UC-NRLF
::
11
AS
;NDED IN
SUPERINTENDENT OF PUBLIC INSTRUCTION
PRINTED AND FOR SALE BY
> COUNTY SUPPLIES. OMAHA
GIFT OF
SUPERINTENDENT OF PUBLIC \t
THE
NEBRASKA
SCHOOL LAWS
1915 EDITION
Superintendent of Public Instruction.
PRINTED AND FOR SALE BY
K-B PRINTING CO.
SCHOOL SUPPLIES
OMAHA
Contents
CHAPTER 71
Schools. -Pages
Article I. School districts .- 21-30
II. District meetings 31-40
III. District officers . . / 40-42
IV. Powers and duties of district officers 42-50
V. District board powers and duties 50-50
VI. Districts containing more than one hundred fifty pupils. . 56, 57
VII. Rural high schools 57-61
VIII. Free high school education 62-65
IX. County high schools 65-69
X. Normal training in high schools : 69-74
XII. State fire day and fire instruction 74
XIII. Teachers' certificates 74-80
XIV. Teachers and teachers' institutes 80-84
XV! County superintendent 84-87
XVI. State superintendent " 87-89
XVII. School house sites 89-91
XVIII. School books 91-93
XIX. Compulsory education 94-96
XX. School funds 97-100
XXI. Miscellaneous provisions 100-103
XXII. Schools in cities of over fifteen hundred inhabitants 103-110
XXIII. Schools in cities of first class Omitted
XXIV. Schools in metropolitan cities Omitted
XXV. State normal schools 110-113
XXVI. State university 113
XXVII. Experiment stations Omitted
County rural school districts 113-122
CHAPTER 8
Bonds and Indebtedness of Counties and Municipalities.
Article I. General provisions 123
III. Compromise of indebtedness 123, 124
VIII. School district bonds 124-129
CHAPTER 68
Article XVII. Warrants 130-132
XVIII. Investment of public funds 132-133
CHAPTER 32
Interest 134
MISCELLANEOUS
Exceptions from operation of primary election 134
Business colleges 134
Dixon and Alt survey 135
Recovery upon forfeited recognizance 135
Fire escapes and toboggans 136
Education of children in poor house 137
State holidays and "flag days" 137
Child labor law 138
CRIMINAL CODE. CHAPTER 9
Article III. Tobacco and cigarettes 139
Regulations for the Quarantine, Care and Disinfection of Contagious Diseases
Rules adopted by State Board of Health 140-142
381699
MODEL RURAL SCHOOL BUILDING.
Front view. Estimated cost $900 to $1500, according to completeness of
equipment.
Rear view of the same building. Up-to-date plan of lighting.
Special attention has been given in the above model floor plan to have
the interior arranged according to the most modern ideas.
THE MODEL RURAL SCHOOL BUILDING.
[By an Architect.]
The plan as laid out contemplates either an entirely new building, or the
ordinary rectangular plan rural school building remodeled, and is designed
to embody all of the latest ideas pertaining to lighting, heating and venti-
lating.
The- system of lighting is what is known as the unilateral or one-side
lighting, by which the light is brought from a number of windows located to
i he left of the pupil, and set as close to the ceiling as practicable. The high
windows shown at the rear are not essential, as the proper amount of glass
surface is contained in the bank of windows to the left.
-The heating and ventilating is accomplished in the same manner as in
the most modern gravity heating plants in larger buildings that is, the air
is brought in from the outside well above the grade line. In this case it is
brought through the lower window in the front gable, drops down the air
shaft back of the heater, and ascends between the jacket and the heater. By
means of a series of baffle plates the air is passed over the heating surface
but never corning in contact with the fire, passes out above the heater and
exhausts into the room, as indicated by the darts, directly toward and
against the cooling surface, which is the windows on the left of the room.
The tipper part of the receptacle which receives this heater curves outward
jit the toj) so as to deflect the warm air into the room. As the air leaves the
li eater, being pure and warm it rises to the ceiling and would remain there
were it not for the large ventilating flue and vent register at the bottom,
which takes off the lower strata of air, allowing the pure warm air to fall
equally all over the room. This entirely eliminates all currents and drafts
and holds the temperature of the room the same in all parts. To absolutely
insure an ascending current of air in the vent flue at all times there is an
iron plate set vertically between the heat and vent flue just opposite where
the smoke pipe enters. The heat from the smoke pipe heats this iron plate,
which in turn heats the air in the vent flue, causing an upward current
which pulls the air out of the schoolroom as above mentioned.
The apparatus as described and laid out is practical I ly fireproof, and
much safer than stoves, as there is a double jacket between "the fire and the
woodwork at any point, and between these jackets is constantly passing a
current of air. It would be next to impossible to build a fire intense enough
to set the building on fire. While this plant includes all the desirable fea-
tures of the more elaborate and more expensive plants used in larger build-
ings, it has the distinct advantage of not being a patented article and can
be installed without the payment of any royalties whatever, at the same
time being practical and economical.
The fuel room is sufficiently large to hold fuel for at least a week, it
being assumed that the janitor or person in charge can fill the same at the
end of the week and do away with the dust and dirt caused by bringing in
fuel from the outside many times during the day.
The work room is large and well lighted and heated directly from the
school heater, and is separated from the main schoolroom by a rolling parti-
tion or sliding door, permitting the same to be thrown into the main school-
room when desired.
The closet adjacent is designed for the use of the teacher.
The building as designed can be built of either frame or masonry, and
if of frame the only masonry required would be the foundation walls and
smoke and vent flues.
PREFACE
This volume is public property. It is to be kept in the custody of the
school officers and produced by them at all meetings of the district for con-
sultation by the voters, and must be delivered to their successors in office.
The new laws have been incorporated under appropriate subdivisions
and properly indexed so that little difficulty need be experienced in finding
them.
Supreme Court decisions and important decisions of the state superin-
tendents from 1881 to 1911 have been carefully classified and placed under
the section of the school law to which the decision applies.
The legislature has declared that the decisions of the state superintendent
shall be held to have the force of law until reversed by the courts, and it is
a fact worthy of notice that the supreme court of the state has reversed only
two rulings of this department within the last twenty years. >
It must be remembered that the decisions are based upon the laws now in
force. Every legislature makes some changes in the school laws. Hence, these
rulings will necessarily be modified by new laws enacted or old ones amended
or repealed. In cases where there is no law to govern and no decision of the
court to guide, the state superintendent has been governed by the counsel
of the attorney general of Nebraska and by the supreme court rulings Of other
states.
Article 22 relating only to South Omaha, article 23 relating only to
Omaha, article 25 relative to the University and article 26 on experiment
stations, have been omitted on account of their dealing with questions not
common to the general public.
The main subject of each section has been printed in bold-faced type as
a matter of convenience for reference. The most important supreme court
decisions relating to school matters and recent official decisions of this
department have been added. It is hoped that these features will commend
this edition to all who may have occasion to use it.
IMoasc note that ALL REVISIONS by the Legislative Session
of lt)15 are printed in BLACK FACE TYPE, like this paragraph.
Superintendent of Public Instruction.
Lincoln, June 1, 1915.
BUSINESS CALENDAR
I. DISTRICT MEETINGS. Page
1. Time of holding (annual meeting) second Monday of June 31
2. Place of holding 31
(a) In schoolhouse, if there be one, or,
(b) In some other suitable place in the district.
3. Special meeting 31
(a) By whom and how called.
(b) Object of meeting must be stated.
(c) Fifteen days' notice necessary 32
4 Notice of meeting 32
(a) Posted in three public places in the district.
(b) Posted fifteen days before date of meeting.
(c) State the day, hour, and place of meeting.
(d) Must so state, if change of site or levy for building will be
considered.
5. Qualifications of voters at district meetings 32
(a) The voter (man or woman) must be twenty-one years of age.
(b) The voter (man or woman) must have resided in the district
for a period of forty days immediately preceding the meet-
ing.
(c) The voter (man or woman) must be the owner of real estate
in the district, or must own personal property that was
assessed in his (or her) own name at the last annual assess-
ment, or must have children of school age residing in the
district.
(d) Challenge 33
6. Business that may be transacted only at an annual district meeting 34
(a) Change the location of schoolhouse site.
(b) Determine the amount of money required.
1. For maintenance the ensuing year (not to exceed 35
mills) 35
2. For free high school fund in accordance with itemized
estimate of county superintendent 65
(c) Determine the number of mills (not exceeding ten) on the
dollar of assessed valuation to be expended for building,
purchase, or lease of schoolhouse, when there are no bonds
voted for such purposes 35
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(d) Give directions for the expenditure of the building fund.. 36
(e) Determine the length of time school shall be taught in the
district the ensuing year, subject to the provisions of sec-
tion 46, article 2; and whether the money appor-
tioned or voted for the support of the school therein shall
be applied to the winter or summer term or a certain por-
tion to each 37
(f) Regular election of necessary officers must be by ballot.
(Officers can be elected at special meetings only to fill
vacancies) 40
(g) Require the director to present an itemized estimate of the
amounts necessary to be expended during the ensuing
year for all purposes, also a statement of all orders drawn
on the county treasurer and on the district treasurer. ... 48
(h) The minutes of the meeting should be read, corrected (if
necessary), and approved by a vote of the meeting. The
minutes must contain a clear statement of every item of
business transacted at the meeting 48
7. Business that may be transacted at either an annual or special
district meeting 34
(a) Adjourn for the purpose of designating schoolhouse site. ..34
(b) Direct purchasing or leasing of an appropriate site 34
(c) Direct building, hiring, or purchasing a schoolhouse 34
(d) Transfer money from one fund of the district to another,
after the purpose for which it was raised has been accom-
plished, and after all debts for which the fund is liable
have been discharged 36
(e) Direct by a two-thirds vote the sale of any schoolhouse,
site, building, or other property belonging to the district,
when no longer needed for the use of the district 38
(f) Direct and provide for the prosecution or defense of any
proceeding in which the district may be an interested
party 38
(g) Elect officers to fill vacancies 55
(h) May direct, by a two-thirds vote, the school board to con-
tract with a neighboring district for instruction of pupils 102
II. DISTRICT BOARD.
1. Report taxes voted at the annual meeting, including free high school
tax 50
2. Deliver estimate of free high school tax levy to county superinten-
dent and county clerk when annual meeting refuses or neglects
to vote same 64
3. Have general care of the*school, classify the scholars, and provide
a course of study by consent and advice of county superintendent 51
THE NEBRASKA SCHOOL LAWS 13
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
4. Determine rates of tuition of non-resident pupils 52
5. Suspend or expel pupils 52
6. Purchase or lease site; build, hire, or purchase schoolhouse when
directed by voters 53
7. Have care and custody of schoolhouse and other property. . . . .~ . 54
8. Fill vacancy by appointment 55
9. Contract with neighboring district 102
10. Provide transportation 102
11. Shall present at annual meeting statement in writing of receipts
and expenditures, funds on hand and estimate for ensuing year 57
12. Appoint physician 94
13. Provide and care for outhouses 55
14. Close school for Institute 84
III. MODERATOR.
1. Administer oath to director and treasurer 43
2. File acceptance of office. 41
3. Countersign all orders and warrants 42
4. Preside at district meetings 42
5. Order arrest of disorderly person at district meeting 43
6. Approve treasurer's bond 43
7. Contract with teacher 46
IV. TREASURER.
1. File official bond within ten days after election 43
2. Apply for and receive moneys from the county treasurer 44
3. Pay district moneys on the order of the director, countersigned by
the moderator 44
4. Record receipts and disbursements 44
5. Report at annual meeting receipts and disbursements 44
6. Turn over to successor official books, papers, and funds 45
7. Appear for the district in suits brought by or against it 45
8. Contract with teacher 46
V. DIRECTOR.
1. Report taxes voted at the annual meeting, free high school levy
separately. The reports must be signed by all the officers of the
board, and delivered to the county clerk (a duplicate to the
county superintendent), by the first Monday in July 35, 50, 67
2. File acceptance of office 41
3. Draw and sign all orders and warrants 44, 49
4. Shall be clerk of district board and district meetings 45
14 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
5. Record all proceedings of the district 45
6. Preserve copies of reports to the county superintendent 45
7. Contract with teachers, with consent and advice of the moderator
and treasurer or one of them, or under their direction 46
8. Notify the county superintendent of contract with teacher 46
9. Take census, together with the names of all the taxpayers in the
district, within ten days before the last Monday in June 47
10. Present to the annual meeting an estimate of expenses and prob-
able amount of taxes for the ensuing year 48
11. Report to the annual meeting the business transactions of the board
for the past year 49
12. Give notice of annual meeting at least fifteen days before the
second Monday in June 49
13. Report to the county superintendent within ten days after the
annual meeting 49
14. Furnish the annual meeting a statement of the aggregate assessed
valuation of the taxable property in the district 50
15. Approve monthly report of teacher 80
16. Require report of attendance of children 95
17. Give notice to parent or guardian 95
18. Make complaint against parent or guardian 95
VI. TEACHER.
1. Must have certificate 74, 80, 108
2. Examination 77
3. Make monthly report to the director 80
4. Fill out term summary and send copy to the county superintendent 81
5. Must attend institute 83
VII. COUNTY SUPERINTENDENT.
1. Form new districts and change district boundaries 21-26, 103
2. Notify taxable inhabitant of the formation of a new district . . 26
3. Divide district property upon the formation of a new district 26
4. Sell schoolhouse when ordered by the district 27
5. Report to county clerk and county treasurer change in district
boundaries, and keep in the office of the county clerk a map of the
school dictricts of the county 28
6. Determine site for schoolhouse in new district 34
7. Appoint district officers 41, 55
8. Apply for writ of mandamus against district officers 42
9. Admininster oaths for the purpose of attesting school reports and
the administration of the school law . . 87
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COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
10. Notify director to transfer pupils to adjoining districts, and notify
the county clerk of said transfer 101
11. Examine all candidates as teachers for the public schools 77
12. May revoke certificate 78
13. May act as third officer in district having but two legal voters 2<)
14. Grant certificates to teachers in such forms as shall be prescribed
by the state superintendent 77
15. Receive all blanks and communications from the state superintend-
dent and dispose of same 86
16. Visit each of the schools in his county at least once in each year,
and consult with teachers and district boards 86
17. Promote the improvement of tjie schools in his county by public
lectures, teachers' institutes, etc 86
18. Examine district reports and return same for correction when
necessary '. 87
18a. Report to the state superintendent when required, and be subject
to rules and instructions prescribed by the state superintendent 87
19. Notify the district officers of report due a/id not received 87
20. Report to the superintendent of the institute for the blind and to
the superintendent of the institute for the deaf and dumb 87
21. Must attend normal institute in his district 83
22. Apportion state school funds to the districts of his county within
twenty days after warrant is received from state auditor 98
23. Appoint appraisers of schoolhouse site, condemned 89
24. Assist in appraisal of claims or assets in division of district within
metropolitan cities 89
25. File official bond of $1,000. (See sections 5 and 19, chapter 10,
Compiled Statutes of Nebraska.)
26. Notify teachers of institute 84
27. Notify school boards to close school during institute 84
28. Deliver to district board on or before second Monday in June esti-
mate of amount required to pay free high school tuition 63
29. Deliver to county clerk an itemized estimate of free high school
tax levy when district fails to vote free high school tax 64
30. Certify under oath to the state superintendent on or before the
second Monday in October, number of districts entitled to
state aid 39
THE PROVISIONS OF THE CONSTITUTION OF THE
STATE OF NEBRASKA RELATIVE TO EDUCATION^
ARTICLE VIII. EDUCATION.
Section 1. Board of educational lands and funds. The governor,
secretary of state, treasurer, attorney general, and commissioner of public
lands and buildings shall, under the direction of the legislature, consti-
tute a board of commissioners for the sale, leasing, and general manage-
ment of all lands and funds set apart for educational purposes, and for the
investment of school funds in such manner as may be prescribed by law.
Authority to invest a portion of the fund cannot be conferred by legislative enactment
upon the treasurer. 40 Neb., 298.
Sec. 2. Property, how used. All lands, money, or other property,
granted or bequeathed, or in any manner conveyed to this state for edu-
cational purposes, shall be used and expended in accordance with the terms
of such grant, bequest, or conveyance.
Sec. 3. Permanent school fund. The following are hereby declared
to be perpetual funds for common school purposes, of which the annual
interest or income only can be appropriated, to wit:
First Such per centum as has been or may hereafter be granted by
Congress on the sale of lands in this state.
Second All moneys arising from the sale or leasing of sections num-
ber sixteen and thirty-six in each township in this state and the lands selected
or that may be selected in lieu thereof.
Third The proceeds of all lands that have been or may hereafter be
granted to this state, where by the terms and conditions of such grant, the
same are not to be otherwise appropriated.
Fourth The net proceeds of lands and other property and effects that
may come to the state, by escheat or forfeiture, or from unclaimed dividends,
or distributive shares of the estates of deceased persons.
Fifth All moneys, stocks, bonds, lands, and other property now be-
longing to the common school fund.
Cited 5 Neb., 206.
Sec. 4. Temporary school fund. All other grants, gifts, and devises
that have been or may hereafter be made to this state, and not otherwise
appropriated by the terms of the grant, gift, or devise, the interest arising
from nil the funds mentioned in the preceding section, together with all the
rents of the unsold school lands, and such other means as the legislature may
provide, shall be exclusively applied to the support and maintenance of
CIHIIMIOII schools in each school district in the state.
5 Neb, lOIi, 206. 15. Id., 610 16 Id., 680.
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Sec. 5. Fines and licenses. All fines, penalties, and license moneys
arising under the general laws of the state shall belong and be paid over to
the counties respectively where the same may be levied or imposed, and all
fines, penalties, and license moneys arising under the rules, by-laws, or ordi-
nances of cities, villages, towns, precincts, or other municipal subdivisions
less than a county, shall belong and be paid over to the same respectively.
All such fines, penalties, and license moneys shall be appropriated exclusively
to the use and support of common schools in the respective subdivisions
where the same may accrue.
5 Neb., 310, 516. 8 Id., 31162. 9 Id., 184, 352, 404. 11 Id. 557. 14 Id., 479. 17 Id.,
224. 27 Id., 64. 28 Id., 254. 29 Id., 288, 348.
Where a liquor license has been issued and is thereafter cancelled without fault of the
licensee, he is entitled to a repayment pro tanto of the sum paid for the unexpired time.
Neb., 858.
Sec 6. Common schools. The legislature shall provide for the free
instruction, in the common schools of this state, of all persons between the
ages of five and twenty-one years.
Sec. 7. Distribution of income Provisions shall be made by general
law for an equitable distribution of the income of the fund set apart for the
support of the common schools among the several school districts of the state,
and no appropriation shall be made from said fund to any district for the
year in which school is not maintained at least three months.
5 Neb., 104.
Sec. 8. Educational lands Price. University, agricultural college,
common school, or other lands, which are now held, or may hereafter be
acquired by the state for educational purposes, shall not be sold for less than
seven dollars per acre, nor less than the appraised value.
Sec. 9. Funds to remain inviolate. All funds belonging to the state
for educational purposes, the interest and income whereof only are to be
used, shall be deemed trust funds held by the state, and the state shall
supply all losses thereof that may in any manner accrue, so that the same
shall remain forever inviolate and undiminished; and shall not be invested or
loaned except on United States or state securities, or registered county
bonds of this state; and such bonds, with the interest and income thereof,
are hereby solemnly pledged for the purpose for which they are granted and
set apart, and shall not be transferred to any other fund for other uses.
Cited 15 Neb., 610, 684. 16 Id., 680. 25 Id., 660. 39 Id., 353. 41 Id., 227. 66 Id.
381.
Sec. 10 University. The general government of the University of
Nebraska shall, under the direction of the legislature, be vested in a board
of six regents, to be styled the Board of Regents of the University of Nebraska,
who shall be elected by the electors of the state at large, and their term of
office, except those chosen at the first election as hereinafter provided, shall
be six years. Their duties and powers shall be prescribed by law, and they
shall receive no compensation, but may be reimbursed their actual expenses
incurred in the discharge of their duties.
5 Neb., 426. 17 Id., 612
Sec. 11. No sectarian instruction. No sectarian instruction shall be
allowed in any school or institution supported in whole or in part by the
THE NEBRASKA SCHOOL LAWS 19
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public funds set apart for educational purposes; nor shall the state accept
any grant, conveyance, or bequest of money, lands, or other property, to be
used for sectarian purposes.
65 Neb., 877.
Bible reading in the public schools. Chief Justice Sullivan asserts that the law does not
forbid the use of the Bible in public schools. The point where the courts may interfere is where
the use of the Bible in a public school has degenerated into abuse, where a teacher instead of
giving secular instruction had violated the constitution by becoming a sectarian propagandist.
The court holds that whether it is prudent or politic to permit the reading of the Bible in the
schools is a question for the school authorities, but whether the practice has taken the form of
sectarian instruction is a question for the courts to determine upon evidence. Every alleged vio-
lation must be established by competent proof.
Sec. 12. Reform schools. The legislature may provide by law for the
establishment of a school or schools for the safe keeping, education, employ-
ment, and reformation of all children under the age of sixteen years who,
for want of proper parental care, or other cause, are growing up in mendicancy
or crime.
THE
SCHOOL LAWS OF NEBRASKA
Chapter 71.
ARTICLE I.
SCHOOL DISTRICTS.
SECTION
6700. School and district construed.
6701. District a body corporate.
6702. Division of counties.
6703. Foundation of new districts.
6704. Notice by superintendent.
6705. Notice to voters.
6706. Return of notice.
6707. Same record evidence.
6708. Division of district property indebt-
edness.
6709. Same bonded indebtedness.
6710. Same collected.
6711. Same payment.
6712. Sale of property.
6713. Division of proceeds.
6714. Division of teachers' fund.
SECTION
6715. Floating indebtedness.
6716. Report change in district map.
6717. Unsatisfactory division of property.
6718. Arbitration.
6719. Award final.
6720. Arbitrators' fees.
6721. District in two counties.
6722. Depopulated districts.
6723. Same annexation to adjoining districts
6724. Closing up affairs of same.
6725. Debts taxes.
6726. Superintendent bond.
6727. Same report.
6728. Same compensation.
6729. Districts containing three or less sec-
tions of land.
6700 Section 1.* School and District Construed. The term school
district as used in this chapter is declared to mean the territory under the
jurisdiction of a single school board authorized by this chapter. The term
school shall be construed to mean a school under the jurisdiction of a school
board authorized by this chapter.
6701 Sec. 2. District a body corporate. Every duly organized school
district shall be a body corporate, and possess all the usual powers of a corpora-
tion for public purposes, by the name and style of "school district number
, of county," and in that name may sue and be sued,
purchase, hold, and sell such personal and real estate as the law allows.
See Sec. 60, article 3. No cause of action will accrue to school district, as a corpora-
tion, against county superintendent for the manner in which he may exercise his discretion in
changing the boundaries of districts. 23 Neb., 661. See 11 Id., 285. 12 Id., 241. 22 Id., 205.
28 Id., 254. 30 Id., 363.
6702 Sec. 3; Division of counties. Each organized county not already
divided into school districts, or any part of such counties not so divided,
shall be divided by the county superintendent into as many school districts
as may be necessary.
Territory not hitherto organized into school districts may be divided at the discretion
of the county superintendent.
Districts should be limited in extent by the distance that scholars are able to attend
school. 9 Neb., 366. County superintendent has exclusive original jurisdiction. 35 Neb.
400. 51 Id., 570.
*The section numbers 1, 2, 3, etc., refer to sections in Chapter 71 (schools) of the Statute
as revised and codified by the commission appointed for the purpose.
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6703 Sec. 4. Formation of new districts. New districts may be formed
from other organized districts, and boundaries of existing districts may be
changed, under the following conditions only:
First Discretion of county superintendent to create a new district.
The county superintendent shall have discretionary power to create a new
district from other organized districts upon a petition signed by one-third of
the legal voters in each district affected.
Second Discretion of county superintendent to change boundaries.
The county superintendent shall have discretionary power to change the
boundaries of any district upon petitions signed by one-half of the legal
voters in each district affected. He shall also have discretionary power
to annex to any existing district any territory not organized into districts,
upon petitions signed by one-half of the legal voters in the district and
in the territory proposed to be annexed; Provided, upon the peti-
tion of any freeholder or freeholders to a Board consisting of the county
superintendent, county clerk and county treasurer, asking to have any land
described therein set off from the district in which it is situated and attached
to some other district, which petition shall show that the land therein de-
scribed is owned by the petitioner or petitioners, and that the land joins the
district to which it is to be attached; which petition shall also state the reasons
for such proposed change, and no change shall be made unless it is shown
that the territory proposed to be attached has children of school age residing
thereon with their parents or guardians, that they are each more than two
miles from the school house in their own district and at least one-half mile
nearer to the school house in the adjoining district, said distance to be meas-
ured by the shortest route possible upon section lines or traveled roads open
to the public, and shall be verified by the Oath of the petitioner or petitioners;
the board may thereupon change the boundaries of the districts so as to set
off the land described in the petition and attach it to such adjoining dis-
trict as is called for in the petition whenever they shall deem it just and proper
and for the best interest of the petitioner or petitioners so to do.
Third Shall not refuse the petition of two-thirds. The county super-
intendent shall not refuse to change the boundary line of any district, or
to organize a new district, when he shall be asked to do so by a petition from
each school district affected signed by two-thirds of all the legal voters in
such district, nor to annex to an existing district any territory not organized
into districts when asked to do so by petitions signed by two-thirds of the
legal voters of the existing district and the territory proposed to be
attached. A notice of the petition containing an exact statement of what
changes in district boundaries are proposed, and when the petition is to be
presented to the county superintendent, shall be posted in three public
places, one of which places shall be upon the outer door of the schoolhouse,
if there be one, in each district affected, or territory not organized into dis-
tricts proposed to be attached to an existing district, at least ten days
prior to the time of presenting the petition to the county superintendent.
Provided, on January 2, 1910, any territory which is not then a part of
any school district shall, by the county superintendent of the county in
which such territory lies, either be organized into new districts or attached to
THE NEBRASKA SCHOOL LAWS 23
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
one or more adjoining districts. Provided further, changes affecting cities
hall be made upon the petition of the board of education of the district or
districts affected.
Fourth. Two districts made from one. Two districts may be made
rom one by the county superintendent upon a petition from each district
proposed signed by a majority of the voters in each district proposed. One
district may be discontinued, and its territory attached to other adjoining
districts, upon petition signed by one-half of the legal voters in each district
affected.
Fifth List of voters. A list or lists of all the legal voters in each district
(or territory) affected, made under the oath of a resident of each district (or
territory) affected, together with an oath of a resident of each district
(or territory), that the legal notice provided for in the third clause of
this section has been properly posted, shall be given to the county superin-
tendent when the petition is presented. By legal voters herein is meant all
who are legal voters at an election for school district officers.
Sixth New district, when formed. No new district shall be formed
between the first Tuesday of April and the first day of October.
This does not apply to change of boundaries nor to consolidation of districts.
Seventh Extent of district. No new district shall be formed con-
taining less than four (4) sections of land, nor shall any district be reduced
by division or otherwise so as to contain less than that amount, unless the
district so formed, or the part of a district remaining after division, shall
have an assessed valuation of property of not less than fifteen thousand
($15,000) dollars; Provided, when streams or water courses make it im-
practicable to form districts containing four sections, then the county
superintendent may form districts with less than four sections without regard
to valuation. When streams of water make it impractible for children to
attend school in their own district, the county superintendent shall have
authority, and it shall be his duty, when requested by the parents or guardians
of such children, to attach to adjoining districts such territory as he may
deem necessary for the purpose of giving the children school privileges. When
a district is reduced in size by the annexation of a part of its territory to a
city district as provided by law, or when a portion of a district is cut off from
school privileges by a river changing its channel, so that such part remain-
ing after such annexation or the portion so cut off by change of a river
channel shall contain less than two sections of land and fewer than twenty
(20) persons of school age, the county superintendent shall have authority,
and it shall be his duty to attach such remainder or portion to adjoining
districts, provided this can be so done that no pupil in such remainder or
portion shall be more than two and one-half miles from the nearest school-
house in the district in which such pupil is so placed.
Eighth Petitions filed. The county superintendent shall file in his
office all petitions that have been granted for change of boundaries or for
the formation of new districts, and such petition shall be prima facie evidence
of the boundaries of districts; and all conflicting records of boundaries shall
be made to correspond with the petitions so filed.
24 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
Sec. 4 A. Consolidation. Districts located contiguous to each
other may unite and form one consolidated district in the manner
following?
(a) The hoards of directors in the districts affected shall
require their secretaries to give at least ten days' notice of the
time and place for a meeting of the electors residing in each of
said districts whenever each of said district hoards shall agree
to order such an election, or whenever a written request of one-
fifth of the legal voters is presented to their respective boards in
favor of uniting. Notice of such election shall be given by posting
written or printed notices in at least five public places in each of
said districts. At the meeting thus called the electors shall vote
by ballot for or against a consolidated organization of those of
said districts which vote in favor of consolidation. Those districts
which are adjoining and in which a majority of the votes cast at
the election are in favor of such consolidation, shall thereby be
organized as a consolidated school district. The directors of the
districts so consolidated shall notify the county superintendent
of the organization so affected, and the county superintendent
shall make record of the fact and proceed to notify the county
clerk and to alter the county school district map as directed by
law. The county superintendent within ten days after the for-
mation of said consolidated district shall call a meeting of the
electors as provided by law for the organization of new districts.
At said meeting the qualified electors shall proceed to elect a
school board as provided by law. The consolidated district when
organized shall be governed by all laws enacted for the government
of schools. Districts adjacent to an existing high school district
may consolidate therewith under the provisions of this act,
and districts adjacent to each other may consolidate for the
purpose of maintaining a high school, either as a separate school
or as a part of a consolidated grade and high school for such
districts.
(b) The district board of any consolidated school district
shall provide for the comfortable transportation of pupils of said
consolidated district living two or more miles from the school
attended, by the usual traveled road, in a safe and inclosed con-
veyance or conveyances, properly heated, and said district board
is authorized to establish such rules and regulations as may be
necessary for carrying out the provisions of this act. At any
regular annual school district meeting in such district, it shall
be lawful for the qualified voters therein by two-thirds vote to
suspend the provision for the district transportation of pupils
and the said action shall be confirmed by the county superintend-
ent upon a satisfactory showing that individual arrangements
have been made for all necessary transportation of pupils without
cost to the district.
(c) One school district may be discontinued and its territory
THE> T EBRASKA SCHOOL LAWS 25
~* COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
attached to an adjoining consolidated school district upon a peti-
tion signed by one-half of the legal voters of the district discon-
tinued provided that a majority of the voters, attending the
annual meeting or a special meeting called by the board for that
purpose, in the consolidated district vote in favor of annexing
said territory.
(d) A consolidated district may be formed under the provis-
sions of this act any time during the year.
(e) All consolidated districts organized in accordance with
the provisions of this act and all school districts containing
twenty-five sections or more which are now or may be hereafter
organized and which provide for comfortable transportation of
pupils living two or more miles from school and maintain suitable
grounds and a two room school building 'and the necessary de-
partments and equipment for teaching agriculture and home
economics or other industrial and vocational subjects in addition
to the regular course of study and employing teachers holding a
certificate showing their qualifications to teach said subjects, and
in which said subjects are provided as a part of the regular course
in such instruction, shall be awarded and paid from the state
treasury from moneys not otherwise appropriated, the sum of
$100 toward the equipment required, and the further sum of
$150 annually.
(f) All consolidated districts organized in accordance with
the provisions of this act and all school districts containing
twenty-five sections or more which are now or may be hereafter
organized and which provide for comfortable transportation of
pupils living two or more miles from school and maintain suit-
able grounds and a three room building and the necessary de-
partment and equipment for teaching agriculture and home
economics or other suitable and vocational subjects in addition
to the regular course of study, and employing teachers holding
certificates showing their qualifications to teach said subjects,
and in which said subjects are provided as a part of the regular
course in such schools, subject to the approval of the superin-
tendent of public instruction, shall be awarded and paid from the
state treasury, from moneys not otherwise appropriated, the
sum of $150 toward the equipment required and the further sum
of $200 annually.
(g) All consolidated districts organized in accordance with
the provisions of this act and all school districts containing twenty-
five sections or more which are now or may be hereafter organized
and which provide for comfortable transportation of pupils
living two or more miles from school and maintain suitable
grounds and a four or more room school building and the neces-
sary departments and equipment for teaching agriculture and
home economics or other suitable and vocational subjects in
addition to the regular course of study, and employing teachers
26 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP 8t BARTLETT CO.. OMAHA.
holding certificates showing their qualifications to teach said
subjects, and in which said subjects are provided as a part in the
regular course in such schools, subject to the approval of the
superintendent of public instruction, shall be awarded and paid
from the state treasury, from moneys not otherwise appropriated
the sum of $250 toward the equipment required and the further
sum of $300 annually.
6704 Sec. 5. Notice by Superintendent. Whenever the county
superintendent of any county shall form a new district, it shall be the duty
of the superintendent to deliver to a taxable inhabitant of such district
a notice in writing of the formation of such district, describing its boundaries,
and specifying the time and place of holding the first meeting, which notice,
with the fact of such delivery, shall be entered upon the record by the super-
intendent.
The record should contain a minute detail of all proceedings in relation to the forma-
tion of the new district and of the amount justly due the new from the old district out of which
it may have been formed. 6 Neb., 545.
6705 Sec. 6. Notice to voters. The notice shall also direct such
inhabitant to notify every qualified voter of such district, either person-
ally or by leaving a written notice at his or her place of residence, of the time
and place of holding such meeting, at least five days before the time appointed
therefor; and it shall be the duty of such inhabitant to notify the qualified
voters of said disrtict accordingly.
Every qualified voter should be notified; but a failure to notify one or more would not
invalidate the action of the meeting unless fraud could be shown. (See section 8.) For defi-
nition of "qualified voter," see sections 34 and 35, article 2.
6706 Sec. 7. Return of notice. The inhabitant, when he shall
have notified the qualified voters as required in said notice, shall endorse
thereon a return, showing such notification with the date or dates thereof,
and deliver such notice and return to the chairman of the meeting.
6707 Sec. 8. Same record evidence. The chairman shall de-
liver such notice and return to the director chosen at such meeting, as here-
inafter provided, who shall record the same at length in a book, to be
provided by him at the expense of the district, as a part of the records
of such district, which records shall be prima facie evidence of the facts
therein set forth and of the legality of all proceedings in the organiza-
tion of the district prior to the first district meeting, but nothing in this
section contained shall be so construed as to impair the effect of the record
kept by the county superintendent as evidence.
6708 Sec. 9. Division of district property indebtedness. When a
new district is formed in whole or in part from one or more districts possessed
of a schoolhouse or other property, the county superintendent, at the time of
forming such new district, or as soon thereafter as may be, shall ascertain and
determine the amount justly due to such new district from any district or
districts out of which it may have been in whole or in part formed, which
amount shall be ascertained and determined as nearly as practicable according
to the relative value of the taxable property in the respective parts of such
former district or districts with the whole value thereof at the time of such
THE NEBRASKA SCHOOL LAWS 27
COMPILED BY KLOPP ft BARTLETT CO., OMAHA.
division, and the fact that the schoolhouse or other property is not paid for
shall not deprive such new district of its proportionate share of the value
thereof; Provided, Such new district shall remain bound for such indebtedness
to the same extent as though the new district had not been formed; unless_in
case of indebtedness not bonded the same shall be adjusted as hereinafter
provided.
The division of school districts and school property is one of the most important and
delicate of the superintendent's duties, always to be performed with care and deliberation.
The division of property should be made when the district is divided, or as soon as possible
thereafter. Where there are debts, which must be paid by the old district, they should be
taken into account in the division of property. The superintendent must use his best judg-
ment in estimating the value of school property, keeping in mind that the law requires him
to "ascertain and determine the amount justly due to the new district. Section 11 states
clearly how this money is to reach the treasury of the new district.
In applying sections 9 and 11 to the division of a district which is bonded, it must be
remembered that the bonds are of the nature of a mortgage on all the land and property of
the original district, and that this incumbrance cannot be removed from any part of it by the
division. 54 Neb., 171.
When the division of a district has been completed by a county superintendent, his
successor cannot re-open and adjust it again; but a superintendent who finds out that he has
made a serious mistake may correct such mistake within reasonable time.
To divide a joint district the same formalities are requisite as in any other. A peti-
tion should be presented to the superintendent of each county affected.
Debts of a district cannot be divided and apportioned without the consent of creditors.
After the division, the old district has no authority to use property or funds to which
the new one is entitled. 4 Neb., 267. Where there is no finding or determination whatever
by the superintendent as to property of any kind retained by a district out of which a new
district was formed, his certificate to the county clerk, stating the amount of tax to be levied
on the old district to be paid to the new when collected, is a nullity. 6 Neb., 539. Certifi-
cate of superintendent of amount found due, sufficient to authorize levy of tax. 12 Neb.,
327. See also, 13 Id., 177. 17 Id., 177. 19 Id., 485.
6709 Sec. 10. Same bonded indebtedness. If the old district
shall be subject to any bonded indebtedness, and the amount to which such
new district shall be entitled on account of any such property shall not exceed
its proportionate share of such bonded indebtedness, the amount to which the
new district shall be entitled as aforesaid shall be apportioned so as to come
due in installments proportionately at such times as the original indebted-
ness shall become due to the creditors of the old district.
6710 Sec. 11. Same Collected. The amount of such propor-
tion, when so ascertained and determined, shall be certified by the county
superintendent to the county clerk, who shall present the amount to the
county board at the session next succeeding, whose duty it shall be at
the proper time or times to assess the same upon the taxable property
of the district retaining the schoolhouse or other property of the former
district, in the same manner as if the same had been authorized by a vote of
such district, and the money so assessed shall be placed to the credit of the
new district.
The action of the district is not required to levy the tax thus made necessary, and it
s beyond its control. The county commissioners are the proper persons to levy it.
The whole amount need not be levied at once, but may be put into two or more levies.
6711 Sec. 12. Same payment. When collected, the amount shall be
paid over to the treasurer of the new district, to be applied to the use thereof
in the same manner, under the direction of its proper officers, as if such sum
had been voted and raised by the district for building a schoolhouse or other
district purposes.
6712 Sec. 13. Sale of property. Whenever, by the division of
any district, the schoolhouse or site thereof shall no longer be conveniently
28 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO., OMAHA
located for school purposes, and shall not be desired by the district in which
it may be situated, the county superintendent of the county in which such
schoolhouse and site shall be located may, when ordered by the district,
advertise and sell the same at public or private sale, and apportion the pro-
ceeds; Provided, when sold at private sale the sale shall not be binding until
approved by the district interested.
For errors of judgment and mistakes in the performance of this onerous duty the super-
-ntendent is not pecuniarily responsible, unless there is evidence of fraud. The superintendent
should take ample time and acquaint himself fully with the facts.
6713 Sec. 14. Division of proceeds. The money arising from the
sale of schoolhouse and site, or otherwise, except teachers' fund shall be
divided among the several districts created in whole or part from the
divided districts as nearly as practicable in proportion to the taxable property
of the districts formed in whole or in part by such division.
6714 Sec. 15. Division of teachers' fund. Money on hand belonging
to the teachers' fund of said district shall be divided in proportion to the num-
ber of pupils in each district at the time of such division. The money desig-
nated in this and the preceding section shall be divided at once, and not in
the manner provided in the fourth next preceding section.
Money on hand when a district is divided is to be treated as follows: The teachers'
fund, including proceeds of tax for teachers' wages and the state apportionment, according to
section 15; that is, in proportion to the number of children in the district at the time of. divi-
sion. The remaining funds (both in county and district treasury) will be divided according
to section 14; that is, in proportion to the taxable property of the districts concerned.
When a county superintendent has ordered money paid by one district to another,
and the district neglects or refuses to pay it, the treasurer of the district to which the money
is due may apply to the court for a mandamus to compel the officers of the delinquent dis
trict to pay the money.
6715 Sec. 16. Floating indebtedness. Whenever a new district
shall be organized from the territory of a former district, and there shall be
any indebtedness of such former district which shall not be bonded, such
unbonded indebtedness shall be taken into account in estimating the sum
due from the old to the new district on account of schoolhouse or other prop^
erty, and the new. district shall be entitled to only the value of its propor-
tionate share of the property after deducting its like share of the indebted-
ness.
Where several districts are consolidated, the new district not only becomes invested
with the property rights of the former, but also becomes answerable for their debts. 51 Neb. 1.
6716 Sec. 17. Report change in district map. Every change in
district boundary lires must be reported as soon as made to the county clerk
and the county treasurer by the county superintendent; and the county
superintendent shall keep in the office of the county clerk a map of the school
districts of the county, which map shall be revised as often as the boundary
lines of districts are changed or new districts formed. The county superin-
tendent shall also report to the county treasurer the necessary changes to be
made upon the tax lists of the county. Upon receiving said notification, it
shall be the duty of the county treasurer to adjust the tax list of the county
in accordance with the change of district boundaries, so that the uncollected
taxes levied upon property that has been transferred to another school dis-
trict, shall, when collected, be placed to the credit of the district to which
such property has been transferred.
THE NEBRASKA SCHOOL LAWS 29
COMPILED BY KLOPP & BARTL.ETT CO.. OMAHA.
6717 Sec. 18. Unsatisfactory division of property. Whenever a dis-
trict is dissatisfied with the division of school property made by the county
superintendent, the points in dispute may be referred to three disinterested
persons, no one of whom shall be a resident of either district interested injhe
matter at issue, one to be chosen by the school board of each district, ami
these two to choose a third, and the decision of any two of them shall be final.
6718 Sec. 19. Arbitration. The manner of proceeding shall be
substantially as follows: The district desiring an arbitration shall make a
demand in writing of the county superintendent within ten days after the
superintendent has made his award. The county superintendent shall notify
the other district or districts, and direct them to choose arbitrators. The
county superintendent shall appoint a time and place for the hearing, at
which the arbitrators shall proceed immediately to hear and determine the
matter at issue according to justice and right, taking all the circumstances
into consideration.
6719 Sec. 20. Award final. The award of arbitrators shall be in writ-
ing and shall be filed with the county superintendent, and shall be final; Pro-
vided, if no award is made by the committee within thirty days from the day
of arbitration, the division made by the county superintendent shall be
legal and valid.
6720 Sec. 21. Arbitrators' fees. The fees of such arbitrators
shall be as follows: Each person engaged as arbitrator shall receive two
dollors per day during the time necessarily occupied, to be paid equally by
the districts.
6721 Sec. 22. District in two counties. When persons living in two or
more counties desire to form a school district, it shall be the duty of the
superintendents of the respective counties to authorize the persons to
organize such district, and the reports contemplated in this chapter shall be
made to the superintendents of each county, parts of which form the district,
of such property or children as may be within the limits of each such
organized county.
6722 Sec. 23. Depopulated districts. In case the number of legal
voters in any district becomes less than three, the county superintendent shall
act as the third officer of such district.
6723 Sec. 24 Same annexation to adjoining districts. When for
a continuous period of one year a district shall have less than two legal voters
residing therein, the county superintendent may, in his discretion, annex the
the district to one or more adjoining districts, upon petitions signed by a
majority of the legal voters of such adjoining district or districts; Provided,
if any school district shall, for two consecutive years, fail to maintain
a public school, as required by law to do, it shall be the duty of the county
superintendent of the county in which such district lies, to attach the territory
of such district to one or more adjoining school districts.
6724 Sec. 25. Closing up affairs of same. When for a continuous
period of one year a district shall have less than two legal voters residing
therein, who for a period of two consecutive years shall fail or neglect to
maintain its district organization, it shall be lawful, upon a petition being
30 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO.. OMAHA
presented for that purpose by the resident voter 'of said district, or by the
county superintendent of the county in which the district is situated, for
any court of competent jurisdiction of such county to authorize the county
superintendent of the county in which such district is located to close up the
affairs of said district. Twenty days previous to any action on the part of
the county superintendent notice of such action on the part of the court shall
be made public in some legal newspaper circulating in such county. The said
county superintendent thus authorized shall have power, and it shall be his
duty to take possession of all -school property belonging to such district. If
there be funds belonging to the district in the hands of the county treasurer,
the county superintendent shall proceed to pay off the indebtedness of the
district, issuing orders upon the county treasurer for the payment of such
indebtedness. If there be no funds in the hands of the county treasurer to
the credit of the district, the county superintendent shall, on order of the
court, advertise and sell at public auction the school property of said district,
placing the money thus obtained in the hands of the county tresaurer to the
credit of the aforesaid district, and issue orders upon it as above.
6725 Sec. 26. Debts taxes. If any indebtedness still remain un-
paid, the county board of the county shall determine the rate of taxation
necessary to pay such indebtedness, and shall cause such taxes to be levied
upon all property in the district and collected as other taxes.
6726 Sec. 27. Superintendent bond. Before entering upon such
duties, the county superintendent shall execute a good and sufficient bond
to the people of the State of Nebraska, to be approved by the judge of the
court, in double the amount of the value of all property which in the opinion
of the court shall be entrusted to his care.
6727 Sec. 28. Same report. It shall be the duty of the county
superintendent to file an itemized report in said court, showing the disposition
of all property and money received by him in the transaction, and such
report shall be a part of the official records of the court.
6728 Sec. 29. Same compensation. For performing the duties
hereby imposed, it shall be lawful for the court to award to the county super-
intendent such compensation as in its judgement shall be just and right;
and such amount and costs of court shall be a claim against the district.
6729 Sec. 30. Districts containing three or less sections of land.
When any school district has only three sections of land or less than three sec-
tions of land the county superintendent, county clerk and county board shall
have authority and it shall be their duty, upon petition of the district board or
board of education of such school district, to make such changes in the bound-
aries of such district and of any or all districts continguous thereto as in their
judgment will be just and equitable.
Sec. 30a. Districts containing less than six sections of land.
That when any school district, which maintains a graded school
of not less than ten regular grades, contains less than six sections
of land, the county superintendent, county clerk and county
board shall have authority, and it shall be their duty, upon peti-
tion of the district board or board of education of such school
THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO., OMAHA
31
district, to make such changes in the boundaries of said district
and of all districts contiguous thereto as, in their judgment, will
be just and equitable.
ARTICLE II.
DISTRICT MEETINGS.
SECTION
6730. Annual Meeting.
6731. Special meetings.
6732. Notice of meetings.
6733. Qualification of voters.
6734. Challenge oath.
6735. Perjury.
6736. Challenge to viva voce vote.
6737. Adjournment change of site.
6738. When superintendent shall fix site.
6739. Purchase or lease of site or schoolhouse
tax.
6740. Estimate and levy for general school
purposes.
SECTION
6741. Joint district certificate of valuation.
6742. Joint district levy
6743. Tax for legal purposes.
6744. Same how expended.
6745. Time school taught.
6746. Sale of property.
6747. Suits, district interested in.
6748. Procedure where district fails to provide
for school.
6749. Five months school.
6750. State aid to weak districts.
6751. Supeiintendent apportion to severa
districts.
6730 Sec. 31. Annual meeting. The annual school meeting of each
school district shall be held at the schoolhouse, if there be one, or at some
other suitable place within the district, on the second Monday of June of
each year. The officers elected as hereinafter provided shall take possession
of the office to which they have been elected upon the second Monday of
July, and the school year shall commence with that day.
No authority to adjourn election. 15 Neb., 447. Cited 33 Id., 335. See, also, 32,
Id., 370.
6731 Sec. 32. Special meetings. Special meetings may be called by
the district board, or any one of them, on the written request of any five legal
voters of the district, by giving the notice required in the next succeeding
section; arid in all notices of special meetings the object of the meeting shall
be stated, and no business shall be transacted at such meetings except such
as is mentioned in the call.
Upon the presentation of a petition signed by five legal voters of the district, the board
at their discretion, or any member of the board, may call a special meeting by posting the
proper notices. However, it is not obligatory upon the members of the board to call such a
meeting.
A^ special school district meeting has no authority to determine the length of school to
be held in the district the ensuing year, nor to determine at what time in the year such term
hall be held. The legal action of the annual meeting upon these subjects is final.
In case a district has no school officers, the county superintendent should call a special
meeting for the election of school officers upon the petition of five legal voters of said district.
In case there are not five legal voters in said district, then every legal voter should sign the peti-
tion for a special meeting. If said voters should refuse to sign such petition, then the county
superintendent should apply to the district court for a writ of mandamus to compel such voters
to make legal provision for school in such district.
A majority of the legal voters of a district, at a special meeting, may re-consider their
previous action at a special meeting.
Questions which can be determined only at an annual meeting cannot be changed at a
special meeting.
32 THE NEBRASKA SCHOOL LAWS
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No business ran be transacted at a special district meeting except that specified in the
( all for said meeting; but the fact of doing business not mentioned in the call does not invali-
date action with reference to business which was specified in the call.
The names of the five persons who made the request for the call should be recorded in
the minutes. The district officers may constitute three of the five. When a special meeting
adjourns to another time, new notices should be put up; but a failure to do this would not ren-
der the adjourned meeting illegal.
An annual or special meeting held in the evening (after night) would not be illegal.
One copy of the notice of school district meetings should be posted upon the schoolhouse door.
6732 Sec. 33. Notice of meetings. All notices of annual or special
meetings, after the first meeting has been held as hereinbefore provided, shall
state the day, hour and place of meeting, which place shall be within the
district, and shall be given at least fifteen days previous to such meeting, by
posting up copies thereof in three public places within the district; but no
annual meeting shall be deemed illegal for want of such notice. No
schoolhouse site shall be changed nor taxes voted for building, purchase or
lease of a schoolhouse at any district meeting unless notices shall have been
given of such meeting as above provided, including therein the fact that such
subjects will then be considered.
The official certificate of the director of a school district that notice of a certain special
school meeting held in said district was given by posting up notices of said meeting twenty
days before the holding thereof, in three 9f the most public places in said district, which cer-
tificate was introduced and received in evidence under a stipulation of parties, in which it was
recited that such "stipulation is for the purpose of using the same as testimony, instead of the
plaintiff or defendant being obliged to take depositions to prove the same," held, to be evi-
dence of the due publication of the notice of the calling of such special school meeting. 21
Neb., 725.
6733 Sec. 34. Qualifications of voters. Every person, male or female,
who has resided in the district forty days and is twenty-one years old and who
owns real property or personal property that was assessed in the district in
his or her name at the last annual assessment, or who has children of school
age residing in the district, shall be entitled to vote at any district meeting
or school election held in any district, village, or city; Provided, all
electors at school elections held in cities where registration of voters is re-
quired shall comply with the provisions of such registration law before they
shall be entitled to vote.
*A person who owned property in a school district on April 1 preceding the election,
which property was subject to assessment, has the property qualification for a voter at school
election.
Penalty for illegal voting. This act provided that any person who shall vote in any school
district in this state in which he has not actually resided ten days, or such length of time as required
by law, next preceding the election, or into which he shall have come for temporary purposes merely,
shall, on conviction thereof, be fined in any sum not less than twenty-five ($25) cL.lars or more
than one hundred ($100) dollars, or be imprisoned in the jail of the proper county not more than
six months.
Any person who has resided in the district forty days and is twenty-one years old, and
who owns personal property that was assessed in the district in his or her own name at the last
annual assessment, is entitled to vote at any district meeting. The law places no limit as
to the amount of taxable property necessary to entitle the holder to vote. The chairman of
the meeting has no right to demand the production of tax receipts by persons offering to vote.
The ownership of real property, which confers the right to vote at a district meeting,
must be an actual and present ownership such as would entitle the voter to the use and con
trol of the property in question. A prospective or contingent right, like that of dower or
curtesy, would not constitute such ownership as this statute requires. Important recent
decisions of our supreme court declare the right of dower to be a "charge or incumbrance"
upon the property, similar in its effect to a mortgage or lien. This, however, would not en-
title the holder of such a right to be considered as a voter, any more than would the holding of
a mortgage confer such a right upon the mortgagee. Therefore, a wife who has no children
of school age and owns no real property in her own name and no personal property assessed
in her name at the; last annual assassment, would not become a legal voter by virtue of her
husband's 9wnership of such property, although she possesses the requisite qualifications of
age and residence; nor would the husband become a voter simply by virtue of his wife's owner
ship of such property.
The courts have repeatedly held that a homesteader is a "freeholder" within the mean
*The decisions under section 34 are decisions which apply to all school districts.
THE NEBRASKA SCHOOL LAWS 33
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
; ng of that term as used elsewhere in the statutes. This clearly implies ownership of the land
such as would entitle him to vote at an annual meeting under the statutory provision em-
braced in the words "who owns real property in the district."
A young lady twenty-one years of age who holds a homestead is a voter at the annual
meeting.
The homesteader votes in the district of his homestead, and not in the district in which
he may be temporarily working.
"Any person who shall vote in any school district in this state in which he has not legally
resided ten days, or such length of time as required by law, next preceding the election, or
into which he shall have come for temporary purposes merely, shall, upon conviction thereof,
be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, or be
imprisoned in the jail of the proper county not more than six months." Section 7846, Crim-
inal Code, Compiled Statutes of Nebraska for 1903.
A person living in unorganized territory has no vote at school meetings in any district
by reason of having property in said district. Residence is one of the qualifications neces-
sary to be a voter.
A person having all the necessary qualifications to vote at an annual school district
meeting may not be debarred from voting from the fact that he was not in the district the
prescribed number of days just preceding the election, when it was known that he was out
of the district temporarily and that his permanent home is in the district.
Section 6427 confers upon women having the necessary qualifications the right to vote
at any school district meeting or school election held in any district, village or city. This statute
also confers upon women possessing such qualifications the right to vote at primaries held in cities
for the nomination of members of boards of education.
An alien, male or female, who possesses all of the qualifications relative to age, resi-
dence and ownership of property, or having children of school age, is a yoter. The matter
of being an alien does not enter into the question.
To acquire a domicile or residence in a school district, two things are necessary: the
fact of a residence in a place, and the intent to make it a home. A domicile or residence once
acquired remains until a new one is acquired. Mere intention to remove without the fact
of removing will not change the domicile; nor will the fact of removal without the intention
to change the residence. A person once established in any place, the presumption of resi-
dence continues unless rebutted, and the burden of proof is upon the party alleging the same.
In general, where a man lives or claims his home, and where he enjoys the privilege
of a resident citizen, may be considered his place of residence. In all cases a man must prove
his intentipn as to the place of his residence; if he removes his family and goods from the dis-
trict, and it can be proved that he intends to claim his residence in some other place, he is
no longer a resident of the district. A homesteader can have no residence except in the dis-
trict in which his homestead is located. Justice Maxwell says: "That place will be con-
sidered the residence of the person in which his habitation is fixed, without any present inten-
tion of removing therefrom, and to which, whenever he is absent he has the intention of
returning."
Women may vote and hold office in school districts. 15 Neb. 477.
6734 Sec. 35. Challenge oath. If any person offering to vote at a
sohool district meeting shall be challenged as unqualified by any legal voter in
such district, the chairman presiding at such meeting shall declare to the per-
son challenged the qualifications of a voter, and if such person shall state that
he or she is qualified, and the challenge shall not be withdrawn, the said chair-
man shall administer to him or her an oath in substance as follows: "You
do solemnly swear (or affirm) that you are twenty-one years of age, that you
resided in this school district for forty days last past, that you own real
property in the district, or personal property that was assessed in your name
at the last assessment or have children of school age residing in the
district, so help you God." And every person taking such oath shall be
permitted to vote on all questions proposed at such meeting.
6735 Sec. 36. Perjury. If any person so challenged shall refuse to
take such oath, his or her vote shall be rejected, and any person who shall
wilfully take a false oath, or make a false affirmation under the provi-
sions of the preceding section shall be deemed guilty of perjury, and be pun-
ished accordingly.
6736 Sec. 37. Challenge to viva voce vote. When any question is
taken in any other manner than by ballot, a challenge immediately after the
vote h.-is IHMMI taken, and previous to an announcfmonf. of the vote by the
34 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO.. OMAHA.
chair, shall be deemed to be made when offering to vote, and treated in the
same manner.
6737 Sec. 38. Adjournment change of site. The qualified voters in
the school district, when lawfully assembled, shall have power to adjourn
from time to time, as may be necessary, to designate a site for a schoolhouse,
by a vote of two-thirds of those present, and to change the same by a similar
vote at any annual meeting; Provided, That in any school district where the
schoolhouse is located three-fourths of one mile or more from the center of
such district, such school house site may be changed to a point nearer the cen-
ter of the district by a majority vote of those present at any such school
meeting; and, provided, further, That in any school district containing more
than one hundred and fifty children between the ages of five and twenty-one
years and having a district board of six trustees, the school house site therein
may be changed and the purchasing of a new site directed, either or both, at
any annual or special meeting, by a two-thirds vote of those present at any
such meeting.
When a school district has held open, notorious, and adverse possession of a certain
schoolhouse site for a period of ten years or more, there is no doubt that such site is the legal
site of the district.
The phrase "designate a schoolhouse site," has reference to the first location of a school-
house site in a newly organized district. The county superintendent's authority to deter-
mine where such site shall be established, when no site can be determined upon by the voters
of the district, has reference also to the first location of a schoolhouse site in a newly organ-
ized district. The county superintendent has no authority to determine the schoolhouse
site when it has once been established. Neither is there any authority for adjourning the
annual meeting for the purpose of changing the .site when once established.
The literal and legal schoolhouse site is the place actually occupied by the schoolhouse.
All distances relative to site and transfers are measured from the schoolhouse. Therefore, a
moving of the schoolhouse to a different part of the school grounds is a change of the site and
can be done only under the provisions of section 38, article 2.
The "three-fourths of a mile" mentioned in the proviso in this section should be meas-
ured on a straight line joining the schoolhouse and the geographical center of the district.
Cited Wilber vs. Wooley, 44 Neb., 739 (62 N. W. Reporter, 1095). Purchase or lease. Neb.,438.
By act of Congress (March 3, 1873), it was enacted that a person occupying a home-
stead or pre-emption shall have the right to transfer by warranty, against his own acts any
part of his homestead or pre eruption for a site for a schoolhouse; and this shall not vitiate
his title.
6738 Sec. 39. When superintendent shall fix site. -When no site can
be established by such inhabitants aforesaid, the county superintendent of
the county in which the district is situated shall determine where such site
shall be, and his determination shall be certified to the director of the district,
and shall be final, except that such decision may be changed by the county
superintendent on a written .request of two-thirds of the qualified voters of
the district.
6739 Sec. 40. Purchase or lease of site or school house tax. The
qualified voters shall also have power, at any annual or special meeting, to
direct the purchasing or leasing of any appropriate site, and the building, hir-
ing, or purchasing of a schoolhouse, and the amount necessary to be expended
the succeeding year, and to vote a tax on the property of the district for the
payment of the same.
If -a school district fails to have the lease for its schoolhouse site recorded, and a deed
is given to another party for land containing said site, the lease the district has from the first
9wner is no longer in force. It is necessary to secure a lease from the present owner and have
it recorded.
Contracts for the erection of schoolhouses should be made with reference to funds on
hand. 4 Neb., 360. The board cannot bind the district by an increased expenditure beyond
the amount authorized by the district. 10 Neb., 242. Cited 32 Id., 354.
Building committee. 45 Neb., 239.
Building contracts. 51 Neb., 237. 51 Id., 740.
THE NEBRASKA SCHOOL LAWS 35
COMPILED BY KLOPP & BARTLETT CO.. OMAHA.
6740 Sec. 41. Estimate and levy for general school purposes.
That trustees of each school district within the state of Nebraska shall,
prior to the annual school district meeting in each year, as provided by
law, prepare an estimate showing the amount of money required for the
maintenance of schools during the coming school year, shall determine the
amount of money required for school maintenance during the coming school
year, which shall be an amount sufficient to maintain a school in the manner
and for the time provided in section 5440 (11545) of the act, and the amount
of money so required shall be levied as a tax upon all of the taxable prop-
erty of the school district; Provided, That in districts having four children
or less of school age, the amount levied shall not exceed the sum of four
hundred ($400.00) dollars in any year; and in districts having more than
four and less than sixteen children of school age, the levy shall not exceed
the sum of fifty ($50.00) dollars per child in addition to the above. The
amount of money so voted as being necessary for the maintenance of the
school for the coming year shall be certified by the district school board
to the county clerk of the county in which said school district is located,
and said amount shall be levied by the county board on the assessed value
of the school district, and be collected as other taxes; Provided, that the
amount so levied shall not exceed in .any one year three and one-half ($3.50)
dollars on the one bundled dollar valuation as assessed and equalized.
The district court may issue an order on the county board to make the necessary levy
the satisfaction of a judgment against a school district; and when the taxes derived fr
such special levy are paid into tha county treasury it is the duty of the county treasurer, under
the direction of the board of county commissioners, to pay the same -into court for the satis-
faction of said judgment claim. The district voters have nothing whatever to do with this
claim, not should it be paid out of moneys derived from taxes voted at the annual meeting.
The maximum levy for school purposes that can legally be voted by a school district
is thirty-five mills (except for the payment of bonds, and for free high school tuition). Any
other construction would do violence to the law and extend the taxing powers of a school
district beyond the limit therein prescribed.
The annual meeting votes the tax, the county board or clerk levies it. Cited 4 Neb.,
307. 11 Id., 360. 12 Id., 255. 9 Id., 331. Unauthorized levy. 19 Id., 485.
6741 Sec. 42. Joint district certificate of valuation. It shall be
the duty of the county clerk of any county in which a fractional part of a
joint school district is located, on or before the 15th day of June of each
year, to certify the assessed valuation of all taxable property of such frac-
tional part of said joint school district to the clerk of the county in which
the school house of said district is located.
6742 Sec. 43. Joint district levy. The county board of the county
in which is located the school house of any joint school district, acting in
pursuance of section 11540 of Cobbey's Annotated Statutes of Nebraska for
1911, shall make a levy for said school district, as may be necessary, and the
county clerk of said county shall certify said levy on or before September
1st in each year, to the county clerk of each county in which is situated
any portion of said joint school district.
6743 Sec. 44. Tax for legal purposes. The legal voters may also,
at any annual or special meeting, determine the number of mills, not ex-
ceeding ten mills on the dollar of the assessed valuation, which shall be
expended for the building or building an addition thereto, purchase, or lease
of school house, in said district, when there are no bonds voted for such
purpose, which amount shall be reported, levied and collected as in the
preceding section; Provided, that upon petition of one-fourth of the legal
36 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
voters of such district to the trustees at least twenty days before time of
annual or special meeting, praying that the question of voting a tax to
create a special fund for the erection of a school house in said district
be submitted to the qualified voters at such annual or special meeting, the
trustees shall include such question in the posted notices of business to be
considered at such annual or special meeting. Said petition shall definitely
state the whole question to be submitted including the sum desired to be
raised or the amount of tax so levied, the period of years and the whole'
regulation, including the time of its taking effect or having operation. And
if a majority of the qualified voters at such meeting vote in favor thereof
the record of the meeting shall be certified to the county board, which
upon being satisfied that all the requirements have been substantially com-
plied with, shall cause the proceedings to be entered upon the record of
the county board and shall make an order that the levy be made in accord-
ance therewith and collected as other taxes. The provisions of sections
11298, 11299, 11300 and 11301 of Cobbey's Annotated Statutes for 1907,
relating to special funds for the erection of court houses shall apply so
far as practicable to the procedure under this act, the school board of dis-
trict trustees having power to contract for the erection of the proposed
building under the same restrictions as the county board in case of the
erection of a court house and any residue of such tax going into the school
district general fund; Provided, further, that the amount of such special
tax so levied shall not exceed ten mills on the dollar valuation above the
amount allowed by law for general school purposes, and that the total
amount voted for the period of years shall not exceed ten per cent of the
assessed valuation of the school district. Provided, further, that if a
majority of the qualified electors vote in favor thereof, the school board
may at once proceed to carry out the purpose of the levy as provided in
the petition, and to do so, are hereby authorized to issue warrants, as
needed, not to exceed eighty-five per cent of the amount raised by the levy,
against the fund voted.
6744 820. 45. Same how expended. The tax levied and collected,
as provided by the preceding section, shall be expended under the direc-
tion of the district made at the annual meeting, or in the absence of such
direction, then such tax shall be expended as the district board of the dis-
trict may direct. Money remaining in the treasury after the purpose for
which it was raised has been accomplished, and after all debts for which the
fund is liable have been discharged, may be transferred to any other fund of
the district, at any district meeting.
Certain sections of chapter 79, Compiled Statutes, 1895, entitled "Schools" construed
and held, (1) That the electors of a school district, and they alone at their regular annual meet-
ing, or at a special meeting called for such purpose, have power to direct the building of a
schoolhouse; (2) that the district board of a school district has no power or authority of law
to appropriate the funds of a school district to the erection of a srhoolhouse, unless first author-
ized so to do by a vote of the electors of such school district; (3) that when a school district owns
a schoolhouse site and has the money in its treasury sufficient to build a schoolhouse, .which
money was raised for that purpose, the electors of such school district, at any regular annual
meeting, or at a special meeting called for that purpose, may direct the building of a school-
house on the school site, and thai such school building be paid for out of the funds on hand
for that purpose; (4) that the ele* tors at such meeting may designate the school board to act as
the agent of the district to superintend the construction of su<>h schoolhouse; (5) that if no one
is designated by the electors of the school district to superintend the construction of the school
building directed to be built, then the s.-hool board of such district has authority to make con-
tracts and superintend the erection uf the school building ordered; (6) that the electors of a
school district are not obliged to select the members of the school board as agents to superin-
TUK >[K1JHASKA SCHOOL LAWS 37
COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
tend the construction of a building ordered to be built, but may select such persons as in their
judgment, will best subserve the interests of the school district. 45 Neb., 239.
Moneys derived from state funds and apportioned by county superintendent, can be
legally used for no purpose except to pay teachers' wages. School officers who use any part
of such funds for any other purpose become personally responsible to the district for the amount
thus used, and are liable to be prosecuted for malfeasance in office. As regards money raised
by district tax: (1) When the district has directed the manner in which this tax shall be ex-
pended, the officers are bound to follow such direction. The fact that the district afrr meet
ing voted a tax for a particular purpose is held to be "direction" as regards the money derived
from that specific part of the tax. (2) When the district has not specified any particulars in
voting the tax, nor directed the board in any manner as to the disbursements of the school
funds, then the district officers may pay out the funds as called for, and at their discretion
(except the state apportionment as mentioned above). When montfy has been raised for build-
ing purposes, or any other specific purpose, and has not been expended, the district at any
meeting may transfer such money to any other fund. The building fund cannot be legally
transferred to the teachers' fund as long as there are debts due against the district for bui Id-
ing expenses. Funds derived from the state cannot be legally transferred from the teachers'
fund in any manner whatever. CSee last part of section 1, subdivision XI, and last clause
of section 5, article VIII, of the constitution).
The directon spoken of in this section is general, and not special; it cannot desrcnd
to all the details of school management. Cited 9 Neb., 331. 19 Id., 562. 32 Id., 354.
6745 Sec. 46. Time School Taught They shall also deter-
mine at each annual meeting the length of time a school shall
he taught in the district in the ensuing year, which shall not he
less than four months by a legally qualified teacher in a district
having less than twenty pupils of school age, nor less than seven
months in districts having between twenty and seventy-five
pupils inclusive, nor less than nine months in districts having
more than seventy-five pupils. They may also determine and
instruct the distr'ct officers as to the different lengths of the
terms of school and seasons of the year in which the same shall
be taught and the district officers shall see that school is actually
taught therein by a licensed teacher in conformity to such
instructions and for not less than the length of time herein re-
quired. No district shall receive any portion of the state funds
unless school shall have been actually taught therein for the
length of time required by this act; provided, in case of epidemic
sickness prevailing to such an extent that the school board in any
district shall deem it advisable to close any or all schools within
the district, or if on account of the destruction of the school house
it shall be impossible to continue the school, such closing of
school shall not prevent it from drawing its proper share of the
state apportionment. Such sickness or destruction of school
house shall be sworn to by the district board and the oath filed
with the county superintendent within ten days after the annual
school meeting: Provided, further, that no district shall be de-
prived of its proportionate share of the state school funds when it
shall appear by the affidavit of the district board to be made and
filed, as aforesaid, that the district has in good faith raised and
expended the maximum tax allowed by law and the funds raised
have been insufficient to maintain a school for the time herein
provided. (Emergency.)
It is not within the authority of the annual meeting to determine the wages to be paid
to a teacher; the school board is the proper authority to fix the teachers' wages. Neither can
the annual meeting determine whether the teacher shall be male or female.
The tliiatis mentioned in section 1 4. must be determined at the annual meeting, and if
not Mien determined must be left to the board.
The penalty which the law inflicts upon a district for not keeping up schools is the for
eiture of the next year's apportionment.
38 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP ft BARTLETT CO., OMAHA.
The teacher's pay goes on while the school is closed by order of the board so long as he
holds himself in readiness to go on with the school.
It must be clear that in consequence of such epidemic (or destruction of house) no
school could be taught, and that the failure was not caused by mere neglect. (Maxwell's
Practice.)
It is the duty of the county superintendent to see that no district in his county receives
credit for school taught by one who does not hold a valid certificate.
If a district, at the annual meeting, leave the length of the term of school to the dis-
cretion of the school board, it can be compelled to make good the reasonable contracts entered
into by the board.
6746 Sec. 47. Sale of property. The qualified voters shall also,
at any annual or special meeting, authorize and direct by a two-thirds
vote the sale of any schoolhouse, site, building, or other property belonging
to the district when the same shall no longer be needed for the use of
the district; and when real estate is sold the district may convey the same by
deed, signed by the moderator of the district, and ?uehdeed, when acknowl-
edged by such officer to be the act of the district, may be recorded in the
office of the recorder of deeds of the county in which the real estate is situated,
in like manner as other deeds.
A school district board cannot legallyrsell a schoolhhouse or site without being directed
to do so by the legal voters at a district meeting. When the district has so authorized them
by a two-thirds vote it would seem proper for the board to advertise and sell the same to the
highest bidder.
6747 Sec. 48. Suits, districts interested in. They may also give
such directions and make such provisions as they shall deem necessary in
relation to the prosecution or defense of any proceeding in which the district
may be a party or interested.
6748 Sec. 49. Procedure where district fails to provide school.
Where no levy is voted at the annual school district meeting, or where the dis-
trict votes to have no school, or where no action is taken by the annual meet-
ing to provide for school, it shall be the duty of the county superintendent of
the proper county to make and deliver to the county clerk of such county in
which any part of the district is situated not later than the first Monday in
August following the annual meeting an itemized estimate of the amounts nec-
essary to be expended during the ensuing year for school purposes in such
district. It shall be the duty of the county clerk to levy such taxes on the tax-
able property of the district, to be collected by the county treasurer at the same
time and in the same manner as the state and county taxes are collected, and
when collected to be paid to the treasurer of the proper district on the order
of the director countersigned by the moderator of the district.
6749 Sec. 50. Seven months school. For the purpose of providing
at least seven months school each year in the first eight grades for all
the youth of this state whose parents or guardians live in public school
districts whose funds are not sufficient to maintain school for at least
seven months, there shall be paid to each district by the state treasurer
such an amount as is necessary to enable such district to maintain seven
months of school with a legally qualified teacher; Provided, that no state
aid shall be given any public school district unless there has been levied the
maximum tax levy allowed by law and until the accounts of such district
are audited and approved by the county superintendent of the proper,
county. And provided further, that no district containing less than twelve
THE NEBRASKA SCHOOL LAWS 39
COMPILED BY KLOPP ft BARTLETT CO., OMAHA
sections of land shall receive any aid under the provisions of this act.
And provided further, that where a district maintains more than one
separate rural school there shall be paid to such district for each school
maintained such amount as is necessary to enable the district to maintain
seven months of school with a legally qualified teacher in each such school;
Provided, that no district maintaining more than one rural school *hall
receive a share of apportionment for any school maintained in and for a
division of territory less than twelve square miles; Provided further, that
no district formed after the passage of this act, containing less than twenty
square miles shall receive state aid under this act. Funds derived from this
appropriation can be applied only in payment of teachers' warrants for the
current year. Provided further, that where a district contains less than
twelve sections of land and has voted the maximum levy in accordance
with the statutes, the state superintendent of public instruction may, with
the consent and advice of the county superintendent, arrange for the
schooling of the children in said district for the period of seven months
or pro rata in accordance with section 11551. Sec. 11551. If the amount
available is not sufficient to pay the full sum to which each district is en-
titled under the provisions of this act, it shall be divided pro rata among the
several school districts entitled thereto in proportion to the amounts asked
for by the county superintendents; Provided further, that where topographi-
cal conditions make consolidation impossible the state superintendent of
public instruction may at his discretion award aid to districts containing
Less than twelve sections.
6750 Sec. 51. State aid to weak districts. It shall be the duty of the
county superintendent of the proper county on or before the second Monday
in October of each year to certify, under oath, to the state superintendent of
public instruction the number of districts entitled to state aid under the pro-
visions of the next preceding section, the amount each should receive and such
other items as may be required by the state superintendent of public instruc-
tion. It shall be the duty of the state superintendent of public instruction
on or before the last Monday in December of each year, to certify the amounts
of state aid due the several districts under the provisions of the next preceding
and next following sections, to the several county superintendents and the
amounts due the several counties to the state auditor, who shall draw warrants
on the state treasurer in favor of the various counties for the sums so specified
by the state superintendent of public instruction. The state treasurer shall
remit said amounts to the county treasurer of the several counties who shall
place it to the credit of the proper districts of their counties in accordance
with the instructions of the state superintendent as certified to by the county
superintendents thereof.
6751 Sec. 52. Superintendent apportion to several districts how.
To determine the amount to be apportioned to each district, the county
superintendent shall find the estimated expenditures of the district for the
current year and subtract therefrom the estimated income of that district
from all sources for the same year. The estimated income for the current
year shall be the sum of all moneys belonging to the district on hand in
the district and county treasuries, plus the maximum amount that can be
40 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP ft BARLTETT CO.. OMAHA.
raised by taxation, plus the estimated apportionment of state school funds.
If said district will not receive any apportionment of money from the state
school fund, then said apportionment shall not be considered in estimating
the income for the current year. The estimated expenditures for the current
year shall be the amount necessary to maintain the school seven months, said
estimate not to exceed three hundred and eighty-five ($385) dollars.
ARTICLE III.
DISTRICT OFFICERS.
SECTION
67f>2. Election.
6753. New District.
{5754. Acceptance within ten clays.
6755. District deemed organized when.
6756. Failure to organize.
6757. When appointed by superintendent.
SECTION
(jToS. Organization in such case.
6759. Organizaiou presumed.
6700. Vacancy.
6761. Officer not be employed as teacher
exception.
6762. Disputed accounts.
6752 Sec. 53. Election. The qualified voters of every now dis-
trict, when assembled pursuant to legal notice, and all existing districts
at their annual meetings, shall elect by ballot, from the qualified voters
of such district, a moderator for three years, a director for two years, and a
treasurer for one year; and at the expiration of their respective terms of
office, and regularly thereafter, their several successors shall be elected for
the term of three years each, and all officers so elected shall hold their offices
until their successors are elected or appointed and qualified; Provided,
officers of existing organized districts shall continue and discharge the duties
of their several offices until the expiration of the same.
One who is not a resident of a school district is not eligible to any district office therein.
All the qualifications necessary for a school district officer is that he be a legal voter in the
B'-hool district.
In case a person assumes under color of right, a school district office, and performs
the duties of such office, being permitted by the district in the discharge of such duties, he is
a de facto officer so long as he is permitted to act in that capacity, and his acts as such officer
are binding upon the district.
Section 53, article 3, of the School Laws provides that school district officers shall
be elected by ballot. However, in case, by the proper motion being carried, the secretary
or clerk is instructed to cast the ballot of the meeting for an officer, it would be construed to
be an election by ballot within the meaning of the section just referred to.
A plurality vote elects, that is, the one receiving the highest number of votes cast is
elected.
The school law makes no provision for casting lots in case of a tie vote on member of
a school board, and it is not a legal process of selecting an officer. Another ballot should
be taken.
Where a district officer is elected by acclamation for the full term at the annual meet-
ing and has performed the duties of his office for a time extending beyond the next annual
election, he is entitled to the office the full term for which he was elected.
District officers must be elected by ballot. No authority to adjourn annual meeting
for the election of officers. 15 Neb., 444.
6753 Sec. 54. New district. When a new district is organized
and the officers elected at any other time than at the annual meeting, the
T11K NEBRASKA SCHOOL LAWS 41
COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
time intervening between the date of organization and the beginning
of the next school year shall constitute the first year in the term of such
officers.
6754 Sec. 55. Acceptance within ten days. Within ten days after-
their election, -these several officers shall file with the director a written accept-
ance of the offices to which they shall have been respectively elected, which
shall be recorded by the director.
In a primary (common) school district the failure of an officer-elect to file his accept-
ance within ten days after the annual meeting does not forfeit his office. His entrance upon
the discharge of the duties of the office is sufficient. The filing of a bond by the treasurer-
elect is held to be sufficient acceptance.
It is not necessary that the directorof a primary (common) school district take the oath
of office. Hia filing an acceptance and assuming the duties of the office are all the necessary
steps.
When a person elected to a school district fails to qualify, the old officer holds over
till his successor is elected or appointed and qualified, unless the old officer holds his office by
appointment. In such case there is a vacancy and the vacancy may be filled by appoint-
ment of the board, or at an election at a special meeting called for that purpose.
When a district voter is legally elected at an annual meeting to a school district office, and
files his acceptance within ten days after such election, he is entitled to possession of the books
and papers belonging to such office on the second Monday of July following his election; and
any dispute that may arise between him and his predecessor is no ground for the remain-
ing members of the board to declare the office vacant. It is the duty of the outgoing officer
to turn over to his successor the official papers, records, etc., pertaining to his office.
The newly elected director should file his acceptance with his predecessor, or, if he had
none, it should be written out and kept with the papers in his office.
An officer elected or appointed should not fail to file a written acceptance with the
director; a verbal acceptance is not enough, but it is heid that the entrance upon And the dis-
charge of the duties of the office is a sufficient acceptance. The filing of his bond by the treas-
urer-elect is held to be the same in effect as a formal written acceptance. See 30 Neb., 360.
6755 Sec. 56. District deemed organized when. Every such school
district shall be deemed duly organized when any two of the officers, elected
at the first meeting, shall have filed their acceptance as aforesaid.
In organizing a new district, great care should be taken to have all the steps legal, and
to preserve full, clear, and accurate record of all the proceedings, since, during the first year
after the district is organized, any charge of illegality in its formation must be met by refer-
ence to the records of its organization, and by section 8, article 1, such records are made
prima facie evidence of the facts therein set forth. But after a district has been transacting
regular business for a year, according to section 60, article 3 it is then held to be a legal district.
6756 Sec. 57. Failure to organize. In case the inhabitants of any dis-
trict shall fail to organize the' same, in pursuance of such notice as aforesaid,
the said county superintendent shall give a new notice in the manner herein-
before provided, and the same proceeding shall be had thereon as if no pre-
vious notice had been delivered.
6757 Sec. 58. When appointed by county superintendent. In all cases
where the county superintendent of any county shall form a school district
therein, and where no election for school district officers shall be held therein,
it shall be the duty of the county superintendent of the county in which such
district is situated to appoint the officers of such district from the legal voters
thereof, which officers thus appointed shall severally file with the director a
written acceptance of the offices to which they shall have been appointed,
which shall be recorded by the director.
Where a tie vote occurs in the election of a school district officer, it is not within the
province of the county superintendent to appoint an officer.
An outgoing officer is not competent to assist in appointing his successor, It a vacancy
exists in the office the old officer is no longer competent to act on behalf of the district, and
such vacancy can be filled by appointment or election.
6758 Sec. 59. Organization in such case. Every such school district,
shall be deemed duly organized whenever any two of the officers thus appointed
42
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shall have filed their acceptance as aforesaid, and such school district and
its officers shall be entitled to all the rights, privileges, and immunities, and
be subject to all the duties and liabilities conferred upon school districts by
law.
6759 Sec. 60. Organization presumed. Every school district
shall, in all cases, be presumed to have been legally organized when it
shall have exercised the franchises and privileges of a district for the term of
one year.
6760 Sec. 61. Vacancy. District officers appointed to fill vacan-
cies shall hold their office until the beginning of the next school year. Offi-
cers elected at a special meeting shall serve for the remainder of the unexpired
term, and until their successors are elected and qualified.
6761 Sec. 62. Officer not be employed as teacher exception. No
person holding a school district office shall be employed to teach in the district
of which he is an officer, unless upon a petition signed by two-thirds of the
legal voters of the district, which petition shall be filed with the papers of the
district. The contract of such officer shall be made by the other members of
the district board.
6762 Sec. 63. Disputed accounts. Whenever a director or moder-
ator refuses to sign orders on the treasurer, or the treasurer thinks it best
to refuse the payment of orders drawn upon him, the difficulty shall be
referred for adjudication to the county superintendent, who shall proceed at
once to investigate the matter, and if he finds that the officer complained of
refuses through contumacy or for insufficient reasons, it shall be the duty of
the superintendent, on behalf of the district, to apply to the proper court for
a writ of mandamus to compel the officer to perform his duty.
This, however, will not prevent a party in a proper case from bringing an action in hit
own name. Cited 19 Neb., 565; 32 Id., 354; 35 Id., 655.
ARTICLE IV.
POWERS AND DUTIES OF DISTRICT OFFICERS.
SECTION
6763. Moderator powers of.
6764. Disorderly conduct at meetings.
6765. Same penalty.
6766. Treasurer bond.
6767. Same money received and disbursed.
6768. Same cash book and report.
6769. Same appear in action for district.
6770. Additional bond when.
6771. Director.
SECTION
6772. Shall keep record.
6773. Hiring teachers how governed.
6774. Census when taken.
6775. Care of buildings.
6776. Estimate of expenses and report.
6777. Post notices.
6778. Orders on treasurer.
6779. Annual report.
6780. Statement valuation taxes.
6763 Sec. 64. Moderator powers of. The moderator shall have
power, and it shall be his duty to preside at all meetings of the district, to
countersign all orders upon the treasurer for money to be disbursed by the
THE NEBRASKA SCHOOL LAWS 43
COMPILED BY KLOPP & BARTLETT CO., OMAHA.
district and all warrants of the director on the county treasury for moneys
raised for district purposes or apportioned to the district by the county super-
intendent, to administer the oath to the director and treasurer of the district
of which he is moderator when such an oath shall be required by law in the
transaction of the business of the district, and to perform such other-duties
as may be required of him by law. If the moderator be absent from any dis-
trict meeting the qualified voters present may elect a suitable person to pre-
ide at the meeting.
The moderator has a right to vote at school district meetings on all questions pertain-
ing to school matters. In case of a tie vote, however, he could not cast a second vote to break
the tie.
A moderator of a school district is not required to take an oath of office. 30 Neb., 360.
When a person elected to the office of moderator of a school district fails to file with
the director of the district his written acceptance of the office, but immediately after his elec-
tion enters upon the discharge of his official duties, by presiding at school district meetings,
countersigning school orders and performing all other duties required by law of such officer,
without objection from anyone, for more than a year, held, that the failure to file a written ac-
ceptance did not forfiet his title to the office. 30 Neb., 360.
One B., moderator of a school district, refused to sign a report to the county clerk of
the lawful taxes voted by his district at the annual meeting. Held, that it being a duty en-
oined by law, he would be compelled by mandamus to sign the same. 11 Neb., 359.
A moderator refused to sign an order properly drawn upon the treasurer and the mat-
ter was submitted for adjudication to the county superintendent, who, after investigation,
found that the officer refused to sign the order for insufficient reasons. Held, that under the
statute the county superintendent had the right, on behalf of the district to apply to the proper
court for a writ of mandamus to compel the officer to perform his duty. 35 Neb., 655.
When the moderator refuses to sign orders legally issued by the director, he can be com-
pelled to do so by mandamus. (See section 63, article 3.)
When the moderator is absent from a district meeting, one should be appointed. The
director is clerk of the meeting, and has no right to preside in the absence of the moderator.
6764 Sec. 65. Disorderly conduct at meetings. If at any district meet-
ing any person shall conduct himself or herself in a disorderly manner, and
after notice of the moderator or person presiding, shall persist therein, the
moderator or person presiding may order him or her to withdraw from the
meeting, and on his or her refusal, may order any constable, or any other
person or persons to take him or her into custody until the meeting shall be
adjourned.
6765 Sec. 66. Same penalty. Any person or persons who shall
refuse to withdraw from such meeting on being so ordered as provided
in the preceding section or who shall wilfully disturb such meeting shall,
on conviction thereof, be fined a sum not exceeding twenty dollars.
For penalty for disturbing any school, society, or meeting convened for improvement
in music, letters, or for social improvement, see Criminal Code, Annotated Statutes.
6766 Sec. 67. Treasurer bond. The treasurer of each district
shall within ten days after the election, execute to the county and file with
the director a bond of not less than five hundred dollars in any instance, nor
less than double the amount of money as near as can be ascertained, to come
into his hands as treasurer and at any one time, with sufficient sureties, to be
approved by the director and moderator, conditioned for the faithful dis-
charge of the duties of his office; such bond when approved shall be filed by
the director in the office of the county clerk of the county wherein the school
district is situated; and if the treasurer shall fail to execute such bond, his
office shall be declared vacant by the district board and the board shall im-
mediately appoint a treasurer, who shall be subject to the same conditions and
possess the same powers as if elected to that office.
In case a district treasurer-elect fails to file a bond within the prescribed time, the old
44 THE NEBRASKA SCHOOL LAWS
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treasurer hokls over, if elrrfed to the olHce; and he has twenty days after the annual meet-
ing in which to file a new bund.
Moneys in the treasury must be used for the purpose of paying outstanding warrants,
and the treasurer is liable under his bond if he uses money for any other purpose as long as
there are warrants outstanding against the fund.
The director and moderator should not become surety upon the treasurer's bond for
the reason that they are the officers whose duty it is to approve such boad; but after having
signed the bond they would be estopped from denying the validity of the same, and would
doubtless be held liable thereon in the event of the defalcation of the treasurer.
It is not within the power of the treasurer of a school district by a general deposit
of funds held by virtue of his office to create between such district and his banker the rela-
tion of debtor and creditor. A banker by receiving on deposit from a school district treasurer
funds known to be held by the latter in his official capacity becomes thereby a trustee for the
beneficial owner with respect to such funds, and the same may, upon his insolvency, be re
covered by the owner as a preferred claim against his estate. 52 Neb., 1.
The other members of the board should not be sureties on the treasurer's boad. The
treasurer should not be allowed to draw money from the county treasury until his bond has
been filed and approved; and the individual members of the board authorizing such draft,
in the absence of the necessary bond, would be liable to the district for any loss resulting
therefrom.
A school treasurer may hoM other offices, county or precinct. When a board allows
a treasurer, whose bond has not be'en approved, to handle public funds, the members of the
board become individually liable for any loss that may occur. District treasurers are reminded
that to use or lend any part of the public money in their hands is an offense which, if proven
against them, renders them liable to fine and imprisonment. (See Annotated Statutes.)
The treasurer must file his bond with the director, and the director must file it with the countv
clerk. The director should keep a record of both filings. A district treasurer elected to suc-
ceed himself must file a new bond. 52 Neb., 1.
6767 Sec. 68. Same money received and disbursed. It shall be the
duty of the treasurer of each district to apply for and receive from the county
treasurer all school moneys apportioned to the district or collected for the
same by the county treasurer, upon order of the director, countersigned by
the moderator, and to pay over on the order of the director, countersigned by
the moderator of such district, all moneys received by him.
The statute as well as the supreme court recognizes the district treasurer as the legal
and proper custodian of the funds for his district, provided, of course, the said treasurer has
furnished bonds as provided in sections 67 and 71 article 4, School Laws. A district treas-
urer who has complied with these provisions could apply to the district court for a writ of
mandamus to compel director and moderator to issue warrants on the county treasurer in
his behalf for the funds belonging to his district.
The law does not contemplate that the treasurer shall pay any bills out of moneys be-
longing to the district except through the regular channels: viz., on orders drawn by the direc-
tor and countersigned by the moderator.
If the treasurer refuse contumacy or for insufficient reasons to pay the orders legally
drawn upon the district, it shall be the duty of the county superintendent on behalf of the
district to apply to the proper court for a writ of mandamus to compel the officer to perform
his duty.
A writ of mandamus cannot issue to the treasurer of a school district requiring the pay-
ment by him of an order payable by its terms at a fixed time in the future and in the meantime
drawing interest at arate per centum defined by the terms of the order itself. 39 Neb., 570.
It is not within the authority of the voters at the annual meeting to release a treasurer
from being responsible for moneys paid out illegally or lost by him.
This money may be drawn from the county treasury at any time.
It is the right and duty of the district treasurer to draw and hold funds collected by the
county treasurer to the credit of the district. 22 Neb., 52.
School district funds can be paid out legally only on the order of the director, coun-
tersigned by the moderator.
The county treasurer has no right to receive orders drawn by the director in favor of
any one, but the district treasurer, who is the only person authorized to receive district money
from the county treasurer, and he should pay no order until countersigned by the moderator.
1 1 Neb., 283. '
A school district has no authority to release its treasurer from liability for money lost
or misapplied by him. 10 Neb., 296. Cited 19 Id., 494, 565.
6768 Sec. 69. Same Cash book and report. The treasurer shall keep
a book furnished by the district, in which he shall enter all the moneys received
and disbursed by him, specifying particularly the source from which money
has been received, and to what fund it belongs, and the person or persons to
THE NEBRASKA SCHOOL LAWS 4. r ,
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whom, and the object for which the same has been paid out. He shall pre-
sent to the district, at each annual meeting, a report in writing, containing a
statement of all moneys received by him during the preceding year and of
the disbursements made by him, with the items of such disbursements, and
exhibit the vouchers therefor, and at the close of the term of his office sli all
settle with the district board, and shall hand over to his successor said books
and all receipts, vouchers, orders, and papers coming into hia hands as treas-
urer of the district, together with all moneys remaining in his hands as such
treasurer.
The district treasurer should settle with the district at the annual meeting, and the
terms and items of this settlement should be recorded in full.
6769 Sec. 70. Same appear in action for district. It shall also be the
duty of the treasurer to appear for and on behalf of the district in all suits
brought by or against the same, whenever no other directions shall be given
by the qualified voters in the district meeting, except in suits in which he is
interested adversely to the district; and in all such cases the director shall
appear for such district, if no other directions shall be given as aforesaid.
Action on a demand balonging to the district must be brought in the name of the dis-
trict 11 Neb , 283. When the action is not brought by the treasurer the petition should
state the cause. 10 Neb., 268. Cited 12 Id., 241.
6770 Sec. 71. Additional bond when. Whenever by the failure of
his sureties, or otherwise, the official bond of the district treasurer becomes, in
the opinion of the other members of the board, insufficient to protect the dis-
trict from loss, it shall be the duty of the director and moderator to demand
additional security or a new bond of the treasurer. If the treasurer refuse or neg-
lect to procure a satisfactory bond and present it to the other members for
approval within ten days after demand, the moderator and director
may declare his office vacant, and proceed to call a district meeting to elect
a new treasurer to fill the unexpired term; Provided, Nothing in this
section shall be construed to interfere with the liabilities of principals and
sureties in such bond or the rights of sureties as defined by law regulating
official bonds.
The duties devolved upon the members of the school district board, or upon the moder-
ator and director, by section 71, article 4, can only be performed by those two officers acting in
conjunction. Any attempt on the part of either of them to perform such duties alone and without
the joint action of the other, is ineffective and void. 22 Neb., 48.
Collection of taxes for payment of loss of funds in insolvent bank. 51 Neb., 762.
6771 Sec. 72. Director. The director shall be clerk of the dis-
trict board and of all district meetings when present, but if he shall not
be present, the qualified voters may appoint a clerk for the time being, who
shall certify the proceedings to the director to be recorded by him.
6772 Sec. 73. Shall keep record. The director shall record all pro-
ceedings of the district in a book furnished by the district, to be kept for
that purpose, and preserve copies of all reports made to the county superin-
tendent, and safely preserve and keep all books and papers belonging to his
office.
It is to this record alone that resort must be had to ascertain what the district has done,
what taxes it has voted, etc. 4 Neb., 307.
46 THE NEBRASKA SCHOOL LAWS
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6773 Sec. 74. Hiring Teachers How Governed. The direc-
tor, with the consent and advice of the moderator and treasurer
or one of them, or under their direction, if he shall not concur,
shall contract with and hire qualified teachers for and in the name
of the district, which contract shall be in writing and shall have
the consent of the moderator and treasurer, or one of them,
endorsed thereon and shall specify the wages per week or month
as agreed by the parties, and a duplicate thereof shall be filed in
his office: Provided, if the director shall refuse to make and sign
such contract, when directed so to do by the moderator and
treasurer, then it may be made and signed by the moderator and
treasurer. The director shall notify the county superintendent,
at the time the contract is made, of the length of the proposed
term of school, when the school will begin and of the name of
the teacher. No money belonging to the district shall be paid
for teaching to any but legally qualified teachers, nor shall any
school board pay out money belonging to the school district
to any teacher after such board has received a sworn statement
by a school board that the services of the teacher in question are
under previous contract to said board. Provided further, a con-
tract made before the annual meeting, in order to be legal, must
be signed by two members whose terms of office do not expire
with the school year in which such contract is made: Provided
further, no such contract with a teacher shall be valid unless
agreed to either by all members of the district board or by two
members of such board who are not related to the fourth degree
to such teacher and whose terms of office extend beyond the date
of the term of school contracted for.
*(a) It is the duty of the director to contract with the teacher when so authorized by
the moderator and treasurer, but should he refuse to make such contract, then it would be
within the authority of the moderator and treasurer to make the contract. The moderator
and treasurer have no authority to make such contract until they have given the director an
opportunity to make it.
The director of a school district cannot legally delegate to his wife, or to any other per-
son, the power to act in his stead in contracting with a teacher. However, if such director
should, in concurrence with one or more members of the district board, employ a teacher and
agree upon the terms of the contract, he might instruct his wife, or other third person to draw
up the instrument in accordance with such agreement and sign his name thereto; then it would
be his contract.
The statute specially authorizes tke director of a school district to employ teachers
either with the assent of the moderator and treasurer, or one of them, or by their direction if
if he shall not concur. A contract with a teacher, therefore, entered into on behalf of the dis-
trict by the director and treasurer, without the assent of, or notice to the moderator is valid.
Russel vs. State, ex rel, Armour, 13 Neb., 68, 12 N. W., 829.)
Citations. Martin vs. State, 23 Neb., 384, 36 N. W., 554; Montgomery vs. State, 35
Neb., 659. 53 N. W., 568; State vs. Smith, 57 Neb., 48, 77 N. W. t 384.
"No contract with a teacher shall be valid unless agreed to either by all the members
of the district board or by two members of such board who are not related to the fourth de-
gree to such teacher and whose terms of office extend beyond the date of the term of school
contracted for." In regard to a relative hiring a relative, the law applies to questions of con-
sanguinity, and not to marital relationship.
The director and one other member of the board may contract with a teacher without
notifying the third member, but a contract made by the other members of the board without
first giving the director an opportunity to make the contract would be void. They may make
a valid contract, however, if the director refuses to do so.
The district, at the annual meeting, may determine whether a summer or winter school
shall be taught (see section 46 article 2), but it is the business of the board to choose
the teacher, and the director should make the formal contract with the person so chosen. If
Decisions which apply only to rural and village schools
THE NEBRASKA SCHOOL LAWS 47
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the director refuses to make the contract it may be made by the other two members of the
A school board may direct the school to be closed on Thanksgiving, the Fourth of July,
or similar occasions, and not require the teacher to make up the time.
The school board is the proper party to fix the wages of teachers the district meeting
cannot do it.
Unless a teacher agrees on his contract to build fires and sweep the schoolhouse, he can
not be compelled to do so.
A district board cannot make a legal contract one that will bind the disTHcf" with
a teacher who does not hold a valid certificate, and members of the board will be personally
liable to the district for money paid to a teacher who is not legally qualified. 13 Neb., 52.
A teacher is legally qualified to teach in a joint district, who holds a certificate from
the superintendent of either county in which such district lies.
If the contract is signed by one who is a director de facto it will bind the district. 9
Neb., 56. Contract by director and treasurer valid. 13 Neb., 69. 35 Id., 655. Breach of
contract. 31 Neb., 501.
t (b) The contract between the school board and a teacher is a mutual obligation,
equally binding upon both parties. Neither party can with impunity rescind such contract
and either party violating the provisions of such contract would be answerable in damages
to the aggrieved party. It requires a majority of the board to legally accept a teacher's resig-
nation.
In order to be legal and binding upon the district, it is not necessary that a contract be
in writing. If not in writing its existence must be fully proven. If it can be proven that a
teacher was elected by the board, that he was notified of such election and clearly indicated
his acceptance of it, the contract is binding whether made out in writing and signed by all
parties concerned or not. In the absence of a written contract the minutes of the director
or secretary of the board would show the time for which a teacher was elected.
In case a teacher breaks a contract made between herself and a school district board,
the board has a right of action on the original contract, and may maintain: (1) A suit to ob-
tain damages for the loss sustained by the breach; (2) a suit to obtain specific performance
of the contract by the other party. Or, if the court were to find it difficult to assess the dam-
ages, or should fail to enforce a specific performance because it cannot supervise or insure its
execution, they could, by injunction, enforce the promise not to teach elsewhere during the
time covered by the injunction. See Clark on Contracts, 702.
Members of the school board have a perfect right to see the teachers' certificate. In
fact, it is a duty incumbent upon them to satisfy themselves that the teacher is a legally quali-
fied teacher. The certificate is the proper evidence.
The school board has the right to discharge a teacher for cause, and after such dis
charge the teacher has no right to continue the school, even if the cause be thought insuffi-
cient. The only course then open to the teacher is an action for damages. Whether the
teacher could draw pay for the full time of the contract, would be a question to be deter-
mined by process of law.
If it is a physical impossibility for the school district board to furnish a house in which
the school may be taught, the teacher could not draw pay during the time school is closed on
account of the burning of the schoolhouse. If it is possible for the board to provide a house
in which the school may be taught, the teacher's pay will continue during the time school is
closed on account of the burning of the schoolhouse. It might be well, however, for the teacher
and board to compromise under such circumstances.
So far as schools are concerned, the statutes of Nebraska make no provisions for legal hol'-
days. A teacher, in the absence of any provision upon the matter in his contract, would have
no authority to close school upon the so-called holidays, without being legally required to make
up the time so lost to the district. However, a district board has authority to make pro
vision for closing school upon such days, and in case the board directs that school be closed
upon any specified day, the teacher would legally draw pay for such time.
A teacher may make up lost time by teaching on Saturdays only by permission of the
board.
When the school is closed for a few days in order to repair damages done to the build-
ing by a storm, the teacher is not bound legally to make up the time so lost, providing he hold
himself in readiness to continue the school during the time school was closed by order of the
board.
When a teacher is employed for a definite time and during the period of his employ-
ment the district officers close the school on account of the prevalence of an epidemic disease
in the district and the teacher continues ready to perform his contract, he is entitled to full
wages during such period, provided there is nothing in the contract to the contrary. Accord-
ing to a recent decision of the supreme court a teacher cannot collect pay on such a contract when
school is closed by order of the board of health.
6774 Sec. 75. Census when taken. Within ten days previous to the
annual district meeting, the director shall take the census of his district, and
make a list in writing of the names of all the children belonging thereto, be-
tween the ages of five and twenty-one years, together with the names of all the
taxpayers in the district. In case of the absence or inability of the director
t Decisions which apply to all school districts,
18 THE NEBRASKA SCHOOL LAWS
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such census shall be taken by the moderator or treasurer or such person as they
may appoint, and a copy of the list, verified by the oath of the person taking
such census, by affidavit appended to or endorsed thereon, setting forth that
it is a correct list of the names of all children belonging to the district between
the ages of five and twenty-one years, and that it was taken within ten days
preceding the annual meeting, shall be returned with the annual report of the
director to the county superintendent; Provided, in cities of the first
and second classes, thirty days shall be allowed for taking the census,
such census to be completed before July 1.
The census can be legally taken at no other time than this. No special census report
can be called for.
Marriage will not exclude from the census list persons otherwise entitled to be enumer-
ated. No stated length of time is rooniired that children must live in a district before they
are counted in the census. Children brought into a district within the ten days during which
the census can be taken, if already counted in the district from which they came, should be
listed in the district to which they have come, and stricken from the other.
The home of a child is usually with its parents or guardians, but may be elsewhere. A
child of school age who, bona fide, resides in a district for other than school purposes is enti-
tled to school privileges, and its name should be included in the school census.
6775 Sec. 76. Care of buildings. The director shall, with the con-
currence of the moderator and treasurer, or either of them, provide the
necessary appendages for the schoolhouse, and keep the same in good con-
dition and repair during the time school shall be taught in said schoolhouse,
and shall keep an accurate account of all expenses incurred by him as direc-
tor. Such account shall be audited by the moderator and treasurer, and on
their written order shall be paid out of the general school fund.
Section 94, article 5, Provides that no school officer shall be a party to any school
contract for building or furnishing supplies except in his official capacity a member of the
board. This, of course, does not apply to supplies furnished in any other manner than under
contract. Section 76. article 4 expressly states that the director shall with the con-
currence of the other members of the board provide the necessary appendages for
the schoolhouse and keep an account of all expenses incurred by him as director. This
section clearly implies the duty of the director to provide all necessary supplies in such a man-
ner as he sees fit when not otherwise directed by the board. His account must be audited by
the board; and if any items are found incorrect or any charges exorbitant, corrections can be
made at any time.
There is no law compelling a moderator to sign a contract for supplies. His signature
is not necessary to the validity of the contract, but if the contract was made at a meeting of
which he had no notice, the contract itself is called in question. It has been decided that such
contract is illegal. A contract with a teacher is an exception to this rule.
A bill against a school district should be made out in due form, itemized, and presented
to the board for their consideration. Action should be taken thereon and the warrant issued
in accordance with such action. The director should be justified in demanding an itemized
statement. He is responsible for drawing orders on the district and should know definitely
for what purpose the monev of the district is used, so that he may be able to report to the voters
at the annual meeting. The director must also make out an itemized statement of every bill
fae presents for expenses incurred by him in his official capacity.
A member of the committee on purchase and supplies shall not be a party to furnish
supplies to the district, except in his official capacity as a member of the board. See section
94, article 5, School Laws.
The director of a school district, with the consent of the moderator, may contract for
epairs on a schoolhouse of the district during vacation. 67 Neb., 365.
The amount of money to be used in the repair of the schoolhouse is in the discretion
the board to determine. 67 Neb., 635.
6776 Sec. 77. Estimate of expenses and report. He shall present ut
each annual meeting an itemized estimate of the amounts necessary to be ex-
pended during the ensuing year for school purposes, and for the payment of the
services of any school district officer; but no tax for these purposes shall be
voted at any special meeting. He shall also present to the annual meeting a
statement of all orders drawn on the county treasurer, and the amount of
each, apd of all orders on the district treasurer, and the amount of each, for
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what purpose and to whom given. Before adjournment of each annual
meeting the director shall read the minutes of the meeting and have the
same corrected and approved by a majority vote of the meeting.
In order legally to pay the school district officers a salary, it is necessary that provi-
sions for such payment be made at the annual district meeting; but it is not within theauth<>r-
ity of the annual meeting to make provision for the payment of such salary for more than the
ensuing year,
6777 Sec. 78. Post notices. He shall give the prescribed notice
of the annual district meetings, and all such special meetings as he shall
be required to give notice of, in accordance with the provisions of this chapter,
one copy of which for each meeting shall be posted on the outer door of the
schoolhouse, if there be one.
6778 Sec. 79. Orders on treasurer. He shall draw and sign all orders
upon the treasurer for all moneys to be disbursed by the district, and all
warrants upon the county treasurer for moneys raised for district purposes,
or apportioned to the district by the county superintendent, and present the
same to the moderator, to be countersigned by him, and no warrant shall be
issued until so countersigned. No warrant shall be countersigned by the
moderator until the amount for which the warrant is drawn is written upon
its face. The moderator shall keep a record, in a book furnished by the di-
trict, of the amount, date, purpose for which drawn, and name of person to
whom issued, of each warrant countersigned by him.
It is the duty of the district director to issue orders upon the county treasurer in favor
of the district treasurer for money on hand in the county treasury, in order that the district
indebtedness and current expenses may be properly paid. In case the director refuses without
sufficient reason to issue such orders upon the county treasurer, he may be compelled to do
so by mandamus proceedings in the district court. See 22 Neb., 52.
School district orders are subject to same defense against a bona fide holder for value
as against the payee. 4 Neb., 359. Cited 19 Id., 564. 32 Id., 370. A writ of mandamus
cannot issue to the treasurer of a school district requiring payment by him of an order payable
by its terms at a fixed time in the future and in the meantime drawing interest at a rate per
centum defined by the terms of the order itself. 39 Id., 570. Moderator must countersign
all proper orders. 35 Neb., 655.
The school board has no authority to draw and accept orders on a fund which the dis-
tict has proposed, but not yet raised. 4 Neb., 360.
6779 Sec. 80. Annual report. The director shall, within ten days
after the annual district meeting, deliver to the county superintendent,
to be filed in his office, a report under oath, showing the whole number of
children belonging to the district between the ages of five and twenty-one
years according to the census taken aforesaid; and any district board neglect-
ing to take the enumeration and make a return of the same shall be liable to
the district for all school moneys which such district may lose by such neglect.
Within ten days after the annual district meeting, the director shall
report to the county superintendent, to be filed in his office a report under
oath, showing: *
1st. The number attending school during the year under five, and also
the number over twenty-one years of age.
2d. The whole number that have attended school during the year.
3d. The whole number in the district between the ages of eight and
fourteen years, inclusive.
4th. The whole number in the district between the ages of eight
and fourteen years inclusive, that have attended school not, loss than twelve
weeks during the school year.
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5th. The length of time the school has been taught during the year by a
qualified teacher, the length of time taught by each teacher, and the wages
paid to each.
6th. The total number of days all pupils between the ages of five and
twenty-one years have attended school during the year.
7th. The amount of money received from the county treasurer during
the year, and the amount of money expended by the district during the year.
8th. The number of mills levied for all school purposes.
9th. The kind of books used in the school.
10th. Number of children to whom text-books are furnished, and kinds
of books.
llth. The amount of bonded indebtedness.
12th. Such other facts and statistics as the superintendent shall direct*
The penalty incurred by a failure to report correctly the items in the first paragraph
of this section applies equally to the others. Should the director not send in a complete report,
it is the duty of the county superintendent to return it for correction. The report must be made
under oath. See section (3242) 10, Chapter 32.
6780 Sec. 81. Statement valuation taxes. It shall be the duty of
the director to furnish, for the use of the annual meeting of each year, a
statement of the aggregate assessed valuation of all property in the district,
and the amount of taxes, as near as may be, that will be collected for the use
of the district.
ARTICLE V.
DISTRICT BOARD POWERS AND DUTIES.
SECTION
6781. Board quorum.
6782. Report of taxes voted.
6783. General management.
6784. Non-resident pupils.
6785. Suspension of pupils.
6786. Procure site and house.
6787. Title to site.
6788. Payment of money.
6789. Care of property.
SECTION
6790. Vacancy in office how created.
6791. Same how filled.
6792. Same on division of district.
6793. Officer not interested in contract.
6794. Water closets.
6795. School district library.
6796. Same care rules.
6797. Support of school library.
6781 Sec. 82. Board quorum. The moderator, director, and treas-
urer shall constitute the district board, and in all meetings of the board two
members shall constitute a quorum for the transaction of business. Meetings
of the board may be called upon the agreement of two members, but all
members shall have notice of the time and place of meeting.
A contract entered into and signed by persons styling themselves as director and mod-
erator of a school district is their individual contract and not binding on the district. 4 Neb.,
254. The action of a majority of the board will not bind the district without notice to or par-
ticipation therein of the other members. Id.
A contract with a teacher is an exception to this rule. 13 Neb., 69. 35 Id., 655.
6782 Sec. 83. Report of taxes voted. Immediately after the annual
district meeting, and not later than the first Monday in July, the board shall
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make and deliver to the county superintendent, and also to the county clerk
of each county in which any part of the district is situated, reports in writing
under their hands, of all taxes voted by the district during the current school
year, to be levied on the taxable property of the district, and to be collected
by the county treasurer at the same time, and in the same manner as the state -
and county taxes are collected; and when collected, to be paid over to the
treasurer of the proper district on the order of the director, countersigned by
the moderator of the district. It shall be the duty of the county clerk to
levy such taxes, if voted according to law.
Taxes were voted by a district while comprising three townships. Before the levy 2J
townships were detached. Held, Taxes should be levied on the district as it existed at the time
of the levy. 9 Neb., 336. But where such taxes were leyed in the district as it existed at
the time they were voted and collected from property therein; held, that the new district could
recover from the old the amount collected in its territory. Id. When a district board refuses
to act. it may be compelled to perform its lawful duties by a writ of mandamus. 11 Neb.,
359.
6783 Sec. 84. General management. The district school boards shall
have the general care of the schools, and shall have the power to cause pupils
to be taught in such branches and classified in such grades or departments as
may seem best adapted to a course of study which the school boards of any
county shall establish by the consent and advice of the county superintendent
thereof, and the school board of each district shall cause a record of the ad-
vancement in each branch of study of all the pupils to be kept in a book
provided for this purpose; and it is hereby made the duty of each district
board, or of one of their number empowered by the board, to attend all meet-
ings called by the county superintendent for the purpose of adopting or
revising a course of study for the advancement of district schools, or making
rules and regulations as they may think necessary for the government and
health of the pupils, and of devising such means as may seem best to secure
regular attendance and progress of children at school.
*(a) If it is the wish of a large majority of the patrons of the district that a foreign lan-
guage be taught, the board would have authority to allow this to be a part of the course of study.
A foreign language should not be used as the medium of instruction in other branches, but
may be studied simply as a language.
The parent has a right to make a reasonable selection of the studies he desires his child
to pursue from the course prescribed by the district board, and this selection must be respected
by the trustees, as the right of the parent in this regard is superior to that of the trustees
and the teacher. 31 Neb., 552.
t(b) Our statutes confer upon the~school 'board the power "to make such rules and
regulations as they may think necessary for the government of the scholars." This grant of
authority include! the right to require excuses for absence and tardiness. It ought to be re-
membered, however, that very much depends upon the manner of enforcement of such a rule.
A regulation harmless and proper in itself might be enforced in such a way as to render it exceed-
ingly obnoxious and almost unendurable to parents and pupils. If a certain rule is benefi-
cial to the school, it ought not to be difficult to convince parents of its usefulness; for certainly
no one is more interested in the welfare of the school than the parents who entrust their chil-
dren to its instruction and discipline. Attendance rules should be enforced with the greatest
courtesy and consideration, and they will encounter no serious opposition from the parents
for the benefit of whose 'children they are intended.
It seems quite reasonable that, after the last primary clan is once fairly started, no pupils
should be permitted to enter the school unless they can pursue the studies of some class already
formed; otherwise the one or two who enter later will require as much time and attention from the
teacher as would an entire class. As a rule, pupils who are too young to enter the lowest exist-
ing class will lose very little by waiting until the beginning of the next term. In fact, in most
cases, it would be better for them to do so. Such a regulation seems, therefore, to be proper
and reasonable and within the power of the district board; and to secure the sympathy and
co-operation of the people, it ought to meet with no resistance.
The school trustees have authority to classify and grade the scholars in the district and
cause them to be taught in such departments as they may deem expedient; they may also pre-
scribe the courses of study and text books for the use of the school, and such reasonable rules
Decisions which apply only to rural and village schools,
t Decisions which apply to all school districts.
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and regulations as they may think needful. They may also require prompt attandence, re-
spectful deportment and diligence in study. The parent, however, has a right to make a reas-
onable selection from the prescribed courses of study for his child to pursue, and this selection
must be respected by the trustees, as the right of the parent in that regard is superior to that
of the trustees and the teacher. 31 Neb., 552.
The district school board is specially invested by the statutes with the general care and
management of the school and the employment of teachers; and, as an incident to these powers,
has a right to discharge a teacher for incompetency, or for any other sufficient cause, at the
will and pleasure of a majority of its members. Maxwell J., dissenting. (Bays vs. State, 6
Neb., 167.)
The board may discharge a teacher who, for any cause, is found incompetent 6 Neb
173. Cited 31 Id., 552.
There is no express statute in this state making vaccination compulsory or imposing it
as a condition upon the privilege of attending our public schools, neither have we a supreme
court decision bearing upon this particular point. Our supreme court has decided, however,
that a school board has the power to adopt and enforce appropriate and reasonable rules and
regulations for the government and management of the school under its control. The ques
tion of the right of a school board to exclude pupils from school if they are not vaccinated has
been passed upon by the supreme court of Michigan. The decision rendered is to the effect
that a standing rule prohibiting unvaccinated pupils from attending school could not be estab-
lished, though temporarily during an epidemic the board may exclude persons who have not
been vaccinated. The supreme court of Indiana has held that a local board of health has
power to require that no unvaccinated child be allowed to attend the public school during the
continuance of a threatened smallpox epidemic.
Under the existing statutes of Nebraska and in the light of these supreme court deci-
sions, it is the ruling of this department that a standing rule prohibiting unvaccinated pupils
from attending school could not be enforced, though temporarily during an epidemic of
mallpox, the board may exclude persons who have not been vaccinated.
6784 Sec. 85. Non-resident pupils. The board may also admit to
the district school non-resident pupils, and may determine the rates of tuition
of the pupils and collect the same in advance, but no tuition shall be charged
such children as are or may be by law allowed to attend the school without
charge.
Under the statutes of Nebraska (section 3, 678 C. S., 1905), the minority of a female
child ends at the age of eighteen years. Where a woman between eighteen and twenty-one
years of age elects in good faith to make her residence in a certain school district, and does actu-
ally reside therein, she has the right to free school privileges in said district.
Children of school age are entitled to free school privileges only in the district in which
their parents, or the ones standing in the relation of parents, or legal guardians make their
legal residence. To be a legal guardian one must have been so recognized by a court of proper
jurisdiction, with such guardianship made a matter of record by the court.
The supreme court has decided that: The father of a child of school age, or one stand-
ing in loco parentis to the child, may maintain an action to compel the directors of a school
district to allow the child to attend school in the district where the child is a bona fide resident.
Where a child of school age is wrongfully denied admission to the public school of a district,
an injunction may properly issue to restrain the directors of a school from interfering with his
attendance. Commissioners' Opinion, Department No. 3, Nebraska Reports (Herdman,)
Vol. II., 1901-1902, pages 238-242. The court in expounding this ruling said: "Where a
child with the consent of his parents goes to live in the family of another as a member of
the family and under an agreement that that is to be his home, and that he is to becared for and
provided with school facilities, he becomes a bona fide resident of the district where living,
and the person with whom he resides occupies the relation of a parent, stands in loco parentis,
and may. demand for him every right to which his own son is entitled."
A person who graduates from the public schools of Nebraska does not lose his privilege
of attending school by reason of his graduation. He has a right to continue the same studies
in the same school and will have the same privileges as the school guarantees to other pupils
in the matter of text books, etc., providing no separate classes are required for his instruction.
The residence of a pupil is usually with his parents, if living, but may be elsewhere.
Children sent into the district just to board and attend school are not residents.
6785 Sec. 86. Suspension of pupils. They may authorize or order
the suspension or expulsion from the school, whenever in their judgment the
interests of the school demand it, of any pupil guilty of gross misdemeanors
or persistent disobedience, but such suspension shall not extend beyond the
close of the term.
This section gives school boards authority to suspend pupils. There is no law for refer-
ring such questions to a special district meeting, and it will save acrimony if the board, after
consulting with the teacher or teachers, will settle all such matters with the least possible public
disturbance.
The right to suspend or expel vests in the board, but may be exercised by the teacher in
emergencies, with immediate reference to the board for final action.
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The statute empowers the school district board to suspend or expel pupils from the
school, and it also provides that "such suspension shall not extend beyond the close of the
term." The expression "term" is not denned in the statutes. In the absence of any defini-
tion 011 the part of the board, the word term would naturally apply to the entire period during
which school is in session during the school year. But where the school district board has
made and adopted a series of rules by which the school year is divided into specific terms, the
board would have no authority to suspend a pupil for a period extending beyond the close of
the current term as defined in said rules.
Control of pupils outside of school hours. Let us divide the question at issue into two
parts; first, the teacher's authority over pupils on the way to and from school; and second, his
authority over pupils at other times and places than in school, on school grounds, on the way to
and from school, or during school hours. The laws of Nebraska do not touch directly upon the
matter of the teacher's authority over pupils on the way to and from school. Several decisions
of different supreme courts, however, seem to indicate that where there is no statutory provision
to the contrary, the teacher may exercise a reasonable control over pupils on the way to and from
the schoolhouse in all matters of conduct which affect the interest and discipline of the school.
This authority must be exercised with great discretion on the part of the teacher, and he will be liable
for any flagrant perversion or abuse of it. The teacher stands hi the place of the parent at school
and has the same jurisdiction over the conduct of the pupil there that the parent has at home. It
seems to be a simple deduction from this principle that the teacher has authority over the pupils
at all times when they are thrown together in consequence of their attendance at school, and it
would be very disastrous to school discipline if the teacher were denied a reasonable control over
the actions of the pupils on the way to and from the schoolhouse. This right, therefore, seems to
belong to the teacher by implication without any express statement of law to that effect.
.For acts committed in or about the homes of the pupils, it would avoid a source of much
trouble and irritation if the teacher would consult with the parents, reasoning with them, if they
are reasonable, and parents usually are when the facts are fairly stated and they see that some
action is necessary for the good of their own children. Teachers should not be arbitrary or dicta-
torial.
It has long been the ruling of this department that a teacher has the legal right to detain
pupils after the regular school hours, when circumstances make it necessary.
Corporal punishment. The statutes of Nebraska are silent as to the right of a teacher to
inflict corporal punishment, and the matter seems never to have been brought before our supreme
court; but the holdings of supreme courts of other states are quite uniform and positive in the
matter, and are in substance as follows: A teacher in charge of a school stands in the place of the
parent while the pupils are under his or her control and has the same right to command and to
enforce obedience which the parent has in the home. This right includes the infliction of corporal
punishment in a reasonable manner and with the proper motive. If it can be shown that the pun-
ishment was cruel or excessive or inflicted with malice on the part of the teacher, then such teacher
is liable to prosecution and punishment. As a matter of educational policy, there is no question
that corporal punishment is to be used only as a last resort; and our best teachers almost invariably
succeed in avoiding it. Nevertheless there are cases, growing out of unusual perversity or unfor-
tunate influences at home, which make its use advisable and sometimes even indispensable. While
the constant aim of the teacher and school board should be to reduce the use of this method of
discipline to a minimum, there can be no question as to the legal right of the board to authorize,
and of the teacher to employ, corporal punishment, under proper circumstances, in the proper
manner and with the proper motive.
The law empowers a school board to suspend or expel a pupil from school who is guilty
of gross misdemeanors or persistent disobedience, whenever in their judgment the interests
of the school demand it; but such suspension shall not extend beyond the close of the term.
In case of emergency the teacher may suspend a pupil and refer his actions and the reasons
therefor immediately to the board.
School boards are empowered to make rules governing their schools. If they see fit
to admit a pupil who has been expelled they have a perfect right to do so.
"An action of mandamus will lie and may be maintained to reinstate a pupil in a school
if the action of the officer or officers by which the party was refused admission 10 or continu-
ance in the school was an arbitrary or capricious exercise of authority." 57 Web., 183.
6786 Sec. 87. Procure site and house. They shall purchase or
lease such site for a school house as shall have been designated by the dis-
trict, in the corporate name thereof, and shall build, hire, or purchase the
schoolhouse out of the fund provided for that purpose, and shall make sale
and conveyance of any site or other property of the district, when lawfully
directed by the qualified voters at any annual or special meeting.
Subject to certain restrictions, the qualified electors of school districts are intrusted
with the power to determine what sort of a schoolhouse shall be erected, and the extent of the
expenditures therefor; and when so determined the school board has no authority to change
the same, and thus bind the district for an increased expenditure.
It is within the authority of the school board to make temporary arrangements for
carrying on the school whenever this matter is neglected at the annual district meetings The
school board should rent a building and pay. for the same out of the funds 01' the district It
is not only a right but it would be a duty incumbent on the school board, to go provide room
and teachers for the pupils of the district.
Building Committee 45 Neb., 230.
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6787 Sec. 88. Title to site. The district shall not in any case build
a stone or brick schooinouse upon any site, without having first obtained a
title in fee to the same; and, also, that they shall not in any case build a frame
schoolhouse on any site for which they have not a title in fee, without the
privilege to remove the same when lawfully directed to do so by the qualified
voters of the district at any annual or special meeting.
6788 Sec. 89. Payment of Money. The district board shall apply
and pay over all school moneys belonging to the district in accordance
with the provisions of law regulating the same, as may be directed by the
district, but no school money apportioned to any school district shall be
appropriated to any other use than the payment of teachers' wages; and no
part thereof shall be paid to any teacher who shall not have received a cer-
tificate as required in this chapter, before the commencement of his or her
school.
6789 Sec. 90. Care of property. The board shall have the care and
custody of the schoolhouse and other property of the district, except so far
as the same shall be confided to the custody of the director.
This section has given rise to much controversy, and many disputed points still remain
unsettled. The following opinions seem to be well founded:
1. The schoolhouse was erected for school purposes, and cannot legally be used for
any other purpose that will interfere with its use for this.
2. A room in a schoolhouse not needed for school purposes may be leased for any pur-
pose not injurious to the school, or a detriment to the usefulness of the other parts of the build-
ing for school purposes; but the contract for such lease cannot extend beyond the close of the
school year.
3. The right to determine whether a schoolhouse shall be used for other than school
purposes belongs to the voters of the district when assembled in a lawful manner; but when
the district has not acted on the subject the board has control until some action is taken by
the district. But neither board nor district has any right to allow the schoolhouses to be
used in such a way as to interfere with the school.
4. If the voters of the district wish to use the echoolhouse for meetings of various
kinds there seems no good reason why they may not so use it so long as they do not interfere
with the school work. The derisions of the supreme courts of Indiana, Illinois, Iowa, and
many other states confirm this view. Kansas, New Jersey, and West Virginia confer upon the
trustees, by statute, the right to use the house for such purposes. In the absence of any deci-
sion by our own courts, the above rulings will govern this department.
Sec. 90a. Buildings for other than school purposes. The
board of education of every school district in -which is included any
incorporated city or village may in its discretion permit the
use of public school buildings for public assemblages under such
rules and regulations as it may adopt. A majority of the qualified
electors at any annual meeting in any rural school district may by
resolution permit a similar use of school buildings within such
district under rules and regulations which may be adopted at
such annual school meeting, or in case none are adopted then
under rules and regulations prescribed by the district board.
The board of education may exact such rental as may be neces-
sary to meet the expense of such meeting, restore the property
and pay for extra help required. In rural school districts such
rental may be fixed by resolution adopted at the annual school
meeting, but in default of such provision the district board may
fix the rental. (Emergency.)
6790 Sec. 91. Vacancy in office how created. Every school district
office shall become vacant by the death, resignation, or removal from office,
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or removal from the district of the incumbent, or by his absence from the
district for a continuous period of sixty days at one time.
If an officer resigns at an annual district meeting, and his resignation is accepted by the
board at the meeting, the voters present may elect a successor to complete the term of office
The general rule is that the resignation of an officer should be presented to the board
or the officer who has authority to fill the vacancy so created. At the time of the annual-meet-
ing the resignation of a district officer should be presented to the meeting; at any other time,
to the district board.
Two members of a school board cannot of their own volition remove the other member
from office. The only way to remove a school district officer is by proper action before a court
of competent jurisdiction.
When a school officer resigns, and his resignation is accepted, he cannot withdraw it
and again resume office.
6791 Sec. 92. Same how filled. The board shall have power
to fill by appointment any vacancy that may occur in their number, and
it shall be their duty to fill such vacancy after its occurance; Provided,
in case said board shall, from any cause, fail to fill such vacancy, the same
may be filled by election at a special school district meeting called for that
purpose, by the qualified voters present, which meeting shall be called in the
same manner and be subject to the same regulations as other special district
meetings.
When vacancies occur in school boards, the vacancies are filled by appointment or by
election at a special district meeting. If by appointment, the appointee serves until the next
annual meeting; if by special election, he serves for the remainder of the unexpired term.
6792 Sec. 93. Same on division of district. When by a divi-
sion of a district, no more than one officer is left in the old district, the county
superintendent shall appoint, to fill the vacant offices, suitable persons, who
shall hold their offices until the second Monday in July after the next annual
meeting, and until their successors are elected and qualified.
6793 Sec. 94. Officer not interested in contract. No school officer
shall be a party to any school contract for buildine or furnishing supplies,
except in his official capacity as a member of the board.
The spirit of section 13, subdivision 4 seems to authorize the director to furnish, under
the direction of the board, in such a way as he may see fit, such supplies and repairs as are
necessary for the proper maintenance of the school. It seems equally clear that .the statutes
give the district board no authority to make extensive repairs or to incur large or unusual
expenses without the consent of the district meeting. Any action of public officers is voidable
if vitiated by fraud. When school district officers employ each other for services to the dis-
trict involving pecuniary profit, the transaction bears on its face a strong suggestion of col-
lusion and fraud which presumption, however, may be overcome by competent evidence of
good faith.
6794 Sec. 95. Water closets. It shall be the duty of school district
boards to provide on every schoolhouse site, and keep in good repair and in
clean and healthful condition, at least two separate water closets or privies,
ocated on those portions of the site farthest from the main entrance to
the schoolhouse, and as far from each other as the surrounding condition will
permit; Provided, where adequate and separate Anterior closets are
provided and maintained in good repair and healthful condition, the forego-
ing condition of this section shall not apply.
6795 Sec. 96. School district library. The school board or school
trustees of every school district within this state may at its discretion set aside
annually from the general funds collected for the use of the district the sum of
ten cents per pupil as shown by the total number of pupils within the school
50 THE NEBRASKA SCHOOL LAWS
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district at the last annual school census. The amount so set aside shall be
known as the district library fund, and shall be by the school board or school
trustees of such district annually invested in books other than the regular
text books, which books so provided, shall be suitable for the district school
library.
6796 Sec. 97. Same care rules. The school boards or school trus-
tees shall provide for the care of such library at the schoolhouse and shall
prescribe the rules and regulations under which it shall be used by the district.
6797 Sec. 98. Support of school library. By direction of the school
board or board of trustees of any school district in which a free public library
is maintained and to the support and extension of which a sum not less than
three hundred ($300) dollars is expended annually, the two next preceding
sections shall be inoperative.
ARTICLE VI.
DISTRICTS CONTAINING MORE THAN ONE HUNDRED FIFTY PUPILS
SECTION
6798. District board.
6799. Officers of board.
SECTION
6800. Powers of trustees.
6801. Annual statement.
6798 Sec. 99. District board. Any district containing more than
one hundred and fifty children, between the ages of five and twenty-one
years, may elect a district board consisting of six trustees; Provided,
The district shall so determine at an annual meeting by a vote of a major-
ity of the voters attending such meeting. When such change in the dis-
trict board shall have been voted, the voters at such annual meeting shall
proceed immediately to elect two trustees for the term of one year, two for
the term of two years, and two for the term of three years, and annually
thereafter two trustees shall be elected, whose term of office shall be three
years, and until their successors shall have been elected and qualified.
After a school district has once been legally organized under subdivision 6 9f the School
Laws, the mere fact that the enumeration of pupils falls below 150 would not of itself destroy
the organization as a high school district.
In the formation of a high school district, it is necessary to re-organize and elect an
entire new set of trustees.
The change from a primary to a high school district can be made only by a vote at the
annual district meeting.
The change from a high school district back to a primary district follows the same
rules as from the primary district to the high school district and can only be made at the
annual meeting.
The official terms of the old board expire on the second Monday of July following the
election of the new board of trustees. 17 Neb., 556.
6799 Sec. 100. Officers of board. Within ten days after their
election, such trustees ahall file with the directors a written acceptance of the
office to which they have been elected, and shall annually elect from their own
number a moderator, a director and a treasurer, and for cause may remove
the same, and may appoint others of their own members in their places, who
shall perform the duties prescribed by law for such officers in the primary
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school districts in this state, except as hereinafter provided. The trustees
shall have power to fill any vacancy that may occur in their number until the
next annual meeting. Whenever in any case the trustees shall fail, through
disagreement or neglect, to elect the -officers named in this section within
twenty days next after their annual meeting, the county superintendent of the
county in which such district makes its annual report shall appoint such
officers from the members of said trustees.
In a board of six methbera it requires the affirmative vote of four members to elect teach-
ers, fill vacancies in the membership of the board and make any appropriation of money.
6800 Sec. 101. Powers of trustees. The trustees shall have power
to classify and grade the scholars in such district, and cause them to be
taught in such schools and departments as they may deem expedient; to
establish in the district a high school when ordered by a vote of the district
at any annual meeting, and to determine the qualifications for admission to
such schools; to employ all teachers necessary for the several schools of said
district; to prescribe courses of study and textbooks for the use of such schools;
and to make such rules and regulations as they may think needful for the
government of the schools and for the preservation of the property of the
district, and also to determine the rates of tuition to be paid for non-resident
pupils attending any school in the district except non-resident pupils attend-
ing the high school without charge.
Power given to enforce reasonable rules. Report Cards. 35 Neb., 1. Selection of
studies by the parent. 31 Neb., 552.
6801 Sec. 102. Annual Statement. The said trustees shall present
at each annual meeting, a statement in writing of all receipts and expendi-
tures on behalf of the district, for the preceding year, and of all funds then
on hand, and an estimate of the amount necessary to be raised by the
district, in addition to the money to be received from the primary school
fund and other sources for the support of the schools of said district, for
the ensuing year, and for incidental expenses thereof; and the said district
may, at the annual meeting, vote such sums to be raised by tax upon the
taxable property of said district, as may be required to maintain the
several schools thereof, for the ensuing year. That the amount of money
so voted as being necessary for the maintenance of the schools for the
ensuing year shall be certified by the district school board to the county
clerk of the county in which such school district is located, and the amount
so certified shall be levied by the county board on the assessed value of the
school district, and be collected as other taxes; Prjovided that the amount
so levied shall not exceed in any one year, thirty-five mills on the dollar
of the assessed valuation in such school district.
58
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ARTICLE VII.
RURAL HIGH SCHOOLS.
SECTION
6802. Rural High School.
6803. Proposition submission adoption.
6804. Establishment completed name.
6805. Enlargement of district.
6806. Trustees government.
6807. Same lease or purchase of building.
SECTION
6808. Powers and duties of officers.
6809. Trustees establish and maintain high
school.
6810. Expense of maintaining.
6811. Bonds when issued.
6812. Provision and terms.
6802 Sec. 103. Rural high school. Any two or more adjoin-
ing school districts in any county of this state which are not able
or do not deem it expedient to maintain a school of more than
eight grades may unite for the purpose of forming one high school
district and maintaining one high school as hereinafter provided.
Emergency.
6803 Sec. 104. Proposition submission adoption. When-
ever the proposition so to unite shall be submitted by action of
ten or more qualified electors to the regular annual meeting of
each district proposed to be so joined in such high school district,
or at a special meeting called for that purpose, as provided by law,
the proposition shall be submitted to the electors at that meeting.
Those adjoining districts in which a majority of the votes of
each district cast on the proposition to be united for high school
purposes, are cast in favor of the proposition, shall thereby be
organized as a rural high school district, and the directors shall
so notify the county clerk who shall cause the fact to be entered
on the public records. Emergency.
6804 Sec. 105. Establishment completed name. W hen
any two or more adjoining school districts in any county shall
have voted to unite for high school purposes, the officers thereof
shall certify the fact to the county superintendent of the county,
who shall thereupon give to such high school district so formed
an appropriate name, not borne by any other school district or
high school district in the county, and it shall thereafter be
known by such name as the high school district of
county, Nebraska. Where the majority of votes of each district
are cast for such a union of districts and such high school is estab-
lished, no district can withdraw its support from the union with-
out the mutual consent of all the districts expressed by the
majority vote of each. Emergency.
6805 Sec. 106. Enlargement of district. After any such
school district has been established, if any adjoining common
school district shall, by a majority vote of the qualified voters
therein at any annual or special meeting, express a desire to unite
with and be included in such high school district for the benefits
thereof, it may be done: Providing, this proposition is accepted
by a majority vote of all qualified voters at an annual or special
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meeting in a majority of the school districts so united, or if but
two districts, in each. Notice of such acceptance, by the president
of the high school district to the moderator of the common school
district, shall operate as official proclamation of the incorpora-
tion of the common school district in and part of the high school
district. Emergency.
6806 Sec. 107. Trustees government. The moderators for
the time being of the several school districts so joined for high
school purposes, provided the number of such districts shall
exceed two, shall be the trustees and governing body of such
high school district. If the number of such districts shall be two
only, the trustees shall annually choose a third person, having
the qualifications of a member of the school board in one or the
other of the respective school districts, to be a trustee of such
high school district, who shall within ten days after his election
file with such trustees or one of them a written acceptance of the
office. The trustee shall annually, subsequent to the annual
meetings of the school district so united for high school purposes,
elect from their number a chairman and a clerk and shall at the
same time elect a treasurer who may or may not be one of their
number. They shall also have power to fill any vacancy that may
occur in their number or in any of the offices till the same can be
regularly filled. Emergency.
6807 Sec. 108. Same lease or purchase of building. The
trustees shall have all the power of school boards of school dis-
tricts in this state with reference to the lease, purchase, acquisi-
tion or disposition of buildings, sites and property for school
purposes: Provided, where the provisions of law require the
consent or authority or direction of the school district, the
trustees may be authorized by the votes of meetings of a majority
of the districts so united, or if the districts are two only, of each
of them. Emergency.
6808 Sec. 109. Powers and duties of officers. The powers
and duties of the chairman, clerk and treasurer respectively of
such board of trustees shall be the same as near as may be, as
those of the moderator, director and treasurer respectively of a
school district, as fixed in Article Four of this chapter except that
no census of such high school district shall be required to be
taken, and that contracts with teachers shall require the sanction
of a majority of the trustees. Emergency.
6809 Sec. 110. Trustees establish and maintain high school.
The trustees shall-establish and maintain a high school in the
district at such place as they may deem most expedient, and to
that end shall, with the advice and approval of the county super-
intendent, have authority to determine the qualifications for
admission to such high school, to employ all necessary teachers,
to prescribe courses of study and text books, to determine the rate
of tuition to be paid by non-resident pupils attending any such
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COMPILED BY KLOPP & BARTLETT CO., OMAHA.
high school, and to make such rules and regulations as they may
think needful for the government of such school and for the
preservation of the property of such high school district : Provided
the course of .study shall conform to the general course of study
and graduation prescribed by the state superintendent of public
instruction, which he is hereby authorized to prescribe for all
high schools maintained under the provisions of this article.
Emergency.
6810 Sec. 111. (a) Expense of maintaining. The expenses
of maintaining such high schools shall be borne by the several
school districts united for the purpose, in proportion to their
assessed valuation. To that end, the trustees shall, prior to each
annual school district meeting, prepare an estimate of the sums
required for the maintenance of the high school during the com-
ing year, and the share to be borne by each school district, and
the number of mills necessary to be levied in each of the districts
so united to meet its share, and shall further certify the estimate,
the amount of the share and the amount of the required levy to
each of the district meetings. In case the meetings in a majority
of the districts so united, or in case there are but two in each, shall
reject such estimates, the trustees shall at once give ten days'
notice, by posting the same upon the door of such schoolhousc
in each of the districts and in three other of the most con-
spicuous places in each district, of a meeting of all the qualified
voters of each of the districts so united for high school purposes,
at some accessible place within the limits of the high school
districts, for the purpose of settling the amount required to main-
tain such high school, the share of each district, and the number
of mills required to be levied. At such meeting the chairman of
the board of trustees shall preside and the clerk shall record its
proceedings. The meeting shall fix, by a majority vote of the
qualified voters of the several districts present, the amount neccvs-
sary to be raised, the share of each district and the levy necessary
in each district to meet such share, and the clerk shall thereupon
forthwith certify the number of mills so fixed upon to be levied
in each district to the county board. In case, however, the esti-
mates so prepared by the trustees shall not be acted upon at Hit-
district meeting or shall not be rejected as above provided, then
the trustees shall certify the same as by them originally fixed to
the county board; the tax so fixed shall be levied in each school
district by the county board and collected as other county taxes,
and the proceeds thereof shall be turned over to the treasurer of
such high school district, except the principal sum of bonds for
the erection of a building, as hereinafter provided, shall in no
year be suffered to exceed seventy-five per cent of the aggregate
expense of maintaining all the common schools of the districts
so united for high school purposes.
(b) All rural high school districts which are now or hereafter
established with suitable grounds and a two room school building
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and the necessary departments and equipment for teaching agri-
culture and home economics or other industrial and vocational
subjects and employing teachers holding a certificate showing
their qualifications to teach said subjects, and in which said
subjects are provided as a part of the regular course in su-h
schools, subject to the approval of the superintendent of public
instruction, shall be awarded and paid from the state treasury,
from moneys not otherwise appropriated, the sum of $100 toward
the equipment required, and the further sum of $150 annually.
(c) All rural high school districts which are now or here-
after established with suitable grounds and a three room building
and the necessary departments and equipment for teaching
agriculture and home economics or other suitable and vocational
subjects and employing teachers holding certificates showing
their qualifications to teach said subjects, and in which said
subjects are provided as a part of the regular course in such
schools, subject to the approval of the superintendent of public
instruction, shall be awarded and paid from the state treasury,
from moneys not otherwise appropriated, the sum of $150 toward
the equipment required and the further sum of $200 annually.
(d) All rural high school districts which are now or hereafter
established with suitable grounds and a four or more room school
building and the necessary departments and equipments for
teaching agriculture and home economics or suitable vocational
subjects and employing teachers holding certificates showing
their qualifications to teach said subjects, and in which said
subjects are provided as a part of the regular course in suchschool,
subject to the approval of the superintendent of public instruc-
tion, shall be awarded and paid from the state treasury, from
moneys not otherwise appropriated, the sum of $250 toward the
equipment required and the further sum of $300 annually.
Emergency.
6811 Sec. 112. Bonds when issued. When authorized by a
two-thirds majority vote of all qualified voters present at an
annual or special meeting in a majority of the school districts so
united, or if there be but two districts so united, in each, the trus-
tees may issue and negotiate the bonds of such high school dis-
trict for the purpose of raising money to provide for the erection
and furnishing of the improvement of a high school building.
The bonds so issued shall not when added to the aggregate of the
bonded indebtedness of the several school districts so united for
high school purposes exceed ten per cent of the aggregate assessed
valuation of the several school districts as shown by the last pre-
ceding assessment. Emergency.
6812 Sec. 113. Provision and terms. The bonds shall con-
form to, and their payment, cancellation, refunding and the
application of the proceeds thereof, shall be governed by and as
provided for in several provisions of Article VIII of Chapter 8 of
the Revisefl Statutes. Emergency.
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ARTICLE VIII.
FREE HIGH SCHOOL EDUCATION.
SECTION
6813. High school grade defined course of
study rules of admission.
6814. Tuition charges.
6815. Application of parent or guardian
estimate of County Supt. levy.
SECTION
6816. District board deliver estimate of levy
to County Clerk.
6817. Same County Superintendent.
6818. No levy.
6813 Sec. 114. High school grade defined course of study rules of
admission. Provision is hereby made for four years of free public high school
education for all the youth of this state whose parents or guardians live in
public school districts which maintain less than a four- year high school course
of study, on the following conditions, to wit:
First For the purposes of this act all grades above the eighth grade in
any public school district of this state shall be deemed high school grades.
The course of study for the first eight grades shall be the course of study
prescribed by the state superintendent of public instruction or a course of
study approved by him, and the course of study for the high school grades
shall be the Nebraska High School Manual issued jointly by the University
of Nebraska and the state superintendent of public instruction or a course of
study approved by the state superintendent of public instruction.
Second Every pupil to be entitled under the provisions of this article to
free public high school education in the ninth grade of any public school
district maintaining such grade must have a certificate signed by the county
superintendent of the proper county that he has completed the course of study
prescribed by the state superintendent for work below the ninth grade as set
forth in the first condition of this section and that he is unable to secure
ninth grade work in the public school district of his residence.
Third Every pupil to be entitled under the provisions of this article to
free public high school education in the tenth grade of any public school dis-
trict maintaining such grade must have a certificate signed by the county
superintendent of the proper county that he has completed the course of
study for the ninth grade as set forth in the first condition of this section and
that he is unable to secure tenth grade work in the public school district of
his residence.
Fourth Every pupil to be entitled under the provisions of this article to
free public high school education in the eleventh grade of any public school
district maintaining such grade must have a certificate signed by the county
superintendent of the proper county that he has completed the course of
study for the tenth grade as set forth in the first condition of this section and
that he is unable to secure eleventh grade work in the public school district
of his residence.
FifthEvery pupil to be entitled under the provision of this article to free
public high school education in the twelfth grade of any public school district
maintaining such grade must have a certificate signed by the county superin-
tendent of the proper county that he has completed the course of study for
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the eleventh grade as set forth in the first condition of this section and that he
is unable to secure twelfth grade work in the public school district of his
residence.
Sixth Every non-resident pupil attending any public school under the
provisions of this article shall have the same rights and shall be subject to
the same rules and restrictions which govern resident pupils attending such
public school. Any public school district unable to furnish accommodations
to non-resident pupils without constructing or renting additional buildings,
hiring extra teachers, or for other reasonable cause, may refuse admission
to any or all such non-resident pupils.
6814 Sec. 115. Tuition charges. Every public school dis-
trict granting free public high school education to non-resident
pupils under the provisions of this act shall receive the sum of
one dollar for each week's attendance by each non-resident pupil
from the public school district in which the parent or guardian
of such non-resident pupil maintains his legal residence. Such
public school district is hereby made liable for the payment of
such tuition. Provided, however, that if such school district in
which the parent or guardian of such non-resident pupil main-
tains his legal residence is not able to maintain nine months of
school out of its own resources after levying the full amount of
taxes it is permitted by law to levy for school purposes, together
with the apportionment from the state school fund, then and in
that case, said district shall not be liable for such tuition.
6815 Sec. 116. Application of parent or guardian estimate of
county superintendent Levy The parent or guardian of any pupil desiring
to take advantage of the provisions of this article for free high school education
shall make application, in writing, to the county superintendent of the proper
county on or before the second Monday in June of each year. Such applica-
tion must show the number of the public school district in which such parent
or guardian maintains his legal residence, the number of pupils for whom free
high school education is desired, and the high school grade which each pupil
is to enter. It shall be the duty of the county superintendent to make and
deliver to the director or the secretary of the board of education of such
public school district on or before the annual meeting of each year an itemized
estimate of the amount necessary to pay the tuition of all pupils in that dis-
trict entitled to and for whom proper application has been made for -free high
school education as in this article provided. Such estmate shall show definitely
the number of pupils for whom proper application has been made for free high
school education and the grade each pupil is to enter. The director or secre-
tary of the board of education of such public school district shall include said
estimate for free high school education in his itemized estimate which he is
required to present at each annual school district meeting as provided in
section 41, of this chapter. The legal voters at the annual school district
meeting each year shall determine the amount of money required for free
high school education during the coming school year as in this article pro-
vided, which shall be an amount sufficient to provide free high school edu-
cation in accordance with the estimate furnished the annual school dis-
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trict meeting by the director or secretary of the hoard of education as here-
in required, and the amount of money so required shall be levied as a tax upon
all the taxable property of the school district. Immediately after the annual
school d'istrict meeting and not later than the first Monday in July the di
trict board or the board of education of such public school district shall make
and deliver to the county superintendent and to the county clerk of each
county in which any part of such public school district is situated reports
in writing, of all the taxes, including the tax necessary for free high school
education as in this article provided, voted by the public school district for the
coming school year, to be levied, on all the taxable property of the district
and to be collected by the county treasurer as provided in section 82 of this
chapter. The tax for free high school education, when collected, shall constitute
a fund to be known as the "free High School Fund" and shall be placed to the
credit of each public school district in which such tax is levied. Money belong-
ing to the Free High School Fund of any public school district shall be paid out
by the county treasurer to the treasurer of the public school district earning
such tuition at the end of each school term upon an order signed by the direct
tor and countersigned by the moderator of the public school district liable
for such tuition, drawn against the fund. Money remaining in the Free
High School Fund of any district at the end of each school year after the
purpose for which it was raised has been accomplished and after all debts for
which the fund is liable have been discharged shall be transferred by the
county treasurer to the general fund of each district.
If a school district fails to vote the necessary high school tax, or the district board fails
to make the necessary report to the county superintendent, it becomes the duty of the county
superintendent to make and deliver such report to the county clerk whose duty it is to make
the required levy the same as though the tax had been voted at the annual school district
meeting.
The neglect of the parent to discharge his duty means the loss of free high-school privi-
leges for his children for the ensuing year.
All the parent needs to decide is that free high-school privileges are desired for the ensu
ing year. If proper application is made, the parent or guardian may later make choice of
place of attendance.
A pupil seeking free high school tuition must be a resident of the district at the time
of the annual meeting, and must at that date have the county superintendent's certificate
that he has completed the school work of such district. Otherwise, a district is not legally
answerable for his tuition.
A pupil is entitled to free high school attendance only so long as the legal residence of
his parents or guardian is maintained in the district of his residence at the time an application
for free high school attendance was made, and in the district in which the tax was levied
pay for such free high school tuition. Should the parent or guardian remove to another dis-
trict before the expiration of the time for which free high school attendance was applied for
the district in which a tax was levied should then cease to pay for such pupil. The district
is authorized to pay free high school tuition only for the resident pupils of the district who are
entitled to such free high school privileges. The pupil becomes a non-resident of the district
which levied the tax for his tuition when his parent or guardian removes to another district.
Such pupils will then have no claim on the district which levied the tax for free high-school
tuition.
The free high school tax levy is entirely independent of the maximum levy of twenty five
mills for the maintenance of school, and is known as the "Free High-School Fund," and as
such is to be placed to the credit of each public school district in which such free high school
tax is levied. It follows, therefore, that a school district voting twenty-five mills tax tor main-
taining school must vote in addition thereto, the necessary tax for payment of tuition of all
pupils of such district entitled to free high school privileges.
6816 Sec. 117. District board deliver estimate of levy to county clerk.
If the annual school meeting in any public school district wherein there are
pupils entitled to and desiring free high school education as in this article pro-
vided neglect or refuse to vote the necessary tax therefor, the school district
board or the board of education of such public school district shall make and
deliver to the county superintendent and to the county clerk of each county
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65
in which any part of the school district is situated, not later than the first
Monday in July, an itemized estimate of the amount necessary to be expended
during the ensuing school year for free high school education by such public
school district. It shall be the duty of the county clerk to levy such tax-en-
all the taxable property of such public school district the same as though said
tax had been voted by the annual school district meeting, to be collected and
disbursed by the county treasurer as provided in the next preceding section.
6817 Sec. 118. Same county superintendent. If the district board
or board of education of any public school district wherein there are pupils
entitled to and desiring free high school education as in this act provided
neglect or refuse to make and deliver the required estimate as set forth in
the next preceding section, the county superintendent of the proper county
shall make and deliver to the county clerk of each county in which any part of
such public school district is situated, not later than the first Monday in
August following the annual school district meeting, an itemized estimate of
the amount necessary to be expended by such public school district during the
ensuing year for free high school education. It shall be the duty of the county
clerk to levy such tax on all the taxable property of such school district the
same as though such tax had been voted by the annual school district meet-
ing, to be collected by the county treasurer at the same time and in the same
manner as the state and county taxes are collected, and when collected to be
paid out as provided in the second next preceding section.
6818 Sec. 119. No levy. In a public school district in which in
any year there are no pupils entitled to and desiring free high school educa-
tion as in this act provided no tax shall be levied for such purpose in that year.
ARTICLE IX.
COUNTY HIGH SCHOOLS.
SECTION
6819. Establishment.
6822. Governing board.
6823. Powers of board teachers estimate.
6824. Record of board.
6825. Treasurer duties claims.
6826. Rules and regulations.
6827. Board compensation meetings.
SECTION
6828. Certificates and diplomas.
6829. Morals of pupils.
6830. When district property not taxed.
6831. Tuition.
6832. Bonds.
6833 . Who can vote on high school proposi tion .
6835. Schools County High.
6819 Sec. 120. Establishment. A county high school shall
be established by every county in which there is not now located a
twelfth grade high school accredited to the state university in
the manner hereinafter prescribed for the purpose of affording
better education facilities for pupils who have advanced beyond
the eighth grade. For the purpose of this article all grades above
the eighth grade in any public school district in this state shall
be deemed high school grades. The course of study for the high
school grades shall be the Nebraska high school manual issued
66 THE NEBRASKA SCHOOL LAWS
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jointly by the University of Nebraska and the state superintendent
of public instruction, or a course of study approved by the state
superintendent of public instruction; and, in addition thereto,
there shall be taught and practiced in the ninth and tenth grades,
manual training, domestic science and the elements of agricul-
ture and in the eleventh and twelfth grades normal training and
the theory and practice of agriculture. For the purpose of
such teaching and practice the board of regents is hereby authori-
ized to purchase the necessary apparatus and materials. The
county board shall purchase a tract of land not less than five
acres conveniently situated near said county high school, for
actual practice by all the students or a part of the students,
under the direction of a competent instructor, for experimenta-
tion in all forms of agriculture. Emergency.
Sec. 120a. Compulsory, where. The county "board of any county
in this state that does not have organized within the "borders of such
county, a twelfth grade high school accredited to the State University, shall
be deemed authorized and it shall become their duty on the first Monday of
June to call a meeting of all the directors of the several school districts in
the county to meet at the county seat to elect a board of regents in accord-
ance with the provisions of law governing boards of regents for county high
schools and which provisions shall apply to a school organized by the county
commissioners or supervisors the same as if organized as now provided for
by law. The county high school herein provided for by law shall be located
at the county seat of such county.
6822 Sec. 123. Governing board. The board of such county high
school shall consist of five members, to be known as the board of regents.
Three members of the board shall be elected as follows: The directors of the
various school districts shall meet in the office of the county superintendent of
public instruction on the last Saturady in June, following the establishment of
any such school, and there choose by ballot a board of three regents, one to
serve for the term of one year, one for the term of two years, one for the
term of three years; and one shall be chosen annually thereafter whose
term of office shall be for three years or until his successor is elected and
qualifies. The board of regents shall have power to fill any vacancy that
may occur in their number until the next annual school meeting. The county
treasurer shall by virtue of his office be the treasurer of the board. The
county superintendent of public instruction shall by virtue of his office be the
secretary of said board.
6823 Sec. 12 i. Powers of board teachers estimate. The board of
regents shall have power to employ a superintendent for a term of three years
and assistant teachers for a term of two years, and such other employees as
may be required, to fix their compensation and prescribe their duties. They
shall have power to remove all persons appointed by them, by a majority
vote, to adopt books and purchase fuel. They shall annually during the
month of June make an estimate of the amount of funds required for the
support of the schools during the fiscal year next ensuing, the amount of
funds required for the purpose of school sites, the erection of school build-
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ings, the payment of interest on bonds issued for school purposes and the
creation of a sinking fund for the payment of such indebtedness, and the
county board when sitting as a board at the time provided by law for levying
taxes, are hereby authorized and required to levy the tax recommended by
the board of regents the same as other taxes are levied. But in no case shall
the aggregate tax for the county high school, exclusive of the levy for pay-
ing the principal and interest of bonds, exceed five mills upon each dollar of
assessed valuation of the property of the county.
6824 Sec. 125. Record of board. It shall be the duty of the secretary
of the board of regents to keep an exact and detailed account of the doings
of the board in a book kept for that purpose and such other matters as may
be provided by law, and shall make reports as provided by law.
6825 Sec. 126. Treasurer duties claims. The treasurer shall keep
separate and apart the proceeds of the tax levied for the support and mainten-
ance of the county high school a fund to be known as the high school fund, and
shall only pay out the same upon warrants duly issued against the high school
fund, when signed by the president of the board of regents, countersigned by
the secretary of the board and attested by the seal of the county. The board
of regents shall not allow any claims or demands against such funds unless
the same be duly verified. The preservation and disbursement of such high
school fund is hereby made a part of the duty of the county treasurer within
this state, and he shall be liable upon his official bonds the same as for any
other moneys now held in his hands by virtue of said office.
6826 Sec. 127. Rules and regulations. The board of regents shall
make all needful rules and regulations for the discipline, careful preservation
of the school buildings, furniture, apparatus, grounds, and all other property
belonging to the school. All teachers and other subordinates in the school
shall be under the direction of he superintendent elected by the board of
regents, subject to the general control and regulation of such board.
6827 Sec. 128. Board compensation meetings. Th& board of re-
gents shall receive no compensation for their services except for actual ex-
penses incurred in attending upon meetings. The treasurer and the secretary
shall have a vote upon matter pending before the board. The board of regents
shall meet annually on the second Tuesday after the first Monday in July,
at which time they shall elect a president from among their own number, but
special meetings may be held at any time at the call of the president of
such board.
6828 Sec. 129. Certificates and diplomas. The board of regents is
hereby authorized to issue certificates and diplomas when any student com-
pletes a prescribed course of study in a satisfactory manner, and the same
shall have such force and effect as may be determined by the state superin-
tendent of public instruction to entitle the holder to teach in any of the
schools of the county without further examination for the space of three years.
6829 Sec. 130. Morals of pupils. The board of regents, in their rules
and regulations, and the superintendent elected by the board, in his super-
vision and government of the school, shall exercise a watchful guardianship
over the morals of the pupils.
6830 Sec. 131. When district property not taxed. Whenever the
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proper officers of any rural high school or city or village high school shall
certify to said board of regents, on or before the 15th day of June of each year,
that a course of study beyond the first eight grades has been prescribed for
the school for the ensuring year, then all of the property within said district
or districts shall be omitted from the levy of the tax for the support and main-
tenance of the county high school for the ensuing year.
6831 Sec. 132. Tuition. Tuition shall be free to all pupils residing in
the county where the school is located, but if at any time the school can
accommodate more pupils than apply for admission from the county in which
the school is situated, the board of regents may admit pupils from without the
county upon the payment of such tuition as the board of regents may prescribe.
Such pupils, so admitted, shall be subject to the same rules as to discipline
as are resident pupils.
Where there is no incorporated town or village in the county, the electors of that county
may locate the county high school at the most convenient and accessible point in the county.
6832 Sec. 133. Bonds. The board of county commissioners or the
Board of Supervisors may borrow money upon bonds which they are hereby
authorized and empowered to issue, for the purpose of purchasing a site
and lands to be used for experiment purposes, erecting suitable buildings
and furnishing and equipping the same for such county high school. Such
bonds to bear interest at a rate not exceeding six per centum per annum,
payable annually or semi-annually at such place as may be designated in
said bonds; which loan shall be paid and reimbursed in a period not ex-
ceeding thirty years from the date of the bonds. Said bonds may be made
optional on any interest paying date. Provided that no bonds shall be
issued until a petition signed by at least one-third of the qualified voters
as denned in this act of each precinct or township of the county shall be
presented to the County Board asking that the question of issuing such
bonds be submitted in such county, which petition shall set forth the
amount to be voted, which amount shall not exceed ten per cent of the
assessed valuation of the taxable property of such high school district at
the last completed assessment, the time the bonds are to run, rate of
interest and purpose of issue. Upon the filing of such petition the
County Board shall call an election in the county, notice of which election
shall be given by at least twenty days publication of the same in at least
one newspaper published in the county and the posting of copies of the
same in at least three public places in each township or precinct. The
notices shall set forth the proposition in full and the time and place for
holding such election in each precinct or township. The vote shall be by
ballot and if a majority of all the ballots cast at such election shall be in
favor of the proposition the County Board shall be empowered to issue
and negotiate the bonds. The clerks and judges of election shall be those
appointed to act at the general election. The returns of such election to
be made to the Co'unty Board and the County Board shall canvass and
dclare the result of such election. Said bonds to be signed by the
Chairman of the County Board and the County Clerk and be attested by the
seal of the county, and when issued the same shall be sold in open market
to the highest bidder for not less than their par value.
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6833 Sec. 134. Who can vote on high school proposition.
Every person, male or female, who has resided in the state six
months and in the county forty days and in the precinct or town-
ship ten days, and is twenty-one years old, and who owns real or
personal property that was assessed in the county in his or In r
name at the last annual assessment or who has children of school
age residing in the voting precinct of his or her residence, shall be
entitled to vote on the question of voting bonds for county high
school purposes. Emergency.
6835 Sec. 136. Schools county high. The county board of any
county in this state that does not have organized within the borders of
such county a twelfth grade high school accredited to the state univer-
sity, shall be deemed authorized and it shall become their duty on the
first Monday of June to call a meeting of all the directors of the several
school districts in the county to meet at the county seat to elect a board
of regents in accordance with the provisions of law governing boards of
regents for county high schools, and which provisions shall apply to a
school organized by the county board the. same as if organized as now
provided for by law. The county high school herein provided for by
law shall be located at the county seat of such county.
SECTION
ARTICLE X.
NORMAL TRAINING IN HIGH SCHOOLS.
SECTION
6840. Support of normal training.
6837. State Supt. designates high schools.
6838. Admission regulations.
6839. Requirements of normal high school
training.
6841. Expenses of inspection.
6842. Reports and warrants.
6836 Sec. 136. Purpose. For the purpose of giving teachers an
opportunity to meet the requirements in normal training as provided in sec
tions 151 and 152 of this chapter, provision is hereby made for such training
in the high schools of Nebraska.
6837 Sec. 137. State superintendent designates high schools. The
state superintendent of public instruction shall designate the high schools in
which such instruction shall be given, distributing them among the sixty-
seven representative districts of the state, as nearly as may be, having
reference to the number of representatives in each, and to the location and
character of the high schools selected.
6838 Sec. 138. Admission regulations. The state saredntendent
shall prescribe the conditions of admission to the normal training classes,
the course of instruction, and the rules and regulations under which such
instruction shall be given.
6839 Sec. 139. Requirements of normal high school training. In
approving a high school for normal training as contemplated in this article.
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the state superintendent shall be governed by the following general require-
ments, except that in any county not having a high school which can qualify
under these requirements the state superintendent of public instruction may
designate a high school of lower grade for giving such normal training.
First. A high school in order to be approved for normal training must
be a school accredited to the University of Nebraska.
Second. At least two teachers exclusive of the city superintendent shall
give their entire time to instruction in high school branches.
Third. Normal training as provided in this article shall be given in the
eleventh and twelfth grades. Credit for such training shall be given upon the
completion of the prescribed course in normal training and the regular high
s chool course of study.
Fourth. The course in normal training shall be elective, and shall
consist of the three following lines of study:
(a) A review for at least nine weeks in each of the following subjects
reading, grammar, arithmetic, and geography to be given not earlier than
the eleventh grade. This work shall include subject matter, underlying
principles and methods of teaching, and should enable the student to approach
the subject from the standpoint of teacher as well as that of student. It shall
be given by well trained, experienced teachers.
(b) A study of American history for at least one semester in the eleventh
or twelfth grade.
(c) At least seventy-two periods of professional training to include a
study of methods, school management, observation work, etc., to be given in
the senior year by the city superintendent of schools or by a member of the
high school faculty recommended by him and approved by the state superin-
tendent of public instruction.
Fifth. Schools offering this course shall have a reference library of at
least three volumes on each of the following fields of professional study history
of education, principles of education, methods, and special training in indus-
trial education, including agriculture.
Sixth. In case elementary agriculture is not in the regular course of
study it shall be required in the course in normal training.
Seventh. Every high school approved for normal training shall instruct
a class of not less than ten, and every student admitted to such class shall
continue under instruction not less than eig hteenweeks in order to be counted
in such class.
6840 Sec. 140. Support of normal training. The sum of seven hundred
($700.00) dollars for the biennium shall be paid from the appropriation made
for that purpose to each school district in which a class of not less than ten is
organized and instructed in accordance with the provisions of this act.
6841 Sec. 141. Expenses of inspection. The appropriation provided
by this article for instruction in high schools of students in the science and
practice of common school teaching shall be deemed to include and shall
include due inspection and supervision of such instruction by the state super-
intendent of public instruction, and the expenses of such inspection and
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supervision shall be paid out of the appropriation on vouchers certified by
the state superintendent.
6842 Sec. 142. Reports and warrants. The secretary of the board
of education of each school district meeting the requirements for normal
training as herein provided shall on or before the last Monday in June
of each year make a report, under oath, to the state superintendent of pub-
lic instruction showing how many students have met the minimum require-
ments for normal training as contemplated by this article. The state
superintendent shall on or before the second Monday in July of each year
apportion the money earned to each school that has fully complied with the
requirements of this article. It shall be the duty of the state superintendent to
certify the apportionment for the several school districts of the state to the
state auditor, who shall draw warrants on the state treasurer in favor of the
secretary of the board of education of the various school districts for the sums
so specified by the state superintendent of public instruction. It shall be the
duty of the state treasurer to redeem each warrant drawn on him by the
state auditor and to remit the same to the secretary of the board of education
of the proper school district.
Sec. 142a. Agricultural high schools. Any high school accredited
to the State University, consolidated rural high school, rural high school,
or county high school having satisfactory rooms and equipment, and having
shown itself fitted by location and otherwise to give training in agriculture,
manual training, and home economics, may, upon application to the State
superintendent of Public Instruction of this state be designated by him to
maintain an agricultural and industrial department to consist of courses in
agriculture, manual training, and home economics.
Sec. 142b. Each such school shall employ a trained instructor or
instructors whose qualifications shall be fixed by said state superintendent
of Public Instruction, in agriculture, manual training, and home economics,
Each school shall have connected with it a tract of land, suitable for pur-
poses of experiment and demonstration, containing not less than five acres,
which must be furnished by the school receiving such aid, and be located
within the school district or within two miles of the central buildings of
the school district.
Sec. 142c. Instruction in such agricultural and industrial department
shall be free to all residents of school age within the district. Non-
resident pupils may attend such high schools in accordance with the law,
rules and regulations governing free high school attendance.
When necessary to accommodate a reasonable number of boys and girls,
who wish to attend only in the winter months, special classes shall be
formed for them.
The instruction in such agricultural and industrial department shall
be of a practical character, dealing with soils, crops, fertilizers, drainage,
farm machinery, farm buildings, breeds of live stock, live stock judging,
animal diseases and remedies, production of milk and cream, testing of
same, manufacture of butter and cheese, horticulture, gardening, plants,
and such other subjects as have a direct relation to the business of farm-
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ing, including bookkeeping and farm accounts. It shall also include
systematic courses in manual training and home economics.
Sec. 142d. Each school designated to maintain an agricultural de-
partment as in this act provided for shall receive state aid not exceeding
81,250.00 per year, but in no case shall the total amount received from the
state by any school exceed one-half of the total sum from all sources
actually expended upon such agricultural and industrial departments asi
certified to the State Superintendent of Public Instruction. The secretary
of the board of education of each such school on or before June 15th of
each year shall make under oath to the State Superintendent of Public
Instruction such report as said State Superintendent may require covering
the conditions named in this act.
Any rural school district which shall give instruction in agriculture,
manual training, and home economics in accordance with rules and regu-
lations of the State Superintendent of Public Instruction and shall under
this act become associated with a high school accredited to the State
University, consolidated rural high school, rural high school, county high
school or any educational institution maintained by the state, which gives
instruction in agriculture, manual training, and home economics equal to
that required of the accredited high schools receiving aid under this act
in conformity with the rules and regulations made by the State Superin-
tendent of Public Instruction, shall receive as state aid $50.00 per year.
Such state aid to said associated rural school shall be granted only upon
the recommendation of the superintendent of the central school with
which said rural school is associated in addition to the recommendation of
the county superintendent.
Provided: First. That no high school accredited to the University
of Nebraska receiving aid under this act shall be located in any city in
which the state already maintains a permanent educational institution
which gives instruction in agriculture, manual training, and home economics.
Second. That not more than one high school accredited to the Uni-
versity of Nebraska and two consolidated rural high schools, rural high
school, or county high school in any county shall be added to the list of
schools receiving aid under this act in any biennium.
Third. Not more than two-thirds of the appropriation which may be
provided shall be used for high schools accredited to the University of
Nebraska, the balance to be reserved for consolidated rural high schools,
rural high schools, county high schools, and for associated district schools.
Fourth. Not more than thirty schools shall receive aid during the
year 1913-1914 under this act.
Sec. 142e. In approving high schools accredited to the Uni-
versity of Nebraska for agriculture, manual training and home economics
as contemplated in this act, the State Superintendent of Public Instruction
shall be governed by the following general requirements:
(a) The school shall provide an approved course in normal training
for preparing teachers for rural schools.
(b) At least three teachers exclusive of the school superintendent shall
give their entire time to instruction in high school branches.
(c) No one shall be employed as an instructor in agricultural training
THE NEBRASKA SCHOOL LAWS 73
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in any such school unless such person shall show proper certificate of
graduation from some agricultural college approved by the Chancellor of
the University of Nebraska, or shall be certified by the Dean of the State
Agricultural College as having the necessary qualifications, or who has
had a standard four-year course in agricultural training in a state normal
school or in an officially recognized normal school; college or university in
Nebraska.
(d) At least one-third of the instruction in the industrial department
of such school shall be devoted to work in agriculture, manual training,
and natural sciences, or to home economics, manual training, and natural
sciences.
Sec. 142f. In approving consolidated rural high schools, rural
high schools, and county high schools for agriculture, manual training and
home economics, as contemplated in this act, the State Superintendent
shall be governed by the following general requirements:
(a) The school shall maintain at least two years of high school work
and be upon the approved list of the State Superintendent of Public
Instruction.
(b) At least two -teachers shall be employed in the high school de-
partment.
(c) No one shall be employed as an instructor or instructors in agri-
cultural training in any such high school unless such person shall show
proper certificate of graduation from some agricultural college approved
by the Chancellor of the University of Nebraska, or shall be certified by
the Dean of the State Agricultural College as having the necessary quali-
fications, or who has had a standard four-year course in agricultural train-
ing in a state normal school, or in an officially recognized normal school,
college or university in Nebraska.
(d) Until such consolidated high school, rural high school, or county
high school shall fully comply with the provisions of section 5 of this
act, it shall be eligible to receive only $625.00. Upon complying fully
with the provisions of section 5 of this act, such consolidated rural high
school, rural high school, or county high school shall be eligible to receive
the full $1,250.00 mentioned in section 4.
(e) At least one-third of the instruction in the industrial group shall
be devoted to agriculture, manual training and natural sciences, or to home
economics, manual training and natural sciences.
Sec. 142g. The State Superintendent of Public Instruction shall
appoint an inspector of agricultural training, whose appointment shall be
approved by the Chancellor of the University of Nebraska. The expenses of
inspection and supervision shall be paid from the appropriation made for the
maintenance of said schools, on vouchers certified by the State Superin-
tendent of Public Instruction^
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ARTICLE XII.
STATE FIRE DAY AND FIRE INSTRUCTION.
SECTION
6850. State fire day.
6851. Instructions fire danger.
SECTION
6852. Distribution of law.
6850 Sec. 151. State fire day. For the purpose of creating a public
sentiment, and in order that the people of this state shall have called to their
attention the great damage caused, both to life and property, by fire, there is
hereby set apart and established the first Friday in November which shall be
designated and known as "State Fire Day." This day shall be observed by
the public, private and parochial schools of the state with exercises appropriate
to the subject and the day.
6851 Sec. 152. Instructions fire danger. For the purpose of in-
struction in fire dangers, and in methods of fire prevention, it shall be the duty
of the Chief Deputy Fire Commissioner and of the State Superintendent of
Public Instruction to prepare a book conveniently arranged in chapters, or
lessons, such chapters or lessons to be in number sufficient to provide a differ-
ent chapter or lesson for each month of the maximum school year. The ex-
pense for publishing the books of instruction, or other literature on the sub-
ject of fire dangers, shall be paid out of the special fund for the maintenance o-
the fire commissioner's office, and such books of instruction shall be distributedf
by the state superintendent of public instruction, in quantities sufficient to
provide a copy for each teacher. Every teacher or instructor in every public,
private or parochial school shall devote not less than thirty minutes in each
school month, to instruction of pupils in the subject of fire dangers, and in
the methods of fire prevention.
6852 Sec. 153. Distribution of law. It shall be the duty of the mem-
bers of school boards, school directors, trustees, or other body of persons
having control of the schools of any city, village or district, to cause a copy of
this act to be printed in the manual or handbook prepared for the guidance of
teachers, where such manual is in use or may hereafter come in use.
ARTICLE XIII.
TEACHERS' CERTIFICATES.
SECTION
6853. Certificates classes.
6854. State certificates.
6855. County certificates.
6856. City certificates.
6857. Professional state certificates.
6858. First grade county certificates.
6859. Second grade county certificates.
6860. Third grade county certificates.
6861. Examinations.
6862. Examinations granting certificates.
SECTION
6863. Renewal of certificates.
6864. Certificate revocation.
6865. Fees for certificate support teachers'
institute.
6866. Certificates registration.
6867. Fees application.
6868. High school teacher certificate quali-
fications.
6869. Grade teachers in high school or city
districts.
6853 Sec. 154. Certificates classes. The teachers' certificates issued
by authority of the state of Nebraska, and entitling the holders thereof
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to teach in the schools of this state, shall consist of three principal classes,
viz., state certificates, county certificates, and city certificates.
6854 Sec. 155. State certificates. State certificates shall consist of
three classes, viz.:
First. The professional state certificate which shall be good for life
entitling the holder thereof to teach in any public school of Nebraska. Pro-
vided, no life certificate shall be in force after the holder shall permit a
space of three years to lapse without following some educational pursuit,
unless the certificate be endorsed by the state superintendent.
Second. The first grade state certificate which shall be good for three
years from date of issuance, entitling the holder thereof to teach in any
public school of Nebraska during the life of such certificate. After three
years of successful experience the holder of a first grade state certificate
shall be entitled to a professional state certificate good for life.
Third. The elementary state certificate which shall be good for a
term of not less than one year and not to exceed three years from date of
issuance, at the discretion of the county superintendent of the county in
which the holder of such certificate shall teach.
6855 Sec. 156. County certificates. County certificates shall consist
of three grades, viz.:
First. The first grade county certificate which shall be valid in and
for the county where granted for a term of not less than two years and not
to exceed three years from date of issuance, at the discretion of the county
superintendent of the county in which the holder of such certificate shall
teach.
Second. The second grade county certificate which shall be valid in
and for the county where granted for a term of not less than one year and
not to exceed two years from date of issuance, at the discretion of the county
superintendent of the county in which the holder of such certificate shall
teach.
Third. The third grade county certificate which shall be valid in and
for the county where granted for such term as the county superintendent
may deem best but not exceeding one year from date of issuance. Provided,
that no person shall be entitled to receive more than one third grade county
certificate.
6856 Sec. 157. City certificates. City certificates shall be granted as
state certificates, under rules prescribed by the state superintendent of public
instruction, and such certificates shall consist of six general classes, as follows:
(1) Kindergarten, (2) primary, (3) grammar, (4) high school, (5) special
supervisor and (6) superintendent. The rules for city certificates shall set
forth in detail the standards for each class of certificates and shall fix the
minimum requirements for each class which, for teaching in the grades, must
not be less than a second grade county certificate, and for teaching in the high
school or for supervising city schools, must not be less than the equivalent
of a first grade state certificate. Changes made in the rules during the school
year shall not be effected earlier than the first of July next thereafter.
6857 Sec. 158. Professional state certificates. The professional state
certificate may be granted to any person of approved learning and character,
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and possessing evident ability in the science and art of school management,
who has had one year's successful experience as a teacher in the public
schools of this state, who holds a first grade county certificate and in addi-
tion thereto shall pass a satisfactory examination before the superintendent
of public instruction or a committee of three competent persons appointed
by him, in chemistry, English literature, general history, geology, physical
geography, plane trigonometry, psychology, rhetoric and zoology.
The professional state certificate may be granted also to any person
who is a graduate from a college or university of good standing of this or
any other state, who has had three years' successful experience as a teacher
in the public schools of Nebraska, and who holds a first grade county certifi-
cate issued in this state.
The professional state certificate may be granted also to any person
who holds a diploma from a state normal school of another state conferring
the right to teach for life in that state.
The professional state certificate may be granted also, at the discretion
of the state superintendent, to the holder of a professional state certificate
from another state.
All certificates named in this section shall be granted by the state super-
intendent of public instruction.
6858 Sec. 159. First grade county certificates. The first grade
county certificates may be granted to any person of approved learning and
character, and possessing evident ability to teach and govern a school, who
shall pass a satisfactory examination in all the branches required to obtain
a second grade county certificate, and in algebra, botany, geometry, and
physics. Provided, no person shall be granted a first grade county certifi-
cate who has not had at least twelve weeks' normal training in a college,
university, or normal school of approved standing in this or in another
state, or in a state junior normal school of Nebraska, or in a high school
of Nebraska approved by the state superintendent of public instruction as
being equipped to give such normal training. Provided further, one or
more years' successful experience as a teacher may be considered the equiv-
alent of the normal training required by this section.
6859 Sec. 160. Second grade county certificates. The second grade
county certificate may be granted to any person of approved learning and
character, who, in addition to the branches specified for the third grade
county certificate, shall pass a satisfactory examination in civil government,
bookkeeping, blackboard drawing, theory and art of teaching, and the ele-
ments of agriculture, including a fair knowledge of the structure and habits
of the common plants, insects, birds and quadrupeds. Provided, no per-
son shall be granted a second grade certificate who has not had at least eight
weeks' normal training in a college, university, or normal school of approved
standing in this or in another state, or in a state junior normal school of
Nebraska, or in a high school of Nebraska approved by the state superintend-
ent of public instruction as being equipped to give such normal training.
Provided further, one or more years' successful experience as a teacher may be
considered the equivalent of the normal training required by this section.
6860 Sec. 161. Third grade county certificates. The third grade
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county certificate may be granted to any person of approved character who
shall pass a satisfactory examination in orthography, reading, penmanship,
geography, arithmetic, physiology and hygiene, English composition, English
grammar, and United States history.
6861 Sec. 162. Examinations. The state superintendent of publie-4n--
struction shall prepare all questions for the examination of applicants for
teachers' certificates as provided under this act, both county and state, and
shall prescribe all rules and regulations for the conduct of all such examina-
tions, and shall determine the times and places for all examinations, except as
hereinafter provided. He shall examine, mark, and file, or cause to be exam-
ined, marked, and filed, all answer papers submitted by candidates for state
and county certificates, which answer papers shall be forwarded by the county
superintendent immediately after the close of each examination to the
state superintendent of public instruction. He may appoint a committee
of three competent persons and such clerical force as he may deem neces-
sary to assist him in all such examinations, who shall make a complete and
accurate record of all such examinations to be kept on file in the office of
the state superintendent. Provided, the state superintendent may require
county superintendents to assist him in the preparation of examination
questions for county certificates.
6862 Sec. 163. Examinations granting certificates.-^The county sup-
perintendent shall hold a public examination of all persons offering themselves
as applicants for teachers' certificates on such dates as may be arranged by
the state superintendent of public instruction, at which time he shall examine
them by the series of written or printed questions according to the rules and
regulations prescribed by the state superintendent of public instruction.
The county superintendent shall forward all answer papers submitted by
candidates for teachers' certificates, designating each by a number instead
of a name, immediately after the close of the examination, to the state super-
intendent of public instruction for examination, marking, filing and recording.
The state superintendent of public instruction shall transmit within thirty
days from date of said examination a record of the standings of each applicant
for a county certificate to the county superintendent, who shall then grant
to the applicant a certificate of qualifications if the applicant is found to
possess the requisite knowledge and understanding to teach in the common
schools of the state the various branches required by law, provided the county
superintendent has satisfactory evidence that the candidate is a person of
good moral character, has had successful experience, if any, and possesses an
aptness to teach and govern a school. Provided, the county superintendent
at his discretion in case of emergency, may grant permission to teach until
the results of the next regular examination are received from the state super-
intendent of public instruction to any person applying at any other time than
at a regular examination, who can show satisfactory reasons for failing to
attend such examination and satisfactory evidence of qualifications, subject
to such rules and regulations as may be prescribed by the state superintendent
of public instruction; but such permit shall not be granted more than once
in any county to the same person. Provided further, in emergencies arising
from a scarcity of teacher? in any county, the state superintendent may at
his discretion, upon the recommendation of the county superintendent, grant
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permission to teach in a specified district for a specified term of school, the
person given such permission to teach being required to attend teachers'
examinations and to write upon such subjects as the county superintendent
may direct. Provided further, the county superintendent may, at his dis-
cretion, grant a first grade county certificate, without examination, to a
graduate of a college, university, or state normal school, subject to such rules
and regulations as may be prescribed by the state superintendent of public
nstruction.
6863 Sec. 164. Renewal of certificate. The first grade state certi-
ficate and the city state certificate may be re-issued under such rules and
regulations as the state superintendent may prescribe. First and second
grade county certificates may be re-issued, without examination, at the dis-
cretion of the county superintendent, under such requirements as may be
imposed by the state superintendent of public instruction.
The certificate issued by the county superintendent shall be valid only
in the county where issued
Under the new certification law neither the county superintendent nor the state super-
intendent can endorse any certificate, county, city or state, issued in Nebraska or in any other
state. The powers and duties of the county superintendents as well as the state superinten-
dent are derived entirely from the authority conferred upon them by statute. They can exer-
cise only such powers as are specifically granted by law. It must appear from the records of
their proceedings that they have jurisdiction or their acts will be void. This is the principle
of law laid down in the case of Ratcliffe vs. Faris of the supreme court of Nebraska. While
the state superintendent is not prohibited by specific act from endorsing certificates granted
in other states, he is not given that authority. Hence were he to attempt it his act would be
illegal. The county superintendent is absolutely prohibited from endorsing any certificate
as is evident from the last paragraph of section 156, article 12, which reads : "The certificate issued
by the county superintendent shall be valid only in the county where issued."
6864 Sec. 165. Certificate revocation. Every certificate issued under
the provisions of this article shall be revoked by the authority issuing the same
for any cause which would have authorized or required such authority to
refuse to grant it if known at the time it was granted, and for incompetence,
immorality, intemperance, cruelty, crime against the law of the state,
negligence of duty, or general negligence of the business of the school. The
revocation of the certificate shall terminate the employment of such teacher
in the school where he or she may at the time be employed, but such teacher
must be paid up to the time of receiving notice of such revocation. The
authority revoking such certificate must immediately notify the director
of the school district or the secretary of the board of education where such
teacher is employed. The authority revoking such certificate shall
notify the teacher of such revocation, and must enter his action in such case
in the books or records of his office. Provided, however, no certificate shall
be revoked without due notice from the proper authority, and an opportunity
given the teacher to explain or defend his or her conduct.
A county superintendent has no authority whatsoever to revoke a state certificate.
If he attempt to revoke such certificate his act is null and void. Where a county superin-
tendent desires the revocation of a state certificate he should make his charges specific and
tile them with the state superintendent, who will set a time and place for the teacher whose
certificate is thus attacked to show cause why it should not be revoked.
The revocation of a county certificate rests solely with the county superintendent.
The state superintendent may, however, prefer charges against the holder of a county certifi-
cate. He may also revoke or annul the grades of any teacher which have been earned or
accepted under the new certification law, when it becomes evident that such grades were
obtained through fraud or collusion.
6865 Sec. 166. Fees for certificate support teachers' institute.
Each applicant who is examined for a county certificate shall pay one dollar
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and fifty cents to the county superintendent, one dollar of which sh ill go
to the teachers' institute fund to be used by him in support of teachers' insti-
tutes as provided by law, and fifty cents of said fee shall be used by the super-
intendent of public instruction as hereinafter provided. It shall be the duty of
the county superintendent immediately after each examination to forward fifty
cents for each applicant for a teacher's county certificate at such examination
to the superintendent of public instruction, such sums to be used by him as
hereinafter provided. Each applicarft for a professional state certificate
shall pay one dollar to the superintendent of public instruction, to be used
by him as hereinafter provided.
6866 Sec. 167. Certificatesregistration. Each holder of an ele-
mentary or second grade state certificate, or a first grade state certificate or a
professional state certificate good for life shall, before he begins to teach,
register the same in the office of the county superintendent of the county in
which he shall teach, and for such registration he shall pay a fee of one dollar,
which fee shall go into the institute fund of such county.
The above state certificates, when used simply as credentials for securing city state certifi-
cates, need not be registered in the office of the county superintendent.
6867 Sec. 168. Fees application. For the purpose of carrying out
the provisions of this article, the superintendent of public instruction is hereby
authorized to use all fees that may come into his hands as provided herein
and also such amount from the appropriations for his office expenses as may
be necessary for the payment of the state examining committee and clerical
assistance as herein provided for the preparation of examination questions
and for the reading of all teachers' answer papers, and work and expenses
connected therewith. Provided, if the fees received by the superin-
tendent of public instruction shall be in excess of the amount necessary for
payment of the state examining committee and clerical assistance and other
expenses connected with such examinations, such excess shall be returned to
the respective county superintendents pro rata according to the amount
received from each county, and the amounts so returned shall go into the
institute funds of such counties.
The superintendent of public instruction shall make a semi-annual
statement to the governor of all moneys received by him for such fund and
of all moneys disbursed by him from such fund, and also a statement show-
ing how much money, if any, he shall have found necessary to use from the
appropriations for his office expenses in carrying out the provisions of this
article.
6868 Sec. 169. High school teacher's certificate, qualifications. No
person shall be eligible to teach in the high school department of any high
school district or in the high school department of any city school district in
this state who is not a graduate from a regular four-year course of a college
or university, or a graduate from the advanced course of a college, university
or normal school in this state authorized by law to grant teachers' certificates,
or who does not hold a professional state certificate obtained from the state
superintendent on examination before him or a committee appointed by him
as provided by law.
6869 Sec. 170. Grade teachers in high school or city districts.
No person shall be eligible to teach in the grades below the high school
so
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department in any high school district or in the grades below the high
school department in any city school district in this state who does not
hold at least a second grade county certificate issued in Nebraska.
Does not mean that a teacher must hold literally a second grade county certificate,
but a certificate in every respect the equivalent of a second grade county certificate. This ia
a question which may be properly adjudicated by a conference between the county superin
tendent and the city superintendent. In the event of their disagreement it is a question to
be referred to the state superintendent.
ARTICLE XIV.
TEACHERS AND TEACHERS' INSTITUTES.
SECTION
0870. Qualifications.
6871. Monthly returns to director.
6872. School month.
6873. Graduates University of Nebraska or
other incorporated schools of this
state.
6874. Same confirmation of certificates.
6875. College and normal graduates.
6876. Same.
6877. Same defined.
SECTION
6878. Effect of alcoholic drinks.
6879. Same certificate.
6880. Teachers' institute when held.
6881. Attendance.
6882. Expenses.
6883. Institute fund.
6884. Disbursements.
6885. Institute term close schools.
Refusal to attend penalty.
6870 Sec. 171. Qualifications. No person shall be accounted a
qualified teacher, within the meaning of the school law who has not a certi-
ficate in force from a county superintendent, or a city state certificate in force
from a state superintendent or a certificate or diploma in force from a state
normal school of Nebraska, or a certificate in force from the University of
Nebraska, or a certificate in force from a normal school, college or university
in Nebraska, approved by the state superintendent and authorized by law
to grant certificates or a professional state certificate .in force from the state
superintendent of public instruction.
A proper certificate of qualification is essential to warrant a school board in paying a
teacher from the public school fund. The prohibition of the statute, however, is upon the
district board, and not upon the teacher; and where during a part of a term, the teacher was
without a certificate, notwithstanding which payment for the time was made, in an action to
che
recover wages due for the last month of the term, during all of which the teacher had a certifi
cate; held, that the amount so paid could not be set off
(School District vs. Estes, 13 Neb., 52, 13 N. W., 16.)
Teacher may be discharged for incompetency or other sufficient cause at will of major-
ity of board. 6 Neb., 173. Teacher employed for nine months, working eight, not teaching
the nine through neglect of officers of district, held, entitled to pay for that month. 13 Neb.,
54. Cited 19 Id., 496.
Substitute teacher. --A teacher has no right to place a substitute in his school without being
authorized to do so by the district board. However, it would be within the authority of the district
board to ratify such an action of a teacher in case of an emergency, providing that the substitute
be a legally qualified teacher. A teacher under contract with a district could not properly demand
of the district payment for the services rendered by a substitute appointed by him without author-
ity. However, in case the substitute, a legally qualified teacher, were permitted, with the knowledge
of the district board, to teach the school, said substitute would_have a valid claim against the
district for the value of the services rendered by him.
6871 Sec. 172. Monthly return to director. Every teacher shall make
a monthly return to the director of the district of the number of pupils attend-
ing his or her school, the names and ages of each, the days attending, the
studies pursued, and no teacher will be entitled to receive pay in full for a
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term's service till the term summary is properly
the director.
A rule which makes it the duty of a teacher to keep a record of the standing of each
pupil in the studies pursued by him, of his attendance and deportment, to send each month by
the pupil a written report of the same to his parent or guardian and which requires such parent
or guardian to sign and return the same to the teacher, is a reasonable one. (Bourne vs. State,
ex rel. Taylor, 35 Neb., 1, 52 N. W., 710.)
The teacher's register should be approved by the director at the close of each month;
and an order for the pay of the teacher should not be drawn until the register has been sub-
mitted to and approved by the director. A duplicate of the classification record and term sum-
mary should be forwarded to the counry superintendent at the close of each term.
A teacher who fails or neglects to make out a report ought not to be allowed to teach,
and should have his certificate revoked.
6872 Sec. 173. School month. In the absence of any agreement
between the director and teacher to the contrary, twenty days shall consti-
tute a school month.
Where a school teacher is employed by contract for a given number of months, and
fails to perform her duties during a part of the stipulated period, through no fault of her own,
but through the fault of the school officers, she being at all times able and willing to perform,
she is entitled to the same compensation during such part as thougk she had kept the school.
(School District vs. Estes, 13 Neb., 52. 13 N. W., 16.)
6873 Sec. 174. Graduates University of Nebraska or other incor-
porated schools of this state. All graduates of the University of Nebraska
holding the degree of bachelor of arts or bachelor of science and in addition
thereto certificates authorized by the board of regents showing that such
graduates have completed the course of instruction prescribed by the regents
and faculty of the university for the special training and instruction of
teachers, and such other graduates as hold the same degrees from any college
or university duly incorporated under the laws of the state of Nebraska,
who, in the judgment of the state superintendent of public instruction or
the state board of examiners for life certificates, have completed in their
respective institutions an equivalent of the courses in the University of
Nebraska for said degrees prescribed by the regents and faculty of the uni-
versity, shall be accredited as qualified teachers within the meaning of the
school law of this state; and all such graduates shall have equal privileges,
upon equal conditions, with graduates from any and all other educational
institutions within this state under the school law thereof. Such colleges
shall from year to year maintain entrance requirements, degree require-
ments and professional study requirements equivalent to those of the Uni-
versity of Nebraska. Each year the state superintendent of public instruc-
tion shall satisfy himself by personal inspection or by the personal inspection
of the state board of examiners for life certificates that the requirements have
been maintained before any certificate can be granted by such institution. Such
certificates are hereby declared to be valid as first grade state certificates enti-
tling the holders to teach in the public schools of the state of Nebraska for a
period of three years from their date. Said certificates shall be signed by the
president and secretary of the board of trustees and the president or chancellor
of the proper institution.
6874 Sec. 175. Same, confirmation of certificates. After three
\ 'ars of actual teaching, the certificates of the graduates of the University
of Nebraska or of any other college or university mentioned or described in
the next preceding section, shall be countersigned by the state superintendent
of public instruction upon satisfactory evidence that the services of the appli-
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cant have been successful, making such certificate good for life. Said counter-
signature may be cancelled and its legal effect annulled by the state superin-
tendent of public instruction upon satisfactory evidence of disqualification.
Such certificates shall be subject to the provisions for lapsing set forth in
section 147 of this chapter.
6875 Sec. 176. College and normal graduates. When any college,
university or normal school in this state shall have a course of study equal in
extent and similar in subjects to the elementary course of the state normal
schools, and shall have full and ample equipment and a faculty of instructors
fully competent to give and who are actually giving satisfactory instruction
in the branches contained in said course and equivalent to that given in the
state normal schools, any graduate from such course shall be granted by
the board of trustees of the proper institution a second grade certificate of
the same tenor and effect as the certificate to teach issued to the graduates
from the elementary course of the state normal schools. The certificate
shall be signed by the president of the board of trustees and the head of the
department of education of the proper institution, and the state superin-
tendent of public instruction.
6876 Sec. 177. Same. When any college, university or normal
school in this state shall have a course of study equal in extent and similar
in subjects to the higher course in the state normal schools, and shall have
full and ample equipment and a faculty of instructors fully competent to
give and are actually giving satisfactory instruction in the branches con-
tained in said course and equivalent to that given in the state normal schools,
the graduates from such course shall be granted by the board of trustees of
the proper institution a first grade state certificate of the same tenor and effect
as the certificate to teach issued to the graduates from the higher course of the
state normal schools. Such certificate shall be signed by the president of
the board of trustees and the head of the department of education of the
proper institution and the state superintendent of public instruction. After
three years of actual teaching the first grade state certificates issued by any
institution as set forth in this section may be countersigned by the state
superintendent of public instruction upon satisfactory evidence that the
services of the applicant have been successful, making such certificate good
for life. Said countersignature may be cancelled and its legal effect annulled
by the state superintendent of public instruction upon satisfactory evidence
of disqualification. Such certificates shall be subject to the provisions for
lapsing set forth in section 147 of this chapter.
6877 Sec. 178. Same defined. The determination of the question
as to what institutions are entitled to the privileges set forth in the four
next preceding sections, shall be in the hands of the state superintendent of
public instruction or the state board of examiners for life certificates. No
educational institutions shall be entitled to the privileges conferred by the
two next preceding sections unless the following requirements have been
fulfilled:
First. Such institution shall be incorporated under the laws of the
state of Nebraska.
Second. The incorporation shall have at least fifty thousand dollars
invested, or available for use in the school.
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Third. The incorporation shall employ not fewer than five teachers
who shall put in full time in giving instruction in the branches of study
required to be taught by the provisions of the two next preceding sections.
Fourth. The state superintendent of public instruction shall satisfy
himself by personal inspection or by the personal inspection of the state
board of examiners for life certificates' that any institution desiring recog-
nition under said sections has fully complied with the requirements set forth
herein and in the two next preceding sections.
Fifth. The entrance requirements to the elementary and higher courses
and the time required for the completion of said courses shall be the same
as in the state normal schools. Each year the state superintendent of public
instruction shall satisfy himself by personal inspection or by the personal
inspection of the state board of examiners for life certificates that the require-
ments have been met before any certificate can be granted by such institu-
tion.
6878 Sec. 179. Effect of alcoholic drinks. Provisions shall be
made by the proper local school authorities for instructing the pupils in
all schools supported by public money, or under state control, in physiology
and hygiene, with special reference to the effects of alcoholic drinks and
other stimulants and narcotics, upon the human system.
6879 Sec. 180. Same certificate. No certificate shall be granted to
any person to teach in the public school of the state of Nebraska, who has not
passed a satisfactory examination in physiology and hygiene, with special
reference to the effects of alcoholic drinks and other stimulants and narcotics
upon the human system.
6880 Sec. 181. Teachers' institutes when held. For the purpose of
allowing teachers an opportunity to improve themselves in the art of teaching
and to promote uniform methods of instruction in the public schools of the
state, county teachers' institutes shall be organized and conducted annually,
during the months of June, July or August, by county superintendents; pro-
vided that two or more county superintendents, with the approval of and in
conjunction with the state superintendent of public instruction, may organize
and conduct joint institutes at such time and place and for such length of
term as they may deem practicable, in lieu of the county institute.
6881 Sec. 182. Attendance. It shall be the duty of county super-
intendents and teachers to attend the institute of their county, or dis-
trict, in case of joint institutes, at least one week for the purpose of com-
paring notes, planning and outlining the work of the current or coming
school year and to study methods of school work and the science and art of
teaching.
6882 Sec. 183. Expenses. For the purpose of defraying . the ex-
pense of these institutes there is hereby appropriated the entire institute
funds of the county or counties for which the institute is organized and con-
ducted, or so much of said fund as may be necessary; Provided, in the
case of joint institutes the expense shall be borne by the institute fund of the
counties represented pro rata according to the number of teachers in attend-
ance from each county.
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6883 Sec. 184. Institute fund. To form a fund to defray the expense
of institutes, each teacher examined for a certificate, or who has a certificate
renewed or endorsed, or who has a certificate or diploma registered by the
county superintendent, shall pay the sum of one dollar to the county super-
intendent; and at the time of the institute each person in attendance may
be required to pay an additional sum not to exceed one dollar per week as
an institute enrollment fee; to which sum thus raised the county board
shall add each year the sum of twenty-five dollars from the general
fund of the county, and if they deem it desirable they may increase the
amount to any sum not to exceed one hundred dollars. The county super-
intendent shall make a semi-annual statement under oath to the county
board of all moneys received by him for the institute fund and of all moneys
disbursed by him from the fund.
6884 Sec. 185. Disbursements. All disbursements from the in-
stitute fund shall be upon the order of the county superintendent and upon
bills approved by him, which bills shall be filed in his office.
6885 Sec. 186. Institute term close schools. The county superin-
tendent shall notify all teachers, and the board of all school districts in his
county of the time when the institute will begin and all common schools shall
be closed during the continuance of the institute.
6886 Sec. 187. Refusal to attend penalty. The county superin-
tendent may at his discretion revolke the certificate of or refuse to grant a
certificate to any teacher who fails or refuses to attend the county or joint
institute. Should graduates from the elementary course of the state
normal refuse to attend such institute, it shall be the duty of the county
superintendent to report said refusal to the principal of the normal school
who shall revoke the certificate of said normal graduate; Provided, the
county superintendent may excuse experienced teachers from such attendance
when application is made before the opening of the institute and satisfactory
reasons for absence are given in writing by such teachers_.
A county superintendent should not revoke a teacher's certificate on a partial hearing,
but should act in such matters only after a full hearing of the evidence for and against such
revocation.
It is legal to receive the enrollment fee of teachers excused from attending the institute
This legal requirement for institute attendance is construed to apply to all teachers
holding positions in schools organized under articles 3 and 6. The holders of first-grade state
certificates and state professional certificates are required to attend the institute unless ex-
cused by the county superintendent.
Teachers holding positions in schools organized under article 21 are required to
attend the city or county institute unless excused by the city superintendent.
ARTICLE XV.
COUNTY SUPERINTENDENT.
SECTION
SECTION
6887. Election, term.
6888. General duties.
6889. Examination for admission to Normal
School.
6890. State superintendent prepare questions-
6891 . Communication from state superintend-
6892. Report to same. [ent.
6887 Sec. 188. Election, term. There shall be a county
tendent in each organized county, whose term of service shall be two years.
6893. Superintendent may administer oaths.
6894. State superintendent order from same.
6895. Vacancy, how filled.
6896. Negligent reports of districts.
6897. County superintendent to report each
deaf, dumb and blind school person in
county.
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and who shall be elected at the same time and in the same manner as other
county officers. No person shall be eligible to the office of county superin-
tendent who does not hold at least a first grade county certificate issued in
this state and in force at the time of his election. It shall be the duty of
the county clerk to notify the state superintendent of the election of the_
county superintendent at the time the election is ascertained. The provisions
of this article so far as the same relate to the certificates of county super-
intendents shall not apply to counties having less than 1,000 inhabitants.
The law does not provide for a deputy county superintendent, and action by such per-
son is not legal. If the person elected county superintendent cannot act, he should resign and
allow another to be appointed. The powers and duties of the county superintendent of public
instruction are derived entirely from the statute. He can exercise only such powers as are
especially granted or incidentally necessary to carry the same into effect. Any proceed-
ings on his part beyond the scope of his authority, or where he has no jurisdiction, are abso-
lutely void. 6 Neb., 539.
Sec. 188A. County superintendent. The county board, at the first
regular session of each year, shall determine the compensation 'to be paid to
the county superintendent, but in counties containing a school population
of fifteen thousand, or more, such compensation shall not be less than
twenty-two hundred dollars per annum; in counties containing a school popu-
lation of seven thousand and less than fifteen thousand, such compensation
shall not be less than eighteen hundred dollars per annum; in counties contain-
ing a school population of six thousand and less than seven thousand, such
compensation shall not be less than sixteen hundred d6llars per annum; in
counties having a school population of not less than four thousand, and not
more than six thousand, such compensation shall not be less than fourteen
hundred dollars; in counties containing a school population of two thousand
five hundred and not less than four thousand, such compensation shall not
be less than thirteen hundred dollars per annum; in counties containing a
school population of two thousand and less than two thousand five hundred,
such compensation shall not be less than eleven hundred dollars per annum;
in counties containing a school population of fifteen hundred and less than
two thousand, such compensation shall not be less than one thousand dollars
per annum; in counties containing a school population of less than one thou-
sand five hundred, the county superintendent shall receive not less than
five dollars per day for each day actually employed in the performance of
the duties of the office, but the total compensation in this class shall not ex-
ceed one thousand dollars per annum. The number of days necessary for
the performance of said duties shall be determined by the county superin-
tendent, but the number of days so employed shall not be less than two times
the number of districts in the county, and one day for each precinct thereof
for the examination of teachers. The county board, at their option, may allow
the county superintendent such clerk hire and traveling expenses as they deem
necessary, and for said traveling expenses the county superintendent shall
present such sworn statements and receipts as the county board may require.
Provided, however, in counties where the assessed valuation of county
is not in excess of the sum of five hundred thousand dollars, the number of
days necessary for the performance of said duties may be determined by the
county board, but the number of days so employed shall not be less than two
times the number of districts in the county, and one day for each precinct
thereof for the examination of teachers.
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6888 Sec. 189. General duties. It shall be the duty of the county
superintendent to visit each of the schools of his county at least once in each
year to examine carefully into the discipline and modes of instruction and into
the progress and proficiency of the pupils, and to make a record of the same,
and to counsel with teachers and district boards as to the course of study to be
pursued, and for the improvement of the instruction and discipline of the school
to note the condition of the schoolhouse and appurtenances thereto, and to
suggest a place for new school houses to be erected, and for warming and venti-
lating the same, and the general improvement of the school house and grounds;
to promote by public lectures and teachers' institutes, and by such other
means as he may devise for the improvement of the schools in his county, and
the elevation of the character and qualifications of the teachers thereof; to con-
sult with the teachers and school boards to secure general and regular attend-
ance of the children of his county upon the public schools; Provided, further,
That it shall be the duty of the county superintendent to furnish to each
district in the county a copy of the course of study for public schools as pre-
scribed by the state superintendent; to forward to the teachers from time to
time, such written or printed questions for reviews based upon such course
of study, as in his judgment are necessary or expedient; to furnish the neces-
sary blanks for the annual report of the director, the census report of the
district, and such other blanks as he may deem helpful for the work of the
schools; and to furnish the necessary record books for the schools and for
the district officers. All the supplies above mentioned not paid for by the
state shall be paid for out of the general funds of the county.
6889 Sec. 190. Examination for admission to normal school. The
county superintendent shall, at the time of his regular examination for the
licensing of teachers on the third Saturday of April and on the third Saturday
of July of each year and on such other day or days in said months as he may
appoint, conduct an examination of applicants for admission to the state
normal schools of Nebraska.
6890 Sec. 191. State superintendent prepare questions. The list of
questions used in such examinations of applicants for admission to the state
normal school shall be prepared by the state superintendent of public instruc-
tion and the faculty of the state normal school, transmitted under seal to the
several county superintendents, who shall place them before the applicants
under the same conditions as to time and supervision as in the examination
of teachers for license to teach. At the close of such examinations the county
superintendent shall collect the papers prepared by the applicants and shall
transmit tlem under seal to the state superintendent of public instruction,
with a certified list of the applicants preparing such papers. All necessary
expenses connected with the conduct of these examinations and the trans-
mission of the papers shall be paid by the state normal school or other normal
schools that may be established.
6891 Sec. 192. Communication from state superintendent. It shall
be the duty of the county superintendent to receive all such blanks and com-
munications as may be directed to him by the state superintendent of public
instruction, and to dispose of the same in the manner directed by the state
superintendent.
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87
6892 Sec. 193. Report to same. The county superintendent shall
examine into the correctness of the reports of the district boards, and
may, when necessary, require the same to be amended, and shall indorse
his approval on such as he shall find correct, and transmit duplicates thereof,
together with such other information as may be required of him, to the state
superintendent of public instruction, when required by said state superin-
tendent.
6893 Sec. 194. Superintendent may administer oaths. For the
purpose of attesting school reports and other purposes connected with the
administration of the school law, county superintendents are hereby author-
zed to administer the required oaths.
6894 Sec. 195. State superintendent order from same. The county
superintendents shall be subjected to such rules and instructions as the state
superintendent of public instruction may from time to time prescribe; and
they shall report annually to the superintendent of public instruction, at
such times as he may direct, of the official labors performed, and of the gen-
eral condition and management of the schools under their charge, and such
other information as may be required of them by said superintendent.
6895 Sec. 196. Vacancy, how filled. Whenever by death, resig-
nation, or removal, or otherwise the office of superintendent shall become
vacant, the county board shall have power to fill such vacancy.
6896 Sec. 197. Negligent reports of districts. Should any district
neglect to send in the reports required by section 83, of this chapter, by
the first Monday in July, it shall be the duty of the county superintendent
to notify the officers of such district that the report is due, and should be
sent at once.
6897 Sec. 198. County superintendent to report each deaf, dumb and
blind school person in county. Each county superintendent of schools
shall report to the superintendent of the institute for the deaf and dumb, on
the first day of April of each year, the name, age, residence, and post office
address of every person between the ages of 6 and 21 years, who is deaf and
dumb and who resides in the county of which he is superintendent. He shall
also report on the same date to the superintendent of the institution for the
blind, the name, age, residence, and post office address of every blind person,
and of every person blind to such an extent as to be unable to acquire an
education in the common schools, and who resides in the county in which he
is superintendent.
Cited 43 Neb., 184
ARTICLE XVI.
STATE SUPERINTENDENT.
SECTION
6898. Location of office.
6899. Teachers' institute.
6960. Visit schools.
6901. Decide questions of school law.
6902. Forms for reports.
6903. Publish school laws.
SECTION
6904. Annual report.
6905. Same distribution.
6906. Make apportionment of school funds.
6907. Deputy.
6908. Same salary.
6898 Sec. 199. Location of Office. The superintendent of public in-
struction shall keep an office, which shall be furnished for him at the seat of
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government of the state, and he shall keep all books and papers pertaining to
his office therein, subject at all times to the examination of the governor or
auditor of state, or a committee from either branch of the legislative assembly.
6899 Sec. 200. Teachers' institutes. He shall organize teachers'
normal institutes at such times and places as he shall deem practicable. He
shall, as far as practicable, attend such institute and provide proper instruc-
tors for the same, and in other ways seek to improve the efficiency of teachers,
and advance the cause of education in the state.
6900 Sec. 201. Visit schools. He shall visit such schools as he may
have it in his power to do, and witness and advise with teachers and school
officers upon the manner in which they are conducted.
6901 Sec. 202. Decide questions of school law. He shall decide dis-
puted points in school law, and all such decisions shall be held to have the
force of law till reversed by the courts.
6902 Sec. 203. Forms for reports. He shall prescribe forms for
making all reports and regulations for all proceedings under the general
school laws of the state.
6903 Sec. 204. Publish school laws. He shall cause to be printed, in
pamphlet form, the school laws and laws relating to the school lands with blank
forms prescribed by him, and furnish each county superintendent with a
sufficient number to supply the district officers within his jurisdiction.
6904 Sec. 205. Annual report. He shall annually, on the first
day of January, submit to the governor of the state a full report of the
operations of his office during the year, which report shall contain a state-
ment of the school funds of the state, and an account of the receipts
and expenditures for the purpose of schools, a statement of the condition
of the common schools and other educational institutions chartered or fos-
tered by the state, embracing the number of schools of the several grades,
the number and average compensation of the teachers, the names and com-
pensations of county superintendents, the number of pupils attending the
several schools, the enumeration of youth by counties, the value of school-
houses, sites, apparatus, and furniture; a statement of such plans as he may
devise for the better management of the school funds, and the school system,
and such other statements as he may deem expedient to communicate relat-
ing to his office and popular education.
6905 Sec. 206. Same distribution. He shall cause his report to be
printed by the state bureau of printing, and shall deliver at the commence-
ment of each regular session of the legislature fifty copies thereof to the
senate, and one hundred and fifty copies to the house of representatives, and
shall transmit one copy to each county and city superintendent of schools in the
state, and one to each state superintendent of public instruction of other
states.
6906 Sec. 207. Make apportionment of school funds. He shall, semi-
annually, on or before the third Monday in June and the last Monday in
December, make an apportionment of the funds which are in the treasury
and which are applicable to the support of schools, which apportionment
shall be based upon the enumeration of youth reported to the state superin-
tendent by the county superintendents.
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89
6907 Sec. 208. Deputy. The superintendent of public instruction
of the state of Nebraska shall have power to appoint a deputy superinten-
dent of public instruction and the said deputy may do and perform, in the
absence or inability of the superintendent of public instruction, all the acts
and duties that may be authorized and required to be performed by the
superintendent of public instruction; and the superintendent shall be respon-
sible for all the official acts of his deputy.
Cited 25 Neb., 662.
6908 Sec. 209. Same salary. Said deputy shall receive a salary of
eighteen hundred dollars per annum, to be paid by warrant of the auditor
of public accounts on the treasurer, said warrant to be drawn monthly.
ARTICLE XVII.
SCHOOL HOUSE SITES.
SECTION
6909. Condemnation of land for.
6910. Site use reversion.
6911. Extent of site taken.
SECTION
6912. Appeal from appraisement.
6913. Site on state land.
6909 Sec. 210. Condemnation of land for. If the owner of any real
estate on which a school board may desire to locate a schoolhouse, or which the
school board needs for an extension of school grounds, refuses or neglects to
grant the site on his or her premises, or if such owner cannot be found, the
county superintendent shall appoint three disinterested persons, none of
whom shall be residents of the district, whose duty it shall be, after taking an
oath to faithfully discharge the duties imposed on them by this subdivision,
to inspect such real estate and assess the damages which such owner shall
sustain by the appropriation of his land for the use of the house and school,
and make a report to the county superintendent, giving amount of land and
damages, with exact location of land, who shall file and preserve the same
in his office. Each person acting as such appraiser shall receive the sum of
two dollars per day for his services. Provided, however, whenever it
shall become necessary to appropriate private property for general school
purposes in school districts in cities, and such appropriation shall be declared
necessary by resolution of the board of education of a school district organized
within the limits of a city which resolution shall be conclusive of the
necessity for such appropriation, the county judge of the county in which
the real estate may be situated, shall upon the application of the board of
education of such school district located in a city, appoint three disinterested
freeholders of the school district in which such real estate is situated, who,
after being duly sworn to perform the duties of their appointment with fidel-
ity and impartiality, and after reasonable notice to the owners and parties in-
terested in the property, the time and manner of the notice to be determined
by the order of the county judge, shall assess the damages to the owners of the
property and parties interested therein respectively taken by such appropri-
ation. Such assessment shall be reported in writing to the county judge of
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said county and if the same shall be confirmed by the board of education, the
damages so assessed shall be paid to the owners of such property or deposited
with the county judge of said county, subject to the order of such owner or
owners, respectively, after which such property may at any time be taken for
the use of the school district and the school district shall be entitled to the pro-
cess of the court to place it into immediate possession of said property. If
the assessment be not confirmed by the board of education, proceedings may
be taken anew to assess the damages upon application of the board of educa-
tion for the appointment of other and different appraisers, whereupon said
county judge shall make an order of appointment of different appraisers and
proceedings shall be had in like manner as herein provided for.
6910 Sec. 211. Site use reversion. The school board shall pay
the cost of this appraisement, and after paying to the owner of the land the
amount of damages assessed may enter upon and occupy the land as long as
the district desires to use it for district purposes; but should the same cease to
be used for school purposes it shall revert back to the owner of the fee simple of
the land from which it was taken on the payment by him of the amount orig-
inally paid for the land without interest. Provided, however, property taken
under the provisions of this article by school districts in cities shall vest a fee
simple title in such school district.
6911 Sec. 212. Extent of site taken. When the land is thus taken
without the consent of the owner, it shall not be more in amount than one acre,
and all orchards, gardens, public parks, shall not be liable to be thus taken, nor
shall land be taken within twenty rods of any residence. Provided, however,
the provisions of this section shall not apply to school districts in cities,
6912 Sec. 213. Appeal from appraisement. The owner of land thus
taken may appeal to the district court, and such appeal shall be taken within
sixty days and in the same manner and by the same proceedings as in cases of
condemnation by a railroad company for right of way, but the school board
shall not be liable for costs of appeal unless the court grant greater dam-
ages than the committee of appraisement gave. Provided, however,
in the exercise of the right of eminent domain by school districts in
cities, the owner of the land thus taken shall have the right to appeal from
the assessment of damages to the district court of the county in which such
property is situate within thirty days after the assessment provided for in
this article and in case of such appeal the decision and finding of the district
court shall be transmitted by the clerk thereof duly certified to the secretary
of the board of education of such school district to be filed and recorded in
his office; but such appeal shall not delay the appropriation of the property
sought to be taken and in no case shall the school district be liable for the
cost on such appeal, unless the owner of such real estate shall be adjudged
entitled upon the appeal to a greater amount of damage than was awarded
by the freeholders. The remedy by appeal herein allowed, shall be deemed
and held to be exclusive. Upon appeal being taken by any person from any
award or assessment of damages, the school district shall have the right, by giv-
ing five days' notice to the person or persons appealing, to have such appeal
placed upon the trial docket or calendar of the court to which such appeal
may be taken, at the head of the list of cases for trial, and such appeal shall
have priority and precedence in the order of trial thereof over civil actions,
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and the court shall so arrange the call of cases for trial as to give such appeal
such priority and precedence. The proceedings on appeal to the district court
and for review by the supreme court of the proceedings on appeal shall be
similar to the proceedings in like cases under the laws of the state which
shall apply thereto so far as applicable.
6913 Sec. 214. Site on state land. When it is desired to locate a
schoolhouse site on school land belonging to the state, the state land com-
missioner is hereby authorized to sell to the district not less than one nor
more than four acres, and give a deed to the district in fee simple in the name
of the state as in other cases.
ARTICLE XVIII.
SCHOOL BOOKS.
SECTION
69 1 4. Books purchase contract.
6915. Publisher bond statement.
6916. Payment for books.
6917. Same.
6918. Combinations and trusts.
SECTION
6919. Price list.
Form of contract.
6921. Violation of contract.
6922. Ownership and use of books.
6923. School supplies local dealer.
6914 Sec. 215. Books purchase contract. District school boards
and boards of trustees of high school districts, and boards of education
in cities of the first and second class, and in cities of the metropolitan
class, are hereby empowered and it is made their duty to purchase all text-
books necessary for the schools of such district, and they are further author-
ized to enter into contract as hereinafter provided with the publishers of
such books for a term of years, not to exceed five (5); Provided, the
contract prices of such books shall not exceed the lowest price then granted
to any dealer, state, county, township, school district, or other individual
or corporation in the United States to be determined as hereinafter provided;
and provided further, such contract shall guarantee to such districts
any further reduction that may be granted elsewhere during the life of such
contract.
The text book law does not require the district boards to enter into contract for a term
of years with the publishers. It is left entirely to the boards' discretion, but no such con-
tract can be legally made for a term of years under the provisions of this act until the proper
bond is filed by the publishers.
Article 17 of the School Laws is mandatory, and it is not within the authority of
the annual district meeting to vote not to furnish text-books; and under this law any patron
of the district, by the proper legal proceedings, could compel the district board to furnish his
children, pupils in the school, the necessary text books, notwithstanding any action or failure
to act on the part of the meeting district. S9me patron of the district should apply to the
district court on behalf of the district for a writ of mandamus to compel the board to furnish
to the children of the district the necessary text-bo.ks. See the case of Ambrose Affholder
et al. vs. State of Nebraska, ex rel. Peter McMullen, 51 Neb., 91. In this case, in the district
court of Burt county, Peter McMullen made application for a peremptory writ of mandamus
to compel Ambrose Affholder and others constituting the school board of district No. 58 of
said county to purchase and furnish to the children of school age of said district the necessary
text-books in accordance with the free text-book law. An alternative writ was issued, and
for a return thereto the school board interposed the defense that said act was unconstitu-
tional. The writ was issued as prayed, and the school board appealed the case to the supreme
court. The supreme court sustained the district court. A writ of mandamus will not issue
where it is not within the power of the respondent lawfully to comply, or where it would other-
wise be unavailing. 46 Neb., 857.
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6915 Sec. 216. Publisher bond statement. Before any publisher
of school books shall be permitted to enter into contract with any school dis-
trict under the provisions of this act, he shall file with the state superintendent
of public instruction, to be approved by him, a good and sufficient bond in the
sum of two thousand to twenty thousand dollars for the faithful perform-
ance of the conditions of such contracts, and the observance of the re-
quirements of this act; and such publisher shall also file with the state
superintendent of public instruction a sworn statement of the lowest prices
for which his series of text-books are sold anywhere in the United States;
and a failure to file such bond and sworn statement of prices shall be a good
and valid defense on the part of the district against payment for any books
that may be sold by such publisher prior to the date of filing such bond and
sworn statement of prices; and all such contracts to which such publisher is a
party made subsequent to the passage of this act and prior to filing such bond
and sworn statement of prices shall be null and void.
6916 Sec. 217. Payment for books. For the purpose of paying for
school books, the school district officers may draw an order on the county or
township treasurer for the amount of school books ordered.
By decision of the attorney general the provisions of this section authorizing the dia-
trict board to "draw an order on the county or township treasurer," in payment of bills for
books being inconsistent with another statute is inoperative. Such order must be drawn on
the district treasurer. See 19 Neb., 564.
6917 Sec. 218. Same. The county or township treasurer shall pay
orders, drawn by school district officers, for the purchase of school books, out
of any funds in his hands belonging to the district, except the money received
from that derived from teachers' funds.
Text-books may be paid for out of any funds on hand belonging to the general fund,
to the incidental fund, or to a fund especially provided for this purpose.
6918 Sec. 219. Combinations and trusts. Any contract entered into
under the provisions of this article with any publisher who shall hereafter be-
come a party to any combination or trust for the purpose of raising the price of
school text-books shall, at the wish of the school board of the district using
such books, become null and void.
6919 Sec. 220. Price lists. The state superintendent of public
instruction shall, within thirty (30) days after the filing of the hereinbefore
mentioned sworn statement of prices of text-books, have the same printed
and forward a sufficient number of certified copies of the same to each of the
county superintendents of the state to furnish all the school districts of such
county with one copy of each; and the county superintendent shall, immedi-
ately after receiving said certified copies of prices of books, send or deliver
one of such certified copies to the director or secretary of each school district
or board of education in such county, to be filed as a part of the records of
such district; and he shall also file one of said certified copies of prices in his
office as a part of the records of his office.
6920 Sec. 221. Form of contract. It shall be the duty of the state
superintendent of public instruction to prepare and have printed a form of
contract between district boards and publishers of school books, and to fur-
nish the same, through the county superintendent, to the several district
boards of the state; and no other form of contract shall be used by such dis-
trict boards and publishers in carrying out the provisions of this article.
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6921 Sec. 222. Violation of contract. Upon the filing of a written
complaint with the state superintendent of public instruction by the officers
of any district board, charging any publisher with violating the conditions of
such" contract as hereinbefore mentioned, the attorney general is hereby
instructed, and it shall be his duty, to investigate the same, and if he finds_
probable cause for action he shall immediately begin proceedings in the
name of the state to enforce the liability on the bond hereinbefore mentioned.
6922 Sec. 223. Ownership and use of books. All books purchased by
district boards, as hereinbefore mentioned, shall be held as the property of the
district, and loaned to pupils of the school while pursuing a course of study
therein free of charge; but the district boards shall hold such pupils respon-
sible for any damage to, loss of, or failure to return such books at the time
and to the person that may be designated by the board of such district.
The law provides that text -books shall be loaned to pupils while pursuing a course of
study in the schools. It is the duty of the board of education to place books at the disposal
of pupils who need to study in the evenings. If, however, in the judgment of the teacher and
the board, pupils of certain classes cannot study profitably outside of school hours, it ie proper
to place reasonable restrictions upon the use of books at home by such pupils or classes. It
is not within the authority of the school bpard to lo&n text books, which are the property of
the district, to be used in schools held outside the district.
6923 Sec. 224. School supplies local dealer. The provisions of this
article shall include all school supplies; Provided, nothing in this article shall be
construed to prohibit any pupil or parent from purchasing from the board such
books as may be necessary, at cost to the district; Provided further, the board
may designate some local dealer to handle books for the district, with such
an increase, above contract price, to pay cost of transportation and handling,
as may be agreed upon between the board and the dealer.
In passing upon the constitutionality of the free text-book law, in discussing the word
"supplies" the following language is used by the judge rendering the decision: "We do not
think the term 'text-book' should be given a technical meaning, but that it is comprehensive
enough and does include globes, maps, charts, pens, ink, paper, etc., and all other appar-
atus and appliances which are proper to be used in the school in instructing the youth, and we
conclude, therefore, that the act under consideration is not broader than its title, and that the
term 'school supplies' found in the tenth section of this act is not foreign to the term 'text-
books' found in the title of the act, but is germane to and comprehended and included within
the term 'text-books.' "
PUBLIC LIBRARY COMMISSION.
This act creates a public library commission, defines its duties, and
establishes traveling libraries. The governor is to appoint one person for a
term of five years who, with the state librarian, the superintendent of public
instruction, the chancellor and the librarian of the University of Nebraska,
shall constitute the commission.
STATE BOARD OF CHARITIES AND CORRECTIONS.
This act establishes a state board of charities and corrections and define
its duties and powers. The governor of the state, the commissioner of public
lands and buildings, and the state superintendent of public instruction con-
stitute the board. The board shall appoint four persons as advisory secre-
taries to co-operate with and assist them, not more than two of whom shall
belong to the same political party. It is the duty of the board to inquire
into the whole system of public charities and the methods of and practices in
the correctional institutions in the state and counties, and to ascertain the
condition thereof from time to time by inspection or otherwise, especially
of prisons, jails, infirmaries, public hospitals, asylums, reformatories and
industrial schools, etc., etc.
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ARTICLE XIX.
COMPULSORY EDUCATION.
SECTIONS
6924. Compulsory arrendance at public,
private or porochial school exemp-
tion.
6925. Truant officers duties violations.
SECTIONS
6926. Penalty.
6927. Special schools.
6928. Duty of enumerators.
6924 Sec. 225. Compulsory attendance at public, private, or par-
ochial school exemption. In school districts other than city and
metropolitan city school districts every person having legal or actual charge
or control of any child or children or youth not less than seven nor more than
fifteen years of age, shall, during each school year between the second Monday
of July and the last Monday of June following, cause such child or children
or youth to attend the public day schools for a period of not less than twelve
weeks, and if the public day school of the school district in which the person
or persons having charge or control of such child or children or youth may
reside shall be in session during the school year between the second Monday
of July and the last Monday of June following more than twelve weeks, then
the person having legal control of such child or children or youth shall cause
each of them to attend public day school not less than two-thirds of the entire
time that said school shall be in session during the school year as aforesaid;
and in no case shall such attendance be for a less period than twelve weeks.
In city and metropolitan city school districts every person residing within
such school district who has legal or actual charge or control of any child or
children or youth not less than seven nor more than sixteen years of age
shall cause such child or children or youth to attend the public day school for
the full period each school year in which the public day schools of such school dis-
trict are in session. The portion of this article requiring attendance in public
day school shall not apply in any case where the child or youth is, for a time
equal to that required by this article, instructed in some private or parochial
school; or in any case where the child is instructed at home or elsewhere by a
person qualified to give instruction in the studies required to be taught in the
public schools; or in any case where the child or youth, being of the age of
fourteen years, is legally and regularly employed for his own support or the
support of those actually dependent upon him; or in any case where the child
or youth is physically or mentally incapacitated for the work done in the
schools, or in any case where the child or youth lives more than two miles
from the school by the nearest practicable traveled road unless free trans-
portation to and from such school is furnished to such child or youth. In case
exemption is claimed on account of mental or physical incapacity, the school
authorities shall have the right to employ a physician or physicians who
shall have authority to examine such child or youth, and if such physician
or physicians shall declare that such child or youth is capable of undertaking
the work of the schools, then such child or youth shall not be exempt from
the requirements of this article. In case exemption is claimed and granted on
account of a child or youth of the age of fourteen years being legally and
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regularly employed for his own support or the support of those dependent
upon him, such child or youth may, in the discretion of those charged with
]thej enforcement of this article, be required to attend a public evening school
or some other suitable school for not less than two hours each school day and
not less than three days each week for a school year of not less than twenty
weeks. All persons of from seven to eighteen years of age, who are residents
of this state, and who by reason of partial or total blindness or deafness are
unable to obtain an education in the public schools of this state, shall under
the provisions of this article, be required to attend the Institute for the Blind or
the School for the Deaf, unless such persons are being privately or otherwise
educated as in this article prescribed, or unless they are not subjects for admis-
sion to the Deaf and Dumb and Blind Institute of the state of Nebraska.
In case exemption is claimed on account of attendance at a private or paro-
chial school, as provided in this article, or on account of attendance upon suit-
able instruction elsewhere given, as provided in this act, the authorities of
the private or parochial school so attended, or the person or persons giving
elsewhere such instruction, shall keep a record showing the names and ages
of all children enrolled, the number of the school district and the county of
their residence, the number of days such child or children claiming exemp-
tion were members of such school or attendants upon such instruction, the
days on which such pupils were present and the days on which they were
absent, and the authorities of such private or parochial school, or the person
giving elsewhere such instruction, as well as the authorities of all public
schools shall furnish at the end of each month of school a report to the county
superintendent of schools, and a duplicate of the report to the director or
secretary of the school district in which such child or children reside, on
blanks to be furnished or prescribed by the state superintendent of public
instruction, which report shall cover said items of record as above, except
that in school districts organized under the provisions of article 21, 22, 23, of
this chapter, such report shall be made to the superintendent of the city schools
of such district. It is hereby made the duty of such county or city superintend-
ent, upon the receipt of the report for the first month of school in said district,
and each two weeks thereafter, to compare such reports with the last census
report on file in his office from such district, and prepare a list of all children or
youth resident in such district who are not receiving instruction as in this
article provided, and to transmit the list to the officer or officers in such dis-
trict whose duty it is to enforce the provisions of this article.
6925 Sec. 226. Truant officers duties violations. Boards of edu-
cation in cities, villages, and metropolitan cities shall appoint one or more
truant officers, who shall qualify as police officers; shall enforce the pro-
visions of this law in the wards or districts for which they severally act;
shall have authority to apprehend and take to his home or to some public,
private, or parochial school any child found in violation of this act, and shall
be compensated for his or their services in such sums as shall be determined
by the board of education, to be paid out of the general school fund of the
city or village. In all school districts in this state any superintendent,
principal, teacher, or member of the board of education, who shall know of
any violation of this article on the part of any child or children of school age,
their parents, or persons in actual or legal control of such children, or any
96 THE NEBRASKA SCHOOL LAWS
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other person, shall, ai soon as possible, report such violation to the superin-
tendent of public instruction of the county, who shall immediately investi-
gate the case and, if necessary, give written notice to the person or persons
violating this article warning him or them to comply with its provisions; and,
if in one week from the time such notices are given, such person or persons
are still living in violation of this article, then such county superintendent shall
file a complaint against such person or persons before the county judge of
the county charging such persons with violation of the provisions of this article;
Provided, If the violation occurred within any city such superinten-
dent may, in his discretion, file such complaint before the police judge of
such city.
6926 Sec. 227. Penalty. Any person or persons violating the two next
preceding sections, shall be deemed guilty of a misdemeanor and, upon con-
viction thereof, shall pay a fine of not less than five dollars nor more than
twenty-five dollars.
6927 Sec. 228. Special schools. The boards of education in cities
may,' in their discretion, establish and conduct special schools for the instruc-
tion of children who cannot profitably or properly be cared for in the usual
schools. Any child of school age who is habitually truant or incorrigible, or
whose conduct and habits are such that he cannot with profit to himself or
in justice to the other members of the school be retained and instructed in
the usual schools, may upon complaint of the person having legal or actual
control of such child, or upon complaint of the principal or head of the school
where such child is attending, or on complaint of the truant officer be required
by the superintendent of the city schools to attend a special school as pro-
vided for in this section, until such time as the child's habits and conduct
become such as to make it advisable and proper for him to be received again
into the usual school, These special schools shall be taught in such localities
as may be considered proper and suitable by the board of education; they
shall give instruction in the branches required by law to be taught in the
common schools; they shall be as good in conveniences, equipment, and con-
dition of health as the usual schools of the city where they are situated and
they shall be taught by teachers especially fitted by nature and experience to
control and instruct wisely and successfully the special class of children to be
educated therein.
6928 Sec. 229. Duty of enumerators. In order that the provi-
sions of this article may be the better enforced it is hereby ordered that all
enumerators of persons of school age, in taking the annual school census, shall
ascertain and record the place and date of birth of each child enumerated,
together with the school or schools attended, or the place or places in which,
or the person or persons by whom such child was instructed during the pre-
ceding school year, and the person having control of such child shall take
oath or affirmation that such record is true. The enumerator is hereby
empowered to administer such oath or affirmation. Any person who shall
refuse to take such oath or affirmation, or who shall with intent to evade any
of the provisions of this article, wilfully make false statement concerning any
child or children under his control and subject to the provisions of this article,
shall be deemed guilty of a misdemeanor, and upon conviction, shall be pun-
ished by a fine of not less than one dollar and not more than ten dollars.
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97
ARTICLE XX.
SCHOOL FUNDS.
SECTION
6929. Collections report to state treasurer.
6930. Exhibit by state treasurer apportion-
ment to counties.
6931. Apportionment to districts.
6932. New districts.
6933. Fractional districts.
6934. Certificate of apportionment.
SECTION
6935. No fees for receiving and disbursing.
6936. Misuse of funds.
6937. Apportionment when drawn.
6938. Forest reserve fund distributed to
schools..
6939. Same apportionment.
6940. Same certificate.
6929 Sec. 230. Collections report to state treasurer. The county
treasurer shall collect, or cause to be collected, the fines and all moneys
for school purposes in his county, and take all proper measures to secure to
each district its full amount of school funds, and all county treasurers shall
report to the state treasurer and state auditor semi-annually, on or before
the third Monday of April and the first Monday of November, and at such
other times as the auditor may require, a statement showing the whole
amount of moneys collected on account of state, county and district school
tax, and from all other sources respectively, noting the interest separately
and the amount received on account of licenses and fines, and from all other
sources from which school funds are derived, together with a statement
showing the amount paid out, to whom, and on what account, and at the
same time the county treasurer shall pay over to the state treasurer all funds
and moneys from whatever source derived, belonging to the general school
fund in his hands and make a settlement thereof with the state treasurer.
1. The minimum amount that must be paid for running a saloon in the state of
Nebraska is $500; this is license money and must go to the school fund. Where more than
$500 is paid for the privilege of running a saloon, $500 must go to the school fund, and the
remaining amount should go to the school fund or to the village or city, depending upon the
purpose of the ordinance.
2. Where money is collected or paid as a condition of obtaining a license, it is license
money, and not a tax, under the provisions of section 5, article 8, of the constitution (61
Neb., 490.)
3. If the purpose of the city authorities in adopting an ordinance was to raise revenue,
then the money exacted is a tax; but, if regulation was the end. and object in view, the money
results from an exercise of the police power and is license money. (63 Neb., 829.)
4. W hether money raised under the provisions of a municipal ordinance, requiring every
person engaged in a certain occupation or business to pay a fixed sum annually into the city
treasury, is license money, within the meaning of section 5, article 8 of the constitution, depends
upon the substance and purpose of the ordinance rather than upon its form. (63 Neb., 829.
5. Ah ordinance having no element of regulation, and showing on its face that the sole
object of the city authorities in adopting it was to raise revenue, is a tax ordinance, notwith-
standing the payment of the money and obtaining of a license is a condition precedent to engag-
ing in the business. (63 Neb., 829.)
Cited 5 Neb., 102, 303. 14 Id., 347.
Occupation tax. 17 Neb., 219. 19 Id., 191. 27 Id., 64. 5 Neb., 309. 9 Id., 352.
403. 40 Id., 298.
6930 Sec. 231. Exhibit by state treasurer apportionment
to counties. The state treasurer shall, semi-annually on or
before the third Monday in July and the third Monday in January,
make a complete exhibit of all moneys belonging to the school
fund of the state, as returned to him from the several counties,
together with the amount derived from other sources, and de-
98 THE NEBRASKA SCHOOL LAWS
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liver the same duly certified to the state superintendent; and
within twenty days thereafter the state superintendent shall
make the apportionment of the funds in such counties as follows,
to wit: One-fourth of the whole amount shall be divided
equally among the districts of the state entitled to receive the
same and shall be distributed to the counties according to the
number of such districts as shown by the report last returned
from the county superintendent; and the remaining three-fourths
shall be apportioned to the counties according to the pro rat a
enumeration of pupils in each county last returned from the
county superintendent. The state superintendent shall certify
the amount of the apportionment of both the one-fourth and
the three-fourths of said state school fund to the superintendent
of the proper county and to the state auditor, who shall draw a
warrant on the state treasurer in favor of the various counties for
the amount so specified by the state superintendent.
6931 Sec. 232. Apportionment to districts. The several
county superintendents immediately and within twenty days
after receiving such apportionment, shall apportion the entire
amount as follows, to wit: The share 'which the state superin-
tendent has certified to be distributed equally to the several
districts in the county shall be so distributed. To the balance of
the amount distributed to the county they shall add all moneys
received by the county treasurer on account of fines and licenses
and this sum total shall be distributed to the several districts
of the county pro rata according to the average daily attendance
last returned by the directors of the various districts. The total
apportionment of each district shall be its share in the district
apportionment made by the state superintendent for each dis-
trict, together with its pro rata share of the balance of the amount
of the state apportionment added to the amount received from
fines and licenses, and no district, city or village, which shall
have failed to sustain a school for the length of time required
by law shall be entitled to receive any portion of the fund.
The enumeration of pupils, on which this apportionment is based, must be made within
ten days preceding the last Monday in June. See section 75, article 4. The constitu-
tion of 1875 (article VIII., section 7) provides that "no apportionment shall be made from
said fund to any district for the year in which school is not maintained at least three months."
Where the new district is formed in whole or in part from unorganized territory which could
have no school the year before, such a district must have at least three months' school previous
to the time of taking the annual census of children and report the same to the county superin-
tendent before it can draw state funds. Money cannot be apportioned to counties unless the
county superintendent makes a report.
In order that a district be entitled to share in the apportionments made in December
and June of each school year, the following conditions are necessary: The amount of school
specified in section 46, article 2, must have been taught in the district in the school year
which ended with the second Monday of the preceding July; the census must have been made
at the proper time; and the proper reports must have been made to the county superinten-
dent. See sections 75 and 80, article 4, and section 10, chapter 32.
6932 Sec. 233. New districts. When a district is formed from other
districts where during the preceding school year school has been kept open
the term required by law, such new district will be held and deemed to have
had school the lawful time, and apportionment shall be made to it accord-
ingly.
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Money in the county treasury, whether derived from fines or licenses, or from the state,
should all be apportioned in the same manner, viz., one-fourth equally among the districts,
three-fourths pro rata.
Money derived from a license issued by the authorities of an incorporated city or vil-
lage authorized to grant licenses goes into the school fund of that city or village; all other fteeia**
moneys go into the school fund of the county. See 29 Neb., 348.
6933 Sec. 234. Fractional districts. In making the "one-fourth"
apportionment each fractional district shall receive one-half as much as a
full district.
6934 Sec. 235. Certificate of apportionment. The county superin-
tendent shall immediately after making such apportionment enter the same
in a book kept for that purpose, and shall furnish the county treasurer with
a certified copy of such apportionment, and each of the directors in the re-
spective districts in his county a certificate, showing the amount due such
district, which amount shall be subject to the order of the director on the
county treasurer when properly countersigned by the moderator.
The county treasurer is not authorized to pay out county school fund until it has been
apportioned by the county superintendent. 11 Neb., 238.
6935 Sec. 236. No fees for receiving and disbursing. County treas-
urers arc not allowed to charge a per cent for receiving and disbursing the state
school appropriation.
6936 Sec. 237. Misuse of funds. School treasurers arc forbidden
to lend or use any part of the school moneys which may be in their hands,
under penalty of fine and imprisonment, under the provisions of the statute
regarding embezzlement.
6937 Sec. 238. Apportionment when drawn.- Heforc a school dis-
trict treasurer shall be allowed to draw the state apportionment from the
county treasurer, he must present a certificate from the county superin-
tendent setting forth that such district has had the legal number of months'
school, has made the census report properly, and has made the proper financial
report required by law.
6938 Sec. 239. Forest reserve fund distributed to schools. The
forest, reserve funds, annually paid in to the state treasury by the United
Slates government under an act of congress approved June 30, 1906, shall be
distributed among the several counties of the state entitled to the same for
the benefit of the public schools and the public roads of such countries under
the direction of the state superintendent of public instruction, in the following
manner, to wit:
First. The state treasurer shall, annually on or before the first Monday
in May, certify to the state superintendent of public instruction the amount
of money received from the national government as Nebraska's proportionate
share of the income from the forest reserves within the state for the fiscal year
last past.
Second. The commissioner of public lands and buildings shall, annually
on or before the first Monday in May, make and deliver to the state super-
intendent of public instruction a certificate showing the counties entitled
to share in the forest reserve fund, together with the number of acres of
forest reserves in each county.
Third. The state superintendent of public instruction shall, on or before
100
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the last Monday in May, make apportionment of said funds to such counties
according to the number of acres of forest reserve in each county, and certify
the apportionment of each county to the county superintendent of the proper
county and to the state auditor, who shall draw a warrant on the state
treasurer in favor of the various counties for the amount so specified by the
state superintendent of public instruction.
6939 Sec. 240. Same apportionment. The several county superin-
tendents shall, within twenty days after receiving such apportionment, appor-
tion the amount as follows: One-fifth of the whole amount to the public road
fund of the county, one-fifth equally to the several school districts in the
county, and the remaining three-fifths to the several school districts in the
county pro rata according to the enumeration of scholars last returned by the
directors of the various districts; and no district, city or village, which shall
have failed to sustain a school for the length of time required by law, shall be
entitled to receive any portion of the forest reserve fund.
6940 Sec. 241. Same certificate. The county superintendent shall,
immediately after making such apportionment, enter the same in a book kept
for that purpose, and shall furnish the county treasurer with a certified copy
of such apportionment, and each of the directors in the respective districts
in his county a certificate, showing the amount due such district, which
amount shall be subject to the order of the director oh the county treasurer
when properly countersigned by the moderator.
ARTICLE XXI
MISCELLANEOUS PROVISIONS.
SECTION
6941. Modern European Language to be
taught.
6942. Attendance at nearer school district.
6943. Pupils transportation.
SECTION
6944. Instruction in neighboring district.
6945. Secret fraternities.
6946. Expulsion from school.
6947. Rushing violation.
6941 Sec. 242. Modern European language to be taught. In
every high school, city school or metropolitan school in this state the
prope' 1 authorities of such school districts shall upon the written request
when made at least three months before the opening of the fall term of
such school by the parents or guardians of fifty pupils above the fourth
grade then attending such school, employ competent teachers and pro-
vide for the teaching therein above the fourth grade, as an elective course
of study, of such modern European language as may be designated in
such request. Provided, not more than five hours each week and not
less than one period each day shall be devoted to the teaching of any such
modern European language in any elementary or grade school.
6942 Sec. 243. Attendance at nearer school district. When
children of school age reside with their parents or guardians more
than one and one-half miles from the school house in their own
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district, and nearer to the school house in any adjoining district,
the distances to be measured by the shortest route possible upon
section lines or traveled roads open to the public, such children,
may have school privileges in the adjoining district instead of in
the district of their residence, under the following conditions,
to wit: The parent or guardian of such children shall, at or be-
fore each annual meeting, notify the county superintendent of
each district affected, using such form of notice as the state
superintendent shall prescribe, which notice shall state the
distances, as herein provided, and shall be attested by the signa-
ture of a legal voter and tax payer of the district in which the
children or wards reside, and the signature of a majority of the
members of the school board of the district in which such
children or wards desire school privileges, in addition to the
signature of such parent or guardian; and the county superin-
tendent shall notify the director of each district to transfer such
person, together with such children or wards, to such adjoining
district for school purposes for the year next ensuing and it shall
be the duty of the county superintendent to see that the children
or wards arc enumerated in the adjoining district and not in the
district of their residence. The county superintendent shall
notify the county clerk of the transfer, and the county clerk shall
be empowered and it is hereby made his duty, to place the school
taxes, except for the payment of .existing bonds or interest on the
same, of the parents or guardians and of the real estate on which
they reside, not exceeding a quarter section of land, for the year
next ensuing, in the adjoining district instead of in the district
of their residence, basing such school taxation upon the levy for
school purposes in the adjoining district, and the assessed valua-
tion of the property of such parents or guardians and the real
estate as determined by the proper officers, and the taxes shall be
collected as provided by law for the other taxes: Provided, when
such transfer shall have been made, the children continue to
have school privileges in the adjoining district until their parents
or guardians shall, in writing, notify the county superintendent
of their desire to be again transferred to the district of their resi-
dence or shall remove from said real estate; in either event, the
county superintendent shall notify the county clerk of such
re-transfer, and the taxes of the parent or guardian and the real
estate shall again be placed in the district of their residence:
Provided, further, the parents or guardians of the pupils so trans-
ferred shall have the right to vote in the district to which such
pupils are transferred on all school matters except that of issuing
bonds. Emergency.
A person transferred under thia section is eligible to school office in the district to which
he is transferred.
The transfer of pupils provided for in section 243, article 21, of the School Laws, is made
entirely independent of any action of the annual district meeting of either district affected.
In other words, the annual district meeting has no power to authorize or prevent such transfer.
The application for transfer must be made not later than the annual meeting. The
county superintendent may notify the directors a little later, but the county superintendent
102 TIlV/ N KliRASKA SCHOOL LAWS
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should be notified by the applicant not later than the annual meeting in order that the transfer
may be legally made.
Children transferred to an adjoining district under section 243, article 21, are in-
cluded in the census of said adjoining district and their share of the apportionment is paid to
such district. There is no statutory provision authorizing the payment of a pupil's share of
the state apportionment to the credit of any district other than that in which said pupil is
enumerated.
Pupils transferred from one district to another under section 243, article 21, should
attend the nearest school of the adjoining district.
The property of a person transferred under the provisions of this section would be taxed
for free high school tuition of other pupils living in the district to which he is transferred, or
if there is a high school in the district to which he is transferred, his property would be taxed
for the maintenance of such high school.
When a transfer has been made under section 243, article 21, it becomes a matte r
of record. The reports from the two districts are made up on the basis of the change, the school
apportionment is made out on that basis, the taxes of the party have been transferred and
f here seems to be no way by which he may be re-transferred until the next annual meeting.
In case a renter, who has his children and taxes transferred to an adjoining district
under section 243, article 21, removes from the district, and another renter occupies the resi-
dence vacated by the former, the second renter would have free school privileges only in the
district of his residence.
If a transfer was made before a change of site was ordered by the annual meeting, when
the reasons for granting such transfer were modified by such change of site, such a transfer would
become null and void.
The law makes no provision for the director of an adjoining district to reject pupils
who are transferred under the provisions of section 4a, subdivision 5.
The distances spoken of in section 243, article 21, are to be measured by the shortest
route possible upon section lines or roads open to the public. Section lines are not recognized as
roads within the meaning of section 243, article 21, until they have been declared open by the
county board. If the section line is not open to the public, it is not to be taken into account
in measuring the distance.
Whenever the public generally is permitted to travel over a certain road without objec"
tion or hindrance by the owner of the land, and the road is used to some extent in that way>
such a road is a "traveled road open to the public" within the meaning of section 243, article 21.
1 Where a tract of land upon which there is a railroad bed is transferred under the pro-
visions of section 243, article 21, School Laws, the taxes accruing from such railroad bed do not
transfer.
A renter is entitled to the privileges mentioned in section 243, article 21. The county
clerk is empowered and it is made his duty, to place the school taxes (except for the payment
of existing bonds or interest on the same) of the said parents or guardians and of the real estate
on which they reside, not exceeeding a quarter section of land, for the year next ensuing in the
said adjoining district instead of the district of their residence. Note that it is all the taxes
of said parents or guardians including the taxes of the real estate on which said parents or
guardians reside, notwithstanding the fact that they may be living on land which does not
belong to them.
The county superiniendent would have authority to revoke a transfer to a nearer school
under section 243, article 21, if upon investigation he finds the conditions do not comply with the
jaw. If it is granted upon misrepresentation, it is his duty to revoke the transfer.
In case a party who desires to be transferred under section 243, article 21, cannot
secure signatures to his petition, there seems to be no way in which the transfer can be made.
Parents or guardians of the pupils so transferred shall have the right to vote in the dis-
trict to which such pupils are transferred on all school matters except that of issuing bonds.
They would have the right to vote on the issuance of bonds in the original district.
Does not apply to citizens of another state seeking trausier to Nebrasica for public school
purpose.
6943 Sec. 244. Pupils transportation. A board of education of
a city, or a board of trustees of a high school district, by a two-thirds
vote of the entire board, or a district board of any school district in this state
when authorized by a two-thirds vote of those present at any annual or special
meeting, is hereby empowered to make provision for the transportation of
pupils residing within the district to any other school to which said pupils
may lawfully attend, whenever the distance from such school shall render it
impracticable for said pupils to attend without transportation.
6944 Sec. 245. Instruction in neighboring district. That a board of
trustees of a high-school district, or a district board of a school district in this
state, whefi authorized by a two-thirds vote of those present at any annual
or special meeting, is hereby empowered to contract with the district board
of any neighboring district for the instruction of pupils residing in the
THE NEBRASKA SCHOOL LAWS
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103
first named district in schools maintained by the neighboring district, and to
make provision for the transportation of such pupils to the above named
school of the neighboring district under the conditions named in the preceding
section; Provided, school districts thus providing instruction for their
children in neighboring districts shall be considered as maintaining a sciiuoT~
as required by law; Provided, further, the teacher of the last named
school shall keep a separate record of attendance of all pupils from the first
named district and make a separate report to the .director of said district.
6945 Sec. 246. Secret fraternities. It shall be unlawful for the pupils
of any public high schools or other elementary schools of this state to par-
ticipate in or be members of any secret fraternity or secret organization
whatsoever that is in any degree a school organization.
6946 Sec. 247. Expulsion from school. All boards of education and
hoards of trustees of high school districts or of county high schools an; hereby
authorized and empowered to deny to any student regularly enrolled in such
high school or elementary school, who shall violate the next, preceding seel ion,
any or all of the privileges of such high school or elementary school, or to
expel any such student for failure or refusal to comply with the next preced-
ing section or the next following section.
6947 Sec. 248. Rushing violation. It is hereby made a misdemeanor
for any person, whether a pupil of any such school or not, to be upon the
school grounds or to enter any school building for the purpose of "rushing"
or soliciting, while there, any pupil or pulpils of such schools to join any frn-
ternity, society or association organized outside of the schools. All county
courts and justices' courts in the state shall have jurisdiction of all offenses
committed under this section, and all persons found guilty of such offenses
shall be fined not less than two dollars nor more than ten dollars.
ARTICLE XXII.
SCHOOLS IN CITIES OF OVER FIFTEEN HUNDRED INHABITANTS.
SECTION
SECTION
6948. District body corporate.
6962. Vacancies.
6949. General control free schools.
6963. Quorum.
6950. Board of education.
6964. Accounts money, when appropriated
6951. Elections.
6965. Census.
6952. Oaths vacancy.
6966. City certificate required of teaoher.
6953. Meetings.
6967. Board not interested in contracts.
6954. General powers compensation.
6968. Disposal of property
6955. Officers superintendent.
6969. Payment of debts funding bonds.
6956. President.
6970. Estimate of expenses taxes.
6957. Vice-President.
6971. Limit of taxation bonds.
6958. Secretary.
6972. Interest and sinking fund.
6959. Same bond.
6973. Purchase of bonds before maturity.
6960. Treasurer bond.
6974. Control of funds.
6961. Property of districts merged.
6975. Taxes paid in money.
6948 Sec. 249. District body corporate. That the territory embraced
within the corporate limits of each incorporated city or village in the slate of
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tional territory and additions to such city or village as may be added thereto),
as declared by ordinances to be the boundaries of such city or village, having
a population of more than fifteen hundred (1,500) inhabitants, including such
adjacent territory as now is, or hereafter may be attached for school purposes,
shall constitute one school district, and be known by the name of "the school
district of (name of city or village), in the county of (name of county), in the
state of Nebraska," and as such, in that name, shall be a body corporate and
possess all the usual powers of a corporation for public purposes, and in that
name and style may sue and be sued, purchase, hold, and sell such personal
and real estate, and control such obligations as are authorized by law, and
the title to all school buildings or other property, real or personal, owned by
any school district within the corporate limits of any city or village, shall
upon the organization of the district under the provisions of this article
vest immediately in the new district; and the board of education, by this
article provided, shall have exclusive control of the same for all pur-
poses herein contemplated; Provided, any territory not included in the
corporate limits of any city or village and containing territory or a number of
children sufficient to constitute a school district under the provisions of this
chapter, may, by petitions signed by at least a majority of the legal voters
of such territory, and a majority of the board of education of such city or
village, be, by the county superintendent, erected into a separate district
under the conditions imposed by this chapter. [Amended 1909.]
Consolidation of district: payment of debts.. 15 Neb., 4. Cited 10 Id. 12.
6949 Sec. 250. General control free schools. All schools organized
within the limits of said cities shall be under the direction and control of the
boards of education authorized by this article. Such schools shall be free to all
children between the ages of five and twenty-one years, whose parents or
guardians live within the limits of the district, and all children of school age
non-residents of the district who are or may be by law allowed to attend said
school without charge.
6950 Sec. 251. Board of education. The boards of educa-
tion contemplated by this article shall consist of six members
who shall be elected upon a general ticket from among the
legal voters -who arc tax payers at the time for holding the general
city election in each year. At the first election in cities organized
under this article two members shall be elected for a term of
three years, two for two years and two for one year, and annually
thereafter two members shall be elected for three years and until
their successors are elected and qualified and installed in office:
Provided, in cities of the first class having a population of less than
forty thousand and more than five thousand inhabitants the
board of education shall at the option of the school district
consist of nine members who shall be qualified electors of such
city, and shall be actual tax payers, who shall be elected at the
times and hold their offices for the terms hereinafter prescribed,
to wit: At the first annual city election held after organizing
under this article, three members shall be elected for the term of
three years, three for two years and three for one year; and an-
THE NEBRASKA SCHOOL LAWS 105
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nually thereafter their successors shall be chosen for the term of
three years, and all members so elected shall serve until their
successors are duly elected and qualified: Provided further, in
cities of the first class having a population of more than forty
thousand and less than a hundred thousand the board of educa-
tion shall consist of six members who shall be elected in manner
following: At the general city election to be held in the year 1905,
and every six years thereafter, there shall be elected two members
of the board of education for a term of six years. At the general
city election to be held in the year 1907, and every six years there-
after, there shall be elected two members of the board of educa-
tion for a term of six years. At the general city election to be held
in the year 1909, and every six years thereafter, there shall be
elected two members of the board of education for a term of six
years: Provided, incumbents in office, whose terms expire sub-
sequent to the general election of said city for the year 1905, shall
be privileged to continue in office until their successors are elected
and qualified as herein provided; those whose terms shall first
expire shall be superseded by those first elected under the pro-
visions of this article. The members of the board of education
shall enter upon the duties of their office on the first Tuesday
succeeding their election. In event of a vacancy among the
members of the board of education, such vacancy shall be filled
by nomination by the mayor and confirmation by the city council,
and such appointment shall continue for the unexpired term.
Provided further, that nominations of candidates for members
of the board of education shall be chosen at the primaries at the
same time and in the same manner as candidates are chosen for
members of the city commission and no filing fee shall be required
of such candidates. Emergency.
6951 Sec. 252. Elections. That the ballots for the election of mem-
bers of the board of education, for authorizing the issuance of bonds, or the
purchase of sites and erection of buildings, shall in all cases be deposited in
boxes especially prepared for that purpose, and be received, and returns made
by the regular election board; the returns for the election of members
shall be convassed in the same manner as provided for in the case of city
officers; the returns for the issuance of bonds, purchase of sites, and erection
of buildings shall be made to and canvassed by the board of education
6952 Sec. 253. Oaths vacancy. All persons elected as members
of boards of education shall, on or before the first Monday of the month
following their election, take and subscribe the usual oath of office. In case
any person elected shall fail so to do, his election shall be void, and the- vacancy
thereby occasioned shall be filled by the board as hereinafter provided.
6953 Sec. 254. Meetings. The regular meetings of the boards of
education shall be held upon the first Monday of each month; but special
meetings may be held from time to time, as circumstances may demand, and
all meetings of the board shall be open to the public, unless otherwise speci-
ally ordered.
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6954 Sec. 255. General powers compensation. The boards of edu-
i-u.l ion shall have power to select their own officers and make their own rules
and regulations subject to the provisions of this subdivision and of this act;
but no member of the board, except the secretary, shall accept or receive any
compensation for services performed in discharging the duties of his office.
6955 Sec. 256. Officers superintendent. The term of members
elected shall begin with the first Monday in May succeeding their election each
year, and the members of the board shall thereupon elect a president and vice-
president from their own number, and a secretary either from their own num-
ber or outside, in the discretion of the board, and they shall determine the
salary of such secretary, not to exceed, however, $720.00 per annum, pro-
vided that the limitation of salary shall not apply to school districts compris-
ing territory within the corporate limits of cities of the first class having a
population of more than 40,000 and less than 100,000. Each of the officers
shall serve for the term of one year or until their successors are elected and
qualified. They may also elect at any regular meeting one superintendent of
public instruction with such salary as the board may deem best, and they
may enter into contract with him at their discretion, for a term not to
exceed three years. The election of the officers of the board, of the superin-
tendent and teachers, and all elections for filling vacancies on the board shall
be by ballot, and no person shall be declared elected except he receive the
vote of a majority of all the members of the board.
6956 Sec. 257. President. It shall be the duty of the president
to preside at all meetings of the board, to appoint all committees whose
appointment is not otherwise provided for, and to sign all warrants ordered
by the board of education to be drawn upon the city treasurer for school
moneys.
6957 Sec. 258. Vice-president. It shall be the duty of the vice-
president to perform all the duties of the president in case of his absence or
disability.
6958 Sec. 259. Secretary. It shall be the duty of the secretary
to be present at all meetings of the board, to keep an accurate journal of its
proceedings, to take charge of its books and documents, to countersign all
warrants for school moneys drawn upon the city treasurer by order of the
board, to apply for and receive school funds from the county treasurer, or
other person to whom such funds are payable by law, and deposit the same
with the treasurer of the board, and to perform all such other clerical duties
as the board may require; and for his services he shall receive such salary as
the board may deem adequate.
6959 Sec. 260. Same bond. Before entering upon the discharge
of his duties the secretary of the board shall give bonds in the sum of
not less 'than one thousand dollars, to be determined by the board, with
good and sufficient sureties, and shall take and subscribe an oath or affirmation
before a proper officer, that he will support the constitution of the state of
Nebraska, and faithfully perform the duties of his office.
6980 Sec. 261. Treasurer bond. The city treasurer of such city
shall be ex officio treasurer of the school district. He shall attend all meet-
ings of the board when required so to do, and he shall prepare and submit in
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writing a monthly report of the state of its finances, and he shall pay school
moneys only upon warrants signed by the president of the board or, in his
absence, by the vice president, and countersigned by the secretary. He shall
give a bond payable to the county in such sum as may be fixed by the board
of education, which bond shall be signed by one or more surety companies
of recognized responsibility, and the cost of such bond shall be pakl hjL_tke
school district.
6961 Sec. 262. Property of districts merged. Within ten days after
the permanent organization of a board of education as provided for in this
subdivision, it shall be the duty of all officers of school districts within the
limits of cities aforesaid to deliver to the officers of the board all property,
funds, and papers entrusted to their care, for the use of the public schools of
such cities, and all funds thus received shall be immediately paid to the
treasurer of the board, and be by him placed to the credit of the school district
provided by this article.
6962 Sec. 263. Vacancies. The boards of education shall have power
to fill any vacancies which may occur in their body from among the legal
voters who are tax payers; Provided, any vacancy occurring more than
ten days previous to the annual city elections, and leaving an unexpired
term of more than one year, shall be filled at the first city election thereafter,
and the ballots and returns shall be designated as follows: "To fill unexpired
term."
6963 Sec. 264. Quorum. -A majority of all the members of
each board of education shall constitute a quorum, but a less number in attend
ance at any regular meeting shall have, and a quorum at any special meeting
may have, power to conpel the attendance of absent members, in such a
manner, and under such penalties as such board shall see fit to prescribe; and
the absence of any member from four consecutive regular meetings of the
board, unless on account of sickness or consent of the board, removal from
the district, or resignation accepted by the board shall vacate his position
on the board, and such vacancy shall be filled in accordance with the provi-
sions of this article.
6964 Sec. 265. Accounts money, when appropriated. All accounts
shall be audited by thesecretary, approved by a committee, to be styled the com-
mittee on claims, and no expenditure greater than two hundred dollars shall be
voted by the board, except in accordance with the provisions of a written con-
tract; nor shall any money be appropriated out of the school fund, except on a
recorded affirmative vote of a majority of all the members of the board, and
said accounts and the records of the board in cities of the first class shall at
all times be subject to the inspection and examination of the auditor of such
city, whose duty it shall be each month to examine the records and check
the accounts and from time to time, as may be required by ordinance or
resolution of the city council, report to the council the nature and state of
the accounts, and any facts that may be required concerning the records.
6965 Sec. 266. Census. The boards of education shall annually
cause to be taken an enumeration of all persons between the ages of five and
twenty-one years, residing in the district, who shall report 1 lie same, to^et hn
with such other information as required by article 4 of l.his chapter, to the
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county superintendent of public instruction, at the time specified by law for
like returns from other districts.
In order that the county superintendent may legally apportion to a city school district
its full share of the state apportionment of public school moneys, the secretary of the board of
education of the city school district must file with the county superintendent, under path, a
statement showing that each and every teacher in such school district is legally qualified to
teacb therein. This statement must show the grade of the certificate held by each and every
teacher, waen, where, and by what authority issued, and on what qualifications. This report
should be made to the county superintendent at the time the city school district files its report
of the school census.
6966 Sec. 267. City certificate required of teacher. No person shal
be elected to a position in any city school as teacher, principal, supervisor, or
superintendent who does not hold the legal city certificate entitling him to
teach the grades or subjects to which elected.
See Section 149, article 12 for law governing issuance of city certificate.
6967 Sec. 268. Board not interested in contract. It shall be unlawful
for any member of the board of education to have any pecuniary interest,
either directly or indirectly, in any contract for the erection of schoolhouses,
or for warming, ventilating, furnishing, or repairing the same, or to be in any
manner connected with the furnishing of supplies for the maintenance of the
schools.
6968 Sec. 269. Disposal of property. No school property of any
kind belonging to any school district shall be sold by the board of education,
except (upon an order passed) at a regular meeting of the same, and not then
without an affirmative recorded vote of at least two-thirds of all the members
of the board.
6969 Sec. 270. Payment of debts funding bonds. Each of the
school districts provided for in the first section of this article shall have the
power, and it shall be the duty of the board of education to provide for the
payment of debts created by school districts or other school organizations
superseded by the districts herein provided for, when such debts shall have been
incurred in the erection of schoolhouses, or for other school purposes; if any
portion of such debts shall be in the form of bonds, if issued for a valuable
consideration, and in accordance with law, the validity of which has not been
called in question, or if called in question have been declared by courts of
last resort to be valid, the holder or holders thereof, on surrendering the same
to the board, shall have the right to demand, and it shall be the duty of the
board, in the name of the district created by this article to cause to be
issued other bonds of like amount, of the same tenor and effect as to payment
of principal and interest as the bonds surrendered. This provision shall also
apply to cases where only a part of a district shall be embraced within the
district created by this article, whenever said fractional part shall petition
and become a part of said district, as provided for in the first section of
this article; Provided, the latter shall assume and pay only such propor-
tion of the debt of the divided district as the assessed valuation of the
part taken therefrom shall bear to the assessed valuation of the part
remaining. In case of a division of one or more -school districts for
the purpose of forming one school district within the limits of a city of the
first class, it shall be the duty of the county superintendent of public instruc-
tion, the president of the board of education, and the director of the school
district, to appraise and adjust all claims or assets in such a manner that each
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district shall bear its proportion of the indebtedness, as heretofore provided,
and have its proportion of the assets of the district.
6970 Sec. 271. Estimate of expenses taxes. The board of educa-
tion shall annually, during the month of June, report to the county board
an estimate of the amount of funds required for the support of the schools
during the fiscal year next ensuing, the amount of funds required for the
purchase of school sites, the erection of school buildings, the payment of
interest upon all bonds issued for school purposes, and the creation of a sink-
ing fund for the payment of such indebtedness; and the county board
are hereby authorized and required to levy and collect the necessary amounts
the same as other taxes; a duplicate of said certificate shall be filed by the
board with the city council.
Cited 36 Neb., 263.
6971 Sec. 272. Limit of taxation bonds special warrants.
The aggregate school tax, exclusive of school bond and special
warrant taxes, shall in no one year exceed thirty-five mills.
Provided, that a levy not exceeding forty-five mills may be made
after submitting the proposition of the increased levy at an
election called for the purpose or at any regular election, notice
whereof shall be given for at least twenty days in one or more
papers published within the district to the qualified voters of the
district, and if sixty per cent of the votes cast at such election
shall be for the proposed increased levy, the board may make the
levy in such amount as may be named in the election notices.
But the board of education may borrow money upon bonds or
special warrants which they are hereby authorized and empowered
to issue, bearing a rate of interest not to exceed six per cent per
annum, interest payable annually or semi-annually at such place
as may be mentioned upon the face of the bonds or special war-
rants which loan shall be paid and reimbursed, in the case of
bonds, in the period of not exceeding thirty years from the date
of said bonds, and, in case of special warrants, the same shall be
paid from the proceeds of a special levy for that purpose as is
provided for the payment of above bonds herein referred to.
Provided no bonds or special warrants shall be issued nor the
question of issue submitted to the voters without the consent of
two-thirds of the members of the board of education and be
offered in the open market and sold to the highest bidder for not
less than par value of the dollar; and provided further, no bonds
nor special warrants shall be issued by the board of education
without first submitting the proposition of issuing the bonds or
special warrants at an election called for that purpose, or at any
regular election, notice whereof shall be given for at least twenty
days in one or more papers published within the district to the
qualified voters of the district and at such election there shall be
submitted to the qualified voters the question of the issuance of
bonds or special warrants of the district and if a majority of the
ballots cast at such election shall be for issuing bonds or special
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warrants, the board may issue bonds or special warrants, as the
case may be, in such amount as may be named in the election
notice. Provided, in cities of the first class having over 25,000
inhabitants, if such question is submitted at a special election, it
shall require to carry the same a two-thirds majority of the votes
cast at such election. Emergency.
6972 Sec. 273. Interest and sinking fund. The board of education
is hereby authorized and required to provide, before the same shall become due
for the interest on all bonds issued by the district; they shall also, immediately
after the expiration of one-half of the time for which said bonds are issued,
proceed to set apart each year, for a sinking fund, a requisite amount or
proportion sufficient to pay the principal of said bonds when they shall be-
come due. All moneys set apart for said sinking fund shall be invested:
First. In the purchase and redemption of bonds of the school district,
which bonds shall be purchased in open market, in such manner as the board
of education shall prescribe.
Second. In bonds of the county in which the city is situated.
Third. In bonds of the state of Nebraska.
Fourth. In U. S. Bonds.
Fifth. In bonds of the city.
6973 Sec. 274. Purchase of bonds before maturity. If it shall
be deemed advisable by the board of education to purchase bonds issued under
the provisions of this chapter, before maturity, the treasurer shall sell to the
highest bidder, in open market, and in a manner prescribed by the board,
such bonds or securities as shall belong to the school funds, and the proceeds
thereof shall apply to purchase of bonds herein provided for.
6974 Sec. 275. Control of funds. All moneys arising from any
source whatever, which are payable to any school fund of any city of the state
or any moneys which are required to be set apart by the treasurer of any such
city for the support arid maintenance of any school therein, shall be payable
to the treasurer of the board of education, and shall be used only for the
purpose specified in this article.
6975 Sec. 270. Taxes paid in money. All taxes collected for the bene-
fit of the public schools shall be paid in money, and shall be subject to the
order of the board of education.
ARTICLE XXV.
STATE NORMAL SCHOOLS.
SECTION
7057. Direction and control.
7058. Officers of bo.-rd.
7059. Secretary duties report.
7000. Teachers and employees.
7061. Compensation of board.
7<)<;2. Meetings.
7003. Preservation of property.
7005. Principals responsibilities.
SECTION
7000. Morals of pupils no religious test.
7007. Diplomas certificates.
7008. Control of funds.
7009. Endowment of funds.
7070. Matriculation fees.
7071. Dormitory fund.
7072. Purpose of schools.
7073. Admission of pupils.
7057 Sec. 358. Direction and control. All of the state normal schools
shall be under the direction of a board of education, consisting of seven
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members, five of whom shall be appointed by the governor for a term of five
years each, and the state treasurer and the state superintendent of public
instruction shall by virtue of their office be members of the board. All
vacancies occurring in the board shall be filled by appointment of the governor.
7058 Sec. 359. Officers of board. The members of the board .of__cdu-
cat .ion, shall annually elect a president and a secretary among their own num-
ber and the state treasurer shall be treasurer of the board by virtue of his
office.
7059 Sec. 360. Secretary duties report. It shall be the duty
of the secretary to keep an exact and detailed account of the doings of the
board, and on the first day of January of each year he shall transmit to the
governor a report of all expenditures made during the preceding year,
vouchers for which shall be kept on file in the office of the secretary, and open
to the inspection of the governor, auditor, and members of the legislature.
7060 Sec. 361. Teachers and employees. The board shall have power
to appoint a principal, assistant teachers, and such other employees as may
be required, for each normal school, to fix their compensation and prescribe
t heir duties. They shall have power to remove all persons appointed by them,
provided the affirmative votes of four members of the board shall be necessary
to remove a principal or an assistant during the time for which such persons
were appointed.
7061 Sec. 362. Compensation of board. The board of education shall
receive no compensation for their services, but shall be reimbursed actual
expenses incurred in attending upon meetings of the board.
7062 Sec. 363. Meetings. The board shall hold each year a regular
meeting at or near the close of each semester, and such special meetings as
may be found necessary.
7063 Sec. 364. Preservation of property. The board shall adopt all
needful rules and regulations for the careful preservation of the buildings,
furniture, apparatus, grounds, timber, shrubbery, etc., belonging to the
normal schools.
7065 Sec. 366. Principal, responsibilities. The principal of each
school shall be the chief executive officer thereof, and shall be responsible to
the board for the control and management of the same. All teachers and
other subordinates in each school shall be under the direction of the principal
thereof, subject to the general regulations of the board.
7066 Sec. 367. Morals of pupils no religious test. The board in
their regulations, and the principal in his supervision and government of the
school, shall exercise a watchful guardianship over the morals of the pupils;
but no religious or sectarian test shall be applied in the selection of teachers,
and none shall be adopted in the school.
7067 Sec. 368. Diplomas certificate. Any student of good moral
character having completed the elementary course of the state normal schools
of this state shall be granted an elementary state certificate by the board of
education of the state normal schools, which shall be good for a term of not less
than one year and not to exceed three years from date of issuance, at the
discretion of the county superintendent of the county in which the holder
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of such certificate shall teach. Any student completing the higher course of
study in a saticfactory manner shall be granted by the board of education of
the state normal schools a diploma which shall be recognized as a first grade
[state] certificate, which shall entitle the holder to teach in any of the schools
of the state without further examination for the space of three years. Any
graduate of the higher course, who shall, after graduation, teach two annual
terms of school of not less than six months each, or their equivalent, and shall
produce a certificate of good moral conduct and satisfactory discharge of pro-
fessional duties from the board or boards of directors of the district or districts in
which the applicant taught, countersigned by the county superintendent of
the proper county or counties, shall be granted by the board of education of
the state normal schools an additional diploma which shall be recognized as
a professional state certificate good for life. Provided, any teacher
producing satisfactory proof of three years' successful teaching previous to
graduation in the higher course of study may receive such diploma upon
graduation. Provided, no life diploma shall be in force after its holder
shall permit a space of three years to laspe without following some educational
pursuit; unless said diploma be endorsed by the state superintendent; Pro-
vided, Each holder of a certificate from the elementary course, or a
diploma from the higher course, shall, before he begins to teach, register the
same in the office of the county superintendent of the county in which he
shall teach, and for such registration he shall pay a fee of one dollar, which
shall go into the institute fund of county.
Sec. 368a. Training of rural teachers. There shall be estab-
lished in the state normal schools of Nebraska a course of study
for rural teachers. Said course shall contain thorough instruc-
tion in the common school subjects, rural sociology, manage-
ment and organization of rural schools, observation, considera-
tion of how to organize a rural school and make the school house
a social center, manual training, sanitary science, household
economy, agriculture and vocal music. The course shall cover
two years, and mature students may enter directly from the tenth
grade, and upon completion of said course may be granted county
certificates under the rules to be prescribed by the state superin-
tendent of public instruction.
7068 Sec. 369. Control of funds. All funds appropriated for the
use and benefit of the normal school, together with the income arising from
the lease and sale of the endowment lands belonging to said school, shall be
under the direction and control of said board of education, subject to the
provisions herein contained. The treasurer shall pay out of the proper funds
all drafts for moneys to be expended under the provisions of this article,
such orders or drafts to be drawn by the auditor on certificates by the secre-
tary, countersigned by the president of the board. No such certificates shall
be given except upon accounts audited and allowed by the board in open
meeting.
7069 Sec. 370. Endowment funds. All the lands remaining unsold of
the twenty sections heretofore appropriated as an endowment fund "for the
state normal school, and all the endowment fund hitherto derived from the
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sale of such lands, shall be, and the same is hereby, confirmed as such endow-
ment, to be forever used for this purpose.
7070 Sec. 371. Matriculation fees. Students, when entering any nor-
mal school for the first time, shall pay a matriculation fee of five dollars. The
moneys thus received shall be paid into the hands of the state treasurer, and-
shall be held as a library fund, and the board of education shall, from time
to time, appropriate the same for the purchase of books for the normal school
library.
7071 Sec. 372. Dormitory fund. All moneys received for the use of
rooms in the dormitory shall be expended by the board in repairs of such
dormitory and the furniture of the same, whenever such repairs are needed.
7072 Sec. 373. Purpose of schools. The exclusive purpose of normal
schools is the training and instruction of persons, both male and female, in the
arts of teaching and managing schools, and in the principles and practice of
the various branches of learning taught in our public schools.
7073 Sec. 374. Admission of pupils. The board shall make such
rules and regulations for the admission of pupils to the schools as may seem to
be best for the interest of the schools and not inconsistent with the purpose for
which they have been established. No pupil shall be admitted to said schools
who does not possess at least a two years' high school education, or its equiva-
lent, as outlined in the Nebraska high school manual issued jointly by the
University of Nebraska and the state superintendent of public instruction.
Provided, pupils of mature age, who have completed the course of study in
their home districts, or its equivalent, may be admitted to a preparatory
department under such rules and regulations as the board may prescribe.
Provided further, nothing in this act shall apply to the junior normals or to
Uie attendance at the summer term of the normals.
ARTICLE XXVI.
7084 Sec. 385. Colleges of university. The university may
embrace the following colleges:
First A graduate college;
Second a college of arts and sciences;
Third a college of agriculture;
Fourth a college of engineering;
Fifth a teacher's college;
Sixth a college of law;
Seventh a college of medicine;
Eighth a college of pharmacy.
COUNTY RURAL SCHOOL DISTRICTS.
Senate File No. 22.
Section 1. All the school districts organized under Article
III, Chapter 71, Revised Statutes of Nebraska for 1913, in any
county of the state of less than 7,000 population may in the
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manner hereinafter provided be discontinued and their territory
organized into one county rural school district to be known as the
county rural school district of County, Nebraska. When-
ever twenty-five per cent of the number of school electors in the
school districts organized under Article III, Chapter 71, Revised
Statutes of Nebraska for 1913 within any county, shall petition
the board of county commissioners or supervisors to call an
election to determine whether said districts shall be discontinued
and their territory organized into one county rural school district,
an election shall be called by said commissioners or supervisors
for that purpose. Provided, that any district including an in-
corporated village shall be excluded from the county rural high
school districts upon petition presented to the county board of
commissioners or supervisors, signed by a majority of the school
electors of such district.
Sec. 2. The board of county commissioners or supervisors
shall set a date for said election, said date except as otherwise
specified shall not be less than thirty (30) nor more than sixty (60)
days subsequent to the filing of the petition for calling said
election. The board shall also designate and provide convenient
polling places and the boundary lines of the precincts which each
polling place will serve, and set the time during which the polls
shall remain open, which polls shall remain open for at least
four (4) hours between the hours of eight A. M. and eight P. M.
The board shall cause the county clerk to notify the school
directors of each district affected, of said election, its purpose,
and the time and places for voting with the boundary lines of
each voting precinct. They shall also cause the county clerk to
publish said notice in the official paper of the county, and one or
two other papers if they deem it advisable.
The qualified school electors shall vote by ballot for or against
the establishment of the county rural school district.
The ballot shall be a separate ballot and substantially in the
following form:
"For the discontinuance of all school districts in
county organized under Article III, Chapter 71, Revised Statutes
of Nebraska for 1913, and the organization of their territory into
one county rural school district."
"Yes D"
"For the discontinuance of all school districts in
county organized under Article III, Chapter 71, Revised Statutes
of Nebraska for 1913, and the organization of their territory into
one county rural school district."
"No D"
The electors favoring the establishment of such county rural
school district shall mark the square after "yes," those opposed
to the establishment of such county rural school district in the
Square after "No."
Before an elector shall be entitled to vote at said election he
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or she if challenged shall be required to swear that he or she has
resided in the territory affected by said election for at least forty
(40) days previous to said election and that he or she is otherwise
a duly qualified school elector. Such special election shall be
conducted in all respects and the returns and canvass made as in
general elections, except as herein otherwise provided.
Sec. 3. If a majority of the votes cast on the proposition are
in favor of the organization of such county rural school district
the county board at the first meeting after the canvass of the vote
shall by an order duly entered upon their records declare the fact
of the discontinuance of all school districts in the county organ-
ized under Article III, Chapter 71, Revised Statutes of Nebraska
for 1913, and the organization of their territory into a county
rural school district to be known as the county rural school dis-
trict of county, in Nebraska, said discontinuance and
said organization to be effective at 12 o'clock noon of the first
Monday in July next after the adoption of this plan. At the same
meeting of the board of county commissioners or supervisors,
they shall also call a special election in the county rural school
district to be held on the second Monday in June, succeeding the
adoption of the plan, said election to be held for the purpose of
electing members of the county district board of education;
said election to be held according to the provisions of this act
designating the method of nominating and electing members of
the county board of education, provided that in connection with
said special election the county clerk and the county board of
supervisors or commissioners shall act in lieu of the secretary of
<he board of education or in lieu of the county board of education
respectively as specified in this act.
Sec. 4. Every school district established in accordance with
and under the provisions of this article shall be and is hereby
constituted a corporation, vested with all such corporate powers,
expressly given by general statutes to corporations, as may be
necessary to secure to the people the advantages of a general and
uniform system of public education; and all powers and privileges
now conferred by law on school districts, not contrary to the
provisions of this act, are hereby conferred on such county rural
school districts. School electors mentioned in this act shall have
such qualifications as are set forth in Article II, Section 34, Chap-
ter 71, Revised Statutes of Nebraska for 1913.
Sec. 5. School therein shall be free. In each district, subject
to the provisions of this chapter, the public schools shall be free
to all children between the ages of five and twenty-one years.
All public schools and school property therein shall be under the
direction and control of the board of education and the subdistrict
board.
Sec. 6. Board of Education. In all county rural school dis-
tricts there shall be a board of education consist ing of five members
elected at large from and by the qualified school electors therein,
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who shall be vested with the corporate powers of the district and
who shall represent the school corporation in all legal actions.
Provided that at the time of calling the first election for the
election of school board members, the county board of com-
missioners or supervisors shall divide the district into five wards
as nearly equal as possible, geographically, and the board of
education members, shall be residents of separate 'wards.
Sec. 7. Members of board how elected. There shall be
elected in each county rural school district on the second Monday
in June, succeeding the adoption of the plan, one board member
from school ward No. 1 for a term of two years, one board member
from school ward No. 2, for a term of two years, one board member
from school ward No. 3 for a term of four years, one board mem-
ber from school ward No. 4 for a term of four years, and one board
member from school 'ward No. 5 for a term of six years; and at
the expiration of their respective terms of office and regularly
thereafter on the second Monday in June their several successors
shall be elected for a term of six years each, and all officers so
elected shall hold their offices until their successors are elected
or appointed and qualified.
Sec. 8. Must qualify. Members of the board of education
shall qualify previous to and take their seats at the first regular
meeting which shall be the first Monday in July next after their
election, and shall serve until their successors are duly elected and
qualified.
Sec. 9. Oath of office. Each member of the board of educa-
tion upon assuming the office shall take and subscribe to an oath
or affirmation to support the constitution of the United States
and the State of Nebraska and faithfully to perform the duties
of his office. The oath shall be filed in the office of the county
clerk wh< shall immediately notify the state superintendent of
the names and addresses of all officers so elected and qualified.
Sec. 10. Organization. The boards of education at the
first regular meeting in July of each year, shall organize by the
election of a president and vice-president, whose terms of office
shall be for two years, and until their successors are elected and
qualified. All property of every description belonging to any
school district within the new county rural school district at the
same time shall assume and be held liable for all unpaid bonded
and unbonded indebtedness of the several districts whose terri-
tory has been organized into said county rural school district.
Sec. 11. Regular meetings. The regular meeting of the
board of education shall be at least quarterly on the first Mon-
days of the months of July, October, January and April and of
such other months as they may by rule determine. Special meet-
ings subject to such limitations as may be imposed by a majority
vote of the qualified school electors at any regular annual school
meeting, may be held from time to time by giving at least five
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days 9 written notice to all members of the board and of the sub-
district boards. Three members shall constitute a quorum.
Sec. 12. Duties of officers. It shall be the duty of the presi-
dent of the board of education to preside at all meetings, appoint
all standing committees, to contersign all warrants drawn upon
the treasurer and to perform such other duties as may be pre--
scribed by the board. The vice-president shall perform all the
duties of the president in case of his absence or disability.
Sec. 13. Treasurer. The county treasurer shall be ex-officio
treasurer of the county school district. It shall be the duty of the
treasurer to take charge of the school district funds arising from
tax collections and from other sources, as provided by the statutes
of Nebraska, and to place the same in the proper account upon his
books and to pay out the same only upon warrants issued in ac-
cordance with the law. lie shall attend meetings of the board
when requested to do so, and shall at the beginning of each quar-
ter furnish a statement showing the collections of the previous
quarter, the amounts paid out and the balance in the various
funds in his charge or on deposit, together with other information
which may be reasonably required by the board with regard to
the school funds in his possession.
Sec. 14. Prohibition of school officers. No school officer
shall be employed to teach nor to draw public money as a regular
employee of the board during the period of his services as said
school officer.
Sec. 15. Vacancies. The board of education is hereby
required to fill any vacancy that may occur through non-residence
or any other cause, until the next election of members of the
board; provided, that any vacancy occurring previous to the annual
school election having an unexpired term, shall be filled for such
unexpired term at the first school election thereafter.
Sec. 16. General powers. The powers of the board of educa-
tion of county school districts shall be as follows:
(a) The establishment of a uniform and efficient system of
public schools, the maintenance and general management of
the same.
(b) The preparation of an annual budget of all expenses
required in said district during the fiscal year and the certifica-
tion of the same to the board of county commissioners or super-
visors, which thereupon levy a tax to defray the same on all tax-
able property within the county school district; provided that
the tax levied for general school purposes shall not exceed in any
one year twenty-five mills on the dollar of assessed valuation in
said school district, in addition to the tax levied for buildings and
equipment (exclusive of the bond tax) which shall not exceed in
any one year five (5) mills on the assessed valuation in said dis-
trict, the proceeds of such taxes and all other funds accruing to
the general fund of said county rural school district shall be ex-
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pended by the county school board for the general expenses of
maintaining schools within the district in such manner as in its
judgment will secure the best results, provided, no unusual ex-
penditures shall be made unless it shall first be approved by the
county superintendent.
(c) Said county school board may also purchase and hold
real estate for school purposes, or sell the same, locate, build and
maintain, in repair, necessary school buildings and insure the
same or establish an insurance fund in lieu thereof.
(d) Prescribe and change boundaries of local subdistricts
which shall determine attendance at particular schools, equip
buildings, rooms and grounds for efficient work; purchase all
necessary apparatus, supplies, stationery, texts, reference and
other works, and shall furnish the same free for the use of all
pupils and teachers in their schools.
Sec. 17. The qualified voters of every new subdistrict, when
assembled pursuant to legal notice, and all existing subdistricts
at their annual meetings, which shall be held on the second
Monday in June each year, shall elect by ballot from the qualified
voters of such district a moderator for three years, a director for
two years, and a trustee for one year; and at the expiration of
their respective terms of office, and regularly thereafter their
several successors shall be elected for the term of three years, each,
and all officers, so elected shall hold their offices until their
successors are elected or appointed, and qualified: Provided, that
when the county rural school district is organized the director
and moderator of the old district organized under subdivision 3
shall assume the office of director and moderator of the new
subdistricts, and the treasurer of the old district shall assume the
office of trustee of the new subdisteicts and such officers shall
hold these offices until the expiration of the terms for which they
were elected under the old system.
Sec. 18. The local subdistrict board shall be the board of
control for the subdistrict. They shall recommend and supervise
repairs and improvements of buildings and grounds; elect teach-
ers, be custodians of buildings and grounds and other property,
and in a general way represent the people of their district, with
the right to be heard at any session of the county board of educa-
tion. The subdivision director shall take the school census in the
subdistrict, report the children of school age not attending school,
report the teachers elected by district board, and make all other
necessary reports to the county board of education and send
copies of the same to the county superintendent. He shall post
notices of school election when so directed by the county board
and preside at all subdistrict meetings.
Sec. 19. Nominations for school offices. Candidates for the
county school board may be nominated by filing with the county
superintendent of education, not earlier than the fifteenth day
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of May and not later than the first day of June, certificates of
nomination for the office to be filled. Such certificates shall con-
tain the name of the candidate, his residence, business address
and the office for which he is named, and must be signed by
twenty or more qualified electors of the county rural school_dis-
trict.
Each elector signing a certificate of nomination, shall add to
his signature, his place of residence, his business and his post
office address, and shall declare that he is not joined in nominat-
ing any other person for the office to be filled. Such signatures
need not all be appended to one paper.
No certificate of nomination shall contain the name of more
than one candidate for any office to be filled, but each elector may
sign as many certificates as there are officers to be elected for a
particular term of office.
Sec. 20. No party designation. In order to separate politics
as far as possible from school affairs, no descriptive word, words
or symbol to designate the party or principles of any nominee,
shall appear on the certificate of nomination, or to be used or
printed on the ballot.
Sec. 21. Withdraw from nomination. Any person whose
name has been filed as a candidate, may cause his name to be
withdrawn from nomination by request in writing, signed by
himself and properly acknowledged and filed with the secretary
of the board at least ten days prior to the day of election; and no
name so withdrawn shall be printed on the ballots to be used.
A written acceptance of nomination must be filed by any person
named as a candidate at least ten days prior to date of election,
or such name shall be omitted from the printed ticket.
Sec. 22. Publication of nominees. The secretary shall cause
to be published in one or more county newspapers at least four
days before the day of election, all nominations, certified to him,
under the provisions of these rules.
Sec. 23. Ballot. The secretary shall provide proper ballots
similar in form to those authorized by law for municipal elec-
tions on which shall be printed the names of the candidates for
the respective offices. The secretary shall provide the voting
booths required by law in each polling place, and such supplies,
poll books, stationery, etc., as may be necessary and the rotation
ballots shall be as provided for by the Australian ballot system.
Sec. 24. Conduct of election. Polling places shall be pro-
vided at school houses in the district and two judges and one
clerk shall be appointed by the county school board and shall
receive $1.00 apiece for their services. They shall conduct said
election in accordance with the general election laws of the
state as applied to municipal elections except as provided in this
article.
Sec. 25. Returns of election.; The returns from said election
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shall be certified by the officers in each polling place and the
ballots properly sealed in the ballot boxes, together with the poll
books shall be placed forthwith in the custody of the secretary of
the county rural school board, who shall keep said boxes inviolate
for at least thirty days after the canvass of the returns. The
election officer chosen by the election board, who shall carry the
ballot boxes and poll books to the office of the secretary of the
county rural school board shall receive his actual expenses in-
curred by performing this duty.
Sec. 26. Canvass of returns. The result of said election shall
be canvassed and declared by the board of education at a meeting
held the last Tuesday in June and certificates of election shall
be issued by the secretary of the board to successful candidates.
Sec. 27. The county rural school board shall pay the free
high school tuition for any pupil residing within the district who
is over three and a half miles from a school maintained by the
county rural school district in which the grades for which said
pupil is eligible are maintained. Otherwise said free high school
tuition is to be paid in accordance with the provisions of Article
VIII, Chapter 71, Revised Statutes of Nebraska for 1913.
Sec. 28. The board of education for the county rural school
district may borow money upon bonds which they are hereby
authorized and empowered to issue, for the purpose of purchas-
ing sites and erecting suitable school buildings and furnishing
and equipping the same. Such bonds to bear interest at a rate
not exceeding six per centum per annum, payable annually or
semi-annually at such place as may be designated in said bonds;
which loan shall be paid and reimbursed in a period not exceeding
thirty years from the date of the bonds. Said bonds may be made
optional on any interest paying date.
Provided, that no bonds shall be issued until a petition
signed by at least one-third of the qualified voters as defined in
this act of the county rural school district shall be presented to
the board asking that the question of issuing such bonds be sub-
mitted in said district, which petition shall set forth the amount
to be voted, which amount shall not exceed ten per cent of the
assessed valuation of the taxable property of such county rural
school district at the last completed assessment, the time the
bonds are to run, rate of interest and purpose of issue. Upon the
filing of such petition the board of education shall call an election
in the district, notice of which election shall be given by at
least twenty days' publication of the same in at least one news-
paper published in the county and the posting of copies of the
same in at least three public places in each township or precinct.
The notices shall set forth the proposition in full and the time
and place for holding such election in each precinct or township.
The vote shall be by ballot and if the majority of all the ballots
cast at such election shall be in favor of the proposition the board
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shall be empowered to issue and negotiate the bonds. The clerks
and judges of the election shall be those appointed to act at
the regular school election. The returns of such election to be
made to the board of education and the board shall canvass and
declare the result of such election. Said bonds to be signed by t h*
president and secretary of the county rural school district and to
be attested by the seal of the county, and when issued the same
shall be sold in open market to the highest bidder for not less than
their par value.
Sec. 29. Whenever the county board of education shall, not
earlier than six months nor later than forty (40) days prior to
any regular annual school election, receive a petition signed by at
least thirty (30) per cent of the legal school electors of the district
residing within at least two-thirds of the townships included with-
in the county rural school district, asking that the county school
district of county be discontinued and that the county
be reorganized under the old district system as provided in
Article III, Chapter 71, Revised Statutes of Nebraska for 1913, the
county board of education shall and is hereby directed to submit
the question to the voters at the next succeeding biennial school
election. The board shall give proper notice as provided in this
act. The qualified electors shall vote by ballot for or against the
discontinuance of the county rural school district. The question
shall be printed at the bottom of the regular ballot and shall be
substantially in the following form:
"For the discontinuance of the county school district of
county, Nebraska, and the division thereof into districts
organized under Article III, Chapter 71, Revised Statutes of
Nebraska for 1913, according to the provisions of law.
"Yes "..D"
"For the discontinuance of the county school district of
county, Nebraska, and the division thereof into dis-
tricts organized under Article III, Chapter 71, Revised Statutes
of Nebraska for 1913, according to the provisions of law.
"No "...EH"
The electors favoring the discontinuance of such county
rural school districts shall mark in the square after "yes," those
opposed to the discontinuance of such county rural school dis-
tricts in the square after "No." Such votes shall be counted and
the returns and canvass made at the regular biennial school elec-
tions.
Sec. 30. If the majority of the electors voting at such election
cast their votes in favor of discontinuing the county rural school
district, the county rural school board of education shall by an
order duly entered upon its records so declare the fact, and shall
also designate the boundaries for all new districts to be organized
under Article III, Chapter 71, Revised Statutes of Nebraska for
1913, as a result of said discontinuance of the county rural school
122 THE NEBRASKA SCHOOL LAWS
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district and they shall call for an election of officers in each of
said new districts, said elections to be held in accordance with the
provisions of Article III, Chapter 71, Revised Statutes of Nebraska
for 1913. And said county school board shall wind up the business
affairs of the district on the first Monday of July succeeding the
vote to discontinue the county rural school district, at which time
they shall convey title to all lands and buildings vested in said
county school district to the separate districts in which said lands
and buildings are situated, and shall distribute all funds, except
sinking funds collected for the payment of any bonds, and all
other property in their possession as follows: Three-fourths
of said property or funds among the various districts pro rata
in accordance with the last school census of said districts; and one
fourth equally among said districts. Any bonded indebtedness
shall be paid by the county treasurer from the funds created by
any tax levied for that purpose prior to the discontinuance of the
county rural school district, and from the proceeds of the tax
levy assessed evenly over all the districts formed from the dis-
continued county rural school districts, said tax to be levied by
the board of county commissioners or supervisors as said levy is
required to pay the bonds when they mature; any unbonded in-
debtedness shall be paid in the same manner.
THE NEBRASKA SCHOOL LAWS 123
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Chapter 8.
BONDS AND INDEBTEDNESS OF COUNTIES AND MUNICIPALITIES.
ARTICLE I.
GENERAL PROVISIONS.
369 Sec. 5. Interest coupons detached when. Whenever a bond of
any county, city, town, township, precinct, village, school district, or other
municipality, shall be presented to the auditor of public accounts for registra-
tion, the auditor shall examine the interest coupons thereto attached, and shall
detach as many of them as shall mature before the first taxes levied to meet
the same shall become due and collectible, and stamp said coupons "Detached
by the Auditor of Public Accounts," and send to the treasurer of the county
from which said coupons were issued.
ARTICLE III.
COMPROMISE OF INDEBTEDNESS.
400 Sec. 36. Compromise of indebtedness. That any county, pre-
cinct, township, or town, city, village, or school district is hereby authorized
and required to compromise its indebtedness in the manner hereinafter pro-
vided.
401 Sec. 37. How made. Whenever the county board of any
county, the city council of any city, the board of trustees of any village,
or the school board of any school district shall be satisfied by petitions or other-
wise that any such county, precinct, township, or town, city, village, or
school district is unable to pay in full its indebtedness, and two-thirds
of the resident freeholders of such county, precinct, township, or town, city,
village, or school district shall by petition ask that such county, precinct,
township, or town, city, village, or school district, compromise such indebted-
ness, they are hereby required to enter into negotiations with the owner or
owners, holder or holders of any such indebtedness of whatever form for scal-
ing, discounting, or compromising the same.
402 . Sec. 38. Bonds, how issued. Whenever satisfactory arrangements
are made with the owner or owners, holder or holders, or any of them, of such
ndebtedness, for the payment of the same, the county board, for and on behalf
of any such county, precinct, township or town, or the city council of any
124
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such city, or the board of trustees of any such village, or the school board of
any such school district, upon petition of two-thirds of the resident freehold-
ers of such county, precinct, township or town, village or school district shall
have the authority, and they are hereby required to issue the coupon bonds
of such county, precinct, township or town, city, village, or school district,
and after reg.stration to deliver the same to the owner or owners, holder or
holders of su x ch indebtedness, in satisfaction of the same, not exceeding the
amount of the original indebtedness.
403 Sec. 39. Rate of interest tax by board. Before issuing bonds
under the provisions of the three next preceding sections, the board issu-
ing the same shall by resolution entered upon its records recite the number
and denomination of the bonds to be issued, the rate of interest, and to
whom and when payable. Such bonds shall be payable in not more than
twenty years from the date of their issue, or at any time before maturi-
ty, at the option of the board issuing the same. They shall bear inter-
est at a rate not exceeding six per cent per annum, and not exceeding
the rate of the indebtedness compromised, with interest coupons attached,
payable annually or semi-annually, as provided in said bonds, and said
board shall levy a tax on all the taxable property in such county, precinct,
township or town, city, village, or school district in addition to other taxes,
to pay the interest and principal of said bonds as the same shall mature.
404 Sec. 40. Record of transaction. Every board issuing bonds
under the provisions of the four next preceding sections shall keep a complete
record of all the transactions connected therewith.
*Act held not to empower a school district to issue its bonds and deliver them to par-
ties in compromise, or to take the place, of an indebtedness evidenced by school district war-
rants. (45 Neb., 13.)
ARTICLE VIII.
SCHOOL DISTRICT BONDS.
SECTION
447. School district issue bonds, when.
448. Question to be submitted to vote.
449. Petition for submission.
450. Amount of bonds.
451. Amount of bonds limited.
452. Rate of interest.
453. Description of bonds.
454. Statements transmitted to state auditor
455. Registration by auditor.
456. Certificate of registry payment.
457. When auditor return unregistered.
458. Taxation for payment sinking fund.
459. School district defined.
SECTION
460. Excess of tax over payment due invest-
ment.
461 . Payment, where and how made.
462. County treasurer liable.
463. Cancellation of bonds fees of county
treasurer.
464. When school bonds may be refunded.
465. Recital of new bonds.
466. How issued and paid.
467. High school redemption bonds.
468. Conditions description.
469. Disposition and avails of bonds.
470. How issued and paid.
447 Sec. 83. School district issue bonds, when. The district officers
of any school district in Nebraska shall have power to issue the bonds of the
district, for the purpose of purchasing a site for, and erecting thereon, a school-
*Applies to section! 30-32, inclusive.
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house or schoolhouses, and furnishing the same, in such district, on the terms
and conditions set forth in the succeeding sections of this article.
448 Sec. 84. Question to be submitted to vote. No bonds shall be
issued until the question has been submitted to the qualified electors of the^lis^
trict, and two-thirds of all the qualified electors present and voting on the ques-
tion shall have declared by their votes in favor of issuing the same, at an elec-
tion called for the purpose, upon a notice given by the officers of the district
at least twenty days prior to such election.
\11 persons who are qualified to vote in a school district meeting are entitled to vote
upon the proposition to issue bonds of the district whenever such question is properly sub-
mitted.
Women entitled to vote at school elections may lawfully vote for or against school district
bonds. 86 Neb,, 135.
449 Sec. 85. Petition for submission. No vote shall be ordered
upon the issuance of such bonds, unless a petition shall be presented to the
district board, suggesting that a vote be taken for or against the issuing of
such amount of bonds as may therein be asked for, to purchase a site for, or
build a schoolhouse or houses, or for furnishing the necessary furniture and
apparatus for the same, or for all these purposes, which petition shall be
signed by at least one-third of the qualified voters of such district; Provided,
the board of education in any city of the metropolitan class may order
a vote upon the issuance of such bonds without a petition therefor
"One-third qualified voters," how ascertained. 41 Neb.. 593.
450 Sec. 86. Amount of bonds. That no such bonds shall be issued
in the aggregate amount to exceed five per cent (excepting in districts hav-
ing over one hundred (100) school children) of the last complete assessment
of the taxable property of the district, for state and county purposes, nor
shall any district issue bonds unless there are at least twelve (12) children
of school age residing within such district.
451 Sec. 87. Amount of bonds limited. The amount of bonds shall in
no case exceed five hundred ($500) dollars in those districts having less than
twenty-five (25) children and not less than twelve (12) of school age; and
the amount of bonds shall not exceed two thousand ($2,000) dollars when the
number of children of school age is twenty-five (25) or more and less than
fifty (50) ; and the amount of bonds shall not exceed five thousand ($5,000)
dollars when the number of children of school age in the district is fifty (50)
or more but less than one hundred (100) ; and in districts having one hundred
(100) or more children of school age, such amount as may be agreed upon,
not to exceed twelve per cent of the assessed valuation of the last completed
assessment.
452 Sec. 88. Rate of interest. The bonds issued under this article
shall draw such interest as shall be agreed upon, but not to exceed six per
cent per annum.
453 Sec. 89. Description of bonds. The bonds shall specify on
their face the date, amount, for what purpose issued, the time they run, and
the rate of interest; shall be printed on good paper, with coupons attached for
each year's or half year's interest, and the amount of each year's interest
shall be placed in corresponding coupons until such bonds shall become due,
in a manner, so as to have the last coupon fall due at the same time as the
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bond; said bonds and coupons thereto attached shall be severally signed by
the director, moderator, and treasurer of the district board.
454 Sec. 90. Statements transmitted to state auditor. It shall be the
duty of the proper officers of any school district in which any bonds may be
voted under the authority of any law of this state, before the issuance of such
bonds, to make a written statement of all proceedings relative to the vote upon
the issuance of such bonds, and the notice of the election, manner, and time of
giving notice, question of submission, results of a convass of the vote on the
proposition on account of which it is proposed to issue such bonds together
with a full statement of the assessed valuation, the number of children of
school age residing in the district, and total bonded indebtedness of the school
district voting such bonds. Such statement shall be certified to under oath
by the proper school board of the district, and be transmitted with the bonds
proposed to be issued, to the auditor of public accounts.
455 Sec. 91. Registration by auditor. The auditor shall examine
the statement and bonds so submitted to him, and if he be satisfied that such
bonds have been voted in conformity to law, and are in all respects in due
form, he shall record the statement and register the bonds in his office, and
no such bonds shall be issued or be valid unless they shall be so registered and
have endorsed thereon a certificate of said auditor and the secretary of state,
showing that such bonds are issued pursuant to law, the data filed in the
office of said auditor being the basis of such certificate.
456 Sec. 92. Certificate of registry payment. Upon the registration
of such bonds aforesaid, the auditor of public accounts shall certify the fact to
the county clerk of the county in which the district is situated, and also to
the proper officers of such school district, and whose duty it shall be to enter
the same upon the proper records of such school district and taxes for the
payment of such bonds and the interest thereof shall be levied in the mariner
provided by this article.
457 Sec. 93. When auditor return unregistered. If the auditor of
public accounts is not satisfied that such bonds have been issued according to
law, he shall return the same to the proper officer with a certificate to that
effect.
458 Sec. 94. Taxation for payment sinking fund. It shall be
the duty of the county board in each county to levy annually upon all
the taxable property in each school district in such county a tax sufficient to
pay the interest accruing upon any bonds issued by such school district, and
to provide a sinking fund for the final redemption of the same, such levy to
be made with the annual levy of the county, and the taxes collected with
other taxes, and when collected shall be, and remain in, the hands of the
county treasurer a specific fund for the payment of the interest upon such
bonds, and for the final payment of the same at maturity. It shall be the
duty of the county clerk to furnish a copy of his register to the county treas-
urer.
The county commissioners seem to be required to levy the necessary taxes for the pay-
ment of bonded indebtedness of a district without any action of the voters and officers of the
district. From Maxwell's Practice, 398. Cited 22 Neb., 700.
459 Sec. 95. School district defined. The phrase and expression
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"school district," as used in the preceding section is hereby declared to
mean, intend, and refer to the school district as it existed immediately prior
to and at the time of the issuance of any bonds by said school district, in-
cluding all lands and property and inhabitants comprised and contained in
said school district at the time of the issuance of" any bonds, and includmg~aH~
and any portions of said district subsequently separated from said district,
whether by the formation of a new district or by any change of boundaries of
said original district.
Cited 19 Neb., 485. 15 Id., 1.
460 Sec. 96. Excess of tax over payment due investment. Any money
remaining in the hands of any treasurer, after the payment of interest due
on any bonds which are a valid and legal obligation against the school district
to which such money belongs, and the retention of a sufficient amount to
pay the accruing interest upon such bonds for the current year, shall be
retained as a sinking fund for the final redemption of such bonds, and shall
be, by the treasurer, when so ordered by the school board, invested as follows,
to-wit: First, in redeeming bonds of the school district issuing the same;
second, in registered bonds of the county in which the district is situated;
third, in the bonds of the state of Nebraska; fourth, in the bonds of the United
States; Provided, That the bonds thus purchased shall in all cases be pur-
chased at the lowest market price, after twenty days' notice by publication
in at least one newspaper published and in general circulation at the capital
city of the state; the cost of which advertising, at legal rates, shall be paid
out of the sinking fund for the redemption of such bonds.
461 Sec. 97. Payment, where and how made. When the interest
and principal, or interest only, of such registered bonds are payable in New
York City, or elsewhere out of the state, payment shall be therein [then] made
at the place so designated in such bond or coupon, or at the commercial
[financial] agency of the state for such purposes, and in order that the funds
may not be misapplied, the treasurer shall procure a draft for the amount,
to be transmitted by drawing his check on some bank in this state, and both
check and draft shall be so endorsed as to show upon what bond or bonds
the funds shall be applied; or, at the request of the party holding or owning
said bonds, payment may be made at the office of said treasurer.
462 Sec, 98. County treasurer liable. The tax and funds so col-
lected shall be deemed pledged and appropriated to the payment of the
interest and principal of the registered bonds herein provided for, until
fully satisfied, and the treasurer shall be liable on his official bond for the
faithful disbursements of all moneys so collected or received by him. After
the principal and interest of such bonds shall have been fully paid, and all
obligations for which such fund and taxes were raised have been discharged,
the county clerk, upon the order of the county board, shall notify
the county treasurer to transfer all such funds remaining in his hands to the
credit of the district to which they belong.
463 Sec. 99. Cancellation of bonds fees of county treasurer.
When any registered bond shall mature, the same shall be paid off by the
treasurer, at the place where the same shall be payable, out of any money in
his hands or under his control for that purpose, and when so paid the same
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shall be endorsed by the treasurer on the face thereof, "Cancelled," together
with the date of such payment; and thereupon be filed with the clerk, who shall
enter satisfaction of such bonds upon the records of such school district. In
case such bonds are payable out -of the state, an allowance of one-fourth of one
per cent shall be made to the treasurer for the expense attendant in making
such payment to be deducted from any money in his hands remaining after
payment of such matured bonds.
464 Sec. 100. When school bonds may be refunded. Any school dis-
trict in the state of Nebraska which has heretofore voted, and issued bonds to
build, or to furnish a schoolhouse, or for any other purpose, and which bonds,
or any part thereof, still remain unpaid, and remain and are a legal liability
against such district , and bearing interest, is hereby authorized to issue cou-
pon bonds at a rate of interest not exceeding six per centum per annum, to be
substituted in place of, and exchanged for such bonds heretofore issued, when-
ever such school district can effect such substitution and exchange at a rate of
not to exceed dollar for dollar. Provided, That all bonds issued under the
provisions of this act must, on their face, contain a clause that the district
issuing such bonds shall have the right to redeem such bonds at the expiration
of five years from the date of the issuance thereof.
465 Sec. 101. Recitals in new bonds. The new bond so issued shall
have recited therein the object of its issue, the section of the law under
which the issue was made, stating the issue to be in pursuance thereof, and
shall also state the number, date, and amount of the bond or bonds for which
it is substituted, and such new bond shall not be delivered until the surrender
of the bond or bonds so designated.
466 Sec. 102. How issued and paid. The new bonds as issued
shall not require a vote of the people to authorize such issue, and they
shall be paid, and the levy made and tax collected for their payment in
accordance with laws now governing the said bonds heretofore issued.
467 Sec. 103. High school redemption bonds. Any school dis-
trict in any city of the first class in this state be and is hereby authorized
and empowered to issue its coupon bonds of such demoninations as the board
of education of such school district may deem best, and in an amount equal
to the amount outstanding and unpaid of bonds bearing interest at the rate
of ten per cent per annum, heretofore issued for the purpose of erecting a
high school building by such school district, or by any school organization or
board of regents which shall have been superseded by such school district.
468 Sec. 104. Conditions description. Any bonds issued under the
provisions of this act shall be for the payment, by the school district
issuing the same, of the sum specified therein, made payable in the city of
New York, in not more than twenty years nor less than five years from the
time they are issued, with interest at a rate not exceeding seven per cent per
annum, payable semi-annually; said bonds and coupons shall be required
[signedl by the president of the board of education and countersigned by its
secretary; Provided, That such bonds may be made redeemable at any time
after five years, at the option of the board of education
469 Sec. 105. Disposition and avails of bonds. It shall be the duty
of the board of education of any school district issuing bonds under the
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provisions of the two next preceding sections to negotiate such bonds, but
for no less than the par value thereof, and all the proceeds arising from the
sale thereof shall be paid to the treasurer of the board of education, and shall be
applied solely to the redemption and purchase of the bonds heretofore issued
by such school district, or school organization superseded by it, for the pur^
pose of erecting a high school building, and bearing interest at the rate
of ten per cent per annum; Provided, none of the said bonds heretofore issued
shall be redeemed or purchased for more than the face value thereof.
470 Sec. 106. How issued and paid. The bonds issued under the
provisions of the three next preceding sections shall not require a vote of the
people to authorize their issue, and they shall be paid, and taxes shall be levied
and collected for their payment in the same manner as is now provided by law
for the. payment of bonds, heretofore issued by such school districts.
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Chapter 68.
ARTICLE XVII.
WARRANTS.
6642 Sec. 354. Warrants paid in order of presentation. All warrants
upon the state treasurer, the treasurer of any county, city school district, or
other municipal corporation shall be paid in the order of their presentation
therefor.
If there is no money on hand with which to pay warrants when presented, the war-
T ants shall be registered in the order of their presentation, and as soon as there are funds in
the hands of the district treasurer it becomes his duty to notify the holder of the registered
warrants and to pay them in the order of their registration, regardless of when the tax was levied.
It has been held by the supreme court of Nebraska that the statute of limitations runs,
for or against school districts the same as for or against individuals. 22 Neb., 205.
Where school districts, having registered warrants outstanding, consolidate into one
district, said warrants should be paid in the order of their registration, as shown by the date
of the endorsement thereon, without regard to which of the original districts issued the war-
rants.
School districts have no powers except those conferred by statute or necessarily im-
plied therefrom. Their ability to pay debts is restricted by laws authorizing them to levy
taxes, within fixed limits only, and by the funds arising from such levies, from fines and from
other lawful sources. For the current expenses of running their schools they cannot incur
indebtedness greater in amount than their revenue from all sources, and where a contract for
such expenses provides for payment of a sum in excess thereof it is, to that extent, void. It
does not follow, however, that taxes must actually be paid into the treasury before they can
be made a basis for incurring debts. The supreme court has recently said: "Taxes levied
at the annual school meeting held just prior to the commencement of the school year consti-
tute a fund against which warrants may be drawn." Zimmerman vs. State, 83 N. W., 919.
6643 Sec. 355. Warrant register. The treasurer of this state, and
the treasurer of every county, city, school district, or other municipal cor-
poration, shall keep a warrant register, which register shall show, in columns
arranged for that purpose, the number, date, and amount of each warrant
presented and registered, as hereinafter provided, the particular fund upon
which the same is drawn, the date of presentation, the name and address of
the person in whose name the same is registered, the date of payment, the
amount of interest and the total amount paid thereon, with the date when
notice to the person in whose name such warrant is registered, is mailed as
hereinafter provided.
6644 Sec. 356. How warrants are to be registered. Whenever a
warrant is presented for payment to any such treasurer and there are not
sufficient moneys on hand to the credit of the proper fund to pay the same, it
shall be the duty of every such treasurer to enter such warrant in his warrant
register for payment in the order of its presentation, and upon every war-
rant so presented and registered he shall indorse, "registered for payment,"
with the date of registration, and shall sign such indorsement: Provided,
however, whenever the state treasurer is authorized by the board of educa-
tional lands and funds to invest the educational trust funds of the state in
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state warrants, he shall have the right and it is made his duty to pay the
owner or holder of any state warrant legally drawn upon its presentation and
surrender the amount thereof from the moneys under his control belonging
to such trust funds, unless there be sufficient money on hand belonging to
the fund upon which such warrant is drawn out of which to pay the same.
When any such warrant or warrants are taken up by the treasurer as afore-
said, he shall register the same and they shall be taken and considered in all
respects as warrants purchased by the treasurer with and for the use and
benefit of the trust fund, and the same shall draw interest at the rate now
provided by law for registered state warrants until such time as there shall
be sufficient moneys in the treasury to the credit of the fund against which
the warrant or warrants are drawn to pay the same. If the treasurer is
unable to pay for any such warrants the full amount thereof when presented
to him, either from want of moneys to the credit of the funds against which
such warrants are drawn, or because not authorized by the board of educa-
tional lands and funds to invest such trust funds in state warrants, or beacuse
there are not sufficient moneys in such trust funds to pay the same, then the
owner or holder of the warrants shall be entitled to have same registered, and
not otherwise.
6645 Sec. 357. Duty of treasurer. It shall be the duty of every
such treasurer to put aside in a separate and sealed package, the money
for the payment of each registered warrant, in the order of its registration,
as soon as money sufficient for the payment of such warrant is received
to the credit of the particular fund upon which the same is drawn. Such
package shall be endorsed with the number and description of such warrant,
and the name and address of the person in whose name the same is regis-
tered, and interest upon such warrant shall thereupon cease, and such treas-
urer shall by mail immediately notify the person in whose name the same is
registered, and shall endorse the date of the mailing of such notice upon
such sealed package.
6648 Sec. 360. Receipts by city treasurer. The treasurer of every
city or incorporated town, shall make duplicate receipts for all sums which
shall be paid into his office, which receipts shall show the source from which
such funds are derived, and shall by distinct lines and columns show the
amount received to the credit of each separate fund, and whether the same
was paid in cash, in warrants, or otherwise; one of which duplicates the treas-
urer shall deliver to the person making such payment, and the duplicate
thereof he shall retain in his office.
6649 Sec. 361. How treasurer to keep books. Every such treas-
urer shall daily, as moneys are received, foot the several columns of his
cash book, and of his register, and carry the amounts forward, and at
the close of each year, in case the amount of money received by such treasurer
is insufficient to pay the warrants registered, he shall close the account for
that year in such register,, and shall carry forward the excess.
6650 Sec. 362. Penalty for neglect of duty. Any such treasurer
who shall fail regularly to enter upon his cash book the amounts so re-
ceived and receipted for, or, who shall fail to keep his cash book footed
from day to day, as required by this article, for the space of three days, shall
forfeit for each offense the sum of one hundred dollars, to be recovered in a
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civil action on his official bond by any person holding a warrant drawn on
such treasurer, one-half to the person bringing such action, and one-half to
the school fund of the county in which such action is brought.
6651 Sec. 363. Inspection of books. The cash book, register, and
retained receipts of every such treasurer, shall at all times be open to the
inspection of any person in whose name any warrants are registered and
unpaid.
6652 Sec. 364. Failure to notify penalty. Any treasurer who
shall for the period of five days after moneys in amount sufficient to pay any
registered warrant in its order have been received, fail to mail notice thereof
to the person registering such warrant, shall forfeit to such person ten per
cent on the amount of such warrant, and ten per cent additional for every
thirty days thereafter during which such failure shall continue.
6653 Sec. 365. Failure to register or pay penalty. Any such
treasurer, who shall fail to register any warrant, in the order of its presenta-
tion therefor, or shall fail to pay the same in the order of its registration,
shall be liable on his official bond to each and every person, the payment of
whose warrant or warrants is thereby postponed, in the sum of five hundred
dollars, to be recovered in a civil action, one-half of which shall go to the
person bringing such action, and one-half to the school fund of the county in
which such action is brought.
6654 Sec. 366. Duplicate for lost warrant. Whenever it shall be
made to appear to the satisfaction of any officer, authorized by law to issue
warrants, that any warrant issued by him has been lost and destroyed, such
officer shall have authority to issue a duplicate thereof, numbered the same
as the original, with the word "duplicate" wiitten or printed in red ink
across the face thereof; Provided, That no such duplicate warrant shall be
issued until the party applying for the same shall make affidavit that he
was the owner of the original warrant, and shall also file with such officer an
indemnity bond with good and sufficient security conditioned to refund any
money by him or his assigns received on such duplicate in case of presenta-
tion and payment of the original by the treasurer upon whom the same is
drawn, whether upon a genuine endorsement thereon or otherwise.
ARTICLE XVIII.
INVESTMENT OF PUBLIC FUNDS.
6670 Sec. 382. Sinking funds investments in warrants. When any
warrant issued by the proper authorities of any county, township, city, town,
or school district shall have been presented for payment and the same is not
paid for want of funds, it shall be lawful for, and is hereby made the duty of
such treasurer upon and under the direction of the county board of such
county, to purchase and take up such registered warrants with sinking
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funds in his hands and to hold such warrants for the benefit of the fund so
invested, until the same is paid in its order as provided by law.
6671 Sec. 383. Same county board. The county board of any
county in this state is hereby authorized to provide for the purchase and tak-
ing up of registered warrants, as provided for in the next preceding Section,
out of the sinking funds in the hands of the county treasurer, whenever
in the judgment of such county board the same shall be safe and expedi-
ent. Before so investing any sinking funds the county board shall fix
and prescribe, and enter of record general directions and authority to such
county treasurer, as to the funds to be so invested, specifying the funds to
be so invested, the kind and amount of warrants to be so invested in, and in
so doing shall, as far as the same may be practicable, continue to invest the
sinking fund which shall last become due and payable; Provided, not
more than fifty per cent of the money so collected on any given sinking fund
shall be so invested in warrants at any given time, and provided further,
when practicable the warrants drawn by any given authority shall be pro-
vided for as above from the sinking funds belonging to the organization
issuing such warrant, and of such provisions the county board shall give the
treasurer notice.
6672 Sec. 384. Same cities. The city council of any incorporated
city of this state may make similar provision for the taking up of war-
rants out of the sinking funds in the hands of the city treasurer of such city,
provided, the warrants to be so purchased shall be limited to those of
its own issue, or to those of any school district situated mainly or wholly
within the boundaries of such city, and upon notice given of such direction,
it shall be the duty of such treasurer to so take up such warrants.
6673 Sec. 385. Same school districts. The school board of any
school district in this state is hereby authorized to direct the legal custodian
of any of its sinking funds, to invest such sinking funds in the warrants of
such school district, in like manner as hereinbefore provided for, provided,
that the investment of such school district sinking fund under this section
shall be limited to the warrants of its own issue, and upon such direction of
the school board, the custodian of such sinking funds shall preceed to take up
the warrants of such school district as herein provided for.
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Chapter 32,
INTEREST.
3355 Sec. 10. Interest on warrants and bonds. All warrants or
orders issued by the proper authorities of any county, city, township,
school district, or other municipal subdivision less than a county, ex-
cept school districts in metropolitan cities and cities of the first class, shall
draw interest from and after the date of presentation for payment at the
rate of seven per cent per annum. All warrants or orders hereinafter issued
by the proper authority of any school district within the corporate limits of a
metropolitan city or a city of the first class shall draw interest from and after
the date of presentation for payment at the rate of five per cent per annum.
All warrants hereinafter issued by the proper authorities of this state shall
draw interest at the rate of four per cent per annum from the date the same
are presented for payment. No bonds hereinafter issued by any county,
city, township, precinct or school district shall draw interest at a rate exceed-
ing six per cent per annum.
Miscellaneous.
EXCEPTIONS FROM OPERATION OF PRIMARY ELECTION.
Senate File No. 134.
2138 Sec. 200. This article shall not apply to special elections
to fill vacancies, nor to municipal elections in cities having less
than twenty-five thousand population, village, precinct, town-
ship and school district officers, members of the board of super-
visors in counties under township organization, having super-
visors from each ward and township, nor to members of school
boards nor members of boards of education:
701 1 Sec. 312. Board of education election. Provided, that
members of boards of education in metropolitan cities shall be
nominated as provided in section 2140 of Revised statutes 1913,
providing for nomination by petition. Emergency.
BUSINESS COLLEGES.
Senate File No. 124.
Section 1. It shall be unlawful for any proprietor, officer,
agent or representative of any business college, or the business
or commercial department of any school doing business within
the state of Nebraska, or without the state when operating or
soliciting within the state, to contract for or receive for tuition
or scholarship a negotiable note or negotiable contract, except
the said negotiable note or notes or negotiable contract shall
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have written or printed prominently and legibly and in bold
type across the face thereof and above the signatures thereto, the
words "NEGOTIABLE NOTE GIVEN FOR TUITION" if a note, or
the words "NEGOTIABLE CONTRACT NOTE GIVEN FOR
TUITION AND SCHOLARSHIP," if a contract, and unless a'eopy
of said instrument shall be delivered to the makers thereof at
the'time of signing the same. And it shall be unlawful for any
suchjproprietor, agent, or representative of any such school or
department to sell or dispose of any such negotiable note or
negotiable contract note received in payment for tuition or
scholarship prior to three days from the entrance and personal
registration of the student, for whom the same was purchased,
in the matriculation register at the place of the location of the
school or department.
Sec. 2. Any person who shall violate any of the provisions of
this act shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be punished for each and every offense by a
fine of not less than one hundred dollars ($100) and not more than
five hundred dollars ($500) or by imprisonment in the county jail
not to exceed sixty (60) days, or by both such fine and imprison-
ment.
Sec. 3. Any note or contract taken by any business college,
or the business or commercial department or any other school
or by their agents or representatives, for tuition or scholarships,
without first having complied with all the provisions of this act
shall be void.
DIXON AND ALT SURVEY.
House Roll No. 258.
Section 1. That the state of Nebraska hereby adopts the
Dixon and Alt survey of the school lands included in the survey
made in accordance with the special act of congress entitled
*'An Act providing for the re-survey of Grant and Hooker counties
in the State of Nebraska" approved August 9, 1894, as the true
and correct survey of the school lands belonging to the state of
Nebraska included in said survey, and hereby adopts the lines,
corners and monuments made under the above special act of
congress for Grant and Hooker counties, Nebraska, as the true,
correct and legal boundary lines of the school lands included in
said survey. Emergency.
RECOVERY UPON FORFEITED RECOGNIZANCE.
House Roll No. 410.
9016 Sec. 441. Whenever such recognizance shall have been
forfeited as aforesaid, it shall be the duty of the county attorney
of the county in which the recognizance was taken to prosecute
the same by civil action for the penalty thereof; and such action
shall be governed by the provisions of the code of civil procedure,
so far as the same may be applicable: Provided, that the attorneys
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for boards of education shall have the authority of special deputy
county, attorneys to prosecute such forfeited recognizances, and
it shall be the duty of the attorneys for such boards of education,
by and under the direction of such board, to prosecute such
forfeited recognizances to final termination and said board of
education is authorized to defray the necessary expenses incident
to the carrying out of this proviso.
FIEE ESCAPES OR TOBOGGANS.
House Roll No. 362.
3612A Sec. 62a. Every building now or hereafter used, in
whole or in part, as a public building, public or private institu-
tion, office or store building, theatre, public hall, place of assem-
blage or place of public resort, more than two stories high and
containing above the ground floor, offices, assembling hall, work
rooms or a room intended to be used as a place of amusement,
all or any of which rooms are designed for occupancy by fifteen or
more persons, shall be provided with one or more fire-proof stair-
ways, chutes or toboggans constructed on the outside thereof
placed in such position and as many in number as may be
designated by the commissioner of labor, or his deputy com-
missioner of labor. All school houses and buildings used for school
purposes of two stories or more in height shall be equipped
as provided in the preceding sentence of this act. Such fireproof
stairway, chutes or toboggans shall connect the cornice with the
top of the first story of such building by a wrought iron or steel
platform, properly surrounded with a wrought iron or steel rail-
ing; said platform to be constructed on a level with the floor of
each story so connected, and of sufficient length to permit access
to the same from not less than two windows of each story; said
platform shall be so constructed as to be of convenient access from
the interior of the building, commodious in size and form and of
sufficient strength to be safe for the purpose of ascent and descent:
Provided, however, all buildings more than two stories in height
used for manufacturing purposes, mercantile establishments,
schools, seminaries, hospitals, asylums or other institutions,
where twenty-five or more persons congregate at any one time,
there shall be placed one automatic metallic fire escape or device
for every twenty-five persons, for which working accommoda-
tions are provided above the second floor of said building
material, design and location of such escapes to be subject to the
approval of the deputy commissioner of labor: Provided, all
theatres, moving picture galleries and other places of amuse-
ment, school houses and buildings used for school purposes shall
have proper exits, opening outwardly, which shall be not less than
three feet wide by six feet six inches high. AH operating booths
for apparatus involving the use of a combustible film more than
ten inches in length shall be constructed of galvanized iron or
other metal; lined with asbestos and otherwise constructed
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according to regulations of the commissioner of labor. The
deputy commissioner of labor or any person deputized by him
shall have authority to inspect all such theaters, moving picture
galleries or other places of amusement and prescribe regulations
for the construction and operation of the same.
5818 Sec. 24. Children in poor house education. When child-
ren of school age and of sound mind shall be confined in any poor house of
this state it shall be the duty of the county board, to make arrangements with
the officers of the school district wherein such poor house is located, or with
some school district adjacent, to have the children so chargeable to the county
att3nd school at such time and place, and to have and receive such text-books
and instruction as shall be provided for other children attending in such
school district or districts.
5819 Sec. 25. Payment of expenses. It shall be the duty of the
county board upon the report of the officers of the school district wherein
arrangements have been made for the education of the children confined in
the poor house, to draw a warrant on the general fund of the county, payable
to the treasurer of such school district; Provided, however, the county
shall not be liable for more than its proportionate share of the expenses for
text-books, fuel, and teachers' wages.
STATE HOLIDAYS AND OTHER DAYS RECOMMENDED FOR
"FLAG DAY" OBSERVANCE.
The following days, viz:
1. The first day of January, known as New Year's Day;
2. The twenty-second day of February, known as Washington's birth-
day;
3. The twenty-second day of April, known as "Arbor Day";
4. The thirtieth day of May, known as Decoration or Memorial Day;
5. The fourth day of July, known as Independence Day;
6. The first Monday in September, known as Labor Day;
7. The twelfth day of October, known as "Columbus Day";
8. The twenty-fifth day of December, known as- Christmas Day;
9. Any day appointed and recommended by the governor of this state
or the president of the United States as a day of fast or thanksgiving; and
10. Any day which may hereafter be made a legal holiday, shall for
the purposes of this act, be holidays; but if said days herein be the first day
of the week known as Sunday the next succeeding secular or business day shall
be a holiday.
11. The state superintendent of public instruction also recommends
the following days as "Flag Days" : February 12, Lincoln's birthday; March 1,
Nebraska's. admission to the Union as a State; April 15, Death of Lincoln
(half mast) ; April 19, Inauguration of the first president of the United States;
October 19, Surrender of Cornwallis; and December 20, the landing of the
Pilgrims.
As far as practicable we trust the above named days will be observed in
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the respective schools of the state by appropriate exercises and instruction
of the character especially suitable for the respective occasions.
See the decisions following Section 74, article 4, with reference to closing schools on
holidays
CHILD LABOR LAW.
AN ACT to regulate the employment and use of child labor, to provide
for the enforcement of its provisions, and a penalty for its violation.
(Sections 26 to 37 omitted.)
3575 Sec. 25. Child under fourteen not to work. No child under
fourteen years of age shall be employed, permitted or suffered to work
in, or in connection with, any theatre, concert hall, or place of amusement, or
any place where intoxicating liquors are sold, or in any merchantile insti-
tution, store, office, hotel, laundry, manufacturing establishment, bowling
alley, passenger or freight elevator, factory or workshop, or as a messenger
or driver therefor, within this state. It shall be unlawful for any person,
firm or corporation to employ any child under fourteen years of age in any
business or service whatever during the hours when the public schools of
the town, township, village or city in which the child resides are in session.
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Criminal Code Chapter 9.
ARTICLE III.
TOBACCO AND CIGARETTES.
SECTION
8846. Minors smoking tobacco.
8847. Sale of tobacco to minors under 18.
SECTION
8848. Cigarette material prohibited.
8846 Sec. 271. Minors smoking tobacco Whoever, being a minor
under the age of eighteen years, shall smoke cigarettes, cigars or use tobacco
in any form whatever, in this state, shall be fined in any sum not exceeeding
ten dollars; Provided, any minor so charged with the violation of this section
may be free from prosecution when he shall have furnished evidence for
the conviction of the person or persons selling or giving him the cigarettes,
cigars, or tobacco.
8847 Sec. 272. Sale of tobacco to minors under eighteen. Whoever
shall sell, give or furnish, in any way any tobacco in any form whatever, or
any cigarettes or cigarette paper, to any minor under eighteen years of age,
shall be fined, for each offense, not less than twenty dollars nor more than
fifty dollars or be imprisoned for not less than ten nor more than thirty days.
8848 Sec 273. Cigarette material prohibited. Whoever shall manu-
facture, sell, give away or willingly allow to be taken, within this state, any
cigarettes or material for their composition, known as cigarette paper,
shall be fined for each offense not less than fifty nor more than one hundred
dollars, and any officer, director or manager having in charge or control,
either separately or jointly with others, the business of any corporation which
violates the provisions of this section, if he have knowledge of the -same,
shall be subject to the penalty herein provided.
140 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP ft BARTLETT CO., OMAHA.
REGULATIONS FOR THE QUARANTINE, CARE AND DISINFECTION
OF CONTAGIOUS DISEASES.
(Excerpts From Rules Adopted by the Nebraska State Board of Health.)
Contagious diseases. It shall be the duty of every physician residing or
practising within the limits of any city, town or township who suspects an
illness to be Asiatic cholera, yellow fever, smallpox (or varioloid), diphtheria
(membranous croup), scarlet fever (scarlet rash or scarlatina), measles,
typhus fever, ophthalmia neonatorum, typhoid fever, cerebro spinal menin-
gitis, leprosy, whooping cough, chichenpox, tuberculosis, puerperal fever, or
any other disease contagious or dangerous to public health, to immediately
isolate the patient, and within twenty-four hours after he ascertains the
illness to be of such disease named herein, he shall notify, by the most expe-
dient method, the local board of health, of all the facts known to him, such
notice to be followed by the filing of a notice in writing with the local board
of health, giving the name of the patient, location, disease, source or cause.
In all cases where no physician is in attendance, it shall be the duty of any
person, having charge of, or being the head of any family, or having the care
or custody of any lodging-rooms, to give notice in like manner as is required
of physicians.
Every school teacher or school officer who discovers, suspects, or has
knowledge of a case of any of the diseases named herein shall immediately
report the same to the local board of health; providing, in all the above where
such local board of health is not organized, then such report shall be made to
the state board of health in the manner hereinbefore prescribed.
Duty of local board of health. It shall be the duty of the local board of
health, upon receipt of a notice of the existence of a case of any of the dis-
eases named in Rule 1, to forthwith quarantine the premises, by giving per-
sonal or written notice of such quarantine to the occupants thereof and con-
spicuously placing a Danger Card thereon; and take such further measures
as may be necessary and proper for the restriction snd suppression of the
disease; proper provision shall also be made for the care of the sick.
No quarantine shall be established where the disease is measles, whoop-
ing cough or chickenpox, but the premises shall be placarded with a danger
card, and in cases of tuberculosis, typhoid fever, ophthalmia neonatorum, or
puerperal fever the premises shall be neither quarantined nor placarded.
The board shall notify the schools to receive no pupil from such placarded
houses without a written permit from them, and when deemed necessary to
obtain control and prevent further spread of an epidemic of contagious
disease, as when several families in one neighborhood are afflicted and many
exposures are known to have occurred, they shall prohibit all public assemblies
such as lodges, clubs, churches, and schools, both public and private for a
reasonable length of time or until such danger is passed. The board shall
further establish a hospital for the segregation and care of contagious dis-
eases when in their opinion the safety of the public demands it; or in cases of
great emergency the board shall seize and use as such temporary hospital,
any isolated building suitable for such occupancy, and adjust, or cause to
be adjusted, reasonable damages with the owner thereof later; and it shall ba
THE NEBRASKA SCHOOL LAWS 141
COMPILED BY KLOPP 8t BARTLETT CO., OMAHA.
the further duty of the local board of health to disinfect, or cause to be disin
fected, the premises whereon all such contagious diseases have occurred
together with all infected furniture, bedding, clothing and other articles
according to the rules of the state board of health of the state of Nebraska,
governing such disinfection.
It shall also be the duty of the local board of health to investigate the
causes, conditions and surroundings that may have caused such disease and
during the prevalence of any such disease they shall make adequate report to
the state board of health from time to time as to conditions, number of cases,
and nature of such disease or diseases, and they shall call at any time for advice
and assistance from the state board of health.
During the existence of any quarantinable disease, in any family or
household, or place, in any city, town, or township, and until after the re-
covery of the sick and the disinfection of the premises where such disease
shall have existed, no person residing in such household, family or place, shall
be permitted to enter or leave the premises without a permit in writing from
the local board of health showing a thorough disinfection of the person, cloth-
ing and premises.
School teachers who are boarding in a family in which such disease
exists, must at once change their place of board and lodging and disinfect
their person and clothing. Where the disease is chickenpox, measles or
whooping cough the children shall be excluded from the public schools and
other gatherings until recovery has taken place and the premises disinfected.
If any person shall wilfully or maliciously remove or peface or cause to
be removed or defaced any danger card upon any quarantined premises, or
shall in any manner interfere with or break an established quarantine by en-
tering or leaving such quarantined premises, or remove any article, clothing, or
any other material, liable to be infected, without a permit from the local
board of health, and proper disinfection, shall be subject to prosecution and
fine as provided by the statutes of the state of Nebraska in such cases made
and provided.
Disinfection of schools. The state board of health makes it a rule and
regulation that all school directors, trustees, principals and presidents of
schools and colleges outside of cities in this state, for the protection of the
health of all pupils and students, and of the entire community as well, pay
prompt and regular attention to the disinfection of buildings used for educa-
tional purposes immediately after the discovery of any communicable disease
within said building.
Each room should be disinfected separately. The room should be pre-
pared by closing up all openings, such as windows, ventilators, registers,
stove pipe holes and chimney places and hermetically sealing all cracks and
crevices, as those around windows and doors and all keyholes. In short the
room should be made as air tight as possible. All desks, drawers and closets
should be opened wide and all articles exposed. Books must be stood up on
end and widely opened. Rugs, mats and articles of clothing, if any, must be
hund up on cords.
The disinfecting may be accomplished by spraying with Liquor Formal-
dehyde, U. S. P. or Formalin.
Formaldehyde gas, however, is probably the best known aerial disin-
142 THE NEBRASKA SCHOOL LAWS
COMPILED BY KLOPP ft BARTLETT CO.. OMAHA.
fectant, and one of the most effective and economical methods of generating
it is as follows:
Ten ounces, by weight, of commercial potassium permanganate is re-
quired for each pint and a half of the solution, full strength. This is sufficient
to disinfect 1,000 cubic feet of air space. In using formaldehyde gas for room
disinfection it should be remembered that the room should always be both
warm and moist. The latter may be accomplished by sprinkling the floors
well or by suspending wet sheets about the room.
The following is the method:
The crystals of permanganate of potassium are to be placed in a tin,
agate or iron pail, the capacity of which is more than eight times the quantity
of disinfectant to be used. This is necessary in order to prevent overflow
from effervescence.
Place the pail containing the crystals at the center of the room in a
large pan with two blocks or bricks placed under the pail, as considerable
heat will be developed. The- room having been properly sealed with strips
of rubber adhesive plaster or of gummed paper, quickly pour the solution of
formaldehyde out of a wide mouthed vessel upon the crystals and leave the
room with all possible speed. Then carefully seal up the door of exit on the
outside; including the keyholes and crevises about the lock and door knob,
and allow the room to remain closed at least six hours. Then open all doors
and windows, to admit both fresh air and sunlight, and allow free ventilation
to continue for six hours.
At the same time privy vaults should be disinfected by throwing into
them milk of lime made by adding one part of freshly slaked lime to four
times its volume of water. This should be used as soon as made. For each
pupil in attendance a half gallon of this mixture should be allowed. This
preparation should not, however, be introduced into water closets, as it may
obstruct the pipes. For this purpose a 5 per cent solution of carbolic acid or a 3
per cent solution of liquor formaldehyde U.S.P. or formalin may be used. Care-
ful attention should be given to the scrubbing and disinfection of coat closets.
Clothes closets, desks, etc., except those made of metal, should be
washed with a cloth wrung out of a posionous solution made by one-quarter
of an ounce (120 grains) of corrosive sublimate bichloride of mercury in one
gallon of hot water (1-500 |).
Metal fixtures may be treated in a similar manner, using a solution made
by adding four (4) ounces of pure carbolic acid to a gallon of hot water (1-30 | )
The balustrade of stairways and all knobs of doors should be wiped off
daily with a cloth moistened with the formaldehyde or carbolic solution.
In case of smallpox, vaccination and re-vaccination of the entire school
should be performed at once. Only vaccine virus known to be active should
be used in such an emergency.
During the disinfection of school buildings the books should be strung on
cords or stood on end with the leaves widely separated in a cloak room or closet
where they will be subject to the vapor of concentrated formaldehyde gas.
During the prevalence of communicable diseases pupils should not be
permitted to take school books to their homes.
Books known to have been taken to infected houses should be destroyed
by burning.
INDEX
Accounts Page
City districts, audited by secretary 107
County superintendent, file sworn statement 84
Director, audited by moderator and treasurer 47
Agriculture and domestic science in high schools 71-73
Aid to Weak Districts 39
Annual Meetings 31
Appeal
From appraisal of schoolhouse site 90
Appointments
County superintendent by county board 87
District officers, by county superintendent 41
To fill vacancies 42, 55
Apportionment of state school funds
Basis of 98
Constitutional provisions for 17
County superintendent, apportionment by 100
County superintendent, record of 99
District treasurer, certificate of 98
Forfeiture 18
Fractional districts, amount received by 99
Length of term required in order to share . . 37
New districts, when share 99
State auditor, warrant drawn by 98
State superintendent, certificate of 100
State treasurer, exhibit of school funds 97
Appraisal
Site for schoolhouse condemned 89
Arbitration
Division of district property 29
Attendance
At nearer school 100, 101
Compulsory 94
Auditor Public Accounts
Draw warrant for the state apportionment '. . . 100
May examine records of state superintendent 88
Register district bonds 126
Certificate of registration 126
Detach coupons from bonds 123
Require statement of funds from county treasurer 99
Bible Reading in Public Schools 18
Blanks
County superintendent to receive and distribute 86
State superintendent to prescribe and publish 88
Board, District see also officers, district
Appoint to fill vacancies 42, 55
Care of school house and property 51, 54
Classification of apholars 51
Constituted, how 50
Contract with teachers 46, 47
143
144 INDEX
Board, District Continued.
Course of study 51, 57, 62, 69, 70
Director, clerk 45
Grade scholars 51, 57
High school district, trustees 57
Issue district bonds 124
Statement of proceedings 125
Meetings, how called, notice 50
Non-resident pupils admitted by 52
Oath filed with county superintendent 39
Purchase, lease or sale of district property 53
Quorum 50
Report school census 49
Report taxes voted 35, 50
Rules and regulations 51
Suspend or expel pupils 52
Tuition determined by 52
Vacancies, how filled 55
Board of Education
City school districts 104
State normal schools Ill
Board of educational lands and funds 17
Board of health, rules of 140-142
Bonds, district
Amount 125
City districts
Board must provide for the interest 110
Election 105
Purchase and redemption of bonds 110
Sinking fund 110
Compromise indebtedness
Negotiations 123
Petition 124
Record .124
County treasurer liable for taxes collected 127
Coupons detached by auditor 123
High school redemption bonds
Condition, description, issuance, payment 128, 129
History of proceedings .-. 126
New bonds, description 128
Petition for submission 125
Purpose of issue 124
Rate of interest 125
Record of proceedings 124
Refunding bonds 128
Registration ...... 126
Certificate of registry 126
Non-registry 126
School district defined 126
Taxation for payment 126
County treasurer liable for receipts
Excess, how used 127
Bonds, official
District treasurer 43
Secretary of board, city district 106
Treasurer of city district 106
Bonds, publishers'
Books, text
Contract with publishers for 91
Form of 92
Violation of, penalty 93
INDEX 145
Books, Text Continued.
Ownership and use 93
Library 55
Loaned to pupils 93
Local dealer may handle 93
Payment for 92
Price lists . . : : 92
Property of district 93
Pupils may borrow or purchase 93
Trusts, school book 92
Boundaries See districts.
Building Fund
Expended under direction of district 35
Special tax for, voted at annual meeting 35
Maximum amount . . " 36
Petition of one-fourth legal voters 35
Proceedings 36
Business Calendar 11
Calendar, business . . . 11
Census, district
City districts 49, 107
Failure to take, liability 49
Oath of person taking 47
Taken by^whom, when 47, 107
Certificate, teachers' see teacher
Challenge and oath ' 33
Charities and corrections 93
Child labor 138
Cigarettes 139
Cities, schools in 103-110
Classification of scholars 51, 57
Colleges, Universities
Authorized to grant teachers' certificates 81
Commissioner of public lands and buildings
Give deed for site on school land 91
Commissioners, county see county board
Common schools
Instruction free 18
Compulsory education 94
Condemnation of site for schoolhouse 89
Consolidation of school districts 22-26
Constitution of state on education 17, 18
Contagious diseases 140
Contracts
Necessary to be in writing 46, 47
Officers cannot have pecuniary interest in 55
Officer as teacher 42
Officer with district prohibited 55, 108
Publisher, text-book 92
Teachers' . .46, 47
Conveyance, district property 38
Corporal punishment 53
Costs, appraisal of site 90
146 INDEX
County boards
Appoint county superintendent, when 87
Appropriation for institute fund 83
Assess taxes on division of district property 27
Levy of taxes voted at annual meeting 35
Salary of county superintendent, determined by 85
County Clerk
Change in district boundaries 22
Levy taxes 50
Notice of election of county superintendent 85
Transfer taxes 101
County high schools 65
County Superintendent
Accounts, statement of 84
Appoint appraisers of site 89
Appoint district officers 41, 55
Appointment to fill vacancy 87
Apportionment of state school funds
Certificate of 99
Record of 100
Bond 30
Certify districts entitled to state aid 39
Change district boundaries on petition 22, 23
Compensation awarded by county court 30
Conduct institute 83
Districts created and boundaries changed 21-25
Action discretionary 22
Action obligatory 22
Notice to taxable inhabitant 26
Petitions filed 23
Property, divisions 26
Record 26
Report 28
Duty to attend institute 83
Election 84
Examination of teachers 77
Furnish records and supplies 86
Lectures . . 86
Mandamus, application for 42
Notices
Arbitration, division district property 26, 28
To director when report is due 87
Transfer of pupils to adjoining district 100-102
Oaths administered by 87
Petitions filed 36
Prepare examination questions 77
Reports
Change in district boundaries 28
Dismembered districts 29
To county treasurer on high school tax 63
To state superintendent 87
To superintendent blind and deaf institute 87
Salary determined by county board 85
Site of schoolhouse determined by 34
Statement of account 84, 87
Term of office 84
Transfer of pupils to adjoining district 100, 102
Vacancy in office, how filled 87
Visit schools . . .86
INDEX 147
County treasurer
Adjust tax list 28
Change in district boundaries 27
Collect and pay over district taxes 50
No fee allowed on state apportionment 99
Course of study
High school district 52
Primary district 51
Deeds
District property
Moderator sign and acknowledge 38
Record 38
Site on school land 89
Deputy state superintendent, duties and salary 89
Diplomas
Normal 82
Nebraska state normal schools Ill
Directors see officers, district
Disinfection see quarantine
Districts
Annual meeting 31
Body corporate 21
Change in boundaries '. 22
County rural school districts 113-122
Debts 30
Defined 21
Dismembered 29
Extent of 23
Formation and division boundaries
Arbitration 29
Attachment to adjoining district 23
Changes on account of streams 23
Consolidation of districts 24
County divided into districts 21
Discontinuance of district 23
Discretion of county superintendent 22
New district, when formed 23
Notices 26
Two districts made from one 23
Unsatisfactory division 29
High school organization 58
Indebtedness, compromise bonds 123
Joint districts 29
State apportionment to 98
Organization 21, 41, 56
Property division 26
Represented in litigation by treasurer 45
Unbonded indebtedness 28
District board see board, district-
District officers see officers, district
Elections
County superintendent 84
Notice of by county clerk 85
District officers 40, 56
To vote district bonds 125
Embezzlement of district funds 99
Examination of teachers see teachers
Expenditures, estimates of .48, 57
European Languages 100
148 INDEX
Fees
Examinations, teachers' : 78
Matriculation, state normal school 113
Registration, certificate, diploma Ill
Fines 18, 99
Fire Day 74
Free high school tuition
High school denned 62
Money, how paid 63
Neglect of annual meeting to vote tax
Action of district board 64
Neglect or refusal of district board to deliver estimate
Action of county superintendent 65
No levy when 65
Rate of, exemption 53
Requirements for securing
Application of parent 63
Board report to county superintendent and clerk 64
Estimate of county superintendent , 65
Tax, levy, provision for 65
Rules for admission 62
Free text books see books
Funds, investment of public 132, 133
Funds, district
Appropriation 54
Building . 54
Disbursements 42; 48
Free high school, how paid . . 63
Library 55
Misuse of, embezzlement 99
Payment to unqualified teacher prohibited 46, 54
School funds 97
Teachers' funds 28
Teachers'
Division of on creation of district 28
Transfer money 36
Turned over by treasurer to successor 44
Funds, institute 84
Funds, normal school 84
Governor many examine records of state superintendent 88
High schools
Agriculture and domestic science in 71-73
High School, county : ..... .65-69
Where compulsory 66
Bonds for 68
High school districts . . 56, 67
High school education, free 62, 68
High school normal training see normal training
High school redemption bonds 128
High school, rural * 58-61
High school, rushing and violation ; . . . .103
Holidays, legal in Nebraska . .47, 137
Indebtedness, district
Bonded, remains a charge on original district 27
Compromise bonds 123
Unbonded, considered in division of property ...,,... ; , 28
INDEX 149
Institutes, teachers'
County 83
Failure to attend, penalty 84
Funds
Disbursements 84
Fees, examination 84
Statement of county superintendent 84
School closed during 84
Time of holding 83
Instruction in neighboring districts 102
Instruction free in common schools 18
Interest
District bonds 124, 134
District orders or warrants 134
Joint districts
Apportionment to 98
Formation of 29
Reports 30
Junior normal schools 113
Libraries, school 55
Library commission 93
Licenses 18
Life certificates 75
Mandamus 42
Matriculation fees, state normal schools 113
Meetings, district
Annual meeting, time, place 31
Determine amount of expenditures 35
Determine length of school term 37
Director, clerk of 45
Election of officers 40
Minutes read, corrected and approved 49
Site for schoolhouse designated, changed 34
Taxes voted
Building fund 35
Maximum 35
Disturbance, arrest 43
High school districts 56
Lease of house or site, authorize r . . 34
Moderator presides 42
Notice of 32
President pro tern 43
Purchase house or site, authorize 34
Sale of district property, authorize 38
Special meetings
Call of 31
Notice, contents 32
Transfer of funds ... 36
Voters
Challenge 33
Oath 33
Penalty for perjury 33
Qualifications 32, 33
Rejection of vote 33
Moderator see officers
150 INDEX
Money 54
Division of 28
Teachers' fund 28
Month, school 81
Narcotics and stimulants 83
Non-resident pupils 52, 63
Normal institutes 88
Normal schools, state 110-113
Normal training in high schools 69
Amount of state aid 70
Inspection, expenses of 70
Payment, how made 70
Secretary of board, report of 71
State superintendent, certificate of 71
Warrant drawn by auditor 71
Warrant, remitted by treasurer 71
Purpose 69
Requirements governing approval 69
Schools, designated by state superintendent 69
Notices
Director, of district meetings 49
County superintendent to director 101
County superintendent to county clerk 101
County superintendent to districts 28
County superintendent to taxable inhabitant 26
Parent to county superintendent 63, 101
Oath, official-
Board members in city districts 105
Director, oath not required 41
Oaths
As to the destruction of schoolhouse or epidemic 38
County superintendent may administer . 87
Moderator may administer 43
Parent or guardian to census enumerator 96
Person taking census 49
Report of director 49
State aid to school districts, county superintendent 38
Voter at district meeting 33
Officers, district-
Acceptance of office 42
Appointment by board 55
Appointment by county superintendent 41, 55
Contract with district prohibited 55
De facto acts binding 46
Director
Acceptance of office 41
Account of expenses, audited 49
Appear for district, when 45
Approval of teachers' reports 80
Cannot delegate authority 46
Census taken by 47, 48
Clerk of board 45
Contract with teacher 46
Demand, with moderator, for new treasurer bond 45
Draw orders and warrants 49
Estimate of expenditures 48
Make complaint, non-attendance of pupils 95
Notice of district meetings 49
Notice of school . . 46
INDEX 151
Officers, district Director Continued.
Preserve books and papers 45
Record proceedings 26, 45
Repairs 48
Report to county superintendent 49
Statement of assessed valuation 50
Statement of orders drawn 44
Election at annual meeting 40, 56
Election at special meeting 55
Moderator
Acceptance of office 41
Administer oath to director and treasurer : . . . . 43
Approve bond of treasurer 43
Contract with teacher 46
Demand, with director, new treasurer bond 45
Orders, countersign 44, 49
Refusal, mandamus 42
Preside at district meetings 42
Record of orders and warrants '. 49
Remove or arrest disorderly person 43
Payment for services 48
Teacher, be employed when 49
Term of office 40, 55
Treasurer
Acceptance of office 41
Appear for district in suits 45
Bond-
Approved by director and moderator 43
City districts 109
Failure of sureties 45
File with director 43
Liability of principal, sureties 45
New bond 45
Contract with teacher 46
Election to fill vacancy 42
Hold over, when 43
Misuse of funds, embezzlement 99
Payment of orders 44
Receipt of moneys from county treasurer 44
Record of receipts and expenditures 44
Register unpaid warrants 130
Failure to register, penalty 132
Report to annual meeting 44
Turn over to successor records and funds 45
Warrants, notify holders of 130
Failure to notify, penalty 132
Vacancies, how filled . . '. 45, 55
Orders, district
Countersigned by moderator 43, 44, 49
Drawn by director ' 43, 44, 49
Endorsement Ill
Interest payable, when 134
Record kept by moderator 49
Registration 130
Statement of 49
Outhouses 55
Pauper children, education of 137
Penalties-
District treasurer, for misuse of school funds 99
District treasurer, failure to register or pay warrants 132
False statement to census enumerator 96
Illegal voting 32
Sell or give away cigarettes or cigarette paper 139
152 INDEX
Petitions
To vote tax for special building fund 35
To create district or change boundaries 22, 23
To allow officer to act as teacher 42
To issue compromise bonds 123
Physiology and hygiene
Provisions for teaching . 83
Teachers pass examination in 83
Price lists, text-books 92
Professional certificates see teacher
Property, district
Care and custody of 54
Division of on formation of district 26
Distribution of income 18
Granted for educational purposes 17
Lease of purchase of 53
Sale of r . 27, 53
Taxable, statement of 51
Public library commission 93
Pupils
Age 18, 47, 52
Attendance at nearer school . . . 100, 101
Census 45, 96
Compulsory attendance of 94
Control of Expulsion or suspension 52
Grading 51, 57
Instruction in neighboring district 102
Non-resident tuition 52
Normal schools, admission to 110
Purchase books of board 93
Transportation 102
Quarantine s 140
Quorum
Board of education, city districts 104
District board 50
Records
Director 26, 45
Moderator 49
Secretary in city districts 106
Reform school 19
Refunding bonds see bonds
Repairs 48
Reports
County superintendent 28, 87
Director 49
Joint districts 29
State superintendent . 88
Teacher : 80
Rules and regulations
City districts 106
District board 51
High school board 59
Normal schools Ill
Rural high schools 58-61
Scholars see pupils
School district see districts
School funds 17, 18, 97-100
Schoolhouse
Care and custody of 54
Lease, purchase, sale 27, 34, 53
Use for other than school purposes 54
INDEX 153
Schoolhouse Continued.
Site-
Condemnation, appraisal damages 89
Designated and changed 34
School lands, deed by land commissioner 91
Title to 54
Vote tax to create special fund 35
School laws, printing and distribution 88
School month 81
School year, beginning of 31
Scientific temperance instruction 83
Secret fraternities 103
Sectarian instruction prohibited . m 18
Site see schoolhouse site
Special meetings 31
State aid to weak school districts
Appropriation for .^ 39
Amount due districts, how determined . 39
Certificate of county superintendent 39
Certificate of state superintendent 39
Requirements necessary to secure
Accounts audited and approved 38
District must levy maximum school tax 38
Limitations as to area of districts 39
Warrant drawn by auditor 39
State board of charities and corrections 93
State normal schools 110-113
State superintendent
Apportionment of school funds " 88
Decide disputed points in school law 88
Deputy, duties, salary 89
Examination, teachers' 83
Member normal school board Ill
Normal diplomas endorsement 80
Office open to inspection 87
Price list of books, print and distribute 92
Report to governor 88
Rules and instructions 87
School laws, print and distribute 88
Visit schools 88
State treasurer
Exhibit of school funds 97
Member of board educational lands and funds 17
Member of normal school board Ill
Suits at law
District meeting direct 38
Treasurer appear for district 45
Supplies Paid out of county general funds 48
Taxes
Bonds, district payment of 127
City districts , 109
District 30
Estimate of - 48, 57
Free high school 63
Levy 35, 36, 64
Lists, adjusted by county treasurer 28
Maximum levy for school purposes 35
Paid to district treasurer on order 51
Transfer by county clerk 101
Voted at annual meeting
Building fund 35
Free high school tuition 62
Maximum levy 35
154 INDEX
Teachers
Certificates 74-79
City districts 75, 108
College and normal graduates 82
County
Branches required 67
Emergency 77
Examinations, how conducted 77
Fees 78
How issued 77
Renewal, revocation 78
Where valid 79
Necessary to contracjb 46, 108
Normal school Ill
Revocation 78
Professional state
Branches required 75
Lapse 75
Without examination 75
Training rural teachers 112
University graduate 76
Qualifications 46, 80
Unqualified not paid district money 46, 54
Report to director monthly, approval 80
Term, school
Length determined by district meeting 37
Necessary to entitle district to apportionment 37
Text-books see books
Transfer of funds ' 36
Transfer of pupils for school privileges 101
Transportation of pupils 102
Trusts, text-book 91
Tuition
Free high school, exemption 62
Non-resident pupils 52
Pauper children 137
University : . 18
Vacancies in office
Board, district 42
Board of education, city districts 105, 107
Board of education state normal schools 107
County superintendent 87
Valuation of taxable property, statement 50
Voters-
Challenge, oath 33
Penalty 2
Penalty for perjury 2
Qualifications s 32
Rejection of vote 33
Warrants * 130-132
Duplicate for lost 132
On county treasurer
Countersigned by moderator .43, 49
Drawn by director -. 44, 49
Record by moderator 49
On district treasurer
Countersigned by moderator 43, 49
Drawn by director 43, 49
Endorsement 130
Interest 134
Payment 130
YC 06574
381699
UNIVERSITY OF CALIFORNIA LIBRARY