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LIBRARY 
 
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 UNIVERSITY OF CALIFORNIA. 
 
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 ^Accession 85452 Cla&s 
 
PU5LIC SCHOOL 
 
 LAWS OF 
 
 TENNESSEE 
 
 TOGETHER WITH LEADING DECISIONS OF THE 
 SUPREME COURT, EXPLANATORY NOTES, AND 
 AMENDMENTS MADE BY GENERAL ASSEMBLIES 
 UP TO THE YEAR 1899. ** J J* & <* 
 
 This Book is the property of the State. It is made by law the 
 
 official duty of any officer or teacher who may receive 
 
 It, to preserve it as public property, and turn 
 
 it over to his successor in office 
 
 \\ t-?***^ 
 
 OF \ 
 
 UNT / 
 
 jr 
 
 MORGAN C FITZPATRICK 
 
 STATE SUPERINTENDENT PUBLIC INSTRUCTION 
 
 NASHVILLE, TENNESSEE 
 
 J899 
 
Public School Laws 
 
 OF 
 
 ADDENDA. 
 
 . 2, page 21, and Note 1, page 22, should he 
 because they do not state the law correctly. 
 
 COURT, 
 
 ENTS 
 
 MORGAN C. FITZPA TRICK 
 
 STATE SUPERINTENDENT PUBLIC INSTRUCTION 
 
 NASHVILLE, TENNESSEE 
 
 1899 
 
Public School Laws 
 
 OF 
 
 FENNESSEE 
 
 TOGETHER WITH 
 
 LEADING DECISIONS OF THE SUPREME COURT 
 
 EXPLANATORY NOTES, AND AMENDMENTS 
 
 MADE -BY GENERAL ASSEMBLIES UP 
 
 TO THE YEAR 1899 
 
 MORGAN C. FITZPA TRICK 
 
 STA TE SUPERINTENDENT PUBLIC INSTRUCTION 
 
 NASHVILLE, TENNESSEE 
 
 1899 
 
f 
 
 OP THE 
 
 UNiVEHSJTY 
 
 The Public School Laws of Tennessee, 
 
 TOGETHER WITH 
 
 LEADING DECISIONS OP THE SUPREME COURT, AND EXPLANATORY NOTES. 
 
 [ALL PARTS OF LAWS PRINTED IN ITALICS HAVE BEEN 
 ADDED BY AMENDMENT.] 
 
 SECTION 1. There shall be established and maintained g 87 s 3 t ' ei ^ hap - 25> 
 in this State a uniform system of public schools. 
 
 NOTE. Public schools, county resources. The public schools of a 
 county may be classed among her " resources/' within the meaning 
 of a statute and the resolution of a County Court, for an exhibit of the 
 county resources at a State exposition. 12 Pickle, 659, 666, 667. 
 
 SEC. 2. (1) The public school system shall be admin- ISTS. chap. 25. 
 istered by the following authorities, to wit: A State Super- 
 intendent, County Superintendents, and District Directors. 
 
 (2) The public schools already established in any of the gg 7 c 3 - 52 Chap - 25 - 
 
 counties of this State shall continue to be managed and school's estab- 
 lished previous 
 conducted as now prescribed by law until the school to ISTS. 
 
 officers hereby created shall have been duly elected or 
 appointed and qualified; and the provisions of this act 
 shall not apply to them until a County Superintendent of 
 Public Schools shall have been appointed. 
 
 STATE SUPERINTENDENT. 
 
 SEC. 3. The State Superintendent shall be a person of ISTS. chap. 25. 
 
 J Qualifications 
 
 literary and scientific attainments, and of skill and experi- of state super- 
 ence in the art of teaching, and who shall be nominated by 
 the Governor and confirmed by the Senate. 
 
 NOTE. Amended as above, 1879, Chap. 129, Sec. 5. 
 
 SEC. 4. (1) He shall hold his office for two years, unless ISTS. chap. 25. 
 
 , Term of office 
 
 removed as hereinafter provided, and shall have an annual and compensa- 
 salary of $2,000, to be paid out of the school money in 
 the State Treasury; and during the term of office he shall 
 devote his entire time and attention to the duties imposed 
 by this act. 
 
 NOTE. Amended, 1879, Chap. 44, to $1,995. The appropriation of 
 $2,000 per annum was made from 1885 to 1895. From 1895 to 1899 it 
 was $1,995 per annum. In 1899 it was restored to $2,000 per annum. 
 
 (3) 
 
 85452 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 1891. Chap. 25. 
 Member of 
 State Board. 
 
 Ex officio. 
 
 1873. iChap. 25. 
 How removed. 
 
 1873. Chap. 25. 
 Office at Capi- 
 tol. 
 
 1873. Chap. 25. 
 Statistics, etc. 
 Inspection. 
 
 See that laws 
 are executed. 
 
 Distribute 
 forms. 
 
 Distribute 
 school laws. 
 
 Appoint exam- 
 iners. 
 
 (2) The State Superintendent of Public Instruction of 
 Tennessee shall be, ex officio, a member of the State Board 
 of Education. 
 
 (3) He shall also be a member, ex officio, of all other 
 State educational bodies or associations. 
 
 (By Chap. 343, page 788, Acts 1899, the State Superintendent is 
 made Secretary and Treasurer of the State Board of Education, and 
 Treasurer of the Peabody Normal College fund). 
 
 SEC. 5. He shall be liable to removal from office by the 
 Governor for misconduct or neglect of duty ; any vacancy 
 to be supplied by a new appointment for the unexpired 
 term ; provided, That, in the event of any such removal, 
 the reason for the same shall be communicated, in 
 writing, to the Superintendent thus displaced, and also 
 to the Senate, if in session, and, if not, within ten days 
 after it may next meet. 
 
 SEC. 6. The office of the State Superintendent shall be 
 at the capital of the State, and a room in the State Capitol 
 may be provided for that purpose. 
 
 DUTIES OF STATE SUPERINTENDENT. 
 
 SEC. 7. The duties of the Superintendent shall be as 
 follows: 
 
 (1) To collect and disseminate statistical and other 
 information relating to the public schools. 
 
 (2) To make tours of inspection among the public 
 schools throughout the State. 
 
 (3) To see that the school laws and regulations are 
 faithfully executed. 
 
 (4) To prepare and distribute blank forms for all re- 
 turns required by law, or deemed by him necessary to be 
 made by teachers, school officers, and County Superintend- 
 ents of Public Schools, for the use of the several counties. 
 
 (5) To have printed and distributed to the County 
 Superintendents and other school officers as many copies 
 of the school laws as may be necessary, with appropriate 
 forms and instructions for carrying said laws into execu- 
 tion. 
 
 (6) To appoint, at his discretion, persons in each county 
 to visit and examine all or any of the public schools 
 therein, and report to him touching all such matters as he 
 may indicate respecting their condition and- management, 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 and the means of improving them; but no compensation 
 shall be made for such services. 
 
 (7) To require of County Superintendents detailed 
 reports annually, and as much oftener as he may deem 
 proper; and he may require special reports at any time 
 of any officer connected with the school system. 
 
 (8) To appoint some one to make the reports required Appoint per- 
 to be made by the County Superintendent when such reports. m * 
 Superintendent shall fail to make full report at the time 
 designated, and to allow such appointee what he may 
 
 deem just for his services, which shall be paid by the 
 delinquent County Superintendent; and upon his refusal 
 to do so, the State Superintendent shall stop, in the hands 
 of the County Trustee, that amount of his salary, or bring 
 suit, in his official name, against him in a court of compe- 
 tent jurisdiction, to enforce the payment. 
 
 (9) To prescibe the mode of examining and licensing 
 school-teachers, and their necessary qualifications. 
 
 (10) To preserve in his office and conveniently arrange Preserve docu- 
 all documents and matters in relation to educational sub- 
 jects that may come into it. 
 
 (11) To report to the Comptroller of the State, on the 5c p o rt uia las 
 first day of December in each year, the scholastic popula- tion. 
 
 tion of each county. 
 
 (12) To annually submit to the Governor, on or before Annual report. 
 the fifteenth day of September [1897, Chap. , Sec. 4, 
 
 Senate Bill No. 58], a detailed report of his official pro- 
 ceedings for the year ending the thirtieth day of June 
 preceding, exhibiting a plain statistical account of receipts 
 and expenditures for public schools, and of their condition 
 and progress, showing the number of children, male and 
 female, white and colored, respectively, in the State and 
 in each county, between the ages of six and eighteen 
 years, the total number of pupils enrolled, the average 
 number belonging, and the per cent of attendance during 
 the year, the average paid to teachers, male and female, 
 the amount of each branch of school expenditures, sever- 
 ally, the cost of education per scholar, and whatever else 
 may tend to show the degree of success and usefulness of 
 the system; Provided, however, That under the provisions 
 of this act all persons between the ages of eighteen and 
 
6 THE PUBLIC SCHOOL LAWS OF TKNNKSSKE. 
 
 twenty-one, inclusive, shall have the benefit of this act 
 for the term of three years from and after the first organ- 
 ization of public schools under this act, in the school 
 district in which such persons may live. (This section 
 has been amended so that the school age is from six to 
 twenty-one years inclusive.) 
 
 NOTE 1. By the act of 1873 the scholastic year ended August 
 31. It was made to end June 30 of each year by act of 1881. Chap. 
 103, Sec. 1. 
 
 NOTE 2. The words in above section following the words "Pro- 
 vided, however " were never directly amended, but their effect was 
 extended by the act of 1879, Chap. 6. (See note to Sec. 30.) 
 
 i89i. chap. 132, (13) It shall be the duty of the State Superintendent 
 to have printed and distributed to the school officers of 
 the State, and to the County Courts of the several coun- 
 
 Distribute ties appropriate forms and instructions for carrying into 
 effect the provisions of this act (Sees. 31 and 32). 
 
 NOTE. The words "this act" apply to Sections 31 and 32, these 
 two sections being part of the act of 1891, Chapter 132. 
 
 COUNTY SUPERINTENDENTS. 
 
 1873. chap. 25. SEC. 8. (1) There shall be a County Superintendent for 
 each county, who shall be elected by the County Court at 
 its April or July term, 1873, and after 1874 he shall be 
 elected biennially in January, and no member of the County 
 
 Qualifications. Court shall be eligible to said office. He shall be a person 
 of literary and scientific attainments, and, when practi- 
 cable, of skill and experience in the art of teaching shall 
 hold his office for two years, and shall receive such pay 
 for his services as may be allowed him by the County 
 Court, to be paid upon the order of the Chairman or 
 Judge of the County Court by the County Trustee. He 
 
 Removal. shall be subject to removal from office for misbehavior or 
 inefficiency at any time by the County Court; Provided, 
 That the causes for such removal shall be communicated 
 to him in writing. 
 
 This section is amended so as to read: Said County 
 Superintendent shall be a person of literary and scientific 
 attainments, and of skill in the theory and practice of 
 
 Examinations, teaching Provided, That preceding each biennal election, 
 or any election to fill a vacancy for County Superintendent 
 of Schools, each applicant shall file with the Chairman of 
 the County Court a certificate of qualification, given by 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 the State Board of Education; Provided, That on the first 
 Monday in October preceding each biennial election for 
 County Superintendent of Schools, and at any other date 
 or dates fixed by the State Board of Education, each appli- 
 cant for said office shall undergo a public examination at 
 the county site of the county in which he or she is an ap- 
 plicant by and before a commission of three residents of 
 the county, said commission to be previously appointed 
 by the Chairman of the County Court, and to be citizens 
 who, by education and experience, are most eminently 
 qualified to hold said examination, the same to be held 
 under such rules and regulations as may be prescribed by 
 the State Board of Education ; Provided, That, if qualified 
 as attested by said examination, said applicant shall re- 
 ceive a certificate of qualification by the State Board of 
 Education. 1895, Chap. 54.) 
 
 Provided further, That those who have been previously 
 examined or may hereafter be examined under the regula- 
 tions of the State Board of Education, and having at-, 
 tained 90 per cent in general average, and not falling below 
 70 per cent in any study, shall be exempt from said exami- 
 nation so long as they continue in the public school worJc. 
 
 NOTE. The decision of County Court fixing salary is final, whether 
 made before or after the services have been rendered. 6 Lea, 501. 
 
 RULES. To carry into effect Chapter 54 of the Acts of 1895, defin- 
 ing the qualifications of County Superintendents, the following rules 
 and regulations are prescribed by the State Board of Education, acting 
 under authority given by said act. 
 
 1. The examination shall be written, and shall begin on the first 
 Monday in October preceding each biennial election for County 
 Superintendent of Schools, and may continue two days. 
 
 2. The examination, in addition to papers on all the branches in 
 which instruction is now given in the public schools, shall embrace 
 questions on Theory and Practice of Teaching and School Law. 
 
 3. The questions for examination will be prepared by the State 
 Board of Education, and sent by said Board to the various commissions 
 appointed by the Chairmen of the County Courts, as provided in the 
 act. The questions will be mailed under seal, and must not be 
 opened until the day of examination, and then in the presence of the 
 commission and applicants. 
 
 4. The papers submitted by the applicants shall be carefully graded 
 by the commission, and the papers, with the grades marked thereon, 
 shall be forwarded, within five days from the date of the examination, 
 to the State Superintendent of Public Instruction for final grading by 
 the State Board of Education. 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 1889. Chap. 107. 
 Women eligi- 
 ble. 
 
 5. Under the provisions of the act, the State Board has no authority 
 to exempt from examination applicants for certificates of qualification 
 for the position of County Superintendent. 
 
 NOTE. Examinations will be held according to the above rules 
 until other regulations are made by the State Board of Education. 
 
 (2) In the election of Comity Superintendent of Educa- 
 tion, ivomen of the age of twenty-one years, and otherwise 
 possessing the necessary qualifications, shall be eligible for 
 said position. 
 
 1873. Chap. 25. 
 
 Supervision. 
 
 To visit the 
 schools. 
 
 Text books. 
 
 Directors' 
 reports. 
 
 To examine 
 and issue cer- 
 tificates. 
 
 To report to 
 Trustee. 
 
 To observe"! 
 directions of 
 State Superin- 
 tendent. When 
 to report. 
 
 DUTIES OF COUNTY SUPERINTENDENTS. 
 
 SEC. 9. That the duties of the County Superintendent 
 shall be as follows: 
 
 (1) To have supervision of the public schools in the 
 county. 
 
 (2) To visit the schools of the several districts from 
 time to time, and confer with the teachers and District 
 Directors as to the improvement of schools or the promo- 
 tion of their interest in any way ; to keep himself informed 
 as to the merits of text-books, and to suggest to the 
 District Directors , such changes as may from time to time 
 be advisable, with a view to securing uniformity in the 
 course of study throughout the county, when it can be 
 done without increased expense to the parent. 
 
 (8) To see that the District Directors make their reports 
 on all matters required of them; and when they fail to 
 make full reports, or to make them in time, the County 
 Superintendent may appoint some other person to perform 
 these duties. 
 
 (4) To perform such duties in relation to the exami- 
 nation of teachers, and issuing to them certificates of 
 qualification, as may be required of him by the State 
 Superintendent. 
 
 (5) To report to the County Trustee, as soon as ascer- 
 tained, the scholastic population of each school district on 
 the last day of June. 
 
 (6) To observe such directions and regulations as the 
 State Superintendent of Schools may from time to time 
 prescribe; to make special reports to that officer whenever 
 required j and, on or before the first day of August [1897, 
 Chap. , Sec. 3; Senate Bill No. 58], annually to make to 
 him a report for the year ending the thirtieth day of June 
 
THK PUBLIC SCHOOL LAWS OF TENNESSEE. 9 
 
 preceding, in such form and containing all such particulars 
 as shall be prescribed and called for, a copy of said report 
 to be furnished to the County Court of his county at its 
 quarterly session on the first Monday in January. 
 
 NOTE. The words in italics in Subsection 6 were changed to 
 conform to the amendment of 1881, Chapter 103, Section 1, by which 
 the scholastic year was made to end June 30, instead of August 31. 
 
 (7) To keep a record of all his official acts in a book to TO keep record 
 
 of official acts. 
 
 be provided for that purpose, and to keep a record of the 
 numbers and boundaries, of the school districts of his 
 county, and the changes that may be made therein from 
 time to time. 
 
 (8) In all cases where the District Directors of the ^ammts ^ e 
 public schools issue warrants upon the County Trustee for 
 
 school apparatus, maps, charts, globes, school furniture, 
 and all other expenditures of the public school funds, 
 except for teachers' salaries, the warrants drawn by said 
 Directors shall be countersigned by the County Superin- 
 tendent before the same shall be paid by the County 
 Trustee, and all warrants issued ~by said Directors for 
 any claim shall be written and signed in ink. (1897, Chap. 
 , Sec. 1; House Bill No. 126.) 
 
 NOTE. The words above in italics were added by Act 1899. 
 
 (9) It shall be the duty of the County Superintendent supermten- 
 to keep a well-bound book, in which he shall enter a recordbc- e ok. 
 memorandum of all warrants countersigned, as provided 
 
 in the last subsection, showing the amount and date of 
 each warrant, to whom issued, for what purpose, and 
 from which district, and said County Superintendent shall 
 include in his annual report to the County Court a full, 
 clear, and succinct statement of all warrants so counter- 
 signed by him. (Id., Sec. 2.) 
 
 SEC. 9a. (1) County Superintendents of Public Instruc- county super- 
 tion are prohibited from teaching any public school, either to teach, nor to 
 
 contract as to 
 
 as principal or assistant, during their official terms, nor school proper- 
 take [for "nor take" should have been used "and from school warrant 
 taking"] any contract for building or repairing public over3o?ooo? 
 school property, nor become [for " nor become " should 
 have been used "and from becoming"] the owner of 
 school warrant other than allowed him for his services as 
 County Superintendent j Provided, That this act shall only 
 
10 THE: PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 apply to counties of 30,000 inhabitants and over. (1805, 
 Chap. 155, Sec. 1.) 
 Teaching. (2) It shall be a misdemeanor in office for any County 
 
 Misdemeanor _, 
 
 in office, and Superintendent to teach any public school, as principal or 
 assistant, during his office [official] term. In addition to 
 the punishment prescribed by statute for misdemeanors 
 in office, such Superintendents shall be fined not less than 
 twenty-five dollars nor more than fifty dollars for each 
 offense committed, and all fines arising from such causes 
 shall be paid into the public school fund of the county 
 where such offense is committed. (Id., Sec. 2.) 
 
 NOTE For farther duties of County Superintendent, see Sees. 44a, 
 44&, 44c, 44e, 44/ ; 44#. 
 
 DISTRICT SCHOOL DIRECTORS. 
 
 StSSfof 247 ' SEC> 10 * W There shal1 ^ e elected at the August elec- 
 directors. tion, in the year 1890, two School Directors, and at the 
 
 regular August election every two years thereafter there 
 shall be elected three School Directors for each school 
 district. 
 
 (2) There shall be no election of School Directors in the 
 years 1889, 1891, or other odd years, but the terms of 
 Directors expiring under the present law in 1889 shall be 
 extended until 1892, both until the election of their suc- 
 cessors, as provided in SECTION 1 OF THIS ACT. 
 
 NOTE 1. The words in small capitals apply to Section 10, Subsec- 
 tion 1. 
 
 NOTE 2. Section 10, as above given, is the act of 1889, Chap. 
 247. Sections 10 and 12 of Chap. 25, 1873, repealed so far as in con- 
 flict, are as follows : 
 
 "There shall be three Directors for each school district one to be 
 elected for one year, one for two years, and one for three years and, 
 after the expiration of their first term of office, their successors shall 
 be elected for three years. 
 
 "The Directors shall be elected annually, on the first Thursday in 
 August, by the qualified voters in the district." 
 
 1873. chap. 25. SEC. 11. Any person shall be eligible to the office of 
 Director who is qualified, by being able to read intelli- 
 gently and write legibly, to perform the duties required, 
 and who is a resident of the district; if he shall cease to 
 be a resident thereof, his office shall be deemed vacant. 
 
 NOTE The words in italics were added by amendment, 1891, Chap. 
 146, Sec 1. 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 11 
 
 SEC. 12. The Directors shall be elected on the first 1873 - ch ap .25. 
 Thursday in August, by the qualified voters of the dis- 
 trict. 
 
 NOTE. In the act of 1873 the word "annually" follows the word 
 "elected." It is omitted above so as to make the section conform to 
 the act of 1889, Chap. 247, Sec. 3, repealing so much of Section 12 as 
 was in conflict with said act. 
 
 SEC. 13. The election shall be held by the Sheriff, under 1873. chap. 25. 
 
 Election, how 
 
 the same laws by which he is governed in holding other held, 
 elections. 
 
 SEC. 14. The person receiving the highest number of ISTS. chap. 25. 
 votes shall be declared elected, and the person holding deciar t ed how 
 the election shall certify the result to the County Super- 
 intendent and County Court Clerk, and shall give notice 
 of the same to the Directors elected. 
 
 NOTE. County Court is judge of contested elections. 12 Lea, 30. 
 
 SEC. 15. All district School Commissioners now in office ISTS. chap. 25. 
 shall hold their offices until the election herein provided S 
 for shall be held and their successors elected or appointed 
 and qualified. 
 
 NOTE. This section relates to the Commissioners in office under 
 laws previous to 1873. 
 
 SEC. 16. If, from any cause, Directors shall not be elected 1373. chap. 25. 
 
 on the first Thursday in August, the County Superintend- fnten&mto 1 "" 
 
 ent shall appoint them in districts failing to elect. appoint. 
 
 SEC. 17. When a vacancy occurs among the Directors in isoi. chap.i46, 
 
 any district during their term of office, the County Super- vacancy. 
 intendent shall fill the same by appointment^ upon being 
 notified of such vacancy by the remaining Directors. 
 
 NOTE 1. The above amends Acts of 1873, Chap. 25, Sec. 17, which 
 reads as follows : 
 
 "When a vacancy occurs among the Directors in any district 
 during their term of office, the remaining Directors shall fill the same 
 by appointment, of which they shall give notice to the County Super- 
 intendent and County Court Clerk." 
 
 NOTE 2. The County Superintendents should make appointments 
 in writing, and should give notice to the remaining Directors and to 
 the County Court Clerk. 
 
 SEC. 18. The School Directors of each district shall hold ISTS. cimp. 25. 
 their first meeting within thirty days after their election, m^w 
 and shall appoint one of their number Chairman, and 
 another Clerk and Treasurer, and their appointment shall 
 be made annually thereafter. 
 
12 THE PUBLIC SCHOOL LAWS OP TENNESSEE. 
 
 Acts 1899, Chapter 218, page 471: It shall be the duty 
 of the commissioners or other officers of elections in the 
 various counties of this state to open and hold elections 
 in the various school districts in this state on the fourth 
 Saturday in May, 1900, and biennially thereafter, for the 
 purpose of electing three school directors for each school 
 district ; Provided, That this act shall not apply to any 
 county in this state where school districts and civil districts 
 are co-extensive, or may hereafter be made so; Provided, 
 This act shall not apply to incorporated towns which 
 have a school system of their own; Provided, This act 
 shall also include districts composed of portions of differ- 
 ent counties. 
 
 Said election shall be held and governed by and under 
 the laws now governing general elections, except that 
 these elections shall be held at the school houses in the va- 
 rious school districts, or such other places as said election 
 officer may direct, and that the polls shall be opened at one 
 o'clock, p.m., and shall be closed at five o'clock p.m., and 
 the officers holding said elections shall not receive any com- 
 pensation therefor. 
 
 NOTE 1. The Constitution, Art. 7, Sec. 5, and the Acts of 1870, 
 Chap. 23, Sec. 7, fix September 1 as the time for Directors elected in 
 August to enter upon office. The new Board may meet and organize 
 at any time within thirty days after election, but can not enter upon 
 office or do any official act until September 1. 
 
 NOTE 2. The Attorney- general has given the following opinion : 
 
 "The Board of School Directors may employ a teacher of the 
 public schools to begin after their term of office expires. If contract 
 is fraudulent, or entered into for purpose of defeating the jurisdiction 
 of the succeeding Board, and the Board of Directors and the teachers 
 are both parties to that fraud, the contract might be invalid and set 
 aside." 
 
 NOTE 3. Directors must take oath of office, in writing, before 
 Clerk of County Court or some acting Justice of the Peace. Acts 1870, 
 second session, Chap. 46, Sec. 28. Also see Constitution, Art. 10, 
 Sec. 1. For payment of costs of suit against Directors out of school 
 money, see same chapter, Sec. 36. Also see Sees. 32, 33, 34 of same 
 chapter for penalties, etc. These laws have never been repealed, and 
 are still in force, and apply to Directors. See, also, M. & Y. Code, 
 notes to Sec. 1193. 
 
 NOTE 4. Misdemeanor to enter on office without taking oath. 
 T. & S. Code, 759. 
 
 1873. chap. 25. SEC. 19. No Director shall be a teacher in the public 
 schools of his district, nor take any contract for building 
 war- a gchoolhouse in his district, nor any contract which this 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 13 
 
 Board is competent to make, nor become the owner of a 
 school warrant. 
 
 NOTE. A violation of this section is a misdemeanor. 9 Bax., 559. 
 
 DUTIES OF DISTRICT DIRECTORS. 
 
 SEC. 20. The duties of School Directors shall be as 1373. chap.25. 
 follows : 
 
 (1) To explain and enforce the school laws and regula- TO enforce 
 tions, and themselves to observe them. 
 
 (2) To visit the public schools within the district from TO visit schools 
 time to time, and see that they are conducted according 
 
 to law and with efficiency. 
 
 (3) To employ teachers, and to dismiss them for incom- TO employ and 
 
 dismiss teach- 
 
 petency, improper conduct, or inattention to duty. ers. 
 
 NOTE 1. The right of the Board of Directors to employ a teacher 
 only exists in the case of a vacancy. 5 Lea, 692. 
 
 NOTE 2. A valid contract for teaching can not be made without 
 the approval of the Board of Directors in office at the time the con- 
 tract is signed by the teachers. 10 Lea, 344. But the Board of 
 Directors in office may make a valid contract with a teacher for a rea- 
 sonable period of time extending beyond their term of office. 5 Lea, 
 691; 10 Lea, 219; 11 Pickle, 533. See note 2, Sec. 18. 
 
 NOTE 3. A teacher having made a contract with illegally elected 
 School Directors can not sue the legally elected School Directors on 
 the contract. 12 Lea, 486. 
 
 NOTE 4. Dismissal. The Board of Directors have authority to 
 dismiss a teacher for incompetency, improper conduct, or inattention 
 to duties, upon notice to him of the specific charges, and proof of the 
 charges by the testimony of sworn witnesses. 5 Lea, 701 ; 10 Lea, 219 ; 
 11 Pickle, 536, 537; 13 Pickle, 494. But a notice to the teacher that at 
 a given time and place the Board would inquire into his fitness to be 
 continued as a teacher would be insufficient. 10 Lea, 219. 
 
 NOTE 5. The length of time each year during which the schools 
 shall be kept open is left to the discretion of the Board of Directors, 
 acting in good faith and for sufficient cause. . . The teacher is 
 only entitled to payment on contract for each month of services while 
 school is kept open. 10 Lea, 219. It is the duty of Directors to run 
 all schools the same number of days in their respective districts. 
 Pupils are entitled to days, and not dollars, in school, and Directors 
 should make no exception to this rule. 
 
 NOTE 6. Minors may be employed to teach. Directors are not 
 prohibited from employing minor son or daughter. 12 Lea, 30. 
 
 NOTE 7. Power of Directors to close school. Where the contract 
 authorizes the Directors to close the school whenever the average 
 attendance shall fall below a designated number or the funds for the 
 support of the school shall be exhausted, they can not, before the end 
 of the school year, close it except upon the happening of the contin- 
 
14 
 
 THE PUBLIC SCHOOL LAWS OP TENNESSEE. 
 
 To suspend and 
 dismiss pupils. 
 
 school! 1 f 
 
 To take census. 
 
 To hold meet- 
 ings. 
 
 To call meet- 
 ings of people. 
 
 Separate 
 schools for col- 
 ored children. 
 
 1879. Cfcrtp.129, 
 dec. 1. 
 
 Warrants on 
 Trustee. 
 
 gencies provided in the contract of employment, where it does not 
 specify the duration of the term, and no customary term is shown. 
 11 Pickle, 533, 534, 537. 
 
 NOTE 8. Power of Directors to discharge teacher. Where, by the 
 contract, the school is to begin at a fixed date, but no definite term is 
 stipulated, the following sentence, "The Directors reserve the right to 
 annul all contracts every fourth month," stamped across the writing, 
 is not authorized by law, and is void, and does not authorize the School 
 Directors, at the end of the fourth month, to dismiss the teacher arbi- 
 trarily, without cause or trial, and to employ another teacher to 
 succeed him. 13 Pickle, 490-494. 
 
 (4) To suspend or dismiss pupils when the prosperity 
 or efficiency of the school makes it necessary. 
 
 NOTE. The Board of Directors has power to take cognizance of 
 offenses committed by pupils on the way to and from school. For 
 power of teacher or Directors to suspend and punish pupils, see 3 Lea, 
 455; 5 Lea, 526; 3 Leg. Rep., 19. Also see Section 29 and note to 
 same. 
 
 (5) To use the school fund apportioned to their district, 
 derived from donations or other sources, in such manner 
 as will promote the interest of public schools in their 
 respective districts. 
 
 NOTE. Directors can purchase school property, build schoolhouses 
 and furnish the same, buy apparatus, books for indigent pupils, fuel, 
 and such other supplies as may be necessary. 
 
 (6) To see that the census of the children, required by 
 Section 7 of this act, is taken in the proper time and 
 manner prescribed by this act. 
 
 (7) To hold regular meetings as prescribed by them, 
 and special meetings when called by the Chairman or by 
 any one of the members. 
 
 NOTE. Individual acts of Directors not valid. Must be assembled 
 as a board to do official acts. 3 Tenn. Chy. Rep., 177, State v. -Leonard. 
 
 (8) To call meetings of the people of the district for 
 consultation in regard to the school interests thereof. 
 
 (9) To keep separate and apart schools for white and 
 colored children. 
 
 (10) It shall be the duty of the District Directors to 
 draw upon the County Trustee, in favor of the teachers of 
 their districts, for any school money due such teachers in 
 the hands of the Trustee for distribution in their districts, 
 and they shall also draw their ivarrants upon the Trustees 
 for any other school money expended properly under the 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 15 
 
 law for other purposes, said warrants to be paid ~by the 
 County Trustee; and hereafter it shall not be lawful for 
 the Trustee to pay any school money over to the Clerks of 
 District Board of Directors, but he shall hold the same, and 
 only pay it out as provided for in this section of this act; 
 and it shall be the duty of the Trustee to make to the County 
 Superintendent, on or before the fifteenth day of July of 
 each year, a full and correct report of the amount of money 
 received by him for school purposes, and the disbursements 
 of the same. 
 
 5. The above subsection is a substitute for Subsection 10, 
 Sec. 20, Chap. 25, Acts 1873, which was as follows : 
 
 "(10) To draw upon the County Trustee, in favor of the Treasurer 
 of the District, for any school money in the hands of the Trustee for 
 distribution in his district." 
 
 In the original amendment of 1879, the words, "to be approved by 
 the County Superintendent before the same shall," followed the word 
 " warrants," in the seventh line. These words were stricken out by 
 the act of 1881, Chap. 91, Sec. 1. So the law now stands as above 
 given. Subsection 11 of Sec. 20, Chap. 25, Acts 1873, was in the 
 following words : "To draw upon the Treasurer of the District for the 
 pay of teachers and school expenses authorized by law; such accounts 
 to be paid in the order in which they are allowed, the Treasurer to 
 record the date of auditing each." This subsection is construed to be 
 repealed, by implication, by the above act of 1879, Chap. 129. 
 
 (11) To take care of, manage, and control public school 
 property of the district. er *y 
 
 NOTE. Powers of Directors; teacher not enjoined. This provision 
 does not give the Directors the right to wrongfully dispossess the 
 teacher, and to install another in his place. A teacher will not be 
 enjoined from teaching in a schoolhouse after the Directors have 
 wrongfully and ineffectually attempted to dismiss him arbitrarily. 13 
 Pickle, 494, 495. 
 
 (12) To report any special matter required by the TO report to 
 County Superintendent of Schools, and report to him intend 
 annually, by the fifteenth day of July [1897, Chap. , Sec. when< 
 
 2; Senate Bill No. 58], down to the thirtieth day of June, 
 on all subjects indicated in the blank forms supplied for 
 the purpose j and, until that report be delivered, the Clerk 
 shall not be allowed to draw the last installment of pay 
 for his services. 
 
16 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 18"3. Chap. 25. 
 
 To take census 
 and gather 
 statistics. 
 
 To keep record 
 
 To act as secre- 
 tary and keep 
 record. 
 
 Other duties. 
 
 1879. Chap. 129, 
 Sec. 3. 
 
 CLERKS. 
 
 SEC. 21. The duties of the Clerk of the District shall be 
 as follows : 
 
 (1) Within thirty days after his appointment, and annu- 
 ally thereafter, in the month of July, to take a census of 
 all persons residing in the school district between the ages 
 of six and twenty- one years, and to gather the statistics 
 relating to education, according to forms furnished by the 
 Superintendent of Public Instruction. 
 
 NOTE 1. The words "within thirty days after his appointment/' 
 refer to the first clerk, elected in 1873, and apply only to the inaugura- 
 tion of the school system. Since 1873, the school census can be taken 
 only in the month of July. 
 
 NOTE 2. If the census is not taken in July, in any year, it can not 
 be legally taken for that year. In such case, the census of the previous 
 year must be reported by the County Superintendent, and used for all 
 purposes. 
 
 (2) To keep an accurate record of all proceedings of 
 the Board of Directors, and especially of the purpose and 
 amount of accounts ordered to be paid, and of the date of 
 their being audited. 
 
 NOTE The following Subsection 3, Sec. 21. Chap. 25, Acts 1873, 
 is construed to be repealed, by implication, by the act of 1879, Chap. 
 129: 
 
 "To act as Treasurer of the school district, and, as such, to give 
 
 bond, with security, to be approved by the Board of District School 
 Directors, in such sums as they may designate, conditioned for the 
 safe-keeping and proper disbursements of all moneys that come into 
 his hands as Treasurer, the accounts to be paid in the order in which 
 they may be audited." 
 
 (3) To act as secretary of all school meetings of the 
 district j to keep in a bound volume a cash account and a 
 record of his own official acts; and to keep on file vouch- 
 ers, contracts, and other official papers, all of which shall 
 be open to the inspection of the County Superintendent 
 of Schools, and of every citizen of the district, and shall 
 be subject to such periodical examinations as shall be 
 prescribed by the County Superintendent. 
 
 (4) To discharge such other duties in connection with 
 the school business of the district as may be required of 
 him. 
 
 (5) The Clerk of the District Directors shall not receive 
 more than two per cent per capita for his services in 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 17 
 
 taking the census of the children in his district between 
 the ages of six and twenty-one years, and for making his 
 report thereof, "and other reports" to the County Super- 
 intendent and County Trustee, which sum shall be paid by 
 the County Trustee out of the funds due said district; 
 Provided, That the County Superintendent shall not draw Fee of District 
 any order in favor of any District Clerk who fails to make 
 his report of the scholastic population of his district within 
 the time prescribed by law; and said two cents per capita 
 shall be in full compensation for all his services as such 
 clerk for one year. 
 
 NOTE 1. This enactment originally contained the words, "upon 
 the order of the County Superintendent/' following the word "Trus- 
 tee." in the sixth line. These words were stricken out by amendment, 
 1881, Chap. 91, Sec. ]. 
 
 JSToTE 2. Compare the words "two per cent," in line two, with 
 the words "two cents" in line eleven. The compensation of the clerk 
 is two cents per capita of the children enrolled. 
 
 SCHOOL DISTRICTS. 
 
 SEC. 22. (1) The school districts shall be as they now im. chap. 25. 
 
 . , . . School districts 
 
 are, or as they may be hereafter established under the 
 provisions of this act. They shall be numbered by the 
 County Superintendent, and designated as "School District 
 No. , in the county of ," by which name it may 
 sue and be sued, contract and be contracted with, and 
 take, hold, and convey property. 
 
 (2) The several County Courts of this State be, and i89i. chap. 166. 
 they are hereby, authorized and empowered to lay off and 
 create new school districts in their respective counties 
 whenever the same shall be necessary, and to change or 
 establish the lines between existing districts whenever 
 the same shall be to the interest of the public schools of 
 the county; Provided, The same shall be done only at the 
 July term of the court, written notice of the same having 
 been read at some previous term of the quarterly court. 
 (1897, Chap. ; House Bill 57.) 
 
 NOTE 1. Before this act the County Courts possessed no power to 
 change school district lines or to create new school districts. 90 
 Tenn., 65. 
 
 NOTE 2. The school district was originally the civil district, and 
 -ander this law the County Court is not authorized to subdivide 
 it, unless it is absolutely necessary, on account of rivers or other 
 
18 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 physical causes, and when such subdivision is in the interest of the 
 public schools of the county. As a matter of fact, the subdivision of 
 school districts is never in the interest of the public schools of the 
 county, except in very few cases, on account of peculiar physical con- 
 ditions. Where the law has been violated in this respect, as it has in 
 many counties, the schools can never prosper until the mistake has 
 been rectified. It is the duty of the County Courts to correct their 
 error, and unless they do so they should be proceeded against accord- 
 ing to law. 
 
 sec 9 '6 hap ' 129 ' ( 3 ) The District Directors are hereby authorized to 
 subdivide school districts. 
 
 NOTE. A subdistrict is not a new or independent district. It is 
 merely a division of the school district. All the subdistricts of a 
 school district are equally under control of the three Directors. No 
 subdistrict, as such, can make contract or do any official act. 
 
 jSnt school 77 ' ( 4 ) Persons living on each side of a county line, and 
 districts. no t convenient to a public school in their respective dis- 
 
 tricts or counties, may form themselves into a school 
 district jointly, the children of each county drawing their 
 respective pro rata of public school money; Provided, 
 That the School Directors of the school districts adjoining 
 said county line may agree as to the number of scholars 
 taken from each county to form said district. 
 
 N"OTE 1. In special cases, children residing in different districts of 
 the same county may be educated in school under such regulations as 
 may be prescribed by the Directors of the districts interested. See 
 Sec. 30. 
 
 NOTE 2. The act of 1873, Chap. 25, attempted to incorporate the 
 school districts and confer on them the power of levying taxes for 
 school purposes. This was found to be unconstitutional, and was 
 repealed by the next Legislature. The sections repealed were Sees. 
 45, 46, 47, 48, 49, Chap. 25, 1873. The act repealing them was Sec. 2, 
 Chap. 138, Acts 1875. 
 
 (4 a) That school districts adjacent to incorporated towns 
 are authorized to purchase property inside the corporate 
 limits of such town and erect thereon school houses, 
 which shall be under the exclusive control of the direc- 
 tors of such school district, for the use and convenience 
 of the school children in such school district. 
 
 GENERAL RULES FOR OFFICERS OF SCHOOLS. 
 
 1873. chap. 25. SEC. 23. No State nor County Superintendent of Schools, 
 andofflcer c s hers nor School Directors, nor any other officer , nor any teacher 
 agent?. * be of tne public schools, shall have any pecuniary interest, 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 19 
 
 directly or indirectly, in supplying books, maps, school 
 furniture and apparatus to the public schools of the State, 
 nor shall act as agent for any author, publisher, book- 
 seller, or dealer in any such school furniture or apparatus, 
 or, directly or indirectly, receive any gift, emolument, 
 reward or promise of reward, for his influence in recom- 
 mending or procuring the use of any book, map, or school 
 apparatus, or furniture of any kind, in any public school 
 of this State and any school officer or teacher who shall Penalty, 
 violate this provision, besides being removed from his 
 post, shall be subject to a penalty of not less than two 
 hundred, nor more than five hundred dollars, and shall be 
 guilty of misdemeanor. Provided, That nothing in this 
 section shall be construed so as to include authors of books 
 and maps (Acts 1899). 
 
 SEC. 24. All school officers going out of office shall T 8 o 73 deHve a r p 'rec- 
 deliver to their successors the records and all official 
 papers belonging to the office. In case of the refusal of ne g lect - 
 any officer to do so, on demand of his successor, he shall 
 forfeit not less than twenty-five nor more than (5ne hun- 
 dred dollars therefor; and a like penalty for each month 
 during which he shall persist in withholding the same, 
 and shall be guilty of a misdemeanor. 
 
 SEC. 25. All penalties and forfeitures imposed by this ISTS. chap.25. 
 
 Penalties and 
 
 act upon a County Superintendent of Schools shall be for forfeitures; by 
 
 whom prose- 
 
 the benefit of the public schools of the county; and all cuted. 
 penalties imposed upon School Directors or other district 
 school officers, or upon teachers, shall be for the benefit 
 of the public schools of the district where the offense is 
 committed. The suit for such penalties shall be in the 
 official name of the State Superintendent. And if prose- 
 cuted in a court of record, it shall be the duty of the 
 District Attorney to conduct the same. It shall also be 
 the duty of the District Attorney, and any school officer 
 of the county, or of any school district, as the case may 
 be, to set such prosecution on foot; Provided, That if a 
 penalty shall be inflicted for any such offense, in pursuance 
 of this act, the party shall not be a second time subject 
 to a penalty therefor. 
 
20 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 SCHOOL TEACHERS. 
 
 1873. chap. 25. SEC. 26. No teacher of public schools shall be employed, 
 
 have certificate or receive any pay from the public funds, unless he or she 
 
 pfoyed. em have a certificate of qualification given to him of her by 
 
 the County Superintendent for the county within which he 
 
 or she is employed. No such payment shall be allowed, 
 
 if made, and any officer who shall make or sanction it 
 
 shall also be subject to a penalty of not less than five nor 
 
 more than fifty dollars; and for like services of male and 
 
 female teachers, like salaries shall be paid. 
 
 1873. chap. 25. SEC. 27. Every teacher in a public school shall keep a 
 
 Teacher to 
 
 keep regiBter daily register of facts pertaining to his or her school, in 
 
 and deliver to 
 
 clerk. such form as the school regulations shall require, ana 
 
 shall be responsible for the safe-keeping and delivery of 
 the same to the clerk of the school district at the close of 
 the school term, or of the period of his or her services, 
 whichever shall first happen. 
 
 NOTE. The school forms require certificate that all reports have 
 been made*, before warrant can be issued for payment. 
 
 written h c a on 25 ' SEC ' 28> Written contracts shall be made with all public 
 tracts. school teachers, at fixed rates per month, before they enter 
 
 upon their duties, in a form prescribed by the school reg- 
 ulations j such contracts shall be signed in duplicate, each 
 party holding a copy. 
 
 NOTE. See Section 20, Subsection 3, and notes following same. 
 
 ' SEC - 29> An y teacner of a Public school may, for suffi- 
 cient cause, suspend pupils from attendance on the school 
 until the case is decided by the Board of School Directors, 
 which shall be with as little delay as possible. 
 
 NOTE 1. See 3 Head, 455, Anderson v. State; 5 Lea, 526, Parker 
 v. School District; 3 Leg. Rep., 19, State v. Von Stranz. 
 
 NOTE 2. The teacher has power to punish pupils for offenses com- 
 mitted on the way to and from school. 
 
 SCHOOLS, AND PUPILS WHO MAY ATTEND SCHOOLS. 
 
 1873. chap. 25. SEC. 30. The public schools shall be free to all persons 
 between the ages of six and twenty -one years residing 
 within the school district, and in special cases those chil- 
 dren residing in different districts may be educated in 
 school under such regulations as may be prescribed by the 
 Directors of the district interested ; Provided, That white 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 21 
 
 and colored persons shall not be taught in the same 
 school, but in separate schools, under the same general 
 regulations as to management, usefulness, and efficiency. 
 
 NOTE. In the act of 1873, the school age was from six to eighteen. 
 The Acts of 1879, Chapter 6, amended the law so as to read as above, 
 "twenty-one," instead of eighteen, before the word "years." 
 
 SEC. 31. (1) There shall be two classes of district public sec!'i Chap ' 182 ' 
 schools, designated respectively primary schools and sec- J c ^ is asses f 
 ondary schools. 
 
 (2) The Directors of each school district shall establish 
 and maintain therein as many primary schools as may be 
 necessary to teach the children of the district; but they 
 shall have due regard to increasing the length of the 
 school term for the benefit of the district by limiting the 
 number of schools, and they shall not waste the school 
 funds by unnecessary multiplication of schools. In every 
 primary school shall be taught Orthography, Reading, 
 Writing, Arithmetic, Grammar, Geography, History of Ten- 
 nessee, (containing) the Constitution of Tennessee (Acts 
 1899), and History of the United States, containing the 
 Constitution of the United States. Vocal Music and Elocu- 
 tion, or the art of public speaking, may be taught therein, 
 and no other branches shall be introduced, except those 
 added in (4) below. 
 
 NOTE. The law contemplates and requires a five months term in 
 every school each year, and Directors have violated the law if they 
 have increased the number of schools in the district so as to reduce 
 the length of the school term below five months. 
 
 (3) The Directors of each school district, whenever the secondary 
 
 schools. 
 
 interests of the district shall require it, may establish and 
 maintain therein one or more secondary schools. Every 
 secondary school shall consist of a Principal, and, when 
 necessary, an assistant or assistants may be employed. 
 In every secondary school shall be taught the following 
 branches : Orthography, Reading, Writing, Arithmetic, 
 Grammar, Geography, History of Tennessee, (containing) 
 the Constitution of Tennessee (Acts 1899), History of 
 the United States, containing the Constitution of the 
 United States, Elementary Geology of Tennessee, Ele- 
 mentary Principles of Agriculture, Elements of Algebra, 
 Elements of Plane Geometry, Elements of Natural Philos- 
 ophy, Bookkeeping, Elementary Physiology and Hygiene, 
 
22 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Elements of Civil Government, and Bhetoric or Higher 
 English. Practice shall be given in Elocution, or the art 
 of public speaking. Vocal Music may be taught, and no 
 other branches shall be introduced, except those included 
 in (4) following. 
 
 NOTE. It is absolutely necessary that there shall be more than 
 one teacher in every secondary school. Therefore, it is illegal to 
 establish a secondary school without a Principal and at least one 
 assistant, and unless, with these teachers, the school can continue 
 at least five months per annum. 
 
 physiology and (4) Amendment taking effect January 1, 1896 (Acts 
 of alcoholic 1895, Chap. 180): In addition to the branches in which 
 ics and cigar- instruction is now given in the public schools of this State, 
 
 ette smoking -,"., 
 
 be taught. Physiology and Hygiene, with a special reference to the 
 nature of alcoholic drinks and narcotics, and smoking 
 cigarettes, and their effects upon the human system, shall 
 also be taught as thoroughly as other required branches, 
 and shall be made a regular course of study for all pupils 
 in all schools supported entirely or in part by public 
 money. (Sees. 1 and 2.) 
 
 Teachers re- (5) No certificate shall be granted to any person to 
 
 a knowledge of teach in the public schools of this State after the first of 
 '"January, 1896, who has not passed a satisfactory exami- 
 nation in Physiology and Hygiene, with special reference to 
 the effects of alcoholic drinks and narcotics, and cigarette 
 smoking upon the human system. (Sec. 3.) 
 
 NOTE 1. These five subsections of Section 31 are a substitute for 
 Sec. 31 of Chap. 25, Acts of 1873, which was as follows: 
 
 "In every public school shall be taught Orthography, Reading, 
 Writing, Arithmetic, Grammar, Geography, Elementary Geology of 
 Tennessee, and History of the United States ( Elementary Principles 
 of Agriculture); and Yocal Music may be taught therein; and other 
 branches shall not be introduced except as provided for by local 
 taxation, or shall be allowed by special regulations, upon the payment 
 of such rates of tuition as may be prescribed. The funds derived 
 from this source to go into the school fund for the support of the 
 respective schools in which it may be collected." 
 
 NOTE 2. The study of Elementary Principles of Agriculture was 
 added by amendment, 1879, Chap. 187. This study was retained in 
 the amendment of 1891, but was limited to the secondary schools, as 
 seen above. 
 
 1879. chap. 187, (6) The Superintendent of Public Instruction of this 
 
 commissioners State, and Commissioner of Agriculture, shall be consti- 
 
 >ks ' tuted a commission to procure the preparation of, or the 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 23 
 
 designation of, a work on the " Elementary Principles of 
 Agriculture," which shall be taught in the public schools 
 of the State, as are the other studies prescribed in the 
 21st (31st) section of the public school law; Provided, No 
 moneys are to be paid by the State, or out of the school 
 fund, for the preparation of the necessary book. 
 
 K"OTE. Under this provision, a text-book was prepared by Prof. 
 Lupton, and approved by the commission. 
 
 SEC. 32. (1) The course of study in the public schools 
 of each county shall be graded, and the system of promot- 
 ing pupils through the several grades shall be prescribed perintendent. 
 by the County Superintendent thereof, in accordance with 
 the general regulations of the State Superintendent. The 
 course of study in the primary schools shall consist of five 
 grades, and the course of study in the secondary schools 
 shall consist of eight grades, the first five grades in each 
 being identical. 
 
 (2) Pupils completing the first five grades, and attaining 
 
 proficiency therein, shall receive a certificate from the pieting 
 State Superintendent, certifying that the holder has com- 
 pleted the primary school course, which shall be counter- 
 signed by the County Superintendent and District Directors, 
 and the teacher or the teachers of the school, and shall 
 entitle the holder to enter the sixth grade of the secondary 
 school of any school district, or of the high school of any 
 high school district, which is now, or may hereafter be 
 established, and in which the holder resides. 
 
 (3) Pupils completing the eighth grade in the course of ^^o 8 ^? 
 the secondary schools, and obtaining proficiency therein, pieting second- 
 
 fl.ry schools. 
 
 shall receive a diploma from the State Superintendent, 
 which shall be countersigned by the County Superintendent 
 and by the District Directors and by the teachers of the 
 school, and which shall entitle the holder to enter the 
 ninth grade of the high school of any high school district 
 which is now or may hereafter be established, and in 
 which the holder resides. 
 
 NOTE 1. This section is a substitute for Sec. 32 of Chap. 25, Acts 
 1873, which is as follows : 
 
 " In all the localities where the number of the children is sufficient, 
 preference shall be given, under suitable regulations, to graded schools 
 that is to say, to schools in which the pupils are taught in the same 
 building, but in different rooms and [by] teachers, according to 
 
24 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 advancement, the studies being the same as in schools which have 
 but one teacher." 
 
 N^OTE 2. Sections 31 and 32 constitute what is known as the sec- 
 ondary school law. 
 
 1873. chap, 25. SEC. 33. The District Directors shall have the power, 
 s^o S ois ldat and they are hereby authorized, to make contracts of 
 consolidation with the trustees, teachers, or other author- 
 ities of academies, seminaries, colleges, or private schools, 
 by which the public schools may be taught in such insti- 
 tutions; Provided, That the branches of study designated 
 in the thirty-first section of this act shall be taught free 
 of any charge in such consolidated schools; And provided 
 further, That the authority of the County Superintendent, 
 District Directors, and other school officers, over those 
 studying such branches, shall be as full and ample as in 
 the ordinary public schools. (See County High School 
 Bill.) 
 
 NOTE. In making contracts of consolidation, the Directors should 
 clearly designate in the written contract whether the school is consol- 
 idated as a primary school or a secondary school. , If consolidated as a 
 primary school, the primary branches must be taught free of charge ; 
 if consolidated as a secondary school, the secondary branches must be 
 taught free of charge ; if consolidated without designation, it will be 
 assumed, prima facie, to be consolidated as a primary school. 
 
 SCHOOL FUNDS AND THEIR DISTRIBUTION. 
 
 1873. chap. 25. g EC . 34. The permanent school fund of the State shall 
 
 School fund. 
 
 be the one million five hundred thousand dollars, ascer- 
 tained and declared by Section 946 of the Code, and recog. 
 nized by the Constitution of the State to be the permanent 
 school fund. To this shall be added the interest which 
 has accrued on the same, and not been paid by the State, 
 amounting, on the first of January, 1873, to $1,012,500, 
 making this entire permanent State school fund $2,512,500. 
 For this $2,512,500 a certificate of indebtedness shall be 
 issued, signed by the Governor, under the great seal of 
 the State, and deposited with the Comptroller of the 
 Treasury, and which, on its face, shall show the purpose 
 for which it was issued; and shall provide for the payment 
 of the interest thereon at the rate of six per centum, pay- 
 able semi-annually on the first day of July and the first 
 day of January in each year, commencing on the first day 
 Escheats of July, 1873. To the permanent State fund may be added, 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 25 
 
 from time to time, the proceeds of all escheated property, 
 of all property accruing to the State by forfeiture, of all 
 lands sold and bought in for taxes, of the personal effects 
 of intestates having no kindred entitled thereto by the 
 laws of distribution, and donations made to the State for 
 the support of the public schools, unless otherwise directed 
 by the donors. The principal of the said fund shall always 
 remain unimpaired and entire, and the annual income 
 arising therefrom shall be, and is hereby, dedicated to 
 the support and maintenance of the public schools of the 
 State. 
 
 SEC. 35. The State school fund for the annual support ^d Chap ' 25 ' 
 of public schools shall be the annual proceeds of the 
 permanent State school fund any money that may come 
 into the State treasury for the purpose under the present 
 or future laws of the State, and any money that may come 
 into the State treasury for the purpose from any source 
 whatever. 
 
 SEC. 36. Every male inhabitant in the State subject ^^^ 25 - 
 thereto shall pay a poll-tax of one dollar for the support 
 of the public schools, which shall be collected as other 
 taxes are, and paid over to the County Trustee in the county 
 where collected, and distributed therein to each school dis- 
 trict according to scholastic population. 
 
 NOTE. The words in italics were added by amendment, 1875, 
 Chap. 138, Sec. 1. 
 
 SEC. 37. The State school tax shall be collected in the wra. chap. 25. 
 
 School tax ; 
 
 same manner as other State taxes, but when the collectors how collected, 
 pay over to the Treasurer of the State the money collected 
 by them, they shall designate what part of the same is the 
 proceeds of the school tax. 
 
 SEC. 38. A tax of one and one half mills on the dollar ^newS^ne- 25 ' 
 shall be, and is hereby, annually assessed upon all property half mills tax - 
 subject to taxation for the support of the public schools, 
 which shall be collected as other taxes are, and paid over 
 to the County Trustee in the county where collected, and 
 distributed therein to each school district according to 
 scholastic population. 
 
 NOTE. The tax for school purposes levied by the act of 1873 was 
 one mill on the dollar. The Revenue Act of 1887, Chap. 1, Sec. 1, 
 and all subsequent revenue acts, levied fifteen cents on the hundred 
 
26 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 1873. Chap. 25. 
 School term of 
 five months. 
 
 County Court 
 to levy tax and 
 complete term 
 of five months. 
 
 1873. Chap. 25. 
 Taxes, how col- 
 lected and how 
 distributed. 
 
 1873. Chap. 25. 
 School money 
 kept separate 
 from other 
 money. 
 
 1873. Chap. 25, 
 Sec. 50. 
 Surplus. 
 
 1875. Chap. 138, 
 Sec. 3. 
 
 Bank of Ten- 
 nessee issue. 
 
 dollars, or one and one half mills on the dollar. These acts amend 
 the original law. 
 
 SEC. 39. When the money derived from the school fund 
 and taxes imposed by the State on the counties shall not 
 be sufficient to keep up a public school for five months in 
 the year in the school districts in the county, the County 
 Court shall levy an additional tax sufficient for this purpose, 
 or shall submit the proposition to a vote of the people, 
 and may levy a tax to prolong the schools beyond the five 
 months, said tax to be levied on all property, polls, and 
 privileges liable to taxation, but shall not exceed the 
 entire State tax. 
 
 NOTE. The County Court may levy a tax for schools equal to 
 forty-five cents on the one hundred dollars, but it must levy a tax 
 sufficient to run the schools of the county at least five months every 
 year, and it is the duty of the County Superintendent to see that this 
 is done. 
 
 SEC. 40. Taxes so levied by the county shall be col- 
 lected in the same manner as other county taxes, and 
 shall be paid over to the County Trustee for distribution 
 among the school districts of the county according to their 
 scholastic population. 
 
 SEC. 41. All school money coming into the hands of the 
 State Treasurer or County Trustee shall be kept separate 
 and apart from any State or county funds in their hands. 
 
 SEC. 42. All sums of money derived from State or 
 county funds, which are unexpended in any year in any 
 public school district, shall not go into the hands of the 
 County Trustee for redivision the next year, but shall be 
 credited to such district, and be added to the amount next 
 apportioned to such district. 
 
 NOTE. The section is given as changed by amendment, 1875, 
 Chap. 138. Sec. 4. The original enactment in 1873 was as follows : 
 
 "All sums of money derived from State or county funds which are 
 unexpended in any year in any public school district, shall go into the 
 hands of the County Trustee for redivision the next year; but no sums 
 derived from district assessment shall be subject to redivision outside 
 of the district." 
 
 SEC. 43. In all cases where school money has been col- 
 lected in issues of the Bank of Tennessee, and burned, it 
 shall be the duty of the Comptroller to issue his separate 
 warrant for each year to the County Trustee of each county 
 for the amount of school money belonging to such county 
 
THE PUBLIC SCHOOL lyAWS OF TENNESSEE. 27 
 
 for each year so burned, or burned as aforesaid ; and the 
 proceeds of said warrants, together with all other school 
 funds now in the hands of County Trustees, Superintend- 
 ents, or other officers, belonging to each year, shall be 
 applied, under the direction of the County Judge or Chair- 
 man of the County Court, first, in payment of all just 
 claims accruing in said year, and the balance, if any, 
 applied in payment of just claims next in time of accruing. 
 
 SEC. 44. All money in the treasury of the State for the isvs. chap. 25 
 annual support of her schools OQ the first Monday of ho\vap^>?- ney 
 October and April of every year, shall be apportioned by tloned - 
 the Comptroller among the several counties, according to 
 their scholastic population, as reported to him by the State 
 Superintendent. He shall give immediate notice of such 
 apportionment to the County Trustee of each county, and 
 shall give notice in some newspaper at the seat of govern- 
 ment of the amount apportioned to each county. He shall 
 issue his warrant on the Treasurer in favor of the County 
 Trustee of each county for the amount apportioned to such 
 county, and transmit the warrant to such Trustee. 
 
 SEC. 44a. The County Trustee of each county shall make Trustees' quar- 
 terly settle- 
 quarterly settlements with the County Judge or Chairman mentsand dis- 
 
 of the County Court of all school funds arising from State 
 or county levies, or from any other source for school pur- 
 poses; and shall also make with said County Judge or 
 Chairman of the County Court quarterly distribution of the 
 school moneys in his hands, and shall report the same to 
 the County Superintendent and to the Directors of the 
 several school districts, and the County Superintendent of 
 Public Instruction for the county shall be present at each 
 quarterly settlement and distribution of the school fund, 
 and shall have supervision thereof. (1897, Chap. 1, Sec. 1 ; 
 House Bill, 66.) 
 
 SEC. 44&. Said County Trustee shall also make annual Tmstees'annu- 
 settlements of the school fund with said County Judge or als 
 Chairman of the County Court before July 15th of each 
 year, for the school year ending June 30th previous; and 
 in said settlement said Trustee shall be .charged with all 
 tax aggregates, picked up taxes, and with all funds which 
 have come or ought to come into his hands for the school 
 purposes, and shall be credited with all releases granted 
 by the County Court, with his lawful commissions [see 
 
28 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Quarterly re- 
 ports of County 
 Superintend- * 
 ents. 
 
 Trustees'annu- 
 al report to 
 County Super- 
 intendents. 
 
 Protection of 
 fund against 
 loss. 
 
 Same. 
 
 Sec. 46, and notes], and with all amounts lawfully dis- 
 bursed; and the County Superintendent of Instruction 
 shall be present at such annual settlement, and shall have 
 supervision thereof. (Id., Sec. 2.) 
 
 SEC. 44c. It shall be the duty of the County Superintend- 
 ent to make quarterly reports to the State Superintendent 
 on or before the 15th day of January, April, July, and 
 October of each year, setting forth an account of the 
 school funds derived from all sources, in accordance with 
 the forms or on the blanks provided by the State Super- 
 intendent. (Id., Sec. 3.) 
 
 SEC. 44d The County Trustee shall, on or before July 
 15th of each year, make annual reports to the County 
 Superintendent for the school year ending June 30th 
 previous in accordance with the forms or on the blanks 
 provided by the State Superintendent; and said annual 
 report shall set forth an account for all moneys received 
 during the school year, under the heads of " Amount on 
 hand at beginning of school year," ''Gross amount re- 
 ceived," "From State, County, from school districts and from 
 all other sources," and an account of all moneys expended 
 during said school year, under the heads of "Salaries of 
 teachers," " School sites, buildings, and repairs," " Furniture 
 and fixtures," "Libraries, maps, charts, and apparatus," 
 "Paid District Clerks," "Paid County Superintendents," 
 "Betained as fees of Trustee," "All other expenses," and 
 "The balance on hand at the end of school year." (Id., 
 Sec. 4.) 
 
 SEC. 44:6. Whenever it shall appear to the County Super- 
 intendent that any portion of the school fund has been or 
 is in danger of being lost, misappropriated, or in any way 
 illegally disposed of or not collected, it shall be the duty 
 of said County Superintendent to report the same to the 
 County Court, and also to report the same to the State 
 Superintendent. (Id., Sec. 5.) 
 
 SEC. 44/. Whenever it shall appear to the State Super- 
 intendent, from the report of County Superintendent or 
 from other information, that any portion of the school 
 fund has been lost, misappropriated, or in any way illegally 
 disposed of or not collected, it shall be the duty of the 
 State Superintendent, and he shall have power, to employ 
 a resident attorney to look after the recovery and collec- 
 
THE PUBLIC SCHOOL LAWS OF TENNESSE'C 29 
 
 tion of such fund; and for his services may retain, out of 
 moneys actually recovered and collected by him, not 
 exceeding ten per cent thereof; and in no case shall said 
 attorney receive any pay for said services except his 
 commission as aforesaid, retained out of moneys actually 
 collected, accounted for, and paid over by him to the 
 officer lawfully entitled to receive the same. ( Id., Sec. 6.) 
 
 SEC. 44#. It shall be a misdemeanor in office, punishable J^J la ^}gJg f 
 by fine, for any County Superintendent or County Trustee meaner. 
 to fail or refuse to make any of the reports provided for 
 in this act, and, in the event of such failure or refusal, it 
 shall be the duty of the officer to whom such report is 
 due, unless said report is made within thirty days after 
 the date fixed by law, and to certify said failure or refusal 
 to the Attorney-general for the county in or from which 
 said failure or refusal shall have occurred. (Id., Sec. 7.) 
 
 SEC. 44ft. It shall be the duty of the Comptroller of the ^^^ to 
 Treasury to certify to the Chairman or County Judge of jantsjo county 
 each county in the State the date of issuance and amount 
 of eaeh warrant transmitted to the County Trustee of such 
 county in the semi-annual disbursement of the public school 
 fund (Acts 1899). 
 
 COUNTY TRUSTEE'S DUTY. 
 SEC. 45. The County Trustee shall keep separate ac- 1373. chap. 25. 
 
 Duties of 
 
 counts of the State funds and the county funds, showing Trustees as to 
 
 3 receipt and dis- 
 
 whence and on what account the moneys were severally tribution of 
 derived, and by what order, and on what account, and to 
 whom they were distributed; and, as soon as said moneys 
 are received, he shall report the same to the County 
 Superintendent and to the Directors of each school district. 
 
 NOTE. He is also required to make an annual report to the County 
 Superintendent on or before July 15 of each year. (See Sec. 20, 
 Subsection 10; and Acts 1897, Chap. , Sec. 2; Senate Bill No. 58.) 
 
 SEC. 46. He shall give bond for the faithful performance ISTS. chap. 25. 
 
 ~ , . , , . Trustee's bond. 
 
 of his duties, with surety, to be approved by the County 
 Court of his county, in double the amount of the money 
 that may come into his hands, and his compensation for 
 receiving and paying over to the rightful authorities all 
 moneys received by him shall be six per centum (6 per 
 cent) on all sums up to ten thousand dollars ($10,000), 
 and four per centum (4 per cent) on all sums above ten 
 
30 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 thousand dollars ($10,000) and up to twenty thousand 
 dollars ($20,000), and a commission of two per centum (2 
 per cent) on all sums above twenty thousand dollars 
 ($20,000); Provided, That in computing the compensation 
 of Trustees all funds State, county, school, special, and 
 municipal shall be taken and estimated as one, and each 
 shall pay its respective portion of the above commissions 
 on all sums of money received by said Trustee for said 
 State, county, and municipality, respectively; and, Pro- 
 vided, further, That at the time of the settlement with 
 the proper officers of the State, county, and municipality, 
 and the computation of his commission on collections, 
 said Trustee shall furnish said officers, respectively, with 
 a certified statement from the Judge or Chairman of the 
 County Court showing the amount actually collected by 
 him and paid over by him to the proper State, county, or 
 municipal authorities, respectively, as heretofore pro- 
 vided; Provided, further, That the Trustee shall not be 
 entitled to any commission on money turned over to him 
 by his predecessor in office, or on money borrowed for the 
 use of the county or municipality; and, Provided, further, 
 That in no case shall his compensation exceed four thou- 
 sand dollars ($4,000) for the collection of State, county, 
 and municipal taxes. (Assessment Act of 1899). 
 
 The act of 1873 made the Trustee's compensation one-half 
 of one per cent. The act of 1879, Chap. 129, provided as follows: 
 
 "SEC. 2. The County Trustee shall be allowed five per cent on all 
 school money collected by him from the taxpayers of his county, and 
 paid out by him upon the orders of School Directors, and to a com- 
 mission of one per cent on all school money received by him from the 
 State Treasurer, or other sources, and paid out according to law." 
 
 In 1881, Chap. 106, the following amendment was adopted : That 
 Section 2 of an act, entitled "An act to amend an act, entitled 'An 
 act to establish and maintain a uniform system of public schools,' 
 passed March 14, 1879, and approved March 22, 1879, Chap. 129 of 
 Acts of 1879," be, and the same is hereby, amended by striking out 
 five per cent and inserting one and a half per cent in said Section 2. 
 
 In 1887 and 1889 the assessment acts, providing for the compensa- 
 tion of the Trustee, were claimed as amendments to the act of 1881. 
 The Supreme Court, in the case of Monroe County v. Hudson, 6 Pickle, 
 741, decided that the assessment acts did not amend the law, and that 
 the Trustee was entitled to only one and one-half per cent. The perma- 
 nent law now stands as given above, viz. : one and one-half per cent. 
 The act of 1891 (ex. ses.), Chap. 26, Sec. 19, being an amendment to 
 the act of 1889, Chap. 96, was repealed by the act of 1895, Chap. 120, 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 31 
 
 Sec. 117, p. 246, thereby leaving the Trustee's commission on all sums 
 collected from taxpayers at one and one-half per cent, and from other 
 sources at qne per cent, when paid out according to law, until the 
 passage of assessment bill of 1897. 
 
 SEC. 47. It shall be the duty of County Trustees to keep issi.^chap.^ 
 separate and apart from other funds the tax levied and school money 
 collected for public school purposes in their county: and SeanorTo 8 
 
 ,. appropriate. 
 
 any Trustee who converts any such school money to the 
 discharge of any account charged against them by the 
 State or county, shall be guilty of a misdemeanor, and 
 shall be subject to a line of not less than $100, and Penalty, 
 imprisonment at the discretion of the courts, and shall 
 forfeit his office. 
 
 NOTE 1. For further duties of the Trustee, see Sections 44a, 44&, 
 44d. 
 
 NOTE 2. For liability of Trustee, etc., see 5 Lea, 265; 6 Lea, 276; 
 9 Lea, 168 ; 14 Lea, 536. Also see Section 20, Subsections 3 and 10, 
 and notes. 
 
 NOTE 3. Trustee not insurer of funds. The County Trustee is 
 not an insurer of the funds in his hands, and he is not liable for same 
 when deposited in a bank of undoubted standing and reputation which 
 subsequently fails, and the funds are lost. He is not a debtor for 
 such funds nor does he hold them strictly as a special bailee. 12 Pickle, 
 296. 
 
 SCHOOLS OF MUNICIPAL CORPORATIONS. 
 
 SEC. 48. None of the provisions of this act shall be |f c 3< 51 Cbap - ^ 
 construed so as to interfere with the schools or school Notto interfere 
 
 with cities and 
 
 systems already established in cities and incorporated towns, 
 towns, or conflict with the chartered rights by virtue of 
 which funds for their support are being received, raised, 
 and distributed, or to limit them as to the power to extend 
 the course of study, it being intended to encourage the 
 establishment of public high schools, when the population 
 justifies it, as a means of perfecting the grading and 
 elevating the standard of scholarship. But all such 
 schools shall receive their pro rata share of moneys 
 received under the provisions of this act, according to 
 their scholastic population. 
 
 SEC. 49. That all the rights and privileges reserved and i 
 given to cities and incorported towns by Section 51 of 
 said act (1873, Chap. 25), be, and the same are hereby, 
 extended to schools and school systems that have been 
 established by cities or incorporated towns since the 
 
32 
 
 THK PUBLIC SCHOOL LAWS OF TKNNESSKE. 
 
 1881. Chap. 103, 
 
 Sec. 3. 
 
 Tax for graded 
 
 schools. 
 
 1885. Extra Ses- 
 sion, Chap. 19. 
 Towns may 
 establish com- 
 mon schools of 
 a high grade. 
 
 Erect school- 
 houses. 
 
 Levy addi- 
 tional tax. 
 
 Board of 
 Education. 
 
 passage of said act, or that may hereafter be established 
 by them. 
 
 SEC. 50. That cities and incorporated towns in which 
 have been established, or may hereafter establish, such 
 higher graded schools, be, and the same are hereby, 
 authorized and empowered to supplement the school fund 
 derived from State and county tax, by an additional 
 municipal tax or levy, for the support of said schools; 
 Provided, however, That no incorporated town or munici- 
 pality shall exceed its lawful limit of taxation in making 
 such additional levy. 
 
 SEC. 51. (1) The several incorporated cities and towns 
 within this State may, through their Boards of Mayor and 
 Aldermen, establish and maintain, within their respective 
 corporate limits, a system of high graded common schools. 
 
 (2) For this purpose, the said Board of Mayor and 
 Aldermen of any municipal corporation within this State 
 may procure a suitable schoolhouse or houses, either by 
 erection or purchase, and, in making such erection or 
 purchase of such house or houses, and furnishing the 
 same, may apply the common school fund to which their 
 respective scholastic populations are entitled by law. 
 
 (3) For the purpose of erecting, or causing to be erected, 
 or purchasing such school buildings or houses, and furnish- 
 ing the same, and for the purpose of establishing and 
 maintaining such high graded common public schools, 
 said Board of Mayor and Aldermen may levy and collect 
 an additional tax to that imposed by or under the general 
 provisions of the school law upon all taxable polls, privi- 
 leges, and property within the corporate limits ; Provided, 
 That the special tax levied under this section, and the 
 municipal taxes for municipal purposes, shall in no case 
 exceed the rate of taxation for general purposes fixed by 
 charter limitation. 
 
 (4) The Board of Mayor and Aldermen of any such 
 municipal corporation so establishing public schools may, 
 and they shall, have full power to appoint a Board of 
 Education, consisting of not exceeding six qualified citi- 
 zens residing within their corporate limits, which Board, 
 when so appointed, shall have full power as trustees or 
 directors to manage and control such schools, to elect or 
 employ well-qualified teachers, and to prescribe all needful 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 33 
 
 rules and regulations ; and said Board shall hold its office 
 as follows: Two for three years, two for two years, two 
 for one year, and, after the first year, two Commissioners 
 shall be elected each year, subject to removal for good 
 cause by the said Board of Mayor and Aldermen. 
 
 (5) Nothing in this act shall be so construed as to allow 
 or permit mixed schools of the white and colored popula- 
 tion, but such schools shall be taught separately, as now 
 provided by law. 
 
 N"OTE. Additional provision for Pulaski. The act of 1885, Chap. 
 37, providing for a system of public schools for the town of Pulaski, 
 does not repeal the system provided for all municipal corporations in 
 Sees. 48-51 above, even as to said town, and it may avail itself of 
 either provision. 15 Lea, 638, 639. 
 
 SEC. 52. The Board of Commissioners (of taxing districts 
 of the second class) shall have power, by ordinance, within 82, sec. 2. 
 
 Schools in tax- 
 
 the district, ... to establish and maintain a public ing districts. 
 
 school or public schools; or said Commissioners may join 
 
 with the Public School Commissioners of the civil district 
 
 in which said taxing district is located, in maintaining the 
 
 public schools located within the limits of said taxing 
 
 district. 
 
 1. The following opinion has been given officially by Attor- 
 ney-general Pickle : 
 
 "My opinion is that taxing districts of the second class are not 
 embraced by Chap. 19, Acts 1885 (extra session), and are not, there- 
 fore, authorized by that act to elect the Board of Education therein 
 provided for. 
 
 "That act applies to that class of corporations having Boards of 
 Mayor and Aldermen; taxing districts are not of that class of municipal 
 corporations. But I am of further opinion that, under the express 
 power conferred upon taxing districts of the second class by Acts of 
 1885, Chap. 82, to establish and maintain a public school or schools, 
 the Commissioners of such taxing district possess such implied powers 
 as are usual and necessary for the accomplishment of the general 
 purpose of the law. 
 
 "The Commissioners may employ such means, methods, and agents 
 as are usual, necessary, and proper to effectuate the object proposed 
 the establishment and maintenance of a public school. 
 
 " If a Board of Education is a means usual and appropriate for that 
 purpose, I see no reason why the Commissioners have not implied 
 authority to create one, although it may not be of that precise kind of 
 Board authorized by Acts 1885, Chap. 19. 
 
 "The Board, of course, would be mere agents of the taxing district, 
 not independent officers; but its-acts, authorized and approved by the 
 
 2 
 
34 
 
 THE PUBLIC SCHOOL LAWvS OF TKNNESSKE. 
 
 Commissioners, would be treated as the acts of the -Commissioners 
 themselves, and, therefore, valid." 
 
 NOTE 2. Taxing districts of second class were created by Acts 
 1881, Chap. 127 ; amended by Acts 1885, Chap. 82. The provisions in 
 reference to public schools is on page 164 of said acts. (See 10 Lea, 
 478.) Taxing districts are municipal corporations. 
 
 1875. Chap. 90. 
 Normal schools 
 
 Board of 
 Education. 
 
 Location of 
 schools. 
 
 Donations. 
 
 Trustees of 
 colleges. 
 
 Admission of 
 pupils. 
 
 BOARD OF EDUCATION AND NORMAL SCHOOLS. 
 
 SEC. 54. (1) The establishment of a normal school or 
 schools is hereby authorized to be effected by the Board 
 of Education hereinafter provided for. The said normal 
 school or schools shall be made in every respect first-class 
 institutions for the professional education of teachers, and 
 the most approved method of instruction shall be adopted, 
 and none but teachers experienced and skilled shall be 
 employed to take charge of them. 
 
 (2) Said Board of Education shall, at as early date as 
 may in their judgment be practicable, locate and make 
 arrangements for opening such normal school or schools, 
 furnishing them, adopting a course of study, employing 
 teachers and other officers. 
 
 (3) In the location of said normal school or schools, the 
 State Board of Education shall give preference to such 
 locality, accessible to all parts of the State, as shall offer 
 gratuitously the most suitable grounds and buildings for 
 the establishment of the same. 
 
 NOTE. By Sec. 1, Chap. 154, Acts 1881, the following words, 
 which formed the conclusion of the above subsection, were repealed : 
 
 " Povided, That nothing in this act shall be so construed as to 
 authorize the expenditure of money from the State treasury or school 
 funds of the State." 
 
 (4) Said Board of Education may receive contributions 
 of money from the Trustees of the Peabody Educational 
 Fund, or donations of property or funds from any other 
 source, for the benefit of this enterprise, which they shall 
 in good faith dispose of and disburse in accordance with 
 the conditions of the donations. 
 
 (5) The trustees of colleges, universities, or educational 
 institutions shall have the power to give the use of their 
 property to the State Board of Education for the benefit 
 of normal schools. 
 
 (6) No pupil shall be admitted into said schools who is 
 under sixteen or over thirty years of age, and who shall 
 
THK PUBI.IC SCHOOL LAWS OF TENNKSS33. 35 
 
 not have undergone, satisfactorily, such examination as 
 may be prescribed by the State Board of Education. 
 Those already engaged in teaching may enter said normal 
 school or schools as pupils upon conditions fixed by the 
 State Board of Education. 
 
 NOTE. Sec. 3, Chap. 154, Acts 1881, amended this subsection so 
 as to entitle one pupil from each senatorial district, to a scholarship 
 of $100 per annum, to be paid out of the funds of the college.' 
 
 This amendment was repealed by Sec. 1, Chap. 255, Acts 1883. 
 
 (7) Pupils of the public schools may be recommended Eligibility. 
 for admission into said normal school or schools by the 
 County Superintendent, on consultation with the Directors 
 
 of the school districts of his county, and in cities by the 
 Superintendent of Public Schools; and such pupils so 
 recommended, and who pass a satisfactory examination, 
 shall have precedence over all other applicants. 
 
 (8) Diplomas shall be granted to those who honorably Diplomas, 
 complete the course of study prescribed in said schools; 
 
 and possession of such diploma shall exempt the holder 
 thereof from the examination prescribed as a condition 
 precedent to employment in the public schools of the 
 Sta,te, any such graduate being eligible as a teacher in any 
 county of the State. 
 
 NOTE. Such graduate is eligible in any county, and a certificate 
 from the County Superintendent is not necessary. It is better, 
 however, in order to avoid any controversy, that the County Super- 
 intendent should issue a first-grade secondary certificate without 
 examination. 
 
 (9) The same registers, records, and reports which are Registers and 
 prescribed in the State school law for the public schools, 
 
 or which may be ordered by the State Superintendent of 
 Public Instruction, shall be kept by the officers and teach- 
 ers of said normal schools, and regular reports shall be 
 made directly to the State Superintendent, at the times 
 and in the manner required by law for other public 
 schools, or at such other time as he may require. 
 
 (10) The State Board of Education shall keep such nor- white and 
 
 ' colored pupils 
 
 mal schools as may be established for white and colored distinct. 
 pupils entirely distinct and separate ; Provided, That the 
 provisions therein for training and improvement shall be 
 impartially proportioned. to the demands of each. 
 
 (11) The salaries of principals, teachers, and other salaries. 
 
36 THE PUBLIC SCHOOL lyAWS OF TENNESSEE. ' 
 
 officers of said normal schools, and all other expenditures, 
 shall be determined by the State Board of Education, and 
 the disbursements shall be made by the Treasurer of the 
 Board, upon its order. 
 
 secretary and (12) The State Superintendent of Public Instruction 
 shall be Secretary and Treasurer of the State Board of 
 Education, and as such shall have charge and general 
 supervision of the disbursement of all moneys hereafter 
 appropriated for the Peabody Normal College, and for all 
 normal colleges and institute funds. He shall ~keep in his 
 office at the State Capitol a record of all money appropri- 
 ated for said normal school or schools, and its distribution, 
 and before any such money so appropriated shall be drawn 
 from the Treasury, he shall pass upon and certify to the 
 correctness of all vouchers, to be filed with the Comptroller 
 prior to the issuance of his warrant. 
 
 SEC. 2. The State Superintendent of Public Instruc- 
 tion, as the Secretary and Treasurer of the State Board 
 of Education, shall give a bond in the sum of ten thou- 
 sand dollars, payable to the State of Tennessee, for the 
 faithful performance of his duty as such Treasurer, which 
 bond shall be approved by the Governor and Attorney - 
 General. (Acts 1899). 
 
 state Board of (13) The Governor of the State shall appoint a State 
 
 Education. 
 
 Board of Education, to consist of six members, two of 
 whom shall be appointed for six years, two for four years, 
 and two for two years; and, after the expiration of their 
 first terms of office, their successors shall be appointed 
 for six years. The Governor of the State shall be ex officio 
 a member and President of said board. 
 
 NOTE. By Chap. 35, Acts 1891, the State Superintendent of Public 
 Instruction is made ex officio a member. 
 
 1881. chap. 154, (14) The said Board of Education be, and the same is 
 hereby, authorized to expend annually for the support of 
 said Normal College, at Nashville, exclusively, twenty thou- 
 sand dollars ($20,000) out of any funds in the State treasury 
 
 $15,000 appro- not> otherwise appropriated, to be paid upon the order of 
 
 priated. sa j B oar d of Education upon the warrant of the Comp- 
 
 troller, issued in favor of the President of said State 
 
 scholarships. Normal College; Provided, That the Peabody Board of 
 Trustees shall allow to the State thirty-three scholarships 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 37 
 
 of one hundred dollars ($100) each and traveling expenses, 
 one of whom shall be appointed from each senatorial dis- 
 trict in the State, upon and after such competitive examina- 
 tions as may be prescribed by the State Board of Education' 
 to be held in the several counties of the State. 
 
 NOTE 1. The words in italics were placed by amendment, 1891. 
 Chap. 177. The act of 1881, previous to the amendment, appropriated 
 $10,000 per annum, and did not contain the proviso. 
 
 NOTE 2. Section 2, Chap. 177, Acts 1891, repealing all acts in 
 conflict with this Subsection 14, by implication repeals the following, 
 Sec. 2, Chap. 255, Acts 1883 : 
 
 "The $10,000, as annually appropriated in Section 2 of said act, 
 approved April 6, 1881, shall be used by the State Board of Education 
 to support said Normal College, at Nashville, exclusively; Provided, 
 That the General Agent of the Peabody Board of Trustees shall allow 
 to this State Peabody scholarships on the same condition as those 
 granted other States." 
 
 Twenty thousand dollars were appropriated by the General Assem- 
 bly in 1895, which amount was continued in 1897 and 1899. 
 
 (15) Three thousand three hundred dollars, or so much sec!'4 Chap ' 154 ' 
 thereof as may be deemed necessary, shall be intrusted ^hoiarships. 
 to the State Board of Education for the higher and normal 
 education of the children of Tennessee of African descent, 
 
 and upon the order of said Board of Education, the Comp- 
 troller shall issue his warrant for the same to the president 
 or financial manager of approved institutions of learning 
 for scholarships for the benefit of such of the aforesaid 
 children as may apply therefor, under such regulations as 
 may be prescribed by said Board of Education, which 
 amount shall be appropriated out of the State treasury 
 over and above the $20,000, as annually to be used by the 
 said State Normal College; it being intended that this shall 
 be a separate fund, to be used by said State Board of Edu- 
 cation to defray the expense of two colored pupils from 
 each senatorial district of the State in approved institu- 
 tions of learning. 
 
 NOTE. The words in italics constitute the amendment made by 
 Sec. 4, Chap. 255, Acts 1883, the appropriation previous to said amend- 
 ment being $2,500 per annum. 
 
 (16) It shall be the duty of said Board of Education 1375. chap. 90, 
 to report, through the Superintendent, to the regular Report, 
 meeting of the General Assembly the operations of the 
 
 board, the condition and progress of the normal schools, 
 
38 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 1883. Chap. 255, 
 Sec. 3. 
 Report of 
 Board of Edu- 
 cation. 
 
 with such suggestions as they may deem advisable for 
 the improvement of normal and public schools. 
 
 (17) The State Board of Education shall, at proper 
 times, inspect the management of the State Normal Col- 
 lege, and audit the accounts for the disbursement of the 
 funds, and make a biennial statement, through the Gov- 
 ernor, to the Legislature, showing its condition and prog- 
 ress, and otherwise guard the State's interest in the same. 
 
 1879. Chap. 155. 
 Public exam- 
 ination of 
 candidates. 
 
 Duties of 
 County and 
 City Superin- 
 tendents. 
 
 Duty of State 
 Superintend- 
 ent. 
 
 APPOINTMENT OF CADETS TO UNIVERSITY OF TENNESSEE. 
 
 SEC. 55. (1) In order to secure more regularity in the 
 appointment of State cadets in the University of Tennes- 
 see by Senators and Representatives, as now provided by 
 law, and to secure the greater usefulness of their appoint- 
 ment to the State at large, it shall be the duty of the 
 State Superintendent, in the month of May in each year, 
 to issue notice to the County and City Superintendents of 
 Schools throughout the State, requiring them to hold 
 public examinations of candidates for such appointments 
 in their respective counties or cities, and giving full and 
 uniform directions with reference to . the subject and 
 method of such examinations. 
 
 (2) It shall be the duty of the County and City Superin- 
 tendents, on the receipt of such directions, to give due 
 public notice thereof for not less than ten days, and in 
 the month of June he shall proceed to hold such exami- 
 nation or examinations as may be necessary in his county 
 or city, engaging, if necessary, the assistance of suitable 
 persons, but without cost to the State, and on the conclu- 
 sion of such examination, or within ten days thereafter, 
 he shall transmit a list of the qualified candidates in their 
 order of merit, as determined by the examination, to the 
 State Superintendent of Public Instruction, who shall keep 
 a roll of the names, by counties and cities, in his office. 
 
 (3) It shall be the duty of the State Superintendent, on 
 the receipt of such list from any County or City Superin- 
 tendent, to communicate the same to the Senators or 
 Representatives thereof, with the number of vacancies in 
 such appointments actually existing for the said county 
 or city, which shall be ascertained from the roll of the 
 university, and the said Senators and Representatives may 
 
THB PUBLIC SCHOOL IvAWS OF TENNESSEE. 39 
 
 then proceed to make their appointments from the said 
 lists, certifying the same to the State Superintendent, who 
 shall keep a roll thereof in his office, and communicate 
 the same to the president of the university. 
 
 (4) If in any county or city the list of qualified candi- Ug} candi - 
 dates should not be sufficient for, the appointment as now 
 authorized by law, any Senator or Representative may 
 
 make his appointment from any other county or city in 
 which there may be a surplus of qualified candidates, after 
 the Senator or Representative, or Senators and Repre- 
 sentatives thereof, shall have completed their appoint- 
 ments. 
 
 (5) If, by the tenth day of August, there shall still mT'Sfanlies. 
 remain vacancies unfilled by Senators or Representatives, 
 
 the president of the university shall be authorized to fill 
 the same from the list of qualified candidates up to the 
 number authorized by law j Provided, That such appoint- 
 ments by the president shall be for one year only, and 
 that in making the same, preference shall be given to 
 counties and cities whose quota has not been filled, and 
 in the several counties and cities to those persons who 
 stood highest in the order of merit. 
 
 (6) In the event of a vacancy occurring in any of the S > at l -S 1 n d s. exam " 
 aforesaid appointments in any county or city in which the 
 
 list of the qualified candidates has been exhausted, it shall 
 be the duty of the County or City Superintendent, on the 
 written request of any Senator or Representative of the 
 said county or city, to hold such examination as is herein 
 provided for such applicant or applicants as maybe recom- 
 mended by the said Senator or Representative, and to 
 proceed therewith in the form and manner herein pro- 
 vided j Provided, That nothing in this bill shall be con- 
 strued to limit or abridge the right of appointment by 
 Senators or Representatives as now authorized by law. 
 
 AN ACT TO ENCOURAGE TREE PLANTING. 
 
 SEC. 56. It shall be the duty of the County Superin- iss?. cha P .i72. 
 tendent of Public Schools of each county to set apart 
 some day in November in each year as "Arbor Day" in all 
 the public schools of the county, that trees may be planted 
 around the buildings, that the grounds around such build- 
 
40 THE PUBLIC SCHOOIv I^AWS OF TENNESSEE. 
 
 ings may be improved and beautified; such planting to be 
 attended with appropriate and attractive ceremonies, that 
 the day may be one of pleasure as well as of instruction for 
 the young; all to be under the supervision and direction 
 of the teacher, who shall see that the trees are properly 
 selected and set. 
 
County High School Law. 
 
 SECTION!. Whenever it shall appear to the County county high 
 
 * schools may be 
 
 Court of any county that the public interest requires it, established, 
 said Court shall have power to provide for establishing 
 and maintaining one or more county high schools for the 
 instruction of the children of the county j the said high 
 school or schools to be managed as hereinafter provided. 
 
 SEC. 2. The said Court for the purpose aforesaid shall 
 have power to levy special taxes, in addition to other Tax. 
 taxes, for school purposes, not to exceed fifteen cents on 
 the one hundred dollars on all taxable property, to be - 
 levied and collected as other county taxes; and the said 
 court shall also have power, for the purpose aforesaid, to 
 make appropriations out of any county funds not other- 
 wise appropriated, except out of the public schools funds; 
 and the funds arising from the taxes levied for the purpose, 
 and for the appropriation made for the purpose, 
 shall constitute a special fund to be known as the County 
 High School Fund, which shall be kept by the County 
 Trustee separate and apart from all other funds, and 
 applied exclusively to the purpose aforesaid. 
 
 SEC. 3. The management and control of the county county board 
 high school or schools shall be vested in the County Board 
 of Education, which shall consist of seven members, six of 
 whom shall be elected by the County Court as soon as the 
 Court shall have decided to provide for establishing a 
 county high school or schools, two of whom shall be elected 
 to serve until the following January term of the Court, two 
 to serve until the second January term following their elec- 
 tion, and two to serve until the third January following their 
 election; at the expiration of the terms of the several 
 members, their successors shall be elected at the 
 respective January terms of the Court to serve three 
 years. Not more than one member of the board shall 
 be elected from the same school district, and the mem- 
 bers shall be distributed through the different localities 
 
 (41) 
 
42 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 of the county as the Court shall deem equitable. The 
 Court shall fill all vacanies for unexpired terms at the 
 quarterly term of the Court after the vacancy occurs, or a 
 soon thereafter as possible. The County Superintendent 
 shall be ex-officio a member of the Board of Education, and 
 Secretary thereof, and may receive such compensation for 
 his services as Secretary as the Board shall allow, in addi- 
 tion to his salary as County Superintendent. 
 
 Branches SEC. 4. In every county high school shall be taught all 
 
 the branches of study now required or permitted by law 
 to be taught in the secondary schools, excepting and 
 excluding the branches named to be taught in the five 
 grades of the primary schools 5 and in addition such other 
 high school branches may be taught as the Board of Edu- 
 cation may prescribe as necessary to prepare pupils for 
 college or for business. The county high schools shall be 
 graded by the Board of Education under the general regu- 
 lations of the State Superintendent and the supervision 
 of the County Superintendent, beginning with the sixth 
 grade, which sixth grade shall be adjusted for the admis- 
 sion of pupils who have completed the five grades of the 
 primary schools. 
 
 Three teachers. SEC. 5. In order to secure efficient instruction for the 
 extensive course of study, the Board shall employ in 
 every county high school not less than three teachers. 
 Pupils. SEC. 6. The county high school or schools shall be 
 
 open to all the children of the county of lawful age who 
 shall be otherwise qualified, and who have completed the 
 primary school course, or its equivalent, as tested by 
 examination or such regulations as may be provided by 
 the Board for the admission of pupils; Provided, That the 
 county high schools shall be separate for white and 
 colored pupils, as provided by law for all public schools. 
 Board to io- SEC. 7. The Board of Education shall have power to 
 
 etc 6 ' r lge ' locate, establish, and manage the county high school or 
 schools, to make contracts with teachers, draw warrants 
 on the County Trustee on account of the high school fund, 
 and shall perform such duties and exercise such powers 
 with respect to the control and management of the county 
 high school or schools as are now vested by law in the 
 District Directors with respect to the control and manage- 
 ment of the district schools. 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 43 
 
 SEC. 8. The County Board of Education shall have 
 power to make contracts of consolidation with the proper other schools. 
 authorities of seminaries, academies, or colleges, or with 
 city Boards of Education, or District Directors, whereby 
 the county high school may be taught in said seminaries, 
 academies, or colleges, or city or district schools ; Provided* 
 That the high school branches be taught free of charge to 
 all pupils of the county entitled thereto; And provided 
 further, That the authority of the State Superintendent, 
 the County Superintendent, the Board of Education, and 
 all school officers shall be as full and ample in such con- 
 solidated school as in other county high schools; And 
 provided further, That no teacher shall be employed in 
 teaching the said high school branches unless said teacher 
 shall have a teacher's certificate of such grade as may be 
 prescribed for such service, the County Superintendent 
 under the general regulations, and unless the employment 
 of said teacher shall be approved by the Board of Edu- 
 cation. 
 
 SEC. 9. The county high schools shall be under the under county 
 
 and state sup- 
 general supervision of the County Superintendent and erintendents ; 
 
 of the . State Superintendent, as provided for other 
 public schools, and it shall be the duty of the State 
 Superintendent to provide such special blanks and forms, 
 and general relguations, as may be needed for the exami- 
 nation of high school teachers, for warrants of the County 
 Board of Education, for grading high schools and other 
 purposes, and to make such changes in the form of 
 reports as may be necessary to adapt them to the use of 
 the high schools, and it shall be the duty of the teachers 
 of the county high schools, and of consolidated county high 
 schools, and of County Boards of Education, to make 
 reports on the prescribed blanks and forms at the time 
 provided by law for the reports of other public schools, 
 and in accordance with the regulations of State and 
 County Superintendents. 
 
 SEC. 10. The County Board of Education shall have Non-residents 
 
 , . . or over school 
 
 power to admit as pupils in the county high school or age. 
 schools, persons over .the school age, or non-residents of 
 the county, upon the payment of such reasonable rates 
 of tuition, and under such regulations as may be prescribed 
 
44 THK PUBLIC SCHOOL LAWS OF TKNNESSKE. 
 
 by the Board for persons not entitled to admission in said 
 schools free of charge, 
 county trustee SEC. 11. It shall be the duty of the County Trustee to 
 
 to pay out 
 
 fund, etc. pay all warrants legally drawn by said Board of Educa- 
 tion on account of the county high school fund, to keep an 
 accurate account of said fund, and to render report of 
 same to the said Board of Education, and to the proper 
 officers as now provided by law with respect to other 
 school funds. 
 
Text-Book Law. 
 
 SECTION 1. The governor and state superintendent of commission 
 public instruction, together with three members of the 
 state board of education to be named by the governor, 
 shall be, and are hereby, constituted a state text-book 
 commission, whose duty it is to select and adopt a uni- 
 form series or system of text-books for use in the primary commission 
 and secondary public schools in the State of Tennessee, adopt uniform 
 and for use in the incorporated cities or towns in the high * 
 graded common schools. Said commission is hereby 
 authorized, empowered, and directed to select and adopt 
 a uniform system or series of text-books for use in the 
 public schools in this state, as above indicated, and when 
 so selected and adopted, the text-books shall be used for 
 a period of five years, in all the public schools of this 
 state, and it shall not be lawful for any school officer, 
 director, or teacher to use any other books upon the 
 same branches, other than those adopted by said state 
 text-book commission. Said uniform series shall include 
 the following branches of study, to wit: Orthography, Branches of 
 reading, writing, arithmetic, geography, grammar, lan- 
 guage lessons, history of Tennessee, containing the 
 constitution of the state, history of the United 
 States, containing the constitution of the United 
 States, physiology, and hygiene, elementary geology of 
 Tennessee, elementary principles of agriculture, elements 
 of algebra, elements of plain geometry, elements of nat- 
 ural philosophy, bookkeeping, elements of civil govern- 
 ment, rhetoric, and higher English, and such other 
 branches of study in addition to the foregoing as said 
 commission may select and designate for use in the high 
 graded common schools in the incorporated cities and 
 towns of this state; Provided, That none of said text- 
 books shall contain anything of a partisan or sectarian 
 character. It shall be the duty of said commission to 
 appoint a subcomrnission of five, to be selected from 
 among the teachers, city or county superintendents 
 
 (45) 
 
46 
 
 THE PUBLIC SCHOOIv LAWS OP TENNESSEE. 
 
 Sub-commis- 
 sion author- 
 ized. 
 
 Duties of sub- 
 commission. 
 
 actually engaged in the school business in this state, pro- 
 vided that not more than one of these shall be taken from 
 any congressional district, to whom shall be referred all 
 books sent to the state text-book commission as speci- 
 men copies, or samples, upon which bids are to be based, 
 and it shall be the duty of said subcornmission, in execu- 
 utive session, to examine and report upon the merits of 
 the books, irrespective of the price, taking into consider- 
 ation the subject-matter of the books, their printing, their 
 material and mechanical qualities, and their general suit- 
 ability and desirability for the purposes for which they 
 are desired and intended. It shall further be the duty of 
 said subcommission to report to the commission at such 
 time as said commission shall direct, arranging each book 
 in its class or division, and reporting them in the order 
 of their merit, pointing out the merits and demerits of 
 each book, and indicating what book they recommend for 
 adoption first ; what book is their second choice ; what 
 their third choice, and so on, pursuing this plan with the 
 books submitted upon each branch of study. And if said 
 subcommission shall consider different books upon the 
 same subject, or of the same class or division, of approx- 
 imately equal merit, all things being considered, they shall 
 so report, and if they consider that any of the books offered 
 are of such class as to make them inferior and not worthy 
 of adoption, they shall, in their report, so designate such 
 books, and in said report they shall make such recom- 
 mendations" and suggestions to the commission as they 
 shall deem advisable and proper to make. Said report 
 shall be kept secret and sealed up and delivered to the 
 secretary of the commission, and said report shall not be 
 opened by any member of the commission until the com- 
 mission shall meet in executive session to open and con- 
 sider the bids or proposals of publishers, or others, desir- 
 ing to have books adopted by said commission. Each 
 member of said subcommission, before entering upon the 
 discharge of his duties, shall take and subscribe to an 
 oath to act honestly, conscientiously, and faithfully, and 
 that he is not directly or indirectly, in any manner inter- 
 ested in any of the proposed contracts, nor in any book, 
 or publishing concern publishing any books of the kind or 
 character contemplated for use in the public schools of 
 
THE PUBLIC SCHOOL LAWS OF TWiW^asMl^^ 47 
 
 this or any other state, and that he will examine all books 
 submitted carefully and faithfully and make true report 
 thereon, as herein directed and prescribed. Said oath 
 shall be filed in the office of the secretary of state. Said 
 text-book commission shall hear and consider said report 
 in its selection and adoption of the uniform series of text- 
 books, and shall also themselves consider the merits of 
 the books, taking into consideration their subject-matter, 
 the printing, binding, material and mechanical qualities, 
 and their general suitability and desirability for the pur- 
 poses intended, and the price of said books, and they 
 shall give due consideration and great weight to the 
 report and recommendations of said subcommission ; 
 Provided, That no text-book the subject matter of which 
 is of inferior quality, shall be adopted by the text-book 
 commission. Said commission shall select and adopt such 
 books as will, in their best judgment, accomplish the ends 
 desired, and they are hereby authorized and directed, in AS to selection 
 
 of books 
 
 case any book or books are deemed by them suitable for 
 adoption, and more desirable than other book or books of 
 the same class or division submitted, and they further 
 consider the price at which such book or books are offered 
 to be unreasonably high, and that it should be offered at 
 a smaller price, to immediately notify the publisher or 
 offerer of such book or books of their decision, and 
 request such reduction in price as they deem reasonable 
 or just, and if they and such publisher shall agree on a 
 price, they may adopt this book or books, but if not, they 
 shall use their own sound judgment and discretion whether 
 they will adopt that, or the book or books deemed by 
 them next best in the list submitted. And when said 
 text-book commission shall have finished with the report 
 of said subcommission, the said report shall be filed and 
 preserved in the office of the state superintendent of pub- 
 lic instruction, and shall be opened at all times for public 
 inspection. 
 
 SEC. 2. Said text-book commission shall, immediately 
 after the passage of this act, meet and organize, the gov- HOW the 
 ernor being ex-officio president of the commission, and 
 the commission shall elect its secretary. As soon as prac- 
 ticable, not later than thirty days after its organization, 
 the commission shall advertise, in such manner, ( and for 
 
48 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Bids to be ad- 
 vertised for. 
 
 Requirements 
 of bidders. 
 
 Procedure of 
 commission. 
 
 such length of time, and at such places, as may be deemed 
 advisable, that at a time and place fixed definitely in said 
 advertisement, sealed bids or proposals will be received 
 from the publishers of school text-books for furnishing 
 books to the public schools in the State of Tennessee, 
 through agencies established by said publishers in the 
 several counties, and places in counties, in the state, as 
 may be provided for in such regulations as said commis- 
 sion may adopt and prescribe. The bids or proposals to 
 be for furnishing the books for a period of five years, 
 and no longer, and that no bid for a longer period would 
 be considered. Said bid or bids shall state specifically and 
 definitely the price at which the book or books will 
 be furnished, and shall be accompanied by one or more 
 specimen copies of each and every book proposed to be 
 furnished, and it shall be required of each bidder to 
 deposit with the treasurer of the state a sum of money 
 such as the commission may require, not less than five 
 hundred ($500) dollars, nor more than twenty-five hun- 
 dred ($2,500) dollars, according to the number of books 
 each bidder may propose to supply, and notice shall further 
 be given in said advertisement that such deposits shall be 
 forfeited absolutely to the state if the bidder making the 
 deposit of any sum shall fail, or refuse, to make and exe- 
 cute such contract and bond as is hereinafter required, 
 within such time as the commission may require, which 
 time shall also be stated in said advertisement. All bids 
 shall be sealed and deposited with the secretary of state 
 to be by him delivered to the commission when they are 
 in executive session, for the purpose of considering the 
 same, when they shall be opened in the presence of the 
 commission. 
 
 SEC. 3. It shall be the duty of the said text-book com- 
 mission to meet at the time and place designated in such 
 notice, or advertisement, and take out the sample or 
 specimen copies submitted, upon which the bids are based, 
 and refer and submit these to the subcominission, as pro- 
 vided for and directed in section 1 of this act, with instruc- 
 tions to said subcommission to report back to them at a 
 time specified, with their report, classification, and recom- 
 mendations, as provided in section 1. When the said 
 report is submitted it shall be the duty of the said text- 
 
THK PUBLIC SCHOOL LAWS OF TENNBSSKK. 49 
 
 book commission to meet in executive session, to open 
 and examine all sealed proposals submitted and received 
 in pursuance of the notice of advertisement provided for 
 in section 2 of this act. It shall then be the duty of said 
 commission to examine and consider carefully all such 
 bids or proposals, together with the report and recom- 
 mendations of the subcoinmissiou, and determine in the 
 manner provided in section 1 of this act what book or 
 books, upon the branches herein above mentioned, shall what shall be 
 be selected for adoption, taking into consideration the 
 size, quality as to subject-matter, material, printing, bind- 
 ing, and the mechanical execution and price, and the 
 general suitability for the purpose desired and intended j 
 Provided, however, That all books selected or adopted shall 
 be written or printed in English. After their selection for 
 adoption shall have been made, the said commission shall, 
 by registered letter, notify the publishers, or proposers, 
 to whom the contracts have been awarded, and it shall Att0 rney-Gen- 
 then be the duty of the attorney-general of the state to e rJ 1 are^coif- to 
 prepare the said contract or contracts in accordance with tracts - 
 the terms and provisions of this act, and the said contract 
 shall be executed by the governor and secretary of state, 
 with the seal of the state attached upon the part of the 
 State of Tennessee, and the said contract shall be exe- 
 cuted in triplicate, one copy to be kept by the contractor, 
 one copy by the secretary of the text-book commission, 
 and copied in full in the minute book of said commission, 
 and one copy to be filed in the office of the secretary of state. 
 At the time of the execution of the contract aforesaid, 
 the contractor shall enter into a bond in the sum of not 
 less than ten thousand dollars, nor more than thirty 
 thousand dollars, payable to the State of Tennessee, the 
 amount of said bond within said limits, to be fixed by said 
 commission, conditioned for the faithful, honest, and exact 
 performance of his contract, and shall further provide for 
 the payment of reasonable attorneys' fees in case of recov- 
 ery in any suit upon the same, with three or more good 
 and solvent sureties, actual citizens and residents of the 
 State of Tennessee, or any guarantee company authorized 
 to do business in the State of Tennessee may become the 
 surety on the said bond, and it shall be the duty of the 
 attorney-general to prepare and approve said bondj 
 
50 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Bond may be 
 sued on from 
 time to time. 
 
 Forfeiture for 
 failure to ob- 
 serve contract. 
 
 Recoveries to 
 go to school 
 fund. 
 
 Books must 
 come up to 
 samples. 
 
 Provided, however, That said bond shall not be exhausted 
 by a single recovery, but may be sued on from time to 
 time, until the full amount thereof shall be recovered, and 
 the said commission may, at any time, by giving thirty 
 days' notice, require additional security or additional bond 
 within the limits prescribed. And when any persons, firm, 
 or corporation shall have been awarded a contract, and 
 submitted therewith the bond, as required hereunder, the 
 commission, through its secretary, shall so inform the 
 treasurer of the state, and it shall then be the duty of the 
 treasurer to return to such contractor the cash deposit 
 made by him, and the said commission through its secre- 
 tary, shall inform the treasurer of the names of the 
 unsuccessful bidders or proposers, and the treasurer shall, 
 upon receipt of this notice, return to them the amount 
 deposited in cash by them at the time of the submission 
 of their bids. But should any person, firm, company, or 
 corporation fail or refuse to execute the contract, and 
 submit therewith his bond as required by this act within 
 thirty days of the awarding of the contract to him, and 
 the mailing of the registered letter containing the notice, 
 provided the mailing of the registered letter shall be 
 sufficient evidence that the notice was given and received, 
 the said cash deposit will be deemed, and is hereby 
 declared, forfeited to the State of Tennessee, and it shall 
 be the duty of the treasurer to place said cash deposit in 
 the treasury of the state, to the credit of the school fund j 
 And provided further, That any recovery had on any 
 bond, given by any contractor, shall inure to the benefit 
 of the school fund of the state and counties, and when 
 collected shall be placed in the treasury to the credit of 
 the school fund, and be prorated among the several 
 counties of the state. 
 
 SEC. 4. The books furnished under any contract shall 
 at all times, during the existence of the contract, be equal 
 to, in all respects, the specimen or sample copies furnished 
 with bids; and it shall be the duty of Secretary of State 
 to carefully preserve in his office, as the standards of 
 quality and excellence to be maintained in such books, 
 during the continuance of such contract, the specimen or 
 sample copies of all books which have been the basis of 
 any contract, together with the original bid or proposal. 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 51 
 
 It shall be the duty of all contractors to print plainly 
 
 on the back of each book the contract price as well 
 
 as the exchange price at which it is agreed to be 
 
 furnished, but the books submitted as sample or 
 
 specimen copies with the original bids shall not have 
 
 the price printed on them before they are submitted 
 
 to the subcommission. And the said text-book commis- Prices must 
 
 sion shall not. in any case, contract with any person, those charged 
 
 clsGwhcrG 
 
 publisher, or publishers, for the use of any book or books under like con- 
 which are to be or shall be sold to patrons for use in any 
 public school in this State, at a price above or in excess of 
 the price at which such book or books are furnished by 
 said person, publisher, or publishers, under contract to 
 any state, county, or school district in the United States, 
 under like conditions prevailing in this State, and under 
 this act. And it shall be stipulated in each contract that 
 the contractor has never furnished, and is not now furnish- 
 ing under contract, any state, county, or school district, in 
 the United States, where like conditions prevail as are pre- 
 vailing in this State, and under this act, the same book or 
 books as are embraced in said contract, at a price below 
 or less than the price stipulated in the said contract. 
 And the said commission is hereby authorized and directed, 
 at any time they may find that any book or books have 
 been sold at a lower price under contract to any state, 
 county, or school district aforesaid, to sue upon the bond authorized to 
 
 act if excess 
 
 of said contractor, and recover the difference between the price is 
 contract price and the lower price at which they find the 
 book or books have been sold. And in case any con- 
 tractor shall fail to execute specifically the terms and pro- 
 visions of his contract, said commission is hereby author- 
 ized, empowered, and directed to bring suit upon the bond 
 of such contractor, for the recovery of any and all damages, 
 the suit to be in the name of the State of Tennessee, and the 
 recovery for the benefit of the public school fund. But 
 nothing in this act shall be construed so as to prevent 
 said commission and any contractor agreeing thereto, from 
 in any manner changing or altering any contract, provided contract may 
 four members of the commission shall agree to the change 
 and think it advisable and for the best interests of the 
 public schools of this State. In all other matters a 
 majority of said commission shall control. 
 
52 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 State not 
 liable. 
 
 Books now in 
 use may be ex- 
 changed. 
 
 Any bid may 
 be rejected. 
 
 Bids may be 
 readvertised 
 for. 
 
 Manuscript of 
 books may be 
 considered. 
 
 SEC. 5. It shall be always a part of the terms and con- 
 ditions of every contract made in pursuance of this act 
 that the State of Tennessee shall not be liable to any con- 
 tractor, in any manner, for any sum whatever, but all such 
 contractors shall receive their pay or consideration in 
 compensation solely and exclusively derived from the pro- 
 ceeds of the sale of books, as provided for in this act; 
 Provided further, That the commission shall stipulate in 
 the contract for the supplying of any book or books as here- 
 in provided, that the contractor or contractors shall take up 
 the school books now in use in this State, and receive the 
 same in exchange for new books at a price not less than 
 fifty per cent, of the contract price. And each person or 
 publisher making a bid for the supplying of any book or 
 books hereunder shall state in such bid or proposal the 
 exchange price at which such book x>r books will be 
 furnished. 
 
 SEC. 6. The text-book commission shall have and 
 reserve the right to reject any and all bids or proposals if 
 they shall be of opinion that any or all should, for any 
 reason, be rejected. And in case they fail, from among 
 the bids or proposals submitted, to select or adopt any 
 book or books, upon any of the branches mentioned in 
 section 1, of this act, they may readvertise for sealed bids or 
 proposals under the same terms and conditions as before, 
 and proceed in their investigation in all respects as they did 
 in the first instance, and as required by the terms and pro- 
 visions of this act, or they may advertise for sealed bids 
 or proposals from authors or publishers of text-books who 
 have manuscripts of books not yet published, for prices at 
 which they will publish and furnish in book form, such 
 manuscripts, or for prices at which they will sell such 
 manuscripts, together with the copyright .of such books, 
 for use in the public schools in Tennessee, proceeding in 
 all respects in like manner as before; And provided, That 
 before accepting or rejecting any manuscript, it shall be 
 their duty to take the manuscript and to advertise for 
 sealed bids or proposals for publishing the same in book 
 form, in like manner as hereinbefore provided for, and 
 under the same restrictions and conditions, and the 
 contract may be let for the publication of all such books, 
 or for any one or more separately; And provided further , 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 53 
 
 That the State itself shall not, under any circumstances, 
 enter into any contract binding it to pay for the publica- Publisher of 
 tion of any book or books, but in the contract with the SSJSS&yaii 
 owner of the manuscript it shall be provided that he shall ex P enses - 
 pay the compensation to the publisher for the publication 
 and putting in book form the manuscript, together with 
 the costs and expense of copyrighting the same; And 
 provided further, That in all cases bids or proposals shall 
 be accompanied with the cash deposit of from five 
 hundred dollars to twenty-five hundred dollars, as the 
 commission may direct, and as provided in section 2, of cash deposit, 
 this act. And it is further expressly provided that any 
 person, firm, or corporation now doing business, or pro- 
 posing to do business, in the State of Tennessee, shall 
 have the right to bid for the contract to be awarded here- 
 under, in manner as follows: In response to the adver- . 
 
 How bids shall 
 
 tisement, when made as hereinbefore provided, said fee submitted, 
 person, firms, or corporation may submit a written bid or 
 bids to edit or have edited, publish and supply for use in 
 the public schools in this State, any book or books pro- 
 vided for hereunder, provided that instead of filing with 
 said bid or proposal a sample or specimen copy of each 
 book proposed to be furnished, he may exhibit to the 
 commission in manuscript or printed form the matter 
 proposed to be incorporated in any book, together with 
 such a description and illustration of the form and style 
 thereof, as will be fully intelligible and satisfactory to the 
 said commission, or they may submit a book or books, 
 the equal of which, in every way, they propose to furnish, 
 and they shall accompany their bid or proposal with the 
 cash deposit hereinbefore provided for, and shall enter 
 into contract and bond as hereinbefore provided, except 
 that the bond may be, in this instance, increased to fifty 
 thousand dollars; Provided, That all books and manu- 
 scripts offered shall be examined and reported upon by 
 the subcom mission provided for in section 1, of this act. 
 
 SEC. 7. As soon as said commission shall have entered 
 into a contract or contracts for the furnishing or supply- 
 ing of books for use in the public schools in this State, it 
 shall be the duty of the Governor to issue his proclama- 
 tion announcing such fact to the people of the State. 
 
 SEC. 8. The party or parties with whom the contract 
 
54 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 D r e ovided r for 
 
 Books to be 
 
 shall be made shall establish and maintain in some one 
 city in each of the three grand divisions of the State, a 
 depository, to be designated by the commission, where a 
 stock or supply of the books sufficient to meet all immedi- 
 ate demands, shall be kept. There shall also be main- 
 tained in each county in the State, provided the commis- 
 sion shall deem it advisable, and so demand, not less than 
 one nor more than four agencies, for the distribution of 
 the books to the patrons, or the contractor shall be per- 
 mitted to make arrangements with merchants or others 
 for the handling and distribution of the books, and parties 
 living in a county where no agency has been established, 
 or no arrangements made for distribution, may order the 
 same from one of the depositories, and it shall be the duty 
 of the contractor to deliver any book or books so ordered, 
 to the person ordering, to his post-office address, freight, 
 express, postage, or other charges prepaid, at the retail 
 contract price, provided the price of the book or books 
 so ordered shall be paid in advance. All books shall be 
 s ld to the consumer at the retail contract price, and in 
 each book shall be p rint ed the following: "The price 
 fixed hereon is fixed by State contract, and any deviation 
 therefrom shall be reported to your County Superintend- 
 ent of Public Instruction, or the State Superintendent at 
 Nashville." And it is expressly provided that should any 
 party contracting to furnish books as provided for in this 
 act, fail to furnish them, or otherwise breach his contract, 
 in addition to the right of the State to sue on the bond 
 herein above required, the chairman of the County Court 
 Recovery for or County Judge may sue in the name of the State of 
 price! 1011 as to Tennessee, in any court of his own, or any other county 
 having jurisdiction, and recover on the bond given by the 
 contractor, the full value of the books so failed to be 
 furnished, for the use and benefit of the school fund of 
 the County; Provided, That the right of action given to the 
 Chairman or County Judge shall be limited to breaches of 
 the contract committed in this county; And provided 
 further. That in all cases service of process may be had 
 and deemed sufficient on any agent of the contractor in 
 the county, or if no agent is in the county, then service 
 may be had on the agent in charge of any depository, and 
 
 contract price. 
 
THE PUBLIC SCHOOL LAWS OF TENNESSEE. 55 
 
 this service shall be and stand in the place of service on 
 the defendant contractor. 
 
 SEC 9. Said commission may from time to time make 
 any necessary regulations not contrary to provisions of this 
 act, to secure the prompt distribution of the books herein 
 provided for, and the prompt and faithful execution of all SafnSin its to 
 contracts, and it is expressly now provided that said com- 
 mission shall maintain its organization during the five 
 years of the continuance of the contract, and after the 
 expiration of the same to renew such of them as they 
 deem advisable, or readvertise for new bids or proposals, 
 as required by this act in the first instance, and enter into 
 such other contracts as they may deem for the best 
 interests of the patrons of the public schools of the State, 
 provided any contract entered into or renewed shall be for 
 the term of five years. 
 
 SEC. 10. As soon as practicable after the adoption pro- 
 vided for in this act, the state superintendent shall issue 
 a circular letter to each city and county superintendent nounce books 
 
 , , , , , selected to 
 
 in the state, and to such others as he may desire to send county super- 
 it, which letter shall contain the list of books adopted, 
 the prices, location of agencies, and method of distribu- 
 tion, and such other information as he may deem 
 necessary. 
 
 SEC. 11. As soon after the passage of this act as may 
 be practicable, and the commission shall deem advisable, 
 the books adopted as a uniform system of text-books, B ooks adopted 
 shall be introduced and used as text-books, to the exclusion ciustveiy d ex " 
 of all others in all the public free schools in this State; 
 Provided, That nothing herein shall be construed to pre- 
 vent the use of supplementary books, but such supple- 
 mentary books shall not be used to the exclusion of the 
 books prescribed or adopted under the provisions of this 
 act; And provided further, That nothing in this act shall 
 be construed to prohibit the use in public schools of any 
 text- book upon any branch mentioned in section 1, of this 
 act, where the commission shall not select or adopt a 
 book for that branch or subject; And provided further, 
 That nothing in this act shall prevent the teaching in any AS to higher 
 
 , T branches. 
 
 school any branch higher or more advanced than is 
 embraced in section 1, of this act, nor the using of any 
 book upon such higher branch of study, provided that 
 
56 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Where no con- 
 tract is made 
 or contractor 
 fails to furnish 
 books. 
 
 Violation of 
 this act a mis- 
 demeanor. 
 
 Penalty of 
 teacher for 
 failure to use 
 books adopted. 
 
 Penalty of 
 agent for vio- 
 lation of this 
 law. 
 
 Appropriation 
 for carrying 
 act into effect. 
 
 Pay of mem- 
 bers of sub- 
 commission. 
 
 such higher branches shall not be taught to the exclusion 
 of branches mentioned and set out in section 1, of this act. 
 
 SEC. 12. Nothing herein shall be construed to prevent 
 or prohibit the patrons of the public schools throughout 
 the state from procuring books in the usual way in case 
 no contract shall be made, or the contractor fails or 
 refuses to furnish the books provided for in this act, at 
 the time required for their use in the respective schools. 
 
 SEC. 13. Any person or teacher violating the provisions 
 of this act shall become guilty of a misdemeanor, and 
 upon conviction, punished by a fine of not less than 
 ten dollars, nor more than fifty dollars. 
 
 SEC. 14. Any teacher who shall use, or permit to be 
 used, in his or her school, any text-book upon the branches 
 embraced in this act, where the commission has adopted 
 a book upon that branch, other than the one so adopted, 
 shall be guilty of a misdemeanor, and upon conviction, 
 punished as provided for in section 13 of this act. 
 
 SEC. 15. Any dealer, clerk, or agent, who shall sell any 
 book for a greater sum than the contract price, shall be 
 guilty of a misdemeanor, and upon conviction shall be 
 punished as provided for in section 13 of this act. 
 
 SEC. 16. The sum of one thousand dollars, or so much 
 thereof as may be necessary to be paid out of the public 
 school fund, be, and is hereby, appropriated for the pur- 
 pose of paying the cost and expense of carrying into 
 effect the provisions of this act. 
 
 SEC. 17. Said text-book commission shall serve with- 
 out compensation, and members of the subcominission of 
 five shall be paid a per diem of four dollars per day dur- 
 ing the time they are actually engaged, not to exceed 
 thirty days, and in addition shall be repaid all money 
 actually expended by them in the payment of necessary 
 expenses, to be paid out of the public school fund, and 
 they shall make out and swear to an itemized statement 
 of such expenses. 
 
Laws Which Relate Only to the City of Memphis. 
 
 SEC. 57. All revenue arising from assessments on real 'n Ch&p ' 84 
 and personal property, privileges and polls, levied on 
 account of public schools or public education in the tax- 
 ing districts, shall be for the use and benefit of the public 
 schools in the taxing districts, and when the tax is col- 
 lected, it shall be paid over weekly to the Treasurer of 
 the Board of Education of the taxing district. 
 
 SEC. 58. (1) The office of members of the Board of ^d^Edu- 
 Education be, and the same is hereby, abolished in all cation changed 
 
 to School Com- 
 
 taxiug districts organized prior to the year 1882, where missioners in 
 
 taxing districts 
 
 there is an incorporated system of public schools, and 
 instead thereof the office of School Commissioner is hereby 
 created. The Board of Education for each of said incor- 
 porated systems of public schools shall hereafter be com- 
 posed of five School Commissioners, who shall be selected 
 from said taxing district at large where said incorporated 
 system of schools is respectively located. 
 
 (2) Said Commissioners shall be elected by the quali- f e 1 r e m i of n s a c 1 hooi 
 fied voters of such taxing district, and their election shall commissioners 
 take place at the same time and place as that of the officers 
 
 of said taxing districts, at the first election to take place 
 on the first Thursday after the first Monday in January in 
 the year 1884. Three of said Commissioners shall be 
 elected for two years, and two for four years, and there- 
 after said Commissioners shall be elected for a term of 
 four years. 
 
 (3) The Governor of the State of Tennessee shall imme- 
 diately, on the passage of this act, appoint five School 
 Commissioners for each of such taxing districts, by and 
 with the advice and consent of the Senate, who shall hold 
 their offices until their successors are elected and quali- 
 fied, as prescribed in this act. 
 
 (4) The School Commissioners shall fill all vacancies vacancies, 
 which shall occur in the offices of School Commissioner by 
 
 death, resignation, removal, or otherwise, and the Com- 
 missioner so elected to fill a vacancy shall hold his office 
 
 (57) 
 
58 
 
 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 Bond of Com- 
 missioners. 
 
 Salary of Com 
 missioners. 
 
 until the next election thereafter of taxing district officers, 
 when his successor shall be elected and qualified. 
 
 (5) Each one of the five Commissioners shall enter into 
 bonds in -the sum of $5,000, with two good and sufficient 
 sureties, which bond shall be approved, in writing, by and 
 filed with the President of the taxing district for the faithful 
 performance of their duties, and the President of the board 
 shall also enter into an additional bond of $5,000, secured, 
 approved, and filed in like manner, for the faithful perform- 
 ance of his duties as President. The President of the 
 board shall receive a salary not to exceed five hundred 
 dollars per annum, payable in equal monthly payments; 
 and each one of the other Commissioners shall receive a 
 salary not to exceed two hundred dollars per annum, pay- 
 
 Quaiifications . able in like manner. They shall be citizens of said taxing 
 district. Each Commissioner shall be a man of good moral 
 character and temperate habits; he shall be able to read 
 and write, and shall have a general knowledge of the 
 common branches of learning sufficient to enable him to 
 judge of the qualification of teachers; he shall not hold 
 any office or position for pay or compensation in the 
 employment of the Board of Education, except the office 
 of Secretary, Treasurer, or census taker; nor shall he be 
 interested, directly or indirectly, in any contract or busi- 
 ness of said board. The Board of Education shall be the 
 judge of the qualification of its own members. 
 
 (6) Said five Commissioners shall each have and pos- 
 sess all the powers and privileges which have heretofore 
 been conferred on a member of said Board of Education, 
 except where said powers and privileges have herein 
 been restricted and modified. Three Commissioners, when 
 regularly assembled in session, shall constitute a quorum 
 for the transaction of business, but not otherwise. 
 
 (7) Said Commissioners shall, immediately on their 
 appointment, organize respective Boards of Education by 
 electing a President and Vice-President from among their 
 number, and by electing a Superintendent who is not a 
 School Commissioner, and by electing a Secretary and 
 Treasurer. The Secretary and Treasurer may be School 
 Commissioners, or they may be citizens who are not School 
 Commissioners, as the said Boards of Education thus con- 
 stituted and controlled by such Commissioners shall, in 
 
 Powers and 
 privileges. 
 
 Organization 
 and officers. 
 
THK PUBLIC SCHOOIv LAWS OF TKNNKSSKK. 59 
 
 their discretion, see proper. Said Boards of Education By-laws, 
 shall enact by-laws for their government. They shall pay salaries, 
 their Superintendent a salary not exceeding twenty-five 
 hundred dollars per annum, and Secretary a salary not 
 exceeding eighteen hundred dollars per annum. 
 
 !N"OTE. The word eighteen was substituted for twelve by amend- 
 ment, Acts 1891, Chap. 59. 
 
 (8) The said Boards of Education shall keep .the scholas- 
 tic census required by law in a well-bound book, in which 
 shall be entered the name, age, color, and sex of each per- 
 son of scholastic age. Said Boards of Education shall, in 
 no case, pay for taking said census more than two cents 
 for each person of scholastic age numerated in said census 
 return. Said census returns, when taken, and before their 
 adoption, shall be referred to a special committee of three 
 Commissioners, who shall compare said return with the 
 total population of such taxing district, and with the census 
 return of preceding years, and with other data and sta- 
 tistics, and they shall report, in writing, to the Board of 
 Education whether or not, in their opinion, the census has 
 been fully and fairly taken. 
 
 (9) The present offices of members of the Board of Edu- 
 cation and School Visitor, Superintendent, Secretary, Treas- 
 urer, teacher, and other employes of said Board of Educa- 
 tion be, and they are hereby, abolished. 
 
 (10) So much of an act, entitled "An act to charter the Acts re P ealed - 
 Memphis City Schools," passed January 27, 1869, and the 
 amendment thereto, passed December 18, 1869, entitled 
 
 "An act to amend an act chartering the Memphis City 
 Schools," passed January 25, 1869, as is in conflict with 
 this act, is hereby repealed. 
 
 NOTE. Chapter 273, Acts 1899, authorizes incorporated Boards of 
 Education in cities or taxing districts to issue bonds for school pur- 
 poses. 
 
 (11) Hereafter children being within the age now re- 
 quired by law, and residing within one-half a mile of the 
 limits of the city of Memphis, as said limits now are, or 
 may be hereafter fixed, shall be received in and have the 
 right to attend, free of tuition, the public schools inside 
 the city of Memphis, nearest to their respective places of 
 
60 THE PUBLIC SCHOOL LAWS OF TENNESSEE. 
 
 residence, for five years, from date of the passage of this 
 bill. 
 
 An Act of 1899 transfers to School Commissioners or 
 Board of Education all public school property and funds 
 of the annexed territory. 
 
CLASSIFIED LIST 
 
 OF 
 
 Leading Decisions of the Supreme Court, 
 
 CONSTRUING THE SCHOOL LAWS. 
 
 I. _ COUNTY SUPERINTENDENT. % 
 
 Decision of County Court final in fixing salary, 6 Lea, 501, Haile v. Young. 
 II. DISTRICT DIRECTORS. 
 
 Election Illegal Directors. 12 Lea, 486, Meadows v. Nesbitt. 
 
 Contested Election County Court Decides, 12 Lea, 30, State v. Burchfield. 
 
 Removal from Office. 3 Tenn. Ch'y Rep., 177, State v. Leonard. 
 
 Contracts with, and pay and dismissal of teachers. 5 Lea, 526, Parker v. 
 
 School District ; 12 Lea, 486, Meadows v. Nesbitt ; 10 Lea, 344, Crawley 
 
 v. Leonard ; 10 Lea, 219, Morley v. Power; 5 Lea, 692, Morley v. Power 
 
 5 Lea, 265, Bayless v. Driskell. 
 Violation of Section 19 of school laws a misdemeanor. 9 Baxter, 559, 
 
 State v. Keeton. 
 Power to regulate the suspension or dismissal of pupils. 5 Lea, 526, 
 
 Parker v. School District. 
 
 III. SCHOOL DISTRICTS. 
 
 Debt of Directors binds successors, although district organization 
 changed. 3 Tenn. Ch'y Rep., 556, Shankland v. Phillips; 6 Lea, 273, 
 Bank v. Baber. 
 
 NOTE. Since the decision in the case of Rodemer v. Mitchell, 6 Pickle, 65, the Legis- 
 lature of 1891 has, by statute, empowered the County Court to create new school districts. 
 
 IV. TEACHERS. 
 
 Power of Directors to employ, control, and dismiss teachers. (See 
 Directors.) 5 Lea, 692, Morley v. Power ; 5 Lea, 526, Parker v. School 
 District ; 10 Lea, 219, Morley v. Power ; 10 Lea, 344, Crawley v. Leonard ; 
 12 Lea, 486, Meadows v. Nesbitt; 9 Baxter, 559, State v. Keeton. 
 
 Employment of minors. 12 Lea, 30, State v. Burchfield. 
 
 Pay of teachers. 10 Lea, 219, Morley v. Power; 10 Lea, 344, Crawley v. 
 Leonard ; 5 Lea, 265, Bayless v. Driskell ; 6 Lea, 274, Bank v. Baber. 
 
 Power of teachers to suspend and punish pupils. 3 Head, 425, Anderson v. 
 State; 5 Lea, 526, Parker v. School District; 3 Leg. Rep., 19, State v. 
 Yon Straris. 
 
 (61) 
 
62 THE PUBLIC SCHOOL LAWS OF TKNNKSSKK. 
 
 V. COUNTY TRUSTEE. 
 
 Liability. 5 Lea, 265, Bayless v. Driskell ; 6 Lea, 276, Bank v. Baber. 
 
 May be sued. 9 Lea, 168, Bedwell v. Jones ; 14 Lea, 536, Jernegan v. Gray. 
 
 Entitled to only one and one-half per cent of fees. 6 Pickle, 741, Monroe 
 
 County v. Hudson. 
 
 NOTE. The Assessment Act for 1891, Extra Session, Chap. 26, Sec. 19, raising anew the 
 question decided in above case, being an amendment to the act of 1889, Chapter 96. was 
 repealed by the act of 1895, Chap. 120, Sec. 117, page 246, and leaves the commission of the 
 Trustee at one and one-half per cent on school money collected from taxpayers, and at 
 one per cent on all school moneys received from other sources, and paid out according to 
 law. 
 
 VI. SCHOOL WARRANTS. 
 
 How issued. 10 Lea, 219 ; Morley v. Power ; 5 Lea, 265, Bayless v. Driskell. 
 Not negotiable, do not bear interest, subject to statute of limitations, 
 
 etc., and Trustee's duty. 5 Lea, 265, Bayless v. Driskell ; 6 Lea, 274, 
 
 Bank v. Baber. 
 
 VII. SCHOOL TAXES. 
 
 County Court may levy tax equal to entire State tax at any term of 
 court. 5 Lea, 708, Railroad v. Franklin County ; 7 Lea, 309, Bright v. 
 Halloman. 
 
 VIII. SCHOOLS OF MUNICIPAL CORPORATIONS. 
 
 May levy tax, and may admit children residing outside the corporation. 
 15 Lea, 633, Ballentine v. Pulaski. 
 
 IX. PROCEDURE IN COURTS. 
 
 Teacher can not sue Comptroller. 10 Lea, 576, Yost v. Gaines. 
 
 County Trustee may be sued. 9 Lea, 168, Bedwell v. Jones ; 14 Lea, 536, 
 
 Jernegan v. Gray. 
 Cases where mandamus will lie. 5 Lea, 265, Bayless v. Driskell ; 5 Lea, 692 
 
 Morley v. Power ; 6 Lea, 274, Bank v. Baber. 
 County Court decides contested election of Directors. 12 Lea, 30, State v. 
 
 Burchfield. 
 Removal of Director. 3 Tenn. Ch'y Rep., 177, State v. Leonard. 
 
 X. OATH MUST BE TAKEN BY ALL OFFICERS MISDEMEANOR 
 TO ENTER ON OFFICE WITHOUT IT. 
 
 Constitution, Art. 10, Sec. 1 ; M. & V. Code, Art. 2, Sees. 940, 941, 942 
 943, 947, 948 ; 8 Baxter, 591. 
 
 XL CONSTITUTIONAL REQUIREMENT. 
 Constitution, Art. 11, Sec. 12; 5 Hum., 279; 5 Baxter, 1. 
 
IN D KX. 
 
 ATTORNEY-GENERAL. 
 
 Opinion as to taxing districts, second 
 class, sec. 52, note 1, p. 33. 
 
 Opinion as to directors binding suc- 
 cessors, sec. 18, note 2, p. 12. 
 
 BOARD OF EDUCATION. 
 
 See State Board of Education, also 
 County Board of Education. 
 
 BLANK FORMS. 
 
 Distributed by State Superintendent, 
 sec. 7, sub sec. 4, p. 4. 
 
 BRANCHES OF STUDY TAUGHT. 
 List of different studies, sees. 31, 
 32, 33, pp. 21, 22, 23, 24. 
 
 CADETS. 
 
 See University of Tennessee. 
 CENSUS. 
 
 Duty of State Superintendent, sec. 7, 
 
 sub sec. 11, p. 5. 
 Duty of County Superintendent, 
 
 sec. 9, sub sec. 4, p. 8. 
 Duty of School Directors, sec. 20, 
 
 sub sec. 6, p. 14. 
 Duty of District Clerk, sec. 21, sub 
 
 sec. 1, p. 16. 
 
 CERTIFICATES. 
 
 Of qualification by teachers. Sec. 
 
 26, p. 27. 
 To pupils completing the primary 
 
 schools, sec. 32, sub sec. 2, p. 23. 
 
 CITY SCHOOLS. 
 
 See Municipal Corporations. 
 COMPTROLLER. 
 
 To apportion annual school fund, 
 
 sec. 44, p. 27. 
 
 To certify to County Judge or Chair- 
 man date and amount of each 
 warrant to county, sec. 44ft p. 29. 
 
 COUNTY COURT. 
 
 To create and change school districts, 
 
 sec. 22, sub sec. 2, p. 17. 
 Chairman's duty in relation to Bank 
 
 of Tennessee, sec. 43, p. 26. 
 County Superintendent, reports to, 
 
 sec. 9, sub sec. 9, p. 9. 
 Decides on election of Directors, 
 
 sec. 14, p. 11. 
 
 Levies county tax, sec. 39, p. 26. 
 Sheriff certifies election of Directors 
 
 to court, sec. 14, p. 11. 
 
 COUNTY BOARD OF EDUCATION. 
 Creation and duties, pp. 41, 42, 43, 
 
 44. 
 
 How chosen, sec. 3, p. 41. 
 Shall locate County High School 
 
 and make contracts, sec. 7, p. 42. 
 May effect consolidation, sec. 8, 
 
 p. 43. 
 May admit non-residents over age, 
 
 sec. 10, p. 43. 
 COUNTY HIGH SCHOOLS. 
 
 County Court may establish, sec. 1, 
 
 p. 41. 
 
 May have special taxes, sec. 2, p. 41. 
 County Board of Education to con- 
 trol, sec. 3, p. 41. 
 
 Branches to be taught, sec. 4, p. 42. 
 Number of teachers to be employed, 
 
 sec. 5, p. 42. 
 Powers and duties of County Board 
 
 of Education, sees. 7 and 8, pp. 
 
 42, 43. 
 To be under supervision of State 
 
 and County Superintendents, sec. 
 
 9, p. 43. 
 
 Pupils ; how admitted, sec. 10, p. 43. 
 Trustee to keep account of County 
 
 High School fund, sec. 11, p. 44. 
 COUNTY SUPERINTENDENT. 
 
 Elected, how and when, sec. 8, sub 
 
 sec. 1, p. 6. 
 Qualifications, sec. 8, sub sec. 1, 
 
 p. 6. 
 Examination, sec. 8, sub sec. 1, 
 
 pp. 6, 7. 
 Exemption from examination, sec. 
 
 8, sub sec. 1, p. 7. 
 
 Women eligible, sec. 8, sub sec. 2, 
 
 p. 8. 
 Term of office, sec. 8, sub sec. 2, 
 
 p. 6. 
 Prohibited from teaching, sec. 9, 
 
 sub sec. 9a, article 2, p. 10. 
 Contracting as to school property, 
 
 or buying school warrants in 
 
 counties of over 30, 000, sec. 9, sub 
 
 sec. 9a, p. 9. 
 Shall have no pecuniary interest in 
 
 supplying books, etc., sec. 23, pp. 
 
 18, 19. 
 . Misdemeanor in office to teach, sec. 
 
 9, sub sec. 9a, article 2, p. 9. 
 Penalties and forfeitures, sec. 7, p. 
 
 5 ; sec. 9, sub sec. 9a, article 2, 
 p. 10 ; sees. 23, 24, 25, pp. 18, 19; 
 sec. 44#, p. 29. 
 
 (63) 
 
64 
 
 INDEX. 
 
 Oath of office, article 10, p. 62. 
 
 May appoint District Directors in 
 case of vacancy, sees. 16, 17, p. 
 11. 
 
 Duties, sec. 2, sub sec. 1, p. 3 ; sec. 
 9, p. 8 ; sec. 43, p. 27. 
 
 Shall report to State Superinten- 
 dent, sec. 44e, p. 28. 
 
 Salary, sec. 8, sub sec, 1, p. 6. 
 
 Warrants to be countersigned by 
 him, sec. 9, sub sec. 8, p. 9. 
 
 Grading schools, sec. 32, p. 23. 
 
 Shall issue diplomas and certificates 
 to pupils, sec. 32, p. 23. 
 
 County Trustee must report to him, 
 sec. 44a, 44&, 44e, 44d, pp. 27, 28. 
 
 Directors must report to him, sec. 
 20, sub sec. 12, p. 15. 
 
 May appoint persons to make re- 
 ports, sec. 9, sub sees. 3, 4, p. 8. 
 
 Removal, sec. 8, sub sec. 1, p. 6. 
 
 COUNTY TRUSTEE. 
 
 Apportionment from Comptroller, 
 sec. 44, p. 27. 
 
 State poll tax retained and distrib- 
 uted, sec. 36, p. 25. 
 
 State school tax retained and dis- 
 tributed, sec. 38, p. 25. 
 
 County school tax received and dis- 
 tributed, sec. 40, p. 26. 
 
 School money kept separate, sec. 
 41, p. 26 ; sec. 47, p. 31. 
 
 Disbursed by warrants of Directors, 
 sec. 20, sub sec. 10, p. 14. 
 
 Orders by County Directors and 
 Superintendent, sec. 9, sub sec. 
 8. p. 9. 
 
 Unexpended balance not redis- 
 tributed, sec. 42, p. 26. 
 
 Duties in Bank of Tennessee issue, 
 sec. 43, p. 26. 
 
 Settlements to be made quarterly, 
 sec. 44&, p. 27. 
 
 Report to County Superintendent, 
 sec. 44a, p. 27 ; sec. 45, p. 29. 
 
 Report to State Superintendent, 
 sec. 7, sub sec. 8, p. 5. 
 
 Report to Directors, sec. 45, p. 29. 
 
 Bond, sec. 46, p. 29. 
 
 Liability, sec. 47, p. 31. 
 
 May be sued, article 9, p. 62. 
 
 Penalties and forfeitures, sec. 44#, 
 p. 29 ; sec. 47, p. 31. 
 
 Compensation, sec. 46, p. 30. 
 
 Duties as to County High School 
 fund, sec. 2, p. 41 ; sec. 11, p. 44. 
 
 DECISION'S. 
 
 See Supreme Court. 
 
 DIPLOMAS. 
 
 To graduates of normal schools, 
 sec. 54, sub sec. 8, p. 35. 
 
 To pupils completing secondary 
 
 schools, sec. 32, sub. sec. 3, p. 23. 
 DISTRICTS. 
 
 See School Districts. 
 DISTRICT ATTORNEY. 
 
 To conduct prosecutions, sec. 25, 
 
 p. 19. 
 DISTRICT CLERK. 
 
 Duties, sec. 21, p. 16. 
 When chosen, sec. 18. p. 11. 
 Compensation for services, sec. 21, 
 
 sub sec. 5, pp. 16, 17, see note. 
 To report to County Superintendent, 
 
 sec. 21, sub sec. 5, p. 16. 
 Teachers must report to Clerk, sec. 
 
 27, p. 20. 
 Penalties and forfeitures, sees. 23, 
 
 24, 25, pp. 18, 19. 
 Pay withheld for failure to report, 
 
 sec. 20, sub sec. 12, p. 15 ; sec. 
 
 21, sub sec. 5, p. 17. 
 County Superintendent's duty, in 
 
 case of failure, sec. 21, sub sec. 1, 
 
 note 2, p. 16. 
 DISTRICT DIRECTORS. 
 
 When and how elected, sees. 10, 12. 
 
 pp. 10, 11; sec. 18, p. 12. 
 Who eligible, sec. 11, p. 10. 
 Sheriff holds election and certifies to 
 
 County Court, sees. 13, 14. 
 Failure to elect, sec. 16, p. 11. 
 Yacancy, sec. 17, p. 11. 
 County Superintendent appoints, 
 
 sees. 16, 17, p. 11. 
 Term of office, sec. 10, p. 20. 
 Oath of office, sec. 18, note 3, p. 12. 
 County Court decides contested 
 
 elections, sec. 14, note, p. 11. 
 Hold till successors qualified, sec. 15, 
 
 p. 11. 
 Enter upon office, when, sec. 18, 
 
 p. 11. 
 Meetings, sec. 18, p. 11; sec. 20, 
 
 sub sec. 7, p. 14. 
 Penalties and forfeitures, sees. 23, 
 
 24, 25, pp. 18, 19. 
 Misdemeanor, sees. 18, 19, pp. 12, 
 
 13. 
 Duties, sec. 2, sub sec. 1, p. 3 ; sec. 
 
 20, p. 13 ; sec. 31, p. 21. 
 May subdivide districts, sec. 22, sub 
 
 sec. 3, p. 18. 
 May make contracts, sec. 20, p. 13 ; 
 
 sec. 28, p. 20. 
 Illegal contracts, sec. 18, note 2, 
 
 p. 12 ; sec. 19, pp. 12, 13. 
 Contracts to begin after expiration 
 
 of term, sec. 18, p. 12. 
 Power to employ and dismiss teach- 
 ers, sec. 20, sub sec. 3, p 13. 
 Contracts with other districts, sec. 
 
 30, p. 20. 
 
INDEX. 
 
 65 
 
 Contracts for consolidated schools, 
 
 sec. 33, p. 24. 
 Contracts for primary and secondary 
 
 schools, sec. 31, p. 21. 
 Length of time school shall be run 
 
 each year, sec. 20, sub sec. 3, 
 
 note 5, p. 13. 
 Certificates and diplomas to pupils, 
 
 sec. 32, p. 23. 
 Keport to County Superintendent, 
 
 sec. 20, sub sec. 12, p. 15. 
 Report from Trustee, sec. 45, p. 29. 
 Reports from teachers, sec. 27, p. 20. 
 Power to suspend and dismiss pupils, 
 
 sec. 20, sub sec. 4, p. 14. 
 Debt of Directors binds successors, 
 
 article 3, p. 61. 
 
 Illegal Directors, article 3, p. 61. 
 Removal from office, article 3, p. 61. 
 
 EXAMINATIONS. 
 
 Of County Superintendent before 
 
 election, sec. 8, p. 6. 
 County Superintendent to examine 
 
 teachers, sec. 9, sub sec. 4, p. 8. 
 Graduates of normal schools exempt, 
 
 sec. 54, sub sec. 8, p. 35. 
 
 EXAMINERS. 
 
 State Superintendent may appoint, 
 sec. 7, sub sec. 6, p. 4. 
 
 FORFEITURES. 
 
 See Penalties and Forfeitures. 
 
 FORMS. 
 
 See Blank Forms. 
 FUNDS. 
 
 See School Funds. 
 LICENSE OF TEACHERS. 
 
 See Certificates. 
 MEMPHIS. 
 
 Laws applying only to Memphis, 
 sec. 57, p. 57. 
 
 MISDEMEANOR. 
 
 See Penalties and Forfeitures. 
 MUNICIPAL CORPORATIONS. 
 
 City and town school systems, sees. 
 48, 49, pp. 31, 32. 
 
 Cities and incorporated towns may 
 levy tax, sec. 50, p. 32. 
 
 May establish independent system, 
 sec. 51, p. 32. 
 
 Boards of Education may be ap- 
 pointed, sec. 50, sub sec. 4, p. 32. 
 
 Taxing districts of second class, sec. 
 52, p. 33. 
 
 Attorney-General's opinion, sec. 52, 
 p. 33. 
 
 NORMAL SCHOOLS. 
 
 Laws organizing and regulating, 
 
 sec. 54, pp. 34 et seq, 
 Diplomas to graduates, exempting 
 
 from examination, sec. 54, sub 
 
 sec. 8, p. 35. 
 Scholarships to Peabody Normal 
 
 College, sec. 54, sub sec. 14, p. 
 
 36. 
 State Superintendent to disburse all 
 
 moneys appropriated to Peabody 
 - Normal School, sec. 54, sub sec. 
 
 12, p. 36. 
 Appropriation to Peabody Normal 
 
 College, sec 54. sub sec. 14, p. 36. 
 Reports to State Superintendent and 
 
 Governor, sec. 54, sub sec. 9, p. 
 
 36. 
 Salaries to be fixed by State Board, 
 
 sec. 54, sub sec. 11, p. 35. 
 Scholarships for colored people, sec. 
 
 54, sub sec. 15, p. 37. 
 Appropriation for normal instruction 
 
 of colored people, sec. 54, sub sec. 
 
 15, p. 37. 
 Donations may be received, sec. 54, 
 
 sub sec. 4, p. 34. 
 
 Age of pupils attending, sec. 54, 
 sub sec. 6, pp. 34, 35. 
 
 OFFICERS. 
 
 All officers must take oath, art. 10, 
 
 p. 62. 
 Penalties and forfeitures, sees. 23, 
 
 24, 25, pp. 19, 20. 
 
 Duties in relation to Bank of Ten- 
 nessee issue, sec. 43, p. 26. 
 
 ORDERS. 
 
 See Warrants. 
 PEABODY NORMAL COLLEGE. 
 
 See Normal Schools. 
 PENALTIES AND FORFEITURES. 
 
 For all school officers, sees. 23, 24, 
 
 25, 26, pp. 18, 19, 20. 
 
 County Superintendent, failure to 
 
 report, sec. 44#, p. 29. 
 Clerk of Directors, failure to report, 
 
 sec. 20, sub sec. 12, p. 15. 
 County Superintendent, removal, 
 
 sec. 8, sub sec. 1, p. 6. 
 State Superintendent, removal, 
 
 sec. 5, p. 4. 
 Misdemeanor for County Trustee, 
 
 sec. 47, p. 31. 
 Misdemeanor for Directors, sees. 18, 
 
 19, pp. 12, 13. 
 PROPERTY. 
 
 Directors control property of dis- 
 trict, sec. 20, sub sec. 11, p. 15. 
 People may rate on school tax, sec. 
 
 39, p. 26. 
 
66 
 
 INDEX. 
 
 PEOPLE. 
 
 Public meetings of district called by 
 
 Directors, sec. 20, sub sec. 8, p. 
 
 14. 
 People may vote on school tax, sec 
 
 39, p. 26. 
 Elect School Directors, sec. 12, p. 
 
 PUPILS. 
 
 School age, sec. 7, sub sec. 12, pp. 
 
 5, 6. 
 Pupils adjoining county line, sec. 22, 
 
 sub. sec. 4, p. 18. 
 Pupils residing in different districts, 
 
 sec. 22, sub sec. 4, note 1, p. 18 ; 
 
 sec. 30, p. 20. 
 May be admitted to town schools by 
 
 consent, art. 8, p. 62. 
 Punishment of pupils, sec. 20, sub 
 
 sec. 4, p. 14. 
 Suspension by teacher, sec. 29, p. 
 
 Dismissal by District Directors, sec. 
 
 20, sub sec. 4, p. 14. 
 School grades, sec. 32, p. 23. 
 Certificates to pupils completing 
 
 primary schools, sec. 32, p. 23. 
 Diplomas to pupils completing sec- 
 
 ondary schools, sec. 32, p. 23. 
 White and colored pupils not to be 
 
 taught in same schools, sec. 30, 
 
 p. 21. 
 May be recommended for admission 
 
 to Normal College, sec. 54, sub 
 
 sec. 7, p. 35. 
 
 RECORDS. 
 
 State Superintendent to keep rec- 
 
 ords, sec. 7, sub sec. 10, p. 5. 
 County Superintendent to keep 
 
 records, -sec. 9, sub sees. 7, 9, p. 9. 
 Clerk of Directors to keep records, 
 
 sec. 21, sub sees. 2, 3, p. 16. 
 Teachers to keep register of schools, 
 
 sec. 27, p. 20. 
 County Trustee to keep separate 
 
 account, sec. 45, p. 29. 
 Normal schools to keep records, 
 
 sec. 54, sub sec. 9, p. 35. 
 '-->unty Trustee to keep account of 
 
 Bounty High School fund, sec. 11, 
 
 p. 44. 
 
 State Superintendent may require 
 
 report of any officer, sec. 7, sub 
 
 sec. 7, p. 5. 
 State Superintendent may appoint 
 
 persons to make reports, sec. 7, 
 
 sub sec. 8, p. 5. 
 State Superintendent's annual report 
 
 to Governor, sec. 7, sub. sec. 12, 
 
 p. 5. 
 
 State Superintendent's report of 
 scholastic population to Comp- 
 troller, sec. 7, sub sec. 11, p. 5. 
 
 County Superintendent's annual re- 
 
 rrt to State Superintendent, sec. 
 , sub sec. 7, p. 5; sec. 9, sub 
 sec. 6, p. 8. 
 
 County Superintendent's annual re- 
 port to County Court, sec. 9, sub 
 sec. 9, p. 9. 
 
 County Superintendent's report of 
 scholastic population to Trustee, 
 sec. 9, sub sec. 5, p. 8. 
 
 County Superintendent may appoint 
 persons to make district report, 
 sec. 9, sub sec. 2, p. 8. 
 
 Directors' annual report to County 
 Superintendent, sec. 20, sub sec. 
 12, p. 15. 
 
 Clerk's report of scholastic popula- 
 tion to County Superintendent, 
 sec. 21, sub sec. 5, pp. 16, 17. 
 
 Clerk failing to report can not draw 
 pay, sec. 21, sub sec. 5, p. 17. 
 
 Teacher's report to Clerk, sec. 27, 
 p. 20. 
 
 County Trustee's report to County 
 Superintendent, sec. 44a, p. 27; 
 sec. 45, p. 29. 
 
 County Trustee's report to District 
 Directors, sec. 45, p. 29. 
 
 State Board of Education to report 
 to State Superintendent and Gov- 
 ernor, sec. 54, sub sec. 9, p. 35. 
 
 County Board of Education to re- 
 port, sec. 9, p. 43. 
 
 SCHOLARS. 
 
 See Pupils. 
 SCHOLASTIC POPULATION. 
 
 See Census. 
 SCHOOL AGE. 
 
 See Pupils. 
 SCHOOL DISTRICTS. 
 
 Established in 1873, sec. 22, sub. 
 
 sec. 1, p. 17. 
 
 Powers, sec. 22, sub sec. 1, p. 17. 
 County Court may change, sec. 22, 
 
 sub sec. 2, p. 17. 
 Directors may subdivide, sec. 22, 
 
 sub sec. 3, p. 18. 
 Pupils residing in different districts, 
 
 sec. 22, sub sec. 4, note 1, p. 18. 
 Pupils adjoining county line, sec. 22, 
 
 sub sec. 4, p. 18. 
 
 Unexpended balance not distrib- 
 uted, sec. 42, p. 26. 
 Debt of directors binds successors, 
 
 article 3, p. 61. 
 
 Adjacent to incorporated towns, 
 sec. 22, sub sec. 4a, p. 18. 
 
INDEX. 
 
 67 
 
 SCHOOL FUND. 
 
 Permanent fund and its annual pro- 
 ceeds, sees 34, 35, pp. 24, 25. 
 
 Comptroller apportions annual State 
 fund, sec. 44, p. 27. 
 
 State school taxes, sees. 37, 38, p. 
 25. 
 
 Directors may draw warrants on 
 Trustee, sec. 20, sub sec. 10, p. 14. 
 
 County school taxes, sec. 39, p. 26. 
 
 Distribution to school districts, sec. 
 38, p. 25. 
 
 Directors to use fund for what pur- 
 pose and how, sec. 20, sub sec. 5, 
 p. 14. 
 
 Unexpended balance in district, sec. 
 42, p. 26. 
 
 Penalty of Trustee, sec. 47, p. 31. 
 
 SCHOOL LAWS. 
 
 Distributed by State Superintend- 
 ent, sec. 7, sub sec. 5, p. 4. 
 
 SCHOOL OFFICERS. 
 
 See Officers. 
 SCHOOL PROPERTY. 
 
 See Property. 
 SCHOOLS. 
 
 System established, sees. 1, 2, p. 3. 
 How long kept open, sec. 20, sub 
 
 sec. 3, note 5, p. 13 ; sec. 31, note 
 
 p. 21 ; sec. 39, p. 26. 
 Separate for white and colored pu- 
 pils, sec. 20, sub sec. 9, p. 14 ; 
 
 sec. 30, p. 21. 
 Who may attend free, sec. 22, p. 17 ; 
 
 sec. 30, p. 20. 
 Two classes of schools primary, 
 
 secondary, sees. 31, 32, pp. 21, 22, 
 
 23. 
 
 Consolidated schools, sec. 33, p. 24. 
 Branches of study, sees. 31, 32, 33, 
 
 pp. 21, 22, 23, 24. 
 Grading of schools, sec. 32, p. 23. 
 Certificates and diplomas to pupils, 
 
 sec. 32, p. 23. 
 More than one teacher necessary for 
 
 each secondary school, sec. 31, 
 
 sub sec. 3, note p 22. 
 Effects of alcohol and tobacco to be 
 
 taught, sec. 31, sub sec. 4, 5, p. 
 
 22. 
 
 SCHOOL WARRANTS. 
 
 See Warrants. 
 STATE BOARD OF EDUCATION. 
 
 How appointed, and term of office, 
 sec. 54, sub sec. 13, p. 36. 
 
 Governor and State Superintendent, 
 ex officio members, sec. 54, sub 
 sec. 13, p. 36. 
 
 Organization, duties, and powers, 
 
 sec. 54, pp. 34, 35, 36, 37. 
 May establish normal schools, sec. 
 
 54, p. 34. 
 May grant diplomas to graduates, 
 
 sec. 54, sub sec. 7, p. 35. 
 Report to Legislature through State 
 
 Superintendent and Governor, sec. 
 
 54, sub sec. 16, p. 37. 
 Rules for county superintendent, 
 
 sec. 8, sub sec. 1, p. 7. 
 
 STATE SUPERINTENDENT. 
 
 Office created and located at Capitol, 
 sec. 2, p. 3 ; sec. 6, p. 4. 
 
 Qualifications and appointment, sec. 
 3, p. 3. 
 
 Oath of office, article 10, p. 62, 
 
 Term of office and salary, sec. 4, 
 p. 3. 
 
 Member of State Board and Edu- 
 cational Bodies, sec. 4, sub sees. 
 2, 3, p. 4. 
 
 Duties, sec. 2, sub sec. 1, p. 3; sec. 
 7, p. 4. 
 
 Duty in grading schools, sec. 32, p. 
 
 Duty in issuing certificates and diplo- 
 mas to pupils, sec. 32, p. 23. 
 
 Duty in distributing school law, 
 forms, etc., sec. 7, sub sees. 4, 5, 
 13, pp. 4, 6 ; sec. 9, p. 43. 
 
 Suits for penalties in his official 
 name, sec. 7, p. 5. 
 
 Penalties and forfeitures, sees. 23, 
 24, 25, pp. 18, 19. 
 
 Removal, sec. 5. p. 4. 
 
 Shall make tours of inspection, sec. 
 7, sub sec. 2. 
 
 Shall disburse money appropriated 
 to Peabody Normal College, sec. 
 54, sub sec. 12, p. 36. 
 
 Shall be secretary and treasurer 
 State Board of Education, sec. 
 54, sub sec. 12, p. 36. 
 
 Shall give bond, sec. 54, sub sec. 
 12, article 2, p. 36. 
 
 County Superintendent reports to 
 him, sec. 7, sub. sec. 7, p. 5 ; sec. 
 44c. p. 28. 
 
 State Board of Education reports to 
 him, sec. 54. 
 
 May require reports of any officer, 
 sec. 32. 
 
 May appoint persons to make re- 
 ports, sec. 7, sub sec. 8, p. 5. 
 
 May appoint examiners, sec. 7, sub 
 sec. 6, pp. 4, 5. 
 
 SUPREME COURT. 
 
 Decisions in school cases, pp. 61, 62. 
 TAXES. 
 
 See School Fund. 
 
68 
 
 INDEX. 
 
 TAXING DISTRICTS. 
 
 See Memphis. 
 TAXING- DISTRICTS OF SECOND 
 
 CLASS. 
 
 See Municipal Corporations. 
 TEACHERS. 
 
 Examinations provided for, sec. 7, 
 
 sub sec. 9, p. 5. 
 Certificates of qualification, sec. 9, 
 
 sub sec. 4, p. 8 ; sec. 26, p. 20. 
 Diplomas from State Normal 
 
 Schools, sec. 54, 
 Employment by Directors, sec. 18, 
 
 p. 12, see note ; sec. 20, sub sec. 
 
 3, p. 13 ; sees. 26, 28, p. 20. 
 Employment of minors, sec. 20, 
 
 note 6, p. 13. 
 Must obey regulations of Directors, 
 
 p. 43. 
 Dismissal by Directors, sec. 20, sub 
 
 sec. 3, p. 13, see notes 4, 8. 
 Payment of salary, sec. 20, p. 13 ; 
 
 sees. 26, 28, p. 20. 
 Suits for payment, pp. 43, 44. 
 Keep register and report to Direc- 
 tors, sec. 27. p. 20. 
 Power to punish and suspend pupils, 
 
 sec. 29, p. 20. 
 TEXT-BOOKS. 
 
 Text book commission created, sec. 
 
 1, p. 45. 
 Uniform system of school books to 
 
 be adopted, sec. 1, p. 45. 
 Branches to be considered, sec. 1, 
 
 p. 45. 
 Sub commission authorized, sec. 1, 
 
 p. 46. 
 
 Duties of commission and sub- 
 commission, sees. 1, 2, 3, pp. 46, 
 
 47, 47, 48, 49. 
 
 Requirement of bidders, sec. 2, p. 
 
 48. 
 State not liable to any contractor, 
 
 sec. 5, p. 52. 
 Governor to issue proclamation 
 
 when adoptions are made, sec. 7, 
 
 p. 53. 
 State Superintendent to notify 
 
 county superintendents of adopt- 
 ions; sec. 10, p. 55. 
 Compensation for sub commission, 
 
 sec. 17, p. 56. 
 
 TREE-PLANTING. 
 
 Duty of County Superintendent and 
 schools, sec. 56, p. 39. 
 
 UNIYERSITY OF TENNESSEE. 
 
 Duties of school officers in examin- 
 ing applicants and cadetships, sec. 
 55, p. 38. 
 
 Senators and Representatives ap- 
 point cadets, sec. 55, sub sec. 3, 
 p. 38. 
 
 President of University appoints 
 cadets, sec. 55, sub sec. 5, p. 39. 
 
 Vacancy in cadetships, sec. 55, sub 
 sec. 6, p 39. 
 
 WARRANTS. 
 
 Shall be countersigned, sec. 9, sub 
 
 sec. 8, p. 9. 
 Drawn by Directors on County 
 
 Trustee, sec. 20, sub sec. 10, p. 
 
 14. 
 Drawn by County Superintendent 
 
 for Clerk's salary, sec. 21. 
 Trustee's duty and liability, p. 44. 
 Shall be written in ink, sec. 9, sub 
 
 sec. 8, p. 9. 
 
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