919, 11142.) Historical note. This section seems to repeal that part of Sec. 11346, re- quiring county superintendents to receive and approve estimates. See note under Sec. 11140. Section construed. The board may withdraw an estimate filed with county clerk before it is acted upon and file another estimate in lieu thereof, upon which later estimate a legal levy may be made. State ex rel. v. Phipps, 148 Mo. 31, 36, 49 S. W. 865. When a levy of one dollar on the one hundred dollars valuation has been authorized by a vote of the district, the board may apportion same by their estimate among the several funds as they deem proper, and the fact that they only filed an estimate for a ninety-eight cents levy, when one hundred cents had been authorized, does not render the tax illegal. State ex rel. v. Phipps, 148 Mo. 31, 49 S. W. 865. If the estimate for teachers and incidental funds exceeds forty cents on the one hundred dollars, it must recite that the increase above forty cents was author- ized by vote of the district, but it is not necessary that such estimate should re- cite the amount which a levy made in accordance therewith will yield, nor that the estimate was authorized by an order of the board. St. Louis, etc. Ry. v. Qracy, 126 Mo. 472, 29 S. W. 579; Kansas City, etc. v. Chapin, 162 Mo. 409, 62 S. W. 1000. No vote of district is necessary to make estimates for annual interest and sinking fund on bonds legally issued. Benton v. Scott, 168 Mo. 379, 68 S. W. 78. School taxes on railroad property must be levied by county courts pursuant to estimates on file with clerk. State ex rel. v. Ry., 135 Mo. 619, 37 S. W. 532. Restriction on tax levy. Section 2, Art. X, Constitution. Where estimates returned by school districts stated rate of required tax levy, but did not mention amount of the several funds which levy would produce, irregularity is immaterial. 126 Mo. 472. "Unless the estimate shows that the annual rate above forty cents other than in village schools was authorized by a vote of the taxpayers, the county clerk has no authority to 'assess and carry out' such increase, and in the absence of such recital in the estimates, to the extent of the excess such taxes are void." "The statute does not require the certified estimates for sinking and interest fund taxes to contain a recital that a levy of such taxes was authorized by order of the board." 162 Mo. 409. The estimate for teachers' wages, if it exceeds forty cents on the hundred dollars, must state that it was ordered (section 11151) by a majority of the tax- payers of the district. The estimate for building purposes must show that it was authorized (section 11152) by two-thirds of the qualified voters of the district who voted at the election. The estimate for sinking fund (section 11132) cannot exceed forty cents on the hundred dollars. The estimate for interest (section 11133) must be sufficient to pay the interest as it falls due. Sec. 11143. Condemnation of site. Whenever any district shall select, at the annual or any special meeting, one or more sites for one or more schoolhouses, or the board of education in city, town or consolidated school district, under the provisions of the statute applicable thereto, shall locate, direct and authorize the purchase of sites for schoolhouses, libraries, offices, and public parks and play grounds, and cannot agree with the owner thereof as to the price to be paid for the same, or for any other cause can- not secure a title thereto, the board of directors or board of educa- Revised School Laws. 25 tion aforesaid may proceed to condemn the same in the same man- ner as provided for condemnation of right of way in chapter 13, article II of the Revised Statutes of 1909, and upon such con- demnation and the payment of the appraisement as therein pro- vided, the title of such lot or land shall vest in the board of direc- tors or board of education aforesaid for use in trust for the district and the purposes for which the same was so selected and located; and whenever a majority of the qualified voters and taxpayers of any school district, at any annual or special, meeting called for that purpose, shall determine that it is necessary to have addi- tional grounds for school purposes or for public parks and play grounds, then the board of directors, or board of education afore- said, may proceed to condemn and pay for any amount of land adjacent to the schoolhouse site, or elsewhere in the district for such purposes, as provided in this section. All laws and parts of laws in conflict with this law are hereby repealed. (R. S. 1919, 11143.) Construction. The condemnation of land for a schoolhouse site is an ap- propriation thereof for specific use within the meaning of the Constitution. Town- ship, etc. v. Hackmann, 48 Mo. 243. It requires a majority of the qualified voteri and taxpayers of the district, and not merely a majority of those voting in an election, to authorize the condemnation of land adjacent to schoolhouse site. School District v. Oellien. 209 Mo. 464, 108 S. W. 529; State ex rel. T. District. 79 A. 103. The legality of the corporate existence of the district cannot be made an issue in an action to condemn land under this section. School District v. Hod- gin, 180 Mo. 71, 79 S. W. 148. In proceedings by special school district to condemn land for schoolhouse site, defendant may put in issue plaintiff's corporate existence. 125 Mo. 439. Sec. 11144. Separate schools for white and colored chil- dren. Separate free schools shall be established for the educa- tion of children of African descent; and it shall hereinafter be unlawful for any colored child to attend any white school, or for any white child to attend a colored school. (R. S. 1919, 11144.) Sec. 11145. Schools for colored children, establishment of. When there are within any school district in this state fifteen or more colored children of school age, as shown by the last enumera- tion, the board of directors of such school district shall be and they are hereby authorized and required to established and main- tain within such school district a separate free school for said colored children; and the length of the school term for said colored children, and the advantages and privileges thereof, shall be the same as are provided for other schools of corresponding grade within such school district, and the board of directors shall in all cases conduct, manage and control said school as other schools of the district are conducted, managed and con- trolled; and all indebtedness incurred by said board of directors in providing suitable buildings, employing teachers and maintaining said school shall be paid for out of the appropriate funds of the district, upon warrants ordered and issued in conformity with the provisions of sections 11222 and 11223: Provided, there be no school building in such school district for said colored children, 26 Revised School Laws. the board of directors shall be and they are hereby authorized and required to rent suitable buildings and furnish the same, and all expenses necessarily incurred shall be paid out of any funds to the credit of the building or incidental funds of such school dis- trict. Should any board of directors neglect or refuse to comply with the provisions of this section, such school district shall be de- prived of any part of the public funds for the next ensuing school year: Provided, that in case the average daily attendance of colored children for any one school month shall be less than eight, then said board of directors may discontinue such school for a period not to exceed six months at any one time: Provided, that in cases where two school districts join, and in either or both of said districts the enumeration of colored children of legal school age is less that twenty-five, the boards of directors of such districts may establish a joint colored school in either of said districts, the expense of maintaining said school to be borne by the dis- tricts establishing same, in proportion to the number of colored children enumerated in each. The control of said school shall be vested in the board of directors of the district in which the schoolhouse wherein said colored school is maintained is located. (R. S. 1919, 11145.) Colored schools. Warrants for the payment of teachers of both white and colored schools should be drawn on the same fund. State ex rel. v. Thompson, 64 Mo 26. This section is mandatory, and the board cannot escape the responsi- bility of establishing a colored school by or through a false enumeration, which omits part of the colored children residing in district. State ex rel. v. Cartwright 122 A. 257, 99 S. W. 48. A proposition to vote bonds for erecting schoolhouses, providing that a por- tion from the proceeds of the sale of the bonds should be used for erecting and fur- nishing a schoolhouse for negro children, is not double, and may be included in a proposition for erecting a schoolhouse for white children. State ex rel. School District of Carrollton v. Gordon, 231 Mo. 547, 133 S. W. 44. Constitution and laws providing for separate schools for colored children are not forbidden by fourteenth amendment to federal Constitution; equality, not identity of privileges, is guaranteed to the citizens by said amendment. 103 Mo. 546. Who are residents within the meaning of this section. 64 A. 313. When the enumeration taken in any year shows that fifteen or more colored children of school age reside within the district, it is the duty of the board of directors to establish and maintain a separate free school for the education of these children. The establishment is not perpetual. Compliance with this law requires that the school privileges accorded the colored children shall equal those enjoyed by the white children. Instances have been reported in which it is claimed that .the enumerator returned a false enumeration in order to avoid the establishment of a school for the colored children, In doing this, the enumerator not only violates his oath of office, but is guilty of a misdemeanor punishable by a fine of $100.00. See section 11140. For failure to establish a colored school when fifteen colored children are enumerated in the district, the district forfeits all public funds due it, and the board of directors may be removed from office for neglect of duty. In a district having established a colored school, if the enumeration of colored children falls below fifteen, the school may be discontinued. The board also has authority to discontinue the school for a period of six months when the average daily attendance for any one month falls below eight. Should a school be discontinued for this reason, it must be reopened at the expiration of six months, unless the white Revised School Laws. 27 school in the district has closed in the meantime, in which event the colored school need not be reopened during the current school year. There is no authority for setting aside a certain sum of money to maintain the colored school. The expense of maintaining the colored school must be paid in the same manner and out of the same funds drawn upon to sustain the white school. This encourages adjoining districts, each having an enumeration of colored children less than twenty-five, to consolidate their school for colored children. The fact that colored children have to go farther to attend school than white children does not furnish a substantial ground of complaint on the part of the former 103 Mo. 546. Sec. 11146. Colored children tight to attend other schools for colored children in county. When the number of colored chil- dren of school age residing in any school district, as shown by the last enumeration, shall be less than fifteen, they shall have the privilege and are entitled to attend school in any district in the county wherein a school is maintained for colored children, and the board of directors of the district in which such colored children reside shall reserve a sufficient amount from the teachers' fund of such district to pay the expense thus incurred for such school year; but such colored children shall only be entitled to attend school for the same length of time that other schools of the dis- trict in which they reside are maintained; and at the end of the school term the board of directors of the district in which such children may have attended school shall make out and forward to the board of directors of the district in which such children reside an account showing the amount due for said colored chil- dren, said amount to be equal to the pro rata expense of such attendance, the same to be prorated according to the amount paid for teachers' wages and incidental expenses during such school term; and the board of directors of the district in which such children reside shall issue an order on the county or township treasurer to transfer said amount to the credit of teachers' fund of the district in which said children attended school. Any board of directors neglecting or refusing to comply with the provisions of this section shall be held individually responsible for the amount due the district in which said colored children attended school. (R. S. 1919, 11146.) The fourteenth amendment to federal Constitution is not violated by es- tablishment of separate schools for colored children, nor by the further fact that such colored children have to travel further than white children to attend school. Lehew v. Brummell, 103 Mo. 546, 15 S. W. 765. This section gives colored children of school age, residing in a school district not containing the requisite enumeration, the right to attend any colored school in the county. This section imposes two duties upon the board of the district in which the colored children reside: (1) "To reserve a sufficient amount from the teachers' fund of such district to pay the expenses thus incurred;" (2) "to issue an order on the county or township treasurer to transfer said amount to the credit of the teachers' fund of the district in which said children attended school." The section imposes one duty upon the district in which the colored children attend, as follows: "To make out and forward to the school board of the district in which the children reside an account showing the amount due for said colored children." It should be noted that the colored children are only 28 Revised School Laws. entitled to attend school during the time that the other schools in the district in which they reside are maintained; that is, if there is only a five-months' school in the country district in which the colored children reside, they are permitted to attend but five months in the district maintaining a colored school, even though that district should maintain an eight-months' school. To find the amount due the school which the colored pupils attend, it is necessary to ascertain the cost per colored pupil per day, and multiply this by the number of days attended by the colored children residing without the district. This is what is meant by "pro rata expenses of such attendance, the same to be prorated according to the amount paid for teachers' wages and incidental expenses during such school term." Note that "the school board in the district in which such children may have at- tended" shall forward the account against the other district "at the end of the school term." For a failure to pay the account, if found correct, the members of the board of directors to which the account is presented become personally liable for the amount. Failure to present the account at close of school does not forfeit the claim. The account may be collected at any time within five years after it becomes due. Sec. 11147. Providing for instruction of defectives. When ever in any school district there shall be found ten or more chil- dren who are blind, or who are deaf, or who are crippled, but" yet able to be moved about, or who are feeble-minded and yet ca- pable of instruction, the board of education or board of directors of the district may provide appropriate instruction in a special class for such groups of ten or more of each class of defectives, and shall provide transportation to and from school for such children as could not otherwise attend. Instruction, which is adapted to the varying physical and mental capacities and handi- caps of the children, must be provided in these classes under the regulations of the state department of education: Provided, that the instruction given in all such special classes shall be limited to the elementary school grades. It shall be the duty of the board of education or board of directors in each school dis- trict to ascertain annually the number of children in a district who belong to any of the above types. (R. S. 1919, 11147, amended Laws, 1921, H. B. 214.) Sec. 11148. Districts may join in forming special classes. Where two or more school districts each have less than ten children in any of the classes of defectives provided for in section 11147, the boards of education or boards of directors of such school districts may contract with each other for the establish- ment of special classes for the education of such children in one or the other of said districts, provided the pupils cannot be accom- modated in the appropriate state institutions established for their training. (R. S. 1919, 11148.) Sec. 11149. State superintendent to inspect and approve. The state superintendent of public schools is hereby authorized to inspect and approve all special classes established under the provisions of sections 11147 and 11148. Each school district maintaining special classes as provided for in the aforesaid sec- tions, shall, when these classes have been approved by the state superintendent of public schools, receive state aid to the amount of seven hundred fifty dollars ($750) per annum for each teacher Revised School Laws. 29 employed wholly in the instruction of the pupils of the aforesaid classes; provided, however, such aid shall not be granted for any teacher who has not been especially trained for work in such classes; and provided further, that the amount of special training shall be in accordance with the rules and regulations 'established by the state superintendent of public schools, the amount of state aid granted on account of any teacher shall in no case exceed two-thirds of the salary paid such teacher by the local board. The state superintendent shall require such reports as he may desire from each of these special classes. In August of each year, before apportioning the state school funds in accordance with section 11179, the state superintendent of public schools shall set aside a sum equal to the total of all the state aid to which the various school districts of the state are entitled under the provision of this section for the preceding fiscal year. The state superintend- ent shall cause the state treasurer to forward to the county clerk of each county, and to the secretary of the board of educa- tion of the city of St. Louis, the total amount shown to be due such county or such city under the provisions of this section. (R. S. 1919, 11149, amended Laws, 1921, H. B. 214.) Sec. 11160. State board of charities may act, when. The state board of charities and corrections is hereby authorized where no special classes have been provided, or instruction arranged for as provided in sections 11147, 11148 and 11149 of this act, and where proper home instruction is not given as pro- vided in section 11324, to take charge of and provide for the proper training of feeble-minded, deaf, blind, and crippled chil- dren under the age of sixteen years who have not attained the eighth grade in school. Where, in order to secure such training, it is necessary to incur expense for the transportation, education or maintenance of such child, and where the state board of chari- ties and corrections ascertains upon investigation, that the parent, guardian or other person in charge of such child is unable to bear such expense, the state board of charities and corrections is hereby authorized to incur such expense for such child, and to charge the same to the county in which it resides. It shall be the duty of the county superintendent of public welfare and of the county superintendent of schools, and of the superintendent of schools of the city of St. Louis, to report to the state board of charities and corrections, all children within their counties and the city of St. Louis who come within the provisions of this section. (R. S. 1919, 11150, amended Laws, 1921, H. B. 214.) Sec. 11160-a. Training speech defectives. The provisions of sections 11147, 11148 and 11149 shall apply to speech defec- tives when there are fifty or more in any school district, except that such speech defectives need not be congregated in special speech classes, but may be taken aside, singly or in groups, during certain periods for speech corrective training. (Laws of 1921, H. B. 214.) 30 Revised School Laws. Sec. 11150-b. Special classes for certain defectives. School districts may establish special classes for twenty or more children, who, while not feebleminded, are on the borderline of mental deficiency, or are so backward in intelligence as to be incapable of receiving proper benefit from the instruction in the regular grades, and shall receive state aid to the amount of three hundred dollars ($300) per annum for each teacher wholly em- ployed in the instruction of such pupils, provided the teachers have been especially trained for the work and the classes approv- ed in accordance with section 11149. (Laws of 1921, H. B. 214.) Sec. 11150-c. Duties of school officers. It shall be the duty of all boards of education and all superintendents of schools and of the state superintendents of schools to enforce the provi- sions of sections 11147, 11148, 11149, 11150-a, 11150-b and 11 150-c. (Laws of 1921, H. B. 214.) Sec. 11151. Increase of tax levy for maintaining schools. Whenever it shall become necessary, in the judgment of the board of directors or board of education of any school district in this state, to increase the annual rate of taxation for school purposes, or when any five resident taxpayers of such district shall petition such board, in writing, that they desire an increase on the rate of taxation, such board shall determine the rate of taxation neces- sary to be levied in such district within the maximum rates prescribed by the Constitution for such purposes, and shall sub- mit to the voters of said school district who are taxpayers of such school district, at an election to be by such board called and held for that purpose, at the usual place of holding elections for mem- bers of such board, whether the rate of taxation be increased as proposed by said board, due notice having been given as required by section 11209; and if a majority of the voters who are tax- payers voting at such election on the proposition to increase levy shall vote in favor of such increase, the result of such vote, and the rate of taxation so voted in such district, shall be certified by the clerk or secretary of such board or district to the clerk of the county court of the proper county, who shall, on the receipt thereof, proceed to assess and carry out the amount so returned on the tax books on all the taxable property, real and personal, of such school district, as shown by the last annual assessment for state and county purposes, including all statements of merchants as provided by law. (R. S. 1919, 11151.) Levy oj taxes. A levy made by county court on railroad property for school purposes need not specify the special fund for which such levy is made if the es- timates are sufficient to enable the court to make the average rate. State ex rel. v. Ry., 135 Mo. 618, 37 S. W. 532. Under this section the board should first de- termine what increase of taxes is necessary and have its proceedings noted on minutes of the district clerk before submitting proposition to voters; but such ac- tion is not necessary when increase of taxes is voted at annual meeting. Benton v. Scott, 168 Mo. 379, 68 S. W. 78. See cases cited under Sec. 11142. Whenever the board deems it necessary or is petitioned by five resident tax- payers, it shall determine the increase of levy for school purposes. Proper notice Revised School Laws. 31 having been giv-en under section 11153, the proposition is voted upon, and is car- ried "if a majority of the voters who are taxpayers voting at such election on the proposition to increase levy shall vote in favor of such increase." Note that taxpayers and not qualified voters are spoken of. A taxpayer is one who owns either real or personal property liable to assessment and taxation. Observe that only a majority, and not a two-thirds majority, is required; also, that it is a ma- jority of the taxpayers "voting at such election on the proposition to increase levy," and not a majority of the taxpayers of the district. For limitation of taxation, see article 10, section 11, Missouri Constitution, and section 11183. For majority of voters voting at such election, see 35 Mo. 103, and 73 Mo. 435. The provisions of the Constitution limiting the rate of taxation do not require legislative action to enforce it, and go into effect at once, notwithstanding the proviso allowing the rate to be increased by legislative action and a specified popular vote. 62 Mo. 444. Sec. 11152. Increase of tax levy for erecting schoolhouse and similar purposes. The board of education or directors of any school district of this state shall, whenever in their judgment it becomes necessary, or they be requested, by a petition of ten taxpayers of any such school district, to increase the annual rate of taxation for the purpose of paying for school building sites, whether the same have been purchased or condemned, for buying or erecting school buildings in such districts, or repairing or fur- nishing such buildings *[or for building, repairing and maintaining foot bridges over running streams] determine the rate of taxation necessary to be levied within the maximum rates prescribed by the Constitution, and as therein limited for such purposes, and shall submit to the voters of such school district, at an election to be by such board called and held for that purpose, at the usual place for holding elections for members of such board, whether the rate of taxation shall be increased as proposed by said board for any of the purposes mentioned in this section, due notice having been given as required by section 11209, and if two-thirds of the qualified voters of such school district. *[or of such city, town or village forming a school district, voting at said elec- tion], shall vote in favor of such increase for the purposes aforesaid, the result of such vote, and the rate of taxation sovoted, shall be certified by the secretary or clerk of such board to the clerk of the county court of the proper county, who shall, on the receipt thereof, proceed to assess the amount so returned for any or all of the purposes mentioned in this section on all the taxable property, both real and personal, of such school district, as shown by the last annual assessment for state and county purposes, including all statements of merchants, as is provided by law: ^[Provided, that when the proposition to be voted on refers only to repairing or furnishing, or both repairing and furnishing such school build- ing, the proposition shall be deemed to have been carried at the election if a majority of the votes cast are cast in favor of the proposition.] (R. S. 1919, 11152.) * Note. Sec. 10797, R. S. 1909, was amended, Laws 1911, p. 397; Laws 1917, p. 501, and Laws 1919, p. 699; the later amendments make no reference in the bill to former amendments, hence the changes made by these later amendments are shown in brackets. 32 Revised School Laws. This section does not apply to an election to vote bonds to build schoolhouse, nor to other elections specially provided for in other sections of the statutes. Richardson v. McReynolds, 114 Mo. 641, 650, 21 S. W. 901. Whenever the board deems it necessary or is petitioned by ten taxpayers of the district, it shall determine the rate to be levied for building purposes, notice having been given in accordance with section 11153. The proposition is carried "if two-thirds of the qualified voters of such school district voting on the proposition shall vote in favor of such increase." Note that two-thirds of the qualified voters, and not a majority, is required. Observe, also, that it is two-thirds of those voting at the election; that is, two-thirds of the votes cast at the election, and not two- thirds of the qualified voters of the district. For limitation of levy for building purposes, see article 10, section 11, Missouri Constitution; also, section 11183 A building levy should be used for purchase of site, erection of house and furnishing the same. All permanent improvements should be made from the building fund rather than from the incidental fund, such as building a fence, digging a cistern, erecting outhouses and seating schoolroom. The act (13031) authorizing an increase in the levy of school taxes for building purposes on the apportionment of the valuation of a railroad company's roadbed and rolling stock, and empowering the county court to take into consideration the rate of increase for such purposes, made in districts through which the rail- road does not run, in fixing the rate to be levied, is constitutional. 97 Mo. 496. Sec. 11153. Notice of meeting to increase tax levy. The propositions authorized in sections 11151 and 11152 may be sub- mitted at an annual meeting, or at a special meeting called and held for that purpose. Said board of directors or board of educa- tion submitting such proposition shall cause notice thereof to be given as provided by section 11209. (R. S. 1919, 11153.) Sec. 11164. Special meetings. Special school meetings for the transaction of business authorized by this chapter, and not restricted to the annual meeting or otherwise provided for, shall be called by the board when a majority of the qualified voters of the district sign a petition requesting the same, and designating therein the purpose for which said meeting is desired. Upon the reception of such petition, the board shall call said special meeting, by notices thereof to be given in the same manner as is provided in section 11209; and when assembled, the meeting shall be organized by the election of a chairman and a secretary, who shall keep a correct record of the transactions of the meeting, said record to be signed by the secretary, attested by the chair- man, and filed with the district clerk, who shall enter the same upon the records of the district; but said meeting shall have no power to act upon any proposition not contained in the petition and submitted in the notices. (R. S. 1919, 11154.) See note to Sec. 11152. Special meeting may be called for purpose of continuing school beyond period required by Constitution. 27 A. 36. Note that special school meetings shall be called by the board "when a ma- jority of the qualified voters of the district sign a petition requesting the same, and designating therein the purpose for which said meeting is desired." The special meeting when called can vote only on the propositions set forth in the petition and notices. Of the items under 11210 the following are "restricted to the annual meeting or otherwise provided for:" Item 2 (election of directors) ; item 3 (filling of vacancy in board), restricted to the annual meeting by section 11213; item 4 (increase of levy for school purposes), otherwise provided for by section 11151; item 6 (change of boundary), restricted to the annual meeting by Revised School Laws. 33 section 11201; item 8 (election of superintendent), restricted to annual meeting by section 10930; item 9 (levy for building purposes), otherwise provided for by section 11152. The following items under 11210 are "not restricted to the annual meeting or otherwise provided for," and therefore, may be acted upon at a special meeting called under section 11154: Item 4 (increase of school term); item 5 (to vote sum for library) ; item 7 (sale of school property no longer needed for use of district) ; item 10 (location of schoolhouse site) ; item 11 (change of schoolhouse site). The law does not limit the number of times a proposition may be submitted to the legal voters of a school district. A proposition not restricted to the annual meeting nor "otherwise provided for" may be submitted as often as a majority of the qualified voters of the district will sign a petition requesting that a special meeting be called, and designating the purpose for which such special meeting is desired. Upon reception of such petition, the board of directors must call the meeting. FORM OF PETITION FOR SPECIAL SCHOOL MEETING. We, the undersigned, a majority of the qualified voters residing in school district No. , county of , state of Missouri, desire that a special meeting of the qualified voters of said district be called for the purpose of FORM FOR NOTICE OF SPECIAL SCHOOL MEETING. Notice is hereby given to the qualified voters of district No. , county of , and state of Missouri, that in conformity with the petition of a majority of the resident voters of said district, a special school meeting will be held at in said district, on the day of , 19 , commencing at 2 o'clock p. m. f for the following purposes, viz.: Done by order of the board this day of , 19 . District Clerk. NOTE. The above notice should state distinctly the purpose for which the meeting is called, and should be posted fifteen days before the day set for the meeting. Sec. 11155. School day, week, month and year. The school day shall consist of six hours occupied in actual school work; the school week shall consist of five school days; except when Thanksgiving day, December 25, February 22 or July 4 shall fall upon a regular school day, then the four remaining school days, if taught, shall constitute a legal school week; the school month shall consist of four weeks; and the school year shall com- mence on the first day of July and end on the thirtieth day of June following. (R. S. 1919, 11155.) Sec. 11156. Arbor day. The first Friday after the first Tuesday in April of each year is hereby set apart as Arbor day for this state, and all teachers, pupils and patrons are requested to observe the same in their respective school districts by encourag- ing the planting of trees, shrubbery and flowers upon and around the school grounds of their districts, that said grounds may be rendered pleasant and attractive a part of said day to be de- voted to literary exercises, having special reference to the work in hand, as the teacher or committee in charge may direct, and the 34 Revised School Laws. afternoon to be devoted to the improvement and ornamentation of the school grounds. (R. S. 1919, 11156.) Sec. 11157. Bird day. The 21st day of March of each and every year is hereby set apart as Bird day for this state, and all teachers, pupils and patrons of the schools of this state are requested to observe the same in their respective school districts by encouraging the study, care and protection of birds; a part of said day to be devoted to literary exercises, having special reference to birds, their habits, their usefulness and best methods of protection, as the teacher or committee in charge may direct, and the pupils especially .encouraged to study and observe the birds around them and to report the results of 'such study and observation to the schools, and further, the organiza- tions known as the camp fire girls and the boy scouts are also requested to take part in such observance of said day and aid and assist in the dissemination of knowledge concerning birds and in the protection of the same. (R. S. 1919, 11157.) Sec. 11158. Injuring school property failure of certain officers to perform duty penalty. Every person who shall will- fully injure Qr destroy any building used as a schoolhouse, or for other educational purposes, or any furniture, fixtures or apparatus thereto belonging, or who shall deface, mar or dis- figure any such building, furniture or fixtures, by writing, paint- ing, cutting or pasting thereon any likeness, figures, words or devices, shall be fined in a sum double the amount of damage done to any such building, furniture or apparatus, and shall be fined in a sum not less than ten nor more than fifty dollars for each offense for writing, painting, cutting or pasting on any such building, furniture or fixtures any such words, figures, likeness or device, to be recovered by civil proceedings in any court of competent jurisdiction in the name and to the use of the school district to which the property may belong; and the punishment provided in this section to be in addition to and not in lieu of the punishment provided by the statute regulating crimes and punishments for such offenses. Any district or county clerk, county superintendent, county treasurer, school director or other officer, who shall willfully neglect or refuse to perform any duty or duties pertaining to his office under this chapter, shall be regarded as guilty of a misdemeanor and sub- ject to a fine of not more than one hundred dollars, to be re- covered in any court of law in this state having competent jurisdiction. (R. S. 1919, 11158.) This section imposes a penalty, (1) for injuring school property, (2) for failure to perform official duty. Observe in each case the word "willful." " To sustain a charge of misdemeanor in office, it must be confined to official conduct; that conduct must be shown to have been willfully corrupt." 41 Mo. 210. The word willfully. as used in this section, means intentionally, and knowingly. For full information as to how to proceed in misdemeanor cases, before justices of the peace, see article 4, chapter 37 of the Revised Statutes of 1909. Disturb- ances of the school may be punished as prescribed in section 3498, Revised Stat- utes, 1919. Revised School Laws. 35 Sec. 11159. School moneys, how applied. All moneys aris- ing from taxation shall be paid out only for the purposes for which they were levied and collected; but the income from state, county and township funds shall be applied only to the payment of teachers' warrants, issued by order of the board to legally qualified teachers for services rendered according to law. No county or township treasurer shall honor any warrant against any school district that is in excess of the income and revenue of such school district for the school year beginning on the first day of July and ending on the thirtieth day of June following; nor shall any portion of the funds mentioned in this section be applied in payment of any teacher's warrant issued prior to the distribution of such funds in accordance with section 11179, and no school warrant shall bear interest. (R.'S. 1919, 11159.) Section construed. School taxes can only be applied to the purposes for which they were levied, and if, after a levy to build a schoolhouse, the district is divided, the taxes thus levied must be applied toward building the particular schoolhouse for which they were levied. State ex rel. v. Thompson, 64 Mo. 26; Rice v. Mc- Clellan, 58 Mo. 116; State ex rel. v. Thompson, 64 Mo. 26. . Judgment against a school district should specify nature of the claim upon which it is founded, so that board will know out of what fund it should be paid; otherwise its payment cannot be enforced by mandamus. State ex rel. v. Board, 97 A. 613, 71 S. W. 701. Liability of county court for diversion of county school fund. 110 Mo. 67. This section further emphasizes the distinctness of the three funds and pro- vides "no county or township treasurer shall honor any warrant against any school district that is in excess of the income and revenue of such school district for the school year beginning on the 1st day of July and ending on the 30th day of June following." Article 10, section 12 of the Constitution of Missouri, upon which the above quoted provision is based, reads: "No school district shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year, the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to b"e held for that purpose." These provisions oblige the board to so manage the expenditures of the district as to make each year take care of itself. No treasurer is permitted to cash a warrant In excess of the revenue provided for the school year in which such warrant is issued. A warrant, however, may be issued when there is no money in the proper fund to pay it, as taxes may be collected before the end of tho school year June 30 thus permitting this warrant to be legally paid. Sec. 11160. Teachers certificate before employment. No teacher shall be employed in any school supported by the public funds, or any part thereof, until he has received a certificate of qualification therefor, signed by the county superintendent of the county, the state superintendent, or a certificate or diploma issued by the state university or some normal school of this state entitling him to teach in the public schools. (R. S. 1919, 11160.) Teachers' certificates. Under this section the board may employ a person who holds a proper certificate to teach, though such certificate will expire before the end of the term for which he is hired. Hibbard v. Smith, 135 A. 721, 116 S. W. 487. Teacher's contract is not invalid though he have no certificate when contract is signed, provided he procure such certificate by the time fixed for school to open. Crabb v. District, 93 A. 254. See cases cited under Sees. 11137 and 11138. 36 Revised School Laws. This section prohibits the employment of a teacher not holding a certificate. This includes substitute teachers. Whenever a substitute teacher teaches for even a day or a week, he must have a certificate. Employment in this section means the act of teaching. A teacher's services may be engaged before he gets a certificate, but he must secure a certificate before his employment begins. Sec. 11161. Teachers and directors guilty of misdemeanor, when. Any teacher who shall enter a public school in this state to teach, govern or discipline the same, before complying with the provisions of sections 11137 and 11160 shall forfeit all right, title and claim to any compensation therefor, and shall be deemed guilty of a misdemeanor and punished by a fine not to exceed one hundred dollars; and any director who shall indorse or encourage said teacher in such unlawful conduct shall in like manner be deemed guilty of a misdemeanor and punishable by a like fine. (R. S. 1919, 11161.) Sec. 11162. Instruction in physiology and hygiene. Phys- iology and hygiene, including their several branches, with special instruction as to tuberculosis, its nature, causes and prevention, and the effect of alcoholic drinks, narcotics and stimulants, on the human system, shall constitute a part of the course of in- struction, and be taught in all schools supported wholly or in part by public -money or under state control. (R. S. 1919, 11162.) Sec. 11163. Frances Willard day. September 28th of each year shall be and is hereby set apart and designated as Frances Willard day, and in every public school in the state of Missouri one-quarter of the school day on said date shall be set apart for instruction and appropriate exercises relative to the history and benefits of the prohibition of the manufacture and sale of in- toxicating liquors in the United States; and provided, that if in any year September 28th shall fall upon a day of the week which is not a school day, then the school day nearest that date shall for such year be taken in lieu of September 28th. It shall be the duty of all state, county and city school district officers, and of all the public school teachers of the state, to carry out the provisions of this section. (R. S. 1919, 11163.) Sec. 11164. Register of attendance. It shall be the duty of every teacher employed in any of the public schools of the state to keep a .daily register, in which the names, ages and date of entrance of the pupils shall be entered, and the studies pur- sued by the same; the date of each visitation by the directors or other school officers, which register shall be open to the in- spection of the public at all times. (R. S. 1919, 11164.) Teachers' register kept under this section is evidence of the age of pupil whose name appears therein. Levels v. Ry., 196 Mo. 606, 94 S. W. 275. Sec. 11165. County school funds. It is hereby made the duty of the several county courts of this state to diligently collect, preserve and securely invest, at the highest rate of Revised School Laws. 37 interest that can be obtained, not exceeding eight nor less than four per cent, per annum, on unincumbered real estate security, worth at all times at least double the sum loaned, and may, in its discretion, require personal security in addition thereto, the proceeds of all moneys, stocks, bonds and other property belong- ing to the county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and for- feitures, and of all fines collected in the several counties for any breach of the penal or military laws of this state, and all moneys which shall be paid by persons, as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund, the income of which fund shall be collected annually and faithfully appropriated for establishing and maintaining free public schools in the several counties of this state. (R. S. 1919, 11165.) Section construed. A party who signed a school fund bond as additional security and looked after payment of interest thereon for six years cannot escape liability by proving that the only authority for demanding such bond was an order made nunc pro tune by county court after such bond was signed. The county court scannot release a surety nor delegate its power to make loans of school funds. Montgomery Co. v. Auchley, 103 Mo. 493, 15 S. W. 626. An attorney's fee and expenses incurred in protecting school funds should be paid out of the school fund protected. Morrow v. County, 189 Mo. 610, 88 S. W. 99. A second mortgage on real estate should not be taken, but when taken is a valid lien. Sharp v. Collins, 74 Mo. 266. Failure of county court to take mortgage in fee on unincumbered real estate does not release surety on note. 15 Mo. 604. Powers of county court, sureties on school fund, bonds, etc., discuesed. 103 Mo. 492. The judges of the county court will be held accountable for any diversion of the school funds. 110 Mo. 67. Sec. 11166. School fund not to be loaned to certain per- sons penalty. The county court shall not loan any money belonging to the school fund to any officer of the county or his deputy, nor shall such officer or his deputy be accepted as security on the obligation given by the person borrowing. Any officer of the county who shall violate the provisions of this section by authorizing any such loan or drawing any warrant for moneys loaned in violation of this section shall be held responsible for the sum so loaned, with interest thereon, to. be recovered in the name of the county to the use of the district whose fund has been so used. (R. S. 1919, 11166.) Sec. 11167. County court to have jurisdiction of county school fund. Whenever any county in this state may have, separate and apart from the township funds, any public school fund arising from any source whatever, the same shall be under the jurisdiction of the county court of said county, who shall be governed in its care and investment by the same rules and regulations as govern its actions in the township funds the proceeds of said funds to be collected annually and distributed as provided in section 11179. (R. S. 1919, 11167.) 38 Revised School Laws. 9 Sec. 11168. Collection of fines and penalties and other school moneys. The county treasurer shall collect, or cause to be collected, all school moneys mentioned in section 11165, and all other moneys for school purposes in his county, and shall give the party paying duplicate receipts therefor, and said party shall file one of said receipts with the county clerk, who shall file the same and charge the same to the county treasurer; said clerk shall thereupon credit the bond and mortgage with the amount of said receipt, and when the amount of said receipts is in full of all interest and principal of said bond and mortgage, then the clerk shall satisfy said mortgage of record. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and punished by a fine not to exceed five hundred dollars. (R. S. 1919, 11168.) County clerk has not authority to collect school funds, and a payment to him does not release mortgage. Knox Co. v. Goggin, 105 Mo. 182, 16 S. W. 684. Sec. 11169. Township school fund, source of. The pro- ceeds of the sixteenth section, or other lands selected in lieu thereof, the interest of such proceeds, the rents and profits of such lands, and all the public school moneys which shall be apportioned to any unorganized township, arising from dividends, proceeds and profits of the public school fund, shall constitute a township school fund. (R. S. 1919, 11169.) In action by state to recover land, production of survey not necessary where answer sufficiently admits land claimed has been sufficiently designated. 19 Mo. 607, When state and inhabitants estopped from afterwards claiming land. 18 Mo. 313. Title of state of Missouri to sixteenth section granted by act of Congress, March 6, 1820, for school purposes, is not impaired or destroyed by previous location of a New Madrid certificate upon these sections. 13 Mo. 139. Sec. 11170. Management of school funds. The county courts, respectively, shall have the care and management of the school funds of the several townships within their respective jurisdictions, and shall cause accounts thereof to be stated and kept so as to exhibit the funds of each township separately, and the disposition thereof. (R. S. 1919, 11170.) School funds. The county court, in its management of township school funds, acts for benefit of the several townships who hold the equitable title to such funds. County courts should obtain additional security or foreclose mortgages whenever the security from any cause becomes unsafe. Ray Co. to use v. Bentley, 49 Mo. 236; State to use v. Bonner, 5 A. 13. Since the case of Ray Co. to use v. Bentley, 49 Mo. 236, was decided, Sec. 11178 has been enacted, authorizing counties to purchase lands sold under school mortgage. (Acts 1874, p. 161.) Sec. 11171. Transfer of funds when county lines are changed. Whenever, by the establishment of a new county or change of county lines, any township shall fall within the jurisdiction of a different county, the court having charge of the public school fund of said township shall cause an account thereof to be stated, and the funds, together with all mortgages, bonds and other securities belonging to the said fund, shall be Revised School Laws. . 39 transferred to the court of the county thus acquiring jurisdic- tion over such township. (R. S. 1919, 11171.) Sec. 11172. Capital of township fund, how invested. Whenever there shall be in the county treasury any money belonging to the capital of the school fund of any township therein, the county court of such county shall loan the same for the highest interest that can be obtained, not exceeding eight nor less than four per cent, per annum, upon conditions and subject to the restrictions hereinafter set forth. (R. S. 1919, 11172.) A county court having loaned school funds has no right, upon application of the inhabitants of the township, to reduce the rate of interest. The county courts are trustees for these funds, and cannot dispose of principal or interest otherwise than the law prescribes. And if by order they reduce the rate of interest on the loan, they may be compelled by mandamus to collect the full amount orig- nally contracted for. 15 Mo. 412; 103 Mo. 492. Sec. 11173. Security for loans. When any moneys be- longing to said funds shall be loaned by the county courts, they shall cause the same to be secured by a mortgage in fee on real estate within the county, free from all liens and incumbrances, of the value of double the amount of the loan, with a bond, and may, if they deem it necessary, also require personal security on such bond; and no loan shall be made to any person other than an inhabitant of the same county, nor shall any person be accepted as security who is not at the time a resident house- holder therein, who does not own and is not assessed on property in an amount equal to that loaned, in addition to all the debts for which he is liable and property exempt from execution. In all cases of loan, the bond shall be to the county, for the use of the township to which the funds belong, and shall specify the time when the principal is payable, rate of interest and the time when payable; that in default of payment of the interest, annually, or failure by principal in the bond to give additional security when thereto lawfully required, both the principal and interest shall become due and payable forthwith, and that all interest not punctually paid shall bear interest at the same rate of interest as the principal. But before any loan shall be ef- fected, the borrower shall file with the county court an abstract of title at the time he files his bond and mortgage to the real estate which is to be mortgaged. (R. S. 1919, 11173.) Section construed. The county is the proper party to maintain suit for town- ship funds loaned. Lafayette Co. v. Hixon, 69 Mo. 581; State to use v. Sapping- ton, 68 Mo. 454. County court has right to release mortgage on one tract and accept mortgage on other lands to secure the debt when this can be done without detriment or risk to the school funds, and sureties on personal bond cannot com- plain unless they are injured. Lafayette Co. v. Hixon, 69 Mo. 581. A chattel mortgage given to county as additional security, without any de- mand having been made for such additional security, is void as to unsecured credi- tors of mortgagor. Paddock, etc. v. McDonald, 61 A. 559. County court has power to release mortgage taken as security for school funds upon receiving in its place mortgage upon other lands. 74 Mo. 266; 130 40 Revised School Laws. Mo. 492; 108 Mo. 204. Mortgage given to county to secure loan of school money is not void because it is a school mortgage. This statute is directory. 74 Mo. 266. Sec. 11174. Form of mortgage notice of sale fees, how paid. Every mortgage taken under the provisions of this chapter shall be in the ordinary form of a conveyance in fee, shall recite the bond, and shall contain a condition that if default shall be made in payment of principal or interest, or any part thereof, at the time when they shall severally become due and payable, according to the tenor and effect of the bond recited, the sheriff of the county may, upon giving twenty days' notice of the time and place of sale, by publication in some newspaper published in the county, if there be one published, and if not, by at least six written or printed handbills, put up in different public places in the county, without suit on the mortgage, proceed and sell the mortgaged premises or any part thereof, to satisfy the principal and interest, and make an absolute conveyance there- of, in fee, to the purchaser, which shall be as effectual to all intents and purposes as if such sale and conveyance were made by virtue of a judgment of a court of competent jurisdiction foreclosing the mortgage. In all cases of loan of school funds in the various counties, the expense of drawing and preparing securities therefor, and of acknowledging and recording mort- gages, including the fees of all officers for the filing, certifying or recording such mortgages and other securities, shall be paid by the borrowers respectively. (R. S. 1919, 11174.) Form of mortgage. The provisions of this section in regard to form of mort- gage are directory, and immaterial departures from its requirements will be dis- regarded. A common law mortgage given for school funds creates a valid lien. Mann v. Best, 62 Mo. 491; Grant v. Huston, 105 Mo. 97, 16 S. W. 680; Snyder v. Ry., 131 Mo. 568, 33 S. W. 67. A school mortgage made in pursuance of this section cannot be foreclosed by sheriff until the county court has made and de- llivered to him its order commanding such foreclosure, as provided in Sec. 11176 Benton Co. v. Morgan, 163 Mo. 661, 676, 64 S. W. 119. A loan made to the county court is valid, although not authorized by the court, but made by the county clerk and county treasurer. Riverside Lumber Co. v. Schafer, 251 Mo.' 539, 158 S. W. 340. Sec. 11175. County court may require additional security. The county court shall have power, from time to time, to re- quire additional security to be given on said bond when they, in their judgment, deem it necessary for the better preservation of the fund. If such additional security be not given within ten days after an order to that effect shall be made and served on the principal in the bond, and in all cases of default in the payment of interest, the court shall proceed to enforce payment of both principal and interest by writ, or in a summary manner, as provided in this chapter. (R. S. 1919, 11175.) Sec. 11176. County court may make order of sale, when. Whenever the principal and interest, or any part thereof, secured by mortgage containing a power to sell, shall become due and payable, the county court may make an order to the sheriff, Revised School Laws. 41 reciting the debt and interest to be received, and commanding him to levy the same, with costs, upon the property conveyed by said mortgage, which shall be described as in the mortgage; and a copy of such order, duly certified, being delivered to the sheriff, shall have the effect of a fieri facias on a judgment of foreclosure by the circuit court, and shall be proceeded with accordingly. (R. S. 1919, 11176.) Foreclosure of school mortgage. County court has power under the Consti- tution to order the foreclosure of school mortgages as provided in this section, but if the sheriff sell before receiving certified copy of the order of the court, the sale is void. Benton Co. v. Morgan, 163 Mo. 661, 64 S. W. 119. An error in sheriff's notice of sale, if not known to purchaser, does not affect validity of sale. Mitchell v. County, 80 Mo. 257. When county's agent was misled by sheriff and purchaser, sale may be set aside for gross inadequacy of consideration. Cole Co. v. Madden, 91 Mo. 585, 4 S. W. 397. When sale under school mortgage is invalid because the order of sale did not properly recite the debt, the purchaser becomes subrogated to the rights of mort- gagor. Honaker v. Shough, 55 Mo. 472. Such purchaser cannot collect from mortgagor unpaid balance of the mortgage; such balance not covered by purchaser's bid belongs to county. Wells v. County, 80 Mo. 424. For selling under school mortgage sheriff is entitled to same fee as for sales under executions. Jackson Co. v. Stone, 168 Mo. 577, 68 S. W. 926. A school fund mortgage forclosed without the statutory, order of the county court is invalid and cannot be corrected by an attempted nunc pro tune order made two years later. Neil v. Tubb, 241 Mo. 666, 145 S. W. 766. Where order of county court, foreclosing mortgage given to county to secure school debt, did not truly recite debt so as to sufficiently identify mortgage, held that sale thereunder did not transfer title. 53 Mo. 147. Money expended by county court in suits to stay waste and protect security of school mortgages, held payable out of fund protected. 58 Mo. 276, 64 Mo. 179. Statute relating to securities does not apply to bonds given county for school money. 50 Mo. 225. When sale under this section will be set aside on account of conduct of sheriff and agent of county. 80 Mo. 424, 91 Mo. 585, 115 Mo. 524. Sec. 11177. Receipts for principal or interest of loan paid. When any portion of principal or interest, or both, may be col- lected, as provided in any of the foregoing sections, it shall be paid into the county treasury; and it shall be the duty of the treasurer to give the person making payment thereof duplicate receipts, specifying the sums paid and on what account. One of said receipts shall be given to the clerk of the county court, who shall file and preserve the same in his office, charge the treasurer with the amount, and credit the payment to the party on whose account it is made on his bond and mortgaged (R. S. 1919, 11177.) Payment oj school money. County clerk has no authority to collect school money and release mortgage. Knox Co. v. Goggin, 105 Mo. 182, 16 S. W. 684. Endorsement by county clerk of payments of interest upon bond given for loan of school moneys is competent evidence of such payments. 35 Mo. 395. Sec. 11178. Authority to repossess property by purchase. Whenever any property heretofore or hereafter conveyed in trust or mortgaged to secure the payment of a loan of school funds shall be ordered to be sold under the provisions of this chapter, or by virtue of any power in such conveyance in trust or mort- gage contained, the county court having the care and manage- 42 Revised School Laws. ment of the school fund or funds out of which such loan was made may, in its discretion, for the protection of the interest of the schools, become, through its agent thereto duly authorized, a bidder, on behalf of its county, at the sale of such property as aforesaid and may purchase, take, hold and manage for said county, to the use of the township out of the school fund of which such loan was made, or in its own name where such loan has been made out of the general school funds, the property it may acquire at such sale aforesaid. The county court of any county holding property acquired as aforesaid may appoint an agent to take charge of, rent out or lease or otherwise manage the same, under the direction of said court; but as soon as practic- able, and in the judgment of said court advantageous to the school or schools interested therein, such property shall be re- sold in such manner and on such terms, at public or private sale, as said court may deem best for the interest of said school or schools; and the money realized on such sale, after the pay- ment of the necessary expenses thereof, shall become part of the school fund out of which the original loan was made. (R. S. 1919, 11178.) Construction. County can maintain ejectment for possession of lands pur- chased under this section. Lincoln Co. v. Magruder, 3 A. 314. When one has purchased -swamp lands and given his mortgage to secure the purchase price, but the deed from county is not made until after the mortgage is executed, such deed does not release the mortgage. Williams v. Brownlee, 101 Mo. 309, 13 S. W. 1049. Sale of land under this section, how set aside. 91 Mo. 585. Recital in deed from county that county had appointed commissioner to convey land, and that grantee therein had become the purchaser and paid price in full with interest, does not tend to show private sale. 101 Mo. 309. Where defendants allege that the county court had an agent present at the sale who bid on the property, they will not be heard on appeal to deny the presence of such agent, because of the failure of the county court to appoint by entry of record. 91 Mo. 585. Sec. 11179. Apportionment of public school fund. --The state superintendent of public schools shall, annually, before August 15th, apportion the public school fund applied for the benefit of the public schools among the different counties. This apportionment shall be made as follows: The state superin- tendent shall apportion, among the various counties, fifty dollars for each- teacher, each principal, and each supervisor actually employed for the entire term: Provided, that any teacher em- ployed for less than one-half of the day shall not be counted; any teacher employed for less than one-half of the term for which school is maintained in the district shall not be counted; for each teacher employed for more than one-half of the school term of the district and less than nine-tenths of the school term, he shall apportion only twenty-five dollars: Provided, also, that he shall apportion only twenty-five dollars for the teacher of any district in which the average attendance during the year, preceding the apportionment has been less than fifteen pupils per day: Provided further, that he shall apportion one hundred Revised School Laws. 43 dollars for each teacher whose salary is one thousand dollars or more per year: Provided, that he shall apportion fifty dollars for each teacher of any district that employs only two teachers, one of whom is colored and one white: Provided, that no teacher, principal, or supervisor, who is not paid by the school board from the public funds of the district shall be counted. After these teacher apportionments have been deducted the remainder of the state school fund to be apportioned shall be divided by the total number of days' attendance of all the pupils of the public schools of the state and the quotient thus obtained shall be called a pupil daily apportionment. The amount apportioned to each district shall be determined by multiplying this pupil daily apportionment by the total number of days' attendance of all pupils of each district: Provided, that the days' attendance on legal holidays and on days when the school is dismissed by order of the board to permit teachers to attend teachers' meet- ings shall be determined by counting as present each pupil who was present on the last day the school was in session before such intermission. The clerk of each school district shall make a report to the county clerk between June 15th and June 30th of each year, showing the number of teachers employed, the total number of days' attendance of all pupils, the length of the school term, the average attendance, the number of days taught by each teacher, the salary of each teacher, and any other in- formation that the state superintendent may require. The afore- said report shall be sworn to before a notary public or the county clerk. The county clerk shall make a summary of all these reports and forward to the state superintendent of public schools, on or before July 15th, a report showing the total number of teachers employed in the county and the total number of days' attendance of all pupils in the county, the number of teachers employed for the full term, and the number for half terms, and the number whose salary is one thousand dollars or more per year, and such other information as the state superintendent may require. Any district clerk, county clerk, or teacher, who shall knowingly furnish any false information in such reports, or neglect or refuse to make aforesaid report shall be deemed guilty of a misdemeanor and punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail for a term not exceeding six months or by both such fine and imprison- ment. The state superintendent of public schools shall certify the amount so apportioned to the state auditor, also to the county clerk of each county, stating from what source the same is derived, which said sum the several county treasurers shall retain in their respective county treasuries from the state fund; the county clerks shall annually before September first, accord- ing to the same provisions hereinbefore stated, for determining the apportionment of the state school fund by the' state super- intendent of public schools proceed to apportion the state school fund for their respective counties; and no district, city, or town 44 Revised School Laws. which shall have failed to make this report to the county clerk hereinbefore required, shall be entitled to receive any portion of the public school funds; and in making such distribution, each county clerk shall apportion all moneys collected on tax duplicate of any district, for the use of schools to such district, all moneys received from the state treasurer, and all moneys on account of interest of the funds accruing from the sale of section sixteen, or other lands in lieu thereof to the district schools in the congressional townships, and parts of congressional town- ships to which said land belonged, and all other moneys for the use of schools in the county, and not otherwise apportioned by law, to the proper district: Provided, that all school moneys for the use of schools in any townships or parts of townships and all moneys for the* use of schools in any county shall be apportioned upon the last enumeration on file in the office of the county clerk, except the state school funds, which shall be apportioned as hereinbefore provided; and he shall immediately after making such apportionment enter the same in a book to be kept for that purpose, and shall furnish the district clerks, and those of cities and villages, as the case may be, each a copy of said apportionment, and order the county treasurer to place such amount to the credit of the district, city or town entitled to receive the same: Provided, that no school district which fails to levy a tax of forty cents on the one hundred dollars' assessed valuation, unless the assessment of a less amount, to- gether with the moneys received from the public funds, shall amount to three hundred and fifty dollars for school purposes, shall receive any part of the public school moneys for the en- suing school year, and the county clerk shall omit such districts in the apportionment of the public moneys: Provided further, that no district, city or town that shall have failed to afford the children thereof the privileges of a free school for at least eight months during the year ending the 30th day of June pre- vious to the said distribution, provided a tax of forty cents on the one hundred dollars' assessed valuation, together with the public funds, will maintain the same, shall be entitled to any portion of the public school fund for that year. This section shall take effect and be in force on and after the first day of September, 1911. (R. S. 1919, 11179.) Distribution oj state funds. A newly formed district is not entitled to any state funds apportioned to old districts before the new district was formed. State ex rel. v. District, 90 Mo. 395. Note that a district that does not levy a tax of forty cents on the one hundred dollars is not entitled to any part of the public funds unless a smaller levy with the public funds will produce $350. The cash on hand is not to be counted as a part of the $350. A one-room (one teacher) country school must be reported as employing one teacher. Although two, three or more different persons may be enployed by the board during the year, yet only one teacher is employed at a given time, and the district employs only one teacher. Or in other words, "one teacher" means "one teaching position." A two-room (two teacher) or "two teaching position" school must be reported Revised School .Laws. 45 as employing two teachers, even though more than two different persons have been employed in getting the work of two teachers done. Likewise for a three- teacher school, a four-teacher school, etc. No person who is not a legally qualified public school teacher can be counted. The school law recognizes but one term of school during each year. Though the term be divided, it is still one (legal) term of school. Sec. 11180. School state aid in case of infectious diseases. -Whenever there shall have existed within the state, or any considerable portion thereof, an infectious disease, contagion, epidemic, plague or similar condition whereby the school atten- dance is substantially effected for an extended period of any school year, the apportionment of school funds required in sec- tion 11179, the giving of state aid, and all other distribution of school moneys as provided by law, shall be made on the basis of the school year next preceding such condition. (R. S. 1919, 11180.) Sec. 11181. Correction of error in apportionment distri- bution of funds. The state superintendent of public schools is hereby authorized to correct any error made in the apportion- ment of the public school funds among the various counties of this state out of the public school fund of the year next follow- ing the date when such mistake was made, and the amount set apart to any county for the purpose of correcting an error shall be by him certified to the state auditor and to the county clerk, and the state auditor shall draw a warrant on the state treasurer for the amount so certified in favor of the treasurer of said county, and the county clerk shall apportion said funds to the various districts in said county as the funds of the year in which said error occurred, and the county treasurer may pay out- standing warrants for teachers' wages issued during the school year in which said error occurred, not to exceed the correction made. (R. S. 1919, 11181.) The state superintendent has no authority to correct fraudulent enumeration and withhold a county's share of the state money on that account. State ex rel. Randolph Co. v. Evans, 240 Mo. 95, 145 S. W. 40. Sec. 11182. Distribution of funds when township lies in two counties. Whenever any congressional township shall lie in two or more counties, the township school fund of such town- ship shall be divided among the aforesaid counties in proportion to the amount of territory in the fractional township included in each county as follows: The county court of th.e county in which section sixteen is located shall, upon a requisition of the county clerk of any county containing a fractional part of such township, issue an order transferring the amount due such county under this section into the care, keeping and custody of the county court thereof; and said fund shall be loaned, and the in- come derived therefrom shall be apportioned, annually, to such fractional township as though it were an entire township; and the township funds of all entire townships and all fractional townships included within the limits of any county in this state 46 Revised School Laws. shall be handled and controlled by the proper officers of such county, as set forth in this chapter. The provisions of this section shall not apply to any congressional township inter- sected by the Missouri river. (R. S. 1919, 11182.) Sec. 11183. Duties of county clerk assessment of esti- mates. On receipt of the estimates of the various districts, the county clerk shall proceed to assess the amount so returned on all taxable property, real and personal, in said district, as shown by the last an-nual assessment for state and county purposes, including all statements of merchants in each district of the amount of goods, wares and merchandise owned by them and taxable for state and county purposes: Provided, that the levy thus extended shall not exceed in any one year as follows: For building purposes, one per centum in town school districts, and not more than sixty-five cents on the one hundred dollars in other districts; for school purposes, one per centum in town school districts, and not more than sixty-five cents on the one hundred dollars in other districts; for sinking fund, forty cents on the one hundred dollars' valuation, and a sufficient amount to pay interest on bonded indebtedness; all of which shall be extended by the county clerk upon the general tax books of the county for said year in separate columns arranged for that pur- pose; and the county clerks shall list the names of all persons owning any personal property who do not reside in any school district, and the value thereof; also, list all lands and town lots in any territory not organized into a school district, and shall levy a tax of forty cents on the one hundred dollars' valuation on all such taxable property, said taxes to be collected as other taxes and distributed as provided in section 11179, and it shall be the duty of the county assessor in listing property to take the number of the school district in which said taxpayer resides at the time of making his list, to be by him marked on said list, and also on the personal assessment book, in columns provided for that purpose. (R. S. 1919, 11183.) Section construed. County clerk may "assess" (levy and extend) taxes against property, but he cannot assess property omitted by assessor. School District v. Wickersham, 34 A. 337. When new district is formed, clerk should not levy taxes for old district on property of such new district, 'even though new dis- trict has failed to adopt a plat thereof. State ex rel. v. Burford, 82 A. 343. When cgunty clerk assessed personal property for school purposes in district where owner of such property does not reside, the collector cannot change the tax book nor correct the error. State ex rel. v. Brown, 172 Mo. 374, 72 S. W. 640. Such tax is illegal and cannot be collected. State ex rel. v. Sheperd, 218 Mo. 656, 117 S. W. 1169. When single man has farm in one district and temporarily lodges in another, his home is where his farm is located. State ex rel. v. Sheperd, 218 Mo. 656, 117 S. W. 1169. The clerk cannot. levy or extend school taxes on roadbed, rolling stock and moving property of railroad until such tax has been levied by county court as provided in Sec. 13031. State ex rel. v. Ry., 135 Mo. 618, 37 S. W. 532. County courts have no power to alter the assessment of taxes to build school- houses merely on the alleged ground that the schoolhouse was unnecessary, the Revised School Laws* 47 decision of that question is left to the local directors, and that tribunal has no control over the county clerk in respect to the assessment and extension of school taxes. 52 Mo. 218, 67 Mo. 706. A school estimate stating rate of levy, but omitting amounts of the several funds, is not illegal on that account. 126 Mo. 472. Tho court will not compel a county clerk by mandamus to extend school taxes on property not lawfully subject thereto. 120 Mo. 67. The limits of a town or city school district need not be precisely coterminous with the city limits in order that a tax in excess of sixty-five cents on the one hundred dollars' valuation may be levied upon the property in the district for school purposes. 263 Mo. 689. Sec. 11184. Compensation of county clerk for labor on tax books. The county clerk shall receive as full compensation therefor ten cents for every hundred figures in school tax column on general tax book, to be paid by the county treasurer upon warrant issue by the county court. (R. S. 1919, 11184.) Sec. 11185. Report of county clerk to state superintendent. The clerk of each and every county court shall, on or before the thirty-first day of July, annually, make out and transmit to the state superintendent of public schools,* at Jefferson City, an abstract of all the returns of school districts, cities or towns in his county made to him according to the form that may be prescribed by the state superintendent; also, the amount of in- come of the school funds of said county, and amount realized from taxes collected therein. (R. S. 1919, 11185.) Sec. 11186. Collector's receipts and compensation. It shall be the duty of the county clerk to take a receipt from the county collector for the school taxes by him placed on the general tax books; and the collector shall proceed to collect the same in like manner as the state and county taxes are or may be collected, and he shall receive, as full compensation for his services on the amount collected and paid over by him, the same per cent, as is allowed by law to collectors for collecting other taxes; and he shall pay over monthly, to the county treasurer, all such taxes collected and take his receipt therefor. (R. S. 1919, 11186.) Sec. 11187. Collections of delinquent taxes. The collector shall, at the time of returning the land delinquent list for state and county taxes, return therewith all land school taxes herein provided for which shall remain unpaid, and when so returned, the same shall be a lien on such real estate, and be collected in the same manner that other delinquent taxes on land are collected; and when so collected, shall be paid over to the county treasurer as other school taxes. (R. S. 1919, 11187.) Sec. 11188. County treasurers and their duties. The county treasurer in each, county shall be the custodian of all moneys for school purposes belonging to the different districts, until paid out on warrants duly issued by order of the board of directors or to the treasurer of some town, city or consoli- 48 Revised School Laws. dated school district, as authorized by this chapter, except in counties having adopted the township organization law, in which counties the township trustee shall be the custodian of all school moneys belonging to the township, and be subject to correspond- ing duties as the county treasurer; and said treasurer shall pay all orders heretofore legally drawn on township clerks, and not paid by such township clerks, out of the proper funds belong- ing to the various districts; and on his election, before entering upon the duties of his office, he shall give a separate bond, with sufficient security, in double the probable amount of school moneys that shall come into his hands, payable to the state of Missouri, to be approved by the county court, conditioned for the faithful disbursement, according to law, of all such moneys as shall from time to time come into his hands; and on the forfeiture of such bond it shall be the duty of the county clerk to collect the same for the use of the schools in the various districts. If such county clerk shall neglect or refuse to prose- cute, then any freeholder may cause prosecution to be instituted. It shall be the duty of the county court in no case to permit the county treasurer to have in his possession, at any one time, an amount of school moneys over one-half the amount of the security available in the bond; and the county treasurer shall be allowed such compensation for his services as the county court may deem advisable, not to exceed one-half of one per cent, of all school moneys disbursed by him, and to be paid out of the county treasury. (R. S. 1919, 11188.) Tceasurer's bond and compensation. A treasurer's bond under this section, which in general terms requires him to faithfully disburse all funds which come into his hands, binds him to safely keep and disburse all kinds of school moneys which he may receive, and he cannot receive credit from a district for warrants paid in excess of the moneys received for such district. State ex rel. v. Cook, 72 Mo. 496. But when bond only obligates him to receive and disburse "school funds of county," this does not make his sureties liable for district school funds received by him and paid out on a forged warrant. State ex rel. v. Weeks, 92 A. 359. This section does not fix the compensation of treasurer at one-half of one per cent. He is entitled only to that amount or such part thereof as the county court may deem reasonable, and he cannot recover for services in handling school moneys unless the court has made an order fixing the amount he shall receive. Sanderson v. County, 195 Mo. 598, 93 S. W. 942. Sec. 11189. Settlement of county or township treasurer. The county or township treasurer shall, semi-annually, settle his accounts with the county court -at its first and third regular terms in each year, being the regular February and August terms of said court; and at the end of his term, or if he resign or be removed from office, he, or if he die, his executor or administrator, shall, within twenty days, settle with the county court, and if there be no term, or the court be not in session, the presiding judge shall call a special term to make such settlement. The said treasurer shall account for all school moneys or funds of any and all kinds received by him, from- whom and on what account, and the particular fund to which each of said funds Revised School -Laws. 49 were entered and charged, and the amount paid out for school purposes to the various districts of the county, and for any and all other purposes. The county court shall examine the vouchers, receipts, orders and warrants upon which each of such payments were made, and if satisfied that said payments are just and correct, shall make an order attesting the same, which order shall be entered of record and shall be prima facie a dis- charge of the liability of said treasurer. The said treasurer shall, within five days after his final settlement, or at the expiration of his term of office, turn over to his successor in office all moneys, funds, records^ papers, furniture and fixtures belonging to said office, and take his receipt therefor, and within five days file a duplicate of said receipt w r ith the clerk of the county court of said county. The said county or township treasurer shall, on the 25th day of March and the first Monday in October of each year, deliver or mail to the clerk of each school district in the county or township an accurate and detailed statement, showing the actual amount of cash on hand to the credit of each of the district funds; and the statement made in October, as herein provided, shall show the amount of cash on hand on the day of the approval of the last settlement made by the said treasurer with the county court, and shall be jointly made and signed by the said county treasurer and clerk of the county court, and shall be a full exhibit, showing the amount of public money, railroad taxes, and all other moneys on hand or due the district by taxation, the levies made, the assessed valuation of each of said districts for the year, and the balance on hand to the credit of each district fund. (R. S. 1919, 11189.) Section construed. State ex rel. School District v. Shuck, 273 Mo. 50, 199 S. W. 975. The county treasurer's term of office begins January 1st. His semi-annual settlements should be based on the showing of his books on January 1st and July 1st. The settlement may not be made with the court until the August term, but it should be based on the balances shown by the treasurer's books at the close of business June 30th. Likewise at the February term of the county court the report should show the balances at the close of business December 31st. This will enable the county treasurer to base his settlements on conditions at the close of the school year and six months thereafter. It also makes it easy for him to report to the district clerks the conditions of the finances of their districts on July 1st of each year. Sec. 11190. Penalty for failure to make settlement. In case the county or township treasurer shall fail to make such semi-annual settlement with the county court within the time prescribed in the preceding section, he shall, in addition to the sum remaining unaccounted for, forfeit the sum of five hundred dollars, to be recovered in a civil action, in the name of the state of Missouri, and when collected, to be applied to the use of public schools in such county; and it is hereby made the duty of the county clerk to proceed forthwith, in case of such failure, by suit, against such treasurer, before any proper tribunal, to recover the penalty aforesaid; but when it appears on trial, to 50 Revised School Laws. the satisfaction of said court, that said treasurer was prevented from making such settlement within the time by sickness or unavoidable absence from home, it shall be the duty of the court to direct a verdict for such treasurer on his paying the costs. (R. S. 1919, 11190.) Sec. 11191. Title of property. The title of all schoolhouse sites and other school property shall be vested in the district in which the same may be located; and all property leased or rented for school purposes shall be wholly under the control of the board of directors during such time; but no board shall lease or rent any building for school purposes while the district school- house is unoccupied, and no schoolhouse or school site shall be abandoned or sold until another site and house are provided for such school district. (R. S. 1919, 11191.) Sec. 11192. Formation of new districts notice of proposed organization. In any county in this state containing seventy-five thousand population and adjoining a city having over five hundred thousand inhabitants, whenever territory is annexed to an incorpo- rated town or city for school purposes, the adult taxpayers residing outside of the corporate limits of the town or city and in the school district thereof may, after giving thirty days' notice by publication in a newspaper published in said district and by at least twenty- five printed hand bills posted in the school district, describing the proposed new district boundaries and naming the time and place of meeting, meet and organize a school district for the territory outside of the corporate limits of the town or city located in such school district, and at the meeting so called a chairman and secretary shall be elected who shall keep a record of the proceedings at said meeting. An accurate description of the boundaries of the new district shall be spread upon the record of the meeting and preserved. (R. S. 1919, 11192.) Sec. 11193. Organization of new district. If, when the meeting above provided for convenes, a majority of the qualified voters residing in such territory proposed to be organized into a school district vote for the organization of such district and for the approval of a plat defining the boundaries thereof, then the chairman of said meeting shall cause the result thereof to be spread upon the records of the meeting and shall declare the district organized. (R. S. 1919, 11193.) Sec. 11194. Directors, election of. After the district shall have been declared organized, the qualified voters present, residing in said territory so organized as a school district, shall proceed to elect three directors, who shall serve until the next annual school meeting, to be held on the first Tuesday of April of each year as provided by statute. At the first annual meeting so held three directors shall be elected who shall serve respectively one year, two years and three years, and the term shall be fixed according to the number of votes each receives; the one receiv- Revised School -Laws. 51 ing the highest number of votes shall hold three years, the next highest, two years, and the one receiving the third highest vote shall hold office for one year, and if any two or more having the highest number of votes tie, the secretary of the meeting shall cast a ballot deciding which term the respective candidates so tied shall receive. (R. S. 1919, 11194.) Sec. 11195. Division of property and valuation thereof when new district is formed. All the provisions of law now in force with reference to the division of property and the valuation thereof when a new district is created shall apply to districts formed under this article. (R. S. 1919, 11195.) Sec. 11196. Powers and duties of officers. Existing provi- sions of the statutes when applicable shall apply to districts created under this article. The directors and officers of school districts formed under this act shall have the same power, perform the same duties, and have the same responsibilities and liabilities as are now provided or as may hereafter be provided by the general school laws of the state; and all the existing and future school laws of the state shall, so far as the same now are applicable, are hereby made to apply to the districts and the officers thereof created under the provisions of this article. (R. S. 1919, 11196.) ARTICLE III. LAWS APPLICABLE TO COMMON SCHOOLS. Sec. 11197. Renumbering of school districts cor- porate powers. 11198. Rights not affected by renumbering succession to powers. 11199. Incorporation of unorganized terri- tory. 11200. Unorganized territory may be at- tached, how. 11201. Formation of new districts. 11202. Preceding section to apply to what dis- tricts. 11203. Formation or division of districts with valuation of less than fifty thousand dollars prohibited. 11204. Division of property when new district created. 11205. Valuation of property to be divided. 11206. Assessment of building fund. 11207. Division of districts lying in two or more counties. 11208. First meeting of nowly created dis- tricts. 11209. Annual meeting. 11210. Powers of annual meeting. 11211. Length of school required teachers' salaries provisions necessary of state aid. 11212. Requirements to secure state aid in certain districts. Sec. 11213. Directors, qualifications of, how and by whom elected. 11214. Oath of directors. 11215. Organization of board. 11216. Vacancy in board of directors, how filled. 11217. Removal of district clerk. 11218. Joint high schools may be established. 11219. Duties of district clerk. 11220. District clerk to procure record books. 11221. District clerk to post notices. 11222. Payment of district indebtedness. 11223. Form of warrant to be paid from proper fund. 11224. County court may invest sinking fund, when and how. 11225. County treasurer to report. 11226. Records of district clerks. 11227. Teachers' monthly and term reports. 11228. Loan of surplus district school money. 11229. How loaned. 11230. Schools having special charters may be governed by general school law, how. 11231. Special election to determine whether special charter shall be surrendered, 11232. Notice of election. 11233. Elections, how conducted. 11234. Ballot. 11235. Result of election. 52 Revised School Laws. Sec. 11197. Renumbering of school districts corporate powers. It shall be the duty of the county court of each county in this state, at the February, 1910, term thereof, to renumber all the common school districts in their respective counties, numbering them numerically instead of by township and range, as they are now known and designated. Such renumbering shall begin as near as may be at the northeast corner of each county and run first west through the entire county and thence east, and so on in the same general order that sections of land are numbered in congressional townships. Such renumbering shall be entered of record by such county court and may be in the following form: The common school districts of county are hereby renumbered and designated as follows: District of township , range , shall hereafter be known as school district one, and so on until all of the ^districts in the county have been numbered. Such county courts shall cause .to be published once in one or more newspapers of their respective counties during the month of February, 1910, a certified copy of the order so made chang- ing the numbers of school districts, and the county clerk shall prepare and mail to the clerk of each of such school districts of his county a printed copy of such order, for which he shall be allowed a fee of ten cents for each clerk thus notified, and the change of numbers so made by such court shall take effect and be in force from and after the first day of March, 1910. Such districts shall be bodies corporate under the numbers and desig- nation thus given them by the county courts, and shall by such numbers and designation be capable of suing and being sued; of holding such real and personal property as may at any time be either donated or purchased in accordance with the laws of this state, or of which they may be rightfully possessed at the time of the passage of this law, and shall also have the power of selling such property as hereinafter provided. (R. S. 1919, 11197.) Section construed. In bringing suit for school district, its corporate existence need not be pleaded, as courts take judicial notice of its power to sue. School District v. Holmes, 53 A. 487. A contract which does not correctly designate the district is invalid. Globe, etc. Co. v. District, 51 A. 549. Certiorari is not an appropriate remedy to test the corporate existence of a school district. School District v. Pace, 113 A. 134, 87 S. W. 580. Quo warranto is the proper remedy by which the corporate existence ef a school district may be attacked.. Black v. Early, 208 Mo. 281, 106 S. W. 1014. In suits against school districts the summons should be served on president of the school board. Carr v. District, 42 A. 154. If a taxpayer permits a school district, ir- regularly organized, to levy and collect taxes, and carry on school for several years, he is estopped from denying the legality of its organization, particularly in the collateral action of mandamus. State ex rel. v. Miller, 113 A. 665, 88 S. W. 637. Sec. 11198. Rights not affected by renumbering succes- sion to powers. Each of the school districts, when so renum- bered as provided in the preceding section, shall succeed to and receive, by operation of this statute, the full, legal and equit- Revised School Laws. 53 able title to all property of every description, and to all rights, powers, duties and obligations possessed by their several pred- ecessors, and the citizens living in such districts so renumbered shall have and retain all the rights and privileges of the former districts; and the directors, officers, teachers and other employes of the several districts, as they now exist, or may exist on March 1st, 1910, shall continue to hold office and perform their several duties under the number and designation given their respective districts by the county courts, and shall receive the same com- pensation for their services as if no such change of name had taken place. Common school districts created after the first day of March, 1910, shall receive a number by the county courts of the counties in which they are situated, which number shall be a continuation of the numbers given to the other dis- tricts, as herein provided. After the common school districts of this state have been renumbered in 1910, as above provided, they shall not be renumbered oftener than once in every ten years. (R. S. 1919, 11198.) See cases cited under section 11197 Sec. 11199. Incorporation of unorganized territory. When- ever there shall be in this state any territory not organized into a common school district, and containing within its limits twenty or more pupils of school age, three or more taxpayers of such territory may call a meeting of the qualified voters of such un- organized territory, or "such part thereof as they desire to or- ganize into a school district, by first giving fifteen days' notice of the time, place, purpose of the meeting and boundary lines of the territory proposed to be organized. The qualified voters, when assembled, may organize such territory into a school dis- trict, a majority of the qualified voters residing in such territory proposed to be organized into a school district voting therefor, who shall approve of a plat defining the boundaries thereof, and elect three directors, who shall serve until the next annual meeting, when one director shall be elected to serve for one year, one director for two years and one director for three years said directors to serve until their successors are duly elected and qualified: Provided, that any territory not organized into a school district, and containing less than twenty pupils of school age, may be attached to an adjoining district, upon petition by the qualified voters of such unorganized territory, or such part thereof as may wish to be attached to such adjoin- ing district, directed to the board of directors of such adjoining district; and it shall be the duty of such board, on receipt of the petition, to meet forthwith and consider same, and if a majority of the board are in favor thereof, such territory shall become a part of such district. (R. S. 1919, 11199.) Construction. To organize new districts under this section the notice must be signed by three taxpayers residing in the territory to be organized, and posted fifteen days before the meeting. Berryman v. Bethune, 89 Mo. 158. A district 54 Revised School Laws. cannot legally detach or vote out a part of its territory except on petition and notice as required by law, arid another district cannot attach territory until the same has been detached from the district in which it was once legally included. State ex rel. v. Hill, 152 Mo. 235, 53 S. W. 1062. See, also, cases cited under Sec. 11197. Money apportioned prior to division of district does not follow new district. 90 Mo. 395. Posting of notices, condition precedent to the validity of such division. 54 A. 31, 94 Mo. 612. The notice required by this section should be" as explicit in its essential features as that required under the provisions of section 11201, which is commented on in full. This section confers the right to call the first meeting for forming unorganized territory into a school district upon three taxpayers of the territory to be organized. These qualifications are jurisdictional. Sec. 11200. Unorganized territory may be attached, how. Whenever there shall be in this state any territory not organized in- to a common, town or city school district, and not containing within its limits twenty or more pupils of school age, any three or more taxpayers in such unorganized territory, or in any adjacent common, town or city school district, may file a written petition in the office of the clerk of the county court praying that such unor- ganized territory shall be attached to the nearest and most avail- able common, town or city school district, and at the next meeting of the county court the said petition shall be taken up and heard by the court, which shall, after being duly informed and advised, make an order annexing such territory to the nearest and most available common, town or city school district, and thereupon such territory shall become a part of such district, which fact shall be duly entered by the proper officers upon the tax books and other records of the county. (R. S. 1919, 11200.) Sec. 11201. Formation of new districts. When it is deemed necessary to form a new district, to be composed of two or more entire districts, or. parts of tw'o or more districts, to divide one district to form two new districts from the terri- tory therein, to divide one district and attach the territory there- of to adjoining districts, or. to change the boundary lines of two or more districts, it shall be the duty of the district clerk of each district affected, upon the reception of a petition desiring such change, and signed by ten qualified voters residing in any district affected thereby, to post a notice of such desired change in at least five public places in each district interested fifteen days prior to the time of the annual meeting, or by notice for same length of time published in all the newspapers of the district; and the voters, when assembled, shall decide such ques- tion by a majority vote of those who vote upon such proposition. If the assent to such change be given by the annual meetings of the various districts thus voting, or by the parts of the district to be divided, each part voting separately, the district or dis- tricts shall be deemed formed or the boundary thus changed from that date; but if one or more of the districts affected vote in favor of such change and one or more of such districts vote against such change, the matter may be referred to the county Revised School Laws. 55 superintendent of public schools; and upon such appeal being filed with him, in writing, within five days after the annual meeting, he shall appoint four disinterested men, resident tax- payers of the county, who, together with himself, shall consti- tute a board of arbitration, whose duty it shall be to consider the necessity for such proposed change and render a decision thereon, which decision shall be final. When there is an equal division, the county superintendent shall cast the deciding vote. The superintendent shall, at the time of the appointment of these members of this board of arbitration, notify them to meet him at some convenient place in the county within fifteen days after annual school meeting, where the deliberations of the board shall take place and its decision be rendered. But in making such change the decision in all cases shall conform to the prop- ositions contained in the notices and voted upon at the annual meeting; and the county superintendent shall, on or before the last day of April, transmit the decision to the clerks of the various districts interested, or to the clerk of the district divided, and said clerk or clerks shall enter the same upon the records of his or their respective district or districts; and the said board of arbitration shall be allowed a fee of fifteen dollars, to be paid by the district or districts taking the appeal at the time said appeal is made: Provided, however, that no new district shall be created or boundary line changed by which any district shall be formed containing within its limits by actual count less than twenty persons of "School age, or by which any district shall be left containing within its limits by actual count less than twenty persons of school age: Provided, however, the resi- dent voters upon any island in any of the navigable rivers of this state may organize into a school district without being sub- ject to the restrictions in the preceding portion of this section. It is further provided that, in changing the boundary line be- tween the two established districts, one district shall not en- croach upon the other simply for the acquisition of territory. At all elections to change boundaries, the votes of those parties residing in the territory sought to be attached to or detached from a district shall be separately cast and separately counted by the parties or officers holding such election: Provided further, that if in any school district or districts of the state a stream of running water shall in any way interfere with the convenient access of school children to the schoolhouse or houses of any such district or districts, then it shall be lawful to create a new district, to be composed of two or more districts or parts of two or more districts, or of one entire district and parts of one or more districts, lying in whole or in part in two counties in the manner hereinbefore set out; and in the event of an appeal being taken, as herein provided, from the action of the school meetings on the proposed formation of such district, such appeal shall be taken to the county superintendents of the respective counties; and such superintendents shall thereupon be em- 56 Revised School Laws. powered to jointly appoint a board of arbitration, who shall thereupon act as hereinabove set out; and in the event of a tie vote, such superintendents shall select an additional member of such board of arbitration, whose decision shall be final; and such decision shall be transmitted to the clerks of the districts affected thereby. (R. S. 1919, 11201.) Petition for change of boundaries. A petition signed by ten qualified voters must be filed with district clerk before he can legally post notices of an election to change boundaries. School District v. Pace, 113 A. 134, 87 S. W. 580. When the proposed change affects two or more districts, the law does not require ten pe- titioners from each district, but such petitioners may all reside in one district, or part of them may reside in one and remainder in another to be affected by the change, and separate copies of the petition should be signed and delivered to clerk of each district to which the proposition is to be submitted. State ex rel. v. .Job, 205 Mo. 1, 103 S. W. 493. Propositions to change boundaries or to organize a new district can only be submitted at annual meeting, and thenonly upon petition and notice as required by this section. State ex rel. v. Hill, 152 Mo. 234, 53 S. W. 1062. If petition fails to recite the precise change of boundaries intended, the election based thereon will be invalid. School District v. District, 94 Mo. 612, 7 S. W. 285. When boundaries are described by section, township and range lines, so that voters readily understand the full nature of change, the petition is sufficient. State ex rel. v. Gibson, 78 A. 170. This section is to be liberally construed; a substantial compliance with the law is all that is required. School District v. New London School District, 181 A. 583, 164 S. W. 688.' Section construed. School District, Clinton Co. v. Sims, 271 Mo. 168, 196 S. W. 17. Sufficiency of petition to charge fraud. School District v. School Dis- trict, 195 A. 504, 193 S. W. 634. Notice of election to change boundaries. Unless the notices contain a de- scription of the property sought to be detached from a district, so that the voters can understand the question to be voted on, the election will be void. School District v. Smith, 90 A. 215; School District v. District, 94 Mo. 612, 7 S. W. 285. If the petition contains a proper description of the proposed change of boundaries and a copy of the petition be referred to in and attached to each notice, this is sufficient. State ex rel. v. Eden, 54 A. 31; State ex rel. v. Job, 205 Mo. 1, 103 S. W. 493. After posting notice of election the board cannot cancel or withdraw same. State ex rel. v. Gill, 190 Mo. 79, 88 S. W. 628. Appeal to superintendent. That part of this section which provides for the settlement of boundary disputes by the superintendent and a board of arbitration appointed by him is constitutional. State ex rel. v. Andrae, 216 Mo. 617, 116 S. W. 561. Not necessary that the arbitrators or witnesses who appear before them should be sworn. State ex rel. v. Job, 205 Mo. 1, 103 S. W. 493. Not necessary for superintendent to keep a record of the proceedings of such board, but law re- quires its decision to be reduced to writing. State ex rel. v. Andrae, 216 Mo. 617 116 S. W. 561. The decision of the board of arbitrators should recite that it met to consider the appeal, and if it decide in favor of a change of boundaries, it should further re- cite that it found the change necessary and adjudge that the change be made. A mere decision that the board found in favor of the petitioners, without any re- cital that it ever met or found a change necessary, renders its proceedings void. State ex rel. v. Denny, 94 A. 559, 72 S. W. 467; State ex inf. v. Cummins, 114 A. 93, 89 S. W. 74. A valid election upon sufficient petition and notice is necessary in each district to be affected by the proposed change before such board has authority to consider such appeal. School District v. Smith, 90 A. 215. The board has no jurisdiction to consider an appeal unless one of the districts affected has voted in favor of the change of boundaries and another against such change, and prohibition will lie to prevent a consideration of such appeal. School District v. Burris, 84 A. 654. Revised School Laws. 57 The appeal must be taken in five days after the election, and the certificate of superintendent appointing the arbitrators must recite that they are taxpayers; if it merely recites they are voters the organization may be quashed by certiorari. State ex rel. v. Wilson, 99 A. 675, 74 S. W. 404. The superintendent and arbitrators can only decide the propositions which were submitted to the voters by petition and notice at the annual meetings, and if they decree a change of boundaries in a different manner than the plan voted upon, their acts are illegal, and mandamus will lie to compel the county court to extend taxes according to the boundaries as they existed before preposition was submitted. State ex rel. v. Riley, 85 Mo. 156; State ex rel. v. Patton, 108 A. 26, 82 S. W. 537; School District v. District, 94 Mo. 612, 7 S. W. 285. When there is a majority of all the votes cast in each district against the pro- posed change of boundaries no right of appeal exists. State ex rel. v. Stone, 152 Mo. 202. When the requirements of the law are fully complied with, the decision of the commissioner (now board of arbitrators) is final, and cannot be set aside by any court. State ex rel. v. Gibson, 78 A. 170; State ex rel. v. Burford. 82 A. 343. In the absence of proof to the contrary, it will be presumed that the appeal was taken within the five days allowed by law. State ex rel. v. Andrae, 216 Mo. 617, 116 S. W. 561. As amended in 1909. this section does not authorize an appeal by the voters who petitioned for the change of boundaries unless one district has voted in favor of such proposition. Quo warranto is the proper remedy to dissolve u district which has not been legally organized. School District v. Pace, 113 A. 134, 87 S. W. 580; Black v. Early. 208 Mo. 281, 106 S. W. 1014. The board of arbitrators is not required to hear any evidence as to compliance with the statutory prerequisites with reference to changing the boundary lines. School Dist. No. 16 v. New Loncion School Dist., 181 A. 583, 164 S. W. 688. Record must show arbitrators decided a change of boundaries necessary State ex rel. v. School Dist. No. 3, 163 A. 253. 146 S. W. 816 Report of arbitrators, held valid, though failing to show they were disinterested resident taxpayers^. School Dist. v. Yates, 161 A. 107, 146 S. W. 791. General provisions. The consolidation of two or more entire districts into one does not make it a town school district. School District v. Wallace, 75 A. 317. Three districts may, by election, so change their boundaries as to entirely dissolve one district and add its territory to the others. Meyers v. District, 96 A. 48, 75 S. W. 1120; State v. Hill, 152-Mo. 234, 53 S. W. 1062. When a district is dissolved and its territory added to other districts, such districts receiving part of such terri- tory become liable for its entire debts, but when one district has paid more than its proper share of such debts, it may recover excess from other districts which also received part of the territory of the disorganized district. Hughes v. District 72 Mo. 643. A change in boundary adding only uninhabited territory is in violation of this section, unless a valid reason therefor is shown. School District No. 14 v. School District No. 27, 195 A. 504, 193 S. W. 634. Sec. 11202. Preceding section to apply to what districts. The provisions of section 11201 shall apply to all districts of this state organized under special charter, or under and by virtue of any special law of the state of Missouri organizing or incorporating such school districts, excepting such school dis- tricts formed from territory composed of land granted to any city, town or village by virtue of any act of congress confirming to said city, town or village said grants of land, and excepting school districts formed of or contained in ci'ties and towns con- taining one hundred thousand inhabitants or over. (R. S. 1919, 11202.) Sec. 11203. Formation or division of districts withvalua- tion of less than fifty thousand dollars prohibited. No new school district shall be formed nor shall any school district be 58 Revised School Laws. divided so that the new district formed or the territory left by the division of a district shall contain an assessed valuation of less than fifty thousand dollars ($50,000) and an enumeration of less than twenty (20) persons of school age or at least eight square miles of territory and twenty persons of school age. (R. S. 1919, 11203.) Sec. 11204. Division of property when new district created. Whenever a new school district is or shall hereafter be formed which shall include within its limits territory upon which taxes have been collected to erect or aid in the erection of a school- house, or if there be an accumulation of cash or other property from taxes collected in the territory from which such new district has been or hereafter may be formed, it shall be the duty of such districts, through their respective boards of directors, at a joint meeting to be held at the schoolhouse of the old district, to ascertain .what are the rights and interests of such new district in the property and cash on hand of the old district or districts from which such new district was formed, and to agree upon a sum to be paid to such new district therefor. The directors of either district may call such meeting by giving the directors of the other district fifteen days' notice in writing. The rights of the several districts may be ascertained by computing the taxes which have been levied and collected on the property in each district, and the value of such schoolhouse or other school prop- erty at the time the new district is formed, but this method shall not exclude or prevent other methods of ascertaining the true value of the interest of such newly formed district in or to the property of the district or districts of which it was for- merly a part: Provided, that if the persons who have petitioned for the organization of such new district shall have inserted in their petition or notice of election an offer to waive all claims upon the property or cash of the district or districts from which they sought to be detached, then such newly formed district shall have no right to or claim upon the money or property of the district or districts from which it was detached. (R. S. 1919, 11204.) Section construed. If petitioners for a new school district offer to release all claims to property of old districts out of which new one is to be formed, the proposi- tion must be recited in all the notices of election, otherwise the election will be void as to such proposition. School District v. Neal, 74 A. 553. This section has no application to a change of boundaries between two old districts, School District v. District, 94 Mo. 612, 7 S. W. 285. When a tax is levied it must be collected and paid into treasury to the credit of the particular district for which it was levied, and any claim to such taxes by a district thereafter organized must be settled under the provisions of Sec. 11205. Rice v. McClelland, 58 Mo. 116. In view of this and the following section, the circuit court has no jurisdiction of suit by village district to recover its share of funds of an original district which had become a part of another district. Cleveland Village School Dist. v. Zion, 195 A. 299,' 190 S. W. 955. Sec. 11205. Valuation of property to be divided. If the boards of directors of the several districts cannot agree upon a Revised School Laws. 59 settlement as provided in the foregoing section, then either dis- trict may appeal to the county superintendent of public schools, who shall appoint four persons as a board of arbitration, as pro- vided by section 11201, to ascertain and agree upon the amount, if anything, due from the old district or districts to the new district, and upon the filing of their award with the clerk of the old district or districts, such district or districts (as the case may be) shall owe the new district the full amount or amounts of such award. Whenever the amount of such indebt- edness from the old district or districts is ascertained by the boards of directors, or by the award of arbitration or other- wise, the board of directors of such old district or districts shall pay to the new district the amount or amounts found to be due to it, and for the purpose of making such payment, the board of directors of such old district or districts shall, if neces- sary, cause a tax to be levied upon the property of their dis- tricts, and when the same is collected and paid over it shall constitute a building fund for such new district. (R. S. 1919, 11205.) Sec. 11206. Assessment of building fund. The amount levied by the new district for building purposes, where either or all of the parts of which it is composed have received their proportion of the property .of the old district, shall be divided proportionately; and those amounts, less the amount thus re- ceived, shall be assessed and collected from the property in- cluded in the limits of the respective portions. (R. S. 1919, 11206.) This section has no application to a mere change of boundaries between two established districts. School District v. District, 94 Mo. 612, 7 S. W. 285. Sec. 11207. Division of districts lying in two or more counties. Whenever any school district in this state shall lie partly in two counties, and a majority of the qualified voters in that portion of said district lying in any one of such counties shall desire to divide such district by county lines, they may hold an election for that purpose in that part of the district where they reside by giving fifteen days' notice of the time and place of holding such election by five handbills, signed by such qualified voters, and posted up in five public places in such district. Such election shall be held in the same manner as in newly created districts, and if a majority of the votes cast at such election be in favor of dividing such district on county lines, then such district shall be deemed so divided, and the persons acting as chairman and secretary of such meeting shall certify the result of such election to the clerks of the county courts of both the counties in which said district was originally situated. From and after the division of such district as herein mentioned each part thereof shall be a separate school district with all the powers of other districts, and may choose directors as in newly formed districts, and may continue as separate dis- 60 Revised School Laws. tricts or be annexed by or to other districts in the counties where they are severally situated in the manner now provided by law, or by a petition of all the qualified voters of such new district, and the consent of the board of directors of the district or districts to which they desire to be attached, at a meeting of such directors, * held for that purpose. Each new district created by dividing a district originally lying partly in two counties, which shall at the time of such division have within its boundaries any school property or cash on hand, received or paid for partly by taxes levied on property situated in that part of the original district lying in another county, shall be required to settle with and account to such district lying in such other county for its just share of such school property, and cause to be paid to it the amount found to be due, which amount may be ascertained and paid under the provisions of sections 11201 and 11205. All taxes collected for any district, which has been divided under the provisions of this section, shall be paid to the successor or successors of such school district lying in the county where such taxes may be collected. Hereafter no new school district shall be formed of territory lying in two counties, except where the portion of a district sought to be joined across the county line is cut off from the district or dis- tricts in the same county by a running stream, which can not easily be crossed by children attending said school; and provided, that districts or parts of districts lying in another county but adjoining a district that contains a city, town or consolidated school district may become a part of said city, town or con- solidated school district in the same manner as provided in section 11252. In all school districts divided by county lines it shall be the duty of the clerk of such school district to report to the clerk of each county in which such district is in part located the number of persons of school age residing in that part of said school district lying within the respective counties, together, with the amount of money necessary to maintain the school, and such other funds as it is necessary to raise by tax- ation in the same manner as is provided in districts not so divided. And it shall be the duty of the County court and county clerk of each county in which such district is located to apportion to said district such part of the public school funds as the enum- eration of such parts of said district shows it to be entitled to, and all moneys collected for school purposes as taxes on prop- erty within such district shall be paid to said district, the same as if it lay entirely within one county. (R. S. 1919, 11207.) Division of district on county lines. A town or city district lying partly in two counties cannot be divided under the provisions of this section, as it applies only to common schools. State ex rel. v. Fry, 186 Mo. 198, 85 S. W. 328. It is not necessary that the new district created by dividing a district lying partly in two counties should have the number of pupils and taxable property required of other new districts. State ex rel. v. Latton, 79 A. 164. School districts lying in two or more counties, how divided. 78 Mo. 80. While this section authorizes a majority of the legal voters in a fractiona \ Revised School Laws. 61 part of a district divided by a county line to at any time withdraw from the district and either form a new district or become attached to a district in their own county, there are good reasons why such division should take place only at the annual meeting, or within thirtjr days thereafter. The estimate, enumeration list, and list of taxpayers are furnished the county clerk in May, and all changes of boundary line should take place before this is done. This does not apply to districts organized under article II, relating to city and town schools. Note that no new district can be legally formed that will be divided by a county line except where the portion sought to be joined across the county line is cut off from the district in the same county by a running stream which cannot easily be crossed by children attending the school. This provision also applies to changes of boundary line. There can be no appeal to the county superintendent upon the question of joining territory to districts across a county line. Sec. 11208. First meeting of newly created districts. It shall be the duty of the voters resident in the territory embraced within the limits of the newly created district to assemble at some central point within said district within fifteen days after the formation thereof such point to be designated by notices posted in at least five public places in said district, or by notices published for the same length of time in all the newspapers published in such district, and signed by two of the resident freeholders therein; and such meeting, when assembled, shall be invested with the same powers and be conducted as prescribed for the first annual district meeting held under the provisions of this chapter: Provided, that the children in such newly created district shall have the right to attend school in their original districts until the thirtieth of June following. (R. S. 1919, 11208.) Section construed. Unless the voters of a new district meet and organize within fifteen days after they are voted out of the old districts, the organization of new districts will be void. School District v. Wallace, 75 A. 317. But if an appeal be taken, the first meeting can be held within fifteen days after notice of decision of board of arbitrators, and a failure to adopt a plat of the district at first meeting does not render its acts invalid. State ex rel. v. Burford, 82 A. 343. Such first meeting held, upon due notice, has all the powers of an annual meet- ing, and may vote a tax for building purposes as well as to hire teachers. State ex rel. v. Edwards, 151 Mo. 473, 52 S..W. 373. Note. This section does not specify for what length of time notice shall be given of first meeting in newly formed districts, but as such meeting must be held within fifteen days after the annual meetings, it would only be possible to give fif- teen days' notice thereof by posting such notice on the day of the annual meetings, designating the fifteenth day after the annual meetings as the date for such first meet- ing. If an appeal be granted, the notice for such first meeting should be given as soon as notice of the decision of the board of arbitrators is received. Notice for a first meeting in each of the new districts should be posted accord- ing to the provision of this section. 54 A. 31. Upon complying with section 11201, the i?ew district or districts "shall be deemed formed." It will therefore be observed that failure to do the things pro- vided in this section after the formation of the district would not work a forfeiture of its organization. While the provisions of this section must be complied with, yet the fifteen days' time given therefor is merely declaratory. It is not a condition to the validity of the division of a school district that notice for a first meeting in each of the new districts should be posted in accordance with the provisions of section 11208 of the Revised Statutes. The corporate existence of the new districts dates from the meeting whereat they were substituted for the old district. 54 A. 31. The notices of this meeting need not be posted "fifteen days before the meet- 62 Revised School Laws. ing" as notices of all other school meetings must. In fact, they cannot be posted for such time, as the meeting must be held "within fifteen days after the formation" of the district. It is unquestionably the intention of the law to make this excep- tion, although the phrase "for the same length of time" used in reference to the time of publication in newspapers is ambiguous. Sec. 11209. Annual meeting. The annual meeting of each school district shall be held on the first Tuesday in April of each year, at the district schoolhouse, commencing at 2 o'clock p. m. If no schoolhouse is located within the district, the place of meeting shall be designated by notices, posted in five public places within the district fifteen days previous to such annual meeting, or by notice for same length of time in all the newspapers published in the district, giving the time, place and purposes of such meeting. (R. S. 1919, 11209.) Note. See Laws 1917, p. 501; Laws 1913, p. 529. Chairman of meeting not subject to criminal law for rejecting vote of applicant for suffrage. 19 A. 210. The law fixes the time of the annual meeting on the first Tuesday in April in each year at 2 o'clock p. m. All residents of the district are expected to take notice of this fact. Those who are present at the hour named, and authorized to participate in the deliberations, may organize the meeting and proceed with the order of business specified in section 11210. Each item of the order of business may be taken up and disposed of, and those who arrive later have no right to complain that they were deprived of their right to take part in the business disposed of before their arrival. Sec. 11210. Powers of the annual meeting. The qualified voters assembled at the annual meeting, when not otherwise provided, shall have power by a majority of the votes cast: First To organize by the election of a chairman and a secretary, who shall keep an accurate record of the proceedings of the meeting, which, when duly approved and attested by the signature of the chairman, the clerk shall enter upon the record of the district. Second To choose, by ballot, one director, who shall hold his office for the term of three years and until his successor is elected and qualified. Third To fill vacancies, if any, caused by death, resigna- tion, refusal to serve, repeated neglect of duty or removal from the district; and the persons thus elected shall hold their office for the unexpired term and until their successors are elected and qualified. Fourth To determine, by ballot, the length of school term in excess of eight months lhat the public schools of the district shall be maintained for the next scholastic year; also, to deter- mine the rate, if any, in excess of forty cents on the one hun- dred dollars' assessed valuation to be levied for school purposes, as provided for in section 11151. Fifth To determine, by majority vote, whether or not the schoolhouse of the district may be used during the ensuing year for religious, literary or other purposes, or for the meeting of farmer or labor organizations, secret or otherwise. Revised School Laws. 63 Sixth To decide in favor of or against any proposed change of boundaries, notice of such change having been given in each and every district affected thereby in the manner provided by law. Seventh To direct the sale of any property belonging to the district but no longer required for the use thereof, to de- termine the disposition of the same and the application of the proceeds. Eighth To designate their choice, by ballot, for a person to fill the office of county superintendent of public schools. Ninth To determine, by ballot, the rate to be levied upon the one hundred dollars' assessed valuation necessary to pur- chase a site, erect a schoolhouse thereon and furnish the same, as provided for in section 11152. Tenth To determine, in districts newly formed, or wherein no schoolhouse site has yet been selected, the location thereof, notice having been given in the manner provided by law. Eleventh To change the location of schoolhouse site when the same for any cause is deemed necessary: Provided, that in every case a majority vote of the voters who are resident tax- payers of said district shall be necessary to remove a site nearer the center of said district; but in all cases to remove a site farther from the center of said district, it shall require two-thirds of the legal voters who are resident taxpayers of such school dis- trict voting at such election. (R. S. 1919, 11210.) General construction. To increase the rate of taxation for school purposes above forty cents on the hundred dollars at a special meeting, the board must first determine the rate and then submit the proposition by notice to the annual meet- ings, and at first meetings held in newly formed districts the voters can increase the tax levy in excess of forty cents to maintain school or to purchase sites, build schoolhouses and furnish same, without any notice having been given that such proposition will be submitted. Benton v. Scott, 168 Mo. 378, 68 S. W. 78; State ex rel. v. Edwards, 151 Mo. 472, 52 S. W. 373. An estimate calling for an increase of taxes for teachers and incidental funds which in the aggregate exceed forty cents on the one hundred dollars valuation, when such increase has not t?een sanctioned by a majority vote of the district, is not au- thorized, and taxes assessed on such estimates will be illegal as to such excess. Kansas City, etc. v. Chapin, 162 Mo. 409, 62 S. W. 1001. To change the location of a schoolhouse site nearer the center of district, only a majority of the taxpayers present and voting in the election is necessary. Rich- ardson v. McReynolds, 114 Mo. 641, 21 S. W. 901; Tucker v. McKay, 131 A. 728, 111S. W. 867. Failure of district clerk to copy into his record the signature of the person who acted as chairman of the annual meeting does not render such record incompetent evidence of the proceedings of such meeting. State ex rel. v. Eden, 54 A. 31. The expense of moving a schoolhouse cannot be paid out of incidental fund, but should be paid out of building funds. A proposition "to, move schoolhouse to southeast corner of J. B. Whitney's place" held sufficiently definite to enable direc- tors to determine where it should be moved. Livesay v. Whitney, 107 A. 475, 81 S. W. 640. The law does not designate the particular form in which minutes of the annual meeting shall be kept, and an entry that "next in order voted to move schoolhouse; carried," while incomplete, may be explained by parol evidence to show that the vote was by ballot, and that the necessary majority voted therefor. The removal of a schoolhouse pursuant to a vote of district cannot be enjoined be- cause district has no funds to pay the expenses, if responsible citizens of the dis- 64 Revised School Laws. trict have obligated themselves to pay for such removal. Tucker v. McKay, 131 A. 728, 111 S. W. 867. It seems that school boards may, by proper notice, submit to annual meetings propositions to change boundaries without a petition praying for such change, but this point has not been directly decided by appellate courts. Mason v. Kennedy, 89 Mo. 23, 14 S. W. 514. The powers of the board of directors denned. 48 A. 408, 30 A. 641. The powers conferred on the voters have relation to the then existing school year. 27 A. 36. The right to select teachers belongs exclusively to the board, and a vote taken upon this proposition must be considered by the board as a recommendation only. It will be observed that unless otherwise provided by law, a proposition submitted to the annual meeting is determined by a majority of the votes cast. The law pro- vides that the meeting shall convene at 2 o'clock p. m.. Promptly at the time the legal voters may proceed to organize the meeting and take up that order of business specified in section 11210. First. The meeting is organized by the election of a chairman and a secretary. These are temporary officers and must not be confounded with the president and clerk of the board of directors. The chairman presides during the meeting, put- ting all motions and announcing the result. The chairman is entitled to vote upon all propositions submitted. In case of a tie vote, the proposition or motion voted upon must be declared lost. The secretary keeps a correct record of the proceedings of the meeting, which, "when duly approved and attested by the chairman," must be turned over to the district clerk to be entered upon the district record. Second. Notice that the director is to be chosen by ballot for three years, and that he is to hold his office "until his successor is elected and qualified." By reference to section 11213 we find, speaking of directors, "and shall hold their office for the term of three years, and until their successors are elected or appointed and qualified." Yet, in section 10850, the remaining two directors are authorized to appoint when a vacancy occurs in one of the five following ways: First, by death; second, resignation; third, refusal to serve; fourth, repeated neglect of duty; fifth, removal from the district. Upon failure to elect a director at the annual meeting, the remaining two members cannot appoint, but the old director holds over to the next annual meeting, unless the outgoing member was appointed. No director (in an annual mass meeting) , in a district with three directors, can be elected unless he receives a "majority of the votes cast." If, upon the announce- ment by the chairman of the first ballot, no one has "a majority of the votes cast," successive ballots should be taken till someone does receive such majority. When an annual meeting has adjourned after all business has been attended to, another meeting or getting together cannot be had that day or at any other day except it be called in accordance with section 11154. The election of a director is re- stricted to the annual meeting by section 11213. Third. Filling of vacancies. It should be noted that persons elected at the annual meeting to fill vacancies "hold their office for the unexpired term, and until their successors are elected and qualified," while persons appointed by the board under section 11216 to fill vacancies "serve until the next annual school meeting." Fourth. Increase of levy for school purposes. The annual meeting is authorized "to determine the rate, if any, in excess of forty cents on the hundred dollars assessed valuation to be levied for school purposes." The proposition voted on should be, for instance, to levy forty-five cents, fifty cents, or any amount not exceeding sixty-five cents on the one hundred dollars valuation for school purposes. Both the Missouri Constitution and statutes limit the amount to be levied for school purposes, in districts not formed of cities and towns, to sixty-five cents on the hundred dollars valuation. In districts formed of cities and towns, a hundred cents on the hundred dollars valuation may be levied for school purposes. Any school district which is organized as a village or town district with six school directors under section 11237, and which contains within its boundaries a platted town, may levy for school purposes any amount not in excess of one hundred cents on the one hundred dollars valuation. Only taxpayers can vote on the proposition to increase the levy for school purposes. By reference to section 10796 Revised School Laws. 65 it will be seen that a vote upon this proposition is not confined to the annual meeting, but can be had at any time upon petition of five resident taxpayers, or when the board of directors deem it necessary. Fifth. To decide upon use of schoolhouse for other purposes, etc. See section 10784. Seventh. To direct the sale of school property. The annual meeting is here authorized to direct the sale of school property and not to sell it; that is,. to authorize the board of directors to sell the property on such conditions and under such limitations, of course, as the annual meeting may see fit to impose. It should be observed also that this property is to be "no longer required for the use of the district." It is to be supposed, of course, that at the same annual meeting at which the sale of the property is directed, bonds will be voted for the erection of school- house and furnishing the same. The board of directors should receive definite instruction not to dispose of the old schoolhouse till a contract is entered into for the building of a new schoolhouse before the opening of school. The money derived from sale of the school property should be credited to the 'building fund of the district. Tenth. Location oj schoolhouse site. This applies to any school district seeking a schoolhouse site: First, to a regularly organized district without a schoolhouse site; second, to districts just organized from unorganized territory (section 11199). The annual meeting must vote upon a definite site, and not instruct the board of directors to select a site. The proposition is carried by a majority of the votes cast. This proposition may be voted on either at an annual meeting or a special meeting called in accordance with section 11154. Eleventh. To change location of schoolhouse site. In the discussion of this section we have found one proposition (increase of levy for school purposes) that must be decided by taxpayers as distinguished from qualified voters. The change of location of schoolhouse site is a second proposition that is determined by the taxpayers of the district. The supreme court, in the 114 Mo., at page 649, in speaking upon this statute, said: "A majority vote of the voters who are resident taxpayers of said district means a majority of the taxpayers present and voting at such election." See, also, 37 Mo. 270. In the event that the proposition submitted be to change the site to a point further from the center of the district, a two-thirds vote of the resident taxpayers who are legal voters present and voting is sufficient to carry the proposition. The law does not require that two-thirds of the residents of the district who are legal voters and taxpayers must vote affirmatively upon the proposition to carry it. All propositions submitted at the annual meeting, except these two (increase of levy for school purposes and change of schoolhouse site), can be decided by the qualified voters; these two, by taxpayers only. For definition of qualified voters, see section 11213. A taxpayer is one who holds in the district, in his own name, real or personal property liable to assessment and taxation. Of the eleven items of section 11210, the sixth, ninth and tenth require notices. The annual meeting cannot authorize a spring term of school to be begun or held before the 30th of June next succeeding; or, in other words, it cannot extend the term of school voted by the last annual meeting. If it is considered desirable to extend the school term beyond that voted by the last annual meeting, the proposition must be submitted at a special meeting called as provided in section 11154 for that purpose. The directors have no power of their own will to select the schoolhouse site. 57 Mo. 430. The chairman of a meeting of qualified voters of a school district for the election of a school director is not subject to the criminal law for rejecting a vote of an applicant for suffrage. 19 A. 210. No power exists in a board of public school directors, without authority from the voters of the district, to rent buildings or rooms separate from the district schoolhouse, and to employ teacher? for a supplemental school therein. 30 A. 641. Expense of moving house to be paid out of building fund. 107 A. 475. 66 Revised School Laws. FORM FOR NOTICE OF ANNUAL SCHOOL MEETING. Notice is hereby given to the qualified voters of district No. , county of , state of Missouri, that the annual school meeting of said district will be held at . on Tuesday, the day of April, 19 , commencing at 2 o'clock p. m., and among other things specified by the law, the following will be proposed and considered: -, District Clerk. Sec. 11211. Length of school required teachers' salaries -provisions necessary for state aid. The board of directors of every school district is hereby empowered and required to con- tinue the public school or schools in the district for a period of eight months in each scholastic year: Provided, that when any district has levied for school purposes (teacher and incidental expenses) the maximum levy provided by law and the funds so derived, together with the money on hand and the amount received from the public funds, are insufficient to maintain such school or schools for such a period, paying the teacher or teachers a maximum salary of sixty dollars ($60.00) per month, then such district shall receive from the state treasurer a sufficient amount to make up this deficit; no district shall receive over three hun- dred dollars ($300.00) for any year, except as hereinafter pro- vided: Povided, that a salary of seventy dollars ($70.00) per month may be paid by a district employing a teacher who holds a second grade certificate, and eighty dollars ($80.00) per month by a district employing a teacher who holds a first grade certifi- cate, or its equivalent: Provided further, any district making application for such state aid shall show that it has an assessed valuation of seventy-five thousand dollars ($75,000.00) or less, that it has made a levy of sixty-five cents on the one hundred dollars' valuation for school purposes, not more than twenty-five cents of said levy to be used for incidental purposes, and that it nas maintained an average daily attendance of fifteen or more pupils during the past school term; or in lieu of an average daily attendance of fifteen or more pupils that during the past school term it has maintained an average daily attendance of sixty-five per cent of the last enumeration in said district: Provided further, that any school district which employs two or more teachers may receive not to exceed five hundred dollars ($500.00) if it has an assessed valuation of one hundred and twenty-five thousand dollars ($125,000.00) or less and has maintained an average daily attendance of forty (40) or more pupils during the last school term and has complied with the other provisions of the section: Provided further, that any school district that receives aid under the provisions of this section and then pays its teachers salaries in excess of the amount above specified shall forfeit its right to any further state aid under this section for a period of two years: // is also provided, that no school district Revised School Laws. 67 organized after January 1, 1913, with an' area of less than six square miles, shall be entitled to state aid under the provisions of this section. The directors of any such district desiring to avail itself of this aid shall meet, and on or before June 30th fur- nish to the county clerk an estimate, verified by the signatures of the clerk and the members of such board, showing the amount of such probable deficit; it shall be the duty of the county clerk to furnish to the state superintendent, on or before July 15th, a list of all districts in his county making such application, show- ing the amount estimated by each district and the total for the county. Before apportioning the state school funds, the state superintendent of public schools shall set aside a sum equal to the total of all deficits reported by all the counties in the state, after which he shall proceed in accordance with section 11179. The state superintendent shall cause the state treasurer to for- ward to the county clerk of each county the total amount shown to be due to such county to make up such deficits, and the clerk shall thereupon apportion to each district its proper amount in accordance with the estimates on file in his office. (R. S. 1919, 11211, amended Laws, 1921, H. B. 348.) Every district in the state must maintain an eight months' term of school, provided the maintenance levy, together with the public funds and cash on hand, are adequate. If the money from the above sources is not adequate to maintain an eight-months' term the school must be continued until the teachers' fund is expended. Districts which levy for school purposes (teacher and incidental expenses) the maximum levy provided by law, and the funds so derived, together with the public funds and money on hand are not sufficient to maintain an eight months' term, may receive aid from the state on meeting the following conditions: A. In districts employing one teacher: 1. The district must have an assessed valuation of $75,000 or less. 2. The district must levy 65 cents on the $100 for school purposes. 3. Not more than 25 cents of said levy to be used for incidental purposes. 4. The district must have maintained an average daily attendance of fifteen or more pupils during the past school term, or in lieu of an average daily attendance of fifteen or more pupils, the district must have maintained an eaverage daily at- tendance of 65 per cent of the last enumeration in the district. 5. The maximum amount of aid is $300, or so much thereof as may be necessary to maintain an eight months' term of school, at the following salaries: (a) Sixty dollars ($60.00) per month for a teacher who holds a third grade certificate, (b) seventy dollars ($70.00) per month for a teacher who holds a second grade certificate, (c) eighty dollars ($80.00) per month for a teacher who holds a first grade certificate, or its equivalent. B. In districts employing two or more teachers: The conditions for receiv- ing state aid are the same as for districts employing one teacher with the following exceptions: 1. The assessed valuation must be $125,000 or less. 2. The average daily attendance durjng the last school term must have been 40 or more pupils. 3. The maximum amount of aid is $500.00. Any district that receives state aid cannot pay salaries in excess of those prescribed above. If necessary, the board of directors may call a special meeting to vote the increase of levy necessary for state aid. No district organized after January 1, 1913, and having an area of less than six square miles, can receive state aid. Formal application must be made to the county clerk on or before June 30th 68 Revised School Laws. and by him to the state superintendent on or before July 15th. A careful reading of section 11179, especially the two provisos, is recommended before sending in estimates required by section 11142. The year here spoken of is the school year beginning July 1 and ending June 30th. Sec. 11212. Requirements to secure state aid in certain districts. The board of directors of any school district of which the assessed valuation does not exceed fifty thousand dollars ($50,000) and in which the average daily attendance in school during any year has been less than fifteen, is hereby authorized to arrange with the board or boards of directors of other dis- trict or districts for the admission of all children of school age in said district having a daily attendance of less than fifteen, and, if desired to arrange also for transporting the children to and from school. In the event any such district has levied for school purposes the maximum levy provided by law (sixty-five cents on the one hundred dollars assessed valuation) and applies the funds so derived, together with the money on hand and the amount received from public funds to the payment of the cost of transportation for the children of said district, and also applies any balance remaining in such fund after the payment of trans- portation cost to the payment of tuition for the children of said district and does not have a sufficient amount to meet all this tuition cost, the state shall grant aid to such district suf- ficient to enable the district to keep all its children in school for a period of at least eight months: Provided, however, the amount of aid granted shall in no case exceed the actual cost for tuition and the rate of tuition paid shall not exceed the pro rata cost for maintenance in the district or districts which said children attend, based on the maintenance cost of the pre- ceding year; it is also provided, that the estimated cost per pupil for transportation shall be a reasonable charge, and the state superintendent shall decide as to the reasonableness of this charge and his decision shall be final. The application and manner of payment of the aid granted under this section shall be similar to the application and method of payment provided in section 11211. (R. S. 1919, 11212.) Sec. 11213. Directors, qualifications of how and by whom elected. The government and control of the district shall be vested in a board of directors composed of three members, who shall be citizens of the United States, resident taxpayers of the district, and who shall have paid a state and county tax within one year next preceding his, her or their election, and who shall have resided in this state for one year next preceding his, her or their election or appointment, and shall be at least twenty- one years of age. Said directors shall be chosen by the qualified voters of the district at the time and in the manner prescribed in section 11209 of this article* and shall hold their office for the term of three years, and until their successors are elected or appointed and qualified, except those elected at the first Revised School Laws. 69 annual meeting held in the district under the provisions of this chapter, whose term of office shall be for one, two and three years, respectively. A qualified voter within the meaning of this chapter shall be any person who, under the general laws of this state, would be allowed to vote in the county for state and county officers, and who shall have resided in the district thirty days next preceding the annual or special meeting at which he offers to vote. (R. S. 1919, 11213.) Qualification of director. Supreme court has jurisdiction of appeal in suit to oust a school director. If a party has paid a state and county tax in another county within one year and has resided in school district long enough to entitle him to vote, he may serve as school director if elected. State ex inf. v. Fasse, 189 Mo. 532, 88 S. W. 1. A director must be a citizen of the United States, either naturalized or native born, a resident taxpayer, and shall have paid a state and county tax within one year next preceding his election. The following portion of the definition of a qualified voter may not be plain: "A qualified voter within the meaning of this chapter shall be any person who, under the general laws of this slate, would be allowed to vote," etc. Who are "al- lowed to vote under the general laws of this state?" Article 8, section 2 of the Constitution settles this: "Every male citizen of the United States, and every male person of foreign birth who may have declared his intention to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possess- ing the following qualifications, shall be entitled to vote at all elections by the people*: (1) He shall have resided in the state one year immediately preceding the election at which he offers to vote, (2) he shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately preceding the election." Sec. 11214. Oath of directors. The directors shall, within four days after their election or appointment, take and sub- scribe an oath or affirmation to faithfully and impartially dis- charge the duties of their office, which oath may be admin- istered by each other; and the district clerk shall enter the same, with the date thereof, upon the records of the district, and the oath administered shall be as follows: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of Missouri, and that I will faith- fully and impartially discharge the duties of school director in and for district No. , county of , state of Missouri, to the best of my ability, according to law, so help me God. Sworn to and subscribed before me this day of (R. S. 1919, .11214.) It is not sufficient in administering the oath of office to a newly elected director that it be done orally. The oath should be written or printed in the form given in this section, and signed by the person or persons to whom the same is being administered. It should also bear the signature of the person administering the same, under the proper date thereof. While this section provides that the oath may be administered by the members of the board, this does not preclude the idea that it may also be taken before any officer authorized to administer an oath. Sec. 11215. Organization of board. The directors shall meet within four days after the annual meeting, at some place 70 Revised School Laws. within the district, and organize by electing one of their number president; and the board shall, on or before the fifteenth day of July, select a clerk, who shall enter upon his duties on the fifteenth day of July, but no compensation shall be allowed such clerk until all reports required by law and by the board have been duly made and filed. A majority of the board shall constitute a quorum for the transaction of business: Provided, each member shall have due notice of the time, place and pur- pose of such meeting; and in case of the absence of the clerk, one of the directors may act temporarily in his place. The clerk shall keep a correct record of the proceedings of all the meetings of the board. No member of the board shall receive any compensation for performing the duties of a director. (R. S. 1919, 11215.) General construction. In the absence of evidence to the contrary, it will be presumed that proper notice was given of a special meeting of directors. Waters v. District, 59 A. 580. If two directors meet, and without keeping a record of their proceedings and without notice to the third member, issue warrants, such war- rants will be illegal, but if paid, no action can be maintained against the directors who issued same, provided they were issued for a valid indebtedness of district. School District v. Smalley, 58 A. 658. In order to issue a valid warrant the directors must mefcw as a board, order the varrant issued, and keep, or cause their clerk to keep, a record of their proceedings. State v. Lawrence, 178 Mo. 350; Kane v. District, 48 A. 408. When all directors are assembled, upon notice or by accident, they can hold u legal meeting and transact any business which the law authorizes them to attend to. Decker v. District, 101 A. 115, 74 S. W. 390; Hibbard v. Smith, 135 A. 721. A meetings of directors held outside of district is void. State v. Kessler, 136 A. 236, 117 S. W. 85. President of board is empowered to call special meetings, and the only requisite is that each member has notice of time and place. 59 A. 580. By organization is meant election of officers. The directors should meet within four days after the annual meeting that is, before the close of the week in which the election is held, and organize by the election of a president. The clerk need not be elected until later, as he does not enter upon the duties of his office until July 15th. The president must be a member of the board. The clerk may or may not be a member of the board. The board should, after organization, fix the date of holding regular meetings of the board that is, on the last Saturday of each month, or some other date that may seem most convenient. After the date of holding regular meetings has been fixed, it is the duty of each member of the board to attend such meetings without notice. Special meetings of the board may be called as provided in section 11137. Special attention is called to one provision of this section the one providing that no compensation shall be allowed the district clerk until all reports required by law and by the board have been duly made and filed. At the meeting of the board at which the clerk is elected his compensation should be fixed by an order of the board. In many of the country districts the board of directors meet for organization on the same day and immediately after adjournment of the annual meeting. "When all members of a school board meet at some place in the district, whether in obedience to notice or by accident, they may, if they choose, hold a board meeting and proceed to transact any ordinary business pertaining to the district, and a failure on their part to make and preserve minutes of their proceedings will not affect the rights of a party with whom they have made valid settlement at such meeting." 101 A. 115, 135 A. 721. Sec. 11216. Vacancy in board of directors, how filled. If a vacancy occur in the office of director, by death, resignation, Revised School Laws. 71 refusal to serve, repeated neglect of duty or removal from the district, the remaining directors shall, before transacting any offical business, appoint some suitable person to fill such vacancy; but should they be unable to agree, or should there be more than one vacancy at one time, the county superintendent of public schools shall, upon notice of such vacancy or vacancies being filed with him in writing, immediately fill the same by appointment, and notify said person or persons in writing of such appointment; and the person or persons appointed under the provisions of this section shall comply with the requirements of section 11214, and shall serve until the next annual school meeting. (R. S. 1919, 11216.) Failure of board to fill vacancy, as required by this section, does not invalidate its acts performed while such vacancy exists. Bauer v. District, 78 A. 442. This section applies to districts organized under the provisions of the city and town schools act, as well as to country districts. When a vacancy occurs from any of the causes prescribed in this section, it must be filled before transacting any official business. Any member may be cited to appear before the board of directors and show cause why his office should not be declared vacant on account of re- peated neglect of duty. If it shall be held by a majority of the board that such member is guilty of repeated neglect of duty, or if such member fails to appear in obedience to notice, his office may be by them declared vacant, and some person qualified therefor may then be appointed by them to fill such vacancy until the next annual meeting. FORM FOR APPOINTMENT OF DIRECTORS BY SCHOOL DIRECTORS. We. the undersigned, directors of district No. , of county, Missouri, do hereby appoint to fill the vacancy in the office of director of said district, caused by the (death, resignation, removal or refusal to act, naming the cause) of . Directors. Sec. 11217. Removal of district clerk. The board shall have power to remove the district clerk from his office for derelic- tion of duty and appoint another in his place, to whom the former incumbent shall immediately -deliver his books and papers pertaining to the office. (R. S. 1919, 11217.) The district clerk is a creature of the board, and can therefore be removed "for dereliction of duty." The president of the board is also a creature of the board, and can be removed and another appointed. Of course, he will still hold his posi- tion as a member of the board. "It is essential, in every case, that charges be made, and trial had, and that the accused be notified and have a full opportunity for defense." 44 Mo. 570. Sec. 11218. Joint high schools may be established. When- ever any school district in Missouri, as party of the first part, has or will furnish a room or rooms, suitable for the purposes of a high school, and will agree to seat, equip, heat and keep in order said room or rooms for high school purposes, at its own expense, said district, together with any other three or more school districts in Missouri, as parties of the second part, may unite as a public central high school district, for the pur- poses of organizing and maintaining a high school for the better 72 Revised School Laws. instruction of the children of such school districts in high school studies; and the question of such union may be submitted to the annual meetings of such districts severally, by legal notice, as other questions are submitted to such meetings; and the clerk of each district voting upon the question of such union shall record the result of the vote in the records of the meeting, and, on the reorganization of the board of directors in each of the said school districts, issue to the president thereof a certificate of the vote on the said question of union; and at 2 p. m. on the Tuesday following the annual meeting the directors of the several districts which have voted on the question of said union shall meet at the schoolhouse of the district herein designated as party of the first part, and if the district so designated as party of the first part, and any three or more of the districts herein designated as parties of the second part, shall have decided severally, by majority vote, to form such central high school district, then the same shall be considered formed; and the directors of the several school districts forming such central high school district shall, on said first Tuesday after the annual election, organize for the purposes of such high school district by electing from their number a president and secretary, and agree, by a majority vote, upon the part, not to exceed twenty per cent, of the teachers' fund of the several districts, to be set apart by the directors of such several school districts for the salary of the teacher or teachers of said central high school, and decide upon the time, place and manner of electing the teacher or teachers of said central high school, who shall hold a first grade county certificate or certificates, or a state certificate or certificates, and who shall enter into a contract with said central high school directors in the manner in which teachers contract with other school districts; and said directors of said school district shall annually thereafter, on the first Tuesday after the annual meeting, meet as hereinbefore provided for their first organization, .and reorganize by the election of a president and secretary, and transact such further business as may be necessary to continue said central high school from year to year: Provided, the sum set aside by the several boards of directors of the several school districts of said central high school district for the salary of said high school teacher or teachers shall not, in any one of said school districts, exceed twenty per cent, of the teachers' fund in said school district; and the county treasurer, or the township trustees handling the funds of said school districts forming said central high school district, shall, upon notice from the secretary of said central high school dis- trict, set aside for the salary of said central high school teacher or teachers the part of the teachers' fund of the said several school districts agreed upon and set apart by the directors of the said several school districts, as herein provided for; and said county treasurer or township trustees shall pay said high school teacher or teachers from said fund set aside, upon the warrant of the Revised School Laws. 73 president and secretary of said central high school district; and the authority of the central high school board of directors herein created over the central high school, as to rules and regula- tions, shall be the same as that of the board of directors of other school districts over the schools of their school districts: Provided, that the length of term of said central high school shall not exceed the average length of term in the school districts of which said central high school district is composed: Provided, that no pupil shall be permitted to enter the classes of said central high school who has not completed the study of descrip- tive geography, practical arithmetic, mental arithmetic, language lessons and elementary grammar, United States history and elementary physiology; and the teacher or teachers of said central high school may examine all pupils desiring to enter said central high school, to test their knowledge of the afore- said subjects. (R. S. 1919, 11218.) This has been in the statutes for more than twenty years, and but two high schools have been organized under its provisions, and one of these was disorganized in April, 1913, because the plan was not successful. Sec. 11219. Duties of district clerk. The district clerk shall keep a record of the proceedings of all annual and special meetings of the qualified voters of the district; also, the pro- ceedings of the board of directors. He shall make copies of the election notices, contracts with teachers, certificates and all other papers relating to the business of the district, and securely keep the same. He shall transmit to the county superintendent, on or before the fifteenth day of July in each year, a report embracing the following items: First, the number of children, male and female, white and colored, attending the public schools during the year; second, total number of days attendance by all such children; third, the number of days the public schools of the district have been maintained during the school year; fourth, the number of teachers employed, male and female, and the wages per month of each; fifth, the number of school rooms occupied in the district, and the number of children that may be seated in the same; sixth, estimated value of school property owned and managed by the district; seventh, assessed valuation of the district; eighth, rate of school tax on the assessed valuation of the district; ninth, cash on hand at the beginning of the year; tenth, tuition fees received and credited to the teachers' fund of the district; eleventh, public funds received by county treasurer; twelfth, district tax received by county (or town- ship) treasurer; thirteenth, amount paid on teachers' wages; fourteenth, amount paid for incidental expenses; fifteenth, amount expended for purchasing site, erecting schoolhouses, rent and repairs; sixteenth, amount expended in canceling bonded indebtedness and paying interest on same; seventeenth, amount expended for library; eighteenth, cash on hand at the end of the year. (R. S. 1919, 11219.) 74 Revised School Laws. Notice of election, when signed by clerk, is sufficiently authenticated. Mason v. Kennedy, 89 Mo. 23, 14 S. W. 514. 30 A. 641, 48 A. 408, 58 A. 658. District clerk should enter upon records of district an exact copy of record of annual meeting as kept by secretary, but, should he fail to do so, his record is admissible in evidence. 54 A. 31. The financial statement to the annual meeting should be carefully recorded. Sec. 11220. District clerk to procure record books. It shall be his duty to procure the necessary record books for the proper transaction of the duties of his office; also, to procure and furnish to each teacher a school register, properly ruled, headed and classified, to exhibit the following: The names, ages and studies pursued by all pupils attending the school, the date of their entrance, daily attendance and absence, and the date of the visitation of the school by the directors or patrons, and such other facts as the state superintendent may require the above to be paid for out of the moneys used to defray the in- cidental expenses of the district. (R. S. 1919, 11220.) In the district clerk's record book are recorded the proceedings of annual and special meetings of the board of directors,, copies of election notices, contracts with teachers, etc., in accordance with section 11219. District clerk must procure a register for the teacher. This is not optional, and the teacher should take special pains to use this register to the best advantage. Section 11164. Section 11179 makes it the duty of the district clerk to report to the county clerk between June 15th and June 30th of each year several items which will render it necessary for the clerk to be thoroughly familiar with the records of the school. The clerk should read section 11179 very carefully, as the public funds will, in the future, be apportioned in accordance with these reports to the county clerks. Sec. 11221. District clerk to post notices. It shall be the duty of the district clerk to post all notices required by law, when duly ordered by the board, for any annual or special school meeting; also, those required by law to be posted by the district clerk without such order of the board; and all such notices shall be given as provided in section 11209. (R. S. 1919, 11221.) A notice, issued, signed and posted by clerk, is sufficient. Mason v. Ken- nedy, 89 Mo. 23, 14 S. W. 514. Change of boundary of district, duty of clerk as to notices. 89 Mo. 23. Sufficiency of notice. 54 A. 31. Special meetings are those provided for by sections 11127, 11151, 11152 and 11154. It is supposed^ that all qualified voters should take notice of the annual meeting without notices being posted, but it has become cutomary to post notices for annual meetings as well as for special meetings, as it often happens that special propositions requiring notice are voted on at the annual meeting. Propositions requiring notices for the annual meeting should be considered as if submitted at a special meeting. In other words, the annual meeting becomes a special meeting when it considers anything not specifically designated as belonging thereto. The district clerk may be proceeded against under section 11158 for failure to perform his duty. Sec. 11222. Payment of district indebtedness. Upon the order of the board of directors, it shall be the duty of the dis- trict clerk to draw warrants on the county treasurer in favor of any party to whom the district has become legally indebted, Revised School Laws. 75 either for services as teacher, for material purchased for the use of the school, or material or labor in the erection of a school- house for said district the said warrant to be paid out of any moneys in the appropriate funds in the hands of the said treas- urer and belonging to the district. The species of indebtedness must be clearly stated and should be drawn on its appropriate fund; all moneys for teachers' wages on the teachers' fund; all moneys used in the purchase of a site, erection of building thereon, and furnishing the same, on building fund; and all other expenses to be paid out of the incidental fund: Provided, however, that no order for the payment of teachers' wages shall be drawn in favor of any person not holding a certificate of qualification, signed by the county superintendent, state superin- tendent or a certificate or diploma conferred by a normal school of this state, or in favor of any teacher delinquent in his monthly or term reports; and further provided, that before drawing any such warrant, the president of the board shall first visit the office of the county or township treasurer, and record his signa- ture in a book to be kept in the office of said treasurer for that purpose, and for making such trip such president of the board shall be allowed one dollar per day and his necessary traveling expenses, payable out of the incidental funds of his district. (R. S. 1919, 11222.) Section construed. Directors are not personally liable for a school warrant drawn when there is not money in the treasury to pay same, provided they have not issued warrants in excess of the taxes levied and other income of district for the year. Jacquemin v. Andrews, 40 A. 507. Mandamus will not lie to compel the board of directors to issue warrants to pay a judgment if such judgment fails to recite the nature of the contract or indebtedness upon which it is based. State ex rel. v. Board, 97 A. 613, 71 S. W. 701. Teacher may recover wages, if school be closed without his consent, because not enough of outstanding taxes have been collected to pay him. Rudy v. District, 30 A. 113. Changing a school warrant constitutes forgery. State v. Tyree, 201 Mo. 574, 100 S. W. 645. The words "contingent" and "incidental" are used interchangeably to denote the same fund. Where an average rate for school building tax is computed upon a basis which blends rate of taxes for school buildings, sinking and interest fund, the irregularity is no ground to enjoin collection of tax. 126 Mo. 472. Those funds are all part of building fund. Id. Until teacher flies his report, directors have no right to order payment of his wages. 24 A. 213. But teacher does not forfeit any rights under his contract by failure to make such reports, if prevented from so doing by action of directors. 30 A. 113; 31 Mo. 319. This section provides for the drawing of warrants upon the "order of the board of directors," by the district clerk, "on the county treasurer, in favor of any party to whom the district has become legally indebted." These warrants must be upon the proper fund. Three funds are specified teachers' fund; building fund and contingent, or incidental, fund. The species of indebtedness must be clearly stated. No teacher delinquent in his monthly or term reports, or not holding a legal certificate, can receive a warrant. The president of the board is required to record his signature with the county or township treasurer. By section 11240 in express terms, and by section 11215 by inference, no warrant can be ordered except by a majority of the board, that is, unless a majority of the whole board vote therefor. In signing warrants, the president and clerk of the board act ministerially. It is their duty to sign warrants when ordered by the board, re- 76 Revised School Laws. gardless of their preferences in the matter. Boards of directors, in purchasing furniture or apparatus from agents, should be very careful not to be induced to sign any contracts or warrants presented by these agents. If a purchase is made from agents, the warrant should be drawn upon the legal blanks belonging to the board and upon the incidental fu'nd. Boards of directors have no authority to order a warrant or enter into a con- tract exceeding the revenue provided for the current school year. Such warrant or contract does not constitute a legal claim against the district. Sec. 11223. Form of warrant to be paid from proper fund. The warrants thus drawn shall be in the following form, and shall be signed by the president of the board and counter- signed by the district clerk: TEACHERS' FUND. $ No. Treasurer of county, Missouri: Pay to , or order, for services as teacher in district No. , dollars, out of any funds in your hands for the payment of teachers' wages belonging to said district. Done by order of the board, this day of , 19 . , President. , Clerk. INCIDENTAL, FUND. Treasurer of county, Missouri: Pay to , or order, the sum of dollars, for furnished district No. , out of any funds in your hands for the payment of incidental expenses belonging to said district. Done by, order of the board, this day of , 19 . , President. , Clerk. BUILDING FUND. $ No. Treasurer of county, Missouri: Pay to , or order, the sum of dollars, for furnished in the erection of a schoolhouse in district No. , out of any money in your hands belonging to the building fund of said district, and not otherwise appropriated. Done by order of the board, this day of , 19 . . President. . Clerk. The treasurer shall open an account for each fund specified in this section, and all moneys received from the state, county and township funds, and all moneys derived from the taxation for teachers' wages, and all tuition fees, shall be placed to the credit of the "teachers' fund;" the money derived from taxation for incidental expenses shall be credited to the "incidental fund;" all money derived from taxation for building purposes, from the sale of school site, schoolhouse or school furniture, from insurance, from sale of bonds, from sinking fund and interest, shall be placed to, the credit of the "building fund;" and all moneys not herein specified that now belong to any school district, or that may hereafter be received by such school district, shall be placed to the credit of the "teachers' fund" of such school district. No treasurer shall honor any warrant unless it be in the proper form and upon the appropriate fund; and each and every warrant shall be paid from its appropriate fund, and no partial payment shall be made upon any school warrant, nor Revised School Laws. 77 shall any interest be paid upon any such warrant: Provided, that the board of directors shall have the power to transfer from the incidental to the building fund such sum as may be necessary for the ordinary repairs of school property: Provided further, that in the event of a balance remaining in the build- ing fund after the purpose for which said fund was levied is accomplished, the said board shall have the power to transfer such unexpended balance to the incidental fund. Provided further, that by a majority vote of the school board tuition fees may be used to liquidate indebtedness accrued in the building fund. (R. S. 1919, 11223.) Construction. When the law requires an officer to perform a ministerial duty, he is liable for damages if he refuse to perform such duty. When holder of school warrant demanded damages from treasurer for failure to pay his warrant, but accepted the face value of the warrant, he waived his claim to such damages. St. Joseph, etc. Bd. v. Hull, 72 A. 403. School warrant will not draw interest, but treasurer refusing to pay warrant, when legally drawn and payment of same demanded, will be liable on his official bond for damages sustained, which would be interest on amount detained. 72 A. 403. This section defines the three funds and gives the source from which each is derived. No provision is made in the law for any transfer of money into the teach- ers' fund or out of the teachers' fund. The two provisos of above section make clear the circumstances under which sums may be transferred from the incidental to the building fund and vice versa. Sec. 11224. County court may invest sinking fund, when and how. Whenever there are outstanding any legal county revenue warrants of any county bearing six per cent, interest, which will be redeemed by the taxes of the current year, and there are school moneys in the hands of the county treasurer belonging to the various districts, which will not be required for the support of the .public schools before the date when such revenue warrants will be paid, the county courts are authorized to direct the county treasurer to invest such surplus school moneys in the revenue warrants, and hold them for the use and benefit of the school districts until the money for the redemption of such warrants is received into the county revenue fund, when such money shall be applied to their payment. (R. S. 1919, 11224.) Sec. 11225. County treasurer to report. The county treas- urer shall, at the first term of county court after the redemption of the warrants by the county revenue fund, submit to the court a detailed statement showing the amount and time the school moneys were invested, the amount belonging to each district so used, and the amount of interest realized for each district; and the court shall direct such interest to be placed to the credit of the respective districts and the treasurer be charged there- with. (R. S. 1919, 11225.) Sec. 11226. Records of district clerk. The district clerk shall record a copy of all reports made by him to the count} 78 Revised School Laws. superintendent. He shall also record in the record book of the district a correct plat of the district, changing the same as often as alteration is made in the boundary lines by the proper authority, and shall furnish the county clerk and county super- intendent with copies of the same, and shall officially notify them of any change whenever made. (R. S. 1919, 11226.) When change takes effect. A change of boundaries takes effect from the date when made, regardless of whether a copy of plat showing such change is furnished to county clerk as required by this section. Henry v. Duile, 74 Mo. 443. Sec. 11227. Teachers' monthly and term reports. It shall be the duty of every teacher to make out and file with the district clerk, at the expiration of each month, a report of the number of pupils in attendance during the month, distin- guishing between male and female, the average attendance, and such other statistics as the board of directors, by order, may require, and no warrants shall be ordered by the board or drawn by the clerk for such month's salary until such monthly report has been made and filed with the district clerk; and at the close of the term, a report, embracing a summary of the above, together with the length of term taught, wages paid, teachers employed, and such other information as the board, by its official acts, may require; a duplicate of same shall be filed with the county superintendent, and no warrant shall be issued by said clerk in favor of such teacher for the last month's salary of such term until he shall have filed with said clerk and county superintendent such term report. (R. S. 1919, 11227.) Teacher's compensation. A teacher cannot recover his salary by suit -if he has failed to furnish the reports required by this section. Hall v. District, 24 A. 213. Teacher cannot be deprived of nis salary for failure to enforce a rule prescribed by directors unless he be notified of such rule. Perkins v. District, 61 A. 512. Teacher muse make out and file with clerk of district monthly report to entitle him to wages. 24 A. 213. In a graded school employing a number of teachers the assistants should make their reports to the principal or superintendent, and he should condense these reports and make one report to the board. "No warrant shall be issued by said clerk in favor of such teacher for the last 'month's salary of such term unless he shall have filed with said clerk such term report." This should be strictly adhered to. See, alsp, section 11225. "Where a teacher in a school district failed to make out and file with the clerk of the school district the monthly report required by the statute, the board of directors of the school district has no power to order the payment of such teacher's wages under the statute, and he could not lawfully recover judgment against the school district on account of a claim which the statute prohibited it from paying." 24 A.. 214. Notice, also, the following from 30 A. 113: "A teacher does not forfeit any right under his contract, or under the law, by failing to make monthly reports when, by action of the directors, the school has been closed and there is, therefore, nothing to report." The term report blank calls for individual pupils' reports. A school board lays its members per- sonally responsible if it pays the teacher the last month's salary before this term report is made according to the prescribed blank. Sec. 11228. Loan of surplus district school money. When- ever it shall be found that .any school dictrict has any surplus funds in the county treasury, the directors of such school dis- trict may make application, in writing, to the county court, Revised School Laws. 79 setting forth that school funds are accumulating beyond the wants or necessities of such district. Upon such application, it shall be the duty of the county court to cause such funds to be loaned for the use and benefit of such school district. (R. S. 1919, 11228.) Sec. 11229. How loaned. Such school funds shall be loaned at the same rate of interest and in the same manner as township school funds are loaned: Provided, that no school tax shall be levied in -such district other than for incidental expenses during the time for which such surplus fund is sought to be loaned; and provided further, that a free public school shall be maintained in such school district for at least eight months in each year. (R. S. 1919, 11229.) The sureties on the general bond of a county treasurer are not liable for his failure to account for, and pay over to his successor in office, county and township school funds. For the special duties imposed upon him by the school law he is answerable on a separate bond. 55 Mo. 80. A treasurer of a school township is liable on his official bond for school funds deposited in bank, and lost through the failure and insolvency of the bank, although he was not guilty of any want of care or prudence in failing to ascertain its financial condition. 67 Mo. 395. Where the county treasurer receives a check from the state treasurer in payment of the apportionment of the amount due the county from the public school moneys, and fails to use diligence in collecting the check, the loss, if any occur thereby, falls on the county treasurer. 67 Mo. 139; 56 Mo. 65. An action on the bond of a defaulting county treasurer to recover school moneys is properly brought by the county in the name of the state to the use of the county. The statute does not require it to be brought to the use of the county clerk. 68 Mo. 454. Sec. 11230. Schools having special charters may be gov- erned by general school law, how. All school districts in this state now having a special charter may surrender such special charter and become a school district under and be governed by general schools laws of this state, and more particularly chapter 102, Revised Statutes of Missouri, 1919, and amendments there- to, in the manner hereinafter provided. (R. S. 1919, 11230.) Sec. 11231. Special election to determine whether special charter shall be surrendered. A majority of the school directors may, and upon the petition of ten (10) assessed taxpaying citi- zens they (the school directors) shall, within ten days after same is filed with the clerk of said school board, call a special election as hereafter provided, to determine whether the special charter shall be surrendered. (R. S. 1919, 11231.) Sec. 11232. Notice of election. The school, board shall publish a notice of said election in some newspaper published in said district in the following manner: If a daily paper for seven successive days, and if a weekly newspaper in two issues thereof, and the election shall be held not less than five nor more than ten days after the last insertion of said notice in said paper. (R. S. 1919, 11232.) Sec. 11233. Elections, how conducted. Said election shall be held, judges and clerks be appointed, and in every other respect 80 Revised School Laws. conducted, as school elections are now held in said special school district. (R. S. 1919, 11233.) Sec. 11234. Ballot. The school board shall furnish the ballots for use at said election, which shall be in the following form: SPECIAL ELECTION. School district. Shall the special charter be surrendered. YES. NO. (R. S. 1919, 11234.) Sec. 11235. Result of election. If a majority of those voting at said election shall vote in favor of surrendering the special charter, such school district shall thereafter become a school district under and be governed by the general school laws of this state, and more particularly chapter 102 Revised Statutes of Missouri, 1919, and amendments thereto. (R. S. 1919, 11235.) ARTICLE IV. 4 LAWS APPLICABLE TO CITY, TOWN AND CONSOLIDATED SCHOOLS. Sec. 11236. Organization of town or -city school districts corporate powers. 11237. Town or city districts how organized. 1 1238. Board of education, tenure of members of vancancies in, how filled. 11239. Election of directors in city, town and consolidated schools. 11240. Organization of board duties of of- ficers. 11241. Primary and high schools to be estab- lished and sites located. 11242. Town, city or consolidated school dis- trict how disorganized. 11243. Duties, restrictions and liabilities of boards. 11244. Corporate seal school term. 11245. Bond of treasurer. 11246. Liability of treasurer for sinking fund and interest compensation. 11247. District moneys to be paid to treas- urer. 11248. Settlement of treasurer. 11249. Duties of county clerk how paid. 11250. Duties of collectors. 11251. Regulations governing elections at annual meetings. 11252. Annexation to town and city districts. 11253. Change of boundary lines and division of property. Sec. 11254. Annexation to school districts when corporate limits are extended. 11255. Consolidated districts how formed. 11256. High school for colored children es- tablishment of how, when and where. 11257. Consolidated districts for elementary and high school may be formed. 11258. Consolidated district area and enu- meration of. 11259. Petition to form consolidated districts filed with whom duties of county superintendent meeting organiza- tion of. 11260. Transportation may be voted on. 11261. Parts of districts remaining after con- solidation procedure. 11262. Settlement of property original dis- tricts to continue how long. 11263. State aid when granted how. 11264. Special state aid granted, when how. 11265. Length of school required teachers' salaries provisions necessary for state aid for primary schools. 11266. Employment of members of board publication of financial report. 11267. Board may accept gifts for libraries. 11268. Depositories of school moneys. Sec. 11236. Organization of town or city school districts corporate powers. Any common school district containing within its boundaries a city, town or village, the plat of which has been filed in the recorder's office of the county in which Revised School Laws. 81 the same is situated, or any district having two hundred or more children of school age by the last enumeration, may be 'organized into a . town or city school district, and, when so organized, shall be a body corporate, and known as the school district of - , and in that name may sue and be sued and possess the same corporate powers and be governed the same as other school districts except as herein provided; and every extension that has heretofore been made, or that hereafter may be made, of the limits of any city, town or village that is now or may be hereafter organized under the laws of this state, shall have the effect to extend the limits of such town or city school district to the same extent, and such extension of the limits of any city or town school district shall take effect on the first day of July next following the extension of the limits of such city, town or village: Provided, that any incorporated city, town or village, the plat of which has been previously filed in the recorder's office of the county in which the same is situated, and which is divided by a school district boundary line, so that said incorporated city, town or village lies partly in one school district and partly in another, shall have the right to organize as a separate town or city school district in the manner provided in this section for the organization of common school districts as town or city school districts. The meeting for such organization shall be called by posting notices, setting forth the time, place and purpose of said meeting in at least five public places in said city, town or village, at least fifteen days prior to the date of said meeting. Said notices shall be signed by at least ten freeholders, residents of the city, town or village to be organized as a school district. Such town or city school district shall, at the time of organization, include only the terri- tory in the corporate limits of the city, town or village organiz- ing as a school district and such territory outside the corporate limits as may, by the creation of the new district, be cut off from the district or districts to which it originally belonged. (R. S. 1919, 11236.) Section construed. Unorganized territory cannot be organized into a town or city school district without first being formed into a common school district. School District v. Wallace, 75 A. 317. The provisions of this section do not apply to cities of 50,000 to 300,000 inhabitants which are already organized as school districts. School District v. District, 184 Mo. 140, 82 S. W. 1082. The president of the school board is the proper person to serve with process in suits against school districts. Carr v. District, 42 A. 154. Note. Under this section, as amended in 1909, any incorporated city, town or \illage, the plat of which has been filed in the recorder's office, and which lies partly in two or more school districts, may organize as a separate school district. Section held constitutional. State ex rel. Buck v. Frisco R. R., 263 Mo. 689, 174 S. W. 64. Under this section rural school districts may be united into one district, as provided in section 11201, and when the new district has two hundred or more children of school age, it can organize under this article. This is another way of providing for rural high schools. This section is constitutional. 45 Mo. 458. Thje whole subdistrict need not be included. 50 Mo. 268. Territory outside of corporate limits may be taken in and 82 Revised School Laws. attached for school purposes. 53 Mo. 127; 60 Mo. 540; 64 Mo. 53; 65 Mo. 587; 93 Mo. 655; 99 Mo. 332. School district has power to change and extend its limits, although town is not incorporated. 56 Mo. 231; 68 A. 397. Each organized, school district is a body corporate and its territorial form can be changed only in manner pointed out by statute. 120 Mo. 67. Special school district has power to condemn land for schoolhouse site. 125 Mo. 439. Suit against school district process, on whom served. 42 A. 154. Sec. 11237. Town or city school districts, how organized. Whenever it may be desired to organize a common school dis- trict or consolidated school district into a town or city school district, with special privileges granted under this article, the board of directors shall, upon the reception of a petition to that effect, and signed by ten qualified voters who are resident tax- payers of the district, submit the proposition at an annual or special meeting, giving notice of such meeting as provided by section 11209. The order of business at such meeting shall be as follows: First To organize as a town or city school district, those voting for the organization shall have written or printed on their ballots "For organization," and those voting against the organization shall have written or printed on their ballots "Against organization;" and each person desiring to vote shall advance to the front of the chairman and deposit his ballot in a box to be used for that purpose. When all present shall have voted, the chairman shall appoint two tellers, who shall call each ballot aloud and the secretary shall keep a tally and report to the chairman, who shall announce the result; and if a majority of the votes cast are "For organization," the chairman shall call the next order of business. Second To elect six directors, as follows: Two shall be elected for three years, two for two years and two for one year, and each director shall be elected separately and the result announced in the manner prescribed for organization. If said election is held at a special meeting, from then until the next annual meeting shall be taken as one year, so far as relates to the terms of the directors elected. The directors chosen must comply with the requirements of section 11240 of this article. The chairman and secretary of such meeting shall keep a record of the proceedings thereof and turn the same over to the board of education of such district, to be entered upon its records by the clerk of such district. (R. S. 1919, 11237.) Section construed. When a proper petition is presented to directors, as pro- vided in this section, and they have ordered an election and caused the notices thereof to be posted, they cannot prevent such election by taking down the notices and causing other notices to be posted announcing the withdrawal of such election. Under this section, any common school district or consolidated district may or- ganize as a town or city district, whether or not it contain a village, town or city with a plat filed in the recorder's office. State ex rel. v. Gill. 190 Mo. 79, 88 S. W. 628. See cases cited under Sec. 11236. Construing 11236 and 11237, the supreme court said: "Thus we have two separate and distinct organizations provided for the result the same in each a single school district governed by the provisions of article IV. T* drop any school in its classification if, on reinspection or re-examination, he finds that such school does not maintain the required standard of excellence. (R. S. 1919, 11338.) Sec. 11339. Blanks for reports. The blanks for the re- ports required to be made by the various school officers under 128 Revised School Law$. the provisions of this chapter shall be printed under the direction of the commissioners of public printing, in the form prescribed by the state superintendent of public schools, to be paid for in like manner and upon the same terms as other public printing. (R. S. 1919, 11339.) Sec. 11340. Restrictions and penalties. The state super- intendent shall not act as agent for any author, publisher or bookseller, or manufacturer or vendor of school furniture or apparatus, nor directly or indirectly receive any gift, emolument, reward, or promise of reward, for his influence in recommending or procuring the use of any text-book, school apparatus or furniture of any kind whatever in any public school. Any superintendent who shall violate the provisions of this section, shall be guilty of a felony, and shall, upon conviction thereof, be punished by imprisonment in the penitentiary for a period of not less than two years; and the provisions of this section shall apply to county superintendents. (R. S. 1919, 11340.) Sec. 11341. Reports to state superintendent of schools. Reports to state superintendent of schools. The curators of the state university, the trustees of other state institutions for the purposes of education, and others having authority, and being required by law so to do, shall report to the state superin- tendent of public schools on or before the 31st day of August of each year, concerning conditions, improvements and necessities of said institutions, which reports shall be published as a part of the state superintendents' annual report. (R. S. 1919, 11341. Amended laws 1921, H. B. 520.) Sec. 11342. Disposition of reports. Fifty copies of such report shall be, reserved for the use of each public institution so reporting, and ten copies shall be bound in suitable mannfir and preserved in the state library. (R. S. 1919, 11342.) Art. XI will become obsolete if county unit bill becomes a law. ARTICLE XL Sec. 11343. 11344. 11345. 11346. 11347. 11348. 11349. 11350. COUNTY SUPERINTENDENTS. County superintendents qualifica- tions term of office. Election returns, how certified duty of county clerk. Superintendent to take oath, give bond keep office, where county court to furnish supplies. Superintendent's powers and duties. Public meetings course of study grade schools system of graduation and examination guard school mon- eys. County teachers' associations ex- penses, how paid. Make statistical report annually shall require report from teachers. County superintendent to furnish blanks to school officers. Sec. 11351. Superintendent shall not teach must study rural school problems and super- vision. 11352. Salaries of county superintendents. 11353. Salaries of county superintendents in certain counties. 11354. Method of ascertaining population to determine salary of county superin- tendents. 11355. Traveling expenses and clerical help of county superintendent. 11356. County school superintendent to call meetings, when to provide place of meeting for what purpose. 11357. Officers of school district shall attend meetings compensation. Revised School haws. 129 Sec. 11343. County superintendents qualifications term of office. There is hereby created the office of county superin- tendent of public schools in each and every county in the state. The qualified voters of the county shall elect said county school superintendent at the annual district school meetings held on the first Tuesday in April, 1911, and every four years there- after. Said superintendent shall be at least twenty-four years old, a citizen of the county, shall have taught or supervised- schools as his chief work during at least two of the four years next preceding his election or appointment, or shall have spent the two years next preceding his election or appointment as a regular student in a normal school, college or university, and shall at the time of his election hold a diploma from one of the state normal schools or teachers' college of the state university, or shall hold a state certificate, authorizing him to teach in the public schools of Missouri, or shall hold a first grade county certificate, authorizing him to teach in the county of which he is superintendent. The person elected county school commis- sioner or county school superintendent at the annual school meeting, held the first Tuesday in April, 1909, or his successor, shall, during the month of August, 1909, qualify under this article as county superintendent of public schools, and shall serve as such until the first Tuesday in April, 1911, and until his successor is elected and qualified; and the qualifications pre- scribed for the county school commissioner at the time of the annual school meeting, the first Tuesday in April, 1909, shall be the qualifications for the county superintendent of public schools until the first Tuesday in April, 1911. Said county super- intendent of public schools shall hold his office for four years and until his successor is elected and qualified; and all vacancies, caused by death, resignation, refusal to serve or removal from the county, shall be filled by the governor by appointment for the unexpired term; the county superintendent shall turn over all books, papers, certificates, stub books and records in his possession to his successor. Wherever the term, "county com- missioner," or. "countv board of education," is used in the statutes, it shall be construed to mean county superintendent of public schools. (R. S. 1919, 11343.) Under former law it was held that a party who at time of his election did not hold a certificate to teach should be ousted from the office, notwithstanding he obtained such a certificate before he attempted to perform the duties of the office. State ex rel. v. Meek, 129 Mo. 431, 31 S. W. 913. Sec. 11344. Election returns, how certified duty of county clerk. At least ten days before the annual school meeting in any year when a county superintendent of public schools is to be elected, the clerk of the county court shall mail by registered letter to the president or clerk of the board of school directors of the various districts of the county a tally sheet of sufficient size to contain the names of all the qualified voters of such dis- 130 Revised School Laws. tricts, which tally sheets shall, so far as practical, conform to the form of poll books set out in section 4767 of article 2 of chapter 30 of the Revised Statutes of Missouri, 1919, relating to general elections, and in making the returns of such election, the tally sheets shall be certified by the chairman and secretary of such annual school meeting and attested by the members of the board of directors of the district, who may be present. The voting for county superintendent shall be by ballot and all ballots cast shall be counted for the persons for whom cast, and it is hereby made the duty of the members of the board of directors and the chairman and secretary of the annual school meeting to see that each ballot so cast is counted for the person receiving the same, and it is hereby made the duty of the chair- man of the annual school meeting, within two days after such meeting, to transmit the tally sheets and all ballots, in person or by registered letter, to the clerk of the county court; such ballots to be in a sealed package, separate and apart from such tally sheets, such package being properly designated. It shall be the duty of the county clerk, within five days after the annual school meeting, to call to his assistance two justices of the peace or two qualified voters of the county, and cast up the vote and issue a commission to the person receiving the highest number of votes, for which commission he shall receive a fee of one dollar to be paid by the person commissioned. A tie vote shall cause a vacancy in the office of county superintendent, which shall be filled by appointment by the governor, and the person so appointed shall hold "such office till the next annual school meeting and until his successor is elected and qualified. In case a school district is divided by a county liffe, the county clerk shall transmit to the president or clerk of the board of directors of such districts two sets of tally sheets, and the voters residing on each side of the line shall vote separately and re- turns shall be made to each county as herein provided. For transmitting the returns of such election, the chairman of the annual meeting shall receive the sum of one dollar to be paid out of the incidental fund of the district. The provisions of this article shall, so far as practical, apply to village and city elec- tions so far as affects the election of county superintendent of public schools and so far as not conflicting with existing laws, which are sufficient to safeguard such elections. Any person, upon whom there is imposed an official duty by this article, and who shall violate any of the provisions herein, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment. (R. S. 1919, 11344.) Sec. 11345. Superintendent to take oath, give bond keep office, where county court to furnish supplies. Before entering upon the duties of his office, the county superintendent shall Revised School Laws. 131 take and subscribe an oath to discharge faithfully and impar- tially the duties of his office; he shall give bond in double the amount of his salary, conditioned upon the faithful performance of his official duties, and the proper application and care of all moneys, books, records, papers, furniture and other property in his possession or under his control, with two or more sureties, who are resident freeholders and accepted by the county court or by the county clerk in vacation. He shall keep his office at the county seat, or at some other place in the county where a court of record is held, and the county court, by order of record, shall designate where the superintendent shall keep his office, and for this purpose the county court shall supply him with a suitable room, properly furnished, wherein all records, books, papers, furniture and other property thereto belonging shall be securely kept; and at the expiration of his term of office he shall turn the same over to his successor in good condition; and said county court shall supply the superintendent with all necessary record books, stationery and postage stamps for properly conducting the business of his office, and shall allow all necessary printing of notices and circulars of information, the same to be paid for by warrant drawn upon the county treasurer. (R. S. 1919, 11345.) The county superintendent is primarily a "field man," but he should have fixed office days when directors, patrons and teachers may easily find and consult him. He should keep accurate account of all expenditures, so that the county court may act intelligently in passing upon them. The court cannot under the law refuse to allow "necessary" expenses. The county court should make an order of record stating where the super- intendent is to have his office, whether at the county seat of elsewhere. Sec. 11346. Superintendent's powers and duties. - - The county superintendent shall have general supervision over all the schools of his county, except in city, town and village school districts employing a superintendent who devotes at least one- half of his time to the direct work of supervision. He shall visit each school under his jurisdiction at least once each year, and as many other times as practicable; he shall examine the classification of pupils, the methods of instruction, the manner of discipline, the order maintained, the result secured, and make such suggestions to teachers and school boards as he may deem advisable; he shall inspect the ventilation, note the con- dition of the building, furniture, apparatus, grounds and appur- tenances thereto belonging, and report the same to the board in writing, with such suggestions as he may consider necessary to the health, comfort and progress of the pupils; he shall ex- amine the teacher's register and the district clerk's record and see that they are kept according to law; he shall furnish annually statements to the district clerks showing the assessed valuation of their respective districts; he. shall receive, and, if properly made, approve estimates and enumeration lists and turn same over to the county clerk; he shall assist the district clerks, when 132 Revised School Laws. necessary, in making their reports, and see that all warrants have been duly issued "by order of the board," either for services actually rendered or for material actually furnished. (R. S. 1919, 11346.) Historical note. That part of this section which requires the superintendent "to receive, and, if properly made, approve estimates and enumeration lists," seems to be repealed by Sees. 11140 and 11142, requiring the enumeration lists and estimates to be forwarde % d to county clerk, said last named sections having been passed and approved several weeks after this section was enacted. See Sees. 35 and 36, Laws 1909, p. 786, and Sec. 8594, Laws 1909, p. 824. It will, however, be a matter of prudence for superintendent to visit county clerk's office, examine and indorse his written approval on estimates and enumeration lists when he finds them properly made. Construction. When an estimate is incorrect, it may be withdrawn from county clerK's office before action is taken thereon and a correct estimate filed in lieu thereof, on which taxes may be assessed and extended. This gives superin- tendent an opportunity to see that proper estimates are filed. State ex rel. v. Phipps, 148 Mo. 31, 36, 37, 49 S. W. 865. Sec. 11347. Public meetings course of study grade schools system of graduation and examination guard school moneys. The county superintendent shall hold annually not fewer than six public meetings at different points in the county for the purpose of discussing educational questions, interpreting the school law, counseling with teachers and school officers, and promoting the cause of education among the people. One of these meetings shall be held at the county seat just prior to the opening of the fall term of school, and shall be of two days' duration. It shall be the duty of directors and teachers to attend meetings called by him when such attendance does not interfere with their school duties. He shall adopt a course of study and a plan for grading the schools of his county, and forward three copies to the state superintendent of public schools, one copy to each district clerk and one copy to each teacher employed in the county, and require the same to be followed as nearly as practicable. He shall inaugurate and maintain a system of final examinations and graduation of pupils who com- plete the state course of study for rural schools. He shall ex- amine the records of the county, so far as they relate to school funds and school moneys, see that the law is strictly observed, and shall be present at the August term of the county court, to give such information as may be of importance to said court in the transaction of all business pertaining to the school inter- ests of the county; and the instruction of the state superintendent shall be his guide in the interpretation and execution of the law. (R. S. 1919, 11347.) Sec. 11348. County teachers associations expenses, how paid. The county superintendent may organize county teachers association, which shall hold a three days' meeting on the last three days of some week in September, October, November or December of each year. He shall arrange a program of exercises and secure the services of some one specially prepared to lecture Revised School Laws. 133 on pedagogical subjects. It shall be the duty of the teachers to attend all such meetings; and when a certificate of attendance and faithful performance of duty signed by the county superin- tendent is filed with the district clerk, the first three days when school is taught thereon shall constitute the school week. The expenses of such association, including the expenses of a lecturer, shall be paid out of the thirty per cent, of the fees provided for in section 11359. (R. S. 1919, 11348.) Sec. 11349. Make statistical report annually shall require report from teachers. It shall be the duty of said superintendent, under the direction of the state superintendent, to condense and return to the office of the state superintendent of public schools, on or before the thirty-first day of August of Qach year, the educational statistics of the county; see that the directors and other school officers are supplied with copies of the school law and the necessary blanks for making the various reports re- quired, and perform such other duties as may be required by the state superintendent. He shall require of each teacher under his supervision a term report, giving name, classification and grades of each pupil: Provided, that in schools employing more than one teacher the term report for the entire school shall be prepared and filed by the principal in charge. No teacher shall receive the last month's salary until he presents a receipt for the term report, signed by the county superintendent. (R. S. 1919, 11349.) Sec. 11350. County superintendent to furnish blanks to school officers. All necessary blanks required by school officers shall be furnished by the state superintendent to the county superintendent, who shall immediately, upon the receipt of the same, supply the clerk of each district in their respective coun- ties with the same, the form of such blanks to be determined and indicated by the state superintendent as provided by law; and all necessary expenses incurred, by the superintendent for postage and stationery in supplying the districts of his county with blanks, laws, reports and circulars of infomation shall be paid for annually out of the county treasury, upon an order from the county court, based upon an itemized statement of the superintendent, accompanied by corresponding vouchers. (R. S. 1919, 11350.) Blanks provided for under this section are sent out by the state superintendent in January or Febuary of each year. County superintendents should not delay in sending them out so that they may be in the hands of the district clerks early in the year. Sec. 11351. Superintendent shall not teach must study rural school problems and supervision. During his term of office the county superintendent shall not engage in teaching or in any other employment that interferes with the duties of his office as prescribed by law. He shall spend annually, studying rural school problems and supervision of schools, five days in 134 Revised School Laws. conventions called by the state superintendent of public schools, or twenty days in the state university or in one of the state normal schools, or in some other manner approved by the state superintendent. He shall not receive his salary for the third quarter of the year until he presents a certificate, signed by the state superintendent, stating that he has spent the period pre- scribed by law in studying rural school problems and supervision of schools, and that his report as county superintendent of public schools has been properly made to the state superintendent of public schools. (R. S. 1919, 11351.) The county superintendent cannot teach in any sch&ol, public or private. He cannot conduce review schools. Such action is a plain violation of the law. He must devote his entire time to the duties of his office as here prescribed. An ouster suit in the nature of quo warrqnto will lie against the superintendent violating this act. Sec. 11352. Salaries of county superintendents. In counties having less than twelve thousand population, he shall receive one thousand and fifty dollars; in counties having twelve thousand population and less than fifteen thousand, he shall receive twelve hundred dollars; in counties having fifteen thou- sand population and less than eighteen thousand, he shall receive one thousand three hundred and fifty dollars; in counties hav- ing eighteen thousand population and less than twenty one thousand, he shall receive fifteen hundred dollars; in counties having twenty-one thousand population and less than twenty- four thousand, he shall receive sixteen hundred and fifty dollars; in counties having twenty-four thousand population and less than twenty-seven thousand, he shall receive eighteen hundred dollars; in counties having twenty-seven thousand population and less than thirty thousand, he shall receive nineteen hundred and fifty dollars; in counties having thirty thousand population and less than fifty thousand, he shall receive twenty-one hundred dollars; in counties having fifty thousand population or more, he shall receive twenty-two -hundred and fifty dollars, of which the state of Missouri shall appropriate annually out of the general revenue fund of the state of Missouri four hundred dollars to to each and every county. The county superintendent shall receive his salary monthly from the county revenue fund in the form of a warrant drawn upon the county treasurer. (R. S. 1919, 11352.) Sec. 11353. Salaries of county superintendents in certain counties. In counties now or hereafter having eighty thousand inhabitants or more, and which now or may hereafter adjoin a city now or hereafter having two hundred thousand inhabitants or more, the county superintendent of schools shall be allowed an annual salary of four thousand ($4,000.00) dollars, of which the state of Missouri shall appropriate annually out of the general revenue fund of the state of Missouri an amount equal to that appropriated for the same purposes for other counties Revised School Laws. 135 in the state of Missouri, to be paid out of the county treasury and the county court of such county shall on the first Monday in each calendar month order a warrant drawn on the county treasurer in favor of the county superintendent of schools for the proportionate amount of his annual salary then due and the same shall be paid by the county treasurer out of the county revenue fund. (R. S. 1919, 11353.) Sec. 11354. Method of ascertaining population to deter- mine salary of county superintendents. For the purpose of ascertaining the pupulation of any county in this state in order to determine the salary as provided in the preceding sections, the highest number of votes cast at the last presidential election in said county shall be multiplied by three and one-half, and the result will be considered and held for the purpose aforesaid as the true population of such county: Provided that the persons now holding the offices, the salaries of which are determined by this section, shall, to the end of the .terms for which they are chosen, draw the same salary that was paid to the persons hold- ing such offices at the time of the general election of November 2nd, 1920. (R. S. 1919, 11354, amended Laws, 1921, H. B. 590.) Sec. 11355. Traveling expenses and clerical help for county superintendent. That the county superintendent of public schools shall be allowed out of the county treasury not to exceed twenty-five per cent, of his annual salary for traveling expenses and necessary clerical assistance, provided such al- lowance shall not exceed three dollars ($3.00) annually for every teacher under his jurisdiction. The county court shall, upon presentation of his bill properly setting forth his actual expendi- tures for traveling expenses and clerical hire, draw a warrant upon the county treasury for the payment of same: Provided, when the county superintendent shall furnish his qwn convey- ance, the rate allowed for mileage shall be four cents per mile for each mile actually and necessarily traveled. (R. S. 1919, 11355.) Sec. 11356. County school superintendent to call meet- ings, when to provide place of meeting for what purpose. That it shall be the duty of the county superintendent of public schools to call together once each school year, at the county seat or some other suitable place in the county, the presidents of the school boards and the clerks of the school districts of the county, for the consideration and discussion of questions per- taining to school administration. (R. S. 1919, 11356.) Sec. 11357. Officers of school district shall attend meet- ingscompensation. It shall be the duty of every president of a school board and of every clerk of a school district in the several counties to attend the meeting of school officers called by the county superintendent of public schools for the purpose of con- 136 Revised School Laws. sidering and discussing questions pertaining to school adminis- tration; and each school officer attending such meeting shall receive compensation at the rate of one dollar and fifty cents per diem and mileage at the rate of five cents per mile for the number of miles necessary to be traveled in going from the schoolhouse of his district to the place of meeting, same to be paid out of the incidental fund of his district: Provided, that no allowance shall be made for more than two days in any school year: Provided further, that in case of the inability of either the president of the board or the clerk of the district to attend such meeting, the school board shall appoint another member or some other person to represent the district in place of said president of the board or clerk of the district, Upon presentation of a certificate signed by the county superintendent of public schools, the board shall order warrants drawn in favor of the school officers or other representatives of the board who attended said meeting in accordance with the provisions of this section. (R. S. 1919, 11357.) ARTICLE XII. TEACHERS' CERTIFICATES, HOW OBTAINED OR REVOKED. Sec. 11364. Revocation of certificate and appeal therefrom. 11365. State board to outline work of insti- tutes and summer school for colored teachers tuition fee. 11366. Grades at summer terms of state edu- cational institutions to be received grades to become void, when. 11367. Complimentary certificates to be pro- hibited. 11368. Law not to apply to cities of 75,000 or over. Sec. 11358. County superintendents to grant cer- tificates public examinations held, when grades and qualifications. 11359. Grading of examination papers by state superintendent of public schools. 11360. Qualifications necessary for certifi- cates. 11361. Renewal certificates. 11362. County superintendent to pass on morality of applicants to keep grades and record of certificates may in- dorse certificates from adjoining coun- ties. 11363. Applicants to pay fee fees received to pay expenses superintendent to make annual statement of fees collec- ted and expended. Sec. 11368. County ^superintendents to grant certifi- cates public examinations held, when grades and qualifi- cations. The county superintendent of public schools shall have authority to examine teachers and grant certificates of qualification to teach in their respective counties or in the state. Three public examinations of two days each shall be held during the year on the first Friday and the succeeding Saturday in March, June and August, at such place or places in the county as the county superintendent of schools may designate. Said examinations shall be conducted by said county superintendent of public schools, or by some one duly authorized by him to conduct them. All questions given in said examinations shall e prepared and furnished by the state superintendent of public Revised School Laws. 137 schools. Certificates issued by said county superintendent of public schools shall be of three grades: Third grade shall be valid for one year and second grade for two years in the county for which they are issued, and first grade for three years in the state. Third grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfac- tory examinations upon the following branches: Spelling, reading, penmanship, language lessons, geography, arithmetic (including business forms and rules), English grammar, United States history, civil government (including the government of Missouri), physiology and hygiene, with special reference to the effect of alcoholic drinks and stimulants and narcotics generally upon the human system, agriculture and pedagogy. Second grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfactory examinations upon the branches hereinbefore mentioned, and in addi- tion thereto, algebra and literature. First grade certificates shall be granted to applicants who are of good moral character and who shall pass satisfactory examinations upon all the branches hereinbefore mentioned, and in addition thereto one branch of history, either ancient, mediaeval or modern, or English, and one branch of science, either psysical geography, physics or elementary biology: Provided, that in addition to the above named scholastic requirements each applicant who has had four months' experience in teaching shall be graded by the county superintendent on the following professional qualities: Teaching ability and management. Each applicant shall be graded on these professional qualities at the tims of each renewal of certificate and each issue of a new certificate: Pro- vided, that to obtain a first grade certificate each applicant shall have had eight months' experience in teaching and shall maintain an average grade of 90 per cent, on the above named scholastic requirements, together withHhe above named professional re- quirements; to obtain a second grade certificate an average grade of 85 per cent, on the aforesaid requirements; to obtain a third grade certificate an average grade of 80 per cent, on afore- said requirements, but no certificate shall be granted to any person whose grade in any subject falls below sixty per cent.: Provided, that the county superintendent of public schools shall have authority to prepare questions, conduct examinations grade papers and issue certificates to applicants who for good and sufficient reasons could not attend the last regular examina- tion. Said applicants to conform to all requirements for that grade county certificate. Said certificate to be good only until the end of the school year in which it is issued, and the papers written on said examination to be filed by said county superin- tendent of schools in his office, where they shall be kept for a period "of at least one year after the date upon which they were written. (R. S. 1919, 11358.) 138 Revised School Laws. Sec. 11359. Grading of examination papers by state super- intendent of public schools. The county superintendent of public schools shall, in accordance with a system prepared and submitted by the state superintendent of public schools, give each applicant writing in the examination a number by which number alone the papers of said applicant shall be marked and designated. Said county superintendent shall keep an accurate record of the number given to each applicant. Within three days after the close of each regular examination, the county superintendent of public schools shall forward to the state superintendent, by express or registered mail, all the papers of all applicants for first grade certificates and of all other applicants who shall request their papers to be sent to the state superintendent. Said state superintendent of public schools shall carefully grade all papers, keep a record of said grades, certify them to the county superintendent of the county in which said papers were written, and also return said papers to said county superintendent of public schools who shall preserve them among the records of his office for at least one year after the date of the examination at which they were written. (R. S. 1919, 11359.) Sec. 11360. Qualifications necessary for certificates. No person shall be granted a license to teach in the public schools of this state who is not of good moral character. From and after September 1, 1912, all applicants for first or second grade certificates to teach must present evidence of having completed the first year's work of a classified or accredited high school as defined in section 11337, Revised Statutes, 1919* or its equivalent. From and after September 1, 1914, all applicants for first or second grade certificates must present evidence of having com- pleted two years of such work, or its equivalent. From and after September 1, 1916, all applicants for first or second grade certificates must present evidence, of having completed three years of such work, or its equivalent. From and after September 1, 1918, all applicants for first or second grade certificates must present evidence of having completed four years of such work, or its equivalent. Provided from and after September 1, 1923, all applicants for a third grade certificate must present evidence of having completed two years of high school work or its equiv- alent. From and after September 1, 1925, all applicants for a third grade certificate must present evidence of having com- pleted three years of such work, or its equivalent. From and after September 1, 1927, all applicants for a third grade certifi- cate must present evidence of having completed four years of such work, or its equivalent. The high school work herein required may be done in any public, private or parochial school, or private study, and satisfactory evidence thereof presented by the written statements of parties who have personal knowledge that such work has been done, or by passing a satisfactory ex- amination on the subjects for which credit is claimed and which Revised School Laws. 139 are not required in the examination prescribed by section 11358 of this article; provided, that provisions of this section shall not apply to any person who holds a certificate entitling him to teach in the schools of Missouri at the time of the taking effect of this section. (R. S. 1919, 11360, amended Laws 1921, H. B. 595.) Sec. 11361. Renewal certificates. A third grade certifi- cate may be granted to any one person in but four consecutive years. A second or third grade certificate shall be renewed without examination once. A first grade certificate an un- limited number of times: Provided, that the holder shall give satisfactory evidence to county superintendent of public schools that certain professional work prescribed by state superin- tendent at the time of the issuing of or former renewal of the certificate has been complied with: Provided, that any teacher who had had five years' experience in teaching and was employed as a teacher January 1, 1912. and holds a first grade certificate shall have his or her county certificate renewed an unlimited number of times, on condition that said teacher is faithful in the performance of his or her professional duties. (R. S. 1919, 11361.). A third grade certificate can be renewed once. Only four third grade certifi- cates can be secured in consecutive years. This includes regular, renewed and special third grade certificates. Conditions for the renewal of county certificates are as follows: Requirement Number I. Each holder of a renewable certificate, in order to be eligible to have his certificate renewed, must each year during the life of his certificate attend either the state teachers' association, his county teachers' associ- ation or meeting, or a district teachers' association which embraces several counties. In case of his failure to attend his county association, attendance at three township or district meetings during that year may be accepted instead of the attendance at the county association. This requirement may be waived for teachers in large cities which are, by section 11346, exempt from the supervisory powers of the county superintendent, provided such cities have at least semi-monthly meetings for seven months each year in which professional work approved by the state superintendent is being done. Arrangements have been made whereby all teachers enrolling in their normal school district teachers' association are automatically enrolled as members of the state teacher's association. All applicants for renewal of certificates should be able to present as evidence of professional interest en- rollment certificates showing they are members of state and district associations even though unable to attend. Requirement Number II. Each holder of a renewable certificate must also do the reading circle work to the satisfaction of the county superintendent for two years for each renewal, except for the renewal of a third grade certificate. For the renewal of such certificate one 3 r ear of reading circle work must be done. Passing grades in extension or correspondence courses approved by the state superintendent of schools shall be accepted by county superintendents instead of reading circle work. Passing approved summer school grades shall be accepted in lieu of reading circle work. Summer school, extension or correspondence grades must in all cases have been made since the issue or former renewal of the certificate to be renewed. Reading circle work of special merit conducted by city superintendents with the approval of the state superintendent shall be accepted in lieu of the regular reading circle work. Sec. 11362. County superintendent to pass on morality of applicants to keep grades and record of certificates may 140 Revised School Laws. indorse certificate from adjoining county. The c'ounty superin- tendent of public schools shall pass upon the moral character and requirements, other than scholastic as shown by the papers written, of all applicants for certificates to teach in the schools under his jurisdiction, and he shall grade each applicant who has had four months' experience in teaching on teaching ability and management. The grades on these two professional re- quirements shall be averaged with the grades on the scholastic branches required in section 11358. The county superintendent shall keep a true record of all grades made by all applicants in examinations conducted by him certified to him by the state superintendent, and also as graded by himself, and also a record of all certificates granted, renewed, indorsed or revoked, said record exhibiting the number granted, date, grade and length of time for which each certificate was issued, and the name, age, sex and nativity of the person receiving the same, and deliver the same to his successor in office. Any applicant may raise the grade of his certificate by meeting the additional requirements prescribed for such higher grade of certificate, and any or all grades on a valid third grade certificate may be used on a second grade certificate: Provided, that the county superintendent must indorse without examination second grade certificates from other counties in this state on the payment of a fee of one dollar and fifty cents; and such second grade certificate, when thus indorsed by the county superintendent, shall entitle the holder thereof to all rights and privileges granted under and by a teacher's certificate issued by such superintendent under a regular examination, and shall riot be revoked unless specified charges be made and filed with the county superintendent, notice thereof be given and an impartial hearing be had thereon, as is fully provided for in section 11364. (R. S. 1919, 11362.) Only second grade certificates from adjoining counties maybe endorsed. First grade certificates issued under this law are valid in any county in the state. Sec. 11363. Applicants to pay fee fees received to be used to pay expenses superintendent to make annual state- ment of fees collected and expended. Every applicant for a certificate shall pay to the county superintendent of public schools a fee of three dollars which shall entitle him to take any and all examinations given in any calendar year. Every ap- plicant for a renewal of his certificate shall pay a fee of one dol- lar and fifty cents. The fees so collected shall be used for the payment of the expenses of teachers' associations and teachers' meetings authorized by this chapter at least thirty per cent, being set apart and used for this purpose and for the expenses incident to the grading of papers and issuing certificates of appli- cants for license to teach. The county superintendent of public schools shall remit to the state superintendent five cents for each subject written by each applicant, whose papers are sent to the state superintendent of schools. The fees, received in this Revised School Laws. manner by the state superintendent of public schools, shall be used to pay the compensation of such assistants as may be neces- sary to examine and grade all such papers, and to pay other expenses incident to the grading of the papers submitted and recording and certifying said grades. The state superintendent of public schools is hereby empowered to appoint and pay such assistants as he may need for the examining and grading of all such papers submitted, and he shall also keep an accurate account of all moneys received and disbursed by him in carrying out the provisions of this article. Any balance remaining in said fund shall be turned into the general revenue fund of the state by said state superintendent of public schools on the first day of Decem- ber of each calendar year. The county superintendent of public schools shall make report of all fees collected, all amounts ex- pended for teachers' associations and meetings and for all amounts remitted to the state superintendent to the county court at its regular meeting in February of each year. (R. S. 1919, 11363.) Sec. 11364. Revocation of certificate and appeal there- from. The county superintendent may revoke, upon satis- factory proof, any county certificate for incompetency, im- morality, neglect of duty, or the annulling of written contracts with the board of directors without the consent of the majority of the members of the board which is a party to such contract. All charges must be preferred in writing, signed and sworn to by the party or parties making the accusation, which must be filed with the county superintendent, and the teacher must be given due notice, of not less than ten days, an opportunity to.be heard, together with witnesses. In case any person holding a certificate issued by the state superintendent, the board of cura- tors of the state university, or the board of regents of any normal school, shall be complained of as herein provided for, then it shall be the duty of the county superintendent in the county where the offense is alleged to have been committed, to notify, in writing, the person or board issuing such certificate, and such person or board shall proceed as herein provided for the revoca- tion of such certificate. The complaint must plainly and fully specify what incompetency, immorality, neglect of duty or other charge is made against the teacher, and if the county superin- tendent shall, after a hearing, revoke said certificate, the teacher shall have the right to appeal said hearing to the circuit court at any time within ten days thereafter by filing an affidavit and giving bond as is now required before justices of the peace. On any such appeal the judge of the circuit court shall, with or without a jury, at the option of either the teacher or the person making the complaint, hear the whole matter anew and decide the same de novo affirming or denying the action of the county superintendent, and he shall tax the cost against the appellant if the judgment of the county superintendent is affirmed, but if he disaffirms such judgment, then he shall assess the costs of the 142 Revised School Laws. whole proceedings against the person or persons making the complaint. Any teacher having his or her certificate revoked by any other authority than that of county superintendent shall have the right to appeal therefrom to the circuit court and shall have the right to a like hearing and trial as is herein pro- vided for in the appeal from the decision of the county super- intendent. (R. S. 1919, 11364.) Section construed. The school board cannot discharge a teacher but for immorality, incompetency or breach of his contract with district; it may file com- plaint with county superintendent, who, upon notice and hearing, may revoke -the teacher's certificate and thereby end his right to teach. Arnold v. District, 78 Mo. 226. When the directors, in good faith and with probable cause, file com- plaint against teacher with superintendent, they are not liable for libel or slander, though such complaint be withdrawn before trial. Finley v. Steele, 159 Mo. 299. Sec. 11365. State board to outline work of institutes and summer schools for colored teachers tuition fee. The state board of education shall prepare, or cause to be prepared, outlines of work to be done in institutes for colored teachers, and out- lines for minimum requirements for work done in approved summer schools and accepted on county certificates as pro- vided in section 11366. It shall also establish ten or more institutes for colored teachers, appoint instructors and make all rules and regulations therefor. Grades made by colored teachers in said institutes shall be accepted by county superin- tendents in lieu of examinations in subjects or parts of subjects covered by the work of the institute. A tuition fee of not to exceed two dollars may be charged to maintain such institute for colored teachers. (R. S. 1919, 11365.) Sec. 11366. Grades at summer terms of state educa- tional institutions to be received grades to become void, when. Grades made in the summer terms of the state educational in- stitutions, and in such other schools as may be approved by the state board of education, obtained under conditions conform- ing to the requirements prescribed by the stateboard of education, shall be accepted by the state superintendent in lieu of examina- tions on the several subjects required for county certificates and shall be certified by the state superintendent of public schools to the county superintendent of the county in which the cer- tificate is to be issued. Grades made in an examination conducted in any county in the state in accordance with the provisions of this article shall be good in any other county in the state when the papers have been graded by the state superintendent of public schools and the grades properly certified by him. Grades made under the provisions of this article shall become void if the holder thereof shall have ceased to be engaged in active educa- tional work as a teacher, a student in school, a supervisor or ad- ministrator in school work, for a period of two consecutive years. (R. S. 1919, 11366.) Revised School Laws. 143 Sec. 11367. Complimentary certificates, etc., prohib- ited. Any county superintendent of public schools, members of boards of examiners, or instructor in any institute or approved summer school who shall grant complimentary certificates or grades, or certificates and grades except in accordance with the provisions of this article, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars. (R. S. 1919, 11367.) Sec. 11368. Law not to apply to cities of 75,000 or over. This article shall not apply to cities having or hereafter attain- ing a population of 75,000 or more. This law shall take effect and be in force on and after January 1, 1912. (R. S. 1919, 11368.) All renewals of county certificates issued prior to January 1, 1912, are valid only in the county in which issued and cannot be endorsed in other counties. County superintendents have authority to endorse only second grade cer- tificates, issued after January 1, 1912, section 11362. All grades on a valid third grade certificate may be transferred to a second grade certificate. Section 11362. All scholastic grades for a first grade certificate must be certified from the office of the state superintendent of schools. Grades from a second or third grade certificate cannot be transferred to a first grade certificate, unless the papers for said certificates were graded by the state superintendent or were made in an approved summer school. According to section 11366, all grades made on papers graded by the state superintendent are valid in any county in the state, when properly certified from the office of the state superintendent of schools. There is no provision for the transfer of grades from a certificate issued prior to January 1, 1912, to one issued after that date. ARTICLE XIII. COUNTY TEXTBOOK COMMISSION FREE TEXTBOOKS. Sec. 11369. 11370. 11371. 11372. 11373. 11374. 11375. 11376. 11377. 11378. 11379. 11380. 11381. 11382. Sec. County textbook commission created I 11383. how composed vacancies, how filled. 11384. Meetings of board salary how paid. 11385. Shall adopt books from authorized 11386; list. Copy of book and statement to be 11387. filed with state superintendent by publisher. 11388. Publisher to pay filing fee fund, how 11389. used. 11390. Bond to be given by publisher. When liable on bond. 11391. State superintendent to furnish list of publishers to county superinten- 11392. dents and commissioners. 11393. Duty of publisher when book is adopt- 1 1394. ed. Adopted books to be used exclusively. 11395. Changes, how made. What to be considered in selecting books. 11396. Sale by dealers in certain counties. Exchange price. 11397. Penalty for using other than adopted books. Supplementary books. Indigent pupils, how supplied. School boards may furnish textbooks for poor children, how. Application for textbook for poor children, to whom made. Certain cities may adopt how. Publisher to make certain statement. Publisher to show ownership of pub- lishing house. Unlawful combination to control prices contract forfeited. Penalty for selling without license. Bribery penalty. District may furnish free textbooks how. County court to apportion foreign insurance money to districts furnish- ing free textbooks. Funds apportioned to purchase text- books only. Corporation furnishing books to desig-^ nate secretary of state as agent, 144 . Revised School Laws. Sec. 11369. County textbook commission created how composed vacancies, how filled. There is hereby created a county school text book commission, which shall be the county board of education in all counties in which such a board exists. In counties where there is no county board of education the school textbook commission shall consist of the county super- intendent of schools and two teachers, who shall be selected in the same manner and at the same time as the two members of the county board of education that are appointed in those counties that have a county commissioner of schools: Provided, that no person shall be appointed to serve on the said com- mission who has been in the employ, as a traveling salesman or otherwise, in this state, of, any publisher of school textbooks within the period of two years prior to this article. Vacancies on the commission, resulting from death, resignation, removal from the county, disqualification, or otherwise, shall be filled as prescribed by law. A majority of the commission shall con- stitute a quorum for the transaction of all business of the com- mission. (R. S. 1919, 11369.) Section 9957 of the Revised Statutes of 1899 provided for the appointment of the county board of education. County textbook commissions are appointed, as were county boards of education under that section: i. e., the state board of education appoints one member and the county court one. The implied repeal of this section by the law establishing county supervision does not affect the method of appointing the textbook commission. Appointed members must be teachers, and they will serve for two years. A vacancy is filled by the power ap- pointing the member whose place becomes vacant. The spirit of the law prohibits the appointment of any one who has been in the employ of a textbook publisher since June 14, 1905. Sec. 11370. Meetings of board salary how paid. The county textbook commission shall meet at the county seat to or- ganize within thirty days from the date of the taking effect of this article. The county superintendent shall be ex officio president of the commission, and a secretary shall be elected from its own membership. Said commissiori shall meet annually thereafter, and special meetings may be called by the president, or on the written request of the other two members. The president shall preside at all meetings of the commisssion, and the secretary shall keep the records of the meetings, and all contracts shall be signed by both the president and secretary. Members of said commission that do not receive an annual salary from the county shall receive five dollars per day for their services, with such additional amount as shall be necessary to cover their actual traveling expenses: Provided, that they shall receive pay for not to exceed six days in any one year, the same to be audited and paid by the county court. (R. S. 1919, 11370.) The first meeting of the commission is the only one required by the law to be held at the county seat. The commission must meet annually, but except when adoptions are to be made it should not be in session more than one day. If two members sign a request to the president asking that a meeting be called, he has no option in the matter, but must call same. Revised School Laws. 145 County superintendents are not entitled to salary for serving on the textbook commission. Sec. 11371. Shall adopt books from authorized list. Said commission shall adopt from the authorized state list, as herein- after provided, a uniform series of textbooks for use in the schools of all the districts of the county, except that in cities having more than one thousand children of school age, as shown by the last enumeration, and in towns having high schools af- filiated with the state university, the board of directors of said cities and said towns may select from the aforesaid list such books as in their opinion are best suited to the local conditions, and may contract for the same. (R. S. 1919, 11371.) Unless the board of directors in the cities and towns included in the provisions of section 11371 select books from the authorized state list, their respective schools must use the books adopted by the county textbook commission. Section 11388 also requires the boards to take some affirmative action if they do not accept the county adoptions. Boards of directors must select books from those on the state list, or they must use the books adopted by the county commissions. They may contract for these books for a period of five years, acting in accordance with the provisions of section 11388. The "authorized state list" means the list of all the books filed with the state superintendent by publishers who have complied with all the provisions of the law. A school losing its classification as a high school must use the books adopted by the county commission, even though while on the approved list it contracted for other books for a period of five years. A school becomes exempt from the county adoptions and has power to select and contract for its own books imme- diately upon its high school being classified or when the city in which it is located enumerates 1,000 children of school age, regardless of its being included in the county contract. Sec. 11372. Copy of book and statement to be filed with state superintendent by publisher. Before the publisher of any school textbook shall offer the same for sale to any county textbook commission or board of school di- rectors in the state of Missouri, said publisher shall file a copy of said textbook in the office of the state superintendent of public schools with a sworn statement of the list price and the lowest net price at which said book is sold anywhere in the United States under like conditions of distribution. Said publisher shall file with the state superintendent a written agreement to furnish said book or books to the county textbook commissions or boards of directors of Missouri at the price so filed. Said publisher must further agree to reduce such prices in Missouri if reductions are made elsewhere in the country, so that at no time may any book be sold in Missouri at a higher price than is re- ceived for the same book elsewhere in the country where like methods of distribution prevail. Said publisher shall further agree that all books offered for sale in Missouri shall be equal in quality to those deposited in the office of the state superintendent as regards paper, binding, print, illustration and a 1 ! points that may affect the value of said books. (R. S. 1919, 11372.) 146 Revised School Laws. Sec. 11373. Publisher to pay filing fees fund, how used. Before the publisher of any school textbook shall offer the same for sale to any county school textbook commission or board of school directors in the state of Missouri, and at the time of the filing of such textbook in the office of state superintendent of public schools, said publisher shall pay into the treasury of the state of Missouri a filing fee of ten dollars for each book offered by said publisher. A series of books by the same author and upon the same subject shall constitute one book for this purpose. The fees thus received shall constitute a fund out of which upon requisition made by the state superintendent of public schools, shall be paid the expenses of publishing lists and other inform- ation for the use of the county school textbook commissions, clerk hire and other necessary expenses in connection with the filing of all textbooks submitted for adoption in the state of Missouri. Any balance remaining in such fund shall be, upon the first of January of each year, placed to the credit of the general revenue fund of the state. (R. S. 1919, 11373.) Only surplus remaining in textbook filing fund and only the surplus of earn- ings of the warehouse commissioner are considered revenue for school purposes. State ex rel. Gass v. Gordon, 266 Mo. 394, 181 S. W. 1016. Before offering a book to the county commission for adoption the publisher must do ten things: 1. File a copy of the book to be offered with the state superintendent of public schools. 2. File a sworn statement of the list price and the lowest net price at which said book is sold anywhere in the United States under like conditions of distri- bution. 3. File an agreement to sell the book at the price filed. 4. File an agreement to sell such book in Missouri at no higher price than is charged elsewhere in the United States under like conditions, and to reduce the price of such book in Missouri when it is reduced elsewhere. 5. File an agreement that all books offered for sale in Missouri shall be e v qual in quality to those deposited in the office of the state superintendent. 6. Pay a filing fee of ten dollars on every book filed. 7. Execute a bond to insure compliance with the above agreements. 8. Furnish county text-book commissions a list of the books and prices filed with the state superintendent. 9. File sworn statement that he has entered into no agreement to control prices or to restrict competition in the sale of books. (Section 11389.) 10. File sworn statement, showing ownership of publishing house, and what interest or shares the owners hold in any other publishing house. (Section 11390.) Sec. 11374. Bond to be given by publisher. To insure compliance with the aforesaid conditions under which school textbooks may be sold in the state of Missouri, said publisher shall file with the state superintendent a bond of not less than two thousand dollars nor more than ten thousand dollars, said bond to be approved by the state superintendent and the amount to be fixed by him; upon compliance with this and the preceding section, said publisher shall thereupon be licensed to sell school books in this state. (R. S. 1919, 11374.) Sec. 11375. When liable on bond. If in any case said publisher shall furnish books, inferior in any particular to the Revised School Laws. 147 samples on file with the state superintendent, or shall require higher prices than those listed with the state superintendent, then it shall become the duty of the county textbook com- mission, or board of directors, to inform the state superintendent of the failure of said publisher to comply with the terms of his contract. The state superintendent shall thereupon notify the publisher of said complaint, and, if said publisher shall disregard the notification and fail to immediately comply with the terms of his contract, then the state superintendent shall institute legal proceedings for the forfeiture of the bond of said publisher. (R. S. 1919, 11375.) Sec. 11376. State superintendent to furnish list of pub- lishers to county superintendents and commissioners. Durirrg the month of April, 1907, and thereafter annually, during the month of January, it shall be the duty of the state superin- tendent to furnish each county superintendent with a list of publishers who shall have conformed to the requirements here- inbefore set forth relating to sample books, prices and bond. (R. S. 1919, 11376.) Sec. 11377. Duty of publisher when book is adopted. Before seeking to enter into contract with any county textbook commission, or board of directors, for the schools covered by this article, the publisher shall furnish the county superintendent or secretary of the board of directors with a duplicate printed list of the books and prices filed with the state superintendent. When any book or series of books in such list shall have been adopted by the county commission or by any board of directors in said county, it shall be the duty of said publisher of said book or books to furnish each county superintendent with a sample of the same, to remain in the office of said county superintendent, and to be the property of said county. (R. S. 1919, 11377.) The copies filed with the county superintendents should be carefully preserved. They must be equal in quality to those on file in the office of the state superin- tendent, and will allow county textbook commissions to have samples available for comparison in order that they may see that the provisions of the law are car- ried out. The books are "the property of the county," and are to be carefully preserved and turned over to the next superintendent, the same as other papers, books and files of the office. Sec. 11378. Adopted books to be used exclusively. The county textbook commissions are hereby empowered to adopt text-books for all subjects that may be taught in the public schools of their respective counties, and to enter into contract for the same for a period of five years in the manner hereinafter provided. All books adopted by the county commission shall be used exclusively in the schools of the county, except in such towns and cities as are exempt in section 11371; and, further, except that all books introduced into the public schools since May 1, 1905, either through the action of boards of directors or on the recommendation of county superintendents or county 148 Revised School Laws. boards of education, may be continued in use for a period of five years from the date of the introduction of said books: Pro- vided, that the publishers of said books shall comply with all the requirements of sections 11372 and 11373 prior to August 1, 1907. (R. S. 1919, 11378.) Sec. 11379. Changes, how made. Said commissions shall make no changes until they shall have advertised for bids for at least two successive weeks in one or more county papers, and the adoption of such books shall not be made until the expiration of at least fourteen days from the date at which such advertisement first appeared. Such advertisement shall specify subjects in which changes will be considered and the probable number of books of each kind required. (R. S. 1919, 11379.) Sec. 11380. What to be considered in selecting books. In selecting books the textbook commission shall carefully con- sider the price, character of the subject-matter, binding, illus- trations, print and paper, the adaptability to local conditions, and all points that affect the value of the book. (R. S. 1919, 11380.) Sec. 11381. Sale by dealers in certain counties. In all counties where the county court does not elect to pur- chase textbooks and sell the same to pupils at cost, as here- inafter provided, the publisher making contracts under this article shall sell and furnish to all dealers or merchants of said county, or to dealers or merchants in contiguous territory, all adopted textbooks at the net contract price. No dealer shall sell said books at more than fifteen per cent, advance on said net contract price. Any dealer or merchant violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars and not more than one hundred dollars. (R. S. 1919, 11381.) No provision is made for the county court to purchase textbooks and sell to pupils at cost. Sec. 11382. Exchange price. When any county textbook commission or board of directors shall adopt books and enter into contracts with the publishers thereof, such contracts shall provide a reasonable exchange price for the books displaced by such adoption. (R. S. 1919, 11382.) Sec. 11383. Penalty for using other than adopted books. Any teacher or school director who, within eight months after the county board of education shall have adopted a list of text- books for such county, shall sanction or permit the use of any book not adopted in accordance with the provisions of this article, shal] be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars. If any county textbook commission or board of directors shall attempt to change any textbook before the Revised School Laws. 149 expiration of a contract for the same, made under this article, any member of such commission or board, who votes for such unlawful change, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars. Any publisher, or agent of said publisher, who shall connive at or seek to procure such unlawful change, shall be guilty of a misdemeanor, and subject to a like penalty. (R. S. 1919, 11383.) Sec. 11384. Supplementary books. Nothing in this article shall be construed to prevent the use of such supplementary books as shall be furnished at the expense of the school district, provided such supplementary books shall not displace books regularly adopted under the provisions of this article. (R. S. 1919, 11384.) Sec. 11386. Indigent pupils, how supplied. The boards of directors of each school district shall have authority to pur- chase all necessary books for indigent pupils and pay for the same out of the incidental funds of the district. (R. S. 1919, 11385.) Sec. 11386. School boards may furnish textbooks for poor children, how. The school boards of the several districts of the respective counties of the state of Missouri are hereby authorized to purchase out of the incidental school revenue fund of the respective school districts textbooks for poor children. (R. S. 1919, 11386.) Sec. 11387. Application for textbooks for poor children, to whom made, etc. Application for or on behalf of children com- ing within the purview of this article shall be made to the board, which shall determine the same in an informal way. And if found worthy, the board shall procure the books as in the pre- ceding section provided. (R. S. 1919, 11387.) Sec. 11388. Certain cities may adopt how. Boards of directors of cities and towns exempt from county uniformity under section 11371, who may not accept county uniformity, may adopt and contract for books from the state list under the same restrictions and in the same general manner as herein pro- vided for the adoption of books by the county textbook com- mission. (R, S. 1919, 11388.) Sec. 11389. Publisher to make certain statement. When any publisher of school text-books shall file with the state super- intendent the samples and lists provided for in section 11372, said publisher at the same time shall be required to file a sworn statement that he has no understanding or agreement of any kind with any other publisher, or interest in the business of any other publisher, with the effect, design or intent to control the prices on such books or to restrict competition in the adoption or sale thereof. (R. S. 1919, 11389.) 150 Revised School Laws. Sec. 11390. Publisher to show ownership of publishing house. Before being licensed to sell school textbooks in this state, the publisher thereof shall file with the state superintend- ent of public schools a sworn statement, showing the ownership of such publishing house, with the interest, names and addresses of such owners, and specifically stating whether or not the said publisher, or the owner of any interest or shares in such pub- lishing house, is the owner of any interest or shares in any other publishing house, and if so, giving the name and address thereof. (R. S. 1919, 11390.) Sec. 11391. Unlawful combination to control prices con- tract forfeited. If at any time any publisher shall enter into any understanding, agreement or combination to control the prices or to restrict competition in the adoption or sale of school books, or if the statements required of said publisher by the two pre- ceding sections shall be untrue in any respect, then the attorney- general shall institute and prosecute legal proceedings for the forfeiture of the bond of said publisher and for the revocation of his authority to sell school books in this state, and all contracts made by said publisher under this article shall thereupon be- come null and void at the option of the other parties thereto. (R. S. 1919, 11391.) Sec. 11392. Penalty for selling without license. Any pub- lisher who shall sell, or offer for sale or adoption in this state, school textbooks of any kind without first obtaining a license therefor under this article, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars and not more than five thousand dollars. (R. S. 1919, 11392.) Sec. 11393. Bribery penalty. Any member of any coun- ty board of education who shall accept or receive any money, gift or any property, or favor whatsoever, from any person, firm or corporation selling or offering for sale any textbooks, or any agent thereof, or from any person in any way interested in the sale of textbooks, shall, upon conviction, be punished by a fine not exceeding one thousand dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (R. S. 1919, 11393.) Sec. 11394. District may furnish free textbooks, how. The qualified voters of any school district in the state may at any annual or special school meeting, fifteen days' notice having been given as required in section 11209, vote to authorize the board of directors or board of education of such district to pur- chase from the incidental fund and furnish free all the textbooks for all the pupils in the public schools of said district. A ma- jority vote of those voting upon this proposition shall be suffi- cient to decide the question. In the event the incidental fund is not sufficient to supply all the books during the first year, then Revised School Laws. 151 the board shall supply as many grades of their school or schools as possible beginning with the lowest grade and shall furnish free textbooks to all the pupils of all the elementary grades within a period of three years from the date of the school meet- ing at which it was decided to furnish free textbooks. Such books shall be the property of the school district, but shall be furnished free of charge to all public school pupils for use in the public schools of said school district, under such rules and reg- ulations as the board of directors or board of education shall prescribe. No board of directors or board of education shall pay a higher price for such books than is paid by any other school district in this state, or in any other state purchasing textbooks in the open market. No contract hereafter made by any county or state textbook commission shall be binding upon any school district furnishing free textbooks to its pupils. No contract for books for a period of more than five years shall be made by any school district under the provisions of this article. Any owner, agent, solicitor or publisher of textbooks who shall offer for sale in this state or sell to any board of directors or board of education textbooks at a higher price than herein specified, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than five hundred dollars and not more than ten thousand dollars for each offense. (R. S. 1919, 11394.) Sec. 11395. County court to apportion foreign insurance money to districts furnishing free textbooks. Whenever the board of directors or board of education of any school district in this state certifies to the county court that they are furnishing textbooks free of charge to all the pupils in at least the first four grades in the public schools of their district, it shall be the duty of -the county court to apportion annually to each such school district from the county foreign insurance tax moneys received from the state treasurer in accordance with section 6390, an amount to be determined by multiplying the number of children on the last enumeration list of said school district by the ratio used by the state auditor in making the distribution of said foreign insurance- tax moneys among the counties of the state, and shall order the county treasurer to place to the credit of the incidental fund of each such district the amount thus obtained, or shall draw its warrant in favor of the proper township treasurer or treasurers for the amount due the districts of the various townships, and shall also draw its warrant in favor of the treasurer of any school district or- ganized as a city, town or consolidated district for the amount due such district. When any school district that contains an incorporated town or city received such aforesaid moneys on account of furnishing free textbooks, then the incorporated city Or town contained in such district shall not be entitled to any further moneys under section 6391. After the money due the aforesaid districts on account of their furnishing free text- 152 Revised School Laws. books has been properly apportioned, the county court shall then proceed to apportion the remaining fund in accordance with the provisions of section 6391. (R S. 1919, 11395.) Sec. 11396. Funds apportioned to purchase textbooks only. The funds received by the various school districts in accordance with section 11395, shall be used only for the pur- chase of textbooks for free use in the public schools of said districts, and any district that does not within three years after receiving the first grant of money under this article furnish all the textbooks free to all the pupils of its elementary schools, shall be deprived of any further moneys under this article until such time as it does furnish all said textbooks free. (R. S. 1919, 11396.) Sec. 11397. Corporation furnishing books to designate secretary of state as agent. Any person, firm or corporation furnishing textbooks to any districts under the provisions of this article shall designate secretary of state of the state of Miss- souri as its or their agent upon whom citation and all other writs and processes may be served in the event any suit shall be brought against such person, firm or corporation. (R. S. 1919, 11397.) FORM OF NOTICE OF SPECIAL SCHOOL. ELECTION. In accordance with the provisions of H. B. 810, entitled "An act to provide free textbooks in all the public schools of the state," enacted by the forty-seventh general assembly of Missouri, notice is hereby given to the qualified voters of the school district of , in county, Missouri, that a special school election will be held at the schoolhouse in said school district on , the day of , 19 , polls opening at 7 a. m. and closing at 6 p. m., to vote upon the fol- lowing proposition: 1. To provide free textbooks for the public school pupils. Done by order of the school board, this day of . Secretary of School Board. (Form of notice for town, city and consolidated schools.) ARTICLE XIV. STATE BOARD OF EDUCATION. Sec. 11401. Power to employ attorneys fees for services of same. 11402. To report to legislature. Sec. 11398. State board of education members and duties. 1 1399. Duty in relation to swamp lands. 11400. Duty as to state school fund of coun- ties. Sec. 11398. State board of education members and duties. The supervision of instruction in the public schools shall be vested in a state board of education, whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board; the governor, secretary of state and attorney-general shall be ex officio members, Revised School Laws. 153 and, with the superintendent, compose said board of education. It shall be the duty of the state board of education to take the general supervision over the entire educational interests of the state; to direct the investment of all moneys received by the state to be applied to the capital of any fund for educational purposes; to see that all funds are applied to such branch of the educational interest of the state as by grant, gift, devise or law they were originally intended. (R. S. 1919, 11398.) Sec. 11399. Duty in relation to swamp lands. The state board of education is hereby required to ascertain from all the various counties in the state having swamp or other school lands what disposition has been made of the same, and when in any case it shall be ascertained that the objects of the grant have been violated, the funds arising therefrom perverted, or the lands or moneys used for any purpose other than those named in the grant, and by the law intended, it shall be their duty to institute suits to recover the same in the name of the state in behalf of the public schools of the county in which such lands lie. (R. S. 1919, 11399.) Section construed. The state board of education has authority to employ attorneys to reclaim or protect swamp lands held in trust by counties for school purposes. State ex rel. v. Crumb, 157 Mo. 545, 57 S. W. 1030; Phillips v. County, 187 Mo. 698, 86 S. W. 231. When a county has caused a patent to issue for swamp lands and suffered the same to remain on record thirty years without attacking its validity, it is estopped from thereafter denying that such patent passed a valid title. Simpson v. County, 173 Mo. 421, 73 S. W. 700. Sec. 11400. Duty as to state school fund of counties. It shall also be the duty of the said state board of education to ascertain from all the counties of the state what disposition has been made of the state school fund drawn by the counties from the state yearly, how much thereof has been transferred to the school townships; and when any such fund, or any part thereof, has been diverted from its lawful use, it shall be their duty, in like manner as in the last section providsd, to institute suit for and collect the same and return it to its legitimate channel. (R. S. 1919, 11400.) See cases cited under Sec. 11399. Sec. 11401. Power to employ attorneys fees for services of same. The state board of education shall have power to employ a competent attorney in each congressional district to prosecute the suits mentioned in the preceding section, and who, for such services, shall be allowed the following per cent, as fees: For all claims prosecuted to final judgment in favor of the state or county as plaintiff, on all sums under five hundred dollars, ten per cent.; between five hundred and one thousand dollars, seven per cent.; between one thousand and two thousand dollars, five per cent.; between two thousand and four thousand dollars, three per cent.; between four thousand and eight thousand dol- lars, two per cent., and for all sums over eight thousand dollars, one per cent. such fees to be paid said attorney out of the sums 154 Revised School Laws. collected; and where lands are recovered by suits instituted by such attorneys, they shall be allowed such sums for their services as may be deemed reasonable by the county court of the county in which the lands recovered are situated, to be paid out of the county treasury; but if said county court shall neglect or refuse to allow reasonable compensation for the services of said at- torneys in prosecuting suits for the recovery of lands as above set forth, then such attorneys may bring suit in the circuit court of the proper county against the county the court of which so re- fuses or neglects to allow compensation, and the amount thus recovered shall stand as a judgment against the county in which said lands are located upon which suit was brought. And it shall be the further duty of said attorneys to examine the records and papers relating to school lands and funds in the counties of the district for which they are appointed and report the condition of the same to the state board of education, and they shall re- ceive, as compensation therefor, the sum of six dollars per day for the time actually employed in such examination, said amount to be audited by the state board of education and paid out of any moneys in the state treasury not otherwise appropriated: Pro- vided, that no more than five days shall be employed in such ex- amination in any one county, except upon an order of the state board of education. (R. S. 1919, 11401.) See cases cited under Sec. 11399. Sec. 11402. To report to legislature. Said board of edu- cation shall report to each session of the legislature their pro- ceedings under this chapter, stating therein what suits have been instituted, the amount of money collected, if any, and the land recovered, if any, naming the counties in which such suits were instituted and lands recovered, with such other information as may be deemed important. (R. S. 1919, 11402.) See cases cited under Sec. 11399. Revised School Laws. 155 ORGANIZATION AND SCOPE OF THE LINCOLN UNI- VERSITY Senate bill No. 435, Repealing Article XVIIa of Chapter 102, Re- vised Statutes of Missouri, 1919; Amended Laws of 1921. Approved April 15, 1921. Sec. 1. Name changed. 2. Board of curators qualifications. 3. Powers and duties of the board of curators. 4. Appointment of board term of office. 5. Duties of old board of regents to pass to the new board of curators. Sec. 6. Board of curators to organize after what manner. 7. May arrange attendance at university in adjacent states. 8. Appropriation. Section 1. Name changed. The name of the Lincoln institute is hereby changed to the Lincoln university. Sec. 2. Board of curators qualifications. The control of the Lincoln university shall be vested in a board of curators to be constituted as follows: The state superintendent of instruction, ex officio, and eight members, at least four (4) of whom shall be negroes. There shall be no restrictions as to residence except that all appointees shall be citizens of Missouri and shall reside within the state. Sec. 3. Powers and duties of the board of curators. The board of curators of the Lincoln university shall be authorized and required to reorganize said institution so that it shall afford to the negro people of the state opportunity for training up to the standard furnished at the state university of Missouri when- ever necessary and practicable in their opinion. To this end the board of curators shall be authorized to purchase necessary additional land, erect necessary additional buildings, to pro- vide necessary additional equipment, and to locate, in the county of Cole, the respective units of the university where, in their opinion, the various schools will most effectively promote the purposes of this act. Sec. 4. Appointment of board term of office. As soon as possible after the passage of this act, the governor shall by and with the advice and consent of the senate appoint four members of the board of curators to hold office until January 1st, 1923; four to hold office until January 1st, 1925, and their successors shall be appointed for terms of four years. Within thirty days after the members of the board of curators shall have been appointed and qualified, the governor shall call a meeting for the pur- pose of organization, at Jefferson City, at such place as he may designate. Sec. 5 Duties of old board of regents to pass to the new board of curators. With the organization of the board of curators the board of regents of the Lincoln institute shall ter- minate and all of their responsibilities and privileges, under the 156 Revised School Laws. several statutes relating to the Lincoln institute, shall pass im- mediately to the board of curators. Sec. 6. Board of curators to organize after what manner. It is hereby provided that the board of curators of the Lincoln university shall organize after the manner of the board of curators of the state university of Missouri and it is further provided that the powers, authority, responsibilities, privileges, im- munities, liabilities and compensation of the board of curators of the Lincoln university shall be the same. as those prescribed by statute for the board of curators of the state university of Missouri, except as stated in this act. Sec. 7. May arrange attendance at university in adjacent states. Pending the full development of the Lincoln university, the board of curators shall have the authority to arrange for the attendance of negro residents of the state of Missouri at the university of any adjacent state to take any course or to study any subjects provided for at the state university of Missouri, and which are not taught at the Lincoln university and to pay the reasonable tuition fees for such attendance; provided that whenever the board of curators deem it advisable they shall have the power to open any necessary school or department. Sec. 8. Appropriation. To enable the board of curators to carry out the purposes of this act, as stated specifically in section 3. and subject to the provisions of section 6, of the same, there is hereby appropriated from any unappropriated portion of the general school funds the sum of five hundred thousand ($500,000.00) dollars. SCHOOL LIBRARIES. Chapter 60, Article IV. Sec. 7188. Library board created. There is hereby cre- ated a state library board to consist of five members, four of whom shall be appointed by the state board of education to serve for four years and until their successors are appointed. The state superintendent of schools shall be a member and ex o/ficio chairman. (R. S. 1919, 7188.) Sec. 7189. Board shall select, classify and recommend books. The state library board shall select, classify and recom- mend a list of suitable books for school libraries, supplementary reading and school reference books. Said list shall contain not less than forty suitable books to supplement the regular school- room work in each of the following lines: Reading, literature, history, geography and nature study, or practical agriculture. They shall enter into contract with the publishers of the selected books to furnish them, transportation charges prepaid, at the lowest possible cost to the districts: Provided, that said list may Revised School Laws. 157 be revised every two years by said board. It shall be the duty of the state superintendent of public schools to publish and dis- tribute to the district clerks of the state a classified list of se- lected books, setting forth contract price of each. (R. S. 1919, 7189.) Sec. 7190. School boards to set aside funds to purchase books. For the purpose of purchasing school libraries, supple- mentary and reference books, district boards of directors shall set aside, out of the levy made for incidental purposes, not less than five nor more than twenty cents per pupil enumerated in the district each year, which shall be spent under the direction of the board in purchasing books from the list selected: Pro- vided, that books other than those selected may be purchased after one hundred volumes have been purchased from the se- lected list of library books. (R. S. 1919, 7190.) EMPLOYMENT OF CHILDREN. Senate bill No. 60, Repealing Article III of Chapter II, Revised Statutes of Missouri, 1919; Amended Laws of 1921. Ap- proved April 16, 1921. Sec. 1. Children under 14 not to be employed at gainful occupation. 2. Children over 14 and under 16 not to be employed unless certificated. 3. Hours of labor. 4. Denning kinds of labor. 5. Must have employment certificate. 6. Occupations forbidden. 7. Permit certificate issued by whom under what conditions. Sec. 8. Permit certificate may be renewed. 9. File certificate make list of children certificate prepared by whom. 10. Printing expenses paid, how. 11. Labor permits inspected. 12. Labor permit not granted, when. 13. Presence of child indicates employment. 14. Penalty. Section 1. Children under 14 not to be employed at gain- ful occupation. No child under the age of fourteen years shall be employed or suffered to work at any gainful occupation during the hours when the public schools in the district in which the child resides are in session. Sec. 2. Children over 14 and under 16 not to be employed unless certificated. No child over the age of fourteen years and under the age of sixteen years shall be employed or suffered to work at any gainful occupation during the hours when the public school of the district in which such child resides is in session, unless said child has procured and filed permit certifi- cate as herein provided for. Sec. 3. Hours of labor. No child under the age of six- teen years shall be employed at any gainful occupation for more than forty-eight hours in any one week, nor before the hour of seven o'clock in the forenoon and seven o'clock in the afternoon of any one day. 158 Revised School Laws. Sec. 4. Defining kinds of labor. The provisions of the foregoing sections shall not apply to children under sixteen years of age engaged in agricultural pursuits or in domestic service or to children working for their parents or guardians, and nothing in this act shall be so construed as to authorize any child under sixteen years of age to be employed at any gainful occupation dangerous to the life, limb or health of such child as defined by the law. Sec. 5. Must have employment certificate. No child under the age of fourteen years shall be employed at any gainful oc- cupation when the school of the district in which said child resides is not in session unless such child shall have a permit certificate issued in the manner and by the authority herein directed, and no child over fourteen years of age and under sixteen years of age shall be employed at any gainful occupation while the public school of its district is in session, unless such child has a permit certificate issued in the manner and by the authority herein provided for, and no permit certificate shall be in force with- out renewal for a longer period than three months from the date of issuance thereof. Sec. 6. Occupations forbidden. No child under the age of sixteen years shall be employed, permitted or suffered to work at any of the following occupations or in any of the following positions: Belted sewing machines in any workshop or factory, or assisting therein in any capacity whatever; adjusting any belt to any machinery; oiling, wiping or cleaning machinery or assisting therein; operating, or assisting in operating circular saws; wood jointers; wood shapers; planers; sandpaper or wood polishing machinery; picker machines; machines used in picking wool; machines used in picking cotton; machines used in pick- ing hair; machines used in picking upholstering material; paper- lacing machines; leather-burnishing machines; burnishing machines in any tannery or leather manufactory; job or cylinder printing presses, operated by power other than foot power; emery or polishing wheels used for polishing metal; wood-turn- ing or boring machinery; stamping machines used in sheet metal and tinware manufacturing; stamping machines used in washer and nut factories; corrugating rolls, such as are used in roofing and washboard factories; steam boilers; steam machinery; or other steam generating apparatus; dough brakes; or cracker machinery of any description; wire or strengthening machinery; rolling mill machinery, punches or shears; washing, grinding or mixing mills; calender rolls in rubber manufacturing; laundering machinery; preparing any composition in which dangerous or poisonous acids or alkalies are used; manufacture of paints, colors or white lead; dipping, drying or packing matches; manu- facturing, packing or storing powder, dynamite, nitroglycerine compounds, fuses or other explosives; manufacture of goods for immoral purposes; nor in, about or in connection with any Revised School Laws. 159 brewery, or other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled; hotel; concert hall; moving picture show; pool or billiard hall; wholesale drug store; saloon, or place of amusement; nor in operating any auto- mobile, motor car or truck; nor in any bowling alley; nor in any other employment declared by the state industrial inspector to be dangerous to lives and limbs, or injurious to the health or morals of children under the age of sixteen: Provided, that the provisions of this section shall not apply to children engaged in working with machinery in any manual training school under supervision of an instructor. Sec. 7. Permit certificate issued by whom under what conditions. Permit certificates shall be issued only by the superintendent or principal of the public school of the district wherein such child resides, or by some person appointed by an order of the board of directors, board of education, or the body having local supervision of public schools, entered on record. No permit certificate shall be issued to any child until such child, its parents or guardians, has furnished satisfactory proof to the person to whom application has been made that there exists a necessity for the labor of such child and that the work in which it is about to be engaged is neither dangerous to the person nor dilatorious to health, and before such permit shall be issued, the certificate of some reputable physician shall be made and filed with the officer issuing the permit, showing that said child is in good mental and physical health and is capable of performing labor without injury to the health or mental development of such child; together with an affidavit of the parent, parents, or guardian of said child showing date of birth and age of such child. Whenever the provisions of this section have been com- plied with and the person authorized to issue the labor permit is satisfied that there exists a necessity that such child should be permitted to work and that such child is in sound health he may issue to such child a permit certificate, permitting it to work at the occupation therein to be designated for a period of three months from the 'date thereof. Sec. 8. Permit certificate may be renewed. The officer authorized to issue permits may renew any labor permit at the expiration thereof upon a satisfactory showing upon the part of the^child that a necessity exists for a continuation of its employ- ment and that such child is in good health. Such extension of time shall be made by writing upon the certificate the follow- ing words: "This certificate is extended for a period of ninety days from this date" and by signing his name thereto. Sec. 9. File certificate make list of children certificate prepared by whom. Whenever any child is employed at any gainful occupation permitted by the laws of this state the em- ployer of such child shall take and preserve on file the labor 160 Revised School Laws. permit of said child and shall keep posted in a conspicious place in the factory or place where said child works, a list of all children who are laboring under and by virtue of labor permits. The form for all labor permits shall be prepared by and shall contain such information concerning the identity of the child as may be prescribed by the state superintendent of public schools. Sec. 10. Printing expenses paid, how. No fee shall be charged to any child for a labor permit issued under provisions of this law. The board of education of each school district shall cause to be printed, at the expense of such district, such blank labor permits as will be necessary to carry out the provisions of this act. Sec. 11. Labor permits inspected. All certificates of em- ployment shall be subject to inspection of the state industrial inspector and any industrial inspector may for cause cancel any labor permit. Sec. 12. Labor permit not granted, when. Whenever any labor permit has been denied any child by any one person authorized to issue such permit no further permit shall be granted by any other person authorized to issue permits for a period of thirty days from the date of such denial. Sec. 13. Presence of child indicates employment. The presence of any child under sixteen years of age in any place where labor is employed shall be presumptive evidence that said child is employed therein. Sec. 14. Penalty. Any person violating any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding six months or by fine of not more than $500.00. IMPORTANT SECTIONS OF THE LAW RELATING TO EDUCATION. Sec. 3338. Claims corruptly allowed by county courts and other officers. Any member of the county court, common coun- cil or board of trustees, or officer or agent of any county, city, town, village, school township, school district or other mu- nicipal corporation, who shall, in his official capacity, willfully or corruptly vote for, assent to or report in favor of, or alloW or certify for allowance, any claim or demand, or any part thereof, against the county, city, town, village, school township, school district or other municipal corporation, of which he is such officer or agent, or against the county court, common council or board of trustees of which he is a member such claim or demand, or part thereof, being for or on account of any con- tract or demand or service not authorized or made as provided or required by law every such person so offending shall, on Revised School Laws. 161 conviction, be punished by imprisonment in the penitentiary not more than five years, or by a fine of not less than one hun- dred nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months, or by both such fine and imprisonment. (R. S. 1919, 3338.) Sec. 3402. Injury of schoolhouses and church buildings. Every person who shall injure, deface or destroy any building used as a schoolhouse, or any church building or other building used for such purposes or for other religious or educational pur- pose, or any furniture, fixtures or apparatus thereto belonging, or who shall deface, mar or disfigure any such building, or any part thereof, or the fixtures therein, by writing, painting, cutting or pasting thereon any likeness, figures, words or device, or who shall commit any trespass upon the land connected with said schoolhouse and used for school or educational purposes, by removing therefrom the water, contained in any well, cistern or reservoir, in which water is gathered or kept for the supply of said schoolhouse or those attending the same, and without the permission, in writing, of the person or persons having the legal control of said schoolhouse and land, or who shall in any manner pollute the water contained in any well, cistern or reservoir, shall be deemed guilty of a misdemeanor. (R. S. 1919, 3402.) Sec. 3498. Disturbing religious assemblies. Every per- son who shall wilfully, maliciously or contemptuously disquiet or disturb any camp meeting, congregation or other assembly met for religious worship, or when meeting at the place of worship, or dispersing therefrom, or any school or other meeting or as- sembly of people met together for any lawful purpose whatever by making a noise, or by rude or indecent behavior or profane discourse within the place of assembly, or so near the same as to interrupt or disturb the order or solemnity thereof, or who shall willfully menace, threaten or assault any person there being, shall be deemed guilty of a misdemeanor. '(R. S. 1919, 3498.) Sec. 3520. Sale and gift of cigarettes and cigarette paper forbidden penalty. Any person who shall, by himself, his servants or agents, or as the servant or agent of any other person, directly or indirectly, or upon any pretense, or by any devise sell, give away or otherwise dispose of, to any person under the age of eighteen years, any cigarette, cigarette paper or cigarette wrappers, or any substitute therefor, or for the pur- pose of being filled with tobacco for smoking, shall be adjudged guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars for the first offense, and by a fine of not less than fifty dollars, nor more than five hundred dollars for the second offense. (R. S. 1919, 3520.) Sec. 3521. Use of cigarettes by minors in public places forbidden penalty. Every person, over the age of ten years 6 162 Revised School Laws. and under the age of eighteen years, who shall smoke or use cigarettes on any public road, street, alley, park, or other lands used for public purposes, or in any public place of business or amusement, or upon any railroad train or street car, shall, upon conviction, be adjudged guilty of a misdemeanor and punished by a fine of not more than ten dollars. (R. S. 1919, 3521.) ARTICLE IV. FUNDING BONDS OF COUNTIES, CITIES, TOWNSHIPS, SCHOOL DIS- TRICTS, ETC. Sec. I Sec. 1042. Bonded debt of counties, cities, etc., may be funded question to be sub- mitted. 1043. Form of ballot. 1044. Duty of county court. 1045. Levy of tax. 1046. Treasurer may purchase, when. 1047. Bonds purchases to be canceled, etc. 1048. Sinking fund, how invested. 1049. State and other bonds may be sold. 1050. Liability of treasurers. 1051. Funds exempt from execution. 1052. Treasurer's commission. Sec. 1042. Bonded debt of counties, cities, etc., may be funded question to be submitted. The various counties in this state for themselves, as well as in behalf of any township or parts of townships for which said counties may have heretofore issued any bonds, and the several cities, villages, incorporated towns and school districts are hereby authorized by their respec- tive county courts, and said cities, villages and incorporated towns by. their proper authorities, and the said school districts by their respective school boards, to fund any part or all of their bonded or judgment indebtedness, including bonds, coupons or any judgment, whether based on bonded or other indebtedness, at a lower rate of interest, and for that purpose may make, issue, negotiate sell, and deliver renewal or funding bonds and with the proceeds thereof pay off, redeem and cancel such judgments or old bonds as the same are called for redemption: Provided, that said funding bonds shall not be sold for less than par value thereof, and that in no case shall the amount of the debt of any such county, township, or parts of townships, city, village, in- corporated town or school district, nor the rate of interest on such debt, be increased or enlarged under the provisions of this chapter; and provided, also, that no funding bonds issued under this chapter shall be payable in less than five nor more than thirty years from date thereof, and that such funding bonds shall be of the denomination of not more than one thous and dollars nor less than one hundred dollars, and shall bear interest not to exceed five per cent, per annum, payable annually or semi-annually, and to this end each bond shall have annexed interest Coupons, and the funding bonds and coupons shall be made payable to bearer: Provided further, that nothing in sections 1042 to 1044, inclusive, shall be so construed as pro- hibiting any county, city, township or school district, that now Revised School Laws. 163 has or may hereafter have a bonded or judgment debt (except as hereinafter provided) from funding or refunding such debt without the submission of the question to a popular vote when ever such funding or refunding can be done at a lower rate of interest than the debts so funded or refunded bore: Provided however, that no indebtedness, judgment or claim founded on bonds or coupons issued in the aid of or in payment for the capital stock of any railroad company shall be funded, nor shall any bonds be issued in lieu thereof or in compromise there for until authorized by a majority of the qualified voters of such county, city, township or parts of townships voting at an election held for that purpose pursuant to an order entered of record by the county court of such county or council or aldermen of such city on petition of at least fifty of the resident taxpayers of such county, city or township, after public notice by advertisement in some weekly newspaper printed and published in such county or city, if there be such paper, and if not, then in such paper nearest to such county or city setting forth the object of the election, for four weeks, and in addition setting forth the object of the election, for four weeks, and in addition posting up ten written or printed hand bills in public places in such county or city, before the time for such proposition to fund its said in- debtedness shall be voted on, w r hich said notice shall contain the object and general nature of the proposition to fund said indebtedness. The election herein provided for shall be held in conformity with the statutes of the state covering state, county or municipal elections. And when such indebtedness has been once compromised and funded, the funding bonds issued in lieu thereof may again be refunded according to the other provisions of this article without such election. (R. S. 1919, 1042.) This section is not unconstitutional because it provides for the issue of bonds payable more than twenty years after the original debt was created. State to use v. Walker, 193 Mo. 693, 92 S. W. 69; State ex rel. v. County Court, 128 Mo. 427, 30 S. W. 103, 31 S. W. 23. 23 Mo. 483; 33 Mo. 440; 36 Mo. 294; 38 Mo. 450; 41 Mo. 453; 44 Mo. 197; 504; 45 Mo. 458; 47 Mo. 349; 48 Mo. 167, 360; 50 Mo. 338, 600; 51 Mo. 479, 522; 54 Mo. 58; 56 Mo. 126; 62 Mo. 188; 67 Mo. 353, 445; 69 Mo. 150, 224; 72 Mo. 329, 496; 85 Mo. 41; 86 Mo. 551; 92 Mo. 511; 93 Mo. 606; 96 Mo. 29; 101 Mo. 136; 106 Mo. 659; 109 Mo. 248; 112 Mo. 126; 113 Mo. 297; 116 Mo. 129; 120 Mo. 577; 121 Mo. 614; 123 Mo. 72; 128 Mo. 427; 45 A. 660; 69 A. 660. Where vote held necessary. 42 Mo. 171; 45 Mo. 242; 48 Mo. 167; 390; 51 Mo. 350; 67 Mo. 445; Irregularities. 33 Mo. 440; 36 Mo. 294; 47 Mo. 349; 48 Mo. 390, 167; 45 A. 660. When void. 48 Mo. 167; 56 Mo. 126; 66 Mo. 498; 67 Mo. 345, 445. Conflict federal and state courts. 72 Mo. 499; 75 Mo. 246; 77 Mo. 573; 106 Mo. 659, A bona fide holder for value has right to presume the issue regular. 51 Mo. 483; 54 Mo. 58; 7 A. 294. Tender. 107 Mo. 50. Dealing with agent, etc. 143 Mo. 13. This section vests the board of directors with authority to refund the bonded indebtedness of the district at a less rate of interest at any time after it, by the terms of the bonds, becomes payable at the option of the board, and before final maturitv thereof. Sec. 1043. Form of ballot. When the proposition to fund any part or all of the bonded indebtedness of any county, city, 164 Revised School Laws. township or parts of townships shall require the assent of the voters thereto and said proposition shall be submitted to the qualified voters of such county, city, township or parts of town- ships, those who favor the proposition to fund such indebtedness may at any election held aforesaid deposit a written or printed ballot in this form: "To fund bonded indebtedness Yes;" and those of the qualified voters at such election who oppose the proposition to fund such indebtedness may deposit a written or printed ballot in this form: "To fund bonded indebtedness No;" and the votes on such proposition shall be taken and the returns thereof made and canvassed in all respects as is or may be provided by law for the election and return of state, county, city or township officers. (R. S. 1919, 1043.) Sec. 1044. Duty of county court. If at the election afore- said a majority of the qualified voters of such county, city, township or parts of townships voting at such election shall vote in favor of funding any part or all of such indebtedness, then the county court of such county, or the authorities of such city, township or townships, shall be fully authorized and empowered to proceed at once to fund any part or all of its indebtedness in conformity with the provisions of this chapter, and for that purpose may employ a financial agent to assist them. (R. S. 1919, 1044.) Sec. 1045. Levy of tax. Any county, city, village, town, township, parts of townships or school district, issuing its bonds for the purpose aforesaid, shall, at the time of issuing the same, provide in the express manner provided by law for the levy and collection of an annual tax sufficient to pay the annual interest on such funding bonds as it falls due, and a sufficient sinking fund for the payment of the principal of such bonds when they become due. (R. S. 1919, 1045.) Sec. 1046. Treasurer may purchase, when. Whenever there may be in the hands of the county treasurer, or the treasurer of any city, town, village, township, or school district, a sum arising out of the proceeds of the tax aforesaid, sufficient to pur- chase one or more of any of the classes of bonds hereinbefore mentioned, the county court or the municipal authorities of the city, town, village, township, or the school board of said school district, shall order the treasurer to purchase such kind of bond or bonds as they may designate. (R. S. 1919, 1046.) Sec. 1047. Bonds purchased to be canceled, etc. All bonds and their coupons so purchased shall have indorsed thereon the date of such purchase and the word canceled in red ink, and shall have not less than six holes punched in each, and a record of such purchase and cancellation, with the date thereof, shall be made by the clerk of such county, city, town, village, town- ship or school district, or, when there may be no clerk of any village or township, then by the clerk of the county court of Revised School Laws. 165 said county, who shall make a like record of the date, number and amount of each of such bonds. And when all of any series of such bonds shall have been so purchased, canceled and de- posited, then the same shall be publicly burned and destroyed in the presence of the county court, clerk, sheriff and at least three citizens of the county, city, town, village, township or school district whose bonds are to be destroyed, and all such other persons that may desire to be present. (R. S. 1919, 1047.) Sec. 1048. Sinking fund, how invested. Whenever the county court, municipal authorities or board of directors of a school district shall decide that it would be more for the interest of the county, city, town, village, township or school district to invest the sinking fund aforesaid in state or United States bonds as aforesaid, instead of county, city, town, village, town- ship or school district bonds, it shall order the treasurer to pur- chase such bonds as it may designate, who shall thereupon pur- chase as soon as possible, as many of such bonds as the fund in his hands will permit, at the lowest and best rates obtainable, and not exceeding the limits to be fixed by such county court, municipal authorities or board of directors; and all such bonds, when purchased, shall be deposited with the treasurer of the county, city, town, village, township or school district, or, when there is no treasurer of any such village or township, then with the treasurer of the county, to be kept until ordered to be dis- posed of as hereinafter provided. (R. S. 1919, 1048.) Sec. 1049. State and other bonds may be sold. Whenever the county court or municipal authorities of any county, city, town, village, or township, or the directors of any school dis- trict, shall deem it to the best interests of such county, city, village, township or school district to sell the United States, state, county, township, city, village or school district bonds which they may hold, and to invest the proceeds in other bonds, they shall order the treasurer to make the sale and purchase, limiting him as to the prices of both sale and purchase, and the treasurer shall thereupon make such sale and purchase agree- ably to the terms and limitations of such order. (R. S. 1919, 1049.) One who deals with a county treasurer in regard to refunding bonds is charge- able with notice of such limitations on his authority as the statute imposes, but should not be charged with notice of details which the law leaves to the discretion of the court. Butler County v. Bank, 143 Mo. 13, 44 S. W. 1047. Sec. 1050. Liability of treasurer. County, city, town, village, township or school district treasurers and their sureties, shall be responsible for the custody, safekeeping and trans- portation of all moneys and bonds coming into their hands, or under their management or control, under the provisions of this article: Provided, that if any county court, or the munic- ipal authorities of any city, town or village, or the directors of 166 Revised School Laws. any school district, shall determine to levy and collect such tax before the expiration of the term of office of their present treasurer they shall, at the time of making such levy, which levy shall be made in the express manner provided by law, also order such treasurer to give an additional bond, with approved security, in a sum not less than the amount proposed to be levied and collected, conditioned that he will safely keep, account for and turn over to his successor in office, all money and bonds by him received under the provisions of this article; and upon his failure to give such additional bond within thirty days, his office shall be vacant. (R. S. 1919, 1050.) Sec. 1051. Funds exempt from execution. No money col- lected nor bonds purchased under the provisions of this article shall be subject to execution, nor liable to be levied upon, taken, sequestered or applied toward paying the debts of such county, city, town, village, township or school district, nor for any other purpose than as is provided for in this article, and the same shall be held and deemed an inviolable sinking fund for the purpose of extinguishing such county, city, town, village, township or school district indebtedness, and for no other purpose: Pro- vided, that any state or United States bonds or money that may be left over after the extinction of all such county, city, town, village, township or school district indebtedness shall be paid into the general revenue fund of such county, city, town, village, township or school district. (R. S. 1919, 1051.) Sec. 1052. Treasurer's commission. The county court or the municipal authorities of any city, town or village or the school directors of any school district, may allow the treasurer all sums necessarily paid by him for brokerage in the purchase or ex- change of bonds, as hereinbefore provided for, not exceeding one per cent upon the amount of money actually paid out by him in the purchase of bonds. (R. S. 1919, 1052.) ARTICLE VI. REGISTRATION OF BONDS. Sec. 1062. Registration of bonds. 1063. Auditor shall register bonds, when. 1064. Compensation of auditor. 1065. Auditor to certify, annually, amount required to pay interest, costs, etc. 1066. May levy larger tax must certify to auditor bonds redeemed. Sec. 1067. Not applicable to certain counties and cities. 1068. Bonds ^to be registered valid de- 1069. Registered bonds lawful security. Sec. 1062. Registration of bonds. It shall be the duty of the clerk, secretary, auditor, or comptroller of any county, city, village, or school district, on the first day of July, A. D., 1897, to furnish the state auditor a statement verified by his oath, of all the bonds and coupons of such county, city, town, village, or Revised School Laws. 167 school district theretofore registered by the state auditor and then outstanding with all the details as to the date of issue and maturity, rate of interest, place of redemption, and purpose for which issued and the said officer shall, annually thereafter, on or about the first day of January, make a statement of the bonds and coupons retired by his county, city, town, village or school district since the last report. The state auditor shall make entry of the bonds so reported as retired, and where bonds registered by the state auditor have been or shall be issued sub- ject to call before maturity, and where such call shall be made, it shall be the duty of the clerk, secretary, auditor, or comptroller, thirty days before the same are payable, to notify the state auditor of the intention of such county, city, town, village or school district to pay off such bonds called and such other de- scription as to fully identify the same. And any such clerk, secretary, auditor, or comptroller of any such county, city, town, village or school district who shall fail to make any statement required by this section, shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not less than ten or more than one hundred dollars. (R. S. 1919, 1062.) Sec. 1063. Auditor shall register bonds, when. Before any bond hereafter issued for any purpose whatever by any county, city, village, school district, township, special or common road district, or by any levee or drainage district organized and incorporated under the laws of this state, shall obtain validity or be negotiated, such bond shall be presented to the state auditor, who shall, if in the issuance thereof all of the conditions of the law have been complied with register the same in a book or books, to be provided for that purpose, and the auditor shall certify, by endorsement, on such bond, that all the conditions of the law have been complied with in its issuance, if such be the case, and that the evidence of that fact has been filed and preserved by him. But such certificate shall be prima facie evidence only of the facts therein stated, and shall not preclude nor prohibit any person from showing or proving the contrary in any suit or proceeding to test or determine the validity of such bond, or the power of the county court, city council, board of aldermen, board of trustees, school board, board of super- visors of any drainage or levee district, the board of commis- sioners of any special road districts, or other authority, to issue such bond; and the remedy by injunction shall also lie at the instance of any taxpayer or the respective city, town, village, school district, township, special or common road district, levee or drainage district, to prevent the registration of any bonds alleged to be illegally issued or funded under any of the pro- visions of this article. (R. S. 1919, 1063.) Sec. 1064. Compensation of auditor. The state auditor shall be paid for registering bonds, as required by the preceding section, the sum of ten cents for each one hundred dollars of the 168 Revised School Laws. face value of the bonds registered; provided, that the fee for registering any issue of bonds shall in no case be less than twenty- five cents. (R. S. 1919, 1064.) Sec. 1065. Auditor to certify, annually, amount required to pay interest, costs, etc. The state auditor shall, annually, on or about the first day of July, certify to the several county courts, city councils, boards of aldermen, boards of trustees, school boards, boards of supervisors or boards of commissioners, the amount required during the next fiscal year to pay maturing interest coupons, together with ordinary costs to the state of collection and disbursement of the same, which amount shall thereupon be levied as a special tax upon all property in such county, city, village, townhip, school district, special or common road district, drainage district, or levee district, and shall be collected with the state revenue and paid over to the treasurer of the county, city, village, township, school district, drainage district or levee district, special or common road district, having issued such outstanding registered bonds, which shall be deposited by such treasurer to the credit of his respective county, city, village, township, school district, drainage district, special or common road district, or levee district, in the bank or banks at which the same are made payable; Provided, that this special tax may be paid in coupons, registered under this article, overdue or maturing during the current fiscal year. (R. S. 1919, 1065.) Sec. 1066. May levy larger tax must certify to auditor bonds redeemed. Nothing herein contained shall prevent any county court, city council, board of aldermen, board of trustees, of any incorporated village, board of directors of any school district, board of superviors of any drainage or levee district, or board of commissioners of any special road district, or other authority, from leVying a larger tax for the payment of matur- ing bonds, or from applying other means to such purpose. It shall be the duty of the treasurer of such county, city, village, township, school district, drainage district or levee district, special or common road district, to certify, at least once in every fiscal year, to the state auditor the several amounts and numbers of bonds and coupons by him or through him redeemed, of his respective county, city, village, township, school district, drain- age district, levee district, common or special road district, as the case may be, and he shall return such bonds and coupons, properly canceled, to prevent their re-issue, to the maker thereof, and the state shall not be deemed in any manner liable on account of any such bonds or coupons. (R. S. 1919, 1066.) Sec. 1067. Not applicable to certain counties and cities. Nothing in the provisions of this article shall be so construed as to include any bonds that have been or may be issued by any county or city having a population of over three hundred thousand in- habitants as established by the last United States census, (R. S. 1919, 1067.) Revised School Laws. 169 Auditor has ho judicial functions to perform; it is his duty to determine whether the bonds are entitled to registration by him. State ex rel. City of Dexter v. Gordon, 251 Mo. 303, 158 S. W. 583. State auditor should be furnished evidence showing that all the conditions of the law have been complied with. State ex rel. Pike Co. v. Gordon, 268 Mo. 321, 188 S. W. 88. State Auditor cannot be compelled to register bonds if they, with existing debt, aggregate an amount in excess of the limit of indebtedness permitted by the Constitution. State ex rel. v. Wilder, 197 Mo. 1. This section applies to bonds issued under what is commonly known as the "township aid act." Unless the bonds are duly endorsed by the state auditor, a holder cannot maintain action thereon. Anthony v. County, 101 U. S. 693. The statute does not call for ju- dicial functions on the part of the state auditor. He is an executive officer, but every executive officer, when called on to act officially, must inquire into and de- termine whether on the facts the law requires him to do one thing or another. Hoff v. County, 110 U. S. 53. Sec. 1068. Bonds to be registered valid defenses. Before any bond, hereafter issued by any county, township, city, town, village or school district or special road district or by virtue of the provisions of articles 1, 2, 3, 4, 5, 8, 9, and 10 of chapter 28, Revised Statutes of Missouri for 1919, for any purpose whatever, shall obtain validity or be negotiated, such bonds shall first be presented to the state auditor, who shall register the same in a book or books, provided for that purpose, in 'the same manner as state bonds are now registered, and who shall certify by endorse- ment of such bond that all conditions of the laws have been com- plied with in its issue, if that be the case, and also that the condi- tions of the contract, under which they were ordered to be issued, have also been complied with and the evidence of that fact shall be filed and preserved by the auditor. Such bonds after receiv- ing the said certificate of the auditor as herein provided, shall thereafter be held, in every action, suit or proceeding in which their validity is, or may be, brought into question, prima focie, valid and binding obligations and in every action brought to enforce collection of such bonds, the certificate of such auditor, or a duly certified copy thereof, shall be admitted and received in evidence of the validity of such bonds, together with the cou- pons thereto attached. Provided, the only defense which can be offered against the validity of such bonds shall be for forgery or fraud. But this section shall not be construed to give validity to any such bonds as may be issued in excess of the limit fixed by the Constitution, or contrary to its provisions, but all such bonds shall, to the extent of such excess, be held void; and pro- vided further, that the remedy of injunction shall also lie at the instance of any taxpayer of the respective city, town, village, township or school district to prevent the registration of any bonds, alleged to be illegally issued or funded under any of the provisions of this article. (R. S. 1919, 1068.) Sec. 1069. Registered bonds lawful security. Any and all bonds registered by the state auditor under the pro- visions of the laws of this state, whereon there is no default in payment of principal or interest, may be accepted as good and 170 Revised School Laws. lawful security for the investment of the capital stock, surplus and reserve funds of any insurance or fraternal benefit society incorporated in or authorized to transact business in this state. The state superintendent of insurance is hereby authorized to accept such bonds as security or pledge in all cases where such pledge or security is required by the laws of this state. Such bonds may be accepted by the state treasurer as security for the deposit of any and all state funds, and by county and city treas- urers as security for the deposit of any and all county and city funds. They shall also be eligible for the investment of any funds in the possession of any administrator, executor, guardian, curator, trustee and all other persons sustaining fiduciary rela- tions. Such investments may be made without an order of court first had and obtained, and without incurring liability for loss, except in case of inexcusable negligence. (R. S. 1919, 1069.) Sec. 1040. Contractors for public work required to give bond. It is hereby made the duty of all officials, boards, commis- sions or agents of the state, or of any county, city, town, town- ship, school or road district in this state, in making contracts for public work of any kind to be performed for the state, county, town, township, school or road district, to require every con- tractor for such work to execute a bond to the state, county, city, town, township, school or road district, as the case may be, with good and sufficient sureties, and in an amount to be fixed by said officials, boards, commissions, commissioners or agents, and such bond, among other conditions, shall be conditioned for the pay- ment of material used in such work and for all labor performed in such work, whether by subcontractor or otherwise. (R. S. 1919, 1040.) City ordinance cannot require enlargement of bond under sections 1040-41. City of St. Louis, to use of Const. & Supply Co. v. Hill-O'Meara Const., 175 Mo. A. 555, 158 S. W. 98; Fellows v. Kreutz, 189 Mo. A. 547, 176 S. W. 1080. A bond given by a 'building contractor, binding him to deliver work according to contract, shows on its face it was made for the benefit of the materialman and laborers as well as for the state. LaCrosse Lumber Co. v. Schwartz, 163 Mo. A. 659, 147 S. W. 501. Trustees were individually liable for failure to take statutory bond. C. A. Burton Machinery Co. v. Ruth, 196 Mo. A. 459, 194 S. W, 526. If contractor pay subcontractor for material furnished he is not liable on his bond for claim of party who sold material to subcontractor. Berger, etc. v. Lloyd, 209 Mo. 681, 108 S. W. 52. Sec. 11416. School loan method of voting. For the pur- pose of purchasing sites for schoolhouses or public library build- ings containing offices of the board in such city school districts, or additional ground attached to sites already owned, and of erecting schoolhouses, library buildings containing offices of the board, and building additions to, remodeling and reconstructing buildings existing at the time of making the loan, and furnishing same, the board of directors shall be authorized to borrow money and issue bonds for the payment thereof in the manner herein provided. The question of loan shall be decided at the biennial Revised School Laws. 171 election for school directors or at a special election ordered by the board of directors of such district, and held at such time and places as the board of directors shall designate. Notice of said election, the amount of the loan required, and for what purpose, shall be given at least twenty days before the same shall be held, by publication in at least two newspapers printed and published in the district where the election shall be held, not less than six days in each week. It shall be the duty of the president and secretary to sign said notices. The qualified voters at said election shall vote by ballot. Those voting in favor of the loan shall have written or printed on their ballots, "for the loan;" those voting against the loan, the words "against the loan;" and if two-thirds of the votes cast shall be "for the loan," the board shall, subject to the restrictions of the following section, be vested with the power to borrow money in the name of the district, to the amount and for the purpose specified in the notices aforesaid, and issue the bonds of the district for the payment thereof. (R. S. 1919, 11416.) Sec. 11445. Warrants to be drawn on appropriate funds. The species of indebtedness must be stated in the warrant, which should be drawn on its appropriate fund; warrants for teachers' wages on the teachers' fund; warrants for the purchase of sites or additional ground attached to sites for erection of school houses, library buildings and additions thereto, and building additions thereto, and building additions to, remodeling and reconstructing buildings existing at the time of making the loan, and furnishing the same, and for an art gallery, museum, on building fund; warrants for interest on bonded indebtedness, on the interest fund; warrants for the payment or redemption of bonds, upon the sinking fund; warrants for all other expenses, on the incidental fund. (R. S. 1919, 11445.) Sec. 11502. Board of regents diplomas and certificates- power to confer to revoke. Each board shall have power and authority to confer upon students, by diploma under the common seal, such degrees as are usually granted by teachers' colleges and normal schools. A state teachers' college diploma conferred upon the completion of any prescribed course of study shall en- title the holder thereof to teach in this state, without further examination, until revoked by the board of regents granting the same or by the county superintendent of public schools, or state superintendent of schools, for incompetency, cruelty, immorality, drunkenness, dishonesty or neglect of duty; boards of regents shall also have the power to grant a certificate upon the comple- tion of a course of study prescribed therefor, which certificate shall entitle the holder thereof to teach in this state for a period of two years from date, unless sooner revoked for one or more of the causes specified. The provisions of this section shall apply to the school of education of the university of Missouri and to Lin- coln institute. (R. S. 1919, 11502.) 172 Revised School Laws. Sec. 11505. Board of regents annual report. The presi- dent of each board shall make an annual report to the state superintendent of public schools, in the month of August in each year, of all receipts of moneys from appropriations, incidental fees, and all other sources, and the disbursements thereof, and for what purposes, and the condition of said teachers' college. (R. S. 1919, 11505.) Sec. 11507. Duties of the secretary compensation. The secretary of each board shall keep and preserve all records, books and papers belonging to the board. He shall keep a journal of the proceedings of the board, in which the ayes and noes on all questions shall be entered, if requested by any one member of the board. He shall prepare, under the direction of the board, all reports and estimates, and do and execute all such matters and things as belong to his office. He shall, annually, in the month of August, transmit to the state superintendent the names of all those receiving diplomas or certificates, with residences and dates of issue; and the state superintendent shall annually, in the month of September, forward to each county superintendent of schools a printed list of persons holding a state certificate in force, and those authorized to teach under the provisions of sec- tion 11502, giving names, residences, dates of qualification and by whom conferred, and the date each state teachers' college certificate expires, and the holder of such state certificate, state teachers' college diploma or state teachers' certificate shall, before commencing to teach a public school, notify the county superin- tendent of public schools of such fact, giving date of qualifica- tion and by whom conferred. The compensation of the secretary shall be fixed by the board, and shall in no case exceed fifty dollars per annum. (R. S. 1919, 11507.) Sec. 11558. Selling liquor to students penalty. Any per- son who shall knowingly sell, give or in any manner dispose of any intoxicating liquor to any student of the university of the state of Missouri, or of any school or college or academy in this state, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than forty nor more than four hundred dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both such fine and imprisonment: Provided, that it shall be lawful for druggists to sell or give such liquor to any student, upon the written prescription of a regular practicing physician in good standing: Provided, that nothing in this section shall be so construed as to apply to any mercantile or business college. (R. S. 1919, 11558.) Revised School Laws. 173 PROVISIONS OF THE CONSTITUTION OF MISSOURI ARTICLE VIII SUFFRAGE. Sec. 2. *Every male citizen of the United States, and every male person of foreign birth who may have declared his inten- tion to become a citizen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people: First He shall have resided in the state one year imme- diately preceding the election at which he offers to vote. Second He shall have resided in the county, city or town where he shall offer to vote at least sixty days immediately pre- ceding the election. Sec. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in service, either civil or military, of this state or of the United States, nor while engaged in the navigation of the waters of the state or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poorhouse or other asylum at public expense, nor while confined in public prison. Sec. 8. No person, while kept at any poorhouse or other asylum, at public expense, nor while confined in any public prison, shall be entitled to vote at any election under the laws of this state. Sec. 11. No officer, soldier or marine, in the regular army or navy of the United States, shall be entitled to' vote at any election in this state. Sec. 12. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state one year next preceding his election or appointment. ARTICLE X TAXATION. Sec. 11. Taxes for county, city, town and school purposes may be levied on all subjects and objects of taxation; but the valuation of property therefor shall not exceed the valuation of the same property in such town, city or school district for state and county purposes. For county purposes the annual rate on property, in counties having six million dollars or less, shall not, *The following amendment has been added to the Constitution of the United States: "The right of citizens of the United States to vote shall not be denied or abridged' by the United States or by any state on account of sex." 174 Revised School Laws. in the aggregate, exceed fifty cents on the hundred dollars valua- tion; in counties having six million dollars and under ten million dollars, said rate shall not exceed forty cents on the hundred dollars valuation; in counties having ten million dollars and under thirty million dollars, said rate shall not exceed fifty cents on the hundred dollars valuation, and in counties having thirty million dollars or more, said rate shall not exceed thirty-five cents on the hundred dollars valuation. For city and town purposes, the an- nual rate on property in cities and towns having thirty thousand inhabitants or more shall not, in the aggregate, exceed one hun- dred cents on the hundred dollars valuation; in cities and towns having less than thirty thousand and over ten thousand inhabit- ants, said rate shall not exceed sixty cents on the hundred dol- lars valuation; in cities and towns having less than ten thousand and more than one thousand inhabitants, said rate shall not ex- ceed fifty cents on the hundred dollars valuation, and in towns having one thousand inhabitants or less, said rate shall not ex- ceed twenty-five cents on the hundred dollars valuation. For school purposes in districts composed of cities, which have one hundred thousand inhabitants or more, the annual rate on prop- erty shall not exceed sixty cents on the hundred dollars valuation, and in other districts forty cents on the hundred dollars valu- ation: Provided, the aforesaid annual rates for school purposes may be increased in districts formed of cities and towns to an amount not to exceed one dollar on the hundred dollars valuation and in other districts to any amount not to exceed sixty-five cents on the hundred dollars valuation, on the condition that a majority of the voters who are taxpayers, voting at an election held to decide the question, vote for said increase. For the purpose of erecting public buildings in counties, cities or school districts, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people and two-thirds of the qualified voters of such county, city or school district voting at such election shall vote therefor. The rate herein allowed to each county shall be ascertained by the amount of taxable property therein, according to the last assess- ment for state and county purposes, and the rate allowed to each city or town by the number of inhabitants, according to the last census taken under the authority of the state or the United States; said restrictions as to the rates shall apply to taxes of every kind and description, whether general or special, except taxes to pay valid indebtedness now existing or bonds which may be issued in renewal of such indebtedness: Pro- vided, that the city of St. Louis may levy for municipal purposes, in addition to the municipal rate of taxation above provided, a rate not exceeding the rate which would be allowed for county purposes if said city were part of a county. Sec. 12. No county, city, town, township, school district or other political corporation or subdivision of the state shall be Revised School Laws. 175 allowed to become indebted in any manner, or for any purpose, to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof, voting at an election to Be held for that pur- pose; nor in cases requiring such assent shall any indebtedness be allowed to be incurred to an amount, including existing indebted- ness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes, previous to the incurring of such indebtedness: Provided, that with such assent any county may be allowed to become indebted to a larger amount for the erection of a courthouse or jail; and provided further, that any county, city, town, township, school district, or other political corporation or subdivision of the state, incurring any indebtedness requiring the assent of the voters aforesaid, shall before or at the time of doing so provide for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for payment of the principal thereof, within twenty years from the time of contracting the same. The aggregate taxable value of all property in the school district includes merchants' and manufacturers' licenses. 264 Mo. 646. ARTICLE XI EDUCATION. Section 1. A general diffusion of knowledge and intelli- gence being essential to the preservation of the rights and liber- ties of the people, the general assembly shall establish and main- tain free public schools for the gratuitous instruction of all persons in this state between the ages of six and twenty years. Sec. 2. The income of all the funds provided by the state for the support of free public schools shall be paid annually to the several county treasurers, to be distributed according to law; but no school district in which a free public school has not been maintained at least three months during the year for which the distribution is made shall be entitled to receive any portion of such funds. Sec. 3. Separate free public schools shall be established for the education of children of African descent. Sec. 4. The supervision of instruction in the public schools shall be vested in a "board of education," whose powers and duties shall be prescribed by law. The superintendent of public schools shall be president of the board; the governor, secretary of state and attorney-general shall be ex officio members, and, with the superintendent, compose said board of education. Sec. 5. The general assembly shall, whenever the public school fund will permit, and the actual necessity of the same may require, aid and maintain the state university now established, with its present departments. The government of the state 176 Revised School Laws. university shall be vested in the board of curators, to consist of nine members, to be appointed by the governor, by and with the advice and consent of the senate. Sec. 6. The propeeds of all lands that have been or here- after may be granted by the United States to this state, and not otherwise appropriated by this state or the United States; also, all moneys, stocks, bonds, lands and other property now belong- ing to any state fund for purposes of education; also, the net pro- ceeds of all sales of lands and other property and effects that may accrue to the state by escheats, from unclaimed dividends and distributive shares of the estates of deceased persons; also, any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this state (if congress will consent to such appropriation); also, all other grants, gifts or devises that have been or hereafter may be made to this state, and not otherwise appropriated by the state or the terms of the grant, gift or devise, shall be paid into the state treasury and securely invested and sacredly preserved as a public school fund; the annual income of which fund, together with so much of the ordinary revenue of the state as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the state university in this article provided for, and for no other uses or purposes whatever. Sec. 7. In case the public school fund now provided and set apart by law for the support of free public schools shall be insufficient to sustain a free school at least four months in every year in each school district in this state, the general assembly may provide for such deficiency in accordance with section eleven of the article on revenue and taxation, but in no case shall there be set apart less than twenty-five per cent, of the state revenue, exclusive of the interest and sinking fund, to be applied annually to the support of the public schools. Sec. 8. All moneys, stocks, bonds, lands and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and for- feitures, and of all fines collected in the several counties for any breach of the penal or military laws of the state, and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and be securely invested and sacredly preserved in the several counties as a county public school fund; the income of which fund shall be faithfully ap- propriated for establishing and maintaining free public schools in the several counties in this state. Sec. 9. No part of the public school fund of the state shall ever be invested in the stock or bonds or other obligations of any other state, or of any county, city, town or corporation; and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund shall be in- vested in the bonds of the state of Missouri or of the United States. Revised School Laws. Ill Sec. 10. All county school funds shall be loaned only upon unencumbered real estate security of double value of the loan, with personal security in addition thereto. Sec. 11. Neither the general assembly nor any county, city, town, township, school district or other municipal corpora- tion shall ever make an appropriation, or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town or other municipal corporation, for any religious creed, church or sectarian purpose whatever. New School Laws Enacted by the 51st General Assembly of the State of Missouri, 1921. Page High schools for colored children, S. B. 63 177 Instruction relating to care and hygiene of teeth, H. B. 432 181 Ninth and tenth grades taught in the local school districts, H. B. 325 182 Negro inspector for schools, H. B. 487 ; . 183 The county unit bill, H. B. 128 183 Rehabilitation of disabled persons, H. B. 494 196 Provision for physical education, H. B. 515 197 Missouri school for the blind and Missouri school for the deaf classed as edu- cational institutions, H. B. 521 200 Establishing county library districts and free county libraries, H. B. 383. . . . 207 [S. B. 63.] HIGH SCHOOLS FOR COLORED CHILDREN. AN ACT authorizing the establishment of high schools for colored children in all counties in this state, which now have or may hereafter have a population of more than one hundred thousand inhabitants, and which now have or may hereafter have a population of less than two hundred thousand inhabit- ants, and to provide for such high school training for all such colored children in such counties by attendance at a colored high school in an adjoining city or county until a county colored high school is provided under this act; and to provide for the payment of tuition for children attending the colored high school outside of the county in which such children reside, repealing acts in conflict herewith and with an emergency clause. Sec. 1. Counties having a certain population. 2. Who may enter and how tuition. Sec. 4. Provide training in adjoining counties or cities. 3. How governed and maintained. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Counties having a certain population. In counties not or hereafter having a population of one hundred 178 Revised School Laws. thousand inhabitants or more, and which now or may hereafter have a population of less than two hundred thousand, the school districts in such counties having colored children of school age residing therein and now or hereafter maintaining high schools for white children, for the sole purpose of giving to the colored children in such counties equal high school facilities with the white children, shall be and they are hereby created a colored consolidated county high school district, and shall be known as the colored consolidated county high school district of county, and shall by such name have the power to sue and be sued, and have the same powers and authority, and be governed by the laws now, or hereinafter provided, governing city and town school districts, and the directors of the school districts comprising such consolidated high school district shall consti- tute the directors of such colored consolidated county high school district. Each district constituting said colored consolidated county high school district shall have one vote at the meeting of the directors of such colored consolidated county high school district, the directors attending being entitled to cast the vote for their district, and a majority vote of the directors in attend- ance from each district shall determine the vote of such district. A quorum shall be deemed present when a majority of the dis- tricts are represented. Such directors shall meet pursuant to a call for a meeting issued by the county school superintendent and organize by the election of a president, vice-president, secretary and treasurer. If a less number than a quorum of directors shall attend the organization meeting called by the county school superintendent, those present may perfect the organization, as herein provided. The president shall only vote in case of a tie, but he shall decide all tie votes. Such colored high school shall be located by the directors of the colored con- solidated county high school district in such school district as will be most centrally located, as well as most conveniently located for transportation facilities for the largest number of possible students of such colored consolidated county high school district; provided, that such location shall be approved by the board of directors of the district in which it Is proposed to locate such colored high school, and if such local board of directors object to the location, it shall require a two-thirds vote of the directors of the colored high school district; and such director shall provide for school site, erection of school buildings, furnish- ing same, providing teachers and incidental expenses, and any other expense incident to the maintenance of said colored high school in the same manner as white high schools are conducted in such counties as is now provided by law for city or town school districts. The expenses of acquiring site, erecting and furnish- ing said buildings, and of maintaining said colored high school shall be apportioned among the several districts composing said colored high school district according to the enumeration of col- ored children of school age for the preceding year, Elections to Revised School Laws. 179 authorize the issuance of bonds to provide necessary site, build- ings and furnishing same may be called by the board of directors of said colored condolidated county high school district Tm its own motion and a special election shall be called by the directors of such colored consolidated high school district on a petition presented to them signed by twenty-five, or more, citizens residing in such colored consolidated county high school district. At such special election there shall be one polling place in each school district comprising such colored consolidated county high school district, which shall be at the high school building in such district. The polls shall be open from 7 o'clock a. m. to six o'clock p. m. and the board of directors of said colored con- solidated county high school district shall appoint three judges and two clerks for each polling place and it shall require the favorable vote of two-thirds, or more of them voting at such special election in said colored consolidated county high school district to authorize the issuance of said bonds. The bonds shall be in the following form, to wit: Colored consolidated county high school district of county. Proposition to issue bonds in the sum of $ for the purpose of For the loan Against the loan Scratch the one you do not wish to vote. Sec. 2. Who may enter and how tuition. Any colored person of school age, who is a resident of a school district, which does not offer a four year high school course, and which colored person has completed the course approved by the department of public instruction for such school district, shall be permitted to attend the colored consolidated county high school in such county, as herein provided for. Any colored person applying for permission to enter colored high school under the provisions of this act shall present to the officials of such colored high school which he desires to attend the affidavit of his or her father, mother or guardian, that such applicant is of school age and a resident of a school district of said county, specifying the district and that the district in which he resides does not offer a four year high school course. He shall also present a certificate signed by the county superintendent showing that he has completed the work in the eight elementary grades as set forth in the state course of study; provided, that when a non-resident pupil, attending the colored consolidated county high school fails to meet the require- ments established by the board of education of said district in carrying out a high school course of study, said pupil may be denied further admission after due notice in writing of said failure to his or her father, mother or guardian; said notice to be made by the high school principal at least thirty days prior to the date in which the pupil may be denied the right to further attendance, unless the requirement be one of discipline. The school district 180 Revised School Laws. in which such student resides shall pay to the secretary of the school board of the district in which such student shall be per- mitted to attend, a tuition fee equal to the average cost per pupil for maintaining said high school, which shall not exceed, however, a total period of four years; one-half of the tuition fee shall be paid at the beginning of the first high school semester each year, and one-half at the beginning of the second semester; if the pupil attends lessthan a full semester, the colored consolidated county high school district shall be entitled to the full tuition fee for the given semester; such payment to be made out of the teacher's and incidental funds of the debtor school district, and such tui- tion fees so collected by the secretary shall be turned over by him with an itemized statement to the treasurer of said colored consolidated county high school district. Sec. 3. How governed and maintained. Otherwise, and as herein provided, the colored consolidated county high school district shall be governed by the laws now or hereafter applicable to city and town school districts. When the voters of any school district have voted the maximum levy for school purposes, as provided in section 11, article 10 of the Constitution of Missouri, and said school district shall not have sufficient funds to main- tain their public schools within the general average cost per pupil for all the schools within the county, the county court shall pay out of the incidental funds of the county treasury, the tuition of pupils attending the colored consolidated county high school from said district. Sec. 4. Provide training in adjoining counties or cities. Until such time as a colored consolidated county high school has been furnished, as provided herein, any colored person of school age, who is a resident of such county and shall have completed the course approved by the department of public instruction for the school districts in such county, such person'shall be permitted to attend any public colored high school in any adjoining city or county, when said pupil has met all requirements laid down by the board of education in carrying out a course of study for said high school. Any colored person applying for permission to any colored high school, under the provisions of this act, shall present to the officials of such colored high school to which he desires to attend, the affidavit of his or her father, mother or guardian that such applicant is of school age and a resident of the school district of said county, specifying the district, and that the dis- trict in which he resides does not offer a four-year high school course for colored persons. He shall also present a certificate signed by the county superintendent showing that he has com- pleted the work in the eighth elementary grade, as set forth in the state course of study. The school district in which such student resides shall pay to the secretary of the school board in the district in which such student shall be permitted to attend a tuition fee equal to the average cost per pupil for maintaining Revised School Laws. 181 said colored high school during such attendance, which shall not exceed, however, a total period of four years; one-half of said tuition to be paid at the beginning of the first semester and one- half at the beginning of the second semester, when the school board of the school district in which said pupil resides has re- ceived a written statement of the attendance of said pupil from any person authorized by said school board to issue said state- ment; if the pupil attends less than a full semester, the school district attended shall be entitled to the full tuition for the given semester; provided, that when any school district voting the maximum levy of school purposes, as provided in section 11, article 10 of the Constitution of Missouri, shall not have sufficient funds to maintain their public schools within the general average cost per pupil for all the schools within the county, the county court shall pay out of the incidental funds in the county treasury the tuition of pupils attending a colored high school from said school district; such payment to be made out of the teacher's and contingent funds of the debtor school district, and such tuition fees so collected by the secretary shall be turned over by him, with an itemized statement, to the treasurer of said school district. Approved March 28, 1921. (H. B. 432.) INSTRUCTION RELATING TO CARE AND HYGIENE OF TEETH. AN ACT to secure competent instruction in the public schools of the state of Missouri on the care and hygiene of the teeth and their relation to the general health. Sec. 1. Chapter edited in physiology on dental hy- Sec. 2. A misdemeanor to use any other textbook. giene by competent committee. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Chapter edited in physiology on dental hygiene by competent committee. That a chapter or chapters on dental hygiene be required in all text books on physiology used in the public schools of the state of Missouri. That said chapter or chap- ters shall convey the proper knowledge to the pupil on the care, function, and relation of the teeth to the general health. The aforesaid chapter or chapters in said text books shall be edited or approved by a competent committee composed as follows: It shall consist of five members, three of whom shall be selected by the state dental society, one by the state board of health, and one by the state superintendent of schools, arid they shall serve without compensation. Sec. 2. A misdemeanor to use any other text book. For the purpose of carrying out the intent of this act, it shall be un- lawful, on and after the first day of July, 1922, to sell in this state for use in the public schools, any text book on physiology which 182 Revised School Laws. does not contain the aforesaid chapter or chapters; and the offer- ing for sale of any text book on physiology in violation of the above sections shall be a misdemeanor: Provided, that such chapter or chapters may be sold by any publisher or dealer in pamphlet form in any case where a school district has in use any text book which may not be changed under the law for a certain period of time. Approved March 28, 1921. (H. B. 325.) NINTH AND TENTH GRADES TAUGHT IN LOCAL SCHOOL DISTRICTS. AN ACT providing that subjects of the ninth and tenth grade school work may be taught in local school districts and pre- scribing the conditions under which the same may be taught. Sec. 1. Board of directors may provide or by Sec. 2. Emergency clause. petition. Be it enacted by the General Assembly of the State oj Missouri, as follows: Section 1. Beard of directors may provide or by petition. Whenever a school district within this state contains three or more children who have completed the eight elementary grades of school work, the board of directors may provide for the teach- ing of the ninth end tenth grade work. If the board of directors of the school district, after being requested to provide for the teaching of the ninth and tenth grades, for three or more chil- dren, entitled to take said grades, refuse, then upon the filing of a petition 15 days before the annual school meeting with the clerk of the district, by ten or more qualified voters residing in said school district, directed to said board of directors, the board of directors shall provide for the teaching of said grades; provided that when such schools do comply with the same regulations regarding qualifications of teachers and equipment as prescribed by the state superintendent of public schools for schools of the third class, that the graduates of such schools shall be entitled to credit for such ninth and tenth grade high school work. Pro- vided further, that funds voted at the annual school meeting, together with the amount of money received from the state, as provided by section 11211, will be sufficient to employ a qualified teacher. Sec. 2. Emergency clause. The fact that the annual school election will occur within ninety days after the close of this session and that there is now no adequate provision under the law by which this act may be put into operation before said election creates an emergency within the meaning of the Constitu- tion; therefore this act shall be in effect on and after the date of its passage. Approved March 19, 1921. Revised School Laws. 183 (H. B. 487.) NEGRO INSPECTOR FOR SCHOOLS. AN ACT creating the office of negro inspector of schools and prescribing the duties thereof. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Appointed by state superintendent of schools. There is hereby created the office of state negro inspector of negro schools, whose duty it shall be to inspect the negro schools of this state under the appointment and direction of the state superintendent of schools. The salary of said inspector shall be the same as that of other state school inspectors. Approved March 31, 1921. (H. B. 128.) THE COUNTY UNIT LAW. Referred to the people. To become operative if favorably acted upon by the voters in November, 1922. AN ACT creating a county school district in each county of the state, establishing a county board of education, prescribing the manner of election and term of office of its members, defin- ing the powers and duties of said county board, and designat- ing all school districts contained therein and as at present organized, as local school districts, and conferring upon them all the privileges, powers, and duties now conferred upon said school districts and their respective boards of directors that are not by this act conferred upon the county school district and its county board of education; also re- pealing all acts and parts of acts in conflict with this act. Sec. 1. 2. 3. 4. 5. 6. 10. 11. 12. 13. 14. 15. 16. Accredited first class high schools exempt. Present local school districts maintained. County board of education. Who are eligible to be members of county board. Manner of electing county board. County clerk to publish names of candi- dates for county board. County clerk shall send ballots with alpha- betical lists of candidates to local districts. Duty of county clerk. Members of county board elected by whom when how long. Duties of voters and election officers. Time of first election term of elected members, etc. Publication expenses, how paid. County board members to take oath, organize, and elect officers. County board shall meet where, when how often quorum vacancies, how filled, etc. Allowance for services of county board, mileage, how paid. Powers and duties of county board. First Appoint county superintendent of schools qualification salary may be discharged expenses provided. Sec. 16. Second Teachers how selected. Third Elect assistants and fix pay. Au- thority of state superintendent. Fourth Care for school property, etc. Fifth Change boundary lines combine local districts. Sixth High schools instruction. Seventh Prepare budget publish same expenses how paid. Eighth Levy tax, etc. Ninth Borrow money purchase school necessities, etc. Tenth Make rules receive reports and records. Eleventh Furnish supplies provide li- brary. Twelfth Select textbooks free text- books when. Thirteenth Ascertain indebtedness levy tax. 17. County board to submit report to state superintendent, 17a. State aid granted accredited first class high schools when. 17b. State aid granted county school districts when. 18. Official records become property of county school districts. 184 Revised School Laws. Sec. 19. Title of school property of component dis- tricts, vested in county school district. 20. Any school district or part of same may come under county unit how. 20a.Any part of a county school district may become a part of a high school district or consolidated high school district, how. 21. Schools for colored children how pro- yided. 22. Power of county board. 23. Moneys from taxes how handled. Sec. 24. County superintendent and assistants duties prescribed by county board how paid, etc. 25. Local school board to submit budget to county board. ^ 26. Privileges and powers of local school dis- tricts and boards. 27. Districts exempt. 27a. Unconstitutionality of any one part af- fects no other. 28. Repealing inconsistent acts. Be it enacted by the General Assembly of the State o/ Missouri, as follows: Section 1. Accredited first class high schools exempt. For the purpose of general administration of the public schools and of taxation for school maintenance and building purposes, all school districts, as now established and designated in section 11123, Revised Statutes of Missouri, 1919, in every county, except school districts maintaining an accredited high school of the first class at the time of the taking effect of this act, in accord- ance with the present rules, regulations and standards as now fixed by the state superintendent of schools under the provisions of sections 11337 and 11338 Revised Statutes of Missouri, 1919, shall be combined into one school district to be known and desig- nated as the county school district of county, state of Missouri. Sec. 2. Present local school districts maintained. For the purpose of local school administration, the county school dis- trict shall be divided into local school districts as such districts now exist. Local school districts shall be defined to include all school districts except such districts as maintain a first class high school as provided for in section 1 of this act. Sec. 3. County board of education. There is hereby created in each and every county in the state a county board of education to be composed of six members. Sec. 4. Who are eligible to be members of county board. Each person elected or appointed on the county board of educa- tion shall be a citizen of the United States and of the state of Missouri and shall have resided in said state for at least one year prior to his election and shall be a resident of the county in which he is elected, and a resident of the county school district for at least six months, and shall be able to read and write the English language and shall have paid a state and county tax for the year next preceding his election, and shall not be less than twenty- five years of age. Sec. 5. Manner of electing county board. Any person, qualified under this law, may become a candidate for election on the county board of education by filing his announcement with the clerk of the county court at least twenty days before the Revised School Laws. 185 annual school election and said clerk shall file the announce- ments and print all names of candidates in all notices of election and on all ballots in alphabetical order. Not more than one member of said board shall be elected from any one municipal township unless the county contains fewer than six townships, in which case two members may be elected from any one town- ship, and not more than three of said members shall be elected from one judicial district of the county as divided for the election of county judges of the county. In the event no announcements for the county board of education are filed with the county clerk, as required herein, then the voters of the local school district, at their annual school meetings, may vote for any persons, qualified under this law, for members of the county board of education, and the six persons having the highest number of votes, in accord- ance with the above provision of this section, shall be declared elected as the first county board of education, and in subsequent elections the same procedure shall be had for such members of the board, as shall be necessary to elect. Sec. 6. County clerk to publish names of candidates for county board. The county clerk shall publish in alphabetical order the names, postoffice addresses, and townships of all per- sons filing for election in two newspapers of the county, for two consecutive weeks prior to the day of holding the annual local district election, provided that if only one newspaper be published in the county, the publication required by this section shall be made in such newspaper. Sec. 7. County clerk shall send ballots with alphabetical lists of candidates to local districts. At least ten days before the annual school election, the county clerk shall arrange in alphabetical order the names of the persons filing for election with the name of the township in which each resides, and cause the same to be printed on the official ballot, and sent by mail or otherwise to the clerk of each local district a number of official ballots equal to two times the estimated number of qualified voters in the local school district. The official ballots shall not contain any party emblem, name, title, or designation. . Sec. 8. Duty of county clerk. Whenever the county board of education or the county court has certified to the clerk of the county court any proposition to be voted upon or election to be held under the provisions of this act, it shall be the duty of such clerk of the county court to prepare and distribute ballots, and blank certificates for each and every election that may be held under the provisions of this act, shall be as now provided for the holding of the annual school meeting in the local school district. Sec. 9. Members of county board elected by whom how long. The members of the county board of education shall be elected by the qualified voters of the county school district, voting at the annual school election held at two o'clock in the 186 Revised School Laws. afternoon of the first Tuesday in April of each year. Said mem- bers so elected shall hold their office for three years and until their successors are elected and qualified, except those elected at the first election in 1921 and those elected to fill unexpired terms. Sec. 10. Duties of voters and election officers. The vot- ing for membership on the county board of education shall be by ballot and no ballots shall be used except the official ballots furnished by the county clerk in the manner hereinbefore pro- vided. Each qualified voter of the county school district shall be entitled to vote for as many members of the county board of education as there are vacancies to be filled. The voter shall draw a line through the name or names of all candidates appear- ing on said ballot except the names of the candidates for whom he desires to cast his vote. It shall be the duty of the chairman and clerk of the annual school meeting to cast up the result of said election, announce the number of votes received by each of said candidates and cause the same to be entered upon the records of the proceedings of said annual meeting. The chairman and clerk shall make out upon a blank certificate to be furnished by the county clerk at the time official ballots are distributed, the number of votes cast for each candidate, and within five days after the holding of such election transmit by mail or otherwise to the clerk of the county court said certificate, together with all ballots voted at said election. Such certificates shall be signed by the chairman and clerk of the election and a copy of this certificate properly signed shall be filed with the clerk of the local district. It shall be the duty of the county clerk within ten days after the annual election to call to his assistance two justices of the peace or two qualified voters of the county, who together, shall cast up the vote. The county clerk shall issue commissions to the per- sons elected, for which he shall receive a fee of one dollar for each commission issued, to be paid out of the incidental fund of the county school district. Sec. 11. Time of first election term of elected members, etc. The first election for members of the county board of educa- tion held under the provisions of this act, shall be held on the third Tuesday in August, 1921, at two o'clock in the afternoon, at which time six members shall be elected. The county clerk shall cast up the returns as provided in section 10 of this act. The two members receiving the highest number of votes shall serve until April 1, 1924, the two members receiving the next highest number of votes shall serve until April 1, 1923, and the two receiving the next highest number of votes shall serve until April 1, 1922. Announcements for members of the county board of education to be elected in August, 1921, shall be made in the manner provided in sections 5 and 6 of this act, except that the county clerk shall give notice of such announcements twenty days prior to the third Tuesday in August, 1921, and at least ten days prior to the third Tuesday in August. 1921, the county Revised School Laws. 187 clerk shall arrange the official ballots and distribute them in the manner provided in section 7 of this act. Sec. 12. Publication expenses how paid. Prior to July 1, 1922, the expenses of the publication of names of persons nominated as candidates for membership on the county board of education and the cost of printing and distributing the official ballots and all other expenses incurred by the county clerk in carrying out the provisions of this act shall be paid from the general county revenue fund. In all elections subsequent to July 1, 1922, the cost shall be paid out of the incidental fund of the county school district. Sec. 13. County board members to take oath, organize, and elect officers. The members of the county board of educa- tion, elected as herein provided, shall meet at the county seat on or before the fourth Saturday in August, 1921, take and sub- scribe to an oath or affirmation, which oath or affirmation may be administered by each other, and shall be as follows: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of Missouri, and that I will faithfully and impartially discharge the duties of a member of the county board of education of the county of , state of Missouri to the best of my ability, accord- ing to law, so help me God." Said board shall then organize by electing one of its members president. The county superintend- ent of schools shall be the secretary and executive officer of the board. The county treasurer shall be the treasurer of the county board of education. The county board of education shall keep an official seal with which to attest its official acts. Sec. 14. County board shall meet, where when how often quorum vacancies how filled, etc. The county board of education shall meet at least four times a year and oftener, if necessary, upon call of the president of the board or of any four members. The four regular meetings of the board shall be held at the county seat on the last Saturday of February, May, August, and November. Four members shall constitute a quo- rum for transaction of business. If one or more vacancies occur in the membership of the county board of education by death, resignation, refusal to serve, repeated neglect of duty, removal from the township where elected or from the county school dis- trict, or for any reason, the remaining members shall, before transacting any official business, appoint one or more suitable persons to fill such vacancies until the next annual school elec- tion. In the event that the entire board should become dis- qualified for any of the reasons hereinbefore stated, the county court shall within thirty days appoint successors thereto, who shall serve until the next annual election. At the annual meet- ing on the last Saturday in May, the board shall reorganize and the newly elected members shall take the oath as prescribed in section 13 of this act. 188 Revised School Laws. Sec. 15. Allowance for services of county board mileage how paid. The members of the county board of education shall receive for their service on this board a per diem allowance of not exceeding five dollars for each day. Said per diem allow- ance shall not exceed fifteen days actual service in any calendar year, and also a mileage allowance of ten cents per mile each way for each mile traveled from the residence of the board mem- ber to the place of meeting of the county board. Said expenses shall be paid from the incidental fund of the county school dis- trict provided, however, that prior to July 1, 1922, the compensa- tion and traveling expenses of the county board of education and all other expenses incurred by said county board in the trans- action of its official business shall be paid by the county court from the general revenue fund of the county and, within six months after July 1, 1922, the county board of education shall, out of the incidental fund of the county school district, reimburse the county court for all moneys paid out under the provisions of this section. Sec. 16. Powers and duties of county board. The county board of education shall have power and it shall be its duty: First: Appoint county superintendent of schools qualifica- tion salary may be discharged expenses provided. To ap- point a county superintendent of schools for a term not to ex- ceed four years. Said superintendent shall be not less than twenty-four years of age, a legally qualified teacher, a citizen of the United States, and shall have taught or supervised schools as his chief work during at least two years. The minimum salary of the county superintendent shall be determined as provided in section 11352 and section 11353, Revised Statutes of Missouri, 1919; provided, that the county superintendents now serving in the various counties shall receive a salary not less than that now paid, and that they shall continue to serve until the expiration of the time for which they were elected, or until their successors are elected and qualified, and shall be eligible to reappointment under this act. The county superintendent of schools may be discharged by the said county board upon charges preferred in writing for violation of contract, inefficiency or other just cause; provided, not fewer than four members of the county board of education vote in favor of such discharge. The county board shall pro- vide for all office and traveling expenses of the county superin- tendent and his assistants, and prescribe such duties as they deem necessary in addition to those prescribed by article 2, chapter 102, Revised Statutes of Missouri, 1919; provided further, that the board may supplement the salary of the county superin- tendent from the teachers' fund. Second: Teachers how selected. To contract with the teachers of the respective local districts and fix salaries in accord- ance with a prescribed published classified salary schedule which Revised School Laws. 189 shall be determined on the basis of (a) academic scholarship, (b) professional training, (c) successful esperience in teaching. For the purpose of determining salaries, the county superintendent of schools, with the approval of the county board of education, shall classify the teachers according to a salary schedule previous- ly adopted by the county board of education. Provided, that the directors of each local district shall select their own teacher or teachers from an eligible list furnished by the county superin- tendent of schools. Third: Elect assistants and fix pay authority of state superintendent. To elect, on nomination of the county superin- tendent of schools, such assistants, supervisors, attendance officers and other employees of the county district as in the judg- ment of the county board niay be necessary for the efficient administration of the school system, prescribe their duties and fix their conpensation. The state superintendent of public schools is hereby given full authority to prescribe the academic and professional standards of preparation for county superin- tendents of schools, their assistants and supervisors. Fourth: Care for school property, etc. To have super- visory power over the care and keeping of all school property situated within the county school district; to co-operate and advise with the board of directors of the local districts and the county officers having to do with the administration of the schools. Fifth: Change of boundary lines combine local districts. -To change boundary lines of local school districts whenever in its judgment it becomes necessary; to combine two or more local board school districts when needed for elementary or high school purposes. Sixth: High schools instruction. To establish, govern, and maintain such high schools as said board may deem neces- sary. The board shall have power to rent or lease any suitable building for high school or elementary school purposes where needed and pay for the same out of the incidental fund of the county school district; to sell all school property no longer used or needed for school purposes and place the money resulting from such sale to the credit of the building fund of the county school district; to purchase sites; to condemn sites as now pro- vided by law in condemnation proceedings. Provided, that when no high school maintained by the county school district is con- venient, the parents or guardians of all children entitled to high school instruction, shall be consulted and their wishes shall pre- vail as to the high school the said pupils may attend, and the county board of education shall make full provisions for the four year high school education of all eighth grade graduates of the 'county school district, (a) by assigning the pupils to any high school in the county school district, in which case, no tuition 190 Revised School Laws. shall be paid; (b) by assigning the pupils to any city or town high school, or to the demonstration school department of the state university or any state teachers college or other schools maintain- ing the rank of a first-class high school where satisfactory arrange- ments can be made, in which case the board shall pay only the actual tuition cost out of the teachers fund of the county school district, provided further, any county board may arrange for the transportation of the pupils and pay the cost thereof out of the incidental fund. When the best interests of the children will be served thereby, the county board of education may transfer pupils from one school to another in the same county school district or to any school in any adjoining county, where satisfac- tory arrangements can be made, in which case the county board of education shall pay from the teacher's fund of the county school district the actual tuition cost of the pupils so transferred. Seventh: Prepare budget publish same expenses how paid. To prepare a budget setting out the total amount of funds received and disbursed by the said board during the current school year and also estimated amount of revenue required for school purposes for the next succeeding school year. Said bud- get shall be published in two newspapers of said county, except where only one newspaper is published in the county it shall be published in that newspaper, and for two consecutive weeks prior to the day for holding the annual school meeting. The expense of such publication shall be paid out of the incidental fund of the county school district upon warrants ordered by the county board and signed by the president and secretary. Eighth: Levy tax, etc.- The county board shall have the exclusive power of levying annually a tax for school purposes of forty cents on the one hundred dollars assessed valuation of all taxable property situated within the limits of the couniy school district; and whenever it may be necessary for the county board of education to increase the annual rate of taxation for school purposes, such board shall determine the purpose and rate of taxation necessary to be levied on the taxable property situated within the limits of the county school district within the maxi- mum rates prescribed by the Constitution for such purposes and shall submit to the voters of said county school district at the annual school election or at any other election called by said board and held for that purpose, at the usual places of holding elections for members of such board, due notice having been given as required by section 11151, Revised Statutes of Missouri, 1919, and if a majority of the tax-paying voters voting at such election on the proposition to increase the levy, shall vote in favor of such increase, the result of such vote and the rate of taxation so voted shall be certified to the clerk of the county court in a manner similar to that provided in section 10 of this act, who shall on receipt thereof proceed to assess and carry out the amounts so % returned on the tax books against all taxable property real and Revised School Laws. 191 personal in such county school district as shown by the last annual assessment for state and county purposes, including all statements of merchants and manufacturers as provided by law. Ninth: Borrow money purchase school necessities, etc. For the purpose o'f purchasing libraries, school house sites, erect- ing school houses, and furnishing the same, and building addi- tions to and repairing the same, the board of education of the county school district shall have authority to borrow money and issue bonds in the same manner as provided in section 11127, Revised Statutes of Missouri, 1919, except as herein provided. They shall also have all the powers granted to schools of all classes in chapter 102, article 2 of the Revised Statutes of Mis- suori, 1919, relating to loans, bond issues, refunding bonds revenue, interest and sinking fund and levying building taxes for repairs or the erection of buildings, unless herein otherwise specified. Notices of all elections relating to any of the items specified in this section shall be given publication for at least three weeks, within thirty days prior to any such election. The said notice shall state the nature, amount, and purpose of any such loan or levy. In addition the county board of education shall cause the clerk of each local district to post in five public places in each local district notices stating the nature, amount, purpose of any loan or levy to be voted on at any annual or special election in said county. Tenth: Make rules receive reports and records. To make, on recommendation of the county superintendent of schools all necessary rules for the classification of pupils and the govern- ing of the local district schools of the county; to receive from teachers, supervisors, board of directors and others having to do with the administration of schools, such reports and records as are required by law or by rule of the county board. Eleventh: Furnish supplies provide library. To furnish each school with all needed supplies and pay for the same out of the incidental fund of the county school district; to provide, as nearly as the incidental funds will permit, a permanent library for each local district and to make rules governing its care and use. Twelfth: Select text books free text books, when. The county board of education shall, on recommendation of the county superintendent of schools, select text books for all schools in the county school district unless otherwise provided by law and, at its option, furnish such text books free to all pupils in any grade or in all grades of the county district; provided, that all existing contracts with publishers shall be and remain in force until their expiration; provided jurther, that the grant of the county funds from foreign insurance taxes as provided in section 11395, Revised Statutes of Missouri, 1919, shall be allowed to county school districts that furnish free text books. 192 Revised School Laws. Thirteenth: Ascertain indebtedness levy tax. The county board of education shall ascertain the amount of the in- debtedness of the local school districts, that is assumed by the county school districts, under the provisions of this act, and shall levy an annual tax on all the taxable, property of the county school district, sufficient to pay the annual interest on the as- sumed indebtedness and pay the principal thereof as the same falls due. Sec. 17. County board to submit report to state superintend- ent. On or before July 1, 1922 and every year thereafter, the county board of education shall submit to the state superintend- ent of public schools, a statement on blank furnished by said state superintendent showing the amount spent per pupil in average daily attendance the preceding school year in the public schools under their jurisdiction and the total number of days of attendance by all pupils in said public schools, the total amount expended on the public schools and the total balance on hand. In arriving at the total number of days of attendance, the pupils assigned by the county board to a school or schools not in the county school district, shall be counted by the county school district from which assigned. Sec. 17a. State aid granted accredited first class high schools when. Whenever any accredited high school of the first class which has for the general administration of the public schools and of taxation for school maintenance and building purposes, been excluded from the provisions of this act by section 1 thereof, shall vote a levy of one hundred cents upon the one hundred dollars of the assessed valuation of all taxable property within said high school district taxable by law for school pur- poses, and the estimated proceeds of this levy, together with the balance of money on hand, income from the county and town- ship funds, plus an amount equal to the state apportionment for the current year, amounts to less than thirty-five cents per day per pupil in average daily attendance the preceding year, the state superintendent, before apportioning the state school moneys as otherwise directed by law, shall apportion to said high school district an amount sufficient to make the total moneys available for school maintenance, in said high school district, equal to thirty-five cents a day per high school pupil in average daily attendance, the previous school year: Provided, however, that the amounts fixed herein for special state aid shall be held to be the minimum amounts that the districts herein mentioned shall receive as special state aid, and any increase in the valuation of the property located within said high school districts and any increase of moneys from local taxation therein shall not have the effect of reducing the amounts due, to such high school dis- tricts as special state aid; and in making the apportionment for the special state aid the state superintendent of schools shall estimate the proceeds from the local levy upon the valuation of Revised School Laws. 193 the property of said high school districts for the year 1919 and apportion the said special state aid herein mentioned upon the valuation of the said high school districts for the year 1919, until a different apportionment shall be established by law. Sec. 17b. State aid granted county school districts when. Whenever any county school district has voted a levy of sixty- five cents upon the one hundred dollars assessment valuation of the taxable property of the county school district taxable by law for school purposes and the estimated proceeds from this levy together with the balance on hand, income from the county and township funds, plus an amount equal to the state apportion- ment for the current year, amounts to less than twenty cents per pupil in average daily attendance in the elementary schools and thirty-five cents in the high schools the preceding year, the state superintendent, before apportioning the state school moneys, as otherwise directed by law, shall apportion to any such county school district an amount sufficient to make the total moneys available for school maintenance in said county school district, equal to twenty cents a day per child in average daily attendance in the elementary schools and thirty-five cents per day per child in the high school, the previous year; provided, however, that the amounts fixed herein for special state aid shall be held to be the minimum amount that the district herein mentioned shall receive as special state aid and any increase in the valuation of the prop- erty located within any county school district and any increase of moneys from local taxation therein shall not have the effect of reducing the amounts due to such county school districts as special state aid; and in making the apportionment for the special state aid the state superintendent of schools shall estimate the proceeds from the local levy upon the valuation of the property of said county school district for the year 1919 and apportion the special state aid herein mentioned upon the valuation of the said county school district for the year 1919, until a different appor- tionment shall be established by law. Sec. 18. Official records become property of county school district. When and after this act takes effect, the official records of the component districts affected by this act shall become the property of the county school district. Sec. 19. Title of school property of component districts, vested in county school district. On July 1, 1922, the title of all school house sites, school buildings and all other school property, bonds, notes and mortgages belonging to the component school districts and all moneys and funds belonging to the various funds of the component districts shall be and is hereby vested in the county school district, provided, however, that the title to the sixteenth section and all funds derived from the sale of the six- teenth section of the congressional township wherein the com- ponent school districts are located shall remain vested in the said 194 Revised School Laws. component school districts to the credit and for the use of said districts. All indebtedness of the component districts which shall exist on March 1, 1921, shall be assumed by the county school districts. Sec. 20. Any school district or part of same may come un- der county unit how. Any school district or part of school district within the boundary of the county, not included in the county school district, may become a part of the county school district by a majority vote of the qualified voters of the county school district as well as by a majority vote of the school district desiring admittance voting thereon at an election of both the county school district and said district. Sec. 20a. Any part of a county school district may become a part of a high school district or a consolidated high school district how. Any part of a county school district not included in a high school district or a consolidated high school district may be- come a part of a high school district or a consolidated high school district by a majority vote of the qualified voters of that part of the county school district desiring admittance as well as the majority vote of the high school district or consolidated high school district admitting the territory voting thereon at an elec- tion of both the part of the county school district desiring ad- mittance and the high school district or consolidated high school district, and by and with the consent of the county school board. Sec. 21. Schools for colored children how provided. Free public schools for the colored children of school age in each county shall be provided as required by sections 11145 and 11146, Revised Statutes of Missouri, 1919, provided, that under said sections the number of colored children of school age shall be considered by local districts; and provided further, in the event that the number of colored children of school age in any county school district is not sufficient to require the establishment of a separate colored school in said county, the county board of educa- tion shall pay the actual tuition costs of any such colored children in any colored school in the state which said children may attend. Sec. 22. Power of county board. The county board of education elected at the special election in August, 1921, as pro- vided in section 11 of this act, shall, from the date of its qualifica- tion, have and exercise all the powers enumerated in section 16 of this act in so far as they relate to the organization, administra- tion, and support of the schools for the school year, 1922-23. Sec. 23. Moneys from taxes how handled. All moneys collected from taxes in the county school district shall be paid into the county treasury to the credit of the county board of education and shall be set aside to the credit of the proper funds. Such moneys shall be paid out only on proper warrants signed and attested by the president and secretary of the county board of Revised School Laws. 195 education. Said warrants shall be in the same form as now pre- scribed by law. No county treasurer shall honor any warrant unless it be in proper form and be drawn upon the appropriate fund, and each and every warrant shall be paid from its appro- priate fund, and no partial payment shall be made on any war- rant nor shall interest be paid upon any warrant. Sec. 24. County superintendent and assistants duties prescribed by county board. The county superintendent and assistants shall perform such duties as may be prescribed by the county board of education and as provided by law. The assis- tants of the county superintendent and all teachers in the county school district shall be paid monthly by warrants drawn on the appropriate fund of the county school district. The county school superintendent shall be paid as now provided for by sec- tions 11352 and 11353 Revised Statutes 1919. Sec. 25. Local school board to submit budget to county board. The local school board shall prepare and submit to the county board of education on or before February 20th of each year the annual school budget for the local district. Said budget shall contain a detailed statement of the financial needs of the local district for the ensuing school year. The budget shall always include the amount of money needed for: (a) teachers' wages, (b) janitors' wages, (c) clerk hire, (d) building, (e) repairs, (f) supplies other than fuel, (g) fuel, (h) transportation of pupils if needed, (i) contingent. Provided, that when such budget has been approved or allowed by the county board of education, the local school board shall have full authority within the amount allowed in the budget to employ a clerk of the local board, hire the janitor, supply fuel, make the ordinary repairs and purchase such supplies as may be needed other than textbooks, library books and general school supplies that may be provided by the county board. Bills for such expenditures shall be rendered to the county board and paid from the incidental fund of the county school district. Sec. 26. Privileges and powers of local school districts and boards. Local school districts and local school district boards shall assume all the privileges and powers and perform all the duties under the present law given to school districts, and to local boards of directors, except such as are specifically given in this act to county school districts and to county boards of educa- tion. Sec. 27. Districts exempt. Any school district composed of territory lying within two or more counties at the time of the taking effect of this act shall be exempt from the provisions of this act. Sec. 27a. Unconstitutionality of any one part affects no other. If any section, subsection, sentence, clause or phrase of 196 Revised School Laws. this act is for any reason held to be unconstitutional, such de- cision shall not affect the validity of the remaining portions of this act. The general assembly hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase, irrespective of the fact that any one or more of the same shall be declared unconstitutional. Sec. 28. Repealing inconsistent acts. All acts or parts of acts inconsistent with this act are hereby repealed. Approved March 24, 1921. (H. B. 494.) REHABILITATION OF DISABLED PERSONS. AN ACT to accept the requirements and benefits of an act of the congress of the United States approved June 2, 1920, relat- ing to vocational rehabilitation of persons disabled in in- dustry or otherwise; to provide for the proper custody and administration of moneys received by the state from appro- priations made by congress for such purposes; to authorize the state board for vocational education to carry out such provisions of said act and to provide a plan of co-operation with the Missouri workmen's compensation commission. Sec. 1. Act of congress accepted. 2. Duties of state treasurer. 3. Duties of state board for vocational educa- cation. Sec. 4. Co-operation with what. 5. Board may receive gifts deposited where reports. 6. Emergency clause. Be it enacted bij the General Assembly of the State of Missouri, as follows: Section 1. Act of congress accepted. The provisions and benefits of the act of congress, entitled "An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment," approved June 2, 1920 are hereby accepted. Sec. 2. Duties of state treasurer. The state treasurer is hereby designated and appointed custodian of all moneys re- ceived by the state from appropriations made by the congress of the United States for the vocational rehabilitation of persons disabled in industry or otherwise, and is authorized to receive and provide for the proper custody of the same and to make disbursements therefrom upon the order of the state board for vocational education. Sec. 3. Duties of state board for vocational education. The state board for vocational education is empowered and di- rected: (1) to co-operate with the federal board for vocational education in the administration of the provisions of said act, approved June 2, 1920; (2) to prescribe and provide such courses of vocational training as may be necessary for the vocational Revised School Laws. 197 rehabilitation of persons disabled in industry or otherwise; (3) to provide for the supervision of such training and appoint such assistants as may be necessary to administer said act, and fix their compensation; (4) to direct the disbursement and administer the use of all funds provided by the federal government and allotted for the vocational rehabilitation of such persons. Sec. 4. Co-operation with what. It shall be the duty of the state board for vocational education to formulate a plan of co- operation in carrying out the provisions of this act and of said act of congress, with Missouri workmen's compensation com- mission. Sec. 5. Board may receive gifts deposited where re- ports. The state board for vocational education is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered uncon- ditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise and consistent with the provisions of this act. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by the said board to defray the expenses of vocational rehabilita- tion in special cases, including the payment of necessary expenses of persons undergoing training. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted biennially to the general assembly. Sec. 6. Emergency clause. On account of there being many persons in the state needing vocational rehabilitation, and that there are now federal funds available for the purpose an emergency exists within the meaning of the Constitution; therefore this act shall take effect and be in force from and after its passage and approval. Approved April 7, 1921. [H. B. 515.] PROVISION FOR PHYSICIAL EDUCATION. AN ACT to provide for the physical education, including the inculcation of health habits, the making of periodical physical tests or examinations and the recording and reporting of the findings of the same and to promote the correction of physical defects and impairments thus found, of all children in the public schools and in all educational institutions supported in whole or in part by the state, to promote the teaching of personal and school hygiene and sanitation in the schools, to promote playground activities, health supervision and nurse service, to promote the general physical welfare and 198 Revised School Laws. to secure the proper control of competitive school athletics and to provide for a state director and deputy directors and advisors of physical education and assistants and other employes and to provide for supervisors of physical educa- tion, and of health and for school nurses in certain school districts and educational institutions, to authorize the raising of funds to carry out the provisions of this act and to regulate the expenditure of the same. Sec. 1. State superintendent to adopt rules and regulations compile and print man- ual appoint director. 2. Duty of teacher-training institutions deputy directors, etc. 3. Teacher must furnish health certificate. Sec. 4. Rights granted county, city, and town school boards employing thirty or more teachers. 5. Empowered to raise funds for what. 6. Provisions of act, how carried out. Be it enacted by the General Assembly bj the State of Missouri, as follows: Section 1. State superintendent to adopt rules and regula- tions compile and print manual appoint directors. To pro- mote the physical development of boys and girls in our public schools, and the correction of their physical defects and impair- ments, to secure proper health habits and to secure scientific sanitation in the schools, the state superintendent of public schools is hereby authorized and directed: (1) To adopt and promulgate such rules and regulations as he may deem necessary to secure courses in physical education to all pupils and students in all public schools and in all educa- tional institutions supported in whole or in part by the state; (2) To compile and print a manual of physical education and health supervision and school nurse service to be distributed for use by the teachers, supervisors of physical education, school health supervisors and school nurses of the state; (3) To appoint a state director of physical education who shall, under the direction of the state superintendent of public schools, see that all rules and regulations relating to physical education, health habits, school sanitation and playground activities and athletics are carried out, and to authorize such expenditures for travel as he may deem necessary to carry out the provisions of this act. Sec. 2. Duty of teacher-training institutions deputy direc- tors, etc. All teacher-training institutions shall provide courses in physical education for the proper preparation of teachers to carry out the state rules and regulations under this act. To carry out the provisions of this section, each of the directors of physical education of the five state teachers' colleges, the school of education of the university of Missouri, and Lincoln institute shall be known as a deputy state director of physical education and who shall co-operate with the state director of physical education in promoting physical education generally, and in Revised School Laws. 199 proper control of competitive athletics in both elementary and secondary schools as may choose to adopt the provisions of this act. Each of the five state teachers' colleges shall under the administration of the deputy state director of physical education provide extension service of properly trained and qualified field advisors for the teachers and others engaged in carrying out the provisions of this act within their several territorial jurisdictions, such jurisdictions to be established and co-ordinated by the state director of physical education by and with the advice and approval of the state superintendent of public schools. Sec. 3. Teacher must furnish health certificate. No teacher shall be employed to teach in the schools of Missouri who has not furnished a certificate by a reputable physician, showing said teacher to be in good health and free from any contagious disease at the time the certificate is granted. Sec. 4. Rights granted county, city, and town school boards employing thirty or more teachers. Each county, city and town school board employing thirty of more teachers may employ a supervisor of physical education whose qualifications for service shall be established by the state superintendent of public schools, for the schools under its jurisdiction, who shall, under the direction of the county, city or town superintendent of schools, respectively, participate in making periodical physical examination of all school children, such physical examination to be conducted as provided in section 5775 of the Revised Statutes of Missouri, 1919, which provides for the physical in- spection of school children in public schools of the state, super- vise the teaching of all subjects related to physical education and the physical well-being of the children under his charge, direct the supervised play and gymnastics in the schools and control school athletics. Each supervisor of physical education shall keep systematic records of the findings of all physical tests or examinations and shall prepare and forward such true and exact copies of the same to the state director of physical education as he may demand, who shall compile and report the findings of the physical examination to the state superintendent of public schools with his recommendations. Each supervisor of physical education shall also report the findings of the physical examina- ation of any child to its parent or guardian and may make such recommendations to promote the correction of defects or the amelioration of impairments as is deemed necessary. County, city and town school boards employing thirty or more teachers may employ, or otherwise provide or secure the service of, a supervisor ol h< alth and of one or more school nurses, who shall serve under the administration of the county, city or town superintendent of schools as the case may be or under the super- visor of physical education if so delegated by the school super- intendent|jn charge; provided that in case the superv 200 Revised School Laws. physical education is qualified to perform the duties of supervisor of health, he may perform the duties of both offices. These provisions shall apply alike to schools for white children and for colored children. It is provided that this act shall not be con- strued to require any school child to undergo private examination or medical treatment recommended by the supervisor of physical education, or health supervisor, or by any other person who may have conducted the physical examination of the school child, without the consent of its parent or guardian. Sec. 6. Empowered to raise funds for what. To carry out the provisions of this act, county, city and town school boards employing such supervisor of physical education or supervisor of health, are hereby empowered to raise funds and to expend the same as for other lawful purposes. Coming within the provisions of this section of this act is meant to be included the authority to purchase such books, printed matter, apparatus including weighing scales, instruments and other necessary appliances and supplies as may be designated by the state director of physical education acting under the state superintendent of public schools. Sec. 6. Provisions of act how carried out. All of the provisions of this act, in so far as they pertain to public health as set forth in section 5775 of the Revised Statutes of Missouri, 1919, shall be carried out with the advice and co-operation of the state commissioner of health or other authorized executive officer of the state board of health. Sec. 6a. Act does not apply where there is no state aid. Provided that the provisions of this act shall not apply to colleges and institutions of learning which do not receive state aid. Approved April 8, 1921. (H. B. 521.) MISSOURI SCHOOL FOR THE BLIND AND MISSOURI SCHOOL FOR THE DEAF CLASSED AS EDUCATIONAL INSTITUTIONS. An act classifying the "Missouri school for the blind" at Saint Louis and the "Missouri school for the deaf" at Fulton as educational institutions of the state of Missouri; vesting the government of each of said schools in a board of managers, providing for the organization of such boards of managers, the terms and compensation of the members thereof, and prescribing the powers and duties of said boards of managers, and the powers and duties of the officers of said boards of managers; providing for the selection and appointment of officers and employees of said schools, and fixing their quali- fications; prescribing the conditions and requirements for admission of pupils to said schools and the procedure there- for; providing for the payment of expenses in such schools Revised School Laws. 201 of pupils whose parents or guardians are unable to pay such expense; defining the object of the "Missouri school for the deaf" and the character and course of study of the "Mis- souri school for the blind." Sec. 1. Classed and conducted how. 2. Governed how board appointed when term of office, etc. 3. Duties of board and superintendent salaries and wages. 4. Qualification of superintendent take oath. 5. Meeting of board purpose. 6. Reports. 7. Duties of treasurer. 8. Duties of steward. 9. Who may attend these schools. 10. Manner of admission expenses, how paid. 11. Duty of physician and oculist. 12. Course of study. Sec. 13. Blind person may attend school granting degrees how. 14. Qualification of reader for blind student. 15. Money to assist such blind student ob- tained, how. 16. Object of deaf school. 17. Organization of board. 18. Property of these schools controlled how. 19. Salary of board members paid how. 20. Duties of president of board quorum. 21. Itemized statement of supplies furnished. 22. Purchases made for either school, how. 23. Who are barred from furnishing supplies penalty. 24. Who are barred from dealing in furniture, etc., used in said schools penalty. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Classed and conducted how. The "Missouri school for the blind" at Saint Louis, and the "Missouri school for the deaf" at Fulton shall be regarded, classed and conducted wholly as educational institutions of the state. Sec. 2. Governed how board appointed when term of office, etc. The government of each of these schools shall be vested in a board of managers, composed of five members, appointed by the governor with the consent of the senate. The members of said board shall be appointed on or before the first day of February, in the odd numbered years, by twos and threes, as may be required for each of said boards, and they shall hold their office, respectively, for the term of four years, and until their successors are appointed and qualified. After such appoint- ments have been made and have been approved by the senate, the secretary of state shall notify such persons of their appoint- ments. Sec. 3. Duties of board and superintendent salaries and wages. The board of managers of each of said schools shall elect the superintendent and all teachers and officers of said school and prescribe the number to be employed therein, and fix their terms of office and the amount of compensation for their services. The superintendent shall have the power to employ all foremen, employees, supervisors, mechanics, servants and other persons not otherwise provided for and shall have the power to discharge the same at his pleasure: Provided, that the board shall have first designated the number of employees and their wages; and provided further that nothing herein shall prohibit the board from discharging any employee when they may deem it for the interest of the school so to do. The salaries and wages 202 Revised School Laws. due officers, teachers and employees of these schools shall be allowed and paid monthly. The superintendent and matron of each school shall reside therein. Sec. 4. Qualification of superintendent take oath. The superintendent of each of these schools shall be a teacher of knowledge, skill and ability in his profession; and of experience in the management and instruction of the blind and deaf, re- spectively. He shall possess good executive ability, and shall be the chief executive officer of his school. Before entering upon the duties as superintendent he shall take an oath or affirmation that he will diligently, faithfully and impartially discharge all the duties required of him by law. Sec. 5. Meeting of board purpose. The board of manag- ers of each school shall meet once a month to receive the monthly reports of the superintendent and treasurer, and to transact such business as may be brought before them. Sec. 6. Reports. The board of each school shall make detailed reports biennially to the general assembly of their pro- ceedings, the condition of the school, the number of pupils, and other facts connected with the school, including the exact receipts and expenditures of the board, accompanied by the biennial reports of the superintendent, treasurer, and such other reports as the board may deem necessary. Sec. 7. Duties of treasurer. There shall be a treasurer of each school, appointed by the board of managers of the school, who shall give bond for the faithful performance of his duties in such sum, and with such sureties, as shall be required by the board. He shall have the custody of all moneys, obligations and securities belonging to the school, and shall make payment on such warrants and orders as prescribed by the board. He shall submit to the board each month a statement of moneys received and a list of the warrants, orders or checks paid by him the past month, giving the names of all persons to whom such payments were made. The treasurer shall reside in the city in which the school is located. Sec. 8. Duties of steward. One of the officers of the school for the deaf shall be a steward, who shall be the purchasing agent of the institution, and shall make all purchases, under the direction of the board and the superintendent. He shall also, under the direction of the superintendent, have charge of all the outside work about the school, such as the farm, garden, dairy, etc. The board shall designate in their rules and regula- tions such articles as may be purchased for cash, and may authorize the steward each month to check on the treasurer in payment for such articles as the steward may be authorized to purchase for cash; provided that all checks so given by the steward shall be accompanied by an itemized account for the amount for which the check is given, certified to be correct by Revised School Laws. 203 the steward, such account to be receipted by the payee named in this check, and to be retained by the treasurer, together with the check, as his voucher. The steward shall keep, and submit at each regular meeting of the board an accurate account of all purchases and expenditures of each kind made for the school by him, and classify the articles purchased, so as to show each month the quantity and cost of each article purchased. Before enter- ing upon the duties of his office, he shall give bond for the faith- ful performance of his trust, in such sum and with such securities as the board may approve, such bond not to be less than three thousand dollars. Sec. 9. Who may attend these schools. All blind and deaf persons under twenty-one (21) years of age, of suitable mental and physical capacity, who are residents of this state, shall be entitled to admission to the school for the blind and the school for the deaf, respectively. All admissions and discharges, and the length of the period of instruction of each pupil, shall be determined by the board of managers. Sec. 10. Manner of admission expenses, how paid. Whenever, upon petition of any person, and satisfactory evi- dence adduced to the county court of this state that there is a blind or deaf person residing in any county, and such person is entitled to the advantages of the Missouri school for the blind or the Missouri school for the deaf, and the parents or guardians of such persons are unable to pay the expenses of such person at his proper school, the county court shall order him or her sent to the proper school, at the expense of the county for his cloth- ing and traveling expenses. Sec. 11. Duty of physician and oculist. It is hereby made the duty of the board of managers to have the eyes of every pupil who may be admitted into the school for the blind care- fully examined by the physician and oculist of the said school, and if upon examination by such physician and oculist it shall appear that, by medical treatment or by 1 surgical operation, the sight may be improved or restored, he shall, with the consent of the board, and with the further consent of the parents or guardian of such pupil, when it is practicable to obtain such consent, institute such medical treatment or perform such surgical oper- ation as in the judgment may be deemed practicable and advis- able; and if such treatment or operation shall prove successful, the pupil shall be discharged from said school as soon thereafter as may be thought prudent, Sec. 12. Course of study. The course of study in all institutions for the instruction of the blind now organized, or which may hereafter be organized, under the laws of this state shall be of such character as to qualify a student graduating from any such school to admission in any of the higher institutions of learning in this state. 204 Revised School Laws. Sec. 13. Blind person may attend school granting de- grees. Whenever a blind person who is a citizen of this state and a pupil in actual attendance at a college, university, technical or professional school located in this state and authorized by law to grant degrees, other than an institution established for the regular instruction of the blind, shall be designated by the county court of his respective county as a fit person to receive the aid hereinafter provided for, there shall be paid by the state for the use of such pupil, the sum of three hundred dollars per annum with which to employ a person or persons to read to such pupil from textbooks and pamphlets used by such pupil in his studies at such college, university or school. Sec. 14. Qualification of reader for blind student. If possible, the person selected as a reader for such blind pupil shall be a person who, in the judgment of the superintendent of such institution, shall be deemed worthy of the assistance in pursuing his school work which the remuneration provided for in this article will accord to him. Sec. 15. Money to assist such blind student obtained, how. Such moneys shall be paid monthly out of the general revenue fund of the state, after the beginning of the school year of such institution, by the treasurer of the state, on the warrant of the state auditor to the treasurer of such institution upon his pre- senting an account showing the actual number of blind pupils matriculated and attending the institution, which account shall be verified by the president of the institution, and which shall be accompanied by a certificate from the county court of the county of which said blind pupils are residents; which certi- ficates shall state that a petition has been filed with said county court and satisfactory evidence adduced that the blind pupil seeking the benefit of this article is a resident of said county, and that neither said blind student nor his parents or guardian are able to pay the expense of providing a reader at such School. Sec. 16. Object of deaf school. The object of the school for the deaf shall be to educate this class of persons in the use of written and spoken language, the elementary branches and in mechanical trades and industrial pursuits. Such training shall be given in such trades as shall fit the deaf boy or girl for the practical duties of life, and shall tend to render them self- supporting. The trades to be taught shall be such as the board of managers and the superintendent shall deem the most suit- able to the school conditions and the needs of the pupils. Sec. 17. Organization of board. The board of managers of each of these two schools shall organize at the regular meeting of the board, held in March of each odd numbered year, by electing one of their number president, and also a secretary, who may or may not be one of their number: Provided that in either school that employs a secretary or bookkeeper, such secretary Revised School Laws. 205 or bookkeeper shall be secretary of the board of managers thereof. Sec. 18. Property of these schools controlled, how. The board of managers of each school shall have the care and control of all the property, real and personal, owned by such school, and the title to all real estate or personal property now owned by such school, or by the state for its use, or that may hereafter be purchased by or donated to such school shall be vested in such board of managers of the respective schools, for the use and benefit of the said school. The board of managers of either school shall not sell or in any manner dispose of any real estate belonging to the school without an act of the general assembly authorizing such sale or disposal of such real estate. The boards of managers shall provide their repective schools with an official seal. Sec. 19. Salary of board members paid how. The members of boards of managers of said schools herein provided for shall each receive as compensation for their services a salary of one hundred dollars per annum, unless otherwise provided by law, and their actual traveling expenses when nonresidents of the county where the school is located. Such sums shall be paid quarterly out of the maintenance funds of their respective schools: Provided, that for every regular monthly meeting any member may be absent, whether with or without an excuse, he shall forfeit five dollars, which shall be deducted from his salary for that quarter. Sec. 20. Duties of president of board quorum. The president of each board of managers shall preside over meetings, and shall see that all matters of business pertaining to the school are faithfully and accurately recorded by the secretary. He shall sign all requisitions on the state auditor or other officer for the payment of money to said school, 'and all warrants or orders on the treasurer of the school for the payment of any money belonging or appropriated to such school: Provided that he shall sign no requisition on the state, and no warrant or order for the payment of money for the use of the school, until such requisition shall have been ordered by the board, or the account for which such warrant or order is given shall have been allowed by the board. Three members shall constitute a quorum for the transaction of business of the board. Sec. 21. Itemized statement of supplies furnished. The board of managers of each school shall, at each monthly meeting, require the chief officer or manager of such school to furnish to the board an itemized statement of all necessary supplies of provisions, clothing, furniture and other things necessary for running such institution for the next succeeding month, and if the board is satisfied, after examining the same, that such articles, or any part thereof, are necessary, they shall make an order of record in the minutes, allowing the same. 206 Revised School Laws. Sec. 22. Purchases made for either school, how. All pur- chases for either school shall be at the lowest price, and to this end the board of managers of such school shall require, as far as practicable, all purchases to be made from the lowest bidder, and shall invite competition by requiring its purchasing agent to notify leading dealers in the articles to be purchased of the quantity wanted and when to be delivered, such notices to be sent to all leading dealers in the town where the school is located, and also to dealers in such articles as are wanted in any city in the state where such articles are purchased for the ordinary trade of the town where the school is located. The board shall furnish to its purchasing agent or officer who has charge of this business suitable blanks, designating the articles wanted and the time they are to be delivered. All bids for such articles shall be made for the articles delivered at the school free of any charge for freight or expressage. Whenever any dealer in such article or articles as may be wanted by either school shall re- quest the board, or any officer of the school, to furnish such dealer with such notice, such purchasing agent shall mail to such dealer such notice, and his bid shall be considered with others before purchase is made. At each monthly meeting, the office or agent whose duty it is to make such purchases shall lay before the board all bids received by him, and contracts made for such supplies as he may have purchased, and the accounts for the same shall be allowed and warrants ordered therefor at the next meeting of the board: Provided, such articles shall have been delivered and received by such agent or officer according to the contract therefor: Provided that nothing in this article shall prohibit any board from making contracts for a longer time than one month. Sec. 23. Who are barred from furnishing supplies penalty. If any member of the board of managers, or any officer or employee of either school shall be, directly or indirectly, interested in any contract for any supplies in any quantity or of any kind to be furnished said school, or any work of any class or kind to be done upon or about said school, or on the property or premises appurtenant thereto, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Sec. 24. Who are barred from dealing in furniture, etc., used in said schools penalty. No president, professor, teacher, regent, trustee, or other officer or employee of the Missouri school for the deaf or the school for the blind shall keep for sale or be interested in, directly or indirectly, the sale or exchange or any school furniture or apparatus, books, maps, charts or stationery used in said school; and any one of the above named persons found to be so interested shall, upon conviction thereof, Revised School Laws. 207 be punished by a fine not exceeding two hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Approved March 28, 1921. [H. B. 383.1 ESTABLISHING COUNTY LIBRARY DISTRICTS AND FREE COUNTY LIBRARIES. An act to provide for establishing county library districts and to establish and maintain free county libraries, including branch libraries for the inhabitants of such district; to em- power such districts to become bodies corporate, to sue and be sued, to buy or lease grounds and erect buildings for library purposes, to receive real estate and personal property, and to sell and convey property for such purposes; to levy taxes creating a county library fund and a library build- ing fund; to appoint county library boards for such dis- tricts, and define duties and powers of such boards and dis- tricts, and to empower bodies having control of libraries to contract with such county library boards. Sec. 1. County library districts and free libraries established, how. 2. Library board how appointed term of office duties. 3. Powers of county library board. 4. May make contracts with other libraries how report when. 5. Who are exempt from taxation for a free county library. Sec. 6. Incorporated city or town may become a part of free county library system or with- draw how. 7. May erect a free county library building how. 8. Librarians must attend meetings. 9. Kind of service given. 10. Duty of the secretary of the Missouri library commission. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. County library districts and free libraries established, how. Whenever one hundred (100) taxpaying citizens of any county, outside of the territory of all cities and towns now or hereafter maintaining, at least in part by taxation, a public library, shall in writing petition the county court, ask- ing that a county library district of the county, outside of the territory of all such aforesaid cities and towns, be established and be known as " county library district," and asking that an annual tax be levied for the purpose herein specified, and shall specify in their petition a rate of taxation not to exceed two mills on the dollar, then the county court shall, if it finds said petition was signed by the requisite number of qualified petitioners, enter a record a brief recital of such peti- tion, including a description of such proposed county library district, and of its finding aforesaid; and shall order that the propositions of such petition be submitted to the voters of such proposed district at the next annual election to be held the first Tuesday in April; and that the clerk of the county court shall cause to be published the proposition or propositions of such 208 Revised School Laws. petition; and said county clerk shall cause said proposition or propositions to be published in like manner, as near as may be, with the publication of "the nominations to office," as provided in section 4819 of Revised Statutes of Missouri, 1919. Such order of court and such notice shall specify the name of the county and the rate of taxation mentioned in said petition, and such county clerk shall make and file in his office return of service of such notice; and every voter within such proposed county library district may, in his proper district, vote "for establish- ing county library district," or "against establish- ing county library district," and may vote "for mills tax for a free county library," or "against mills tax for a free county library:" Provided, that in case the boundary limits of any city or town hereinabove mentioned are not the same with the school district of such city or town, and such school district embraces territory outside the boundary limits of such city or town, then all voters, otherwise qualified and residing in such school district and outside the limits of such city or town, shall be eligible to vote on any proposition or matter of such library district, submitted to the voters at such election, and may cast a vote thereon, at the nearest and most con- venient district school house within said county library district. And if, from returns of such election, which shall be certified to the county court, the majority of all the votes cast on such propositions at such election shall be "for establishing county library district," and for the tax for a free county library, the county court shall enter of record a brief recital of such returns and that there has been established " county library district," and thereafter such " county library district" shall be considered and held to be established, shall be a body corporate, and known as such; and the tax specified in such notice shall, subject to provisions herein below of this section, be levied and collected, from year to year, in like manner with other taxes in the rural school districts of said county. The proceeds of such levy, together with all interest accruing on same, with library fines, collections, bequests and donations in money shall be deposited in the treasury of the county and be known as the "county library fund," and be kept separate and apart from other monies of such county, and dis- bursed by the county treasurer only upon the proper authenti- cated vouchers of the county library board hereinafter mentioned; provided, that such taxes shall cease, in case the regular voters of any such district shall so determine by a majority vote at any annual election held therein, after petition, order of court, and notice of such election and of the purpose thereof, first having been made, filed and given, as in the case of establishing such county library district. Sec. 2. Library board how appointed term of office- duties. For the purpose of carrying into effect this act, in case Revised School Laws. 209 a county library district is established and a free county library authorized as provided in section 1 of this act, there shall be created a county library board which shall consist of five mem- bers, the county superintendent of schools and four other mem- bers to be appointed by the county court; said superintendent to serve ex officio during his term of office, and the other members to be appointed for terms of four years each, except that the members of the first board shall be appointed for one, two, three and four years, respectively. The county court may remove any member from the board for misconduct or neglect of duty. Vacancies in the board occasioned by removals, resignations or otherwise shall be reported to the county court and be filhd in like manner as original appointments. No member of the board shall receive compensation as such. Said board, immediately after the appointment by the county court of the four members of the board, shall meet and organize by the election of one of their number as president and by the election of such other officers as they may deem necessary; shall make and adopt such by-laws, rules and regulations for their own guidance as may be expedient, not inconsistent with law; shall adopt such reasonable rules and regulations as shall render the use of said county library of the greatest benefit to the greatest number; shall, in case such library district establishes its own free county library, appoint a properly qualified librarian and necessary assistants, subject to the provisions of this act; and shall in general carry out the spirit and intent of this act in establishing and maintain- ing such free county library and branches thereof. Sec. 3. Powers of county library board. Said " county library district" as such body corporate, by and through said county library board, shall have power to sue and be sued, to complain and defend, and to make and use a common seal, to purchase or lease grounds, to lease, occupy or to erect an appropriate building or buildings for the use of said county library and branches thereof, and to sell and convey real estate and personal property for and on behalf of the county library and branches thereof, to receive gifts of real and personal prop- erty for the use and benefit of such county library and branch libraries thereof, the same when accepted to be held and controlled by such board, according to the terms of the deed, gift, devise or bequest of such property. Sec. 4. May make contracts with other libraries how- report when.- Said county library board may contract with the body having control of a public library for assistance in the organization of a free county library under such terms and con- ditions as may be stated in such contract, or it may contract with the body having control of a public or school library already established within a county, or any other library within the state, to furnish library service to the people of the said county library district, under such terms and conditions as may be 210 Revised School Laws. stated in such contract; and the body having control of any library within the state may contract with any such county library board within the state, to provide library service to the people of such library district under such terms and conditions as may be stated in such contract. In case a contract shall be made for services by any library now or herafter existing, as herein provided, it shall be the duty of the county library board, by and through a member of the board, to advise and consult with the board controlling said library, with regard to the selection of books, location of branch libraries and other sub- jects relating to the proper management of the county library. The said county library board shall make, on or before the second Monday in June of each year, an annual report to the county court, stating the condition of their trust on the first of May of that year, a copy of which report shall, at the same time, be submitted to the Missouri library commission. Said report shall be framed in accordance with the laws governing public libraries. 9 Sec. 5. Who are exempt from taxation for a free county library. Whenever a free public library now or hereafter established and maintained, at least in part, by public taxation, already exists in any city or town within the territory of the county, all property in such city or town shall be exempted from any tax levy for the support of the free county library in such county library district, and the qualified voters of such city or town shall not be permitted to vote on the proposition for establishing county library district, or on the pro- position for a tax levy for establishing or maintaining a free county library. Sec. 6. Incorporated city or town may become a part of free county library system or withdraw how. After the establishment of a free county library, the board of trustees, common council or other legislative body of any incorporated city or town in the county now or hereafter maintaining a free county library as above mentioned, may after approval of such proposed change by the directors of said free county library, notify the county court that such city or town desires to become a part of the free county library system at the beginning of the next succeeding full fiscal year; and thereafter such city or town shall be a part thereof, and the inhabitants shall be entitled to the benefits of such free county library and the property within such city or town shall be liable to taxes levied for free county library purposes: Provided, the board of trustees, common council or other legislative body of such city or town, as the case may be, may petition the county court and in all other respects proceedings shall be had, as near as may be, as set forth in section 1 herein, and the same rate of tax is had in such city or town as under the free county library system in such county. The board of trustees, common council or other legislative body, in any Revised School Laws. 211 such incorporated city or town in a county having made pro- vision for becoming a part of the free county library system as in section 1, and in this section herein above provided, may at any time notify the county court that such city or town no longer desires to be a part of the free county library system, and such city or town shall, with the close of the next succeeding full fiscal year, cease to be a part of the free county library system, and the property situated in such city or town shall not there- after be liable to taxes for free county library purposes; pro- vided, that the board of trustees, common council, or other legislative body of the city or town, as the case may be, shall petition the county court and otherwise like proceedings shall be had, as near as may be, as in the case of becoming a part of the free county library system, and a majority vote is cast accordingly. Sec. 7. May erect a free county library building how. Whenever, in any county library district, which has decided or shall hereafter decide to establish and maintain a free county library under the provisions of this act, the county library board shall by written resolution entered of record, deem it necessary that a free county library building should be erected in such county and one hundred (100) tax paying citizens of any such county library district, shall in writing petition the county court asking that an annual tax be levied at and as an increased rate of taxation for such library building and shall specify in their petition a rate of taxation not to exceed one and one-half mills on the dollar annually, and not to be levied for more than five years on all taxable property in such county library district; then the county court shall, if it finds said petition was signed by the requisite number of qualified petitioners, enter of record a brief recital of such petition, and of its finding aforesaid, and shall order that the proposition of such petition be submitted to the voters of such county library district at the next annual election to be held on the first Tuesday in April; and that the clerk of the county court shall cause to be published the prop- osition of such petition and said county clerk shall cause said proposition to be published in like manner, as near as may be, with the publication of "the nominations to office," as provided in section 4819 of the Revised Statutes of Missouri, 1919. Such order of court and such notice shall specify the rate of taxation mentioned in said petition; and the county clerk shall make and file in his office return of service of such notice; and every voter within such county library district may, in his proper district, as in section 1 of this act provided, vote "for mills tax for erection of free county library building," or "against mills tax for erection of free county library build- ing," and if the majority of the qualified voters of such county library district voting on said proposition at such election^shall vote "for mills tax for erection of free county 212 Revised School Laws. library building" the tax specified in such notice shall be levied and collected in like manner with other taxes of said county library district, and shall be known as the "county library build- ing fund," and shall be subject to the exclusive control of said county library board and be drawn upon by the proper officers in such county upon the properly authenticated vouchers of said board, and be used for the erection of the library building. The fund hereby provided for the erection of a free county library building in such county shall be in addition to the tax levied for the establishment and maintenance of such county library. Sec. 8. Librarians must attend meetings. County libra- rians shall be required to attend state library meetings and dis- trict library institutes, the actual and necessary expenses incident thereto being a charge against the county library fund. Sec. 9. Kind of service given. The services of a free county library may be direct loan of books, pictures or periodicals, through branches, stations, school traveling libraries or book wagons; but in all cases service shall be freely accessible to all residents of the county library district. Sec. 10. Duty of the secretary of the Missouri library commission. All free county libraries established under the provisions of this act shall be visited from time to time by the secretary or organizer of the Missouri library commission, for the study of conditions, and to render such assistance as may be needed. After each such visits, said secretary or organizer shall report, in writing, to the president of the board in charge of each free county library visited, as to the existing conditions, with such recommendations as may be deemed proper. Copy of such reports and recommendations shall be filed in the office of the Missouri library commission. Approved March 28, 1921. INDEX. Section Page Act to provide for vocational education advisors to boards of vocational schools .'....". 11281 106 annual report required 11291 107 appropriating money 11293 107 attendance part-time vocational schools 11288 107 expenditures for administration of act 11282 106 federal funds available, when 11287 107 inspection and approval of schools 11278 104 money used, how 11294 107 penalties 1 1292 107 responsibility where placed 11289 107 schools to receive aid, when how much 11276 104 state board to make report to general assembly 11283 104 state board of education may excuse 11290 107 state standards 1 1286 106 state board of education duties of 11271 102 state board authorized to incur expenditures 11272 103 state treasurer custodian of funds 11273 103 state treasurer, report to general assembly 11274 103 state board of education duties of 1 1275 103 stute advisory committee 11279 105 state superintendent, executive officer 11280 105 vocational education fund 1 1277 104 vocational and prevocational education defined 11284 106 Additions to schoolhouses funds for, how secured 11127 11 Age (school) limit (Constitution, art. XI) 1 when admitted ' 11141 23 Aid, state consolidated district (high school) 11264 97 consolidated district (elementary schools) 11265 98 consolidated district (building) 11263 97 high school 11295 108 high school, special high schools 11296 109 rural school, one teacher 11211 66 rural school, two or more teachers 11211 66 rural school, in consolidated district ". 11265 98 rural school (weak) for tuition 11212 68 teacher-training 11299 110 teacher-training, in cities 75,000 and over 11310 113 vocational aid (Smith-Hughes enabling act) 11277 104 Alcoholic drinks, narcotics, etc. effect to be taught 11162 36 (213) 214 Index. Section Page Annexation common districts to city or town districts 11252 89 disposition of moneys in case of 11252 89 maintenance of libraries 11320 118 restrictions on 1 1252 89 to cities of more than 100,000 procedure 11317 116 election for 11318 117 proceedings, if carried 11319 118 when corporate limits extended 11254 90 Annual meeting, rural districts how organized 11210 62 powers of 11210 62 when and where held 1 1209 62 Annual meeting, town, city and consolidated districts date 11251 88 election, how conducted 11251 88 time of polling .' 11251 88 voting places in towns of 2,000 up to 100,000 11251 88 Appeal change boundary 11201 54 when district divided by county line 11201 54 Apportionment public moneys errors, how corrected 11181 45 to counties, by whom, when 11179 42 to districts, by whom 11179 42 when township is in two counties 11182 45 Approved summer schools complimentary grades not to be given 11367 143 grades accepted, by whom 11366 142 Approved summer schools, teacher-training high schools board of education to make necessary rules, etc 11298 110 credit of work to students 1 1299 110 grades accepted for county certificates 11301 111 length of term 1 1300 111 Arbitration, board of ' fees, by whom paid 11201 powers and duties 11201 qualifications of members 11201 to determine change of boundary 11201 to determine valuation of property 1 1205 Arbor day how observed 11156 when observed 11 156 Association, county teachers' (see county teachers' association). Attendance, compulsory (see compulsory attendance.) Index. 215 Section Page Ballot form of for loan 11127 11 Bird day how observed 11157 34 when observed 11157 34 Blanks county superintendent to furnish districts 11350 133 how distributed 11334 125 how printed 1 1339 127 prescribed by state superintendent 11183 46 state superintendent to furnish 11350 133 Blind children county clerk to certify list of 11140 22 Blind and deaf, Missouri's schools for admission 10 203 blind to attend school granting degrees 13 204 board, duties of 3 201 board, meeting of 5 202 board, organization of 17 204 barred from furnishing supplies, who 23 206 barred from dealing in furniture, who 24 206 classed and conducted, how 1 201 course of study 12 203 deaf school, object of , 16 204 expenses 10 203 governed, how 2 201 money to assist such blind student 15 204 oculist, duties of . 11 203 physician, duties of 11 203 president of board, duties of 20 205 property controlled, how 18 205 purchases made, how 22 206 reports 6 202 salaries, superintendent 3 201 schools attended, by whom 9 203 reader for blind student, qualification of 14 204 salaries, board members 19 205 statement of supplies furnished 21 205 steward, duties of 8 202 superintendent, qualifications 4 202 superintendent, duties 3 201 treasurer, duties of 7 202 Board of directors admit non-resident pupils 11135 17 cannot dismiss teacher 11138 21 cannot issue warrant, when 1 1222 74 cannot pay teachers' wages, when 11222 74 cannot rent buildings, when 11191 50 convention 1 1356 135 duty to visit school 1 1 139 22 employment of members 1 1266 101 guilty of misdemeanor, when 11383 148 individuals responsible for tuition, when 11146 27 majority to transact business 11215 69 216 Index. Section Page Board af directors Continued. may accept gifts 1 1267 101 may call special meeting, when 11153 32 may close colored school, when 11145 25 may condemn site 11143 24 may establish joint colored school, when 11145 25 may invest or loan sinking fund 11132 15 may exchange funding bonds 11130 14 may refund bonds 11129 14 may refuse to pay teachers, when 11138 21 may require medical examination 11136 19 may suspend or expel pupils, when 11135 17 may transfer certain funds 11223 76 must establish colored school, when 11145 25 must make provision for interest 11133 15 organization of 11215 69 president to call special meeting 11137 19 president to receive expenses, when 11222 74 select depositories 1 1268 102 shall not allow use of house, when 11134 16 shall receive no compensation 11215 69 to call special meetings, when 11154 32 to employ janitor, etc 11134 16 to employ teacher, when 11137 19 to forward estimate, when 11142 23 to have care of property of district 11134 16 to keep building and grounds in repair 11134 16 to make estimate 11142 23 to make rules 11135 17 to provide sinking fund 11132 15 to purchase library books 7190 157 to purchase supplies 11134 16 to rent house for school, when 11145 25 to sell renewal bonds, when 11130 14 to submit proposition to increase tax 11151 30 to take enumeration, when 11140 22 vacancy, how filled 11216 70 vacancies, how filled 11210 62 Board of education (see board of directors) bond of treasurer 1 1245 86 cannot employ members 11266 101 duties of 11243 85 duties of president and secretary 11240 83 election of members 1 1239 83 guilty of misdemeanor, when 11383 148 length of school term 1 1244 86 may accept gifts for libraries 11267 101 may adopt textbooks, when 11388 149 may establish night schools 11315 116 may issue funding and refunding bonds 11129 14 may loan sinking fund, when 11313 115 organization of 1 1240 83 power to establish libraries 11243 85 shall select depositories 11268 102 tenure of members 11238 83 to exchange funding bonds 11130 14 to keep seal 11244 86 to provide sinking and interest fund 11128 13 to publish financial report . 11266 101 Index. 217 Section Page Board af education (see board of directors) Continued. to purchase site 11314 115 treasurer of, custodian of money 1 ] 245 86 vacancies, how filled 11238 83 Bonds board to sell renewal, when 11130 14 clerk to keep record of destroyed 11131 15 contractors to give 1040 170 county or township treasurer responsible for, when 11127 11 denomination of 11129 13 funding and refunding, by whom issued 11129 18 funding may be issued 1042 162 how voted 11127 11 if forfeited, how recover 11375 146 interest on, when payable 11129 13 liability of treasurer for failure to burn 11246 87 may be exchanged, by whom 11130 14 not to be negotiated, when 11127 11 of county superintendent 111345 130 of state superintendent 11333 125 of treasurer 11188 47 publisher liable upon, when 11375 146 rate shall not exceed legal 11128 13 record kept, by whom 11129 14 refunded by board 11129 14 refunding, no vote required 1042 162 sale of 11127 11 shall not exceed 5 per cent valuation 11128 13 shall not run for longer than twnety years 11128 13 time and place of payment 1 1 129 14 to be countersigned by treasurer 11127 11 to be destroyed, when, how 11131 15 Bonds, funding of, counties, cities, townships, school districts, etc. ballot, form of 1043 163 bonded debt of counties, etc 1042 162 bonds canceled, etc 1047 164 bonds may be sold 1049 165 duty of county court 1044 164 duty of treasurer 1046 164 funds exempt from execution 1051 166 liability of treasurer 1050 165 sinking fund, how invested 1048 165 tax levy 1045 164 treasurer's commission 1052 166 Bonds, registration of article, does not apply, where 1067 168 auditor, register bo'nds, when 1063 167 bonds, registered 1062 166 bonds to be registered, validity 1068 169 compensation of auditor 1064 167 duty of state auditor 1065 168 may levy larger tax 1066 168 registered bonds lawful security 1069 169 Boundary line appeal to county superintendent f . f . , . , 11201 54 218 Index. Section Page Boundry line Continued. change, city and town districts 11253 90 change, district in two counties 11207 59 change of, procedure 1 1201 54 change, when decided 11210 62 clerk to notify county clerk and county syperintendent 11226 77 notices, nature of 11201 54 restrictions on change of 11201 54 Bribery in textbook adoption, penalty for 11393 150 Building fund (see funds) apportionment in newly-formed districts 11206 59 rate of levy, when and how determined 11210 62 special meeting for voting 11151 31 Certificates applicant may raise grade of 11362 139 by whom issued 11358 136 complimentray not to be granted 11367 143 examination for, county 11358 136 fees for examination for 11363 140 fees for endorsement of second grade 11362 139 fees for renewal of first and second grade 11361 139 grades to be kept 1 1362 139 grades made in approved summer schools to be accepted 11366 142 endorsement of second grade in adjoining counties 11362 139 may be revoked 1 1364 141 papers graded by state superintendent 11359 138 qualifications necessary 1 1358 136 11360 138 renewal of first, second and third grade, conditions 11361 139 special, to whom granted 1 1358 136 state superintendent may grant 11334 125 teachers to have legal 11160 35 three grades, requirements for 11358 136 11360 138 to be filed with district clerk 11137 19 Cigarettes sale of prohibited 3520 161 use of prohibited 3521 161 Child labor law 1 157 City and town school districts annexation adjoining districts 11252 89 annexation when corporate limits extended 11254 90 article IX not to apply to certain 11215 69 change boundary line of 11253 90 establishment of primary and high schools 11241 84 exempt from textbook law 1 1371 145 exempt, may make textbook adoptions 1068 149 how disorganized 1 1242 85 not entitled to school funds, when 11179 42 to establish libraries. . . 11243 85 Index. 219 Section Page Claims corruptly allowed 3338 160 unjust, allowed 3338 160 Classification of high schools 11337 127 of school districts 1 1 123 7 Clerical help and traveling expenses for county superintendents. . . . 11355 135 Colored children cannot attend white school 1 1 144 25 right to attend in other districts 11146 27 separate schools for 11144 25 Colored high schools in what counties 1 1256 92 Colored schools board must establish, when 11145 25 joint, control of 11145 25 joint, how maintained 11145 25 joint, may be established 11145 25 may be closed, when 11145 25 Colored teachers' insitiutes certificate fee by attendants 1 1365 142 established 1 1365 142 fee 1 1365 142 grades made in 1 1365 142 instructors, how appointed 1 1365 142 Common school districts (see districts) Compensation board of arbitration 1 1201 54 county clerk 1 1249 88 county clerk for school tax book 11184 47 county collector 11186 47 county superintendents 1 1352 134 county treasurer 11188 47 district clerk 11215 69 none to directors 11215 69 secretary board education 1 1266 101 textbook commission 11370 144 treasurer board education 11266 101 Compulsory attendance board may establish truant schools 11327 123 children excused, when and how 11324 120 employment of children forbidden 1 157 administer oaths and furnish certificate of same 11331 124 enforcement of law 1 1329 124 part-time attendance 11328 123 violation of law, how prosecuted 11330 124 officers, duties 1 1325 120 officers, how appointed 1 1325 120 officers, rights 1 1325 120 parents and guardians required to send children, 11323 119 220 Index. Section Compulsory attendance Continued. teachers to be furnished with enumeration lists 11326 teachers to report delinquents 11326 Condemnation board may condemn site 11143 proceedings (chap. 13, art. II, R. S. 1919), Consolidation consolidated district may be formed 11257 area and enumeration 11258 petition 1 1259 duties of the county superintendent 11259 transportation may be voted on 11260 parts of districts remaining 11261 limitations in division of districts 11261 settlement of property 11262 original districts to continue how long 11262 state aid (building) , when granted 1 1263 special aid (maintenance), when, how 11264 aid for elementary schools in district 11265 maximum salaries for elementary teachers for aid 11265 Consolidated school districts (see also districts) election in 11251 how disorganized 11251 how formed 11255 how formed 11256 how governed 1 1255 petition for 1 1259 what constitutes 1 1 123 what aid Contagious diseases board may exclude children with 11136 board may require medical examination, when 11136 teacher may exclude children with 11136 Contracts commission to enter into for five years 11378 made by majority of board 11240 penalty for attempted violation 11383 publisher to forfeit, when 11391 rules, part of, when 11138 to be made, how 11137 to be signed by whom 11137 void if house is destroyed 11138 Convention-school board 11356 135 Correction of errors in apportionment 11181 45 County clerk compensation 1 1249 compensation of, for making school tax book 11184 duty of as to estimates 11183 held responsible for funds, when 11166 may be punished for neglect, when 11158 Index. - 221 Section Page County clerk Continued. must furnish tally sheet for election returns of county superin- tendent 11344 129 shall certify election county superintendent 11344 129 shall issue commission to county superintendent 11344 129 to apportion funds to districts. 11179 42 to assess building tax 11152 31 to assess tax, when 11151 30 to certify lists of deaf, dumb and blind 11140 22 to list owners, personal property 11183 46 to make report to state superintendent 11185 47 to make school tax book 11183 46 to sign October statement county treasurer 11189 48 County collector compensation of 11186 47 duties of to cities and town districts 11250 88 duty of 11186 47 to collect delinquent taxes 11187 47 County court held responsible for funds , 11166 37 may appoint agent to rent or manage property 11178 41 may invest sinking fund 11224 77 may order sale of property 11176 40 may order sheriff to sell property 11176 40 may purchase mortgaged property 11178 41 may require additional security 11175 40 shall furnish county superintendent office 11345 430 shall require security for loans 11173 39 shall resell property, when 11178 41 to collect and distribute funds 11167 37 to credit interest on sinking fund 11225 77 to have care of township funds 11170 38 to have jurisdiction of funds 11167 37 to invest school funds, how 11166 37 to loan surplus district funds 11228 78 to preserve and loan county school funds 11165 36 to renumber school districts 11197 52 to require abstract title in making loans 11173 39 to transfer funds, when 11182 45 County superintendent appeal to. change of boundary 11201 54 appoint board arbitration 11201 54 appoint board arbitration 11205 58 bond of 11345 130 county commissioner shall become 11343 129 county court shall furnish office 11345 130 duties of 11349, 11350 133 election of 1 1344 129 election returns, how certified 11344 129 governor appoints in case of tie vote 11344 129 has supervision over schools 11346 131 may be punished for neglect, when 11158 34 may organize county association 11348 132 may not act as agent 1 1340 128 must grade teachers on professional qualities 11358 136 not to grant complimentary grades or certificates 11367 143 oath of. . . 11345 130 222 Index. Section Page County superintendent Continued. office created 1 1343 129 office, where kept 1 1345 130 powers and duties 11346 131 provide for graduation 11347 132 qualifications of , 11343 129 salary of, how determined 11352 134 salary of, when paid 1 1352 134 salary in certain counties 1 1353 134 salary, method of determining 11354 135 shall adopt course of study 11347 132 shall approve estimates and enumerations 11346 131 shall assist district clerk 11346 131 shall compile statistics 1 1349 133 shall deliver books to successor 11343, 129, 11345 130 shall distribute blanks 1 1349 133 shall distribute school laws 1 1349 133 shall examine records 11346 131 shall furnish blanks to school officers 11350 133 shall hold examination of pupils 1 1347 132 shall hold meetings 1 1347 132 shall make report to state superintendent 11349 133 shall require teacher to make report 11349 133 shall not teach 11351 133 shall visit and examine schools 11346 131 statement to district clerk 11346 131 term of office 11329 129 to attend August term of county court 11347 132 to attend convention or state school 11351 133 to fill vacancy in board, when 11216 70 to forfeit salary, when 11351 133 to keep record of certificate grades 11362 139 traveling expenses and clerical help 11356 135 vote upon 11210 62 County teachers' association certificate fees to be used for 1 1363 140 county superintendents may hold 11348 132 duty of teacher to attend 1 1348 132 expenses, how paid 11348 132 County textbook commission (see textbook commission). County treasurer bond 11188 47 compensation of 11188 47 custodian of school moneys 1 1 188 47 duties of 11188 47 may be punished for neglect, when 11158 34 penalty for failure to make settlement 11190 49 settlement of 11189 48 shall keep funds separate 1 1223 76 shall not honor warrant, when 11159 35 to be responsible, when 11127 11 to collect interest 1 1 168 38 to countersign bonds 11127 11 to give duplicate receipts. . 11168, 38, 11177 41 to pay treasurer city or town district 11247 87 to report moneys invested 1 1225 77 Index. 223 Section Page County unit law allowance for service 15 188 board members organize 13 187 board members take oath 13 187 board elected, how 5 184 county board to report to state superintendent 17 192 county board elected, how 9 185 county board meetings 14 187 county clerk's duties 8 185 county clerk sends ballots to local districts 7 185 county clerk publish candidates' names 6 185 county board of education 3 184 districts exempt 27 195 duties of superintendent and assistants prescribed by board. ... 24 195 duties of voters and election officers 10 186 eligibility of members 4 184 how part of county school district may become a part of high school district or consolidated district 20a 194 how school district or part of same may come under county unit 20 194 local boards submit budget to county board 25 195 local districts maintained 2 184 mileage, how paid 15 188 moneys from taxes, how handled 23 194 official records property of county school district 18 193 powers and duties of county board 16 188 (1) appoint superintendent, may be discharged, expenses provided 188 (13) ascertain indebtedness, levy tax 192 (9) borrow money for necessities 191 (4) care for property 189 (5) change boundaries, combine districts 189 (3) elect assistants and fix pay 189 (11) furnish supplies, provide libraries 191 (6) high schools, instruction 189 (7) prepare budget, expenses, how paid 190 (10) make rules, receive reports and records 191 (8) levy tax, etc 190 (12) select text'books, free text books, when 191 (2) selection of teachers 188 power of county board 22 194 privileges and powers of local districts and boards 26 195 publication expenses how paid 12 187 schools for colored children 21 194 schools exempt 1 184 state aid for first-class high schools, when 17a 192 state aid for county school districts, when 17b 193 term of members 11 186 time of first election 11 186 title of property of component district goes to county school district 19 193 unconstitutionally of any part affects no other 27a 195 Day, week, month and year (see school day, etc.) Deaf and dumb children county clerk to certify list of 11140 22 Defectives district may join to form classes 11148 28 224 Index. Section Defectives Continued. duties of school officers 11150c inspection by state superintendent 11149 providing instruction 11147 special classes for certain defectives 11150b state board of charities may act, when 11150 training speech defectives 11150a Depository for district funds board of education shall elect 11268 Directors (see board of directors) appointment, form of 11216 cannot serve as teacher 11137 guilty of misdemeanor, when 11161 how and by whom elected 11213 how elected 11210 may act as clerk, when 11215 may be removed 11216 oath of form 11214 qualifications of 11213 Disorganization of city, town or consolidated districts 11242 organization forfeited, when 11124 District clerk certificate to be filed with 11137 county superintendent shall assist 11346 director may act as 11215 duties of 11219 may be punished for neglect, when 11158 report to county superintendent 11219 removal of 11217 selection of 11215 shall keep record of bonds 11129 special meeting, notice of 11154 teahcer cannot serve as 11137 term of 11215 to certify vote on tax levy, when 11151 to keep records 11216, 59, 11219 to keep record of destroyed bonds 11131 to keep record special meetings 11154 to notify of change of boundaries 11226 to post notices 11127,11; 11152,31; 11153.32; 11154,32; 11221 to procure record books 11220 to record copy of reports 1 1226 to record plat 1 1226 to supply teacher with copy of rules 11135 Districts- aided by state, when. 11211 become disorganized, when 11124 bodies corporate 1 1 124 boundary, change of 1 1201 cannot be formed, divided by county line 11207 children's right to attend in old when new is formed 11208 city districts 11123 classification of. . 11123 Index. 225 Section Page Districts Continued. clerk, duties of 11219 73 clerk, penalty for neglect of duty 1 1 158 34 clerk, removal of 11217 71 clerk, selection of, term, etc 11215 69 clerk to keep records 11215 69 clerk to notify county clerk and superintendent 11226 77 clerk to post notices . 11221 74 clerk to procure record books 11221 74 clerk to record copy of reports 11226 77 clerk to record plat of '. . 11226 77 common school ' . 11123 7 consolidated 1 1 123 7 consolidated, how formed, governed . 11255 90 corporate powers 1 1 197 52 division of property when in two or more counties 11207 59 division to form new 1 1201 54 division, prohibited under certain conditions 11203 57 first meeting in new 1 1208 61 ' forfeit organization of, when 11124 9 formation, prohibited under certain conditions 11203 57 government and control of 11213 68 indebtedness, how paid 11222 74 in two or more counties, division of 11207 59 location of site in new 11210 62 may be attached to town, city or consolidated 11207 59 new, building fund, on what levied 1|1206 59 new, division of property 11204 58 new, formation of 11201 54 payment of indebtedness, from proper fund 11222 74 property rights waived . 11204 58 pupils may attend in other, when 11135 17 renumbering of, when how .* 11197 52 renumbered, rights not affected 11198 52 residents of island may form 11201 54 school money, loan of surplus 11228 78 special charter, change boundary 11202 57 to hold and sell property 11197 52 town districts ..;... 11123 7 town and city, length of term in 11244 86 town, city, consolidated, how organized 11242 85 town or city, effects of extension of . . 11236 80 town or city, how organized 11237 82 town or city, organization of in two districts 11236 80 town or city, organization of 11236 80 union of, to form new 11201 54 valuation of property when divided 11205 58 Election city, town and consolidated districts 11251 88 districts with special charter .' 11251 88 notice of 111S3 32 of county superintendent 11343 129 to erect schoolhouse 11152 31 to increase tax levy 11151 30 Election, special ballot 1 1234 80 conducted, how 11233 79 notice of 11232 79 8 226 Index. Section Page Election special Continued. result of 11235 80 to determine surrender of special charter 11231 79 Employment of children hours of labor 3 157 kinds of labor 4 158 labor permits inspected 11 160 may be renewed (certificate) 8 159 must be filed 9 159 must have employment certificate 5 153 occupations forbidden 6 158 over 14 and under 16, how employed 2 157 penalty for violating act 14 160 . permit certificate, how obtained 7 159 presence indicates employment 13 160 printing how paid 10 160 under 14 how employed 1 157 when not granted (labor permit) 12 160 Enumeration apportionment school funds based on 11179 42 blind, certified by clerk, when 11140 22 deaf and dumb, certified to whom 11140 22 lists approved by county superintendent 11346 131 lists to be furnished teachers by district clerk 11326 122 not taken in certain cities, when 11140 22 panalty for false information 11140 22 when and by whom taken 11140 22 who should be listed 1 1 140 22 Errors in apportionment how corrected 11181 45 Estimate county superintendent to approve 11346 131 to be sent to county clerk, when 11142 23 what contain 11142 23 Examination by state superintendent 11334 125 complimentary grades forbidden 11367 143 fees to be used for county association 11363 140 for county certificates 1 1358 136 grades accepted in lieu of 1 1356 142 in what subjects 11358 136 no fee for state 11334 125 Factory inspection law 1 157 Frances Willard day how observed 11163 36 when 11163 36 Foreword 5 Free textbooks for poor children school boards may furnish 11386 149 application for 1 1387 149 Index. 227 Section Page Free textbook law district may furnish, how 11394 150 foreign insurance to districts 11395 151 funds apportioned for textbooks only 11396 152 secretary of state agent 11397 152 Free textbooks to indigent pupils 11385 149 Funds (see also, interest fund, sinking fund) apportionment of, to districts to counties 11179 42 building fund 11152 31 county, by whom collected 11 165 36 county court to collect and distribute 11167 37 county court to have jurisdiction of 11167 37 county court to invest 11 165 36 county, from what source derived 11165 36 county, how invested 11165 36 county, how loaned. Const., art. XI, sec. 10 county, how loaned, how secured 11165 36 county, income, how applied 11165 36 county officers responsible for, when 11166 37 county, provided for, Const., art. XI, sec. 8 ... district, loan of surplus 11228 78 for building additions, how secured 11127 11 for furnishing schoolhouse, how obtained 11127 11 for furnishing schoolhouse 11152 31 for purchasing sites, how obtained 11127 11 for repairs, how secured 11127 11 interest must be provided 11128 13 not to be loaned to certain persons 11166 37 public, apportionment to counties 11179 42 public, apportionment to districts 11179 42 public, withheld, when 11145 25 school, distribution of. Const., art. XI, sec. 2 sinking, must be provided 11128 13 sinking, provided for, Const., art. X, sec 12 state, appropriation of, for school purposes, Const., art. XI. sec. 6 state, how invested. Const., art. XI, sec. 9 state, provided for. Const., art. XI, sec. 6 township, capital of, how invested 11172 39 township, care of 11170 39 township, source of 11169 38 transfer of, when county lines are changed 11171 38 transfer permissible 1 1223 76 Furnishing schoolhouses funds for 11127 11 Gifts board may accept 1 1267 101 High schools classification of 11337 127 establishment in city and town districts 11241 84 joint, how established 11218 71 how maintained 11218 71 length of term 11218 71 pupils entitled to attend 11218 71 228 Index. Section Page High Schools Continued. inspection by state superintendent 11337 127 list of classified to be published 11338 127 may be reclassified, when 11337 127 work accepted on entrance to state schools 11337 127 work required for first and second grade certificates 11360 138 attendance, how arranged 11125 10 training in certain counties 11322 119 transportation 11125 10 High school aid law state aid, how received 1 1295 108 state aid for special districts 11296 109 application for aid, made when, to whom 11297 109 county clerk to certify list 11297 109 duties of state superintendent 11297 109 High schools for colored children counties having a certain population 1 177 how governed and maintained 3 180 provide training in adjoining counties or cities 4 180 who may enter and how 2 179 Holidays named 1 1155 33 when may be claimed 11155 53 Indebtedness bonded, cities, counties, etc., may be funded 1042 162 must be paid out of proper fund 11222 74 not to exceed 5 per cent valuation, Const., art. X, sec. 12 ... not to exceed revenue, Const., art. X, sec. 12 .- Indigent pupils books may be furnished 11385 149 Inspection of schools by state superintendent 11336, 126, 11338 127 Institute (see colored teachers' institute). Interest board must provide 11129 14 board to make provision for 11133 15 county treasurer to collect 11168 38 on bonds when payable ; 11129 14 warrants not to bear 11159 35 Library board created 7188 156 board to select, classify and recommend books 7189 156 buildings for 11127 11 gifts for 11267 101 maintenance of, in case of annexation 11320 118 power to establish in cities 11243 85 school boards to purchase books 7190 157 Index. 229 Section Page Library districts and free county libraries board, powers of 3 209 building may be erected 7 211 city or town may join or withdraw, how f 6 210 contracts with other libraries 4 209 county library districts and free libraries established, how 1 207 exempt from library tax, who 5 210 librarians attend meetings 8 212 library board 2 208 secretary Missouri library commission, duties of 10 212 service to be given 9 212 Lincoln university appointment of board 4 155 appropriation 8 156 board of curators qualifications 2 155 may arrange attendance at universities in adjacent states 7 156 name changed 1 155 old board of regents to pass to new board of curators 5 155 organization of board of curators 6 156 powers and duties of board 3 155 Liquor sale to students 11588 172 Loan abstract title to be filed 11173 39 additional security may be required 11175 40 cost of securities, by whom paid. 11174 40 duplicate receipts to be given 11177 41 for erecting house, building addition, etc 11127 11 for furnishing schoolhouse 11127 11 form of ballot , 11 127 1 1 form of mortgage to secure 11174 40 form of ballot for voting 11127 11 for purchasing site, repairing house 11127 11 method of voting 11127 11 notice sale mortgaged property 11174 40 of district school funds 1 1228 78 question of, how decided 11127 11 rate cannot exceed legal 11128 13 restriction 11128 13 voting 11416 170 security for 11173 39 shall not be for longer than twenty years 11128 13 shall not exceed five per cent, etc 11128 13 sinking fund provided 11128 13 Lunches provided how 11134a 17 Meetings (see, also, annual meeting, special meeting) annual, powers of 11210 62 annual, when and where 11209 62 calling of, to form district 11199 53 county superintendent to hold six 11347 132 of board to employ teachers 11137 19 special, of board 11137 19 special, school 11154 32 when district in two counties. . 11207 59 230 Index. Section Page Misdemeanor book dealer guilty of, when 11381 director guilty of. when 11161 false enumeration 11140 for using other than adopted books 11383 granting complimentary grades or certificates 11367 injuring school property 11 158 officers guilty of, when 11168 parents guilty of, when 11136 publisher guilty of, when 11392 school officers guilty of, when 11158 teacher guilty of, when 11161 textbook commission 11383 Negro inspector appointment by state superintendent 1 new school laws enacted by the 51st General Assembly of the state of Missouri Night schools boards education may establish 11315 buildings may be leased for 11315 Ninth and tenth grades in local districts board of directors may provide 1 by petition 1 Non-residents admission of 11135 Normal diplomas, certificates may be revoked, how, by whom 11502 Notices of sale of mortgaged property 11174 of special meeting 11154 special school election, form of 11127 posted when, by whom 11127 to increase tax 11151 to teacher against whom charges are made 11334 to -vote tax for building purposes 11152 Oath of office county superintendent 11345 directors 11214 state superintendent 11333 Organization- forfeited, how 11124 of city and town districts 11 236 of common school districts 11201 of new common school districts of consolidated districts 11255 of unorganized territory 11199 Orphans may attend school, where . 11135 17 Parent or guardian guilty of misdemeanor, when 11136 , 19 required to send children to school 11323 119 Index. 231 Section Page Physical education, provisions for act does not apply, where 6 200 co-operate with state commissioner of health 6 200 empowered to raise funds 5 200 rights of school boards employing thirty or more teachers 4 199 state superintendent to adopt rules and regulations, duties of. . 1 198 teacher furnish health certificate 3 199 teacher-training institution, duties of 2 198 Physiology and hygiene instruction in 11162 36 Plat of district clerk required to file copy 11226 77 President board directors must sign warrants 11223 76 shall sign treasurer's book 11222 74 to call special meetings 11137 19 to receive traveling expenses, when 11222 74 to sign contracts 11137 19 Property board to have care of 11134 16 county clerk to list owners of personal 11183 46 county court shall resell, when 11178 41 court may appoint agent to rent, etc 11178 41 court may purchase mortgaged 11178 41 division of, new district 1 1204 58 leased or rented, under control of. 11191 50 penalty for injuring 11158 34 rights waived 1 1204 58 sale of 11241 84 sale of directed 11210 62 sheriff to sell mortgaged 11 176 40 title of, in whom vested. ^ 11191 50 trespass on 3402 16 1 valuation, when divided 11204 58 Public park and playgrounds how obtain site ? 11143, 24, 11243 85 regulation of 11243 85 withheld when 1 1145 25 Publisher (see textbook commission) bond of 11374 146 guilty of misdemeanor, when 11383 148 liable upon bond 1 1375 146 lists of, to be sent county superintendents 11376 147 must show ownership of house 11390 150 not to control prices 1 1389 149 penalty for bribery by 11393 150 penalty for selling without license * 11392 150 to file books with state superintendent 11372 145 to file sworn statements 11372 145 to forfeit contract, when 11391 150 to furnish list and sample books 11377 147 to pay filing fees 1 1373 146 232 Index. Section Page Publisher (see textbook commission) Continued. to preserve standard of quality 11372 145 to reduce prices, when 11372 145 Pupils age of admission 11141 23 board may admit nonresident 11135 17 board may suspend or expel, when 11135 17 examination and graduation of 11347 132 entitled to free tuition, when 11135 17 enumerated 1 1 140 22 examination of, by physician 11136 19 may attend in other districts, when 11124 9 may be excluded for contagion 11136 19 may be excused from attending, when 11324 120 nonresident, how admitted 11135 17 sale of liquor to 1 1558 172 sent to other districts, when 11124 9 subject to medical examination 11136 19 who may attend in any district 11135 17 who may enter high school 11218 71 work of, to receive credit . 11337 127 Qualifications of county superintendent 11343 director 11213 member textbook commission 11369 state superintendent 1 1333 voter at school meeting 11213 Regents, board of report of president 1 1505 annual report of 11505 compensation 11507 duties of secretary 1 1507 power to confer diplomas 1 1502 Rehabilitation of disabled persons board may receive gifts 5 board for vocational education, duties of 3 co-operate with workman's compensation commission 4 state treasurer, duties of 1 Religious assemblies disturbance of ' 3498 Repairs funds for, how secured 11127 transfer of funds for 1 1223 Reports county clerk to state superintendent 11185 county treasurer to county court 11224 county superintendent to district clerk 11346 county superintendent to school board 11346 county superintendent to state superintendent 11349 district clerk to county superintendent 1 1219 secretary board to state superintendent . 11266 Index. 233 Section Page Reports Continued. %tate board to legislature 11402 ' 154 state superintendent to legislature 11336 126 teacher to county superintendent 11349 133 teacher to district clerk 11227 78 Request of users of volume of school laws 4 Revocation of certificates by county superintendent 11364 141 by state superintendent 11334 125 charges for, how made 11364 141 normal diplomas 11502 171 Rules and regulations become effective, when 11135 17 clerk to supply teacher with copy 11135 17 made by board '. . . . 11135 17 part of contract, when 11138 21 Salaries county superintendents in certain counties 11353 134 method of ascertaining population to determine salary of county superintendent 11354 135 School (see schools) age, limits of, Const., art. XI, sec. 1 day, week, month, year 11155 33 delinquent taxes, how collected 11187 47 duty of board to visit 1 1139 22 fund, by whom apportionment is made 11179 42 holidays 11155 33 law, how distributed 1 1334 125 loan, how effected 1 1127 1 1 money, application of 11159 35 property, trespass on 3402 161 site cannot be abandoned, when 11191 50 site, change of 11210 62 site in new district 11210 62 term, length of 11124 9 term, length of, how determined 11210 62 term, length of, town and cities 1 1244 86 term, length required 11211 66 term, same for white and colored 11145 25 School day, week, month year what constitutes 11155 33 Schoolhouse additions to 11127 11 board shall not allow use of, when 11134 15 board to keep in repair 11134 15 board to rent, when 11145 25 funds for erecting 11127 11 funds for furnishing 11127 11 injury of 3402 161 levy for, how determined 11210 62 234 Index. Section Page Schoolhouse Continued. may be used for other purposes, when 11134 15 swept at expenses of district 11134 , 16 tax may be voted for 11152 31 use for religious purposes, etc 11210 62 use of for other than school purposes 11134 16 Schools (see school) classification of 11123 7 classification of high 11337 127 church, to receive no state aid, Const., art. XI 11 ... colored children cannot attend white 11144 25 (see, also, sec. 3, art. XI, Const.) control of joint, where vested 11145 county superintendent has supervision over 11346 expense of joint, how paid 11145 high, establishment of 1 1225 joint high, how established, etc 11218 inspection of 11334 may be closed, when how 11124 night, boarde may establish 11315 not to be suspended, when 11138 public, provided for. Const., art. XI % 1 ... separate, for negro children, Const., art. XI 3 sites, how selected 11143 24 truant, may be established 11327 123 visitation 11139 22 white children cannot attend colored 11144 25 Schools in cities and towns (see city and town schools and districts) School site additional grounds for, how obtained 11143 24 board may condemn 1 1 143 24 boards of education to purchase .^ 11314 115 change of, how made 11210 62 funds for, how obtained 11127 11 how selected 11143 24 location of in new district 11210 62 site cannot be abandoned, when 11191 50 title to, how obtained 11143 24 Seal board education to keep 11244 86 Secretary board education compensation of 11209 62 no compensation shall be granted, when 11240 83 shall make report to state superintendent 11266 101 Secretary board education compensation of 11240, 83, 11266 101 term begins, when 11240 83 Sinking fund boards education to loan 10313 115 board may invest or loan, when 11134 15 board must provide 11128 13 may be invested, when and how 11132 15 provided for, Const., art. X, sec. 12 Index. 235 Section Page Site, school house (see school site) Smith-Hughes enabling act advisors to boards of vocational schools. 11281 106 annual report required 11291 107 appropriating money 11293 107 attendance part-time vocational schools 11288 107 expenditures for administration of act 1 1282 106 federal funds available when 11287 107 inspection and approval of schools 1 1278 104 money used, how 11294 107 penalties 1 1292 107 responsibility, where placed 1 1289 107 schools to receive aid, when how much 11276 104 state board to make report to general assembly 11283 106 state board of education may excuse 11290 107 state standards 11286 106 state board of education, duties of 11271 102 state board authorized to incur expenditures 11272 103 state treasurer custodian of funds 11273 103 state treasurer, report to general assembly 11274 103 state board of education, duties of 11275 103 state advisory committee 1 1279 105 state superintendent, executive officer 11280 105 vocational education fund 11277 104 vocational and prevocational education denned 11284 106 Special charters how surrendered 11230 79 Special meetings by whom called 11153 32 called by board, when 11154 32 form of petition for 11154 33 form of notice for 1 1 154 33 manner of holding 11154 32 notice to be given 1 1 154 32 president to call 11 137 19 power of, limited 11154 32 record to be kept 1 1 154 32 State aid consolidated district (high school) 11264 97 consolidated district (elementary school) 11265 98 consolidated district (building) 11263 97 high school 1 1295 108 high school, special high schools. . . 11296 109 in case of infectious disease 11180 45 rural school, one teacher 11211 66 rural school, two or more teachers 11211 66 rural school, in consolidated district 1 1265 98 rural school (weak), for tuition 11212 68 teacher-training 11299 110 teacher-training in cities of 75,000 and over 11299 110 vocational aid (Smith-Hughes act) 11277 104 State board education duty as to state school fund 11400 153 duty in relation to swamp lands 11399 153 236 Index. Section Page State board education Continued. how composed 11398 152 powers and duties 11398 152 power to employ attorney 11401 153 provided for, Const., art. XI, sec. 4 shall establish institutes for colored teachers 11365 142 shall outline institute work 11365 142 state superintendent president 11398 152 to make report to general assembly 11402 154 State superintendent annual report of 11336 126 apportionment of state funds by 11179 42 bond and qualification of 11333 125 duties and powers of 11334 125 election and term of 11332 124 examination of teachers by 11334 125 inspection of high schools by 11336 126 inspect special classes of defectives 11149 28 may classify high schools 11181 45 may correct error in apportionment 11337 127 may employ chief clerk 11335 126 may require reports 11334 125 may revoke certificates 11334 125 not permitted to act as agent 11340 128 president state board of education 11398 152 school visitation by 11336 126 to advise officers 11336 126 to call convention county superintendents 11351 133 to furnish blanks 11350 133 to furnish list of publishers, etc 11376 147 to prescribe form for blanks ' 11339 127 vacancy in office, how filled 11332 124 Summer schools (see approved summer schools). Supervision, county (see county superintendent). Swamp lands duty state board education 11401, 153, 11399 153 Taxes (see funds) compensation county collector for collecting. - 11186 47 county clerk to assess building 11152 31 county clerk to assess, when 11151 30 delinquent, how collected 11187 47 increase, by whom voted? 11151 30 levy for schoolhouse 11210 62 levy increased, how 11151 30 levy, purposes, limitations 11183 46 may be increased for school purposes 11151 30 may be voted for building purposes 11152 31 maximum rate (Const., art. X, sec. ll) proposition to increase levy 11151 30 provision for (Const., art. X, sec. ll) qualified voters may vote 11152 31 Teacher board cannot dismiss. . . 11138 21 Index. 237 Section Page Teacher Continued. board may refuse to pay, when 11138 21 board to employ, when 11137 19 cannot serve as clerk 11137 19 contract, form of. .' 11137 21 director cannot serve as 11137 19 duty to attend association 1 1348 132 examination of, county 11359 138 guilty of misdemeanor, when 11161, 36, 11383 148 may exclude children with contagion, when 11136 19 not to be paid, when 11160 35 not to receive salary, when 11227, 78, 11349 133 state superintendent may examine 11334 125 to be furnished with enumeration lists 11326 122 to forfeit salary, when 11161 36 to have legal certificate 11160 35 to keep daily register ^ 11 164 36 to make monthly and term reports 11227 78 to make term report to county superintendent 11349 133 to report nonattendants 1 1326 122 to sign contracts 11137 19 warrants, how paid, to whom paid 11159 35 Teacher- training teacher-training courses, provisions for 11298 110 state aid, amount of, payable how 11299 110 state aid, when more than one high school 11300 111 inspector of teacher-training 11301 111 state superintendent, duties of 11302 111 examination of graduation 1 1303 111 certificate of graduation 11304 . 112 Teacher-training in cities of 75,000 and over 11309 113 Teacher-training high school summer schools board of education to make necessary rules, etc 11305 112 credit of work to students 1 1306 113 grades accepted for county certificates 11308 113 length of term 11307 113 Teeth, instruction in care and hygiene of chapter edited by competent committee 1 181 misdemeanor to use other text 2 181 Term length of 11124, 9, 11229 79 length of, city and town districts 1 1244 86 length of, how determined 11210 62 length required 11211 66 of office, county superintendent 1 1343 129 same for white and colored children 11145 25 Textbook commission (see publisher) adopted books to be used exclusively 11378 147 attorney-general to enter proceedings, when 11391 150 books for indigent children 11385 149 cities and towns exempt 11371 145 dealer to sell at not more than 15 per cent profit 11381 148 exchange price of books 11382 148 238 Index. Section Page Textbook commission (see publisher) Continued. how composed 11369 144 ineligible, who 1 1369 144 meetings of 1 1370 144 penalty for using other than adopted books " 11383 148 president of 11370 144 quorum . 1 1369 144 remuneration 11370 144 selection of books, what considered 11380 148 supplementary books may be used 11384 149 to advertise before making changes 11379 148 to enter into contract for five years 11378 147 to make adoptions from filed list 1 1371 145 traveling expenses, how paid 11377 144 vacancies, how filled 11369 144 Textbooks free 1 1394 150 district may furnish, how 11394 150 foreign insurance to districts 11395 151 funds apportioned for textbooks only 11396 152 secretary of state, agent 1 1397 152 Textbooks, free for poor children 11386 149 Textbooks, free for indigent pupils 11385 149 Town school districts (see city and town districts). Township treasurer (see treasurer and county treasurer) penalty for failure to make settlement : . . . 11190 49 settlement of 11189 48 to be responsible, when 11127 11 to countersign bonds 11127 11 Transportation of pupils may be provided 11125 10 may be provided 11126 10 Traveling expenses and clerical help for county superintendents. . . . 11356 135 Treasurer (see county treasurer, township treasurer) board of education, collector pays money to 11250 88 board of education, compensation 11266 101 board of education, compensation 1 1240 83 liability of 11246 87 money paid to 11247 87 settlement of 1 1248 87 county, bond 1 1 188 47 compensation of. . 11188 47 duties 11188 47 give duplicate receipts 1 1 168 38 settlement of 11189 48 statement to district clerk 11189 48 to collect interest 11168 38 custodian district moneys 11245 86 penalty for failure to make settlement 11190 49 suit against, how brought 1 1245 86 Index. 239 % Section Page Treasurer (see county treasurer, township treasurer Continued. to be responsible, when 11127 11 town or city district, to receive money 11250 88 township, settlement 11189 48 Truant schools boards may establish 11327 123 Tuberculosis, cause and prevention instruction in 11162 36 Tuition board responsible for, when 11146 27 how collected 11146 27 to be paid by nonresidents, fixed by board 11135 17 to be prorated, when how 1 1 146 27 tuition of colored children to be paid, when 11146 27 who entitled to free 11135 17 Unorganized territory attached to adjoining districts, how 11199 53 incorporation of, how 11199 53 incorporation of, not provided in sec. 11199 11200 54 Vacancy board, county superintendent may fill, when 11216 70 board directors, how filled 11210 62 office, county superintendent, how filled 11343 129 office, state superintendent, how filled 11332 124 textbook commission 11369 144 Visitation schools 11139 22 Vocational education advisors to boards of vocational schools 11281 106 annual report required 11291 107 appropriating money 1 1293 107 attendance part-time vocational schools 11288 107 expenditures for administration of act 11282 106 federal funds, available when 11287 107 inspection and approval of schools 1 1278 104 money used, how 1 1294 107 penalties 1 1292 107 responsibility, where placed 1 1289 107 schools to receive aid, when how much 11276 104 state board to make report to general assembly 11283 106 state board of education 11290 107 state standards - 1 1286 106 state board of education, duties of 11271 102 state board authorized to incur expenditures 11272 103 state treasurer custodian of funds 11273 103 state treasurer, report to general assembly 11274 103 state board of education, duties of 1 1275 103 state advisory committee 11279 105 state superintendent, executive officer 11280 105 vocational education fund 11277 104 vocational and prevocational education defined 11284 106 240 Index. Section Page Volume of school laws is state property 3 Voters qualified, may vote building tax 11152 31 qualified, who are 11213 68 petition by qualified 11154 32 Warrants form of 11223 76 must be on proper fund 1 1223 76 no partial payments on 11223 76 not to bear interest 11 159 35 not to be paid, when 11159 35 paid out of current funds 11159 35 teachers, how paid : 11159 35 teachers, to whom paid 11159 35 to be drawn on appropriate funds 11445 171 Week, school (see school day, etc.). White children cannot attend colored school 11144 separate schools for 1 1 144 V 478376 UNIVERSITY OF CALIFORNIA LIBRARY