, v^^ LIBRARY OF THE University of California. GIFT OF Class ' / Complim^iits ^* I n SBperinteideit of Pnbilc iBstmMl PIERRE, - SOUTH DAKOTA. Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/compiledschoollaOOsoutrich The (Sompiled SCHOOL LAWS Of. South Dakota With Constitutional Provisions Department of Public Instruction E. E. COLLINS, Superintendent G. J. Schellcnger, Deputy Second Edition MITCHKLI<, S. D. THK EDUCATOR SCHOOI. SUPPLY CO. PUBI.ISHERS 1901 \'^o| > A/ s EDUCATION (S. B. 174) An Act to Establish a Uniform System of Education for the State of South Dakota and to Repeal ^Certain Legisla- tion Relating" Thereto. Be it Enacted hy the Legislature of the State of South Dakota: CHAPTER I. STATE SUPERVISION. § 1. Superintendent — Duties of.] The Superintend- ent of Public Instruction shall be charged with the general supervision of all the county schools and the high schools and of all the city and county superintendents of the state. He shall meet county superintendents in convention at least once each year, at such points in the state as he may deem most suitable for that purpose, and by explanation and discussion endeavor to secure a more uniform and ef- ficient administration of the school laws. He shall at- tend teachers' institutes in the several counties in the state as far as may be consistent with other duties imposed b}'' law, and assist by lecture or otherwise, in their instruction and management. The State Superintendent shall pre- scribe rules and regulations for holding county normal institutes. He shall render a written opinion to any county superintendent asking it, touching the exposition or administration of the school law, and shall determine all cases appealed from the county superintendent. § 2. Office of.] An office shall be provided for him at the seat of government in which he shall file all papers, reports and public documents transmitted to him by the county superintendents, each year separately, and hold the same in readiness to be exhibited to the governor or a com- mittee of either house of the legislature at any time when 180919 Jf SCHOOL LAWS required; and he shall keep a faithful record of all matters pertaining" to his of&ce. All books presented to his of- fice or purchased therefor shall be carefully preserved and catalogued by him. The educational library thus formed shall be open to the teachers of the state for reference and examination. § 3. Shall Make Report.] On or before the 15th day of December preceding each regular session of the legisla- ture, he shall present a biennial report to the Governor, which report shall show the condition and needs of the public schools thruout the State and the workings of the educational system of the State. § 4. To Prepare Examination Questions.] It shall be his duty to prepare all questions for the examination of teachers by the county superintendents, and no county superintendent shall examine teachers with questions not thus furnished. Whosoever shall sell, barter or give away to applicants for certificates or to any other person the questions prepared by the Superintendent of Public Instruction to be used by the county superintendent in the examination of teachers shall be deemed guilty of a rnis- demeanor, and on conviction thereof shall be fined not less than twenty-five ($25) dollars or more than one hundred ($100) dollars. § 5. May Appoint Deputy.] He shall have power to app')int one assistant, or deputy, who shall receive a salary of one thousand, two hundred. ($1,200) dollars, and shall perform such duties pertaining to the ofiice as the super- intendent may direct. § 6. Institute Conductors.] He shall, on or before March 1st in each year, prepare and send to each county superintendent a list of the names of institute conductors, and county superintendents shall engage conductors for their county normal institutes from the list sent by the Superintendent of Public Instruction. § 7. Meeting of Institute Conductors.] He shall, on or before the 1st' day of April of each year, call a meeting of the county institute conductors, for the purpose of ex- changing views relative to the best methods of teaching and for outlining, as far as practicable, a general plan for institute work. SCHOOL LAWS 5 § 8. Blanks and Blank Forms.] All the necessary blanks to be used in transacting the business between the <!Jounty and the State Superintendent shall be supplied by the State Superintendent. He shall also compile a book of forms or blanks not furnished by the state, and all blanks used in a county or district must correspond with a form in such book. § 9. Compensation of.] He shall receive such salary as is prescribed by law, and also a sum not exceeding two hundred (S200) dollars per annum for traveling and other expenses, while traveling on the business of the depart- ment. The traveling expense account and the certified bills for necessary office expenses, and for the printing of such blanks and reports as are required by law, shall be paid on the warrant of the State Auditor. §10. State Certificates and Diplomas.] He shall have power to grant state certificates and state diplomas. He shall keep a full record of all state certificates and diplo- mas, and carefully file in his office all papers relating thereto, and preserve said papers for the period for which a state certificate or diploma can be granted. He shall at the close of each quarter send to each county superin- tendent in the state, a list of the persons receiving state certificates and diplomas. § 11. Examination for Same.] Public examinations for state certificates and state diplomas shall be held by the superintendent of public instruction at least twice each year, at such time and place as he may select, as will best accommodate the teachers of the state. § 12. State Certificate — How Secured.] A state certi- ficate shall be valid for five years, authorizing the person to whom it is issued to teach in any of the common schools of the state, including those in cities and towns, for the period of five years aforesaid. Candidates for state cer- tificates shall present satisfactory evidence of three years' successful experience, such evidence to be genuine, reli- able and from disinterested persons. They shall pass a satisfactory examination in each of the following branches: Algebra, geometry, natural philosophy, physiology and hygiene, drawing, civil government, didactics, general his- 6 SCHOOL LAWS tory and American literature. The character of the pa- pers submitted in the examination shall determine the candidate's knowledge of the English grammar, orthogra- phy and penmanship. The possession of a good moral character shall be deemed a necessary requisite in every candidate and satisfactory recommendation to establish this shall be submitted by each candidate. Any resident graduate of either of the state normal schools or the state university of South Dakota shall, upon the presentation of his or her diploma, be entitled to receive a first grade cer- tificate free of charge, provided the graduates of said uni- versity have taken a course of pedagogy as given in that institution. A candidate for state certificate, a resi- dent graduate of any college in this state, having taken a course of study equivalent to the advanced course of study prescribed in either of the state normal schools, or the collegiate department of the State University of South Dakota shall, upon filing with the State Superintendent his or her diploma, a copy of the course of study pursued and the written endorsement of the faculty of instruction, be exempt from the required examination; provided, the applicant has taught successfully in the public schools for at least one year. The Superintendent of Public In- struction shall issue such state certificate free of charge. § 13. Renewal of Certificates.] The state superin- tendent may renew a first grade or five-year certificate upon the presentation by the applicant of his certificate and evidence of continued employment and successful ex- perience in the business of teaching. § 14, State Diplomas — How Secured.] A state di- ploma shall be valid for life, and shall authorize the holder thereof to teach in any of the public schools of the state. The requirements of a state diploma shall be as follows: First. The candidate must present the diploma of the institution of which he is a graduate, with a copy of the course of study therein taught, or he must pass an exami- nation it: such branches as will be selected by the Super- intendent of Public Instruction. Second. He must present ample proof that he has had at least tejQ (10) years' successful experience as a teacher. SCHOOL LAWS 7 Third. He must pass a satisfactory examination in the science and art of education. This shall be more or less extensive as the candidate is or is not a graduate of some reputable Normal School. Fourth. He must pass an examination in two branches selected by him from the following: Geometry, trigonom- etry, astronomy, chemistry, zoology or geology. He must also pass an examination in two branches selected by him from the following: English literature, rhetoric, gen- eral history, political economy and psychology. Fifth. He must write a thesis of not less than three thousand (3,000) or more than five thousand (5,000) words upon some special topic embraced in one of the branches in which he is examined. His thesis the Superintendent shall submit to two persons of acknowledged ability to review. Sixth. All papers must show a correct and intimate knowledge of English. Seventh. He must be recommended by persons of lib- eral education, disinterested and having a full knowledge of his experience. Eighth. He must submit a thesis in his own handwrit- ing upon some professional subject chosen by the Super- intendent. Ninth. He must submit evidence of a good moral character. § 15. Certificate Fee.] Each applicant for a state cer- tificate, except resident graduates from the Normal schools of the stat^, or other institutions having Normal depart- ments of the same requirement, and the State University, shall pay a fee of five dollars ($5.00) and for state diplomas shall pay a fee of ten dollars (110.00). All fees thus col- lected shall be paid by the superintendent into the state treasury, and shall constitute the teachers' reading circle fund and shall be subject to the order of the State Auditor for that purpose; Provided, that should an applicant fail in said examination, one-half the fee shall be returned; Pro- vided that the State Auditor shall issue his warrant en the State Treasurer, in favor of the State Teachers Reading Circle upon vouchers filed by the Superintendent of Public Instruction. 8 SCHOOL LAWS § 16. May be Revoked.] The Superintendent of Pub- lic Instruction shall have power to revoke any state certifi- cate or diploma for any cause that would have prevented its issue. CHAPTER II. COUNTY SUPERVISION. § 1. Superintendent — Duties of.] The county super- intendent of schools shall be charged with the general supervision of the schools of his county. He shall visit each school in his county as frequently as possible, at least once every school year, correcting" any deficiency that may exist in the government of the school, in the classification of the pupils, or in the methods cf instruction in the several branches taught; make suggestions as he shall deem proper and necessary for the welfare of the school; note the character and condition of the school house, fur- niture, apparatus and grounds, making such suggestions to the district officers as will in his opinion improve the same. He shall keep a complete record of his official acts, a record of the name, age and postoffice address of each candidate for a certificate to teach, standing in each study, and the grade, date of issue p,nd expiration of each certificate granted. He shall keep on file the papers of applicants for second and third grade, at least for the period for which a certificate is granted. He shall keep a register of the teachers employed in his count}^, giving name of teachers, district in which employed, date of open- ing and closing terms, salary per month, grade of certifi- cate and date of superintendent's visits. He shall keep a record of all apportionments of the state and county school fund, and such other statistical records as shall be required in making reports to the Superintendent of Public Instruction. In addition to his annual report he shall, whenever called upon by the Superintendent of Public Instruction, make such special reports as may be required. § 2. Shall Encourage Teachers' Institutes.] The county superintendent of schools shall encourage teachers' institutes and associations, and shall labor in every prac- ticable way to elevate the standard of teaching, urge the SCHOOL LAWS 9 •continual employment of successful and efficient teachers, and prevent by all proper means the employment of those who are incompetent and inefficient and seek to make the employment of all teachers a responsible public duty, for the public advantage only, and free from favor and secta- rian interest. § 3. County Certificates — Requirements for.] On the first Friday of March, June, September and November of each year, the county superintendent shall examine per- sons offering- themselves as teachers for the public schools, at least two of which examinations shall be held at the county seat, notice of which examination shall be duly published in the official newspapers of the county. The ratio of correct answers, compared with the per centum established by the Superintendent of Public Instruction for the granting- of certificates, all evidence disclosed by the examination and the superintendent's personal knowl- edge of the candidate's ability to teach and govern shall be the reasons for granting or refusing a certificate to any applicant; Provided, that no person shall be granted a certificate who does not possess a good moral character. § 4. Grades of Same.] County certificates shall be of three grades. The first grade certificates shall be valid for a term of three j^ears in every county in the state. Applicants for a certificate of this grade shall pass an ex- amination in orthography, reading, writing, arithmetic, geography, including physical geograph}^ English gram- mar, physiology and hygiene, history of the United States, civil government, current events, American literature, book-keeping, drawing and didactics. The papers of applicants for first grade certificates shall be marked b}^ the county superintendent and forwarded by him to the Superintendent of Public Instruction who shall, after in- spection and approval of the same, issue said certificates and send lists of the same without delay to all of the county superintendents of the state. The second grade certifi- cates shall be valid for a term of two years. Applicants for certificates of this grade shall pass examination in orthography, reading, writing, arithmetic, physiology and hygiene, geography, English grammar, history of the 10 SCHOOL LAWS United States, civil g-overnment and didactics. Appli- cants for third g-rade certificates shall pass examination in orthography, reading, writing, arithrnetic, hygiene, geog- raphy, English grammar, history of the United States and didactics The third grade certificates shall be valid for a term of not more than one year, or less, at the discretion of the county superintendent. Examinations for third grade certificates may be held privately, subject to rules and regulations prescribed by the Superintendent of Public Instruction. Second and third grade certificates shall be issued by the county superintendent. The second grade shall be valid in any school in the county in which it is issued, and the third grade certificate shall be valid only in such school as may be designated by the county superintendent. The county superintendent shall re- quire a fee of one dollar ($1) from every applicant for a certificate and all fees so collected shall at the close of each examination be deposited with the county treasurer to the credit of the county institute fund. § 5. Age of Applicant..] No first or second grade cer- tificate shall be issued to any person under eighteen years . of age; no third grade certificate shall be issued to any person under seventeen years of age. No person shall be allowed to teach in any school of the state, who is not the holder of a valid certificate. All contracts made in violation of the provisions of this section shall be void. § 6. Revocation of Certificates.] The county super- intendent is authorized and required to revoke at any time any certificate held in his county, under authority of Sec- tion four (4) of this chapter, for any cause which would have authorized or required a refusal to g-rant the same, if known at the time it was granted, and for incompetency, immorality, intemperance, violation of the state law, cruelty, g-eneral neg"lect of business of the school or for refusal or neglect to attend regularly a county institute and at least one district institute each year, after due no- tice; Provided, that holders of first g-rade county certifi- cates, in force, who have attended regularly at least four (4) normal institutes, may be excused by the county super- intendent, in his discretion, from attendance at institute SCHOOL LAWS 11 for such current year; and the revocation shall terminate the employment of such teacher in the school where he or she may be at the time employed; but the teacher must be paid up to the time of receiving- such revocation. The county superintendent must at once notify the district board by whom such teacher is employed of such revoca- tion, and at the same time shall notify the teacher. And in case of a revocation of a first g-rade certificate he shall notify the superintendent of public instruction by an ab- stract of the charges thereof. The county superintendent must enter his action in such case of revocation in the books of his office. In revoking a certificate the county superintendent may act upon his personal knowledge or upon competent evidence obtained from others. In either case the actions shall be taken after a fair hearing- and the teacher must be notified of the charge and given a chance to make defense at some time and place stated in said no- tice. The state superintendent shall notify every county superintendent in the state of the revocation of a first g-rade certificate. When certificates are revoked the same shall be returned to the office of the county superin- tendent revoking the same; Provided, That if any teacher refuse to deliver said certificate that has been revoked, it shall be the duty of the county superintendent to publish notices of such revo- cation in the official papers of the county. § 7. County Normal Institute.] The county super- intendent shall hold annually a Normal Institute, between the first day of April and the fifteenth day of September, of not less than five days' duration, for the instruction of teachers and those who desire to teach, and he shall pro- cure such assistance in addition to the conductor as he may deem necessary. At the close of the normal institute the conductor thereof shall immediately forward to the county auditor a certified list of the persons enrolled therein, to- gether with a certified copy of the appointment of the conductor, and the county auditor shall present the said list and copy of such certificate to the county treasurer, who shall thereupon transfer the sum of two dollars (|2.00) for each and every person named in said list, from the n SCHOOL LAWS county g-eneral fund account to the county institute ac- count. All disbursements of the institute fund shall be upon warrant of the county superintendent and no warrant shall be drawn, and no money shall be paid as provided in this section unless the list and copy of the certificate has been filed, and then only upon certified, itemized bills pre- sented to the county superintendent and approved by him, for services rendered or expenses incurred in connection with the normal institute. %~%. Officers' Meeting-.] The county superintendent shall between the first day of December and the first day of April of each year require the district school officers of his county to assemble at one or more convenient locations within the county, for the purpose of discussing questions relative to their official powers and duties; Provided, He shall give said officers at least ten (10) days' notice of the same. He shall also notify Ihe State Superintendent and each school officer of the time and place for such meetings and also an outline of the subjects to be discussed at said meeting. § 9. Medium of Communication.] The county super- intendent shall at ail times conform to the instructions of the Superintendent of Public Instruction as to matters within the jurisdiction of the latter. He shall serve as a medium of communication between the Superintendent of Public Instruction and the district officers. § 10. Salaries of Superintendents.] The county su- perintendent shall receive a salary payable monthly and to be determined as follows: By the value of the property in their respective counties as fixed by the state board of equalization for the preceding year, and by the population of their respective counties. The entire vote of the county multiplied by five shall be the basis of reckoning the population. They shall be entitled to receive one (1) mill on each dollar of the first one hundred thousand dol- lars (J^100,000), and three eights (f) of one mill on each dollar from one hundred thousand dollars ($100,000) to six hundred thousand dollars (|6Q0,000); and one fourth (i) of one mill on each dollar from six hundred thousand dollars ($600,000) to one million one hundred thousand dollars. SCHOOL LAWS IS ($1,1^)0,000); and one tenth (i*o) of one mill on each dollar from one million one hundred thousand dollars (11,100,000) to two million six hundred thousand dollars ($2,600,000) and one twentieth (i\)) of one mill on each dollar on all sums above two million six hundred thousand dollars (|2,- 600,000). And in addition to the above named sum he shall receive for the first one thousand inhabitants within his county the sum of seventy-five dollars ($75), for each additional one thousand (1,000) inhabitants within the county or major fraction thereof he shall receive fifty dol- lars ($50). Provided, That he shall not receive more than fifteen hundred dollars ($1,500) in any county nor any other com- pensation; Provided, further, That in counties having- an assessed valuation of less than three hundred thousand dollars ($300,000) the salary shall not exceed two hundred dollars ($200). Provided, further. That the county superintendent shall sig-n his name in the attendance register of each school he visits, showing the date thereof, and that he carry a record book of such visits, which book shall be signed by the teacher of the school visited " by him, and such book shall be filed with the county auditor along with the bill of such superintendent's salary for the last month of the calendar year; and it shall be the duty of the county commissioners to deduct from the salar}^ of such superin- tendent for such last month ten dollars ($10) for each and every school in the county under the direct supervision of such superintendent, and not visited by him within such calendar year; Provided, This Act shall not reduce the salary of the county superintendents who were elected and qualified prior to the taking effect hereof. § 11. May Close School.] The county superintendent shall have power to close any school under his super- vision on account of contagious disease, or for any other good and sufficient cause known to him. The county superintendent of any county in this state shall have power and it shall be his duty, whenever petitioned so to do by i^ SCHOOL LAWS any land owner whose place of residence on such land in any school district in such county, or whose dwelling- house thereon is more than three miles from the location of the school house in such district, to make an order* at- taching- such land, not to exceed one hundred and sixty acres, to any adjoining school district, the school house in which is located within three miles or less of said resi- dence or dwelling- house, and thereafter said land shall be a part of the district to which it is so attached. • § 12. Visiting Schools.] It shall be the duty of the county superintendent of schools to visit the schools of all districts in his county. In towns having less than one thousand inhabitants, he shall have authority of direct supervision. § 13. Certificate Not Required.] In cities and other independent districts, persons exclusively engaged in teaching -music, drawing, penmanship, bookkeeping, for- eign language or kindergarten methods, shall not be re- quired to hold a county certificate. § 14. To Examine Accounts.] It shall be the duty of the county superintendent to examine at least once each year the records and accounts of the district officers, and to advise them as to the proper form of keeping such ac- counts. Should any such officer fail to make his report according to law and at the time required the county superintendent is authorized to procure the same by ex- amination of the records, files and accounts of such officer for the purpose of obtaining such information. It shall be the duty of the county superintendent to file with the chairman of the district board a certified statement of the condition of the records, accounts and funds of the treas- urer and clerk as shown by said examination. § 15. Vacancy— How Filled.] When the office of county superintendent shall become vacant by death, resig- nation, removal or otherwise, the county board of com- missioners shall fill the vacancy by appointment, and the person so appointed shall hold his office until the election of county officers. § 16. Treasurers' Bond.] The county superintendent may at any time require a new or additional bond for the SCHOOL LAWS 15 district officers whenever it may be deemed necessary by hira, or upon the failure, death or removal from the county of any one of the sureties. All such bonds shall be filed with the county auditor, and in the case of the breach of an}' conditions thereof, the county superintendent shall cause an action to be commenced and prosecuted thereon in the corporate name of the school district, and all moneys so collected shall be paid into the county treasury to be applied to the use of the schools of said district. If the county superintendent either fail or refuse to • bring- such action upon the breach of the bond, then any tax payer of the district may cause such action to be commenced, and the necessary expenses of such action shall be paid, unless • otherwise ordered by the court, out of the county treasury from the funds apportioned to such district, § 17. Oath of. Office.] The county superintendent shall have power to administer oaths of office to all sub- ordinate school officers in his county and to certify to the same, and district clerks are hereby empowered to ad- minister oaths in all matters to which their respective districts may be a party. § 18. Qualifications.] The county superintendent shall qualify on or before the first Tuesday in January of the year following* the one in which he is elected by taking the proper oath of office, and executing- a bond in the sum of five hundred (r^SOO) dollars with two or more sureties to be approved by the board of county commis- sioners. The oath shall be subscribed upon the back of the bond which shall be filed with the county auditor. The sureties of such bond shall be bound jointly and severally, and upon it an action or actions may be main- tained by the board of county commissioners for the benefit of the district or person or fund injured by the conditions thereof. § 19. May Provide Office.] The county superintend- ent may provide at the county seat a suitable office for the transaction of business, when not provided by the board of county commissioners, and they shall allow accounts for all necessary expenditures for the use and furnishing- of said office and for necessary stationery and printing. All 16 SCHOOL LAWS books and pamphlets, circulars of information and other publications from the bureau of information of the United States and all official publications of this state and other public documents and books relating to education, officially received by him, shall be deemed public property and shall be kept in his office and with other public property and records delivered to his successor. He shall furnish the' board of county commissioners such statistics relating to the schools of the county and the officers thereof as they shall desire, and as shall enable them to perform their duties correctly. § 20. Shall Report Enumeration.] For the purpose of this Act, all children in the state, over six and under twenty-oAe years of age, shall be considered of legal school age and the county superintendent shall, on.or be- fore the first day of July of each year, report under oath to the commissioner of school and public lands the enumera- tion of persons in his county of school age. Such enu- meration to be based upon the annual census taken by the district clerks of his county. § 21. Shall Make Annual Report.] The county super- intendent shall, on or before the first Monday of September of each year, make a report to the Superintendent of Pub- lic Instruction, containing a full abstract of the reports made to him by the district officers and such other matters as he shall be directed to report by the said superintend- ent, and as he himself may deem essential in exhibiting the true condition of the schools under his charge. Should he fail to make such report he shall forfeit to the school fund of his county, the sum of one hundred ($100) dollars and shall^besides, be liable for all damages caused by such neglect. § 22. Appeal From District School Boards.] The county superintendent of schools shall when requested give advice relative to school matters to any school officer or person within the county. But such advise shall be advisory only. Any party dissatisfied with a decision with the district school board or board of education rela-' tive to school matters may appeal therefrom to the circuit court of -the county, at any time within thirty days after SCHOOL LAWS 17 the rendering- of such decision. Said appeal is taken by serving- a notice of appeal upon the district school board or board of education or any member thereof and by filing such appeal and a bond for costs with the clerk of the school district or board of education. Said notice of appeal must state the decision appealed from, in a clear and concise manner. Said bond for costs shall be in the sum of one hundred ($100) dollars with two or more sureties approved by the clerk of said circuit court, conditioned that appellant pay all costs therein that may be adjudg-ed .. against him. When said notice of appeal and bond for costs is filed with the clerk of the school district or board of education as above, said school clerk shall, within five days thereafter transmit to the clerk of, the circuit court a certified copy of his record of the decision appealed from, and all original papers filed in his office in said matter, including the notice of appeal and bond for costs therein; and said clerk may be compelled by said circuit court by an order entered upon motion to submit such certified copies or original papers, and may be fined for neglect or refusal to transmit the same. For such transcript and •return the said clerk shall receive the usual copying fees, and mileage one way, same to be taxed as part of the cost of suit. And the clerk of the court shall receive and file said papers, and docket the same, in the same manner, and shall receive the same fees therefor as in appeals from justices' courts; Provided, His costs need not be paid beforehand. When any matter is so appealed and filed with the clerk of the circuit court it shall be docketed in the name of the dissatisfied party as appellant against the school district by its proper name as appellee, and it shall be tried anew in the circuit court according to the regular procedure pro- vided by law therein and shall in all respects be treated as a regular case or action in said circuit court, save as here- inafter expressly provided. No notice of trial or note of issue need be served to have such matter placed upon the trial calendar, and same shall come on for trial in its regu- lar order, except as provided below therein; and the same proceedings shall be had and all judgments or orders 18 SCHOOL LAWS therein shall be valid and mandatory as by law provided in any other regular case or action or proceeding in said circuit court; Provided, That above parties may agi ee upon the statement of facts in any actual case or matter tried anew thereon, before the court in chambers or in open court, after proper appeal and consent of parties. In all of above the circuit court shall render judgment therein and may render final judgment or make such order and direction therein as the circumstances of the case may require and as the very right of the case may appear and enforce the same upon execution or l)y mandamus or attachment as for contempt. § 23. Appeals from Circuit Court.] Appeals relative to school matters may be taken from the circuit court to the supreme court of the state, and the same proceeding shall be had, and all judgments and orders therein shall be valid and mandatory as by law^ provided in any other case, or action or appeal or proceeding in said supreme court. § 24. Duty of County Treasurer.] The county treas- urer shall on the first Monday in January and July furnish the county superintendent with a statement of all moneys ■ in the county treasury belonging to county general school fund, and shall pay the same upon the order of the super- intendent to the treasurers of the respective public school corporations of the county. The county treasurer shall also pay at such times as are required by law to the treas- urer of each school corporation, all of the school money collected for such corporation and shall take duplicate receipts for the money paid. He shall send one of the receipts to the clerk of the said school corporation. § 25. Apportionment of School Money.] The county superintendent shall, on or before the first Monday in January and July of each year, apportion the money in the county treasury belonging to the county general school fund to the several public school corporations within the county in proportion to the number of children of school age residing therein. He shall also draw orders on the county treasurer in favor of the several school treasurers of the county for the amount apportioned to them, and shall ta^e their receipts therefor. SCHOOL LAWS 19 §26. District Institutes.] It shall be the duty of the county superintendent to hold district institutes during- the school year, and shall actively and earnestly promote the same. In holding said institutes he may group two or more districts in institute organization. Said districts shall be so arranged that the teachers in the district or group of districts, shall have the benefit of such institutes at least twice during the school year. § 27. Not Hold Other Office,] The county superin- tendent shall not hold the office of county commissioner or school district officer. Provided, That no person shall hereafter be elected or appointed to the office of county superintendent who is not the holder of at least a valid first grade count}^ certificate secured at least one year prior thereto, and who has not had at least twenty-four (24) months of actual experience in school teaching. § 28. Clerk's Report.] The clerk of each district shall, on or before the first day of August of each year, make, sign, transmit or deliver to the county superintend- ent, an annual report in writing covering the preceding school year and including all the facts and statistics of the school district, which are required to be included in the county superintendent's state report and in the same order therein required except any item therein peculiar to the county and not belonging to the district. He shall also report the branches of study in the graded and un- graded schools separately, the names and addresses of the district school officers, and the dates when their terms severally expire, and all other facts and statistics which the county superintendent may require for his report to the superintendent of public instruction. He shall also enumerate the number of children of legal school age, male and female, designating each separately, residing in the districts on the first day of May previous to the date of such report, and shall file such census report with the county superintendent on or before the first Monday of June of each year. # § 29. Treasurer's Report.] At the annual meeting of the school board on the second Tuesday of July in each ^0 SCHOOL LAWS year, the incoming district board shall make settlement with the district treasurer, who shall at that meeting- make his annual report in triplicate, one copy to be preserved in the treasurer's office, and upon approval of the same by the district board, one approved copy to be filed with the dis- trict clerk, and one approved copy to be transmitted by said clerk to the county superintendent on or before the first day of August of each year. On making said settle- ment it shall be the duty of the district board to compare the certified bills allowed by the board with the orders is- sued, also to compare the orders paid by the district treas- urer the preceding year with the clerk's record of orders issued; and also compare the record of the money received and orders paid by said treasurer with his annual report, and if found correct the report shall be approved, the orders cancelled and filed with the district clerk. The board shall cause to be posted in three pifblic places, or published in a newspaper of general circulation in the county an itemized statement of the receipts and expendi- tures for the preceding school year. § 30. Failure of Officer to Report.] If any district officer fails or neglects to transmit or deliver to the county superintendent the annual report of his district at the time required by law, it shall become the duty of the county superintendent to visit said district officer at his residence in said district and obtain such report. Upon sworn statement of such visit being filed by the county superin- tendent with the county auditor, the county commissioners shall order the sum of five ($5.00) dollars to be transferred from the general fund of said district to the county general fund and a county warrant for that amount shall be issued to the county superintendent. § 31. Mileage of County Superintendent.] The county superintendent shall receive five (5) cents per mile each way for every mile necessarily traveled in attending such meeting of county superintendents as may be convened by the state superintendent at any time. Provided, That such mileage shall not be regarded as compensation. SCHOOL LAWS 21 CHAPTER III. SCHOOL CORPORATIONS. § 1. School Corporations Definea.] In all counties organized for school purposes under the district system, at the taking effect of this Act, each school district shall be and remain a school district corporation until changed as herein provided. Each township in every county in the state which at the taking effect of this Act consists of ter- ritory not organized into a civil township shall be and re- main a school district corporation, until changed as herein provided; Provided, further, Nothing in this Act shall be con- strued to alter the boundary lines of an}^ school district, or of any school township organized prior to the passage of this Act, except as hereinafter provided. § 2. New Counties — District of.] In any county here- after organized the count}^ commissioners shall divide the county, or the settled portion thereof, into school districts. In the formation of such districts and the formation of their boundaries as provided for in this section, the bound- ary lines of congressional townships shall be made the boundaries of the districts; Provided, That no districts shall be thus formed in which there are not at the time of its formation at least ten children of legal school age. § 8. District — How Sub-divided,] (1) In anj^ county school districts maj^ be divided as follows: Upon receipt of a petition signed by at least one third of the qualified electors of any district, it shall be the dut}^ of the district clerk to post a uotice on the door of each school house in said district, calling an election for the purpose of divid- ing said district into new districts. The election shall be held on the second Tuesday of March, at a convenient place designated by the school board at a regular or special meeting thereof; Provided, That said petition and posted notices &hall contain a plat of the proposed division, and a copy of said plat shall be posted by the district clerk at the polling place on the day of election; Provided, further, That said petition shall be filed with 22 SCHOOL LAWS the district clerk at least twenty days prior to said elec- tion and said notices shall be posted at least ten days be- fore said election, specifying time and place thereof. The provisions appertaining- to the election of district school officers shall apply to this election as near as applicable. ^ If a majority of the votes cast at this election are in favor of division, and said petition and poll book of said election are on file with the county auditor, the board of county commissioners and the county superintendent shall, at the next regular meeting of the board of county commissioners in April following such election, divide the said district in accordance with the return of said petition and election. Any district which comprises two or more civil townships may be divided into school districts in accordance with said petition and election. (2) At the regular meeting of the board of county commissioners in July following said election, the county commissioners and the county superintendent shall make an equitable apportionment of the property and indebted- ness (other than bonded) of the district among the new districts formed therefrom; Provided, That should there be any bonded indebted- ness outstanding against the district, the county commis- sioners shall levy a tax annually on the property of the new districts formed therefrom sufficient to pay the interest and principal of the bonds, as the same become due. The county treasurer shall apply such tax to the payment of said bonded indebtedness, and when the bonds are paid and cancelled, the county treasurer shall p|,ace the unused balance, if there be any of such tax, to the credit of the district formed therefrom. (3) Upon the receipt of a jDetition signed by a majority of the qualified electors of any civil township in said county, having districts smaller than civil townships, the county commissioners and the county superintendent of schools shall declare that the school districts shall com- prise a civil township, and the county superintendent shall appoint the necessary officers, as hereinafter provided in Section 1 of Chapter 4 of this Act, who shall hold until the next election. SCHOOL LAWS 28 § 4. Officer's Report in Case of Sub-division.] In each new district formed by division as provided for in Section 3, the officers thereof shall be chosen at the annual school meeting- following-. The clerk of each original district shall, on or before the first Monday in July following the division as provided in Section 3 of this Chapter, forward to the county auditor a certified statement of the finances of the district, including the bonded and other indebted- ness. The treasurer of each original district shall also within the same time turn over to the county treasurer all money belonging to said district and such money shall be apportioned to the districts succeeding as provided in Sec- tion 3 of this Chapter. § 5. Name of School District.] Every schorl district which consists of a civil township shall be named the .... school district of county, State of South Dakota, with the name of the civil township inserted in the blank before the word school, and the name of the county in which it is situated inserted before the word county. Every school district consisting of territory not organized into a civil township, but which has been named by a distinctive name shall have such distinctive name inserted in the blank before the word school. Every school district consisting of territory not organized into a civil township and which has no distinctive name, shall be called school district No .... of county, with its proper number inserted in the blank after the word num- ber, and the proper name of county inserted. §6. Boundaries — How Changed ] After the boundary lines of the several school districts in a county are estab- lished, such boundaries at any regular meeting may be changed, by the board of county commissioners and the county superintendent of schools upon a petition for such change signed by ten legal voters residing in the districts to be affected by the change; due notice having been given by the county auditor to the school board of the districts to be affected by such proposed change; if in the judgment of the commissioners and the superintendent such change is for the best interest of the patrons of the schools. Provided, That when petition is made for the formation 2Ji. SCHOOL LAWS of a district from parts of two or more counties, the com- missioners of the said counties may in their discretion ap- point a joint commission to establish the boundaries of the proposed district, and to adjust all the accounts relating- thereto. The said joint commission shall appoint the necessary officers in said district. It shall be the duty of the county superintendent of the county in which the school house of said district is located to fill all vacancies that may occur thereafter; to license the teacher for said school and to have supervision of the same. Whenever district boundaries shall be changed under the provisions of this act, it shall be the duty of the county commissioners and the county superintendent to make an apportionment of property and indebtedness as provided in Section 3 of this Chapter. § 7. School District Corporations.] Every school dis- trict established under the provisions of this act or hereto- fore established, shall be and is hereby constituted a dis- trict corporation for school purposes and under its own proper name and number of such corporation, may sue and be sued, contract and be contracted with, purchase, hold and use personal and real property for the purposes men- tioned in this act, and sell and disj)ose of the same. § 8. County Superintendent Shall Make Plat of County.] The county superintendent shall, within thirty days after the first school election held as provided herein, transmit to the superintendent of public instruction a plat of the county showing- the boundaries and name of each school district therein. He shall also record a copy of the same, together with all the proceedings of the county board done under this act in a proper book kept for the purpose. He shall promptly furnish such officer with a corrected plat, showing any changes at an}^ time in the boundaries of school corporations. The superintendent of public instruction shall furnish directions for the suit- able preparation and construction of such plats in regard to the scale of marking, etc., in order to secure a uniform series of maps for binding for office use. CHAPTER IV. DISTRICT SCHOOL BOARD. 1. School District Officers.] On the third Tuesday SCHOOL LAWS 25 in June, 1891, there shall be elected in each district a school board consisting- of a chairman, clerk and treasurer, for the term of one, two and three years, respectively, and annu- ally thereafter one member of said board for the term of three years. Such officer and member elected under the provisions of this Act shall qualify on or before the second Tuesday in July following- his election, and shall hold his office for the number of years for which he is elected, and until his successor is elected and qualified. Whenever a school district shall be formed, the county superintendent of schools shall appoint temporary officers for such school district, who, shall serve until the first annual school election following- and until their successors are elected and qualified. Whenever a vacancy may occur from any cause in any school district office under the supervision of the county superintendent, he shall fill such vacancy by appointment, and such officer shall hold such office until the- next election when the vacancy shall be filled by a vote of the people. § 2. Annual Election of School Officers.] Not less than ten days before the election required under Section 1 of this Chapter, the district clerk shall post notices in three public places in the district. Said notices shall specify the time and place of holding the election, and the hours during which the polls shall be kept open. The chairman and clerk of the district board shall serve as judge and clerk of the election. It they are not ^resent at the time of opening the polls, voters present may select a judge and clerk from their number. The polls shall be open at 2 p. m. and kept open two hours in the district hav- ing but one school, and four hours in districts having more than one school. All persons who are qualified electors under the constitution of the state shall be qualified to vote at any school district election. The voting must be by ballot and the polls and tally lists supplied thru the county superintendent must be kept and returned to the district clerk, who shall upon receipt of the same, issue the certifi- cate of election to the person receiving- the greatest number of votes as shown by the certified returns; Provided, That in case of a tie in the election of an 26 SCHOOL LAWS officer, the contest shall be settled at once by lot by the board of election. § 3. School Boards — Meetings of.] District boards shall hold three regular meetings each year for the trans- action of business to- wit: On the second Tuesday in July, the last Tuesday in November and March, at such place and hour as may be fixed by the school board; Provided, That the district clerk shall when requested by a majority of the board call a special meeting at any time by giving written notice to each member of the board; Provided, also, That in any school district five legal voters may petition the clerk to call a special meeting of the voters at any time, and it shall be the duty of the clerk to call such meeting by posting such notices at least ten days prior to the time of the meeting in three of the most conspicuous places in the district. Such notices shall give the date, hour and object of the meeting. § 4. Chairman — Duties of — Salary.] The chairman shall preside at all meetings of the board. In his ab- sence the chairman protempore shall preside. The chair- man shall perform such other duties as are prescribed in this Act. He shall receive one dollar and fifty cents ($1.50) for each regular meeting of the district board at- tended by him, and one dollar and fifty cents ($1.50) for attending such meeting of the school officers as provided for in Section 8, Chapter II of this Act, and shall receive no other compensation for his services as a district officer. § 5. Clerk— Duties of.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and state- ments, shall take census of the children of legal school age in his district giving the age, parent or guardian of each, and file the same with the county superintendent on or be- fore the first Monday of June in each year, and also shall place one copy of said census in the register of each school in the district, * and perform all other duties required by law or by order of the board. § 6. Clerk and Treasurer— Bonds of.] The school treasurer shall, on or before the second Tuesday in July following Ills election and before entering upon his duties^ SCHOOL LAWS 27 give a bond to the school district, conditioned that he will honestly and faithfully discharge, his duties as treasurer, that he will render a true account of all funds and property that shall come into his hands and pay and deliver the .same according to law; said bond shall become void w^hen said treasurer has completed his term and all his acts shall have been approved by the school board and a ma- jority of the electors at any regular or regularly called special meeting. Provided, That a bonafide deposit of school funds in the name of the school district in any bank or depository selected by a majority of the school electors of any school district shall relieve the school treasurer from the liability for loss of said deposited funds, while on deposit therein. ^Such bond shall be in such penal sum as may be fixed by the clerk and chairman of the board, but not less than double the sum, as nearly as can be ascer- tained, to come into his hands in any one year, shall be signed by two or more sufficient sureties and shall be ap- proved by the clerk and chairman of the board. In case the said chairman and clerk refuse or neglect to approve the bond of the district treasurer and the sureties thereto, such treasurer may present the same to the county super- intendent and serve notice thereof upon said chairman and clerk, and upon due proof of such notice being made to the county superintendent, he shall, unless good cause for delay appear, proceed to hear and determine the sufficiency of the bond and sureties thereto, and may approve the same, and such approval shall be in all respects valid. The clerk of the school board shall, on or before the second Tuesday in July following his election, and before enter- ing upon his duties, give a bond to the school district con- ditioned that he will honestly and faithfully discharge his duties as clerk, that he w^ill render a true account of all property that shall come into his hands as such clerk and deliver the same according to law. Such bond shall be in the penal sum of one hundred ($100) dollars; shall be signed by two or more sufficient sureties and shall be approved by the chairman and treasurer. In case of neglect or re- fusal to approve such bond, it shall be approved in such 28 SCHOOL LAWS manner as provided in this section for the approval of the bond of the treasurer. § 7. Treasurer — Duties of.] The school treasurer shall keep such accounts and make such reports as are required of him by law. He shall pay no money out of the school funds in his hands except upon the warrant of the school board, signed by the clerk and countersigned by the chairman. He shall pay all warrants properly drawn and signed when presented so long as thei*e is any money in his hands or subject to his order for their payment, and shall draw all money in the hands of the county treasurer belonging to his district at least once every three months in each year. § 8. Warrants — Payment of.] Whenever a warrant is presented to the treasurer for payment and there is no money in his hands or subject to his order for the pay- ment of such warrant, he shall endorse on such warrant ' 'presented for payment this day of 19. . . .and not paid for want of funds," and sign such en- dorsement. If he has in his hands or subject to his order money for the part payment of such warrant, he shall make such part payment and endorse the sum on the war- rant and add "balance not paid for want for funds," sign- ing the same. He shall keep a correct register of all warrants so presented and endorsed. Every warrant thus presented and endorsed shall draw interest for the amount unpaid at seven (7) per cent per annum until paid; Provided, That whenever there shall come into the hands of the treasurer or subject to his order, money ap- plicable to the payment of any warrant which has been so presented and registered, the treasurer shall notify in writing, by mail, the drawee of such warrant at his last known place of residence to present such warrant for pay- ment, and interest shall cease upon every such warrant ten days after such notice shall have been sent and such money shall be held for the payment of such warrant. § 9. Warrants — How Drawn.] Every warrant drawn by the clerk of the district board on the district treasurer shall specify the purpose for which the money is paid, the fund on which it is drawn, and the person, firm or corpora- tion to whom paid; SCHOOL LAWS 29 Provided, That no warrant shall be issued except for an indebtedness incurred prior to its issue. § 10. Official Bond and Oath— Where Piled.] All of- ficial bonds of school district officers shall be filed with the county auditor, and he shall give the county superintend- ent immediate notice of the same. The oaths and reports of school district officers shall be filed with the county superintendent. § 11. Salary of Clerk and Treasurer.] The district clerk and treasurer shall each receive a salary of five ($5.00) dollars per annum for every school in the district; Provided, That in computing the salary of such office no school shall be included unless the same shall have been taught at least three months the preceding school year; Provided, That such salary shall not exceed twenty- five ($25) dollars per annum. They shall each receive one dollar and fifty cents ($1.50) additional for attending such meetings of the school officers as provided for- in Section 8, Chapter II of this Act; Provided, further, That the county superintendent shall, upon the receipt of the annual report of the clerk and treasurer, if correct, complete, and received on or be- fore August 1st of each year, notify the chairman of said school board that such reports have been received. Thereupon the chairman of the school board shall sign the warrant for their annual salary and no part of said salar}^ shall be paid ulitil said notice. CHAPTER V. POV^ERS AND DUTIES OF THE DISTRICT SCHOOL BOARD. § 1. Powers and Duties of the District School Board.] The district school board shall have general charge, direc- tion and management of the school or schools of the dis- trict, and the care, custody and control of all property belonging to it, subject to the provisions of this Act. They shall organize, maintain and conveniently locate schools for the education of all children of school age within the district. If a petition signed by the persons- so SCHOOL LAWS charj^ed with the support aud having the care and custod3^ of seven (7) or more children of school age, all of whom reside not less than three miles from the nearest school, is presented to the board asking for the organization of a school for such children the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some proper lo- cation not more than three miles distant fron) the residence of any one of such children. When pupils reside at an unreasonable distance from their nearest school house in the school district, the school board shall make reasonable financial provision for the transportation of such pupils to some other school in the district, or for their tuition in some other*district, and for their transportation thereto if an unreasonable di^*ta.nce from their residence, and shall establish routes of travel and provide methods of transpor- tation subject to the approval of the county superintendent of schools, who shall also determine what shall constitute an unreasonable distance. Provided, That such provision shall be only tor actual attendance at public schools. Provided, further, That in making arrangements for transportation the board shall take into account the age of the pupils and their physical condition. They shall make all necessary repairs to the school houses, outbuild- ings and appurtenances and shall furnish full and all necessary supplies for the schools. They shall employ the teachers for the schools of the district, and may dis- miss any teacher at any time for plain violation of contract, gross immorality, or flagrant neglect of duty. Provided, That every contract for the employment of a teacher shall be in writing and authorized by a majority of the members of the district school board. They shall attend meetings of school officers as provided for in Section 8, Chapter II of this Act. They shall admit to the schools in the district, pupils from other districts, when it can be done without injuring or overcrowding such schools, and make regulations for their admission and the payment of their tuition therein. It shall be the duty of the board at the annual July meeting, each year, to make the assign- SCHOOL LAWS 31 ment and distribution of pupils to and among- the schools in the district and in such assig-nment and distribution the board shall take into consideration the wishes of the patrons and the best interests of the pupils and district. Any school in the district may be discontinued by the dis- trict school board, for the purpose of combining- two or more schools into one and to make arrang-ements for the transportation of the pupils to said school or schools if, in the judgment of the board it is to the best interest of the pupils and the district. They shall assist and co-operate with the teacher in the government and discipline of the schools, and may make proper rules and regulations there- for. They may suspend or expel from school any pupil insubordinate or habitually disobedient. Provided, That such suspension shall not be for a shorter period than ten days nor beyond the end of the cur- rent term of school. They shall have power to levy upon the property of the district a tax for school purposes of not exceeding- twenty (20) mills on the dollar in any year, which levy shall be made by resolution of the board at their regular July meeting in specific amounts. The clerk shall immediately thereafter notify in writing the county auditor of the total amount of the tax so levied. The school board shall have power to direct the removal of a school house to a more convenient location upon a vote of a majority of the electors of the entire district. Provided, That in districts in which there shall be but one school house a two-thirds majority vote shall be nec- essary to remove such school house from the center of the district to any other point in the district, or from any point in the district, to any other point in the district except such removal shall be to the center of the district, in which case a majority vote shall be suf&cient for such removal. Provided, further. That any point within one hundred and sixty rods of the geographical center of the district shall be deemed the center for the purposes of this Act. § 2. May Appeal to County Superintendent.] The patrons of any school may appeal to the county superin- tendent and remonstrate against any discontinuance of SCHOOL LAWS such school, which shall be sig-ned by at least oi:e-third of the patrons belonging to said school. Such petition shall set forth the reasons for the continuance of said school, whereupon the county superintendent shall order a hearing thereon, giving- out notice of the time and place of such hearing, to the patrons of the school and district board and if after such hearing he shall deem it to the best interests of said school and district, he may order the con- tinuance of said school, which order shall be heeded by the district school board. § 3. The Electors May Instruct Board.]. At the an- nual meeting of the school district board in July of each year, the electors maj' meet with the board and they shall have authority to instruct them in matters pertaining to the management of the schools for the coming year. They shall be called to order at three o'clock p. m. or as soon thereafter as practicable. The chairman of the school district board shall act as chairman of the meeting and the clerk shall keep the minutes of the meeting in the perma- nent records of the school district. At this meeting the electors may instruct the board, and it shall be their duty to carry into execution all such instructions, pertaining to the branches to be taught in addition to those prescribed in Section fourteen (14) Chapter eight (8) of this Act; the time at which the schools of the district shall be held; the amount of tax levy to direct the repair of the school houses, fixtures and outbuildings, and for the removal of the school house to a more convenient location, for the erection of a new one or the sale of an old one and the lands belonging thereto, and upon any other subject per- taining to the schools. At this meeting it shall be the duty of the clerk and treasurer to read their respective re- ports. And it shall be the duty of the district board to carry into execution all such instructions upon a majority vote of the electors of their district; Provided, That it shall be the duty of the district board to furnish, equip and supply all the schools in the district according to the several necessities of said schools, and with as nearly equal school advantages as possible; SCHOOL LAWS Provided, further, That nothing- contained herein shall prevent the district board from exercising- a sound discre- tion as to all matters pertaining to the duties of their office not specially provided for in this Act; Provided, further, That such taxes shall be levied at the annual school meeting- in July of each year, and shall not exceed for all purposes two (2) per cent of the taxable property in the district. If any school district fails to hold in any school year, at least six months of school in any school house in said district providing no legal discon- tinuance be had, it shall be the duty of the county super- intendent to notify the county treasurer of the amount of money due said district from the apjiortionment fund for the semi-annual term ending June 30, of the preceding year which amount shall remain to the credit of such district and no warrant be drawn therefor until said district shall have complied with the law, unless said district board made provisions for the instruction of the pupils for the required time in some other school. In case of failure in any district to levy a tax sufficient to support a school for the number of months above named the board of county commissioners shall levy a tax of the property of the dis- trict that shall be sufficient for the purpose. § 4. Clerk Shall Notify Auditor.] It shall be the duty of the district clerk, on or before the 20th day of July in each year to notify the county auditor of the amount of tax voted at the last annual meeting or levied by the dis- trict school board and of any and all other tax of which notice has not previously been given. The notice shall be substantially in the following form: District Clerk's Office, School No | County, South Dakota, > 19-. ■ ) To the County Auditor of County, South Dakota: Sir: — You are hereby notified that a meeting- of district No ... . held on the .... day of the following tax was voted for the coming school year. For tuition fund, dollars; For general fund, dollars; For interest fund, dollars. SJ^ SCHOOL LAWS For sinking fund, ' dollars. Total Signed, District Clerk. § 5. Accounts — How Kept.] All moneys apportioned by the county superintendent to the district or received from the district tax for tuition purposes shall constitute tlie tuition fund. All moneys received from other sources shall constitute the general fund. The treasurer shall keep one general account wherein he shall set down on the debit side all the money he shall receive as treasurer from all sources whatever, each item of entry showing plainly the source of the particular payment to him, with the date thereof, and he shall set down upon the credit side all the money he shall pay out for all purposes whatever; every item thereof showing to whom and for what purpose each payment was made with the date thereof. The debit side shall always be balanced by the total of the credit side with the funds on hand added thereto. At the beginning of every school year he shall open such account anew for that year, and the tirst item shall be an entry on the debit side of the balance on hand, if any, for the preceding year. He shall also keep a separate set of accounts of different classes of receipts and expenditures, showing severally the following: RECEIPTS Amount received into the tuition fund from all sources .... Amount received into the general fund from all sources .... Amount received into the interest fund from all sources. . . Amount received into the sinking fund from all sources. . . EXPENDITURES Amount paid for tuition Amount paid for school houses, sites and furniture Amount paid for incidental expenses Amount paid as interest on bonds Amount paid upon debts and liabilities not included in other items The several accounts shall be separately kept and re- quired to balance. The accounts for different classes of receipts^shall be kept separately from the accounts of the SCHOOL LAWS 85 different classes of expenditures, but every entry in each shall fully and clearly designate its source or purpose with the dates. § 6. School Sites.] The district school board shall purchase or lease such site for a school house as shall have been desig"nated by the voters at a district meeting the corporate name thereof, and shall move any school house in the district to any site designated by the voters at any regular or special district meeting and shall build, hire or purchase such school house as the voters of the district in a district meeting shall have agreed upon, out of the funds provided for that purpose, and make sale of any school house or property of the district, and if necessary, execute a conveyance of the same in the name of the district when lawfully directed by the voters of such district at any regu- lar or special meeting, and shall carry into effect all law- ful orders of the district. § 7. Board May Take Land.] It shall be lawful for any board of district officers to take and hold any land not exceeding two (2) acres, situated upon a section line or upon a regularly laid out highway, legally chosen as a school house site by a lawful district meeting. If the owner of such land refuses or neglects to grant such site to the district, or cannot be found, the superintendent of that couQty shall upon application proceed according to law to condemn and acquire title to the same in the name of said district; Provided, That whinever a school house site shall have been selected by the properly constituted authority of school districts on common school or endowment lands of this state, not exceeding two acres in a square form and located on a section line or on a regularly established highway and at one corner of a legal subdivision and not within forty rods of any residence, without the consent of the owner thereof, and a plat of the lands so selected shall have been filed in the office of the Commissioner of School and Public Lands; the Board of School and Public Lands, is hereby authorized to direct an appraisement of such site by the State Board of Appraisers and the same shall be appraised in the manner provided by law for the appraise- S6 SCHOOL LAWS ment of school and public lands. Such appraisement shall not be less than the minimum price fixed by the con- stitution for school and public lands. § 8. Condition.] Upon the payment of the full amount of the appraised price of such site a conveyance shall be executed by the Governor, attested by the Commissioner of School and Public Lands, with his seal of office affixed; conditioned that should the same cease to be used for two successive years for the purpose of maintaining a public school thereon, that the title shall revert to the owner of the legal subdivision of which said site forms a part, § 9. Reports in English.] All reports and records of district officers and proceedings of district meetings shall be subject to the approval of the county superintendent, and if any money belonging to any district shall be expended for supporting a school in which the English language shall not be taught exclusively, the countj^ super- intendent or any taxpayer of the district may, in a civil action, in the name of the district, recover said money from the officers so expending it. § 10. Clerk of District Meetings.] The district clerk shall be clerk of all district meetings, but if such clerk shall not be present, or being present, shall refuse to act at such district meeting, the voters present may appoint a clerk for such meeting, who shall certify the proceedings thereof, and the same shall be recorded by the clerk of the district. § 11. Webster's Dictionary.] In all schools not pro- vided V7ith a dictionary at the taking effect of this act, the district school board shall provide for each school in the district one Webster's dictionary within thirty days after the request for the same has been made by the teacher. And they may also provide for each school other high grade library books and books of reference, as they may deem for the best interest of the schools; Provided, said expense shall not exceed ten ($10) dol- lars for any school in any one year. And it is especially provided that no district board shall buy any chart, globes or similar device, in any one SCHOOL LAWS ' 87 year, the cost of which shall exceed ten ($10) dollars, un- less authorized to do so by a majority of the school board at any regular or special meeting- thereof, the said pur- chase shall have been approved by the county superin- tendent of schools. § 12. Clerk Shall Draw Warrant.] The clerk shall draw and sign all warrants for the payment of money for the purpcse legally ordered by the board, and every such warrant shall be countersigned by the chairman of the board. No warrant shall be drawn by the clerk except upon the presentation of a bill for the service rendered, duly certified, and the same shall be retained by him as a voucher and placed on file in his office. CHAPTER VI. TEACHERS AND SCHOOLS. § 1. Teachers — How Employed.] Teachers shall be employed only upon the exhibition of a teacher's certificate valid in the county where employed, and then only upon a written contract signed by the teacher and at least two (2) members of the district school board which shall specify the date at or about which the school shall begin, the length of time it shall continue, the wages per month, and the time of payment thereof, and said contract shall be signed in duplicate and one (1) copy filed in the office of the clerk and the other retained by the teacher. The following conditions shall be understood as forming a part of every contract whether expressed therein or not. (1) The teacher shall not hold school upon any of the following legal holidays: the thirtieth (30) day of May, the fourth day of July, the day appointed by the President of the United States for national thanksgiving and the twenty- fifth day of December. But such days shall count as part of the term and the teacher shall be paid therefor, but such pay shall not be drawn for any Sunday. (2) School shall be adjourned during the session of the county normal institute, when the teachers have been notified by the county superintendent. (8) Teachers shall receive into their schools pupils transferred thereto by order of the district board, or admitted by its authority. (4) Teachers S8 SCHOOL LAWS shall send the notices, keep proper entries in the register which will show the g-rade in which each pupil belongs, the pupil's standing as shown by the examination and such other information as will assist the succeeding teacher in the conduct and management of the school, and make the reports required by law, and the county superintendent shall promptly furnish without cost to the teacher the blank forms for such reports, and the district board shall furnish for use the proper register prepared, so that the required facts and statistics can be kept in an orderly man- ner. (5) Teachers shall classify their work of the schools in accordance with the suggestions, grades and outlines as prescribed in the course of study recommended by a ma- jority of the county superintendents of the state and the Superintendent of Public Instruction, and shall hold ex- aminations and make reports as prescribed therein. § 2. Teacher's Register.] The board of every school district shall provide one (1) classification school register for each school therein which shall conform to the form prescribed in the book of forms as provided in Section 8, Chapter 1, of this Act and keep the same as part of the records of his office except during each term of school, when the teacher shall keep said register and record therein each day the attendance of each pupil and the absence of those enrolled, and all other items necessary for making the report in the next section required. § 3. Teachers Shall Make Report.] Every teacher of a common school unaer this law shall at the expiration of each term immediately make out full duplicate reports and deliver one cojDy thereof to school clerk, and one to the county superintendent. Such report shall show the names, ages and sex of all pupils admitted during the term, the branches taught, studies pursued by each pupil, the text books used, the number of days taught, the num- ber of days each pupil was present, the average daily attendance, the date when school began and ended, the salary per month, and information concerning the school and property. In addition to the above the report shall show the grade in which each pupil belongs, his standing as shown by the monthly and term examinations, the SCHOOL LAWS 39 daily program of class recitations, and such other informa- tion as may be required by the county superintendent. The teacher shall also make monthly reports to parents and to county superintendents when blanks for the same are furnished. And until such report shall have been so filed with the clerk, the school board shall not pay more than ninety (90) per cent of the wages of such teacher for his or her services as such, for the time required to be covered by such report. » § 4. Shall Give Notice.] Every teacher on commenc- ing- a term of school shall give written notice to the county superintendent of the time and place, beginning of such school, and the probable time when -it will end. § 5. Penalty for Disturbing School.] Every person, whether pupil or not, who shall wilfully molest or disturb a public school when in session, or who shall wilfully in- terfere with or interrupt the proper order or management of a public school by acts of violence, boisterous conduct or threatening language, so as to prevent the teacher 'or any pupil from performing his duty, shall upon conviction thereof be punished by a fine not exceeding twenty-five (|25) dollars or by imprisonment in the county jail not more than ten (10) days, or by both such fine and imprison- ment. § 6. Reading of Moral Instruction.] Moral instruc- tion, intended to impress upon the mind of pupils the importance of truthfulness^, temperance, pifrit}^ public spirit, patriotism and respect for honest labor, obe<Jience to parents, and due deference for old age, shall be given by every teacher in the public service of the state. CHAPTER VII. COMPULSORY EDUCATION. § 1. Attendance — Period of — Penalty.] Every person having under his control a child between the age of eight and fourteen years, shall annually cause such child to at- tend for at least twelve weeks, at least eight weeks of which attendance shall be consecutive, in some public day school in the district in which he resides, which time shall 40 SCHOOL LAWS commence with the beg'inning- of the first term of the school year or as soon thereafter as due notice shall be served upon the person having- such control of his duty under this act. For every neglect of such duty, the person offend- ing- shall forfeit to the use of the public schools of his school corporation a sum not less than ten ($10) dollars nor more than twenty (|20) dollars, and shall stand com- mitted until such fine and costs of suit are paid. But if the person so neglecting- shall show to the board of educa- tion or district school board, as the case may be, that such child has attended for a like period of time a private day school, or that instruction has otherwise been given for a like period of time to such child, in branches commonly taug-ht in public school* that such child has already ac- quired the branches of learning- taught in the public schools, or that his physical or mental condition as de- clared by a competent physician is such as to render such attendance inexpedient and impracticable then such penalty shall not be incurred. Such fine shall be paid when collected, to the county treasurer, or the treasurer of such city or independent district in which such child and parents reside, to be credited by him as other money raised for school purposes to the district from which it came. §2. Arr-st of Truant Children.] It shall be the duty of the president of the board of education in every city or other independent school district and the chairman of every district school board to carefully inquire concerning all supposed violations of this Act and to enter complaint against all persons who shall appear to be guilty of such violation. It shall also be the duty of said officers to ar- rest children of a school going age who habitually haunt public places and have no lawful occupation, and also truant children who absent themselves from school without leave, and to place them in charge of the teacher having charge of the public schools which said children are by law entitled to attend. And it shall be the duty of said teacher to assign such children to the proper classes and instruct them in such studies as they are fitted to pursue. Any school officer neglecting or failing to perform the duty SCHOOL LAWS 4I required of him by this chapter shall be liable to a fine of not less than ten ($10) dollars nor more than twenty (S20) dollars for every such offense. § 3. Employment of Children.] No child between eight and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establishment, or, except by his parent or guardian, in any other manner dur- ing the hours when the public schools in the city, town, village or district, are in session unless the person, firm or corporation employing him shall first procure a certificate from the superintendent of the schools of the city, towm or village, if one be employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in Section 1 of this article; and it shall be the duty of such superintendent or clerk to furnish such certificates upon application of the parent, guardian or other person having control of such child, en- titled to the same. Every owner, superintendent or overseer of any mine, factory, workshop, or mercantile es- tablishment, and an}^ other person who shall employ any child between eight and fourteen years of age contrary to the provisions of this article, shall be deemed guilty of a misdemeanor, and for every such offense shall upon con- viction thereof, be fined not less than ten ($10) dollars nor more than twenty ($20) dollars and costs. § 4. False Statement.] Any person having control of a child who with the intent to evade the provisions of this Act, shall make a wilfully false statement concerning the age of such child or the time such child has attended school, shall for such an offense forfeit a sum not less than ten ($10) dollars nor more than twenty ($20) dollars for the use of the public school corporation. § 5. Prosecution — How and by Whom Made.] Prose- cutions under this Act shall be instituted and carried on by the district school board or the chairman of the board of education in independent districts or the county superin- tendent. Provided, That all prosecutions of school officers for J^2 SCHOOL LAWS their neglect of duty reg-arding- the provisions of this Chapter shall be instituted and carried on by the county superintendent, § 6. Courts Having- Jurisdiction.] Police and munici- pal courts, justices of the peace and judges of the county court shall have jurisdiction within their respective coun- ties of the offense described in this Act. CHAPTER VIII. MISCELLANEOUS. § 1. Definition of School " Days.] The school year shall begin July (1) one and end June (30) thirty. A school month shall consist of twenty (20) days, a school week of five (5) school days, a school day of five and one- half hours, exclusive of intermissions. Provided, That the time specified as a school day shall' not apply to primary schools; Saturdays shall not be counted as school days. § 2. Illegal Contracts.] No contract binding on the school district shall be made in any case except by the school board or 'board of education, acting as such, ata regular meeting or regularly, called special meeting, ex- cepting contraccs made for the employment of teachers. § 3. Penalty for False Report.] Any clerk or treas- urer of a school district who shall wilfully sign or transmit a false report to the county superintendent, or wilfully sign, issue or publish a false statement of facts purporting or appearing to be based upon books, accounts or records, or of the affairs, resources and credit of the school district, shall upon conviction be punished by a fine of not exceed- ing fifty (^50) dollars or by imprisonment in the county jail not exceeding fifteen days. And any clerk or treasurer of a school district who shall wilfully mutilate or destroy any of the books, accounts or records of h:s office, or w^ho shall refuse to deliver to his successor in office all the books, accounts, moneys and records of his office, upon de- mand of his successor for the same, shall be deemed guilty of a misdemeanor, and it shall be the duty of said succes- sor to be^in action immediately upon the official bond of SCHOOL LAWS 43 such officer for recovery of such money or other property. § 4. Must Qualify.] No officer of a school district shall perform any duties of the office nor receive any of the property, money, .books or papers belong-ing- to the office, nor any money from the county treasurer, or warrant thereof, until he has fully qualified as required by law. § 5. Vacancy — How Filled.] If any person appointed or elected to a school district office shall for one month after the time fixed by law fail to qualify or give bond as provided by law, the office shall be deemed vacant and the county superintendent shall, when notified of such vacancy, proceed to fill the same by appointment. Whenever a treasurer of a school district by election or appointment, becomes his own successor, he shall g"ive new bonds, and all such officers shall qualify anew^ upon entering upon a new term. If from sickness or any other cause, such officer shall become incapacitated or unable to attend to the duties of his office, the fact shall be certified to the county superintendent by the clerk of the school district. If the clerk fails to notify the county superintendent of any vacancy that may exist, it shall be the duty of the re- maining officer or officers to do so, and a successor shall be appointed to fill such vacancy, and such appointment shall be held official until the next regular election. §6. Records Open to Inspection.] All reports and all books, records, vouchers, contracts and papers of all kinds relating to the school houses, schools, and school business in the district in the office of the clerk or treasurer, shall be at all times open to the inspection of the chairman, who shall advise and aid toward securing correct records and accounts, and legal reports, and they shall likewise be open to the inspection of state and county superintendents, and any particular paper or record shall be exhibited at reasonable hours to the examination of any voter or tax payer. §7. Tax Levy to Satisfy Judgment.] Whenever any final judgment shall be obtained against any school corpo- ration, the board thereof shall levy a tax upon the taxable property in the corporation for the payment thereof, and such tax shall be collected as other school taxes, but no 4^ SCHOOL LAWS execution shall issue against a school corporation; such tax or taxes shall not be greater than two (2) per cent in any one year, and any surplus fund in the treasury of the school corporation may be appropriated to the payment of a judgment. If the school board shall refuse or fail to levy such tax, the judgment creditor may apply to the board of county commissioners, who shall cause such tax to be levied upon the property of the school district. When collected it shall be paid over by the county treas- urer to the judgment creditor, whose receipt therefor shall be delivered the same as money to the treasurer of the school corporation by the county treasurer. Such levy may be repeated antil the judgment is paid. § 8. Jurisdiction in School Suits.] Justices of the peace shall have jurisdiction in all cases in which a school corporation is a party interested w^hen the amount that is claimed does not exceed one hundred ($100) dollars and the party shall have the right to appeal as in other cases. § 9. Pines and Penalties.] All fines and penalties not otherwise provided for in this Act shall be collected by action in any court of competent jurisdiction. § 10. Assessor — Duty of.] Every township or county assessor shall on or before the first day of July in each year, furnish to the clerk of each school corporation, the real property of which he assesses, a certificate of the val- uation of all real property and of all personal property and of the total of these subject to taxation within the corpora- tion for the current year. § 11. Majority Rule.] Words giving a joint authority to three or more public officers or other persons are con- strued as giving such authority to a majority of them un- less it be otherwise expressed in the section or law giving the authority, and when a decision or direction is made by the majority of such officers or persons, it is the duty of the one to whom its execution belongs by law, to execute the same in all respects as if he had favored the particular decision or direction, as if it were authorized unanimously. § 12. County Commissioners to Levy Tax.] The county commissioners of each county shall levy a tax of "one dollar- on each elector in the county for the support of SCHOOL LAWS Jf5 the common schools, and no property shall be exempt from the collection of such tax by distress or otherwise, which taxes when so collected shall be distributed to the several school corporations in the county in proportion to tile number of children resident in the territory of each over six and under twenty -one years of age. § 13. Annual School Election.] The school district annual election shall be held upon the third Tuesday of June in each year. § 14. Branches to be Taught.] Instruction shall be given in the common schools of the state in the following branches, in the several grades in which each may be re- quired, viz: Reading, writing, orthography, arithmetic; geography, primary language and English grammar, his- tory of the United States, physiology and hygiene, with special instruction as to the nature of alcoholic drinks and / their effects upon the human system, and civil government. J § 15. Form of Oath.]- All school district officers be- fore entering upon the duties of their respective offices shall take an oath to support the constitution of the United States and of the State of South Dakota, and faithfully and impartially to perform the duties of such office. § .6. Penalty for Defacing School Property.] Any person who cuts, defaces or otherwise injures any school house, apparatus or outbuildings thereof, is liable to sus- pension or expulsion; and on the complaint of the teacher to the director, or to the clerk of the school board the par- ents or guardians of such pupils shall be liable for all damages. § 17. Reading Circle.] It shall be the duty of the county superintendent to encourage the formation of teach- ers' reading circles in his county. He shall report on or before December fifteenth of each year to the secretary of the State Teachers' Reading Circle the enrollment of all persons in his county known to him to be pursuing the work of said circle; plans by which the work thereof is being carried on and all matters of general interest thereto. He shall, under the direction of the superintendent of pub- lic instruction, arrange for an annual examination in the State Teachers' Reading Circle course in his county, and Jl,6 SCHOOL LAWS it shall be his duty to preside at the same or to appoint some competent person to do so; to collect all papers sub- mitted and to forward the same promptly to the secretary of the board of manag-ers. He shall co-operate as fully as possible with the managers of the State Teachers' Reading- Circle in advancing- the work of that org-anization. § 18. Duties of School Officers — Penalty.] Any school district officer who is required by law to make a report to any other county or school district officer, and who shall wilfully neg-lect to make such report or fail to perform such official duties, shall forfeit and pay to the school funds of said county or district a penalty of not less than ten ($10) dollars nor more than fifty ($50) dollars, to be re- covered from such delinquent officer or from him and his sureties in the official bond, in a civil action, to be brot by the state's attorney in any court of record having- jurisdic- tion. § 19. School District Defined.] Any school district containing- one or more schools except those governed by the provisions of Chapter XI relating- to cities, towns, and adjacent territory organized as independent districts, are for the purpose of this Act defined to be school districts. CHAPTER IX. SCHOOI. BONDS. § 1. Vote for Issue of Bonds.] Whenever the qualified electors of a school district shall at any regular or special meeting held for that purpose, vote to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same, or to fund an outstanding indebtedness, the school district board may lawfully issue such bonds in accordance with the provisions of this Act. Provided, however. That the question of issuing bonds shall not be submitted to a vote of the district and no meet- ing shall be called for that purpose until the school district board shall have been petitioned in writing by one-third of the voters resident in said school district. SCHOOL LAWS 47 § 2. Bond Election.] Before the question of issuing- bonds shall be submitted to a vote of the school district, notices shall be posted in at least three (3) public and con- spicuous places in said district, stating- the time and place of meeting-, the amount of bonds proposed to be issued and the time in which they shall be made payable; said notices shall be posted not less than twenty (20) days before the meeting, and the voting shall be done by means of written ur printed ballots, and all ballots deposited in favor of is- suing the bonds shall have thereon the words, "For issu- ing bonds;" and those opposed thereto shall have thereon the words, "Against issuing bonds;" and if a majority of all the votes cast shall be in favor of issuing bonds, the school board, thru its proper officers, shall forthwith pro- ceed to issue bonds in accordance with the vote, but if a majority of all the votes cast are against issuing bonds, then no further action can be had, and the question shall not again be submitted to a vote for one year thereafter, except for a different amount. § 3. Denomination of Bonds.] The denomination of the bonds which may be issued under the provisions of this Act shall be fifty ($50) dollars or some multiple of fifty, not exceeding two hundred ($200) dollars, and shall bear interest at the rate of not exceeding seven per cent per annum, payable semi-annually in accordance with in- terest coupons, which shall be attached to said bonds; and no greater amount than one thousand ($1000) dollars can be issued for any one school house except in towns and vil- lages of more than three hundred inhabitants, and in such districts the amount shall not exceed four per cent, of its assessed valuation and may be made payable in not less than three nor more than fifteen years from date, in an- nual, biennial or triennial succession. § 4. Requirements as to Form.] Whenever any bonds are issued under the provisions of this Act, they shall be lithographed or printed on good bond paper and shall state upon their face the date of their issue, the amount of the bond, to whom and for what purpose issued also the time and place of making, and the rate of interest to be paid. They shall have printed upon the margin the words "Au- J^8 SCHOOL LAWS thorized by the Act of the Legislative Assembly of the State of South Dakota, A. D., 1891, " and upon the back of the bonds a certificate signed by the county auditor in sub- stantially the following form: ' '1 certify that the within bond is issued in accordance with law, and is within the debt limits permitted by the constitution of the State of South Dakota, and in accord- ance with a vote of school district at a regular (or special) meeting on the day of A. D., 19. .,to issue bonds for the amount of Dollars." They shall be signed by the chairman and clerk of the school board and shall be registered and numbered in a book to be kept by the clerk for t^at purpose, in which shall be entered the number, date and name of person to whom issued, and the dates when the sum shall become due. § 5. Sinking Fund.] In any school district where there are bonds outstanding the school board shall have power at the time the school taxes are levied to levy a tax in addition to the tax provided for in Section 3, Chapter 5 of this Act, sufficient to pay the interest on said outstand- ing bonds as the same may become due and not to exceed fifteen per cent of the principal as a sinking fund. The said tax shall be certified to the county auditor by the school clerk at the same time that the levies for other pur- poses are certified. The money obtained from the levies for the interest and sinking fund shall not be used for any other purpose than that for which the levies are made; Provided, That when any school district shall here- after issue bonds, the school district board shall at or be- fore the time of so doing provide for the levy of an annual tax sufiicient to pay the interest and principal thereof when due, and all such levies when legally made shall be irrepealable until such debt is paid. Provided, however. That such levy shall not be greater than fifteen (15) per cent in any one year of the debt to be paid. The school board may in their discretion purchase any of its outstanding bonds at their market value and pay for the same out of the sinking fund. SCHOOL LAWS Jf9 § 6. Sale of Bonds.] "Whenever any bonds shall be issued under the provisions of this Act, the school district treasurer shall have authority to negotiate and sell such bonds for not less than par, and the proceeds shall be used exclusively for the purpose of building- and furnishing a school house, and in payment for a site for the same and for necessary buildings. § 7. Bonds a Lien.] Bonds issued under the pro- visions of this Act shall be a lien upon tlie taxable property of the school district issuing them, and when any school board neglects or refuses to levy a tax in accordance with law to meet any outstanding bonds or interest thereon, the county auditor shall have powder to levy such tax, and when collected to apply the proceeds to the payment of such coupons and bonds. § 8. Cancellation of Bonds.] Whenever the bonds of any school district shall have been redeemed by the school board, they shall be cancelled by writing or printingg in red ink the words, "cancelled and paid" across each bond and coupon, and the date of the payment and the amount paid shall be entered in the clerk's register against the proper number of bond and the bonds so cancelled shall be filed in the office of the district treasurer, until all the out- standing bonds are paid, when they shall be destroyed in the presence of the full board. § 9. Contract for Building School House.] Whenever any school house is built with funds provided in the manner herein authorized, the school board shall advertise at least thirty (30) days in some newspaper printed in the county, or by posting notices for the same length of time in at least three of the most public and conspicuous places, if no newspaper is published in the county, for sealed pro- posals for building and furnishing such school house in accordance with plans and specifications that shall be fur- nished by the school board, reserving the right to reject any and all bids and if any of the proposals shall be reason- able and satisfactory, said board shall award the contract to the lowest responsible bidder, and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money 50 SCHOOL LAWS and property of the school district that may come into his hands, and that he will perform the conditions of his con- tract in a faithful manner and in accordance with its pro- visions, and in case all the proposals shall be rejected said board shall advertise anew in the same manner as be- fore and until a reasonable bid shall be submitted. Provided, however, That no member of the school dis- trict board, clerk or treasurer, shall be interested, directly or indirectly in any contract for building- or furnishing any school house provided for in this Act. § 10. Extension Coupons — How Issued.] When any school district in this state, which shall have heretofore legally issued, executed and delivered its negotiable bonds for tlie jjurposes then provided by law, and w^hich at the time of issu€ thereof was not in excess of the debt limit al- lowed said district or township by law, but which said dis- trict for any reason has outstanding in said bonds and ether indebtedness an amount in excess of the present constitutional and statutory limit, so as to preclude a valid issue of bonds funding all outstanding indebtedness, then, and in that event, the school board of said district, upon being authorized to do so by a majority vote of all electors at any regular election or special election called for that purpose, is hereby empowered to make a contract for the issue of extension coupons wnth the holder or holders of said outstanding bonds, at or prior to the time of the same becoming due, w^hich said contract shall be entered upon the clerk's record of said district, and in pursuance of said contract the said school board shall execute and deliver the extension coupons of said district, extending the time of payment of said school bonds heretofore issued for a period of not less than three nor more than ten years, at a rate of interest to be agreed upon between said school dis- trict board and the holder or holders of said bonds, not to exceed the rate in the original bonds, payable semi-an- nually at such date and place as may be stated in said coupons. § 11. Election Returns to County Auditor.] That when any school district in this state shall have voted tc issue its negotiable bonds for the purposes now^ provided SCHOOL LAWS 51 by law, and before the county auditor shall certify to the bonds as required in Section 4 of Chapter 9 of this Act, the said district shall file with said auditor certified copies of the record of said school district, ordering- said election, and the records and poll book of said election, and unless said records show a strict compliance with law, the said certificates shall not be executed. CHAPTER X. UNIFORMITY OF SCHOOL TEXT BOOKS. § 1. Who Constitute Board.] The county superin- tendent of schools, the president of the board of education of all cities or towns, the county auditor, the county state's attorney, the board of county commissioners, their success- ors in office and one person from each commissioner's dis- trict, who shall be selected by the members of the school boards of such commissioner's district present at a meet- ing- to be called by the county superintendent, shall con- stitute * the county board of education of each county in this state for the purpose of selecting and adopting all the text books needed for use in public schools in the coun- ty. The .county superintendent of schools shall in all cases be chairman of the county board of education, and the county auditor, secretary, and a majority of said board shall constitute a quorum for the transaction of business. § 2. Time of Meeting — Adoption and Price of Books.] The county board of education shall meet at the office of the county superintendent of schools of each county of the state on the second Tuesday of June, 1897 and every five years thereafter and select and adopt a complete series of school text books to be used in all the schools of the county; provided, that nothing in this Act shall be con- structed to prevent any county board of education from se- lecting a series of text books from two or more publishers; provided, further, that the boards of education in cities and towns may adopt additional books by the same or other authors for higher classes in their schools. The county board of education shall advertise for twenty days in a newspaper published in each county, that at a time and place named in said notice, said board will receive sealed 52 SCHOOL LAWS bids for furnishing school books to the pupils of all public schools in the county as provided in this Act for a term of five years. Other necessary books shall be purchased and contracted for at the same time. § 3. Duty of Board and Superintendent.] Before se- lecting" and adopting school text books in accordance with the provisions of this Act, it shall be the duty of said board of education to take into consideration the books used in the county, and all books submitted by publishers and most carefully consider the price, the type, the material, the binding and other items that go to make up a desirable text book, and no text book shall be adopted whose price is above the contract or wholesale ;f)rice at which said books were furnished to any other state, county or school corporation in the United States during the year previous to such adoption. The county superintendent shall an- nually at the close of the year make a report to the county board of education as to the operation of the school book contract. § 4. Superintendent to Notify Members of the Board.] The county superintendent shall notify each member of the county board of education in writing of the time and place of meeting at least ten days before the date of said meeting, and he shall prepare and furnish such information as shall assist the board in acting for the best interests of the people. § 5. Contract with Publishers.] The board of county commissioners shall contract with the publishers of such books as have been adopted by the county board of edu- cation, designating the price at which such books shall be furnished to them or to their authorized agents, and they shall designate a depository for each school corporation in the county where school books shall be sold to pupils at not more than ten per cent above cost, and they may pay for the books and transportation of the same, so contracted for, out of the general fund, on warrants signed by the county auditor and countersigned by the chairman of the board of county commissioners; Provided, that the same depository may be designated for one or more school cor- porations. . SCHOOL LAWS 58 § 6. Form of Contract.] The following- shall consti- tute a part of every contract with publishers as provided in this Act, whether contained in such contract or not. "Whenever the State of South Dakota shall have published a sufficient number of an}^ text books used in the public schools of the state, to supply the schools of any county in the state, upon notice being g-iven by the Governor to the county auditor of any county, this contract shall be void as far as it relates to such book and the county auditor shall immediately notify the publishers holding such con- tract. The county comrnissioners of such county shall forthwith supply all the schools of said county with the books printed by the state. The auditor of said county shall on or before the 11th of each calendar month send monej^s for all state's books sold, to the State Treasurer, together with such report as the Governor of the state may direct. § 7. Bond from Depository.] The board of county commissioners may require a good sufficient bond from each depository designated by them as their agent and such agent shall be required to file a statement with the county auditor on or before the first day of January, April, July and October, showing the number and kinds of books sold by him, and the number and kinds of books on hand in such depository on the last day of the preceding month, and all moneys due the county by such depository shall be paid into the county treasury at the time of filing such statement. The county auditor shall supply each de- pository with proper blanks for making such report. § 8. Printed Lists and Price of Books.] The county board of education shall furnish a printed list of books adopted designating the retail price of each, and supply one or more copies to each school corporation and to each depository designated. The secretar}^ or clerk of each school corporation shall post said price list in each room under his supervision. § 9. Petition for Free Books.] Upon a written peti- tion of the majority of the electors of any school corpora- tion asking that the school books be furnished free to the pupils, it shall be the duty of said board to arrange and 54 SCHOOL LAWS furnish the free use of books to the pupils of such corpo- ration under such rules and regulations as the school board may determine. § 10. Book Case and Secretary's Report.] Said school ' board must procure a safe book case in which said books shall be kept whenever it shall have been decided to sup- ply its school books direct to the pupils and a careful in- voice must be reported at the close of each term by the sec- retary. The books shall remain the property of the school corporation and can only be used on order of the board. § 11. Chang-e Provided for.] Books once adopted or contracted for under the provision of this Act, shall not be changed for a period of five years, except as heretofore provided, and on the request of at least two-thirds of the school boards of the county. § 12. Emoluments Prohibited.] No school teacher, county or city superintendent or member of any county board of education within the State of South Dakota shall be allowed to receive any emolument, cash or otherwise, from any publisher or publishers of school books in pay- ment for a vote or a promise to vote or use their influence for any book or books to be used in the schools under their charge. Neither shall any agent or other person be al- lowed to give or offer any emolument as heretofore de- scribed nor promise of work nor other inducement to any teacher, county or city superintendent or member of any county board of education or other board of education for any vote or promise to vote or to use their influence for any book or books to be used in the schools under their charge; Provided, That nothing in this Section shall be con- strued to prevent any school official from receiving a reasonable number of sample copies for investigation, with a view to obtain information as to the book or series of books for which such official shall cast his vote; Provided, further. That nothing in this Section shall be construed to prevent any teacLer from obtaining em- ployment from any publishing house, in schools not under their direct charge. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor. SCHOOL LAWS 55 CHAPTER XI. CITIES, TOWNS AND ADJACENT TERRITORY, ORGANIZED AS INDEPENDENT DISTRICTS. §1. Law Where in Force.] All cities, towns and adja- cent territory now org^anized as independent school dis- tricts or hereafter to be organized as such shall be governed by the provisions of this Act; Provided, that any city or town now organized under special Act, either for civil government or educational purpOfc>es, may at any time adopt the provisions of this Act by a majority vote of the electors; Provided, further, that any city or town having a population of one hundred inhabitants or over, within a radius of one mile from the center, may adopt the pro- visions of this chapter. In such cases the county super- intendent shall, upon petition of a majority of the legal voters within the proposed district, call the first election therefor by posting notices in not less than three of the most public places in the district or districts in which said city or town is situated, said notices shall contain a full description of the boundaries of the proposed district, and also the time and place of holding the election. If a ma- jority of the voters of the district or districts in which the said city or town is situated, shall vote for the incorpora- tion of the said city or town as a corporation for school purposes, then it shall be considered as authorized and the county superintendent shall, without deli}^ publish notices for an election of said corporation. § 2. Committee on Arbitration.] Whenever a new corporation is authorized as is provided in Section 1 of this Chapter, the county superintendent, the president of the board of education of the district thus organized, and the chairman of the school district affected by the organization of the new district, shall constitute a committee of arbi- tration for the purpose of adjusting all property interested between the new corporation and the district or districts affected by its formation. The title to all real property granted to the new corporation by the commititee of arbitra- tion shall be made over to the said corporation or corpo- rations in which it was previously vested upon order of the S6 SCHOOL LAWS said committee. And all personal property g-ranted to the said new corporation shall be* delivered to the proper officer by those having- it in charge upon demand accom- panied by the order of the committee. It shall be the duty of the county superintendent to file with the county auditor a correct plat showing the adjustment of district boundaries in consequence of the formation and organiza- tion of a district as above provided. § 3. A Free System of Schools.] Each corporation organized under this chapter, shall maintain a system of free common schools which shall be kept open not less than six nor more than ten months in any one year and shall be free to all children of legal school age residing within such corporation. § 4. Adjacent Territory — How Attached.] Territory outside of the limits of any organized independent school district, but adjacent thereto, may be attached thereto, and territory within the limits of any independent district or- ganized for school purposes, and adjacent to any school district may be attached to said school district whether said indej)endent district has been organized by special act or otherwise, under the following conditions: Application by Petition.] First. Application by writ- ten petition for such change must be made by a majority of the resident electors desiring to have territory attached to or detached from any independent district. Duty of County Superintendent.] Second. Upon re- ceipt of such petition, the county superintendent shall call a committee to decide upon granting or refusing the peti- tion, said committee consisting of himself, the president of the board of education of said independent district and the chairman of the district board. Committee to Decide.] Third. The committee shall consider the interests of the two corporations concerned, the convenience of the petitioners and the permanent school interest, and if they deem it proper shall grant the petition and issue an order authorizing the attaching of said territory to the independent district or school district to which it is adjacent, and if to an adjacent district con- taining a city or town, such order shall specify to what SCHOOL LAWS 57 ward or wards such territory shall belong- for all school purposes. Provided, That when territory has been attached prior hereto the board of education shall at any reg-ular meeting- determine to what ward or wards such territory shall be- long for all school purposes. Further Power of the Committee.] Fourth. The com- mittee shall also have power to adjust all property Interests involved in the chang-e which concerns the two corporations interested. Before the issuance of an order authorizing- the change they shall make an equitable adjustment of any question of indebtedness involved. Decisions to be Recorded.] Fifth. A record of the de- cisions of the committee shall be transmitted to the clerks of the school board and board of education interested for record and a copy forwarded to the county auditor by the superintendent. Date of Order to Govern.] Sixth. Such territory shall, from the date of the order authorizing- such chang-e, be considered a part of the corporation of said independent district or of the said school district. Order to Issue — When.] Provided, that such order shall not be issued until after the action and decisions of the committee are recorded by the board of education and the district school board. The taxable property of such adjacent territory shall be subject to taxation and bear its proportion of all ex- penses incurred in the erection of school building-s and maintaining- the schools of such corporation. Adjacent Territory Defined.] Provided, that territory more than two miles from the limits of such city or town shall not be considered adjacent territory to Which the provisions of this section may apply, unless the electors of such territory shall unanimously petition to be thus at- tached and considered as adjacent territory. How Attached in Certain Cases.] Provided, further, that when an independent school district containing- an in- corporated city or town is situated so near the center of a civil or congressional township as to leave a fraction of said civil or congressional township impracticable or in- 58 SCHOOL LAWS convenient for school purposes, after attaching- adjacent territory to said independent school district, to the two mile limit as provided by law, then in that case the com- mittee provided for in this Act may, upon a petition of a majority of the electors of such civil or congressional town- ship, attach the surrounding territory and make the inde- pendent district to conform to the civil or congressional township line for school purposes only, and in such case the committee may, by a majority vote thereof, upon the petition of two-thirds of the electors of such surrounding territory and two-thirds of the electors of such independ- ent district, issue its order attaching such surrounding- territory to such independent district as aforesaid, and all the foreg-oing provisions shall apply to such actions of said committee except that said order shall go into effect at the expiration of thirty days from the date thereof and it shall not be necessary that the actions and decisions of such committee be ratified by the district school board or board of education before the issuance or going into effect of such order. § 5. Shall be a Corporation.] Every district organ- ized under the provisions of this chapter shall be a body corporate and shall possess the usual powers of corpora- tion for public school purposes, and may sue and be sued, and be capable of contracting and being contracted with, and of taking and holding any land for a school site, not exceeding two acres, chosen by the board of education at a regular meeting of said board, and in case the owner or owners of said land, or any part thereof, shall refuse or neglect to g-rant such site to the district, then said district shall have power to take such land for said site in the manner provided by law for the taking of private property for public use. And shall have power to hold and con- vey such personal or real property as it may at any time possess. All actions brot by or against such corporation shall be in the name of the board of education of said in- dependent district of the county of of the State of South Dakota. § 6. A Board of Education.] When any city or town and the adjacent territory thereto is divided into wards- SCHOOL LAWS 59 there shall be elected a board of education consisting of two members from each ward w^ho shall be elected by the qualified voters thereof, one of whom shall be elected an- nually and shall hold his office for the term of two years and until his successor is elected and qualified. There shall also be elected in such independent district one mem- ber of such board of education who shall be voted for by the qualified electors at large in such districts and shall hold his office for two years and until his successor is elected and qualified. Provided, That in all corporations not organized as cities and in all cities and towns not divided into wards there shall be elected as many members of the board of education as there are members of the township board or board of trustees to be elected at the regular election held in 1901, and at the same time and places and said members thus elected shall immediately after their election be divided by lot into two as nearly equal classes as possible; the first class shall hold their office for one year, the second class shall hold their office for two 3'ears and an- nually thereafter there shall be elected one class who shall hold their office for two years and until their succes- sors are elected and qualified; Provided, however, That in all such corporations, hav- ing a board of trustees or township board consisting of but three members the board of education shall be elected annually at the same time and place as the board of trustees or township board, and shall hold their office for one year and until their successors are elected and qualified. The board of education shall act as judges of said election and shall use a separate ballot box for the purpose of said school election. Provided, further, That in all cases where there is no organization for civil government there shall be three members of the school board one of whom shall be elected annually and shall hold his office for three years, and until his successor is elected and qualified; Provided, further. That no member of the city council or board of trustees shall be a member of the board of edu- cation. 60 SCHOOL LAWS § 7. Power to Fill Vacancy.] The board of education shall have power to fill any vacancy for the unexpired term which may occur in their body; Provided, That any vacancy occurring- more than thirty days previous to the annual election shall be filled at the first annual election thereafter. § 8. Shall Maintain and Control Schools.] The board of education shall have power to organize and maintain a system of graded schools, to establish a high school w^hen- ever in their opinion, the interest of the school corporation demand the same, and to exercise sole control over the schools and school corporation. § 9. Organization — How Made.] The board of educa- tion at its first regular meeting of each year following their election shall organize by the electioLi of a president and vice president, each of whom shall serve for a term of one year and they shall also elect a clerk not a member of the board who shall receive such compensation for his services as the board may allow; Provided, That in districts newly organized under this Act, the board shall within thirty days after their election proceed to organize and elect officers as aforesaid who shall serve until the time of the next regular annual meet- ing. § 10. Duties of President and Clerk.] It shall be the duty of the president to appoint all committees and to countersign all warrants drawn upon the treasury for school moneys. It shall be the duty of the clerk to be present at all meetings of the board, keep an accurate journal of its proceedings, take charge of its books and documents, sign all warrants for school money, and perform such other duties as the board may require. Before entering upon the discharge of his duties, the clerk of the board of edu- cation shall give a bond in a sum to be fixed by the board not less than five hundred ($500) dollars with good and sufficient sureties to be approved by the board, § 11. Tax Levy.] The board of education shall on or before the fifteenth day of August of each year, levy a tax for the support of the schools of the corporation for the fiscal year next ensuing not exceeding in any one year SCHOOL LAWS 61 twenty mills on the dollar on all personal and real prop- erty within the district which is taxable according to the laws of the state, and which levy the clerk of the board of education shall certify to the county auditor who is hereby authorized and required to place the same on the tax roll of said county to be collected by the treasurer of the county as the taxes of the county and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall transmit to the clerk of the board of education. § 12. School Officers — How Chosen — Bond of — Duties.] At the annual municipal election there shall be elected members of the board of education provided for herein and a treasurer of the board of education. The treasurer shall be elected each year to hold for one year, or until his successor is elected and qualified. Any vacancy in the office of treasurer shall be filled by the board of education by appointment; said appointee shall not be a member of said board. The treasurer shall execute a bond in such sum as that body may require with sufficient sureties to be approved by the board, conditioned for the faithful dis- charge of his duties as treasurer of such board. He shall prepare and submit in writing a monthly report of the state of the finances of the corporation, and shall when required produce at any meeting of the board all books and papers pertaining to his office. He shall pay money only upon a warrant signed by the president, or in his absence the vice president, and countersigned by the clerk. § 13. Taxable Property.] The taxable property of the whole corporation, including the territory attached for school purposes, shall be subjed; to taxation. § 14. Regular Meetings.] The regular meetings of the board of education, shall be upon the last Friday of each month, but special meetings may be held from time to time as circumstances may demand. § 15. Report of clerk.] The clerk of the board of edu- cation at the close of each school year shall make an an- nual report of the condition, financial as well as educa- tional of all the schools of the corporation, a copy of 62 SCHOOL LAWS which shall be sent to the county superintendent. Said report or such portion of it as the board of education shall consider advantageous to the public shall be printed in a public newspaper or in pamphlet form. § 16. Contracts.] No expenditures involving an amount greater than one hundred (^100) dollars shall be made except in accordance with the provisions of a written contract, and no contract involving the expenditure of more than five hundred (S500) dollars for the purpose of erecting any public building or making any improvements shall be made except upon sealed proposals and to the lowest responsible bidder. § 17. May Read Bible.] No sectarian doctrine may be taught or inculcated in any of the schools of the corpo-, ration; but the Bible without sectarian comment may be read therein. § 18. Bonds — How Issued.] Whenever it shall become necessary in order to raise sufficient funds for the purpose of a school site or sites, to erect suitable building or build- ings thereon, or to fund a bonded indebtedness, it shall be lawful for the board of education of every corporation com- ing under the provisions of this Act to borrow money, for which they are hereby authorized and empowered to issue bonds bearing a rate of interest not exceeding seven per cent per annum payable annually or semi-annually, at such places as may be mentioned upon the face of said bond, which bonds shall be payable in not more than twenty years irom their date; and the board of education is hereby author- ized and empowered to sell such bonds at not less than par. Provided, That no bonds shall be issued until the ques- tion shall be submitted to the people and a majority of the qualified electors who shall vote on the question on an election called for that purpose shall have declared by their votes in favor of issuing such bonds. § 19. Bond Election.] It shall be the duty of the mayor of such city or town upon request of the board of education to call an election to be conducted in all respects as are the elections for city or town ofiicers, in the same corporations (except that returns shall be made to the board of education) for the purpose of taking the sense of SCHOOL LAWS 63 such corporation upon the question of issuing- such bonds, naming- in the proclamation of such election the amount of bonds asked for and the purpose for which they are to be used. Provided, That where the incorporation is not org-an- ized for civil government, the board of education may call and conduct the election provided for in this section. § 20. Shall Sign Bond.] The bonds, the issuing of which is provided for in the foregoing Section, shall be signed by the president, attested by the clerk, and counter- signed by the treasurer of the board of education, and said bonds shall specif}^ the rate of interest and the time when the principal and interest shall be paid, and each bond so issued shall be for a sum not less than fifty ($50) dollars, but no corporation shall issue bonds in pursuance of this act in any sum greater than three per cent, of its assessed valuation. § 21. Bond Interest.] The board of education at the time of its annual levy of taxes for the support of schools as herein provided shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this chapter and also to create a sinking fund for the redemption of said bonds, which it shall levy and collect in addition rate per cent, authorized by the provisions aforesaid for school purposes, and said amount of funds when paid into the treasury shall be and remain a specific fund for said purpose only and shall not be appropriated in any uther way except as hereinafter provided. §22. Sinking Fund J Any school district which shall hereafter issue bonds shall at or before the time of so do- ing, provide for the levy of an annual tax sufficient to pay the interest and principal when due and such levy shall be irrepealable until such debt is paid; Provided, That such levy shall not exceed fifteen (15) per cent, in any one year of the debt to be paid. All money raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under the pro- visions of this chapter shall be invested annually by the board of education in bonds of the State of South Dakota 6Jf SCHOOL LAWS or of the United States, or the board may buy and cancel the bonds of the district wlienever such may be purchased at or below par, or to purchase its outstanding- registered warrants that will be paid prior to the time such bonds will become due. § 23. Payment of Interest.] Whenever the interest coupons of the bonds hereinbefore authorized shall become due they shall be promptly paid by the treasurer, upon presentation, out of money in his hands collected for that purpose, and he shall endorse upon the face of such cou- pons in red ink the word "paid" and the date of payment, and sign the initials of his name. § 24. Payment Pledged.] The school fund and prop- erty of such civil corporation and territory attached for school purposes is hereby pledged for the payment of the principal and interest of the bonds mentioned in this chap- ter as the same may become due. § 25. Bond and Warrant Register.] It shall be the duty of the clerk of the board of education to register in a book provided for that purpose the bonds issued under the provisions of this chapter, and all warrants issued by the board, which registration shall show the number, date and amount of said bonds and warrants and to whom made pay- able. § 26. Official Oath and Bond.] Each member of the board of education and officer provided for in this chapter shall take and subscribe an oath or affirmation to support the constitution of the United States, and the State of South Dakota, and faithfully to perform the duties of his office. The oath and bond of the clerk shall be filed with the treasurer. All other oaths and bonds shall be tiled with the clerk but the clerk shall immediately notify the county auditor and the county superintendent of the filing of such oath and bond. § 27. Examination of Teachers.] The county super- intendent together with the principal or superintendent of schools of all independent districts employing such officer, and in such independent districts as do not employ such an officer, the county superintendent alone shall examine all teachers employed to teach in the schools of any city, SCHOOL LAWS 65 town or other independent district, the same as other teachers of the county are examined except as hereinafter provided, and no city superintendent or principal shall be employed who does not hold a first grade or state certifi- cate or diploma. In no case shall any teacher be em- ployed to teach in such schools who does not hold a certificate issued as above provided, or a state certificate or a state diploma and any contract made contrary to the above is hereby declared void. The above section shall be construed as giving- the superintendent of schools of any city or town advisory power in the examination of teachers for his school and he may add such questions as he may deem wise in the examination in order to test the qualifications of teachers for any particular grade or special work. The board of education in cities of the first class at such time as they may deem expedient, shall elect a superintendent of schools in no case a member of their own body, whose duty it shall be to have a general super- vision of the schools of the corporation, subject to the rules and regulations of the board, who shall hold his of- fice during the pleasure of the board and shall receive such compensation as the board may allow. The board shall also appoint two competent persons, who with the super- intendent as chairman shall be styled the examining com- mittee of the Board of Education, whose duty it shall be to examine all persons who may apply to them as teachers; and no person except one who holds a state certificate or state diploma shall be elected by the board as teacher who cannot produce a certificate from the examining committee signed by all or a majority of them, and setting forth that the holder is competent to teach in such department of the public school as may be stated in the certificate, and is a person of good moral character. Provided, No teacher who holds a state or county cer- tificate under this Act is excused from the county institute except for good and valid reasons. Provided, further, That the city superintendent shall revoke the certificates, issued by the examining committee of which he is chairman, of those persons who do not at- tend the county institute, except as hereinbefore provided. 66 SCHOOL LAWS § 28. Ballot Boxes to be Provided.] For the purpose of the election provided in this Act, there shall be pro- vided at each polling- place a ballot box separate and dis- tinct from the ballot box used for the city election, in which shall be deposited all ballots cast by the voters at such school election. The polling places shall be so arranged as to permit all persons entitled to vote at such school election free access to the same for the purpose of voting. § 29. Error in Tax List.] Whenever an error occurs in any school corporation or district tax list, the board of county commissioners may correct and refund such im- proper collection of school taxes the same as for other county taxes. § 30. Repeal.] All Acts and parts of Acts relating to education passed prior to January 1st, 1901, (except Chap- ter LVIII., Laws of 1897, relating to the board of regents- of education and special acts relating to schools in cities, towns and villages, and also to independent districts created by special acts) are hereby repealed. SCHOOL LIBRARIES An Act to Establish and Maintain School Libraries. Be it Enacted by the Legislature of the State of South Dakota. § 1. The county treasurer shall withhold from the ap- portionment of July, 1901, received from the Interest and Income Fund or other income for the schools of his county an amount equal to ten cents per capita for each person of school age residing therein, and annually thereafter an amount equal to ten cents per capita for each person of school age, which money shall constitute a library fund and shall be used in the purchase of library books as here- inafter provided. § 2. County Library Board.] The county superin- tendent, county auditor, state's attorney, and all superin- tendents of city schools, and principals of schools in villages, employing more than one teacher, shall constitute SCHOOL LAWS 67 the County Library Board, Annually, between the first day of July and the first day of September the County Library Board shall meet at the call of the county super- intendent, who shall be chairman of said board, and expend the money, provided for in section one of this Act, in the purchase of books selected from the list prepared by the State Superintendent. § 3. The clerk of the school district shall act as a librarian, and shall receive and have the care and custody of the books and shall loan them to the teachers, pupils and other residents of the district in accordance wnth the regulations prescribed by the State Superintendent. The clerk shall give a receipt for and keep a record of the books received from the County Library Board, and shall include in his annual report such library statistics as the State Superintendent may require. During" the time the school is in session the library shall be placed in the school house, and the teacher shall act as librarian under the supervision of the district clerk. § 4. The school board shall provide suitable cases for the books in each school. § 5. The County Library Board shall have the power to designate library circuits, each composed of not more than ten schools. When one or more such library circuits shall have been organized, it shall be the duty of the county superintendent to employ a responsible person to move all the libraries herein provided for. These re- movals shall be made in January and July of each year, and in such order as the superintendent shall direct, and the person making such removal shall receive therefor ten cents per mile for the distance necessarily traveled m making such exchange. Such mileage shall be paid by the county treasurer upon warrant issued by the county auditor, and shall be charged by the county treasurer pro rata to the various school districts affected. Provided, no warrant for such mileage shall issue ex- cept upon the presentation of a voucher signed by the county superintendent. § 6. The members of the County Library Board shall receive no compensation. The expense of postage, ex- 68 SCHOOL LAWS press and freight necessarily incurred by the County Board in securing- the books shall be a charg^e upon tlie library fund provided for in section one of this act. § 7. The county treasurer shall pay out money in the library fund upon vouchers signed by the county superin- tendent and the county auditor. § 8. All Acts and parts of Acts in conflict with this Act are hereby repealed. HUMANE TREATMENT OF ANIMALS An Act Pertaining- to the Humane Treatment of Animals. Be it Enacted by the Legislature of the State of South Dakota. § 1. That there shall be taught in the public schools of this state, in addition to other branches of study now prescribed, a system of humane treatment of animals. § 2. Each school supported wholly or in part by the public funds of this state, or of any county or city in this state, shall instruct all scholars in the laws of this state, as embodied in the Penal Code or other laws pertaining to the humane treatment of animals, and such studies on the subject as the board of education may adopt, such instruc- tion to consist of not less than two lessons of ten minutes each during each week of the school year. And no ex- periment upon live animals to demonstrate facts- in physi- ology shall be permitted in any school in this state. § 3. This Act shall take effect and be in force im- mediately after its passage. CONSTITUTIONAL PROVISIONS § 1. Art. VIII. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to estabr lish and maintain a general and uniform system of public schools, wherein tuition shall be without charge, and. SCHOOL LAWS 69 equally open to all, and to adopt all suitable means to se- cure to the people the advantag-es and opportunities of education. § 15. Art. VIII. The legislature shall make such pro- visions by general taxation, and by authorizing the school corporation to levy such additional taxes, as with the in- come from the permanent school fund shall secure a thoro and efficient system of common schools thruout the state. § 16. Art. VIII. No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, convey- ance, gifts or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or sup- ported by the state. § 17. Art. VIII. No teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profit of any book, apparatus or furniture used or to be used in any school in this state, under such pen- alties as shall be provided by law. § 9. Art. VII. Any woman having the qualifications enumerated in Section 1, of this Article, as to age, resi- dence and citizenship, and including those now qualified by the laws of the territory, may vote at any election held solely for school purposes and may hold any office in this state except as otherwise provided in this constitution. INDEX State Supervision. Chapter I Superintendent — Duties of Office of Shall Make Report To Prepare E^xamination Questions May Appoint Deputy Institute Conductors Meeting- of Institute Conductors Blanks and Blank Form Compensation of State Certificates and Diplomas Examination for Same State Certificate— How Secure Renewal of Certificates State Diplomas— How Secured Certificate Fee Ma3^ Be Revoked County [Supervision. Ciiaptcr 11 Superintendent — Duties of Shall Encourage Teachers' Institutes County Certificates — Requirements for Grades of Same Ag-e of Applicant Revocation of Certificates County Normal Institute Officers' Meeting- Medium of Communication Salaries of Superintendents May Close School Visiting Schools Certificate not Required To Examine Accounts Vacancy — How P'illed Treasurers' Bond Oath of Office Qualifications May Provide Office Shall Report Enumeration Shall Make Annual Report Appeal From District School Boards Appeals From Circuit Court Duty of County Treasurer Apportionment of School Monej^ District Institutes Not Hold Other Office Clerk's Report Treasurer's Report :CTION PAGE 1 3 2 3 3 4 4 4 5 4 6 4 7 4 8 5 9 5 10 5 11 5 12 5 13 6 14 6 15 7 16 8 1 8 2 8 3 9 4 9 • 5 10 6 10 7 11 8 12 9 12 10 12 11 13 12 14 13 14 14 14 15 14 16 14 17 15 18 15 19 15 20 16 21 16 22 16 23 18 24 18 25 18 26 19 27 19 28 19 29 19 INDEX Failure of Officer to Report Mileage of County Superintendent Schooli Corporations. Chapter liJ School Corporations Defined New Counties — District of District — How Sub-divided Officer's Report in Case of Sub-division Name of School District Boundaries — How Changed School District Corporations County Superintendent Shall Make Plat of County District School Board. Chapter IV School District Officers Annual Election of School Officers School Boards — Meetings of Chairman — Duties of — Salary Clerk — Duties of Clerk and Treasurer — Bonds of Treasurer— Duties of Warrants — Payment of Warrants — How Drawn Official Bond and Oath— Where Filed Salary of Clerk and Treasurer Powers and Duties of the District School Board. Chapter V Powers and Duties of the District School Board May Appeal to County Superintendent The Electors May Instruct Board Clerk Shall Notify Auditor Accounts — How Kept School Sites Board May Take Land Condition Reports in English Clerk of District Meetings Webster's Dictionary Clerk Shall Draw Warrant Teachers and Schools. Chapter VI • Teachers — How Employed Teacher's Register Teachers Shall Make Report Shall Give Notice Penalty for Disturbing School Reading of Moral Instruction Compulsory Education. Chapter VII Attendance — Period of — Penalty Arrest of Truant Children SECTION PAGE 30 20 31 20 1 21 2 21 3 21 4 23 5 23 6 23 7 24 24 1 24 2 25 3 26 4 26 5 26 6 26 7 28 8 28 9 28 10 29 11 29 1 29 2 31 3 32 4 33 5 34 6 35 7 35 8 36 9 36 10 36 11 36 12 37 1 37 2 38 3 38 4 39 5 39 6 39 1 39 2 40 INDEJX Employment of Children False Statement Prosecution— How and by Whom Made Courts Having" Jurisdiction Miscellaneous. Chapter VIII Definition of School Days Illegal Contracts Penalty for False Report Must Qualify Vacancy — How Filled Records Open to Inspection Tax Levy to Satisfy Judgment Jurisdiction in School Suits Fines and Penalties Assessor — Duty of Majority Rule County Commissioners to Levy Tax Annual School Election Branches to be Taught Form of Oath Penalty for Defacing School Property Reading Circle Duties of School Officers — Penalty School District Defined School Bonds. Chapter IX Vote for Issue of Bonds Bond Election Denomination of Bonds Requirements as to Form Sinking Fund Sale of Bonds Bonds a Lien Cancellation of Bonds Contract for Building School House Extension Coupons — How Issued Election Returns to County Auditor Unifornnity of School Text Books. Chapter X Who Constitute Board Time of Meeting — Adoption and Price of Duty of Board and Superintendent Superintendent to Notify Members of the Contract With Publishers Form of Contract Bond From Depository Printed Lists and Price of Books Petition for Free Books Book Case and Secretary's Report SECTION PAGE 3 41 4 41 5 41 6 42 1 42 2 42 3 42 4 43 5 43 6 43 7 43 8 44 9 44 10 44 11 44 12 44 13 45 14 45 IS 45 16 45 17 45 18 46 19 46 1 46 2 47 3 47 4 47 5 48 6 49 7 49 8 49 9 49 10 SO 11 50 1 51 oks 2 51 3 52 >ard 4 52 5 52 6 53 7 53 8 53 9 53 10 54 INDEX SECTION 11 Change Provided for Emoluments Prohibited Cities, Towns and Independent Districts. Chapter XI Law "Where in Force Committee on Arbitration A Free System of Schools Adjacent Territory — How Attached Shall be a Corporation A Board of Education Power to Fill Vacancy Shall Maintain and Control Schools Org-anijtation — How Made Duties of President and Clerk Tax Levy School Ofificers — How Chosen — Bond of — Duties Taxable Property Regular Meetings Report of Clerk Contracts May Read Bible Bonds — How Issued Bond Election Shall Sign Bond Bond Interest Sinking Fund Payment of Interest Payment Pledged Bond and Warrant Register Official Oath and Bond Examination of Teachers Ballot Boxes to be Provided Error in Tax List Repeal School Libraries. Chapter I County Treasurer Shall Withhold From Apportionment County Library Board Clerk of School District as Librarian School Board Shall Provide Book Case The County Library Board to Designate Circuits Library Board to Receive no Compensation County Treasurer to pay out Money All Acts Repealed Humane Treatment of Animals. Chapter I Shall be Taught in Public Schools Each School Supported Act Shall Take Effect Constitutional Provisions 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 PAGE 54 54 55 55 56 56-57 58 58-59 60 60 60 60 60 61 61 61 61 62 62 62 62 63 63 63 64 64 64 64 64-65 66 66 66 96 66 67 67 67 67 68 68 fuNlVERSlTY /. ^ 180919