LB 
 
 UC-NRI 
 
 
 
 SB 
 
 GEORGIA SCHOOL LAWS 
 AND DECISIONS 
 
 PUBLISHED BY THE 
 
 DEPARTMENT OF EDUCATION 
 
 M. L. BRITTAIN, 
 
 STATE SUPERINTENDENT OF SCHOOLS 
 1916 
 
GIFT OF 
 
GEORGIA SCHOOL LAWS 
 
 , v 
 
 AND DECISIONS 
 
 PUBLISHED BY THE 
 
 DEPARTMENT OF EDUCATION 
 
 M. L. BRITTAIN, 
 
 STATE SUPERINTENDENT OF SCHOOLS 
 1916 
 

 
 
PREFACE. 
 
 By reason of recent legislation many contradictions occur in the 
 Georgia school laws. For instance, prior to 1910, a County Super- 
 intendent was required to have certain qualifications and was elected 
 by the County Board of Education; later this legislation was modified 
 in part and later still the election and qualifications of this official 
 were further changed. This is also true with regard to other parts of 
 our school system. If the General Assembly will authorize the codifi- 
 cation or systematic and logical arrangement of these laws, it will be 
 a pleasure for the State Department of Education in conjunction with 
 the Attorney-General to do this work without expense or cost of any 
 kind, and in the interest of the public, I ask for the passage of an act to 
 this effect. The publication of a complete compilation of Georgia 
 School Laws and Decisions without such a re-arrangement merely con- 
 fuses even the lawyers, to say nothing of the officials and parents. 
 For this reason it has been thought wise to publish extracts of our 
 more important and most necessary educational legislation until the 
 right is granted to arrange the laws changed, omit those practically 
 repealed, and to print a complete and thorough school code. 
 
 Very truly, 
 
 M. L. BRITTAIN, 
 State Superintendent of Schools. 
 
 381197 
 
STATE BOARD OF EDUCATION. 
 
 * 
 
 Members Ex-Officio. 
 
 The GOVERNOR, President. 
 
 The STATE SUPERINTENDENT OF SCHOOLS, 
 Secretary and Executive Agent. 
 
 Members By Appointment. 
 
 Hon. WALTER E. STEED, Butler, Georgia. 
 Term ending September 5, 1917. 
 
 Prof. A. H. MOON, Baxley, Georgia. 
 
 Term ending September 5, 1917. 
 
 Dr. G. R. GLENN, Dahlonega, Georgia. 
 Term ending September 5, 1919. 
 
 Dr. T. J. WOOFTER, Athens, Georgia. 
 Term ending September 5, 1919. 
 
STATE BOARD OF EDUCATION. 
 
 I. 
 
 STATE BOARD OF EDUCATION. 
 
 SECTION 1. Be it enacted by the General Assembly of the State Actg of 
 of Georgia and it is hereby enacted by the authority of the same, 1011, ^ 
 That there shall be a State Board of Education composed of six mem- 
 bers, as follows: The Governor, the State Superintendent of Schools, 
 and four other persons, who shall be appointed by the Governor of 
 the State, two for two years and two for four years, their terms of 
 office thereafter to be for four years each, or until their successors 
 are appointed and qualified. At least three of said appointees shall be x 
 men of practical experience in teaching schools and of high standing 
 in educational work, having at least three years practical experience 
 as a teacher in the schools of Georgia, and being thoroughly conversant 
 with the operation of rural schools. Should a vacancy occur at any 
 time in said Board it shall be filled by the Governor; provided, That 
 the nomination of the Governor for membership on the State Board 
 of Education shall be subject to confirmation by the Senate; and 
 provided further, That an appointment made when the Senate is not 
 in session shall be effective until the Legislature convenes and acts on 
 the appointment. No person who is now or has been connected with 
 or employed by a school book publishing concern shall be eligible to 
 membership on said State Board of Education, and if any person 
 shall become so connected or employed after becoming a member of 
 said Board his place on said Board shall become vacant. 
 
 SEC. 2. The said Board of Education shall take oaths of office 
 and enter upon the discharge of their duties immediately after their Acts of 
 appointment. They shall meet in the office of the State Superintendent page 96. 
 of Schools. The Governor shall preside over their body as Chairman 
 of the Board when it is practicable for him to be present; but when 
 he can not be present, they shall select their Chairman and proceed with 
 their business whenever a majority of the Board is present. The 
 Board shall meet at least quarterly in regular session and at any other 
 time when an emergency arises, and they shall be called together by 
 the Governor of the State or State School Superintendent. The four 
 appointees shall receive as compensation for their services $250.00 per 
 annum each, which shall be paid out of the State Treasury on the 
 
STATS BOARD OP EDUCATION. 
 
 Acts of 
 1911, 
 
 page 96. 
 
 Acts of 
 1911, 
 page 97. 
 
 Acts of 
 1887, 
 page 69. 
 
 warrant of vho Oovex-noi 1 and be allowed their actual traveling ex- 
 penses in going and returning to their homes, upon submitting a 
 sworn itemized statement, accompanied by proper vouchers and not 
 otherwise. The total expenses for the four appointees shall not exceed 
 $100. 
 
 SEC. 3. The State Board of Education shall provide rules and 
 regulations for the supervision of all schools in the State. They shy 11 
 provide the course of study for all common and high schools of the 
 State receiving State aid. They shall select and make out a list of 
 text-books to be taught in said schools, which can be changed only every 
 five years; unless the peculiar conditions of any county or community 
 demand certain changes, in which case, the County Board, together, 
 with the County Superintendent, shall make application to the State 
 Board suggesting such changes and give their reasons therefor, where- 
 upon if the said Board sees proper, their request shall be granted. 
 Provided, This clause shall in no way affect the present State adoption 
 of books. This Board of Education shall be the final court of appeal 
 to hear and decide all matters which have been appealed from tlie 
 State Superintendent of Schools. They shall determine the necessary 
 office force of the State Superintendent of Schools, and shall fix the 
 compensation of the same. Not however, to exceed $1,800.00 per 
 annum more than at present paid. 
 
 SEC. 4. Each county in the State shall constitute a school district 
 and the public school funds shall be apportioned among the several 
 districts by the State Board of Education as now provided by law. 
 They shall also provide for normal instruction of teachers in each of 
 the districts, either by institutes or otherwise. They shall have power 
 to compel the attendance of teachers upon such normals and institutes, 
 to provide penalties for non-attendance, to provide for the examina- 
 tion of the teachers of said State, and to grant licenses to those that 
 are qualified who desire a State or special license. 
 
 SEC. 5. That the State Board of Education shall constitute an 
 advisory body, with whom the State School^ Commissioner shall have 
 the right to consult when he is in doubt as to his official duty and also 
 a body in the nature of a court to which appeals shall be made from 
 the decisions of the State School Commissioner upon any question 
 touching the construction or administration of the school laws and the 
 decision of the State Board, when rendered, shall be final and con- 
 clusive upon the matter in issue. Appeals to the State Board must be 
 made through the County Commissioner in writing, and must distinctly 
 set forth the question at law, as well as the facts, in the case upon 
 
 6 
 
STATE BOARD OF EDUCATION. 
 
 which the appeal is taken. Upon any question involving the construc- 
 tion or administration of the school laws, the concurrence of a major- 
 ity of the whole Board shall be necessary in order to give validity to 
 the decision. 
 
 Additional Duties of State Board of Education. 
 
 As State School-book Commission, State Board is required to select 
 text-books for the common schools of the State. 
 
 SEC. 6. Be it further enacted, That no member of the State Board 
 of Education or any appointees of said Board or any other person or 
 persons that have the authority of selecting or in any way aiding in the 1911, 
 selection of school books for the schools of Georgia shall not for them- } 
 selves or any member of their respective families receive any gifts, com- 
 pensation or remuneration of any kind from any school book publish- 
 ing house, corporations, individuals, or the agents or representatives 
 of either, nor shall any person, publishing house or corporation en- 
 gaged in publishing or the sale of school books offer to any of said 
 board or their families or appointees any gift, compensation or re- 
 muneration, directly or indirectly. Any person violating the provisions 
 of this section shall be guilty and punishable for a misdemeanor. 
 Should any of the aforementioned publishing houses, corporations or 
 persons engaged in publishing or selling school books offer to any of 
 the aforementioned officers, their families or appointees any such com- 
 pensation, remuneration or reward of any kind, it shall be their duty 
 to report the same to the grand juries of their respective counties, 
 and on failure or refusal to do so, they or either of them so failing 
 or refusing shall be guilty and punishable for a misdemeanor, and 
 such officers on conviction thereof shall be removed from office. 
 
STATE SUPERINTENDENT OF SCHOOLS. 
 
 II. 
 
 STATE SUPERINTENDENT OF SCHOOLS. 
 
 Acts of 
 1894, 
 page 34. 
 
 Acts of 
 1887, 
 page 69. 
 
 Election charged with administration of school law and superin- 
 tendence of common school affairs. 
 
 SECTION 1. There shall be a State School Commissioner elected 
 by the people at the same time and manner as the Governor and State- 
 house officers are elected, whose term of office shall be two years and 
 until his successor is elected and qualified. His office shall be at the 
 seat of government and he shall be paid a salary not to exceed two 
 thousand dollars ($2,000) per annum. The General Assembly may 
 substitute for the State School Commissioner such officer or officers 
 as may be deemed necessary to perfect the system of public education. 
 
 SEC. 2. He shall be charged with the administration of the school 
 laws, and a general superintendence of the business relating to the 
 common schools of the State. He shall prescribe suitable forms for 
 the reports required of subordinate school officers and blanks for their, 
 guidance in transacting their official business and shall, from time to 
 time, prepare and transmit to them such instruction as he may deem 
 necessary for the faithful and efficient execution of the school laws, 
 and by whatsoever is thus communicated to them shall they be bound 
 to govern themselves in the discharge of their official duty; provided 
 nevertheless, there shall always be an appeal from the State School 
 Commissioner to the State Board of Education as hereinbefore enacted. 
 
 Acts of 
 
 1887, 
 page 69. 
 
 Acts of 
 1887, 
 page 70. 
 
 Some specific duties Contents of Annual Report. 
 
 SEC. 3. That it shall be the duty of the State School Commissioner 
 to visit, as often as possible, the several counties of the State for 
 the purpose of examining into the administration of the school law 
 in said counties, of counseling with school officers, of delivering 
 popular addresses, of inspecting school operations, and of doing such 
 other acts as he may deem subservient to the interest of popular 
 education. 
 
 SEC. 4. The State School Commissioner shall see that the proper 
 actions provided by law are brought against all officers and agents of 
 the system, who are liable to the same, for misappropriation of the 
 school fund or other cause. 
 
 8 
 
STATE SUPERINTENDENT OF SCHOOLS. 
 
 Acts of 
 
 86> 
 
 SEC. 5. That the State School Commissioner shall make an an- 
 nual report to the General Assembly, in which he shall present a state- 
 ment of the condition and amount of all funds and property ap- 
 propriated to the purpose of public education ; a statement of the num- 
 ber of common and public schools of the various grades in the State; 
 the number of scholars attending such schools, their sex, color, and the 
 branches taught; a statement of the average cost per scholar of in- 
 struction under the common school system in each county; a statement 
 of the plans for the management, extension and improvement of the 
 common schools; a statement of the number of children of school age 
 in the State, with as much accuracy as the same can be ascertained; 
 also, a statement of the number of private schools and colleges of the 
 different kinds in the State; the number of pupils in such schools or 
 colleges; their sex, the branches taught, the average cost of tuition 
 per scholar in said schools and colleges. 
 
 Salary and expenses of office. 
 
 SEC. 6. That the State School Commissioner shall be entitled to 
 receive for his services the sum of two thousand dollars annually in Acts of 
 quarterly installments. All his necessary traveling expenses incurred in page 71. 
 the performance of his official duties and all postage and other ex- 
 penses absolutely necessary arising in his office, shall be paid by the 
 State. He shall also be entitled to employ one clerk to aid him in 
 his official duties. His clerk shall receive an annual salary not ex- 
 ceeding twelve hundred dollars, to be paid quarterly. The salaries and 
 other expenses named in this section shall be paid out of the State 
 school fund on executive warrant. It shall also be the duty of said 
 Commissioner to keep an itemized account of all expenses connected 
 with his department, which accounts shall be audited by the State 
 Board of Education. 
 
 Title changed election. 
 
 SEC. 7. Be it further enacted, That in the place of the State 
 School Commissioner the office of State Superintendent of Schools is 
 substituted; provided, That the person now holding the office of State Actg of 
 School Commissioner shall serve as State Superintendent of Schools 1911 
 during the remainder of the term for which he was elected, and exer- ] 
 cise all of the duties now exercised by such official, in addition to pow- 
 ers herein granted. The term of office shall be for two years and 
 until his successor is elected and qualified. He shall be elected as the 
 present State School Commissioner is elected and exercise the same 
 powers, except as hereinafter may be changed or altered. 
 
STATE SUPERINTENDENT OF SCHOOLS. 
 
 Acts of 
 
 1911, 
 
 page 98. 
 
 Acts of 
 191JI, 
 page 98. 
 
 Acts of 
 1911, 
 page 98. 
 
 Acts of 
 1911, 
 page 99. 
 
 Oath Bond Duties. 
 
 SEC. 8. Be it further enacted, That upon entering the discharge 
 of his official duties, the State Superintendent of Schools shall give 
 bond in the penal sum of Ten Thousand ($10,000), Dollars to the 
 State of Georgia, with some approved surety company which shall 
 be acceptable to the Secretary of State, conditioned that he will truly 
 account for and apply all money or other property which may come 
 into his hands in his official capacity for the use and benefit of the 
 purpose for which it is intended, and that he will faithfully perform 
 the duties enjoined upon him by law. He shall take and subscribe an 
 oath to diligently and faithfully discharge the duties of his office. The 
 bond with certified endorsement thereon, shall be filed with the Secre- 
 tary of State, the premium charged for said bond shall be paid out 
 of the treasury of the State. 
 
 SEC. 9. In addition to the powers hereinbefore given, the said 
 State Superintendent of Schools shall be the Secretary and Executive 
 Agent of the State Board of Education, for which services he shall 
 receive One Thousand ($1,000) Dollars. 
 
 SEC. 10. Be it further enacted That to render a person eligible 
 to hold the office of State Superintendent of Schools he shall be a man 
 of good moral character, of high educational standing, have had at least 
 three years' practical experience as a teacher, or in lieu thereof shall 
 have a diploma from a reputable college or normal school, or shall 
 have had five years' experience in the actual supervision of schools, 
 and be at least thirty years of age. 
 
 SEC. 11. The State Superintendent of Schools shall carry out and 
 enforce all the rules and regulations of the State Board of Education 
 and the laws governing the schools of the State receiving State aid, 
 he shall from time to time make such recommendations to the State 
 Board as may effect the welfare and efficiency of the public schools 
 throughout the State; he shall have authority to suspend a County 
 Superintendent of Schools for incompetency, willful neglect of duty, 
 misconduct, immorality or the commission of crime involving moral 
 turpitude; providing, of course, That all of his acts in this matter 
 shall be subject to the approval of the State Board of Education and 
 the party so suspended may appeal his case to the State Board, whose 
 decision shall be final. The State Superintendent of Schools shall have 
 power, with the consent and approval of the State Board of E'duca- 
 ' tion to appoint three State School Supervisors, whose professional 
 qualifications shall be the same as State Superintendent's who shall 
 act under the direction of the State Superintendent of Schools and fill 
 
 10 
 
STATE SUPERINTENDENT OF SCHOOLS. 
 
 the place of the experts provided for in the Acts of 1891, which were 
 amended in 1892 and 1893. The salaries paid these Supervisors shall 
 be fixed by the State Board of Education and shall not exceed Two 
 Thousand Dollars each per annum, together with necessary traveling 
 expenses; provided, The same shall not exceed $2,000 dollars. The 
 Supervisors shall keep itemized statements of their expenses, which 
 shall be sworn to monthly and approved by the State Superintendent 
 of Schools and be paid out of the State Treasury. It shall be especial- 
 ly the duty of these Supervisors to act as instructors of institutes to 
 give State normal instruction and training as the State Superintendent 
 may direct in each county; to grade the papers of applicants for pro- 
 fessional certificates or State licenses and to aid generally in super- 
 vising, systematizing and improving the schools of the State under 
 the direction of the State Superintendent of Schools. 
 
 SEC. 12. The State Superintendent of Schools with the advice and 
 approval of the State Board of Education, shall appoint one person 
 who shall be a competent and experienced bookkeeper and accountant Acts of 
 at a salary of Two Thousand Dollars per annum, together with his page' 100. 
 actual traveling expenses, whose duty it shall be to thoroughly audit 
 and check the books and accounts of County Superintendents and the 
 Treasurers of local school systems, of municipal systems, of the State 
 University and all its branches, including the District Agricultural 
 Schools, the State College of Agriculture, Technological Schools and 
 all other schools receiving State aid and make regular annual reports 
 to the State School Superintendent showing the amount received, for 
 what purposes received, and for what purposes expended. All such 
 funds held by officials must be kept in banks separate from their 
 individual bank accounts. He shall be allowed his traveling expenses 
 from itemized statements sworn to, as the Supervisors are allowed 
 theirs in the foregoing section, provided the total expenses shall not be 
 more than $1,000 per annum. 
 
 SEC. 13. It shall be the duty of the State Superintendent of 
 Schools, in addition to the powers already granted, that in the event Actg o[ 
 of a misapplication of any of the funds apportioned to any of the ijn. 
 institutions of learning or schools receiving State aid he shall at once 
 proceed to recover the same by the institution of proper procedure in 
 the courts of competent jurisdiction after demand is made upon the 
 party misapplying the funds to settle same. Should it become neces- 
 sary to procure additional legal services other than that of the Attor- 
 ney-General, the Governor is authorized to procure special or local 
 counsel and arrange to pay for the recovery of said funds, such fee 
 out of the funds collected as is usual and customary in the locality 
 where the suit is instituted. 
 
 11 
 
COUNTY BOARD OF EDUCATION. 
 
 III. 
 
 COUNTY BOARD OF EDUCATION. 
 
 Acts of 
 1887, 
 page 71. 
 
 Acts of 
 1893, 
 page 62. 
 
 Each county a school district. 
 
 SECTION 1. That hereafter each and every county in the State shall 
 compose one school district, and shall be confided to the control and 
 management of a County Board of Education. 
 
 Selection, qualification and term of office of members of County 
 Board of Education. 
 
 SEC. 2. That the grand jury of each county (except those counties 
 which are under a local system) in this State shall, from time to time, 
 select from the citizens of their respective counties five freeholders, 
 who shall constitute the County Board of Education. Said members 
 shall be elected for the term of four years, and shall hold their offices 
 until their successors shall be elected and qualified; provided, however^ 
 that no publisher of school-books, nor any agent for such publisher, 
 nor any person who shall be pecuniarily interested in the sale of 
 school-books, shall be eligible for election as member of any Board 
 of Education or as County School Commissioner of any county in this 
 State; provided further, that whenever there is in a portion of any 
 county a local school system having a Board of Education of its own, 
 and receiving its pro rata of the public school fund directly from the 
 State School Commissioner, and having no dealings whatever with the 
 County Board of Education, then the members of the County Board 
 of Education of such county shall be selected from that portion of the 
 county not embraced within the territory covered by such local system. 
 See also Section 15 for further information concerning the selection 
 and qualifications of members of County Board of Education. 
 
 Compensation. 
 
 SEC. 3. That the members of the Board of Education in each 
 county shall be paid a per diem not to exceed two dollars for each 
 day's actual service out of the school fund appropriated to the county; 
 
 12 
 
COUNTY BOARD OF EDUCATION. 
 
 and their accounts for service shall be submitted for approval to the 
 Ordinary or County School Commissioner; and they shall not receive 
 any other compensation, such as exemption from road and jury duty. 
 
 Certification of election removal from office vacancies. 
 
 SEC. 4. That whenever members of a County Board are elected or 
 appointed in pursuance of the provisions of the above section, it shall 
 be the duty of the Clerk of the Superior Court to forward to the State Agts of 
 School Commissioner a certified statement of the facts, under the page 72. 
 seal of the court signed officially by him, as evidence upon which to 
 issue commissions, and the corresponding evidence of the election of 
 a County Commissioner shall be the certified statement of the Secretary 
 pro tern, of the meeting of the Board at which the election was held. 
 Any member or members of the County Board of Education shall be 
 removed by the judges of the Superior Court of the County, on the 
 address of two-thirds of the Grand Jury, for inefficiency, incapacity, 
 general neglect of duty, or malfeasance or corruption in office; that the 
 judges of the Superior Courts of this State shall have the power to 
 fill vacancies by appointment in the County Boards of Education for 
 the counties composing their respective judicial circuits, until the next 
 session of the grand juries in and for said counties, when said vacancies 
 shall be filled by said grand juries. 
 
 Officers sessions. 
 
 SEC. 5. That the Board of Education shall elect one of their 
 number President, who shall serve as such during the term for which 
 he was chosen a member of the Board. Tlie County School Commis- 
 sioner shall be ex-officio Secretary of the Board. A majority of the ^g* of 
 Board shall constitute a quorum for the transaction of business. It P a se 72 - 
 shall be the duty of said Secretary to be present at the meetings of the 
 Board, and to record in a book, to be provided for the purpose, all 
 their official proceedings, which shall be a public record open to the 
 inspection of any person interested therein, and all such proceedings, 
 when so recorded, shall be signed by the President and countersigned 
 by the Secretary. 
 
 NOTE. It is important that the minutes of the meetings of the County 
 Boards -of Education shall be kept in full. Expenditures authorized 
 should be itemized. 
 
 SEC. 6. That it shall be the duty of the County Board of Educa- 
 tion to hold regular sessions on the first Tuesday of the month suc- 
 ceeding their election, and each three months thereafter, at the court Acts of 
 house of the county for the transaction of business pertaining to the page 72. 
 
 13 
 
COUNTY BOARD OF EDUCATION. 
 
 Acts Of 
 
 1889, 
 page 124. 
 
 Acts of 
 1889, 
 page 124. 
 
 Acts of 
 1887, 
 page 77. 
 
 public schools, with power to adjourn from time to time, and in the 
 case of the absence of the President or Secretary, they may appoint 
 one of their own number to serve temporarily. 
 
 NOTE. In the majority of the counties of the State it is found neces- 
 sary in order to keep up with the business properly for the County 
 Board of Education to meet monthly and it is suggested that the date 
 selected be well known for the greater convenience of the teachers and 
 public. 
 
 School Sub-Districts employment of teachers written contracts 
 with teachers teachers' reports appointment and duties 
 of trustees. 
 
 SEC. 7. That the County Board shall lay off their counties into 
 sub-school districts, in each of which sub-school district they shall 
 establish one common school each for the white and colored races where 
 the population of the two races, is sufficient, which schools shall be as 
 near the center of the sub-school district as can conveniently be ar- 
 ranged, reference being had to any schoolhouse already erected, and 
 population of said sub-district, and to the location of white and 
 colored schools with regard to contiguity; provided, however, that in 
 such sub-school districts where more than one school is demanded, then 
 they may establish one or more additional schools in such sub-school 
 district; and provided, also, that whenever it becomes proper to lay 
 off new sub-school districts, or alter the boundaries of those already 
 laid off, the said Board shall have full power to make such changes as 
 the public necessities may require. 
 
 SEC. 8. The said County Boards are also empowered to employ 
 teachers in the manner hereinafter pointed out, to serve in the schools 
 under their jurisdiction, and the contracts for said service shall be in 
 writing, signed in duplicate by the teacher on his own behalf and by 
 the County School Commissioner on behalf of the Board. 
 
 NOTE. A large number of the misunderstandings between commis- 
 sioners and teachers come from failure to make contracts in writing. 
 
 SEC. 9. It shall be the duty of the teachers to make and file with 
 the County Commissioners at the expiration of each term of school, a 
 full and complete report of the whole number of scholars admitted to 
 the school during said term, distinguishing between males and females 
 and colored and white together with the names thereof, and the entire 
 and the average attendance, the branches taught, the number of pupils 
 engaged in the study of each of the said branches, and such other statis- 
 tics as he or she may be required to report by the County Commissioner, 
 or by the State School Commissioner, and until such report shall have 
 been prepared, sworn to and filed by said teacher as aforesaid, it shall 
 
 14 
 
COUNTY BOARD OF EDUCATION. 
 
 not be lawful for said County Commissioner to audit the account of 
 said teacher for his or her services. 
 
 SEC. 10. That the County Boards of Education, whenever, in their 
 opinion the good of the schools in their respective counties demand ^^ 
 it may, at their discretion, appoint three intelligent, upright citizens of page 122. 
 each subdistrict of their respective counties to act as school trustees 
 for their sub-districts, naming one of the appointees to serve for one 
 year, and one for two, and one for three years; and as vacancies 
 occur by the expiration of the terms of incumbents, the Board shall 
 fill those vacancies with appointees whose term of service shall be 
 three years; and should vacancies occur by death, resignation, or other- 
 wise, the Boards of Education shall fill these vacancies for the unex- 
 pired term; and whenever School Trustees are chosen as herein pro- 
 vided, the fact shall be recorded in the minutes of the County Boards, 
 and the appointees shall receive certificates of their appointment from 
 the County School Commissioner, and these certificates shall be their 
 sufficient warrant for entering upon and performing the duties of their 
 office. That it shall be the duty of the School Trustees herein pro- 
 vided for to supervise the school operations of their sub-districts, to 
 visit the schools, and to make such recommendations to the County 
 Boards, in relation to the school interests of their sub-districts, as may 
 seem to them best, and especially in the matter of choosing teachers 
 for their sub-districts. It shall be their right to recommend applicants, 
 and it shall be the duty of the County Boards to choose as teachers the 
 persons so recommended; provided, they shall be persons duly quali- 
 fied and eligible according to the provisions of existing law; and fur- 
 thermore, it shall be the duty of the School Trustees, in recommending 
 persons as teachers, to recommend those persons who, in their opinion, 
 are the choice of the communities to be served; and it shall, further- 
 more, be the duty of the School Trustees to make a written report, 
 once a year, to the County Boards in relation to the matters com- 
 mitted to their supervision, or of tener if required by the County Boards 
 of Education. 
 
 Note Duties of Trustees. 
 
 "You are, therefore, hereby authorized and required to perform all 
 the duties incumbent on you as a Trustee aforesaid, according to law 
 and the trust reposed in you. This commission is to continue in force 
 during active and efficient service and for the term pointed out by the 
 laws of the State, which say that this certificate shall be your sufficient 
 warrant for entering upon and performing the duties of your office. 
 These duties are as follows: To visit your school; to inspect the school 
 work in your district, giving special attention to the oral and written ex- 
 aminations of pupils; to make general recommendations to the Cov!*i- 
 Board of Education for the advancement of the school interests in your 
 districts; to aid, by recommendation of desirable applicants, the County 
 
 15 
 
COUNTY BOARD OF EDUCATION. 
 
 Board of Education in choosing teachers for your schools; to see that the 
 school house is in good repair and equipped for good work, and that 
 the school grounds are properly improved and supplied with shade, fuel, 
 water and other necessaries- to make a written report, once a year, to 
 the County Board, in relation to the matters committed to your super- 
 vision, or oftener if required by the County Board of Education. 
 
 "As you have opportunity impress upon patrons and pupils the im- 
 portance of regular attendance, of hearty home co-operation and estab- 
 lishing and using school libraries. ' ' Extract from Trustees Commission. 
 
 Acts Of 
 
 1887, 
 page 73. 
 
 Acts of 
 1898, 
 page 71. 
 
 School property races taught separately building of schoolhouses 
 defining and regulating public school term. 
 
 SEC. 11. That the County Board of Education shall have power 
 to purchase, lease, or rent school sites; to build, repair, or rent school- 
 houses; to purchase maps, globes and school furniture, and to make all 
 other arrangements of this kind necessary to the efficient operation of 
 the schools under their care; and the said Boards shall also be, and 
 are hereby, invested with the title, care, and custody of all school- 
 houses, sites, school libraries, apparatus, or other property belonging 
 to sub-districts as now defined, or as may hereafter be defined, in their 
 several counties, with all power to control the same, in such manner 
 as they think will best subserve the interests of common schools; and 
 when, in the opinion of the Board, any school-house site has become 
 unnecessary or inconvenient, they may sell and convey the same in 
 the name of the County Board of Education, such conveyance to be 
 executed by the President or Secretary of said Board according to 'the 
 order of the Board. They shall have power to receive any gift, grant, 
 donation, or devise made for the use of common schools within their 
 respective counties; and all conveyances of real estate which may.be 
 made to said Board shall vest the property in said Board of Education 
 and their successors in office. It shall also be the duty of said Board of 
 Education to make arrangements for the instruction of the children 
 of the white and colored races in separate schools. They shall, as far 
 as practicable, provide the same facilities for both races in respect of 
 attainments and abilities of teachers and length of term-time; but the 
 children of the white and colored races shall not be taught together in 
 any common or public school of this State; and in respect to the build- 
 ing of the schoolhouses mentioned in this Section, the said Board of 
 Education may provide for the same, either by labor on the part of 
 the citizens of subdistricts to be served, or by a tax on their property, 
 as may be hereinafter provided. 
 
 SEC. 12. The several County Boards of Education of this State 
 shall have full power and authority to define and regulate the length 
 of the public school terms of their respective counties. 
 
 16 
 
COUNTY BOARD OF EDUCATION. 
 
 Judicial tribunal appeals. 
 
 SEC. 13. That the County Board of Education shall constitute a 
 tribunal for hearing and determining any matter of local controversy iss? 
 in reference to the construction of administration of the school law, 
 with power to summon witnesses and take testimony if necessary; and 
 when they have made a decision, said decision shall be binding upon the 
 parties to the controversy; provided, that either of the parties shall 
 have the right to appeal to the State School Commissioner, and said 
 appeal shall be made through the County Commissioner in writing, and 
 shall distinctly set forth the question in dispute, the decision of the 
 County Board and the testimony, as agreed upon by the parties to the 
 controversy, or if they fail to agree, upon the testimony as reported by 
 the Commissioner. 
 
 Acts of 
 
 page 74. 
 
 Vaccination. 
 
 SEC. 14. That the County Board of Education in the counties of 
 this State, and the Boards of Public Education for the cities of this Acts of 
 State be, and they are hereby, authorized and empowered to make such page 98. 
 regulations as in their judgment shall seem requisite to insure the 
 vaccination of the pupils in their respective schools, and may require 
 all scholars or pupils to be vaccinated as a prerequisite to admission 
 to their respective schools. 
 
 Selection qualification duties. 
 
 SEC. 15. Be it further enacted, That the County Board of Educa- 
 tion shall consist of (5) members as now provided by law and selected 1911, 
 by the grand jury as now provided by law, except that the grand jury page 
 in selecting such members shall not select one of their own number 
 then in session, nor shall they select any two of those selected from 
 the same militia district or locality, nor shall they select any person 
 who resides within the limits of a local school system operated inde- 
 pendent of the County Board of Education, but shall apportion mem- 
 bers of the Board as far as practicable over the county; they shall 
 select men of good moral character, who shall have at least a fair 
 knowledge of the elementary branches of an English education and be 
 favorable to the common school system. 
 
 SEC. 16. Be it further enacted, That the County Board of Edu- 
 cation shall have and exercise all the powers that are now exercised 
 by the County Board of Education except as may be herein changed; page IDS. 
 provided, That the County Superintendent of Schools and County 
 Board of Education shall make rules to govern the county schools of 
 
 of 
 
 17 
 
COUNTY BOARD OF EDUCATION. 
 
 their respective counties; upon being called together by some one of 
 their number after their selection, they shall organize by selecting a 
 chairman. The County Superintendent shall act as Secretary of the 
 Board, and keep the minutes of their meetings and make a permanent 
 record of the same and do any other clerical work that they may 
 direct him to do. Said board may suspend the County Superintendent 
 same as State Superintendent, and may suspend teachers same as 
 County Superintendent. In each case there may be an appeal to 
 State Board. 
 
 Acts of 
 
 1911, 
 page 104. 
 
 Acts of 
 1911, 
 page 105. 
 
 Consolidation. 
 
 SEC. 17. Be it further enacted, That after the passage of this 
 Act, the Board of Education of any county shall have the right if, in 
 their opinion, the welfare of the schools of the county and the best 
 interests of the pupils require, to consolidate two or more schools 
 located in the same or different districts into one school, to be located 
 by said Board at a place convenient to the pupils attending the same, 
 said school-house to be located as near the center of the district or 
 districts involved as practicable. Whenever two or more schools are 
 consolidated as hereinafter provided, the County Superintendent shall 
 call an election of trustees for said consolidated schools from the dis- 
 trict or districts concerned; said election shall be held in accordance 
 with the provisions of existing law, and the result determined and 
 declared by the Board of Education. The County Board of Education 
 shall have the further power, when the best interests of schools demand, 
 to separate or divide any school district into two or more school dis- 
 tricts and to provide for the election of a Board of Trustees for each 
 of said districts, and to do all other things for the government and 
 control of said districts as is herein provided for the organization and 
 control of school districts. Provided) That such County Boards of 
 Education shall have authority to establish two schools in any school 
 district in this State if they deem it best to do so. 
 
 SEC. 18. Be it further enacted, That whenever in the opinion 
 of the County Board of Education, the best interests of the school 
 demand, the Board of Education shall have the right to consolidate 
 two or more districts or parts of districts or to add any part of one 
 district to any other district or to change the line or lines of any 
 district at any time, when in their judgment, the best interests of the 
 schools require such change, into one school district with the purpose 
 of the election of the Board of Trustees and of the location of the school 
 at some central place as hereinbefore provided; but should as many 
 as ten of the patrons of the said school or schools object to the con- 
 
 18 
 
COUNTY BOARD OF EDUCATION. 
 
 solidation, it shall be the duty of the County Superintendent to call an 
 
 election to be held in said district or districts affected, giving thirty 
 
 (30) days notice of same by publishing the same once a week for four 
 
 weeks in the paper in which County advertisements are published, 
 
 and also by posting notice at three or more public places in the dis- Acts of 
 
 trict, or districts to be affected thereby, at which election should a *|^ ! 106 
 
 majority of the qualified voters vote for consolidation the schools shall 
 
 be consolidated; otherwise, not. The result of such election shall be 
 
 determined and declared by the Board of Education and the same shall 
 
 be held as other elections are held. 
 
 Transportation. 
 
 SEC. 19. Be it further enacted, That whenever the County Board 
 of Education deems it for the best interest of a school, it shall have 
 the right to provide means for the transportation of the pupils to and 
 from said school; provided, That no school is established in three miles 
 of the pupils to be transported; provided, further That this shall only 
 apply to school or schools where two or more districts have been com- 
 bined or consolidated and such other schools that are now furnishing 
 transportation. No school trustee, teacher or superintendent of county 
 schools shall be interested financially in the transportation of pupils. 
 
 TO ENABLE COUNTY BOARDS OF EDUCATION TO 
 BORROW MONEY. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia 
 and it is hereby enacted by the authority of the same, That from and 191*0, Ol 
 after the passage of this Act, the County Boards of Education of the page 77 ' 
 several counties of this State shall have the power and authority when- 
 ever they deem it necessary to borrow a sufficient amount of money, 
 and no more, to pay the salaries of the teachers in the public schools 
 of their counties; provided, however, That no Board of Education shall 
 have the right to borrow money to pay the salaries of the public school 
 teachers of said county, for any time except the current school year in 
 which it is so borrowed. Provided, That no Board of Education shall 
 have authority under this Act to borrow a sum of money greater in 
 the aggregate than the sum to which the county may be entitled from 
 the public school fund. 
 
 19 
 
Acts of 
 1910, 
 page 77. 
 
 Acts of 
 1910, 
 page 77. 
 
 Acts of 
 1910, 
 page 78. 
 
 Acts of 
 1910, 
 page 78. 
 
 Acts of 
 1910, 
 page 78. 
 
 Acts of 
 1910, 
 page 78. 
 
 COUNTY BOARD OF EDUCATION. 
 
 SEC. 2. Be it further enacted that in order for any Board of Edu- 
 cation to borrow money for the purpose hereinbefore stated there shall 
 be passed by said Board a resolution authorizing said money to be 
 borrowed in which resolution it shall be stated the amount of money to 
 be borrowed, the length of time the same is to be used, the rate of 
 interest to be paid and for what purpose borrowed and from whom 
 the same is to be borrowed, which resolution shall be by the County 
 School Commissioner recorded on the minutes of the meetings of said 
 Board of Education. 
 
 SEC. 3. Be it further enacted That no money shall be borrowed 
 for any longer time than is necessary and the same shall be paid back 
 out of any funds coming into the hands of the County School Com- 
 missioner that can be legally applied to the payment of the same. 
 
 SEC. 4. Be it further enacted, That said Board of Education so 
 borrowing money shall borrow the same at as low a rate of interest 
 as possible and they are authorized to pay the interest on said money 
 out of the public school fund for said county. 
 
 SEC. 5. Be it further enacted, That at the spring term of the 
 Superior Court of each county in this State where money has been 
 borrowed by the Board of Education under the provisions of this 
 Act the County School Commissioner, shall include in his report to 
 the grand jury the amount of money so borrowed during the preceding 
 year, from whom borrowed, the rate of interest paid, the date or dates 
 the same was borrowed and when paid back. 
 
 SEC. 6. Be it further enacted, That after the resolution aforesaid 
 has been passed by any Board of Education the President of the Board 
 of Education together with the County School Commissioner shall have 
 the right to execute a note or notes in the name of the Board of 
 Education of said county for any money that is authorized to be 
 borrowed, under the resolution passed by said Board of Education. 
 
 SEC. 7. Be it further enacted, That when any money shall be 
 borrowed under the provisions of this Act the same shall be paid over 
 to the County School Commissioner and become a part of the public 
 school fund of said county and the same shall be by the County School 
 Commissioner paid out to the teachers of said county and the County 
 School Commissioner shall be responsible for any money borrowed 
 under authority of this Act and paid into his hands in the same way 
 and to the same extent that he is responsible for any other public school 
 funds coming into his hands. 
 
 Note. Most counties are now receiving funds monthly under the pro- 
 visions of the Walker Bill. 
 
 20 
 
COUNTY SUPERINTENDENT OF SCHOOLS. 
 
 IV. 
 COUNTY SUPERINTENDENT OF SCHOOLS. 
 
 Election qualification duties. 
 
 SECTION 1. Be it further enacted, That the office of County Sup- 
 erintendent of Education shall be substituted for the office of County 
 School Commissioner; provided, That the persons now holding the A C*S of 
 office of County School Commissioner shall continue to serve as page 101. 
 County Superintendent of Schools during the remainder of the term 
 for which they were elected respectively. In the regular election for 
 State-house officers prior to the expiration of the present term of 
 office of the county School Commissioner, there shall be elected by 
 the qualified voters of each county in this State a County Superinten- 
 dent of Schools, whose terms of office shall be for four years; and 
 every four years thereafter there shall be an election for the purpose of 
 filling such office. The duties of the County Superintendent of Schools 
 shall be the same as those of the County School Commissioner, except 
 as hereinafter changed. It shall be his duty to enforce all regulations, 
 rules, and instructions of the State Superintendent of Schools and of 
 the County Board of Education according to the laws of the State 
 and the rules and regulations made by the said State Board of Educa- 
 tion that are not in conflict with the State laws; and he shall, together 
 with the State Supervisors hereinbefore provided for, superintend the 
 county normals and institutes for the teachers of his county, and shall 
 visit every school, both white and colored, within his school district 
 which receives State aid, at least once every sixty (60) days and 
 familiarize himself with the studies taught in said schools, see what 
 advancement is being made by the pupils, advise with the teachers and 
 otherwise aid and assist in the advancement of education. 
 
 Note. The County Superintendent of Schools must give bond with 
 good security (surety company preferred) payable to the County Board 
 of Education, the amount to be decided by the County Board of Educa- 
 tion. (See Acts of 1887, page 74.) This bond should be filed with the 
 Ordinary and recorded by him. 
 
 SEC. 2. He shall superintend examinations of all teachers of 
 his county as provided by law. He shall hereafter suspend any teacher Acts of 
 under his supervision for a non-performance of duty, incompeteney, page 102. 
 
 21 
 
COUNTY SUPERINTENDENT OF SCHOOLS. 
 
 Acts of 
 1911, 
 page 102. 
 
 Acts of 
 1911. 
 
 page 103. 
 
 immorality or inefficiency, and for other good and sufficient cause, from 
 which decision the teacher may appeal to the County Board of Educa- 
 tion, and either being dissatisfied with their decision, they can appeal 
 to the State Superintendent or from there to the State Board of Educa- 
 tion, the decision of which shall be final. 
 
 SEC. 3. Before any person shall be qualified or eligible to the 
 office of County Superintendent of Schools, he shall have had at least 
 three years' practical experience in teaching, one year of which shall 
 have been in the schools of Georgia, hold a first grade license, or in 
 lieu thereof shall have a diploma from a reputable college or normal 
 school, or shall have had five years' experience in the actual supervision 
 of schools or stand an approved examination before the State Board 
 as to his qualifications, and be a resident of the county in which he 
 offers for election, be a person of good moral character, never con- 
 victed of any crime involving moral turpitude. The County Superin- 
 tendent shall perform all the clerical duties which are now required 
 of the County School Commissioner. 
 
 SEC. 4. Be it further enacted, that each County School Superin- 
 tendent within the State of Georgia shall receive a minimum salary of 
 $450.00 per annum, and an annual allowance of $150.00 for the pur- 
 pose of defraying the expenses of visiting the schools within his county 
 at least every sixty (60) days, or a total of $600.00, which salary shall 
 be paid out of the school funds of Georgia monthly; and in addition 
 thereto, the county Board of Education shall allow such additional 
 compensation for the services to be rendered as may be in their judg- 
 ment proper and just. 
 
 Acts of 
 
 1887, 
 page 75. 
 
 Oath. 
 
 SEC. 5. Before entering upon the discharge of his official duties 
 the said Commissioner shall take and subscribe to the same oath re- 
 quired of the other officers of this State. 
 
 Acts of 
 
 1887, 
 page 76. 
 
 Removal from office successor. 
 
 SEC. 6. The County School Commissioner may be removed from 
 office before the expiration of his term by a majority vote of the Board 
 of Education for inefficiency, incapacity, neglect of duty, or malfea- 
 sance or corruption in office; provided, that any Commissioner so re- 
 moved shall have the right of appeal from the action of the County 
 Board to the State School Commissioner, and from the State School 
 Commissioner to the State Board of Education. 
 
 22 
 
COUNTY SUPERINTENDENT OF SCHOOLS. 
 Duties compensation office compensation in special cases. 
 
 SEC. 7. That the County Commissioner shall constitute the medium 
 of communication between the State School Commissioner and the 
 subordinate school officers; that he shall visit each school in his county Acts of 
 at least once during the school term, or twice if practicable, and oftenei page 77. 
 if ordered by the Board, and without notice to the teachers, for the 
 purpose of inspecting its management and the mode of instruction, 
 and of giving such advice and making such suggestions as shall tend 
 to elevate it in character and efficiency. He shall be the agent of the 
 County Board in procuring such school furniture, apparatus, and 
 educational requisites as they may order to be purchased, and shall 
 see that none but the prescribed text-books are used by the pupils; 
 that it shall be his duty to audit all accounts of teachers and others 
 before an application is made to the County Board for an order for 
 payment, and that the said County Commissioner shall procure a book, 
 in which he shall keep a record of his official acts, which, together 
 with all the books, papers and property appertaining to his office, he 
 shall turn over, on his resignation, or at the expiration of his official 
 term, to his successor. 
 
 Seal upon licenses. 
 
 SEC. 8. It shall be the duty of every County School Commissioner 
 in this State to place upon all teachers' licenses issued by them the seal A 8 C g7 p Ol 
 of the Board of Education of the county for which they are commis- page 92 - 
 sioner. 
 
 SEC. 9. That it shall be the duty of the county authorities of the 
 different counties of this State to furnish the County School Commis- Ol 
 
 sioners thereof an office in the court-house thereof; provided, there is page 63> 
 sufficient room in said court-house after furnishing the county officers 
 of such county with offices as now provided by law. 
 
 School officers authorized to administer oaths. 
 
 SEC. 10. That County School Commissioners and members of the 
 County Boards of Education shall be empowered and authorized to IBS?, Ol 
 administer such oaths as may be necessary in transacting school busi- page 81 - 
 ness or in conducting investigations before the County Board when 
 sitting as judicial tribunals for determining controversies arising under 
 school laws. 
 
 Report to grand jury duty of grand jury in matter of report. 
 
 SEC. 11. That it shall be the duty of the County School Commis- Acts of 
 sioner of each of the counties of this State to make a report of the p||e' 81 
 
COUNTY SUPERINTENDENT OF SCHOOLS. 
 
 school operations of the preceding year to the grand jury, at the 
 spring term of the court, and to place his books before them for ex- 
 amination; and in making up the general presentments it shall be the 
 duty of the jury to take proper notice of the matters thus brought to 
 their attention. 
 
 FILL UNEXPIRED TERMS OF COUNTY SCHOOL COMMISSIONER. 
 
 Acts of 
 1910, 
 page 76. 
 
 SEC. 12. Be it enacted by the General Assembly of the State 
 of Georgia and it is hereby enacted by authority of the same, that 
 Section 4 of said Act be amended by striking from Section 4 all the 
 words thereof after the word "term" in the seventh line and sub- 
 stituting the words "and in such case the provisions of Section 2 hereof 
 shall not apply, so that said Section as amended will read as follows: 
 Section 4. Be it further enacted by the authority aforesaid, That in 
 case of a vacancy caused by death, resignation, removal from office or 
 from any cause whatsoever in the office of County School Commis- 
 sioner in any county of this State, the County Board of Education 
 shall elect a County School Commissioner for the unexpired term, and 
 in such case the provisions of Section 2 hereof shall not apply." 
 
 UNIFORM TERMS FOR COUNTY SUPERINTENDENTS. 
 
 Acts of 
 1912, 
 page 180. 
 
 Acts of 
 1912, 
 page 180. 
 
 SECTION 1. Be it enacted by the General Assembly of the State 
 of Georgia and it is hereby enacted by authority of the same, that the 
 term of office of County Superintendent of Schools in each and every 
 county of the State of Georgia shall begin with the first day of January 
 1913, and terminate with the first day of January, 1917, and that the 
 said County Superintendent of Schools shall be elected for a term of 
 four years as now provided by law at the same time and places as 
 State and county officers. 
 
 SEC. 2. Be it further enacted that the term of office of all County 
 Superintendents of Schools beginning during the year 1912, shall con- 
 tinue until the first day of January, 1917, or until their successors are- 
 elected and qualified as is now provided by law. 
 
 24 
 
FINANCIAL. 
 
 V. 
 FINANCIAL. 
 
 Amended 
 Acts of 
 1894, 
 page 60. 
 
 Itemized Statements of claims against school fund prompt 
 disbursement. 
 
 SECTION 1. That the County School Commissioner of each county 
 shall, under the approval of the County Board of Education, trans- 
 mit to the State School Commissioner an itemized statement of the 
 various sums due and unpaid by the county Board of Education on 
 said several dates mentioned in Section 2, whether the same be for 
 teachers' salaries, for pay of the County School Commissioner, or for any 
 other item of expense properly chargeable under the law to the County 
 Board of Education, and when said itemized statements have been ap- 
 proved by the State School Commissioner and presented to the Gov- 
 ernor, the Governor shall issue his warrants upon the Treasurer for 
 all the funds standing to the credit of each of the several counties upon 
 the books of the Treasurer, or for such part thereof as may be needed 
 to liquidate the indebtedness to the County Board of Education of 
 such county, as shown by each itemized statement aforesaid. And the 
 State Treasurer shall, upon the presentation of the warrants afore- , 
 said, draw his checks for the amount of said warrants in favor of 
 the County School Commissioners of the several counties, and the 
 State School Commissioner shall immediately transmit said checks to 
 the several County School Commissioners, who shall promptly disburse 
 the money so received in payment of the sums set out in the itemized 
 statement aforesaid; and if the money is not sufficient to pay said sums 
 in full, then it shall be prorated among the various items; provided, 
 that the expenses of administration for each month shall first be paid 
 in full, and the County Boards of Education are hereby authorized to 
 make their contracts in such manner that the amounts payable to 
 teachers for services rendered shall become due and payable monthly. 
 
 School year begins January 1st operation of schools. 
 
 SEC. 2. That beginning with January 1st, 1895, and continuing Amended 
 
 thereafter, the school year shall be coincident with the calendar year, Acts of 
 
 to-wit: from January 1st to December 31st thereafter, and the State pa ge si. 
 School Commissioner, State Treasurer, and Comptroller-General shall, 
 
 25 
 
FINANCIAL. 
 
 on or before the first Tuesday in December each year beginning in 
 1894, or as soon thereafter as practicable, make an estimate of the 
 entire common school fund for the State for the next succeeding school 
 year, and shall at once communicate in writing to the County School 
 Commissioner of each county the amount of money that will be pay- 
 able to his county; and on the first Tuesday in January in each year, 
 or as soon thereafter as practicable, each County Board of Education 
 shall meet and make the necessary arrangements for placing the schools 
 in operation for the next school year, and shall have full authority in 
 their discretion either to fix salaries for the payment of teachers, or 
 to pay them according to the enrollment or attendance; provided, that 
 1898, f nothing in this Act shall be construed to affect the right of the re- 
 
 page 71. spective counties of the State to select the time of operating their 
 schools, which shall be left entirely to the County Boards of Educa- 
 tion, nor shall it affect or change the time of operating their schools 
 under any special or local laws in any county in this State; provided 
 further, it shall not affect the monthly payment of teachers as by 
 this Act directed. 
 
 Payments to local school systems. 
 
 SEC. 3. That in those counties having local school laws where the 
 Acts of schools are sustained by local taxation for a period of five months or 
 
 1894, more, the State School Commissioner shall, on the first day of each 
 
 DLTG fl2 
 
 month, or as soon thereafter as practicable, notify the Governor of the 
 amount of funds standing to the credit of each of such counties on the 
 books of the Treasurer on said dates, and thereupon the Governor shall 
 issue his warrants for said sums and the Treasurer shall draw his 
 checks for said sums without requiring the itemized statements as pro- 
 vided in Section 33; and the State School Commissioner shall im- 
 mediately transmit said checks to the officer under the local school 
 system authorized to receive its funds, and the State School Commis- 
 sioner shall in like manner, pay over to the proper officer under the 
 school board of any town or city having a school system sustained by 
 local taxation for a period of five months or more, and to which he 
 is now authorized by law to make direct apportionments, such propor- 
 tion of the entire county fund as shown on the books of the Treasurer 
 as the school population of the town or city bears to the population of 
 the county, as shown by the last school census; provided, that all chil- 
 dren of school age resident in said county, and attending the public 
 schools of such town or city, shall be counted in the school population 
 of such town or city and be entitled to have their share of such 
 county fund paid over to the proper officers of the school board of 
 such town or city. 
 
 26 
 
FINANCIAL. 
 
 1887, 
 page 79. 
 
 Relief of forfeiture of school fund unused balances. 
 
 SEC. 4. That whenever a County Board of Education, or Board of 
 Education of any city, shall hereafter fail in any year to make arrange- Acts of 
 ments to put schools in operation, said county or city, as the case may 
 be, shall forfeit all right to participation in the school fund of that year, 
 unless the failure to arrange for schools was from Providential cause, 
 or other good and sufficient reason, the sufficiency of the reason to be 
 judged of by the State Board of Education. That in all cases where 
 any of the counties of this State have heretofore or may hereafter Acts of 
 leave unused in the State Treasury any part of the public school fund 
 to which they are entitled under the law, such fund shall be kept 
 separate and applied to the use and benefit of the respective counties 
 entitled to the same. 
 
 1903, 
 page 65. 
 
 Failure to put schools in operation. 
 
 SEC. 5. That any county or city, which has failed to put schools 
 in operation in any past year, and has never received its pro rata Acts of 
 part of the State School Fund for that year, shall still be entitled to pa ge 79. 
 receive through the properly constituted authorities of the county or 
 <jity that pro rata; provided, that the County School Commission of 
 such county shall receive no compensation from the school fund of said 
 county for such year, except for services rendered in taking the 
 enumeration of the school population. 
 
 SEC. 6. Such unused funds may be used by the respective boards 
 of education of the counties entitled to the same for school purposes 
 in their respective counties, and may be drawn on for such purpose as 
 is now provided by law. 
 
 NOTE. If any public officer of any county in this State shall buy up 
 at a discount, or in any manner speculate in what are known as "county 
 orders" or in "jury scrip," or any order or scrip which is to be paid 
 out of any public fund of this State or of any county in this State, he 
 shall be punished as for a misdemeanor and shall be removed from office. 
 (Code 1895, Vol. IH, Sec. 277.) 
 
 Sources of School Fund. 
 
 NOTE. The Acts of 1887, which specified certain sources of the school 
 fund such as poll tax, liquor tax, half the rental of the W. & A. Bail- 
 road, etc., have been changed in order to make the school fund a defi- 
 nite sum each year, no matter what may be the amounts received from 
 the sources mentioned. For 1916 the amount is $2.700,000. 
 
FINANCIAL. 
 
 PROMPT PAYMENT OF TEACHERS. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia, and 
 it is hereby enacted by authority of the same, That, for the purpose of 
 page 56. anticipating collection of the taxes of the current year, the Governor 
 shall be, and he is hereby authorized, to draw his warrant, at the end 
 of each and every month during the current year, in favor of the State 
 School Superintendent or of the several county school superintendents 
 and treasurers of local school systems, in the discretion of the State 
 Board of Education, for such amount or amounts as are then due the 
 teachers. Said warrants shall be drawn on the funds appropriated 
 by the Legislature for the current year, and shall not exceed in the 
 aggregate amount the appropriation for the public schools so made for 
 that year. The honor of the State is hereby pledged to the payment 
 thereof. 
 
 SEC. 2. Be it further enacted by the authority aforesaid, That it 
 shall be lawful to sell at a discount said warrants to any person, bank, 
 or banking institution, the said sale to be made at the lowest possible 
 rate of discount. 
 
 SEC. 3. Be it further enacted by the authority aforesaid, That all 
 laws or parts of laws in conflict with this Act be and the same are 
 hereby repealed. 
 
 28 
 
COUNTY INSTITUTES. 
 
 VI. 
 COUNTY INSTITUTES. 
 
 Subjects held by County School Commissioners prepared by 
 State School Commissioner special examinations. 
 
 SECTION 1. An Act authorizing the State School Commissioner to 
 organize and establish in each county in Georgia a Teachers' County 
 Institute for the assembling and instruction of the common school 
 teachers of each county in the State, said institute to hold an annual 
 session of one week's duration in each county of Georgia in the period 
 of June, July and August, or in such other month as the State School 
 Commissioner may deem best and expedient; provided, however, that 
 the State School Commissioner may, in his discretion, combine the an- 
 nual session of said institutes or any number of them, so that the same 
 may be held in any county designated by him; to prepare a program 
 of exercises, with a syllabus of each subject named in said program, 
 for each day's session of said institute ; to require County School Com- 
 missioners to operate at their regular per diem, said institute sessions 
 under such general rules and regulations as he may deem best; to 
 require all persons, white and colored, teaching in Georgia, or having 
 licenses entitling them to teach in the State, provided that those not 
 teaching have not permanently retired from teaching; to attend all 
 sessions of said institutes held in the county of their residence, and 
 perform all duties required of them as members of said institutes, un- 
 less providentially prevented; to secure a prompt attendance of the 
 teachers upon the exercises of said institutes by causing the County 
 School Commissioners and County Boards of Education to collect such 
 fines from absentees as may be deemed just and reasonable by said 
 Commissioners and Boards; provided, that no teacher shall be fined till 
 he or she has stated the cause of his or her absence in writing, to said 
 Commissioners and Boards, and they have duly considered the same; 
 provided further, that all money thus collected shall be used in pur- 
 chasing teachers' libraries for the counties in which said fines may be 
 collected; to provide separate institutes for the white and the colored; 
 to pay from the educational fund of each county an amount not to 
 exceed twenty-five dollars per annum for the purpose of securing the 
 services of an expert in conducting the week's session of the institute 
 
 29 
 
 Acts of 
 1890, 
 page 120. 
 
 Amended 
 Acts of 
 1892, 
 page 86. 
 
 Amended 
 Acts of 
 1893, 
 page 81. 
 
COUNTY INSTITUTES. 
 
 of said county, which expert shall be chosen by the County School 
 Commissioner and the County Board of Education, which expert shall 
 assist in conducting the exercises of each annual week's session of said 
 institute in the county where he is thus employed; to cause all sessions 
 of said institutes to be held at county seats, or such other places as 
 may be selected by the County School Commissioner, and allow all 
 persons so desiring to attend the sessions of said institutes; provided, 
 that all visitors shall be subject to the rules and regulations of said 
 institutes while attending the exercises of the same; and to prescribe 
 from time to time such other rules and regulations as he and the 
 County School Commissioners may deem best for successfully operat- 
 ing said institute. 
 
 SUPERVISORS. 
 
 The State Superintendent of Schools shall have power, with the 
 consent and approval of the State Board of Education to appoint 
 three State School Supervisors, whose professional qualifications shall 
 be the same as State Superintendent's who shall act under the direction 
 of the State Superintendent of Schools and fill the place of the experts 
 Acts of provided for in the Acts of 1891, which were amended in 1892 and 
 
 1911 
 
 page 99. 1893. The salaries paid these Supervisors shall be fixed by the State 
 Board of Education and shall not exceed Two Thousand Dollars each 
 per annum, together with necessary traveling expenses; provided, The 
 same shall not exceed $2,000 dollars. The Supervisors shall keep 
 itemized statements of their expenses, which shall be sworn to monthly 
 and approved by the State Superintendent of Schools and be paid 
 out of the State Treasury. It shall be especially the duty of these 
 Supervisors to act as instructors of institutes to give State normal 
 instruction and training as the State Superintendent may direct in each 
 county; to grade the papers of applicants for professional certificates 
 or State licenses and to aid generally in supervising, systematizing and 
 improving the schools of the State under the direction of the State 
 Superintendent of Schools. 
 
 30 
 
EXAMINATION OF TEACHERS. 
 
 VII. 
 
 EXAMINATION AND CERTIFICATION OF TEACHERS. 
 
 
 ' 
 
 SECTION 1. That the County Commissioners shall examine all ap- 
 plicants for licenses to teach in their respective counties, giving 
 previous public notice of the day upon which the examinations are to 
 take place and said Commissioners shall be allowed to invite such per- Acts of 
 sons as they may think proper to assist in these examinations. Ap- 
 plicants for license to teach in the common schools shall be examined 
 upon orthography, reading, writing, English grammar, geography, 
 arithmetic, and the science and practice of teaching in common schools. 
 No license shall be granted any person to teach in the public schools, 
 receiving money from the State, after the first Monday in January, 
 1903, who has not passed a satisfactory examination in physiology and 
 hygiene (physiology, which shall include with other hygiene, the 
 nature and effect of alcoholic drinks with other narcotics upon the 
 human system). Said examinations shall be held throughout the State 
 on a day or days to be fixed by the State School Commissioner, and on 1901, 
 questions prepared and sent out by him to the County School Com- 
 missioners. The State School Commissioner shall also prepare and 
 supply the County School Commissioners with printed instructions 
 as to the grading of applicants on and by a uniform grade, and shall 
 fix the lowest standard for each class of licenses. 
 
 No applicant for teachers' licenses shall be examined on any other day 
 than the one designated as above described except in cases where the 
 County Board of Education shall order a special examination; no 
 special examination shall be ordered by said Board except for good 
 and sufficient reasons and to meet some special emergency. In such 
 cases the questions shall be prepared by the County School Commis- 
 sioner, or by some competent person under his authority, and their 
 contents shall not be made known to the applicant or applicants until 
 the examination actually commences; said examination shall be con- 
 ducted under the same rules and regulations as are provided by law 
 for other examinations, but the licenses granted shall be valid only 
 until the next examination ordered by the State School Commissioner, 
 and it shall not be lawful for the County School Commissioner of 
 any county, other than that in which said special examination is held, 
 to endorse a license granted thereunder. The County Board of Edu- 
 
 31 
 
EXAMINATION OF TEACHERS. 
 
 Acts of 
 1887, 
 page 76. 
 
 Acts of 
 1899, 
 page 61. 
 
 Acts of 
 1887, 
 page 78. 
 
 cation shall have power, if they deem best, to employ teachers at a 
 salary. 
 
 SEC. 2. It shall be the duty of the County School Commissioners 
 after thorough examination of the papers submitted by applicants for 
 licenses as teachers, upon the examination conducted as prescribed in 
 the preceding Section, to grade the applicants according to the instruc- 
 tions furnished them by the State School Commissioner, submitting his 
 report and recommendations thereon in writing to the County Board 
 of Education, who shall grant to the applicants licenses of the first, 
 second or third grade, to be determined by the qualifications exhibited 
 and the standard attained ; provided, they shall attain at least the lowest 
 grade-mark fixed by the State School Commissioners for each grade; 
 and provided, further, That each applicant submits with his 
 or her examination paper satisfactory evidence in writing of good moral 
 character. A license of the first grade shall continue in force for three 
 years, a license of the second grade for two years, and a license for the 
 third grade for one year, which said licenses shall entitle teachers 
 holding them to be employed for and during the period of their licenses 
 in any of the common schools of the county where issued. Licenses, 
 to be good in another county than the one in and for which they are 
 issued, must be endorsed by the County School Commissioner of the 
 county in which the applicant desires to teach. 
 
 SEC. 3. All students or graduates of any school, college or other 
 institution of learning shall be required to stand an examination as 
 now prescribed by the general common school laws of this State be- 
 fore the County School Commissioner of each county in this State in 
 which they desire to teach, and get a license from the County School 
 Commissioner before being permitted to teach in the common or public 
 schools of such county; provided, that nothing herein contained shall 
 be construed to invalidate any license to teach in the schools in this 
 State now held by any person. 
 
 And all laws and parts of laws authorizing and entitling any 
 student or graduate of any school, college or other institution of learn- 
 ing, to teach in the common or public schools of this State on the certi- 
 ficate or diploma from any school, college or other institution of 
 learning or the officers thereof, be, and the same are hereby repealed. 
 
 Revoking of Licenses appeal forgery in License a felony. 
 
 SEC. 4. That the County Commissioner shall have power, and it 
 shall be his duty, to revoke licenses granted by him, or his predecessors, 
 for incompetency, immorality, cruelty to pupils, or neglect of his duties, 
 and the revocation of the licenses of any teacher shall terminate the 
 
 32 
 
EXAMINATION OF TEACHERS. 
 
 connection of said teacher with any school which he may have been 
 employed to teach; but any teacher so dismissed shall have the right 
 to appeal to the County Board of Education whose decision shall be 
 final. 
 
 SEC. 5. Whoever, with intent to defraud the State or any county, 
 town or city, or any person, shall falsely and fraudulently make, forge, 
 alter or counterfeit, or cause to procure to be falsely and fraudulently 
 made, forged, altered or counterfeited, or willingly aid or assist in 
 falsely and fraudulently making, forging, altering or counterfeiting any ^ ^ 
 certificate or license issued by any County School Commissioner of this 1900, 
 State, or the executive officer of any local school board to a teacher, pase 69> 
 shall be deemed guilty of a felony, and upon conviction therefor, shall 
 be punished as prescribed by Section 233 of the Penal Code. 
 
 SEC. 6. Be it further enacted, That it is not the intention of this 
 Act to repeal or interfere with the laws which have been enacted estab- 
 lishing local tax district schools, municipal schools, or other schools 
 already established by law, except that no person shall be allowed to Acts of 
 teach in any school in the State of Georgia receiving State aid without page ' jog. 
 first standing an examination and procuring a license as provided by 
 the State Board of Education and State Superintendent; provided, They 
 are hereby authorized and directed to prescribe and require a different 
 examination of teachers who are engaged in teaching primary grades 
 only from that required of teachers of higher grades; provided, never- 
 theless, That the State Board of Education may, when the authorities 
 in charge of any local municipal schools are maintaining a sufficiently 
 high standard of examinations for its teachers, delegate to the authori- 
 ties of these systems the right to license teachers to teach in their res- 
 pective systems, upon examinations to be provided by the local authori- 
 ties, reserving, however, to the State Board of Education the right to re- 
 voke this delegation of authority as to any local system whenever it ap- 
 pears that the authorities of that system have relaxed the standard or 
 failed to give examination. Nothing herein contained shall be con- 
 strued as affecting the right of the authorities of local municipal sys- 
 tems to prescribe the courses of study therein, or select text-books, in 
 those schools where they are now allowed to do so by law. 
 
 Supplemental contracts. 
 
 SEC. 7. That whenever the Board of Education of any county within 
 the State shall have entered into a contract with a teacher to teach a 
 common school in any subdistrict within its jurisdiction in accordance Acts of 
 with this Act. it shall be lawful for said teacher to enter into a supple- g2. 87> pase 
 
 33 
 
EXAMINATION OF TEACHERS. 
 
 mental contract with the patrons of said school to teach a private ele- 
 mentary school in connection with said common school, and to em- 
 brace the period allowed by law for the said public term ; provided, that 
 the contracting with teachers under the provisions of this Act shall be 
 left to the discretion of the several County Boards of Education. 
 
 SEC. 8. That upon said private supplemental contract being exam- 
 ined and approved by the Board of Education of the county in which 
 said school is located, it shall be the duty of said teacher to enter, as pu- 
 Acts of pils in said private schools, all scholars of common school age (regard 
 
 82. '' P being had to separate schools as now required by law) who may enter 
 
 said school at any time within the term or scholastic year of said priv- 
 ate school. It shall be the duty of said teacher to keep an accu- 
 rate account of the number of such pupils and the number of 
 days actually attended by each pupil, and when said priv- 
 ate schools shall have closed, said teacher may make out an account 
 against the County Board of Education for the full number of days 
 each of said pupils may have attended said schools, not to exceed the 
 whole number of days now or hereafter to be prescribed by law; pro- 
 vided, that nothing in this Act shall be so construed as to prevent any 
 common school scholar from entering said school as pupil, if the par- 
 ent or guardian of said pupil shall elect to enter him or her for the 
 period of the public term, and upon the merits of the common school 
 fund only. That no teacher shall be contracted with under the pro- 
 visions of this Act until he or she has been duly licensed as a common 
 school teacher; that every teacher contracted with under the provisions 
 of this Act shall be required to make the same reports and returns to- 
 the County School Commissioners as are now required of teachers of 
 common schools in this State, and until said private schools have been 
 taught according to contract, and said reports and returns are so made, 
 it shall not be lawful for the Board of Education to pay him or her 
 for such services as such teacher. 
 
 REGULATIONS OF THE STATE BOARD OF EDUCATION WITH 
 REGARD TO THE CERTIFICATES OF TEACHERS. 
 
 In compliance with the law of 1911, the State Board of Education 
 provides a system of certification for the teachers of the public schools. 
 
 I. LICENSE BY EXAMINATION ONLY. 
 
 (Issued by Local Educational Authorities.) 
 1. Primary. 
 
 The Primary license is intended for those teachers doing the work 
 of the first four classes. There are three grades 1, 2, 3, for those 
 
 34 
 
EXAMINATION OF TEACHERS. 
 
 averaging above 90 per cent, 75 per cent, and 50 per cent, respectively. 
 A license of 1st grade shall be valid for three years, of 2d grade for 
 two years, and of 3d grade for one year. The Primary examination 
 is based on the following subjects: Reading, Writing, Spelling, Arith- 
 metic (fro percentage), Language Lessons and Composition, Elementary 
 Geography and the new Manual of Methods. 
 
 2. General Elementary. 
 
 In addition to the questions for the teachers engaged in primary 
 work, applicants for the General Elementary license are required to 
 take an examination upon the following subjects: Arithmetic, Grammar, 
 History (U. S.) and Civics, Geography, Physiology and Agriculture. 
 The grades, the respective averages for the same and the periods of 
 validity shall be the same as for the Primary license. 
 
 Those teachers who attain first grade either Primary or General 
 Elementary, may renew their licenses on condition of three years' suc- 
 cessful experience in teaching and the completion of the reading course. 
 ( See "Conditions Governing Renewals.") 
 
 Note. The reading course 1 for 1916 consists of Cubberley's Eural Life 
 and Education, Colgrove 's The Teacher and the School, and the Manual of 
 Methods. 
 
 3. High School and Supervisory. 
 
 In addition to the above, provision is made for license to teach in 
 a high school through a satisfactory examination passed on any three of 
 the following groups, the three selected to include the subjects the holder 
 of the license is permitted to teach: 
 
 (1) Mathematics: Arithmetic; Algebra, through quadratics; Plane 
 Geometry. 
 
 (2) English: Grammar; Composition and Rhetoric; English and 
 American Literature. 
 
 (3) Science: Agriculture; Physics; Biology (Elementary Physiology, 
 Botany, Zoology). 
 
 (4) Languages: Latin, French, German, Spanish, Greek. Take any 
 two. 
 
 (5) History: Ancient, Modern, English. 
 
 In addition to these three groups elected from the above the ex- 
 amination must include school management and methods of teaching 
 high school subjects. 
 
 Note. The questions on school management and methods for 1916 will 
 be based upon the Manual of Methods, Cubberley's Eural Life and Educa- 
 tion, and Hollister's High School Administration. 
 
 35 
 
EXAMINATION OF TEACHERS. 
 
 The examination for these certificates will be held at the same times 
 and places as those for General Elementary license, the questions to be 
 prepared and sent to the county or local -superintendents who will con- 
 duct the examinations and issue licenses as in the case of General Ele- 
 mentary licenses. 
 
 An average of 90 per cent on all subjects shall entitle the candidate 
 to a license of first grade valid for three years; an average of 75 per 
 cent., to a license of second grade valid for two years; and an average 
 of 50 per cent., to a license of third grade valid for one year. A 
 license of first grade may be renewed for periods of three years upon 
 satisfactory evidence of three years of teaching and upon the comple- 
 tion of the prescribed reading course. (See Conditions Governing 
 Renewals.) 
 
 Special Examinations. 
 
 At any time Boards of Education have the right to authorize sup- 
 erintendents to give special examinations in cases of emergency 
 through which teachers can obtain a temporary license good until the 
 next regular State test. 
 
 II. PROFESSIONAL LICENSE. 
 
 (Issued from State Department of Education.) 
 In addition to the above, the following State Professional Certifi- 
 cates are provided, the same to be granted on examination directed by 
 the State Board of Education. 
 
 4. Professional Normal Certificates. 
 
 (a) A graduate of an approved Normal School of the State of 
 Georgia, the prescribed curriculum of which is the equivalent of at 
 least 14 high school units and the course completed by the graduate to 
 include psychology, general and educational, the equivalent of 3 hours 
 a week throughout a scholastic year; methods, management and school 
 hygiene, the equivalent of 3 hours a week throughout the year; history 
 of education, the equivalent of 3 hours a week for one-half the year; 
 and observation and teaching, the equivalent of 3 hours a week for 
 one-half the year; and who qualifies through examination, as directed 
 by the State Board of Education, shall be eligible for a Professional 
 Normal Certificate. 
 
 Examinations for these certificates may be conducted at the said 
 Normal School as ordered by the State Board of Education, and to 
 be supervised in whole or in part by 'a State Supervisor of Schools or 
 other examiner as designated by the State Superintendent of Schools 
 
 36 
 
EXAMINATION OF TEACHERS. 
 
 for each of said Normal Schools, and a certificate granted thereon 
 shall be valid for three years and capable of renewal there- 
 after for an indefinite period of active participation in teaching or 
 supervision, subject to regulations of said Board as to attendance upon 
 Summer Schools, Normal Schools, or Colleges, or other regulations for 
 the professional growth of the holder. (See also Normal Certificates 
 "A".) 
 
 The general plan for granting these certificates will be as follows: 
 
 At suitable times as directed by the State Superintendent, the de- 
 signated supervisor shall attend the session of the Normal School when 
 examinations are in progress, examine the questions prepared for these 
 examinations, add to the same at his pleasure, scrutinize the grading of 
 any or all the papers of applicants, investigate their records in the 
 school, and recommend the worthy ones to the State Department of 
 Education for the certificates in question. 
 
 Provided, that any graduate of a Normal School now holding a 
 diploma covering above conditions and holding also a first grade General 
 Elementary license, may have this license renewed for three years as a 
 Professional Normal Certificate, and thereafter indefinitely as above 
 described and in accordance with the regulations for such renewals. 
 
 (b) A graduate of the University Summer School of the State shall 
 be eligible for a Professional Normal Certificate, the same to be 
 granted after a plan similar to that provided above for such a certifi- 
 cate. This will be valid for three years in schools coming under the di- 
 rection of said Board, and renewable as provided for Professional 
 Normal Certificates. 
 
 5. Professional College Certificates. 
 
 (1) College Certificates. 
 
 (a) A graduate having received a bachelor's degree from an ap- 
 proved College of this State and whose courses taken include three 
 courses in education preparatory to teaching, supervision, and admin- 
 istration, these courses to be the equivalent of at least 3 hours a week 
 each through a year, shall be eligible for a Professional College 
 Certificate, the same to be granted after a plan similar to that followed 
 for Professional Normal Certificates, and to be valid for three years 
 in any public school or system coming under the direction of said Board, 
 and renewable thereafter for an indefinite period of active participation 
 in teaching or supervision, subject to regulations of said Board for 
 the professional growth of the holder. 
 
 (b) A graduate of a College as before described, except that his 
 courses taken did not include three courses in education preparatory to 
 teaching, supervision and administration, may, upon passing an accep- 
 
 37 
 
EXAMINATION OF TEACHERS. 
 
 table examination upon the reading course prescribed for the renewal 
 of Secondary Certificates, be granted a Temporary Professional Certi- 
 ficate valid for one year and renewable for periods of one year. This 
 may be converted into a Professional College Certificate on com- 
 pletion of three such professional courses in Summer School, Normal 
 School, or College. 
 
 Note. Eenetwal examination for 1916 will be based upon the Manual 
 of Methods, Cubberley's Eural Life and Education, and Hollister's High 
 School Administration. 
 
 (c) A graduate having received a bachelor's degree from an ap- 
 proved College without this State may obtain a Professional College 
 Certificate by submitting to the proper authorities a satisfactory ex- 
 amination upon the history and geography of the State of Georgia, 
 provided the record shows completion of required courses in education ; 
 otherwise he may obtain a Temporary Professional Certificate by pass- 
 ing a satisfactory examination upon the history and geography of the 
 State of Georgia and the reading course for renewal of College 
 Certificates. 
 
 (2) Normal Certificates. 
 
 (a) If the courses completed by the graduate of an approved Nor- 
 mal School include, in addition to those prescribed under "A" of Pro- 
 fessional Normal Certificates, two full courses of college grade of 
 3 hours a week throughout the year for two years in each of two sub- 
 jects, the certificate granted shall be valid also for three years in high 
 school grades of schools coming under the direction of said Board and 
 renewable thereafter for three year periods. 
 
 (b) If the courses completed by the graduate of the University Sum- 
 mer School include four subjects of college grade, or acceptable courses 
 not previously included in the high school courses of the graduate, the 
 certificates granted shall be valid also for three years in high school 
 grades of schools coming under the direction of said Board and renew- 
 able for three year periods. 
 
 6. For Teachers Now in Service. 
 
 (a) A teacher now engaged in the work who has received a 
 bachelor's degree from an approved College, and who presents satis- 
 factory evidence of successful teaching for three years in this State, and 
 further satisfactory evidence of progress through attendance for at 
 least one session upon Summer School, Normal School, or College, may 
 obtain a Professional College Certificate upon the same basis as 
 provided for renewal of such certificates. 
 
 Note. Renewal examination for 1916 will be based upon the Manual 
 for Georgia Teachers, Cubberley's Rural Life and Education, and Hollis- 
 ter's High School Administration. 
 
 38 
 
EXAMINATION OF TEACHERS. 
 
 (b) A teacher now engaged in the work who is a graduate of an 
 approved institution of lower grade than a 14 unit College, and who 
 furnishes satisfactory evidence of successful teaching for three years 
 and of progress through attendance upon at least one session of Sum- 
 mer School, Xormal School, or College, may be granted a Professional 
 College Certificate upon the basis of the renewal of such a certificate, 
 this certificate to be valid for three years and renewable for periods of 
 three years. 
 
 7. Special Subject Certificates. 
 
 These certificates may be granted for three year periods to those 
 candidates who desire to teach a special subject only, technical in 
 character, and who have made special preparation for the work. The 
 certificate will entitle the holder to teach or to supervise the special sub- 
 ject. The applicant should have scholarship the equivalent of that for 
 graduation from an approved High School, and should have had train- 
 ing in the specialty and in science and art of teaching. The following 
 subjects are classed as special: Domestic Science and Art, Vocal 
 Music, Manual Training, Physical Education, Drawing, Kindergarten, 
 Commercial Branches, and Stenography. 
 
 8. Certificate from Other States. 
 
 A teacher holding a certificate granted in another State, this certifi- 
 cate the equivalent of a certificate granted in the State of Georgia, may 
 be granted the equivalent certificate, provided the teacher presents satis- 
 factory evidence of moral character and passes a satisfactory examina- 
 tion upon the history and geography of the State of Georgia. 
 
 Conditions Governing Renewals. 
 
 A progressive course of reading and study shall be prescribed each 
 year by the State Board of Education as a basis of renewal of certi- 
 ficates of each type or group renewable. Renewals may be obtained 
 through an average of 75 per cent attained in the examination on the 
 proper courses of reading and study, or through courses completed in 
 Summer School, Normal School, or College, and approved by the said 
 Board as the equivalent of reading courses by way of professional 
 growth. As a general rule every holder of a renewable certificate should 
 attend at least one session of some Summer School, Normal School, or 
 College, within the lifetime of the certificate. 
 Where Valid. 
 
 A professional certificate issued by the State Department of Educa- 
 tion in accordance with foregoing provisions shall be valid in any county 
 in the State of Georgia in schools coming under direction of the State 
 Board of Education. 
 
 The regular State examination will take place in each county on August 
 4 and 5, 1916. 
 
MISCELLANEOUS. 
 
 VIII. 
 MISCELLANEOUS. 
 
 Time for taking census. 
 
 SEC. 1. That it shall be the duty of the County and City Boards 
 Acts of ^ Education of this State to cause an enumeration of the children 
 1887, page between six and eighteen years of age to be made under instructions 
 from the State School Commissioner, in the year 1888, and every ten 
 years thereafter, as hereinafter prescribed. In the year 1893, and 
 every ten years thereafter, it shall be the duty of the State Board of 
 Education, in the early part of the year, to have an estimate made from 
 the last census taken by the authorities of the United States, of the 
 number of children of school age in each county of the State, and in 
 each town and city under a local school law, and if, from the evidence 
 thus obtained, or from other evidence of any kind, the said Board shall 
 become satisfied that a new enumeration of the school population ought 
 to be taken for any county or counties, or for any town or city, or 
 the entire State, it shall be their duty to order the said enumeration 
 to be taken accordingly. 
 
 Note. Clauses and special laws authorizing annual school census are 
 in conflict with this general law. 
 
 Enumerators: Duties, compensation, oath County School Commis- 
 sioner as enumerator. 
 
 SEC. 2. The different County or City Boards shall employ one or 
 Acts of more competent, reliable persons to take the enumeration above men- 
 
 1887, page tioned, in their respective jurisdictions, and the persons so employed 
 shall go from house to house, making a thorough canvass of the terri- 
 tory assigned them, taking the number of children between the ages of 
 six and eighteen years, and distinguishing between the sexes and races. 
 The persons thus employed shall be known as enumerators of the school 
 census, and shall take and report any additional statistics required by 
 the State School Commissioner. They shall receive as compensation a 
 per diem not to exceed two dollars in the counties, or two dollars in 
 the cities, or in the city and county where the same are under local 
 laws, to be paid out of the school fund of the jurisdiction in which the 
 work is done. They shall, moreover, be required to make oath that the 
 work done by them has been carefully and faithfully done according 
 
 40 
 
MISCELLANEOUS. 
 
 to the true intent and meaning of this Act, the form of oath to be pre- 
 scribed by the State School Commissioner; provided, that nothing herein 
 contained shall be construed to prevent the County Boards from em- 
 ploying the County School Commissioners to do the work contemplated 
 in this Section. 
 
 New enumeration. 
 
 SEC. 3. The State Board of Education is hereby empowered to order 
 
 p a ge 
 
 at once a new enumeration when they are in doubt as to the accuracy 
 
 of the return made from any county or city; but the enumerators first 82 - 
 making their return shall receive no compensation in case it is found 
 their enumeration was not correct. In case their enumeration is veri- 
 fied by the second enumeration, then both shall be paid, but the amount 
 paid them shall be deducted from the school fund appropriated to 
 this special territory. 
 
 Fixing compensation of enumerators. 
 
 SEC. 4. The respective County or City Boards are hereby empow- Acts of 
 ered to fix, within the limits prescribed above, the per diem compensa- ^ 87> page 
 tion of the enumerators of the school census employed by them. 
 
 Arbor Day. 
 
 SEC. 5. The first Friday in December in each year shall be set 
 apart and consecrated as a day for tree-planting, and shall be known 
 throughout the State as "Arbor Day," that it shall be the duty of the 1890-91, 
 State School Commissioner to take the matter of the observance of page 219 ' 
 "Arbor Day," by the public, under his general supervision, and 
 through the County School Commissioners to cause the public schools 
 of the State to observe "Arbor Day," as the superintendents and 
 teachers may think best, in order to show the pupils the value and 
 beauty of forestry by practical tree-planting on school, church, and 
 other public lots, lawns, as well as on public highways. 
 
 Physiology and Hygiene to be taught in public schools. 
 
 SEC. 6. The nature of alcoholic drinks and narcotics, and special 
 instruction as to their effects upon the human system in connection with 
 the several divisions of the subject of physiology and hygiene, shall be Acts of 
 included in the branches of study taught in common or public schools 1901 
 in the State of Georgia, and shall be studied and taught as thoroughly 
 and in the same manner as other like required branches are in said 
 schools. 
 
 43 
 
LOCAL TAX. 
 
 Acts of 
 1901, 
 page 54. 
 
 Acts of 
 1903, 
 page 64. 
 
 Acts of 
 1909, 
 page 190. 
 
 SEC. 7. It shall be the duty of county and city superintendents of 
 schools receiving aid from the State to report to the State School 
 Commissioner any failures or neglect on the part of the Boards of 
 E'ducation to make provision for instruction of all pupils in any or 
 all the schools under their jurisdiction, in physiology and hygiene 
 (physiology, which shall include with other hygiene the nature and 
 effects of alcoholic drinks and other narcotics upon the human system), 
 and the Board of Education of each county of this State shall adopt 
 proper rules to carry the provisions of this law into effect. 
 
 Agriculture and Civil Government to be taught in the common 
 schools. 
 
 SEC. 8. The elementary principles of agriculture and the elements 
 of civil government shall be included in the branches of study taught 
 in the common or public schools in the State of Georgia, and shall be 
 studied and taught as thoroughly and in the same manner as other like 
 required branches are studied in said schools. 
 
 SEC. 9. It shall be the duty of the county commissioners of all 
 schools receiving aid from the State to report to the State School 
 Commissioner any failure or neglect on the part of their respective 
 boards of education to make provisions for instruction of all pupils in 
 any and all of the schools under their jurisdiction in said branches, and 
 the board of education of each county of this State shall adopt proper 
 rules to carry the provisions of this law into effect. 
 
 Georgia Day. 
 
 SEC. 10. The twelfth day of February in each year shall be ob- 
 served in the public schools of this State, under the name of "Geor- 
 gia Day," as the anniversary of the landing of the first colonies in 
 Georgia under Oglethorpe; and it shall be the duty of the State School 
 Commissioner, annually to cause the teachers of the schools under their 
 supervision to conduct on that day exercises in which the pupils shall 
 take part, consisting of written compositions, readings, recitations, ad- 
 dresses, or other exercises, relating to this State and its history to the 
 lives of distinguished Georgians. When said day falls on Sunday, it 
 shall be observed on the following Monday. 
 
 LOCAL TAX DISTRICTS ACROSS COUNTY LINES. 
 
 SECTION 1. Be it enacted by the General Assembly of the State of 
 Georgia, and it is hereby enacted by the authority of the same, That 
 
 42 
 
LOCAL TAX. 
 
 the Act approved August 21, 1906, entitled, "An Act to amend an Act 
 entitled, 'An Act to provide for the creation and operation of local tax 
 district schools, and for levying and collection of local tax by districts 
 of counties for educational purposes, for the laying off of counties in Acts of 
 school districts, and for other purposes," approved August 23, 1905, so page ' 33 
 as to provide for amending the caption, to provide a proper enforce- 
 ment of the bill and for the laying off of counties into districts of 
 reasonable size, for the election of district trustees, whether local tax is 
 levied and collected or not, to provide a correct method of assessing 
 and collecting the taxes in local districts, and for other purposes," be 
 and the same is hereby amended by adding after the word "so" near 
 the middle of the 17th line of Section 1, of said Act as amended as it 
 appears in the published Acts of 1906 on page 66 of said published 
 Acts, the following words, to-wit: "By concurrent consent and action, 
 Boards of Education of two or more adjoining counties may lay off 
 and define school districts without regard to county lines; provided, 
 That the Board of Education of the county in which the school-house 
 is located shall have supervision of same ; and provided. That the Ordi- 
 nary of the county in which the school-house is located shall order the 
 election; and provided, That the tax collector of each county from 
 which territory has been cut, shall collect the school tax levied by the 
 trustees of the school districts thus formed in the territory cut from his 
 county, and shall pay the same when collected to the authorized officer 
 of said board," so that said Section of said Act shall, when amended, 
 read as follows : "Section 1. Be it enacted by the General Assembly of 
 Georgia, and it is hereby enacted by authority of the same, That within 
 thirty days after the passage of this Act, or as soon thereafter as 
 practicable, it shall be the duty of the County Board of Education of 
 each county in Georgia, to lay off the county into school districts, the 
 lines of which shall be clearly and positively denned by boundaries, 
 such as creeks, public roads, land lines, district lines or county lines. 
 The school districts thus marked out shall contain an area of not less 
 than sixteen square miles, and where practicable shall be so shaped as 
 to have the school buildings as near the center as possible, and no terri- 
 tory shall be included whose occupants reside further than three miles 
 from the school-house without written petition of two-thirds of the 
 qualified voters therein; provided, That the board of education may 
 have the right to establish districts with areas less than sixteen square 
 miles where there are natural causes or local conditions that make it 
 necessary to do so. By concurrent consent and action, boards of educa- 
 tion of two or more adjoining counties may lay off and define school 
 districts without regard to county lines; provided, That the Board of 
 Education of the county in which the school-house is located shall have 
 
 43 
 
LOCAL TAX. 
 
 supervision of same; and provided, That the Ordinary of the county in 
 which the school-house is located shall order the election; and pro- 
 vided, That the tax collector of each county from which territory has 
 been cut, shall collect the school tax levied by the trustees of the school 
 district thus formed in the territory cut from his county and shall pay 
 the same when collected to the authorized officer of said board. The 
 natural causes which will permit the creation of smaller districts are 
 mountains, streams over which there are no bridges and dangerous 
 roads. Local conditions which will permit the creation of small districts 
 must be determined by the Board of Education. "In counties having 
 incorporated towns, now levying a local tax for educational purposes 
 and operating a public school system under their town charter or 
 special Act of the Legislature, the county Board of Education, with the 
 consent of the municipal authorities, may create a school district larger 
 than the incorporated limits of the town by adding adjacent territory 
 not already included in the incorporated limits, and the district thus- 
 marked out shall become a school district upon the vote of the people 
 as hereinafter provided but such school district, including incorporated 
 towns, having a population of four thousand or more, shall be and 
 remain under the exclusive supervision and direction of the school 
 boards of the previously chartered schools in said class of incorporated 
 towns and not under supervision of County Board of Education, and 
 the school boards of such chartered schools in incorporated towns shall 
 be trustees of said school district under this Act; provided, further, 
 That there be located in such school districts a chartered school con- 
 trolled by a board of stockholders or by directors elected by them, the 
 management and control of said chartered school shall remain in them, 
 and they shall have all the rights and privileges of this Act to collect 
 local taxes as hereinafter provided in this Act, and to receive their 
 share of the State public school fund. A map of the county thus laid 
 off, plainly outlining the boundaries of the school district with full 
 description thereof, shall be filed with the Ordinary within forty days 
 after the passage of this Act or as soon thereafter as practicable, and 
 the boundaries of said school districts shall not be altered any oftener 
 than two years. The County Board of Education, in laying off the 
 county, shall disregard any school districts embracing territory not 
 included in incorporated towns heretofore created by special Act of the 
 Legislature. The failure of any County Board of Education to comply 
 with the requirements of this Section within six months after the pas- 
 sage of this bill shall operate to annul their commissions, and vacancies 
 thus created shall be filled as the law requires such vacancies to be 
 filled." 
 
LOCAL TAX. 
 
 County line schools. 
 
 SECTION 1. That admission to all common schools of this State be 
 gratuitous to all children between the ages of six and eighteen years 
 residing in the sub-districts in which the schools are located; provided, 1903, 
 that colored and white children shall not attend the same school; and ] 
 no teacher receiving or teaching white and colored pupils in the same 
 school shall be allowed any compensation at all out of the common 
 school fund. In special cases to meet the obvious demand of conven- 
 ience children residing in one sub-district may by express permission 
 of the County Board, attend the common school of another sub-district 
 and when a common school is located near a county line, children from 
 an adjoining county shall be permitted to attend the school; provided, 
 such children reside nearer such school or said school is more accessible 
 to the residences of such children than any public school in the county 
 of their residence. And in such cases, the teacher shall make out two 
 accounts for his services, one against each County Board, in amount 
 proportional to the number of children in the school from the respec- 
 tive counties. 
 
 XOTE. A small incidental fee is a reasonable charge against all 
 pupils who are able to pay the same. This fee should be applied only to 
 current incidental expenses; keeping the house in order, providing 
 crayon, fuel, etc. In a few schools of this State whose patrons are 
 indifferent the teachers have had to meet the current incidental expenses. 
 Every good school building should be under the constant care of a 
 janitor, and patrons should make due provision for the equipment and 
 care of the school building. 
 
 XOTE 2. Teachers of county line schools should report to each county 
 the number of pupils and the amount of salary received from the other 
 county. County Boards through the County School Commissioner of 
 *ach county should pay salaries of teachers according to contract direct 
 to teachers of countv line schools. 
 
 ALLOWING TAX FOR HIGH SCHOOLS. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia 
 -and it is hereby enacted by authority of the same, That Paragraph 2 
 of Section 6. Article 7 of the Constitution of this State be, and the 1910, 
 same is hereby amended by striking from said Paragraph 2, Section 6, ] 
 Article 7, the following words "in instructing children in the elementary 
 branches of an English education only." So that when said Paragraph 
 is amended it will read as follows: "The General Assembly shall not 
 .have power to delegate to any county the right to levy a tax for any 
 
 45 
 
Acts of 
 1910, 
 
 page 46. 
 
 Acts of 
 
 1910, 
 page 46. 
 
 Acts of 
 1910, 
 page 46. 
 
 LOCAL TAX. 
 
 purpose, except for educational purposes, to build and repair the public 
 buildings and bridges; to maintain and support prisoners; to pay 
 jurors and coroners, and for litigation, quarantine, roads and expenses 
 of court; to support paupers and pay debts heretofore existing." 
 
 SEC. 2. Be it further enacted, that whenever the above proposed 
 amendment to the Constitution shall be agreed to by two-thirds of the 
 members elected to each of the two Houses of the General Assembly 
 and the same has been entered on their Journals with the ayes and nays 
 taken thereon the Governor shall cause said amendment to be pub- 
 lished in at least two newspapers in each Congressional District in this 
 State for the period of two months next preceding the time of holding 
 the next general election. 
 
 SEC. 3. Be it further enacted, That the above proposed amendment 
 shall be submitted for ratification or rejection to the electors of this 
 State at the next general election to be held after publication, as pro- 
 vided in the second Section of this Act in the several election districts 
 of this State, at which election every person shall be qualified to vote 
 who is entitled to vote for members of the General Assembly. All 
 persons voting at said election in favor of adopting the proposed 
 amendment to the Constitution shall have written or printed on their 
 ballots the words: "For amendments of Paragraph 2, Section 6, Article 
 7, permitting counties to levy taxes for educational purposes," and all 
 persons opposed to the adoption of said amendment shall have written 
 or printed on their ballots the words "Opposed to amendment of Para- 
 graph 2, Section 6, Article 7, permitting counties to levy taxes for 
 educational purposes." 
 
 SEC. 4. Be it enacted, That the Governor be and he is hereby 
 authorized and directed to provide for the submission of the amendment 
 proposed in this Act to a vote of the people, as required by the Con- 
 stitution of this State in Paragraph 1 of Section 1 of Article 13, and 
 if ratified the Governor shall, when he ascertains such ratification from 
 the Secretary of State to whom the returns shall be referred, in the 
 manner as in cases of elections of members of the General Assembly, 
 to count and ascertain the results, issue his proclamation for one 
 insertion in one of the daily papers in this State, announcing such 
 results and declaring the amendment ratified. 
 
 BONDING SCHOOL DISTRICTS. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia 
 and it is hereby enacted by the authority of the same, That when one- 
 
 46 
 
SECRETARIES AND TREASURERS. 
 
 fourth of the registered qualified voters of a school district in which a Actg of 
 local tax is now, or may hereafter be levied for school purposes, shall 1912, 
 be filed with the Board of Trustees of such a district, a petition asking 
 for an election for the purposes of determining whether or not bonds 
 shall be issued for the purpose of building and equipping a school 
 house or houses for said district, the required number of petitioners to 
 be determined by said Board of Trustees, it shall be the duty of said 
 Board of Trustees to fix the amount, denomination, rate of interest, and 
 dates when due, and call such election in terms of law now provided 
 for a county issue of bonds, except as herein otherwise provided. The 
 said Board of Trustees, in case the election is for a bond issue, shall 
 follow the law as required of county authorities as embodied in Section 
 440, et sequitur, of the Code of 1910, Volume 1, in the issue thereof. 
 Said Board of Trustees may order such election to be held on the school 
 site or other suitable place in the district, of which they shall give 
 notice by posting same at three public places in said district, not less 
 than ten days previous to said election. None but registered qualified 
 voters shall be permitted to vote in said election. The ordinary shall 
 furnish a certified list of registered voters in such school district to the 
 managers of the election thirty days before such election is held. 
 The ballots cast shall have written or printed thereon "For School 
 House" or "Against School House." The ballots east and the voting 
 list shall be lodged with the said Board of Trustees who shall declare 
 the result. Said Board of Trustees, or a majority of them, shall be the 
 election managers, and if for any reason they fail to act, any three 
 freeholders of the district may qualify and act. 
 
 SEC. 2. Should bonds be issued and sold, the proceeds shall be 
 turned over to the Board of Trustees in trust for the purpose of erecting 
 a school building or buildings which said Board may deem suitable. 
 
 Said Board of Trustees is authorized to remove, sell or otherwise dis- page 177 - 
 pose of old buildings or buildings and grounds and select a new site 
 and erect a new building thereon, and add to the proceeds from the 
 sale of bonds any other proceeds which may come from disposition ot 
 building or buildings and site, or from donations or otherwise, all to be 
 held in trust to be used for the purpose aforesaid, and no compensa- 
 tion shall be paid to said Board of Trustees nor to any member thereof 
 for service. 
 
 BONDS AND DUTIES OF SECRETARIES AND TREASURERS. 
 
 SECTION 1. Be it enacted by the General Assembly of the State 
 of Georgia, and it is hereby enacted by the authority of the same, that 
 
 47 
 
SECRETARIES AND TREASURERS. 
 
 Acts of 
 1912, 
 page 184. 
 
 Acts of 
 1912, 
 page 184. 
 
 Acts of 
 1912, 
 page 185. 
 
 Acts of 
 1912, 
 page 186. 
 
 Acts of 
 1912, 
 page 185. 
 
 from and after the passage of this Act, it shall be the duty of the 
 treasurer or the secretary and treasurer of any Board of Trustees of a 
 public school receiving money raised by Local Taxation for public 
 schools, to make a good and sufficient bond for the faithful perfor- 
 mance of his duties, payable to the County Board of Education in a 
 sum not less than double the amount of money likely to be received by 
 him during his term of office, the amount and sufficiency of said bond 
 to be judged by the County Board of Education, which amount may 
 be increased in the discretion of the County Board of Education. 
 
 SEC. 2. Be it further enacted by the authority aforesaid, That 
 in the event the Treasurer or Secretary and Treasurer as aforesaid, 
 shall fail to make the bond required in the first section of this Act, 
 then and in that event, any money raised by Local Taxation for public 
 schools or otherwise, which under the laws should have been paid over 
 to the Treasurer, or the Secretary and Treasurer, shall be paid over to 
 the County Board of Education to be by them paid out on the orders 
 of the Board of Trustees of such school district in the manner other 
 moneys are paid out by them. 
 
 SEC. 3. Be it further enacted, That the Treasurer or Secretary 
 and Treasurer as aforesaid shall not pay out any money as held in his 
 hands, except upon the order of the Board of Trustees, signed by the 
 president or chairman, of which he is Treasurer or Secretary and 
 Treasurer. He shall further in all cases take a receipt for all moneys 
 expended or paid out, which shall be attached to the order for same, 
 which when properly done, shall constitute a proper voucher for the 
 money thus paid out. 
 
 SEC. 4. Be it further enacted by the authority aforesaid, That the 
 Treasurer or the Secretary and Treasurer as aforesaid, shall keep an 
 accurate account of all money received and paid out by him in a sub- 
 stantially bound book, which together with all vouchers, shall be sub- 
 mitted once each year to the County Superintendent of Schools to be 
 audited by the State Auditor when he shall audit the County Superin- 
 tendent's books, but the County Board of Education may direct that 
 any other competent person audit these books. 
 
 SEC. 5. Be it further enacted by the authority aforesaid, That 
 the provisions of this Act shall apply only to those school districts 
 which have adopted or may adopt Local Taxation for public schools 
 under the district plan as provided under Section 1535', Volume 1 of the 
 Code of 1911. Provided further, that the provisions of this bill shall 
 not apply to any Secretary or Treasurer who receives no compensation. 
 This Act shall not apply to any municipal system of schools in this 
 State. 
 
 48 
 
HEALTH BILL. 
 HEALTH BILL. 
 
 Membership of State Board. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia, and 
 it is hereby enacted by the authority of the same, That the State Board 
 of Health shall consist of fifteen members, three of whom, the secretary 
 of the State Board of Health, the State Superintendent of Schools and 
 the State Veterinarian, shall be members by virtue of their offices, and 
 twelve who shall be appointed by the Governor, one from each congres- 
 sional district, and a majority of whom shall be physicians, provided 
 however, that the present members of the State Board of Health shall 
 serve as members of the State Board of Health under the provisions 
 of this Act until the termination of their present terms of office. 
 
 Membership of County Board. 
 
 SEC. 2. Be it further enacted, That a county board of health for 
 each county in the State be, and the same is, hereby created, composed 
 of three persons, two of whom shall be members of such board by 
 virtue of their offices, to-wit. : the county superintendent of schools, and 
 the chairman of the board of roads and revenues of the county, or in 
 counties having no such board, the ordinary of said county, and one 
 reputable physician elected by the grand jury of the county, at the ses- 
 sion of the superior court for said county next preceding the regular 
 January session of the county board of health of said county, or at any 
 succeeding session of said court. The physician so elected shall hold 
 office for a term of four years, and until his successor is elected and 
 qualified. All vacancies shall likewise be filled by elections by the grand 
 jury, and the person so elected shall hold office for the remainder of 
 the term and until his successor is elected and qualified. Said county 
 board of health shall have supervision over all matters relating to health 
 and sanitation in their respective counties with authority to declare and 
 enforce quarantine therein subject to the provisions of this Act, and all 
 the powers and authority now vested in the county authorities by Chap- 
 ter 7 governing sanitary regulations by county authorities embraced in 
 Sections 1670 to 1676, inclusive, of the Code of 1910, are hereby con- 
 ferred upon and vested in the county boards of health created and estab- 
 lished under provisions of this Act. Said county boards of health shall 
 hold their regular sessions on the first Thursdays of January, April, 
 July and October in the county court house, and may also meet in ex- 
 tra session at any time for county health purposes, or when an emer- 
 gency or necessity may require same. The members of said boards 
 
 49 
 
HEALTH BILL. 
 
 shall receive as their compensation the sum of two dollars per diem 
 while actually engaged in the performance of the duties of said board 
 out of the funds of said county appropriated for quarantine and sanita- 
 tion. 
 
 When operative. 
 
 SEC. 3. Be it further enacted, That the following provision of this 
 Act embodied in Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall 
 become operative in any county only after the recommendation 
 of two successive grand juries, but on such recommendation it shall 
 become obligatory on the county boards of health and the county boards 
 of roads and revenues and, in counties having no such board, upon the 
 ordinary of said county to carry out the provisions of this Act. The 
 operations of said Sections of this Act shall likewise be suspended in 
 any county upon the recommendation of two successive grand juries of 
 said county. 
 
 Sanitary districts. 
 
 SEC. 4. Be it further enacted, That for the purpose of carrying 
 out the provisions of this Act, the State shall be divided into sanitary 
 districts as follows: Each county shall constitute a sanitary district, 
 except that two or more counties each having a population of less than 
 thirty-seven thousand inhabitants, may be combined into one sanitary 
 district; provided that the total population of the counties so combined 
 does not exceed seventy-five thousand inhabitants. Said combination of 
 counties into a joint sanitary district shall be made by the State Board 
 of Health upon the recommendation and consent of the county boards of 
 health of the counties concerned. The last preceding United States de- 
 cennial census shall be taken as a basis for computation of population 
 in all cases under this Act. 
 
 Commissioner of Health Qualifications Examination. 
 
 SEC. 5. Be it further enacted, That in every such sanitary district 
 there shall be appointed a district commissioner of health for a term of 
 four years. For a county district the appointing board shall be the 
 county board of health and for districts composed of more than one 
 county the appointing board shall be composed of the board of health 
 of all the counties composing said district, who shall meet in joint 
 session for said purpose. The district commissioners of health shall be 
 appointed from an eligible list furnished by the secretary of the State 
 Board of Health. This list shall contain the names of those who have 
 
 50 
 
HEALTH BILL. 
 
 passed a satisfactory examination in hygiene and sanitation and State 
 health laws, and certain books and reports may be prescribed by the 
 examining board as the basis of such examinations. The secretary of 
 the State Board of Health shall, with the aid of a committee from the 
 State Board, examine all applicants for the position of district health 
 commissioner under rules prescribed by the State Board and the pro- 
 visions of this Act; and he shall supervise the work of all district com- 
 missioners of health and shall have the authority to suspend such com- 
 missioner for incompetency, willful neglect of duty, immorality, or the 
 commission of a crime involving the moral turpitude with the right 
 of appeal by the party so suspended to the State Board, whose decision 
 shall be final. No person shall be examined except a licensed physician, 
 able bodied, temperate and of good moral character. The examining 
 board shall prepare a list of questions on the several subjects upon 
 which the applicants shall be examined and send the same to the county 
 superintendents of education under whose supervision the examinations 
 shall be held. The applicant shall sign his examination paper by num- 
 ber, and in a sealed envelope accompanying said paper shall give his 
 name and the number he has adopted so that his name shall not be 
 known until after the board of examiners shall have passed upon the 
 question of his admission or rejection. The board of examiners shall 
 prescribe and fix a certain standard percentage for passing such exam- 
 ination: provided that each person applying for examination shall be 
 a resident of the State, and shall pay in advance to the secretary of the 
 State Board of Health the sum of five dollars as an examination fee. 
 All such fees shall be covered into the general fund of the State. Each 
 person passing such examination shall be entitled to a certificate signed 
 by the secretary of the State Board of Health, under the seal of the 
 State Board of Health, which shall be conclusive of the facts stated here- 
 in as to such examination and qualifications. The said secretary of the 
 State Board of Health shall, as soon as the results of an examination have 
 been arrived at, file a copy thereof in his office showing the persons who 
 have been passed, and at the same time send by mail a complete list 
 of those who have passed to the chairman of each county board of 
 health within the State. Regular examinations shall be held by the 
 board in the months of October and April of each year: and special 
 examinations may be held by the secretary of the State Board of 
 Health to fill vacancies and he may issue a certificate which will hold 
 good until the next regular examination. No examination fee shall be 
 required of one holding a temporary certificate, provided same was paid 
 at the time of standing the special examination. 
 
 51 
 
HEALTH BILL. 
 
 Time of meetings Salaries Bond. 
 
 SEC. 6. Be it further enacted, That the various appointing boards 
 herein authorized and designated, shall meet on the first Thursday in 
 January, 1915, and every four years thereafter to perform the duties 
 herein prescribed. They shall on such day or on any adjourned day 
 when necessary, select from the list of eligible candidates who have 
 passed any of the examinations herein provided for, and appoint a 
 health commissioner for the districts over which jurisdiction is con- 
 ferred upon them. Such commissioners shall hold office until their suc- 
 cessors are appointed and qualified unless sooner removed, as provided 
 herein. The appointing boards shall fix the salaries of said officers as 
 hereinafter provided. In case a vacancy arises in such office before 
 the expiration of the term, the appointing board for such district shall 
 meet within ten days thereafter on the call of the chairman of said 
 board or of any two members thereof, and shall fill said vacancy in the 
 same manner as is herein prescribed for regular appointments. Any 
 person so appointed to fill a vacancy shall hold office for the remainder 
 of the term and until his successor is appointed and qualified. Each 
 health commissioner appointed shall file his acceptance of his constitu- 
 tional oath of office with the ordinary of the county in the county dis- 
 tricts and with the ordinary of the county having the larger population 
 in the case of sanitary districts consisting of more than one county. 
 Each commissioner shall be required to give bond in the penal sum of 
 one thousand dollars conditioned for the faithful performance of his 
 duties, which bond shall be filed with the same person as prescribed 
 for the filing of the oath of office. Such acceptance, oath of office 
 and bond shall be filed and approved by the person receiving same 
 within ten days after such appointment shall have been made. 
 
 Duties Bond. 
 
 SEC. 7. Be it further enacted, That such commissioner shall give 
 his entire time to the duties of his office and shall not engage in private 
 medical practice, or actively in any other line of business. They shall 
 possess the statutory powers of a constable within the district for which 
 appointed in all matters pertaining to public health and in enforce- 
 ment of the health laws. They are hereby declared to be officers of the 
 State and may be removed for malfeasance, misfeasance or nonfeas- 
 ance in office and for incompetency. When a district commissioner of 
 health is suspended by the secretary of the State Board of Health, as 
 hereinbefore provided, the appointing board for said district shall ap- 
 point a successor to such person until he is restored by law, or until 
 
 52 
 
HEALTH BILL. 
 
 his successor is appointed and qualified; and the person so appointed to 
 fill said vacancy shall take the oath and give the bond required by law 
 of the regular incumbent. 
 
 Salaries. 
 
 SEC. 8. Be it further enacted, That in sanitary districts composed 
 of one or more counties the commissioner of health shall receive from 
 the county or counties a salary to be fixed by the county board of health, 
 or by the boards of health of the counties composing the sanitary dis- 
 trict, as the case may be, in the sum of not less than twelve hundred 
 dollars per annum. The salaries herein provided for shall be paid out 
 of any fund of the county appropriated therefor and in the same 
 manner as the salaries of other officers. 
 
 It shall be the duty of the board of health of each county, at its 
 regular January session, after compliance with the provisions of Sec- 
 tion 5, and each January session thereafter to determine and fix the 
 sum necessary to meet the requirements of this Act, and they shall cer- 
 tify to the board of county commissioners of roads and revenues, or 
 to the ordinary of the county in counties having no such board, the 
 amount so fixed upon and assessed for the purposes of sanitation 
 and quarantine for said county, and said taxing authority of said 
 county shall levy such tax at the time and in the same manner as is now 
 prescribed for levying taxes for other county purposes. In districts 
 composed of more than one county, the appointing board shall prorate 
 the salary so fixed among the several counties comprised in such dis- 
 tricts according to population. It shall thereupon be the duty of each 
 county to contribute its portion of such salary to the commissioner of 
 health and it shall be paid out of the sum appropriated therefor and in 
 the same manner as the salaries of other county officers are paid. 
 
 Expenses. 
 
 SEC. 9. Be it further enacted, That in each sanitary district there 
 shall be an annual appropriation of not less than five hundred dol- 
 lars for the office and traveling expenses of the commissioner of health 
 for carrying out the purposes of this Act. 
 
 This sum shall be in addition to office rent where necessary; pro- 
 vided, that in sanitary districts comprised of more than one county, 
 each county shall contribute not less than two hundred and fifty dollars 
 toward the expenses of such commissioner, not including office rent 
 where necessary. The expense fund herein provided for shall, in all 
 cases, be paid to such commissioner on the first secular day of each 
 month, in accordance with an estimate to be filed by the commissioner 
 
 53 
 
HEALTH BILL. 
 
 with the treasurer of the county at the end of each preceding 
 month. All expenditures made by the commissioners of health shall 
 be submitted in detail at the end of each month to the county board 
 of health of the county or counties composing said district, as the case 
 may be. It shall be the duty of the county board of health to assess 
 an amount sufficient to carry out the provisions of this Act, and certify 
 the same to the taxing authority of said county, as aforesaid, and such 
 taxing authority shall levy a tax for said purposes as aforesaid, and 
 in the absence of an appropriation made therefor, the salaries and ex- 
 penses provided for herein shall be paid out of the general funds of such 
 county not otherwise appropriated. 
 
 Office. 
 
 SEC. 10. Be it further enacted, That each county shall provide 
 suitable quarters for the district commissioner of health either in the 
 county court house or in rooms rented for such purposes. In sanitary 
 districts composed of more than one county, each county shall provide 
 quarters for said commissioner, but the commissioner may select any 
 one of the county seats for his permanent office, which he may equip 
 out of district funds provided therefor. 
 
 Duties. 
 
 SEC. 11. Be it further enacted, That it shall be the duty of the 
 district commissioner of health to be vigilant in the work of disease 
 prevention and the conservation of public health, and to enforce all 
 health laws of the State and health ordinances of their respective lo- 
 calities, together with the rules and orders of the State Board of Health. 
 They shall make such sanitary inspections and surveys of their districts 
 as may be required from time to time by the State Board of Health or 
 by the county boards of health. They are hereby authorized and invested 
 with the power to enter upon and inspect private property at proper 
 times in regard to the possible presence, source or cause of disease, to 
 establish quarantine and in connection therewith to order what is rea- 
 sonable and necessary for the prevention and suppression of disease, 
 to close schools, churches, theatres or any place of public assemblage, 
 forbid public gatherings in order to prevent or stay epidemics and to 
 this end may call in the aid of the sheriff and constables of the county, 
 or the police of any town or city, who shall in such cases render him all 
 needed assistance; they shall collect statistics concerning insanity, feeble- 
 mindedness, tuberculosis, and other infectious diseases; they shall in- 
 spect hotels, inns, railway trains, street cars, depots, boats and ships, 
 and also all places where food is sold and shall see that all laws per- 
 
 54 
 
HEALTH BILL. 
 
 taining to infectious and contagious diseases are properly enforced. 
 They shall inspect at least once every six months and make a sanitary 
 survey of all public buildings and institutions in their respective juris- 
 dictions and shall see that all health laws are properly enforced therein, 
 particularly in jails, guardhouses, chaingangs, and other places of de- 
 tention and also shall keep a report thereof as part of the records of 
 their office and shall also file a similar report with the secretary of the 
 State Board of Health. They shall at least once every school year in- 
 spect and make a sanitary survey of the buildings, grounds and the 
 water supply of every school within their jurisdiction and shall have 
 power to close any school when the sanitary conditions are such as to 
 endanger or imperil the health or life of the pupils attending same. 
 They shall also examine the teachers and janitors for infectious and 
 contagious diseases and shall also examine each pupil, in the presence of 
 a teacher or nurse, for infectious and contagious diseases and for in- 
 testinal parasites and for defects of eye, ear, nose, throat, lungs, teeth 
 and other physical defects and shall make a report of such inspection 
 and examination to the State Board of Health, to the county board 
 of health, and in case of incorporated towns and cities to the school 
 board of such municipality, and in case of a pupil also to the parent 
 or guardian. Said commissioner shall deliver one or more lectures to the 
 pupils of each school in his district at least once every school year and 
 such other lectures as may be requested by the county board of health. Said 
 lectures shall be upon infectious and contagious diseases, the part played 
 by the mosquitoes, flies and other insects carrying or transmitting 
 diseases and on general matters of health and sanitation and upon such 
 other subjects as may be prescribed by the State Board of Health or 
 by the county board. They shall make a monthly report of the work 
 done by them, in such narrative or tabulated form as may be required 
 to the county boards of health and to the State Board of Health. A 
 permanent record of all work done in each county shall be kept by the 
 district commissioner of health in form books prescribed by the State 
 Board of Health, which book shall be open to public inspection and 
 shall be delivered by him to his successor in office. A separate record 
 book shall be kept in each county of the work done in that county. 
 
 Powers Duties, continued. 
 
 SEC. 12. Be it further enacted. That in sanitary districts com- 
 posed of more than one county the district commissioner of health shall 
 have in each county the same power, authority and duties as the com- 
 missioner of health in single county sanitary districts. In such dis- 
 tricts the district commissioner of health shall divide his time in proper 
 
HEALTH BILL. 
 
 ratio among the counties comprising said district. Every commissioner 
 of health appointed under the provisions of this Act shall at all times 
 keep himself within reach of telephone and telegraph service, where 
 possible, and shall respond without delay to the calls or orders of the 
 secretary of the State Board or local boards of health or health officers 
 when his assistance is required. 
 
 SEC. 13. Be it further enacted, That the provisions of this Act 
 shall not be held to be inconsistent with the present laws relating to 
 the appointment and qualification of the city and town health officers 
 in the cities and towns of this State. But the district commissioner of 
 health shall be deemed to be the supreme authority on all matters ar- 
 fecting the public health of his district, not inconsistent with the au- 
 thority granted to the State Board of Health. Any town or city, re- 
 gardless of population may have a health organization as provided in 
 its charter in addition to the district commissioner of health herein pro- 
 vided for, otherwise all Acts or parts of Acts inconsistent herewith are 
 hereby repealed. 
 
 Deputies Nurses. 
 
 SEC. 14. Be it further enacted, That the county boards of health, 
 or district boards of health, may employ as many deputy commissioners 
 of health as they may deem necessary to serve the best interests of 
 their county or district, and may also employ visiting nurses to aid 
 them in the examination of school children and to instruct parents 
 in matters pertaining to their children, and to perform such other 
 duties as may be required of them by said board. This Section shall be 
 so construed as to allow any county whether in a single county sanitary 
 district or in a joint sanitary district, to exercise all the rights and 
 powers granted in this Section. 
 
 Isolation and Quarantine in infectious diseases (Extracts from 
 Rules and Regulations of State Board of Health). 
 
 SEC. 15. No parent or householder shall permit infected persons 
 (or persons exposed to infection), clothing, bedding, furniture, school- 
 books, library-books, or other articles likely to convey infection to be 
 removed from the house until properly disinfected, under the super- 
 vision of the local board of health or its proper officer, or where no 
 board exists, by the attending physician, in the manner recommended 
 by the State Board of Health. 
 
 5(5 
 
CHILD LABOR LAW. 
 
 SEC. 16. The isolation of patients and duration of quarantine in 
 infectious diseases shall be as follows: 
 
 DIPHTHERIA OR MEMBRANOUS CROUP : For the Patient : Isolation 
 for twenty-one (21) days from persons and domestic animals, and 
 disinfection of premises. For persons associated with or in the house 
 with the patient: Adults: Quarantine until after death or recovery of 
 the patient and disinfection of premises. Children: Quarantine for 
 seven (7) days after disinfection of premises. Domestic pets, particu- 
 larly cats, are frequent carriers of this infection. That the use of 
 antitoxin lessens the mortality, but does not attentuate the virus, so 
 that the same length of quarantine should be enforced whether antitoxins 
 are or are not used. 
 
 SCARLET FEVER (Scarletina, Scarlet Rash, Roseola) : Isolation of 
 patient and quarantine of children associated with, or in the house 
 with the patient, for ten (10) days after complete desquamation or 
 scaling of patient and disinfection of premises. 
 
 SMALLPOX: For the patient: Isolation until after all crusts or 
 scales have fallen off, and the disinfection of patient's body and the 
 premises. For exposed persons: Quarantine for sixteen (16) days 
 from date of last exposure. 
 
 CHOLERA: For the patient: Isolation until after complete recov- 
 ery and disinfection of the premises. For exposed persons: Quaran- 
 tine for five days (5) days from date of last exposure. 
 
 YELLOW FEVER: Isolation in screened room (protected fire-place) 
 until after complete recovery and disinfection of premises. 
 
 TYPHUS FEVER : For the patient : Isolation until after complete 
 recovery and disinfection of the premises. For exposed persons: 
 Quarantine for twenty-one (21) days from date of last exposure. 
 
 CHILD LABOR LAW. 
 
 Two exceptions only. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia, that 
 no child under the age of fourteen years shall be employed by, or per- 
 mitted to work in or about, any mill, factory, laundry, manufacturing 
 establishment, or place of amusement; except that children over twelve 
 years of age, who have widowed mothers dependent upon them for 
 support, or orphan children over twelve years of age dependent upon 
 
 57 
 
CHILD LABOR LAW. 
 
 their own labor for support, may work in factories and manufactories; 
 except that the foregoing provisions of this Section shall not be appli- 
 cable in instances specified and provided for in Section Eight, of this 
 Act. 
 
 A certificate necessary. 
 
 SEC. 2. Be it further enacted by the authority aforesaid that no 
 child under fourteen years and six months shall be employed or per- 
 mitted to work in any of the establishments or occupations mentioned 
 in Section One, unless the person, firm or corporation employing such 
 child has and keeps, on file accessible to the officials charged with the 
 enforcement of this Act, a certificate from the superintendent of schools 
 in the county or city in which such child resides, that such child is not 
 less than fourteen years of age, has attended school for not less than 
 twelve weeks of the twelve months preceding the date of issuance of 
 such certificate; except that the foregoing provisions of this Section 
 shall not be applicable in instances specified and provided for in Section 
 Eight of this Act. 
 
 May revoke certificate. 
 
 SEC. 3. Be it further enacted by the authority aforesaid that the 
 certificate mentioned in the foregoing Section shall state the full name, 
 date and place of birth of the child, with the name and address of the 
 parent, guardian, or person sustaining the parental relationship to 
 such child, and that the child has appeared before the officer, and satis- 
 factory evidence submitted that the child is of legal age. Blank forms 
 of these certificates shall be furnished by the Commissioner of Labor 
 to the superintendent of schools in the respective cities and counties. 
 A duplicate copy of each certificate shall be filed with the Commissioner 
 of Labor within four days from its issuance. The Commissioner of 
 Labor may, at any time, revoke any certificate if, in his judgment, the 
 certificate was improperly issued. He is authorized to investigate the 
 true age of any child employed, hear evidence, and require the produc- 
 tion of relevant books or documents. If the certificate is revoked, the 
 then employer shall be notified, and said child shall not thereafter be 
 employed or permitted to labor until a new certificate has been legally 
 obtained; except that the foregoing provisions of this Section shall not 
 be applicable in instances specified and provided for in Section Eight 
 of this Act. 
 
 Relating to night work. 
 
 SEC. 4. Be it further enacted by the authority aforesaid that no 
 child under fourteen years and six months of age shall be permitted 
 
 58 
 
CHILD LABOR LAW. 
 
 to work in or about any of the establishments in Section One, or Sec- 
 tion Two, of this Act, between the hours of seven p. m., and six a. m., 
 according to the standard time of the community in which such estab- 
 lishment is located. 
 
 Duty to enforce Act. 
 
 SEC. 5. Be it further enacted by the authority aforesaid that it 
 shall be the duty of the Commissioner of Labor and his authorized 
 assistants to see that the provisions of this Act are enforced. 
 
 Penalty for violations. 
 
 SEC. 6. Be it further enacted by the authority aforesaid, that any 
 person, agent, or representative of any firm or corporation, violating 
 any of the provisions of this Act; or any parent, guardian, or other 
 person standing in parental relationship to any child, who shall hire, 
 or place for employment of labor, any child under the age limits in any 
 of the establishments or occupations mentioned in Section One, of this 
 Act; or any superintendent of county or city schools who shall issue a 
 certificate, knowing that its issuance was illegal; or any person who 
 knowingly furnishes any untrue evidence with reference to the date 
 or place of birth of said child, or the age of said child or its educational 
 qualifications, shall be guilty of a misdemeanor, and upon conviction 
 shall be punished accordingly. 
 
 Code Sections 3143-3149 repealed. 
 
 SEC. 7. Be it further enacted by the authority aforesaid, that the 
 Act approved August 1st, 1906, and entitled "An Act to regulate the 
 employment of children in factories and manufacturing establish- 
 ments, in this State, and to provide for the punishment of violations 
 of the regulations prescribed, and for other purposes," and codified in 
 Sections 3143 to 3149, inclusive, of the Code of Georgia, of 1910, is 
 hereby repealed. 
 
 Commission must investigate. 
 
 SEC. 8. Be it further enacted by the authority aforesaid, that it 
 shall be lawful for a child twelve years of age, or more, to work in and 
 for a mill, factory, laundry, manufacturing establishment, or place of 
 amusement, if such child has dependent upon his labor a widowed 
 mother, or if such child is an orphan dependent upon his own labor. 
 Whenever such child desires to work in any of such places as specified 
 above, the fact that such child's labor is necessary to support a widowed 
 
 59 
 
CHILD LABOR LAW. 
 
 mother or to support such orphan child, must be found to be true after 
 an investigation by a commission composed of the county school sup- 
 erintendent and the ordinary of the county, where the work is to be 
 done, and the head of the school in the school district where the said 
 child lives. After an investigation by said commission, if it, or a ma- 
 jority of its members find that the facts exist to authorize such child 
 to work in, or for any of the establishments mentioned in Section One 
 of this Act, because of the existence of either of the conditions herein- 
 before set out, such commission shall issue a certificate to that effect, 
 which shall be kept of file in the office of the establishment where said 
 child is at work. Such commission shall make an investigation and 
 issue a new certificate at least once each six months and may prescribe 
 as a condition precedent to the issuance of such certificate school at- 
 tendance for such length of time and at such time as in its discretion 
 seems wise. 
 
 No such certificate more than six months old shall authorize the em- 
 ployment of any child under fourteen and one-half years of age in or 
 for any of the places specified in Section One of this Act. 
 
 Conflicting laws repealed. 
 
 SEC. 9. Be it further enacted by the authority aforesaid, that all 
 laws and parts of laws in conflict with the provisions of this Act be 
 and the same are hereby repealed. 
 
 In effect January 1, 1915. 
 
 SEC. 10. Be it further enacted by the authority aforesaid, that the 
 provisions of this Act shall be in force on and after January 1, 1915. 
 Approved August 14, 1914. 
 
UNIFORM TEXT-BOOK LAW. 
 
 IX. 
 UNIFORM TEXT-BOOK LAW. 
 
 School-book Commission. 
 
 SECTION 1. Be it enacted by the General Assembly of the State 
 of Georgia, and it is hereby enacted by authority of the same, That Acts of 
 the State Board of Education, consisting of the Governor, Secretary page 58. 
 of State, Comptroller-General, Attorney General and State School Com- 
 missioner, be, and are, hereby made the School-book Commission of 
 the State of Georgia. The members of the said School-book Commis- 
 sion shall serve without compensation; the Governor shall be President 
 and the State School Commissioner shall be the executive officer of said 
 School-book Commission. Before transacting any business relating 
 to the duties of this Commission, they shall each take an oath before 
 some person authorized to administer same, to faithfully discharge all 
 the duties imposed upon them as members of the said School-book 
 Commission, and that they have no interest, direct or indirect, in any 
 contract that may be made under this Act, and will receive no personal 
 benefit therefrom. 
 
 Uniform series of text-books. 
 
 SEC. 2. Be it also enacted by the authority aforesaid, That from 
 and after the first day of January, 1904, or such date thereafter, not of 
 
 more than sixty days, as shall be deemed necessary and practicable by page 54> 
 
 the School-book Commission to allow to the contractors to furnish to 
 
 the schools of the State the books included in the contracts made by 
 
 such Commission with such contractors, a uniform series of text-books, 
 
 shall be used in all the common schools of this State, to be adopted in 
 
 the manner and for the time hereinafter provided, which uniform 
 
 series of books shall be in use in all the common schools of this State, 
 
 and shall include the following elements of an English education only, 
 
 to wit: Orthography, reading, writing, arithmetic, geography, English 
 
 language lessons, English grammar, history of Georgia, containing the 
 
 Constitution of the State of Georgia, history of the United States, con- 
 
 taining the Constitution of the United States, physiology and hygiene, 
 
 the elementary principles of agriculture and civil government, and such 
 
 other branches of study in addition to the above-mentioned as may be 
 
 61 
 
UNIFORM TEXT-BOOK LAW. 
 
 from time to time provided for by statute, and not conflicting with the 
 Constitution of this State, provided, that none of said text-books so 
 adopted shall contain any thing of a partisan or sectarian character; 
 and provided, that no county, city or town that levies a local tax for 
 the purpose of maintaining a system of graded schools which local 
 tax together with the State fund, is sufficient to maintain said system 
 of graded schools, for as long a period as eight months in each year, 
 shall be included in the provisions of this Act: but if the duly consti- 
 tuted authorities in charge of any local system in this State should 
 desire to use any of the books selected by said School-book Commis- 
 sion, the said local system shall have the privilege of buying said 
 books at the same price and on the same terms at which they are 
 furnished to the common schools of the State. 
 
 Sub-commission. 
 
 SEC. 3. Be it further enacted by the authority aforesaid, That it 
 shall be the duty of the said School-book Commission to elect a sub- 
 commission of five, to be selected from among the teachers of the State 
 who are actively engaged in school work, either as normal school teach- 
 ers, common school teachers, graded school teachers, county school com- 
 missioners or city superintendents, provided) that no more than one of 
 the members of said sub-commission shall be taken from one congres- 
 sional district. Sample copies of all books sent to the said School- 
 book Commission as specimen copies upon which bids are to be based 
 shall be referred to the sub-commission for examination, and said sub- 
 commission shall examine and report upon the merits and demerits of 
 the books irrespective of prices, taking into consideration the subject- 
 matter of the books, their printing, their material and mechanical 
 qualities and their general suitability and desirability for the purpose 
 for which they are desired and intended. It shall further be the duty 
 of each member of said sub-commission to make an individual report 
 to the said School-book Commission at such time as said Commission 
 shall direct, arranging each book in its class, and reporting them in the 
 order of their merit, pointing out the merits and demerits of each 
 book, and indicating what books he recommends for adoption first, what 
 book is his second choice, and what his third choice, and so on, pursuing 
 this plan with the books submitted upon each branch of study; and if 
 any member of said sub-commission shall consider different books 
 upon the same subject or of the same class or division of approximately 
 equal merit, all things being considered, he shall so report, and if he 
 thinks that any of the books offered are of such character as to make 
 them inferior and not worthy of adoption, he shall, in his report, 
 
 62 
 
UNIFORM TEXT-BOOK LAW. 
 
 designate such books, and in said report each member of said sub- 
 commission shall make such recommendation and suggestions to the 
 said School-book Commission as he shall deem advisable and proper 
 to make. Said individual reports of the different members of the sub- 
 commission shall be kept secret and sealed and shall be delivered to 
 the Secretary of State, and said report not be opened until the said 
 School-book Commission shall meet in executive session to open and 
 consider the bids or proposals of publishers and others desiring to 
 have books adopted by said commission. Each member of said sub- 
 commission, before entering upon the duties of said sub- 
 commission, shall take and prescribe an oath to act honestly, conscien- 
 tiously and faithfully, and that he is not directly or indirectly in any 
 manner interested in any of the proposed contracts, nor in any book or 
 publishing concern of any kind or character, and that he will examine 
 all books submitted carefully and faithfully, and make true reports 
 thereon, as herein directed and prescribed; said oath shall be filed in 
 the office of the Secretary of State. Said School-book Commission shall 
 hear and consider said reports of the members of the sub-commission 
 in its selection and adoption of the uniform series of text-books, and 
 shall also themselves consider the merits of the books, taking into con- 
 sideration the subject-matter, the printing, binding and material and 
 mechanical qualities and their general suitability and desirability for 
 the purposes intended and the price of said books; and they shall give 
 due consideration and great weight to the reports and recommendations 
 of the sub-commission; provided, that no text-book, the subject-matter 
 of which is of inferior quality, shall be adopted by the said School- 
 book Commission. Said School-book Commission shall select and 
 adopt such books as will, in their best judgment, accomplish the ends 
 desired. When the said School-book Commission shall have finished 
 with the reports of said sub-commission, the individual reports of the 
 members of said sub-commission shall be filed and preserved in the 
 office of the State School Commissioner, and shall be open at all times 
 for public inspection. 
 
 Bids Filed with State Superintendent of Schools, Etc. 
 
 SEC. 4. Be it further enacted, That the said School-book Com- 
 mission shall meet in the office of the State Commissioner not later Acts of 
 than September 1, 1903, and advertise in such manner and form as page 55. 
 they may deem best, that, at a time to be fixed by said commission 
 to be named in the advertisement, and not to be later than November 1, 
 1903, said School-book Commission will receive at the office of the 
 State School Commissioner, in the city of Atlanta, sealed bids or pro- 
 posals from the publishers of school-books for furnishing books to the 
 
 63 
 
UNIFORM TEXT-BOOK LA\V. 
 
 public common schools of the State of Georgia through agencies estab- 
 lished by said publishers in the several counties and places in counties 
 in the State, as may be provided for in such regulations as said School- 
 book Commission may adopt and prescribe. The bids or proposals 
 shall be for furnishing the books specified for a period of five years, 
 and no longer. Said bids or proposals shall state specifically and 
 clearly the retail price at which each book will be furnished, and also 
 the exchange price for the introduction of such books. Each bid or 
 proposal shall be accompanied by specimen copies of each and all 
 books to be furnished in said bid; and it shall be required that each 
 bidder shall deposit with the Treasurer of the State of Georgia a sum 
 of money such as the said School-book Commission may require, of 
 not less than five hundred dollars, and not more than twenty-five hun- 
 dred dollars, according to the number of books each bidder may propose 
 to supply, and such deposit shall be forfeited absolutely to the State 
 if the bidder shall fail or refuse to make and execute such contract or 
 bond as is hereinafter required within such time as the said School- 
 book Commission may require, which time shall not be later than 
 January 1, 1904, and shall also be stated in said advertisement. All 
 bids shall be sealed and deposited with the Secretary of State, to be by 
 him delivered to the said School-book Commission when they are in 
 executive session for the purpose of considering the same, when they 
 shall be opened in the presence of said School-book Commission; 
 provided, that the School-book Commission shall have authority, upon 
 the acceptance of any bid and the execution of any contract to furnish 
 school-books under the provisions of this Act, to allow such time, after 
 January 1, 1904, as may be deemed by said Commission reasonable and 
 necessary (not more than sixty days), to the contractor making such 
 bid or contract, within which to furnish to all the schools of this State 
 coming under the provisions of this Act, with all the books contracted 
 to be furnished. 
 
 Adoption contracts forfeitures and recoveries on Bonds. 
 
 SEC. 5. Be it further enacted by the authority aforesaid, That it 
 
 shall be the duty of said School-book Commission to meet at the time 
 
 Acts of and place noted in said advertisement and take out the specimen copies 
 
 page 57. submitted and upon which bids are based, and refer and submit them 
 
 to the sub-commission as provided for and directed in Section 3 of this 
 
 Act, with instruction to the said sub-commission to report to them at 
 
 a specified time with their reports, classifications and recommendations 
 
 as provided in Section 3. When the said reports are submitted it shall 
 
 be the duty of the said School-book Commission to open and examine 
 
 all sealed proposals submitted and received in pursuance of the notice 
 
 64 
 
UNIFORM TEXT-BOOK LAW. 
 
 provided in Section 4 of this Act. It shall then be the duty of said 
 School-book Commission to examine and consider carefully all such 
 bids or proposals, together with the reports and recommendations of the 
 members of the sub-commission, and determine, in the manner provided 
 in Section 3 of this Act, what book or books upon the branches herein 
 above mentioned, or that hereafter may be added by said School-book 
 Commission, or may be hereinafter provided for in this Act, shall be 
 selected and adopted, taking into consideration the size, quality as to 
 subject-matter, material, printing, binding, and the mechanical execu- 
 tion and price and the general suitability for the purposes desired and 
 intended. And after such adoption shall have been made, the said 
 School-book Commission shall, by registered mail, notify the publishers 
 or proposers to whom contracts have been awarded, and it shall then be 
 the duty of the Attorney-General of the State to prepare the said 
 contract or contracts in accordance with the terms and provisions of 
 this Act, and the said contract shall be executed by the Governor and 
 attested by the Secretary of State with the seal of the State attached 
 upon the part of the State of Georgia, and the said contract shall be 
 executed in triplicate, one copy to be kept by the contractor, one copy 
 by the School-book Commission, and copied in full upon the minute- 
 book of the commission, and one copy to be filed in the office of the 
 Secretary of State. At the time of the execution of the contract afore- 
 said, the contractor shall enter into a bond in the full sum of not less 
 than one thousand dollars nor more than twenty thousand dollars, 
 payable to the State of Georgia, the amount of said bond within said 
 limits to be fixed by said School-book Commission, conditioned upon 
 the faithful, honest and exact performance of said contracts, and 
 shall further provide for the payment of reasonable attorney's fees 
 in case of recovery on any suit upon the same, with three or more 
 good and solvent sureties, actual citizens and residents of the State of 
 Georgia, or any guarantee company authorized to do business in the 
 State of Georgia may become the surety on the said bond; and it shall be 
 the duty of the Attorney-General to prepare and approve said bond; 
 provided, however, that said bond shall not be executed in a single 
 recovery, but may be sued upon from time to time, until the full amount 
 thereof shall be recovered; and the said School-book Commission, may, 
 at any time, by giving thirty days' notice, require additional security 
 or additional bond within the limits prescribed. And when any persons, 
 firm or corporation shall have been awarded a contract and submitted 
 therewith the bond as required hereunder, the said School-book Com- 
 mission through its secretary, shall so inform the Treasurer of the 
 State, and it shall then be the duty of the Treasurer of the State to 
 return to such contractor the cash deposit made by him; and the said 
 
 65 
 
UNIFORM TEXT-BOOK LAW. 
 
 School-book Commission, through its secretary, shall inform the Treas- 
 urer of the State of the names of the unsuccessful bidders or proposers, 
 and the Treasurer of the State shall, upon receipt of this notice, return 
 to the unsuccessful bidders or proposers the amount deposited in cash 
 by the unsuccessful bidders or proposers at the time of the submission 
 of their bids. But should any person or persons, firm, company or 
 corporation fail or refuse to execute the contract and submit therewith 
 his bond as required by this Act within thirty days of the awarding 
 of the contract to him and the mailing of the registered letter contain- 
 ing the notice (and it is hereby provided that the mailing of the regis- 
 tered letter shall be sufficient evidence that the notice was given and 
 received), the said cash deposit shall be deemed and declared forfeited 
 to the State of Georgia and it shall be the duty of the Treasurer to 
 place said cash deposit in the treasury of the State to the credit of 
 the school fund; and provided, further, that any recovery had on any 
 bond given by any contractor shall inure to benefit of the school fund 
 of the State, and when collected shall be placed in the treasury to the 
 credit of the school fund and be prorated among the several counties 
 of the State. 
 
 Standard of books prices exchange price. 
 
 SEC. 6. Be it further enacted by the authority aforesaid, That the 
 books furnished under any contract shall be equal in all respects to the 
 specimen or sample copies furnished with the bids; and it shall be 
 the duty of the Secretary of State to preserve in his office, as the 
 standards of quality and excellence to be maintained in such books 
 during the continuance of such contract, the specimen or sample copies 
 of all books which have been the basis of any contract, together with the 
 original bid or proposal. It shall be the duty of all contractors to print 
 plainly on the back of each book the contract price as well as the 
 exchange price at which it is agreed to be furnished, but the books sub- 
 mitted as sample or specimen copies with the original bids shall not 
 have the price printed on them before they are submitted to the sub- 
 commission. And the said School-book Commission shall not in any 
 case contract with any person, publisher or publishers for the use of 
 any book or books which are to be or shall be sold to patrons for use 
 in any public school in this State at a price above or in excess of the 
 price at which such book or books are furnished by said persons, pub- 
 lisher or publishers under contract to any State, county or school dis 
 trict in the United States under like conditions prevailing -in that 
 State and in this Act; and it shall be stipulated in each contract that 
 the contractor is not now furnishing, under contract, any State, county 
 
 66 
 
TEXT-BOOK LAW. 
 
 or school district in the United States where like conditions prevail 
 as are prevailing in this State and under this Act, the same book or 
 books as are embraced in said contract at a price lower or less than 
 the prices stipulated in the said contract; and that in case said con- 
 tractors shall hereafter during the term of said conrtact, contract to 
 furnish, or furnish, to any State, county or school district such book 
 or books at a lower price than that named in the contract, such lower 
 price shall become the price of such book or books under the contract 
 entered into with the said School-book Commission. And the said 
 School-book Commission is hereby authorized and directed at any time 
 they find that any books are being sold at a lower price, under contract, 
 to any State, county or school district aforesaid to sue upon the bond 
 of said contractor and recover the difference between the contract 
 price and the lower price at which they find the books are being sold* 
 And in case any contractor shall fail to execute specifically the terms 
 and provisions of his contract, said School-book Commission is hereby- 
 authorized, empowered and directed to bring suit and all damages, the- 
 suit to be in the name of the State of Georgia and the recovery for the 
 benefit of the public school fund. But nothing in this Act shall be con- 
 strued so as to prevent said School-book Commission, and any other con- 
 tractor agreeing thereto, from in any manner changing or altering 
 any contract, provided four members of the State School-book Com- 
 mission shall agree to the change and think it advisable and for the best 
 interest of the public schools of the State. In all other matters a 
 majority of said School-book Commission shall control. 
 
 SEC. 7. Be it further enacted by the authority aforesaid. That it 
 shall be always a part of the terms and conditions of any contract Acts of 
 made in pursuance of this Act, the State of Georgia shall not be liable page 60. 
 to any contractor in any manner, for any sum whatever; but all such 
 contractors shall receive their pay or consideration in compensation 
 solely and exclusively derived from the proceeds of the sale of books, 
 as provided for in this Act; provided further, that the said School- 
 book Commission shall stipulate in the contract for the supplying of 
 any book or books, as herein provided, that the contractor or con- 
 tractors shall take up the school-books now in use in this State and 
 receive the same in exchange for new books at a price not less than fifty 
 per cent, of the contract price; but the exchange period shall not ex- 
 tend beyond the limit of one year from time of the expiration of eon- 
 tracts existing in counties in which said change shall be required under 
 this Act. And each person or publisher making any bid for the sup- 
 plying of any books hereunder shall state in such bid or proposal the 
 exchange price at which such book or books shall be furnished. 
 
 67 
 
UNIFORM TEXT-BOOK LAW. 
 
 Bids may be rejected. 
 
 SEC. 8. Be it further enacted by the authority aforesaid, That the 
 said School-book Commission shall have and reserve the right to reject 
 any and all bids or proposals if said commission be of the opinion 
 that any or all bids should, for any reason, be rejected; and in case 
 they fail from among the bids or proposals submitted to select any 
 book or books upon any of the branches of study herein provided for 
 in this Act, they may re-advertise for sealed bids or proposals under 
 same terms and conditions as before, and proceed in their investiga- 
 tion in all respects as they did in the first instance and as required 
 by the terms and provisions of this Act. 
 
 Proclamation by the Governor. 
 
 SEC. 9. Be it further enacted by the authority aforesaid, That as 
 soon as said Commission shall have entered into a contract or contracts 
 for the furnishing or supplying of books for use in the public schools 
 of this State, it shall be the duty of the Governor to issue his proclama- 
 tion announcing such fact to the people of the State. 
 
 Depositories. 
 
 SEC. 10. Be it further enacted by the authority aforesaid, That 
 the party or parties with whom the contract or contracts shall be made 
 shall establish and maintain in some city in this State a depository 
 where a stock of their books sufficient to supply all the immediate 
 demands shall be kept. They shall also establish and maintain not 
 less than one nor more than three agencies in every county in the 
 State as the State School-book Commission shall deem advisable and 
 demand, for distribution of the books to the patrons ; but the contractor 
 shall also be permitted to make arrangements with merchants or others 
 for the handling and distribution of the books. Any party not living 
 conveniently near an agency or county depository may order any books 
 desired from the central depository direct, and it shall be the duty of 
 the contractor to deliver any books so ordered to the person so ordering 
 to his postoffice address, freight, express, postage or other charges pre- 
 paid, at the retail contract price; provided, that the price of the book 
 or books so ordered shall be paid in advance. All books shall be sold 
 to the consumer at the retail contract prices, and on the cover of each 
 book shall be printed the following: "The price printed hereon is 
 fixed by a State contract, and any deviation therefrom shall be re- 
 ported to your County School Commissioner or to the State School 
 Commissioner at Atlanta"; and it is expressly provided that should 
 
UNIFORM TEXT-BOOK LAW. 
 
 any party contracting to furnish books as provided for in this Act 
 fail to furnish them, or otherwise breach his contract, in addition to the 
 right of the State to sue on the bond herein above required, the County 
 Board of Education may sue in the name of the State of Georgia in 
 any court having jurisdiction and recover on the bond of the contractor 
 the full value of the books so failed to be furnished for the use and 
 benefit of the school fund of the county; provided, that the right of 
 action given to the County Board of Education shall be limited to 
 breaches of the contract committed in that county. 
 
 Powers of Commission. 
 
 SEC. 11. Be it further enacted by the authority aforesaid, That 
 the said School-book Commission may from time to time make any Acts of 
 necessary regulations not contrary to the provisions of this Act, to p^gl' 32. 
 secure the prompt distribution of the books herein provided for and 
 the prompt and faithful execution of all contracts; and it is expressly 
 now provided that said commission shall maintain its organization 
 during the five years of the continuance of the contract, and after the 
 expiration of the same to renew such of them as they deem advisable, 
 or re-advertise for new bids or proposals as required by this Act in 
 the first instance, and enter into such other contracts as they may deem 
 for the best interest of the patrons of the public schools of the State; 
 provided, that any contract entered into or renewed shall be for the term 
 of five years. 
 
 Notice by State School Commissioner. 
 
 SEC. 12. Be it further enacted by the authority aforesaid, That 
 as soon as practicable after the adoption provided for in this Act, the Acts of 
 State School Commissioner shall issue a circular letter to each county page 62. 
 commissioner and city superintendent in the State, and to such others 
 as he may desire to send it, which letter shall contain the list of books 
 adopted, the prices, location of agencies, method of distribution and 
 such other information as he may deem necessary. 
 
 Books adopted to be used to exclusion of others Supplementary 
 readers. 
 
 SEC. 13. Be it further enacted by the authority aforesaid, That the 
 books adopted under the provisions of this Act shall be used to the ^cts of 
 exclusion of all others on the same subject in all the public common page 6-2. 
 schools of the State ; provided, that supplementary readers may be used 
 in any of the common schools of the State, but even supplementary 
 
UNIFORM TEXT-BOOK LAW. 
 
 Acts of 
 1903, 
 page 62. 
 
 readers shall not be used until after the regular readers prescribed have 
 been completed, and in no case shall supplementary readers be used to 
 the exclusion of the regular readers adopted under this Act. 
 
 SEC. 14. Be it further enacted by the authority aforesaid, That 
 any person or persons violating the preceding Section of this Act shall 
 be deemed guilty of a misdemeanor and upon conviction shall be pun- 
 ished by a fine of not less than ten dollars nor more than twenty-five 
 dollars. 
 
 Acts of 
 1903, 
 page 62. 
 
 Acts of 
 
 1903, 
 page 63. 
 
 Acts of 
 1903, 
 page 63. 
 
 Penalties for violation of law. 
 
 SEC. 15. Be it further enacted by the authority aforesaid, That if 
 any county school commissioner fails or refuses to enforce the pro- 
 visions of this Act, said county shall receive no part of the public 
 school fund of the State of Georgia until the provisions of this Act 
 have been complied with. Any teacher of a public common school in 
 this State violating the provisions of this Act shall not receive any 
 salary so long as he or she shall fail to carry out the provisions of this 
 Act. Any teacher who shall use or permit to be used in his or her 
 school any text-book upon the branches embraced in this Act, where 
 the commission has adopted a book upon that branch, other than the 
 one so adopted (except it be supplementary readers as provided in 
 Section 13) shall be guilty of a misdemeanor and shall be punished as 
 provided in Section 14 of this Act. 
 
 SEC. 16. Be it further enacted by the authority aforesaid, That 
 if any local agent, dealer, clerk or other person handling or selling the 
 books adopted under this Act shall demand or receive for any copy of 
 any of the books herein provided for, more than the contract price in 
 cases where the purchase is for cash, he shall be guilty of a misde- 
 meanor, and upon conviction shall for each offense be punished by a 
 fine not less than fifty nor more than two hundred dollars. 
 
 Appropriation for expenses of adoption. 
 
 SEC. 17. Be it further enacted by the authority aforesaid, That the 
 sum of one thousand dollars, or so much thereof as may be necessary, 
 to be paid out of the public school fund, be, and is, hereby appropriated 
 for the purpose of paying the eost and expense of carrying into effect 
 the provisions of this Act. 
 
 Per diem and expenses of members of sub-commission. 
 
 SEC. 18. Be it further enacted by the authority aforesaid, That 
 said School-book Commission shall serve without compensation, and 
 
 70 
 
UNIFORM TEXT-BOOK LAW. 
 
 the members of the sub-commission of five shall be paid a per diem of 
 four dollars per day during the time they are actually engaged not to 
 exceed thirty days, and in addition shall be repaid all money actually Acts of 
 expended by them in the payment of necessary expenses, to be paid out pa ge 63. 
 of the public school fund, and they shall make out and swear to an 
 itemized statement of such expenses. 
 
 Terms of contract. 
 
 SEC. 19. Be it further enacted by the authority aforesaid, That 
 the adoptions made under the provisions of this Act shall continue for 
 five years from the first day of January, 1904, and any adoption of 
 books made after this time shall terminate with all other adoptions on 
 the first day of January, 1904, and that all contracts for school books f 9 C of f of 
 made by county boards of education now existing and extending be- page 6S - 
 yond the first of January, 1904, shall not be affected by this Act, but no 
 new contracts shall be made after the passage of this Act by any 
 county board of education, or by the board of education of any city 
 or town in this State, except the boards of education in Georgia having 
 under their control a system of graded schools in part supported by 
 local taxation and maintained for at least eight months in each year. 
 
 71 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 
 X. 
 
 LOCAL TAX DISTRICT SCHOOLS AND LOCAL TAX 
 BY COUNTIES. 
 
 (AMENDED AUGUST 22, 1907.) 
 
 Acts of 
 1906, 
 page 66. 
 
 Amended 
 Acts of 
 1907, 
 page 106. 
 
 County Boards to. lay off school districts. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia,, 
 and it is hereby enacted by authority of the same, That within thirty 
 days after the passage of this Act, or as soon thereafter as practic- 
 able, it shall be the duty of the County Board of Education of each 
 county in Georgia to lay off the county into school districts, the lines of 
 which shall be clearly and positively denned by boundaries such as 
 creeks, public roads, land lots, district lines or county lines. The 
 school district thus marked out shall contain an area of not less than 
 sixteen square miles, and, when practicable, shall be so shaped as to 
 have the school building as near the center as possible, and no terri- 
 tory shall be included whose occupants reside further than three miles 
 from the school house without written petition of two-thirds of the" 
 qualified voters therein; provided, that the Board of Education may 
 have the right to establish districts with areas less than sixteen square 
 miles where there are natural causes or local conditions that make it 
 necessary to do so. The natural causes which will permit the creation 
 of smaller districts are mountains, streams over which there are no 
 bridges, and dangerous roads. Local conditions which will permit 
 the creation of small districts must be determined by the Board of 
 Education. 
 
 In counties having incorporated towns, now levying a local tax for 
 educational purposes, and operating a public school system under 
 their own charter or special Act of the Legislature, the County Board 
 of Education with the consent of the municipal authorities, may create 
 a school district larger than the incorporated limits of the town by 
 adding adjacent territory not already included in the incorporate limits, 
 and the district thus marked out shall become a school district upon the 
 vote of the people as hereinafter provided, but such school district, 
 including incorporated towns having a population of four thousand or 
 
 72 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 
 more, shall be and remain under the exclusive supervision and direction 
 of the school boards of the previously chartered schools in said class 
 of incorporated towns and not under supervision of the County Board 
 of Education; and the school boards of such chartered schools in in- 
 corporated towns shall be trustees of said school district under this 
 Act; provided further, that if there be located in such district a 
 chartered school controlled by a board of stockholders or by board of 
 directors elected by them, the management and control of said chartered 
 school shall remain in them and they shall have all the rights and 
 privileges of this Act to collect local taxes as hereinafter provided in 
 this Act, and to receive the share of the State public school fund. A 
 map of the county thus laid off, plainly outlining the boundaries of the 
 school district with full description thereof, shall be filed with the 
 Ordinary within forty days after the passage of this Act, or as soon 
 thereafter as practicable, and the boundaries of said school districts 
 shall not be altered any oftener than once a year. The County Board 
 of Education in laying off the county shall disregard any school dis- 
 tricts embracing territory not included in incorporated towns heretofore 
 created by special Act of the Legislature. The failure on the part of 
 any board of education to perform the duties required by this Act, 
 shall be immediately inquired into by the first grand jury sitting after 
 such neglect of duty, and if said grand jury shall find that any member 
 or members of said board have failed to perform their duty it shall 
 report the same to the judge of the superior court, who shall cause a 
 rule nisi to issue against such member or members, and they shall be 
 heard by the judge in their own behalf ; if the said member or members 
 can not give a good and sufficient reason why they have not performed 
 their duties as required by this Act, they shall be discharged, and the 
 said judge shall fill the vacancies until the next grand jury shall meet. 
 
 Election of Trustees. 
 
 SEC. 2. Be it further enacted, That within ninety days after the 
 Board of Education has laid off the county as required in Section 1, 
 the said Board of Education shall order the citizens of the several 
 school districts to hold an election for the purpose of electing three 
 trustees for each district in the county. Said election shall be held at a 
 time and place, and in a manner prescribed by the County Board of 
 Education. The said trustees shall be intelligent citizens of good moral 
 character who are known to be earnest supporters of public education, 
 and they shall serve one for three years, one for two years and one for 
 one year as the County Board of Education may determine. In dis- 
 tricts containing incorporated towns there may be five trustees, one of 
 
 Acts of 
 1906, 
 page 67 
 
 Amended 
 Acts of 
 1907, 
 page 101. 
 
 73 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 
 whom shall be elected for one year, two for two years, and two for 
 three years. The notice of their election shall be filed by the election 
 managers with the County School Commissioner, who shall submit the 
 same to the County Board of Education for their approval. After the 
 said local board of trustees have been approved and properly com- 
 missioned by the County Board of Education it shall meet immediately 
 and organize by electing one of its members president, and one secre- 
 tary and treasurer. If the County Board of Education should consider 
 any member or members unqualified for the work, they shall refuse to 
 confirm the election of such member or members and require the citizens 
 of a district at a time and place and in a manner prescribed by the 
 County Board of Education to elect others. At the expiration of the 
 term of office of the members thus elected the citizens of a district 
 shall meet at a time and place, and in a manner prescribed by the 
 County Board of Education, and elect their successors, who must be 
 approved by the County Board of Education as hereinbefore provided, 
 and the election shall be for a term of three years. If any member 
 should refuse to act, or should be guilty of any conduct unbecoming 
 the dignity of a school trustee, the County Board of Education shall 
 have the right, upon a written complaint of a majority of the voters 
 of the district, to remove said member and have his successor elected 
 as hereinbefore provided. But no trustee shall be removed from office 
 without sufficient proof, and he shall be served with a copy of such 
 complaint at least ten days prior to the day set for the hearing, when 
 such trustee shall be afforded an opportunity to be heard in his 
 defense. 
 
 County elections how ordered who shall vote limit to rate of 
 taxation. 
 
 SEC. 3. Be it further enacted, That whenever the citizens of any 
 county wish to supplement the public school fund received from the 
 State by levying a tax upon the property of the county, it shall be the 
 duty of the Ordinary to order an election, not earlier than twenty 
 days, nor later than sixty days, after receiving a petition of one-fourth 
 of the qualified voters of the county; and notice of the same shall ba 
 published in at least three weekly issues of the county newspaper in 
 which legal advertisements of the county are published. Said elections 
 shall be held as ordinary county elections are held. Those favoring 
 the levying of the local tax shall vote for "Local tax for public schools" ; 
 those opposed shall vote "Against local tax for public schools." The 
 returns of said election shall be made to the Ordinary of the county, 
 who shall declare the results, and two-thirds of those voting shall be 
 
 74 
 
LOCAL TAX DISTRICTS AXD COUNTIES. 
 
 necessary to carry said election for local taxation for public schools. 
 An election for the same purpose shall not be held oftener than every 
 twelve months. No person shall be allowed to vote in said election 
 except those regularly qualified to vote in State and county elections. 
 If the election is carried for local taxation, the Ordinary or Board of 
 County Commissioners, whichever levies the county tax shall levy a 
 local tax as recommended by the county Board of Education upon all 
 the property of the county, not to exceed one-half of one per cent., 
 and the same shall be collected by the county tax collector and paid by 
 him to the County Board of Education. The county tax collector shall 
 keep the funds thus collected separate and distinct from all county 
 and State funds and he shall receive a commission of two and one-half 
 per cent, for collecting the same. Provided, That if there be an in- 
 corporated town in a county holding an election as provided in this 
 Section now operating a public school system, it shall not be included 
 in the election without consent of the municipal authorities, but if the 
 municipal authorities should so wish, they may abolish their syscem 
 by a special Act of the Legislature and avail themselves of the pro- 
 visions of this bill. 
 
 Levy and collection of district tax. 
 
 SEC. 4. Be it further enacted, That whenever the citizens of any Actg 
 
 school district wish to supplement the funds received from the State 1906 
 
 page 69. 
 public school fund by levying a tax for educational purposes, they 
 
 shall present a petition from one-fourth of the qualified voters of the A^ d 
 
 district to the Ordinary who shall order the election not earlier than 1907 > 
 
 page 101. 
 twenty days nor later than sixty days, after the petition is received; 
 
 provided, that notice of same shall be posted in at least three conspicu- 
 ous places in the district ten days prior to the election. The election 
 shall be held at a time and place prescribed by the proper authorities, 
 and under rules governing ordinary elections. Those favoring local 
 taxation for public schools shall vote "For local taxation for public 
 schools"; those opposed shall vote "Against local taxation for public, 
 schools." The returns of said election shall be made to the Ordinary 
 of the county, who shall declare the results and two-thirds of those 
 voting shall be necessary to carry the election for local taxation for 
 public schools. No person shall vote in said election except the regu- 
 larly qualified voters residing in the district six months prior to the 
 election. An election for the same purpose shall not be held oftener 
 than every twelve months. 
 
 75 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 Tax returns in local-tax districts. 
 
 SEC. 5. Be it further enacted, That in those districts which levy 
 a local tax for educational purposes the board of trustees shall make 
 all rules and regulations to govern the schools of the districts, and build 
 ^906, an< ^ equip schoolhouses under the approval of the County Board of 
 
 page 69. Education. They shall have the right to fix the rate of tuition for non- 
 resident pupils and to fix the salaries of the teachers. They shall 
 receive from the County Board of Education the share of public school 
 funds apportioned to the district by the County Board of Education. 
 They shall determine the amount necessary to be raised by local tax on 
 all the property of the district. The Secretary of the Board of Trus- 
 tees of said district, with the aid of the County School Commissioner of 
 said county, shall ascertain from the tax returns made to the tax 
 receiver and from the returns made to the Comptroller-General, the 
 total value of all of the property in said district subject to taxation 
 for county purposes, and a regular digest of all such property 
 in said school district, shall be made by said secretary in a book fur- 
 nished by the Board of Trustees and kept for that purpose. At or 
 before the time of fixing the rate of taxation for said county, the secre- 
 tary of each local Board of Trustees, with the aid of the County 
 School Commissioner, shall levy such rate on the property thus found 
 as will raise the total amount to be collected; provided, that such rate 
 shall not exceed one-half of one per cent. The County School Com- 
 missioner of each county, at or before the time for fixing the rate of 
 said county by the Ordinary thereof, or the County Board of Commis- 
 sioners, as the case may be, shall certify to the said Ordinary, or said 
 Board of Commissioners, as the case may be and to the Comptroller- 
 General of the State the rate of taxation fixed for each school dis- 
 trict in the county, and said taxing authority of said county shall levy 
 such special tax at the same time and in the same manner as is now 
 prescribed for levying taxes for county purposes. 
 
 A copy of the special tax digest of said local tax district shall be 
 furnished by the secretary of the local board of trustees to the tax 
 collector of the county, and it shall be his duty to compute and collect 
 said taxes, keeping the same separate by school districts from the 
 county and State funds, and turn same over to the secretary of such 
 local school districts, as well as tax received for said district from 
 railroads and other corporations that make their returns to the Comp- 
 troller-General, taking the receipt for the same upon order from the 
 County School Commissioner; and said tax-collector shall receive as 
 compensation therefor two and one-half per cent, of the amount 
 collected. 
 
 76 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 
 In any case in which it is impossible to determine from tax returns 
 made to the tax receiver of the county the value of the property of 
 any citizen situated in any school district and subject to taxation in 
 said district, the secretary of the Board of Trustees shall issue a sum- 
 mons to said taxpayer requiring him to make returns within five days 
 to said secretary of his property situated in said district and subject 
 to taxation for school purposes. Should said return be unsatisfactory 
 to said secretary, he shall reject the same and submit said returns to 
 arbitration as is now provided by law for such cases when returns are 
 rejected by tax receivers. 
 
 All property, both real and personal, including franchises belong- 
 ing to railroads, telegraph and telephone companies, and to all other 
 corporations which are now required to make their returns to the Comp- 
 troller-General of this State, which is in the taxable limit of any 
 school district shall be, and the same is, hereby made subject to taxa- 
 tion by said school districts as fully and completely as is the property 
 of the other corporations within such taxable limits. 
 
 It is hereby made the duty of every such corporation in this State, 
 in addition to the facts now required to be shown in their returns to 
 the Comptroller-General to also show in said returns the value of 
 such corporation's property in each of said school districts through 
 which it runs. And for the purpose of enabling such corporation to 
 show in said returns the value of its property in such school districts, 
 it is hereby made the duty of the County Superintendent of Schools 
 of each county to furnish on or before January 1, 1907, to each such 
 corporation, information as to the boundaries of each school district in 
 which such corporation may have property, such as will enable such 
 corporation to determine the amount of its property in such district, 
 and he shall also furnish similar information whenever the boundaries 
 of any school district may be changed. 
 
 The rolling-stock, franchises and other personal property of said 
 corporations shall be distributed to said school districts on the same 
 basis that rolling-stock, franchises and other personal property are 
 distributed to counties and municipalities under the law; that is, as the 
 value of the property located in the particular district is to the whole 
 located property, real and personal of said corporation such shall be 
 the amount of rolling-stock, franchises, and other personal property 
 to be distributed for taxing purposes to each school district. 
 
 All of the other provisions of the Act of October 16, 1889, entitled 
 "An Act to provide a system of taxation of railroad property in each 
 of the counties of the State through which said railroad runs, and to 
 provide a mode of assessing and collecting the same, and for other 
 purposes," in so far as they can be applied are hereby made applicable 
 
 77 
 
LOCAL TAX DISTRICTS AND COUNTIES. 
 
 to the assessment and collection of taxes of all such companies and 
 corporations which are now required by law to make their returns to 
 the Comptroller-General, by and for school districts in this State upon 
 the property and franchises of such companies located in such school 
 districts and upon the rolling-stock, franchises and other personal 
 property distributed under the provisions of this Act. 
 
 Acts of 
 1906, 
 page 72. 
 
 Secretary and Treasurer of Board of Trustees statements and 
 reports. 
 
 SEC. 6. Be it further enacted That the board of trustees may have 
 the right to pay the secretary and treasurer a commission on the 
 amount of local tax collected not to exceed two and one-half per cent., 
 but there shall be no commission allowed on the amount received from 
 the State. They shall furnish quarterly to the County Board of Educa- 
 tion a statement showing all receipts, disbursements, and cash on hand. 
 They shall also furnish statement showing school population, enroll- 
 ment, average attendance, course of study and other data the County 
 Board of Education may require whenever called upon to do so. 
 
 Acts of 
 
 1906, 
 page 72. 
 
 Acts of 
 1906, 
 page 72. 
 
 General school laws to be observed. 
 
 SEC. 7. Be it further enacted, That while it is the purpose and 
 spirit of this Act to encourage individual action and local self-help 
 upon the part of the school districts it is expressly understood that the 
 general school laws of this State as administered by the County Board 
 of Education shall be observed. 
 
 SEC. 8. Be it further enacted That all elections held under the 
 provisions of this Act shall be governed as to registration and qualifi- 
 cation of voters as the general law governing special elections provides. 
 
 Acts of 
 1909, 
 page 159. 
 
 Provisions for voting out the local tax. 
 
 SECTION 1. Be it enacted by the General Assembly of Georgia, 
 That the above recited Act be amended by adding a Section appro- 
 privately numbered, to-wit.< An election for repealing the local tax law 
 provided for in this Act when same has been established for over three 
 years shall be called as in first instance. And if abolished by vote 
 under similar regulations as in first instance, no new election for re- 
 creating same shall be called within one year. If not abolished by 
 vote, no election for the same purpose shall be called within one year. 
 
 78 
 
DECISIONS AND INSTRUCTIONS OF STATE SCHOOL COMMISSIONERS. 
 
 XI. 
 
 EXTRACTS FROM DECISIONS AND INSTRUCTIONS OF STATE 
 SCHOOL COMMISSIONERS. 
 
 Note 1. Resignation should be tendered to Governor. 
 
 When a member of a Board, or a County School Commissioner 
 desires to resign, he should tender his resignation to the Governor, 
 and not to the Board or Grand Jury. 
 
 G. J. Orr, Instructions March, 1876. 
 
 Note 2. Requisites of certificates of election. 
 
 The certificate of the election of members of the County Board 
 must have the following requisites: 
 
 1. It must be officially signed by the Clerk of the Superior Court 
 and must be under his seal of office. 
 
 2. It must give the names of the members of the Board chosen, 
 and must state whom they succeeded. 
 
 3. It must state how the latter vacated their offices. 
 
 4. It must state the term of court at which the action was taken. 
 When a vacancy is filled by the Judge of the Superior Court, the 
 
 above rules will apply to the certificates then given, except, where, 
 from the nature of the case they are inapplicable. 
 
 G. J. Orr, Instructions March, 1876. 
 
 Note 3. The Bible in the public schools. 
 
 The Bible can not be excluded from the public schools of the State. 
 
 The proviso interdicting the exclusion of the Bible from the public 
 schools is the law in places where local school laws are in operation 
 as well as elsewhere. 
 
 G. J. Orr Instructions April 1878. 
 
 Note 4. Disturbing schools. 
 
 Persons who wilfully interrupt or disturb any public school, private 
 school or Sunday-school are guilty of a misdemeanor, and, on convic- 
 tion, are punishable as provided in Section 4310 of the Code of 1873. 
 
 (See Code Vol. III. Sec. 427.) 
 
 G. J. Orr Instructions 1882. 
 
 79 
 
DECISIONS AND INSTRUCTIONS OF STATE SCHOOL COMMISSIONERS, 
 
 Note 5. Pupil going from one district school to another. 
 
 The proper rule is that a pupil can go from one public school to- 
 another only by consent of the Board, or County School Commissioner, 
 for a good and sufficient cause, the Board of Commissioners being the 
 judge. 
 
 J. S. Hook Instructions January 10, 1888. 
 
 Note 6. Original jurisdiction in revoking teacher's license. 
 
 "Original jurisdiction in the revoking of a teacher's license rests 
 with the County School Commissioner. Appeals on such action of the 
 County School Commissioner come only before the County Board of 
 Education." 
 
 S. D. Bradwell, 1895. 
 
 Note 7. Final choice of teachers and power to make contracts is 
 with county board. 
 
 "The law does not compel County Boards of Education to confirm 
 the choice of local trustees in selecting teachers even when such teach- 
 ers are regularly and legally appointed. The final choice of teachers,, 
 and the power to make contracts with teachers are vested, under the 
 law wholly in the County Board of Education." 
 
 G. E. Glenn November 13, 1899. 
 
 Note 8. Teacher's contract is an entire contract. 
 
 "The appeal states that after teaching seventy-seven and one-half 
 days, the said teacher resigned the said school, to accept another posi- 
 tion, but his resignation was not accepted by the County Board; that 
 previous to his resignation he had received payment for fifty-eight 
 days; that he had taught nineteen and one-half days, for which he had 
 received no pay; that the County Board of Education refused to pay 
 for teaching the nineteen and one-half days because the contract is- 
 considered by said Board as an entire contract, and it was not fulfilled. 
 
 "In this case, the Board of Education, under the circumstances, 
 would not abuse the discretion given it by law, if claims to said teacher 
 were approved and paid, but in refusing to pay the said claim for 
 teaching nineteen and one-half days, the Board has not violated the law 
 of contracts. This contract is in the nature of an entire contract." 
 
 W. B. Merritt, April 7, 1904. 
 
 80 
 
DECISIONS AND INSTRUCTIONS OF STATE SCHOOL COMMISSIONERS. 
 
 Note 9. Plan for operating schools for five or more consecutive 
 months. 
 
 Generally it is more satisfactory to have the schools taught during 
 consecutive months of the fall, winter and spring. Some counties have 
 for one year operated their schools for three months in the spring, 
 during November and December the school term of that year was com- 
 pleted; beginning in January, a session of three or four months of the 
 next year immediately followed. This plan has given good results in 
 attendance and in the progress of pupils. A very great benefit has 
 come to schools of these counties from the fact that this arrangement 
 enables County Boards to pay teachers with very little delay. It is 
 much easier to secure teachers if they are assured that they will be 
 paid promptly and that they will not be compelled to have their salaries 
 discounted. I ask the careful consideration of your Board to this 
 plan, which is working so satisfactorily in many counties. 
 
 The months in which the schools may be taught during the school 
 year, or calendar year, may be selected by the County Boards of Edu- 
 cation as they think best, but it will not be lawful for a County Board 
 of Education to approve for payment out of the funds appropriated 
 for one year any teaching that was done during any days except those 
 included in the calendar year for which appropriations have been made. 
 To illustrate: the contracts with teachers for the school year of 1905, 
 and the claims of teachers based upon this contract, should be in con- 
 sideration of teaching that is done only during the school year of 1905. 
 Tr. B. Merritt, Circular Letter, August 17, 1904. 
 
 Note 10. The Right of the County Board of Education to apportion 
 State School Funds. 
 
 The question presented is whether or not the County Board of 
 Education has the right to apportion the State School Fund as in its 
 judgment may appear just and wise, or whether the Board is compelled 
 to make this distribution on a strict per capita basis to the various dis- 
 tricts after deducting administrative expenses. The law is silent upon 
 this point. It is specific in requiring the distribution of the State 
 School Funds to the various counties and independent or town systems 
 upon the per capita basis according to the children of school age. The 
 very silence of the law with regard to school districts under the general 
 authority of the County Board of Education, in my opinion, is proof 
 that the Legislature did not intend to force the apportionment as in 
 the cases mentioned where it is specific. The exact wording "They (the 
 Trustees) shall receive from the County Board of Education the share 
 of the public school fund apportioned to the district by the County 
 
 81 
 
DECISIONS AND INSTRUCTIONS or STATE SCHOOL COMMISSIONERS. 
 
 Board of Education," indicates that the right of apportionment is left 
 to the County Board, it being understood, of course, that the funds shall 
 be distributed upon an equitable and fair basis. It sometimes hap- 
 pens that a certain school by reasons of various circumstances may 
 require less money for maintenance than another. The qualification 
 of the teacher, the grade of license, and various other considerations 
 may properly affect the amount of money which the Board of Education 
 may deem wise to apportion to any particular school. 
 
 In my opinion, therefore, the County Board of Education has the 
 right to apportion public school funds, and while this Board should be 
 guided in the distribution of the State Funds by the general per capita 
 basis of the State less the administrative expenses, this body may fix 
 the apportionment for any school or district as the circumstances may 
 require and as may be for the best interests of the district and county 
 as a whole. 
 
 M. L. Brittain, April 26, 1911, 
 
 Note 11. Districts should be divided only when the best interests 
 of the schools demand. 
 
 Recent school legislation gives the County Board of Education the 
 right to separate or divide school districts under certain circumstances. 
 While this is true, the General Assembly provides a restrictive clause 
 which declares that this may be done only "when the best interests of 
 the schools demand." It is a fact generally recognized by competent 
 educational authorities that centralized and consolidated schools serve 
 the people better and are more effective. This being true, the State 
 expects school officials to be leaders in guiding public sentiment in 
 the right direction and boards of education should not take advantage 
 of the law mentioned to multiply districts and schools. Previous legi- 
 slation indicates that, in the opinion of the General Assembly, school 
 districts should contain an area of at least 16 square miles. 
 
 M. L. Brittain, October 17, 1911. 
 
 Note 12. Voters in local tax election. 
 
 Since you have three public school systems created by special act 
 of the Legislature which are now levying local school tax, the qualified 
 voters of these towns do not participate in this election. Further- 
 more, the number of qualified voters in these three towns must be sub- 
 tracted from the total number in the county, and one-fourth ! of the 
 remainder under the law will suffice to call the election. The reason 
 for this is plain : these towns already have what the rest of the county 
 desires to secure, and should neither be allowed to prevent the calling 
 
 82 
 
DECISIONS AND INSTRUCTIONS OF STATE SCHOOL COMMISSIONERS. 
 
 of the election nor to forestall the other citizens from securing the 
 same privilege of better schools. 
 
 3/. L. Brittain, December 24, 1913. 
 
 Note 13. Teachers not to be summarily discharged without cause. 
 
 Without fixed charges, it is not according to the letter or spirit of 
 the Georgia law for a teacher to be summarily discharged at the whim 
 of a Board without trial after being elected for a specified term, unless 
 such provision is stated in the contract. 
 
 3/. L. Brittain, January 8, 1916. 
 
 83 
 
OFFICIAL OPINIONS OF ATTORNEY-GENERAL. 
 
 XII. 
 
 EXTRACTS FROM OFFICIAL OPINIONS OF ATTORNEY- 
 GENERAL. 
 
 Note. 1. Limit of time in using school fund. 
 
 "The appropriation which the State makes yearly is, in a sense, a 
 contribution by the people of the State to assist in the education of" 
 the children thereof, and a limitation of time and age is placed on each 
 beneficiary. I recognize that it is the policy of the law-makers to clothe 
 the several Boards of Education in this State with almost supreme 
 power in the administration of the public school fund and to lodge 
 with the Board such discretion is wise, but I am persuaded that for a 
 Board to exercise the discretion to the extent of using money appro- 
 priated one year for another, would run counter to the legislative 
 scheme and would be an abuse of discretion." 
 Extract from letter of Attorney-General John C. Hart, July 1, 1903. 
 
 Note 2. School population basis for apportionment of school funds 
 to local school systems. 
 
 I therefore advise, irrespective of any directions to the contrary in 
 the Act creating the local school systems that you adopt the rule of ap- 
 portionment between the local system and the county, using as a basis, 
 "the proportion which the school population of the local system bears 
 to the school population in the county." To illustrate where the state 
 has set apart $2,000 to a county as its pro rata part of the public school 
 fund, and the county has in it school population of 2,000 people, and 
 within the county is a local system having a school population of 500, 
 the pro rata of money in that case due to the local system is the pro- 
 portion which 500 bears to 2,000. 
 
 Extract from letter of Attorney -General John C. Hart, August 26, 
 1903. 
 
 Note 3. School officials can not discount claims of teachers. 
 
 "In reply to your inquiry this day submitted, viz., whether a 
 county school commissioner or members of the Boards of Education 
 of this State may buy up at a discount, or in any manner speculative,. 
 
 84 
 
OFFICIAL OPINIONS OF ATTORNEY-GENERAL. 
 
 in what are known as county orders or "scrip," or contracts which are 
 to be paid out of the public funds of this State; I beg leave to say 
 I think such officers are public officers in the sense that it is made a 
 misdemeanor for them to purchase such order, scrip or contract, as 
 provided by Section 277 of the Penal Code." 
 Extract from letter of Attorney-General John C. Hart, Nov. 1905. 
 
 Note 4. Managers of local tax elections to be paid out of school 
 fund for that district. 
 
 "I am not advised of any law in express terms authorizing the 
 payment of managers for holding elections by county boards of educa- 
 tion. The law provides for holding the elections. It is hardly con- 
 ceivable that managers should hold elections without compensation. I 
 have advised that when an election is held for local taxation that it 
 would be proper under the general powers conferred upon boards of 
 education to advance the cause of education to provide for the pay- 
 ment of managers of a local election out of the funds apportioned to 
 that district. Unless the power which I have referred to is not suffi- 
 ciently broad to authorize the payment of managers, then, as stated, 
 I know of no other source from which they could be paid. 
 
 "I think therefore that it is proper for the managers to be paid out 
 of the funds apportioned to that district holding the election." 
 
 Extract from a letter of Attorney-General Hart, June, 1908. 
 
 Note 5. Elections for local tax by counties or by districts can not 
 be repeated oftener than every twelve months, but a district 
 election may be held sooner when the county election failed. 
 
 "The McMichael Act by Section 3 thereof providing for an election 
 at the instance of the county for the purpose of supplementing the 
 public school fund by levying a tax upon the property of the county 
 provides 'an election for the same purpose shall not be held oftener 
 than twelve months.' That is to say if the county voting as such fails 
 to adopt county taxation that no election should be held for that pur- 
 pose until after the expiration of twelve months. The McMichael Act 
 by Section 4, providing for a local tax that is to say a district tax, to 
 supplement the funds received from the State for educational pur- 
 poses, provides f an election for the same purpose shall not be held 
 oftener than every twelve months'. That is to say, if the district votes 
 against the adoption of a local tax no other election can be held by it 
 as a district until the expiration of twelve months. 
 
 "There is, however, in the Act no inhibition where a county as such 
 votes for local tax and fails that a district within the county may 
 
 So 
 
OFFICIAL OPINIONS OF ATTORNEY-GENERAL. 
 
 not vote thereon within twelve months. The policy as expressed in the 
 McMichael Act is to advance the cause of education by providing for 
 taxation either by county or by district and the Act should be con- 
 strued in the light of its clearly denned purpose. I am therefore of 
 the opinion that notwithstanding a county having voted against county 
 taxation that a district desiring to vote thereon need not wait twelve 
 months before submitting the question of a local tax to the voters of 
 the local district." 
 Extract from a letter of Attorney -General Hart, September, 1908. 
 
 Note 6. Person may not hold but one county office at one time, 
 but may hold two public offices. 
 
 "Replying to your letter requesting my opinion whether a judge of 
 a city court may also at the same time be a member of the county 
 board of education, I beg to advise : 
 
 "He would be eligible. The Section of the Code 224, Vol. I, 
 inhibits a person holding at one time more than one county office, but 
 there is no express provision of law inhibiting the holding of two 
 public offices at one time, assuming that the duties are not incompatible. 
 It does not occur to me that there could possibly be any conflict in 
 discharging the duties of the two offices." 
 Extract from opinion of Attorney-General Hart, March 16, 1910. 
 
 Note 7. Election expenses. 
 
 Under the Acts of the General Assembly approved December 17th, 
 1896 (Acts 1896, page 40) the expenses of an election held in a county 
 to determine whether there shall be local taxation for the support of 
 public schools, as provided for under the McMichael Act, should be 
 paid by the county and should not be taken from the common school 
 fund of such county. 
 
 Attorney -General H. A. Hall, January 4, 1911. 
 
 86 
 
DECISIONS OF SUPREME COURT. 
 
 XIII. 
 EXTRACTS FROM DECISIONS OF SUPREME COURT. 
 
 
 Note 1. Discretion in continuing or discontinuing schools. 
 
 The County Board of Education of Richmond County has the dis- 
 cretionary power, under the law, of establishing or discontinuing high 
 schools at such points in the county as the interest and convenience of 
 the people may require. 
 
 Under the facts of this case, there was no abuse of such 'discretion 
 by the County Board in discontinuing the high school established for 
 the colored race, although it left in operation a similar school for white 
 females and contributed to the support of the high school for white 
 boys and girls, which, however, it had not established. (Georgia 
 Report. Vol. 103. page 641). 
 
 Note 2. The municipality marks the limits of the school district. 
 
 In an opinion rendered by the Supreme Court, through Justice 
 Lumpkin, on January 14, 1913, it was decided that the provisions of 
 the Constitution authorize the legislature to grant authority to munici- 
 pal corporations to establish and maintain public schools in their re- 
 spective limits by local taxation. 
 
 In other words, in accordance with a previous decision, rendered 
 by Justice Candler. there is no authority for incorporating a school 
 district and marking off a town inside of it, the town to exercise all 
 the municipal functions and the school district none. Further that 
 it is illegal to establish the form of a municipal corporation in a rural 
 district with practically no other powers than the management of 
 schools. 
 
 Note 3. Two-thirds to repeal local tax. 
 
 In an opinion of the Supreme Court rendered August 13, 1913, 
 appealed from Dade County, through Justice Atkinson, it was decided 
 that it did not require a two-thirds majority vote to retain local tax in 
 a school district when the effort was made to repeal this tax after it 
 had been in force three years. In other words, in effect, the decision 
 is that it requires two-thirds to disestablish the tax, just as it required 
 that majority to place it upon the district in the first instance. 
 
 Note 4. The county school board apportions the funds. (See note 
 10, page 55) 
 
 In an opinion of the Supreme Court, through Justice Evans, on 
 November 15, 1913. it was decided that local tax districts (McMichael) 
 are not taken from the supervision of a County Board of Education in 
 their control over the distribution and apportionment of the public 
 school fund for the counties, and further that the Boards have full 
 authority in their discretion either to fix salaries for the payment of 
 teachers or to pay them according to enrollment or attendance. 
 
 87 
 
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 UNIVERSITY OF CALIFORNIA LIBRARY