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 11 12 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP 8 BARTLETT CO.. OMAHA. (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 THE NEBRASKA SCHOOL LAWS 15 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. 17 18 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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. 21 22 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO. OMAHA. 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 COMPILED BY KLOPP a BARTLETT CO. OMAHA 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 , COMPILED BY KLOPP & BARTLETT CO. OMAHA. 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 COMPILED BY KLOPP BARTLETT CO., OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 49 COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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. 50 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 51 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 52 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 53 COMPILED BY KLOPP a BARTLETT CO.. OMAHA. 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. 54 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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, THE NEBRASKA SCHOOL LAWS 55 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP a BARTLETT CO., OMAHA. 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 THE NEBRASKA SCHOOL LAWS 57 COMPILED BY KLOPP & BARTLETT CO.. OMAHA 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 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP a BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 59 COMPILED BY KLOPP & BARTLETT CO., OMAHA 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 00 THE NEBRASKA SCHOOL LAWS 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 THE NEBRASKA SCHOOL LAWS 61 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 62 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 63 COMPILED BY KLOPP A BARTLETT CO.. OMAHA. 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- 64 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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- THE NEBRASKA SCHOOL LAWS 67 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 68 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP a BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 69 COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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. 70 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 71 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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- 72 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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^ 74 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 75 COMPILED'BY KLOPP*&"BARTLETT co, OMAHA. 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, 76 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 77 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 78 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP a BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 79 COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 THE NEBRASKA COMPILED BY KL*OPP 8 BARTLETT CO., 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- 82 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 83 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 84 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTL ETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 85 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 86 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP A BARTLETT CO., OMAHA. 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. THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 88 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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. THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 90 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO., OMAHA. 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, THE NEBRASKA SCHOOL LAWS 91 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 92 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 93 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 94 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 95 COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO., OMAHA 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. THE NEBRASKA SCHOOL LAWS 99 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP d BARTLETT CO., OMAHA. 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 THE NEBRASKA gCttOt)L LAWS 101 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 104 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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. 106 THE NM UK ASK A SCHOOL LAWS COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 107 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 108 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 109 COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 110 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 THE NEBRASKA SCHOOL LAWS 111 COMPILED BY KLOPP & BARTLETT CO., OMAHA. 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 112 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP BARTLETT CO.. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 113 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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 114 THE NEBRASKA SCHOOL LAWS COMPILED BY KLOPP & BARTLETT CO. OMAHA. 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 THE NEBRASKA SCHOOL LAWS 115 COMPILED BY KLOPP ft BARTLETT CO.. OMAHA. 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