, v^^ 
 
 
 
 
 
 LIBRARY 
 
 OF THE 
 
 University of California. 
 
 GIFT OF 
 
 
 
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 PIERRE, - SOUTH DAKOTA. 
 
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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 
 
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 > 
 
 A/ 
 
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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 
 
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 16 
 
 8 
 
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 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 
 
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 26 
 
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 26 
 
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 26 
 
 7 
 
 28 
 
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 11 
 
 29 
 
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 29 
 
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 31 
 
 3 
 
 32 
 
 4 
 
 33 
 
 5 
 
 34 
 
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 35 
 
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 35 
 
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 36 
 
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 36 
 
 11 
 
 36 
 
 12 
 
 37 
 
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 37 
 
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 38 
 
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 38 
 
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 39 
 
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 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 
 
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 IS 
 
 45 
 
 16 
 
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 46 
 
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 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